An Act to provide for the operation of programs by the ACTION Agency, to establish certain new such programs, and for other purposes.
PL 93-113 (S.1148), enacted 10/01/1973

394 
PUBLIC LAW 93-113-OCT. 1, 1973 
[87 STAT. 
such individual may file a complaint with the Department of Labor. 
The Department shall promptly investigate such complaint and shall 
take such action thereon as the facts and circumstances warrant, con-
sistent with the terms of such contract and the laws and regulations 
applicable thereto. 
Waiver authority. 
(Q) fhe requirements of this section may be waived, in whole or in 
part, by the President with respect to a particular contract or sub-
contract, in accordance with guidelines set forth in regulations which 
he shall prescribe, when he determines that special circumstances in 
the national interest so require and states in writing his reasons for 
such determination. 
NONDISCRIMINATION UNDER FEDERAL GRANTS 
Ante, p. 361. 
SEC. 504. No otherwise qualified handicapped individual in the 
United States, as defined in section 7(6), shall, solely by reason of his 
handicap, be excluded from the participation in, be denied the benefits 
of, or be subjected to discrimination under any program or activity 
receiving Federal financial assistance. 
Approved September 26, 1973. 
Public Law 93-113 
October 1, 1973 
AN ACT 
[s. 1148] 
To provide for the operation of programs by the ACTION Agency, to establish 
certain new such programs, and for other purposes. 
D 
teer 
Be it enacted hy the Senate and House of Representatives 
of the 
omestic voiun- United States of America in Congress assembled^ That this Act, with 
m's^^'"'''^ ^""^ ° the following table of contents, may be cited as the "Domestic Volun-
teer Service Act of 1973": 
TABLE OF CONTENTS 
TITLE I—NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS 
PAET A—VOLUNTEERS IN SERVICE TO AMERICA 
Sec. 101. Statement of purpose. 
Sec. 102. Authority to operate VISTA program. 
Sec. 103. Assignment of volunteers. 
Sec. 104. Terms and periods of service. 
, 
- , ;. . 
Sec. 105. Support services. 
Sec. 106. Participation of beneficiaries. 
. : 
Sec. 107. Participation of older persons. 
PART B—SERVICE-LEARNING PROGRAMS 
Sec. 111. Statement of purpose. 
Sec. 112. Authority to operate University Year for ACTION program. 
Sec. 113. Special conditions. 
Sec. 114. Special service-learning programs. 
PART C—SPECIAL. VOLUNTEEE PROGRAMS 
Sec. 121. Statement of purpose. 
Sec. 122. Authority to establish and operate programs. 
87 STAT. ] 
PUBLIC LA\V 93-113-OCT. 1, 1973 
395 
TABLE OF CONTENTS—Continued 
TITLE II—NATIONAL OLDER AMERICAN VOLUNTEER PROGRAMS 
PART A—RETIEED SENIOR VOLUNTEEE PBOGEAM 
Sec. 201. Grants and contracts for volunteer service projects. 
PAET B—FOSTER GEANDPARENT PEOOEAH AND OLDES AMEEICAN COMMUNITY 
SEBVICB PROGRAMS 
Sec. 211. Grants and contracts for volunteer service projects. 
Sec. 212. Conditions of grants and contracts. 
PAET C—GENEEAL PEOVISIONS 
Sec. 221. Coordination with other Federal programs. 
Sec. 222. Payments. 
Sec. 223. Minority group participation. 
TITLE III—NATIONAL VOLUNTEER PROGRAMS TO ASSIST SMALL 
BUSINESSES AND PROMOTE VOLUNTEER SERVICE BY PERSONS 
WITH BUSINESS EXPERIENCE 
Sec. 301. Statement of purpose. 
Sec. 302. Authority to establish, coordinate, and operate programs. 
TITLE IV—ADMINISTRATION AND COORDINATION 
Sec. 401. Establishment of agency. 
Sec. 402. Authority of the Director. 
Sec. 403. Political activities. 
Sec. 404. Special limitations. 
Sec. 405. National Voluntary Service Advisory Council. 
Sec. 406. Labor standard's. 
Sec. 407. Imports. 
Sec. 408. Joint funding. 
Sec. 409. Prohibition of Federal control. 
Sec. 410. Coordination with other programs. 
Sec. 411. Prohibition. 
Sec. 412. Notice and hearing procedures for suspension and termination of finan-
cial assistance. 
Sec. 413. Duration of program. 
Sec. 414. Distribution of benefits between rural and urban areas. 
Sec. 415. Application of Federal law. 
Sec. 416. Evaluation. 
Sec. 417. Nondiscrimination. 
Sec. 418. Eligibility for other benefits. 
Sec. 419. Legal expenses. 
Sec. 420. Guidelines. 
Sec. 421. Definitions. 
Sec. 422. Audit. 
TITLE V—AUTHORIZATION OF APPROPRIATIONS 
Sec. 501. National volunteer antipoveity programs. 
Sec. 502. National older Americans volunteer programs. 
Sec. 503. National volunteer programs to assist small businesses and x'romote 
volunteer service by persons with business experience. 
Sec. 504. Administration and coordination. 
Sec. 505. Availability of appropriations. 
396 
PUBLIC LAW 93-113-OCT. 1, 1973 
[87 STAT. 
TABLE OF CONTENTS—Continued 
TITLE VI—AMENDMENTS TO OTHER LAWS AND REPEALERS 
Sec. eoi. Supersedence of Reorganization Plan No. 1 of July 1,1971. 
Sec. 602. Creditable service for civil service retirement. 
Sec. 603. Repeal of title VIII of the Economic Opportunity Act. 
Sec. 604. Repeal of title VI of the Older Americans Act. 
TITLE I—NATIONAL VOLUNTEER ANTIPOVERTY 
PROGRAMS 
PART A—VOLUNTEERS IX SERVICE TO AMERICA 
STx\TEMENT OF PURPOSE 
SEC. 101. This part provides for the Volunteers in Service to Amer-
ica (VISTA) program of full-time volunteer service, together with 
appropriate powers and responsibilities designed to assist in the 
development and coordination of such program. The purpose of this 
part is to strengthen and supplement efforts to eliminate poverty and 
poverty-related human, social, and environmental problems in the 
United States by encouraging and enabling persons from all walks 
of life and all age groups, including elderly and retired Americans, 
to perform meaningful and constructive volunteer service 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 
Dy persons afflicted with such problems. 
AUTHORITY TO OPERATE VISTA PROGRAM 
SEC. 102. The Director may recruit, select, and train persons to 
serve in full-time volunteer programs consistent with the provisions 
and to carry out the purpose of this part. 
ASSIGNMENT OF VOLUNTEERS 
SEC. 103. (a) The Director, upon request of Federal, State, or local 
agencies, or private nonprofit organizations, may assign such volun-
teers to work in the several States in appropriate projects and 
programs— 
(1) in meeting the health, education, welfare, or related needs 
of Indians living on reservations or Federal trust lands, of migra-
tory and seasonal farmworkers and their families, and of residents 
of the District of Columbia, the Commonwealth of Puerto Rico, 
Guam, American Samoa, or the Virgin Islands; 
(2) in the care and rehabilitation of mentally ill, develop-
mentally disabled, and other handicapped individuals, especially 
those with severe handicaps, under the supervision of nonprofit 
institutions or facilities; and 
(3) in connection with programs or activities authorized, sup-
ported, or of a character eligible for assistance under this Act or 
the Economic Opportunity Act of 1964, as amended (42 U.S.C. 
78 Stat. 508. 
chapter 34) in furtherance of the purpose of this title, 
note."^^ ^^°^ 
(b) The Director, wherever feasible and appi-opriate, shall assign 
low-income community volunteers to serve in their home communities 
87 STAT. ] 
PUBLIC LAW 93-113-OCT. 1, 1973 
397 
in teams with nationally recruited specialist volunteers. Prior to the 
assignment of any such community volunteer, the Director shall insure 
that each such volunteer is provided an individual plan designed to 
provide an opportunity for job advancement or for transition to a 
situation leading to gainful employment. One hundred and twenty 
days prior to the completion of such community volunteer's term of 
service, the Director shall insure that such plan is updated and 
reviewed with the volunteer. 
