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

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CITE-

42 USC Sec. 12618 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. 12618. Authorized benefits for Corps members

-STATUTE-

(a) In general

The Director shall provide for members of the Civilian Community

Corps to receive benefits authorized by this section.

(b) Living allowance

The Director shall provide a living allowance to members of the

Corps for the period during which such members are engaged in

training or any activity on a Corps project. The Director shall

establish the amount of the allowance at any amount not in excess

of the amount equal to 100 percent of the poverty line that is

applicable to a family of two (as defined by the Office of

Management and Budget and revised annually in accordance with

section 9902(2) of this title.(!1)

(c) Other authorized benefits

While receiving training or engaging in service projects as

members of the Civilian Community Corps, members may be provided

the following benefits:

(1) Allowances for travel expenses, personal expenses, and

other expenses.

(2) Quarters.

(3) Subsistence.

(4) Transportation.

(5) Equipment.

(6) Clothing.

(7) Recreational services and supplies.

(8) Other services determined by the Director to be consistent

with the purposes of the Program.

(d) Supportive services

As the Director determines appropriate, the Director may provide

each member of the Corps with health care services, child care

services, counseling services, and other supportive services.

(e) Post-service benefits

Upon completion of the agreed period of service with the Corps, a

member shall elect to receive the educational assistance under

subsection (f) of this section or the cash benefit under subsection

(g) of this section.

(f) National service educational awards

A Corps member who successfully completes a period of agreed

service in the Corps may receive the national service educational

award described in division D of this subchapter if the Corps

member -

(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.

(g) Alternative benefit

If a Corps member who successfully completes a period of agreed

service in the Corps is ineligible for the national service

educational award described in division D of this subchapter, the

Director may provide for the provision of a suitable alternative

benefit for the Corps member.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 158, formerly Sec. 195G, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2526; renumbered Sec. 158 and amended Pub. L. 103-82,

title I, Sec. 104(b), (g), title IV, Sec. 403(b), Sept. 21, 1993,

107 Stat. 840, 847, 920.)

-COD-

CODIFICATION

Section was formerly classified to section 12653g of this title

prior to renumbering by Pub. L. 103-82, Sec. 104(b).

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-82, Sec. 403(b), substituted

"Director" for "Director of the Civilian Community Corps".

Subsecs. (f) to (h). Pub. L. 103-82, Sec. 104(g), added subsecs.

(f) and (g) and struck out former subsecs. (f) to (h) which related

to monetary educational assistance, cash benefit election for Corps

members, and other post-service benefits, respectively.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 104(b), (g) 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 title 32 section 509.

-FOOTNOTE-

(!1) So in original. A closing parenthesis probably should

precede the period.

-End-

-CITE-

42 USC Sec. 12619 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. 12619. Administrative provisions

-STATUTE-

(a) Supervision

The Chief Executive Officer shall monitor and supervise the

administration of the Civilian Community Corps Demonstration

Program authorized to be established under section 12612 of this

title. In carrying out this section, the Chief Executive Officer

shall -

(1) approve such guidelines, recommended by the Board, for the

design, selection of members, and operation of the Civilian

Community Corps as the Chief Executive Officer considers

appropriate;

(2) evaluate the progress of the Corps in providing a basis for

determining the matters set forth in section 12611 of this title;

and

(3) carry out any other activities determined appropriate by

the Board.

(b) Monitoring and coordination

The Chief Executive Officer shall -

(1) monitor the overall operation of the Civilian Community

Corps;

(2) coordinate the activities of the Corps with other youth

service programs administered by the Corporation; and

(3) carry out any other activities determined appropriate by

the Board.

(c) Staff

(1) Director

(A) Appointment

Upon the establishment of the Program, the Chief Executive

Officer shall appoint a Director. The Director may be selected

from among retired commissioned officers of the Armed Forces of

the United States.

(B) Duties

The Director shall -

(i) design, develop, and administer the Civilian Community

Corps programs;

(ii) be responsible for managing the daily operations of

the Corps; and

(iii) report to the Chief Executive Officer.

(C) Authority to employ staff

The Director may employ such staff as is necessary to carry

out this division. The Director shall, to the maximum extent

practicable, utilize in staff positions personnel who are

detailed from departments and agencies of the Federal

Government and, to the extent the Director considers

appropriate, shall request and accept detail of personnel from

such departments and agencies in order to do so.

(2) Permanent cadre

(A) Establishment

The Director shall establish a permanent cadre of supervisors

and training instructors for Civilian Community Corps programs.

(B) Appointment

The Director shall appoint the members of the permanent

cadre.

(C) Employment considerations

In appointing individuals to cadre positions, the Director

shall -

(i) give consideration to retired, discharged, and other

inactive members and former members of the Armed Forces

recommended under section 12622(a)(2) of this title;

(ii) give consideration to former VISTA, Peace Corps, and

youth service program personnel;

(iii) ensure that the cadre is comprised of males and

females of diverse ethnic, economic, professional, and

geographic backgrounds; and

(iv) consider applicants' experience in other youth service

programs.

(D) Community service credit

Service as a member of the cadre shall be considered as a

community service opportunity for purposes of section 4403 of

the National Defense Authorization Act for Fiscal Year 1993 and

as employment with a public service or community service

organization for purposes of section 4464 of that Act.

(E) Training

The Director shall provide to members of the permanent cadre

appropriate training in youth development techniques and the

principles of service learning. All members of the permanent

cadre shall be required to participate in the training.

(3) Inapplicability of certain civil service laws

The Director, the members of the permanent cadre, and the other

staff personnel shall be appointed without regard to the

provisions of title 5 governing appointments in the competitive

service. The rates of pay of such persons may be established

without regard to the provisions of chapter 51 and subchapter III

of chapter 53 of such title. In the case of a member of the

permanent cadre who was recommended for appointment in accordance

with section 12622(a)(2)(A) of this title and is entitled to

retired or retainer pay, section 5532 (!1) of title 5 shall not

apply to reduce the member's retired or retainer pay by reason of

the member being paid as a member of the cadre.

(4) Voluntary services

Notwithstanding any other provision of law, the Director may

accept the voluntary services of individuals. While away from

their homes or regular places of business on the business of the

Corps, such individuals may be allowed travel expenses, including

per diem in lieu of subsistence, in the same amounts and to the

same extent, as authorized under section 5703 of title 5 for

persons employed intermittently in Federal Government service.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 159, formerly Sec. 195H, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2528; renumbered Sec. 159 and amended Pub. L. 103-82,

title I, Sec. 104(b), (e)(2)(E), title IV, Secs. 402(b)(1),

403(a)(1)-(3), (b), Sept. 21, 1993, 107 Stat. 840, 847, 918-920;

Pub. L. 103-304, Sec. 3(b)(5)(B), Aug. 23, 1994, 108 Stat. 1567;

Pub. L. 103-337, div. A, title VI, Sec. 640, Oct. 5, 1994, 108

Stat. 2791.)

-REFTEXT-

REFERENCES IN TEXT

Section 4403 of the National Defense Authorization Act for Fiscal

Year 1993, referred to in subsec. (c)(2)(D), is section 4403 of

Pub. L. 102-484 which is set out as a note under section 1293 of

Title 10, Armed Forces.

Section 4464 of that Act, referred to in subsec. (c)(2)(D), is

section 4464 of Pub. L. 102-484 which is set out as a note under

section 1143a of Title 10.

