US (United States) Code. Title 42. Chapter 129: National and Community Service

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

-HEAD-

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

-MISC1-

Sec.

12501. Findings and purpose.

(a) Findings.

(b) Purpose.

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

DIVISION A - GENERAL PROVISIONS

12511. Definitions.

12512. Repealed.

DIVISION B - SCHOOL-BASED AND COMMUNITY-BASED SERVICE-LEARNING

PROGRAMS

PART I - SERVE-AMERICA PROGRAMS

SUBPART A - SCHOOL-BASED PROGRAMS FOR STUDENTS

12521. Authority to assist States and Indian tribes.

(a) Use of funds.

(b) Duties of service-learning coordinator.

(c) Related expenses.

12522. Authority to assist local applicants in

nonparticipating States.

12523. Authority to assist public or private nonprofit

organizations.

(a) In general.

(b) Use of funds.

12524. Grants and allotments.

(a) Indian tribes and territories.

(b) Grants and allotments through States.

(c) Reallotment.

(d) Exception.

12525. State or tribal applications.

(a) Submission.

(b) Contents.

12526. Local applications.

(a) Application to Corporation to make grants for

school-based service-learning programs.

(b) Direct application to Corporation to carry out

school-based service-learning programs in

nonparticipating States.

(c) Application to State or Indian tribe to receive

assistance to carry out school-based

service-learning programs.

(d) Regulations.

(e) Limitation on same project in multiple

applications.

12527. Consideration of applications.

(a) Criteria for applications.

(b) Priority for local applications.

(c) Rejection of applications.

12528. Participation of students and teachers from private

schools.

(a) In general.

(b) Waiver.

12529. Federal, State, and local contributions.

(a) Share.

(b) Waiver.

12530. Limitations on uses of funds.

(a) Administrative costs.

(b) Capacity-building activities.

(c) Local uses of funds.

12531. Definitions.

SUBPART B - COMMUNITY-BASED SERVICE PROGRAMS FOR SCHOOL-AGE YOUTH

12541. Definitions.

12542. General authority.

(a) Grants.

(b) Use of funds.

12543. State applications.

(a) In general.

(b) Submission.

(c) Contents.

12544. Local applications.

(a) Application to Corporation to make grants for

community-based service programs.

(b) Direct application to Corporation to carry out

community-based service programs.

(c) Application to State Commission or grantmaking

entity to receive grants to carry out

community-based service programs.

(d) Regulations.

(e) Limitation on same project in multiple

applications.

12545. Consideration of applications.

(a) Application of criteria.

(b) Assistance criteria.

(c) Application to subgrants.

12546. Federal, State, and local contributions.

(a) Federal share.

(b) Waiver.

12547. Limitations on uses of funds.

(a) Administrative costs.

(b) Rules on use.

SUBPART C - CLEARINGHOUSE

12551. Service-learning clearinghouse.

(a) In general.

(b) Public or private nonprofit organizations.

(c) Function of clearinghouse.

PART II - HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY

SERVICE

12561. Higher education innovative programs for community

service.

(a) Purpose.

(b) General authority.

(c) Federal share.

(d) Application for grant.

(e) Priority.

(f) National service educational award.

(g) "Student" defined.

DIVISION C - NATIONAL SERVICE TRUST PROGRAM

PART I - INVESTMENT IN NATIONAL SERVICE

12571. Authority to provide assistance and approved national

service positions.

(a) Provision of assistance.

(b) Agreements with Federal agencies.

(c) Provision of approved national service

positions.

(d) Five percent limitation on administrative

costs.

(e) Matching funds requirements.

12572. Types of national service programs eligible for

program assistance.

(a) Eligible national service programs.

(b) Qualification criteria to determine

eligibility.

(c) National service priorities.

12573. Types of national service positions eligible for

approval for national service educational awards.

12574. Types of program assistance.

(a) Planning assistance.

(b) Operational assistance.

(c) Replication assistance.

(d) Application to subgrants.

12575. Training and technical assistance.

(a) Training programs.

(b) Technical assistance.

12576. Other special assistance.

(a) Support for State Commissions.

(b) Disaster service.

(c) Challenge grants for national service programs.

PART II - APPLICATION AND APPROVAL PROCESS

12581. Provision of assistance and approved national service

positions by competitive and other means.

(a) Allotments of assistance and approved positions

to States and Indian tribes.

(b) Reservation of approved positions.

(c) Reservation for special assistance.

(d) Competitive distribution of remaining funds.

(e) Application required.

(f) Approval of positions subject to available

funds.

(g) Sponsorship of approved national service

positions.

12582. Application for assistance and approved national

service positions.

(a) Time, manner, and content of application.

(b) Types of permissible application information.

(c) Required application information.

(d) Application to receive only approved national

service positions.

(e) Special rule for State applicants.

(f) Special rule for certain applicants.

(g) Limitation on same project in multiple

applications.

12583. National service program assistance requirements.

(a) Impact on communities.

(b) Impact on participants.

(c) Consultation.

(d) Evaluation and performance goals.

(e) Living allowances and other inservice benefits.

(f) Selection of participants from individuals

recruited by Corporation or State Commissions.

12584. Ineligible service categories.

(a) In general.

(b) Regional Corporation.

12585. Consideration of applications.

(a) Corporation consideration of certain criteria.

(b) Application to subgrants.

(c) Assistance criteria.

(d) Other considerations.

(e) Emphasis on areas most in need.

(f) Rejection of State applications.

PART III - NATIONAL SERVICE PARTICIPANTS

12591. Description of participants.

(a) In general.

(b) Special rules for certain youth programs.

(c) Waiver.

12592. Selection of national service participants.

(a) Selection process.

(b) Nondiscrimination and nonpolitical selection of

participants.

(c) Second term.

(d) Recruitment and placement.

(e) National leadership pool.

(f) Evaluation of service.

12593. Terms of service.

(a) In general.

(b) Term of service.

(c) Release from completing term of service.

12594. Living allowances for national service participants.

(a) Provision of living allowance.

(b) Coverage of certain employment-related taxes.

(c) Exception from maximum living allowance for

certain assistance.

(d) Health insurance.

(e) Child care.

(f) Individualized support services.

(g) Waiver of limitation on Federal share.

(h) Limitation on number of terms of service for

federally subsidized living allowance.

12595. National service educational awards.

(a) Eligibility generally.

(b) Special rule for VISTA volunteers.

DIVISION D - NATIONAL SERVICE TRUST AND PROVISION OF NATIONAL

SERVICE EDUCATIONAL AWARDS

12601. Establishment of the National Service Trust.

(a) Establishment.

(b) Investment of Trust.

(c) Expenditures from Trust.

(d) Reports to Congress on receipts and

expenditures.

12602. Individuals eligible to receive a national service

educational award from the Trust.

(a) Eligible individuals.

(b) Term of service.

(c) Limitation on number of terms of service for

awards.

(d) Time for use of educational award.

(e) Suspension of eligibility for drug-related

offenses.

(f) Authority to establish demonstration programs.

12603. Determination of amount of national service

educational award.

(a) Amount for full-time national service.

(b) Amount for part-time national service.

(c) Award for partial completion of service.

12604. Disbursement of national service educational awards.

(a) In general.

(b) Use of educational award to repay outstanding

student loans.

(c) Use of educational awards to pay current

educational expenses.

(d) Use of educational award to participate in

approved school-to-work programs.

(e) Interest payments during forbearance on loan

repayment.

(f) Exception.

(g) "Institution of higher education" defined.

DIVISION E - CIVILIAN COMMUNITY CORPS

12611. Purpose.

12612. Establishment of Civilian Community Corps

Demonstration Program.

(a) In general.

(b) Program components.

(c) Residential programs.

12613. National service program.

(a) In general.

(b) Eligible participants.

(c) Diverse backgrounds of participants.

(d) Necessary participants.

(e) Period of participation.

12614. Summer national service program.

(a) In general.

(b) Necessary participants.

(c) Seasonal program.

12615. Civilian Community Corps.

(a) Director.

(b) Membership in Civilian Community Corps.

(c) Organization of Corps into units.

(d) Camps.

(e) Distribution of units and camps.

(f) Standards of conduct.

12616. Training.

(a) Common curriculum.

(b) Advanced service training.

(c) Training personnel.

(d) Facilities.

12617. Service projects.

(a) Project requirements.

(b) Project proposals.

(c) Project selection, organization, and

performance.

12618. Authorized benefits for Corps members.

(a) In general.

(b) Living allowance.

(c) Other authorized benefits.

(d) Supportive services.

(e) Post-service benefits.

(f) National service educational awards.

(g) Alternative benefit.

12619. Administrative provisions.

(a) Supervision.

(b) Monitoring and coordination.

(c) Staff.

12620. Status of Corps members and Corps personnel under

Federal law.

(a) In general.

(b) Work-related injuries.

(c) Tort claims procedure.

12621. Contract and grant authority.

(a) Programs.

(b) Equipment and facilities.

12622. Responsibilities of other departments.

(a) Secretary of Defense.

(b) Secretary of Labor.

12623. Advisory Board.

(a) Establishment and purpose.

(b) Membership.

(c) Inapplicability of termination requirement.

12624. Annual evaluation.

12625. Funding limitation.

12626. Definitions.

DIVISION F - ADMINISTRATIVE PROVISIONS

12631. Family and medical leave.

(a) Participants in private, State, and local

projects.

(b) Participants in Federal projects.

(c) Treatment of absence.

12632. Reports.

(a) State reports.

(b) Report to Congress by Corporation.

(c) Report to Congress by Secretary of Defense.

12633. Supplementation.

(a) In general.

(b) Aggregate expenditure.

12634. Prohibition on use of funds.

(a) Prohibited uses.

(b) Political activity.

(c) Contracts or collective bargaining agreements.

12635. Nondiscrimination.

(a) In general.

(b) Federal financial assistance.

(c) Religious discrimination.

(d) Rules and regulations.

12636. Notice, hearing, and grievance procedures.

(a) In general.

(b) Hearings.

(c) Transcript or recording.

(d) State legislation.

(e) Construction.

(f) Grievance procedure.

12637. Nonduplication and nondisplacement.

(a) Nonduplication.

(b) Nondisplacement.

(c) Labor market information.

(d) Treatment of benefits.

(e) Standards of conduct.

12638. State Commissions on National and Community Service.

(a) Existence required.

(b) Appointment and size.

(c) Composition and membership.

(d) Miscellaneous matters.

(e) Duties of a State Commission.

(f) Activity ineligible for assistance.

(g) Delegation.

(h) Approval of State Commission or alternative.

(i) Coordination.

(j) Liability.

12639. Evaluation.

(a) In general.

(b) Comparisons.

(c) Conducting evaluations.

(d) Standards.

(e) Community participation.

(f) Comparison of program models.

(g) Program objectives.

(h) Obtaining information.

(i) Independent evaluation and report of

demographics of national service participants

and communities.

12640. Engagement of participants.

12641. Contingent extension.

12642. Partnerships with schools.

(a) Design of programs.

(b) Report.

12643. Rights of access, examination, and copying.

(a) Comptroller General.

(b) Chief Financial Officer.

12644. Drug-free workplace requirements.

12645. Repealed.

DIVISION G - CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

12651. Corporation for National and Community Service.

12651a. Board of Directors.

(a) Composition.

(b) Officers.

(c) Terms.

(d) Vacancies.

12651b. Authorities and duties of the Board of Directors.

(a) Meetings.

(b) Quorum.

(c) Authorities of officers.

(d) Expenses.

(e) Special Government employees.

(f) Status of members.

(g) Duties.

(h) Administration.

(i) Limitation on participation.

(j) Coordination with other Federal activities.

12651c. Chief Executive Officer.

(a) Appointment.

(b) Compensation.

(c) Regulations.

12651d. Authorities and duties of the Chief Executive Officer.

(a) General powers and duties.

(b) Duties.

(c) Powers.

(d) Delegation.

(e) Actions.

(f) Evaluations.

(g) Recruitment and public awareness functions.

12651e. Officers.

(a) Managing Directors.

(b) Inspector General.

(c) Chief Financial Officer.

(d) Assistant Directors for VISTA and National

Senior Volunteer Corps.

12651f. Employees, consultants, and other personnel.

(a) Employees.

(b) Alternative personnel system.

(c) Corporation representative in each State.

(d) Consultants.

(e) Details of personnel.

(f) Advisory committees.

12651g. Administration.

(a) Donations.

(b) Contracts.

(c) Office of Management and Budget.

12651h. Corporation State offices.

(a) In general.

(b) Duties.

DIVISION H - INVESTMENT FOR QUALITY AND INNOVATION

12653. Additional Corporation activities to support national

service.

(a) Methods of conducting activities.

(b) Innovation and quality improvement.

(c) Summer programs.

(d) Community-based agencies.

(e) Improve ability to apply for assistance.

(f) National service fellowships.

(g) Conferences and materials.

(h) Peace Corps and VISTA training.

(i) Promotion and recruitment.

(j) Training.

(k) Research.

(l) Intergenerational support.

(m) Planning coordination.

(n) Youth leadership.

(o) National program identity.

(p) Service-learning.

(q) National Youth Service Day.

(r) Assistance for Head Start.

(s) Martin Luther King, Jr., Service Day.

12653a. Clearinghouses.

(a) Assistance.

(b) Application.

(c) Function of clearinghouses.

12653b. Presidential awards for service.

(a) Presidential awards.

(b) Information.

12653c. Military installation conversion demonstration

programs.

(a) Purposes.

(b) Definitions.

(c) Demonstration programs.

(d) Use of funds.

(e) Participants.

(f) Application.

(g) Limitation on grant.

12653d. Special demonstration project.

(a) Special demonstration project for the

Yukon-Kuskokwim delta of Alaska.

(b) Application.

DIVISION I - AMERICAN CONSERVATION AND YOUTH SERVICE CORPS

12655. General authority.

12655a. Limitation on purchase of capital equipment.

12655b. State application.

(a) Submission.

(b) General content.

12655c. Focus of programs.

(a) In general.

(b) Limitation on service.

12655d. Related programs.

12655e. Public lands or Indian lands.

(a) Limitation.

(b) Review of applications.

(c) Consistency.

(d) Participation by other conservation programs.

12655f. Training and education services.

(a) Assessment of skills.

(b) Enhancement of skills.

(c) Provision of pre-service and in-service

training and education.

(d) Standards and procedures.

12655g. Repealed.

12655h. Preference for certain projects.

(a) In general.

(b) Special rule.

12655i. Age and citizenship criteria for enrollment.

(a) Age and citizenship.

(b) Participation of disadvantaged youth.

(c) Special corps members.

(d) Joint projects with senior citizens

organizations.

(e) Construction.

12655j. Use of volunteers.

12655k. Repealed.

12655l. Living allowance.

(a) Full-time service.

(b) Reduction in existing program benefits.

(c) Health insurance.

(d) Facilities, services, and supplies.

12655m. Joint programs.

(a) Development.

(b) Standards.

(c) Operation of management agreements.

(d) Coordination.

12655n. Federal and State employee status.

(a) In general.

(b) Non-Federal employees.

(c) Availability of appropriation.

DIVISION J - MISCELLANEOUS

12656. Urban Youth Corps.

(a) Findings.

(b) Purpose.

(c) Definitions.

(d) Establishment of Urban Youth Corps.

(e) Living allowances.

(f) Terms of service.

(g) Educational awards.

(h) Nondisplacement.

(i) Cost sharing.

SUBCHAPTER II - POINTS OF LIGHT FOUNDATION

12661. Findings and purpose.

(a) Findings.

(b) Purpose.

12662. Authority.

(a) In general.

(b) Construction.

12663. Grants to Foundation.

(a) In general.

(b) Interest earned on accounts.

12664. Eligibility of Foundation for grants.

(a) Compliance.

(b) Activities.

(c) Limitation.

(d) Compensation.

(e) Conflicts of interest.

(f) Political activity.

(g) Private sector contributions.

(h) Audit of accounts.

(i) Audits by agencies.

(j) Congressional oversight.

(k) Duties.

(l) Annual reports.

SUBCHAPTER III - PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS

12671. Projects.

(a) Definition.

(b) Identification of projects.

(c) Eligible entities.

(d) Projects.

(e) Website and database.

SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

12681. Authorization of appropriations.

(a) Subchapter I.

(b) Subchapter II.

(c) Availability of appropriations.

(d) Specification of budget function.

12682. Actions under national service laws to be subject to

availability of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2756a, 3056a of this

title; title 20 sections 1087vv, 6143; title 29 sections 2822,

2841; title 40 section 550.

-End-

-CITE-

42 USC Sec. 12501 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

-HEAD-

Sec. 12501. Findings and purpose

-STATUTE-

(a) Findings

The Congress finds the following:

(1) Throughout the United States, there are pressing unmet

human, educational, environmental, and public safety needs.

(2) Americans desire to affirm common responsibilities and

shared values, and join together in positive experiences, that

transcend race, religion, gender, age, disability, region,

income, and education.

(3) The rising costs of postsecondary education are putting

higher education out of reach for an increasing number of

citizens.

(4) Americans of all ages can improve their communities and

become better citizens through service to the United States.

(5) Nonprofit organizations, local governments, States, and the

Federal Government are already supporting a wide variety of

national service programs that deliver needed services in a

cost-effective manner.

(6) Residents of low-income communities, especially youth and

young adults, can be empowered through their service, and can

help provide future community leadership.

(b) Purpose

It is the purpose of this chapter to -

(1) meet the unmet human, educational, environmental, and

public safety needs of the United States, without displacing

existing workers;

(2) renew the ethic of civic responsibility and the spirit of

community throughout the United States;

(3) expand educational opportunity by rewarding individuals who

participate in national service with an increased ability to

pursue higher education or job training;

(4) encourage citizens of the United States, regardless of age,

income, or disability, to engage in full-time or part-time

national service;

(5) reinvent government to eliminate duplication, support

locally established initiatives, require measurable goals for

performance, and offer flexibility in meeting those goals;

(6) expand and strengthen existing service programs with

demonstrated experience in providing structured service

opportunities with visible benefits to the participants and

community;

(7) build on the existing organizational service infrastructure

of Federal, State, and local programs and agencies to expand

full-time and part-time service opportunities for all citizens;

and

(8) provide tangible benefits to the communities in which

national service is performed.

-SOURCE-

(Pub. L. 101-610, Sec. 2, Nov. 16, 1990, 104 Stat. 3129; Pub. L.

103-82, Sec. 2(a), Sept. 21, 1993, 107 Stat. 787.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

"this Act", meaning Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127,

as amended, which is classified principally to this chapter. For

complete classification of this Act to the Code, see Short Title

note set out below and Tables.

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-82 amended section generally, substituting

provisions relating to findings and purposes for former provisions

setting forth the purposes of this chapter.

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-117, div. B, Sec. 1301(a), Jan. 10, 2002, 115 Stat.

2339, provided that: "This section [enacting subchapter III of this

chapter] may be cited as the 'Unity in the Spirit of America Act'

or the 'USA Act'."

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-304, Sec. 1, Aug. 23, 1994, 108 Stat. 1565, provided

that: "This Act [amending sections 4953, 5024, 12591, 12602, 12615,

12619, 12622, 12651d, 12653, and 12655n of this title and enacting

provisions set out as a note under section 4953 of this title] may

be cited as the 'King Holiday and Service Act of 1994'."

SHORT TITLE OF 1993 AMENDMENT

Section 1(a) of Pub. L. 103-82 provided that: "This Act [see

Tables for classification] may be cited as the 'National and

Community Service Trust Act of 1993'."

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-384, Sec. 1, Oct. 5, 1992, 106 Stat. 1455, provided

that: "This Act [amending sections 12511, 12522, 12523, 12525,

12526, 12541, 12550, 12612, 12614, 12615, 12622, 12639, 12651, and

12681 of this title] may be cited as the 'National and Community

Service Technical Amendment Act of 1992'."

SHORT TITLE OF 1991 AMENDMENT

Pub. L. 102-10, Sec. 1, Mar. 12, 1991, 105 Stat. 29, provided

that: "This Act [enacting section 12645 of this title, amending

sections 5091m, 12511, 12521, 12522, 12524, 12527, 12531, 12542 to

12544, 12548, 12553, 12575, 12576, 12602, 12638, and 12651 of this

title, and repealing section 12556 of this title] may be cited as

the 'National and Community Service Technical Amendments Act of

1991'."

SHORT TITLE

Section 1(a) of Pub. L. 101-610 provided that: "This Act

[enacting this chapter, sections 5091 to 5091n of this title, and

section 2452a of Title 22, Foreign Relations and Intercourse,

amending sections 1018c, 1018e, 1070a-6, 1087vv, 1092, and 1092b of

Title 20, Education, and former section 546 of Title 45, Railroads,

and enacting provisions set out as notes under this section and

section 24301 of Title 49, Transportation] may be cited as the

'National and Community Service Act of 1990'."

Section 110 of subtitle B (Secs. 110-118) of title I of Pub. L.

101-610, which provided that such subtitle (enacting former part B

(Secs. 12521-12531) of subchapter I of this chapter) be cited as

the "Serve-America: The Community Service, Schools and

Service-Learning Act of 1990", was repealed by Pub. L. 103-82,

title I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 825.

