SUBCHAPTER I—NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
Division A—General Provisions
§12511. Definitions
For purposes of this subchapter:
(1) Adult volunteer
The term "adult volunteer" means an individual, such as an older adult, an individual with a disability, a parent, or an employee of a business or public or private nonprofit organization, who—
(A) works without financial remuneration in an educational institution to assist students or out-of-school youth; and
(B) is beyond the age of compulsory school attendance in the State in which the educational institution is located.
(2) Alaska Native-serving institution
The term "Alaska Native-serving institution" has the meaning given the term in
(3) Approved national service position
The term "approved national service position" means a national service position for which the Corporation has approved the provision of a national service educational award described in
(4) Approved silver scholar position
The term "approved silver scholar position" means a position, in a program described in
(5) Approved summer of service position
The term "approved summer of service position" means a position, in a program described in
(6) Asian American and Native American Pacific Islander-serving institution
The term "Asian American and Native American Pacific Islander-serving institution" has the meaning given the term in
(7) Authorizing committees
The term "authorizing committees" means the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
(8) Carry out
The term "carry out", when used in connection with a national service program, means the planning, establishment, operation, expansion, or replication of the program.
(9) Chief Executive Officer
The term "Chief Executive Officer", except when used to refer to the chief executive officer of a State, means the Chief Executive Officer of the Corporation appointed under
(10) Community-based agency
The term "community-based agency" means a private nonprofit organization (including a church or other religious entity) that—
(A) is representative of a community or a significant segment of a community; and
(B) is engaged in meeting human, educational, environmental, or public safety community needs.
(11) Community-based entity
The term "community-based entity" means a public or private nonprofit organization that—
(A) has experience with meeting unmet human, educational, environmental, or public safety needs; and
(B) meets other such criteria as the Chief Executive Officer may establish.
(12) Corporation
The term "Corporation" means the Corporation for National and Community Service established under
(13) Disadvantaged youth
The term "disadvantaged youth" includes those youth who are economically disadvantaged and 1 or more of the following:
(A) Who are out-of-school youth, including out-of-school youth who are unemployed.
(B) Who are in or aging out of foster care.
(C) Who have limited English proficiency.
(D) Who are homeless or who have run away from home.
(E) Who are at-risk to leave secondary school without a diploma.
(F) Who are former juvenile offenders or at risk of delinquency.
(G) Who are individuals with disabilities.
(14) Economically disadvantaged
The term "economically disadvantaged" means, with respect to an individual, an individual who is determined by the Chief Executive Officer to be low-income according to the latest available data from the Department of Commerce.
(15) Elementary school
The term "elementary school" has the same meaning given such term in
(16) Encore service program
The term "encore service program" means a program, carried out by an eligible entity as described in subsection (a), (b), or (c) of
(A) involves a significant number of participants age 55 or older in the program; and
(B) takes advantage of the skills and experience that such participants offer in the design and implementation of the program.
(17) Hispanic-serving institution
The term "Hispanic-serving institution" has the meaning given such term in
(18) Historically black college or university
The term "historically black college or university" means a part B institution, as defined in
(19) Indian
The term "Indian" means a person who is a member of an Indian tribe, or is a "Native", as defined in
(20) Indian lands
The term "Indian lands" means any real property owned by an Indian tribe, any real property held in trust by the United States for an Indian or Indian tribe, and any real property held by an Indian or Indian tribe that is subject to restrictions on alienation imposed by the United States.
(21) Indian tribe
The term "Indian tribe" means—
(A) an Indian tribe, band, nation, or other organized group or community, including—
(i) any Native village, as defined in
(ii) any Regional Corporation or Village Corporation, as defined in subsection (g) or (j), respectively, of
that is recognized as eligible for the special programs and services provided by the United States under Federal law to Indians because of their status as Indians; and
(B) any tribal organization controlled, sanctioned, or chartered by an entity described in subparagraph (A).
(22) Individual with a disability
Except as provided in
(23) Institution of higher education
The term "institution of higher education" has the same meaning given such term in
(24) Local educational agency
The term "local educational agency" has the same meaning given such term in
(25) Medically underserved population
The term "medically underserved population" has the meaning given that term in
(26) National service laws
The term "national service laws" means this chapter and the Domestic Volunteer Service Act of 1973 (
(27) Native American-serving, nontribal institution
The term "Native American-serving, nontribal institution" has the meaning given the term in
(28) Native Hawaiian-serving institution
The term "Native Hawaiian-serving institution" has the meaning given the term in
(29) Out-of-school youth
The term "out-of-school youth" means an individual who—
(A) has not attained the age of 27;
(B) has not completed college or the equivalent thereof; and
(C) is not enrolled in an elementary or secondary school or institution of higher education.
(30) Participant
(A) In general
The term "participant" means—
(i) for purposes of division C, an individual in an approved national service position; and
(ii) for purposes of any other provision of this chapter, an individual enrolled in a program that receives assistance under this subchapter.
(B) Rule
A participant shall not be considered to be an employee of the organization receiving assistance under the national service laws through which the participant is engaging in service.
(31) Partnership program
The term "partnership program" means a program through which an adult volunteer, a public or private nonprofit organization, an institution of higher education, or a business assists a local educational agency.
(32) Predominantly Black Institution
The term "Predominantly Black Institution" has the meaning given the term in
(33) Principles of scientific research
The term "principles of scientific research" means principles of research that—
(A) apply rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to the subject matter involved;
(B) present findings and make claims that are appropriate to, and supported by, the methods that have been employed; and
(C) include, appropriate to the research being conducted—
(i) use of systematic, empirical methods that draw on observation or experiment;
(ii) use of data analyses that are adequate to support the general findings;
(iii) reliance on measurements or observational methods that provide reliable and generalizable findings;
(iv) strong claims of causal relationships, only with research designs that eliminate plausible competing explanations for observed results, such as, but not limited to, random-assignment experiments;
(v) presentation of studies and methods in sufficient detail and clarity to allow for replication or, at a minimum, to offer the opportunity to build systematically on the findings of the research;
(vi) acceptance by a peer-reviewed journal or critique by a panel of independent experts through a comparably rigorous, objective, and scientific review; and
(vii) consistency of findings across multiple studies or sites to support the generality of results and conclusions.
(34) Program
The term "program", unless the context otherwise requires, and except when used as part of the term "academic program", means a program described in
(35) Project
The term "project" means an activity, carried out through a program that receives assistance under this subchapter, that results in a specific identifiable service or improvement that otherwise would not be done with existing funds, and that does not duplicate the routine services or functions of the employer to whom participants are assigned.
(36) Qualified organization
The term "qualified organization" means a public or private nonprofit organization with experience working with school-age youth that meets such criteria as the Chief Executive Officer may establish.
(37) School-age youth
The term "school-age youth" means—
(A) individuals between the ages of 5 and 17, inclusive; and
(B) children with disabilities, as defined in section 602(3) of the Individuals with Disabilities Education Act (
(38) Scientifically valid research
The term "scientifically valid research" includes applied research, basic research, and field-initiated research in which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research.
(39) Secondary school
The term "secondary school" has the same meaning given such term in
(40) Service-learning
The term "service-learning" means a method—
(A) under which students or participants learn and develop through active participation in thoughtfully organized service that—
(i) is conducted in and meets the needs of a community;
(ii) is coordinated with an elementary school, secondary school, institution of higher education, or community service program, and with the community; and
(iii) helps foster civic responsibility; and
(B) that—
(i) is integrated into and enhances the academic curriculum of the students, or the educational components of the community service program in which the participants are enrolled; and
(ii) provides structured time for the students or participants to reflect on the service experience.
(41) Service-learning coordinator
The term "service-learning coordinator" means an individual who provides services as described in subsection (a)(3) or (b) of
(42) Service sponsor
The term "service sponsor" means an organization, or other entity, that has been selected to provide a placement for a participant.
(43) State
The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(44) State Commission
The term "State Commission" means a State Commission on National and Community Service maintained by a State pursuant to
(45) State educational agency
The term "State educational agency" has the same meaning given such term in
(46) Student
The term "student" means an individual who is enrolled in an elementary or secondary school or institution of higher education on a full- or part-time basis.
(47) Territory
The term "territory" means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(48) Tribally controlled college or university
The term "tribally controlled college or university" has the meaning given such term in
(49) Veteran
The term "veteran" has the meaning given the term in
(
Editorial Notes
References in Text
Act of June 18, 1934 (commonly known as the "Indian Reorganization Act";
This chapter, referred to in pars. (26) and (30)(A)(ii), was in the original "this Act", meaning
The Domestic Volunteer Service Act of 1973, referred to in par. (26), is
Section 198G, referred to in par. (34), is unidentifiable in the original, since
The Individuals with Disabilities Education Act, referred to in par. (37)(B), is title VI of
Amendments
2015—Pars. (15), (24), (39), (45).
2009—
Par. (3).
Par. (13).
Par. (17)(B).
Par. (19).
Par. (21)(B).
Par. (24).
Par. (26).
Pars. (30) to (49).
2004—Par. (21)(B).
2002—Pars. (8), (14), (22), (28).
1998—Par. (12).
Par. (13).
1994—Par. (8).
Par. (14).
Par. (22).
Par. (28).
1993—
1992—Par. (29).
Par. (30).
1991—Par. (7).
Par. (8).
Pars. (9) to (13).
Par. (14).
Pars. (15) to (22).
Par. (23).
Par. (24).
Pars. (25) to (29).
Par. (30).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective Date of 2015 Amendment
Amendment by
Effective Date of 2009 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
1 See References in Text note below.
§12512. Repealed. Pub. L. 103–82, title I, §112, Sept. 21, 1993, 107 Stat. 861
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1993, see section 123 of
§12513. Study of program effectiveness
(a) In general
Not later than 12 months after April 21, 2009, the Comptroller General of the United States shall develop performance measures for each program receiving Federal assistance under the national service laws.
(b) Contents
The performance measures developed under subsection (a) shall—
(1) to the maximum extent practicable draw on research-based, quantitative data;
(2) take into account program purpose and program design;
(3) include criteria to evaluate the cost effectiveness of programs receiving assistance under the national service laws;
(4) include criteria to evaluate the administration and management of programs receiving Federal assistance under the national service laws; and
(5) include criteria to evaluate oversight and accountability of recipients of assistance through such programs under the national service laws.
(c) Report
Not later than 2 years after the development of the performance measures under subsection (a), and every 5 years thereafter, the Comptroller General of the United States shall prepare and submit to the authorizing committees and the Corporation's Board of Directors a report containing an assessment of each such program with respect to the performance measures developed under subsection (a).
(d) Definitions
In this section:
(1) In general
The terms "authorizing committees", "Corporation", and "national service laws" have the meanings given the terms in
(2) Program
The term "program" means an entire program carried out by the Corporation under the national service laws, such as the entire AmeriCorps program carried out under subtitle C.1
(
Editorial Notes
References in Text
Subtitle C, referred to in subsec. (d)(2), probably means subtitle C (§121 et seq.) of title I of
Codification
Section was enacted as part of the Serve America Act, and not as part of the National and Community Service Act of 1990 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
1 See References in Text note below.
Division B—School-Based and Community-Based Service-Learning Programs
Editorial Notes
Prior Provisions
This division is comprised of subtitle B, §§111–120, of title I of
Part I—Programs for Elementary and Secondary School Students
Editorial Notes
Codification
Part I of subtitle B of title I of the National and Community Service Act of 1990, comprising this part, was originally added to
§12521. Purpose
The purpose of this part is to promote service-learning as a strategy to—
(1) support high-quality service-learning projects that engage students in meeting community needs with demonstrable results, while enhancing students' academic and civic learning; and
(2) support efforts to build institutional capacity, including the training of educators, and to strengthen the service infrastructure to expand service opportunities.
(
Editorial Notes
Prior Provisions
A prior section 12521,
Another prior section 12521,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
§12522. Definitions
In this part:
(1) State
The term "State" means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.
(2) State educational agency
The term "State educational agency" means—
(A) a State educational agency (as defined in
(B) for a State in which a State educational agency described in subparagraph (A) has designated a statewide entity under section 12523(e) 1 of this title, that designated statewide entity.
(
Editorial Notes
References in Text
Prior Provisions
A prior section 12522,
Another prior section 12522,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
1 See References in Text note below.
§12523. Assistance to States, territories, and Indian tribes
(a) Allotments to States, territories, and Indian tribes
The Corporation, in consultation with the Secretary of Education, may make allotments to State educational agencies, territories, and Indian tribes to pay for the Federal share of—
(1) planning and building the capacity within the State, territory, or Indian tribe involved to implement service-learning programs that are based principally in elementary schools and secondary schools, including—
(A) providing training and professional development for teachers, supervisors, personnel from community-based entities (particularly with regard to the recruitment, utilization, and management of participants), and trainers, to be conducted by qualified individuals or organizations that have experience with service-learning;
(B) developing service-learning curricula, consistent with State or local academic content standards, to be integrated into academic programs, including curricula for an age-appropriate learning component that provides participants an opportunity to analyze and apply their service experiences;
(C) forming local partnerships described in paragraph (2) or (4)(D) to develop school-based service-learning programs in accordance with this part;
(D) devising appropriate methods for research on and evaluation of the educational value of service-learning and the effect of service-learning activities on communities;
(E) establishing effective outreach and dissemination of information to ensure the broadest possible involvement of community-based entities with demonstrated effectiveness in working with school-age youth in their communities; and
(F) establishing effective outreach and dissemination of information to ensure the broadest possible participation of schools throughout the State, throughout the territory, or serving the Indian tribe involved with particular attention to schools implementing comprehensive support and improvement activities or targeted support and improvement activities under
(2) implementing, operating, or expanding school-based service-learning programs, which may include paying for the cost of the recruitment, training, supervision, placement, salaries, and benefits of service-learning coordinators, through distribution by State educational agencies, territories, and Indian tribes of Federal funds made available under this part to projects operated by local partnerships among—
(A) local educational agencies; and
(B) 1 or more community partners that—
(i) shall include a public or private nonprofit organization that—
(I) has a demonstrated expertise in the provision of services to meet unmet human, education, environmental, or public safety needs;
(II) will make projects available for participants, who shall be students; and
(III) was in existence at least 1 year before the date on which the organization submitted an application under
(ii) may include a private for-profit business, private elementary school or secondary school, or Indian tribe (except that an Indian tribe distributing funds to a project under this paragraph is not eligible to be part of the partnership operating that project);
(3) planning of school-based service-learning programs, through distribution by State educational agencies, territories, and Indian tribes of Federal funds made available under this part to local educational agencies and Indian tribes, which planning may include paying for the cost of—
(A) the salaries and benefits of service-learning coordinators; or
(B) the recruitment, training and professional development, supervision, and placement of service-learning coordinators who may be participants in a program under division C or receive a national service educational award under division D, who may be participants in a project under
who will identify the community partners described in paragraph (2)(B) and assist in the design and implementation of a program described in paragraph (2);
(4) implementing, operating, or expanding school-based service-learning programs to utilize adult volunteers in service-learning to improve the education of students, through distribution by State educational agencies, territories, and Indian tribes of Federal funds made available under this part to—
(A) local educational agencies;
(B) Indian tribes (except that an Indian tribe distributing funds under this paragraph is not eligible to be a recipient of those funds);
(C) public or private nonprofit organizations; or
(D) partnerships or combinations of local educational agencies, and entities described in subparagraph (B) or (C); and
(5) developing, as service-learning programs, civic engagement programs that promote a better understanding of—
(A) the principles of the Constitution, the heroes of United States history (including military heroes), and the meaning of the Pledge of Allegiance;
(B) how the Nation's government functions; and
(C) the importance of service in the Nation's character.
(b) Duties of service-learning coordinator
A service-learning coordinator referred to in paragraph (2) or (3) of subsection (a) shall provide services to a local partnership described in subsection (a)(2) or entity described in subsection (a)(3), respectively, that may include—
(1) providing technical assistance and information to, and facilitating the training of, teachers and assisting in the planning, development, execution, and evaluation of service-learning in their classrooms;
(2) assisting local partnerships described in subsection (a)(2) in the planning, development, and execution of service-learning projects, including summer of service programs;
(3) assisting schools and local educational agencies in developing school policies and practices that support the integration of service-learning into the curriculum; and
(4) carrying out such other duties as the local partnership or entity, respectively, may determine to be appropriate.
(c) Related expenses
An entity that receives financial assistance under this part from a State, territory, or Indian tribe may, in carrying out the activities described in subsection (a), use such assistance to pay for the Federal share of reasonable costs related to the supervision of participants, program administration, transportation, insurance, and evaluations and for other reasonable expenses related to the activities.
(d) Special rule
A State educational agency described in
(e) Consultation with Secretary of Education
The Corporation is authorized to enter into agreements with the Secretary of Education for initiatives (and may use funds authorized under
(1) identification and dissemination of research findings on service-learning and scientifically valid research based practices for service-learning; and
(2) provision of professional development opportunities that—
(A) improve the quality of service-learning instruction and delivery for teachers both preservice and in-service, personnel from community-based entities and youth workers; and
(B) create and sustain effective partnerships for service-learning programs between local educational agencies, community-based entities, businesses, and other stakeholders.
(
Editorial Notes
Prior Provisions
A prior section 12523,
Another prior section 12523,
A prior section 112 of
Another prior section 112 of
Amendments
2015—Subsec. (a)(1)(F).
2014—Subsec. (a)(3)(B).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
Effective Date of 2014 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
§12524. Allotments
(a) Indian tribes and territories
Of the amounts appropriated to carry out this part for any fiscal year, the Corporation shall reserve an amount of not less than 2 percent and not more than 3 percent for payments to Indian tribes, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be allotted in accordance with their respective needs.
(b) Allotments through States
(1) In general
After reserving an amount under subsection (a), the Corporation shall use the remainder of the funds appropriated to carry out this part for the fiscal year as follows:
(A) Allotments based on school-age youth
From 50 percent of such remainder, the Corporation shall allot to each State an amount that bears the same ratio to 50 percent of such remainder as the number of school-age youth in the State bears to the total number of school-age youth in all States.
(B) Allotments based on allocations under Elementary and Secondary Education Act of 1965
From 50 percent of such remainder, the Corporation shall allot to each State an amount that bears the same ratio to 50 percent of such remainder as the allocation to the State for the previous fiscal year under title I of the Elementary and Secondary Education Act of 1965 (
(2) Minimum amount
For any fiscal year for which amounts appropriated for this division exceed $50,000,000, the minimum allotment to each State under paragraph (1) shall be $75,000.
(c) Reallotment
If the Corporation determines that the allotment of a State, territory, or Indian tribe under this section will not be required for a fiscal year because the State, territory, or Indian tribe did not submit and receive approval of an application for the allotment under
(
Editorial Notes
References in Text
The Elementary and Secondary Education Act of 1965, referred to in subsec. (b)(1)(B), is
Prior Provisions
A prior section 12524,
Another prior section 12524,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
§12525. Applications
(a) Applications to Corporation for allotments
(1) In general
To be eligible to receive an allotment under
(2) Contents
An application for an allotment under
(A) a proposal for a 3-year plan promoting service-learning, which shall contain such information as the Chief Executive Officer may reasonably require, including how the applicant will integrate service opportunities into the academic program of the participants;
(B) information about the criteria the State educational agency, territory, or Indian tribe will use to evaluate and grant approval to applications submitted under subsection (b), including an assurance that the State educational agency, territory, or Indian tribe will comply with the requirement in
(C) assurances about the applicant's efforts to—
(i) ensure that students of different ages, races, sexes, ethnic groups, disabilities, and economic backgrounds have opportunities to serve together;
(ii) include any opportunities for students, enrolled in schools or programs of education providing elementary or secondary education, to participate in service-learning programs and ensure that such service-learning programs include opportunities for such students to serve together;
(iii) involve participants in the design and operation of the programs;
(iv) promote service-learning in areas of greatest need, including low-income or rural areas; and
(v) otherwise integrate service opportunities into the academic program of the participants; and
(D) assurances that the applicant will comply with the nonduplication and nondisplacement requirements of
(b) Application to State, territory, or Indian tribe for assistance to carry out school-based service-learning programs
(1) In general
Any—
(A) qualified organization, Indian tribe, territory, local educational agency, for-profit business, private elementary school or secondary school, or institution of higher education that desires to receive financial assistance under this subpart 1 from a State, territory, or Indian tribe for an activity described in
(B) partnership described in
(C) entity described in
(D) entity or partnership described in
(E) entity that desires to receive such assistance from a State, territory, or Indian tribe for an activity described in section 12521(a)(5) 2 of this title,
shall prepare, submit to the State educational agency for the State, territory, or Indian tribe, and obtain approval of, an application for the program.
(2) Submission
Such application shall be submitted at such time and in such manner, and shall contain such information, as the agency, territory, or Indian tribe may reasonably require.
(
Editorial Notes
References in Text
Prior Provisions
A prior section 12525,
Another prior section 12525,
A prior section 113 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
1 So in original. Probably should be "this part".
2 See References in Text note below.
§12526. Consideration of applications
(a) Criteria for local applications
In providing assistance under this part, a State educational agency, territory, or Indian tribe (or the Corporation if
(b) Priority for local applications
In providing assistance under this part, a State educational agency, territory, or Indian tribe (or the Corporation if
(c) Rejection of applications to Corporation
If the Corporation rejects an application submitted by a State, territory, or Indian tribe under
(
Editorial Notes
Prior Provisions
A prior section 12526,
Another prior section 12526,
A prior section 114 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
§12527. Participation of students and teachers from private schools
(a) In general
To the extent consistent with the number of students in the State, in the territory, or served by the Indian tribe or in the school district of the local educational agency involved who are enrolled in private nonprofit elementary schools and secondary schools, such State, territory, or Indian tribe, or agency shall (after consultation with appropriate private school representatives) make provision—
(1) for the inclusion of services and arrangements for the benefit of such students so as to allow for the equitable participation of such students in the programs implemented to carry out the objectives and provide the benefits described in this part; and
(2) for the training of the teachers of such students so as to allow for the equitable participation of such teachers in the programs implemented to carry out the objectives and provide the benefits described in this part.
(b) Waiver
If a State, territory, Indian tribe, or local educational agency is prohibited by law from providing for the participation of students or teachers from private nonprofit schools as required by subsection (a), or if the Corporation determines that a State, territory, Indian tribe, or local educational agency substantially fails or is unwilling to provide for such participation on an equitable basis, the Chief Executive Officer shall waive such requirements and shall arrange for the provision of services to such students and teachers.
(
Editorial Notes
Prior Provisions
A prior section 12527,
Another prior section 12527,
A prior section 115 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
§12528. Federal, State, and local contributions
(a) Corporation share
(1) In general
The Corporation share of the cost of carrying out a program for which a grant is made from an allotment under this part—
(A) for new grants may not exceed 80 percent of the total cost of the program for the first year of the grant period, 65 percent for the second year, and 50 percent for each remaining year; and
(B) for continuing grants, may not exceed 50 percent of the total cost of the program.
(2) Noncorporation contribution
In providing for the remaining share of the cost of carrying out such a program, each recipient of such a grant under this part—
(A) shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services;
(B) except as provided in subparagraph (C), may provide for such share through Federal, State, or local sources, including private funds or donated services; and
(C) may not provide for such share through Federal funds made available under title I of the Elementary and Secondary Education Act of 1965 (
(b) Waiver
The Chief Executive Officer may waive the requirements of subsection (a) in whole or in part with respect to any such program for any fiscal year, on a determination that such a waiver would be equitable due to a lack of resources at the local level.
(
Editorial Notes
References in Text
The Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(2)(C), is
The Individuals with Disabilities Education Act, referred to in subsec. (a)(2)(C), is title VI of
Prior Provisions
A prior section 12528,
A prior section 116 of
Another prior section 116 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
§12529. Limitations on uses of funds
Not more than 6 percent of the amount of assistance received by a State, territory, or Indian tribe that is the original recipient of an allotment under this part for a fiscal year may be used to pay, in accordance with such standards as the Corporation may issue, for administrative costs, incurred by that recipient.
(
Editorial Notes
Prior Provisions
A prior section 12529,
A prior section 117 of
Another prior section 117 of
Prior sections 12530, 12531, 12541 to 12547, and 12551, comprising former subpart B of this part relating to community-based service programs for school-age youth and former subpart C of this part relating to establishment of a service-learning clearinghouse, were omitted in the general amendment of this part by
Section 12530,
Section 12531,
Another prior section 12531,
Section 12541,
Another prior section 12541,
Section 12542,
Another prior section 12542,
Section 12543,
Another prior section 12543,
Section 12544,
Another prior section 12544,
Section 12545,
Another prior section 12545,
Section 12546,
Another prior section 12546,
Section 12547,
Another prior section 12547,
A prior section 12548,
A prior section 12549,
A prior section 12550,
Section 12551,
Another prior section 12551,
A prior section 12552,
A prior section 12553,
A prior section 12554,
A prior section 12555,
A prior section 12556,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
Part II—Higher Education Innovative Programs for Community Service
§12561. Higher education innovative programs for community service
(a) Purpose
It is the purpose of this part to expand participation in community service by supporting innovative community service programs through service-learning carried out through institutions of higher education, acting as civic institutions to meet the human, educational, environmental, or public safety needs of neighboring communities.
(b) General authority
The Corporation, in consultation with the Secretary of Education, is authorized to make grants to, and enter into contracts with, institutions of higher education (including a consortium of such institutions), and partnerships comprised of such institutions and of other public or private nonprofit organizations, to pay for the Federal share of the cost of—
(1) enabling such an institution or partnership to create or expand an organized community service program that—
(A) engenders a sense of social responsibility and commitment to the community in which the institution is located;
(B) provides projects for participants, who shall be students, faculty, administration, or staff of the institution, or residents of the community; and
(C) the institution or partnership may coordinate with service-learning curricula being offered in the academic curricula at the institution of higher education or at 1 or more members of the partnership;
(2) supporting student-initiated and student-designed community service projects through the program;
(3) strengthening the leadership and instructional capacity of institutions of higher education and their faculty, with respect to service-learning, by—
(A) including service-learning as a key component of the preservice teacher curricula of the institution to strengthen the instructional capacity of teachers to provide service-learning at the elementary and secondary levels;
(B) including service-learning as a component of other curricula or academic programs (other than education curricula or programs), such as curricula or programs relating to nursing, medicine, criminal justice, or public policy; and
(C) encouraging the faculty of the institution to use service-learning methods throughout their curriculum;
(4) facilitating the integration of community service carried out under the program into academic curricula, including integration of clinical programs into the curriculum for students in professional schools, so that students can obtain credit for their community service projects;
(5) supplementing the funds available to carry out work-study programs under part C of title IV of the Higher Education Act of 1965 (
(6) strengthening the service infrastructure within institutions of higher education in the United States through the program; and
(7) providing for the training of teachers, prospective teachers, related education personnel, and community leaders in the skills necessary to develop, supervise, and organize service-learning.
(c) Federal, State, and local contributions
(1) Federal share
(A) In general
The Federal share of the cost of carrying out a program for which assistance is provided under this part may not exceed 50 percent of the total cost of the program.
(B) Non-Federal contribution
In providing for the remaining share of the cost of carrying out such a program, each recipient of a grant or contract under this part—
(i) shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services; and
(ii) may provide for such share through State sources or local sources, including private funds or donated services.
(2) Waiver
The Chief Executive Officer may waive the requirements of paragraph (1) in whole or in part with respect to any such program for any fiscal year if the Corporation determines that such a waiver would be equitable due to a lack of available financial resources at the local level.
(d) Application for grant
(1) Submission
To receive a grant or enter into a contract under this part, an institution or partnership shall prepare and submit to the Corporation, an application at such time, in such manner, and containing such information and assurances as the Corporation may reasonably require, and obtain approval of the application. In requesting applications for assistance under this part, the Corporation shall specify such required information and assurances.
(2) Contents
An application submitted under paragraph (1) shall contain, at a minimum—
(A) assurances that—
(i) prior to the placement of a participant, the applicant will consult with the appropriate local labor organization, if any, representing employees in the area who are engaged in the same or similar work as that proposed to be carried out by such program, to prevent the displacement and protect the rights of such employees; and
(ii) the applicant will comply with the nonduplication and nondisplacement provisions of
(B) such other assurances as the Chief Executive Officer may reasonably require.
(e) Special consideration
To the extent practicable, in making grants and entering into contracts under subsection (b), the Corporation shall give special consideration to applications submitted by, or applications from partnerships including, institutions serving primarily low-income populations, including—
(1) Alaska Native-serving institutions;
(2) Asian American and Native American Pacific Islander-serving institutions;
(3) Hispanic-serving institutions;
(4) historically black colleges and universities;
(5) Native American-serving, nontribal institutions;
(6) Native Hawaiian-serving institutions;
(7) Predominantly black institutions;
(8) tribally controlled colleges and universities; and
(9) community colleges serving predominantly minority populations.
(f) Considerations
In making grants and entering into contracts under subsection (b), the Corporation shall take into consideration whether the applicants submit applications containing proposals that—
(1) demonstrate the commitment of the institution of higher education involved, other than by demonstrating the commitment of the students, to supporting the community service projects carried out under the program;
(2) specify the manner in which the institution will promote faculty, administration, and staff participation in the community service projects;
(3) specify the manner in which the institution will provide service to the community through organized programs, including, where appropriate, clinical programs for students in professional schools and colleges;
(4) describe any partnership that will participate in the community service projects, such as a partnership comprised of—
(A) the institution;
(B)(i) a community-based agency;
(ii) a local government agency; or
(iii) a nonprofit entity that serves or involves school-age youth, older adults, or low-income communities; and
(C)(i) a student organization;
(ii) a department of the institution; or
(iii) a group of faculty comprised of different departments, schools, or colleges at the institution;
(5) demonstrate community involvement in the development of the proposal and the extent to which the proposal will contribute to the goals of the involved community members;
(6) demonstrate a commitment to perform community service projects in underserved urban and rural communities;
(7) describe research on effective strategies and methods to improve service utilized in the design of the projects;
(8) specify that the institution or partnership will use the assistance provided through the grant or contract to strengthen the service infrastructure in institutions of higher education;
(9) with respect to projects involving delivery of services, specify projects that involve leadership development of school-age youth; or
(10) describe the needs that the proposed projects are designed to address, such as housing, economic development, infrastructure, health care, job training, education, crime prevention, urban planning, transportation, information technology, or child welfare.
(g) Federal work-study
To be eligible for assistance under this part, an institution of higher education shall demonstrate that it meets the minimum requirements under section 443(b)(2)(A) of the Higher Education Act of 1965 (
(h) Definition
Notwithstanding
(i) National service educational award
A participant in a program funded under this part shall be eligible for the national service educational award described in division D, if the participant served in an approved national service position.
(
Editorial Notes
References in Text
The Higher Education Act of 1965, referred to in subsecs. (b)(5) and (g), is
Prior Provisions
A prior section 118 of
Another prior section 118 of
Amendments
2009—Subsec. (a).
Subsec. (b).
Subsec. (b)(1)(C).
Subsec. (b)(3).
Subsec. (b)(3)(A).
Subsec. (b)(3)(B), (C).
Subsecs. (c) to (i).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1993, see section 123 of
1 See References in Text note below.
2 So in original. Probably should not be capitalized.
§12561a. Campuses of Service
(a) In general
The Corporation, after consultation with the Secretary of Education, may annually designate not more than 25 institutions of higher education as Campuses of Service, from among institutions nominated by State Commissions.
(b) Applications for nomination
(1) In general
To be eligible for a nomination to receive designation under subsection (a), and have an opportunity to apply for funds under subsection (d) for a fiscal year, an institution of higher education in a State shall submit an application to the State Commission at such time, in such manner, and containing such information as the State Commission may require.
(2) Contents
At a minimum, the application shall include information specifying—
(A)(i) the number of undergraduate and, if applicable, graduate service-learning courses offered at such institution for the most recent full academic year preceding the fiscal year for which designation is sought; and
(ii) the number and percentage of undergraduate students and, if applicable, the number and percentage of graduate students at such institution who were enrolled in the corresponding courses described in clause (i), for such preceding academic year;
(B) the percentage of undergraduate students engaging in and, if applicable, the percentage of graduate students engaging in activities providing community services, as defined in section 441(c) of the Higher Education Act of 1965 (
(C) for such preceding academic year, the percentage of Federal work-study funds made available to the institution under part C of title IV of the Higher Education Act of 1965 (
(D) at the discretion of the institution, information demonstrating the degree to which recent graduates of the institution, and all graduates of the institution, have obtained full-time public service employment in the nonprofit sector or government, with a private nonprofit organization or a Federal, State, or local public agency; and
(E) any programs the institution has in place to encourage or assist graduates of the institution to pursue careers in public service in the nonprofit sector or government.
(c) Nominations and designation
(1) Nomination
(A) In general
A State Commission that receives applications from institutions of higher education under subsection (b) may nominate, for designation under subsection (a), not more than 3 such institutions of higher education, consisting of—
(i) not more than one 4-year public institution of higher education;
(ii) not more than one 4-year private institution of higher education; and
(iii) not more than one 2-year institution of higher education.
(B) Submission
The State Commission shall submit to the Corporation the name and application of each institution nominated by the State Commission under subparagraph (A).
(2) Designation
The Corporation shall designate, under subsection (a), not more than 25 institutions of higher education from among the institutions nominated under paragraph (1). In making the designations, the Corporation shall, if feasible, designate various types of institutions, including institutions from each of the categories of institutions described in clauses (i), (ii), and (iii) of paragraph (1)(A).
(d) Awards
(1) In general
Using sums reserved under
(2) Plan
To be eligible to receive funds under this subsection, an institution designated under subsection (c) shall submit a plan to the Corporation describing how the institution intends to use the funds to develop or disseminate service-learning models and information on best practices regarding service-learning to other institutions of higher education.
(3) Allocation
The Corporation shall determine how the funds reserved under
(
Editorial Notes
References in Text
The Higher Education Act of 1965, referred to in subsec. (b)(2)(C), is
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
1 See References in Text note below.
Part III—Innovative and Community-Based Service-Learning Programs and Research
§12563. Innovative and community-based service-learning programs and research
(a) Definitions
In this part:
(1) Eligible entity
The term "eligible entity" means a State educational agency, a State Commission, a territory, an Indian tribe, an institution of higher education, or a public or private nonprofit organization (including community-based entities), a public or private elementary school or secondary school, a local educational agency, a consortium of such entities, or a consortium of 2 or more such entities and a for-profit organization.
(2) Eligible partnership
The term "eligible partnership" means a partnership that—
(A) shall include—
(i) 1 or more community-based entities that have demonstrated records of success in carrying out service-learning programs with economically disadvantaged students, and that meet such criteria as the Chief Executive Officer may establish; and
(ii) a local educational agency for which—
(I) a high number or percentage, as determined by the Corporation, of the students served by the agency are economically disadvantaged students; and
(II) the four-year adjusted cohort graduation rate (as defined in
(B) may also include—
(i) a local government agency that is not described in subparagraph (A);
(ii) the office of the chief executive officer of a unit of general local government;
(iii) an institution of higher education;
(iv) a State Commission or State educational agency; or
(v) more than 1 local educational agency described in subclause (I).1
(3) Youth engagement zone
The term "youth engagement zone" means the area in which a youth engagement zone program is carried out.
(4) Youth engagement zone program
The term "youth engagement zone program" means a service-learning program in which members of an eligible partnership collaborate to provide coordinated school-based or community-based service-learning opportunities—
(A) in order to address a specific community challenge;
(B) for an increasing percentage of out-of-school youth and secondary school students served by a local educational agency; and
(C) in circumstances under which—
(i) not less than 90 percent of such students participate in service-learning activities as part of the program; or
(ii) service-learning is a part of the curriculum in all of the secondary schools served by the local educational agency.
(b) General authority
From the amounts appropriated to carry out this part for a fiscal year, the Corporation may make grants (which may include approved summer of service positions in the case of a grant for a program described in subsection (c)(8)) and fixed-amount grants (in accordance with
(c) Authorized activities
Funds under this part may be used to—
(1) integrate service-learning programs into the science, technology, engineering, and mathematics (referred to in this part as "STEM") curricula at the elementary, secondary, postsecondary, or postbaccalaureate levels in coordination with practicing or retired STEM professionals;
(2) involve students in service-learning programs focusing on energy conservation in their community, including conducting educational outreach on energy conservation and working to improve energy efficiency in low-income housing and in public spaces;
(3) involve students in service-learning programs in emergency and disaster preparedness;
(4) involve students in service-learning programs aimed at improving access to and obtaining the benefits from computers and other emerging technologies, including improving such access for individuals with disabilities, in low-income or rural communities, in senior centers and communities, in schools, in libraries, and in other public spaces;
(5) involve high school age youth in the mentoring of middle school youth while involving all participants in service-learning to seek to meet unmet human, educational, environmental, public safety, or emergency and disaster preparedness needs in their community;
(6) conduct research and evaluations on service-learning, including service-learning in middle schools, and disseminate such research and evaluations widely;
(7) conduct innovative and creative activities as described in
(8) establish or implement summer of service programs (giving priority to programs that enroll youth who will be enrolled in any of grades 6 through 9 at the end of the summer concerned) during the summer months (including recruiting, training, and placing service-learning coordinators)—
(A) for youth who will be enrolled in any of grades 6 through 12 at the end of the summer concerned; and
(B) for community-based service-learning projects—
(i) that shall—
(I) meet unmet human, educational, environmental (including energy conservation and stewardship), and emergency and disaster preparedness and other public safety needs; and
(II) be intensive, structured, supervised, and designed to produce identifiable improvements to the community;
(ii) that may include the extension of academic year service-learning programs into the summer months; and
(iii) under which a student who completes 100 hours of service as described in
(9) establish or implement youth engagement zone programs in youth engagement zones, for students in secondary schools served by local educational agencies for which a majority of such students do not participate in service-learning activities that are—
(A) carried out by eligible partnerships; and
(B) designed to—
(i) involve all students in secondary schools served by the local educational agency in service-learning to address a specific community challenge;
(ii) improve student engagement, including student attendance and student behavior, and student achievement, graduation rates, and college-going rates at secondary schools; and
(iii) involve an increasing percentage of students in secondary school and out-of-school youth in the community in school-based or community-based service-learning activities each year, with the goal of involving all students in secondary schools served by the local educational agency and involving an increasing percentage of the out-of-school youth in service-learning activities; and
(10) conduct semester of service programs that—
(A) provide opportunities for secondary school students to participate in a semester of coordinated school-based or community-based service-learning opportunities for a minimum of 70 hours (of which at least a third will be spent participating in field-based activities) over a semester, to address specific community challenges;
(B) engage as participants high percentages or numbers of economically disadvantaged students;
(C) allow participants to receive academic credit, for the time spent in the classroom and in the field for the program, that is equivalent to the academic credit for any class of equivalent length and with an equivalent time commitment; and
(D) ensure that the classroom-based instruction component of the program is integrated into the academic program of the local educational agency involved; and
(11) carry out any other innovative service-learning programs or research that the Corporation considers appropriate.
(d) Applications
To be eligible to receive a grant to carry out a program or activity under this part, an entity or partnership, as appropriate, shall prepare and submit to the Corporation an application at such time and in such manner as the Chief Executive Officer may reasonably require, and obtain approval of the application.
(e) Priority
In making grants under this part, the Corporation shall give priority to applicants proposing to—
(1) involve students and community stakeholders in the design and implementation of service-learning programs carried out using funds received under this part;
(2) implement service-learning programs in low-income or rural communities; and
(3) utilize adult volunteers, including tapping the resources of retired and retiring adults, in the planning and implementation of service-learning programs.
(f) Requirements
(1) Term
Each program or activity funded under this part shall be carried out over a period of 3 years, which may include 1 planning year. In the case of a program funded under this part, the 3-year period may be extended by 1 year, if the program meets performance levels established in accordance with
(2) Collaboration encouraged
Each entity carrying out a program or activity funded under this part shall, to the extent practicable, collaborate with entities carrying out programs under this division, division C, and titles I and II of the Domestic Volunteer Service Act of 1973 (
(3) Evaluation
Not later than 4 years after the effective date of the Serve America Act, the Corporation shall conduct an independent evaluation of the programs and activities carried out using funds made available under this part, and determine best practices relating to service-learning and recommendations for improvement of those programs and activities. The Corporation shall widely disseminate the results of the evaluations, and information on the best practices and recommendations to the service community through multiple channels, including the Corporation's Resource Center or a clearinghouse of effective strategies.
