United States Code

mulgating any standard or regulation under sections 4905, 4916, or 4917 of this title or any labeling regulation under section 4907 of this title may be filed only in the United States Court of Appeals for the District of Columbia Circuit, and a petition for review of action of the Administrator of the Federal Aviation Administration in promulgating any standard or regulation under section 1431 of Title 49 may be filed only in such court. Any such petition shall be filed within ninety days from the date of such promulgation, or after date if such petition is based solely on grounds arising after such ninetieth day. Action of either Administrator with respect to which review could have been obtained under this subsection shall not be subject to judicial review in civil or criminal proceedings for enforcement.

(b) Additional evidence.

If a party seeking review under this chapter applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that the information is material and was not available at the time of the proceeding before the Administrator of such Agency or Administration (as the case may be), the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before such Administrator, and to be adduced upon the hearing, in such manner and upon such terms and conditions as the court may deem proper. Such Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file with the court such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original order, with the return of such additional evidence.

With respect to relief pending review of an action by either Administrator, no stay of an ager.cy action may be granted unless the reviewing court determines that the party seeking such stay is (1) likely to prevail on the merits in the review proceeding and (2) will suffer irreparable harm pending such proceeding.

(d) Subpenas.

For the purpose of obtaining information to carry out this chapter, the Administrator of the Environmental Protection Agency may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and he may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In cases of contumacy or refusal to obey a subpena served upon any person under this subsection, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Administrator, to appear and produce papers, books, and documents before the Administrator, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (Pub. L. 92-574, § 16, Oct. 27, 1972, 86 Stat. 1247.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 4916, 4917 of this title.

§ 4916. Railroad noise emission standards.

(a) Regulations; standards; consultation with Secretary of Transportation.

(1) Within nine months after October 27, 1972, the Administrator shall publish proposed noise emission regulations for surface carriers engaged in interstate commerce by railroad. Such proposed regulations shall include noise emission standards setting such limits on noise emissions resulting from operation of the equipment and facilities of surface carriers engaged in interstate commerce by railroad which reflect the degree of noise reduction achievable through the application of the best available technology, taking into account the cost of compliance. These regulations shall be in addition to any regulations that may be proposed under section 4905 of this title.

(2) Within ninety days after the publication of such regulations as may be proposed under paragraph (1) of this subsection, and subject to the provisions of section 4915 of this title, the Administrator shall promulgate final regulations. Such regulations may be revised, from time to time, in accordance with this subsection.

(3) Any standard or regulation, or revision thereof, proposed under this subsection shall be promulgated only after consultation with the Secretary of Transportation in order to assure appropriate consideration for safety and technological availability.

(4) Any regulation or revision thereof promulgated under this subsection shall take effect after such period as the Administrator finds necessary, after consultation with the Secretary of Transportation, to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period.

(b) Regulations to insure compliance with noise emission standards.

The Secretary of Transportation, after consultation with the Administrator, shall promulgate regulations to insure compliance with all standards promulgated by the Administrator under this section. The Secretary of Transportation shall carry out such regulations through the use of his powers and duties of enforcement and inspection authorized by the Safety Appliance Acts, the Interstate Commerce Act, and the Department of Transportation Act. Regulations promulgated under this section shall be subject to the provisions of sections 4909, 4910, 4911, and 4915 of this title.

(1) Subject to paragraph (2) but notwithstanding any other provision of this chapter, after the effective date of a regulation under this section applicable to noise emissions resulting from the operation of any equipment or facility of a surface carrier engaged in interstate commerce by railroad, no State or political subdivision thereof may adopt or enforce any standard applicable to noise emissions resulting from the operation of the same equipment or facility of such carrier unless such standard is identical to a standard applicable to noise emissions resulting

from such operation prescribed by any regulation under this section.

(2) Nothing in this section shall diminish or enhance the rights of any State or political subdivision thereof to establish and enforce standards or controls on levels of environmental noise, or to control, license, regulate, or restrict the use, operation, or movement of any product if the Administrator, after consultation with the Secretary of Transportation, determines that such standard, control, license, regulation, or restriction is necessitated by special local conditions and is not in conflict with regulations promulgated under this section.