Section 199 [formerly 120] of subtitle I (Secs. 199-199O)

[formerly subtitle C (Secs. 120-136)] of title I of Pub. L.

101-610, as renumbered by Pub. L. 103-82, title I, Sec. 101(a),

Sept. 21, 1993, 107 Stat. 788, provided that: "This subtitle

[enacting division I (formerly part C) of subchapter I of this

chapter] may be cited as the 'American Conservation and Youth

Service Corps Act of 1990'."

Section 140 of subtitle D (Secs. 140-150) of title I of Pub. L.

101-610, which provided that such subtitle (enacting former part D

(Secs. 12571-12580) of subchapter I of this chapter) be cited as

the "National and Community Service Act", was omitted in the

general amendment of part D (now division D) by Pub. L. 103-82,

title I, Sec. 102(a), Sept. 21, 1993, 107 Stat. 816.

Section 301 of title III of Pub. L. 101-610 provided that: "This

title [enacting subchapter II of this chapter] may be cited as 'The

Points of Light Foundation Act'."

COMPLIANCE WITH BUY AMERICAN ACT

Section 501 of Pub. L. 103-82 provided that: "No funds

appropriated pursuant to this Act [see Tables for classification]

(including the amendments made by this Act) may be expended by an

entity unless the entity agrees that in expending the assistance

the entity will comply with sections 2 through 4 of the Act of

March 3, 1933 (41 U.S.C. 10a-10c [41 U.S.C. 10a, 10b, former

10b-1], popularly known as the 'Buy American Act')."

SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE

Section 502 of Pub. L. 103-82 provided that:

"(a) Purchase of American-Made Equipment and Products. - In the

case of any equipment or product that may be authorized to be

purchased with financial assistance provided under this Act [see

Tables for classification] (including the amendments made by this

Act), it is the sense of the Congress that entities receiving such

assistance should, in expending the assistance, purchase only

American-made equipment and products.

"(b) Notice to Recipients of Assistance. - In providing financial

assistance under this Act (including the amendments made by this

Act), the Secretary of Education shall provide to each recipient of

the assistance a notice describing the statement made in subsection

(a) by the Congress."

PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS

MADE IN AMERICA

Section 503 of Pub. L. 103-82 provided that: "If it has been

finally determined by a court or Federal agency that any person

intentionally affixed a label bearing a 'Made in America'

inscription, or any inscription with the same meaning, to any

product sold in or shipped to the United States that is not made in

the United States, the person shall be ineligible to receive any

contract or subcontract made with funds appropriated to carry out

this Act, pursuant to the debarment, suspension, and ineligibility

procedures described in sections 9.400 through 9.409 of title 48,

Code of Federal Regulations."

-EXEC-

EX. ORD. NO. 13254. ESTABLISHING THE USA FREEDOM CORPS

Ex. Ord. No. 13254, Jan. 29, 2002, 67 F.R. 4869, as amended by

Ex. Ord. No. 13286, Sec. 6, Feb. 28, 2003, 68 F.R. 10620, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, it is hereby ordered

as follows:

Section 1. Policy. Building on our Nation's rich tradition of

citizen service, this Administration's policy is to foster a

culture of responsibility, service, and citizenship by promoting,

expanding, and enhancing public service opportunities for all

Americans and by making these opportunities readily available to

citizens from all geographic areas, professions, and walks of life.

More specifically, this Administration encourages all Americans to

serve their country for the equivalent of at least 2 years (4,000

hours) over their lifetimes. Toward those ends, the executive

departments, agencies, and offices constituting the USA Freedom

Corps shall coordinate and strengthen Federal and other service

opportunities, including opportunities for participation in

homeland security preparedness and response, other areas of public

and social service, and international service. The executive branch

departments, agencies, and offices also will work with State and

local governments and private entities to foster and encourage

participation in public and social service programs, as

appropriate.

Sec. 2. USA Freedom Corps. The USA Freedom Corps shall be an

interagency initiative, bringing together executive branch

departments, agencies, and offices with public service programs and

components, including but not limited to programs and components

with the following functions:

(i) recruiting, mobilizing, and encouraging all Americans to

engage in public service;

(ii) providing concrete opportunities to engage in public

service;

(iii) providing the public with access to information about

public service opportunities through Federal programs and

elsewhere; and

(iv) providing recognition and awards to volunteers and other

participants in public service programs.

Sec. 3. USA Freedom Corps Council. (a) Establishment and Mission.

There shall be a USA Freedom Corps Council (Council) chaired by the

President and composed of heads of executive branch departments,

agencies, and offices, which shall have the following functions:

(i) serving as a forum for Federal officials responsible for

public service programs to coordinate and improve public service

programs and activities administered by the executive branch;

(ii) working to encourage all Americans to engage in public

service, whether through Federal programs or otherwise;

(iii) advising the President and heads of executive branch

departments, agencies, and offices concerning the optimization of

current Federal programs to enhance public service opportunities;

(iv) coordinating public outreach and publicity of citizen

service opportunities provided by Federal programs;

(v) encouraging schools, universities, private public service

organizations, and other non-Federal entities to foster and

reward public service;

(vi) studying the availability of public service opportunities

provided by the Federal Government and elsewhere; and

(vii) tracking progress in participation in public service

programs.

(b) Membership. In addition to the Chair, the members of the

Council shall be the heads of the executive branch departments,

agencies, and offices listed below, or their designees, and such

other officers of the executive branch as the President may from

time to time designate. Every member of the Council or designee

shall be a full-time or permanent part-time officer or employee of

the Federal Government. Members shall not be compensated for their

service on the Council in addition to the salaries they receive as

employees or officers of the Federal Government.

(i) Vice President;

(ii) Attorney General;

(iii) Secretary of State;

(iv) Secretary of Health and Human Services;

(v) Secretary of Commerce;

(vi) Secretary of Education;

(vii) Secretary of Veterans Affairs;

(viii) Secretary of Homeland Security;

(ix) Chief Executive Officer of the Corporation for National

and Community Service;

(x) Director of the Peace Corps;

(xi) Administrator of the United States Agency for

International Development;

(xii) Director of the USA Freedom Corps Office; and

(xiii) Director of the Office of Faith-Based and Community

Initiatives.

(c) Chair. The President shall be the Chair of the USA Freedom

Corps Council, and in his absence, the Vice President shall serve

as Chair. The Director of the USA Freedom Corps Office may, at the

President's direction, preside over meetings of the Council in the

President's and Vice President's absence.

(d) Honorary Co-Chair. The President may, from time to time,

designate an Honorary Co-Chair or Co-Chairs, who shall serve in an

advisory role to the Council and to the President on matters

considered by the Council. Any Honorary Co-Chair shall be a

full-time or permanent part-time employee or officer of the Federal

Government.

(e) Meetings. The Council shall meet at the President's

direction. The Director of the USA Freedom Corps Office shall be

responsible, at the President's direction, for determining the

agenda, ensuring that necessary papers are prepared, and recording

Council actions and Presidential decisions.

(f) Responsibilities of Executive Branch Departments, Agencies,

and Offices.

(i) Members of the Council shall remain responsible for

overseeing the programs administered by their respective

departments, agencies, and offices. Each such department, agency,

and office will retain its authority and responsibility to

administer those programs according to law;

(ii) Each executive branch department, agency, or office with

responsibility for programs relating to the functions and

missions of the USA Freedom Corps as described in section 2 of

this order shall be responsible for identifying those public

service opportunities and coordinating with the USA Freedom Corps

Council to ensure that such programs are, if appropriate,

publicized and encouraged by the Council; and

(iii) Upon the request of the Chair, and to the extent

permitted by law, the heads of executive branch departments and

agencies shall provide the Council with relevant information.

Sec. 4. USA Freedom Corps Office. (a) General. The USA Freedom

Corps also shall be supported by a USA Freedom Corps Office

(Office), which shall be a component of the White House Office. The

USA Freedom Corps Office shall have a Director who shall be

appointed by the President. The Director shall be assisted by an

appropriate staff within the White House Office.

(b) Presidential Recognition to Participants in USA Freedom Corps

Programs. In addition to supporting and facilitating the functions

of the Council listed in section 3 of this order, the Office shall

support the President in providing recognition to volunteers and

other participants in programs and activities relating to the

functions and missions of the USA Freedom Corps as described in

section 2 of this order.

Sec. 5. General Provisions. (a) The White House Office shall

provide the Council and Office with such funding and administrative

support, to the extent permitted by law and subject to the

availability of appropriations, as directed by the Chief of Staff

to the President to carry out the provisions of this order.

(b) This order does not alter the existing authorities or roles

of executive branch departments, agencies, or offices. Nothing in

this order shall supersede any requirement made by or under law.

(c) This order does not create any right or benefit, substantive

or procedural, enforceable at law or equity, against the United

States, its departments, agencies, or other entities, its officers

or employees, or any other person.

George W. Bush.

-End-

-CITE-

42 USC SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE

STATE GRANT PROGRAM 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

-HEAD-

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 12681 of this title;

title 20 sections 1078, 1087vv.

-End-

-CITE-

42 USC Division A - General Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division A - General Provisions

-HEAD-

DIVISION A - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 12511 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division A - General Provisions

-HEAD-

Sec. 12511. Definitions

-STATUTE-

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) 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

section 12603 of this title as one of the benefits to be provided

for successful service in the position.

(3) Carry out

The term "carry out", when used in connection with a national

service program described in section 12572 of this title, means

the planning, establishment, operation, expansion, or replication

of the program.

(4) 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 section

12651c of this title.

(5) 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.

(6) Corporation

The term "Corporation" means the Corporation for National and

Community Service established under section 12651 of this title.

(7) 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.

(8) Elementary school

The term "elementary school" has the same meaning given such

term in section 7801 of title 20.

(9) Indian

The term "Indian" means a person who is a member of an Indian

tribe, or is a "Native", as defined in section 1602(b) of title

43.

(10) 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.

(11) 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 section 1602(c) of

title 43, whether organized traditionally or pursuant to the

Act of June 18, 1934 (commonly known as the "Indian

Reorganization Act"; 48 Stat. 984, chapter 576; 25 U.S.C 461

et seq.); and

(ii) any Regional Corporation or Village Corporation, as

defined in subsection (g) or (j), respectively, of section

1602 of title 43,

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).

(12) Individual with a disability

Except as provided in section 12635(a) of this title, the term

"individual with a disability" has the meaning given the term in

section 705(20)(B) of title 29.

(13) Institution of higher education

The term "institution of higher education" has the same meaning

given such term in section 1001 of title 20.

(14) Local educational agency

The term "local educational agency" has the same meaning given

such term in section 7801 of title 20.

(15) National service laws

The term "national service laws" means this chapter and the

Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.).

(16) 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.

(17) Participant

(A) In general

The term "participant" means -

(i) for purposes of division C of this subchapter, 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 program in which the participant is enrolled.

(18) 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.

(19) 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 section 12521(a) of this title (other than a

program referred to in paragraph (3)(B) of such section),

12542(a), 12561(b)(1), or 12572(a) of this title, or in paragraph

(1) or (2) of section 12612(b) of this title, or an activity that

could be funded under section 12653, 12653c, or 12653d of this

title.

(20) 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.

(21) 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(a)(1) (!1) of the Individuals with Disabilities Education

Act (20 U.S.C. 1401(a)(1)), who receive services under part B

of such Act [20 U.S.C. 1411 et seq.].

(22) Secondary school

The term "secondary school" has the same meaning given such

term in section 7801 of title 20.

(23) 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.

(24) Service-learning coordinator

The term "service-learning coordinator" means an individual who

provides services as described in subsection (a)(3) or (b) of

section 12521 of this title.

(25) Service sponsor

The term "service sponsor" means an organization, or other

entity, that has been selected to provide a placement for a

participant.

(26) 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. The term also includes Palau, until

such time as the Compact of Free Association is ratified.

(27) State Commission

The term "State Commission" means a State Commission on

National and Community Service maintained by a State pursuant to

section 12638 of this title. Except when used in section 12638 of

this title, the term includes an alternative administrative

entity for a State approved by the Corporation under such section

to act in lieu of a State Commission.

(28) State educational agency

The term "State educational agency" has the same meaning given

such term in section 7801 of title 20.

(29) 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.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 101, Nov. 16, 1990, 104 Stat. 3129;

Pub. L. 102-10, Sec. 3, Mar. 12, 1991, 105 Stat. 29; Pub. L.

102-384, Sec. 3, Oct. 5, 1992, 106 Stat. 1455; Pub. L. 103-82,

title I, Sec. 111(a), Sept. 21, 1993, 107 Stat. 857; Pub. L.

103-382, title III, Sec. 394(h)(1), Oct. 20, 1994, 108 Stat. 4028;

Pub. L. 105-220, title IV, Sec. 414(g), Aug. 7, 1998, 112 Stat.

1242; Pub. L. 105-244, title I, Sec. 102(a)(13)(K), Oct. 7, 1998,

112 Stat. 1621; Pub. L. 107-110, title X, Sec. 1076(ff), Jan. 8,

2002, 115 Stat. 2093.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 18, 1934, referred to in par. (11)(A)(i), is act June

18, 1934, ch. 576, 48 Stat. 984, as amended, popularly known as the

Indian Reorganization Act, which is classified generally to

subchapter V (Sec. 461 et seq.) of chapter 14 of Title 25, Indians.

For complete classification of this Act to the Code, see Short

Title note set out under section 461 of Title 25 and Tables.

This chapter, referred to in pars. (15) and (17)(A)(ii), was in

the original "this Act", meaning Pub. L. 101-610, Nov. 16, 1990,

104 Stat. 3127, as amended, which is classified principally to this

chapter. For complete classification of this Act to the Code, see

Short Title note set out under section 12501 of this title and

Tables.

The Domestic Volunteer Service Act of 1973, referred to in par.

(15), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394, as amended,

which is classified principally to chapter 66 (Sec. 4950 et seq.)

of this title. For complete classification of this Act to the Code,

see Short Title note set out under section 4950 of this title and

Tables.

The Individuals with Disabilities Education Act, referred to in

par. (21)(B), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84

Stat. 175, as amended. Part B of the Act is classified generally to

subchapter II (Sec. 1411 et seq.) of chapter 33 of Title 20,

Education. Section 602 of the Act, which was classified to section

1401 of Title 20, was omitted in the general amendment of

subchapter I of chapter 33 of Title 20 by Pub. L. 105-17, title I,

Sec. 101, June 4, 1997, 111 Stat. 37. Pub. L. 105-17 enacted a new

section 602, which is classified to section 1401 of Title 20, and

contains provisions defining "child with a disability". For

complete classification of this Act to the Code, see section 1400

of Title 20 and Tables.

For ratification of Compact of Free Association with Palau,

referred to in par. (26), see Proc. No. 6726, Sept. 27, 1994, 59

F.R. 49777, set out as a note under section 1931 of Title 48,

Territories and Insular Possessions.

-MISC1-

AMENDMENTS

2002 - Pars. (8), (14), (22), (28). Pub. L. 107-110 substituted

"section 7801 of title 20" for "section 8801 of title 20".

1998 - Par. (12). Pub. L. 105-220 substituted "section 705(20)(B)

of title 29" for "section 706(8)(B) of title 29".

Par. (13). Pub. L. 105-244 substituted "section 1001" for

"section 1141(a)".

1994 - Par. (8). Pub. L. 103-382, Sec. 394(h)(1)(A), substituted

"section 8801 of title 20" for "section 2891(8) of title 20".

Par. (14). Pub. L. 103-382, Sec. 394(h)(1)(B), substituted

"section 8801 of title 20" for "section 2891(12) of title 20".

Par. (22). Pub. L. 103-382, Sec. 394(h)(1)(C), substituted

"section 8801 of title 20" for "section 2891(21) of title 20".

Par. (28). Pub. L. 103-382, Sec. 394(h)(1)(D), substituted

"section 8801 of title 20" for "section 2891(23) of title 20".

1993 - Pub. L. 103-82 amended section generally, substituting

provisions consisting of 29 definitions of terms used in this

subchapter for former provisions consisting of 30 definitions.

1992 - Par. (29). Pub. L. 102-384, Sec. 3(1), added par. (29) and

struck out former par. (29) which read as follows: "The term

'summer program' means a youth corps program authorized under this

subchapter that is limited to the months of June, July, and

August."

Par. (30). Pub. L. 102-384, Sec. 3(2), substituted "living

allowances" for "stipends".

1991 - Par. (7). Pub. L. 102-10, Sec. 3(1), added par. (7).

Former par. (7) redesignated (8).

Par. (8). Pub. L. 102-10, Sec. 3(2), (3), redesignated par. (7)

as (8) and inserted "an Indian or" before "Indian tribes" in two

places. Former par. (8) redesignated (9).

Pars. (9) to (13). Pub. L. 102-10, Sec. 3(2), redesignated pars.

(8) to (12) as (9) to (13), respectively. Former par. (13)

redesignated (14).

Par. (14). Pub. L. 102-10, Sec. 3(2), (4), redesignated par. (13)

as (14) and inserted at end "Participants shall not be considered

employees of the program." Former par. (14) redesignated (15).

Pars. (15) to (22). Pub. L. 102-10, Sec. 3(2), redesignated pars.

(14) to (21) as (15) to (22), respectively. Former par. (22)

redesignated (23).

Par. (23). Pub. L. 102-10, Sec. 3(5), which directed the

substitution of "participants" for "students or out of school

youth", was executed by making the substitution for "students or

out-of-school youth" to reflect the probable intent of Congress.

Pub. L. 102-10, Sec. 3(2), redesignated par. (22) as (23). Former

par. (23) redesignated (24).

Par. (24). Pub. L. 102-10, Sec. 3(2), (6), redesignated par. (23)

as (24) and in heading and text substituted "participant" for

"member". Former par. (24) redesignated (25).

Pars. (25) to (29). Pub. L. 102-10, Sec. 3(2), redesignated pars.

(24) to (28) as (25) to (29), respectively. Former par. (29)

redesignated (30).

Par. (30). Pub. L. 102-10, Sec. 3(2), (7), redesignated par. (29)

as (30) and inserted "corps" after "youth service".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of Title 20, Education.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

123 of Pub. L. 103-82, set out as a note under section 1701 of

Title 16, Conservation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2751, 12524, 12531,

12561, 12604, 12653b, 12682 of this title; title 20 section 1003.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 12512 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division A - General Provisions

-HEAD-

Sec. 12512. Repealed. Pub. L. 103-82, title I, Sec. 112, Sept. 21,

1993, 107 Stat. 861

-MISC1-

Section, Pub. L. 101-610, title I, Sec. 102, Nov. 16, 1990, 104

Stat. 3132, authorized Commission to make grants to carry out

programs under parts B, C, D, and E of this subchapter.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1993, see section 123 of Pub. L. 103-82,

set out as an Effective Date of 1993 Amendment note under section

1701 of Title 16, Conservation.

-End-

-CITE-

42 USC Division B - School-Based and Community-Based

Service-Learning Programs 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

-HEAD-

DIVISION B - SCHOOL-BASED AND COMMUNITY-BASED SERVICE-LEARNING

PROGRAMS

-MISC1-

PRIOR PROVISIONS

This division is comprised of subtitle B, Secs. 111-119, of title

I of Pub. L. 101-610. A prior part B (Sec. 12521 et seq.),

comprised of subtitle B, Secs. 111-118, of title I of Pub. L.

101-610, related to programs for students and out-of-school youth,

prior to repeal by Pub. L. 103-82, title I, Sec. 103(a)(2), (b),

Sept. 21, 1993, 107 Stat. 825, 837.

-SECREF-

DIVISION REFERRED TO IN OTHER SECTIONS

This division is referred to in sections 12638, 12653, 12681 of

this title.

-End-

-CITE-

42 USC Part I - Serve-America Programs 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part I - Serve-America Programs

-HEAD-

PART I - SERVE-AMERICA PROGRAMS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 12572, 12573 of this title.

-End-

-CITE-

42 USC subpart a - school-based programs for students 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part I - Serve-America Programs

subpart a - school-based programs for students

-HEAD-

SUBPART A - SCHOOL-BASED PROGRAMS FOR STUDENTS

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 12681 of this title.