(
Editorial Notes
References in Text
The Domestic Volunteer Service Act of 1973, referred to in subsec. (f)(2), is
For the effective date of the Serve America Act, referred to in subsec. (f)(3), as Oct. 1, 2009, see section 6101(a) of
Prior Provisions
A prior section 119 of
Amendments
2015—Subsec. (a)(2)(A)(ii)(II).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
1 So in original. Clause (v) does not contain subclauses.
2 So in original. Comma probably should not appear.
Part IV—Repealed
Part related to service-learning impact study, prior to repeal by
§12565. Repealed. Pub. L. 113–188, title III, §301(a), Nov. 26, 2014, 128 Stat. 2018
Section,
Division C—National Service Trust Program
Editorial Notes
Prior Provisions
This division is comprised of subtitle C, §§121–141, of title I of
Part I—Investment in National Service
§12571. Authority to provide assistance and approved national service positions
(a) Provision of assistance
Subject to the availability of appropriations for this purpose, the Corporation for National and Community Service may make grants to States, subdivisions of States, territories, Indian tribes, public or private nonprofit organizations, and institutions of higher education for the purpose of assisting the recipients of the grants—
(1) to carry out full- or part-time national service programs, including summer programs, described in subsection (a), (b), or (c) of
(2) to make grants in support of other national service programs described in subsection (a), (b), or (c) of
(b) Restrictions on agreements with Federal agencies
(1) Agreements authorized
The Corporation may enter into an interagency agreement (other than a grant agreement) with another Federal agency to support a national service program carried out or otherwise supported by the agency. The Corporation, in entering into the interagency agreement may approve positions as approved national service positions for a program carried out or otherwise supported by the agency.
(2) Prohibition on grants
The Corporation may not provide a grant under this section to a Federal agency.
(3) Consultation with State Commissions
A Federal agency carrying out or supporting a national service program shall consult with the State Commissions for those States in which projects will be conducted through that program in order to ensure that the projects do not duplicate projects conducted by State or local national service programs.
(4) Support for other national service programs
A Federal agency that enters into an interagency agreement under paragraph (1) shall, in an appropriate case, enter into a contract or cooperative agreement with an entity that is carrying out a national service program in a State that is in existence in the State as of the date of the contract or cooperative agreement and is of high quality, in order to support the national service program.
(5) Application of requirements
A requirement under this chapter that applies to an entity receiving assistance under this section (other than a requirement limited to an entity receiving assistance under subsection (a)) shall be considered to apply to a Federal agency that enters into an interagency agreement under this subsection, even though no Federal agency may receive financial assistance under such an agreement.
(c) Provision of approved national service positions
As part of the provision of assistance under subsection (a), and in providing approved national service positions under subsection (b), the Corporation shall—
(1) approve the provision of national service educational awards described in division D for the participants who serve in national service programs carried out using such assistance; and
(2) deposit in the National Service Trust established in
(A) the value of a national service educational award under
(B) the total number of approved national service positions to be provided or otherwise approved.
(d) Five percent limitation on administrative costs
(1) Limitation
Not more than 5 percent of the amount of assistance provided to the original recipient of a grant or transfer of assistance under subsection (a) for a fiscal year may be used to pay for administrative costs incurred by—
(A) the recipient of the assistance; and
(B) national service programs carried out or supported with the assistance.
(2) Rules on use
The Corporation may by rule prescribe the manner and extent to which—
(A) assistance provided under subsection (a) may be used to cover administrative costs; and
(B) that portion of the assistance available to cover administrative costs should be distributed between—
(i) the original recipient of the grant or transfer of assistance under such subsection; and
(ii) national service programs carried out or supported with the assistance.
(e) Matching funds requirements
(1) Requirements
Except as provided in
(2) Calculation
In providing for the remaining share of the cost of carrying out a national service program, the program—
(A) shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services; and
(B) may provide for such share through State sources, local sources, or other Federal sources (other than the use of funds made available under the national service laws).
(3) Cost of health care
In providing a payment in cash under paragraph (2)(A) as part of providing for the remaining share of the cost of carrying out a national service program, the program may count not more than 85 percent of the cost of providing a health care policy described in
(4) Waiver
The Corporation may waive in whole or in part the requirements of paragraph (1) with respect to a national service program in any fiscal year if the Corporation determines that such a waiver would be equitable due to a lack of available financial resources at the local level.
(5) Other Federal funds
(A) Recipient report
A recipient of assistance under this section (other than a recipient of assistance through a fixed-amount grant in accordance with
(B) Corporation report
The Corporation shall report to the authorizing committees on an annual basis information regarding each recipient of such assistance that uses Federal funds other than those provided by the Corporation to carry out such a program, including the amounts and sources of the other Federal funds.
(f) Plan for approved national service positions
The Corporation shall—
(1) develop a plan to—
(A) establish the number of the approved national service positions as 88,000 for fiscal year 2010;
(B) increase the number of the approved positions to—
(i) 115,000 for fiscal year 2011;
(ii) 140,000 for fiscal year 2012;
(iii) 170,000 for fiscal year 2013;
(iv) 200,000 for fiscal year 2014;
(v) 210,000 for fiscal year 2015;
(vi) 235,000 for fiscal year 2016; and
(vii) 250,000 for fiscal year 2017;
(C) ensure that the increases described in subparagraph (B) are achieved through an appropriate balance of full- and part-time service positions;
(2) not later than 1 year after April 21, 2009, submit a report to the authorizing committees on the status of the plan described in paragraph (1); and
(3) subject to the availability of appropriations and quality service opportunities, implement the plan described in paragraph (1).
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (b)(5), was in the original "this Act", meaning
Prior Provisions
A prior section 12571,
A prior section 121 of
Amendments
2009—Subsec. (a).
Subsec. (a)(1), (2).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (c).
Subsec. (c)(2)(B).
Subsec. (d)(1), (2)(A).
Subsec. (e)(1).
Subsec. (e)(5).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1993, see section 123 of
Overall Minimum Share Requirement
Similar provisions were contained in the following prior appropriation acts:
§12572. National service programs eligible for program assistance
(a) National service corps
The recipient of a grant under
(1) Education Corps
(A) In general
The recipient may carry out national service programs through an Education Corps that identifies and meets unmet educational needs within communities through activities such as those described in subparagraph (B) and improves performance on the indicators described in subparagraph (C).
(B) Activities
An Education Corps described in this paragraph may carry out activities such as—
(i) tutoring, or providing other academic support to elementary school and secondary school students;
(ii) improving school climate;
(iii) mentoring students, including adult or peer mentoring;
(iv) linking needed integrated services and comprehensive supports with students, their families, and their public schools;
(v) providing assistance to a school in expanding the school day by strengthening the quality of staff and expanding the academic programming offered in an expanded learning time initiative, a program of a 21st century community learning center (as defined in
(vi) assisting schools and local educational agencies in improving and expanding high-quality service-learning programs that keep students engaged in schools by carrying out programs that provide specialized training to individuals in service-learning, and place the individuals (after such training) in positions as service-learning coordinators, to facilitate service-learning in programs eligible for funding under part I of division B;
(vii) assisting students in being prepared for college-level work;
(viii) involving family members of students in supporting teachers and students;
(ix) conducting a preprofessional training program in which students enrolled in an institution of higher education—
(I) receive training (which may include classes containing service-learning) in specified fields including early childhood education and care, elementary and secondary education, and other fields such as those relating to health services, criminal justice, environmental stewardship and conservation, or public safety;
(II) perform service related to such training outside the classroom during the school term and during summer or other vacation periods; and
(III) agree to provide service upon graduation to meet unmet human, educational, environmental, or public safety needs related to such training;
(x) assisting economically disadvantaged students in navigating the college admissions process;
(xi) providing other activities, addressing unmet educational needs, that the Corporation may designate; or
(xii) providing skilled musicians and artists to promote greater community unity through the use of music and arts education and engagement through work in low-income communities, and education, health care, and therapeutic settings, and other work in the public domain with citizens of all ages.
(C) Education Corps indicators
The indicators for a corps program described in this paragraph are—
(i) student engagement, including student attendance and student behavior;
(ii) student academic achievement;
(iii) four-year adjusted cohort graduation rate (as defined in
(iv) rate of college enrollment and continued college enrollment for recipients of a high school diploma;
(v) any additional indicator relating to improving education for students that the Corporation, in consultation (as appropriate) with the Secretary of Education, establishes; or
(vi) any additional local indicator (applicable to a particular recipient and on which an improvement in performance is needed) relating to improving education for students, that is approved by the Corporation or a State Commission.
(2) Healthy Futures Corps
(A) In general
The recipient may carry out national service programs through a Healthy Futures Corps that identifies and meets unmet health needs within communities through activities such as those described in subparagraph (B) and improves performance on the indicators described in subparagraph (C).
(B) Activities
A Healthy Futures Corps described in this paragraph may carry out activities such as—
(i) assisting economically disadvantaged individuals in navigating the health services system;
(ii) assisting individuals in obtaining access to health services, including oral health services, for themselves or their children;
(iii) educating economically disadvantaged individuals and individuals who are members of medically underserved populations about, and engaging individuals described in this clause in, initiatives regarding navigating the health services system and regarding disease prevention and health promotion, with a particular focus on common health conditions, chronic diseases, and conditions, for which disease prevention and health promotion measures exist and for which socioeconomic, geographic, and racial and ethnic health disparities exist;
(iv) improving the literacy of patients regarding health, including oral health;
(v) providing translation services at clinics and in emergency rooms to improve health services;
(vi) providing services designed to meet the health needs of rural communities, including the recruitment of youth to work in health professions in such communities;
(vii) assisting in health promotion interventions that improve health status, and helping people adopt and maintain healthy lifestyles and habits to improve health status;
(viii) addressing childhood obesity through in-school and after-school physical activities, and providing nutrition education to students, in elementary schools and secondary schools; or
(ix) providing activities, addressing unmet health needs, that the Corporation may designate.
(C) Healthy Futures Corps indicators
The indicators for a corps program described in this paragraph are—
(i) access to health services among economically disadvantaged individuals and individuals who are members of medically underserved populations;
(ii) access to health services for uninsured individuals, including such individuals who are economically disadvantaged children;
(iii) participation, among economically disadvantaged individuals and individuals who are members of medically underserved populations, in disease prevention and health promotion initiatives, particularly those with a focus on addressing common health conditions, addressing chronic diseases, and decreasing health disparities;
(iv) literacy of patients regarding health;
(v) any additional indicator, relating to improving or protecting the health of economically disadvantaged individuals and individuals who are members of medically underserved populations, that the Corporation, in consultation (as appropriate) with the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention, establishes; or
(vi) any additional local indicator (applicable to a particular recipient and on which an improvement in performance is needed) relating to improving or protecting the health of economically disadvantaged individuals and individuals who are members of medically underserved populations, that is approved by the Corporation or a State Commission.
(3) Clean Energy Service Corps
(A) In general
The recipient may carry out national service projects through a Clean Energy Service Corps that identifies and meets unmet environmental needs within communities through activities such as those described in subparagraph (B) and improves performance on the indicators described in subparagraph (C).
(B) Activities
A Clean Energy Service Corps described in this paragraph may carry out activities such as—
(i) weatherizing and retrofitting housing units for low-income households to significantly improve the energy efficiency and reduce carbon emissions of such housing units;
(ii) building energy-efficient housing units in low-income communities;
(iii) conducting energy audits for low-income households and recommending ways for the households to improve energy efficiency;
(iv) providing clean energy-related services designed to meet the needs of rural communities;
(v) working with schools and youth programs to educate students and youth about ways to reduce home energy use and improve the environment, including conducting service-learning projects to provide such education;
(vi) assisting in the development of local recycling programs;
(vii) renewing and rehabilitating national and State parks and forests, city parks, county parks and other public lands, and trails owned or maintained by the Federal Government or a State, including planting trees, carrying out reforestation, carrying out forest health restoration measures, carrying out erosion control measures, fire hazard reduction measures, and rehabilitation and maintenance of historic sites and structures throughout the national park system, and providing trail enhancements, rehabilitation, and repairs;
(viii) cleaning and improving rivers maintained by the Federal Government or a State;
(ix) carrying out projects in partnership with the National Park Service, designed to renew and rehabilitate national park resources and enhance services and learning opportunities for national park visitors, and nearby communities and schools;
(x) providing service through a full-time, year-round youth corps program or full-time summer youth corps program, such as a conservation corps or youth service corps program that—
(I) undertakes meaningful service projects with visible public benefits, including projects involving urban renewal, sustaining natural resources, or improving human services;
(II) includes as participants youths and young adults who are age 16 through 25, including out-of-school youth and other disadvantaged youth (such as youth who are aging out of foster care, youth who have limited English proficiency, homeless youth, and youth who are individuals with disabilities), who are age 16 through 25; and
(III) provides those participants who are youth and young adults with—
(aa) team-based, highly structured, and adult-supervised work experience, life skills, education, career guidance and counseling, employment training, and support services including mentoring; and
(bb) the opportunity to develop citizenship values and skills through service to their community and the United States; 1
(xi) carrying out other activities, addressing unmet environmental and workforce needs, that the Corporation may designate.
(C) Clean Energy Service Corps indicators
The indicators for a corps program described in this paragraph are—
(i) the number of housing units of low-income households weatherized or retrofitted to significantly improve energy efficiency and reduce carbon emissions;
(ii) annual energy costs (to determine savings in those costs) at facilities where participants have provided service;
(iii) the number of students and youth receiving education or training in energy-efficient and environmentally conscious practices;
(iv)(I) the number of acres of national parks, State parks, city parks, county parks, or other public lands, that are cleaned or improved; and
(II) the number of acres of forest preserves, or miles of trails or rivers, owned or maintained by the Federal Government or a State, that are cleaned or improved;
(v) any additional indicator relating to clean energy, the reduction of greenhouse gas emissions, or education and skill attainment for clean energy jobs, that the Corporation, in consultation (as appropriate) with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of the Interior, or the Secretary of Labor, as appropriate, establishes; or
(vi) any additional local indicator (applicable to a particular recipient and on which an improvement in performance is needed) relating to clean energy, the reduction of greenhouse gas emissions, or education or skill attainment for clean energy jobs, that is approved by the Corporation or a State Commission.
(4) Veterans Corps
(A) In general
The recipient may carry out national service programs through a Veterans Corps that identifies and meets unmet needs of veterans and members of the Armed Forces who are on active duty through activities such as those described in subparagraph (B) and improves performance on the indicators described in subparagraph (C).
(B) Activities
A Veterans Corps described in this paragraph may carry out activities such as—
(i) promoting community-based efforts to meet the unique needs of military families while a family member is deployed and upon that family member's return home;
(ii) recruiting veterans, particularly returning veterans, into service opportunities, including opportunities that utilize their military experience;
(iii) assisting veterans in developing their educational opportunities (including opportunities for professional certification, licensure, or credentials), coordinating activities with and assisting State and local agencies administering veterans education benefits, and coordinating activities with and assisting entities administering veterans programs with internships and fellowships that could lead to employment in the private and public sectors;
(iv) promoting efforts within a community to serve the needs of veterans and members of the Armed Forces who are on active duty, including helping veterans file benefits claims and assisting Federal agencies in providing services to veterans, and sending care packages to Members of the Armed Forces who are deployed;
(v) assisting veterans in developing mentoring relationships with economically disadvantaged students;
(vi) developing projects to assist veterans with disabilities, veterans who are unemployed, older veterans, and veterans in rural communities, including assisting veterans described in this clause with transportation; or
(vii) other activities, addressing unmet needs of veterans, that the Corporation may designate.
(C) Veterans' Corps indicators
The indicators for a corps program described in this paragraph are—
(i) the number of housing units created for veterans;
(ii) the number of veterans who pursue educational opportunities;
(iii) the number of veterans receiving professional certification, licensure, or credentials;
(iv) the number of veterans engaged in service opportunities;
(v) the number of military families assisted by organizations while a family member is deployed and upon that family member's return home;
(vi) the number of economically disadvantaged students engaged in mentoring relationships with veterans;
(vii) the number of projects designed to meet identifiable public needs of veterans, especially veterans with disabilities, veterans who are unemployed, older veterans, and veterans in rural communities;
(viii) any additional indicator that relates to education or skill attainment that assists in providing veterans with the skills to address identifiable public needs, or that relates to improving the lives of veterans, of members of the Armed Forces on active duty, and of families of the veterans and the members on active duty, and that the Corporation, in consultation (as appropriate) with the Secretary of Veterans Affairs, establishes; or
(ix) any additional local indicator (applicable to a particular recipient and on which an improvement in performance is needed) relating to the education or skill attainment, or the improvement, described in clause (viii), that is approved by the Corporation or a State Commission.
(5) Opportunity Corps
(A) In general
The recipient may carry out national service programs through an Opportunity Corps that identifies and meets unmet needs relating to economic opportunity for economically disadvantaged individuals within communities, through activities such as those described in subparagraph (B) and improves performance on the indicators described in subparagraph (C).
(B) Activities
An Opportunity Corps described in this paragraph may carry out activities such as—
(i) providing financial literacy education to economically disadvantaged individuals, including financial literacy education with regard to credit management, financial institutions including banks and credit unions, and utilization of savings plans;
(ii) assisting in the construction, rehabilitation, or preservation of housing units, including energy efficient homes, for economically disadvantaged individuals;
(iii) assisting economically disadvantaged individuals, including homeless individuals, in finding placement in and maintaining housing;
(iv) assisting economically disadvantaged individuals in obtaining access to health services for themselves or their children;
(v) assisting individuals in obtaining information about Federal, State, local, or private programs or benefits focused on assisting economically disadvantaged individuals, economically disadvantaged children, or low-income families;
(vi) facilitating enrollment in and completion of job training for economically disadvantaged individuals;
(vii) assisting economically disadvantaged individuals in obtaining access to job placement assistance;
(viii) carrying out a program that seeks to eliminate hunger in low-income communities and rural areas through service in projects—
(I) involving food banks, food pantries, and nonprofit organizations that provide food during emergencies;
(II) seeking to address the long-term causes of hunger through education and the delivery of appropriate services;
(III) providing training in basic health, nutrition, and life skills necessary to alleviate hunger in communities and rural areas; or
(IV) assisting individuals in obtaining information about federally supported nutrition programs;
(ix) addressing issues faced by homebound citizens, such as needs for food deliveries, legal and medical services, nutrition information, and transportation;
(x) implementing an E–Corps program that involves participants who provide services in a community by developing and assisting in carrying out technology programs that seek to increase access to technology and the benefits of technology in such community; and
(xi) carrying out other activities, addressing unmet needs relating to economic opportunity for economically disadvantaged individuals, that the Corporation may designate.
(C) Opportunity Corps indicators
The indicators for a corps program described in this paragraph are—
(i) the degree of financial literacy among economically disadvantaged individuals;
(ii) the number of housing units built or improved for economically disadvantaged individuals or low-income families;
(iii) the number of economically disadvantaged individuals with access to job training and other skill enhancement;
(iv) the number of economically disadvantaged individuals with access to information about job placement services;
(v) any additional indicator relating to improving economic opportunity for economically disadvantaged individuals that the Corporation, in consultation (as appropriate) with the Secretary of Health and Human Services, the Secretary of Labor, the Secretary of Housing and Urban Development, and the Secretary of the Treasury, establishes; or
(vi) any additional local indicator (applicable to a particular recipient and on which an improvement in performance is needed) that is approved by the Corporation or a State Commission.
(b) National service programs
(1) In general
The recipient of a grant under
(2) Programs
The programs may include the following types of national service programs:
(A) A community service program designed to meet the needs of rural communities, using teams or individual placements to address the development needs of rural communities, including addressing rural poverty, or the need for health services, education, or job training.
(B) A program—
(i) that engages participants in public health, emergency and disaster preparedness, and other public safety activities;
(ii) that may include the recruitment of qualified participants for, and placement of the participants in, positions to be trainees as law enforcement officers, firefighters, search and rescue personnel, and emergency medical service workers; and
(iii) that may engage Federal, State, and local stakeholders, in collaboration, to organize more effective responses to issues of public health, emergencies and disasters, and other public safety issues.
(C) A program that seeks to expand the number of mentors for disadvantaged youths and other youths (including by recruiting high school-,2 and college-age individuals to enter into mentoring relationships), either through—
(i) provision of direct mentoring services;
(ii) provision of supportive services to direct mentoring service organizations (in the case of a partnership);
(iii) the creative utilization of current and emerging technologies to connect youth with mentors; or
(iv) supporting mentoring partnerships (including statewide and local mentoring partnerships that strengthen direct service mentoring programs) by—
(I) increasing State resources dedicated to mentoring;
(II) supporting the creation of statewide and local mentoring partnerships and programs of national scope through collaborative efforts between entities such as local or direct service mentoring partnerships, or units of State or local government; and
(III) assisting direct service mentoring programs.
(D) A program—
(i) in which not less than 75 percent of the participants are disadvantaged youth;
(ii) that may provide life skills training, employment training, educational counseling, assistance to complete a secondary school diploma or its recognized equivalent, counseling, or a mentoring relationship with an adult volunteer; and
(iii) for which, in awarding financial assistance and approved national service positions, the Corporation shall give priority to programs that engage retirees to serve as mentors.
(E) A program—
(i) that reengages court-involved youth and adults with the goal of reducing recidivism;
(ii) that may create support systems beginning in correctional facilities; and
(iii) that may have life skills training, employment training, an education program (including a program to complete a secondary school diploma or its recognized equivalent), educational and career counseling, and postprogram placement services.
(F) A demonstration program—
(i) that has as 1 of its primary purposes the recruitment and acceptance of court-involved youth and adults as participants, volunteers, or members; and
(ii) that may serve any purpose otherwise permitted under this chapter.
(G) A program that provides education or job training services that are designed to meet the needs of rural communities.
(H) A program that seeks to expand the number of mentors for youth in foster care through—
(i) the provision of direct academic mentoring services for youth in foster care;
(ii) the provision of supportive services to mentoring service organizations that directly provide mentoring to youth in foster care, including providing training of mentors in child development, domestic violence, foster care, confidentiality requirements, and other matters related to working with youth in foster care; or
(iii) supporting foster care mentoring partnerships, including statewide and local mentoring partnerships that strengthen direct service mentoring programs.
(I) Such other national service programs addressing unmet human, educational, environmental, or public safety needs as the Corporation may designate.
(3) Indicators
The indicators for a program described in this subsection are the indicators described in subparagraph (C) of paragraphs 3 (1), (2), (3), (4), or (5) of subsection (a) or any additional local indicator (applicable to a participant or recipient and on which an improvement in performance is needed) relating to meeting unmet community needs, that is approved by the Corporation or a State Commission.
(c) Program models for service corps
(1) In general
In addition to any activities described in subparagraph (B) of paragraphs (1) through (5) of subsection (a), and subsection (b)(2), a recipient of a grant under
(A) A community corps program that meets unmet health, veteran, and other human, educational, environmental, or public safety needs and promotes greater community unity through the use of organized teams of participants of varied social and economic backgrounds, skill levels, physical and developmental capabilities, ages, ethnic backgrounds, or genders.
(B) A service program that—
(i) recruits individuals with special skills or provides specialized preservice training to enable participants to be placed individually or in teams in positions in which the participants can meet such unmet needs; and
(ii) if consistent with the purposes of the program, brings participants together for additional training and other activities designed to foster civic responsibility, increase the skills of participants, and improve the quality of the service provided.
(C) A campus-based program that is designed to provide substantial service in a community during the school term and during summer or other vacation periods through the use of—
(i) students who are attending an institution of higher education, including students participating in a work-study program assisted under part C of title IV of the Higher Education Act of 1965 (
(ii) teams composed of students described in clause (i); or
(iii) teams composed of a combination of such students and community residents.
(D) A professional corps program that recruits and places qualified participants in positions—
(i) as teachers, nurses and other health care providers, police officers, early childhood development staff, engineers, or other professionals providing service to meet human, educational, environmental, or public safety needs in communities with an inadequate number of such professionals;
(ii) for which the salary may exceed the maximum living allowance authorized in subsection (a)(2) of
(iii) that are sponsored by public or private employers who agree to pay 100 percent of the salaries and benefits (other than any national service educational award under division D) of the participants.
(E) A program that provides opportunities for veterans to participate in service projects.
(F) A program carried out by an intermediary that builds the capacity of local nonprofit and faith-based organizations to expand and enhance services to meet local or national needs.
(G) Such other program models as may be approved by the Corporation or a State Commission, as appropriate.
(2) Program models within corps
A recipient of financial assistance or approved national service positions for a corps program described in subsection (a) may use the assistance or positions to carry out the corps program, in whole or in part, using a program model described in this subsection. The corps program shall meet the applicable requirements of subsection (a) and this subsection.
(d) Qualification criteria to determine eligibility
(1) Establishment by Corporation
The Corporation shall establish qualification criteria for different types of national service programs for the purpose of determining whether a particular national service program should be considered to be a national service program eligible to receive assistance or approved national service positions under this division.
(2) Consultation
In establishing qualification criteria under paragraph (1), the Corporation shall consult with organizations and individuals with extensive experience in developing and administering effective national service programs or regarding the delivery of veteran services, and other human, educational, environmental, or public safety services, to communities or persons.
(3) Application to subgrants
The qualification criteria established by the Corporation under paragraph (1) shall also be used by each recipient of assistance under
(4) Encouragement of intergenerational components of programs
The Corporation shall encourage national service programs eligible to receive assistance or approved national service positions under this division to establish, if consistent with the purposes of the program, an intergenerational component of the program that combines students, out-of-school youths, disadvantaged youth, and older adults as participants to provide services to address unmet human, educational, environmental, or public safety needs.
(e) Priorities for certain corps
In awarding financial assistance and approved national service positions to eligible entities proposed to carry out the corps described in subsection (a)—
(1) in the case of a corps described in subsection (a)(2)—
(A) the Corporation may give priority to eligible entities that propose to provide support for participants who, after completing service under this section, will undertake careers to improve performance on health indicators described in subsection (a)(2)(C); and
(B) the Corporation shall give priority to eligible entities that propose to carry out national service programs in medically underserved areas (as designated individually, by the Secretary of Health and Human Services as an area with a shortage of personal health services); and
(2) in the case of a corps described in subsection (a)(3), the Corporation shall give priority to eligible entities that propose to recruit individuals for the Clean Energy Service Corps so that significant percentages of participants in the Corps are economically disadvantaged individuals, and provide to such individuals support services and education and training to develop skills needed for clean energy jobs for which there is current demand or projected future demand.
(f) National service priorities
(1) Establishment
(A) By Corporation
In order to concentrate national efforts on meeting human, educational, environmental, or public safety needs and to achieve the other purposes of this chapter, the Corporation, after reviewing the strategic plan approved under section 12651b(g)(1,) 2 of this title shall establish, and may periodically alter, priorities regarding the types of national service programs and corps to be assisted under
(B) By States
Consistent with paragraph (4), States shall establish, and through the national service plan process described in
(2) Notice to applicants
The Corporation shall provide advance notice to potential applicants of any national service priorities to be in effect under this subsection for a fiscal year. The notice shall specifically include—
(A) a description of any alteration made in the priorities since the previous notice; and
(B) a description of the national service programs that are designated by the Corporation under
(3) Regulations
The Corporation shall by regulation establish procedures to ensure the equitable treatment of national service programs that—
(A) receive funding under this division for multiple years; and
(B) would be adversely affected by annual revisions in such national service priorities.
(4) Application to subgrants
Any national service priorities established by the Corporation under this subsection shall also be used by each recipient of funds under
(g) Consultation on indicators
The Corporation shall consult with the Secretary of Education, the Secretary of Health and Human Services, the Director of the Centers for Disease Control and Prevention, the Secretary of Energy, the Secretary of Veterans Affairs, the Secretary of the Interior, the Administrator of the Environmental Protection Agency, the Secretary of Labor, the Secretary of Housing and Urban Development, and the Secretary of the Treasury, as appropriate, in developing additional indicators for the corps and programs described in subsections (a) and (b).
(h) Requirements for tutors
(1) In general
Except as provided in paragraph (2), the Corporation shall require that each recipient of assistance under the national service laws that operates a tutoring program involving elementary school or secondary school students certifies that individuals serving in approved national service positions as tutors in such program have—
(A) obtained their high school diplomas; and
(B) successfully completed pre- and in-service training for tutors.
(2) Exception
The requirements in paragraph (1) do not apply to an individual serving in an approved national service position who is enrolled in an elementary school or secondary school and is providing tutoring services through a structured, school-managed cross-grade tutoring program.
(i) Requirements for tutoring programs
Each tutoring program that receives assistance under the national service laws shall—
(1) offer a curriculum that is high quality, research-based, and consistent with the State academic content standards required by
(2) offer high quality, research-based pre- and in-service training for tutors.
(j) Citizenship training
The Corporation shall establish guidelines for recipients of assistance under the national service laws, that are consistent with the principles on which citizenship programs administered by U.S. Citizenship and Immigration Services are based, relating to the promotion of citizenship and civic engagement among participants in approved national service positions and approved summer of service positions, and appropriate to the age, education, and experience of the participants.
(k) Report
Not later than 60 days after the end of each fiscal year for which the Corporation makes grants under
(1) information describing how the Corporation allocated financial assistance and approved national service positions among eligible entities proposed to carry out corps and national service programs described in this section for that fiscal year;
(2) information describing the amount of financial assistance and the number of approved national service positions the Corporation provided to each corps and national service program described in this section for that fiscal year;
(3) a measure of the extent to which the corps and national service programs improved performance on the corresponding indicators; and
(4) information describing how the Corporation is coordinating—
(A) the national service programs funded under this section; with
(B) applicable programs, as determined by the Corporation, carried out under division B of this subchapter, and part A of title I and parts A and B of title II of the Domestic Volunteer Service Act of 1973 (
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (b)(2)(F)(ii) and (f)(1)(A), was in the original "this Act", meaning
The Higher Education Act of 1965, referred to in subsec. (c)(1)(C)(i), is
The Domestic Volunteer Service Act of 1973, referred to in subsec. (k)(4)(B), is
Prior Provisions
A prior section 12572,
A prior section 122 of
Amendments
2015—Subsec. (a)(1)(C)(iii).
2009—
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
Effective Date of 2009 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1993, see section 123 of
1 So in original. Probably should be followed by "or".
2 So in original. The comma probably should not appear.
3 So in original. Probably should be "paragraph".
4 See References in Text note below.
§12573. Types of national service positions eligible for approval for national service educational awards
The Corporation may approve of any of the following service positions as an approved national service position that includes the national service educational award described in division D as one of the benefits to be provided for successful service in the position:
(1) A position for a participant in a national service program described in subsection (a), (b), or (c) of
(2) A position for a participant in a program that—
(A) is carried out by a State, a subdivision of a State, a territory, an Indian tribe, a public or private nonprofit organization, an institution of higher education, or a Federal agency (under an interagency agreement described in
(B) would be eligible to receive assistance under
(3) A position involving service as a VISTA volunteer under title I of the Domestic Volunteer Service Act of 1973 (
(4) A position facilitating service-learning in a program described in
(5) A position for a participant in the National Civilian Community Corps under division E.
(6) A position involving service as a crew leader in a youth corps program or a similar position supporting a national service program that receives an approved national service position.
(7) A position involving service in the ServeAmerica Fellowship program carried out under
(8) Such other national service positions as the Corporation considers to be appropriate.
(
Editorial Notes
References in Text
The Domestic Volunteer Service Act of 1973, referred to in par. (3), is
Prior Provisions
A prior section 12573,
A prior section 123 of
Amendments
2009—Par. (1).
Par. (2)(A).
Par. (4).
Par. (5).
Pars. (7), (8).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1993, see section 123 of
§12574. Types of program assistance
(a) Planning assistance
The Corporation may provide assistance under
(b) Operational assistance
The Corporation may provide assistance under
(c) Replication assistance
The Corporation may provide assistance under
(d) Application to subgrants
The requirements of this section shall apply to any State or other applicant receiving assistance under
(
Editorial Notes
Prior Provisions
A prior section 12574,
A prior section 124 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1993, see section 123 of
§12575. Repealed. Pub. L. 111–13, title I, §1304, Apr. 21, 2009, 123 Stat. 1500
Section,
A prior section 12575,
Editorial Notes
Prior Provisions
A prior section 125 of
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 2009, see section 6101(a) of
§12576. Other special assistance
(a) Support for State Commissions
(1) Grants authorized
From amounts appropriated for a fiscal year pursuant to the authorization of appropriation in
(2) Matching requirement
In making a grant to a State under this subsection, the Corporation shall require the State to agree to provide matching funds from non-Federal sources of not less than $1 for every $1 provided by the Corporation through the grant.
(3) Alternative
Notwithstanding paragraph (2), the Chief Executive Officer may permit a State that demonstrates hardship or a new State Commission to meet alternative matching requirements for such a grant as follows:
(A) First $100,000
For the first $100,000 of grant funds provided by the Corporation, the State involved shall not be required to provide matching funds.
(B) Amounts greater than $100,000
For grant amounts of more than $100,000 and not more than $250,000 provided by the Corporation, the State shall agree to provide matching funds from non-Federal sources of not less than $1 for every $2 provided by the Corporation, in excess of $100,000.
(C) Amounts greater than $250,000
For grant amounts of more than $250,000 provided by the Corporation, the State shall agree to provide matching funds from non-Federal sources of not less than $1 for every $1 provided by the Corporation, in excess of $250,000.
(b) Disaster service
The Corporation may undertake activities, including activities carried out through part A of title I of the Domestic Volunteer Service Act of 1973 (
(c) Challenge grants for national service programs
(1) Assistance authorized
The Corporation may make challenge grants under this subsection to programs supported under the national service laws.
(2) Selection criteria
The Corporation shall develop criteria for the selection of recipients of challenge grants under this subsection, so as to make the grants widely available to a variety of programs that—
(A) are high-quality national service programs; and
(B) are carried out by entities with demonstrated experience in establishing and implementing projects that provide benefits to participants and communities.
(3) Amount of assistance
A challenge grant under this subsection may provide, for an initial 3-year grant period, not more than $1 of assistance under this subsection for each $1 in cash raised from private sources by the program supported under the national service laws in excess of amounts required to be provided by the program to satisfy matching funds requirements. After an initial 3-year grant period, a grant under this subsection may provide not more than $1 of assistance under this subsection for each $2 in cash raised from private sources by the program in excess of amounts required to be provided by the program to satisfy matching funds requirements. The Corporation may permit the use of local or State funds under this paragraph in lieu of cash raised from private sources if the Corporation determines that such use would be equitable due to a lack of available private funds at the local level. The Corporation shall establish a ceiling on the amount of assistance that may be provided to a national service program under this subsection.
(
Editorial Notes
References in Text
The Domestic Volunteer Service Act of 1973, referred to in subsec. (b), is
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b), is
Prior Provisions
Prior sections 12576 to 12580, which related to national and community service, were omitted in the general amendment of subtitle D of title I of
Section 12576,
A prior section 126 of
Section 12577,
Section 12578,
Section 12579,
Section 12580,
Amendments
2009—Subsec. (a)(1).
Subsec. (a)(2), (3).
"(A) 85 percent of the total cost to establish or operate the State Commission for the first year for which the State Commission receives assistance under this subsection; and
"(B) such smaller percentage of such cost as the Corporation may establish for the second, third, and fourth years of such assistance in order to ensure that the Federal share does not exceed 50 percent of such costs for the fifth year, and any subsequent year, for which the State Commission receives assistance under this subsection."
Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1993, see section 123 of
Part II—Application and Approval Process
§12581. Provision of assistance and approved national service positions
(a) One percent allotment for certain territories
Of the funds allocated by the Corporation for provision of assistance under
(b) Allotment for Indian tribes
Of the funds allocated by the Corporation for provision of assistance under
(c) Reservation of approved positions
The Corporation shall ensure that each individual selected during a fiscal year for assignment as a VISTA volunteer under title I of the Domestic Volunteer Service Act of 1973 (
(d) Allotment for competitive grants
(1) In general
Of the funds allocated by the Corporation for provision of assistance under
(2) Equitable treatment
In the consideration of applications for such grants, the Corporation shall ensure the equitable treatment of applicants from urban areas, applicants from rural areas, applicants of diverse sizes (as measured by the number of participants served), applicants from States, and applicants from national nonprofit organizations.
(3) Encore service programs
In making grants under this subsection for a fiscal year, the Corporation shall make an effort to allocate not less than 10 percent of the financial assistance and approved national service positions provided through the grants for that fiscal year to eligible entities proposing to carry out encore service programs, unless the Corporation does not receive a sufficient number of applications of adequate quality to justify making that percentage available to those eligible entities.
(4) Corps programs
In making grants under this subsection for a fiscal year, the Corporation—
(A) shall select 2 or more of the national service corps described in
(B) may select national service programs described in
(e) Allotment to certain States on formula basis
(1) Grants
Of the funds allocated by the Corporation for provision of assistance under
(2) Allotments
The Corporation shall allot for a grant to each such State under this subsection for a fiscal year an amount that bears the same ratio to 35.3 percent of the allocated funds for that fiscal year as the population of the State bears to the total population of the several States, the District of Columbia, and the Commonwealth of Puerto Rico, in compliance with paragraph (3).
(3) Minimum amount
Notwithstanding paragraph (2), the minimum grant made available to each State approved by the Corporation under paragraph (1) for each fiscal year shall be at least $600,000, or 0.5 percent of the amount allocated for the State formula under this subsection for the fiscal year, whichever is greater.
(f) Effect of failure to apply
If a State or territory fails to apply for, or fails to give notice to the Corporation of its intent to apply for, an allotment under this section, or the Corporation does not approve the application consistent with
(1) make grants (and provide approved national service positions in connection with such grants) to other community-based entities under
(2) make reallotments to other States or territories with approved applications submitted under
(g) Application required
The Corporation shall make an allotment of assistance (including the provision of approved national service positions) to a recipient under this section only pursuant to an application submitted by a State or other applicant under
(h) Approval of positions subject to available funds
The Corporation may not approve positions as approved national service positions under this division for a fiscal year in excess of the number of such positions for which the Corporation has sufficient available funds in the National Service Trust for that fiscal year, taking into consideration funding needs for national service educational awards under division D based on completed service. If appropriations are insufficient to provide the maximum allowable national service educational awards under division D for all eligible participants, the Corporation is authorized to make necessary and reasonable adjustments to program rules.
(i) Sponsorship of approved national service positions
(1) Sponsorship authorized
The Corporation may enter into agreements with persons or entities who offer to sponsor national service positions for which the person or entity will be responsible for supplying the funds necessary to provide a national service educational award. The distribution of those approved national service positions shall be made pursuant to the agreement, and the creation of those positions shall not be taken into consideration in determining the number of approved national service positions to be available for distribution under this section.
(2) Deposit of contribution
Funds provided pursuant to an agreement under paragraph (1) shall be deposited in the National Service Trust established in
(j) Reservation of funds for special assistance
(1) Reservation
From amounts appropriated for a fiscal year pursuant to the authorization of appropriations in
(2) Limitation
The amount reserved under paragraph (1) for a fiscal year may not exceed $10,000,000.
(3) Timing
The Corporation shall reserve such amount, and any amount reserved under subsection (k) from funds appropriated and allocated to carry out this division, before allocating funds for the provision of assistance under any other provision of this division.
(k) Reservation of funds to increase the participation of individuals with disabilities
(1) Reservation
To make grants to public or private nonprofit organizations to increase the participation of individuals with disabilities in national service and for demonstration activities in furtherance of this purpose, and subject to the limitation in paragraph (2), the Chief Executive Officer shall reserve not less than 2 percent from the amounts, appropriated to carry out this division and divisions D, E, and H for each fiscal year.
(2) Limitation
The amount reserved under paragraph (1) for a fiscal year may not exceed $20,000,000.
(3) Remainder
The Chief Executive Officer may use the funds reserved under paragraph (1), and not distributed to make grants under this subsection for other activities described in
(l) Authority for fixed-amount grants
(1) In general
(A) Authority
From amounts appropriated for a fiscal year to provide financial assistance under the national service laws, the Corporation may provide assistance in the form of fixed-amount grants in an amount determined by the Corporation under paragraph (2) rather than on the basis of actual costs incurred by a program.