(c) Except as provided in subsection (d), the assignment of volun-
teers under this section shall be on such terms and conditions (includ-
ing 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. 
(d) Volunteers under this part shall not be assigned to duties or ^^^°F.^"li ^"^ 
! • 
m 
^ 
1 
1
1 
!
•
! 
1 / ^ 
mittal to Governor. 
work m any btate unless such program has been submitted to the Gov-
ernor or other chief executive officer of the State concerned, and has 
not been disapproved by him within forty-five days of such submis-
sion. The assignment of a volunteer shall be terminated by the Director 
when so requested by the Governor or chief executive officer of the 
State concerned not later than thirty days after such request has been 
made, or at a time after such request has been made as agreed upon by 
such Governor or chief executive officer of the State concerned and the 
Director. 
TERMS AXD PERIODS OF SERVICE 
SEC. 104. (a) Volunteers serving under this part shall be required 
to make a full-time personal commitment to combating poverty and 
poverty-related human, social, and environmental problems. To the 
maximum extent practicable, this shall include a commitment to live 
among and at the economic level of the people served, and to remain 
available for service without regard to regular working hours, at all 
times during their periods of service, except for authorized periods 
of leave. 
(b) Volunteers serving under this part may be enrolled for periods 
of service not exceeding two years, but for not less than one-year 
periods of service, except that volunteers serving under this part may 
be enrolled for periods of service of less than one year when the 
Director determines, on an individual basis, that a period of service 
of less than one year is necessary to meet a critical scarce-skill need. 
Volunteers serving under this part may be reenrolled for periods of 
service totaling not more than two years. No volunteer shall serve 
for more than a total of five years under this part. 
(c) Volunteers under this part shall, upon enrollment, take the 
oath of office as prescribed in section 5(j) of the Peace Corps Act, 
as amended (22 U.S.C. 2504(j)), except that persons legally residing 
within a State but who are not citizens or nationals of the United 
States, may serve under this part without taking or subscribing to 
such oath, if the Director determines that the service of such persons 
will further the interests of the United States. Such persons shall 
take such alternative oath or affirmation as the Director shall deem 
appropriate. 
Limitation. 
75 Stat. 613. 
398 
PUBLIC LAW 93-113-OCT. 1, 1973 
[87 STAT. 
Hearing oppor-
tunity. 
(d) The Director shall establish a procedure, including notice and 
opportunity to be heard, for volunteers under this part to present and 
obtain resolution of grievances and to present their views in connec-
tion with the terms and conditions of their service. The Director shall 
promptly provide to each volunteer in service on the date of enact-
ment of this Act, and to each such volunteer beginning service there-
after, information regarding such procedure and the terms and 
conditions of their service. 
Stipends. 
Limitation. 
Payment. 
80 Stat. 495. 
SUPPORT SERVICES 
SEC. 105. (a) (1) The Director may provide a stipend to volunteers, 
while they are in training and during their assignments, enrolled for 
periods of service of not less than one year under this part, except that 
the Director may, on an individual basis, make an exception to pro-
vide a stipend to a volunteer enrolled under this part for an extended 
period of service not totaling one year. Such stipend shall not exceed 
$50 per month during the volunteer's service, except that the Director 
may provide a stipend not to exceed $75 per month in the case of per-
sons who have served for at least one year and who, in accordance 
with standards established in regulations which the Director shall 
prescribe, have been designated volunteer leaders on the basis of 
experience and special skills and a demonstrated leadership among 
volunteers. 
(2) Stipends shall be payable only upon completion of a period of 
service, except that in extraordinary circumstances the Director may 
from time to time advance all or a portion of the accrued stipend to 
or on behalf of a volunteer. In the event of the death of a volunteer 
during service, the amount of any unpaid stipend shall be paid in 
accordance with the provisions of section 5582 of title 5, United States 
Code. 
(b) The Director shall also provide volunteers such living, travel 
(including travel to and from places of training), and leave allow-
ances, and such housing, supplies, equipment, subsistence, clothing, 
health and dental care, transportation, supervision, technical assist-
ance, and such other support as he deems necessary and appropriate to 
carry out the purpose and provisions of this part, and shall insure 
that each such volunteer has available such allowances and support as 
will enable the volunteer to carry out the purpose and provisions of 
this part and to effectively perform the work to which such volunteer is 
assigned. 
PARTICIPATION OF BENEFICIARIES 
SEC. 106. To the maximum extent practicable, the people of the com-
munities to be served by volunteers under this title shall participate in 
planning, developing, and implementing programs thereunder, and the 
Director, after consultation with sponsormg agencies (including 
volunteers assigned to them) and the people served by such agencies, 
shall take all necessary steps to establish, in regulations he shall pre-
scribe, a continuing mechanism for the meaningful participation of 
such program beneficiaries. 
87 STAT. ] 
PUBLIC LAW 93-113-OCT. 1, 1973 
399 
PARTICIPATIOISr OF OLDER PERSONS 
SEC. 107. In carrying out this part and part C of this title, the 
P°^t' P- '*OO. 
Director shall take necessary steps, including the development of spe-
cial projects, where appropriate, to encourage the fullest participation 
of older persons and older persons membership groups as volun-
teers and participant agencies in the various programs and activities 
authorized under such parts and, because of the high proportion of 
older persons within the poverty group, shall encourage the develop-
ment of a variety of volunteer services to older persons, including 
special projects, to assure that such persons are served in proportion 
to their need. 
PART B—SERVICE-LEARNING PROGRAMS 
STATEMENT OF PURPOSE 
SEC. 111. This part provides for the University Year for ACTION 
(UYA) program of full-time volunteer service by students enrolled 
in institutions of higher education, together with appropriate powei-s 
and responsibilities designed to assist in the development and coordi-
nation of such programs. The purpose of this part is to strengthen and 
supplement efforts to eliminate poverty and poverty-related human, 
social, and environmental problems by enabling students at such coop-
erating institutions to perform meaningful and constructive volunteer 
service in connection with the satisfaction of such students' course 
work during their periods of service while attending such institutions, 
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 persons afflicted with such problems. Its purpose 
further is to encourage other students and faculty members to engage, 
on a part-time, self-supporting basis, in such volunteer service and 
work along with volunteers serving under this part; and to promote 
participation by such institutions in meeting the needs of the poor in 
the surrounding community through expansion of service-learning 
programs and otherwise. Its purpose further is to provide for a pro-
gram of part-time or short-term service—learning by secondary and 
post-secondary school students to strengthen and supplement efforts 
to eliminate poverty and poverty-related human, social, and environ-
mental problems. 
AUTHORITY TO OPERATE UNIVERSITY YEAR FOR ACTION PROGRAM 
SEC. 112. Except as otherwise provided in this part, the Director 
is authorized to conduct or make grants and contracts for, or both, 
programs to carry out the purposes of this part in accordance with 
the authorities and subject to the restrictions in the provisions of 
part A of this title, except for the provisions of sections 103(d) and 
104(d), and except that the Director may, in accordance with regu-
lations he shall prescribe, determine to reduce or eliminate the stipend 
for volunteers serving under this part on the basis of the value of 
benefits provided such volunteers by the institution in question 
(including the reduction or waiver of tuition). 
SPECIAL CONDITIONS 
SEC. 113. (a) Volunteers serving under this part shall be enrolled 
service, aca-
for periods of service as provided for in subsection (b) of section 104, '^^"""'^ credit. 
and may receive academic credit for such service in accordance with 
the regulations of the sponsoring institution of higher education. 
400 
PUBLIC LAW 93-113-OCT. 1, 1973 
[87 STAT. 
(b) Grants to and contracts with institutions to administer pro-
grams under this part shall provide that prospective student volunteers 
shall participate substantially in the planning of such programs and 
that such institutions shall make available to the poor in the surround-
ing community all available facilities, including human resources, of 
such institutions in order to assist in meeting the needs of such poor 
persons. 
