§12501. Findings and purpose
(a) Findings
The Congress finds the following:
(1) Throughout the United States, there are pressing unmet human, educational, environmental, and public safety needs.
(2) Americans desire to affirm common responsibilities and shared values, and join together in positive experiences, that transcend race, religion, gender, age, disability, region, income, and education.
(3) The rising costs of postsecondary education are putting higher education out of reach for an increasing number of citizens.
(4) Americans of all ages can improve their communities and become better citizens through service to the United States.
(5) Nonprofit organizations, local governments, States, and the Federal Government are already supporting a wide variety of national service programs that deliver needed services in a cost-effective manner.
(6) Residents of low-income communities, especially youth and young adults, can be empowered through their service, and can help provide future community leadership.
(b) Purpose
It is the purpose of this chapter to-
(1) meet the unmet human, educational, environmental, and public safety needs of the United States, without displacing existing workers;
(2) renew the ethic of civic responsibility and the spirit of community throughout the United States;
(3) expand educational opportunity by rewarding individuals who participate in national service with an increased ability to pursue higher education or job training;
(4) encourage citizens of the United States, regardless of age, income, or disability, to engage in full-time or part-time national service;
(5) reinvent government to eliminate duplication, support locally established initiatives, require measurable goals for performance, and offer flexibility in meeting those goals;
(6) expand and strengthen existing service programs with demonstrated experience in providing structured service opportunities with visible benefits to the participants and community;
(7) build on the existing organizational service infrastructure of Federal, State, and local programs and agencies to expand full-time and part-time service opportunities for all citizens; and
(8) provide tangible benefits to the communities in which national service is performed.
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References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
Amendments
1993-
Short Title of 2002 Amendment
Short Title of 1994 Amendment
Short Title of 1993 Amendment
Section 1(a) of
Short Title of 1992 Amendment
Short Title of 1991 Amendment
Short Title
Section 1(a) of
Section 110 of subtitle B (§§110–118) of title I of
Section 199 [formerly 120] of subtitle I (§§199–199O) [formerly subtitle C (§§120–136)] of title I of
Section 140 of subtitle D (§§140–150) of title I of
Section 301 of title III of
Compliance With Buy American Act
Section 501 of
Sense of Congress; Requirement Regarding Notice
Section 502 of
"(a)
"(b)
Prohibition of Contracts With Persons Falsely Labeling Products as Made in America
Section 503 of
Ex. Ord. No. 13254. Establishing the USA Freedom Corps
Ex. Ord. No. 13254, Jan. 29, 2002, 67 F.R. 4869, as amended by Ex. Ord. No. 13286, §6, Feb. 28, 2003, 68 F.R. 10620, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
(i) recruiting, mobilizing, and encouraging all Americans to engage in public service;
(ii) providing concrete opportunities to engage in public service;
(iii) providing the public with access to information about public service opportunities through Federal programs and elsewhere; and
(iv) providing recognition and awards to volunteers and other participants in public service programs.
(i) serving as a forum for Federal officials responsible for public service programs to coordinate and improve public service programs and activities administered by the executive branch;
(ii) working to encourage all Americans to engage in public service, whether through Federal programs or otherwise;
(iii) advising the President and heads of executive branch departments, agencies, and offices concerning the optimization of current Federal programs to enhance public service opportunities;
(iv) coordinating public outreach and publicity of citizen service opportunities provided by Federal programs;
(v) encouraging schools, universities, private public service organizations, and other non-Federal entities to foster and reward public service;
(vi) studying the availability of public service opportunities provided by the Federal Government and elsewhere; and
(vii) tracking progress in participation in public service programs.
(b) Membership. In addition to the Chair, the members of the Council shall be the heads of the executive branch departments, agencies, and offices listed below, or their designees, and such other officers of the executive branch as the President may from time to time designate. Every member of the Council or designee shall be a full-time or permanent part-time officer or employee of the Federal Government. Members shall not be compensated for their service on the Council in addition to the salaries they receive as employees or officers of the Federal Government.