(B) Limitation
Other than fixed-amount grants to support programs described in
(2) Determination of amount of fixed-amount grants
A fixed-amount grant authorized by this subsection shall be in an amount determined by the Corporation that is—
(A) significantly less than the reasonable and necessary costs of administering the program supported by the grant; and
(B) based on an amount per individual enrolled in the program receiving the grant, taking into account—
(i) the capacity of the entity carrying out the program to manage funds and achieve programmatic results;
(ii) the number of approved national service positions, approved silver scholar positions, or approved summer of service positions for the program, if applicable;
(iii) the proposed design of the program;
(iv) whether the program provides service to, or involves the participation of, disadvantaged youth or otherwise would reasonably incur a relatively higher level of costs; and
(v) such other factors as the Corporation may consider under
(3) Requirements for grant recipients
In awarding a fixed-amount grant under this subsection, the Corporation—
(A) shall require the grant recipient—
(i) to return a pro rata amount of the grant funds based upon the difference between the number of hours served by a participant and the minimum number of hours for completion of a term of service (as established by the Corporation);
(ii) to report on the program's performance on standardized measures and performance levels established by the Corporation;
(iii) to cooperate with any evaluation activities undertaken by the Corporation; and
(iv) to provide assurances that additional funds will be raised in support of the program, in addition to those received under the national service laws; and
(B) may adopt other terms and conditions that the Corporation considers necessary or appropriate based on the relative risks (as determined by the Corporation) associated with any application for a fixed-amount grant.
(4) Other requirements not applicable
Limitations on administrative costs and matching fund documentation requirements shall not apply to fixed-amount grants provided in accordance with this subsection.
(5) Rule of construction
Nothing in this subsection shall relieve a grant recipient of the responsibility to comply with the requirements of
(
Editorial Notes
References in Text
The Domestic Volunteer Service Act of 1973, referred to in subsec. (c), is
For the effective date of the Serve America Act, referred to in subsec. (l)(1)(B), as Oct. 1, 2009, see section 6101(a) of
Prior Provisions
A prior section 129 of
Amendments
2009—
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1993, see section 123 of
§12581a. Educational awards only program
(a) In general
From amounts appropriated for a fiscal year to provide financial assistance under this division and consistent with the restriction in subsection (b), the Corporation may, through fixed-amount grants (in accordance with
(b) Limit on Corporation grant funds
The Corporation may provide the operational support under this section for a program in an amount that is not more than $800 per individual enrolled in an approved national service position, or not more than $1,000 per such individual if at least 50 percent of the persons enrolled in the program are disadvantaged youth.
(c) Inapplicable provisions
The following provisions shall not apply to programs funded under this section:
(1) The limitation on administrative costs under
(2) The matching funds requirements under
(3) The living allowance and other benefits under
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
§12582. Application for assistance and approved national service positions
(a) Time, manner, and content of application
To be eligible to receive assistance under
(b) Types of permissible application information
In order to have adequate information upon which to consider an application under
(1) A description of the national service programs proposed to be carried out directly by the applicant using assistance provided under
(2) A description of the national service programs that are selected by the applicant to receive a grant using assistance requested under
(3) A description of other funding sources to be used, or sought to be used, for the national service programs referred to in paragraphs (1) and (2), and, if the application is submitted for the purpose of seeking a renewal of assistance, a description of the success of the programs in reducing their reliance on Federal funds.
(4) A description of the extent to which the projects to be conducted using the assistance will address unmet human, educational, environmental, or public safety needs and produce a direct benefit for the community in which the projects are performed.
(5) A description of the plan to be used to recruit participants, including youth who are individuals with disabilities and economically disadvantaged young men and women, for the national service programs referred to in paragraphs (1) and (2).
(6) A description of the manner in which the national service programs referred to in paragraphs (1) and (2) build on existing programs, including Federal programs.
(7) A description of the manner in which the national service programs referred to in paragraphs (1) and (2) will involve participants—
(A) in projects that build an ethic of civic responsibility and produce a positive change in the lives of participants through training and participation in meaningful service experiences and opportunities for reflection on such experiences; and
(B) in leadership positions in implementing and evaluating the program.
(8) Measurable goals for the national service programs referred to in paragraphs (1) and (2), and a strategy to achieve such goals, in terms of—
(A) the impact to be made in meeting unmet human, educational, environmental, or public safety needs; and
(B) the service experience to be provided to participants in the programs.
(9) A description of the manner and extent to which the national service programs referred to in paragraphs (1) and (2) conform to the national service priorities established by the Corporation under
(10) A description of the past experience of the applicant in operating a comparable program or in conducting a grant program in support of other comparable service programs.
(11) A description of the type and number of proposed service positions in which participants will receive the national service educational award described in division D and a description of the manner in which approved national service positions will be apportioned by the applicant.
(12) A description of the manner and extent to which participants, representatives of the community served, community-based agencies with a demonstrated record of experience in providing services, municipalities and governments of counties in which such a community is located, and labor organizations contributed to the development of the national service programs referred to in paragraphs (1) and (2), including the identity of the individual representing each appropriate labor organization (if any) who was consulted and the nature of the consultation.
(13) Such other information as the Corporation may reasonably require.
(c) Required application information
An application submitted under subsection (a) shall contain the following information:
(1) A description of the proposed positions into which participants will be placed using the assistance provided under
(2) A description of the proposed minimum qualifications that individuals shall meet to become participants in such programs.
(3) In the case of a nonprofit organization intending to operate programs in 2 or more States, a description of the manner in which and extent to which the organization consulted with the State Commissions of each State in which the organization intends to operate and the nature of the consultation.
(d) Additional required application information
An application submitted under subsection (a) for programs described in 12572(a) 1 of this title shall also contain—
(1) measurable goals, to be used for annual measurements of the program's performance on 1 or more of the corresponding indicators described in
(2) information describing how the applicant proposes to utilize funds to improve performance on the corresponding indicators utilizing participants, including describing the activities in which such participants will engage to improve performance on those indicators;
(3) information identifying the geographical area in which the eligible entity proposing to carry out the program proposes to use funds to improve performance on the corresponding indicators, and demographic information on the students or individuals, as appropriate, in such area, and statistics demonstrating the need to improve such indicators in such area; and
(4) if applicable, information on how the eligible entity will work with other community-based entities to carry out activities to improve performance on the corresponding indicators using such funds.
(e) Application to receive only approved national service positions
(1) Applicability of subsection
This subsection shall apply in the case of an application in which—
(A) the applicant is not seeking assistance under
(B) the applicant requests national service educational awards for service positions described in
(2) Special application requirements
For the applications described in paragraph (1), the Corporation shall establish special application requirements in order to determine—
(A) whether the service positions meet unmet human, educational, environmental, or public safety needs and meet the criteria for assistance under this division; and
(B) whether the Corporation should approve the positions as approved national service positions.
(f) Special rule for State applicants
(1) Submission by State Commission
The application of a State for approved national service positions or for a grant under
(2) Competitive selection
The application of a State shall contain an assurance that all assistance provided under
(3) Assistance to non-State entities
The application of a State shall also contain an assurance that not less than 60 percent of the assistance will be used to make grants in support of national service programs other than national service programs carried out by a State agency. The Corporation may permit a State to deviate from the percentage specified by this subsection if the State has not received a sufficient number of acceptable applications to comply with the percentage.
(g) Special rule for certain applicants
(1) Written concurrence
In the case of an applicant that proposes to also serve as the service sponsor, the application shall include the written concurrence of any local labor organization representing employees of the service sponsor who are engaged in the same or substantially similar work as that proposed to be carried out.
(2) Applicant defined
For purposes of this subsection, the term "applicant" means—
(A) a State, subdivision of a State, territory, Indian tribe, public or private nonprofit organization, or institution of higher education submitting an application under this section; or
(B) an entity applying for assistance or approved national service positions through a grant program conducted using assistance provided to a State, subdivision of a State, territory, Indian tribe, public or private nonprofit organization, or institution of higher education under
(h) Limitation on same project receiving multiple grants
Unless specifically authorized by law, the Corporation may not provide more than 1 grant under the national service laws for a fiscal year to support the same project under the national service laws.
(
Editorial Notes
Prior Provisions
A prior section 130 of
Amendments
2009—Subsec. (a).
Subsec. (b)(9).
Subsec. (b)(12).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (d).
Subsec. (d)(1).
Subsecs. (e), (f).
Subsec. (f)(2).
Subsec. (g).
Subsec. (g)(1).
Subsec. (g)(2).
Subsec. (g)(2)(A), (B).
Subsec. (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1993, see section 123 of
1 So in original. Probably should be preceded by "section".
§12583. National service program assistance requirements
(a) Impact on communities
An application submitted under
(1) address unmet human, educational, environmental, or public safety needs through services that provide a direct benefit to the community in which the service is performed; and
(2) comply with the nonduplication and nondisplacement requirements of
(b) Impact on participants
An application submitted under
(1) provide participants in the national service program with the training, skills, and knowledge necessary for the projects that participants are called upon to perform;
(2) provide support services to participants, such as the provision of appropriate information and support—
(A) to those participants who are completing a term of service and making the transition to other educational and career opportunities; and
(B) to those participants who are school dropouts in order to assist those participants in earning the equivalent of a high school diploma; and
(3) provide, if appropriate, structured opportunities for participants to reflect on their service experiences.
(c) Consultation
An application submitted under
(1) provide in the design, recruitment, and operation of the program for broad-based input from—
(A) the community served, the municipality and government of the county (if appropriate) in which the community is located, and potential participants in the program; and
(B) community-based agencies with a demonstrated record of experience in providing services and local labor organizations representing employees of service sponsors, if these entities exist in the area to be served by the program;
(2) prior to the placement of participants, consult with the appropriate local labor organization, if any, representing employees in the area who are engaged in the same or similar work as that proposed to be carried out by such program to ensure compliance with the nondisplacement requirements specified in
(3) in the case of a program that is not funded through a State (including a national service program that a nonprofit organization seeks to operate in 2 or more States), consult with and coordinate activities with the State Commission for each State in which the program will operate, and the Corporation shall obtain confirmation from the State Commission that the applicant seeking assistance under this chapter has consulted with and coordinated with the State Commission when seeking to operate the program in that State.
(d) Evaluation and performance goals
(1) In general
An application submitted under
(A) arrange for an independent evaluation of any national service program carried out using assistance provided to the applicant under
(B) apply measurable performance goals and evaluation methods (such as the use of surveys of participants and persons served), which are to be used as part of such evaluation to determine the impact of the program—
(i) on communities and persons served by the projects performed by the program;
(ii) on participants who take part in the projects; and
(iii) in such other areas as the Corporation may require; and
(C) cooperate with any evaluation activities undertaken by the Corporation.
(2) Evaluation
Subject to paragraph (3), the Corporation shall develop evaluation criteria and performance goals applicable to all national service programs carried out with assistance provided under
(3) Alternative evaluation requirements
The Corporation may establish alternative evaluation requirements for national service programs based upon the amount of assistance received under
(e) Living allowances and other inservice benefits
Except as provided in
(1) ensure the provision of a living allowance and other benefits specified in
(2) require that each national service program that receives a grant from the applicant using such assistance will also provide a living allowance and other benefits specified in
(f) Selection of participants from individuals recruited by Corporation or State Commissions
The Corporation may also require an assurance by the applicant that any national service program carried out by the applicant using assistance provided under
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (c)(3), was in the original "this Act", meaning
Prior Provisions
A prior section 131 of
Amendments
2009—Subsec. (c)(1)(A).
Subsec. (c)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1993, see section 123 of
§12584. Ineligible service categories
(a) In general
Except as provided in subsection (b), an application submitted to the Corporation under
(1) business organized for profit;
(2) labor union;
(3) partisan political organization;
(4) organization engaged in religious activities, unless such service does not involve the use of assistance provided under
(A) to give religious instruction;
(B) to conduct worship services;
(C) to provide instruction as part of a program that includes mandatory religious education or worship;
(D) to construct or operate facilities devoted to religious instruction or worship or to maintain facilities primarily or inherently devoted to religious instruction or worship; or
(E) to engage in any form of proselytization; or
(5) nonprofit organization that fails to comply with the restrictions contained in
(b) Regional Corporation
The requirement of subsection (a) relating to an assurance regarding direct benefits to businesses organized for profit shall not apply with respect to a Regional Corporation, as defined in section 3(g) of the Alaska Native Claims Settlement Act (
(
Editorial Notes
References in Text
The Alaska Native Claims Settlement Act, referred to in subsec. (b), is
Prior Provisions
A prior section 132 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1993, see section 123 of
§12584a. Prohibited activities and ineligible organizations
(a) Prohibited activities
An approved national service position under this division may not be used for the following activities:
(1) Attempting to influence legislation.
(2) Organizing or engaging in protests, petitions, boycotts, or strikes.
(3) Assisting, promoting, or deterring union organizing.
(4) Impairing existing contracts for services or collective bargaining agreements.
(5) Engaging in partisan political activities, or other activities designed to influence the outcome of an election to Federal office or the outcome of an election to a State or local public office.
(6) Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials.
(7) Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of proselytization, consistent with
(8) Consistent with
(A) business organized for profit;
(B) labor union;
(C) partisan political organization;
(D) nonprofit organization that fails to comply with the restrictions contained in
(E) organization engaged in the religious activities described in paragraph (7), unless the position is not used to support those religious activities.
(9) Providing abortion services or referrals for receipt of such services.
(10) Conducting a voter registration drive or using Corporation funds to conduct a voter registration drive.
(11) Carrying out such other activities as the Corporation may prohibit.
(b) Ineligibility
No assistance provided under this division may be provided to any organization that has violated a Federal criminal statute.
(c) Nondisplacement of employed workers or other volunteers
A participant in an approved national service position under this division may not be directed to perform any services or duties, or to engage in any activities, prohibited under the nonduplication, nondisplacement, or nonsupplantation requirements relating to employees and volunteers in
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
§12585. Consideration of applications
(a) Corporation consideration of certain criteria
The Corporation shall apply the criteria described in subsections (c) and (d) in determining whether—
(1) to approve an application submitted under
(2) to approve service positions described in the application as national service positions that include the national service educational award described in division D and provide such approved national service positions to the applicant.
(b) Application to subgrants
(1) In general
A State or other entity that uses assistance provided under
(2) Contents
The application of the State or other entity under
(A) a certification that the State or other entity used these criteria in the selection of national service programs to receive assistance;
(B) a description of the positions into which participants will be placed using such assistance, including descriptions of specific tasks to be performed by such participants; and
(C) a description of the minimum qualifications that individuals shall meet to become participants in such programs.
(c) Assistance criteria
The criteria required to be applied in evaluating applications submitted under
(1) The quality of the national service program proposed to be carried out directly by the applicant or supported by a grant from the applicant.
(2) The innovative aspects of the national service program, and the feasibility of replicating the program.
(3) The sustainability of the national service program, based on evidence such as the existence—
(A) of strong and broad-based community support for the program; and
(B) of multiple funding sources or private funding for the program.
(4) The quality of the leadership of the national service program, the past performance of the program, and the extent to which the program builds on existing programs.
(5) The extent to which participants of the national service program are recruited from among residents of the communities in which projects are to be conducted, and the extent to which participants and community residents are involved in the design, leadership, and operation of the program.
(6) The extent to which projects would be conducted in the following areas where they are needed most:
(A) Communities designated as empowerment zones or redevelopment areas, targeted for special economic incentives, or otherwise identifiable as having high concentrations of low-income people.
(B) Areas that are environmentally distressed.
(C) Areas adversely affected by Federal actions related to the management of Federal lands that result in significant regional job losses and economic dislocation.
(D) Areas adversely affected by reductions in defense spending or the closure or realignment of military installations.
(E) Areas that have an unemployment rate greater than the national average unemployment for the most recent 12 months for which satisfactory data are available.
(7) In the case of applicants other than States, the extent to which the application is consistent with the application under
(8) Such other criteria as the Corporation considers to be appropriate.
(d) Other considerations
(1) Geographic diversity
The Corporation shall ensure that recipients of assistance provided under
(2) Priorities
The Corporation may designate, under such criteria as may be established by the Corporation, certain national service programs or types of national service programs described in subsection (a), (b), or (c) of
(A) national service programs that—
(i) conform to the national service priorities in effect under
(ii) are innovative; and
(iii) are well established in 1 or more States at the time of the application and are proposed to be expanded to additional States using assistance provided under
(B) grant programs in support of other national service programs if the grant programs are to be conducted by nonprofit organizations with demonstrated and extensive expertise in the provision of services to meet human, educational, environmental, or public safety needs; and
(C) professional corps programs described in
(3) Additional priority
In making a competitive distribution of funds under
(A) proposed in an application submitted by a State Commission; and
(B) not one of the types of programs described in paragraph (2),
if the State Commission provides an adequate explanation of the reasons why it should not be a priority of such State to carry out any of such types of programs in the State.
(4) Review panel
The Corporation shall—
(A) establish panels of experts for the purpose of securing recommendations on applications submitted under
(B) consider the opinions of such panels prior to making such determinations.
(e) Emphasis on areas most in need
In making assistance available under
(1) are conducted in any of the areas described in subsection (c)(6) or on Federal or other public lands, to address unmet human, educational, environmental, or public safety needs in such areas or on such lands; and
(2) place a priority on the recruitment of participants who are residents of any of such areas or Federal or other public lands.
(f) Views of State Commission
In making competitive awards under
(g) Rejection of State applications
(1) Notification of State applicants
If the Corporation rejects an application submitted by a State Commission under
(2) Resubmission and reconsideration
The Corporation shall provide a State Commission notified under paragraph (1) with a reasonable opportunity to revise and resubmit the application. At the request of the State Commission, the Corporation shall provide technical assistance to the State Commission as part of the resubmission process. The Corporation shall promptly reconsider an application resubmitted under this paragraph.
(3) Reallotment
The amount of any State's allotment under
(
Editorial Notes
Prior Provisions
A prior section 133 of
Amendments
2009—Subsec. (b)(2)(B).
Subsec. (d)(2).
Subsec. (d)(2)(A) to (G).
Subsec. (d)(3).
Subsec. (e).
Subsec. (f).
Subsec. (f)(1).
Subsec. (f)(3).
Subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1993, see section 123 of
Part III—National Service Participants
§12591. Description of participants
(a) In general
For purposes of this division, an individual shall be considered to be a participant in a national service program carried out using assistance provided under
(1) meets such eligibility requirements, directly related to the tasks to be accomplished, as may be established by the program;
(2) is selected by the program to serve in a position with the program;
(3) is 17 years of age or older at the time the individual begins the term of service;
(4) has received a high school diploma or its equivalent, agrees to obtain a high school diploma or its equivalent (unless this requirement is waived based on an individual education assessment conducted by the program) and the individual did not drop out of an elementary or secondary school to enroll in the program, or is enrolled in an institution of higher education on an ability to benefit basis and is considered eligible for funds under
(5) is a citizen or national of the United States or lawful permanent resident alien of the United States.
(b) Special rules for certain youth programs
An individual shall be considered to be a participant in a youth corps program described in
(1) satisfies the requirements specified in subsection (a), except paragraph (3) of such subsection; and
(2) is between the ages of 16 and 25, inclusive, at the time the individual begins the term of service.
(c) Waiver
The Corporation may waive the requirements of subsection (a)(4) with respect to an individual if the program in which the individual seeks to become a participant conducts an independent evaluation demonstrating that the individual is incapable of obtaining a high school diploma or its equivalent.
(
Editorial Notes
Prior Provisions
A prior section 12591,
Amendments
2009—Subsec. (a)(3) to (6).
Subsec. (b).
Subsec. (b)(1).
Subsec. (c).
1994—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1993, see section 123 of
§12592. Selection of national service participants
(a) Selection process
Subject to subsections (b) and (c) and
(b) Nondiscrimination and nonpolitical selection of participants
The recruitment and selection of individuals to serve in national service programs receiving assistance under
(c) Second term
Acceptance into a national service program to serve a second term of service under
(d) Recruitment and placement
The Corporation and each State Commission shall establish a system to recruit individuals who desire to perform national service and to assist the placement of these individuals in approved national service positions, which may include positions available under titles I and II of the Domestic Volunteer Service Act of 1973 (
(e) National leadership pool
(1) Selection and training
From among individuals recruited under subsection (d), the Corporation may select individuals with significant leadership potential, as determined by the Corporation, to receive special training to enhance their leadership ability. The leadership training shall be provided by the Corporation directly or through a grant or contract.
(2) Emphasis on certain individuals
In selecting individuals to receive leadership training under this subsection, the Corporation shall make special efforts to select individuals who have served—
(A) in the Peace Corps;
(B) as VISTA volunteers;
(C) as participants in national service programs receiving assistance under
(D) as participants in programs receiving assistance under part D of this subchapter, as in effect on the day before September 21, 1993; or
(E) as members of the Armed Forces of the United States and who were honorably discharged from such service.
(3) Assignment
At the request of a program that receives assistance under the national service laws, the Corporation may assign an individual who receives leadership training under paragraph (1) to work with the program in a leadership position and carry out assignments not otherwise performed by regular participants. An individual assigned to a program shall be considered to be a participant of the program.
(f) Evaluation of service
The Corporation shall issue regulations regarding the manner and criteria by which the service of a participant shall be evaluated to determine whether the service is satisfactory and successful for purposes of eligibility for a second term of service or a national service educational award.
(
Editorial Notes
References in Text
The Domestic Volunteer Service Act of 1973, referred to in subsec. (d), is
The Rehabilitation Act of 1973, referred to in subsec. (d), is
Part D of this subchapter, as in effect on the day before September 21, 1993, referred to in subsec. (e)(2)(D), means former part D of this subchapter prior to the general amendment of subtitle D of title I of
Amendments
2009—Subsec. (a).
Subsec. (e)(2)(C).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1993, see section 123 of
§12593. Terms of service
(a) In general
As a condition of receiving a national service education award under division D, a participant in an approved national service position shall be required to perform full- or part-time national service for at least one term of service specified in subsection (b).
(b) Term of service
(1) Full-time service
An individual performing full-time national service in an approved national service position shall agree to participate in the program sponsoring the position for not less than 1,700 hours during a period of not more than 1 year.
(2) Part-time service
Except as provided in paragraph (3), an individual performing part-time national service in an approved national service position shall agree to participate in the program sponsoring the position for not less than 900 hours during a period of not more than 2 years.
(3) Reduction in hours of part-time service
The Corporation may reduce the number of hours required to be served to successfully complete part-time national service to a level determined by the Corporation, except that any reduction in the required term of service shall include a corresponding reduction in the amount of any national service educational award that may be available under division D with regard to that service.
(4) Extension of term for disaster purposes
(A) Extension
An individual in an approved national service position performing service directly related to disaster relief efforts may continue in a term of service for a period of 90 days beyond the period otherwise specified in, as appropriate, this subsection or
(B) Single term of service
A period of service performed by an individual in an originally-agreed to 1 term of service and service performed under this paragraph shall constitute a single term of service for purposes of subsections (b)(1) and (c) of
(C) Benefits
An individual performing service under this paragraph may continue to receive a living allowance and other benefits under
(c) Release from completing term of service
(1) Release authorized
A recipient of assistance under
(A) for compelling personal circumstances as determined by the organization responsible for granting the release, if the participant has otherwise performed satisfactorily and has completed at least 15 percent of the term of service; or
(B) for cause.
(2) Effect of release for compelling circumstances
If a participant eligible for release under paragraph (1)(A) is serving in an approved national service position, the recipient of assistance under
(A) to grant such release and certify the participant's eligibility for that portion of the national service educational award corresponding to the portion of the term of service actually completed, as provided in
(B) to permit the participant to temporarily suspend performance of the term of service for a period of up to 2 years (and such additional period as the Corporation may allow for extenuating circumstances) and, upon completion of such period, to complete the remainder of the term of service and obtain the entire national service educational award.
(3) Effect of release for cause
A participant released for cause may not receive any portion of the national service educational award.
(
Editorial Notes
Amendments
2009—Subsec. (b)(1).
Subsec. (b)(2).
"(A) not more than 2 years; or
"(B) not more than 3 years if the individual is enrolled in an institute of higher education while preforming all or a portion of the service."
Subsec. (b)(4).
Subsec. (c)(1)(A).
Subsec. (c)(2)(A).
Subsec. (c)(2)(B).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1993, see section 123 of
1 So in original. Probably should be "originally-agreed-to".
§12594. Living allowances for national service participants
(a) Provision of living allowance
(1) Living allowance required
Subject to paragraphs (2) and (3), a national service program carried out using assistance provided under
(2) Maximum living allowance
Except as provided in subsection (c), the total amount of an annual living allowance that may be provided to a participant in a national service program shall not exceed 200 percent of the average annual subsistence allowance provided to VISTA volunteers under
(3) Federal work-study students
The living allowance that may be provided under paragraph (1) to an individual whose term of service includes hours for which the individual receives a Federal work-study award under part C of title IV of the Higher Education Act of 1965 (
(4) Proration of living allowance
The amount provided as a living allowance under this subsection shall be prorated in the case of a participant who is authorized to serve a term of service that is less than 12 months.
(5) Waiver or reduction of living allowance
The Corporation may waive or reduce the requirement of paragraph (1) with respect to such national service program if such program demonstrates that—
(A) such requirement is inconsistent with the objectives of the program; and
(B) the amount of the living allowance that will be provided to each full-time participant is sufficient to meet the necessary costs of living (including food, housing, and transportation) in the area in which the program is located.
(6) Exemption
The requirement of paragraph (1) shall not apply to any program that was in existence on September 21, 1993.
(b) Coverage of certain employment-related taxes
To the extent a national service program that receives assistance under
(c) Exception from maximum living allowance for certain assistance
A professional corps program described in
(1) any assistance provided to the applicant under
(2) the national service program shall be operated directly by the applicant and shall meet urgent, unmet human, educational, environmental, or public safety needs, as determined by the Corporation.
(d) Health insurance
(1) In general
A State or other recipient of assistance under
(2) Option
A State or other recipient of assistance under
(e) Child care
(1) Availability
A State or other recipient of assistance under
(A) make child care available for children of each full-time participant who needs child care in order to participate in a national service program carried out or supported by the recipient using the assistance; or
(B) provide a child care allowance to each full-time participant in a national service program who needs such assistance in order to participate in the program.
(2) Guidelines
The Corporation shall establish guidelines regarding the circumstances under which child care shall be made available under this subsection and the value of any allowance to be provided.
(f) Individualized support services
A State or other recipient of assistance under
(
Editorial Notes
References in Text
The Higher Education Act of 1965, referred to in subsec. (a)(3), is
Prior Provisions
A prior section 140 of
Amendments
2009—Subsec. (a)(1).
Subsec. (a)(2), (3).
Subsec. (a)(4).
Subsec. (b).
"(1) the total average annual subsistence allowance provided to VISTA volunteers under
"(2) the annual living allowance established by the program."
Subsec. (c).
Subsec. (d)(1).
Subsec. (d)(2).
Subsecs. (g), (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1993, see section 123 of
1 See References in Text note below.
§12595. National service educational awards
(a) Eligibility generally
A participant in a national service program carried out using assistance provided to an applicant under
(1) serves in an approved national service position; and
(2) satisfies the eligibility requirements specified in
(b) Special rule for VISTA volunteers
A VISTA volunteer who serves in an approved national service position shall be ineligible for a national service educational award if the VISTA volunteer accepts the stipend authorized under
(
Editorial Notes
Prior Provisions
A prior section 141 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1993, see section 123 of
Division D—National Service Trust and Provision of Educational Awards
Editorial Notes
Codification
Subtitle D of title I of
§12601. Establishment of the National Service Trust
(a) Establishment
There is established in the Treasury of the United States an account to be known as the National Service Trust. The Trust shall consist of—
(1) from the amounts appropriated to the Corporation and made available to carry out this division, such amounts as the Corporation may designate to be available for the payment of—
(A) national service educational awards, summer of service educational awards, and silver scholar educational awards; and
(B) interest expenses pursuant to
(2) any amounts received by the Corporation as gifts, bequests, devises, or otherwise pursuant to
(3) any amounts recovered by the Corporation pursuant to
(4) the interest on, and proceeds from the sale or redemption of, any obligations held by the Trust.
(b) Investment of Trust
It shall be the duty of the Secretary of the Treasury to invest in full the amounts appropriated to the Trust. Except as otherwise expressly provided in instruments concerning a gift, bequest, devise, or other donation and agreed to by the Corporation, such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose, such obligations may be acquired on original issue at the issue price or by purchase of outstanding obligations at the market price. Any obligation acquired by the Trust may be sold by the Secretary at the market price.
(c) Expenditures from Trust
Amounts in the Trust shall be available, to the extent provided for in advance by appropriation, for—
(1) payments of national service educational awards, summer of service educational awards, and silver scholar educational awards in accordance with
(2) payments of interest in accordance with
(d) Reports to the authorizing committees on receipts and expenditures
Not later than March 1 of each year, the Corporation shall submit a report to the authorizing committees on the financial status of the Trust during the preceding fiscal year. Such report shall—
(1) specify the amount deposited to the Trust from the most recent appropriation to the Corporation, the amount received by the Corporation as gifts, bequests, devises, or otherwise pursuant to
(2) identify the number of individuals who are currently performing service to qualify, or have qualified, for national service educational awards, summer of service educational awards, or silver scholar awards;
(3) identify the number of individuals whose expectation to receive national service educational awards, summer of service educational awards, or silver scholar awards during the period covered by the report—
(A) has been reduced pursuant to
(B) has lapsed pursuant to
(4) estimate the number of additional approved national service positions, additional approved summer of service positions, and additional approved silver scholar positions that the Corporation will be able to make available on the basis of any accumulated surplus in the Trust above the amount required to provide national service educational awards, summer of service educational awards, or silver scholar awards to individuals identified under paragraph (2), including any amounts available as a result of the circumstances referred to in paragraph (3).
(
Editorial Notes
Prior Provisions
A prior section 12601,
A prior section 145 of
Amendments
2009—Subsec. (a)(1).
Subsec. (a)(1)(A).
Subsec. (a)(2).
Subsec. (a)(3), (4).
Subsec. (c).
Subsec. (d).
Subsec. (d)(2), (3).
Subsec. (d)(4).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1993, see section 123 of
Segal AmeriCorps Education Award
§12601a. Transfer of funds; notice to Congress
For fiscal year 2009 and thereafter, in addition to amounts otherwise provided to the National Service Trust, at no later than the end of the fifth fiscal year after the fiscal year for which funds are appropriated or otherwise made available, unobligated balances of appropriations available for grants under the National Service Trust Program under subtitle C of title I of the 1990 Act [
(
Editorial Notes
References in Text
The 1990 Act, referred to in text, is
Codification
Section was enacted as part of the appropriation act cited as the credit to this section, and not as part of the National and Community Service Act of 1990 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Similar Provisions
Similar provisions were contained in the following prior appropriation act:
§12602. Individuals eligible to receive an educational award from the Trust
(a) Eligible individuals
An individual shall receive a national service educational award, summer of service educational award, or silver scholar educational award from the National Service Trust if the organization responsible for the individual's supervision in a national service program certifies that the individual—
(1) met the applicable eligibility requirements for the approved national service position, approved silver scholar position, or approved summer of service position, as appropriate, in which the individual served;
(2)(A) for a full-time or part-time national service educational award, successfully completed the required term of service described in subsection (b)(1) in the approved national service position;
(B) for a partial educational award in accordance with
(i) satisfactorily performed prior to being granted a release for compelling personal circumstances under such section; and
(ii) completed at least 15 percent of the required term of service described in subsection (b) for the approved national service position;
(C) for a summer of service educational award, successfully completed the required term of service described in subsection (b)(2) in an approved summer of service position, as certified through a process determined by the Corporation through regulations consistent with
(D) for a silver scholar educational award, successfully completed the required term of service described in subsection (b)(3) in an approved silver scholar position, as certified through a process determined by the Corporation through regulations consistent with
(3) is a citizen or national of the United States or lawful permanent resident alien of the United States.
(b) Term of service
(1) Approved national service position
The term of service for an approved national service position shall not be less than the full- or part-time term of service specified in
(2) Approved summer of service position
The term of service for an approved summer of service position shall not be less than 100 hours of service during the summer months.
(3) Approved silver scholar position
The term of service for an approved silver scholar position shall be not less than 350 hours during a 1-year period.
(c) Limitation on receipt of national service educational awards
An individual may not receive, through national service educational awards and silver scholar educational awards, more than an amount equal to the aggregate value of 2 such awards for full-time service. The value of summer of service educational awards that an individual receives shall have no effect on the aggregate value of the national service educational awards the individual may receive.
(d) Time for use of educational award
(1) In general
Subject to paragraph (2), an individual eligible to receive a national service educational award or a silver scholar educational award under this section may not use such award after the end of the 7-year period beginning on the date the individual completes the term of service in an approved national service position or an approved silver scholar position, as applicable, that is the basis of the award. Subject to paragraph (2), an individual eligible to receive a summer of service educational award under this section may not use such award after the end of the 10-year period beginning on the date the individual completes the term of service in an approved summer of service position that is the basis of the award.
(2) Exception
The Corporation may extend the period within which an individual may use a national service educational award, summer of service educational award, or silver scholar educational award if the Corporation determines that the individual—
(A) was unavoidably prevented from using the national service educational award, summer of service educational award, or silver scholar educational award during the original 7-year period, or 10-year period, as appropriate; or
(B) performed another term of service in an approved national service position, approved summer of service position, or approved silver scholar position during that period.
(3) Term for transferred educational awards
For purposes of applying paragraphs (1) and (2)(A) to an individual who is eligible to receive an educational award as a designated individual (as defined in
(e) Suspension of eligibility for drug-related offenses
(1) In general
An individual who, after qualifying under this section or under
| If convicted of: | |
| The possession of a controlled substance: | Ineligibility period is: |
| 1st conviction | 1 year |
| 2nd conviction | 2 years |
| 3rd conviction | indefinite |
| The sale of a controlled substance: | |
| 1st conviction | 2 years |
| 2nd conviction | indefinite |
(2) Rehabilitation
An individual whose eligibility has been suspended under paragraph (1) shall resume eligibility before the end of the period determined under such paragraph if the individual satisfactorily completes a drug rehabilitation program that complies with such criteria as the Corporation shall prescribe for purposes of this paragraph.
(3) First convictions
An individual whose eligibility has been suspended under paragraph (1) and is convicted of a first offense may resume eligibility before the end of the period determined under such paragraph if the individual demonstrates that he or she has enrolled or been accepted for enrollment in a drug rehabilitation program described in paragraph (2).
(4) "Controlled substance" defined
As used in this subsection, the term "controlled substance" has the meaning given in
(5) Effective date
This subsection shall be effective upon publication by the Corporation in the Federal Register of criteria prescribed under paragraph (2).
(f) Authority to establish demonstration programs
The Corporation may establish by regulation demonstration programs for the creation and evaluation of innovative volunteer and community service programs.
(
Editorial Notes
Prior Provisions
A prior section 12602,
A prior section 146 of
Amendments
2009—
Subsec. (a).
Subsec. (a)(1), (2).
"(1) successfully completes the required term of service described in subsection (b) of this section in an approved national service position;
"(2) was 17 years of age or older at the time the individual began serving in the approved national service position or was an out-of-school youth serving in an approved national service position with a youth corps program described in
Subsec. (a)(3), (4).
"(A) has received a high school diploma, or the equivalent of such diploma;
"(B) is enrolled at an institution of higher education on the basis of meeting the standard described in paragraph (1) or (2) of subsection (a) of
"(C) has received a waiver described in
Subsec. (b).
Subsec. (c).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(2)(A).
Subsec. (d)(2)(B).
Subsec. (d)(3).
Subsec. (e)(1).
1994—Subsec. (a)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1993, see section 123 of
Study To Evaluate the Effectiveness of Agency Coordination
"(a)
"(1) review the feasibility of—
"(A) expanding, and participating in, the data matching conducted by the Department of Education with the Social Security Administration and the Department of Homeland Security, pursuant to section 484(g) of the Higher Education Act of 1965 (
"(B) establishing a comparable system of data matching with the Social Security Administration and the Department of Homeland Security; and
"(2) identify—
"(A) the costs, for both the Corporation and the other Federal agencies identified in paragraph (1), associated with expanding or establishing such a system of data matching;
"(B) the benefits or detriments of such an expanded or comparable system both for the Corporation and for the other Federal agencies so identified;
"(C) strategies for ensuring the privacy and security of participant information that is shared between Federal agencies and organizations receiving assistance under the national service laws;
"(D) the information that needs to be shared in order to fulfill the eligibility requirements of section 146(a)(3) of the National and Community Service Act of 1990 (
"(E) an alternative system through which an individual's compliance with section 146(a)(3) of such Act may be verified, should such an expanded or comparable system fail to verify the individual's declaration of compliance; and
"(F) recommendations for implementation of such an expanded or comparable system.
"(b)
"(c)
"(d)
"(e)
§12602a. Certifications of successful completion of terms of service
(a) Certifications
In making any authorized disbursement from the National Service Trust in regard to an eligible individual (including disbursement for a designated individual, as defined in
(b) Effect of erroneous certifications
If the Corporation determines that the certification under subsection (a) is erroneous or incorrect, the Corporation shall assess against the national service program a charge for the amount of any associated payment or potential payment from the National Service Trust. In assessing the amount of the charge, the Corporation shall consider the full facts and circumstances surrounding the erroneous or incorrect certification.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
§12603. Determination of the amount of the educational award
(a) Amount for full-time national service
Except as provided in subsection (c), an individual described in
(b) Amount for part-time national service
Except as provided in subsection (c), an individual described in
(c) Award for partial completion of service
If an individual serving in an approved national service position is released in accordance with
(d) Amount for summer of service
An individual described in
(e) Amount for silver scholars
An individual described in
(
Editorial Notes
Prior Provisions
A prior section 147 of
Amendments
2009—
Subsec. (a).
"(1) one-half of an amount equal to the aggregate basic educational assistance allowance provided in
"(2) one-half of the aggregate basic contribution required to be made by the member in section 3011(b) of such title (as in effect on July 28, 1993)."
Subsec. (b).
Subsecs. (d), (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1993, see section 123 of
§12604. Disbursement of educational awards
(a) In general
Amounts in the Trust shall be available—
(1) to repay student loans in accordance with subsection (b);
(2) to pay all or part of the cost of attendance or other educational expenses at an institution of higher education in accordance with subsection (c);
(3) to pay expenses incurred in participating in an approved school-to-work program in accordance with subsection (d);
(4) to pay expenses incurred in enrolling in an educational institution or training establishment that is approved under
(5) to pay interest expenses in accordance with regulations prescribed pursuant to subsection (e).
(b) Use of educational award to repay outstanding student loans
(1) Application by eligible individuals
An eligible individual under
(A) identifies, or permits the Corporation to identify readily, the holder or holders of such loans;
(B) indicates, or permits the Corporation to determine readily, the amounts of principal and interest outstanding on the loans;
(C) specifies, if the outstanding balance is greater than the amount disbursed under paragraph (2), which of the loans the individual prefers to be paid by the Corporation; and
(D) contains or is accompanied by such other information as the Corporation may require.
(2) Disbursement of repayments
Upon receipt of an application from an eligible individual of an application that complies with paragraph (1), the Corporation shall, as promptly as practicable consistent with paragraph (5), disburse the amount of the national service educational award, the summer of service educational award, or the silver scholar educational award, as applicable, that the eligible individual has earned. Such disbursement shall be made by check or other means that is payable to the holder of the loan and requires the endorsement or other certification by the eligible individual.
(3) Application of disbursed amounts
If the amount disbursed under paragraph (2) is less than the principal and accrued interest on any qualified student loan, such amount shall be applied according to the specified priorities of the individual.
(4) Reports by holders
Any holder receiving a loan payment pursuant to this subsection shall submit to the Corporation such information as the Corporation may require to verify that such payment was applied in accordance with this subsection and any regulations prescribed to carry out this subsection.
(5) Notification of individual
The Corporation upon disbursing the national service educational award, the summer of service educational award, or the silver scholar educational award, as applicable, shall notify the individual of the amount paid for each outstanding loan and the date of payment.
(6) Authority to aggregate payments
The Corporation may, by regulation, provide for the aggregation of payments to holders under this subsection.
(7) "Qualified student loans" defined
As used in this subsection, the term "qualified student loans" means—
(A) any loan made, insured, or guaranteed pursuant to title IV of the Higher Education Act of 1965 (
(B) any loan made pursuant to title VII or VIII of the Public Health Service Act [
(C) any loan (other than a loan described in subparagraph (A) or (B)) determined by an institution of higher education to be necessary to cover a student's educational expenses and made, insured, or guaranteed by—
(i) an eligible lender, as defined in section 435 of the Higher Education Act of 1965 (
(ii) the direct student loan program under part D of title IV of such Act (
(iii) a State agency; or
(iv) a lender otherwise determined by the Corporation to be eligible to receive disbursements from the National Service Trust.
(8) "Holder" defined
As used in this subsection, the term "holder" with respect to any eligible loan means the original lender or, if the loan is subsequently sold, transferred, or assigned to some other person, and such other person acquires a legally enforceable right to receive payments from the borrower, such other person.