-End-

-CITE-

42 USC Sec. 12521 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part I - Serve-America Programs

subpart a - school-based programs for students

-HEAD-

Sec. 12521. Authority to assist States and Indian tribes

-STATUTE-

(a) Use of funds

The Corporation, in consultation with the Secretary of Education,

may make grants under section 12524(b)(1) of this title, and

allotments under subsections (a) and (b)(2) of section 12524 of

this title, to States (through State educational agencies), and to

Indian tribes, to pay for the Federal share of -

(1) planning and building the capacity of the States or Indian

tribes (which may be accomplished through grants or contracts

with qualified organizations) to implement school-based

service-learning programs, including -

(A) providing training for teachers, supervisors, personnel

from community-based agencies (particularly with regard to the

utilization of participants), and trainers, to be conducted by

qualified individuals or organizations that have experience

with service-learning;

(B) developing service-learning curricula to be integrated

into academic programs, including the age-appropriate learning

component described in section 12526(d)(2) of this title;

(C) forming local partnerships described in paragraph (2) or

(4) to develop school-based service-learning programs in

accordance with this subpart;

(D) devising appropriate methods for research and evaluation

of the educational value of service-learning and the effect of

service-learning activities on communities; and

(E) establishing effective outreach and dissemination of

information to ensure the broadest possible involvement of

community-based agencies with demonstrated effectiveness in

working with school-age youth in their communities;

(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 State

distribution of Federal funds made available under this subpart

to projects operated by local partnerships among -

(A) local educational agencies; and

(B) one 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, educational, environmental,

or public safety needs;

(II) was in existence at least 1 year before the date on

which the organization submitted an application under

section 12526 of this title; and

(III) will make projects available for participants, who

shall be students; and

(ii) may include a private for-profit business or private

elementary or secondary school;

(3) planning of school-based service-learning programs, through

State distribution of Federal funds made available under this

subpart to local educational agencies, which planning may include

paying for the cost of -

(A) the salaries and benefits of service-learning

coordinators; or

(B) the recruitment, training, supervision, and placement of

service-learning coordinators who are participants in a program

under division C of this subchapter or receive a national

service educational award under division D of this subchapter,

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); and

(4) implementing, operating, or expanding school-based

service-learning programs involving adult volunteers to utilize

service-learning to improve the education of students, through

State distribution of Federal funds made available under this

part to local partnerships among -

(A) local educational agencies; and

(B) one or more -

(i) public or private nonprofit organizations;

(ii) other educational agencies; or

(iii) private for-profit businesses,

that coordinate and operate projects for participants, who shall

be students.

(b) Duties of service-learning coordinator

A service-learning coordinator referred to in paragraph (2) or

(3) of subsection (a) of this section shall provide services to a

local educational agency by -

(1) providing technical assistance and information to, and

facilitating the training of, teachers who want to use

service-learning in their classrooms;

(2) assisting local partnerships described in subsection (a) of

this section in the planning, development, and execution of

service-learning projects; and

(3) carrying out such other duties as the local educational

agency may determine to be appropriate.

(c) Related expenses

A partnership, local educational agency, or other qualified

organization that receives financial assistance under this subpart

may, in carrying out the activities described in subsection (a) of

this section, 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.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 111, as added Pub. L. 103-82, title

I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 825.)

-MISC1-

PRIOR PROVISIONS

A prior section 12521, Pub. L. 101-610, title I, Sec. 111, Nov.

16, 1990, 104 Stat. 3132; Pub. L. 102-10, Sec. 4(2), Mar. 12, 1991,

105 Stat. 30, prescribed general authority of Commission on

National and Community Service to make grants for service-learning

programs, prior to repeal by Pub. L. 103-82, title I, Sec.

103(a)(2), Sept. 21, 1993, 107 Stat. 825.

EFFECTIVE DATE

Division effective Oct. 1, 1993, see section 123 of Pub. L.

103-82, set out as an Effective Date of 1993 Amendment note under

section 1701 of Title 16, Conservation.

PURPOSE OF AMENDMENTS TO SERVE-AMERICA PROGRAMS

Section 103(a)(1) of Pub. L. 103-82 provided that: "The purpose

of this subsection [enacting this part] is to improve the

Serve-America programs established under part I of subtitle B [of

title I] of the National and Community Service Act of 1990

[probably refers to former subpart I (Sec. 12521 et seq.) of part B

of this subchapter], and to enable the Corporation for National and

Community Service, and the entities receiving financial assistance

under such part, to -

"(A) work with teachers in elementary schools and secondary

schools within a community, and with community-based agencies, to

create and offer service-learning opportunities for all

school-age youth;

"(B) educate teachers, and faculty providing teacher training

and retraining, about service-learning, and incorporate

service-learning opportunities into classroom teaching to

strengthen academic learning;

"(C) coordinate the work of adult volunteers who work with

elementary and secondary schools as part of their community

service activities; and

"(D) work with employers in the communities to ensure that

projects introduce the students to various careers and expose the

students to needed further education and training."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12511, 12522, 12523,

12524, 12525, 12526, 12527, 12530 of this title.

-End-

-CITE-

42 USC Sec. 12522 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part I - Serve-America Programs

subpart a - school-based programs for students

-HEAD-

Sec. 12522. Authority to assist local applicants in

nonparticipating States

-STATUTE-

In any fiscal year in which a State does not submit an

application under section 12525 of this title, for an allotment

under subsection (a) or (b)(2) of section 12524 of this title, that

meets the requirements of section 12525 of this title and such

other requirements as the Chief Executive Officer may determine to

be appropriate, the Corporation may use the allotment of that State

to make direct grants to pay for the Federal share of the cost of -

(1) carrying out the activities described in paragraph (2) or

(4) of section 12521(a) of this title, to a local partnership

described in such paragraph; or

(2) carrying out the activities described in paragraph (3) of

such section, to an agency described in such paragraph,

that is located in the State.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 111A, as added Pub. L. 103-82,

title I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 827.)

-MISC1-

PRIOR PROVISIONS

A prior section 12522, Pub. L. 101-610, title I, Sec. 112, Nov.

16, 1990, 104 Stat. 3133; Pub. L. 102-10, Sec. 4(3), Mar. 12, 1991,

105 Stat. 30; Pub. L. 102-384, Sec. 4, Oct. 5, 1992, 106 Stat.

1455, related to allotments, prior to repeal by Pub. L. 103-82,

Sec. 103(a)(2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12524, 12526, 12527 of

this title.

-End-

-CITE-

42 USC Sec. 12523 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part I - Serve-America Programs

subpart a - school-based programs for students

-HEAD-

Sec. 12523. Authority to assist public or private nonprofit

organizations

-STATUTE-

(a) In general

The Corporation may make grants under section 12524(b)(1) of this

title to public or private nonprofit organizations that -

(1) have experience with service-learning;

(2) were in existence at least 1 year before the date on which

the organization submitted an application under section 12526(a)

of this title; and

(3) meet such other criteria as the Chief Executive Officer may

establish.

(b) Use of funds

Such organizations may use grants made under subsection (a) of

this section to make grants to partnerships described in paragraph

(2) or (4) of section 12521(a) of this title to implement, operate,

or expand school-based service-learning programs as described in

such section and provide technical assistance and training to

appropriate persons.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 111B, as added Pub. L. 103-82,

title I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 827.)

-MISC1-

PRIOR PROVISIONS

A prior section 12523, Pub. L. 101-610, title I, Sec. 113, Nov.

16, 1990, 104 Stat. 3134; Pub. L. 102-384, Sec. 4, Oct. 5, 1992,

106 Stat. 1455, related to State grant applications, prior to

repeal by Pub. L. 103-82, Sec. 103(a)(2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12524, 12526, 12527,

12531 of this title.

-End-

-CITE-

42 USC Sec. 12524 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part I - Serve-America Programs

subpart a - school-based programs for students

-HEAD-

Sec. 12524. Grants and allotments

-STATUTE-

(a) Indian tribes and territories

Of the amounts appropriated to carry out this subpart for any

fiscal year, the Corporation shall reserve an amount of 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. The Corporation may also make payments from such

amount to Palau, in accordance with its needs, until such time as

the Compact of Free Association with Palau is ratified.

(b) Grants and allotments through States

The Corporation shall use the remainder of the funds appropriated

to carry out this subpart for any fiscal year as follows:

(1) Grants

Except as provided in paragraph (3), from 25 percent of such

remainder, the Corporation may make grants, on a competitive

basis, to -

(A) States and Indian tribes; or

(B) as described in section 12523 of this title, to

grantmaking entities.

(2) Allotments

(A) School-age youth

Except as provided in paragraph (3), from 37.5 percent of

such remainder, the Corporation shall allot to each State an

amount that bears the same ratio to 37.5 percent of such

remainder as the number of school-age youth in the State bears

to the total number of school-age youth of all States.

(B) Allocation under Elementary and Secondary Education Act of

1965

Except as provided in paragraph (3), from 37.5 percent of

such remainder, the Corporation shall allot to each State an

amount that bears the same ratio to 37.5 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 [20 U.S.C. 6301 et seq.] or its successor

authority bears to such allocations to all States.

(3) Minimum amount

No State shall receive, under paragraph (2), an allotment that

is less than the allotment such State received for fiscal year

1993 under section 12522(b) of this title, as in effect on the

day before September 21, 1993. If the amount of funds made

available in a fiscal year to carry out paragraph (2) is

insufficient to make such allotments, the Corporation shall make

available sums from the 25 percent described in paragraph (1) for

such fiscal year to make such allotments.

(4) "State" defined

Notwithstanding section 12511(26) of this title, for purposes

of this subsection, the term "State" means each of the several

States, the District of Columbia, and the Commonwealth of Puerto

Rico.

(c) Reallotment

If the Corporation determines that the allotment of a State or

Indian tribe under this section will not be required for a fiscal

year because the State or Indian tribe does not submit an

application for the allotment under section 12525 of this title

that meets the requirements of such section and such other

requirements as the Chief Executive Officer may determine to be

appropriate, the Corporation shall, after making any grants under

section 12522 of this title to a partnership or agency described in

such section, make any remainder of such allotment available for

reallotment to such other States, and Indian tribes, with approved

applications submitted under section 12525 of this title, as the

Corporation may determine to be appropriate.

(d) Exception

Notwithstanding subsections (a) and (b) of this section, if less

than $20,000,000 is appropriated for any fiscal year to carry out

this subpart, the Corporation shall award grants to States and

Indian tribes, from the amount so appropriated, on a competitive

basis to pay for the Federal share of the activities described in

section 12521 of this title.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 112, as added Pub. L. 103-82, title

I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 827; amended Pub. L.

103-382, title III, Secs. 391(y), 394(h)(2), Oct. 20, 1994, 108

Stat. 4026, 4028.)

-REFTEXT-

REFERENCES IN TEXT

For ratification of Compact of Free Association with Palau,

referred to in subsec. (a), see Proc. No. 6726, Sept. 27, 1994, 59

F.R. 49777, set out as a note under section 1931 of Title 48,

Territories and Insular Possessions.

The Elementary and Secondary Education Act of 1965, referred to

in subsec. (b)(2)(B), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27,

as amended. Title I of the Act is classified generally to

subchapter I (Sec. 6301 et seq.) of chapter 70 of Title 20,

Education. For complete classification of this Act to the Code, see

Short Title note set out under section 6301 of Title 20 and Tables.

Section 12522(b) of this title, as in effect on the day before

September 21, 1993, referred to in subsec. (b)(3), means former

section 12522(b) which was repealed by Pub. L. 103-82, title I,

Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 825.

-MISC1-

PRIOR PROVISIONS

A prior section 12524, Pub. L. 101-610, title I, Sec. 114, Nov.

16, 1990, 104 Stat. 3135; Pub. L. 102-10, Sec. 4(4), Mar. 12, 1991,

105 Stat. 30, related to local applications for assistance, prior

to repeal by Pub. L. 103-82, Sec. 103(a)(2).

A prior section 112 of Pub. L. 101-610 was classified to section

12522 of this title prior to repeal by Pub. L. 103-82.

AMENDMENTS

1994 - Subsec. (b)(2)(B). Pub. L. 103-382, Sec. 394(h)(2),

inserted "or its successor authority" before "bears to such".

Pub. L. 103-382, Sec. 391(y), substituted "title I of" for

"chapter 1 of title I of".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12521, 12522, 12523,

12525, 12527, 12530 of this title.

-End-

-CITE-

42 USC Sec. 12525 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part I - Serve-America Programs

subpart a - school-based programs for students

-HEAD-

Sec. 12525. State or tribal applications

-STATUTE-

(a) Submission

To be eligible to receive a grant under section 12524(b)(1) of

this title, an allotment under subsection (a) or (b)(2) of section

12524 of this title, a reallotment under section 12524(c) of this

title, or a grant under section 12524(d) of this title, a State,

acting through the State educational agency, or an Indian tribe,

shall prepare, submit to the Corporation, and obtain approval of,

an application at such time and in such manner as the Chief

Executive Officer may reasonably require.

(b) Contents

An application that is submitted under subsection (a) of this

section with respect to service-learning programs described in

section 12521 of this title shall include -

(1) a 3-year strategic plan, or a revision of a previously

approved 3-year strategic plan, for promoting service-learning

through the programs, which plan shall contain such information

as the Chief Executive Officer may reasonably require, including

information demonstrating that the programs will be carried out

in a manner consistent with the approved strategic plan;

(2) assurances that -

(A) the applicant will keep such records and provide such

information to the Corporation with respect to the programs as

may be required for fiscal audits and program evaluation; and

(B) the applicant will comply with the nonduplication and

nondisplacement requirements of section 12637 of this title and

the grievance procedure requirements of section 12636(f) of

this title; and

(3) such additional information as the Chief Executive Officer

may reasonably require.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 113, as added Pub. L. 103-82, title

I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 829.)

-MISC1-

PRIOR PROVISIONS

A prior section 12525, Pub. L. 101-610, title I, Sec. 115, Nov.

16, 1990, 104 Stat. 3137; Pub. L. 102-384, Sec. 4, Oct. 5, 1992,

106 Stat. 1455, related to priority applications and private school

participation, prior to repeal by Pub. L. 103-82, Sec. 103(a)(2).

A prior section 113 of Pub. L. 101-610 was classified to section

12523 of this title prior to repeal by Pub. L. 103-82.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12522, 12524, 12526,

12527, 12638 of this title.

-End-

-CITE-

42 USC Sec. 12526 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part I - Serve-America Programs

subpart a - school-based programs for students

-HEAD-

Sec. 12526. Local applications

-STATUTE-

(a) Application to Corporation to make grants for school-based

service-learning programs

(1) In general

To be eligible to receive a grant in accordance with section

12523(a) of this title to make grants relating to school-based

service-learning programs described in section 12521(a) of this

title, a grantmaking entity shall prepare, submit to the

Corporation, and obtain approval of, an application.

(2) Submission

Such application shall be submitted at such time and in such

manner, and shall contain such information, as the Chief

Executive Officer may reasonably require. Such application shall

include a proposal to assist such programs in more than 1 State.

(b) Direct application to Corporation to carry out school-based

service-learning programs in nonparticipating States

To be eligible to receive a grant from the Corporation in the

circumstances described in section 12522 of this title to carry out

an activity as described in such section, a partnership or agency

described in such section shall prepare, submit to the Corporation,

and obtain approval of, an application. Such application shall be

submitted at such time and in such manner, and shall contain such

information, as the Chief Executive Officer may reasonably require.

(c) Application to State or Indian tribe to receive assistance to

carry out school-based service-learning programs

(1) In general

Any -

(A) qualified organization that desires to receive financial

assistance under this subpart from a State or Indian tribe for

an activity described in section 12521(a)(1) of this title;

(B) partnership described in section 12521(a)(2) of this

title that desires to receive such assistance from a State,

Indian tribe, or grantmaking entity for an activity described

in section 12521(a)(2) of this title;

(C) agency described in section 12521(a)(3) of this title

that desires to receive such assistance from a State or Indian

tribe for an activity described in such section; or

(D) partnership described in section 12521(a)(4) of this

title that desires to receive such assistance from a State or

Indian tribe for an activity described in such section,

to be carried out through a service-learning program described in

section 12521 of this title, shall prepare, submit to the State

educational agency, Indian tribe, or grantmaking entity, 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, tribe,

or entity may reasonably require.

(d) Regulations

The Corporation shall by regulation establish standards for the

information and assurances required to be contained in an

application submitted under subsection (a) or (b) of this section

with respect to a service-learning program described in section

12521 of this title, including, at a minimum, assurances that -

(1) prior to the placement of a participant, the entity

carrying out the program 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;

(2) the entity carrying out the program will develop an

age-appropriate learning component for participants in the

program that shall include a chance for participants to analyze

and apply their service experiences; and

(3) the entity carrying out the program will comply with the

nonduplication and nondisplacement requirements of section 12637

of this title and the grievance procedure requirements of section

12636(f) of this title.

(e) Limitation on same project in multiple applications

No applicant shall submit an application under section 12525 of

this title or this section, and the Corporation shall reject an

application that is submitted under section 12525 of this title or

this section, if the application describes a project proposed to be

conducted using assistance requested by the applicant and the

project is already described in another application pending before

the Corporation.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 114, as added Pub. L. 103-82, title

I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 829.)

-MISC1-

PRIOR PROVISIONS

A prior section 12526, Pub. L. 101-610, title I, Sec. 116, Nov.

16, 1990, 104 Stat. 3138; Pub. L. 102-384, Sec. 4, Oct. 5, 1992,

106 Stat. 1455, prescribed Federal and local project contributions,

prior to repeal by Pub. L. 103-82, Sec. 103(a)(2).

A prior section 114 of Pub. L. 101-610 was classified to section

12524 of this title prior to repeal by Pub. L. 103-82.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12521, 12523, 12527 of

this title.

-End-

-CITE-

42 USC Sec. 12527 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part I - Serve-America Programs

subpart a - school-based programs for students

-HEAD-

Sec. 12527. Consideration of applications

-STATUTE-

(a) Criteria for applications

In approving applications for financial assistance under

subsection (a), (b), (c), or (d) of section 12524 of this title,

the Corporation shall consider such criteria with respect to

sustainability, replicability, innovation, and quality of programs

under this subpart as the Chief Executive Officer may by regulation

specify. In providing assistance under this subpart, a State

educational agency, Indian tribe, or grantmaking entity shall

consider such criteria.

(b) Priority for local applications

In providing assistance under this subpart, a State educational

agency or Indian tribe, or the Corporation if section 12522 or

12523 of this title applies, shall give priority to entities that

submit applications under section 12526 of this title with respect

to service-learning programs described in section 12521 of this

title that -

(1) involve participants in the design and operation of the

program;

(2) are in the greatest need of assistance, such as programs

targeting low-income areas;

(3) involve -

(A) students from public elementary or secondary schools, and

students from private elementary or secondary schools, serving

together; or

(B) students of different ages, races, sexes, ethnic groups,

disabilities, or economic backgrounds, serving together; or

(4) are integrated into the academic program of the

participants.

(c) Rejection of applications

If the Corporation rejects an application submitted by a State

under section 12525 of this title for an allotment under section

12524(b)(2) of this title, the Corporation shall promptly notify

the State of the reasons for the rejection of the application. The

Corporation shall provide the State with a reasonable opportunity

to revise and resubmit the application and shall provide technical

assistance, if needed, to the State as part of the resubmission

process. The Corporation shall promptly reconsider such resubmitted

application.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 115, as added Pub. L. 103-82, title

I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 830.)

-MISC1-

PRIOR PROVISIONS

A prior section 12527, Pub. L. 101-610, title I, Sec. 117, Nov.

16, 1990, 104 Stat. 3138; Pub. L. 102-10, Sec. 4(5), Mar. 12, 1991,

105 Stat. 30, prescribed authorized uses of funds, prior to repeal

by Pub. L. 103-82, Sec. 103(a)(2).

A prior section 115 of Pub. L. 101-610 was classified to section

12525 of this title prior to repeal by Pub. L. 103-82.

-End-

-CITE-

42 USC Sec. 12528 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part I - Serve-America Programs

subpart a - school-based programs for students

-HEAD-

Sec. 12528. Participation of students and teachers from private

schools

-STATUTE-

(a) In general

To the extent consistent with the number of students in the State

or Indian tribe or in the school district of the local educational

agency involved who are enrolled in private nonprofit elementary

and secondary schools, such State, 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 subpart; 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 subpart.

(b) Waiver

If a State, 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) of this section, or if the Corporation determines

that a State, 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. Such waivers shall be

subject to consultation, withholding, notice, and judicial review

requirements in accordance with paragraphs (3) and (4) of section

2727(b) of title 20, as in effect on the day preceding October 20,

1994.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 115A, as added Pub. L. 103-82,

title I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 831; amended

Pub. L. 103-382, title III, Sec. 394(h)(3), Oct. 20, 1994, 108

Stat. 4028.)

-REFTEXT-

REFERENCES IN TEXT

Section 2727(b) of title 20, referred to in subsec. (b), was in

the original "section 1017(b) of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 2727(b))", Pub. L. 89-10, and was

omitted in the general amendment of that Act by Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3519. See section 6311

et seq. of Title 20, Education.

-MISC1-

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-382 inserted before period at end

", as in effect on the day preceding October 20, 1994".

-End-

-CITE-

42 USC Sec. 12529 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part I - Serve-America Programs

subpart a - school-based programs for students

-HEAD-

Sec. 12529. Federal, State, and local contributions

-STATUTE-

(a) Share

(1) In general

The Federal share attributable to this subpart of the cost of

carrying out a program for which a grant or allotment is made

under this subpart may not exceed -

(A) 90 percent of the total cost of the program for the first

year for which the program receives assistance under this

subpart;

(B) 80 percent of the total cost of the program for the

second year for which the program receives assistance under

this subpart;

(C) 70 percent of the total cost of the program for the third

year for which the program receives assistance under this

subpart; and

(D) 50 percent of the total cost of the program for the

fourth year, and for any subsequent year, for which the program

receives assistance under this subpart.

