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
(
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).
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,
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
(
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.
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
Prior Provisions
This division is comprised of subtitle B, §§111–120, of title I of
Part I—Programs for Elementary and Secondary School Students
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.
(
Prior Provisions
A prior section 12521,
Another prior section 12521,
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.
(
References in Text
Prior Provisions
A prior section 12522,
Another prior section 12522,
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.
(
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).
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
(
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,
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.
(
References in Text
Prior Provisions
A prior section 12525,
Another prior section 12525,
A prior section 113 of
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
(
Prior Provisions
A prior section 12526,
Another prior section 12526,
A prior section 114 of
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.
(
Prior Provisions
A prior section 12527,
Another prior section 12527,
A prior section 115 of
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.
(
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
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.
(
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,
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.
(
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).
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
(
References in Text
The Higher Education Act of 1965, referred to in subsec. (b)(2)(C), is
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.
(
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).
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
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).
(
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).
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 (
(
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—
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.
(
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).
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
(
Prior Provisions
A prior section 12574,
A prior section 124 of
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,
Prior Provisions
A prior section 125 of
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.
(
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).
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
(
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—
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
(
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.
(
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).
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
(
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).
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 (
(
References in Text
The Alaska Native Claims Settlement Act, referred to in subsec. (b), is
Prior Provisions
A prior section 132 of
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
(
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
(
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).
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.
(
Prior Provisions
A prior section 12591,
Amendments
2009—Subsec. (a)(3) to (6).
Subsec. (b).
Subsec. (b)(1).
Subsec. (c).
1994—Subsec. (c).
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.
(
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).
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.
(
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).
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
(
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).
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
(
Prior Provisions
A prior section 141 of
Effective Date
Section effective Oct. 1, 1993, see section 123 of
Division D—National Service Trust and Provision of Educational Awards
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).
(
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).
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 [
(
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.
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.
(
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).
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.
(
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
(
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).
Prior Provisions
A prior section 147 of
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
(
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).
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,
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
(
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
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
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.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 12611,
Amendments
2009—
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.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 12612,
Amendments
2009—
Subsec. (a).
Subsec. (b).
Subsec. (c).
1993—Subsec. (a).
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.
(
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).
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.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 12614,
Amendments
2009—Subsec. (a).
Subsec. (b).
1993—Subsec. (a).
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.
(
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).
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
(
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).
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.
(
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).
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.
(
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).
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
(
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).
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
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 160 of
Amendments
2009—Subsec. (a).
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.
(
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).
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.
(
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).
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
Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Board.
(
References in Text
Section 14 of the Federal Advisory Committee Act, referred to in subsec. (c), is section 14 of
Codification
Section was formerly classified to
Prior Provisions
A prior section 12623,
A prior section 163 of
Amendments
2009—Subsec. (a).
Subsec. (b)(8) to (12).
Subsec. (b)(13).
Subsec. (b)(14).
1993—Subsec. (a).
Subsec. (b)(9).
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
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 164 of
Amendments
2009—
1993—
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
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
(
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).
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 [
(
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—
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.
(
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).
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.
(
Amendments
2009—Subsec. (d).
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.
(
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—
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.
(
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).
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.
(
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).
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.
(
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).
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).
(
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).
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 hi