(d) Definitions.

The terms "carrier" and "railroad" as used in this section shall have the same meaning as such terms have under section 22 of Title 45. (Pub. L. 92-574, § 17, Oct. 27, 1972, 86 Stat. 1248.)

REFERENCES IN TEXT

The Safety Appliance Acts, the Interstate Commerce Act, and the Department of Transportation Act, referred to in subsec. (b), are classified, respectively, to section 1 et seq. of Title 45 and sections 1 et seq. and 1651 et seq. of Title 49, Transportation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4903, 4905, 4909, 4911, 4915 of this title.

§ 4917. Motor carrier noise emission standards. (a) Regulations; standards; consultation with Secre tary of Transportation.

(1) Within nine months after October 27, 1972, the Administrator shall publish proposed noise emission regulations for motor carriers engaged in interstate commerce. Such proposed regulations shall include noise emission standards setting such limits on noise emissions resulting from operation of motor carriers engaged in interstate commerce which reflect the degree of noise reduction achievable through the application of the best available technology, taking into account the cost of compliance. These regulations shall be in addition to any regulations that may be proposed under section 4905 of this title.

(2) Within ninety days after the publication of such regulations as may be proposed under paragraph (1) of this subsection, and subject to the provisions of section 4915 of this title, the Administrator shall promulgate final regulations. Such regulations may be revised from time to time, in accordance with this subsection.

sideration to the cost of compliance within such period.

(b) Regulations to insure compliance with noise emission standards.

The Secretary of Transportation, after consultation with the Administrator shall promulgate regulations to insure compliance with all standards promulgated by the Administrator under this section. The Secretary of Transportation shall carry out such regulations through the use of his powers and duties of enforcement and inspection authorized by the Interstate Commerce Act and the Department of Transportation Act. Regulations promulgated under this section shall be subject to the provisions of sections 4909, 4910, 4911, and 4915 of this title. (c) State and local standards and controls.

(1) Subject to paragraph (2) of this subsection but notwithstanding any other provision of this chapter, after the effective date of a regulation under this section applicable to noise emissions resulting from the operation of any motor carrier engaged in interstate commerce, no State or political sudivision thereof may adopt or enforce any standard applicable to the same operation of such motor carrier, unless such standard is identical to a standard applicable to noise emissions resulting from such operation prescribed by any regulation under this section.

(d) Definitions.

For purposes of this section, the term "motor carrier" includes a common carrier by motor vehicle, a contract carrier by motor vehicle, and a private carrier of property by motor vehicle as those terms are defined by paragraphs (14), (15), and (17) of section 303 (a) of Title 49. (Pub. L. 92-574, § 18, Oct. 27, 1972, 86 Stat. 1249.)

REFERENCES IN TEXT

The Interstate Commerce Act and the Department of Transportation Act, referred to in subsec. (b), are classified, respectively, to sections 1 et seq. and 1651 et seq. of Title 49, Transportation.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 4903, 4905, 4909, 4911, 4915 of this title.

§ 4918. Authorization of appropriations.

There is authorized to be appropriated to carry out this chapter (other than section 4914 of this title) $3,000,000 for the fiscal year ending June 30, 1973; $6,000,000 for the fiscal year ending June 30, 1974; the $12,000,000 for the fiscal year ending June 30, 1975. (Pub. L. 92-574, § 19, Oct. 27, 1972, 86 Stat. 1250.)

4951. Congresssional statement of purpose. 4952. Authority to operate Vista program. 4953. Assignment of volunteers.

(a) Programs or projects for Indians, migratory and seasonal farmworkers and their families, residents of certain areas, mentally ill, developmentally disabled, and other handicapped individuals, and persons eligible for assistance under this chapter or for economic opportunity assistance.

(b) Home community services of teams of lowincome community volunteers and nationally recruited specialist volunteers; individual plans for low-income community volunteers; updating and review of individual plans.

(d) Program submittal to Governor; commencement and termination of service.

4954. Terms and periods of service.

(a) Personal commitment; scope of commitment.

(b) Minimum period of service; critical scarceskill needs exception; reenrollment; limitation.