(c)(1) In making grants or contracts for the administration of 
UYA programs under this part, the Director shall insure that financial 
assistance under this Act to programs carried out pursuant to section 
112 of this part shall not exceed 90 per centum of the total cost 
(including planning costs) of such program during the first year and 
such amounts less than 90 per centum as the Director, in consultation 
with the institution, may determine for not more than four additional 
years, including years in which support was received under title VIII 
of the Economic Opportunity Act of 1964, as amended (42 U.S.C. 
86*813^*703^^' 
2991-2994d). Each such grant or contract shall stipulate that the 
institution will make every effort to (A) assume an increasing propor-
tion of the cost of continuing a program carrying out the purpose of 
this part while the institution receives support under this part; 
(B) waive or otherwise reduce tuition for participants in such pro-
gram, where such waiver is not prohibited by law; (C) utilize students 
and faculty at such institution to carry out, on a self-supporting basis, 
appropriate planning for such programs; and (D) maintain similar 
service-learning programs after such institution no longer receives 
support under this part. 
(2) The Director shall take necessary steps to monitor the extent 
of compliance by such institutions with commitments entered into 
under paragraph (1) of this subsection and shall advise the Secretary 
of Health, Education, and Welfare of the extent of each such insti-
tution's compliance. 
SPECIAL SERVICE-LEARNING 
PROGRAMS 
SEC. 114. (a) Of the funds appropriated for the operation of pro-
grams under this part, up to 10 per centum may be used, notwith-
standing any other provisions of this part, to encourage and enable 
students in secondary, secondary vocational, and post-secondary 
schools to participate in service-learning programs on an in- or out-
of-school basis in assignments of a character and on such terms and 
conditions as described in subsections (a) and (c) of section 103. 
(b) Persons serving as volunteers under this section shall not be 
deemed to be Federal employees for any purpose. 
LWing auow- 
(Q) Xhc Dircctor may provide volunteers serving under this sec-
tion a living allowance and only such other support or allowances as 
he determines, pursuant to regulations which he shall prescribe, are 
required because of unusual or special circumstances affecting the 
program. 
PART C—SPECIAL VOLUNTEER PROGRAMS 
STATEMENT OF PURPOSE 
SEC. 121. This part provides for special emphasis and demonstra-
tion volunteer programs, together with appropriate powers and 
responsibilities designed to assist in the development and coordination 
of such programs. The purpose of this part is to strengthen and sup-
plement efforts to meet a broad range of human, social, and environ-
mental needs, particularly those related to poverty, by encouraging 
and enabling persons from all walks of life and from all age groups 
Ante, 
p. 396. 
ance. 
87 STAT.] 
PUBLIC LAW 93-113-OCT. 1, 1973 
401 
to perform meaningful and constructive volunteer service in agencies, 
institutions, and situations where the application of human talent and 
dedication may help to meet such needs. 
AUTHORITY TO ESTABLISH AXD OPERATE 
PROGRAMS 
SEC. 122. (a) The Director is authorized to conduct or make grants 
or contracts, or both, for special volunteer programs or demonstration 
programs (such as but not limited to a program to provide alter-
natives to the incarceration of youthful offenders; a program to pro-
jnote educational opportunities for veterans; and a program to provide 
community-based peer group outreach and counseling for drug 
abusers) designed to stimulate and initiate improved methods of 
providing volunteer services, to encourage wider volunteer participa-
tion on a full-time, part-time, or short-term basis to further the pur-
pose of this part, and to identify particular segments of the poverty 
community which could benefit from volunteer and other antipoverty 
efforts. 
(b) Except as provided in subsection (c) of this section, assign-
ment of volunteers under this section shall be on such terms and con-
ditions as the Director shall determine, pursuant to regulations which 
he shall prescribe. 
(c) The Director, in accordance with regulations he shall prescribe, 
may provide to persons serving as full-time volunteers in a program 
of at least one year's duration under this part such allowances and 
stipends, to the extent and in amounts not in excess of those authorized 
to be provided under part A of this title; as he determines are neces-
sary to carry out the purpose of this part. 
TITLE II—NATIONAL OLDER AMERICAN VOLUNTEER 
PROGRAMS 
PART A—RETIRED SENIOR VOLUNTEER PROGRAM 
GRANTS AND CONTRACTS FOR VOLUNTEER SERVICE PROJECTS 
SEC. 201. (a) In order to help retired persons to avail themselves of 
opportunities for volunteer service in their community, the Director is 
authorized to make grants to State agencies (established or designated 
pursuant to section 304(a) (1) of the Older Americans Act of 1965, as 
amended (42 U.S.C. 3024(a)(1))) or grants to or contracts with 
Ante,p.3». 
other public and nonprofit private agencies and organizations to pay 
part or all of the costs for the development or operation, or both, of 
A'olunteer service programs under this section, if he determines, in 
accordance with regulations he shall prescribe, that— 
(1) volunteers will not be reimbursed for other than trans-
portation, meals, and other out-of-pocket expenses incident to 
the provision of services under this part; 
(2) only individuals aged sixty or over will be enrolled as 
volunteers to provide services under this part (except for admin-
istrative purposes), and such services will be performed in the 
community where such individuals reside or in nearby communi-
ties either (A) on publicly owned and operated facilities or proj-
ects, or (B) on local projects sponsored by private nonprofit 
organizations (other than political parties), other than projects 
involving the construction, operation, or maintenance of so much 
of any facility used or to be used for sectarian instruction or as a 
place for religious worship; 
22-150 O - 75 - 28 
402 
PUBLIC LAW 93-113-OCT. 1, 1973 
[87 STAT. 
(3) the program includes such short-term training as may be 
necessary to make the most effective use of the skills and talents 
of participating volunteers and individuals, and provide for the 
payment of the reasonable expenses of such volunteers while 
undergoing such training; and 
(4) the program is being established and will be carried out 
with the advice of persons competent in the field of service 
involved, and of persons with interest in and knowledge of the 
needs of older persons, 
(b) The Director shall not award any grant or contract under this 
part for a project in any State to any agency or organization unless, 
if such State has a State agency established or designated pursuant to 
section 304(a)(1) of the Older Americans Act of 1965, as amended 
Ante, p. 38. 
(42 U.S.C. 3024(a)(1)), such agency itself is the recipient of the 
award or such agency has been afforded at least sixty days in which to 
review the project application and make recommendations thereon. 
PART 
B—FOSTER 
GRANDPARENT PROGRAM AND OLDER 
AMERICAN 
COMMUNITY SERVICE PROGRAMS 
GRANTS AND CONTRACTS FOR VOLUNTEER SERVICE PROJECTS 
SEC. 211. (a) The Director is authorized to make grants to or 
contracts with public and nonprofit private agencies and organizations 
to pay part or all of the cost of development and operation of projects 
(including direct payments to volunteers serving under this part) 
designed for the purpose of providing opportunities for low-income 
persons aged sixty or over to serve as volunteers to provide supportive 
person-to-person services in health, education, welfare, and related 
settings to children having exceptional needs, including services by 
volunteers serving as "foster grandparents" to children receiving care 
in hospitals, homes for dependent and neglected children, or other 
establishments providing care for children with special needs. The 
Director may approve assistance in excess of 90 per centum of the costs 
of the development and operation of such projects only if he deter-
inines, in accordance with regulations he shall prescribe establishing 
objective criteria, that such action is required m furtherance of the 
purpose of this section. Provision for such assistance shall be effective 
as of September 19, 1972. In the case of any project with respect to 
which, prior to such date, a grant or contract has been made under 
section 611(a) of the Older Americans Act of 1965, as amended (42 
U.S.C. 3044b) or with respect to any project under the Foster Grand-
parent program in effect prior to September 17, 1969, contributions in 
cash or in kind from the Bureau of Indian Affairs, Department of the 
Interior, toward the cost of the project may be counted as part of the 
cost thereof which is met from non-Federal sources. 