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (c)(3), are classified

generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

Section 5532 of title 5, referred to in subsec. (c)(3), was

repealed by Pub. L. 106-65, div. A, title VI, Sec. 651(a)(1), Oct.

5, 1999, 113 Stat. 664.

-COD-

CODIFICATION

Section was formerly classified to section 12653h of this title

prior to renumbering by Pub. L. 103-82, Sec. 104(b).

-MISC1-

AMENDMENTS

1994 - Subsec. (c)(2)(C)(i). Pub. L. 103-304 substituted "section

12622(a)(2)" for "section section 12622(a)(2)".

Subsec. (c)(3). Pub. L. 103-337 inserted at end "In the case of a

member of the permanent cadre who was recommended for appointment

in accordance with section 12622(a)(2)(A) of this title and is

entitled to retired or retainer pay, section 5532 of title 5 shall

not apply to reduce the member's retired or retainer pay by reason

of the member being paid as a member of the cadre."

1993 - Subsec. (a). Pub. L. 103-82, Sec. 403(a)(1)(A), (B),

substituted "Supervision" for "Board" in heading and "The Chief

Executive Officer shall monitor" for "The Board shall monitor" and

"the Chief Executive Officer shall - " for "the Board shall - " in

introductory provisions.

Pub. L. 103-82, Sec. 104(e)(2)(E)(i)(I), substituted "section

12612" for "section 12653a" in introductory provisions.

Subsec. (a)(1). Pub. L. 103-82, Sec. 403(a)(1)(B), (C),

substituted "by the Board" for "by the Director" and "as the Chief

Executive Officer" for "as the Board".

Subsec. (a)(2). Pub. L. 103-82, Sec. 104(e)(2)(E)(i)(II),

substituted "section 12611" for "section 12653".

Subsec. (b). Pub. L. 103-82, Sec. 403(a)(2), substituted

"Monitoring and coordination" for "Executive Director" in heading

and "The Chief Executive Officer shall" for "The Executive Director

of the Commission on National and Community Service shall" in

introductory provisions.

Subsec. (b)(2). Pub. L. 103-82, Sec. 402(b)(1), substituted "by

the Corporation" for "by the Commission".

Subsec. (c)(1)(A). Pub. L. 103-82, Sec. 403(a)(3)(A), (b),

substituted "the Chief Executive Officer shall appoint a Director"

for "the Board, in consultation with the Executive Director, shall

appoint a Director of the Civilian Community Corps".

Subsec. (c)(1)(B)(iii). Pub. L. 103-82, Sec. 403(a)(3)(B),

substituted "the Chief Executive Officer" for "the Board through

the Executive Director".

Subsec. (c)(2)(C)(i). Pub. L. 103-82, Sec. 104(e)(2)(E)(ii),

substituted "section 12622(a)(2)" for "12653k(a)(2)".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 104(b), (e)(2)(E) 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.

Amendment by section 402(b)(1) 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12615, 12616 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 12620 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. 12620. Status of Corps members and Corps personnel under

Federal law

-STATUTE-

(a) In general

Except as otherwise provided in this section, members of the

Civilian Community Corps shall not, by reason of their status as

such members, be considered Federal employees or be subject to the

provisions of law relating to Federal employment.

(b) Work-related injuries

(1) In general

For purposes of subchapter I of chapter 81 of title 5 relating

to the compensation of Federal employees for work injuries,

members of the Corps shall be considered as employees of the

United States within the meaning of the term "employee", as

defined in section 8101 of such title.

(2) Special rule

In the application of the provisions of subchapter I of chapter

81 of title 5 to a person referred to in paragraph (1), the

person shall not be considered to be in the performance of duty

while absent from the person's assigned post of duty unless the

absence is authorized in accordance with procedures prescribed by

the Director.

(c) Tort claims procedure

A member of the Corps shall be considered an employee of the

United States for purposes of chapter 171 of title 28 relating to

tort claims liability and procedure.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 160, formerly Sec. 195I, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2530; renumbered Sec. 160, Pub. L. 103-82, title I, Sec.

104(b), Sept. 21, 1993, 107 Stat. 840.)

-COD-

CODIFICATION

Section was formerly classified to section 12653i of this title

prior to renumbering by Pub. L. 103-82, Sec. 104(b).

-MISC1-

PRIOR PROVISIONS

A prior section 160 of Pub. L. 101-610 was classified to section

12611 of this title prior to repeal by Pub. L. 103-82, Sec. 104(a).

-End-

-CITE-

42 USC Sec. 12621 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. 12621. Contract and grant authority

-STATUTE-

(a) Programs

The Director may, by contract or grant, provide for any public or

private organization to perform any program function under this

division.

(b) Equipment and facilities

(1) Federal and National Guard property

The Director shall enter into agreements, as necessary, with

the Secretary of Defense, the Governor of a State, territory or

commonwealth, or the commanding general of the District of

Columbia National Guard, as the case may be, to utilize -

(A) equipment of the Department of Defense and equipment of

the National Guard; and

(B) Department of Defense facilities and National Guard

facilities identified pursuant to section 12622(a)(3) of this

title.

(2) Other property

The Director may enter into contracts or agreements for the use

of other equipment or facilities to the extent practicable to

train and house members of the Civilian Community Corps and

leaders of Corps units.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 161, formerly Sec. 195J, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2530; renumbered Sec. 161 and amended Pub. L. 103-82,

title I, Sec. 104(b), (e)(2)(F), Sept. 21, 1993, 107 Stat. 840,

847.)

-COD-

CODIFICATION

Section was formerly classified to section 12653j of this title

prior to renumbering by Pub. L. 103-82, Sec. 104(b).

-MISC1-

PRIOR PROVISIONS

A prior section 12621, Pub. L. 101-610, title I, Sec. 165, Nov.

16, 1990, 104 Stat. 3159, related to rural youth service

demonstration project, prior to repeal by Pub. L. 103-82, Sec.

104(a).

A prior section 161 of Pub. L. 101-610 was classified to section

12612 of this title prior to repeal by Pub. L. 103-82.

AMENDMENTS

1993 - Subsec. (b)(1)(B). Pub. L. 103-82, Sec. 104(e)(2)(F),

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. 12622 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. 12622. Responsibilities of other departments

-STATUTE-

(a) Secretary of Defense

(1) Liaison office

(A) Establishment

Upon the establishment of the Program, the Secretary of

Defense shall establish an office to provide for liaison

between the Secretary and the Civilian Community Corps.

(B) Duties

The office shall -

(i) in order to assist in the recruitment of personnel for

appointment in the permanent cadre, make available to the

Director information in the registry established by section

1143a of title 10; and

(ii) provide other assistance in the coordination of

Department of Defense activities with the Corps.

(2) Corps cadre

(A) List of recommended personnel

Upon the establishment of the Program, the Secretary of

Defense, in consultation with the liaison office established

under paragraph (1) shall develop a list of individuals to be

recommended for appointment in the permanent cadre of Corps

personnel. Such personnel shall be selected from among members

and former members of the Armed Forces referred to in section

12611(3) of this title who are commissioned officers,

noncommissioned officers, former commissioned officers, or

former noncommissioned officers.

(B) Recommendations regarding grade and pay

The Secretary of Defense shall recommend to the Director an

appropriate rate of pay for each person recommended for the

cadre pursuant to this paragraph.

(C) Contribution for retired member's pay

If a listed individual receiving retired or retainer pay is

appointed to a position in the cadre and the rate of pay for

that individual is established at the amount equal to the

difference between the active duty pay and allowances which

that individual would receive if ordered to active duty and the

amount of the individual's retired or retainer pay, the

Secretary of Defense shall pay, by transfer to the Corporation

from amounts available for pay of active duty members of the

Armed Forces, the amount equal to 50 percent of that

individual's rate of pay for service in the cadre.