(2) Calculation

In providing for the remaining share of the cost of carrying

out such a program, each recipient of assistance under this

subpart -

(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 Federal sources (other than funds made available

under the national service laws).

(b) Waiver

The Chief Executive Officer may waive the requirements of

subsection (a) of this section in whole or in part with respect to

any such 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.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 116, as added Pub. L. 103-82, title

I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 832.)

-MISC1-

PRIOR PROVISIONS

A prior section 116 of Pub. L. 101-610 was classified to section

12526 of this title prior to repeal by Pub. L. 103-82.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12546, 12561 of this

title.

-End-

-CITE-

42 USC Sec. 12530 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part I - Serve-America Programs

subpart a - school-based programs for students

-HEAD-

Sec. 12530. Limitations on uses of funds

-STATUTE-

(a) Administrative costs

(1) Limitation

Not more than 5 percent of the amount of assistance provided to

a State educational agency, Indian tribe, or grantmaking entity

that is the original recipient of a grant or allotment under

subsection (a), (b), (c), or (d) of section 12524 of this title

for a fiscal year may be used to pay for administrative costs

incurred by -

(A) the original recipient; or

(B) the entity carrying out the service-learning programs

supported with the assistance.

(2) Rules on use

The Chief Executive Officer may by rule prescribe the manner

and extent to which -

(A) such assistance 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; and

(ii) the entity carrying out the service-learning programs

supported with the assistance.

(b) Capacity-building activities

(1) In general

Except as provided in paragraph (2), not less than 10 percent

and not more than 15 percent of the amount of assistance provided

to a State educational agency or Indian tribe that is the

original recipient of a grant or allotment under subsection (a),

(b), (c), or (d) of section 12524 of this title for a fiscal year

may be used to build capacity through training, technical

assistance, curriculum development, and coordination activities,

described in section 12521(a)(1) of this title.

(2) Waiver

The Chief Executive Officer may waive the requirements of

paragraph (1) in order to permit an agency or a tribe to use not

less than 10 percent and not more than 20 percent of such amount

to build capacity as provided in paragraph (1). To be eligible to

receive such a waiver such an agency or tribe shall submit an

application to the Chief Executive Officer at such time, in such

manner, and containing such information as the Chief Executive

Officer may require.

(c) Local uses of funds

Funds made available under this subpart may not be used to pay

any stipend, allowance, or other financial support to any student

who is a participant under this division, except reimbursement for

transportation, meals, and other reasonable out-of-pocket expenses

directly related to participation in a program assisted under this

subpart.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 116A, as added Pub. L. 103-82,

title I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 832.)

-End-

-CITE-

42 USC Sec. 12531 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part I - Serve-America Programs

subpart a - school-based programs for students

-HEAD-

Sec. 12531. Definitions

-STATUTE-

As used in this subpart:

(1) Grantmaking entity

The term "grantmaking entity" means an organization described

in section 12523(a) of this title.

(2) School-based

The term "school-based" means based in an elementary school or

a secondary school.

(3) Student

Notwithstanding section 12511(29) of this title, the term

"student" means an individual who is enrolled in an elementary or

secondary school on a full- or part-time basis.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 116B, as added Pub. L. 103-82,

title I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 833.)

-MISC1-

PRIOR PROVISIONS

A prior section 12531, Pub. L. 101-610, title I, Sec. 118, Nov.

16, 1990, 104 Stat. 3139; Pub. L. 102-10, Sec. 4(6), Mar. 12, 1991,

105 Stat. 30, related to higher education innovative projects for

community service, prior to repeal by Pub. L. 103-82, Sec. 103(b).

-End-

-CITE-

42 USC subpart b - community-based service programs for

school-age youth 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part I - Serve-America Programs

subpart b - community-based service programs for school-age youth

-HEAD-

SUBPART B - COMMUNITY-BASED SERVICE PROGRAMS FOR SCHOOL-AGE YOUTH

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 12681 of this title.

-End-

-CITE-

42 USC Sec. 12541 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part I - Serve-America Programs

subpart b - community-based service programs for school-age youth

-HEAD-

Sec. 12541. Definitions

-STATUTE-

As used in this subpart:

(1) Community-based service program

The term "community-based service program" means a program

described in section 12542(b)(1)(A) of this title.

(2) Grantmaking entity

The term "grantmaking entity" means a qualified organization

that -

(A) submits an application under section 12544(a) of this

title to make grants to qualified organizations;

(B) was in existence at least 1 year before the date on which

the organization submitted the application; and

(C) meets such other criteria as the Chief Executive Officer

shall establish.

(3) 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.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 117, as added Pub. L. 103-82, title

I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 833.)

-MISC1-

PRIOR PROVISIONS

A prior section 12541, Pub. L. 101-610, title I, Sec. 121, Nov.

16, 1990, 104 Stat. 3140, as amended, which prescribed general

authority of Commission to make grants and transfer funds for youth

corps programs, was renumbered section 199A of Pub. L. 101-610 by

Pub. L. 103-82, Sec. 101(a), and transferred to section 12655 of

this title.

A prior section 117 of Pub. L. 101-610 was classified to section

12527 of this title prior to repeal by Pub. L. 103-82.

-End-

-CITE-

42 USC Sec. 12542 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part I - Serve-America Programs

subpart b - community-based service programs for school-age youth

-HEAD-

Sec. 12542. General authority

-STATUTE-

(a) Grants

From the funds appropriated to carry out this subpart for a

fiscal year, the Corporation may make grants to State Commissions,

grantmaking entities, and qualified organizations to pay for the

Federal share of the implementation, operation, expansion, or

replication of community-based service programs.

(b) Use of funds

(1) State Commissions and grantmaking entities

A State Commission or grantmaking entity may use a grant made

under subsection (a) of this section -

(A) to make a grant to a qualified organization to implement,

operate, expand, or replicate a community-based service program

that provides for meaningful human, educational, environmental,

or public safety service by participants, who shall be

school-age youth; or

(B) to provide training and technical assistance to such an

organization.

(2) Qualified organizations

A qualified organization, other than a grantmaking entity, may

use a grant made under subsection (a) of this section to

implement, operate, expand, or replicate a program described in

paragraph (1)(A).

-SOURCE-

(Pub. L. 101-610, title I, Sec. 117A, as added Pub. L. 103-82,

title I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 833.)

-MISC1-

PRIOR PROVISIONS

A prior section 12542, Pub. L. 101-610, title I, Sec. 122, Nov.

16, 1990, 104 Stat. 3140, as amended, which related to allocation

of funds by Commission for conservation and youth corps programs,

was renumbered section 199B of Pub. L. 101-610 by Pub. L. 103-82,

Sec. 101(a), and transferred to section 12655a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12511, 12541, 12543,

12544, 12545, 12547 of this title.

-End-

-CITE-

42 USC Sec. 12543 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part I - Serve-America Programs

subpart b - community-based service programs for school-age youth

-HEAD-

Sec. 12543. State applications

-STATUTE-

(a) In general

To be eligible to receive a grant under section 12542(a) of this

title, a State Commission shall prepare, submit to the Corporation,

and obtain approval of, an application.

(b) Submission

Such application shall be submitted to the Corporation at such

time and in such manner, and shall contain such information, as the

Chief Executive Officer may reasonably require.

(c) Contents

Such an application shall include, at a minimum, a State plan

that contains the information and assurances described in section

12544(d) of this title with respect to each community-based service

program proposed to be carried out through funding distributed by

the State Commission under this subpart.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 117B, as added Pub. L. 103-82,

title I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 834.)

-MISC1-

PRIOR PROVISIONS

A prior section 12543, Pub. L. 101-610, title I, Sec. 123, Nov.

16, 1990, 104 Stat. 3141, as amended, which related to applications

for assistance by States, Indian tribes and other local applicants,

was renumbered section 199C of Pub. L. 101-610 by Pub. L. 103-82,

Sec. 101(a), and transferred to section 12655b of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12544, 12545, 12638 of

this title.

-End-

-CITE-

42 USC Sec. 12544 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part I - Serve-America Programs

subpart b - community-based service programs for school-age youth

-HEAD-

Sec. 12544. Local applications

-STATUTE-

(a) Application to Corporation to make grants for community-based

service programs

To be eligible to receive a grant from the Corporation under

section 12542(a) of this title to make grants under section

12542(b)(1) of this title, a grantmaking entity shall prepare,

submit to the Corporation, and obtain approval of, an application

that proposes a community-based service program to be carried out

through grants made to qualified organizations. Such application

shall be submitted at such time and in such manner, and shall

contain such information, as the Chief Executive Officer may

reasonably require.

(b) Direct application to Corporation to carry out community-based

service programs

To be eligible to receive a grant from the Corporation under

section 12542(a) of this title to implement, operate, expand, or

replicate a community service program, a qualified organization

shall prepare, submit to the Corporation, and obtain approval of,

an application that proposes a community-based service program to

be carried out at multiple sites, or that proposes an innovative

community-based service program. Such application shall be

submitted at such time and in such manner, and shall contain such

information, as the Chief Executive Officer may reasonably require.

(c) Application to State Commission or grantmaking entity to

receive grants to carry out community-based service programs

To be eligible to receive a grant from a State Commission or

grantmaking entity under section 12542(b)(1) of this title, a

qualified organization shall prepare, submit to the Commission or

entity, and obtain approval of, an application. Such application

shall be submitted at such time and in such manner, and shall

contain such information, as the Commission or entity may

reasonably require.

(d) Regulations

The Corporation shall by regulation establish standards for the

information and assurances required to be contained in an

application submitted under subsection (a) or (b) of this section

with respect to a community-based service program, including, at a

minimum -

(1) an assurance that the entity carrying out the program

proposed by the applicant will comply with the nonduplication and

nondisplacement provisions of section 12637 of this title and the

grievance procedure requirements of section 12636(f) of this

title;

(2) an assurance that the entity carrying out the program will,

prior to placing a participant in the program, consult with the

appropriate local labor organization, if any, representing

employees in the area in which the program will be carried out

that are engaged in the same or similar work as the work proposed

to be carried out by the program, to prevent the displacement of

such employees; and

(3) in the case of an application submitted by a grantmaking

entity, information demonstrating that the entity will make

grants for a program to -

(A) carry out activities described in section 12542(b)(1) of

this title in two or more States, under circumstances in which

the activities carried out under such program can be carried

out more efficiently through one program than through two or

more programs; and

(B) carry out the same activities, such as training

activities or activities related to exchanging information on

service experiences, through each of the projects assisted

through the program.

(e) Limitation on same project in multiple applications

No applicant shall submit an application under section 12543 of

this title or this section, and the Corporation shall reject an

application that is submitted under section 12543 of this title or

this section, if the application describes a project proposed to be

conducted using assistance requested by the applicant and the

project is already described in another application pending before

the Corporation.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 117C, as added Pub. L. 103-82,

title I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 834.)

-MISC1-

PRIOR PROVISIONS

A prior section 12544, Pub. L. 101-610, title I, Sec. 124, Nov.

16, 1990, 104 Stat. 3143, as amended, which prescribed appropriate

focus for conservation and youth service corps programs, was

renumbered section 199D of Pub. L. 101-610 by Pub. L. 103-82, Sec.

101(a), and transferred to section 12655c of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12541, 12543, 12545 of

this title.

-End-

-CITE-

42 USC Sec. 12545 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part I - Serve-America Programs

subpart b - community-based service programs for school-age youth

-HEAD-

Sec. 12545. Consideration of applications

-STATUTE-

(a) Application of criteria

The Corporation shall apply the criteria described in subsection

(b) of this section in determining whether to approve an

application submitted under section 12543 of this title or under

subsection (a) or (b) of section 12544 of this title and to provide

assistance under section 12542 of this title to the applicant on

the basis of the application.

(b) Assistance criteria

In evaluating such an application with respect to a program under

this subpart, the Corporation shall consider the criteria

established for national service programs under section 12585(c) of

this title.

(c) Application to subgrants

A State Commission or grantmaking entity shall apply the criteria

described in subsection (b) of this section in determining whether

to approve an application under section 12544(c) of this title and

to make a grant under section 12542(b)(1) of this title to the

applicant on the basis of the application.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 117D, as added Pub. L. 103-82,

title I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 835.)

-MISC1-

PRIOR PROVISIONS

A prior section 12545, Pub. L. 101-610, title I, Sec. 125, Nov.

16, 1990, 104 Stat. 3144, which related to administration of

related programs, was renumbered section 199E of Pub. L. 101-610 by

Pub. L. 103-82, Sec. 101(a), and transferred to section 12655d of

this title.

-End-

-CITE-

42 USC Sec. 12546 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part I - Serve-America Programs

subpart b - community-based service programs for school-age youth

-HEAD-

Sec. 12546. Federal, State, and local contributions

-STATUTE-

(a) Federal share

(1) In general

The Federal share attributable to this subpart of the cost of

carrying out a program for which a grant is made under this

subpart may not exceed the percentage specified in subparagraph

(A), (B), (C), or (D) of section 12529(a)(1) of this title, as

appropriate.

(2) Calculation

Each recipient of assistance under this subpart shall comply

with section 12529(a)(2) of this title.

(b) Waiver

The Chief Executive Officer may waive the requirements of

subsection (a) of this section, in whole or in part, as provided in

section 12529(b) of this title.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 117E, as added Pub. L. 103-82,

title I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 836.)

-MISC1-

PRIOR PROVISIONS

A prior section 12546, Pub. L. 101-610, title I, Sec. 126, Nov.

16, 1990, 104 Stat. 3144, which related to program activities on

public or Indian lands, was renumbered section 199F of Pub. L.

101-610 by Pub. L. 103-82, Sec. 101(a), and transferred to section

12655e of this title.

-End-

-CITE-

42 USC Sec. 12547 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part I - Serve-America Programs

subpart b - community-based service programs for school-age youth

-HEAD-

Sec. 12547. Limitations on uses of funds

-STATUTE-

(a) Administrative costs

Not more than 5 percent of the amount of assistance provided to a

State Commission, grantmaking entity, or qualified organization

that is the original recipient of a grant under section 12542(a) of

this title for a fiscal year may be used to pay for administrative

costs incurred by -

(1) the original recipient; or

(2) the entity carrying out the community-based service

programs supported with the assistance.

(b) Rules on use

The Chief Executive Officer may by rule prescribe the manner and

extent to which -

(1) such assistance may be used to cover administrative costs;

and

(2) that portion of the assistance available to cover

administrative costs should be distributed between -

(A) the original recipient; and

(B) the entity carrying out the community-based service

programs supported with the assistance.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 117F, as added Pub. L. 103-82,

title I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 836.)

-MISC1-

PRIOR PROVISIONS

A prior section 12547, Pub. L. 101-610, title I, Sec. 127, Nov.

16, 1990, 104 Stat. 3145, which related to training and education

services, was renumbered section 199G of Pub. L. 101-610 by Pub. L.

103-82, Sec. 101(a), and transferred to section 12655f of this

title.

A prior section 12548, Pub. L. 101-610, title I, Sec. 128, Nov.

16, 1990, 104 Stat. 3146, as amended, which related to amount of

award and matching requirement, was renumbered section 199H of Pub.

L. 101-610 by Pub. L. 103-82, title I, Sec. 101(a), Sept. 21, 1993,

107 Stat. 788, and transferred to section 12655g of this title,

prior to repeal by Pub. L. 103-82, Sec. 101(e)(8)(A).

A prior section 12549, Pub. L. 101-610, title I, Sec. 129, Nov.

16, 1990, 104 Stat. 3146, which related to preference for certain

projects, was successively renumbered section 199I, then 199H, of

Pub. L. 101-610 by Pub. L. 103-82, Sec. 101(a), (e)(8)(B), and

transferred to section 12655h of this title.

A prior section 12550, Pub. L. 101-610, title I, Sec. 130, Nov.

16, 1990, 104 Stat. 3146, as amended, which related to age and

citizenship criteria for enrollment, was successively renumbered

section 199J, then 199I, of Pub. L. 101-610 by Pub. L. 103-82, Sec.

101(a), (e)(8)(B), and transferred to section 12655i of this title.

-End-

-CITE-

42 USC subpart c - clearinghouse 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part I - Serve-America Programs

subpart c - clearinghouse

-HEAD-

SUBPART C - CLEARINGHOUSE

-End-

-CITE-

42 USC Sec. 12551 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part I - Serve-America Programs

subpart c - clearinghouse

-HEAD-

Sec. 12551. Service-learning clearinghouse

-STATUTE-

(a) In general

The Corporation shall provide financial assistance, from funds

appropriated to carry out division H of this subchapter, to

organizations described in subsection (b) of this section to

establish a clearinghouse, which shall carry out activities, either

directly or by arrangement with another such organization, with

respect to information about service-learning.

(b) Public or private nonprofit organizations

Public or private nonprofit organizations that have extensive

experience with service-learning, including use of adult volunteers

to foster service-learning, shall be eligible to receive assistance

under subsection (a) of this section.

(c) Function of clearinghouse

An organization that receives assistance under subsection (a) of

this section may -

(1) assist entities carrying out State or local

service-learning programs with needs assessments and planning;

(2) conduct research and evaluations concerning

service-learning;

(3)(A) provide leadership development and training to State and

local service-learning program administrators, supervisors,

service sponsors, and participants; and

(B) provide training to persons who can provide the leadership

development and training described in subparagraph (A);

(4) facilitate communication among entities carrying out

service-learning programs and participants in such programs;

(5) provide information, curriculum materials, and technical

assistance relating to planning and operation of service-learning

programs, to States and local entities eligible to receive

financial assistance under this subchapter;

(6) provide information regarding methods to make

service-learning programs accessible to individuals with

disabilities;

(7)(A) gather and disseminate information on successful

service-learning programs, components of such successful

programs, innovative youth skills curricula related to

service-learning, and service-learning projects; and

(B) coordinate the activities of the Clearinghouse (!1) with

appropriate entities to avoid duplication of effort;

(8) make recommendations to State and local entities on quality

controls to improve the quality of service-learning programs;

(9) assist organizations in recruiting, screening, and placing

service-learning coordinators; and

(10) carry out such other activities as the Chief Executive

Officer determines to be appropriate.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 118, as added Pub. L. 103-82, title

I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 836.)

-MISC1-

PRIOR PROVISIONS

A prior section 12551, Pub. L. 101-610, title I, Sec. 131, Nov.

16, 1990, 104 Stat. 3147, which related to use of volunteers in

assisting program projects, was successively renumbered section

199K, then 199J, of Pub. L. 101-610 by Pub. L. 103-82, Sec. 101(a),

(e)(8)(B), and transferred to section 12655j of this title.

A prior section 118 of Pub. L. 101-610 was classified to section

12531 of this title prior to repeal by Pub. L. 103-82.

A prior section 12552, Pub. L. 101-610, title I, Sec. 132, Nov.

16, 1990, 104 Stat. 3147, which related to post-service benefits,

was renumbered section 199L of Pub. L. 101-610 by Pub. L. 103-82,

Sec. 101(a), and transferred to section 12655k of this title, prior

to repeal by Pub. L. 103-82, Sec. 101(e)(8)(A).

A prior section 12553, Pub. L. 101-610, title I, Sec. 133, Nov.

16, 1990, 104 Stat. 3147, as amended, which related to living

allowance, was successively renumbered section 199M, then 199K, of

Pub. L. 101-610 by Pub. L. 103-82, Sec. 101(a), (e)(8)(B), and

transferred to section 12655l of this title.

A prior section 12554, Pub. L. 101-610, title I, Sec. 134, Nov.

16, 1990, 104 Stat. 3148, which related to joint programs, was

successively renumbered section 199N, then 199L, of Pub. L. 101-610

by Pub. L. 103-82, Sec. 101(a), (e)(8)(B), and transferred to

section 12655m of this title.

A prior section 12555, Pub. L. 101-610, title I, Sec. 135, Nov.

16, 1990, 104 Stat. 3149, which related to Federal and State

employee status, was successively renumbered section 199O, then

199M, of Pub. L. 101-610 by Pub. L. 103-82, Sec. 101(a), (e)(8)(B),

and transferred to section 12655n of this title.

A prior section 12556, Pub. L. 101-610, title I, Sec. 136, Nov.

16, 1990, 104 Stat. 3150, directed Commission on National and

Community Service to promulgate regulations implementing American

Conservation Youth Corps program and established procedures for

promulgation, prior to repeal by Pub. L. 102-10, Sec. 5(7), Mar.

12, 1991, 105 Stat. 31.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12653a of this title.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

-CITE-

42 USC Part II - Higher Education Innovative Programs for

Community Service 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part II - Higher Education Innovative Programs for Community Service

-HEAD-

PART II - HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY

SERVICE

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 12681 of this title.