(d) Grievance and personal view presentation procedure; notice and hearing; information.

4973. Special conditions.

(a) Academic credit.

(b) Participation of student volunteers and educational institutions.

(c) Financial assistance limitation; commitment stipulations; monitoring of compliance with commitment; compliance information to Secretary.

4974. Special service-learning programs.
(a) Financial assistance limitation for pro-
grams and projects described in section
4953 (a) and (c) of this title.

(b) Federal employee status prohibition.
(c) Living and other support or allowances.
PART C. SPECIAL VOLUNTEER PROGRAMS

4991. Congressional statement of purpose.

4992. Authority to establish and operate special volunteer programs or demonstration programs.

(a) Youthful offender incarceration alterna-
tives; veterans educational opportuni-
ties; drug abusers counseling; periods of
service; identification of segments of pov-
erty community which could benefit
from volunteer and other antipoverty
efforts.

(b) Assignment of volunteers; terms and con-
ditions.
(c) Allowances
amount.

and stipends; extent and

PART B.-FOSTER GRANDPARENT PROGRAM AND OLDER AMERICAN COMMUNITY SERVICE PROGRAMS

5011. Grants and contracts for volunteer service projects. (a) Foster Grandparent projects; amount. (b) Services as senior health aides and senior companions.

5012. Conditions of grants and contracts; "community action agency" defined.

PART C. GENERAL PROVISIONS 5021. Coordination with other Federal programs. 5022. Payments; adjustments; advances or reimbursement; installments; conditions. 5023. Minority group participation.

SUBCHAPTER III.-NATIONAL VOLUNTEER PROGRAMS ΤΟ ASSIST SMALL BUSINESSES AND PROMOTE VOLUNTEER SERVICE BY PERSONS WITH BUSI

NESS EXPERIENCE

5031. Congressional statement of purpose. 5032. Authority to establish, coordinate, and operate programs. (a) Volunteer program inclusion of Service Corps of Retired Executives (SCORE) and Active Corps of Executives (ACE); direction of Administrator of financial or management counseling assistance from Small Business Administration.

(b) Assignment of volunteers; terms and conditions.

(c) Federal employee status for purpose of Federal tort claims; expenses, reimbursement; travel expenses; Small Business Administration loan applicants service prohibition.

(d) Cooperation of Small Business Administration and ACTION Agency in making office facilities and supplies available.

(e) Preferred application of subchapter provisions.

SUBCHAPTER IV.-ADMINISTRATION AND

COORDINATION

5041. ACTION Agency; establishment; officials of ACTION Agency: Director, Deputy Director, Associate Director and Deputy Associate Directors for Domestic and Anti-Poverty Operations, Associate Director for International Operations, and Assistant Directors; appointment, compensation, and functions.

5042. Authority of Director.

(1) Appointment and compensation of personnel.

(2) Employment and compensation of experts and consultants.

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

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

(5) Acceptance of gifts, devises, and bequests. (6) Acceptance of voluntary and uncompensated services.

(7) Allocation and expenditure of funds; transfer of funds to other Federal agencies.

(8) Dissemination of data and information. (9) Seal.

(10) Collection or compromise of obligations.

(b) Functions of Council.

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

5047. Report to President for transmittal to Congress. 5048. Joint funding; single non-Federal share requirement; grant or contract requirement waiver. 5049. Prohibition of Federal control of educational institution or school system.

5050. Coordination with other programs. 5051. Performance of functions by existing departments or offices rather than new departments or offices. 5052. Suspension and termination of financial assistance; procedures; notice and hearing; emergency situations; refunding applications.

5053. Duration of program; authorization of appropriations.

5054. Distribution of benefits between rural and urban

areas.

5055. Application of Federal law.

(a) General rule.

(b) Specific Federal legislation.

(d) Same; competitive service.

(e) References in other laws to service under provisions relating to Volunteers in Service to America deemed references to service under subchapter I of this chapter. 5056. Evaluation of programs and projects.

(a) General objectives; persons conducting the evaluation.

(b) General standards; publication; reports of ensuing actions.