(3) Facilities

Upon the establishment of the Program, the Secretary of Defense

shall identify military installations and other facilities of the

Department of Defense and, in consultation with the adjutant

generals of the State National Guards, National Guard facilities

that may be used, in whole or in part, by the Civilian Community

Corps for training or housing Corps members. The Secretary of

Defense shall carry out this paragraph in consultation with the

liaison office established under paragraph (1).

(4) Information regarding Corps

The Secretary of Defense may permit Armed Forces recruiters to

inform potential applicants for the Corps regarding service in

the Corps as an alternative to service in the Armed Forces.

(b) Secretary of Labor

Upon the establishment of the Program, the Secretary of Labor

shall identify and assist in establishing a system for the

recruitment of persons to serve as members of the Civilian

Community Corps. In carrying out this subsection, the Secretary of

Labor may utilize the Employment Service Agency or the Office of

Job Training.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 162, formerly Sec. 195K, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2531; renumbered Sec. 162 and amended Pub. L. 103-82,

title I, Sec. 104(b), (e)(2)(G), title IV, Sec. 402(b)(2), Sept.

21, 1993, 107 Stat. 840, 847, 919; Pub. L. 103-304, Sec.

3(b)(5)(C), Aug. 23, 1994, 108 Stat. 1567.)

-COD-

CODIFICATION

Section was formerly classified to section 12653k of this title

prior to renumbering by Pub. L. 103-82, Sec. 104(b).

-MISC1-

PRIOR PROVISIONS

A prior section 12622, Pub. L. 101-610, title I, Sec. 166, Nov.

16, 1990, 104 Stat. 3159; Pub. L. 102-384, Sec. 8, Oct. 5, 1992,

106 Stat. 1456, related to assistance for Head Start programs,

prior to repeal by Pub. L. 103-82, Sec. 104(a).

A prior section 162 of Pub. L. 101-610 was classified to section

12613 of this title prior to repeal by Pub. L. 103-82.

AMENDMENTS

1994 - Subsec. (a)(1)(B)(i). Pub. L. 103-304, which directed the

substitution of "section 1143a of title 10" for "section 4462 of

the National Defense Authorization Act for Fiscal Year 1993" in

subsec. (a)(1)(B)(ii) of this section, was executed by making the

substitution in subsec. (a)(1)(B)(i) of this section to reflect the

probable intent of Congress.

1993 - Subsec. (a)(2)(A). Pub. L. 103-82, Sec. 104(e)(2)(G),

substituted "section 12611(3)" for "section 12653(3)".

Subsec. (a)(2)(C). 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 104(b), (e)(2)(G) 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.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12615, 12616, 12619,

12621 of this title.

-End-

-CITE-

42 USC Sec. 12623 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. 12623. Advisory Board

-STATUTE-

(a) Establishment and purpose

Upon the establishment of the Program, there shall also be

established a Civilian Community Corps Advisory Board to advise the

Director concerning the administration of this division and to

assist in the development and administration of the Corps.

(b) Membership

The Advisory Board shall be composed of the following members:

(1) The Secretary of Labor.

(2) The Secretary of Defense.

(3) The Secretary of the Interior.

(4) The Secretary of Agriculture.

(5) The Secretary of Education.

(6) The Secretary of Housing and Urban Development.

(7) The Chief of the National Guard Bureau.

(8) Individuals appointed by the Director from among persons

who are broadly representative of educational institutions,

voluntary organizations, industry, youth, and labor unions.

(9) The Chief Executive Officer.

(c) Inapplicability of termination requirement

Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)

shall not apply to the Advisory Board.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 163, formerly Sec. 195L, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2532; renumbered Sec. 163 and amended Pub. L. 103-82,

title I, Sec. 104(b), title IV, Secs. 402(b)(3), 403(b), Sept. 21,

1993, 107 Stat. 840, 919, 920.)

-REFTEXT-

REFERENCES IN TEXT

Section 14 of the Federal Advisory Committee Act, referred to in

subsec. (c), is section 14 of Pub. L. 92-463, which is set out in

the Appendix to Title 5, Government Organization and Employees.

-COD-

CODIFICATION

Section was formerly classified to section 12653l of this title

prior to renumbering by Pub. L. 103-82.

-MISC1-

PRIOR PROVISIONS

A prior section 12623, Pub. L. 101-610, title I, Sec. 167, Nov.

16, 1990, 104 Stat. 3159, related to employer-based retiree

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

Sec. 104(a), Sept. 21, 1993, 107 Stat. 840.

A prior section 163 of Pub. L. 101-610 was classified to section

12614 of this title prior to repeal by Pub. L. 103-82.

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-82, Sec. 403(b), substituted

"Director" for "Director of the Civilian Community Corps".

Subsec. (b)(9). Pub. L. 103-82, Sec. 402(b)(3), substituted

"Chief Executive Officer" for "Chair of the Commission on National

and Community Service".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 402(b)(3) 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-

-CITE-

42 USC Sec. 12624 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. 12624. Annual evaluation

-STATUTE-

Pursuant to the provisions for evaluations conducted under

section 12639 of this title, and in particular subsection (g) of

such section, the Corporation shall conduct an annual evaluation of

the Civilian Community Corps programs authorized under this

division.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 164, formerly Sec. 195M, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2532; renumbered Sec. 164 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 12653m of this title

prior to renumbering by Pub. L. 103-82, Sec. 104(b).

-MISC1-

PRIOR PROVISIONS

A prior section 164 of Pub. L. 101-610 was classified to section

12615 of this title prior to repeal by Pub. L. 103-82, Sec. 104(a).

AMENDMENTS

1993 - 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-

-CITE-

42 USC Sec. 12625 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. 12625. Funding limitation

-STATUTE-

The Corporation, in consultation with the Director, shall ensure

that no amounts appropriated under section 12681 of this title are

utilized to carry out this division.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 165, formerly Sec. 195N, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2532; renumbered Sec. 165 and amended Pub. L. 103-82,

title I, Sec. 104(b), title IV, Sec. 402(b)(1), Sept. 21, 1993, 107

Stat. 840, 918.)

-COD-

CODIFICATION

Section was formerly classified to section 12653n of this title

prior to renumbering by Pub. L. 103-82, Sec. 104(b).

-MISC1-

PRIOR PROVISIONS

A prior section 165 of Pub. L. 101-610 was classified to section

12621 of this title prior to repeal by Pub. L. 103-82, Sec. 104(a).

AMENDMENTS

1993 - Pub. L. 103-82, Sec. 402(b)(1), substituted "Corporation"

for "Commission".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 402(b)(1) 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-

-CITE-

42 USC Sec. 12626 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. 12626. Definitions

-STATUTE-

In this division:

(1) Board

The term "Board" means the Board of Directors of the

Corporation.

(2) Corps

The terms "Civilian Community Corps" and "Corps" mean the

Civilian Community Corps required under section 12615 of this

title as part of the Civilian Community Corps Demonstration

Program.

(3) Corps camp

The term "Corps camp" means the facility or central location

established as the operational headquarters and boarding place

for particular Corps units.

(4) Corps members

The term "Corps members" means persons receiving training and

participating in projects under the Civilian Community Corps

Demonstration Program.

(5) Director

The term "Director" means the Director of the Civilian

Community Corps.