(c) Use of educational awards to pay current educational expenses
(1) Application by eligible individual
An eligible individual under
(2) Submission of requests for payment by institutions
An institution of higher education that receives one or more applications that comply with paragraph (1) shall submit to the Corporation a statement, in a manner prescribed by the Corporation, that—
(A) identifies each eligible individual filing an application under paragraph (1) for a disbursement of the individual's national service educational award, summer of service educational award, or silver scholar educational award, as applicable, under this subsection;
(B) specifies the amounts for which such eligible individuals are, consistent with paragraph (6), qualified for disbursement under this subsection;
(C) certifies that—
(i) the institution of higher education has in effect a program participation agreement under section 487 of the Higher Education Act of 1965 (
(ii) the institution's eligibility to participate in any of the programs under title IV of such Act (
(iii) individuals using national service educational awards, summer of service educational awards, or silver scholar educational awards, as applicable, received under this division to pay for educational costs do not comprise more than 15 percent of the total student population of the institution; and
(D) contains such provisions concerning financial compliance as the Corporation may require.
(3) Disbursement of payments
Upon receipt of a statement from an institution of higher education that complies with paragraph (2), the Corporation shall, subject to paragraph (4), disburse the total amount of the national service educational awards 1 summer of service educational awards, or silver scholar educational awards for which eligible individuals who have submitted applications to that institution under paragraph (1) are scheduled to receive. Such disbursement shall be made by check or other means that is payable to the institution and requires the endorsement or other certification by the eligible individual.
(4) Multiple disbursements required
The total amount required to be disbursed to an institution of higher education under paragraph (3) for any period of enrollment shall be disbursed by the Corporation in 2 or more installments, none of which exceeds ½ of such total amount. The interval between the first and second such installment shall not be less than ½ of such period of enrollment, except as necessary to permit the second installment to be paid at the beginning of the second semester, quarter, or similar division of such period of enrollment.
(5) Refund rules
The Corporation shall, by regulation, provide for the refund to the Corporation (and the crediting to the national service educational award, summer of service educational award, or silver scholar educational award, as applicable, of an eligible individual) of amounts disbursed to institutions for the benefit of eligible individuals who withdraw or otherwise fail to complete the period of enrollment for which the assistance was provided. Such regulations shall be consistent with the fair and equitable refund policies required of institutions pursuant to section 484B of the Higher Education Act of 1965 (
(6) Maximum award
The portion of an eligible individual's total available national service educational award, summer of service educational award, or silver scholar educational award that may be disbursed under this subsection for any period of enrollment shall not exceed the difference between—
(A) the eligible individual's cost of attendance and other educational expenses for such period of enrollment, determined in accordance with section 472 of the Higher Education Act of 1965 (
(B) the student's estimated financial assistance for such period under part A of title IV of such Act (
(d) Use of educational award to participate in approved school-to-work programs
The Corporation shall by regulation provide for the payment of national service educational awards, summer of service educational awards, and silver scholar educational awards to permit eligible individuals to participate in school-to-work programs approved by the Secretaries of Labor and Education.
(e) Interest payments during forbearance on loan repayment
The Corporation shall provide by regulation for the payment on behalf of an eligible individual of interest that accrues during a period for which such individual has obtained forbearance in the repayment of a qualified student loan (as defined in subsection (b)(7)), if the eligible individual successfully completes the individual's required term of service (as determined under
(f) Transfer of educational awards
(1) In general
An individual who is eligible to receive a national service educational award or silver scholar educational award due to service in a program described in paragraph (2) may elect to receive the award (in the amount described in the corresponding provision of
(2) Conditions for transfer
An educational award may be transferred under this subsection if—
(A)(i) the award is a national service educational award for service in a national service program that receives a grant under division C; and
(ii) before beginning the term of service involved, the eligible individual is age 55 or older; or
(B) the award is a silver scholarship educational award under
(3) Modification or revocation
(A) In general
An individual transferring an educational award under this subsection may, on any date on which a portion of the educational award remains unused, modify or revoke the transfer of the educational award with respect to that portion.
(B) Notice
A modification or revocation of the transfer of an educational award under this paragraph shall be made by the submission of written notice to the Corporation.
(4) Prohibition on treatment of transferred award as marital property
An educational award transferred under this subsection may not be treated as marital property, or the asset of a marital estate, subject to division in a divorce or other civil proceeding.
(5) Death of transferor
The death of an individual transferring an educational award under this subsection shall not affect the use of the educational award by the child, foster child, or grandchild to whom the educational award is transferred if such educational award is transferred prior to the death of the individual.
(6) Procedures to prevent waste, fraud, or abuse
The Corporation shall establish requirements to prevent waste, fraud, or abuse in connection with the transfer of an educational award and to protect the integrity of the educational award under this subsection.
(7) Technical assistance
The Corporation may, as appropriate, provide technical assistance, to individuals and eligible entities carrying out national service programs, concerning carrying out this subsection.
(8) Definition of a designated individual
In this subsection, the term "designated individual" is an individual—
(A) whom an individual who is eligible to receive a national service educational award or silver scholar educational award due to service in a program described in paragraph (2) designates to receive the educational award;
(B) who meets the eligibility requirements of paragraphs (3) and (4) of
(C) who is a child, foster child, or grandchild of the individual described in subparagraph (A).
(g) Exception
With the approval of the Chief Executive Officer, an approved national service program funded under
(h) "Institution of higher education" defined
Notwithstanding
(
Editorial Notes
References in Text
The Higher Education Act of 1965, referred to in subsecs. (b)(7)(A), (C)(ii) and (c)(2)(C)(ii), (6)(B), is
The Public Health Service Act, referred to in subsec. (b)(7)(B), is act July 1, 1944, ch. 373,
Prior Provisions
A prior section 148 of
Amendments
2009—
Subsec. (a)(2) to (5).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(5).
Subsec. (b)(7)(C).
Subsec. (c)(1).
Subsec. (c)(2)(A).
Subsec. (c)(2)(C)(iii).
Subsec. (c)(3).
Subsec. (c)(5).
Subsec. (c)(6).
Subsec. (c)(6)(A).
Subsec. (c)(6)(B).
"(i) the student's estimated financial assistance for such period under part A of title IV of such Act (
"(ii) the student's veterans' education benefits, determined in accordance with section 480(c) of such Act (
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsecs. (g), (h).
1998—Subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1993, see section 123 of
1 So in original. Probably should be followed by a comma.
§12605. Repealed. Pub. L. 111–13, title I, §1406(b), Apr. 21, 2009, 123 Stat. 1521
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 2009, see section 6101(a) of
§12606. Approval process for approved positions
(a) Timing and recording requirements
(1) In general
Notwithstanding divisions C, D, and H, and any other provision of law, in approving a position as an approved national service position, an approved summer of service position, or an approved silver scholar position, the Corporation—
(A) shall approve the position at the time the Corporation—
(i) enters into an enforceable agreement with an individual participant to serve in a program carried out under division E of this subchapter,
(ii) except as provided in clause (i), awards a grant to (or enters into a contract or cooperative agreement with) an entity to carry out a program for which such a position is approved under
(B) shall record as an obligation an estimate of the net present value of the national service educational award, summer of service educational award, or silver scholar educational award associated with the position, based on a formula that takes into consideration historical rates of enrollment in such a program, and of earning and using national service educational awards, summer of service educational awards, or silver scholar educational awards, as appropriate, for such a program and remain available.
(2) Formula
In determining the formula described in paragraph (1)(B), the Corporation shall consult with the Director of the Congressional Budget Office.
(3) Certification report
The Chief Executive Officer of the Corporation shall annually prepare and submit to the authorizing committees a report that contains a certification that the Corporation is in compliance with the requirements of paragraph (1).
(4) Approval
The requirements of this subsection shall apply to each approved national service position, approved summer of service position, or approved silver scholarship position that the Corporation approves—
(A) during fiscal year 2010; and
(B) during any subsequent fiscal year.
(b) Reserve account
(1) Establishment and contents
(A) Establishment
Notwithstanding divisions C, D, and H, and any other provision of law, within the National Service Trust established under
(B) Contents
To ensure the availability of adequate funds to support the awards of approved national service positions, approved summer of service positions, and approved silver scholar positions, for each fiscal year, the Corporation shall place in the account—
(i) during fiscal year 2010, a portion of the funds that were appropriated for fiscal year 2010 or a previous fiscal year under
(ii) during fiscal year 2011 or a subsequent fiscal year, a portion of the funds that were appropriated for that fiscal year under
(2) Obligation
The Corporation shall not obligate the funds in the reserve account until the Corporation—
(A) determines that the funds will not be needed for the payment of national service educational awards associated with previously approved national service positions, summer of service educational awards associated with previously approved summer of service positions, and silver scholar educational awards associated with previously approved silver scholar positions; or
(B) obligates the funds for the payment of national service educational awards for such previously approved national service positions, summer of service educational awards for such previously approved summer of service positions, or silver scholar educational awards for such previously approved silver scholar positions, as applicable.
(c) Audits
The accounts of the Corporation relating to the appropriated funds for approved national service positions, approved summer of service positions, and approved silver scholar positions, and the records demonstrating the manner in which the Corporation has recorded estimates described in subsection (a)(1)(B) as obligations, shall be audited annually by independent certified public accountants or independent licensed public accountants certified or licensed by a regulatory authority of a State or other political subdivision of the United States in accordance with generally accepted auditing standards. A report containing the results of each such independent audit shall be included in the annual report required by subsection (a)(3).
(d) Availability of amounts
Except as provided in subsection (b), all amounts included in the National Service Trust under paragraphs (1), (2), and (3) of
(
Editorial Notes
References in Text
The Domestic Volunteer Service Act of 1973, referred to in subsecs. (a)(1)(A)(i) and (b)(1)(B)(i), (ii), is
Prior Provisions
A prior section 149 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
1 See References in Text note below.
Division E—National Civilian Community Corps
Editorial Notes
Codification
Subtitle E of title I of
Prior Provisions
This division is comprised of subtitle E, §§151–165, of title I of
§12611. Purpose
It is the purpose of this division to authorize the operation of, and support for, residential and other service programs that combine the best practices of civilian service with the best aspects of military service, including leadership and team building, to meet national and community needs. The needs to be met under such programs include those needs related to—
(1) natural and other disasters;
(2) infrastructure improvement;
(3) environmental stewardship and conservation;
(4) energy conservation; and
(5) urban and rural development.
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 12611,
Amendments
2009—
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
§12612. Establishment of National Civilian Community Corps Program
(a) In general
The Corporation may establish the National Civilian Community Corps Program to carry out the purpose of this division.
(b) Program components
Under the National Civilian Community Corps Program authorized by subsection (a), the members of a National Civilian Community Corps shall receive training and perform service in at least one of the following two program components:
(1) A national service program.
(2) A summer national service program.
(c) Residential components
Both programs referred to in subsection (b) may include a residential component.
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 12612,
Amendments
2009—
Subsec. (a).
Subsec. (b).
Subsec. (c).
1993—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by section 402(b)(2) of
Report and Study Requirements
Coordination of Programs
"(a)
"(b)
"(1) the programs referred to in subsection (a) are conducted in such a manner in relationship to each other that the public benefit of those programs is maximized;
"(2) to the maximum extent appropriate to meet the needs of program participants, persons who complete participation in the National Guard Youth Opportunities Program and are eligible and apply to participate in the Civilian Community Corps under the Civilian Community Corps Demonstration Program are accepted for participation in that Program; and
"(3) the programs referred to in subsection (a) are conducted simultaneously in competition with each other in the same immediate area of the United States only when the population of eligible participants in that area is sufficient to justify the simultaneous conduct of such programs in that area."
§12613. National service program
(a) In general
Under the national service program component of the National Civilian Community Corps Program authorized by
(b) Eligible participants
A person shall be eligible for selection for the national service program if the person—
(1) is, or will be, at least 18 years of age on or before December 31 of the calendar year in which the individual enrolls in the program, but is not more than 24 years of age as of the date the individual begins participating in the program; and
(2) is a high school graduate or has not received a high school diploma or its equivalent.
(c) Diverse backgrounds of participants
In selecting persons for the national service program, the Director shall endeavor to ensure that participants are from economically, geographically, and ethnically diverse backgrounds. The Director shall take appropriate steps, including through outreach and recruitment activities, to increase the percentage of participants in the program who are disadvantaged youth to 50 percent of all participants by year 2012. The Director shall report to the authorizing committees biennially on such steps, any challenges faced, and the annual participation rates of disadvantaged youth in the program.
(d) Period of participation
Persons desiring to participate in the national service program shall enter into an agreement with the Director to participate in the Corps for a period of not less than nine months and not more than one year, as specified by the Director, and may renew the agreement for not more than one additional such period.
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 12613,
Amendments
2009—Subsec. (a).
Subsec. (b)(1).
Subsec. (c).
Subsecs. (d), (e).
1993—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
§12614. Summer national service program
(a) In general
Under the summer national service program of the National Civilian Community Corps Program authorized by
(b) Necessary participants
To the extent practicable, at least 50 percent of the participants in the summer national service program shall be from economically and ethnically diverse backgrounds, including youth who are in foster care.
(c) Seasonal program
The training and service of Corps members under the summer national service program in each year shall be conducted after April 30 and before October 1 of that year.
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 12614,
Amendments
2009—Subsec. (a).
Subsec. (b).
1993—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
§12615. National Civilian Community Corps
(a) Director
Upon the establishment of the National Civilian Community Corps Program, the National Civilian Community Corps shall be under the direction of the Director appointed pursuant to
(b) Membership in National Civilian Community Corps
(1) Participants to be members
Persons selected to participate in the national service program or the summer national service program components of the Program shall become members of the National Civilian Community Corps.
(2) Selection of members
The Director or the Director's designee shall select individuals for membership in the Corps.
(3) Application for membership
To be selected to become a Corps member an individual shall submit an application to the Director or to any other office as the Director may designate, at such time, in such manner, and containing such information as the Director shall require. At a minimum, the application shall contain information about the work experience of the applicant and sufficient information to enable the Director, or the campus director of the appropriate campus, to determine whether selection of the applicant for membership in the Corps is appropriate.
(4) Team leaders
(A) In general
The Director may select individuals with prior supervisory or service experience to be team leaders within units in the National Civilian Community Corps, to perform service that includes leading and supervising teams of Corps members. Each team leader shall be selected without regard to the age limitation under
(B) Rights and benefits
A team leader shall be provided the same rights and benefits applicable to other Corps members, except that the Director may increase the limitation on the amount of the living allowance under
(c) Organization of Corps into units
(1) Units
The Corps shall be divided into permanent units. Each Corps member shall be assigned to a unit.
(2) Unit leaders
The leader of each unit shall be selected from among persons in the permanent cadre established pursuant to
(d) Campuses
(1) Units to be assigned to campuses
The units of the Corps shall be grouped together as appropriate in campuses for operational, support, and boarding purposes. The Corps campus for a unit shall be in a facility or central location established as the operational headquarters and boarding place for the unit. Corps members may be housed in the campuses.
(2) Campus director
There shall be a campus director for each campus. The campus director is the head of the campus.
(3) Eligible site for campus
A campus shall be cost effective and may, upon the completion of a feasibility study, be located in a facility referred to in
(e) Distribution of units and campuses
The Director shall ensure that the Corps units and campuses are cost effective and are distributed in urban areas and rural areas such that each Corps unit in a region can be easily deployed for disaster and emergency response to such region.
(f) Standards of conduct
(1) In general
The campus director of each campus shall establish and enforce standards of conduct to promote proper moral and disciplinary conditions in the campus.
(2) Sanctions
Under procedures prescribed by the Director, the campus director of a campus may—
(A) transfer a member of the Corps in that campus to another unit or campus if the campus director determines that the retention of the member in the member's unit or in the campus director's campus will jeopardize the enforcement of the standards or diminish the opportunities of other Corps members in that unit or campus, as the case may be; or
(B) dismiss a member of the Corps from the Corps if the campus director determines that retention of the member in the Corps will jeopardize the enforcement of the standards or diminish the opportunities of other Corps members.
(3) Appeals
Under procedures prescribed by the Director, a member of the Corps may appeal to the Director a determination of a campus director to transfer or dismiss the member. The Director shall provide for expeditious disposition of appeals under this paragraph.
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 12615,
A prior section 155 of
Amendments
2009—
Subsec. (a).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (d).
Subsec. (d)(1).
Subsec. (d)(2), (3).
Subsec. (e).
Subsec. (f)(1).
Subsec. (f)(2).
Subsec. (f)(2)(A).
Subsec. (f)(2)(B).
Subsec. (f)(3).
1994—Subsec. (e).
1993—Subsec. (a).
Subsec. (c)(2).
Subsec. (d)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by section 104(b), (e)(2)(C) of
§12616. Training
(a) Common curriculum
Each member of the National Civilian Community Corps shall be provided with between three and six weeks of training that includes a comprehensive service-learning curriculum designed to promote team building, discipline, leadership, work, training, citizenship, and physical conditioning. The Director shall ensure that, to the extent practicable, each member of the Corps is trained in CPR, first aid, and other skills related to disaster preparedness and response.
(b) Advanced service training
(1) National service program
Members of the Corps participating in the national service program shall receive advanced training in basic, project-specific skills that the members will use in performing their community service projects, including a focus on energy conservation, environmental stewardship or conservation, infrastructure improvement, urban and rural development, or disaster preparedness needs, as appropriate.
(2) Summer national service program
Members of the Corps participating in the summer national service program shall not receive advanced training referred to in paragraph (1) but, to the extent practicable, may receive other training.
(c) Training personnel
(1) In general
Members of the cadre appointed under
(2) Coordination with other entities
Members of the cadre may provide, either directly or through grants, contracts, or cooperative agreements, the advanced service training referred to in subsection (b)(1) in coordination with vocational or technical schools, other employment and training providers, existing youth service programs, other qualified individuals, or organizations with expertise in training youth, including disadvantaged youth, in the skills described in such subsection.
(d) Facilities
The training may be provided at installations and other facilities of the Department of Defense, and at National Guard facilities, identified under
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 156 of
Amendments
2009—Subsec. (a).
Subsec. (b)(1).
Subsec. (c)(2).
Subsec. (d).
1993—Subsec. (c)(1).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
§12617. Service projects
(a) Project requirements
The service projects carried out by the National Civilian Community Corps shall—
(1) meet an identifiable public need, with specific emphasis on projects in support of infrastructure improvement, energy conservation, and urban and rural development;
(2) emphasize the performance of community service activities that provide meaningful community benefits and opportunities for service-learning and skills development;
(3) to the maximum extent practicable, encourage work to be accomplished in teams of diverse individuals working together; and
(4) include continued education and training in various technical fields.
(b) Project proposals
(1) Development of proposals
(A) Specific executive departments
Upon the establishment of the Program, the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Housing and Urban Development, the Administrator of the Environmental Protection Agency, the Administrator of the Federal Emergency Management Agency, the Secretary of Energy, the Secretary of Transportation, and the Chief of the Forest Service shall develop proposals for Corps projects pursuant to guidance which the Director shall prescribe.
(B) Other sources
Other public and private organizations and agencies, including community-based entities and representatives of local communities in the vicinity of a Corps campus, may develop proposals for projects for a Corps campus. Corps members shall also be encouraged to identify projects for the Corps.
(2) Consultation requirements
The process for developing project proposals under paragraph (1) shall include consultation with the Corporation, representatives of local communities, State Commissions, and persons involved in other youth service programs.
(c) Project selection, organization, and performance
(1) Selection
The campus director of a Corps campus shall select the projects to be performed by the members of the Corps assigned to the units in that campus. The campus director shall select projects from among the projects proposed or identified pursuant to subsection (b).
(2) Innovative local arrangements for project performance
The Director shall encourage campus directors to negotiate with representatives of local communities, to the extent practicable, innovative arrangements for the performance of projects. The arrangements may provide for cost-sharing and the provision by the communities of in-kind support and other support.
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 157 of
Amendments
2009—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b)(1)(A).
Subsec. (b)(1)(B).
Subsec. (b)(2).
Subsec. (c)(1).
Subsec. (c)(2).
1993—Subsec. (b)(1)(A).
Subsec. (b)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by section 402(b)(2) of
§12618. Authorized benefits for Corps members
(a) In general
The Director shall provide for members of the National Civilian Community Corps to receive benefits authorized by this section.
(b) Living allowance
The Director shall provide a living allowance to members of the Corps for the period during which such members are engaged in training or any activity on a Corps project. The Director shall establish the amount of the allowance at any amount not in excess of the amount equal to 100 percent of the poverty line that is applicable to a family of two (as defined by the Office of Management and Budget and revised annually in accordance with
(c) Other authorized benefits
While receiving training or engaging in service projects as members of the National Civilian Community Corps, members may be provided the following benefits, as the Director determines appropriate:
(1) Allowances for travel expenses, personal expenses, and other expenses.
(2) Quarters.
(3) Subsistence.
(4) Transportation.
(5) Equipment.
(6) Uniforms.
(7) Supplies.
(8) Other services determined by the Director to be consistent with the purposes of the Program.
(d) Supportive services
As the Director determines appropriate, the Director may provide each member of the Corps with health care services, child care services, counseling services, and other supportive services.
(e) Post-service benefits
Upon completion of the agreed period of service with the Corps, a member shall elect to receive the educational assistance under subsection (f) or the cash benefit under subsection (g).
(f) National service educational awards
A Corps member who successfully completes a period of agreed service in the Corps may receive the national service educational award described in division D if the Corps member—
(1) serves in an approved national service position; and
(2) satisfies the eligibility requirements specified in
(g) Alternative benefit
If a Corps member who successfully completes a period of agreed service in the Corps is ineligible for the national service educational award described in division D, the Director may provide for the provision of a suitable alternative benefit for the Corps member.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2009—Subsec. (a).
Subsec. (c).
Subsec. (c)(6).
Subsec. (c)(7).
1993—Subsec. (a).
Subsecs. (f) to (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by section 104(b), (g) of
1 So in original. A closing parenthesis probably should precede the period.
§12619. Administrative provisions
(a) Supervision
The Chief Executive Officer shall monitor and supervise the administration of the National Civilian Community Corps Program authorized to be established under
(1) approve such guidelines, including those recommended by the Board, for the design, selection of members, and operation of the National Civilian Community Corps as the Chief Executive Officer considers appropriate;
(2) evaluate the progress of the Corps in providing a basis for determining the matters set forth in
(3) carry out any other activities determined appropriate by the Board.
(b) Monitoring and coordination
The Chief Executive Officer shall—
(1) monitor the overall operation of the National Civilian Community Corps;
(2) coordinate the activities of the Corps with other youth service programs administered by the Corporation; and
(3) carry out any other activities determined appropriate by the Board.
(c) Staff
(1) Director
(A) Appointment
Upon the establishment of the Program, the Chief Executive Officer shall appoint a Director. The Director may be selected from among retired commissioned officers of the Armed Forces of the United States.
(B) Duties
The Director shall—
(i) design, develop, and administer the National Civilian Community Corps programs;
(ii) be responsible for managing the daily operations of the Corps; and
(iii) report to the Chief Executive Officer.
(C) Authority to employ staff
The Director may employ such staff as is necessary to carry out this division. The Director shall, to the maximum extent practicable, utilize in staff positions personnel who are detailed from departments and agencies of the Federal Government and, to the extent the Director considers appropriate, shall request and accept detail of personnel from such departments and agencies in order to do so.
(2) Permanent cadre
(A) Establishment
The Chief Executive Officer shall establish a permanent cadre that includes the Director and other appointed supervisors and training instructors for National Civilian Community Corps programs.
(B) Appointment
The Chief Executive Officer shall consider the recommendations of the Director in appointing the other members of the permanent cadre.
(C) Employment considerations
In appointing individuals to cadre positions, the Chief Executive Officer shall—
(i) give consideration to retired, discharged, and other inactive members and former members of the Armed Forces recommended under
(ii) give consideration to former VISTA, Peace Corps, and youth service program personnel;
(iii) ensure that the cadre is comprised of males and females of diverse ethnic, economic, professional, and geographic backgrounds;
(iv) give consideration to retired and other former law enforcement, fire, rescue, and emergency personnel, and other individuals with backgrounds in disaster preparedness, relief, and recovery; and
(v) consider applicants' experience in other youth service programs.
(D) Community service credit
Service as a member of the cadre shall be considered as a community service opportunity for purposes of section 4403 of the National Defense Authorization Act for Fiscal Year 1993.
(E) Training
The Director shall provide to other members of the permanent cadre appropriate training in youth development techniques, including techniques for working with and enhancing the development of disadvantaged youth, and the principles of service-learning. All members of the permanent cadre shall be required to participate in the training.
(3) Inapplicability of certain civil service laws
The Director, other members of the permanent cadre, and the other staff personnel shall be appointed without regard to the provisions of title 5 governing appointments in the competitive service. The rates of pay of such persons may be established without regard to the provisions of
(4) Voluntary services
Notwithstanding any other provision of law, the Director may accept the voluntary services of individuals. While away from their homes or regular places of business on the business of the Corps, such individuals may be allowed travel expenses, including per diem in lieu of subsistence, in the same amounts and to the same extent, as authorized under
(
Editorial Notes
References in Text
Section 4403 of the National Defense Authorization Act for Fiscal Year 1993, referred to in subsec. (c)(2)(D), is section 4403 of
Codification
Section was formerly classified to
Amendments
2018—Subsec. (c)(2)(D).
2009—Subsec. (a).
Subsec. (a)(1).
Subsec. (b)(1).
Subsec. (c)(1)(B)(i).
Subsec. (c)(2)(A).
Subsec. (c)(2)(B).
Subsec. (c)(2)(C).
Subsec. (c)(2)(C)(i).
Subsec. (c)(2)(C)(iv), (v).
Subsec. (c)(2)(E).
Subsec. (c)(3).
1994—Subsec. (c)(2)(C)(i).
Subsec. (c)(3).
1993—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b).
Subsec. (b)(2).
Subsec. (c)(1)(A).
Subsec. (c)(1)(B)(iii).
Subsec. (c)(2)(C)(i).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by section 104(b), (e)(2)(E) of
Amendment by section 402(b)(1) of
1 So in original. Probably should be preceded by "section".
2 See References in Text note below.
§12620. Status of Corps members and Corps personnel under Federal law
(a) In general
Except as otherwise provided in this section, members of the National Civilian Community Corps shall not, by reason of their status as such members, be considered Federal employees or be subject to the provisions of law relating to Federal employment.
(b) Work-related injuries
(1) In general
For purposes of subchapter I of
(2) Special rule
In the application of the provisions of subchapter I of
(c) Tort claims procedure
A member of the Corps shall be considered an employee of the United States for purposes of
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 160 of
Amendments
2009—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
§12621. Contract and grant authority
(a) Programs
The Director may, by contract or grant, provide for any public or private organization to carry out the National Civilian Community Corps program.
(b) Equipment and facilities
(1) Federal and National Guard property
The Director shall enter into agreements, as necessary, with the Secretary of Defense, the Governor of a State, territory or commonwealth, or the commanding general of the District of Columbia National Guard, as the case may be, to utilize—
(A) equipment of the Department of Defense and equipment of the National Guard; and
(B) Department of Defense facilities and National Guard facilities identified pursuant to
(2) Other property
The Director may enter into contracts or agreements for the use of other equipment or facilities to the extent practicable to train and house members of the National Civilian Community Corps and leaders of Corps units.
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 12621,
A prior section 161 of
Amendments
2009—Subsec. (a).
Subsec. (b)(1)(B).
Subsec. (b)(2).
1993—Subsec. (b)(1)(B).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
§12622. Responsibilities of Department of Defense
(a) Liaison office
(1) Establishment
Upon the establishment of the Program, the Secretary of Defense shall establish an office to provide for liaison between the Secretary and the National Civilian Community Corps.
(2) Duties
The office shall provide assistance in the coordination of Department of Defense activities with the Corps.
(b) Corps cadre
(1) List of recommended personnel
Upon the establishment of the Program, the Secretary of Defense, in consultation with the liaison office established under subsection (a) shall develop a list of individuals from which individuals may be selected for appointment by the Director in the permanent cadre of Corps personnel. Such personnel shall be selected from among members and former members of the Armed Forces referred to in section 12611(3) 1 of this title who are commissioned officers, noncommissioned officers, former commissioned officers, or former noncommissioned officers.
(2) Recommendations regarding grade and pay
The Secretary of Defense shall recommend to the Director an appropriate rate of pay for each person recommended for the cadre pursuant to this subsection.
(3) Contribution for retired member's pay
If a listed individual receiving retired or retainer pay is appointed to a position in the cadre and the rate of pay for that individual is established at the amount equal to the difference between the active duty pay and allowances which that individual would receive if ordered to active duty and the amount of the individual's retired or retainer pay, the Secretary of Defense shall pay, by transfer to the Corporation from amounts available for pay of active duty members of the Armed Forces, the amount equal to 50 percent of that individual's rate of pay for service in the cadre.
(c) Facilities
Upon the establishment of the Program, the Secretary of Defense shall identify military installations and other facilities of the Department of Defense and, in consultation with the adjutant generals of the State National Guards, National Guard facilities that may be used, in whole or in part, by the National Civilian Community Corps for training or housing Corps members. The Secretary of Defense shall carry out this subsection in consultation with the liaison office established under subsection (a).
(d) Information regarding Corps
The Secretary of Defense may permit Armed Forces recruiters to inform potential applicants for the Corps regarding service in the Corps as an alternative to service in the Armed Forces.
(
Editorial Notes
References in Text
Codification
Section was formerly classified to
Prior Provisions
A prior section 12622,
A prior section 162 of
Amendments
2018—Subsec. (a)(2).
"(A) in order to assist in the recruitment of personnel for appointment in the permanent cadre, make available to the Director information in the registry established by
"(B) provide other".
2009—
Subsec. (a)(1).
Subsec. (a)(2)(A).
Subsec. (a)(3).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c).
1994—Subsec. (a)(1)(B)(ii).
1993—Subsec. (a)(2)(A).
Subsec. (a)(2)(C).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by section 104(b), (e)(2)(G) of
Amendment by section 402(b)(2) of
1 See References in Text note below.
§12623. Advisory Board
(a) Establishment and purpose
There shall be established a National Civilian Community Corps Advisory Board to advise the Director concerning the administration of this division and to assist the Corps in responding rapidly and efficiently in times of natural and other disasters. The Advisory Board members shall help coordinate activities with the Corps as appropriate, including the mobilization of volunteers and coordination of volunteer centers to help local communities recover from the effects of natural and other disasters.
(b) Membership
The Advisory Board shall be composed of the following members:
(1) The Secretary of Labor.
(2) The Secretary of Defense.
(3) The Secretary of the Interior.
(4) The Secretary of Agriculture.
(5) The Secretary of Education.
(6) The Secretary of Housing and Urban Development.
(7) The Chief of the National Guard Bureau.
(8) The Administrator of the Federal Emergency Management Agency.
(9) The Secretary of Transportation.
(10) The Chief of the Forest Service.
(11) The Administrator of the Environmental Protection Agency.
(12) The Secretary of Energy.
(13) Individuals appointed by the Director from among persons who are broadly representative of educational institutions, voluntary organizations, public and private organizations, youth, and labor unions.
(14) The Chief Executive Officer.
(c) Inapplicability of termination requirement
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 12623,
A prior section 163 of
Amendments
2022—Subsec. (c).
2009—Subsec. (a).
Subsec. (b)(8) to (12).
Subsec. (b)(13).
Subsec. (b)(14).
1993—Subsec. (a).
Subsec. (b)(9).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by section 402(b)(3) of
§12624. Evaluations
Pursuant to the provisions for evaluations conducted under
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 164 of
Amendments
2009—
1993—
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by section 402(b)(2) of
§12625. Repealed. Pub. L. 111–13, title I, §1515, Apr. 21, 2009, 123 Stat. 1528
Section,
Section was formerly classified to
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 2009, see section 6101(a) of
§12626. Definitions
In this division:
(1) Board
The term "Board" means the Board of Directors of the Corporation.
(2) Campus director
The term "campus director", with respect to a Corps campus, means the head of the campus under
(3) Corps
The term "Corps" means the National Civilian Community Corps required under
(4) Corps campus
The term "Corps campus" means the facility or central location established as the operational headquarters and boarding place for particular Corps units.
(5) Corps members
The term "Corps members" means persons receiving training and participating in projects under the National Civilian Community Corps Program.
(6) Director
The term "Director" means the Director of the National Civilian Community Corps.
(7) Institution of higher education
The term "institution of higher education" has the meaning given that term in
(8) Program
The term "Program" means the National Civilian Community Corps Program established pursuant to
(9) Service-learning
The term "service-learning", with respect to Corps members, means a method—
(A) under which Corps members learn and develop through active participation in thoughtfully organized service experiences that meet actual community needs;
(B) that provides structured time for a Corps member to think, talk, or write about what the Corps member did and saw during an actual service activity;
(C) that provides Corps members with opportunities to use newly acquired skills and knowledge in real life situations in their own communities; and
(D) that helps to foster the development of a sense of caring for others, good citizenship, and civic responsibility.
(10) Unit
The term "unit" means a unit of the Corps referred to in
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 165 of
Another prior section 165 of
Amendments
2009—Pars. (2) to (4).
"(2)
"(3)
Former par. (4) redesignated (5).
Par. (5).
Par. (6).
Par. (7).
Par. (8).
Par. (9).
1998—Par. (6).
1993—Par. (1).
Par. (2).
Par. (6).
Par. (7).
Par. (8).
Par. (9).
Par. (10).
Par. (11).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by section 104(b), (e)(2)(H) of
Amendment by section 402(b)(2) of
Division F—Administrative Provisions
§12631. Family and medical leave
(a) Participants in private, State, and local projects
For purposes of title I of the Family and Medical Leave Act of 1993 [
(1) a participant has provided service for the period required by section 101(2)(A)(i) (
(2) the service sponsor of the project is an employer described in section 101(4) of such Act (other than an employing agency within the meaning of subchapter V of
the participant shall be considered to be an eligible employee of the service sponsor.
(b) Participants in Federal projects
For purposes of subchapter V of
(1) a participant has provided service for the period required by section 6381(1)(B) of such title with respect to a project; and
(2) the service sponsor of the project is an employing agency within the meaning of such subchapter,
the participant shall be considered to be an employee of the service sponsor.
(c) Treatment of absence
The period of any absence of a participant from a service position pursuant to title I of the Family and Medical Leave Act of 1993 [
(
Editorial Notes
References in Text
The Family and Medical Leave Act of 1993, referred to in subsecs. (a) and (c), is
Amendments
2009—Subsec. (a)(1).
1993—
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
§12632. Reports
(a) State reports
(1) In general
Each State receiving assistance under this subchapter shall prepare and submit, to the Corporation, an annual report concerning the use of assistance provided under this subchapter and the status of the national and community service programs that receive assistance under such subchapter in such State.
(2) Local grantees
Each State may require local grantees that receive assistance under this subchapter to supply such information to the State as is necessary to enable the State to complete the report required under paragraph (1), including a comparison of actual accomplishments with the goals established for the program, the number of participants in the program, the number of service hours generated, and the existence of any problems, delays or adverse conditions that have affected or will affect the attainment of program goals.
(3) Report demonstrating compliance
(A) In general
Each State receiving assistance under this subchapter shall include information in the report required under paragraph (1) that demonstrates the compliance of the State with the provisions of this chapter, including
(B) Local grantees
Each State may require local grantees to supply such information to the State as is necessary to enable the State to comply with the requirement of paragraph (1).
(4) Availability of report
Reports submitted under paragraph (1) shall be made available to the public on request.
(b) Report to Congress by Corporation
(1) In general
Not later than 120 days after the end of each fiscal year, the Corporation shall prepare and submit, to the authorizing committees, the Committee on Appropriations of the House of Representatives, and the Committee on Appropriations of the Senate, a report concerning the programs that receive assistance under the national service laws.
(2) Content
Reports submitted under paragraph (1) shall contain a summary of the information contained in the State reports submitted under subsection (a), and shall reflect the findings and actions taken as a result of any evaluation conducted by the Corporation.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a)(3)(A), was in the original "this Act", meaning
Amendments
2011—Subsec. (c).
"(1)
"(2)
2009—Subsec. (b)(1).
Subsec. (c)(2).
1993—Subsec. (a)(1).
Subsec. (a)(3)(A).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by section 114 of
Amendment by section 402(b)(1) of
§12633. Supplementation
(a) In general
Assistance provided under this subchapter shall be used to supplement the level of State and local public funds expended for services of the type assisted under this subchapter in the previous fiscal year.
(b) Aggregate expenditure
Subsection (a) shall be satisfied, with respect to a particular program, if the aggregate expenditure for such program for the fiscal year in which services are to be provided will not be less than the aggregate expenditure for such program in the previous fiscal year, excluding the amount of Federal assistance provided and any other amounts used to pay the remainder of the costs of programs assisted under this subchapter.
(
§12634. Prohibition on use of funds
(a) Prohibited uses
No assistance made available under a grant under this subchapter shall be used to provide religious instruction, conduct worship services, or engage in any form of proselytization.
(b) Political activity
Assistance provided under this subchapter shall not be used by program participants and program staff to—
(1) assist, promote, or deter union organizing; or
(2) finance, directly or indirectly, any activity designed to influence the outcome of an election to Federal office or the outcome of an election to a State or local public office.
(c) Contracts or collective bargaining agreements
A program that receives assistance under this subchapter shall not impair existing contracts for services or collective bargaining agreements.
(d) Referrals for Federal assistance
A program may not receive assistance under the national service laws for the sole purpose of referring individuals to Federal assistance programs or State assistance programs funded in part by the Federal Government.
(
Editorial Notes
Amendments
2009—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
§12635. Nondiscrimination
(a) In general
(1) Basis
An individual with responsibility for the operation of a project that receives assistance under this subchapter shall not discriminate against a participant in, or member of the staff of, such project on the basis of race, color, national origin, sex, age, or political affiliation of such participant or member, or on the basis of disability, if the participant or member is a qualified individual with a disability.
(2) "Qualified individual with a disability" defined
As used in paragraph (1), the term "qualified individual with a disability" has the meaning given the term in
(b) Federal financial assistance
Any assistance provided under this subchapter shall constitute Federal financial assistance for purposes of title VI of the Civil Rights Act of 1964 (
(c) Religious discrimination
(1) In general
Except as provided in paragraph (2), an individual with responsibility for the operation of a project that receives assistance under this subchapter shall not discriminate on the basis of religion against a participant in such project or a member of the staff of such project who is paid with funds received under this subchapter.
(2) Exception
Paragraph (1) shall not apply to the employment, with assistance provided under this subchapter, of any member of the staff, of a project that receives assistance under this subchapter, who was employed with the organization operating the project on the date the grant under this subchapter was awarded.
(d) Rules and regulations
The Chief Executive Officer shall promulgate rules and regulations to provide for the enforcement of this section that shall include provisions for summary suspension of assistance for not more than 30 days, on an emergency basis, until notice and an opportunity to be heard can be provided.
(
Editorial Notes
References in Text
The Civil Rights Act of 1964, referred to in subsec. (b), is
The Education Amendments of 1972, referred to in subsec. (b), is
The Age Discrimination Act of 1975, referred to in subsec. (b), is title III of
Amendments
1993—
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
§12636. Notice, hearing, and grievance procedures
(a) In general
(1) Suspension of payments
The Corporation may in accordance with the provisions of this subchapter, suspend or terminate payments under a contract or grant providing assistance under this subchapter, or revoke the designation of positions, related to the grant or contract, as approved national service positions, whenever the Corporation determines there is a material failure to comply with this subchapter or the applicable terms and conditions of any such grant or contract issued pursuant to this subchapter.
(2) Procedures to ensure assistance
The Corporation shall prescribe procedures to ensure that—
(A) assistance provided under this subchapter shall not be suspended for failure to comply with the applicable terms and conditions of this subchapter except, in emergency situations, a suspension may be granted for 1 or more periods of 30 days not to exceed a total of 90 days; and
(B) assistance provided under this subchapter shall not be terminated or revoked for failure to comply with applicable terms and conditions of this subchapter unless the recipient of such assistance has been afforded reasonable notice and opportunity for a full and fair hearing.
(b) Hearings
Hearings or other meetings that may be necessary to fulfill the requirements of this section shall be held at locations convenient to the recipient of assistance under this subchapter.
(c) Transcript or recording
A transcript or recording shall be made of a hearing conducted under this section and shall be available for inspection by any individual.
(d) State legislation
Nothing in this subchapter shall be construed to preclude the enactment of State legislation providing for the implementation, consistent with this subchapter, of the programs administered under this subchapter.
(e) Construction
Nothing in this subchapter shall be construed to link performance of service with receipt of Federal student financial assistance, other than assistance provided pursuant to this chapter.