(b) The Director is also authorized to make grants or contracts to 
carry out the purpose described in subsection (a) of this section in the 
case of persons (other than children) having exceptional needs, includ-
ing services by volunteers serving as "senior health aides" to work 
with persons receiving home health care, nursing care, or meals on 
wheels or other nutritional services, and as "senior companions" to 
persons having developmental disabilities or other special needs for 
companionship. 
CONDITIONS OF GRANTS AND CONTRACTS 
SEC. 212. (a) (1) In carrying out this part, the Director shall insure 
that volunteers receiving assistance in any project are older persons of 
low income who are no longer in the regular work force. 
Ante, 
p. 55. 
Ante, 
p. 38. 
87 STAT.] 
PUBLIC LAW 93-113-OGT. 1, 1973 
403 
(2) The Director shall not award a grant or contract under this 
part which involves a project proposed to be carried out throughout 
the State or over an area more comprehensive than one community 
unless— 
(A) the State agency established or designated under section 
304(a)(1) of the Older Americans Act of 1965, as amended 
(42 U.S.C. 3024(a) (1)) is the applicant for such grant or contract 
or, if not, such agency has been afforded a reasonable opportunity 
to apply for and receive such award and to administer or supervise 
the administration of the project; and 
(B) in cases in which such agency is not the grantee or con-
tractor (including cases to which clause (A) applies but in which 
such agency has not availed itself of the opportunity to apply 
for and receive such award), the application contains or is sup-
ported by satisfactory assurances that the project has been 
developed, and will to the extent appropriate be conducted, in 
consultation with, or with the participation of, such agency. 
(3) The Director shall not award a grant or contract under this 
part which involves a project proposed to be undertaken entirely in 
a community served by a community action agency unless— 
(A) such agency is the applicant for such grant or contract or, 
if not, such agency has been afforded a resonable opportunity to 
apply for and receive such award and to administer or supervise 
the administration of the project; 
(B) in cases in which such agency is not the grantee or con-
tractor (including cases to which clause (A) applies but in which 
such agency has not availed itself of the opportunity to apply 
for and receive such award), the application contains or is sup-
ported by satisfactory assurances that the project has been 
developed, and will to the extent appropriate be conducted in 
consultation with, or with the participation of, such agency; and 
(C) if such State has a State agency established or designated 
pursuant to section 304(a)(1) of the Older Americans Act of 
1965, as amended (42 U.S.C. 3024(a) (1)), such agency has been 
afforded at least forty-five days in which to review the project 
application and make recommendations thereon. ^ 
(b) The term "community action agency" as used in this section tiol^^a^ency!'^ ^'^' 
means a community action agency as defined in title I I of the Eco-
nomic Opportunity Act of 1964, as amended (42 U.S.C. 2781-2837). 
PART C—GENERAL PROVISIONS 
COORDINATION WITH OTHER FEDERAL PROGRAMS 
SEC. 221. In carrying out this title, the Director shall consult with 
the Office of Economic Opportunity, the Departments of Labor and 
Health, Education, and Welfare, and any other Federal agencies 
administering relevant programs with a view to achieving optimal 
coordination with such other programs, and shall promote the coordi-
nation of projects under this title with other public or private pro-
grams or projects carried out at State and local levels. Such Federal 
agencies shall cooperate with the Director in disseminating informa-
tion about the availability of assistance under this title and in promot-
ing the identification and interest of low-income and other older 
persons whose services may be utilized in projects under this title. 
PAYMENTS 
SEC. 222. Payments under this title pursuant to a grant or contract 
may be made (after necessary adjustment, in the case of grants, on 
81 Stat. 690. 
404 
PUBLIC LAW 93-113-OCT. 1, 1973 
[87 STAT. 
in 
account of previously made overpayments or underpayments) 
advance or by way of reimbursement, in such installments and on such 
conditions, as the Director may determine. 
MINORITY GROUP PARTICIPATION 
SEC. 223. The Director shall take appropriate steps to insure that 
special efforts are made to recruit, select, and assign qualified indi-
viduals sixty years and older from minority groups to serve as volun-
teers under this title. 
86 Stat. 697. 
42 u s e 2981. 
72 Stat. 384. 
15 u s e 631 note. 
TITLE 
III—NATIONAL 
VOLUNTEEE 
PROGRAMS 
TO 
ASSIST SMALL BUSINESSES AND PROMOTE VOLUN-
TEER 
SERVICE 
BY 
PERSONS 
W I T H 
BUSINESS 
EXPERIENCE 
STATEMENT OF PURPOSE 
SEC. 301. This title provides for programs in which persons with 
business experience volunteer to assist persons, especially those who are 
economically disadvantaged, engaged in, or who seek to engage in, 
small business enterprises, and to make available their expertise as 
volunteers in programs authorized by, or of a character eligible for 
assistance under, this Act, the Economic Opportunity Act of 1964, as 
amended (42 U.S.C. chap. 34) (particularly title VII thereof), or the 
Small Business Act (15 U.S.C. chap. 14A). The purpose of this title 
is to utilize the skills and expertise of persons with business experience 
to assist persons in, or seeking to enter, business enterprises, or to carry 
out management and financial counseling activities m furtherance of 
the purposes of this Act. 
AUTHORITY TO ESTABLISH, COORDINATE, AND OPERATE PROGRAMS 
Service Corps o
f 
g^c. 302. (a) The Dlrector is authorized to establish and conduct, 
tives^seo^RE)^ Ac- ^^d to rccruit, select, and train volunteers for (and to make grants or 
tive Corps o
f Ex- eutcr iuto coutracts therefor), volunteer programs, including a Service 
ecutive^ (ACE). 
Corps of Retired Executives (SCORE) and an Active Corps of Execu-
tives (ACE) and programs in which SCORE and ACE volunteers 
expand the application of their expertise beyond Small Business 
Administration clients, to carry out the purpose of this title: Provided^ 
however, That the services of volunteers who are assisting persons or 
enterprises seeking to obtain, or receiving, financial or management 
counseling assistance from the Small Business Administration shall 
be performed under the direction of the Administrator of the Small 
Business Administration (hereinafter referred to in this title as the 
"Administrator") pursuant to section 8(b) (1) of the Small Business 
Act (15 U.S.C. 637(b)(1)). 
(b) The assignment of volunteers engaged in programs under this 
title shall be on such terms and conditions as the Director may deter-
mine, except that he shall prescribe such terms and conditions in 
agreement with the Administrator with respect to the service of vol-
unteers described in the proviso in subsection (a) of this section. 
(c) (1) Such volunteers, while carrying out activities under this 
title and section 8(b) (1) of the Small Business Act (15 U.S.C. 637 
(b) (1)), shall be deemed Federal employees for the purpose of the 
Federal tort claims provisions in title 28, United States Code. 
(2) The Director is authorized to reimburse such volunteers only 
for such necessary out-of-pocket expenses incident to their provision 
of services under this Act as he shall determine, in accordance with 
regulations which he shall prescribe, and, while they are carrying out 
72 Stat. 389; 
80 Stat. 1295. 
Assignment, 
terms and condi-
tions. 
28 u s e 2671. 
Expenses, reim-
bursement. 
87 STAT. ] 
PUBLIC LAW 93-113-OCT. 1, 1973 
405 
such activities away from their homes or regular places of business, 
for travel expenses (including per diem in lieu of subsistence) as 
authorized by section 5703 of title 5, United States Code, for individ-
uals serving without pay. 
(3) Such volunteers shall in no way (A) participate for the benefit 
of the Small Business Administration (rather than on behalf of their 
clients) in any screening or evaluation activities in connection with 
applications for loans from such Administration, or (B) provide 
services to a client of such Administration with a delinquent loan 
outstanding, except upon a specific request signed by such client for 
assistance in connection with such matter. 
(d) The Director and the Administrator shall cooperate in order 
to make available to such volunteers, or groups thereof, such use of the 
office facilities and related supplies, materials, and services of the 
Small Business Administration and the ACTION Agency as they 
deem appropriate to assist such volunteers to carry out such activities, 
including authorized meetings of groups of volunteers. 
(e) Except as otherwise provided in this Act, activities authorized 
to be carried out both by this title and by section 8(b) (1) of the Small 
Business Act (15 U.S.C. 637(b) (1)) shall be carried out imder this 
title to the maximum extent feasible. 