(6) Institution of higher education

The term "institution of higher education" has the meaning

given that term in section 1001 of title 20.

(7) Program

The terms "Civilian Community Corps Demonstration Program" and

"Program" mean the Civilian Community Corps Demonstration Program

established pursuant to section 12612 of this title.

(8) Service learning

The term "service learning", with respect to Corps members,

means a method -

(A) under which Corps members learn and develop through

active participation in thoughtfully organized service

experiences that meet actual community needs;

(B) that provides structured time for a Corps member to

think, talk, or write about what the Corps member did and saw

during an actual service activity;

(C) that provides Corps members with opportunities to use

newly acquired skills and knowledge in real life situations in

their own communities; and

(D) that helps to foster the development of a sense of caring

for others, good citizenship, and civic responsibility.

(9) Superintendent

The term "superintendent", with respect to a Corps camp, means

the head of the camp under section 12615(d) of this title.

(10) Unit

The term "unit" means a unit of the Corps referred to in

section 12615(c) of this title.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 166, formerly Sec. 195O, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2532; renumbered Sec. 166 and amended Pub. L. 103-82,

title I, Sec. 104(b), (e)(2)(H), title IV, Secs. 402(b)(2),

403(a)(4), Sept. 21, 1993, 107 Stat. 840, 847, 919; Pub. L.

105-244, title I, Sec. 102(a)(13)(L), Oct. 7, 1998, 112 Stat.

1621.)

-COD-

CODIFICATION

Section was formerly classified to section 12653o of this title

prior to renumbering by Pub. L. 103-82, Sec. 104(b).

-MISC1-

PRIOR PROVISIONS

A prior section 166 of Pub. L. 101-610 was classified to section

12622 of this title prior to repeal by Pub. L. 103-82, Sec. 104(a).

AMENDMENTS

1998 - Par. (6). Pub. L. 105-244 substituted "section 1001" for

"section 1141(a)".

1993 - Par. (1). Pub. L. 103-82, Sec. 402(b)(2), substituted

"Corporation" for "Commission on National and Community Service".

Par. (2). Pub. L. 103-82, Sec. 104(e)(2)(H)(i), substituted

"section 12615" for "section 12653d".

Par. (6). Pub. L. 103-82, Sec. 403(a)(4), which directed

amendment of par. (6) of this section by striking par. (6) and

redesignating par. (7) of this section as (6) was executed by

redesignating par. (7) of this section as (6) and striking out

former par. (6) which defined "Executive Director" as Executive

Director of Commission on National and Community Service, to

reflect the probable intent of Congress.

Par. (7). Pub. L. 103-82, Sec. 403(a)(4)(B), which directed

amendment of par. (6) of this section by redesignating par. (8) as

(7) was executed by redesignating par. (8) of this section as (7),

to reflect the probable intent of Congress. Former par. (7)

redesignated (6).

Par. (8). Pub. L. 103-82, Sec. 403(a)(4)(B), which directed

amendment of par. (6) of this section by redesignating par. (9) as

(8) was executed by redesignating par. (9) of this section as (8),

to reflect the probable intent of Congress. Former par. (8)

redesignated (7).

Pub. L. 103-82, Sec. 104(e)(2)(H)(ii), substituted "section

12612" for "section 12653a".

Par. (9). Pub. L. 103-82, Sec. 403(a)(4)(B), which directed

amendment of par. (6) of this section by redesignating par. (10) as

(9) was executed by redesignating par. (10) of this section as (9),

to reflect the probable intent of Congress. Former par. (9)

redesignated (8).

Par. (10). Pub. L. 103-82, Sec. 403(a)(4)(B), which directed

amendment of par. (6) of this section by redesignating par. (11) as

(10) was executed by redesignating par. (11) of this section as

(10), to reflect the probable intent of Congress. Former par. (10)

redesignated (9).

Pub. L. 103-82, Sec. 104(e)(2)(H)(iii), substituted "section

12615(d)" for "section 12653d(d)".

Par. (11). Pub. L. 103-82, Sec. 403(a)(4)(B), which directed

amendment of par. (6) of this section by redesignating par. (11) as

(10) was executed by redesignating par. (11) of this section as

(10), to reflect the probable intent of Congress.

Pub. L. 103-82, Sec. 104(e)(2)(H)(iv), substituted "section

12615(c)" for "section 12653d(c)".

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 section 104(b), (e)(2)(H) 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.

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-

-CITE-

42 USC Division F - Administrative 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 F - Administrative Provisions

-HEAD-

DIVISION F - ADMINISTRATIVE PROVISIONS

-End-

-CITE-

42 USC Sec. 12631 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 F - Administrative Provisions

-HEAD-

Sec. 12631. Family and medical leave

-STATUTE-

(a) Participants in private, State, and local projects

For purposes of title I of the Family and Medical Leave Act of

1993 [29 U.S.C. 2611 et seq.], if -

(1) a participant has provided service for the period required

by section 101(2)(A)(i) (29 U.S.C. 2611(2)(A)(i)), and has met

the hours of service requirement of section 101(2)(A)(ii), of

such Act with respect to a project; and

(2) the service sponsor of the project is an employer described

in section 101(4) of such Act (other than an employing agency

within the meaning of subchapter V of chapter 63 of title 5),

the participant shall be considered to be an eligible employee of

the service sponsor.

(b) Participants in Federal projects

For purposes of subchapter V of chapter 63 of title 5, if -

(1) a participant has provided service for the period required

by section 6381(1)(B) of such title with respect to a project;

and

(2) the service sponsor of the project is an employing agency

within the meaning of such subchapter,

the participant shall be considered to be an employee of the

service sponsor.

(c) Treatment of absence

The period of any absence of a participant from a service

position pursuant to title I of the Family and Medical Leave Act of

1993 [29 U.S.C. 2611 et seq.] or subchapter V of chapter 63 of

title 5 shall not be counted toward the completion of the term of

service of the participant under section 12593 of this title.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 171, Nov. 16, 1990, 104 Stat. 3159;

Pub. L. 103-82, title I, Sec. 113(a), Sept. 21, 1993, 107 Stat.

861.)

-REFTEXT-

REFERENCES IN TEXT

The Family and Medical Leave Act of 1993, referred to in subsecs.

(a) and (c), is Pub. L. 103-3, Feb. 5, 1993, 107 Stat. 6. Title I

of the Act is classified generally to subchapter I (Sec. 2611 et

seq.) of chapter 28 of Title 29, Labor. For complete classification

of this Act to the Code, see Short Title note set out under section

2601 of Title 29 and Tables.

-MISC1-

AMENDMENTS

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

provisions relating to family and medical leave for provisions

relating to limitation on number of grants under this subchapter.

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. 12632 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 F - Administrative Provisions

-HEAD-

Sec. 12632. Reports

-STATUTE-

(a) State reports

(1) In general

Each State receiving assistance under this subchapter shall

prepare and submit, to the Corporation, an annual report

concerning the use of assistance provided under this subchapter

and the status of the national and community service programs

that receive assistance under such subchapter in such State.

(2) Local grantees

Each State may require local grantees that receive assistance

under this subchapter to supply such information to the State as

is necessary to enable the State to complete the report required

under paragraph (1), including a comparison of actual

accomplishments with the goals established for the program, the

number of participants in the program, the number of service

hours generated, and the existence of any problems, delays or

adverse conditions that have affected or will affect the

attainment of program goals.