(f) Grievance procedure
(1) In general
An entity that receives assistance under this subchapter shall establish and maintain a procedure for the filing and adjudication of grievances from participants, labor organizations, and other interested individuals concerning projects that receive assistance under this subchapter, including grievances regarding proposed placements of such participants in such projects.
(2) Deadline for grievances
Except for a grievance that alleges fraud or criminal activity, a grievance shall be made not later than 1 year after the date of the alleged occurrence of the event that is the subject of the grievance.
(3) Deadline for hearing and decision
(A) Hearing
A hearing on any grievance conducted under this subsection shall be conducted not later than 30 days after the filing of such grievance.
(B) Decision
A decision on any such grievance shall be made not later than 60 days after the filing of such grievance.
(4) Arbitration
(A) In general
(i) Jointly selected arbitrator
In the event of a decision on a grievance that is adverse to the party who filed such grievance, or 60 days after the filing of such grievance if no decision has been reached, such party shall be permitted to submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the interested parties.
(ii) Appointed arbitrator
If the parties cannot agree on an arbitrator, the Chief Executive Officer shall appoint an arbitrator from a list of qualified arbitrators within 15 days after receiving a request for such appointment from one of the parties to the grievance.
(B) Deadline for proceeding
An arbitration proceeding shall be held not later than 45 days after the request for such arbitration proceeding, or, if the arbitrator is appointed by the Chief Executive Officer in accordance with subparagraph (A)(ii), not later than 30 days after the appointment of such arbitrator.
(C) Deadline for decision
A decision concerning a grievance shall be made not later than 30 days after the date such arbitration proceeding begins.
(D) Cost
(i) In general
Except as provided in clause (ii), the cost of an arbitration proceeding shall be divided evenly between the parties to the arbitration.
(ii) Exception
If a participant, labor organization, or other interested individual described in paragraph (1) prevails under a binding arbitration proceeding, the State or local applicant described in paragraph (1) that is a party to such grievance shall pay the total cost of such proceeding and the attorneys' fees of such participant, labor organization, or individual, as the case may be.
(5) Proposed placement
If a grievance is filed regarding a proposed placement of a participant in a project that receives assistance under this subchapter, such placement shall not be made unless the placement is consistent with the resolution of the grievance pursuant to this subsection.
(6) Remedies
Remedies for a grievance filed under this subsection include—
(A) suspension of payments for assistance under this subchapter;
(B) termination of such payments;
(C) prohibition of the placement described in paragraph (5);
(D) in a case in which the grievance is filed by an individual applicant or participant—
(i) the applicant's selection or the participant's reinstatement, as the case may be; and
(ii) other changes in the terms and conditions of service applicable to the individual; and
(E) in a case in which the grievance involves a violation of subsection (a) or (b) of
(i) reinstatement of the displaced employee to the position held by such employee prior to displacement;
(ii) payment of lost wages and benefits of the displaced employee;
(iii) reestablishment of other relevant terms, conditions, and privileges of employment of the displaced employee; and
(iv) such equitable relief as is necessary to correct any violation of subsection (a) or (b) of
(7) Enforcement
Suits to enforce arbitration awards under this section may be brought in any district court of the United States having jurisdiction of the parties, without regard to the amount in controversy and without regard to the citizenship of the parties.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (e), was in the original "this Act", meaning
Amendments
2009—Subsec. (a)(2)(A).
Subsec. (f)(1).
Subsec. (f)(6)(D), (E).
1993—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(2)(B).
Subsec. (e).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by section 116 of
Amendment by section 402(b)(1) of
§12637. Nonduplication and nondisplacement
(a) Nonduplication
(1) In general
Assistance provided under the national service laws shall be used only for a program that does not duplicate, and is in addition to, an activity otherwise available in the locality of such program.
(2) Private nonprofit entity
Assistance made available under the national service laws shall not be provided to a private nonprofit entity to conduct activities that are the same or substantially equivalent to activities provided by a State or local government agency that such entity resides in, unless the requirements of subsection (b) are met.
(b) Nondisplacement
(1) In general
An employer shall not displace an employee, position, or volunteer (other than a participant under the national service laws), including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving assistance under the national service laws.
(2) Service opportunities
A service opportunity shall not be created under the national service laws that will infringe in any manner on the promotional opportunity of an employed individual.
(3) Limitation on services
(A) Duplication of services
A participant in a program receiving assistance under the national service laws shall not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee.
(B) Supplantation of hiring
A participant in any program receiving assistance under the national service laws shall not perform any services or duties, or engage in activities, that—
(i) will supplant the hiring of employed workers; or
(ii) are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures.
(C) Duties formerly performed by another employee
A participant in any program receiving assistance under the national service laws shall not perform services or duties that have been performed by or were assigned to any—
(i) presently employed worker;
(ii) employee who recently resigned or was discharged;
(iii) employee who—
(I) is subject to a reduction in force; or
(II) has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures;
(iv) employee who is on leave (terminal, temporary, vacation, emergency, or sick); or
(v) employee who is on strike or who is being locked out.
(c) Labor market information
The Secretary of Labor shall make available to the Corporation and to any program agency under this subchapter such labor market information as is appropriate for use in carrying out the purposes of this subchapter.
(d) Treatment of benefits
Allowances, earnings, and payments to individuals participating in programs that receive assistance under this subchapter shall not be considered to be income for the purposes of determining eligibility for and the amount of income transfer and in-kind aid furnished under any Federal or federally assisted program based on need, other than as provided under the Social Security Act (
(e) Standards of conduct
Programs that receive assistance under this subchapter shall establish and stringently enforce standards of conduct at the program site to promote proper moral and disciplinary conditions.
(f) Parental involvement
(1) In general
Programs that receive assistance under the national service laws shall consult with the parents or legal guardians of children in developing and operating programs that include and serve children.
(2) Parental permission
Programs that receive assistance under the national service laws shall, before transporting minor children, provide the children's parents with the reason for the transportation and obtain the parents' written permission for such transportation, consistent with State law.
(
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (d), is act Aug. 14, 1935, ch. 531,
Amendments
2009—Subsec. (a)(1), (2).
Subsec. (b)(1).
Subsec. (b)(2), (3).
Subsec. (f).
1998—Subsec. (d).
1993—Subsec. (b)(3)(B).
Subsec. (b)(3)(C)(iii).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by section 117 of
Amendment by section 402(b)(1) of
§12638. State Commissions on National and Community Service
(a) Existence required
(1) State Commission
Except as provided in paragraph (2), to be eligible to receive a grant or allotment under division B or C or to receive a distribution of approved national service positions under division C, a State shall maintain a State Commission on National and Community Service that satisfies the requirements of this section.
(2) Alternative administrative entity
The chief executive officer of a State may apply to the Corporation for approval to use an alternative administrative entity to carry out the duties otherwise entrusted to a State Commission under this chapter. The chief executive officer shall ensure that any alternative administrative entity used in lieu of a State Commission provides for the individuals described in paragraph (1), and some of the individuals described in paragraph (2), of subsection (c) to play a significant policymaking role in carrying out the duties otherwise entrusted to a State Commission, including the submission of applications on behalf of the State under
(b) Appointment and size
Except as provided in subsection (c)(3), the members of a State Commission for a State shall be appointed by the chief executive officer of the State. A State Commission shall consist of not fewer than 15, and not more than 25, voting members, and any ex officio nonvoting members, as described in paragraph (3) or (4) of subsection (c).
(c) Composition and membership
(1) Required members
The State Commission for a State shall include as voting members at least one of each of the following individuals:
(A) An individual with expertise in the educational, training, and development needs of youth, particularly disadvantaged youth.
(B) An individual with experience in promoting the involvement of older adults in service and voluntarism.
(C) A representative of community-based agencies or community-based organizations within the State.
(D) The head of the State educational agency.
(E) A representative of local governments in the State.
(F) A representative of local labor organizations in the State.
(G) A representative of business.
(H) An individual between the ages of 16 and 25 who is a participant or supervisor in a program.
(I) A representative of a national service program described in subsection (a), (b), or (c) of
(J) A representative of the volunteer sector.
(2) Sources of other members
The State Commission for a State may include as voting members the following individuals:
(A) Members selected from among local educators.
(B) Members selected from among experts in the delivery of human, educational, environmental, or public safety services to communities and persons.
(C) Representatives of Indian tribes.
(D) Members selected from among out-of-school youth or other at-risk youth.
(E) Representatives of entities that receive assistance under the Domestic Volunteer Service Act of 1973 (
(3) Corporation representative
The representative of the Corporation designated under
(4) Ex officio State representatives
The chief executive officer of a State may appoint, as ex officio nonvoting members of the State Commission for the State, representatives selected from among officers and employees of State agencies operating community service, youth service, education, social service, senior service, and job training programs.
(5) Limitation on number of State employees as members
The number of voting members of a State Commission selected under paragraph (1) or (2) who are officers or employees of the State may not exceed 25 percent (reduced to the nearest whole number) of the total membership of the State Commission.
(d) Miscellaneous matters
(1) Membership balance
The chief executive officer of a State shall ensure, to the maximum extent practicable, that the membership of the State Commission for the State is diverse with respect to race, ethnicity, age, gender, and disability characteristics. Not more than 50 percent of the voting members of a State Commission, plus one additional member, may be from the same political party.
(2) Terms
Each member of the State Commission for a State shall serve for a term of 3 years, except that the chief executive officer of a State shall initially appoint a portion of the members to terms of 1 year and 2 years.
(3) Vacancies
If a vacancy occurs on a State Commission, a new member shall be appointed by the chief executive officer of the State and serve for the remainder of the term for which the predecessor of such member was appointed. The vacancy shall not affect the power of the remaining members to execute the duties of the State Commission.
(4) Compensation
A member of a State Commission or alternative administrative entity shall not receive any additional compensation by reason of service on the State Commission or alternative administrative entity, except that the State may authorize the reimbursement of travel expenses, including a per diem in lieu of subsistence, in the same manner as other employees serving intermittently in the service of the State.
(5) Chairperson
The voting members of a State Commission shall elect one of the voting members to serve as chairperson of the State Commission.
(6) Limitation on member participation
(A) General limitation
Except as provided in subparagraph (B), a voting member of the State Commission (or of an alternative administrative entity) shall not participate in the administration of the grant program (including any discussion or decision regarding the provision of assistance or approved national service positions, or the continuation, suspension, or termination of such assistance or such positions, to any program or entity) described in subsection (e)(9) if—
(i) a grant application relating to such program is pending before the Commission (or such entity); and
(ii) the application was submitted by a program or entity of which such member is, or in the 1-year period before the submission of such application was, an officer, director, trustee, full-time volunteer, or employee.
(B) Exception
If, as a result of the operation of subparagraph (A), the number of voting members of the Commission (or of such entity) is insufficient to establish a quorum for the purpose of administering such program, then voting members excluded from participation by subparagraph (A) may participate in the administration of such program, notwithstanding the limitation in subparagraph (A), to the extent permitted by regulations issued under
(C) Rule of construction
Subparagraph (A) shall not be construed to limit the authority of any voting member of the Commission (or of such entity) to participate in—
(i) discussion of, and hearing and forums on—
(I) the general duties, policies, and operations of the Commission (or of such entity); or
(II) the general administration of such program; or
(ii) similar general matters relating to the Commission (or such entity).
(e) Duties of a State Commission
The State Commission or alternative administrative entity for a State shall be responsible for the following duties:
(1) Preparation of a national service plan for the State that—
(A) is developed, through an open and public process (such as through regional forums, hearings, and other means) that provides for maximum participation and input from the private sector, organizations, and public agencies, using service and volunteerism as strategies to meet critical community needs, including service through programs funded under the national service laws;
(B) covers a 3-year period, the beginning of which may be set by the State;
(C) is subject to approval by the chief executive officer of the State;
(D) includes measurable goals and outcomes for the State national service programs in the State consistent with the performance levels for national service programs as described in
(E) ensures outreach to diverse community-based agencies that serve underrepresented populations, through established networks and registries at the State level, or through the development of such networks and registries;
(F) provides for effective coordination of funding applications submitted by the State and other organizations within the State under the national service laws;
(G) is updated annually, reflecting changes in practices and policies that will improve the coordination and effectiveness of Federal, State, and local resources for service and volunteerism within the State;
(H) ensures outreach to, and coordination with, municipalities (including large cities) and county governments regarding the national service laws; and
(I) contains such information as the State Commission considers to be appropriate or as the Corporation may require.
(2) Preparation of the applications of the State under
(3) Assistance in the preparation of the application of the State educational agency for assistance under
(4) Preparation of the application of the State under
(5) Make recommendations to the Corporation with respect to priorities for programs receiving assistance under the Domestic Volunteer Service Act of 1973 (
(6) Make technical assistance available to enable applicants for assistance under
(A) to plan and implement service programs; and
(B) to apply for assistance under the national service laws using, if appropriate, information and materials available through a clearinghouse established under section 12653a 1 of this title.
(7) Assistance in the provision of health care and child care benefits under
(8) Development of a State system for the recruitment and placement of participants in programs that receive assistance under the national service laws and dissemination of information concerning national service programs that receive such assistance or approved national service positions.
(9) Administration of the grant program in support of national service programs that is conducted by the State using assistance provided to the State under
(10) Development of projects, training methods, curriculum materials, and other materials and activities related to national service programs that receive assistance directly from the Corporation (to be made available in a case in which such a program requests such a project, method, material, or activity) or from the State using assistance provided under
(f) Relief from administrative requirements
Upon approval of a State plan submitted under subsection (e)(1), the Chief Executive Officer may waive for the State, or specify alternatives for the State to, administrative requirements (other than statutory provisions) otherwise applicable to grants made to States under the national service laws, including those requirements identified by the State as impeding the coordination and effectiveness of Federal, State, and local resources for service and volunteerism within the State.
(g) State service plan for adults age 55 or older
(1) In general
Notwithstanding any other provision of this section, to be eligible to receive a grant or allotment under division B or C or to receive a distribution of approved national service positions under division C, a State shall work with appropriate State agencies and private entities to develop a comprehensive State service plan for service by adults age 55 or older.
(2) Matters included
The State service plan shall include—
(A) recommendations for policies to increase service for adults age 55 or older, including how to best use such adults as sources of social capital, and how to utilize their skills and experience to address community needs;
(B) recommendations to the State agency (as defined in
(i) a marketing outreach plan to businesses; and
(ii) outreach to—
(I) nonprofit organizations;
(II) the State educational agency;
(III) institutions of higher education; and
(IV) other State agencies;
(C) recommendations for civic engagement and multigenerational activities, such as—
(i) early childhood education and care, family literacy, and after school programs;
(ii) respite services for adults age 55 or older and caregivers; and
(iii) transitions for older adults age 55 or older to purposeful work in their post-career lives; and
(D) recommendations for encouraging the development of Encore service programs in the State.
(3) Knowledge base
The State service plan shall incorporate the current knowledge base (as of the time of the plan) regarding—
(A) the economic impact of the roles of workers age 55 or older in the economy;
(B) the social impact of the roles of such workers in the community; and
(C) the health and social benefits of active engagement for adults age 55 or older.
(4) Publication
The State service plan shall be made available to the public and be transmitted to the Chief Executive Officer.
(h) Activity ineligible for assistance
A State Commission or alternative administrative entity may not directly carry out any national service program that receives assistance under
(i) Delegation
Subject to such requirements as the Corporation may prescribe, a State Commission may delegate nonpolicymaking duties to a State agency or public or private nonprofit organization.
(j) Approval of State Commission or alternative
(1) Submission to Corporation
The chief executive officer for a State shall notify the Corporation of the establishment or designation of the State Commission or use of an alternative administrative entity for the State. The notification shall include a description of—
(A) the composition and membership of the State Commission or alternative administrative entity; and
(B) the authority of the State Commission or alternative administrative entity regarding national service activities carried out by the State.
(2) Approval of alternative administrative entity
Any designation of a State Commission or use of an alternative administrative entity to carry out the duties of a State Commission shall be subject to the approval of the Corporation, which shall not be unreasonably withheld. The Corporation shall approve an alternative administrative entity if such entity provides for individuals described in paragraph (1), and some of the individuals described in paragraph (2), of subsection (c) to play a significant policymaking role in carrying out the duties otherwise entrusted to a State Commission, including the duties described in paragraphs (1) through (4) of subsection (e).
(3) Rejection
The Corporation may reject a State Commission if the Corporation determines that the composition, membership, or duties of the State Commission do not comply with the requirements of this section. The Corporation may reject a request to use an alternative administrative entity in lieu of a State Commission if the Corporation determines that the entity does not provide for the individuals described in paragraph (1), and some of the individuals described in paragraph (2), of subsection (c) to play a significant policymaking role as described in paragraph (2). If the Corporation rejects a State Commission or alternative administrative entity under this paragraph, the Corporation shall promptly notify the State of the reasons for the rejection.
(4) Resubmission and reconsideration
The Corporation shall provide a State notified under paragraph (3) with a reasonable opportunity to revise the rejected State Commission or alternative administrative entity. At the request of the State, the Corporation shall provide technical assistance to the State as part of the revision process. The Corporation shall promptly reconsider any resubmission of a notification under paragraph (1) or application to use an alternative administrative entity under paragraph (2).
(5) Subsequent changes
This subsection shall also apply to any change in the composition or duties of a State Commission or an alternative administrative entity made after approval of the State Commission or the alternative administrative entity.
(6) Rights
An alternative administrative entity approved by the Corporation under this subsection shall have the same rights as a State Commission.
(k) Coordination
(1) Coordination with other State agencies
The State Commission or alternative administrative entity for a State shall coordinate the activities of the Commission or entity under this chapter with the activities of other State agencies that administer Federal financial assistance programs under the Community Services Block Grant Act (
(2) Coordination with volunteer service programs
(A) In general
The State Commission or alternative administrative entity for a State shall coordinate functions of the Commission or entity (including recruitment, public awareness, and training activities) with such functions of any division of the Corporation that carries out volunteer service programs in the State.
(B) Agreement
In coordinating functions under this paragraph, such Commission or entity, and such division, may enter into an agreement to—
(i) carry out such a function jointly;
(ii) to 2 assign responsibility for such a function to the Commission or entity; or
(iii) to 2 assign responsibility for such a function to the division.
(C) Information
The State Commission or alternative entity for a State, and the head of any such division, shall exchange information about—
(i) the programs carried out in the State by the Commission, entity, or division, as appropriate; and
(ii) opportunities to coordinate activities.
(l) Liability
(1) Liability of State
Except as provided in paragraph (2)(B), a State shall agree to assume liability with respect to any claim arising out of or resulting from any act or omission by a member of the State Commission or alternative administrative entity of the State, within the scope of the service of the member on the State Commission or alternative administrative entity.
(2) Other claims
(A) In general
A member of the State Commission or alternative administrative entity shall have no personal liability with respect to any claim arising out of or resulting from any act or omission by such person, within the scope of the service of the member on the State Commission or alternative administrative entity.
(B) Limitation
This paragraph shall not be construed to limit personal liability for criminal acts or omissions, willful or malicious misconduct, acts or omissions for private gain, or any other act or omission outside the scope of the service of such member on the State Commission or alternative administrative entity.
(3) Effect on other law
This subsection shall not be construed—
(A) to affect any other immunities and protections that may be available to such member under applicable law with respect to such service;
(B) to affect any other right or remedy against the State under applicable law, or against any person other than a member of the State Commission or alternative administrative entity; or
(C) to limit or alter in any way the immunities that are available under applicable law for State officials and employees not described in this subsection.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a)(2) and (k)(1), was in the original "this Act", meaning
The Domestic Volunteer Service Act of 1973, referred to in subsecs. (c)(2)(E) and (e)(5), is
The Community Services Block Grant Act, referred to in subsec. (k)(1), is subtitle B (§671 et seq.) of title VI of
Prior Provisions
A prior section 12638,
Amendments
2009—Subsec. (a)(2).
Subsec. (c)(1)(I).
Subsec. (c)(1)(J).
Subsec. (c)(3).
Subsec. (d)(6)(B).
Subsec. (e)(1).
Subsec. (e)(2).
Subsecs. (f) to (l).
1993—Subsec. (i)(2)(A).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by section 405(p)(1) of
Effective Date
Transitional Provisions
"(1)
"(2)
1 See References in Text note below.
2 So in original. The word "to" probably should not appear.
§12639. Evaluation
(a) In general
The Corporation shall provide, directly or through grants or contracts, for the continuing evaluation of programs that receive assistance under the national service laws, including evaluations that measure the impact of such programs, to determine—
(1) the effectiveness of programs receiving assistance under the national service laws in achieving stated goals and the costs associated with such programs, including an evaluation of each such program's performance based on the performance levels established under subsection (k); and
(2) the effectiveness of the structure and mechanisms for delivery of services, such as the effective utilization of the participants' time, the management of the participants, and the ease with which recipients were able to receive services, to maximize the cost effectiveness and the impact of such programs.
(b) Comparisons
The Corporation shall provide for inclusion in the evaluations required under subsection (a), where appropriate, comparisons of participants in such programs with individuals who have not participated in such programs.
(c) Conducting evaluations
Evaluations of programs under subsection (a) shall be conducted by individuals who are not directly involved in the administration of such program.
(d) Standards
The Corporation shall develop and publish general standards for the evaluation of program effectiveness in achieving the objectives of the national service laws.
(e) Community participation
In evaluating a program receiving assistance under the national service laws, the Corporation shall consider the opinions of participants and members of the communities where services are delivered concerning the strengths and weaknesses of such program.
(f) Comparison of program models
The Corporation shall evaluate and compare the effectiveness of different program models in meeting the program objectives described in subsection (g) including full- and part-time programs, programs involving different types of national service, programs using different recruitment methods, programs offering alternative voucher or post-service benefit options, and programs utilizing individual placements and teams.
(g) Program objectives
The Corporation shall ensure that programs that receive assistance under division C are evaluated to determine their effectiveness in—
(1) recruiting and enrolling diverse participants in such programs, consistent with the requirements of section 12575 1 of this title, based on economic background, race, ethnicity, age, marital status, education levels, and disability;
(2) promoting the educational achievement of each participant in such programs, based on earning a high school diploma or the equivalent of such diploma and the future enrollment and completion of increasingly higher levels of education;
(3) encouraging each participant to engage in public and community service after completion of the program based on career choices and service in other service programs such as the Volunteers in Service to America Program and National Senior Service Corps programs established under the Domestic Volunteer Service Act of 1973 (
(4) promoting of positive attitudes among each participant regarding the role of such participant in solving community problems based on the view of such participant regarding the personal capacity of such participant to improve the lives of others, the responsibilities of such participant as a citizen and community member, and other factors;
(5) enabling each participant to finance a lesser portion of the higher education of such participant through student loans;
(6) providing services and projects that benefit the community;
(7) supplying additional volunteer assistance to community agencies without overloading such agencies with more volunteers than can effectively be utilized;
(8) providing services and activities that could not otherwise be performed by employed workers and that will not supplant the hiring of, or result in the displacement of, employed workers or impair the existing contracts of such workers; and
(9) attracting a greater number of citizens to engage in service that benefits the community.
(h) Obtaining information
(1) In general
In conducting the evaluations required under this section, the Corporation may require each program participant and State or local applicant to provide such information as may be necessary to carry out the requirements of this section.
(2) Confidentiality
(A) In general
The Corporation shall maintain the confidentiality of information acquired under this subsection regarding individual participants.
(B) Disclosure
(i) Consent
The content of any information described in subparagraph (A) may be disclosed with the prior written consent of the individual participant with respect to whom the information is maintained.
(ii) Aggregate information
The Corporation may disclose information about the aggregate characteristics of such participants.
(i) Independent evaluation and report of demographics of national service participants and communities
(1) Independent evaluation
(A) In general
The Corporation shall, on an annual basis, arrange for an independent evaluation of the programs assisted under division C.
(B) Participants
(i) In general
The entity conducting such evaluation shall determine the demographic characteristics of the participants in such programs.
(ii) Characteristics
The entity shall determine, for the year covered by the evaluation, the total number of participants in the programs, and the number of participants within the programs in each State, by sex, age, economic background, education level, ethnic group, disability classification, and geographic region.
(iii) Categories
The Corporation shall determine appropriate categories for analysis of each of the characteristics referred to in clause (ii) for purposes of such an evaluation.
(C) Communities
In conducting the evaluation, the entity shall determine the amount of assistance provided under
(2) Report
The entity conducting the evaluation shall submit a report to the President, the authorizing committees, the Corporation, and each State Commission containing the results of the evaluation—
(A) with respect to the evaluation covering the year beginning on September 21, 1993, not later than 18 months after September 21, 1993; and
(B) with respect to the evaluation covering each subsequent year, not later than 18 months after the first day of each such year.
(j) Reserved program funds for accountability
Notwithstanding any other provision of law, in addition to amounts appropriated to carry out this section, the Corporation may reserve not more than 1 percent of the total funds appropriated for a fiscal year under
(k) Performance levels
The Corporation shall, in consultation with each recipient of assistance under the national service laws, establish performance levels for such recipient to meet during the term of the assistance. The performance levels may include, for each national service program carried out by the recipient, performance levels based on the following performance measures:
(1) Number of participants enrolled in the program and completing terms of service, as compared to the stated participation and retention goals of the program.
(2) Number of volunteers recruited from the community in which the program was implemented.
(3) If applicable based on the program design, the number of individuals receiving or benefitting from the service conducted.
(4) Number of disadvantaged and underrepresented youth participants.
(5) Measures of the sustainability of the program and the projects supported by the program, including measures to ascertain the level of community support for the program or projects.
(6) Measures to ascertain the change in attitude toward civic engagement among the participants and the beneficiaries of the service.
(7) Other quantitative and qualitative measures as determined to be appropriate by the recipient of assistance and the Corporation.
(l) Corrective action plans
(1) In general
A recipient of assistance under the national service laws that fails, as determined by the Corporation, to meet or exceed the performance levels agreed upon under subsection (k) for a national service program, shall reach an agreement with the Corporation on a corrective action plan to meet such performance levels.
(2) Assistance
(A) New program
For a program that has received assistance under the national service laws for less than 3 years and for which the recipient is failing to meet or exceed the performance levels agreed upon under subsection (k), the Corporation shall—
(i) provide technical assistance to the recipient to address targeted performance problems relating to the performance levels for the program; and
(ii) require the recipient to submit quarterly reports on the program's progress toward meeting the performance levels for the program to the—
(I) appropriate State, territory, or Indian tribe; and
(II) the Corporation.
(B) Established programs
For a program that has received assistance under the national service laws for 3 years or more and for which the recipient is failing to meet or exceed the performance levels agreed upon under subsection (k), the Corporation shall require the recipient to submit quarterly reports on the program's progress toward the performance levels for the program to—
(i) the appropriate State, territory, or Indian tribe; and
(ii) the Corporation.
(m) Failure to meet performance levels
If, after a period for correction as approved by the Corporation in accordance with subsection (l), a recipient of assistance under the national service laws fails to meet or exceed the performance levels for a national service program, the Corporation shall—
(1) reduce the annual amount of the assistance received by the underperforming recipient by at least 25 percent, for each remaining year of the grant period for that program; or
(2) terminate assistance to the underperforming recipient for that program, in accordance with
(n) Reports
The Corporation shall submit to the authorizing committees not later than 2 years after April 21, 2009, and annually thereafter, a report containing information on the number of—
(1) recipients of assistance under the national service laws implementing corrective action plans under subsection (l)(1);
(2) recipients for which the Corporation provides technical assistance for a program under subsection (l)(2)(A)(i);
(3) recipients for which the Corporation terminates assistance for a program under subsection (m);
(4) entities whose application for assistance under a national service law was rejected; and
(5) recipients meeting or exceeding their performance levels under subsection (k).
(
Editorial Notes
References in Text
The Domestic Volunteer Service Act of 1973, referred to in subsec. (g)(3), is
The Peace Corps Act, referred to in subsec. (g)(3), is
Amendments
2009—Subsec. (a).
Subsec. (g)(3).
Subsec. (g)(9).
Subsec. (i)(2).
Subsecs. (j) to (n).
1996—Subsec. (a)(2)(C).
1993—Subsec. (a).
Subsec. (a)(2).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (b).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (g)(3), (9).
Subsec. (h)(1), (2)(A), (B)(ii).
Subsecs. (i), (j).
1992—Subsec. (a)(2).
Subsec. (d).
Subsec. (f).
Subsec. (h)(1).
Subsec. (h)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by section 118 of
Amendment by section 203(a)(1)(A) of
Amendment by section 402(b)(1) of
1 See References in Text note below.
§12639a. Civic Health Assessment and volunteering research and evaluation
(a) Definition of partnership
In this section, the term "partnership" means the Corporation, acting in conjunction with (consistent with the terms of an agreement entered into between the Corporation and the National Conference) the National Conference on Citizenship referred to in
(b) In general
The partnership shall facilitate the establishment of a Civic Health Assessment by—
(1) after identifying public and private sources of civic health data, selecting a set of civic health indicators, in accordance with subsection (c), that shall comprise the Civic Health Assessment;
(2) obtaining civic health data relating to the Civic Health Assessment, in accordance with subsection (d); and
(3) conducting related analyses, and reporting the data and analyses, as described in paragraphs (4) and (5) of subsection (d) and subsections (e) and (f).
(c) Selection of indicators for Civic Health Assessment
(1) Identifying sources
The partnership shall select a set of civic health indicators that shall comprise the Civic Health Assessment. In making such selection, the partnership—
(A) shall identify public and private sources of civic health data;
(B) shall explore collaborating with other similar efforts to develop national indicators in the civic health domain; and
(C) may sponsor a panel of experts, such as one convened by the National Academy of Sciences, to recommend civic health indicators and data sources for the Civic Health Assessment.
(2) Technical advice
At the request of the partnership, the Director of the Bureau of the Census and the Commissioner of Labor Statistics shall provide technical advice to the partnership on the selection of the indicators for the Civic Health Assessment.
(3) Updates
The partnership shall periodically evaluate and update the Civic Health Assessment, and may expand or modify the indicators described in subsection (d)(1) as necessary to carry out the purposes of this section.
(d) Data on the indicators
(1) Sponsored data collection
In identifying the civic health indicators for the Civic Health Assessment, and obtaining data for the Assessment, the partnership may sponsor the collection of data for the Assessment or for the various civic health indicators being considered for inclusion in the Assessment, including indicators related to—
(A) volunteering and community service;
(B) voting and other forms of political and civic engagement;
(C) charitable giving;
(D) connecting to civic groups and faith-based organizations;
(E) interest in employment, and careers, in public service in the nonprofit sector or government;
(F) understanding and obtaining knowledge of United States history and government; and
(G) social enterprise and innovation.
(2) Data from statistical agencies
The Director of the Bureau of the Census and the Commissioner of Labor Statistics shall collect annually, to the extent practicable, data to inform the Civic Health Assessment, and shall report data from such collection to the partnership. In determining the data to be collected, the Director and the Commissioner shall examine privacy issues, response rates, and other relevant issues.
(3) Sources of data
To obtain data for the Civic Health Assessment, the partnership shall consider—
(A) data collected through public and private sources; and
(B) data collected by the Bureau of the Census, through the Current Population Survey, or by the Bureau of Labor Statistics, in accordance with paragraph (2).
(4) Demographic characteristics
The partnership shall seek to obtain data for the Civic Health Assessment that will permit the partnership to analyze the data by age group, race and ethnicity, education level, and other demographic characteristics of the individuals involved.
(5) Other issues
In obtaining data for the Civic Health Assessment, the partnership may also obtain such information as may be necessary to analyze—
(A) the role of Internet technology in strengthening and inhibiting civic activities;
(B) the role of specific programs in strengthening civic activities;
(C) the civic attitudes and activities of new citizens and immigrants; and
(D) other areas related to civic activities.
(e) Reporting of data
(1) In general
The partnership shall, not less often than once each year, prepare a report containing—
(A) detailed data obtained under subsection (d), including data on the indicators comprising the Civic Health Assessment; and
(B) the analyses described in paragraphs (4) and (5) of subsection (d), to the extent practicable based on the data the partnership is able to obtain.
(2) Aggregation and presentation
The partnership shall, to the extent practicable, aggregate the data on the civic health indicators comprising the Civic Health Assessment by community, by State, and nationally. The report described in paragraph (1) shall present the aggregated data in a form that enables communities and States to assess their civic health, as measured on each of the indicators comprising the Civic Health Assessment, and compare those measures with comparable measures of other communities and States.
(3) Submission
The partnership shall submit the report to the authorizing committees, and make the report available to the general public on the Corporation's website.
(f) Public input
The partnership shall—
(1) identify opportunities for public dialogue and input on the Civic Health Assessment; and
(2) hold conferences and forums to discuss the implications of the data and analyses reported under subsection (e).
(g) Volunteering research and evaluation
(1) Research
The partnership shall provide for baseline research and tracking of domestic and international volunteering, and baseline research and tracking related to relevant data on the indicators described in subsection (d). In providing for the research and tracking under this subsection, the partnership shall consider data from the Supplements to the Current Populations Surveys conducted by the Bureau of the Census for the Bureau of Labor Statistics, and data from other public and private sources, including other data collected by the Bureau of the Census and the Bureau of Labor Statistics.
(2) Impact research and evaluation
The partnership shall sponsor an independent evaluation of the impact of domestic and international volunteering, including an assessment of best practices for such volunteering, and methods of improving such volunteering through enhanced collaboration among—
(A) entities that recruit, manage, support, and utilize volunteers;
(B) institutions of higher education; and
(C) research institutions.
(h) Database prohibition
Nothing in this chapter shall be construed to authorize the development, implementation, or maintenance of a Federal database of personally identifiable information on individuals participating in data collection for sources of information under this section.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (h), was in the original "this Act", meaning
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
§12640. Engagement of participants
A State shall not engage a participant to serve in any program that receives assistance under this subchapter unless and until amounts have been appropriated under
(
Editorial Notes
Amendments
1993—
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
§12641. Contingent extension
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Amendments
2009—
1993—
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
§12642. Partnerships with schools
The head of each Federal agency and department shall design and implement a comprehensive strategy to involve employees of such agencies and departments in partnership programs with elementary schools and secondary schools. Such strategy shall include—
(1) a review of existing programs to identify and expand the opportunities for such employees to be adult volunteers in schools and for students and out-of-school youth;
(2) the designation of a senior official in each such agency and department who will be responsible for establishing partnership and youth service programs in each such agency and department and for developing partnership and youth service programs;
(3) the encouragement of employees of such agencies and departments to participate in partnership programs and other service projects;
(4) the annual recognition of outstanding service programs operated by Federal agencies; and
(5) the encouragement of businesses and professional firms to include community service among the factors considered in making hiring, compensation, and promotion decisions.
(
Editorial Notes
Amendments
2014—
2009—Subsec. (b).
1993—Subsec. (a)(2), (3).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
§12643. Rights of access, examination, and copying
(a) Comptroller General
Consistent with otherwise applicable law, the Comptroller General, or any of the duly authorized representatives of the Comptroller General, shall have access to, and the right to examine and copy, any books, documents, papers, records, and other recorded information in any form—
(1) within the possession or control of the Corporation or any State or local government, territory, Indian tribe, or public or private nonprofit organization receiving assistance directly or indirectly under this chapter; and
(2) that the Comptroller General, or his representative, considers necessary to the performance of an evaluation, audit, or review.
(b) Chief Financial Officer
Consistent with otherwise applicable law, the Chief Financial Officer of the Corporation shall have access to, and the right to examine and copy, any books, documents, papers, records, and other recorded information in any form—
(1) within the possession or control of the Corporation or any State or local government, territory 1 Indian tribe, or public or private nonprofit organization receiving assistance directly or indirectly under this chapter; and
(2) that relates to the duties of the Chief Financial Officer.
(c) Inspector General
Consistent with otherwise applicable law, the Inspector General of the Corporation shall have access to, and the right to examine and copy, any books, documents, papers, records, and other recorded information in any form—
(1) within the possession or control of the Corporation or any State or local government, territory, Indian tribe, or public or private nonprofit organization receiving assistance directly or indirectly under the national service laws; and
(2) that relates to—
(A) such assistance; and
(B) the duties of the Inspector General under
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a)(1) and (b)(1), was in the original "this Act", meaning
Amendments
2022—Subsec. (c)(2)(B).
2009—Subsec. (a).
Subsec. (b).
Subsec. (c).
1993—
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
1 So in original. Probably should be followed by a comma.
§12644. Drug-free workplace requirements
All programs receiving grants under this subchapter shall be subject to the Drug-Free Workplace Requirements for Federal Grant Recipients under
(
Editorial Notes
Codification
In text, "
§12644a. Availability of assistance
A reference in division C, D, E, or H of this subchapter regarding an entity eligible to receive direct or indirect assistance to carry out a national service program shall include a non-profit organization promoting competitive and non-competitive sporting events involving individuals with disabilities (including the Special Olympics), which enhance the quality of life for individuals with disabilities.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
§12644b. Consolidated application and reporting requirements
(a) In general
To promote efficiency and eliminate duplicative requirements, the Corporation shall consolidate or modify application procedures and reporting requirements for programs, projects, and activities funded under the national service laws.
(b) Report to Congress
Not later than 18 months after the effective date of the Serve America Act, the Corporation shall submit to the authorizing committees a report containing information on the actions taken to consolidate or modify the application procedures and reporting requirements for programs, projects, and activities funded under the national service laws, including a description of the procedures for consultation with recipients of the funding.
(
Editorial Notes
References in Text
For the effective date of the Serve America Act, referred to in subsec. (b), as Oct. 1, 2009, see section 6101(a) of
Prior Provisions
A prior section 185 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
§12645. Sustainability
The Corporation, after consultation with State Commissions and recipients of assistance, may set sustainability goals for projects or programs under the national service laws, so that recipients of assistance under the national service laws are carrying out sustainable projects or programs. Such sustainability goals shall be in writing and shall be used—
(1) to build the capacity of the projects or programs that receive assistance under the national service laws to meet community needs;
(2) in providing technical assistance to recipients of assistance under the national service laws regarding acquiring and leveraging non-Federal funds for support of the projects or programs that receive such assistance; and
(3) to determine whether the projects or programs, receiving such assistance, are generating sufficient community support.
(
Editorial Notes
Prior Provisions
A prior section 12645,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
§12645a. Grant periods
Unless otherwise specifically provided, the Corporation has authority to award a grant or contract, or enter into a cooperative agreement, under the national service laws for a period of 3 years.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
§12645b. Generation of volunteers
In making decisions on applications for assistance or approved national service positions under the national service laws, the Corporation shall take into consideration the extent to which the applicant's proposal will increase the involvement of volunteers in meeting community needs. In reviewing the application for this purpose, the Corporation may take into account the mission of the applicant.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
§12645c. Limitation on program grant costs
(a) Limitation on grant amounts
Except as otherwise provided by this section, the amount of funds approved by the Corporation for a grant to operate a program authorized under the national service laws, for supporting individuals serving in approved national service positions, may not exceed $18,000 per full-time equivalent position.
(b) Costs subject to limitation
The limitation under subsection (a), and the increased limitation under subsection (e)(1), shall apply to the Corporation's share of the member support costs, staff costs, and other costs to operate a program authorized under the national service laws incurred,1 by the recipient of the grant.
(c) Costs not subject to limitation
The limitation under subsection (a), and the increased limitation under subsection (e)(1), shall not apply to expenses under a grant authorized under the national service laws to operate a program that are not included in the grant award for operating the program.
(d) Adjustments for inflation
The amounts specified in subsections (a) and (e)(1) shall be adjusted each year after 2008 for inflation as measured by the Consumer Price Index for All Urban Consumers published by the Secretary of Labor.
(e) Waiver authority and reporting requirement
(1) Waiver
The Chief Executive Officer may increase the limitation under subsection (a) to not more than $19,500 per full-time equivalent position if necessary to meet the compelling needs of a particular program, such as—
(A) exceptional training needs for a program serving disadvantaged youth;
(B) the need to pay for increased costs relating to the participation of individuals with disabilities;
(C) the needs of tribal programs or programs located in the territories; and
(D) the need to pay for start-up costs associated with a first-time recipient of assistance under a program of the national service laws.
(2) Reports
The Chief Executive Officer shall report to the authorizing committees annually on all limitations increased under this subsection, with an explanation of the compelling needs justifying such increases.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
1 So in original. The comma probably should not appear.
§12645d. Matching funds for severely economically distressed communities
(a) In general
Notwithstanding any other provision of law, a severely economically distressed community that receives assistance from the Corporation for any program under the national service laws shall not be subject to any requirements to provide matching funds for any such program, and the Federal share of such assistance for such a community may be 100 percent.