80 Stat. 499; 
83 Stat. 190. 
Service to SBA 
loan applicants, 
prohibition. 
Office facilities 
and supplies, 
availability. 
72 Stat. 389; 
80 Stat. 1295. 
TITLE IV—ADMINISTRATION AND COORDINATION 
ESTABLISHMENT OF AGENCY 
80 Stat. 460; 
33 Stat. 864. 
SEC. 401. There is hereby established in the executive branch of 
ACTION Agency. 
the Government an agency to be known as the ACTION Agency. 
Such Agency shall be headed by a Director who shall be appointed 
by the President, by and with the advice and consent of the Senate, 
and shall be compensated at the rate provided for level I I I of the 
Executive Schedule under section 5314 of title 5, United States Code. 
There shall also be in such agency a Deputy Director who shall be 
appointed by the President, by and with the advice and consent of 
the Senate, and shall be compensated at the rate provided for level IV 
of the Executive Schedule under section 5315 of title 5, United States 
Code. The Deputy Director shall perform such functions as the 
Director shall from time to time prescribe, and shall act as Director 
of the ACTION Agency during the absence or disability of the Direc-
tor. There shall also be in such agency two Associate Directors who 
shall be appointed by the President by and with the advice and consent 
of the Senate, and shall be compensated at the rate provided for level V 
of the Executive Schedule under section 5316 of title 5, United States 
Code. One such Associate Director shall be designated "Associate 
Director for Domestic and Anti-Poverty Operations" and shall carry 
out operational responsibility for all programs authorized under this operation 
Act, and the other such Associate Director shall be designated "Asso- tor ^orin^ermi-"^'^ 
ciate Director for International Operations" and shall carry out tionai operations. 
operational responsibility ior all programs authorized under the 
Peace Corps Act (22 U.S.C. 2501 et seq.). There shall also be in such 
agency no more than two Assistant Directors appointed by the Presi-
dent by and with the advice and consent of the Senate, who shall be 
compensated at the rate provided for level V of the Executive Schedule 
under section 5316 of title 5, United States Code. Each such Assistant 
Director shall perform such staff and support functions for such 
Associate Directors as the Director shall frorrt time to time prescribe. 
Associate Direc-
tor for Domestic 
and Anti-Poverty 
75 Stat. 612. 
406 
PUBLIC LAW 93-113~OCT. 1, 1973 
[87 STAT. 
Ante, 
pp. 396, 
399. 
Ante, 
p. 401. 
There shall also be in such agency one Deputy Associate Director, 
under the Associate Director for Domestic and Anti-Poverty Oper-
ations, primarily responsible for programs carried out under parts A 
and B of title I of this Act and one Deputy Associate Director, under 
the Associate Director for Domestic and Anti-Poverty Operations, 
primarily responsible for programs carried out under title I I of this 
Act, each of whom shall be appointed by the Director. 
Personnel, ap-
pointment. 
80 Stat. 443. 
5 u s e 5101. 
Experts and con-
sultants. 
80 Stat.'416. 
5 u s e 5332 
note. 
80 Stat. 499; 
83 Stat. 190. 
5 u s e 5703. 
Delegation of 
functions. 
Federal and non-
Federal agencies, 
services and facil-
ities, utilization. 
Gifts or be-
quests, accept-
70A Stat. 269. 
AUTHORITY OF T H E DIRECTOR 
SEC. 402. In addition to the authority conferred upon him by other 
sections of this Act, the Director is authorized to— 
(1) 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 chap-
ter 51 of title 5, United States Code; 
(2) (A) employ experts and consultants or organizations 
thereof as authorized by section 3109 of title 5, United States 
Code, 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 travel-
time; (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) with the approval of the President, arrange with and 
reimburse the heads of other Federal agencies for the perform-
ance of any of the provisions of this Act and, as necessary or 
appropriate, delegate any of his functions under this Act 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) with their consent, utilize the services and facilities of Fed-
eral 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) accept in the name of the ACTION Agency, and employ 
or dispose of in furtherance of the purposes of this Act, or of 
any title thereof, any money or property, real, personal, or mixed, 
tangible or intangible, received by gift, devise, bequest, or 
otherwise; 
(6) accept voluntary and uncompensated services; 
(7) allocate and expend, or transfer to other Federal agencies 
for expenditure, funds made available under this Act as he deems 
necessary to carry out the provisions hereof, including (without 
regard to the provisions of section 4774(d) of title 10, United 
States Code), expenditure for construction, repairs, and capital 
improvements; 
87 STAT.] 
PUBLIC LAW 93-113-OCT. 1, 1973 
407 
(8) disseminate, -witlioiit regard to the provisions of section 
;5204 of title 39, United States Code, data and information, in 
such form as he shall deem appropriate to public agencies, private 
organizations, and the general public; 
(9) adopt an oiRcial seal, which shall be judicially noticed; 
(10) 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 (31 U.S.C. 951-53) ; 
(11) expend funds made available for purposes of this Act as 
follows: (A) for printing and binding, in accordance with appli-
cable 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 m the proper administration of 
this Act, 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 Administra-
tion) 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) notwithstanding any other provision of law, make grants 
to or contracts with Federal or other public departments or agen-
cies and private nonprofit organizations for the assignment or 
referral of volunteers under this Act (except for volunteers serv-
ing under part A of title I thereof), which may provide that the 
agency or organization shall pay all or a part of the costs of the 
program; 
(13) provide or arrange for educational and vocational coun-
seling of volunteers and recent former volunteers under this Act 
to (A) encourage them to use in the national interest the skills and 
experience which they have derived from their training and serv-
ice, 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 opportu-
nities for the use of such skills and experience ; 
(14) 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 Act, with necessary adjust-
ments on account of overpayments and underpayments) as are 
necessary or appropriate to carry out the provisions of this Act; 
and 
(15) generally perform such functions and take such steps, 
consistent with the purposes and provisions of this Act, as he 
deems necessary or appropriate to carry out the provisions of 
this Act. 
Information dis-
semination. 
84 Stat. 752. 
Official seal. 
80 Stat. 308. 
Funds, expendi-
ture. 
Grants or con-
tracts. 
Ante, p. 396. 
Educational and 
vocational coun-
seling. 
Rules and regu-
lations. 
408 
PUBLIC LAW 93-113-OCT. 1, 1973 
[87 STAT. 
POLITICAL ACTIVITIES 
Funds, prohibi-
tion. 
"Election." 
86 Stat. 11. 
2 u s e 431. 
"Federal of-
fice." 
Enforcement, 
rules and regula-
tions. 
SEC. 403. (a) No part of any funds appropriated to carry out this 
Act, or any program administered by the ACTIOX 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 ACTIOX 
Agency, vs^ho, 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 301 (a) of the Federal 
Election Campaign Act of 1971 (Public Law 92-225), and the term 
"Federal office" has the same meaning given such term by section 
301(c) of such Act. 
(b) Programs assisted under this Act 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 asso-
ciated with a candidate, or contending faction or group, in an election 
for public or party office, (2) any activity to provide voters or prospec-
tive voters wdth 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 Com-
mission, shall issue rules and regulations to provide for the enforce-
ment 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 enfoi'cement on an emergency basis. 
Volunteer ac-
tivities. 
Support costs. 
Funds for labor 
or antilabor orga-
nization activi-
ties, prohibition. 
Selection proce-
dure s. 
SPECIAL LIMITATIONS 
SEC. 404. (a) The Director shall prescribe regulations and shall 
carry out the provisions of this Act so as to assure that the service of 
volunteers assigned, referred, or serving pursuant to grants, contracts, 
or agreements made under this Act 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) All support, including transportation provided to volunteers 
under this Act, shall be furnished at the lowest possible costs consistent 
with the effective operation of volunteer programs. 
(c) 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) No funds authorized to be appropriated herein shall be directly 
or indirectlj^ utilized to finance labor or antilabor organization or 
related activity. 