(3) Report demonstrating compliance

(A) In general

Each State receiving assistance under this subchapter shall

include information in the report required under paragraph (1)

that demonstrates the compliance of the State with the

provisions of this chapter, including section 12637 of this

title.

(B) Local grantees

Each State may require local grantees to supply such

information to the State as is necessary to enable the State to

comply with the requirement of paragraph (1).

(4) Availability of report

Reports submitted under paragraph (1) shall be made available

to the public on request.

(b) Report to Congress by Corporation

(1) In general

Not later than 120 days after the end of each fiscal year, the

Corporation shall prepare and submit, to the appropriate

authorizing and appropriation Committees of Congress, a report

concerning the programs that receive assistance under the

national service laws.

(2) Content

Reports submitted under paragraph (1) shall contain a summary

of the information contained in the State reports submitted under

subsection (a) of this section, and shall reflect the findings

and actions taken as a result of any evaluation conducted by the

Corporation.

(c) Report to Congress by Secretary of Defense

(1) Study

The Secretary of Defense shall annually conduct a study of the

effect of the programs carried out under this subchapter on

recruitment for the Armed Forces.

(2) Report

The Secretary of Defense shall annually submit a report to the

appropriate committees of Congress containing the findings of the

study described in paragraph (1) and such recommendations for

legislative and administrative reform as the Secretary may

determine to be appropriate.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 172, Nov. 16, 1990, 104 Stat. 3159;

Pub. L. 103-82, title I, Sec. 114, title IV, Sec. 402(b)(1), Sept.

21, 1993, 107 Stat. 861, 918.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a)(3)(A), was in the

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

Stat. 3127, as amended, known as the National and Community Service

Act of 1990, 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-

AMENDMENTS

1993 - Subsec. (a)(1). Pub. L. 103-82, Sec. 402(b)(1),

substituted "Corporation" for "Commission".

Subsec. (a)(3)(A). Pub. L. 103-82, Sec. 114(1), substituted

"section 12637" for "sections 12637 and 12523(9)".

Subsec. (b). Pub. L. 103-82, Sec. 114(2)(A), substituted "Report

to Congress by Corporation" for "Report to Congress" in heading.

Subsec. (b)(1). Pub. L. 103-82, Sec. 402(b)(1), substituted

"Corporation" for "Commission".

Pub. L. 103-82, Sec. 114(2)(B), substituted "the national service

laws" for "this subchapter".

Subsec. (b)(2). Pub. L. 103-82, Sec. 402(b)(1), substituted

"Corporation" for "Commission".

Subsec. (c). Pub. L. 103-82, Sec. 114(3), added subsec. (c).

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 114 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.

Amendment by section 402(b)(1) 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-

-CITE-

42 USC Sec. 12633 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 F - Administrative Provisions

-HEAD-

Sec. 12633. Supplementation

-STATUTE-

(a) In general

Assistance provided under this subchapter shall be used to

supplement the level of State and local public funds expended for

services of the type assisted under this subchapter in the previous

fiscal year.

(b) Aggregate expenditure

Subsection (a) of this section shall be satisfied, with respect

to a particular program, if the aggregate expenditure for such

program for the fiscal year in which services are to be provided

will not be less than the aggregate expenditure for such program in

the previous fiscal year, excluding the amount of Federal

assistance provided and any other amounts used to pay the remainder

of the costs of programs assisted under this subchapter.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 173, Nov. 16, 1990, 104 Stat.

3160.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12571 of this title.

-End-

-CITE-

42 USC Sec. 12634 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 F - Administrative Provisions

-HEAD-

Sec. 12634. Prohibition on use of funds

-STATUTE-

(a) Prohibited uses

No assistance made available under a grant under this subchapter

shall be used to provide religious instruction, conduct worship

services, or engage in any form of proselytization.

(b) Political activity

Assistance provided under this subchapter shall not be used by

program participants and program staff to -

(1) assist, promote, or deter union organizing; or

(2) finance, directly or indirectly, any activity designed to

influence the outcome of an election to Federal office or the

outcome of an election to a State or local public office.

(c) Contracts or collective bargaining agreements

A program that receives assistance under this subchapter shall

not impair existing contracts for services or collective bargaining

agreements.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 174, Nov. 16, 1990, 104 Stat.

3160.)

-End-

-CITE-

42 USC Sec. 12635 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 F - Administrative Provisions

-HEAD-

Sec. 12635. Nondiscrimination

-STATUTE-

(a) In general

(1) Basis

An individual with responsibility for the operation of a

project that receives assistance under this subchapter shall not

discriminate against a participant in, or member of the staff of,

such project on the basis of race, color, national origin, sex,

age, or political affiliation of such participant or member, or

on the basis of disability, if the participant or member is a

qualified individual with a disability.

(2) "Qualified individual with a disability" defined

As used in paragraph (1), the term "qualified individual with a

disability" has the meaning given the term in section 12111(8) of

this title.

(b) Federal financial assistance

Any assistance provided under this subchapter shall constitute

Federal financial assistance for purposes of title VI of the Civil

Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the

Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504

of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Age

Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and shall

constitute Federal financial assistance to an education program or

activity for purposes of the Education Amendments of 1972 (20

U.S.C. 1681 et seq.).

(c) Religious discrimination

(1) In general

Except as provided in paragraph (2), an individual with

responsibility for the operation of a project that receives

assistance under this subchapter shall not discriminate on the

basis of religion against a participant in such project or a

member of the staff of such project who is paid with funds

received under this subchapter.

(2) Exception

Paragraph (1) shall not apply to the employment, with

assistance provided under this subchapter, of any member of the

staff, of a project that receives assistance under this

subchapter, who was employed with the organization operating the

project on the date the grant under this subchapter was awarded.

(d) Rules and regulations

The Chief Executive Officer shall promulgate rules and

regulations to provide for the enforcement of this section that

shall include provisions for summary suspension of assistance for

not more than 30 days, on an emergency basis, until notice and an

opportunity to be heard can be provided.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 175, Nov. 16, 1990, 104 Stat. 3161;

Pub. L. 103-82, title I, Sec. 115, Sept. 21, 1993, 107 Stat. 862.)

-REFTEXT-

REFERENCES IN TEXT

The Civil Rights Act of 1964, referred to in subsec. (b), is Pub.

L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the

Act is classified generally to subchapter V (Sec. 2000d et seq.) of

chapter 21 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 2000a of

this title and Tables.

The Education Amendments of 1972, referred to in subsec. (b), is

Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended. Title IX

of the Act, known as the Patsy Takemoto Mink Equal Opportunity in

Education Act, is classified principally to chapter 38 (Sec. 1681

et seq.) of Title 20, Education. For complete classification of

title IX to the Code, see Short Title note set out under section

1681 of Title 20 and Tables.

The Age Discrimination Act of 1975, referred to in subsec. (b),

is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 728, as

amended, which is classified generally to chapter 76 (Sec. 6101 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 6101 of this title

and Tables.

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-82 amended section generally, making revisions

relating to discrimination based on disability, the laws for which

assistance under this subchapter constitutes Federal financial

assistance, and the responsibility for promulgating regulations.

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 12511, 12592 of this

title.

-End-

-CITE-

42 USC Sec. 12636 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 F - Administrative Provisions

-HEAD-

Sec. 12636. Notice, hearing, and grievance procedures

-STATUTE-

(a) In general

(1) Suspension of payments

The Corporation may in accordance with the provisions of this

subchapter, suspend or terminate payments under a contract or

grant providing assistance under this subchapter, or revoke the

designation of positions, related to the grant or contract, as

approved national service positions, whenever the Corporation

determines there is a material failure to comply with this

subchapter or the applicable terms and conditions of any such

grant or contract issued pursuant to this subchapter.