(b) Severely economically distressed community
For the purposes of this section, the term "severely economically distressed community" means—
(1) an area that has a mortgage foreclosure rate, home price decline, and unemployment rate all of which are above the national average for such rates or level, for the most recent 12 months for which satisfactory data are available; or
(2) a residential area that lacks basic living necessities, such as water and sewer systems, electricity, paved roads, and safe, sanitary housing.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
§12645e. Audits and reports
The Corporation shall comply with applicable audit and reporting requirements as provided in the Chief Financial Officers Act of 1990 (
(
Editorial Notes
References in Text
The Chief Financial Officers Act of 1990, referred to in text, is
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
§12645f. Restrictions on Federal Government and use of Federal funds
(a) General prohibition
Nothing in the national service laws shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school's curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this chapter.
(b) Prohibition on endorsement of curriculum
Notwithstanding any other prohibition of Federal law, no funds provided to the Corporation under this chapter may be used by the Corporation to endorse, approve, or sanction any curriculum designed to be used in an elementary school or secondary school.
(c) Prohibition on requiring Federal approval or certification standards
Notwithstanding any other provision of Federal law, not 1 State shall be required to have academic content or student academic achievement standards approved or certified by the Federal Government, in order to receive assistance under this chapter.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
1 So in original. Probably should be "no".
§12645g. Criminal history checks
(a) In general
Each entity selecting individuals to serve in a position in which the individuals receive a living allowance, stipend, national service educational award, or salary through a program receiving assistance under the national service laws, shall, subject to regulations and requirements established by the Corporation, conduct criminal history checks for such individuals.
(b) Requirements
A criminal history check under subsection (a) shall, except in cases approved for good cause by the Corporation, include—
(1) a name-based search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (
(2)(A) a search of the State criminal registry or repository in the State in which the program is operating and the State in which the individual resides at the time of application; or
(B) submitting fingerprints to the Federal Bureau of Investigation for a national criminal history background check.
(c) Eligibility prohibition
An individual shall be ineligible to serve in a position described under subsection (a) if such individual—
(1) refuses to consent to the criminal history check described in subsection (b);
(2) makes a false statement in connection with such criminal history check;
(3) is registered, or is required to be registered, on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (
(4) has been convicted of murder, as described in
(d) Special rule for individuals working with vulnerable populations
(1) In general
Notwithstanding subsection (b), on and after the date that is 2 years after April 21, 2009, a criminal history check under subsection (a) for each individual described in paragraph (2) shall, except for an entity described in paragraph (3), include—
(A) a name-based search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (
(B) a search of the State criminal registry or repository in the State in which the program is operating and the State in which the individual resides at the time of application; and
(C) submitting fingerprints to the Federal Bureau of Investigation for a national criminal history background check.
(2) Individuals with access to vulnerable populations
An individual described in this paragraph is an individual age 18 or older who—
(A) serves in a position in which the individual receives a living allowance, stipend, national service educational award, or salary through a program receiving assistance under the national service laws; and
(B) as a result of such individual's service in such position, has or will have access, on a recurring basis, to—
(i) children age 17 years or younger;
(ii) individuals age 60 years or older; or
(iii) individuals with disabilities.
(3) Exceptions
The provisions of this subsection shall not apply to an entity—
(A) where the service provided by individuals serving with the entity to a vulnerable population described in paragraph (2)(B) is episodic in nature or for a 1-day period;
(B) where the cost to the entity of complying with this subsection is prohibitive;
(C) where the entity is not authorized, or is otherwise unable, under State law, to access the national criminal history background check system of the Federal Bureau of Investigation;
(D) where the entity is not authorized, or is otherwise unable, under Federal law, to access the national criminal history background check system of the Federal Bureau of Investigation; or
(E) to which the Corporation otherwise provides an exemption from this subsection for good cause.
(
Editorial Notes
References in Text
The Adam Walsh Child Protection and Safety Act of 2006, referred to in subsecs. (b)(1), (c)(3), and (d)(1)(A), is
Amendments
2009—
Statutory Notes and Related Subsidiaries
Effective Date
Enactment and amendment by
1 See References in Text note below.
Division G—Corporation for National and Community Service
§12651. Corporation for National and Community Service
There is established a Corporation for National and Community Service that shall administer the programs established under the national service laws. The Corporation shall be a Government corporation, as defined in
(
Editorial Notes
Prior Provisions
A prior section 12651,
Amendments
1993—
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
"(1)
"(A) 18 months after the date of enactment of this Act [Sept. 21, 1993]; or
"(B) on such earlier date as the President shall determine to be appropriate and announce by proclamation published in the Federal Register.
"(2)
[Section 203, and the amendments made by section 203, of
Effective Date
"(1)
"(2)
Transfer of Functions of Commission on National and Community Service
"(1)
"(2)
"(3)
"(A) for purposes of such application, references to the term 'ACTION Agency' shall be deemed to be references to the Commission on National and Community Service; and
"(B) paragraph (10) of such section shall not preclude the transfer of the members of the Board of Directors of the Commission to the Corporation if, on the effective date of this subsection, the Board of Directors of the Corporation has not been confirmed."
Transfer of Functions From ACTION Agency
"(1)
"(A) the term 'Chief Executive Officer' means the Chief Executive Officer of the Corporation;
"(B) the term 'Corporation' means the Corporation for National and Community Service, established under section 191 of the National and Community Service Act of 1990 [
"(C) the term 'Federal agency' has the meaning given to the term 'agency' by
"(D) the term 'function' means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and
"(E) the term 'office' includes any office, administration, agency, institute, unit, organizational entity, or component thereof.
"(2)
"(3)
"(4)
"(5)
"(6)
"(7)
"(A)
"(B)
"(C)
"(8)
"(A)
"(i) that have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions that are transferred under this subsection; and
"(ii) that are in effect at the time this subsection takes effect [see Effective Date of 1993 Amendment note above], or were final before the effective date of this subsection and are to become effective on or after the effective date of this subsection,
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Chief Executive Officer, or other authorized official, a court of competent jurisdiction, or by operation of law.
"(B)
"(C)
"(D)
"(E)
"(9)
"(10)
"(A) the services of such officers, employees, and other personnel of the ACTION Agency with respect to functions that will be or have been transferred to the Corporation by this subsection; and
"(B) funds appropriated to such functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this subsection."
Study To Examine and Increase Service Programs for Displaced Workers in Services Corps and Community Service and To Develop Pilot Program Planning Study
"(a)
"(1) specific areas of need for displaced workers;
"(2) how existing programs and activities (as of the time of the study) carried out under the national service laws could better serve displaced workers and communities that have been adversely affected by plant closings and job losses;
"(3) prospects for better utilization of displaced workers as resources and volunteers; and
"(4) methods for ensuring the efficient financial organization of services directed towards displaced workers.
"(b)
"(c)
"(d)
"(e)
"(f)
Continuing Performance of Certain Functions by Commission on National and Community Service
Business Plan for Corporation for National and Community Service
"(a)
"(1)
"(2)
"(A) an adjournment of the Congress sine die; and
"(B) the days on which either House is not in session because of an adjournment of more than 3 days to a date certain.
"(b)
"(1)
"(A) a description of the manner in which the Corporation will allocate funds for programs carried out by the Corporation after October 1, 1993;
"(B) information on the principal offices and officers of the Corporation that will allocate such funds; and
"(C) information that indicates how accountability for such funds can be determined, in terms of the office or officer responsible for such funds.
"(2)
"(A) to ensure continuity, during the transition period, and after the transition period, in the investigative and audit functions carried out by the Inspector General of ACTION prior to such period, consistent with
"(B) to carry out investigative and audit functions and implement financial management controls regarding programs carried out by the Corporation after October 1, 1993, consistent with
"(i) the manner in which the Office of Inspector General shall be established in the Corporation, in accordance with section 194(b) of the National Community Service Act of 1990 [
"(ii) the manner in which grants made by the Corporation shall be audited by such Office and the financial management controls that shall apply with regard to such grants and programs.
"(3)
"(4)
"(5)
"(A)
"(B)
"(C)
"(D)
"(i) measures to ensure adequate staffing during the transition period with respect to programs carried out by the Corporation after October 1, 1993; and
"(ii) the responsibilities and authorities of the Managing Directors and other key personnel of the Corporation.
"(E)
"(i) an explanation of the number of the employees of the Corporation who will be paid at or above the rate of pay for level 1 of the Senior Executive Service Schedule under
"(ii) information justifying such pay for such employees.
"(6)
"(c)
Executive Documents
Proc. No. 6662. Transfer of Functions of ACTION Agency to Corporation for National and Community Service
Proc. No. 6662, Apr. 4, 1994, 59 F.R. 16507, provided:
On September 21, 1993, I had the honor of signing into law the National and Community Service Trust Act of 1993 [
In the few short months since the Corporation's establishment, enormous progress has been made toward the achievement of these invaluable goals. Final regulations have been published governing the Corporation's new grant programs, grant application packages have been developed, and a national recruitment effort has begun. As a result of intensive outreach efforts, most states have already established State Commissions on National and Community Service, and many local programs, national nonprofit organizations, institutions of higher education, and Federal agencies are eager to participate. Grant competitions have begun for a summer program that will focus on our Nation's public safety concerns, and all community service grant competitions will be completed by this summer. Finally, the Corporation has established the National Civilian Community Corps, which will take advantage of closed and down-sized military bases to launch environmental clean-up and preservation efforts.
The ACTION Agency, provided for by the Domestic Volunteer Service Act of 1973 [
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States of America, including but not limited to sections 203(c)(2) and (d)(1)(B) of the National and Community Service Trust Act of 1993 [set out above], proclaim that all functions of the Director of the ACTION Agency are hereby transferred to the Corporation for National and Community Service, effective April 4, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of April, in the year of our Lord nineteen hundred and ninety-four, and of the Independence of the United States of America the two hundred and eighteenth.
William J. Clinton.
Ex. Ord. No. 12819. Establishing Presidential Youth Award for Community Service
Ex. Ord. No. 12819, Oct. 28, 1992, 57 F.R. 49369, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
George Bush.
Ex. Ord. No. 13285. President's Council on Service and Civic Participation
Ex. Ord. No. 13285, Jan. 29, 2003, 68 F.R. 5203, as amended by Ex. Ord. No. 13371, Jan. 27, 2005, 70 F.R. 5041; Ex. Ord. No. 13424, Jan. 26, 2007, 72 F.R. 4409; Ex. Ord. No. 13471, Aug. 28, 2008, 73 F.R. 51209, 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 the recognition of volunteer service and civic participation by all Americans, and especially America's youth, it is hereby ordered as follows:
(b) The Council shall be composed of up to 25 members, including representatives of America's youth, appointed by the President. Each member shall serve for a term of 2 years and may continue to serve after the expiration of their term until a successor is appointed. The President shall designate one member to serve as Chair and one member to serve as Vice Chair. Subject to the direction of the Chief Executive Officer of the CNCS, the Chair, and in the Chair's absence the Vice Chair, shall convene and preside at the meetings of the Council, determine its agenda, and direct its work.
(c) To conduct and vote on official business during meetings, the Council must convene a quorum of at least 10 Council members.
(a) The mission and functions of the Council shall be to:
(i) promote volunteer service and civic participation in American society;
(ii) encourage the recognition of outstanding volunteer service through the presentation of the President's Volunteer Service Award by Council members and Certifying Organizations, thereby encouraging more such activity;
(iii) promote the efforts and needs of local non-profits and volunteer organizations, including volunteer centers;
(iv) promote greater public access to information about existing volunteer opportunities, including via the Internet;
(v) assist with the promotion of Federally administered volunteer programs and the link that they have to increasing and strengthening community volunteer service; and
(vi) promote increased and sustained private sector sponsorship of and engagement in volunteer service.
(b) In carrying out its mission, the Council shall:
(i) encourage broad participation in the President's Volunteer Service Award program by qualified individuals and groups, especially students in primary schools, secondary schools, and institutions of higher learning;
(ii) exchange information and ideas with interested individuals and organizations on ways to expand and improve volunteer service and civic participation;
(iii) advise the Chief Executive Officer of the CNCS on broad dissemination, especially among schools and youth organizations, of information regarding recommended practices for the promotion of volunteer service and civic participation, and other relevant educational and promotional materials;
(iv) monitor and advise the Chief Executive Officer of the CNCS on the need for the enhancement of materials disseminated pursuant to subsection 2(b)(iii) of this order; and
(v) make recommendations from time to time to the President, through the Director of the USA Freedom Corps, on ways to encourage greater levels of volunteer service and civic participation by individuals, schools, and organizations.
(b) The members of the Council shall serve without compensation for their work on the Council. Members of the Council who are not officers or employees of the United States may receive travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government (
(c) To the extent permitted by law, the Chief Executive Officer of the CNCS shall furnish the Council with necessary staff, supplies, facilities, and other administrative services and shall pay the expenses of the Council.
(d) The Chief Executive Officer of the CNCS shall appoint an Executive Director to head the staff of the Council.
(e) The Council, with the approval of the Chief Executive Officer of the CNCS, may establish subcommittees of the Council, consisting exclusively of members of the Council, as appropriate to aid the Council in carrying out its mission under this order.
(b) Unless further extended by the President, this order shall expire on June 30, 2009.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
George W. Bush.
§12651a. Board of Directors
(a) Composition
(1) In general
There shall be in the Corporation a Board of Directors (referred to in this division as the "Board") that shall be composed of—
(A) 15 members, including an individual between the ages of 16 and 25 who—
(i) has served in a school-based or community-based service-learning program; or
(ii) is or was a participant or a supervisor in a program;
to be appointed by the President, by and with the advice and consent of the Senate; and
(B) the ex officio nonvoting members described in paragraph (3).
(2) Qualifications
To the maximum extent practicable, the President shall appoint members—
(A) who have extensive experience in volunteer or service activities, which may include programs funded under one of the national service laws, and in State government;
(B) who represent a broad range of viewpoints;
(C) who are experts in the delivery of human, educational, environmental, or public safety services;
(D) so that the Board shall be diverse according to race, ethnicity, age, gender, and disability characteristics; and
(E) so that no more than 50 percent of the appointed members of the Board, plus 1 additional appointed member, are from a single political party.
(3) Ex officio members
The Secretary of Education, the Secretary of Health and Human Services, the Secretary of Labor, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Housing and Urban Development, the Secretary of Defense, the Attorney General, the Director of the Peace Corps, the Administrator of the Environmental Protection Agency, and the Chief Executive Officer shall serve as ex officio nonvoting members of the Board.
(b) Officers
(1) Chairperson
The President shall appoint a member of the Board to serve as the initial Chairperson of the Board. Each subsequent Chairperson shall be elected by the Board from among its members.
(2) Vice Chairperson
The Board shall elect a Vice Chairperson from among its membership.
(3) Other officers
The Board may elect from among its membership such additional officers of the Board as the Board determines to be appropriate.
(c) Terms
Subject to subsection (e), each appointed member shall serve for a term of 5 years.
(d) Vacancies
If a vacancy occurs on the Board, a new member shall be appointed by the President, by and with the advice and consent of the Senate, and serve for the remainder of the term for which the predecessor of such member was appointed. The vacancy shall not affect the power of the remaining members to execute the duties of the Board.
(e) Service until appointment of successor
A voting member of the Board whose term has expired may continue to serve on the Board until the date on which the member's successor takes office, which period shall not exceed 1 year.
(
Editorial Notes
Amendments
2009—Subsec. (c).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date
Section effective Sept. 21, 1993, see section 202(i)(2) of
§12651b. Authorities and duties of the Board of Directors
(a) Meetings
The Board shall meet not less often than 3 times each year. The Board shall hold additional meetings at the call of the Chairperson of the Board, or if 6 members of the Board request such meetings in writing.
(b) Quorum
A majority of the appointed members of the Board shall constitute a quorum.
(c) Authorities of officers
(1) Chairperson
The Chairperson of the Board may call and conduct meetings of the Board.
(2) Vice Chairperson
The Vice Chairperson of the Board may conduct meetings of the Board in the absence of the Chairperson.
(d) Expenses
While away from their homes or regular places of business on the business of the Board, members of such Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of
(e) Special Government employees
For purposes of the provisions of
(f) Status of members
(1) Tort claims
For the purposes of the tort claims provisions of
(2) Other claims
A member of the Board shall have no personal liability under Federal law with respect to any claim arising out of or resulting from any act or omission by such person, within the scope of the service of the member on the Board, in connection with any transaction involving the provision of financial assistance by the Corporation. This paragraph shall not be construed to limit personal liability for criminal acts or omissions, willful or malicious misconduct, acts or omissions for private gain, or any other act or omission outside the scope of the service of such member on the Board.
(3) Effect on other law
This subsection shall not be construed—
(A) to affect any other immunities and protections that may be available to such member under applicable law with respect to such transactions;
(B) to affect any other right or remedy against the Corporation, against the United States under applicable law, or against any person other than a member of the Board participating in such transactions; or
(C) to limit or alter in any way the immunities that are available under applicable law for Federal officials and employees not described in this subsection.
(g) Duties
The Board shall have responsibility for setting overall policy for the Corporation and shall—
(1) review and approve the strategic plan described in
(2) review and approve the proposal described in
(3) review and approve the proposal described in
(4) review and approve the evaluation plan described in
(5)(A) review, and advise the Chief Executive Officer regarding, the actions of the Chief Executive Officer with respect to the personnel of the Corporation, and with respect to such standards, policies, procedures, programs, and initiatives as are necessary or appropriate to carry out the national service laws;
(B) inform the Chief Executive Officer of any aspects of the actions of the Chief Executive Officer that are not in compliance with the annual strategic plan referred to in paragraph (1), the proposals referred to in paragraphs (2) and (3), or the plan referred to in paragraph (4), or are not consistent with the objectives of the national service laws; and
(C) review the performance of the Chief Executive Officer annually and forward a report on that review to the President;
(6) receive any report as provided under subsection (b), (c), or (d) of
(7) make recommendations relating to a program of research for the Corporation with respect to national and community service programs, including service-learning programs;
(8) advise the President and the authorizing committees concerning developments in national and community service that merit the attention of the President and the authorizing committees;
(9) ensure effective dissemination of information regarding the programs and initiatives of the Corporation;
(10) notwithstanding any other provision of law—
(A) make grants to or contracts with Federal and other public departments or agencies, and private nonprofit organizations, for the assignment or referral of volunteers under the provisions of title I of the Domestic Volunteer Service Act of 1973 [
(B) enter into agreements with other Federal agencies or private nonprofit organizations for the support of programs under the national service laws, which—
(i) may provide that the agency or organization shall pay all or a part of the costs of the program, except as is provided in
(ii) shall provide that the program (including any program operated by another Federal agency) will comply with all requirements related to evaluation, performance, and other goals applicable to similar programs under the national service laws, as determined by the Corporation,
(11) prepare and make recommendations to the authorizing committees and the President for changes in the national service laws resulting from the studies and demonstrations the Chief Executive Officer is required to carry out under
(h) Administration
(i) Limitation on participation
All employees and officers of the Corporation shall recuse themselves from decisions that would constitute conflicts of interest.
(j) Coordination with other Federal activities
As part of the agenda of meetings of the Board under subsection (a), the Board shall review projects and programs conducted or funded by the Corporation under the national service laws to improve the coordination between such projects and programs, and the activities of other Federal agencies that deal with the individuals and communities participating in or benefiting from such projects and programs. The ex officio members of the Board specified in
(
Editorial Notes
References in Text
The Domestic Volunteer Service Act of 1973, referred to in subsec. (g)(10)(A), is
Amendments
2022—Subsec. (g)(6).
Subsec. (h).
2009—Subsec. (g).
Subsec. (g)(1).
Subsec. (g)(5)(C).
Subsec. (g)(8).
Subsec. (g)(10).
Subsec. (g)(11).
1993—Subsec. (g)(5)(A), (B).
Subsec. (g)(9).
Subsec. (g)(10).
Subsec. (g)(11).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by section 203(a)(1)(B), (2) of
Effective Date
Section effective Oct. 1, 1993, see section 202(i) of
§12651c. Chief Executive Officer
(a) Appointment
The Corporation shall be headed by an individual who shall serve as Chief Executive Officer of the Corporation, and who shall be appointed by the President, by and with the advice and consent of the Senate.
(b) Compensation
The Chief Executive Officer shall be compensated at the rate provided for level III of the Executive Schedule under
(c) Regulations
The Chief Executive Officer shall prescribe such rules and regulations as are necessary or appropriate to carry out the national service laws.
(
Editorial Notes
Amendments
2009—Subsec. (b).
1993—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by section 203(a)(1)(B) of
Effective Date
Section effective Sept. 21, 1993, see section 202(i)(2) of
Regulations
§12651d. Authorities and duties of the Chief Executive Officer
(a) General powers and duties
The Chief Executive Officer shall be responsible for the exercise of the powers and the discharge of the duties of the Corporation that are not reserved to the Board, and shall have authority and control over all personnel of the Corporation, except as provided in
(b) Duties
In addition to the duties conferred on the Chief Executive Officer under any other provision of the national service laws, the Chief Executive Officer, in collaboration with the State Commissions, shall—
(1) prepare and submit to the Board a strategic plan, including a plan for having 50 percent of all approved national service positions be full-time positions by 2012, every 3 years, and annual updates of the plan, for the Corporation with respect to the major functions and operations of the Corporation;
(2)(A) prepare and submit to the Board a proposal with respect to such grants and allotments, contracts, other financial assistance, and designation of positions as approved national service positions, as are necessary or appropriate to carry out the national service laws; and
(B) after receiving and reviewing an approved proposal under
(3)(A) prepare and submit to the Board a proposal regarding, the regulations established under
(B) after receiving and reviewing an approved proposal under
(i) establish such standards, policies, and procedures as are necessary or appropriate to carry out the national service laws; and
(ii) establish and administer such programs and initiatives as are necessary or appropriate to carry out the national service laws;
(4)(A) prepare and submit to the Board a plan for the evaluation of programs established under the national service laws, in accordance with
(B) after receiving an approved proposal under
(i) establish measurable performance goals and objectives for such programs, in accordance with
(ii) provide for periodic evaluation of such programs to assess the manner and extent to which the programs achieve the goals and objectives, in accordance with such section;
(5) consult with appropriate Federal agencies in administering the programs and initiatives;
(6) suspend or terminate payments and positions described in paragraph (2)(B), in accordance with
(7) prepare and submit to the authorizing committees and the Board an annual report on actions taken to achieve the goal of having 50 percent of all approved national service positions be full-time positions by 2012 as described in paragraph (1), including an assessment of the progress made toward achieving that goal and the actions to be taken in the coming year toward achieving that goal;
(8) prepare and submit to the Board an annual report, and such interim reports as may be necessary, describing the major actions of the Chief Executive Officer with respect to the personnel of the Corporation, and with respect to such standards, policies, procedures, programs, and initiatives;
(9) inform the Board of, and provide an explanation to the Board regarding, any substantial differences regarding the implementation of the national service laws between—
(A) the actions of the Chief Executive Officer; and
(B)(i) the strategic plan approved by the Board under
(ii) the proposals approved by the Board under paragraph (2) or (3) of
(iii) the evaluation plan approved by the Board under
(10) prepare and submit to the authorizing committees an annual report, and such interim reports as may be necessary, describing—
(A) the services referred to in paragraph (1), and the money and property referred to in paragraph (2), of
(B) the manner in which the Corporation used or disposed of such services, money, and property; and
(C) information on the results achieved by the programs funded under the national service laws during the year preceding the year in which the report is prepared;
(11) provide for studies (including the evaluations described in subsection (f)) and demonstrations that evaluate, and prepare and submit to the Board periodically, a report containing recommendations regarding, issues related to—
(A) the administration and organization of programs authorized under the national service laws or under
(i) whether the State and national priorities, as described in
(ii) the manner in which—
(I) educational and other outcomes of both stipended and nonstipended service and service-learning are defined and measured in such service programs; and
(II) such outcomes should be defined and measured in such service programs;
(iii) whether stipended service programs, and service programs providing educational benefits in return for service, should focus on economically disadvantaged individuals or at-risk youth or whether such programs should include a mix of individuals, including individuals from middle- and upper-income families;
(iv) the role and importance of stipends and educational benefits in achieving desired outcomes in the service programs;
(v) the potential for cost savings and coordination of support and oversight services from combining functions performed by ACTION State offices and State Commissions;
(vi) the implications of the results from such studies and demonstrations for authorized funding levels for the service programs; and
(vii) other issues that the Director determines to be relevant to the administration and organization of the service programs; and
(B) the number, potential consolidation, and future organization of national service or domestic volunteer service programs that are authorized under Federal law, including VISTA, service corps assisted under division C and other programs authorized by this chapter, programs administered by the Public Health Service, the Department of Defense, or other Federal agencies, programs regarding teacher corps, and programs regarding work-study and higher education loan forgiveness or forbearance programs authorized by the Higher Education Act of 1965 (
(12) for purposes of
(13) bolster the public awareness of and recruitment efforts for the wide range of service opportunities for citizens of all ages, regardless of socioeconomic status or geographic location, through a variety of methods, including—
(A) print media;
(B) the Internet and related emerging technologies;
(C) television;
(D) radio;
(E) presentations at public or private forums;
(F) other innovative methods of communication; and
(G) outreach to offices of economic development, State employment security agencies, labor organizations and trade associations, local educational agencies, institutions of higher education, agencies and organizations serving veterans and individuals with disabilities, and other institutions or organizations from which participants for programs receiving assistance from the national service laws can be recruited;
(14) identify and implement methods of recruitment to—
(A) increase the diversity of participants in the programs receiving assistance under the national service laws; and
(B) increase the diversity of service sponsors of programs desiring to receive assistance under the national service laws;
(15) coordinate with organizations of former participants of national service programs for service opportunities that may include capacity building, outreach, and recruitment for programs receiving assistance under the national service laws;
(16) collaborate with organizations with demonstrated expertise in supporting and accommodating individuals with disabilities, including institutions of higher education, to identify and implement methods of recruitment to increase the number of participants who are individuals with disabilities in the programs receiving assistance under the national service laws;
(17) identify and implement recruitment strategies and training programs for bilingual volunteers in the National Senior Service Corps under title II of the Domestic Volunteer Service Act of 1973 [
(18) collaborate with organizations that have established volunteer recruitment programs to increase the recruitment capacity of the Corporation;
(19) where practicable, provide application materials in languages other than English for individuals with limited English proficiency who wish to participate in a national service program;
(20) collaborate with the training and technical assistance programs described in division K with respect to the activities described in
(21) coordinate the clearinghouses described in
(22) coordinate with entities receiving funds under division C in establishing the National Service Reserve Corps under
(23) identify and implement strategies to increase awareness among Indian tribes of the types and availability of assistance under the national service laws, increase Native American participation in programs under the national service laws, collect information on challenges facing Native American communities, and designate a Strategic Advisor for Native American Affairs to be responsible for the execution of those activities under the national service laws;
(24) conduct outreach to ensure the inclusion of economically disadvantaged individuals in national service programs and activities authorized under the national service laws; and
(25) ensure that outreach, awareness, and recruitment efforts are consistent with the Americans with Disabilities Act of 1990 (
(c) Powers
In addition to the authority conferred on the Chief Executive Officer under any other provision of the national service laws, the Chief Executive Officer may—
(1) establish, alter, consolidate, or discontinue such organizational units or components within the Corporation as the Chief Executive Officer considers necessary or appropriate, consistent with Federal law, and shall, to the maximum extent practicable, consolidate such units or components of the divisions of the Corporation described in
(2) with the approval of the President, arrange with and reimburse the heads of other Federal agencies for the performance of any of the provisions of the national service laws;
(3) with their consent, utilize the services and facilities of Federal agencies with or without reimbursement, and, with the consent of any State, or political subdivision of a State, accept and utilize the services and facilities of the agencies of such State or subdivisions without reimbursement;
(4) allocate and expend funds made available under the national service laws;
(5) disseminate, without regard to the provisions of
(6) collect or compromise all obligations to or held by the Chief Executive Officer and all legal or equitable rights accruing to the Chief Executive Officer in connection with the payment of obligations in accordance with
(7) file a civil action in any court of record of a State having general jurisdiction or in any district court of the United States, with respect to a claim arising under this chapter;
(8) exercise the authorities of the Corporation under
(9) consolidate the reports to the authorizing committees required under the national service laws, and the report required under
(10) obtain the opinions of peer reviewers in evaluating applications to the Corporation for assistance under this subchapter; and
(11) generally perform such functions and take such steps consistent with the objectives and provisions of the national service laws, as the Chief Executive Officer determines to be necessary or appropriate to carry out such provisions.
(d) Delegation
(1) "Function" defined
As used in this subsection, the term "function" means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program.
(2) In general
Except as otherwise prohibited by law or provided in the national service laws, the Chief Executive Officer may delegate any function under the national service laws, and authorize such successive redelegations of such function as may be necessary or appropriate. No delegation of a function by the Chief Executive Officer under this subsection or under any other provision of the national service laws shall relieve such Chief Executive Officer of responsibility for the administration of such function.
(3) Function of Board
The Chief Executive Officer may not delegate a function of the Board without the permission of the Board.
(e) Actions
In an action described in subsection (c)(7)—
(1) a district court referred to in such subsection shall have jurisdiction of such a civil action without regard to the amount in controversy;
(2) such an action brought by the Chief Executive Officer shall survive notwithstanding any change in the person occupying the office of Chief Executive Officer or any vacancy in that office;
(3) no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Chief Executive Officer or the Board or property under the control of the Chief Executive Officer or the Board; and
(4) nothing in this section shall be construed to except litigation arising out of activities under this chapter from the application of
(f) Evaluations
(1) Evaluation of living allowance
The Corporation shall arrange for an independent evaluation to determine the levels of living allowances paid in all programs under divisions C and I, individually, by State, and by region. Such evaluation shall determine the effects that such living allowances have had on the ability of individuals to participate in such programs.
(2) Evaluation of success of investment in national service
(A) Evaluation required
The Corporation shall arrange for the independent evaluation of the operation of division C to determine the levels of participation of economically disadvantaged individuals in national service programs carried out or supported using assistance provided under
(B) Period covered by evaluation
The evaluation required by this paragraph shall cover the period beginning on the date the Corporation first makes a grant under
(C) Income levels of participants
The evaluating entity shall determine the total income of each participant who serves, during the period covered by the evaluation, in a national service program carried out or supported using assistance provided under
(D) Assistance for distressed areas
The evaluating entity shall also determine the amount of assistance provided under
(E) Definitions
As used in this paragraph:
(i) Independent
The term "independent" has the meaning given the term in section 480(d) of the Higher Education Act of 1965 (
(ii) Total income
The term "total income" has the meaning given the term in section 480(a) of the Higher Education Act of 1965 (
(g) Recruitment and public awareness functions
(1) Effort
The Chief Executive Officer shall ensure that the Corporation, in carrying out the recruiting and public awareness functions of the Corporation, shall expend at least the level of effort on recruitment and public awareness activities related to the programs carried out under the Domestic Volunteer Service Act of 1973 (
(2) Personnel
The Chief Executive Officer shall assign or hire, as necessary, such additional national, regional, and State personnel to carry out such recruiting and public awareness functions as may be necessary to ensure that such functions are carried out in a timely and effective manner. The Chief Executive Officer shall give priority in the hiring of such additional personnel to individuals who have formerly served as volunteers in the programs carried out under the Domestic Volunteer Service Act of 1973 [
(3) Funds
For the first fiscal year after the effective date of this subsection, and for each fiscal year thereafter, for the purpose of carrying out such recruiting and public awareness functions, the Chief Executive Officer shall obligate not less than 1.5 percent of the amounts appropriated for the fiscal year under section 501(a) of the Domestic Volunteer Service Act of 1973 [
(h) Authority to contract with businesses
The Chief Executive Officer may, through contracts or cooperative agreements, carry out the marketing duties described in subsection (b)(13), with priority given to those entities that have established expertise in the recruitment of disadvantaged youth, members of Indian tribes, and older adults.
(i) Campaign to solicit funds
The Chief Executive Officer may conduct a campaign to solicit funds to conduct outreach and recruitment campaigns to recruit a diverse population of service sponsors of, and participants in, programs and projects receiving assistance under the national service laws.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (b)(11)(A)(i), (B), (c)(7), and (e)(4), was in the original "this Act", meaning
The Higher Education Act of 1965, referred to in subsec. (b)(11)(B), is
The Domestic Volunteer Service Act of 1973, referred to in subsecs. (b)(17) and (g)(1), (2), is
The Americans with Disabilities Act of 1990, referred to in subsec. (b)(25), is
For the effective date of the Serve America Act, referred to in subsec. (f)(2)(B), as Oct. 1, 2009, see section 6101(a) of
For the effective date of this subsection, referred to in subsec. (g)(3), see Effective Date of 1993 Amendment note below.
Amendments
2022—Subsec. (a).
2009—Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2)(B).
Subsec. (b)(7) to (9).
Subsec. (b)(10).
Subsec. (b)(11).
Subsec. (b)(11)(A)(i).
Subsec. (b)(12) to (25).
Subsec. (c)(9).
Subsec. (c)(10), (11).
Subsec. (f)(2)(B).
Subsecs. (h), (i).
1994—Subsec. (g).
1993—Subsecs. (b) to (d).
Subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by section 203(a)(1)(B), (3) of
Effective Date
Section effective Oct. 1, 1993, see section 202(i) of
2 So in original. The closing parenthesis probably should not appear.
§12651e. Officers
(a) Managing Directors
(1) In general
There shall be in the Corporation 2 Managing Directors, who shall be appointed by the President, and who shall report to the Chief Executive Officer.
(2) Compensation
The Managing Directors shall be compensated at the rate provided for level IV of the Executive Schedule under
(3) Duties
The Corporation shall determine the programs for which the Managing Directors shall have primary responsibility and shall establish the divisions of the Corporation to be headed by the Managing Directors.
(b) Inspector General
(1) Office
There shall be in the Corporation an Office of the Inspector General.
(2) Appointment
The Office shall be headed by an Inspector General, appointed in accordance with
(c) Chief Financial Officer
(1) In general
There shall be in the Corporation a Chief Financial Officer, who shall be appointed by the Chief Executive Officer pursuant to subsections (a) and (b) of
(2) Duties
The Chief Financial Officer shall—
(A) report directly to the Chief Executive Officer regarding financial management matters;
(B) oversee all financial management activities relating to the programs and operations of the Corporation;
(C) develop and maintain an integrated accounting and financial management system for the Corporation, including financial reporting and internal controls;
(D) develop and maintain any joint financial management systems with the Department of Education necessary to carry out the programs of the Corporation; and
(E) direct, manage, and provide policy guidance and oversight of the financial management personnel, activities, and operations of the Corporation.
(d) Assistant Directors for VISTA and National Senior Service Corps
(1) Appointment
One of the Managing Directors appointed under subsection (a) shall, in accordance with applicable provisions of title 5, appoint 4 Assistant Directors who shall report directly to such Managing Director, of which—
(A) 1 Assistant Director shall be responsible for programs carried out under parts A [
(B) 1 Assistant Director shall be responsible for programs carried out under part A of title II of that Act [
(C) 1 Assistant Director shall be responsible for programs carried out under part B of title II of that Act [
(D) 1 Assistant Director shall be responsible for programs carried out under part C of title II of that Act [
(2) Effective date for exercise of authority
Each Assistant Director appointed pursuant to paragraph (1) may exercise the authority assigned to each such Director only after the effective date of section 203(c)(2) of the National and Community Service Trust Act of 1993.
(
Editorial Notes
References in Text
The Domestic Volunteer Service Act of 1973, referred to in subsec. (d)(1), is
Section 203(c)(2) of the National and Community Service Trust Act of 1993, referred to in subsec. (d)(2), is section 203(c)(2) of
Amendments
2022—Subsec. (b)(2).
2012—Subsec. (a)(1).
2009—Subsec. (c).
"(1)
"(2)
2008—Subsec. (b)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by
Effective Date of 2009 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1993, see section 202(i) of
1 See References in Text note below.
§12651f. Employees, consultants, and other personnel
(a) Employees
Except as provided in subsection (b),
(b) Alternative personnel system
(1) Authority
The Chief Executive Officer may designate positions in the Corporation as positions to which the Chief Executive Officer may make appointments, and for which the Chief Executive Officer may determine compensation, without regard to the provisions of title 5 governing appointments in the competitive service, and without regard to the provisions of
(2) Appointment in the competitive service after employment under alternative personnel system
The Director of the Office of Personnel Management may grant competitive status for appointment to the competitive service, under such conditions as the Director may prescribe, to an employee who is appointed under this subsection and who is separated from the Corporation (other than by removal for cause).
(3) Selection and compensation system
(A) Establishment of system
The Chief Executive Officer, after obtaining the approval of the Director of the Office of Personnel Management, shall issue regulations establishing a selection and compensation system for employees of the Corporation appointed under paragraph (1). In issuing such regulations, the Chief Executive Officer shall take into consideration the need for flexibility in such a system.
(B) Application
The Chief Executive Officer shall appoint and determine the compensation of employees in accordance with the selection and compensation system established under subparagraph (A).
(C) Selection
The system established under subparagraph (A) shall provide for the selection of employees—
(i) through a competitive process; and
(ii) on the basis of the qualifications of applicants and the requirements of the positions.
(D) Compensation
The system established under subparagraph (A) shall include a scheme for the classification of positions in the Corporation. The system shall require that the compensation of an employee be determined in part on the basis of the job performance of the employee, and in a manner consistent with the principles described in
(c) Corporation representative in each State
(1) Designation of representative
The Corporation shall designate 1 employee of the Corporation for each State or group of States to serve as the representative of the Corporation in the State or States and to assist the Corporation in carrying out the activities described in the national service laws in the State or States.
(2) Duties
The representative designated under this subsection for a State or group of States shall serve as the liaison between—
(A) the Corporation and the State Commission that is established in the State or States;
(B) the Corporation and any subdivision of a State, territory, Indian tribe, public or private nonprofit organization, or institution of higher education, in the State or States, that is awarded a grant under
(C) after the effective date of section 203(c)(2) of the National and Community Service Trust Act of 1993, the State Commission and the Corporation employee responsible for programs under the Domestic Volunteer Service Act of 1973 [
(3) Nonvoting member of State Commission
The representative designated under this subsection for a State or group of States shall also serve as a nonvoting member of the State Commission established in the State or States, as described in
(4) Compensation
If the employee designated under paragraph (1) is an employee whose appointment was made pursuant to subsection (b), the rate of compensation for such employee may not exceed the maximum rate of basic pay payable for GS–13 of the General Schedule under
(d) Consultants
The Chief Executive Officer may procure the temporary and intermittent services of experts and consultants and compensate the experts and consultants in accordance with
(e) Details of personnel
The head of any Federal department or agency may detail on a reimbursable basis, or on a nonreimbursable basis for not to exceed 180 calendar days during any fiscal year, as agreed upon by the Chief Executive Officer and the head of the Federal agency, any of the personnel of that department or agency to the Corporation to assist the Corporation in carrying out the duties of the Corporation under the national service laws. Any detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee.
(f) Advisory committees
(1) Establishment
The Chief Executive Officer, acting upon the recommendation of the Board, may establish advisory committees in the Corporation to advise the Board with respect to national service issues, such as the type of programs to be established or assisted under the national service laws, priorities and criteria for such programs, and methods of conducting outreach for, and evaluation of, such programs.
(2) Composition
Such an advisory committee shall be composed of members appointed by the Chief Executive Officer, with such qualifications as the Chief Executive Officer may specify.
(3) Expenses
Members of such an advisory committee may be allowed travel expenses as described in
(4) Staff
(A) In general
Except as provided in subparagraph (B), the Chief Executive Officer is authorized to appoint and fix the compensation of such staff as the Chief Executive Officer determines to be necessary to carry out the functions of the advisory committee, without regard to—
(i) the provisions of title 5 governing appointments in the competitive service; and
(ii) the provisions of
(B) Compensation
If a member of the staff appointed under subparagraph (A) was appointed without regard to the provisions described in clauses (i) and (ii) of subparagraph (A), the rate of compensation for such member may not exceed the maximum rate of basic pay payable for GS–13 of the General Schedule under
(g) Personal services contracts
The Corporation may enter into personal services contracts to carry out research, evaluation, and public awareness related to the national service laws.
(
Editorial Notes
References in Text
Section 203(c)(2) of the National and Community Service Trust Act of 1993, referred to in subsec. (c)(2)(C), is section 203(c)(2) of
The Domestic Volunteer Service Act of 1973, referred to in subsec. (c)(2)(C), is
Prior Provisions
A prior section 195 of
Amendments
2022—Subsec. (a).
