PUBLIC LAW 95-478—OCT. 18, 1978
92 STAT. 1557
(2) in subsection (c), by striking out "sixty" and inserting in lieu thereof "fortj-five"; and (3) by inserting at the end thereof the following new subsection: "(d) Notwithstanding any other provision of law, volunteer service under this part shall not be deemed employment for any purpose which the Director finds is not fully consistent with the provisions and in furtherance of the purpose of this part.". (b) Section 211 of the Domestic Volunteer Service Act of 1973 is 42 USC 5011. amended by adding at the end thereof the following new subsections: " (e) The Director, in accordance with regulations he shall prescribe, Domestic may provide to persons serving as volunteers under this part, such Volunteer allowances, stipends, and other support as he determines are necessary Service, to carry out the purpose of this part. Any stipend or allowance pro- allowances and vided under this subsection shall not be less than $2 per hour, except stipends. that (1) no increase in the stipend or allowance shall be made pursuant to this sentence unless the funds appropriated for carrying out this part are sufficient to maintain for the fiscal year in question a number of participants to serve under this part at least equal to the number of such participants serving during the preceding fiscal year, and (2) in the event that sufficient appropriations for any fiscal year are not available to increase any such stipend or allowance provided to $2 per hour, the Director shall increase the stipend or allowance to such amount as appropriations for such year permit consistent with clause (1) of this exception. "(f) For the purposes of this part, the terms 'low-income person' "Low-income and 'person of low income' mean (1) any person whose income is not person" and more than 125 percent of the poverty line set forth in section 625 "person of low of the Economic Opportunity Act of 1964, as amended (42 U.S.C. income." 297ld); and (2) any person considered a poor or low-income person under section 421(4) of this Act, with special consideration for participation in projects under this part provided to persons described in clause (2).". (c) Section 212(a) of the Domestic Volunteer Service Act of 1973 42 USC 5012. is amended by striking out paragraphs (2) and (3) and inserting in lieu thereof the following new paragraph: "(2)(A) The Director shall award a grant or contract under this Grants and part for a project to be carried out over an area in a State more com- contracts. prehensive than one community, to the State agency established or designated pursuant to section 305(a)(1) of the Older Americans Act of 1965, as amended (42 U.S.C. 3025(a)(1)), unless (i) the State has not established or designated such an agency; or (ii) such agency has been afforded at least 45 days to (I) review the project application made b}^ a prospective grantee or contractor other than such agency for a project to be carried out in such State; and (II) make recommendations thereon. In the event that such an established or designated State agency is not awarded the grant or contract, any application approved for a project in such State shall contain or be supported by satisfactory assurances that the project has been developed, and will, to the extent feasible, be conducted, in consultation with, or with the participation of, such agency. "(B) The Director shall award a grant or contract under this part for a project to be carried out entirely in a community served by a community action agency, to such agency unless such agency and the State agency established or designated pursuant to section 305(a)(1) of the Older Americans Act of 1965, as amended (42 U.S.C. 3025 (a)(1)) have been afforded at least 45 days to (i) review the proj-
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