(2) Procedures to ensure assistance

The Corporation shall prescribe procedures to ensure that -

(A) assistance provided under this subchapter shall not be

suspended for failure to comply with the applicable terms and

conditions of this subchapter except, in emergency situations,

a suspension may be granted for 30 days; and

(B) assistance provided under this subchapter shall not be

terminated or revoked for failure to comply with applicable

terms and conditions of this subchapter unless the recipient of

such assistance has been afforded reasonable notice and

opportunity for a full and fair hearing.

(b) Hearings

Hearings or other meetings that may be necessary to fulfill the

requirements of this section shall be held at locations convenient

to the recipient of assistance under this subchapter.

(c) Transcript or recording

A transcript or recording shall be made of a hearing conducted

under this section and shall be available for inspection by any

individual.

(d) State legislation

Nothing in this subchapter shall be construed to preclude the

enactment of State legislation providing for the implementation,

consistent with this subchapter, of the programs administered under

this subchapter.

(e) Construction

Nothing in this subchapter shall be construed to link performance

of service with receipt of Federal student financial assistance,

other than assistance provided pursuant to this chapter.

(f) Grievance procedure

(1) In general

A State or local applicant that receives assistance under this

subchapter shall establish and maintain a procedure for the

filing and adjudication of grievances from participants, labor

organizations, and other interested individuals concerning

projects that receive assistance under this subchapter, including

grievances regarding proposed placements of such participants in

such projects.

(2) Deadline for grievances

Except for a grievance that alleges fraud or criminal activity,

a grievance shall be made not later than 1 year after the date of

the alleged occurrence of the event that is the subject of the

grievance.

(3) Deadline for hearing and decision

(A) Hearing

A hearing on any grievance conducted under this subsection

shall be conducted not later than 30 days after the filing of

such grievance.

(B) Decision

A decision on any such grievance shall be made not later than

60 days after the filing of such grievance.

(4) Arbitration

(A) In general

(i) Jointly selected arbitrator

In the event of a decision on a grievance that is adverse

to the party who filed such grievance, or 60 days after the

filing of such grievance if no decision has been reached,

such party shall be permitted to submit such grievance to

binding arbitration before a qualified arbitrator who is

jointly selected and independent of the interested parties.

(ii) Appointed arbitrator

If the parties cannot agree on an arbitrator, the Chief

Executive Officer shall appoint an arbitrator from a list of

qualified arbitrators within 15 days after receiving a

request for such appointment from one of the parties to the

grievance.

(B) Deadline for proceeding

An arbitration proceeding shall be held not later than 45

days after the request for such arbitration proceeding, or, if

the arbitrator is appointed by the Chief Executive Officer in

accordance with subparagraph (A)(ii), not later than 30 days

after the appointment of such arbitrator.

(C) Deadline for decision

A decision concerning a grievance shall be made not later

than 30 days after the date such arbitration proceeding begins.

(D) Cost

(i) In general

Except as provided in clause (ii), the cost of an

arbitration proceeding shall be divided evenly between the

parties to the arbitration.

(ii) Exception

If a participant, labor organization, or other interested

individual described in paragraph (1) prevails under a

binding arbitration proceeding, the State or local applicant

described in paragraph (1) that is a party to such grievance

shall pay the total cost of such proceeding and the

attorneys' fees of such participant, labor organization, or

individual, as the case may be.

(5) Proposed placement

If a grievance is filed regarding a proposed placement of a

participant in a project that receives assistance under this

subchapter, such placement shall not be made unless the placement

is consistent with the resolution of the grievance pursuant to

this subsection.

(6) Remedies

Remedies for a grievance filed under this subsection include -

(A) suspension of payments for assistance under this

subchapter;

(B) termination of such payments;

(C) prohibition of the placement described in paragraph (5);

and

(D) in a case in which the grievance involves a violation of

subsection (a) or (b) of section 12637 of this title and the

employer of the displaced employee is the recipient of

assistance under this subchapter -

(i) reinstatement of the displaced employee to the position

held by such employee prior to displacement;

(ii) payment of lost wages and benefits of the displaced

employee;

(iii) reestablishment of other relevant terms, conditions,

and privileges of employment of the displaced employee; and

(iv) such equitable relief as is necessary to correct any

violation of subsection (a) or (b) of section 12637 of this

title or to make the displaced employee whole.

(7) Enforcement

Suits to enforce arbitration awards under this section may be

brought in any district court of the United States having

jurisdiction of the parties, without regard to the amount in

controversy and without regard to the citizenship of the parties.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 176, Nov. 16, 1990, 104 Stat. 3161;

Pub. L. 103-82, title I, Sec. 116, title IV, Sec. 402(b)(1), Sept.

21, 1993, 107 Stat. 863, 918.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a)(1). Pub. L. 103-82, Sec. 402(b)(1),

substituted "Corporation" for "Commission" in two places.

Pub. L. 103-82, Sec. 116(a)(1), inserted ", or revoke the

designation of positions, related to the grant or contract, as

approved national service positions," after "assistance under this

subchapter".

Subsec. (a)(2). Pub. L. 103-82, Sec. 402(b)(1), substituted

"Corporation" for "Commission" in introductory provisions.

Subsec. (a)(2)(B). Pub. L. 103-82, Sec. 116(a)(2), inserted "or

revoked" after "terminated".

Subsec. (e). Pub. L. 103-82, Sec. 116(b), inserted before period

at end ", other than assistance provided pursuant to this chapter".

Subsec. (f). Pub. L. 103-82, Sec. 116(c), amended subsec. (f)

generally, substituting pars. (1) to (6) for former pars. (1) to

(6) relating to same subjects and adding par. (7).

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 116 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.

Amendment by section 402(b)(1) 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12525, 12526, 12544,

12561, 12583, 12651d, 12653c of this title.

-End-

-CITE-

42 USC Sec. 12637 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 F - Administrative Provisions

-HEAD-

Sec. 12637. Nonduplication and nondisplacement

-STATUTE-

(a) Nonduplication

(1) In general

Assistance provided under this subchapter shall be used only

for a program that does not duplicate, and is in addition to, an

activity otherwise available in the locality of such program.

(2) Private nonprofit entity

Assistance made available under this subchapter shall not be

provided to a private nonprofit entity to conduct activities that

are the same or substantially equivalent to activities provided

by a State or local government agency that such entity resides

in, unless the requirements of subsection (b) of this section are

met.

(b) Nondisplacement

(1) In general

An employer shall not displace an employee or position,

including partial displacement such as reduction in hours, wages,

or employment benefits, as a result of the use by such employer

of a participant in a program receiving assistance under this

subchapter.

(2) Service opportunities

A service opportunity shall not be created under this

subchapter that will infringe in any manner on the promotional

opportunity of an employed individual.

(3) Limitation on services

(A) Duplication of services

A participant in a program receiving assistance under this

subchapter shall not perform any services or duties or engage

in activities that would otherwise be performed by an employee

as part of the assigned duties of such employee.

(B) Supplantation of hiring

A participant in any program receiving assistance under this

subchapter shall not perform any services or duties, or engage

in activities, that -

(i) will supplant the hiring of employed workers; or

(ii) are services, duties, or activities with respect to

which an individual has recall rights pursuant to a

collective bargaining agreement or applicable personnel

procedures.