2009—Subsec. (c)(2)(B).
Subsec. (c)(3).
Subsec. (g).
1993—Subsecs. (c)(1), (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by section 203(a)(1)(B) of
Effective Date
Section effective Oct. 1, 1993, see section 202(i) of
§12651g. Administration
(a) Donations
(1) Services
(A) Organizations and individuals
Notwithstanding
(B) Limitation
A person who provides assistance, either individually or as a member of an organization, in accordance with subparagraph (A) shall not be considered to be a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits, except that—
(i) for the purposes of the tort claims provisions of
(ii) for the purposes of subchapter I of
(iii) for purposes of the provisions of
(C) Inherently governmental function
(i) In general
Such a person shall not carry out an inherently governmental function.
(ii) Regulations
The Chief Executive Officer shall promulgate regulations to carry out this subparagraph.
(iii) "Inherently governmental function" defined
As used in this subparagraph, the term "inherently governmental function" means any activity that is so intimately related to the public interest as to mandate performance by an officer or employee of the Federal Government, including an activity that requires either the exercise of discretion in applying the authority of the Government or the use of value judgment in making a decision for the Government.
(2) Property
(A) In general
The Corporation may solicit, accept, hold, administer, use, and dispose of, in furtherance of the purposes of the national service laws, donations of any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise. Donations accepted under this subparagraph shall be used as nearly as possible in accordance with the terms, if any, of such donation.
(B) Status of contribution
Any donation accepted under subparagraph (A) shall be considered to be a gift, devise, or bequest to, or for the use of, the United States.
(C) Rules
The Chief Executive Officer shall establish written rules to ensure that the solicitation, acceptance, holding, administration, and use of property described in subparagraph (A)—
(i) will not reflect unfavorably upon the ability of the Corporation, or of any officer or employee of the Corporation, to carry out the responsibilities or official duties of the Corporation in a fair and objective manner; and
(ii) will not compromise the integrity of the programs of the Corporation or any official or employee of the Corporation involved in such programs.
(D) Disposition
Upon completion of the use by the Corporation of any property accepted pursuant to subparagraph (A) (other than money or monetary proceeds from sales of property so accepted), such completion shall be reported to the General Services Administration and such property shall be disposed of in accordance with title II of the Federal Property and Administrative Services Act of 1949.1
(b) Contracts
Subject to chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, the Corporation may enter into contracts, and cooperative and interagency agreements, with Federal and State agencies, private firms, institutions, and individuals to conduct activities necessary to assist the Corporation in carrying out the duties of the Corporation under the national service laws.
(c) Office of Management and Budget
Appropriate circulars of the Office of Management and Budget shall apply to the Corporation.
(
Editorial Notes
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (a)(2)(D), is act June 30, 1949, ch. 288,
Codification
In subsec. (b), "chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" substituted for "the Federal Property and Administrative Services Act of 1949" on authority of
Amendments
2009—Subsec. (a)(1)(A).
Subsec. (a)(1)(B).
Subsec. (a)(1)(B)(i).
Subsec. (a)(1)(B)(ii).
Subsec. (a)(1)(B)(iii).
Subsec. (a)(1)(C)(i).
Subsec. (a)(3).
1993—Subsecs. (a)(1)(A), (2)(A), (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by section 203(a)(1)(B) of
Effective Date
Section effective Oct. 1, 1993, see section 202(i) of
1 See References in Text note below.
§12651h. Corporation State offices
(a) In general
The Chief Executive Officer shall establish and maintain a decentralized field structure that provides for an office of the Corporation for each State. The office for a State shall be located in, or in reasonable proximity to, such State. Only one such office may carry out the duties described in subsection (b) with respect to a State at any particular time. Such State office may be directed by the representative designated under
(b) Duties
Each State office established pursuant to subsection (a) shall—
(1) provide to the State Commissions established under
(2) provide to community-based agencies and other entities within the State technical assistance for the preparation of applications for assistance under the national service laws, utilizing, as appropriate, information and materials provided by the clearinghouses established pursuant to section 12653a 1 of this title;
(3) provide to the State Commission and other entities within the State support and technical assistance necessary to assure the existence of an effective system of recruitment, placement, and training of volunteers within the State;
(4) monitor and evaluate the performance of all programs and projects within the State that receive assistance under the national service laws; and
(5) perform such other duties and functions as may be assigned or delegated by the Chief Executive Officer.
(
Editorial Notes
References in Text
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1993, see section 202(i) of
1 See References in Text note below.
§12651i. VISTA Advance Payments Revolving Fund
Notwithstanding section 101,1 the level for "Corporation for National and Community Service, Domestic Volunteer Service Programs, Operating Expenses" shall be $316,550,000, of which $3,500,000 shall be for establishment in the Treasury of a VISTA Advance Payments Revolving Fund (in this section referred to as the "Fund") for the Corporation for National and Community Service which, in addition to reimbursements collected from eligible public agencies and private nonprofit organizations pursuant to cost-share agreements, shall be available until expended to make advance payments in furtherance of title I of the Domestic Volunteer Service Act of 1973 [
(
Editorial Notes
References in Text
Section 101, referred to in text, is section 101 of title I of div. B of
The Domestic Volunteer Service Act of 1973, referred to in text, is
Codification
Section was enacted as part of the Continuing Appropriations Resolution, 2007, and not as part of the National and Community Service Act of 1990 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definitions
1 See References in Text note below.
§12651j. Assignment to State Commissions
(a) Assignment
In accordance with
(b) Report
Not later than 2 years after the effective date of the Serve America Act, the Corporation shall submit a report to the authorizing committees describing the consultation process described in subsection (a), including the stakeholders consulted, the recommendation of stakeholders, and any actions taken by the Corporation under this section.
(
Editorial Notes
References in Text
For the effective date of the Serve America Act, referred to in subsec. (b), as Oct. 1, 2009, see section 6101(a) of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
§12651k. Study of involvement of veterans
(a) Study and report
The Corporation shall conduct a study and submit a report to the authorizing committees, not later than 3 years after the effective date of the Serve America Act, on—
(1) the number of veterans serving in national service programs historically by year;
(2) strategies being undertaken to identify the specific areas of need of veterans, including any goals set by the Corporation for veterans participating in the service programs;
(3) the impact of the strategies described in paragraph (2) and the Veterans Corps on enabling greater participation by veterans in the national service programs carried out under the national service laws;
(4) how existing programs and activities carried out under the national service laws could be improved to serve veterans, veterans service organizations, families of active-duty military, including gaps in services to veterans;
(5) the extent to which existing programs and activities carried out under the national service laws are coordinated and recommendations to improve such coordination including the methods for ensuring the efficient financial organization of services directed towards veterans; and
(6) how to improve utilization of veterans as resources and volunteers.
(b) Consultation
In conducting the studies and preparing the reports required under this subsection, the Corporation shall consult with veterans' service organizations, the Secretary of Veterans Affairs, State veterans agencies, the Secretary of Defense, as appropriate, and other individuals and entities the Corporation considers appropriate.
(
Editorial Notes
References in Text
For the effective date of the Serve America Act, referred to in subsec. (a), as Oct. 1, 2009, see section 6101(a) of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
Division H—Investment for Quality and Innovation
Editorial Notes
Prior Provisions
This division is comprised of subtitle H, §§198–198C, 198H, 198K, 198O, 198P, and 198S, of title I of
Part I—Additional Corporation Activities To Support National Service
§12653. Additional Corporation activities to support national service
(a) Methods of conducting activities
The Corporation may carry out this section directly (except as provided in subsection (g)) or through grants, contracts, and cooperative agreements with other entities.
(b) Innovation and quality improvement
The Corporation may undertake activities to address emergent needs through summer programs and other activities, and to support service-learning programs and national service programs, including—
(1) programs, including programs for rural youth, under division B or C;
(2) employer-based retiree programs;
(3) intergenerational programs;
(4) programs involving individuals with disabilities as participants providing service; and
(5) programs sponsored by Governors.
(c) Conferences and materials
The Corporation may organize and hold conferences, and prepare and publish materials, to disseminate information and promote the sharing of information among programs for the purpose of improving the quality of programs and projects.
(d) Research
The Corporation may support research on national service, including service-learning.
(e) Youth leadership
The Corporation may support activities to enhance the ability of youth and young adults to play leadership roles in national service.
(f) National program identity
The Corporation may support the development and dissemination of materials, including training materials, and arrange for uniforms and insignia, designed to promote unity and shared features among programs that receive assistance under the national service laws.
(g) Global Youth Service Day
(1) Designation
April 24, 2009, and April 23, 2010, are each designated as "Global Youth Service Days". The President is authorized and directed to issue a proclamation calling on the people of the United States to observe the day with appropriate youth-led community improvement and service-learning activities.
(2) Federal activities
In order to observe Global Youth Service Day at the Federal level, the Corporation and other Federal departments and agencies may organize and carry out appropriate youth-led community improvement and service-learning activities.
(3) Activities
The Corporation and other Federal departments and agencies may make grants to public or private nonprofit organizations with demonstrated ability to carry out appropriate activities, in order to support such activities on Global Youth Service Day.
(h) Assistance for Head Start
The Corporation may make grants to, and enter into contracts and cooperative agreements with, public or nonprofit private agencies and organizations that receive grants or contracts under the Foster Grandparent Program (part B of title II of the Domestic Volunteer Service Act of 1973 [
(i) Martin Luther King, Jr., Service Day
(1) Assistance
The Corporation may make grants to eligible entities described in paragraph (2) to pay for the Federal share of the cost of planning and carrying out service opportunities in conjunction with the Federal legal holiday honoring the birthday of Martin Luther King, Jr. Such service opportunities shall consist of activities reflecting the life and teachings of Martin Luther King, Jr., such as cooperation and understanding among racial and ethnic groups, nonviolent conflict resolution, equal economic and educational opportunities, and social justice.
(2) Eligible entities
Any entity otherwise eligible for assistance under the national services laws shall be eligible to receive a grant under this subsection.
(3) Repealed. Pub. L. 105–354, §2(b), Nov. 3, 1998, 112 Stat. 3244
(4) Federal share
Grants provided under this subsection to an eligible entity to support the planning and carrying out of a service opportunity in conjunction with the Federal legal holiday honoring the birthday of Martin Luther King, Jr., together with all other Federal funds used to plan or carry out the service opportunity, may not exceed 30 percent of the cost of planning and carrying out the service opportunity.
(5) Calculation of entity contributions
In determining the non-Federal share of the costs of planning and carrying out a service opportunity supported by a grant under this subsection, the Corporation shall consider in-kind contributions (including facilities, equipment, and services) made to plan or carry out the service opportunity.
(j) Call to Service Campaign
Not later than 180 days after April 21, 2009, the Corporation shall conduct a nationwide "Call To Service" campaign, to encourage all people of the United States, regardless of age, race, ethnicity, religion, or economic status, to engage in full- or part-time national service, long- or short-term public service in the nonprofit sector or government, or volunteering. In conducting the campaign, the Corporation may collaborate with other Federal agencies and entities, State Commissions, Governors, nonprofit and faith-based organizations, businesses, institutions of higher education, elementary schools, and secondary schools.
(k) September 11th Day of Service
(1) Federal activities
The Corporation may organize and carry out appropriate ceremonies and activities, which may include activities that are part of the broader Call to Service Campaign under subsection (j), in order to observe the September 11th National Day of Service and Remembrance at the Federal level.
(2) Activities
The Corporation may make grants and provide other support to community-based organizations to assist in planning and carrying out appropriate service, charity, and remembrance opportunities in conjunction with the September 11th National Day of Service and Remembrance.
(3) Consultation
The Corporation may consult with and make grants or provide other forms of support to nonprofit organizations with expertise in representing families of victims of the September 11, 2001 terrorist attacks and other impacted constituencies, and in promoting the establishment of September 11 as an annually recognized National Day of Service and Remembrance.
(
Editorial Notes
References in Text
The Domestic Volunteer Service Act of 1973, referred to in subsec. (h), is
The Head Start Act, referred to in subsec. (h), is subchapter B (§§635–657) of
Prior Provisions
A prior section 12653,
Amendments
2009—
Subsec. (a).
Subsec. (b).
Subsec. (g).
Subsec. (g)(1).
Subsec. (g)(2).
Subsec. (g)(3).
Subsecs. (j), (k).
1998—Subsec. (s)(3).
1994—Subsec. (q)(1).
Subsec. (s).
1993—Subsec. (r).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by section 405(p)(2) of
Effective Date
Section effective Oct. 1, 1993, see section 123 of
Executive Documents
Executive Order No. 13560
Ex. Ord. No. 13560, Dec. 14, 2010, 75 F.R. 78875, which established the White House Council for Community Solutions, was superseded and revoked by Ex. Ord. No. 13748, §5, Nov. 16, 2016, 81 F.R. 83621, set out as a note under
§12653a. Presidential awards for service
(a) Presidential awards
(1) In general
The President, acting through the Corporation, may make Presidential awards for service to individuals providing significant service, and to outstanding service programs.
(2) Individuals and programs
Notwithstanding
(A) an individual receiving an award under this subsection need not be a participant in a program authorized under this chapter; and
(B) a program receiving an award under this subsection need not be a program authorized under this chapter.
(3) Nature of award
In making an award under this section to an individual or program, the President, acting through the Corporation—
(A) is authorized to incur necessary expenses for the honorary recognition of the individual or program; and
(B) is not authorized to make a cash award to such individual or program.
(b) Information
The President, acting through the Corporation, shall ensure that information concerning individuals and programs receiving awards under this section is widely disseminated.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a)(2), was in the original "this Act", meaning
Codification
Section was formerly classified to
Prior Provisions
A prior section 12653a,
Another prior section 12653a,
Amendments
2009—Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1993, see section 123 of
§12653b. ServeAmerica Fellowships
(a) Definitions
In this section:
(1) Area of national need
The term "area of national need" means an area involved in efforts to—
(A) improve education in schools for economically disadvantaged students;
(B) expand and improve access to health care;
(C) improve energy efficiency and conserve natural resources;
(D) improve economic opportunities for economically disadvantaged individuals; or
(E) improve disaster preparedness and response.
(2) Eligible fellowship recipient
The term "eligible fellowship recipient" means an individual who is selected by a State Commission under subsection (c) and, as a result of such selection, is eligible for a ServeAmerica Fellowship.
(3) Fellow
The term "fellow" means an eligible fellowship recipient who is awarded a ServeAmerica Fellowship and is designated a fellow under subsection (e)(2).
(4) Small service sponsor organization
The term "small service sponsor organization" means a service sponsor organization described in subsection (d)(1) that has not more than 10 full-time employees and 10 part-time employees.
(b) Grants
(1) In general
From the amounts appropriated under
(2) Allotment; administrative costs
(A) Allotment
The amount allotted to a State Commission for a fiscal year shall be equal to an amount that bears the same ratio to the amount appropriated under
(B) Reallotment
If a State Commission does not apply for an allotment under this subsection for any fiscal year, or if the State Commission's application is not approved, the Corporation shall reallot the amount of the State Commission's allotment to the remaining State Commissions in accordance with subparagraph (A).
(C) Administrative costs
Of the amount allotted to a State Commission under subparagraph (A), not more than 1.5 percent of such amount may be used for administrative costs.
(3) Number of positions
The Corporation shall—
(A) establish or increase the number of approved national service positions under this subsection during each of fiscal years 2010 through 2014;
(B) establish the number of approved positions at 500 for fiscal year 2010; and
(C) increase the number of the approved positions to—
(i) 750 for fiscal year 2011;
(ii) 1,000 for fiscal year 2012;
(iii) 1,250 for fiscal year 2013; and
(iv) 1,500 for fiscal year 2014.
(4) Uses of grant funds
(A) Required uses
A grant awarded under this subsection shall be used to enable fellows to carry out service projects in areas of national need.
(B) Permitted uses
A grant awarded under this subsection may be used for—
(i) oversight activities and mechanisms for the service sites of the fellows, as determined necessary by the State Commission or the Corporation, which may include site visits;
(ii) activities to augment the experience of fellows, including activities to engage the fellows in networking opportunities with other national service participants; and
(iii) recruitment or training activities for fellows.
(5) Applications
To be eligible to receive a grant under this subsection, a State Commission shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may require, including information on the criteria and procedures that the State Commission will use for overseeing ServeAmerica Fellowship placements for service projects, under subsection (e).
(c) Eligible fellowship recipients
(1) Application
(A) In general
An applicant desiring to become an eligible fellowship recipient shall submit an application to a State Commission that has elected to participate in the program authorized under this section, at such time and in such manner as the Commission may require, and containing the information described in subparagraph (B) and such additional information as the Commission may require. An applicant may submit such application to only 1 State Commission for a fiscal year.
(B) Contents
The Corporation shall specify information to be provided in an application submitted under this subsection, which—
(i) shall include—
(I) a description of the area of national need that the applicant intends to address in the service project;
(II) a description of the skills and experience the applicant has to address the area of national need;
(III) a description of the type of service the applicant plans to provide as a fellow; and
(IV) information identifying the local area within the State served by the Commission in which the applicant plans to serve for the service project; and
(ii) may include, if the applicant chooses, the size of the registered service sponsor organization with which the applicant hopes to serve.
(2) Selection
Each State Commission shall—
(A) select, from the applications received by the State Commission for a fiscal year, the number of eligible fellowship recipients that may be supported for that fiscal year based on the amount of the grant received by the State Commission under subsection (b); and
(B) make an effort to award one-third of the fellowships available to the State Commission for a fiscal year, based on the amount of the grant received under subsection (b), to applicants who propose to serve the fellowship with small service sponsor organizations registered under subsection (d).
(d) Service sponsor organizations
(1) In general
Each service sponsor organization shall—
(A) be a nonprofit organization;
(B) satisfy qualification criteria established by the Corporation or the State Commission, including standards relating to organizational capacity, financial management, and programmatic oversight;
(C) not be a recipient of other assistance, approved national service positions, or approved summer of service positions under the national service laws; and
(D) at the time of registration with a State Commission, enter into an agreement providing that the service sponsor organization shall—
(i) abide by all program requirements;
(ii) provide an amount described in subsection (e)(3)(b) 1 for each fellow serving with the organization through the ServeAmerica Fellowship;
(iii) be responsible for certifying whether each fellow serving with the organization successfully completed the ServeAmerica Fellowship, and record and certify in a manner specified by the Corporation the number of hours served by a fellow for purposes of determining the fellow's eligibility for benefits; and
(iv) provide timely access to records relating to the ServeAmerica Fellowship to the State Commission, the Corporation, and the Inspector General of the Corporation.
(2) Registration
(A) Requirement
No service sponsor organization may receive a fellow under this section until the organization registers with the State Commission.
(B) Clearinghouse
The State Commission shall maintain a list of registered service sponsor organizations on a public website.
(C) Revocation
If a State Commission determines that a service sponsor organization is in violation of any of the applicable provisions of this section—
(i) the State Commission shall revoke the registration of the organization;
(ii) the organization shall not be eligible to receive assistance, approved national service positions, or approved summer of service positions under this subchapter for not less than 5 years; and
(iii) the State Commission shall have the right to remove a fellow from the organization and relocate the fellow to another site.
(e) Fellows
(1) In general
To be eligible to participate in a service project as a fellow and receive a ServeAmerica Fellowship, an eligible fellowship recipient shall—
(A) within 3 months after being selected as an eligible fellowship recipient by a State Commission, select a registered service sponsor organization described in subsection (d)—
(i) with which the recipient is interested in serving under this section; and
(ii) that is located in the State served by the State Commission;
(B) enter into an agreement with the organization—
(i) that specifies the service the recipient will provide if the placement is approved; and
(ii) in which the recipient agrees to serve for 1 year on a full-time or part-time basis (as determined by the Corporation); and
(C) submit such agreement to the State Commission.
(2) Award
Upon receiving the eligible fellowship recipient's agreement under paragraph (1), the State Commission shall award a ServeAmerica Fellowship to the recipient and designate the recipient as a fellow.
(3) Fellowship amount
(A) In general
From amounts received under subsection (b), each State Commission shall award each of the State's fellows a ServeAmerica Fellowship amount that is equal to 50 percent of the amount of the average annual VISTA subsistence allowance.
(B) Amount from service sponsor organization
(i) In general
Except as provided in clause (ii) and subparagraph (E), the service sponsor organization shall award to the fellow serving such organization an amount that will ensure that the total award received by the fellow for service in the service project (consisting of such amount and the ServeAmerica Fellowship amount the fellow receives under subparagraph (A)) is equal to or greater than 70 percent of the average annual VISTA subsistence allowance.
(ii) Small service sponsor organizations
In the case of a small service sponsor organization, the small service sponsor organization may decrease the amount of the service sponsor organization award required under clause (i) to not less than an amount that will ensure that the total award received by the fellow for service in the service project (as calculated in clause (i)) is equal to or greater than 60 percent of the average annual VISTA subsistence allowance.
(C) Maximum living allowance
The total amount that may be provided to a fellow under this subparagraph shall not exceed 100 percent of the average annual VISTA subsistence allowance.
(D) Proration of amount
In the case of a fellow who is authorized to serve a part-time term of service under the agreement described in paragraph (1)(B)(ii), the amount provided to a fellow under this paragraph shall be prorated accordingly.
(E) Waiver
The Corporation may allow a State Commission to waive the amount required under subparagraph (B) from the service sponsor organization for a fellow serving the organization if—
(i) such requirement is inconsistent with the objectives of the ServeAmerica Fellowship program; and
(ii) the amount provided to the fellow under subparagraph (A) is sufficient to meet the necessary costs of living (including food, housing, and transportation) in the area in which the ServeAmerica Fellowship program is located.
(F) Definition
In this paragraph, the term "average annual VISTA subsistence allowance" means the total average annual subsistence allowance provided to VISTA volunteers under
(f) Compliance with ineligible service categories
Service under a ServeAmerica Fellowship shall comply with
(g) Reports
Each service sponsor organization that receives a fellow under this section shall, on a biweekly basis, report to the Corporation on the number of hours served and the services provided by that fellow. The Corporation shall establish a web portal for the organizations to use in reporting the information.
(h) Educational awards
A fellow who serves in a service project under this section shall be considered to have served in an approved national service position and, upon meeting the requirements of
(
Editorial Notes
Prior Provisions
A prior section 12653b,
Another prior section 12653b,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
1 So in original. Probably should be "(e)(3)(B)".
§12653c. Silver Scholarships and Encore Fellowships
(a) Silver Scholarship Grant Program
(1) Establishment
The Corporation may award fixed-amount grants (in accordance with
(2) Term
Each program funded under this subsection shall be carried out over a period of 3 years (which may include 1 planning year), with a 1-year extension possible, if the program meets performance levels developed in accordance with
(3) Applications
To be eligible for a grant under this subsection, a community-based entity shall—
(A) submit to the Corporation an application at such time and in such manner as the Chief Executive Officer may reasonably require; and
(B) be a listed organization as described in subsection (b)(4).
(4) Collaboration encouraged
A community-based entity awarded a grant under this subsection is encouraged to collaborate with programs funded under title II of the Domestic Volunteer Service Act of 1973 [
(5) Eligibility for fellowship
An individual is eligible to receive a Silver Scholarship if the community-based entity certifies to the Corporation that the individual has completed not less than 350 hours of service under this section in a 1-year period.
(6) Transfer to trust
The Corporation shall transfer an appropriate amount of funds to the National Service Trust to provide for the national service educational award for each silver scholar under this subsection.
(7) Support services
A community-based entity receiving a fixed-amount grant under this subsection may use a portion of the grant to provide transportation services to an eligible individual to allow such individual to participate in a service project.
(b) Encore Fellowships
(1) Establishment
The Corporation may award 1-year Encore Fellowships to enable individuals age 55 or older to—
(A) carry out service projects in areas of national need; and
(B) receive training and development in order to transition to full- or part-time public service in the nonprofit sector or government.
(2) Program
In carrying out the program, the Corporation shall—
(A) maintain a list of eligible organizations for which Encore Fellows may be placed to carry out service projects through the program and shall provide the list to all Fellowship recipients; and
(B) at the request of a Fellowship recipient—
(i) determine whether the requesting recipient is able to meet the service needs of a listed organization, or another organization that the recipient requests in accordance with paragraph (5)(B), for a service project; and
(ii) upon making a favorable determination under clause (i), award the recipient with an Encore Fellowship, and place the recipient with the organization as an Encore Fellow under paragraph (5)(C).
(3) Eligible recipients
(A) In general
An individual desiring to be selected as a Fellowship recipient shall—
(i) be an individual who—
(I) is age 55 or older as of the time the individual applies for the program; and
(II) is not engaged in, but who wishes to engage in, full- or part-time public service in the nonprofit sector or government; and
(ii) submit an application to the Corporation, at such time, in such manner, and containing such information as the Corporation may require, including—
(I) a description of the area of national need that the applicant hopes to address through the service project;
(II) a description of the skills and experience the applicant has to address an area of national need; and
(III) information identifying the region of the United States in which the applicant wishes to serve.
(B) Selection basis
In determining which individuals to select as Fellowship recipients, the Corporation shall—
(i) select not more than 10 individuals from each State; and
(ii) give priority to individuals with skills and experience for which there is an ongoing high demand in the nonprofit sector and government.
(4) Listed organizations
To be listed under paragraph (2)(A), an organization shall—
(A) be a nonprofit organization; and
(B) submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may require, including—
(i) a description of—
(I) the services and activities the organization carries out generally;
(II) the area of national need that the organization seeks to address through a service project; and
(III) the services and activities the organization seeks to carry out through the proposed service project;
(ii) a description of the skills and experience that an eligible Encore Fellowship recipient needs to be placed with the organization as an Encore Fellow for the service project;
(iii) a description of the training and leadership development the organization shall provide an Encore Fellow placed with the organization to assist the Encore Fellow in obtaining a public service job in the nonprofit sector or government after the period of the Encore Fellowship; and
(iv) evidence of the organization's financial stability.
(5) Placement
(A) Request for placement with listed organizations
To be placed with a listed organization in accordance with paragraph (2)(B) for a service project, an eligible Encore Fellowship recipient shall submit an application for such placement to the Corporation at such time, in such manner, and containing such information as the Corporation may require.
(B) Request for placement with other organization
An eligible Encore Fellowship recipient may apply to the Corporation to serve the recipient's Encore Fellowship year with a nonprofit organization that is not a listed organization. Such application shall be submitted to the Corporation at such time, in such manner, and containing such information as the Corporation shall require, and shall include—
(i) an identification and description of—
(I) the organization;
(II) the area of national need the organization seeks to address; and
(III) the services or activities the organization carries out to address such area of national need;
(ii) a description of the services the eligible Encore Fellowship recipient shall provide for the organization as an Encore Fellow; and
(iii) a letter of support from the leader of the organization, including—
(I) a description of the organization's need for the eligible Encore Fellowship recipient's services;
(II) evidence that the organization is financially sound;
(III) an assurance that the organization will provide training and leadership development to the eligible Encore Fellowship recipient if placed with the organization as an Encore Fellow, to assist the Encore Fellow in obtaining a public service job in the nonprofit sector or government after the period of the Encore Fellowship; and
(IV) a description of the training and leadership development to be provided to the Encore Fellowship recipient if so placed.
(C) Placement and award of Fellowship
If the Corporation determines that the eligible Encore Fellowship recipient is able to meet the service needs (including skills and experience to address an area of national need) of the organization that the eligible fellowship recipient requests under subparagraph (A) or (B), the Corporation shall—
(i) approve the placement of the eligible Encore Fellowship recipient with the organization;
(ii) award the eligible Encore Fellowship recipient an Encore Fellowship for a period of 1 year and designate the eligible Encore Fellowship recipient as an Encore Fellow; and
(iii) in awarding the Encore Fellowship, make a payment, in the amount of $11,000, to the organization to enable the organization to provide living expenses to the Encore Fellow for the year in which the Encore Fellow agrees to serve.
(6) Matching funds
An organization that receives an Encore Fellow under this subsection shall agree to provide, for the living expenses of the Encore Fellow during the year of service, non-Federal contributions in an amount equal to not less than $1 for every $1 of Federal funds provided to the organization for the Encore Fellow through the Encore Fellowship.
(7) Training and assistance
Each organization that receives an Encore Fellow under this subsection shall provide training, leadership development, and assistance to the Encore Fellow, and conduct oversight of the service provided by the Encore Fellow.
(8) Leadership development
Each year, the Corporation shall convene current and former Encore Fellows to discuss the Encore Fellows' experiences related to service under this subsection and discuss strategies for increasing leadership and careers in public service in the nonprofit sector or government.
(c) Evaluations
The Corporation shall conduct an independent evaluation of the programs authorized under subsections (a) and (b) and widely disseminate the results, including recommendations for improvement, to the service community through multiple channels, including the Corporation's Resource Center or a clearinghouse of effective strategies.
(
Editorial Notes
References in Text
The Domestic Volunteer Service Act of 1973, referred to in subsec. (a)(4), is
Prior Provisions
A prior section 12653c,
Another prior section 12653c,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
§12653d. Repealed. Pub. L. 111–13, title I, §1803(a)(3), Apr. 21, 2009, 123 Stat. 1554
Section,
Prior sections 12653d to 12653g were renumbered by
Section 12653d,
Section 12653e,
Section 12653f,
Section 12653g,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 2009, see section 6101(a) of
Part II—National Service Reserve Corps
§12653h. National Service Reserve Corps
(a) Definitions
In this section—
(1) the term "National Service Reserve Corps member" means an individual who—
(A) has completed a term of national service or is a veteran;
(B) has successfully completed training described in subsection (c) within the previous 2 years;
(C) completes not less than 10 hours of volunteering each year (which may include the training session described in subparagraph (B)); and
(D) has indicated interest to the Corporation in responding to disasters and emergencies in a timely manner through the National Service Reserve Corps; and
(2) the term "term of national service" means a term or period of service under
(b) Establishment of National Service Reserve Corps
(1) In general
In consultation with the Federal Emergency Management Agency, the Corporation shall establish a National Service Reserve Corps to prepare and deploy National Service Reserve Corps members to respond to disasters and emergencies in support of national service programs and other requesting programs and agencies.
(2) Grants or contracts
In carrying out this section, the Corporation may enter into a grant or contract with an organization experienced in responding to disasters or in coordinating individuals who have completed a term of national service or are veterans, or may directly deploy National Service Reserve Corps members, as the Corporation determines necessary.
(c) Annual training
The Corporation shall conduct or coordinate annual training sessions, consistent with the training requirements of the Federal Emergency Management Agency, for individuals who have completed a term of national service or are veterans, and who wish to join the National Service Reserve Corps.
(d) Designation of organizations
(1) In general
The Corporation shall designate organizations with demonstrated experience in responding to disasters or emergencies, including through using volunteers, for participation in the program under this section.
(2) Requirements
The Corporation shall ensure that every designated organization is—
(A) prepared to respond to disasters or emergencies;
(B) prepared and able to utilize National Service Reserve Corps members in responding to disasters or emergencies; and
(C) willing to respond in a timely manner when notified by the Corporation of a disaster or emergency.
(e) Databases
The Corporation shall develop or contract with an outside organization to develop—
(1) a database of all National Service Reserve Corps members; and
(2) a database of all nonprofit organizations that have been designated by the Corporation under subsection (d).
(f) Deployment of National Service Reserve Corps
(1) Major disasters or emergencies
If a major disaster or emergency is declared by the President pursuant to section 102 of the Robert T. Stafford Disaster Relief and Assistance Act 1 (
(2) Other disasters or emergencies
For a disaster or emergency that is not declared a major disaster or emergency under section 102 of the Robert T. Stafford Disaster Relief and Assistance Act 1 (
(3) Deployment
Under paragraph (1) or (2), the Corporation may—
(A) deploy interested National Service Reserve Corps members on assignments of not more than 30 days to assist with local needs related to preparing or recovering from the incident in the affected area, either directly or through organizations designated under subsection (d);
(B) make travel arrangements for the deployed National Service Reserve Corps members to the site of the incident; and
(C) provide funds to those organizations that are responding to the incident with deployed National Service Reserve Corps members, to enable the organizations to coordinate and provide housing, living stipends, and insurance for those deployed members.
(4) Allowance
Any amounts that are utilized by the Corporation from funds appropriated under
(5) Information
(A) National service participants
The Corporation, the State Commissions, and entities receiving financial assistance for programs under division C of this subchapter,1 or under part A of title I of the Domestic Volunteer Service Act of 1973 (
(B) Veterans
The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall inform veterans who are recently discharged, released, or separated from the Armed Forces about the National Service Reserve Corps.
(6) Coordination
In deploying National Service Reserve Corps members under this subsection, the Corporation shall—
(A) avoid duplication of activities directed by the Federal Emergency Management Agency; and
(B) consult and, as appropriate, partner with Citizen Corps programs and other local disaster agencies, including State and local emergency management agencies, voluntary organizations active in disaster, State Commissions, and similar organizations, in the affected area.
(
Editorial Notes
References in Text
Section 102 of the Robert T. Stafford Disaster Relief and Assistance Act (
Division C of this subchapter, referred to in subsec. (f)(5)(A), was in the original "subtitle C of this Act" which was translated as meaning subtitle C of title I of
The Domestic Volunteer Service Act of 1973, referred to in subsec. (f)(5)(A), is
Prior Provisions
A prior section 12653h,
Prior sections 12653i and 12653j were renumbered by section 104(b) of
Section 12653i,
Section 12653j,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
1 See References in Text note below.
Part III—Social Innovation Funds Pilot Program
§12653k. Funds
(a) Findings
Congress finds the following:
(1) Social entrepreneurs and other nonprofit community organizations are developing innovative and effective solutions to national and local challenges.
(2) Increased public and private investment in replicating and expanding proven effective solutions, and supporting new solutions, developed by social entrepreneurs and other nonprofit community organizations could allow those entrepreneurs and organizations to replicate and expand proven initiatives, and support new initiatives, in communities.
(3) A network of Social Innovation Funds could leverage Federal investments to increase State, local, business, and philanthropic resources to replicate and expand proven solutions and invest in supporting new innovations to tackle specific identified community challenges.
(b) Purposes
The purposes of this section are—
(1) to recognize and increase the impact of social entrepreneurs and other nonprofit community organizations in tackling national and local challenges;
(2) to stimulate the development of a network of Social Innovation Funds that will increase private and public investment in nonprofit community organizations that are effectively addressing national and local challenges to allow such organizations to replicate and expand proven initiatives or support new initiatives;
(3) to assess the effectiveness of such Funds in—
(A) leveraging Federal investments to increase State, local, business, and philanthropic resources to address national and local challenges;
(B) providing resources to replicate and expand effective initiatives; and
(C) seeding experimental initiatives focused on improving outcomes in the areas described in subsection (f)(3); and
(4) to strengthen the infrastructure to identify, invest in, replicate, and expand initiatives with effective solutions to national and local challenges.
(c) Definitions
In this section:
(1) Community organization
The term "community organization" means a nonprofit organization that carries out innovative, effective initiatives to address community challenges.
(2) Covered entity
The term "covered entity" means—
(A) an existing grantmaking institution (existing as of the date on which the institution applies for a grant under this section); or
(B) a partnership between—
(i) such an existing grantmaking institution; and
(ii) an additional grantmaking institution, a State Commission, or a chief executive officer of a unit of general local government.
(3) Issue area
The term "issue area" means an area described in subsection (f)(3).
(d) Program
From the amounts appropriated to carry out this section that are not reserved under subsections (l) and (m), the Corporation shall establish a Social Innovation Funds grant program to make grants on a competitive basis to eligible entities for Social Innovation Funds.
(e) Periods; amounts
The Corporation shall make such grants for periods of 5 years, and may renew the grants for additional periods of 5 years, in amounts of not less than $1,000,000 and not more than $10,000,000 per year.
(f) Eligibility
To be eligible to receive a grant under subsection (d), an entity shall—
(1) be a covered entity;
(2) propose to focus on—
(A) serving a specific local geographical area; or
(B) addressing a specific issue area;
(3) propose to focus on improving measurable outcomes relating to—
(A) education for economically disadvantaged elementary or secondary school students;
(B) child and youth development;
(C) reductions in poverty or increases in economic opportunity for economically disadvantaged individuals;
(D) health, including access to health services and health education;
(E) resource conservation and local environmental quality;
(F) individual or community energy efficiency;
(G) civic engagement; or
(H) reductions in crime;
(4) have an evidence-based decisionmaking strategy, including—
(A) use of evidence produced by prior rigorous evaluations of program effectiveness including, where available, well-implemented randomized controlled trials; and
(B) a well-articulated plan to—
(i)(I) replicate and expand research-proven initiatives that have been shown to produce sizeable, sustained benefits to participants or society; or
(II) support new initiatives with a substantial likelihood of significant impact; or
(ii) partner with a research organization to carry out rigorous evaluations to assess the effectiveness of such initiatives; and
(5) have appropriate policies, as determined by the Corporation, that protect against conflict of interest, self-dealing, and other improper practices.
(g) Application
To be eligible to receive a grant under subsection (d) for national leveraging capital, an eligible entity shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may specify, including, at a minimum—
(1) an assurance that the eligible entity will—
(A) use the funds received through that capital in order to make subgrants to community organizations that will use the funds to replicate or expand proven initiatives, or support new initiatives, in low-income communities;
(B) in making decisions about subgrants for communities, consult with a diverse cross section of community representatives in the decisions, including individuals from the public, nonprofit private, and for-profit private sectors; and
(C) make subgrants of a sufficient size and scope to enable the community organizations to build their capacity to manage initiatives, and sustain replication or expansion of the initiatives;
(2) an assurance that the eligible entity will not make any subgrants to the parent organizations of the eligible entity, a subsidiary organization of the parent organization, or, if the eligible entity applied for funds under this section as a partnership, any member of the partnership;
(3) an identification of, as appropriate—
(A) the specific local geographical area referred to in subsection (f)(2)(A) that the eligible entity is proposing to serve; or
(B) the issue area referred to in subsection (f)(2)(B) that the eligible entity will address, and the geographical areas that the eligible entity is likely to serve in addressing such issue area;
(4)(A) information identifying the issue areas in which the eligible entity will work to improve measurable outcomes;
(B) statistics on the needs related to those issue areas in, as appropriate—
(i) the specific local geographical area described in paragraph (3)(A); or
(ii) the geographical areas described in paragraph (3)(B), including statistics demonstrating that those geographical areas have high need in the specific issue area that the eligible entity is proposing to address; and
(C) information on the specific measurable outcomes related to the issue areas involved that the eligible entity will seek to improve;
(5) information describing the process by which the eligible entity selected, or will select, community organizations to receive the subgrants, to ensure that the community organizations—
(A) are institutions—
(i) with proven initiatives and a demonstrated track record of achieving specific outcomes related to the measurable outcomes for the eligible entity; or
(ii) that articulate a new solution with a significant likelihood for substantial impact;
(B) articulate measurable outcomes for the use of the subgrant funds that are connected to the measurable outcomes for the eligible entity;
(C) will use the funds to replicate, expand, or support their initiatives;
(D) provide a well-defined plan for replicating, expanding, or supporting the initiatives funded;
(E) can sustain the initiatives after the subgrant period concludes through reliable public revenues, earned income, or private sector funding;
(F) have strong leadership and financial and management systems;
(G) are committed to the use of data collection and evaluation for improvement of the initiatives;
(H) will implement and evaluate innovative initiatives, to be important contributors to knowledge in their fields; and
(I) will meet the requirements for providing matching funds specified in subsection (k);
(6) information about the eligible entity, including its experience managing collaborative initiatives, or assessing applicants for grants and evaluating the performance of grant recipients for outcome-focused initiatives, and any other relevant information;
(7) a commitment to meet the requirements of subsection (i) and a plan for meeting the requirements, including information on any funding that the eligible entity has secured to provide the matching funds required under that subsection;
(8) a description of the eligible entity's plan for providing technical assistance and support, other than financial support, to the community organizations that will increase the ability of the community organizations to achieve their measurable outcomes;
(9) information on the commitment, institutional capacity, and expertise of the eligible entity concerning—
(A) collecting and analyzing data required for evaluations, compliance efforts, and other purposes;
(B) supporting relevant research; and
(C) submitting regular reports to the Corporation, including information on the initiatives of the community organizations, and the replication or expansion of such initiatives;
(10) a commitment to use data and evaluations to improve the eligible entity's own model and to improve the initiatives funded by the eligible entity; and
(11) a commitment to cooperate with any evaluation activities undertaken by the Corporation.