-End-

-CITE-

42 USC Sec. 12561 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division B - School-Based and Community-Based Service-Learning

Programs

Part II - Higher Education Innovative Programs for Community Service

-HEAD-

Sec. 12561. Higher education innovative programs for community

service

-STATUTE-

(a) Purpose

It is the purpose of this part to expand participation in

community service by supporting innovative community service

programs 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 combination 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; and

(B) provides projects for participants, who shall be

students, faculty, administration, or staff of the institution,

or residents of the community;

(2) supporting student-initiated and student-designed community

service projects through the program;

(3) strengthening the leadership and instructional capacity of

teachers at the elementary, secondary, and postsecondary levels,

with respect to service-learning, by -

(A) including service-learning as a key component of the

preservice teacher education of the institution; and

(B) 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 (42 U.S.C. 2751 et seq.) to support service-learning and

community service through the community service program;

(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 share

(1) Share

(A) In general

The Federal share of the cost of carrying out a community

service project for which a grant or contract is awarded under

this part may not exceed 50 percent.

(B) Calculation

Each recipient of assistance under this part shall comply

with section 12529(a)(2) of this title.

(2) Waiver

The Chief Executive Officer may waive the requirements of

paragraph (1), in whole or in part, as provided in section

12529(b) of this title.

(d) Application for grant

(1) Submission

To receive a grant or enter into a contract under this part, an

institution or partnership described in subsection (b) of this

section shall prepare, submit to the Corporation, and obtain

approval of, an application at such time, in such manner, and

containing such information and assurances as the Corporation may

reasonably require. 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 section 12637 of this title and

grievance procedure requirements of section 12636(f) of this

title; and

(B) such other assurances as the Chief Executive Officer may

reasonably require.

(e) Priority

(1) In general

In making grants and entering into contracts under subsection

(b) of this section, the Corporation shall give priority to

applicants that submit applications containing proposals that -

(A) demonstrate the commitment of the institution of higher

education, other than by demonstrating the commitment of the

students, to supporting the community service projects carried

out under the program;

(B) specify the manner in which the institution will promote

faculty, administration, and staff participation in the

community service projects;

(C) 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;

(D) describe any partnership that will participate in the

community service projects, such as a partnership comprised of

-

(i) the institution;

(ii)(I) a community-based agency;

(II) a local government agency; or

(III) a nonprofit entity that serves or involves school-age

youth or older adults; and

(iii) a student organization;

(E) demonstrate community involvement in the development of

the proposal;

(F) specify that the institution will use such assistance to

strengthen the service infrastructure in institutions of higher

education; or

(G) with respect to projects involving delivery of service,

specify projects that involve leadership development of

school-age youth.

(2) Determination

In giving priority to applicants under paragraph (1), the

Corporation shall give increased priority to such an applicant

for each characteristic described in subparagraphs (A) through

(G) of paragraph (1) that is reflected in the application

submitted by the applicant.

(f) 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 of this subchapter, if the participant served in an

approved national service position.

(g) "Student" defined

Notwithstanding section 12511(29) of this title, as used in this

part, the term "student" means an individual who is enrolled in an

institution of higher education on a full- or part-time basis.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 119, as added Pub. L. 103-82, title

I, Sec. 103(b), Sept. 21, 1993, 107 Stat. 837.)

-REFTEXT-

REFERENCES IN TEXT

The Higher Education Act of 1965, referred to in subsec. (b)(5),

is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Part C

of title IV of the Act is classified generally to part C (Sec. 2751

et seq.) of subchapter I of chapter 34 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 1001 of Title 20, Education, and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12511 of this title.

-End-

-CITE-

42 USC Division C - National Service Trust Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division C - National Service Trust Program

-HEAD-

DIVISION C - NATIONAL SERVICE TRUST PROGRAM

-MISC1-

PRIOR PROVISIONS

This division is comprised of subtitle C, Secs. 121-141, of title

I of Pub. L. 101-610. A prior part C (Sec. 12541 et seq.),

comprised of subtitle C, Secs. 120-135, of title I of Pub. L.

101-610 was renumbered subtitle I, Secs. 199A-199O, of title I of

Pub. L. 101-610 by Pub. L. 103-82, title I, Sec. 101(a), Sept. 21,

1993, 107 Stat. 788, and transferred to division I of this

subchapter.

-SECREF-

DIVISION REFERRED TO IN OTHER SECTIONS

This division is referred to in sections 12511, 12521, 12601,

12604, 12638, 12639, 12651d, 12653, 12655, 12656, 12681 of this

title; title 10 section 510; title 16 sections 1726, 1727; title 20

section 7263; title 31 section 6703.

-End-

-CITE-

42 USC Part I - Investment in National Service 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division C - National Service Trust Program

Part I - Investment in National Service

-HEAD-

PART I - INVESTMENT IN NATIONAL SERVICE

-End-

-CITE-

42 USC Sec. 12571 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division C - National Service Trust Program

Part I - Investment in National Service

-HEAD-

Sec. 12571. Authority to provide assistance and approved national

service positions

-STATUTE-

(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, 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 section 12572(a) of this

title; and

(2) to make grants in support of other national service

programs described in section 12572(a) of this title that are

carried out by other entities.

(b) Agreements with Federal agencies

(1) Agreements authorized

The Corporation may enter into a contract or cooperative

agreement with another Federal agency to support a national

service program carried out by the agency. The support provided

by the Corporation pursuant to the contract or cooperative

agreement may include the transfer to the Federal agency of funds

available to the Corporation under this division.

(2) Matching funds requirements

A Federal agency receiving assistance under this subsection

shall not be required to satisfy the matching funds requirements

specified in subsection (e) of this section. However, the

supplementation requirements specified in section 12633 of this

title shall apply with respect to the Federal national service

programs supported with such assistance.

(3) Consultation with State Commissions

A Federal agency receiving assistance under this subsection

shall consult with the State Commissions for those States in

which projects will be conducted using such assistance 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 a contract or cooperative

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.

(c) Provision of approved national service positions

As part of the provision of assistance under subsections (a) and

(b) of this section, the Corporation shall -

(1) approve the provision of national service educational

awards described in division D of this subchapter for the

participants who serve in national service programs carried out

using such assistance; and

(2) deposit in the National Service Trust established in

section 12601(a) of this title an amount equal to the product of

-

(A) the value of a national service educational award under

section 12603 of this title; and

(B) the total number of approved national service positions

to be provided.

(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) or (b) of this section 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) or (b) of this

section 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 section 12594 of this title, the Federal

share of the cost of carrying out a national service program that

receives the assistance under subsection (a) of this section,

whether the assistance is provided directly or as a subgrant from

the original recipient of the assistance, may not exceed 75

percent of such cost.

(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 section 12594(d)(2) of this title toward such share.

(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.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 121, as added Pub. L. 103-82, title

I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 788.)

-MISC1-

PRIOR PROVISIONS

A prior section 12571, Pub. L. 101-610, title I, Sec. 141, Nov.

16, 1990, 104 Stat. 3150, related to general authority to make

grants for national and community service programs, prior to the

general amendment of subtitle D of title I of Pub. L. 101-610

[formerly part D of this subchapter] by Pub. L. 103-82, Sec.

102(a).

A prior section 121 of Pub. L. 101-610 was renumbered section

199A, and is classified to section 12655 of this title.

EFFECTIVE DATE

Division effective Oct. 1, 1993, see section 123 of Pub. L.

103-82, set out as an Effective Date of 1993 Amendment note under

section 1701 of Title 16, Conservation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12572, 12573, 12574,

12575, 12576, 12581, 12582, 12583, 12584, 12585, 12591, 12592,

12593, 12594, 12595, 12604, 12638, 12639, 12651d, 12651f, 12655l,

12656 of this title; title 16 section 1729.

-End-

-CITE-

42 USC Sec. 12572 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division C - National Service Trust Program

Part I - Investment in National Service

-HEAD-

Sec. 12572. Types of national service programs eligible for program

assistance

-STATUTE-

(a) Eligible national service programs

The recipient of a grant under section 12571(a) of this title and

each Federal agency receiving assistance under section 12571(b) of

this title shall use the assistance, directly or through subgrants

to other entities, to carry out full- or part-time national service

programs, including summer programs, that address unmet human,

educational, environmental, or public safety needs. Subject to

subsection (b)(1) of this section, these national service programs

may include the following types of national service programs:

(1) A community corps program that meets unmet 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.

(2) A full-time, year-round youth corps program or full-time

summer youth corps program, such as a conservation corps or youth

service corps (including youth corps programs under division I of

this subchapter, the Public Lands Corps established under the

Public Lands Corps Act of 1993 [16 U.S.C. 1721 et seq.], the

Urban Youth Corps established under section 12656 of this title,

and other conservation corps or youth service corps that performs

service on Federal or other public lands or on Indian lands or

Hawaiian home lands), that -

(A) undertakes meaningful service projects with visible

public benefits, including natural resource, urban renovation,

or human services projects;

(B) includes as participants youths and young adults between

the ages of 16 and 25, inclusive, including out-of-school

youths and other disadvantaged youths (such as youths with

limited basic skills, youths in foster care who are becoming

too old for foster care, youths of limited-English proficiency,

homeless youths, and youths who are individuals with

disabilities) who are between those ages; and

(C) provides those participants who are youths and young

adults with -

(i) crew-based, highly structured, and adult-supervised

work experience, life skills, education, career guidance and

counseling, employment training, and support services; and

(ii) the opportunity to develop citizenship values and

skills through service to their community and the United

States.

(3) A program that provides specialized training to individuals

in service-learning and places the individuals after such

training in positions, including positions as service-learning

coordinators, to facilitate service-learning in programs eligible

for funding under part I of division B of this subchapter.

(4) A service program that is targeted at specific unmet human,

educational, environmental, or public safety needs and that -

(A) 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

(B) 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.

(5) An individualized placement program that includes regular

group activities, such as leadership training and special service

projects.

(6) 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 -

(A) 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 (42 U.S.C. 2751 et seq.);

(B) teams composed of such students; or

(C) teams composed of a combination of such students and

community residents.

(7) A preprofessional training program in which students

enrolled in an institution of higher education -

(A) receive training in specified fields, which may include

classes containing service-learning;

(B) perform service related to such training outside the

classroom during the school term and during summer or other

vacation periods; and

(C) agree to provide service upon graduation to meet unmet

human, educational, environmental, or public safety needs

related to such training.

(8) A professional corps program that recruits and places

qualified participants in positions -

(A) as teachers, nurses and other health care providers,

police officers, early childhood development staff, engineers,

or other professionals providing service to meet educational,

human, environmental, or public safety needs in communities

with an inadequate number of such professionals;

(B) that may include a salary in excess of the maximum living

allowance authorized in subsection (a)(3) of section 12594 of

this title, as provided in subsection (c) of such section; and

(C) that are sponsored by public or private nonprofit

employers who agree to pay 100 percent of the salaries and

benefits (other than any national service educational award

under division D of this subchapter) of the participants.

(9) A program in which economically disadvantaged individuals

who are between the ages of 16 and 24 years of age, inclusive,

are provided with opportunities to perform service that, while

enabling such individuals to obtain the education and employment

skills necessary to achieve economic self-sufficiency, will help

their communities meet -

(A) the housing needs of low-income families and the

homeless; and

(B) the need for community facilities in low-income areas.

(10) A national service entrepreneur program that identifies,

recruits, and trains gifted young adults of all backgrounds and

assists them in designing solutions to community problems.

(11) An intergenerational program that combines students,

out-of-school youths, and older adults as participants to provide

needed community services, including an intergenerational

component for other national service programs described in this

subsection.

(12) A program that is administered by a combination of

nonprofit organizations located in a low-income area, provides a

broad range of services to residents of such area, is governed by

a board composed in significant part of low-income individuals,

and is intended to provide opportunities for individuals or teams

of individuals to engage in community projects in such area that

meet unaddressed community and individual needs, including

projects that would -

(A) meet the needs of low-income children and youth aged 18

and younger, such as providing after-school "safe-places",

including schools, with opportunities for learning and

recreation; or

(B) be directed to other important unaddressed needs in such

area.

(13) 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 and to combat

rural poverty, including health care, education, and job

training.

(14) A program that seeks to eliminate hunger in communities

and rural areas through service in projects -

(A) involving food banks, food pantries, and nonprofit

organizations that provide food during emergencies;

(B) involving the gleaning of prepared and unprepared food

that would otherwise be discarded as unusable so that the

usable portion of such food may be donated to food banks, food

pantries, and other nonprofit organizations;

(C) seeking to address the long-term causes of hunger through

education and the delivery of appropriate services; or

(D) providing training in basic health, nutrition, and life

skills necessary to alleviate hunger in communities and rural

areas.

(15) Such other national service programs addressing unmet

human, educational, environmental, or public safety needs as the

Corporation may designate.

(b) 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 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 section 12571(a) of this title that uses any portion of the

assistance to conduct a grant program to support other national

service programs.

(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, and

older adults as participants to provide services to address unmet

human, educational, environmental, or public safety needs.

(c) National service priorities

(1) Establishment

(A) By Corporation

In order to concentrate national efforts on meeting certain

unmet human, educational, environmental, or public safety needs

and to achieve the other purposes of this chapter, the

Corporation shall establish, and after reviewing the strategic

plan approved under section 12651b(g)(1) of this title,

periodically alter priorities as appropriate regarding the

types of national service programs to be assisted under

subsection (b) or (d) of section 12581 of this title and the

purposes for which such assistance may be used.

(B) By States

Consistent with paragraph (4), States shall establish, and

through the national service plan process described in section

12638(e)(1) of this title, periodically alter priorities as

appropriate regarding the national service programs to be

assisted under section 12581(a)(1) of this title. The State

priorities shall be subject to Corporation review as part of

the application process under section 12582 of this title.

(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 section 12585(d)(2) of this

title as eligible for priority consideration in the next

competitive distribution of assistance under section 12571(a)

of this title.

(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 section 12571(a) of this title that uses any portion

of the assistance to conduct a grant program to support other

national service programs.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 122, as added Pub. L. 103-82, title

I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 790.)

-REFTEXT-

REFERENCES IN TEXT

The Public Lands Corps Act of 1993, referred to in subsec.

(a)(2), is title II of Pub. L. 91-378, as added Pub. L. 103-82,

title I, Sec. 105(6), Sept. 21, 1993, 107 Stat. 848, which is

classified generally to subchapter II (Sec. 1721 et seq.) of

chapter 37 of Title 16, Conservation. For complete classification

of this Act to the Code, see Short Title note set out under section

1701 of Title 16 and Tables.

The Higher Education Act of 1965, referred to in subsec.

(a)(6)(A), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as

amended. Part C of title IV of the Act is classified generally to

part C (Sec. 2751 et seq.) of subchapter I of chapter 34 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1001 of Title 20, Education,

and Tables.

This chapter, referred to in subsec. (c)(1), was in the original

"this Act", meaning Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127,

as amended, which is classified principally to this chapter. For

complete classification of this Act to the Code, see Short Title

note set out under section 12501 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 12572, Pub. L. 101-610, title I, Sec. 142, Nov.

16, 1990, 104 Stat. 3150, related to criteria and requirements for

awarding grants for national and community service programs, prior

to the general amendment of subtitle D of title I of Pub. L.

101-610 [former part D of this subchapter] by Pub. L. 103-82, Sec.

102(a).

A prior section 122 of Pub. L. 101-610 was renumbered section

199B, and is classified to section 12655a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12511, 12571, 12573,

12576, 12582, 12585, 12591, 12594, 12602, 12638, 12651d of this

title.

-End-

-CITE-

42 USC Sec. 12573 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division C - National Service Trust Program

Part I - Investment in National Service

-HEAD-

Sec. 12573. Types of national service positions eligible for

approval for national service educational awards

-STATUTE-

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 of

this subchapter 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 section 12572(a) of this title that receives

assistance under subsection (a) or (b) of section 12571 of this

title.

(2) A position for a participant in a program that -

(A) is carried out by a State, a subdivision of a State, an

Indian tribe, a public or private nonprofit organization, an

institution of higher education, or a Federal agency; and

(B) would be eligible to receive assistance under section

12571(a) of this title, based on criteria established by the

Corporation, but has not applied for such assistance.

(3) A position involving service as a VISTA volunteer under

title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C.

4951 et seq.).

(4) A position facilitating service-learning in a program

described in section 12572(a)(3) of this title that is eligible

for assistance under part I of division B of this subchapter.

(5) A position for a participant in the Civilian Community

Corps under division E of this subchapter.

(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) Such other national service positions as the Corporation

considers to be appropriate.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 123, as added Pub. L. 103-82, title

I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 794.)

-REFTEXT-

REFERENCES IN TEXT

The Domestic Volunteer Service Act of 1973, referred to in par.

(3), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394, as amended.

Title I of the Act is classified generally to subchapter I (Sec.

4951 et seq.) of chapter 66 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 4950 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 12573, Pub. L. 101-610, title I, Sec. 143, Nov.

16, 1990, 104 Stat. 3152, related to types of national service,

prior to the general amendment of subtitle D of title I of Pub. L.

101-610 [former part D of this subchapter] by Pub. L. 103-82, Sec.

102(a).

A prior section 123 of Pub. L. 101-610 was renumbered section

199C, and is classified to section 12655b of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12582, 12585 of this

title.

-End-

-CITE-

42 USC Sec. 12574 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division C - National Service Trust Program

Part I - Investment in National Service

-HEAD-

Sec. 12574. Types of program assistance

-STATUTE-

(a) Planning assistance

The Corporation may provide assistance under section 12571 of

this title to a qualified applicant that submits an application

under section 12582 of this title for the planning of a national

service program. Assistance provided in accordance with this

subsection may cover a period of not more than 1 year.

(b) Operational assistance

The Corporation may provide assistance under section 12571 of

this title to a qualified applicant that submits an application

under section 12582 of this title for the establishment, operation,

or expansion of a national service program. Assistance provided in

accordance with this subsection may cover a period of not more than

3 years, but may be renewed by the Corporation upon consideration

of a new application under section 12582 of this title.

(c) Replication assistance

The Corporation may provide assistance under section 12571 of

this title to a qualified applicant that submits an application

under section 12582 of this title for the expansion of a proven

national service program to another geographical location.

Assistance provided in accordance with this subsection may cover a

period of not more than 3 years, but may be renewed by the

Corporation upon consideration of a new application under section

12582 of this title.

(d) Application to subgrants

The requirements of this section shall apply to any State or

other applicant receiving assistance under section 12571 of this

title that proposes to conduct a grant program using the assistance

to support other national service programs.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 124, as added Pub. L. 103-82, title

I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 794.)

-MISC1-

PRIOR PROVISIONS

A prior section 12574, Pub. L. 101-610, title I, Sec. 144, Nov.

16, 1990, 104 Stat. 3152, related to terms of service for national

and community service, prior to the general amendment of subtitle D

of title I of Pub. L. 101-610 [former part D of this subchapter] by

Pub. L. 103-82, Sec. 102(a).

A prior section 124 of Pub. L. 101-610 was renumbered section

199D, and is classified to section 12655c of this title.

-End-

-CITE-

42 USC Sec. 12575 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division C - National Service Trust Program

Part I - Investment in National Service

-HEAD-

Sec. 12575. Training and technical assistance

-STATUTE-

(a) Training programs

The Corporation may conduct, directly or by grant or contract,

appropriate training programs regarding national service in order

to -

(1) improve the ability of national service programs assisted

under section 12571 of this title to meet human, educational,

environmental, or public safety needs in communities -

(A) where services are needed most; and

(B) where programs do not exist, or are too limited to meet

community needs, as of the date on which the Corporation makes

the grant or enters into the contract;

(2) promote leadership development in such programs;

(3) improve the instructional and programmatic quality of such

programs to build an ethic of civic responsibility;

(4) develop the management and budgetary skills of program

operators;

(5) provide for or improve the training provided to the

participants in such programs; and

(6) encourage national service programs to adhere to risk

management procedures, including the training of participants in

appropriate risk management practices.

(b) Technical assistance

To the extent appropriate and necessary, the Corporation shall

make technical assistance available to States, Indian tribes, labor

organizations, organizations operated by young adults,

organizations serving economically disadvantaged individuals, and

other entities described in section 12571 of this title that desire

-

(1) to develop national service programs; or

(2) to apply for assistance under such section or under a grant

program conducted using assistance provided under such section.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 125, as added Pub. L. 103-82, title

I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 795.)

-MISC1-

PRIOR PROVISIONS

A prior section 12575, Pub. L. 101-610, title I, Sec. 145, Nov.

16, 1990, 104 Stat. 3153; Pub. L. 102-10, Sec. 6(a), Mar. 12, 1991,

105 Stat. 31, related to eligibility for part-time, full-time, and

special senior service in national and community service program,

prior to the general amendment of subtitle D of title I of Pub. L.

101-610 [former part D of this subchapter] by Pub. L. 103-82, Sec.

102(a).

A prior section 125 of Pub. L. 101-610 was renumbered section

199E, and is classified to section 12655d of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12581, 12681 of this

title.

-End-

-CITE-

42 USC Sec. 12576 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division C - National Service Trust Program

Part I - Investment in National Service

-HEAD-

Sec. 12576. Other special assistance

-STATUTE-

(a) Support for State Commissions

(1) Grants authorized

From amounts appropriated for a fiscal year pursuant to the

authorization of appropriation in section 12681(a)(4) of this

title, the Corporation may make a grant in an amount between

$125,000 and $750,000 to a State to assist the State to establish

or operate the State Commission on National and Community Service

required to be established by the State under section 12638 of

this title.