(C) Duties formerly performed by another employee

A participant in any program receiving assistance under this

subchapter shall not perform services or duties that have been

performed by or were assigned to any -

(i) presently employed worker;

(ii) employee who recently resigned or was discharged;

(iii) employee who -

(I) is subject to a reduction in force; or

(II) has recall rights pursuant to a collective

bargaining agreement or applicable personnel procedures;

(iv) employee who is on leave (terminal, temporary,

vacation, emergency, or sick); or

(v) employee who is on strike or who is being locked out.

(c) Labor market information

The Secretary of Labor shall make available to the Corporation

and to any program agency under this subchapter such labor market

information as is appropriate for use in carrying out the purposes

of this subchapter.

(d) Treatment of benefits

Allowances, earnings, and payments to individuals participating

in programs that receive assistance under this subchapter shall not

be considered to be income for the purposes of determining

eligibility for and the amount of income transfer and in-kind aid

furnished under any Federal or federally assisted program based on

need, other than as provided under the Social Security Act (42

U.S.C. 301 et seq.).

(e) Standards of conduct

Programs that receive assistance under this subchapter shall

establish and stringently enforce standards of conduct at the

program site to promote proper moral and disciplinary conditions.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 177, Nov. 16, 1990, 104 Stat. 3163;

Pub. L. 103-82, title I, Sec. 117, title IV, Sec. 402(b)(1), Sept.

21, 1993, 107 Stat. 864, 918; Pub. L. 105-277, div. A, Sec. 101(f)

[title VIII, Sec. 405(d)(42)(A)], Oct. 21, 1998, 112 Stat.

2681-337, 2681-427.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (d), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified

generally to chapter 7 (Sec. 301 et seq.) of this title. For

complete classification of this Act to the Code, see section 1305

of this title and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (d). Pub. L. 105-277 amended heading and text of

subsec. (d) generally. Prior to amendment, text read as follows:

"Section 142(b) of the Job Training Partnership Act shall apply to

the projects conducted under this subchapter as such projects were

conducted under the Job Training Partnership Act."

1993 - Subsec. (b)(3)(B). Pub. L. 103-82, Sec. 117(1), amended

heading and text of subpar. (B) generally. Prior to amendment, text

read as follows: "A participant in any program receiving assistance

under this subchapter shall not perform any services or duties or

engage in activities that will supplant the hiring of employed

workers."

Subsec. (b)(3)(C)(iii). Pub. L. 103-82, Sec. 117(2), amended cl.

(iii) generally. Prior to amendment, cl. (iii) read as follows:

"employee who is subject to a reduction in force;".

Subsec. (c). Pub. L. 103-82, Sec. 402(b)(1), substituted

"Corporation" for "Commission".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 117 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.

Amendment by section 402(b)(1) 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12525, 12526, 12544,

12561, 12583, 12632, 12636, 12653c, 12656 of this title; title 16

section 1728.

-End-

-CITE-

42 USC Sec. 12638 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 F - Administrative Provisions

-HEAD-

Sec. 12638. State Commissions on National and Community Service

-STATUTE-

(a) Existence required

(1) State Commission

Except as provided in paragraph (2), to be eligible to receive

a grant or allotment under division B or C of this subchapter or

to receive a distribution of approved national service positions

under division C of this subchapter, a State shall maintain a

State Commission on National and Community Service that satisfies

the requirements of this section.

(2) Alternative administrative entity

The chief executive officer of a State may apply to the

Corporation for approval to use an alternative administrative

entity to carry out the duties otherwise entrusted to a State

Commission under this chapter. The chief executive officer shall

ensure that any alternative administrative entity used in lieu of

a State Commission provides for the individuals described in

paragraph (1), and some of the individuals described in paragraph

(2), of subsection (c) of this section to play a significant

policymaking role in carrying out the duties otherwise entrusted

to a State Commission, including the submission of applications

on behalf of the State under sections 12543 and 12582 of this

title.

(b) Appointment and size

Except as provided in subsection (c)(3) of this section, the

members of a State Commission for a State shall be appointed by the

chief executive officer of the State. A State Commission shall

consist of not fewer than 15, and not more than 25, voting members,

and any ex officio nonvoting members, as described in paragraph (3)

or (4) of subsection (c) of this section.

(c) Composition and membership

(1) Required members

The State Commission for a State shall include as voting

members at least one of each of the following individuals:

(A) An individual with expertise in the educational,

training, and development needs of youth, particularly

disadvantaged youth.

(B) An individual with experience in promoting the

involvement of older adults in service and voluntarism.

(C) A representative of community-based agencies or

community-based organizations within the State.

(D) The head of the State educational agency.

(E) A representative of local governments in the State.

(F) A representative of local labor organizations in the

State.

(G) A representative of business.

(H) An individual between the ages of 16 and 25 who is a

participant or supervisor in a program.

(I) A representative of a national service program described

in section 12572(a) of this title, such as a youth corps

program described in section 12572(a)(2) of this title.

(2) Sources of other members

The State Commission for a State may include as voting members

the following individuals:

(A) Members selected from among local educators.

(B) Members selected from among experts in the delivery of

human, educational, environmental, or public safety services to

communities and persons.

(C) Representatives of Indian tribes.

(D) Members selected from among out-of-school youth or other

at-risk youth.

(E) Representatives of entities that receive assistance under

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

seq.).

(3) Corporation representative

The representative of the Corporation designated under section

12651f(c) of this title for a State shall be an ex officio

nonvoting member of the State Commission or alternative

administrative entity for that State, unless the State permits

the representative to serve as a voting member of the State

Commission or alternative administrative entity.

(4) Ex officio State representatives

The chief executive officer of a State may appoint, as ex

officio nonvoting members of the State Commission for the State,

representatives selected from among officers and employees of

State agencies operating community service, youth service,

education, social service, senior service, and job training

programs.

(5) Limitation on number of State employees as members

The number of voting members of a State Commission selected

under paragraph (1) or (2) who are officers or employees of the

State may not exceed 25 percent (reduced to the nearest whole

number) of the total membership of the State Commission.

(d) Miscellaneous matters

(1) Membership balance

The chief executive officer of a State shall ensure, to the

maximum extent practicable, that the membership of the State

Commission for the State is diverse with respect to race,

ethnicity, age, gender, and disability characteristics. Not more

than 50 percent of the voting members of a State Commission, plus

one additional member, may be from the same political party.

(2) Terms

Each member of the State Commission for a State shall serve for

a term of 3 years, except that the chief executive officer of a

State shall initially appoint a portion of the members to terms

of 1 year and 2 years.

(3) Vacancies

If a vacancy occurs on a State Commission, a new member shall

be appointed by the chief executive officer of the State and

serve for the remainder of the term for which the predecessor of

such member was appointed. The vacancy shall not affect the power

of the remaining members to execute the duties of the State

Commission.

(4) Compensation

A member of a State Commission or alternative administrative

entity shall not receive any additional compensation by reason of

service on the State Commission or alternative administrative

entity, except that the State may authorize the reimbursement of

travel expenses, including a per diem in lieu of subsistence, in

the same manner as other employees serving intermittently in the

service of the State.

(5) Chairperson

The voting members of a State Commission shall elect one of the

voting members to serve as chairperson of the State Commission.

(6) Limitation on member participation

(A) General limitation

Except as provided in subparagraph (B), a voting member of

the State Commission (or of an alternative administrative

entity) shall not participate in the administration of the

grant program (including any discussion or decision regarding

the provision of assistance or approved national service

positions, or the continuation, suspension, or termination of

such assistance or such positions, to any program or entity)

described in subsection (e)(9) of this section if -

(i) a grant application relating to such program is pending

before the Commission (or such entity); and

(ii) the application was submitted by a program or entity

of which such member is, or in the 1-year period before the

submission of such application was, an officer, director,

trustee, full-time volunteer, or employee.