(e) Persons serving as volunteers under this Act 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 Act. The Director may establish such special pro-
cedures for the recruitment, selection, training, and assignment of low-
income residents of the area to be served by a program under this Act 
who wish to become volunteers as he determines will further the 
purposes of this Act. 
87 STAT.] 
PUBLIC LAW 93-113-OCT. 1, 1973 
409 
(f) Xotwithstandiii«>- 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 pro-
grams under this Act only to persons appointed or employed pursuant 
to clauses (1) and (2) of section 402, and persons assigned or delegated 
such substantial responsibilities on the effective date of this Act and 
who are receiving compensation in accordance with provisions of law 
other than the applicable provisions of title 5, United States Code, 
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 com-
pensation 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 (22 U.S.C. 2501 
et seq.) within six months after the effective date of this Act. 
(g) Notwithstanding any other provision of law except as may 
be provided expressly in limitation of this subsection, payments to 
volunteers under this Act 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. 
Compensation 
conversion require-
ment. 
5 u s e 101 &t 
seq. 
Exceptions. 
75 Stat. 612. 
Government as-
sistance, eligibil-
ity. 
XATIOXAL VOLUNTARY SERVICE ADVISORY COUNCIL 
SEC. 405. (a) 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 the date of the 
enactment of this Act, by and serving at the pleasure of the President. 
Such members shall be representative of public and private organiza-
tions, groups, and individuals interested in serving and benefited by 
programs carried out under this Act and the Peace Corps Act (22 
U.S.C. 2501 et seq.). The President shall designate a temporary chair-
person from such members and shall call the initial meeting of the 
Council within thirty days after appointment of such Council. Mem-
bers 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 meet-
ings of such Council shall receive compensation and travel expenses as 
provided in section 402(2) of this Act with respect to experts and 
consultants. The Director and Deputy Director of the ACTION 
Agency shall be ex officio members of the Council. 
(b) The Council shall— 
(1) advise the Director with respect to policy matters arising 
in the administration of this Act and the Peace Corps Act (22 
U.S.C. 2501 et seq.); and 
(2) upon the request of the Director, review the effectiveness 
and the operation of programs under this Act and the Peace 
Corps Act and make recommendations (including such proposals 
for changes in such Acts as the Council deems appropriate) con-
cerning (A) the improvement of such programs, (B) the elim-
ination of duplication of effort, and (C) the coordination of such 
programs with other Federal programs designed to assist the 
beneficiaries of such Acts. 
(c) Not later than January 1 of each calendar year beginning with ^
^
^
^
^ ^
^
^ 
the calendar year 1975, the Council shall make an annual report of To^'congre 
its findings and recommendations to the President for transmittal 
by the President to the Congress together with his comments and 
recommendations. 
Establishment. 
Pay and travel 
expenses. 
Functions. 
Report to Presi-
dent for transmittal 
410 
PUBLIC LAW 93-113-OCT. 1, 1973 
[87 STAT. 
49 Stat. 1011; 
78 Stat. 238. 
5 u s e app. 
LABOR STANDARDS 
SEC. 406. All laborers 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 Act shall be paid wages at rates not less 
than those prevailing on similar construction in the locality as deter-
mined by the Secretary of Labor in accordance with the Davis-Bacon 
Act, as amended (40 U.S.C. 276a—276a-5). 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 (15 
F.R. 3176; 64 Stat. 1267) and in section 2 of the Act of June 1, 1934, 
as amended (48 Stat. 948, ch. 492, as amended; 40 U.S.C. 276c). 
Report to Presi-
dent for transmit-
tal to Congress. 
Grant or con-
tract requirement, 
waiver. 
REPORTS 
SEC. 407. 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. 
J O I N T FUNDING 
"'"'' 
'•'"•""' 
- • : • • - • - - • 
-".. 
SEC. 408. Pursuant to regulations prescribed by the President, and 
to the extent consistent with the other provisions of this Act, where 
funds are provided for a single project by more than one Federal 
agency to an agency or organization assisted under this Act, the Fed-
eral 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 
Act, which requirement is inconsistent with the similar requirements 
under or pursuant to this Act. 
PROHIBITION OF FEDERAL CONTROL 
SEC. 409. Nothing contained in this Act shall be consti-ued to author-
ize any department, agency, officer, or employee of the L^nited States 
to exercise any direction, supervision, or control over the curriculum, 
program of instruction, administration, or personnel of any education 
institution or school system. 
COORDINATION W I T H OTHER PROGRAMS 
SEC. 410. The Director shall take necessary steps to coordinate vol-
unteer programs authorized under this Act 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 responsible for programs 
related to the purposes of this Act with a view to encouraging greater 
use of volunteer services in those programs and establishing in con-
nection with them systematic procedures for the recruitment, referral, 
or necessary preservice orientation or training of volunteers serving 
pursuant to this Act. 
87 STAT. ] 
PUBLIC LAW 93-113-OGT. 1,1973 
411 
I'ROHIBITIOX 
SEC. 411. In oider to assure that existing Federal agencies are used 
to the fullest extent possible in carrying out the purposes of this Act. 
no funds appropriated to carry out this Act shall be used to establisli 
any new department or office when the intended function is being per-
formed by an existing department or office. 
NOTICE AND HEARIXG PROCEDURES FOR SUSPENSION 
AND 
TERMINATION OF FINANCIAL ASSISTANCE 
SEC. 412. The Director is authorized, in accordance with the pro-
visions of this section, to suspend further payments or to terminate 
payments under any contract or grant providing assistance under this 
Act, 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 Act shall not be suspended for failure 
to comply with applicable terms and conditions, except in emer-
gency situations for thirty days, nor shall an application for 
refunding under this Act 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 Act shall not be terminated for failure 
to comply with applicable terms and conditions unless the recipi-
ent has been afforded reasonable notice and opportunity for a full 
and fair hearing. 
DURATION OF PROGRAM 
'''"'' 
' 
1,; ,, 
SEC. 418. The Director shall carry out the programs provided for in 
this Act during the fiscal year ending June 30,1974, and the three suc-
ceeding fiscal years. For each such fiscal year, only such sums may be 
appropriated as the Congress may authorize by law. 
DISTRIBUTION OF BENEFITS BETWEEN RURAL AND URBAN AREAS 
SEC. 414. The Director shall adopt appropriate administrative meas-
ures to assure that the benefits of and services under this Act will be 
distributed equitably between residents of rural and urban areas. 
APPLICATION OF FEDERAL LAW 
SEC. 415. (a) Except as provided in subsections (b), (c), (d),and (e) 
of this section, volunteers under this Act 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) Individuals enrolled in programs under title I of this Act for 
'*"'®' P- ^^^• 
periods of service of at least one year shall, with respect to such service 
or training, (1) for the purposes of subchapter I I I of chapter 73 of 
title 5, United States Code, be deemed persons employed in the execu- 
5°u|c*7 ^^^' 
five branch of the Federal Government, (2) for the purposes of the 
Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.) and title I I of 
^^^ ^'^'- ^• 
the Social Security Act (42 LLS.C. 401 et seq.), 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, United States Code, be deemed go^stfraoe*^' 
employees of the United States, and (4) for the purposes of 
28 use 2671. 
subchapter I of chapter 81 of title 5, United States Code (relative 
^ use sioi. 
412 
PUBLIC LAW 93-113-OCT. 1, 1973 
[87 STAT. 
80 Stat. 532. 
5 u s e 5332 
note. 
80 Stat. 540. 
Subsequent gov-
ernment employ-
ment. 
Ante, 
p. 396. 
74 Stat. 844. 
60 Stat. 999. 
22 u s e 801 
note. 
81 Stat. 722. 
22 u s e 2504 
note. 