(2) Limitation on amount of grants

Notwithstanding the amounts specified in paragraph (1), the

amount of a grant that may be provided to a State Commission

under this subsection, together with other Federal funds

available to establish or operate the State Commission, may not

exceed -

(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.

(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 (42 U.S.C. 4951 et seq.), to involve in

disaster relief efforts youth corps programs described in section

12572(a)(2) of this title and other programs that receive

assistance under the national service laws.

(c) Challenge grants for national service programs

(1) Assistance authorized

The Corporation may make challenge grants under this subsection

to national service programs that receive assistance under

section 12571 of this title.

(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 not more

than $1 of assistance under this subsection for each $1 in cash

raised by the national service program from private sources in

excess of amounts required to be provided by the program to

satisfy matching funds requirements under section 12571(e) of

this title. The Corporation shall establish a ceiling on the

amount of assistance that may be provided to a national service

program under this subsection.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 126, as added Pub. L. 103-82, title

I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 795.)

-REFTEXT-

REFERENCES IN TEXT

The Domestic Volunteer Service Act of 1973, referred to in

subsec. (b), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394, as

amended. Part A of title I of the Act is classified generally to

part A (Sec. 4951 et seq.) of subchapter I of chapter 66 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 4950 of this title and

Tables.

-MISC1-

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 Pub. L. 101-610 [former part D of this

subchapter] by Pub. L. 103-82, Sec. 102(a).

Section 12576, Pub. L. 101-610, title I, Sec. 146, Nov. 16, 1990,

104 Stat. 3153; Pub. L. 102-10, Sec. 6(b), Mar. 12, 1991, 105 Stat.

31; Pub. L. 102-325, title XV, Sec. 1557, July 23, 1992, 106 Stat.

841, related to post-service benefits.

A prior section 126 of Pub. L. 101-610 was renumbered section

199F and is classified to section 12655e of this title.

Section 12577, Pub. L. 101-610, title I, Sec. 147, Nov. 16, 1990,

104 Stat. 3154, related to living allowances for participants.

Section 12578, Pub. L. 101-610, title I, Sec. 148, Nov. 16, 1990,

104 Stat. 3155, related to training of participants.

Section 12579, Pub. L. 101-610, title I, Sec. 149, Nov. 16, 1990,

104 Stat. 3156, related to cooperation between public and private

entities.

Section 12580, Pub. L. 101-610, title I, Sec. 150, Nov. 16, 1990,

104 Stat. 3156, related to in-service education benefits.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12581, 12681 of this

title.

-End-

-CITE-

42 USC Part II - Application and Approval Process 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division C - National Service Trust Program

Part II - Application and Approval Process

-HEAD-

PART II - APPLICATION AND APPROVAL PROCESS

-End-

-CITE-

42 USC Sec. 12581 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division C - National Service Trust Program

Part II - Application and Approval Process

-HEAD-

Sec. 12581. Provision of assistance and approved national service

positions by competitive and other means

-STATUTE-

(a) Allotments of assistance and approved positions to States and

Indian tribes

(1) 33 1/3 percent allotment of assistance to certain States

Of the funds allocated by the Corporation for provision of

assistance under subsections (a) and (b) of section 12571 of this

title for a fiscal year, the Corporation shall make a grant under

section 12571(a) of this title (and a corresponding allotment of

approved national service positions) to each of the several

States, the District of Columbia, and the Commonwealth of Puerto

Rico that has an application approved by the Corporation under

section 12585 of this title. The amount allotted as a grant to

each such State under this paragraph for a fiscal year shall be

equal to the amount that bears the same ratio to 33 1/3 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.

(2) One percent allotment for certain territories and possessions

Of the funds allocated by the Corporation for provision of

assistance under subsections (a) and (b) of section 12571 of this

title for a fiscal year, the Corporation shall reserve 1 percent

of the allocated funds for grants under section 12571(a) of this

title to the United States Virgin Islands, Guam, American Samoa,

and the Commonwealth of the Northern Mariana Islands upon

approval of an application by the Corporation under section 12585

of this title. Palau shall also be eligible for a grant under

this paragraph from the allotment until such time as the Compact

of Free Association with Palau is ratified. The amount allotted

as a grant to each such territory or possession under this

paragraph for a fiscal year shall be equal to the amount that

bears the same ratio to 1 percent of the allocated funds for that

fiscal year as the population of the territory or possession

bears to the total population of such territories and

possessions.

(3) One percent allotment for Indian tribes

Of the funds allocated by the Corporation for provision of

assistance under subsections (a) and (b) of section 12571 of this

title for a fiscal year, the Corporation shall reserve 1 percent

of the allocated funds for grants under section 12571(a) of this

title to Indian tribes, to be allotted by the Corporation on a

competitive basis in accordance with their respective needs.

(4) Effect of failure to apply

If a State or Indian tribe fails to apply for, or fails to give

notice to the Corporation of its intent to apply for, an

allotment under this subsection, the Corporation shall use the

amount that would have been allotted under this subsection to the

State or Indian tribe -

(A) to make grants (and provide approved national service

positions in connection with such grants) to other eligible

entities under section 12571 of this title that propose to

carry out national service programs in the State or on behalf

of the Indian tribe; and

(B) after making grants under subparagraph (A), to make a

reallotment to other States and Indian tribes with approved

applications under section 12582 of this title.

(b) 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 (42 U.S.C. 4951 et seq.)

or as a participant in the Civilian Community Corps Demonstration

Program under division E of this subchapter shall receive the

national service educational award described in division D of this

subchapter if the individual satisfies the eligibility requirements

for the award. Funds for approved national service positions

required by this paragraph for a fiscal year shall be deducted from

the total funding for approved national service positions to be

available for distribution under subsections (a) and (d) of this

section for that fiscal year.

(c) Reservation for special assistance

From amounts appropriated for a fiscal year pursuant to the

authorization of appropriation in section 12681(a)(2) of this

title, and subject to the limitation in such section, the

Corporation may reserve such amount as the Corporation considers to

be appropriate for the purpose of making assistance available under

sections 12575 and 12576 of this title. The Corporation may not

reserve more than $10,000,000 for a fiscal year for disaster

service under subsection (b) of section 12576 of this title or

challenge grants under subsection (c) of such section.

(d) Competitive distribution of remaining funds

(1) State competition

Of the funds allocated by the Corporation for provision of

assistance under subsections (a) and (b) of section 12571 of this

title for a fiscal year, the Corporation shall use not less than

33 1/3 percent of the allocated funds to make grants to States

on a competitive basis under section 12571(a) of this title.

(2) Federal agencies and other applicants

The Corporation shall distribute on a competitive basis to

subdivisions of States, Indian tribes, public or private

nonprofit organizations (including labor organizations),

institutions of higher education, and Federal agencies the

remainder of the funds allocated by the Corporation for provision

of assistance under section 12571 of this title for a fiscal

year, after operation of paragraph (1) and subsections (a) and

(c) of this section.

(3) Limitation on distribution to Federal agencies

The Corporation may not provide more than 1/3 of the funds

available for competitive distribution under paragraph (2) for a

fiscal year to Federal agencies under section 12571(b) of this

title.

(4) Priority limitations

The Corporation may limit the categories of eligible applicants

for assistance under paragraph (2) consistent with the priorities

established by the Corporation under section 12585(d)(2) of this

title.

(5) Reservation of funds for supplemental and outreach grants

(A) Reservation

From amounts appropriated for a fiscal year pursuant to the

authorization of appropriation in section 12681(a)(2) of this

title, and subject to the limitation in such section, the Chief

Executive Officer shall reserve an amount that is not less than

1 percent of such amounts (except that the amount reserved may

not exceed $5,000,000), in order to make supplemental grants as

provided in subparagraph (B) and outreach grants as provided in

subparagraph (C). The amount reserved pursuant to this

paragraph shall be available until expended.

(B) Grants to assist entities in placing applicants who are

individuals with a disability

(i) In general

The Chief Executive Officer shall make grants from a

portion of the funds reserved under subparagraph (A) to

entities that -

(I) receive a grant to carry out a national service

program under paragraph (1) or (2);

(II) demonstrate that the entity has received a

substantial number of applications for placement in the

national service program of persons who are individuals

with a disability and who require a reasonable

accommodation (as defined in section 12111(9) of this

title), or auxiliary aids and services (as defined in

section 12102(1) of this title), in order to perform

national service; and

(III) demonstrate that additional funding would assist

the national service program in placing a substantial

number of such individuals with a disability as

participants in projects carried out through the program.

(ii) Requirements

Funds made available through such a supplemental grant

under clause (i) shall be made available for the same

purposes, and subject to the same requirements, as funds made

available through a grant made under paragraph (1) or (2).

(C) Grants for outreach to individuals with a disability

(i) In general

From the portion of the funds reserved under subparagraph

(A) that is not used to make grants under subparagraph (B),

the Chief Executive Officer shall make grants to public or

private nonprofit organizations to pay for the Federal share

described in section 12571(e) of this title of -

(I) providing information about the programs specified in

section 12651d(d)(10) (!1) of this title to such

individuals with a disability who desire to perform

national service; and

(II) enabling the individuals to participate in

activities carried out through such programs, which may

include assisting the placement of the individuals in

approved national service positions.

(ii) Application

To be eligible to receive a grant under this subparagraph,

an organization described in clause (i) shall submit an

application to the Chief Executive Officer at such time, in

such manner, and containing such information as the Chief

Executive Officer may require.

(e) Application required

The allotment of assistance and approved national service

positions to a State or Indian tribe under subsection (a) of this

section, and the competitive distribution of assistance under

subsection (d) of this section, shall be made by the Corporation

only pursuant to an application submitted by a State or other

applicant under section 12582 of this title and approved by the

Corporation under section 12585 of this title.

(f) 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 of this subchapter

based on completed service. If appropriations are insufficient to

provide the maximum allowable national service educational awards

under division D of this subchapter for all eligible participants,

the Corporation is authorized to make necessary and reasonable

adjustments to program rules.

(g) 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 these approved national service positions

shall be made pursuant to the agreement, and the creation of

these 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) and

any other funds contributed to the Corporation to support the

activities of the Corporation under the national service laws

shall be deposited in the National Service Trust established in

section 12601 of this title until such time as the funds are

needed.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 129, as added Pub. L. 103-82, title

I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 796.)

-REFTEXT-

REFERENCES IN TEXT

For ratification of Compact of Free Association with Palau,

referred to in subsec. (a)(2), see Proc. No. 6726, Sept. 27, 1994,

59 F.R. 49777, set out as a note under section 1931 of Title 48,

Territories and Insular Possessions.

The Domestic Volunteer Service Act of 1973, referred to in

subsec. (b), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394, as

amended. Title I of the Act is classified generally to subchapter I

(Sec. 4951 et seq.) of chapter 66 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 4950 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 129 of Pub. L. 101-610 was renumbered section

199H and is classified to section 12655h of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12572, 12585 of this

title.

-FOOTNOTE-

(!1) So in original. Section 12651d(d) of this title does not

contain a par. (10).

-End-

-CITE-

42 USC Sec. 12582 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division C - National Service Trust Program

Part II - Application and Approval Process

-HEAD-

Sec. 12582. Application for assistance and approved national

service positions

-STATUTE-

(a) Time, manner, and content of application

To be eligible to receive assistance under section 12571 of this

title or approved national service positions for participants who

serve in the national service programs to be carried out using the

assistance, a State, subdivision of a State, Indian tribe, public

or private nonprofit organization, institution of higher education,

or Federal agency shall prepare and submit to the Corporation an

application at such time, in such manner, and containing such

information as the Corporation may reasonably require.

(b) Types of permissible application information

In order to have adequate information upon which to consider an

application under section 12585 of this title, the Corporation may

require the following information to be provided in an application

submitted under subsection (a) of this section:

(1) A description of the national service programs proposed to

be carried out directly by the applicant using assistance

provided under section 12571 of this title.

(2) A description of the national service programs that are

selected by the applicant to receive a grant using assistance

requested under section 12571 of this title and a description of

the process and criteria by which the programs were selected.

(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 section 12572(c) of this title.

(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 of this subchapter 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, 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) of this section

shall contain the following information:

(1) A description of the jobs or positions into which

participants will be placed using the assistance provided under

section 12571 of this title, including descriptions of specific

tasks to be performed by such participants.

(2) A description of the minimum qualifications that

individuals shall meet to become participants in such programs.

(d) 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 subsection

(a) or (b) of section 12571 of this title, but requests

national service educational awards for individuals serving in

service positions described in section 12573 of this title; or

(B) the applicant requests national service educational

awards for service positions described in section 12573 of this

title, but the positions are not positions in a national

service program described in section 12572(a) of this title for

which assistance may be provided under subsection (a) or (b) of

section 12571 of this title.

(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.

(e) 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 section 12571(a) of this title

shall be submitted by the State Commission.

(2) Competitive selection

The application of a State shall contain an assurance that all

assistance provided under section 12571(a) of this title to the

State will be used to support national service programs that were

selected by the State on a competitive basis. In making such

competitive selections, the State shall seek to ensure the

equitable allocation within the State of assistance and approved

national service positions provided under this division to the

State taking into consideration such factors as the location of

the programs applying to the State, population density, and

economic distress.

(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.

(f) Special rule for certain applicants

(1) Written concurrence

In the case of a program 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) "Program applicant" defined

For purposes of this subsection, the term "program applicant"

means -

(A) a State, subdivision of a State, Indian tribe, public or

private nonprofit organization, institution of higher

education, or Federal agency 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, Indian

tribe, public or private nonprofit organization, institution of

higher education, or Federal agency under section 12571 of this

title.

(g) Limitation on same project in multiple applications

The Corporation shall reject an application submitted under this

section if a project proposed to be conducted using assistance

requested by the applicant is already described in another

application pending before the Corporation.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 130, as added Pub. L. 103-82, title

I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 800.)

-MISC1-

PRIOR PROVISIONS

A prior section 130 of Pub. L. 101-610 was renumbered section

199I and is classified to section 12655i of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12572, 12574, 12581,

12583, 12584, 12585, 12638 of this title.

-End-

-CITE-

42 USC Sec. 12583 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division C - National Service Trust Program

Part II - Application and Approval Process

-HEAD-

Sec. 12583. National service program assistance requirements

-STATUTE-

(a) Impact on communities

An application submitted under section 12582 of this title shall

include an assurance by the applicant that any national service

program carried out by the applicant using assistance provided

under section 12571 of this title and any national service program

supported by a grant made by the applicant using such assistance

will -

(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 section 12637 of this title and the grievance

procedure requirements of section 12636(f) of this title.

(b) Impact on participants

An application submitted under section 12582 of this title shall

also include an assurance by the applicant that any national

service program carried out by the applicant using assistance

provided under section 12571 of this title and any national service

program supported by a grant made by the applicant using such

assistance will -

(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 section 12582 of this title shall

also include an assurance by the applicant that any national

service program carried out by the applicant using assistance

provided under section 12571 of this title and any national service

program supported by a grant made by the applicant using such

assistance will -

(1) provide in the design, recruitment, and operation of the

program for broad-based input from -

(A) the community served 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

section 12637 of this title; and

(3) in the case of a program that is not funded through a

State, consult with and coordinate activities with the State

Commission for the State in which the program operates.

(d) Evaluation and performance goals

(1) In general

An application submitted under section 12582 of this title

shall also include an assurance by the applicant that the

applicant will -

(A) arrange for an independent evaluation of any national

service program carried out using assistance provided to the

applicant under section 12571 of this title or, with the

approval of the Corporation, conduct an internal evaluation of

the program;

(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 section 12571 of this title.

(3) Alternative evaluation requirements

The Corporation may establish alternative evaluation

requirements for national service programs based upon the amount

of assistance received under section 12571 of this title or

received by a grant made by a recipient of assistance under such

section. The determination of whether a national service program

is covered by this paragraph shall be made in such manner as the

Corporation may prescribe.

(e) Living allowances and other inservice benefits

Except as provided in section 12594(c) of this title, an

application submitted under section 12582 of this title shall also

include an assurance by the applicant that the applicant will -

(1) ensure the provision of a living allowance and other

benefits specified in section 12594 of this title to participants

in any national service program carried out by the applicant

using assistance provided under section 12571 of this title; and

(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 section 12594

of this title to participants in the program.

(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 section 12571 of this title and any

national service program supported by a grant made by the applicant

using such assistance will select a portion of the participants for

the program from among prospective participants recruited by the

Corporation or State Commissions under section 12592(d) of this

title. The Corporation may specify a minimum percentage of

participants to be selected from the national leadership pool

established under section 12592(e) of this title and may vary the

percentage for different types of national service programs.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 131, as added Pub. L. 103-82, title

I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 803.)

-MISC1-

PRIOR PROVISIONS

A prior section 131 of Pub. L. 101-610 was renumbered section

199J and is classified to section 12655j of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12592 of this title.

-End-

-CITE-

42 USC Sec. 12584 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division C - National Service Trust Program

Part II - Application and Approval Process

-HEAD-

Sec. 12584. Ineligible service categories

-STATUTE-

(a) In general

Except as provided in subsection (b) of this section, an

application submitted to the Corporation under section 12582 of

this title shall include an assurance by the applicant that any

national service program carried out using assistance provided

under section 12571 of this title and any approved national service

position provided to an applicant will not be used to perform

service that provides a direct benefit to any -

(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

section 12571 of this title or participants -

(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 section 501(c) of title 26, except that

nothing in this section shall be construed to prevent

participants from engaging in advocacy activities undertaken at

their own initiative.

(b) Regional Corporation

The requirement of subsection (a) of this section 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

(43 U.S.C. 1602(g)), that is established in accordance with such

Act [43 U.S.C. 1601 et seq.] as a for-profit corporation but that

is engaging in nonprofit activities.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 132, as added Pub. L. 103-82, title

I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 805.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in subsec.

(b), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,

which is classified generally to chapter 33 (Sec. 1601 et seq.) of

Title 43, Public Lands. For complete classification of this Act to

the Code, see Short Title note set out under section 1601 of Title

43 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 132 of Pub. L. 101-610 was renumbered section

199L and classified to section 12655k of this title, prior to

repeal by Pub. L. 103-82, Sec. 101(e)(8)(A).

-End-

-CITE-

42 USC Sec. 12585 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division C - National Service Trust Program

Part II - Application and Approval Process

-HEAD-

Sec. 12585. Consideration of applications

-STATUTE-

(a) Corporation consideration of certain criteria

The Corporation shall apply the criteria described in subsections

(c) and (d) of this section in determining whether -

(1) to approve an application submitted under section 12582 of

this title and provide assistance under section 12571 of this

title to the applicant; and

(2) to approve service positions described in the application

as national service positions that include the national service

educational award described in division D of this subchapter 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

section 12571(a) of this title to support national service

programs selected on a competitive basis to receive a share of

the assistance shall use the criteria described in subsections

(c) and (d) of this section when considering an application

submitted by a national service program to receive a portion of

such assistance or an approved national service position.

(2) Contents

The application of the State or other entity under section

12582 of this title shall contain -

(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 jobs or 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 section 12582 of this title are as follows:

(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

section 12582 of this title of the State in which the projects

would be conducted.

(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 section 12571 of this title are geographically

diverse and include projects to be conducted in those urban and

rural areas in a State with the highest rates of poverty.

(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 section

12572(a) of this title for priority consideration in the

competitive distribution of funds under section 12581(d)(2) of

this title. In designating national service programs to receive

priority, the Corporation may include -

(A) national service programs carried out by another Federal

agency;

(B) national service programs that conform to the national

service priorities in effect under section 12572(c) of this

title;

(C) innovative national service programs;

(D) national service programs that are well established in

one or more States at the time of the application and are

proposed to be expanded to additional States using assistance

provided under section 12571 of this title;

(E) grant programs in support of other national service

programs if the grant programs are to be conducted by nonprofit

organizations with a demonstrated and extensive expertise in

the provision of services to meet human, educational,

environmental, or public safety needs;

(F) professional corps programs described in section

12572(a)(8) of this title; and

(G) programs that -

(i) received funding under part D of this subchapter, as in

effect on the day before September 21, 1993;

(ii) the Corporation determines to meet the requirements of

sections 12572 (other than subsection (g)), 12573, and 12578

through 12580 of this title, as in effect on such day, in

addition to the requirements of this division; and

(iii) include an evaluation component.

(3) Additional priority

In making a competitive distribution of funds under section

12581(d)(2) of this title, the Corporation may give priority

consideration to a national service program that is -

(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 section 12582

of this title for more than $250,000 in assistance, or for

national service positions that would require more than

$250,000 in national service educational awards; and

(B) consider the opinions of such panels prior to making such

determinations.

(e) Emphasis on areas most in need

In making assistance available under section 12571 of this title

and in providing approved national service positions under section

12573 of this title, the Corporation shall ensure that not less

than 50 percent of the total amount of assistance to be distributed

to States under subsections (a) and (d)(1) of section 12581 of this

title for a fiscal year is provided to carry out or support

national service programs and projects that -

(1) are conducted in any of the areas described in subsection

(c)(6) of this section 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) Rejection of State applications

(1) Notification of State applicants

If the Corporation rejects an application submitted by a State

Commission under section 12582 of this title for funds described

in section 12581(a)(1) of this title, the Corporation shall

promptly notify the State Commission of the reasons for the

rejection of the application.