(d) Summaries of results; publication.

(e) Federal property.

(f) Funds limitation; reduction of allotments.

5057. Nondiscrimination.

5058. Eligibility for other benefits.

5059. Legal expenses.

5060. Rules, regulations, guidelines, instructions, and application forms; publication in Federal Register. 5061. Definitions.

Sec. 5062. Audit.

(a) Recordkeeping.

(b) Access to books, documents, papers, and records; limitations.

SUBCHAPTER V.-AUTHORIZATION OF

APPROPRIATIONS

5081. National Volunteer Antipoverty Programs. 5082. National Older Americans Volunteer Programs. 5083. National Volunteer Programs to Assist Small Businesses and Promote Volunteer Service by Persons with Business Experience.

5084. Administration and coordination. 5085. Availability of appropriations.

SUBCHAPTER I.-NATIONAL VOLUNTEER

ANTIPOVERTY PROGRAMS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 5081 of this title.

PART A.-VOLUNTEERS IN SERVICE TO AMERICA

PART REFERRED TO IN OTHER SECTIONS This part is referred to in sections 4972, 4992, 5041, 5042, 5055, 5081 of this title.

§ 4951. Congressional statement of purpose.

This part provides for the Volunteers in Service to America (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 by persons afflicted with such problems. (Pub. L. 93-113, title I, § 101, Oct. 1, 1973, 87 Stat. 396.)

SHORT TITLE

Section 1 of Pub. L. 93-113 provided: "That this Act [which enacted this chapter, amended section 3067 of this title and section 8332(b) (7) of Title 5, and repealed sections 2991, 2992 to 2992b, 2993 to 2993b, 2994 to 2994d, and 3044 to 3044e of this title], may be cited as the 'Domestic Volunteer Service Act of 1973'."

§ 4952. Authority to operate Vista program.

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. (Pub. L. 93-113, title I, § 102, Oct. 1, 1973, 87 Stat. 396.)

§ 4953. Assignment of volunteers.

The Director, upon request of Federal, State, or local agencies, or private nonprofit organizations. may assign such volunteers 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 migratory 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, developmentally 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, supported, or of a character eligible for assistance under this chapter or the Economic Opportunity Act of 1964, as amended (chapter 34 of this title) in furtherance of the purpose of this subchapter.

(b) Home community services of teams of low-income community volunteers and nationally recruited specialist volunteers; individual plans for lowincome community volunteers; updating and review of individual plans.

The Director, wherever feasible and appropriate, shall assign low-income community volunteers to serve in their home communities in teams with nationally recruited specialist volunteers. 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.

Except as provided in subsection (d) of this section, the assignment of volunteers under this section shall be on such terms and conditions (including restrictions on political activities that appropriately recognize the special status of volunteers living among the persons or groups served by programs to which they have been assigned) as the Director may determine, including work assignments in their own or nearby communities.

(d) Program submittal to Governor; commencement and termination of service.

Volunteers under this part shall not be assigned to duties or work in any State unless such program has been submitted to the Governor or other chief executive officer of the State concerned, and has not been disapproved by him within forty-five days of such submission. 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. (Pub. L. 93-113, title I, § 103, Oct. 1, 1973, 87 Stat. 396.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4972, 4974 of this title.

§ 4954. Terms and periods of service.

(a) Personal commitment; scope of commitment. 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) Minimum period of service; critical scarce-skill needs exception; reenrollment; limitation. 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.

Volunteers under this part shall, upon enrollment, take the oath of office as prescribed in section 2504 (j) of Title 22, 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. (d) Grievance and personal view presentation procedure; notice and hearing; information.

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 connection with the terms and conditions of their service. The Director shall promptly provide to each volunteer in service on October 1, 1973, and to each such volunteer beginning service thereafter, information regarding such procedure and the terms and conditions of their service. (Pub. L. 93-113, title I, § 104, Oct. 1, 1973, 87 Stat. 397.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 4972, 4973 of this title.

§ 4955. Support services.

(a) Stipend; limitation; volunteer leaders; payment upon completion of term; advancement of accrued stipend; beneficiary of deceased volunteer. (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 provide 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

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