(i) Vice President;
(ii) Attorney General;
(iii) Secretary of State;
(iv) Secretary of Health and Human Services;
(v) Secretary of Commerce;
(vi) Secretary of Education;
(vii) Secretary of Veterans Affairs;
(viii) Secretary of Homeland Security;
(ix) Chief Executive Officer of the Corporation for National and Community Service;
(x) Director of the Peace Corps;
(xi) Administrator of the United States Agency for International Development;
(xii) Director of the USA Freedom Corps Office; and
(xiii) Director of the Office of Faith-Based and Community Initiatives.
(c) Chair. The President shall be the Chair of the USA Freedom Corps Council, and in his absence, the Vice President shall serve as Chair. The Director of the USA Freedom Corps Office may, at the President's direction, preside over meetings of the Council in the President's and Vice President's absence.
(d) Honorary Co-Chair. The President may, from time to time, designate an Honorary Co-Chair or Co-Chairs, who shall serve in an advisory role to the Council and to the President on matters considered by the Council. Any Honorary Co-Chair shall be a full-time or permanent part-time employee or officer of the Federal Government.
(e) Meetings. The Council shall meet at the President's direction. The Director of the USA Freedom Corps Office shall be responsible, at the President's direction, for determining the agenda, ensuring that necessary papers are prepared, and recording Council actions and Presidential decisions.
(f) Responsibilities of Executive Branch Departments, Agencies, and Offices.
(i) Members of the Council shall remain responsible for overseeing the programs administered by their respective departments, agencies, and offices. Each such department, agency, and office will retain its authority and responsibility to administer those programs according to law;
(ii) Each executive branch department, agency, or office with responsibility for programs relating to the functions and missions of the USA Freedom Corps as described in section 2 of this order shall be responsible for identifying those public service opportunities and coordinating with the USA Freedom Corps Council to ensure that such programs are, if appropriate, publicized and encouraged by the Council; and
(iii) Upon the request of the Chair, and to the extent permitted by law, the heads of executive branch departments and agencies shall provide the Council with relevant information.
(b) Presidential Recognition to Participants in USA Freedom Corps Programs. In addition to supporting and facilitating the functions of the Council listed in section 3 of this order, the Office shall support the President in providing recognition to volunteers and other participants in programs and activities relating to the functions and missions of the USA Freedom Corps as described in section 2 of this order.
(b) This order does not alter the existing authorities or roles of executive branch departments, agencies, or offices. Nothing in this order shall supersede any requirement made by or under law.
(c) This order does not create any right or benefit, substantive or procedural, enforceable at law or equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person.
George W. Bush.
Ex. Ord. No. 13317. Volunteers for Prosperity
Ex. Ord. No. 13317, Sept. 25, 2003, 68 F.R. 56515, as amended by Ex. Ord. No. 13418, Dec. 14, 2006, 71 F.R. 75647, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to encourage volunteer service by highly skilled Americans to support major initiatives by the United States for promoting health and prosperity around the world, it is hereby ordered as follows:
The investment of Federal resources to enable U.S. volunteers to work with nongovernmental and voluntary service organizations overseas is a preferred use of our resources and also will help leverage private sector resources. United States citizens who are skilled professionals and who volunteer, when matched with organizations working on specific U.S. prosperity initiatives overseas, can provide invaluable support for these initiatives and will supplement and complement the traditions and accomplishments of the Peace Corps.
United States prosperity initiatives that can benefit from volunteer service include, but are not limited to, the Emergency Plan for AIDS Relief, the Digital Freedom Initiative, the Water for the Poor Initiative, the Trade for African Development and Enterprise Initiative, the Middle East Partnership Initiative, and the President's Malaria Initiative.
Volunteer service in support of other initiatives, consistent with U.S. foreign policy, shall be considered as well.
(b) Applicability. The following agencies are subject to the requirements of this order: the United States Agency for International Development (USAID), the Department of State, the Department of Commerce, the Department of Health and Human Services, and such other Federal agencies as the President may designate in the future.
(b) Each agency subject to this order shall provide its Office or unit with appropriate staff, administrative support, and resources to meet its responsibilities under this order.