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, United States 
Code, 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 subsections 
(a) and (b) of section 8113 of title 5, United States Code, 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) 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 title I of this 
Act, 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 title I of this Act, shall be credited in connection with subsequent 
employment in the same manner as a like period of civilian employ-
ment by the United States Government— 
(1) for the purposes of section 852(a) (1) of the Foreign Serv-
ice Act of 1946, as amended (22 U.S.C. 1092(a) (1)), and every 
other Act establishing a retirement system for civilian employees 
of any United States Government agency; and 
(2J 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 serv-
ice of civilian employees of the United States Government: Pro-
vided^ 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) Volunteers serving in programs for periods of service of at 
least one year under part A of title I of this Act, and volunteers 
serving for such periods under title VIII of the Economic Oppor-
tunity Act of 1964, as amended (42 U.S.C. 2991-2994d), 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) 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 title I of this 
Act. 
EVALUATION 
Standards, pub-
lication. 
SEC. 416. (a) The Director shall periodically 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 mechanisms for 
delivery of services. Evaluations shall be conducted by persons not 
immediately involved in the administration of the program or project 
evaluated. 
(b) The Director shall develop and publish general standards for 
evaluation of program and project effectiveness in achieving the objec-
87 STAT. ] 
PUBLIC LAW 93-113-OCT. 1, 1973 
413 
tives of this Act. Reports submitted pursuant to section 407 shall 
describe the actions taken as a result of evaluations carried out under 
this section. 
(c) In carrying out evaluations under this title, the Director shall, 
whenever possible, arrange to obtain the opinions of program and 
project participants about the strengths and weaknesses of such pro-
grams and projects. 
(d) The Director shall publish summaries of the results of evalua- su1tT''"u'bru:a°uon' 
tions of program and project impact and effectiveness no later than 
sixty days after the completion thereof. 
(e) The Director shall take the necessary action to assure that all 
studies, evaluations, proposals, and data produced or developed with 
Federal funds shall become the property of the United States. 
(f) The Director is authorized to use such sums as are required, 
but not to exceed 1 per centum of the funds appropriated under this 
Act, to conduct program and project evaluations (directly, or by 
grants or contracts) as required by this Act. In the case of allotments 
from such an appropriation, the amount available for such allotments 
(and the amount deemed appropriate therefor) shall be reduced 
accordingly. 
NONDISCRIMINATION 
SEC. 417. (a) The Director shall not provide financial assistance 
for any program under this Act unless the grant, contract, or agree-
ment with respect to such program specifically provides that no person 
with responsibilities in the operation of such program will discriminate 
with respect to any such program because of race, creed, belief, color, 
national origin, sex, age, or political affiliation. 
(b) No person in the United States shall on the ground of sex be 
excluded from participation in, be denied the benefits of, be subjected 
to discrimination under, or be denied employment in connection with, 
any program or activity receiving assistance under this Act. The 
Director shall enforce the provisions of the preceding sentence in 
accordance with section 602 of the Civil Rights Act of 1964 (42 U.S.C. 
2000d-l). Section 603 of such Act shall apply with respect to any 
78 stat. 252,253. 
action taken by the Director to enforce such sentence. This section shall 
'*^ ^^^ ^ 
not be construed as affecting any other legal remedy that a person may 
have if that person is excluded from participation in, denied the 
benefits of, subjected to discrimination under, or denied employment 
in connection with any program or activity receiving assistance under 
this Act. 
ELIGIBILITY FOR OTHER BENEFITS 
SEC. 418. Notwithstanding any other provision of law, no payment 
for supportive services or reimbursement of out-of-pocket expenses 
made to persons serving pursuant to titles II and I I I of this Act shall ^^"^^' ^^' '*'^^' 
be subject to any tax or charge or be treated as wages or compensation 
for the purposes of unemployment, temporary disability, retirement, 
public assistance, or similar benefit payments, or minimum wage law^s. 
This section shall become effective with respect to all payments made 
after the effective date of this Act. 
LEGAL EXPENSES 
SEC. 419. Notwithstanding any other provision of law and pursuant 
to regulations which the Director shall prescribe, counsel may be 
employed and counsel fees, court costs, bail, and other expenses inci-
dental to the defense of volunteers may be paid in judicial or adminis-
Effective date. 
414 
PUBLIC LAW 93-113-OCT. 1, 1973 
[87 STAT. 
72 Stat. 384; 
!1 Stat. 268. 
Publication in 
Federal Register. 
Ante, p. 401. 
86 Stat. 697. 
trative proceedings to which full-time volunteers (or part-time 
volunteers when such proceeding arises directly out of the perform-
ance of activities pursuant to this Act or section 8(b) (1) of the Small 
Business Act, as amended (15 U.S.C. 637(b) (1)) serving under this 
Act have been made parties. 
GUIDELINES 
SEC. 420. All rules, regulations, guidelines, instructions, and appli-
cation forms published or promulgated pursuant to this Act shall be 
l)ublished in the Federal Register at least thirty days prior to their 
effective date, 
DEFINITIONS 
SEC. 421, For the purposes of this Act— 
(1) the term "Director" means the Director of the ACTION 
agency; 
(2) the terms "United States" and "States" mean the several 
States, the District of Columbia, the Virgin Islands, Puerto Rico. 
Guam, and American Samoa and, for the purposes of title II of 
this Act, the Trust Territory of the Pacific Islands; 
(3) the term "nonprofit" as applied to any agency, institution, 
or organization means an agency, institution, or organization 
which is, or is owned and operated by, one or more corporations 
or associations no part of the net earnings of which inures, or may 
lawfully inure, to the benefit of any private shareholder or indi-
vidual; and 
(4) the term "poor" or "low-income" persons, individuals, or 
volunteei-s means such individuals whose incomes fall at or below 
the poverty line as set forth in section 625 of the Economic Oppor-
tunity Act of 1964, as amended by Public Law 92-424 (42 U.S.C. 
297ld) : Provided, That in determining who is "poor" or "low-
income", the Director shall take into consideration existing pov-
erty guidelines as appropriate to local situations. 
Recordkeeping. 
AUDIT 
SEC. 422. (a) Each recipient of Federal grants, subgrants, contracts, 
subcontracts, or loans entered into under this Act other than by 
formal advertising, and which are otherwise authorized by this Act, 
shall keep such records as the Director shall prescribe, including 
records which fully disclose the amount and disposition by such recip-
ient of the proceeds of such assistance, the total cost of the project or 
undertaking in connection with which such assistance is given or used, 
the amount of that portion of the cost of the project or undertaking 
supplied by other sources, and such other records as will facilitate an 
effective audit. 
(b) The Director and the Comptroller General of the United States, 
or any of their duly authorized representatives, shall, until the expira-
tion of three years after completion of the project or undertaking 
referred to in subsection (a) of this section, have access for the purpose 
of audit and examination to any books, documents, papers, and records 
of such recipients which in the opinion of the Director or the Comp-
troller General may be related or pertinent to the grants, contracts, 
subcontracts, subgrants, or loans referred to in subsection (a). 
87 STAT. ] 
PUBLIC LAW 93-113-OCT. 1, 1973 
415 
TITLE V—AUTHORIZATION OF APPROPRIATIONS 
XATIONAL VOLUNTEER AXTIPOVERTY PROGRAMS 
SEC. 501. (a) There are authorized to be appropriated $37,600,000 
for the fiscal year ending June 30, 1974, and such sums as may be 
necessary each for the fiscal years ending June 30, 1975, and June 30, 
1976, for the purpose of carrying out title I of this Act. In each such 
^"'*' P- 3^^-
year, of the sums appropriated pursuant to this title not less than 
$29,600,000 shall be expended on programs designed to eliminate 
poverty and poverty-related human, social, and environmental prob-
lems. Of this amount not less than $22,300,000 shall be expended on 
programs authorized under part A of title I in each such fiscal year. 
(b) Any sums authorized to be appropriated for title I of this Act 
in excess of $37,600,000 shall be reflected in a commensurate increase 
in the sums to be made available for part A of such title. 
NATIONAL O L D E R AMERICANS VOLUNTEER 
PROGRAMS 
SEC. 502. (a) There are authorized to be appropriated $17,500,000 
for the fiscal year ending June 30, 1974, and $20,000,000 each for the 
fiscal year ending June 30,1975, and for the fiscal year ending June 30, 
1976, respectively, to be used for the purpose of carrying out programs 
under part A of title I I of this Act. 
^"'«' P- ^oi. 