(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 section 12581(a) of

this title for a fiscal year that the Corporation determines will

not be provided for that fiscal year shall be available for

distribution by the Corporation as provided in paragraph (3) of

such subsection.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 133, as added Pub. L. 103-82, title

I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 805.)

-REFTEXT-

REFERENCES IN TEXT

Part D of this subchapter and sections 12572, 12573, and 12578

through 12580 of this title, as in effect on the day before

September 21, 1993, referred to in subsec. (d)(2)(G), mean former

part D of this subchapter and former sections 12572, 12573, and

12578 to 12580 of this title prior to the general amendment of

subtitle D of title I of Pub. L. 101-610 [former part D of this

subchapter] by Pub. L. 103-82, title I, Sec. 102(a), Sept. 21,

1993, 107 Stat. 816.

-MISC1-

PRIOR PROVISIONS

A prior section 133 of Pub. L. 101-610 was renumbered section

199K and is classified to section 12655l of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12545, 12572, 12581,

12582, 12639, 12651d of this title.

-End-

-CITE-

42 USC Part III - National Service Participants 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division C - National Service Trust Program

Part III - National Service Participants

-HEAD-

PART III - NATIONAL SERVICE PARTICIPANTS

-End-

-CITE-

42 USC Sec. 12591 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division C - National Service Trust Program

Part III - National Service Participants

-HEAD-

Sec. 12591. Description of participants

-STATUTE-

(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 section 12571 of this title if the

individual -

(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) will serve in the program for a term of service specified

in section 12593 of this title to be performed before, during, or

after attendance at an institution of higher education;

(4) is 17 years of age or older at the time the individual

begins the term of service;

(5) 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 section 1091 of title 20; and

(6) 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 section 12572(a)(2) of this title or a

program described in section 12572(a)(9) of this title that is

carried out with assistance provided under section 12571(a) of this

title if the individual -

(1) satisfies the requirements specified in subsection (a) of

this section, except paragraph (4) 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)(5)

of this section 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.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 137, as added Pub. L. 103-82, title

I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 808; amended Pub. L.

103-304, Sec. 3(b)(3), Aug. 23, 1994, 108 Stat. 1567.)

-MISC1-

PRIOR PROVISIONS

A prior section 12591, Pub. L. 101-610, title I, Sec. 155, Nov.

16, 1990, 104 Stat. 3156, related to limitation on grants for

innovative and demonstration programs and projects, prior to repeal

by Pub. L. 103-82, Sec. 104(a).

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-304 substituted "subsection

(a)(5)" for "subsection (a)(5)(A)".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12602 of this title; title

16 section 1723.

-End-

-CITE-

42 USC Sec. 12592 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division C - National Service Trust Program

Part III - National Service Participants

-HEAD-

Sec. 12592. Selection of national service participants

-STATUTE-

(a) Selection process

Subject to subsections (b) and (c) of this section and section

12583(f) of this title, the actual recruitment and selection of an

individual to serve in a national service program receiving

assistance under section 12571 of this title or to fill an approved

national service position shall be conducted by the State,

subdivision of a State, Indian tribe, public or private nonprofit

organization, institution of higher education, Federal agency, or

other entity to which the assistance and approved national service

positions are provided.

(b) Nondiscrimination and nonpolitical selection of participants

The recruitment and selection of individuals to serve in national

service programs receiving assistance under section 12571 of this

title or to fill approved national service positions shall be

consistent with the requirements of section 12635 of this title.

(c) Second term

Acceptance into a national service program to serve a second term

of service under section 12593 of this title shall only be

available to individuals who perform satisfactorily in their first

term of service.

(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 (42 U.S.C. 4951 et seq. [and 5000 et seq.]). The

Corporation and State Commissions shall disseminate information

regarding available approved national service positions through

cooperation with secondary schools, institutions of higher

education, employment service offices, State vocational

rehabilitation agencies within the meaning of the Rehabilitation

Act of 1973 (29 U.S.C. 701 et seq.) and other State agencies that

primarily serve individuals with disabilities, and other

appropriate entities, particularly those organizations that provide

outreach to disadvantaged youths and youths who are individuals

with disabilities.

(e) National leadership pool

(1) Selection and training

From among individuals recruited under subsection (d) of this

section, 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 section 12571 of this title;

(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.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 138, as added Pub. L. 103-82, title

I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 809.)

-REFTEXT-

REFERENCES IN TEXT

The Domestic Volunteer Service Act of 1973, referred to in

subsec. (d), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394, as

amended. Titles I and II of the Act are classified generally to

subchapters I (Sec. 4951 et seq.) and II (Sec. 5000 et seq.),

respectively, of chapter 66 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 4950 of this title and Tables.

The Rehabilitation Act of 1973, referred to in subsec. (d), is

Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is

classified generally to chapter 16 (Sec. 701 et seq.) of Title 29,

Labor. For complete classification of this Act to the Code, see

Short Title note set out under section 701 of Title 29 and Tables.

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 Pub. L. 101-610 [former part D of this

subchapter] by Pub. L. 103-82, title I, Sec. 102(a), Sept. 21,

1993, 107 Stat. 816.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12583 of this title.

-End-

-CITE-

42 USC Sec. 12593 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division C - National Service Trust Program

Part III - National Service Participants

-HEAD-

Sec. 12593. Terms of service

-STATUTE-

(a) In general

As a condition of receiving a national service education award

under division D of this subchapter, 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) of this section.

(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 less than 9 months and 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 -

(A) not more than 2 years; or

(B) not more than 3 years if the individual is enrolled in an

institute (!1) of higher education while preforming (!2) all or

a portion of the service.

(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 of this subchapter with

regard to that service.

(c) Release from completing term of service

(1) Release authorized

A recipient of assistance under section 12571 of this title or

a program sponsoring an approved national service position may

release a participant from completing a term of service in the

position -

(A) for compelling personal circumstances as demonstrated by

the participant; 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 section 12571 of this title or a program

sponsoring an approved national service position may elect -

(A) to grant such release and provide to the participant that

portion of the national service educational award corresponding

to the portion of the term of service actually completed, as

provided in section 12603(c) of this title; or

(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 allow return to the program with which the

individual was serving in order 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.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 139, as added Pub. L. 103-82, title

I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 810.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12591, 12592, 12594,

12602, 12603, 12631, 12656 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "institution".

(!2) So in original. Probably should be "performing".

-End-

-CITE-

42 USC Sec. 12594 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division C - National Service Trust Program

Part III - National Service Participants

-HEAD-

Sec. 12594. Living allowances for national service participants

-STATUTE-

(a) Provision of living allowance

(1) Living allowance required

Subject to paragraph (3), a national service program carried

out using assistance provided under section 12571 of this title

shall provide to each participant who participates on a full-time

basis in the program a living allowance in an amount equal to or

greater than the average annual subsistence allowance provided to

VISTA volunteers under section 4955 of this title.

(2) Limitation on Federal share

The amount of the annual living allowance provided under

paragraph (1) that may be paid using assistance provided under

section 12571 of this title and using any other Federal funds

shall not exceed 85 percent of the total average annual (!1)

provided to VISTA volunteers under section 4955 of this title.

(3) Maximum living allowance

Except as provided in subsection (c) of this section, 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 section 4955 of this title.

(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 reduced term of service under section 12593(b)(3) of

this title.

(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 section 12571 of this title is subject, with respect to the

participants in the program, to the taxes imposed on an employer

under sections 3111 and 3301 of title 26 and taxes imposed on an

employer under a workmen's compensation act, the assistance

provided to the program under section 12571 of this title shall

include an amount sufficient to cover 85 percent of such taxes

based upon the lesser of -

(1) the total average annual subsistence allowance provided to

VISTA volunteers under section 4955 of this title; and

(2) the annual living allowance established by the program.

(c) Exception from maximum living allowance for certain assistance

A professional corps program described in section 12572(a)(8) of

this title that desires to provide a living allowance in excess of

the maximum allowance authorized in subsection (a)(3) of this

section may still apply for such assistance, except that -

(1) any assistance provided to the applicant under section

12571 of this title may not be used to pay for any portion of the

allowance;

(2) the applicant shall apply for such assistance only by

submitting an application to the Corporation for assistance on a

competitive basis; and

(3) 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 section 12571 of

this title shall provide a basic health care policy for each

full-time participant in a national service program carried out

or supported using the assistance, if the participant is not

otherwise covered by a health care policy. Not more than 85

percent of the cost of a premium shall be provided by the

Corporation, with the remaining cost paid by the entity receiving

assistance under section 12571 of this title. The Corporation

shall establish minimum standards that all plans must meet in

order to qualify for payment under this part, any circumstances

in which an alternative health care policy may be substituted for

the basic health care policy, and mechanisms to prohibit

participants from dropping existing coverage.

(2) Option

A State or other recipient of assistance under section 12571 of

this title may elect to provide from its own funds a health care

policy for participants that does not meet all of the standards

established by the Corporation if the fair market value of such

policy is equal to or greater than the fair market value of a

plan that meets the minimum standards established by the

Corporation, and is consistent with other applicable laws.

(e) Child care

(1) Availability

A State or other recipient of assistance under section 12571 of

this title shall -

(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 section 12571 of

this title shall provide reasonable accommodation, including

auxiliary aids and services (as defined in section 12102(1) of this

title), based on the individualized need of a participant who is a

qualified individual with a disability (as defined in section

12111(8) of this title).

(g) Waiver of limitation on Federal share

The Corporation may waive in whole or in part the limitation on

the Federal share specified in this section with respect to a

particular 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.

(h) Limitation on number of terms of service for federally

subsidized living allowance

No national service program may use assistance provided under

section 12571 of this title, or any other Federal funds, to provide

a living allowance under subsection (a) of this section, a health

care policy under subsection (d) of this section, or child care or

a child care allowance under subsection (e) of this section, to an

individual for a third, or subsequent, term of service described in

section 12593(b) of this title by the individual in a national

service program carried out under this division.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 140, as added Pub. L. 103-82, title

I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 811.)

-MISC1-

PRIOR PROVISIONS

A prior section 140 of Pub. L. 101-610 was set out as a note

under section 12501 of this title, prior to the general amendment

of subtitle D of title I of Pub. L. 101-610 [former part D of this

subchapter] by Pub. L. 103-82, Sec. 102(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12571, 12572, 12583,

12638, 12656 of this title; title 16 section 1726.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "subsistence

allowance".

-End-

-CITE-

42 USC Sec. 12595 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division C - National Service Trust Program

Part III - National Service Participants

-HEAD-

Sec. 12595. National service educational awards

-STATUTE-

(a) Eligibility generally

A participant in a national service program carried out using

assistance provided to an applicant under section 12571 of this

title shall be eligible for the national service educational award

described in division D of this subchapter if the participant -

(1) serves in an approved national service position; and

(2) satisfies the eligibility requirements specified in section

12602 of this title with respect to service in that approved

national service position.

(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

section 4955(a)(1) of this title.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 141, as added Pub. L. 103-82, title

I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 814.)

-MISC1-

PRIOR PROVISIONS

A prior section 141 of Pub. L. 101-610 was classified to section

12571 of this title prior to the general amendment of subtitle D of

title I of Pub. L. 101-610 [former part D of this subchapter] by

Pub. L. 103-82, Sec. 102(a).

-End-

-CITE-

42 USC Division D - National Service Trust and Provision

of National Service Educational Awards 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division D - National Service Trust and Provision of National

Service Educational Awards

-HEAD-

DIVISION D - NATIONAL SERVICE TRUST AND PROVISION OF NATIONAL

SERVICE EDUCATIONAL AWARDS

-COD-

CODIFICATION

Subtitle D of title I of Pub. L. 101-610, comprising this

division, was formerly classified to part D (Sec. 12571 et seq.) of

this subchapter prior to the general amendment by Pub. L. 103-82,

Sec. 102(a).

-SECREF-

DIVISION REFERRED TO IN OTHER SECTIONS

This division is referred to in sections 4955, 12521, 12561,

12571, 12572, 12573, 12581, 12582, 12585, 12593, 12595, 12618,

12638, 12656, 12681 of this title; title 16 section 1727; title 20

sections 1078-10, 1078-11, 1087j, 1087ee.

-End-

-CITE-

42 USC Sec. 12601 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division D - National Service Trust and Provision of National

Service Educational Awards

-HEAD-

Sec. 12601. Establishment of the National Service Trust

-STATUTE-

(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 pursuant to section

12681(a)(2) of this title, such amounts as the Corporation may

designate to be available for the payment of -

(A) national service educational awards; and

(B) interest expenses pursuant to section 12604(e) of this

title;

(2) any amounts received by the Corporation as gifts, bequests,

devises, or otherwise pursuant to section 12651g(a)(2) of this

title; and

(3) 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 payments of national service

educational awards in accordance with section 12604 of this title.

(d) Reports to Congress on receipts and expenditures

Not later than March 1 of each year, the Corporation shall submit

a report to the Congress 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 section 12651g(a)(2) of this title during the period

covered by the report, and any amounts obtained by the Trust

pursuant to subsection (a)(3) of this section;

(2) identify the number of individuals who are currently

performing service to qualify, or have qualified, for national

service educational awards;

(3) identify the number of individuals whose expectation to

receive national service educational awards during the period

covered by the report -

(A) has been reduced pursuant to section 12603(c) of this

title; or

(B) has lapsed pursuant to section 12602(d) of this title;

and

(4) estimate the number of additional approved national service

positions that the Corporation will be able to make available

under division C of this subchapter on the basis of any

accumulated surplus in the Trust above the amount required to

provide national service educational awards to individuals

identified under paragraph (2), including any amounts available

as a result of the circumstances referred to in paragraph (3).

-SOURCE-

(Pub. L. 101-610, title I, Sec. 145, as added Pub. L. 103-82, title

I, Sec. 102(a), Sept. 21, 1993, 107 Stat. 816.)

-MISC1-

PRIOR PROVISIONS

A prior section 12601, Pub. L. 101-610, title I, Sec. 156, Nov.

16, 1990, 104 Stat. 3156, related to authority of Commission on

National and Community Service to make grants to States or Indian

tribes for creation of innovative volunteer and community service

programs, prior to repeal by Pub. L. 103-82, Sec. 104(a).

A prior section 145 of Pub. L. 101-610 was classified to section

12575 of this title prior to the general amendment of subtitle D of

title I of Pub. L. 101-610 [former part D of this subchapter] by

Pub. L. 103-82, Sec. 102(a).

EFFECTIVE DATE

Division effective Oct. 1, 1993, see section 123 of Pub. L.

103-82, set out as an Effective Date of 1993 Amendment note under

section 1701 of Title 16, Conservation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12571, 12581 of this

title.

-End-

-CITE-

42 USC Sec. 12602 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division D - National Service Trust and Provision of National

Service Educational Awards

-HEAD-

Sec. 12602. Individuals eligible to receive a national service

educational award from the Trust

-STATUTE-

(a) Eligible individuals

An individual shall receive a national service educational award

from the National Service Trust if the individual -

(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 section

12572(a)(2) of this title or a program described in section

12572(a)(9) of this title;

(3) at the time the individual uses the national service

educational award -

(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 section 1091 of title 20 and meets the

requirements of subsection (a) of such section; or

(C) has received a waiver described in section 12591(c) of

this title; and

(4) is a citizen or national of the United States or lawful

permanent resident alien of the United States.

(b) Term of service

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 section 12593(b) of this title.

(c) Limitation on number of terms of service for awards

Although an individual may serve more than 2 terms of service

described in subsection (b) of this section in an approved national

service position, the individual shall receive a national service

educational award from the National Service Trust only on the basis

of the first and second of such terms of service.

(d) Time for use of educational award

(1) Seven-year requirement

An individual eligible to receive a national service

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 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 if the

Corporation determines that the individual -

(A) was unavoidably prevented from using the national service

educational award during the original 7-year period; or

(B) performed another term of service in an approved national

service position during that period.

(e) Suspension of eligibility for drug-related offenses

(1) In general

An individual who, after qualifying under this section as an

eligible individual, has been convicted under any Federal or

State law of the possession or sale of a controlled substance

shall not be eligible to receive a national service educational

award during the period beginning on the date of such conviction

and ending after the interval specified in the following table:

If convicted of:

The possession of a controlled Ineligibility period is:

substance:

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 section 802(6) of title 21.

(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.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 146, as added Pub. L. 103-82, title

I, Sec. 102(a), Sept. 21, 1993, 107 Stat. 818; amended Pub. L.

103-304, Sec. 3(b)(4), Aug. 23, 1994, 108 Stat. 1567.)

-MISC1-

PRIOR PROVISIONS

A prior section 12602, Pub. L. 101-610, title I, Sec. 157, Nov.

16, 1990, 104 Stat. 3156; Pub. L. 102-10, Sec. 7, Mar. 12, 1991,

105 Stat. 31, related to grant applications, awards, and uses,

prior to repeal by Pub. L. 103-82, Sec. 104(a).

A prior section 146 of Pub. L. 101-610 was classified to section

12576 of this title prior to the general amendment of subtitle D of

title I of Pub. L. 101-610 [former part D of this subchapter] by

Pub. L. 103-82, Sec. 102(a).

AMENDMENTS

1994 - Subsec. (a)(3). Pub. L. 103-304 struck out second par. (3)

which read as follows: "has received a high school diploma, or the

equivalent of such diploma, at the time the individual uses the

national service educational award, unless this requirement has

been waived based on an individual education assessment conducted

by the program; and".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12595, 12601, 12603,

12604, 12618 of this title.

-End-

-CITE-

42 USC Sec. 12603 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division D - National Service Trust and Provision of National

Service Educational Awards

-HEAD-

Sec. 12603. Determination of amount of national service educational

award

-STATUTE-

(a) Amount for full-time national service

Except as provided in subsection (c) of this section, an

individual described in section 12602(a) of this title who

successfully completes a required term of full-time national

service in an approved national service position shall receive a

national service educational award having a value, for each of not

more than 2 of such terms of service, equal to 90 percent of -

(1) one-half of an amount equal to the aggregate basic

educational assistance allowance provided in section 3015(b)(1)

of title 38 (as in effect on July 28, 1993), for the period

referred to in section 3013(a)(1) of such title (as in effect on

July 28, 1993), for a member of the Armed Forces who is entitled

to such an allowance under section 3011 of such title and whose

initial obligated period of active duty is 2 years; less

(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).

(b) Amount for part-time national service

Except as provided in subsection (c) of this section, an

individual described in section 12602(a) of this title who

successfully completes a required term of part-time national

service in an approved national service position shall receive a

national service educational award having a value, for each of not

more than 2 of such terms of service, equal to 50 percent of value

of the national service educational award determined under

subsection (a) of this section.

(c) Award for partial completion of service

If an individual serving in an approved national service position

is released in accordance with section 12593(c)(1)(A) of this title

from completing the full-time or part-time term of service agreed

to by the individual, the Corporation may provide the individual

with that portion of the national service educational award

approved for the individual that corresponds to the quantity of the

term of service actually completed by the individual.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 147, as added Pub. L. 103-82, title

I, Sec. 102(a), Sept. 21, 1993, 107 Stat. 819.)

-MISC1-

PRIOR PROVISIONS

A prior section 147 of Pub. L. 101-610 was classified to section

12577 of this title prior to the general amendment of subtitle D of

title I of Pub. L. 101-610 [former part D of this subchapter] by

Pub. L. 103-82, Sec. 102(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12511, 12571, 12593,

12601 of this title.

-End-

-CITE-

42 USC Sec. 12604 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division D - National Service Trust and Provision of National

Service Educational Awards

-HEAD-

Sec. 12604. Disbursement of national service educational awards

-STATUTE-

(a) In general

Amounts in the Trust shall be available -

(1) to repay student loans in accordance with subsection (b) of

this section;

(2) to pay all or part of the cost of attendance at an

institution of higher education in accordance with subsection (c)

of this section;

(3) to pay expenses incurred in participating in an approved

school-to-work program in accordance with subsection (d) of this

section; and

(4) to pay interest expenses in accordance with regulations

prescribed pursuant to subsection (e) of this section.

(b) Use of educational award to repay outstanding student loans

(1) Application by eligible individuals

An eligible individual under section 12602 of this title who

desires to apply the national service educational award of the

individual to the repayment of qualified student loans shall

submit, in a manner prescribed by the Corporation, an application

to the Corporation that -

(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

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, 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 (20 U.S.C. 1070 et seq.

[and 42 U.S.C. 2751 et seq.]), other than a loan to a parent of

a student pursuant to section 428B of such Act (20 U.S.C.

1078-2); and

(B) any loan made pursuant to title VII or VIII of the Public

Health Service Act [42 U.S.C. 292 et seq., 296 et seq.].

(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 section 12602 of this title who

desires to apply the individual's national service educational

award to the payment of current full-time or part-time

educational expenses shall, on a form prescribed by the

Corporation, submit an application to the institution of higher

education in which the student will be enrolled that contains

such information as the Corporation may require to verify the

individual's eligibility.