(c) Each of these Offices or units shall begin operations no later than 30 days from the date of this order.
(d) Agencies subject to this order shall consider, in evaluating grant applications for assistance activities to be implemented abroad, the applicant's use of highly skilled U.S. volunteers to support U.S. prosperity objectives and initiatives.
George W. Bush.
Ex. Ord. No. 13331. National and Community Service Programs
Ex. Ord. No. 13331, Feb. 27, 2004, 69 F.R. 9911, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and to strengthen the ability of programs authorized under the national service laws to build and reinforce a culture of service, citizenship, and responsibility throughout our Nation, and to institute reforms to improve accountability and efficiency in the administration of those programs, it is hereby ordered as follows:
(a) "National service laws" means the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) and the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.);
(b) "National and community service programs" means those programs authorized under the national service laws;
(c) "Policies governing programs authorized under the national service laws" refers to all policies, programs, guidelines, and regulations, including official guidance and internal agency procedures and practices, that are issued by the Corporation for National and Community Service (Corporation) and have significant effects on national and community service programs; and
(d) "Professional corps programs" means those programs described in section 122(a)(8) of the National and Community Service Act of 1990 (42 U.S.C. 12572(a)(8)).
(a) National and community service programs should support and encourage greater engagement of Americans in volunteering;
(b) National and community service programs should be more responsive to State and local needs;
(c) National and community service programs should make Federal support more accountable and more effective; and
(d) National and community service programs should expand opportunities for involvement of faith-based and other community organizations.
(b) The Chief Executive Officer shall ensure that all policies governing national and community service programs issued by the Corporation are consistent with the fundamental principles and policymaking criteria described in section 2 of this order. To that end, the Chief Executive Officer shall, to the extent permitted by law,
(i) amend all such existing policies to ensure that they are consistent with the fundamental principles and policymaking criteria articulated in section 2 of this order; and
(ii) where appropriate, implement new policies that are consistent with and necessary to further the fundamental principles and policymaking criteria set forth in section 2 of this order.
(c) In developing implementation steps, the Chief Executive Officer should address, at a minimum, the following objectives:
(i) National and community service programs should leverage Federal resources to maximize support from the private sector and from State and local governments, with an emphasis on reforms that enhance programmatic flexibility, reduce administrative burdens, and calibrate Federal assistance to the respective needs of recipient organizations;
(ii) National and community service programs should leverage Federal resources to enable the recruitment and effective management of a larger number of volunteers than is currently possible;
(iii) National and community service programs should increase efforts to expand opportunities for, and strengthen the capacity of, faith-based and other community organizations in building and strengthening an infrastructure to support volunteers that meet community needs;
(iv) National and community service programs should adopt performance measures to identify those practices that merit replication and further investment, as well as to ensure accountability;
(v) National and community service programs should, consistent with the principles of Federalism and the constitutional role of the States and Indian tribes, promote innovation, flexibility, and results at all levels of government;
(vi) National and community service programs based in schools should employ tutors who meet required paraprofessional qualifications, and use such practices and methodologies as are required for supplemental educational services;
(vii) National and community service programs should foster a lifetime of citizenship and civic engagement among those who serve;
(viii) National and community service programs should avoid or eliminate practices that displace volunteers who are not supported under the national service laws; and
(ix) Guidelines for the selection of national and community service programs should recognize the importance of professional corps programs in light of the fundamental principles and policymaking criteria set forth in this order.
(b) Management reforms should include, but should not be limited to, the following:
(i) Institutionalized changes to the budgetary and grant-making processes to ensure that financial commitments remain within available resources;
(ii) Enhanced accounting and management systems that would ensure compliance with fiscal restrictions and provide timely, accurate, and readily available information about enrollment in AmeriCorps and about funding and obligations incurred for all national and community service programs;
(iii) Assurance by the Chief Executive Officer and the Chief Financial Officer in the Corporation's Management Representation Letter that its financial statements, including the Statement of Budgetary Resources, are accurate and reliable; and
(iv) Management reforms that tie employee performance to fiscal responsibility, attainment of management goals, and professional conduct.
George W. Bush.