(h) Selection criteria
In selecting eligible entities to receive grants under subsection (d), the Corporation shall—
(1) select eligible entities on a competitive basis;
(2) select eligible entities on the basis of the quality of their selection process, as described in subsection (g)(5), the capacity of the eligible entities to manage Social Innovation Funds, and the potential of the eligible entities to sustain the Funds after the conclusion of the grant period;
(3) include among the grant recipients eligible entities that propose to provide subgrants to serve communities (such as rural low-income communities) that the eligible entities can demonstrate are significantly philanthropically underserved;
(4) select a geographically diverse set of eligible entities; and
(5) take into account broad community perspectives and support.
(i) Matching funds for grants
(1) In general
The Corporation may not make a grant to an eligible entity under subsection (d) for a Social Innovation Fund unless the entity agrees that, with respect to the cost described in subsection (d) for that Fund, the entity will make available matching funds in an amount equal to not less than $1 for every $1 of funds provided under the grant.
(2) Additional requirements
(A) Type and sources
The eligible entity shall provide the matching funds in cash. The eligible entity shall provide the matching funds from State, local, or private sources, which may include State or local agencies, businesses, private philanthropic organizations, or individuals.
(B) Eligible entities including State Commissions or local government offices
(i) In general
In a case in which a State Commission, a local government office, or both entities are a part of the eligible entity, the State involved, the local government involved, or both entities, respectively, shall contribute not less than 30 percent and not more than 50 percent of the matching funds.
(ii) Local government office
In this subparagraph, the term "local government office" means the office of the chief executive officer of a unit of general local government.
(3) Reduction
The Corporation may reduce by 50 percent the matching funds required by paragraph (1) for an eligible entity serving a community (such as a rural low-income community) that the eligible entity can demonstrate is significantly philanthropically underserved.
(j) Subgrants
(1) Subgrants authorized
An eligible entity receiving a grant under subsection (d) is authorized to use the funds made available through the grant to award, on a competitive basis, subgrants to expand or replicate proven initiatives, or support new initiatives with a substantial likelihood of success, to—
(A) community organizations serving low-income communities within the specific local geographical area described in the eligible entity's application in accordance with subsection (g)(3)(A); or
(B) community organizations addressing a specific issue area described in the eligible entity's application in accordance with subsection (g)(3)(B), in low-income communities in the geographical areas described in the application.
(2) Periods; amounts
The eligible entity shall make such subgrants for periods of not less than 3 and not more than 5 years, and may renew the subgrants for such periods, in amounts of not less than $100,000 per year.
(3) Applications
To be eligible to receive a subgrant from an eligible entity under this section, including receiving a payment for that subgrant each year, a community organization shall submit an application to an eligible entity that serves the specific local geographical area, or geographical areas, that the community organization proposes to serve, at such time, in such manner, and containing such information as the eligible entity may require, including—
(A) a description of the initiative the community organization carries out and plans to replicate or expand, or of the new initiative the community organization intends to support, using funds received from the eligible entity, and how the initiative relates to the issue areas in which the eligible entity has committed to work in the eligible entity's application, in accordance with subsection (g)(4)(A);
(B) data on the measurable outcomes the community organization has improved, and information on the measurable outcomes the community organization seeks to improve by replicating or expanding a proven initiative or supporting a new initiative, which shall be among the measurable outcomes that the eligible entity identified in the eligible entity's application, in accordance with subsection (g)(4)(C);
(C) an identification of the community in which the community organization proposes to carry out an initiative, which shall be within a local geographical area described in the eligible entity's application in accordance with subparagraph (A) or (B) of subsection (g)(3), as applicable;
(D) a description of the evidence-based decisionmaking strategies the community organization uses to improve the measurable outcomes, including—
(i) use of evidence produced by prior rigorous evaluations of program effectiveness including, where available, well-implemented randomized controlled trials; or
(ii) a well-articulated plan to conduct, or partner with a research organization to conduct, rigorous evaluations to assess the effectiveness of initiatives addressing national or local challenges;
(E) a description of how the community organization uses data to analyze and improve its initiatives;
(F) specific evidence of how the community organization will meet the requirements for providing matching funds specified in subsection (k);
(G) a description of how the community organization will sustain the replicated or expanded initiative after the conclusion of the subgrant period; and
(H) any other information the eligible entity may require, including information necessary for the eligible entity to fulfill the requirements of subsection (g)(5).
(k) Matching funds for subgrants
(1) In general
An eligible entity may not make a subgrant to a community organization under this section for an initiative described in subsection (j)(3)(A) unless the organization agrees that, with respect to the cost of carrying out that initiative, the organization will make available, on an annual basis, matching funds in an amount equal to not less than $1 for every $1 of funds provided under the subgrant. If the community organization fails to make such matching funds available for a fiscal year, the eligible entity shall not make payments for the remaining fiscal years of the subgrant period, notwithstanding any other provision of this part.
(2) Types and sources
The community organization shall provide the matching funds in cash. The community organization shall provide the matching funds from State, local, or private sources, which may include funds from State or local agencies or private sector funding.
(l) Direct support
(1) Program authorized
The Corporation may use not more than 10 percent of the funds appropriated for this section to award grants to community organizations serving low-income communities or addressing a specific issue area in geographical areas that have the highest need in that issue area, to enable such community organizations to replicate or expand proven initiatives or support new initiatives.
(2) Terms and conditions
A grant awarded under this subsection shall be subject to the same terms and conditions as a subgrant awarded under subsection (j).
(3) Application; matching funds
Paragraphs (2) and (3) of subsection (j) and subsection (k) shall apply to a community organization receiving or applying for a grant under this subsection in the same manner as such subsections apply to a community organization receiving or applying for a subgrant under subsection (j), except that references to a subgrant shall mean a grant and references to an eligible entity shall mean the Corporation.
(m) Research and evaluation
(1) In general
The Corporation may reserve not more than 5 percent of the funds appropriated for this section for a fiscal year to support, directly or through contract with an independent entity, research and evaluation activities to evaluate the eligible entities and community organizations receiving grants under subsections (d) and (l) and the initiatives supported by the grants.
(2) Research and evaluation activities
(A) Research and reports
(i) In general
The entity carrying out this subsection shall collect data and conduct or support research with respect to the eligible entities and community organizations receiving grants under subsections (d) and (l), and the initiatives supported by such eligible entities and community organizations, to determine the success of the program carried out under this section in replicating, expanding, and supporting initiatives, including—
(I) the success of the initiatives in improving measurable outcomes; and
(II) the success of the program in increasing philanthropic investments in philanthropically underserved communities.
(ii) Reports
The Corporation shall submit periodic reports to the authorizing committees including—
(I) the data collected and the results of the research under this subsection;
(II) information on lessons learned about best practices from the activities carried out under this section, to improve those activities; and
(III) a list of all eligible entities and community organizations receiving funds under this section.
(iii) Public information
The Corporation shall annually post the list described in clause (ii)(III) on the Corporation's website.
(B) Technical assistance
The Corporation shall, directly or through contract, provide technical assistance to the eligible entities and community organizations that receive grants under subsections (d) and (l).
(C) Knowledge management
The Corporation shall, directly or through contract, maintain a clearinghouse for information on best practices resulting from initiatives supported by the eligible entities and community organizations.
(D) Reservation
Of the funds appropriated under
(
Editorial Notes
Prior Provisions
A prior section 12653k,
Prior sections 12653l to 12653n were renumbered by section 104(b) of
Section 12653l,
Section 12653m,
Section 12653n,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
Part IV—National Service Programs Clearinghouses; Volunteer Generation Fund
§12653o. National service programs clearinghouses
(a) In general
The Corporation shall provide assistance, by grant, contract, or cooperative agreement, to entities with expertise in the dissemination of information through clearinghouses to establish 1 or more clearinghouses for information regarding the national service laws, which shall include information on service-learning and on service through other programs receiving assistance under the national service laws.
(b) Function of clearinghouse
Such a clearinghouse may—
(1) assist entities carrying out State or local service-learning and national service programs with needs assessments and planning;
(2) conduct research and evaluations concerning service-learning or programs receiving assistance under the national service laws, except that such clearinghouse may not conduct such research and evaluations if the recipient of the grant, contract, or cooperative agreement establishing the clearinghouse under this section is receiving funds for such purpose under part III of division B or under this division (not including this section);
(3)(A) provide leadership development and training to State and local service-learning program administrators, supervisors, service sponsors, and participants; and
(B) provide training to persons who can provide the leadership development and training described in subparagraph (A);
(4) facilitate communication among—
(A) entities carrying out service-learning programs and programs offered under the national service laws; and
(B) participants in such programs;
(5) provide and disseminate information and curriculum materials relating to planning and operating service-learning programs and programs offered under the national service laws, to States, territories, Indian tribes, and local entities eligible to receive financial assistance under the national service laws;
(6) provide and disseminate information regarding methods to make service-learning programs and programs offered under the national service laws accessible to individuals with disabilities;
(7) disseminate applications in languages other than English;
(8)(A) gather and disseminate information on successful service-learning programs and programs offered under the national service laws, components of such successful programs, innovative curricula related to service-learning, and service-learning projects; and
(B) coordinate the activities of the clearinghouse with appropriate entities to avoid duplication of effort;
(9) make recommendations to State and local entities on quality controls to improve the quality of service-learning programs and programs offered under the national service laws;
(10) assist organizations in recruiting, screening, and placing a diverse population of service-learning coordinators and program sponsors;
(11) disseminate effective strategies for working with disadvantaged youth in national service programs, as determined by organizations with an established expertise in working with such youth; and
(12) carry out such other activities as the Chief Executive Officer determines to be appropriate.
(
Editorial Notes
Prior Provisions
A prior section 12653o,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
§12653p. Volunteer generation fund
(a) Grants authorized
Subject to the availability of appropriations for this section, the Corporation may make grants to State Commissions and nonprofit organizations for the purpose of assisting the State Commissions and nonprofit organizations to—
(1) develop and carry out volunteer programs described in subsection (c); and
(2) make subgrants to support and create new local community-based entities that recruit, manage, or support volunteers as described in such subsection.
(b) Application
(1) In general
Each State Commission or nonprofit organization desiring a grant under this section shall submit an application to the Corporation at such time, in such manner, and accompanied by such information as the Corporation may reasonably require.
(2) Contents
Each application submitted pursuant to paragraph (1) shall contain—
(A)(i) 1 a description of the program that the applicant will provide;
(B) an assurance that the applicant will annually collect information on—
(i) the number of volunteers recruited for activities carried out under this section, using funds received under this section, and the type and amount of activities carried out by such volunteers; and
(ii) the number of volunteers managed or supported using funds received under this section, and the type and amount of activities carried out by such volunteers;
(C) a description of the outcomes the applicant will use to annually measure and track performance with regard to—
(i) activities carried out by volunteers; and
(ii) volunteers recruited, managed, or supported; and
(D) such additional assurances as the Corporation determines to be essential to ensure compliance with the requirements of this section.
(c) Eligible volunteer programs
A State Commission or nonprofit organization receiving a grant under this section shall use the assistance—
(1) directly to carry out volunteer programs or to develop and support community-based entities that recruit, manage, or support volunteers, by carrying out activities consistent with the goals of the subgrants described in paragraph (2); or
(2) through subgrants to community-based entities to carry out volunteer programs or develop and support such entities that recruit, manage, or support volunteers, through 1 or more of the following types of subgrants:
(A) A subgrant to a community-based entity for activities that are consistent with the priorities set by the State's national service plan as described in
(B) A subgrant to recruit, manage, or support volunteers to a community-based entity such as a volunteer coordinating agency, a nonprofit resource center, a volunteer training clearinghouse, an institution of higher education, or a collaborative partnership of faith-based and community-based organizations.
(C) A subgrant to a community-based entity that provides technical assistance and support to—
(i) strengthen the capacity of local volunteer infrastructure organizations;
(ii) address areas of national need (as defined in
(iii) expand the number of volunteers nationally.
(d) Allocation of funds
(1) In general
Of the funds allocated by the Corporation for provision of assistance under this section for a fiscal year—
(A) the Corporation shall use 50 percent of such funds to award grants, on a competitive basis, to State Commissions and nonprofit organizations for such fiscal year; and
(B) the Corporation shall use 50 percent of such funds make 2 an allotment to the State Commissions of each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico based on the formula described in subsections (e) and (f) of
(2) Minimum grant amount
In order to ensure that each State Commission is able to improve efforts to recruit, manage, or support volunteers, the Corporation may determine a minimum grant amount for allotments under paragraph (1)(B).
(e) Limitation on administrative costs
Not more than 5 percent of the amount of any grant provided under this section for a fiscal year may be used to pay for administrative costs incurred by either the recipient of the grant or any community-based entity receiving assistance or a subgrant under such grant.
(f) Matching fund requirements
The Corporation share of the cost of carrying out a program that receives assistance under this section, whether the assistance is provided directly or as a subgrant from the original recipient of the assistance, may not exceed—
(1) 80 percent of such cost for the first year in which the recipient receives such assistance;
(2) 70 percent of such cost for the second year in which the recipient receives such assistance;
(3) 60 percent of such cost for the third year in which the recipient receives such assistance; and
(4) 50 percent of such cost for the fourth year in which the recipient receives such assistance and each year thereafter.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
1 So in original. No cl. (ii) has been enacted.
2 So in original. Probably should be preceded by "to".
Part V—Nonprofit Capacity Building Program
§12653s. Nonprofit capacity building
(a) Definitions
In this section:
(1) Intermediary nonprofit grantee
The term "intermediary nonprofit grantee" means an intermediary nonprofit organization that receives a grant under subsection (b).
(2) Intermediary nonprofit organization
The term "intermediary nonprofit organization" means an experienced and capable nonprofit entity with meaningful prior experience in providing organizational development assistance, or capacity building assistance, focused on small and midsize nonprofit organizations.
(3) Nonprofit
The term "nonprofit", used with respect to an entity or organization, means—
(A) an entity or organization described in
(B) an entity or organization described in paragraph (1) or (2) of section 170(c) of such title.
(4) State
The term "State" means each of the several States, and the District of Columbia.
(b) Grants
The Corporation shall establish a Nonprofit Capacity Building Program to make grants to intermediary nonprofit organizations to serve as intermediary nonprofit grantees. The Corporation shall make the grants to enable the intermediary nonprofit grantees to pay for the Federal share of the cost of delivering organizational development assistance, including training on best practices, financial planning, grantwriting, and compliance with the applicable tax laws, for small and midsize nonprofit organizations, especially those nonprofit organizations facing resource hardship challenges. Each of the grantees shall match the grant funds by providing a non-Federal share as described in subsection (f).
(c) Amount
To the extent practicable, the Corporation shall make such a grant to an intermediary nonprofit organization in each State, and shall make such grant in an amount of not less than $200,000.
(d) Application
To be eligible to receive a grant under this section, an intermediary nonprofit organization shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may require. The intermediary nonprofit organization shall submit in the application information demonstrating that the organization has secured sufficient resources to meet the requirements of subsection (f).
(e) Preference and considerations
(1) Preference
In making such grants, the Corporation shall give preference to intermediary nonprofit organizations seeking to become intermediary nonprofit grantees in areas where nonprofit organizations face significant resource hardship challenges.
(2) Considerations
In determining whether to make a grant the Corporation shall consider—
(A) the number of small and midsize nonprofit organizations that will be served by the grant;
(B) the degree to which the activities proposed to be provided through the grant will assist a wide number of nonprofit organizations within a State, relative to the proposed amount of the grant; and
(C) the quality of the organizational development assistance to be delivered by the intermediary nonprofit grantee, including the qualifications of its administrators and representatives, and its record in providing services to small and midsize nonprofit organizations.
(f) Federal share
(1) In general
The Federal share of the cost as referenced in subsection (b) shall be 50 percent.
(2) Non-Federal share
(A) In general
The non-Federal share of the cost as referenced in subsection (b) shall be 50 percent and shall be provided in cash.
(B) Third party contributions
(i) In general
Except as provided in clause (ii), an intermediary nonprofit grantee shall provide the non-Federal share of the cost through contributions from third parties. The third parties may include charitable grantmaking entities and grantmaking vehicles within existing organizations, entities of corporate philanthropy, corporations, individual donors, and regional, State, or local government agencies, or other non-Federal sources.
(ii) Exception
If the intermediary nonprofit grantee is a private foundation (as defined in
(iii) Maintenance of effort, prior year third-party funding levels
For purposes of maintaining private sector support levels for the activities specified by this program, a non-Federal share that includes donations by third parties shall be composed in a way that does not decrease prior levels of funding from the same third parties granted to the nonprofit intermediary grantee in the preceding year.
(g) Reservation
Of the amount authorized to provide financial assistance under this division, there shall be made available to carry out this section $5,000,000 for each of fiscal years 2010 through 2014.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of
Division I—American Conservation and Youth Service Corps
Editorial Notes
Codification
Subtitle I of title I of
§12655. General authority
The Corporation may make grants to States or local applicants and may transfer funds to the Secretary of Agriculture or to the Secretary of the Interior for the creation or expansion of full-time, part-time, year-round, or summer, youth corps programs 1 To the extent practicable, the Corporation shall apply the provisions of division C in making grants under this section.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
1993—
1992—
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
Short Title
For short title of subtitle I of title I of
1 So in original. Probably should be followed by a period.
§12655a. Limitation on purchase of capital equipment
Not to exceed 10 percent of the amount of assistance made available to a program agency under this division shall be used for the purchase of major capital equipment.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
1993—
1991—Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
§12655b. State application
(a) Submission
To be eligible to receive a grant under this division, a State or Indian tribe (or a local applicant if
(b) General content
An application submitted under subsection (a) shall describe—
(1) any youth corps program proposed to be conducted directly by such applicant with assistance provided under this division; and
(2) any grant program proposed to be conducted by such State with assistance provided under this division for the benefit of entities within such State.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
1993—Subsec. (a).
Subsecs. (c), (d).
1991—Subsec. (c)(14), (15).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
§12655c. Focus of programs
(a) In general
Programs that receive assistance under this division may carry out activities that—
(1) in the case of conservation corps programs, focus on—
(A) conservation, rehabilitation, and the improvement of wildlife habitat, rangelands, parks, and recreational areas;
(B) urban and rural revitalization, historical and cultural site preservation, and reforestation of both urban and rural areas;
(C) fish culture, wildlife habitat maintenance and improvement, and other fishery assistance;
(D) road and trail maintenance and improvement;
(E) erosion, flood, drought, and storm damage assistance and controls;
(F) stream, lake, waterfront harbor, and port improvement;
(G) wetlands protection and pollution control;
(H) insect, disease, rodent, and fire prevention and control;
(I) the improvement of abandoned railroad beds and rights-of-way;
(J) energy conservation projects, renewable resource enhancement, and recovery of biomass;
(K) reclamation and improvement of strip-mined land;
(L) forestry, nursery, and cultural operations; and
(M) making public facilities accessible to individuals with disabilities.
(2) in the case of youth service corps programs, include participant service in—
(A) State, local, and regional governmental agencies;
(B) nursing homes, hospices, senior centers, hospitals, local libraries, parks, recreational facilities, child and adult day care centers, programs serving individuals with disabilities, and schools;
(C) law enforcement agencies,1 and penal and probation systems;
(D) private nonprofit organizations that primarily focus on social service such as community action agencies;
(E) activities that focus on the rehabilitation or improvement of public facilities, neighborhood improvements, literacy training that benefits educationally disadvantaged individuals, weatherization of and basic repairs to low-income housing including housing occupied by older adults, energy conservation (including solar energy techniques), removal of architectural barriers to access by individuals with disabilities to public facilities, activities that focus on drug and alcohol abuse education, prevention and treatment, and conservation, maintenance, or restoration of natural resources on publicly held lands; and
(F) any other nonpartisan civic activities and services that the Corporation determines to be of a substantial social benefit in meeting unmet human, educational, or environmental needs (particularly needs related to poverty) or in the community where volunteer service is to be performed; or
(3) encompass the focuses and services described in both paragraphs (1) and (2).
(b) Limitation on service
No participant shall perform any specific activity for more than a 6-month period. No participant shall remain enrolled in programs assisted under this division for more than 24 months.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
1993—Subsec. (a)(2)(F).
Subsecs. (b), (c).
1991—Subsec. (a)(2).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
1 So in original. The comma probably should not appear.
§12655d. Related programs
An activity administered under the authority of the Secretary of Health and Human Services, that is operated for the same purpose as a program eligible to be carried out under this division, is encouraged to use services available under this division.
(
Editorial Notes
Codification
Section was formerly classified to
§12655e. Public lands or Indian lands
(a) Limitation
To be eligible to receive assistance through a grant provided under this division, a program shall carry out activities on public lands or Indian lands, or result in a public benefit.
(b) Review of applications
In reviewing applications submitted under
(c) Consistency
A program carried out with assistance provided under this division for conservation, rehabilitation, or improvement of any public lands or Indian lands shall be consistent with—
(1) the provisions of law and policies relating to the management and administration of such lands, and all other applicable provisions of law; and
(2) all management, operational, and other plans and documents that govern the administration of such lands.
(d) Participation by other conservation programs
Any land or water conservation program (or any related program) administered in any State under the authority of any Federal program is encouraged to use services available under this part 1 to carry out its program.
(
Editorial Notes
References in Text
This part, referred to in subsec. (d), is unidentifiable in the original because subtitle I (§§199 to 199O) of title I of
Codification
Section was formerly classified to
Amendments
1993—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
1 See References in Text note below.
§12655f. Training and education services
(a) Assessment of skills
Each program agency shall assess the educational level of participants at the time of their entrance into the program, using any available records or simplified assessment means or methodology and shall, where appropriate, refer such participants for testing for specific learning disabilities.
(b) Enhancement of skills
Each program agency shall, through the programs and activities administered under this division, enhance the educational skills of participants.
(c) Provision of pre-service and in-service training and education
(1) Requirement
Each program agency shall use not less than 10 percent of the assistance made available to such agency under this division in each fiscal year to provide pre-service and in-service training and educational materials and services for participants in such a program. Program participants shall be provided with information concerning the benefits to the community that result from the activities undertaken by such participants.
(2) Agreements for academic study
A program agency may enter into arrangements with academic institutions or education providers, including—
(A) local education agencies;
(B) community colleges;
(C) 4-year colleges;
(D) area vocational-technical schools; and
(E) community based organizations;
to evaluate the basic skills of participants and to make academic study available to participants to enable such participants to upgrade literacy skills, to obtain high school diplomas or the equivalent of such diplomas, to obtain college degrees, or to enhance employable skills.
(3) Counseling
Career and educational guidance and counseling shall be provided to a participant during a period of in-service training as described in this subsection. Each graduating participant shall be provided with counseling with respect to additional study, job skills training or employment and shall be provided job placement assistance where appropriate.
(4) Priority for participants without high school diplomas
A program agency shall give priority to participants who have not obtained a high school diploma or the equivalent of such diploma, in providing services under this subsection.
(d) Standards and procedures
(1) Consistency with State and local requirements
Appropriate State and local officials shall certify that standards and procedures with respect to the awarding of academic credit and the certification of educational attainment in programs conducted under subsection (c) are consistent with the requirements of applicable State and local law and regulations.
(2) Academic standards
The standards and procedures described in paragraph (1) shall provide that an individual serving in a program that receives assistance under this division—
(A) who is not a high school graduate, participate in an educational curriculum so that such individual can earn a high school diploma or the equivalent of such diploma; and
(B) may arrange to receive academic credit in recognition of the education and skills obtained from service satisfactorily completed.
(
Editorial Notes
Codification
Section was formerly classified to
§12655g. Repealed. Pub. L. 103–82, title I, §101(e)(8)(A), Sept. 21, 1993, 107 Stat. 816
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1993, see section 123 of
§12655h. Preference for certain projects
(a) In general
In the consideration of applications submitted under
(1) will provide long-term benefits to the public;
(2) will instill a work ethic and a sense of public service in the participants;
(3) will be labor intensive, and involve youth operating in crews;
(4) can be planned and initiated promptly; and
(5) will enhance skills development and educational level and opportunities for the participants.
(b) Special rule
In the consideration of applications under this division the Corporation shall ensure the equitable treatment of both urban and rural areas.
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 199H of
Amendments
1993—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
§12655i. Age and citizenship criteria for enrollment
(a) Age and citizenship
Enrollment in programs that receive assistance under this division shall be limited to individuals who, at the time of enrollment, are—
(1) not less than 16 years nor more than 25 years of age, except that summer programs may include individuals not less than 14 years nor more than 21 years of age at the time of the enrollment of such individuals; and
(2) citizens or nationals of the United States or lawful permanent resident aliens of the United States.
(b) Participation of disadvantaged youth
Programs that receive assistance under this division shall ensure that educationally and economically disadvantaged youth, including youth in foster care who are becoming too old for foster care, youth with disabilities, youth with limited English proficiency, youth with limited basic skills or learning disabilities and homeless youth, are offered opportunities to enroll.
(c) Special corps members
Notwithstanding subsection (a)(1), program agencies may enroll a limited number of special corps members over age 25 so that the corps may draw on their special skills to fulfill the purposes of this chapter. Programs are encouraged to consider senior citizens as special corps members.
(d) Joint projects with senior citizens organizations
Program agencies shall use not more than 2 percent of amounts received under this division to conduct joint projects with senior citizens organizations to enable senior citizens to serve as mentors for youth participants.
(e) Construction
Nothing in subsection (a) shall be construed to prohibit any program agency from limiting enrollment to any age subgroup within the range specified in subsection (a)(1).
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (c), was in the original "this Act", meaning
Codification
Section was formerly classified to
Amendments
1992—Subsec. (a)(1).
§12655j. Use of volunteers
Program agencies may use volunteer services for purposes of assisting projects carried out under this division and may expend funds made available for those purposes to the agency, including funds made available under this division, to provide for services or costs incidental to the utilization of such volunteers, including transportation, supplies, lodging, recruiting, training, and supervision. The use of volunteer services under this section shall be subject to the condition that such use does not result in the displacement of any participant.
(
Editorial Notes
Codification
Section was formerly classified to
§12655k. Repealed. Pub. L. 103–82, title I, §101(e)(8)(A), Sept. 21, 1993, 107 Stat. 816
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1993, see section 123 of
§12655l. Living allowance
(a) Full-time service
(1) Living allowance required
Subject to paragraph (3), each participant in a full-time youth corps program that receives assistance under this division shall receive a living allowance in an amount equal to or greater than the average annual subsistence allowance provided to VISTA volunteers under
(2) Limitation on Federal share
The amount of the annual living allowance provided under paragraph (1) that may be paid using assistance provided under this division,
(3) Maximum living allowance
The total amount of an annual living allowance that may be provided to a participant in a full-time youth corps program that receives assistance under this division shall not exceed 200 percent of the average annual subsistence allowance provided to VISTA volunteers under
(4) Waiver or reduction of living allowance
The Corporation may waive or reduce the requirement of paragraph (1) with respect to such national service program if such program demonstrates that—
(A) such requirement is inconsistent with the objectives of the program; and
(B) the amount of the living allowance that will be provided to each full-time participant is sufficient to meet the necessary costs of living (including food, housing, and transportation) in the area in which the program is located.
(5) Exemption
The requirement of paragraph (1) shall not apply to any program that was in existence on September 21, 1993.
(b) Reduction in existing program benefits
(1) In general
Nothing in this section shall be construed to require a program in existence on November 16, 1990, to decrease any stipends, salaries, or living allowances provided to participants under such program so long as the amount of any such stipends, salaries, or living allowances that is in excess of the levels provided for in this section are paid from non-Federal sources.
(2) Fair Labor Standards Act of 1938
For purposes of the Fair Labor Standards Act of 1938 [
(c) Health insurance
In addition to the living allowance provided under subsection (a), program agencies are encouraged to provide health insurance to each participant in a full-time youth corps program who does not otherwise have access to health insurance.
(d) Facilities, services, and supplies
(1) In general
The program agency may deduct, from amounts provided under subsection (a) to a participant, a reasonable portion of the costs of the rates for any room and board that is provided for such participant at a residential facility. Such deducted funds shall be deposited into rollover accounts that shall be used solely to defray the costs of room and board for participants.
(2) Evaluation
The program agency shall establish the amount of the deductions and rates under paragraph (1) after evaluating the costs of providing such room and board to the participant.
(3) Duties of program agency
A program agency may provide facilities, quarters, and board and shall provide limited and emergency medical care, transportation from administrative facilities to work sites, accommodations for individuals with disabilities, and other appropriate services, supplies, and equipment to each participant.
(4) Other Federal agencies
(A) In general
The Corporation may provide services, facilities, supplies, and equipment, including any surplus food and equipment available from other Federal programs, to any program agency carrying out projects under this division.
(B) Secretary of Defense
Whenever possible, the Corporation shall make arrangements with the Secretary of Defense to have logistical support provided by a military installation near the work site, including the provision of temporary tent centers where needed, and other supplies and equipment.
(5) Health and safety standards
The Corporation and program agencies shall establish standards and enforcement procedures concerning the health and safety of participants for all projects, consistent with Federal, State, and local health and safety standards.
(
Editorial Notes
References in Text
The Fair Labor Standards Act of 1938, referred to in subsec. (b)(2), is act June 25, 1938, ch. 676,
Codification
Section was formerly classified to
Amendments
1993—Subsec. (a).
"(1)
"(2)
Subsec. (d)(4)(A), (B), (5).
1991—Subsec. (d)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
§12655m. Joint programs
(a) Development
The Corporation may develop, in cooperation with the heads of other Federal agencies, regulations designed to permit, where appropriate, joint programs in which activities supported with assistance made available under this division are coordinated with activities supported with assistance made available under programs administered by the heads of such agencies (including title I of the Workforce Innovation and Opportunity Act [
(b) Standards
Regulations promulgated under subsection (a) shall establish standards for the approval of joint programs that meet both the purposes of this subchapter and the purposes of such statutes under which assistance is made available to support such projects.
(c) Operation of management agreements
Program agencies may enter into contracts and other appropriate arrangements with local government agencies and nonprofit organizations for the operation or management of any projects or facilities under the program.
(d) Coordination
The Corporation and program agencies carrying out programs under this division shall coordinate the programs with related Federal, State, local, and private activities.
(
Editorial Notes
References in Text
The Workforce Innovation and Opportunity Act, referred to in subsec. (a), is
Codification
Section was formerly classified to
Prior Provisions
A prior section 199L of
Amendments
2014—Subsec. (a).
1998—Subsec. (a).
1993—Subsecs. (a), (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by section 101(f) [title VIII, §405(d)(42)(C)] of
Effective Date of 1993 Amendment
Amendment by
§12655n. Federal and State employee status
(a) In general
Participants and crew leaders shall be responsible to, or be the responsibility of, the program agency administering the program on which such participants, crew leaders, and volunteers work.
(b) Non-Federal employees
(1) In general
Except as otherwise provided in this subsection, a participant or crew leader in a program that receives assistance under this division shall not be considered a Federal employee and shall not be subject to the provisions of law relating to Federal employment.
(2) Work-related injury
For purposes of subchapter I of
(A) the term "performance of duty", as used in such subchapter, shall not include an act of a participant or crew leader while absent from the assigned post of duty of such participant or crew leader, except while participating in an activity authorized by or under the direction and supervision of a program agency (including an activity while on pass or during travel to or from such post of duty); and
(B) compensation for disability shall not begin to accrue until the day following the date that the employment of the injured participant or crew leader is terminated.
(3) Tort claims procedure
For purposes of
(4) Allowance for quarters
For purposes of
(c) Availability of appropriation
Contract authority under this division shall be subject to the availability of appropriations. Assistance made available under this division shall only be used for activities that are in addition to those which would otherwise be carried out in the area in the absence of such funds.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
1994—
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
Transfer of Functions
For transfer of functions of Director of ACTION Agency (including all related functions of any officer or employee of ACTION Agency) to Corporation for National and Community Service, and effective date of such transfer, see section 203(c), (d) of
1 So in original. Probably should be "provisions".
Division J—Miscellaneous
§12656. Urban Youth Corps
(a) Findings
The Congress finds the following:
(1) The rehabilitation, reclamation, and beautification of urban public housing, recreational sites, youth and senior centers, and public roads and public works facilities through the efforts of young people in the United States in an Urban Youth Corps can benefit these youths, while also benefiting their communities, by—
(A) providing them with education and work opportunities;
(B) furthering their understanding and appreciation of the challenges faced by individuals residing in urban communities; and
(C) providing them with a means to pay for higher education or to repay indebtedness they have incurred to obtain higher education.
(2) A significant number of housing units for low-income individuals in urban areas has become substandard and unsafe and the deterioration of urban roadways, mass transit systems, and transportation facilities in the United States have contributed to the blight encountered in many cities in the United States.
(3) As a result, urban housing, public works, and transportation resources are in need of labor intensive rehabilitation, reclamation, and beautification work that has been neglected in the past and cannot be adequately carried out by Federal, State, and local government at existing personnel levels.
(4) Urban youth corps have established a good record of rehabilitating, reclaiming, and beautifying these kinds of resources in a cost-efficient manner, especially when they have worked in partnership with government housing, public works, and transportation authorities and agencies.
(b) Purpose
It is the purpose of this section—
(1) to perform, in a cost-effective manner, appropriate service projects to rehabilitate, reclaim, beautify, and improve public housing and public works and transportation facilities and resources in urban areas suffering from high rates of poverty where work will not be performed by existing employees;
(2) to assist government housing, public works, and transportation authorities and agencies;
(3) to expose young people in the United States to public service while furthering their understanding and appreciation of their community;
(4) to expand educational opportunity for individuals who participate in the Urban Youth Corps established by this section by providing them with an increased ability to pursue postsecondary education or job training; and
(5) to stimulate interest among young people in the United States in lifelong service to their communities and the United States.
(c) Definitions
For purposes of this section:
(1) Appropriate service project
The term "appropriate service project" means any project for the rehabilitation, reclamation, or beautification of urban public housing and public works and transportation resources or facilities.
(2) Corps and Urban Youth Corps
The term "Corps" and "Urban Youth Corps" mean the Urban Youth Corps established under subsection (d)(1).
(3) Qualified urban youth corps
The term "qualified urban youth corps" means any program established by a State or local government or by a nonprofit organization that—
(A) is capable of offering meaningful, full-time, productive work for individuals between the ages of 16 and 25, inclusive, in an urban or public works or transportation setting;
(B) gives participants a mix of work experience, basic and life skills, education, training, and support services; and
(C) provides participants with the opportunity to develop citizenship values and skills through service to their communities and the United States.
(4) Secretary
The term "Secretary" means the Secretary of Housing and Urban Development or the Secretary of Transportation.
(5) State
The term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(d) Establishment of Urban Youth Corps
(1) Establishment
There is hereby established in the Department of Housing and Urban Development and the Department of Transportation an Urban Youth Corps. The Corps shall consist of individuals between the ages of 16 and 25, inclusive, who are enrolled as participants in the Corps by the Secretary of Housing and Urban Development and the Secretary of Transportation. To be eligible for enrollment in the Corps, an individual shall satisfy the criteria specified in section 139(b) of the National and Community Service Act of 1990 [
(2) Use of qualified urban youth corps
The Secretaries are authorized to enter into contracts and cooperative agreements with any qualified urban youth corps to perform appropriate service projects described in paragraph (3). As part of the Urban Youth Corps established in the Department of Transportation, the Secretary of Transportation may make grants to States (and through States to local governments) for the purpose of establishing, operating, or supporting qualified urban youth corps that will perform appropriate service projects relating to transportation resources or facilities.
(3) Service projects
The Secretaries may each utilize the Corps or any qualified urban youth corps to carry out appropriate service projects that the Secretary involved is authorized to carry out under other authority of law involving public housing projects or public works resources or facilities.
(4) Preference for certain projects
In selecting an appropriate service project to be carried out under this section, the Secretaries shall give a preference to those projects which—
(A) will provide long-term benefits to the public;
(B) will instill in the participant a work ethic and a sense of public service;
(C) will be labor intensive;
(D) can be planned and initiated promptly; and
(E) will provide academic, experiential, or community education opportunities.
(5) Consistency
Each appropriate service project carried out under this section in any public housing project or public works resource or facility shall be consistent with the provisions of law and policies relating to the management and administration of such projects, facilities, or resources, with all other applicable provisions of law, and with all management, operational, and other plans and documents which govern the administration of such projects, facilities, or resources.
(e) Living allowances
The Secretaries shall provide each participant in the Urban Youth Corps with a living allowance in an amount not to exceed the maximum living allowance authorized by section 140(a)(3) 1 of the National and Community Service Act of 1990 for participants in a national service program assisted under subtitle C of title I of such Act [
(f) Terms of service
Each participant in the Urban Youth Corps shall agree to participate in the Corps for a term of service established by the Secretary involved, consistent with the terms of service required under section 139(b) of the National and Community Service Act of 1990 [
(g) Educational awards
(1) Eligibility
Each participant in the Urban Youth Corps shall be eligible for a national service educational award in the manner prescribed in subtitle D of title I of the National and Community Service Act of 1990 [
(2) Forbearance in the collection of Stafford loans
For purposes of
(h) Nondisplacement
The nondisplacement requirements of section 177 of the National and Community Service Act of 1990 [
(i) Cost sharing
(1) Projects by qualified urban youth corps
The Secretaries are each authorized to pay not more than 75 percent of the costs of any appropriate service project carried out pursuant to this section by a qualified urban youth corps. The remaining 25 percent of the costs of such a project may be provided from nonfederal sources in the form of funds, services, facilities, materials, equipment, or any combination of the foregoing.
(2) Donations
The Secretaries are each authorized to accept donations of funds, services, facilities, materials, or equipment for the purposes of operating the Urban Youth Corps and carrying out appropriate service projects by the Corps. However, nothing in this section shall be construed to require any cost sharing for any project carried out directly by the Corps.
(3) Funds available under National and Community Service Act
In order to carry out the Urban Youth Corps or to support qualified urban youth corps under this section, the Secretaries shall be eligible to apply for and receive assistance under section 121(b) of the National and Community Service Act of 1990 [
(
Editorial Notes
References in Text
Section 140(a)(3) of the National and Community Service Act of 1990, referred to in subsec. (e), was redesignated section 140(a)(2) of the Act by
The National and Community Service Act of 1990, referred to in subsecs. (e), (f), and (g)(1), is
Codification
Section was enacted as part of the National and Community Service Trust Act of 1993, and not as part of the National and Community Service Act of 1990 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1993, see section 123 of
1 See References in Text note below.
Division K—Training and Technical Assistance
§12657. Training and technical assistance
(a) In general
The Corporation shall, directly or through grants, contracts, or cooperative agreements (including through State Commissions), conduct appropriate training for and provide technical assistance to—
(1) programs receiving assistance under the national service laws; and
(2) entities (particularly entities in rural areas and underserved communities) that desire to—
(A) carry out or establish national service programs; or
(B) apply for assistance (including subgrants) under the national service laws.
(b) Activities included
Such training and technical assistance activities may include—
(1) providing technical assistance to entities applying to carry out national service programs or entities carrying out national service programs;
(2) promoting leadership development in national service programs;
(3) improving the instructional and programmatic quality of national service programs;
(4) developing the management and budgetary skills of individuals operating or overseeing national service programs, including developing skills to increase the cost effectiveness of the programs under the national service laws;
(5) providing for or improving the training provided to the participants in programs under the national service laws;
(6) facilitating the education of individuals participating in national service programs in risk management procedures, including the training of participants in appropriate risk management practices;
(7) training individuals operating or overseeing national service programs—
(A) in volunteer recruitment, management, and retention to improve the abilities of such individuals to use participants and other volunteers in an effective manner, which training results in high-quality service and the desire of participants and volunteers to continue to serve in other capacities after the program is completed;
(B) in program evaluation and performance measures to inform practices to augment the capacity and sustainability of the national service programs; or
(C) to effectively accommodate individuals with disabilities to increase the participation of individuals with disabilities in national service programs, which training may utilize funding from the reservation of funds under
(8) establishing networks and collaboration among employers, educators, and other key stakeholders in the community to further leverage resources to increase local participation in national service programs, and to coordinate community-wide planning and service with respect to national service programs;
(9) providing training and technical assistance for the National Senior Service Corps, including providing such training and technical assistance to programs receiving assistance under
(10) carrying out such other activities as the Chief Executive Officer determines to be appropriate.
(c) Priority
In carrying out this section, the Corporation shall give priority to programs under the national service laws and entities eligible to establish such programs that seek training or technical assistance and that—
(1) seek to carry out high-quality programs where the services are needed most;
(2) seek to carry out high-quality programs where national service programs do not exist or where the programs are too limited to meet community needs;
(3) seek to carry out high-quality programs that focus on and provide service opportunities for underserved rural and urban areas and populations; and
(4) seek to assist programs in developing a service component that combines students, out-of-school youths, and older adults as participants to provide needed community services.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2009, see section 6101(a) of