(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 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 (20 U.S.C. 1094);

(ii) the institution's eligibility to participate in any of

the programs under title IV of such Act (20 U.S.C. 1070 et

seq. [and 42 U.S.C. 2751 et seq.]) has not been limited,

suspended, or terminated; and

(iii) individuals using national service educational awards

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 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 1/2 of such total amount. The interval

between the first and second such installment shall not be less

than 1/2 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 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 (20 U.S.C. 1091b). Amounts refunded to the Trust

pursuant to this paragraph may be used by the Corporation to fund

additional approved national service positions under division C

of this subchapter.

(6) Maximum award

The portion of an eligible individual's total available

national service 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 for such

period of enrollment, determined in accordance with section 472

of the Higher Education Act of 1965 (20 U.S.C. 1087ll); and

(B) the sum of -

(i) the student's estimated financial assistance for such

period under part A of title IV of such Act (20 U.S.C. 1070

et seq.); and

(ii) the student's veterans' education benefits, determined

in accordance with section 480(c) of such Act (20 U.S.C.

1087vv(c)).

(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 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)(6) (!1) of this section), if the eligible individual

successfully completes the individual's required term of service

(as determined under section 12602(b) of this title). Such

regulations shall be prescribed after consultation with the

Secretary of Education.

(f) Exception

With the approval of the Director, an approved national service

program funded under section 12571 of this title, may offer

participants the option of waiving their right to receive a

national service educational award in order to receive an

alternative post-service benefit funded by the program entirely

with non-Federal funds.

(g) "Institution of higher education" defined

Notwithstanding section 12511 of this title, for purposes of this

section the term "institution of higher education" has the meaning

provided by section 102 of the Higher Education Act of 1965 [20

U.S.C. 1002].

-SOURCE-

(Pub. L. 101-610, title I, Sec. 148, as added Pub. L. 103-82, title

I, Sec. 102(a), Sept. 21, 1993, 107 Stat. 820; amended Pub. L.

105-244, title I, Sec. 102(c)(2), Oct. 7, 1998, 112 Stat. 1622.)

-REFTEXT-

REFERENCES IN TEXT

The Higher Education Act of 1965, referred to in subsecs.

(b)(7)(A) and (c)(2)(C)(ii), (6)(B)(i), is Pub. L. 89-329, Nov. 8,

1965, 79 Stat. 1219, as amended. Title IV of the Act is classified

generally to subchapter IV (Sec. 1070 et seq.) of chapter 28 of

Title 20, Education, and part C (Sec. 2751 et seq.) of subchapter I

of chapter 34 of this title. Part A of title IV of the Act is

classified generally to part A (Sec. 1070 et seq.) of subchapter IV

of chapter 28 of Title 20. For complete classification of this Act

to the Code, see Short Title note set out under section 1001 of

Title 20 and Tables.

The Public Health Service Act, referred to in subsec. (b)(7)(B),

is act July 1, 1944, ch. 373, 58 Stat. 682, as amended. Titles VII

and VIII of the Act are classified generally to subchapters V (Sec.

292 et seq.) and VI (Sec. 296 et seq.), respectively, of chapter 6A

of this title. For complete classification of this Act to the Code,

see Short Title note set out under section 201 of this title and

Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 148 of Pub. L. 101-610 was classified to section

12578 of this title prior to the general amendment of subtitle D of

title I of Pub. L. 101-610 [former part D of this subchapter] by

Pub. L. 103-82, Sec. 102(a).

AMENDMENTS

1998 - Subsec. (g). Pub. L. 105-244 substituted "section 102 of

the Higher Education Act of 1965" for "section 481(a) of the Higher

Education Act of 1965 (20 U.S.C. 1088(a))".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12601 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be subsection "(b)(7)".

-End-

-CITE-

42 USC Division E - Civilian Community Corps 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division E - Civilian Community Corps

-HEAD-

DIVISION E - CIVILIAN COMMUNITY CORPS

-COD-

CODIFICATION

Subtitle E of title I of Pub. L. 101-610, comprising this

division, was formerly classified to part H (Sec. 12653 et seq.) of

this subchapter prior to amendment by Pub. L. 103-82, Sec. 104(b).

-MISC1-

PRIOR PROVISIONS

This division is comprised of subtitle E, Secs. 151-166, of title

I of Pub. L. 101-610. A prior part E (Sec. 12591 et seq.),

comprised of subtitle E, Secs. 155-167, of title I of Pub. L.

101-610, related to innovative and demonstration programs and

projects, prior to repeal by Pub. L. 103-82, Sec. 104(a).

-SECREF-

DIVISION REFERRED TO IN OTHER SECTIONS

This division is referred to in sections 12573, 12581, 12681 of

this title; title 32 section 509.

-End-

-CITE-

42 USC Sec. 12611 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division E - Civilian Community Corps

-HEAD-

Sec. 12611. Purpose

-STATUTE-

It is the purpose of this division to authorize the establishment

of a Civilian Community Corps to provide a basis for determining -

(1) whether residential service programs administered by the

Federal Government can significantly increase the support for

national service and community service by the people of the

United States;

(2) whether such programs can expand the opportunities for

willing young men and women to perform meaningful, direct, and

consequential acts of community service in a manner that will

enhance their own skills while contributing to their

understanding of civic responsibility in the United States;

(3) whether retired members and former members of the Armed

Forces of the United States, members and former members of the

Armed Forces discharged or released from active duty in

connection with reduced Department of Defense spending, members

and former members of the Armed Forces discharged or transferred

from the Selected Reserve of the Ready Reserve in connection with

reduced Department of Defense spending, and other members of the

Armed Forces not on active duty and not actively participating in

a reserve component of the Armed Forces can provide guidance and

training under such programs that contribute meaningfully to the

encouragement of national and community service; and

(4) whether domestic national service programs can serve as a

substitute for the traditional option of military service in the

Armed Forces of the United States which, in times of reductions

in the size of the Armed Forces, is a diminishing national

service opportunity for young Americans.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 151, formerly Sec. 195, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2522; renumbered Sec. 151, Pub. L. 103-82, title I, Sec.

104(b), Sept. 21, 1993, 107 Stat. 840.)

-COD-

CODIFICATION

Section was formerly classified to section 12653 of this title

prior to renumbering by Pub. L. 103-82, Sec. 104(b).

-MISC1-

PRIOR PROVISIONS

A prior section 12611, Pub. L. 101-610, title I, Sec. 160, Nov.

16, 1990, 104 Stat. 3157, authorized Commission to make grants to

Directors of Peace Corps and ACTION to carry out training and

educational benefits demonstration programs, prior to repeal by

Pub. L. 103-82, Sec. 104(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12619, 12622 of this

title.

-End-

-CITE-

42 USC Sec. 12612 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division E - Civilian Community Corps

-HEAD-

Sec. 12612. Establishment of Civilian Community Corps Demonstration

Program

-STATUTE-

(a) In general

The Corporation may establish the Civilian Community Corps

Demonstration Program to carry out the purpose of this division.

(b) Program components

Under the Civilian Community Corps Demonstration Program

authorized by subsection (a) of this section, the members of a

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 programs

Both program components are residential programs. The members of

the Corps in each program shall reside with other members of the

Corps in Corps housing during the periods of the members' agreed

service.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 152, formerly Sec. 195A, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2523; renumbered Sec. 152 and amended Pub. L. 103-82,

title I, Sec. 104(b), title IV, Sec. 402(b)(2), Sept. 21, 1993, 107

Stat. 840, 919.)

-COD-

CODIFICATION

Section was formerly classified to section 12653a of this title

prior to renumbering by Pub. L. 103-82, Sec. 104(b).

-MISC1-

PRIOR PROVISIONS

A prior section 12612, Pub. L. 101-610, title I, Sec. 161, Nov.

16, 1990, 104 Stat. 3157; Pub. L. 102-384, Sec. 7(a), Oct. 5, 1992,

106 Stat. 1456, related to eligibility and selection procedures,

prior to repeal by Pub. L. 103-82, Sec. 104(a).

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-82, Sec. 402(b)(2), substituted

"Corporation" for "Commission on National and Community Service".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 402(b)(2) of Pub. L. 103-82 effective Oct.

1, 1993, see section 406(a) of Pub. L. 103-82, set out as a note

under section 5061 of this title.

REPORT AND STUDY REQUIREMENTS

Section 1092(b) of Pub. L. 102-484, as amended by Pub. L. 103-82,

title I, Sec. 104(e)(1)(B), (C), title IV, Sec. 402(a)(1), Sept.

21, 1993, 107 Stat. 846, 918, provided that:

"(1) Not later than 180 days after the date on which the

Corporation for National and Community Service establishes the

Civilian Community Corps Demonstration Program authorized by

section 152 of the National and Community Service Act of 1990 [42

U.S.C. 12612] (as added by subsection (a)), the Board of Directors

of the Corporation shall prepare and submit to the appropriate

committees of Congress a progress report on the implementation of

the provisions of subtitle E of title I of such Act [42 U.S.C.

12611 et seq.]. The progress report shall include an assessment of

the activities undertaken in establishing and administering

Civilian Community Corps camps and an analysis of the level of

coordination of Corps activities with activities of other

departments or agencies of the Federal Government.

"(2) Not later than 90 days after the end of the one-year period

beginning on the first day of the Civilian Community Corps

Demonstration Program established pursuant to section 152 of the

National and Community Service Act of 1990 (as added by subsection

(a)), the Board of Directors of the Corporation for National and

Community Service and the Director of the Civilian Community Corps

shall prepare and submit to the appropriate committees of Congress

a report concerning the desirability and feasibility of

establishing the Civilian Community Corps as an independent agency

of the Federal Government."

COORDINATION OF PROGRAMS

Section 1093 of Pub. L. 102-484, as amended by Pub. L. 103-82,

title I, Sec. 104(e)(1)(B), title IV, Sec. 402(a)(2), Sept. 21,

1993, 107 Stat. 846, 918, provided that:

"(a) Coordinated Administration. - To the maximum extent

practicable, the Chief of the National Guard Bureau, the Board of

Directors and Chief Executive Officer of the Corporation for

National and Community Service, and the Director of the Civilian

Community Corps shall coordinate the National Guard Youth

Opportunities Program established pursuant to section 1091 [of Pub.

L. 102-484, 32 U.S.C. 501 note] and the Civilian Community Corps

Demonstration Program established pursuant to the authorization

contained in section 152 of the National and Community Service Act

of 1990 [42 U.S.C. 12612] (as added by section 1092(a)).

"(b) Objectives. - The officials referred to in subsection (a)

shall ensure that -

"(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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12511, 12613, 12614,

12619, 12626 of this title.

-End-

-CITE-

42 USC Sec. 12613 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division E - Civilian Community Corps

-HEAD-

Sec. 12613. National service program

-STATUTE-

(a) In general

Under the national service program component of the Civilian

Community Corps Demonstration Program authorized by section

12612(a) of this title, eligible young people shall work in teams

on Civilian Community Corps projects.

(b) Eligible participants

A person shall be eligible for selection for the national service

program if the person -

(1) is at least 16 and not more than 24 years of age; 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.

(d) Necessary participants

To the extent practicable, at least 50 percent of the

participants in the national service program shall be economically

disadvantaged youths.

(e) 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.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 153, formerly Sec. 195B, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2523; renumbered Sec. 153 and amended Pub. L. 103-82,

title I, Sec. 104(b), (e)(2)(A), Sept. 21, 1993, 107 Stat. 840,

846.)

-COD-

CODIFICATION

Section was formerly classified to section 12653b of this title

prior to renumbering by Pub. L. 103-82, Sec. 104(b).

-MISC1-

PRIOR PROVISIONS

A prior section 12613, Pub. L. 101-610, title I, Sec. 162, Nov.

16, 1990, 104 Stat. 3158, related to training program in skills to

be employed in Peace Corps or VISTA, prior to repeal by Pub. L.

103-82, Sec. 104(a).

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-82, Sec. 104(e)(2)(A),

substituted "section 12612(a)" for "section 12653a(a)".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

123 of Pub. L. 103-82, set out as a note under section 1701 of

Title 16, Conservation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12653c of this title.

-End-

-CITE-

42 USC Sec. 12614 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division E - Civilian Community Corps

-HEAD-

Sec. 12614. Summer national service program

-STATUTE-

(a) In general

Under the summer national service program of the Civilian

Community Corps Demonstration Program authorized by section

12612(a) of this title, a diverse group of youth aged 14 through 18

years who are from urban or rural areas shall work in teams on

Civilian Community Corps projects.

(b) Necessary participants

To the extent practicable, at least 50 percent of the

participants in the summer national service program shall be

economically disadvantaged youths.

(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.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 154, formerly Sec. 195C, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2524; renumbered Sec. 154 and amended Pub. L. 103-82,

title I, Sec. 104(b), (e)(2)(B), Sept. 21, 1993, 107 Stat. 840,

847.)

-COD-

CODIFICATION

Section was formerly classified to section 12653c of this title

prior to renumbering by Pub. L. 103-82, Sec. 104(b).

-MISC1-

PRIOR PROVISIONS

A prior section 12614, Pub. L. 101-610, title I, Sec. 163, Nov.

16, 1990, 104 Stat. 3158; Pub. L. 102-384, Sec. 7(b), Oct. 5, 1992,

106 Stat. 1456, related to higher education benefits for those

selected for Peace Corps or VISTA demonstration programs, prior to

repeal by Pub. L. 103-82, Sec. 104(a).

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-82, Sec. 104(e)(2)(B),

substituted "section 12612(a)" for "section 12653a(a)".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

123 of Pub. L. 103-82, set out as a note under section 1701 of

Title 16, Conservation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12653c of this title.

-End-

-CITE-

42 USC Sec. 12615 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division E - Civilian Community Corps

-HEAD-

Sec. 12615. Civilian Community Corps

-STATUTE-

(a) Director

Upon the establishment of the Civilian Community Corps

Demonstration Program, the Civilian Community Corps shall be under

the direction of the Director appointed pursuant to section

12619(c)(1) of this title.

(b) Membership in 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 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 superintendent of the appropriate camp, to

determine whether selection of the applicant for membership in

the Corps is appropriate.

(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 section 12619(c)(2)

of this title. The designated leader shall accompany the unit

throughout the period of agreed service of the members of the

unit.

(d) Camps

(1) Units to be assigned to camps

The units of the Corps shall be grouped together as appropriate

in camps for operational, support, and boarding purposes. The

Corps camp 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 camps.

(2) Camp superintendent

There shall be a superintendent for each camp. The

superintendent is the head of the camp.

(3) Eligible site for camp

A camp may be located in a facility referred to in section

12622(a)(3) of this title.

(e) Distribution of units and camps

The Director shall ensure that the Corps units and camps are

distributed in urban areas and rural areas in various regions

throughout the United States.

(f) Standards of conduct

(1) In general

The superintendent of each camp shall establish and enforce

standards of conduct to promote proper moral and disciplinary

conditions in the camp.

(2) Sanctions

Under procedures prescribed by the Director, the superintendent

of a camp may -

(A) transfer a member of the Corps in that camp to another

unit or camp if the superintendent determines that the

retention of the member in the member's unit or in the

superintendent's camp will jeopardize the enforcement of the

standards or diminish the opportunities of other Corps members

in that unit or camp, as the case may be; or

(B) dismiss a member of the Corps from the Corps if the

superintendent 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 camp

superintendent to transfer or dismiss the member. The Director

shall provide for expeditious disposition of appeals under this

paragraph.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 155, formerly Sec. 195D, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2524; renumbered Sec. 155 and amended Pub. L. 103-82,

title I, Sec. 104(b), (e)(2)(C), title IV, Sec. 403(b), Sept. 21,

1993, 107 Stat. 840, 847, 920; Pub. L. 103-304, Sec. 3(b)(5)(A),

Aug. 23, 1994, 108 Stat. 1567.)

-COD-

CODIFICATION

Section was formerly classified to section 12653d of this title

prior to renumbering by Pub. L. 103-82, Sec. 104(b).

-MISC1-

PRIOR PROVISIONS

A prior section 12615, Pub. L. 101-610, title I, Sec. 164, Nov.

16, 1990, 104 Stat. 3159; Pub. L. 102-384, Sec. 4, Oct. 5, 1992,

106 Stat. 1455, related to evaluation reports on Peace Corps and

VISTA demonstration programs, prior to repeal by Pub. L. 103-82,

Sec. 104(a).

A prior section 155 of Pub. L. 101-610 was classified to section

12591 of this title prior to repeal by Pub. L. 103-82.

AMENDMENTS

1994 - Subsec. (e). Pub. L. 103-304 substituted "camps" for

"Corps" in heading.

1993 - Subsec. (a). Pub. L. 103-82, Sec. 403(b), substituted

"Director" for "Director of the Civilian Community Corps".

Pub. L. 103-82, Sec. 104(e)(2)(C)(i), substituted "section

12619(c)(1)" for "section 12653h(c)(1)".

Subsec. (c)(2). Pub. L. 103-82, Sec. 104(e)(2)(C)(ii),

substituted "section 12619(c)(2)" for "section 12653h(c)(2)".

Subsec. (d)(3). Pub. L. 103-82, Sec. 104(e)(2)(C)(iii),

substituted "section 12622(a)(3)" for "section 12653k(a)(3)".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 104(b), (e)(2)(C) of Pub. L. 103-82

effective Oct. 1, 1993, see section 123 of Pub. L. 103-82, set out

as a note under section 1701 of Title 16, Conservation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12626 of this title.

-End-

-CITE-

42 USC Sec. 12616 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division E - Civilian Community Corps

-HEAD-

Sec. 12616. Training

-STATUTE-

(a) Common curriculum

Each member of the 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.

(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.

(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 section 12619(c)(2) of

this title shall provide the training for the members of the

Corps, including, as appropriate, advanced service training and

ongoing training throughout the members' periods of agreed

service.

(2) Coordination with other entities

Members of the cadre may provide the advanced service training

referred to in subsection (b)(1) of this section in coordination

with vocational or technical schools, other employment and

training providers, existing youth service programs, or other

qualified individuals.

(d) Facilities

The training may be provided at installations and other

facilities of the Department of Defense, and at National Guard

facilities, identified under section 12622(a)(3) of this title.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 156, formerly Sec. 195E, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2525; renumbered Sec. 156 and amended Pub. L. 103-82,

title I, Sec. 104(b), (e)(2)(D), Sept. 21, 1993, 107 Stat. 840,

847.)

-COD-

CODIFICATION

Section was formerly classified to section 12653e of this title

prior to renumbering by Pub. L. 103-82, Sec. 104(b).

-MISC1-

PRIOR PROVISIONS

A prior section 156 of Pub. L. 101-610 was classified to section

12601 of this title prior to repeal by Pub. L. 103-82, Sec. 104(a).

AMENDMENTS

1993 - Subsec. (c)(1). Pub. L. 103-82, Sec. 104(e)(2)(D)(i),

substituted "section 12619(c)(2)" for "section 12653h(c)(2)".

Subsec. (d). Pub. L. 103-82, Sec. 104(e)(2)(D)(ii), substituted

"section 12622(a)(3)" for "section 12653k(a)(3)".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

123 of Pub. L. 103-82, set out as a note under section 1701 of

Title 16, Conservation.

-End-

-CITE-

42 USC Sec. 12617 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division E - Civilian Community Corps

-HEAD-

Sec. 12617. Service projects

-STATUTE-

(a) Project requirements

The service projects carried out by the Civilian Community Corps

shall -

(1) meet an identifiable public need;

(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, and the Secretary

of Housing and Urban Development 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 representatives of local communities in the vicinity

of a Corps camp, may develop proposals for projects for a Corps

camp. 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, and persons involved in

other youth service programs.

(c) Project selection, organization, and performance

(1) Selection

The superintendent of a Corps camp shall select the projects to

be performed by the members of the Corps assigned to the units in

that camp. The superintendent shall select projects from among

the projects proposed or identified pursuant to subsection (b) of

this section.

(2) Innovative local arrangements for project performance

The Director shall encourage camp superintendents 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.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 157, formerly Sec. 195F, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2526; renumbered Sec. 157 and amended Pub. L. 103-82,

title I, Sec. 104(b), title IV, Secs. 402(b)(2), 403(b), Sept. 21,

1993, 107 Stat. 840, 919, 920.)

-COD-

CODIFICATION

Section was formerly classified to section 12653f of this title

prior to renumbering by Pub. L. 103-82, Sec. 104(b).

-MISC1-

PRIOR PROVISIONS

A prior section 157 of Pub. L. 101-610 was classified to section

12602 of this title prior to repeal by Pub. L. 103-82, Sec. 104(a).

AMENDMENTS

1993 - Subsec. (b)(1)(A). Pub. L. 103-82, Sec. 403(b),

substituted "Director" for "Director of the Civilian Community

Corps".

Subsec. (b)(2). Pub. L. 103-82, Sec. 402(b)(2), substituted

"Corporation" for "Commission on National and Community Service".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 402(b)(2) of Pub. L. 103-82 effective Oct.

1, 1993, see section 406(a) of Pub. L. 103-82, set out as a note

under section 5061 of this title.

-End-

-