(b)(1) There are authorized to be appropriated $32,500,000 for 
the fiscal year ending June 30,1974, and $40,000,000 each for the fiscal 
years ending June 30, 1975, and June 30, 1976, respectively, for the 
purpose of carrying out programs under part B of such title of which 
(A) $26,500,000 for the fiscal year ending June 30, 1974, and 
$32,000,000 each for the fiscal years ending June 30,1975, and June 30, 
1976, respectively, shall be available for such years for grants or con-
tracts under subsection (a) of section 211, and (B) $6,000,000 for the 
Ante. p. 402. 
fiscal year ending June 30,1974, and $8,000,000 each for the fiscal years 
ending June 30, 1975, and June 30, 1976, respectively, shall be avail-
able for such year's for grants or contracts under subsection (b) of 
such section. 
(2) If the sums authorized to be appropriated under paragraph (1) 
of this subsection are not appropriated and made available in full 
for each such fiscal year, then such sums as are appropriated and made 
available for each such fiscal year shall be allocated so that— 
- ' 
(A) any amounts appropriated not in excess of a sum which 
when added to carryover balances otherwise available for obliga-
tion under subsection (a) of section 211 equal $25,000,000 shall 
be used for grants or contracts under such subsection; and 
(B) any amounts appropriated in excess of a sum which when 
added to carryover balances otherwise available for obligation 
under subsection (a) of section 211 equals $31,000,000 for the fiscal 
year ending June 30,1974, and $33,000,000 each for the fiscal years 
ending June 30, 1975, and June 30, 1976, respectively, shall be 
used for grants or contracts for such fiscal years under such 
subsection. 
NATIONAL VOLUNTEER PROGRAMS TO ASSIST SMALL BUSINESSES AND PRO-
MOTE VOLUNTEER SERVICE BY PERSONS W I T H BUSINESS EXPERIENCE 
SEC. 503. There are authorized to be appropriated $208,000 for the 
fiscal year ending June 30, 1974, and such sums as may be necessary 
each for the fiscal years ending June 30, 1975, and June 30, 1976, 
respectively, for the purpose of carrying out programs under title I I I 
of t h i s A c t . 
Ante, p. 404. 
416 
PUBLIC LAW 93-113-OCT. 1, 1973 
[87 STAT. 
ADMINISTRATION AND COORDINATION 
SEC. 504. There are authorized to be appropriated each for the fiscal 
years ending June 30, 1974, June 30, 1975, and June 30, 1976, respec-
tively, such sums as may be necessary for the administration of this 
Ar.te.p.405. 
j ^ ^ ^ ^g authoHzed in title IV of such Act. 
AVAILABILITY OF APPROPRIATIONS 
SEC. 505. Notwithstanding any other provision of law, unless 
enacted in express and specific limitation of the provisions of this 
section, funds appropriated for any fiscal year to carry out any pro-
gram under this Act or any predecessor authority shall remain avail-
able, in accordance with the provisions of this Act, for obligation and 
expenditure until expended. 
TITLE VI—AMENDMENTS TO OTHER LAWS AND 
REPEALERS 
SUPERSEDENCE OF REORGANIZATION PLAN NUMBER 1 OF J U L Y 1, 1 9 7 1 
SEC. 601. (a) Sections 1, 2(a), 3, and 4 of Reorganization Plan 
85 Stat. 819. 
Number 1 of 1971 (July 1,1971) are hereby superseded. 
Trana^fer^of func- 
(^) The pcrsouuel, f)roperty, records, and unexpended balances of 
tions. 
appi'opriations, 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 
ACl*ION Agency established by section 401. All grants, contracts, 
and other agreements awarded or entered into under the authority of 
such reorganization plan will be recognized under comparable pro-
visions of this Act so that there is no disruption of ongoing activities 
for which there is continuing authority. 
(c) All official actions taken by the Director of the ACTION 
Agency, his designee, or any other person under the authoritv of such 
reorganization plan which are in force on the effective date of this Act 
and for which there is continuing authority under the provisions of 
this Act, and the length of the period of service of volunteers serving 
or undergoing training under title VIII of the Economic Opportunity 
81 Stat. 722. 
^ct of 1964, as amended (42 U.S.C. 2991-2994d) on the effective date 
of this Act, shall continue in full force and effect until modified, super-
seded, or revoked by the Director. 
(d) 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, be deemed to refer to the ACTION Agency established 
by section 401 and the Director thereof. 
(e) No suit, action, or other proceeding, and no cause of action, 
by or against the agency known as ACTION created by such reorga-
nization plan, or any action by any officer thereof acting in his official 
capacity, shall abate by reason of enactment of this Act. 
(f) 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 addi-
tional appointment by the President or further such advice and con-
sent by the Senate. 
87 STAT.] 
PUBLIC LAW 93-114-OCT. 1, 1973 
417 
CREDITABLE SERVICE FOR CIVIL SERVICE RETIREMENT 
SEC. 602. Section 8332(b) (7) of title 5, United States Code (relat-
ing to creditable service to civil service retirement), is amended by 
inserting a comma and "or a period of service of a full-time volmiteer 
enrolled in a program of at least one year's duration under part A, B, 
or C of title I of the Domestic Volunteer Service Act of 1973 
(— TLS.C. —)"' after ''p:conomic Opportunity Act of 1961:-'. 
83 Stat. 831. 
Ante, p. 396. 
REPEAL OF TITLE VIII OF T H E ECONOMIC OPPORTUNITY ACT 
SEC. 603. Title VIII of the Economic Opportunity Act of 1964, as 
Repeal, 
amended (42 U.S.C. 2991-2994d), is hereby repealed. 
si stat. 722. 
R E P E A L 
O F 
T I T L E VI OF T H E OLDER AMERICANS 
ACT 
Repeal. 
83 Stat. I l l ; 
SEC. 604. (a) Title VI of the Older Americans Act of 1965, as 
amended (42 U.S.C. 3044-3044e), is hereby repealed. 
(b) Section 908 of the Older Americans Comprehensive Services '*'"®' ^' ^^' 
Amendments Act of 1973 (Public Law 93-29) is amended by striking 
^"'«' P- 64 
out "1973," and "1974,'' and inserting in lieu thereof "1974," and 
"J 975,", respectively. 
Approved October 1, 1973. 
October 1, 1973 
[S. 776] 
Public Law 93-114 
AN ACT 
To authorize the striking of medals in commemoration of the one hundredth 
anniversary of the cable car in San Francisco. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That, in commemo- 
^^" Francisco 
ration of the one hundredth anniversary of the invention of the cable 
looth anniver-
car, the Secretary of the Treasury shall strike and deliver to the ^
^
"
"
y -"edais. 
San Francisco Cable Car Centennial Committee not more than one 
hundred and fifty thousand medals with suitable emblems, devices, 
and inscriptions to be determined by the Secretary of the Treasury 
after consultation with the committee. The medals, which may be dis-
posed of by the committee at a premium, shall be delivered at such 
times as may be required by the committee in quantities of not less 
than two thousand, but no medals shall be struck after December 31, 
1974. The medals shall be considered to be national medals within the 
meaning of section 3551 of the Revised Statutes (31 U.S.C. 368) except 
that for the purposes of this Act some or all of such medals may be 
struck by the superintendent of the coining department of the assay 
office at San Francisco, under such regulations as the superintendent, 
with the approval of the Director of the Mint, may prescribe. Medals 
struck at the assay office may bear the legend "Struck at the San Fran-
cisco Mint". 
SEC. 2. The Secretary of the Treasury shall cause such medals to 
cost, 
be struck and delivered at not less than the estimated cost of manu-
facture, including labor, materials, dies, use of machinery, and over-
head expenses, and security satisfactory to the Director of the Mint 
shall be furnished to indemnify the United States for the full payment 
of such costs. 
SEC. 3. The medals authorized to be struck and delivered under 
^^^** 
this Act shall be of such size or sizes and of such various metals as 
shall be determined by the Secretary of the Treasury in consultation 
with the committee. 
Approved October 1, 1973. 
22-150 0 - 7 5 - 2 9