(B) Exception

If, as a result of the operation of subparagraph (A), the

number of voting members of the Commission (or of such entity)

is insufficient to establish a quorum for the purpose of

administering such program, then voting members excluded from

participation by subparagraph (A) may participate in the

administration of such program, notwithstanding the limitation

in subparagraph (A), to the extent permitted by regulations

issued under section 12651d(b)(11) of this title by the

Corporation.

(C) Rule of construction

Subparagraph (A) shall not be construed to limit the

authority of any voting member of the Commission (or of such

entity) to participate in -

(i) discussion of, and hearing and forums on -

(I) the general duties, policies, and operations of the

Commission (or of such entity); or

(II) the general administration of such program; or

(ii) similar general matters relating to the Commission (or

such entity).

(e) Duties of a State Commission

The State Commission or alternative administrative entity for a

State shall be responsible for the following duties:

(1) Preparation of a national service plan for the State that -

(A) is developed through an open and public process (such as

through regional forums, hearings, and other means) that

provides for maximum participation and input from national

service programs within the State and other interested members

of the public;

(B) covers a 3-year period;

(C) is updated annually;

(D) ensures outreach to diverse community-based agencies that

serve underrepresented populations, by -

(i) using established networks, and registries, at the

State level; or

(ii) establishing such networks and registries; and

(E) contains such information as the State Commission

considers to be appropriate or as the Corporation may require.

(2) Preparation of the applications of the State under sections

12543 and 12582 of this title for financial assistance.

(3) Assistance in the preparation of the application of the

State educational agency for assistance under section 12525 of

this title.

(4) Preparation of the application of the State under section

12582 of this title for the approval of service positions that

include the national service educational award described in

division D of this subchapter.

(5) Make recommendations to the Corporation with respect to

priorities for programs receiving assistance under the Domestic

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

(6) Make technical assistance available to enable applicants

for assistance under section 12571 of this title -

(A) to plan and implement service programs; and

(B) to apply for assistance under the national service laws

using, if appropriate, information and materials available

through a clearinghouse established under section 12653a of

this title.

(7) Assistance in the provision of health care and child care

benefits under section 12594 of this title to participants in

national service programs that receive assistance under section

12571 of this title.

(8) Development of a State system for the recruitment and

placement of participants in programs that receive assistance

under the national service laws and dissemination of information

concerning national service programs that receive such assistance

or approved national service positions.

(9) Administration of the grant program in support of national

service programs that is conducted by the State using assistance

provided to the State under section 12571 of this title,

including selection, oversight, and evaluation of grant

recipients.

(10) Development of projects, training methods, curriculum

materials, and other materials and activities related to national

service programs that receive assistance directly from the

Corporation (to be made available in a case in which such a

program requests such a project, method, material, or activity)

or from the State using assistance provided under section 12571

of this title, for use by programs that request such projects,

methods, materials, and activities.

(f) Activity ineligible for assistance

A State Commission or alternative administrative entity may not

directly carry out any national service program that receives

assistance under section 12571 of this title.

(g) Delegation

Subject to such requirements as the Corporation may prescribe, a

State Commission may delegate nonpolicymaking duties to a State

agency or public or private nonprofit organization.

(h) Approval of State Commission or alternative

(1) Submission to Corporation

The chief executive officer for a State shall notify the

Corporation of the establishment or designation of the State

Commission or use of an alternative administrative entity for the

State. The notification shall include a description of -

(A) the composition and membership of the State Commission or

alternative administrative entity; and

(B) the authority of the State Commission or alternative

administrative entity regarding national service activities

carried out by the State.

(2) Approval of alternative administrative entity

Any designation of a State Commission or use of an alternative

administrative entity to carry out the duties of a State

Commission shall be subject to the approval of the Corporation,

which shall not be unreasonably withheld. The Corporation shall

approve an alternative administrative entity if such entity

provides for individuals described in paragraph (1), and some of

the individuals described in paragraph (2), of subsection (c) of

this section to play a significant policymaking role in carrying

out the duties otherwise entrusted to a State Commission,

including the duties described in paragraphs (1) through (4) of

subsection (e) of this section.

(3) Rejection

The Corporation may reject a State Commission if the

Corporation determines that the composition, membership, or

duties of the State Commission do not comply with the

requirements of this section. The Corporation may reject a

request to use an alternative administrative entity in lieu of a

State Commission if the Corporation determines that the entity

does not provide for the individuals described in paragraph (1),

and some of the individuals described in paragraph (2), of

subsection (c) of this section to play a significant policymaking

role as described in paragraph (2). If the Corporation rejects a

State Commission or alternative administrative entity under this

paragraph, the Corporation shall promptly notify the State of the

reasons for the rejection.

(4) Resubmission and reconsideration

The Corporation shall provide a State notified under paragraph

(3) with a reasonable opportunity to revise the rejected State

Commission or alternative administrative entity. At the request

of the State, the Corporation shall provide technical assistance

to the State as part of the revision process. The Corporation

shall promptly reconsider any resubmission of a notification

under paragraph (1) or application to use an alternative

administrative entity under paragraph (2).

(5) Subsequent changes

This subsection shall also apply to any change in the

composition or duties of a State Commission or an alternative

administrative entity made after approval of the State Commission

or the alternative administrative entity.

(6) Rights

An alternative administrative entity approved by the

Corporation under this subsection shall have the same rights as a

State Commission.

(i) Coordination

(1) Coordination with other State agencies

The State Commission or alternative administrative entity for a

State shall coordinate the activities of the Commission or entity

under this chapter with the activities of other State agencies

that administer Federal financial assistance programs under the

Community Services Block Grant Act (42 U.S.C. 9901 et seq.) or

other appropriate Federal financial assistance programs.

(2) Coordination with volunteer service programs

(A) In general

The State Commission or alternative administrative entity for

a State shall coordinate functions of the Commission or entity

(including recruitment, public awareness, and training

activities) with such functions of any division of the

Corporation that carries out volunteer service programs in the

State.

(B) Agreement

In coordinating functions under this paragraph, such

Commission or entity, and such division, may enter into an

agreement to -

(i) carry out such a function jointly;

(ii) to (!1) assign responsibility for such a function to

the Commission or entity; or

(iii) to (!1) assign responsibility for such a function to

the division.

(C) Information

The State Commission or alternative entity for a State, and

the head of any such division, shall exchange information about

-

(i) the programs carried out in the State by the

Commission, entity, or division, as appropriate; and

(ii) opportunities to coordinate activities.

(j) Liability

(1) Liability of State

Except as provided in paragraph (2)(B), a State shall agree to

assume liability with respect to any claim arising out of or

resulting from any act or omission by a member of the State

Commission or alternative administrative entity of the State,

within the scope of the service of the member on the State

Commission or alternative administrative entity.

(2) Other claims

(A) In general

A member of the State Commission or alternative

administrative entity shall have no personal liability with

respect to any claim arising out of or resulting from any act

or omission by such person, within the scope of the service of

the member on the State Commission or alternative

administrative entity.

(B) Limitation

This paragraph shall not be construed to limit personal

liability for criminal acts or omissions, willful or malicious

misconduct, acts or omissions for private gain, or any other

act or omission outside the scope of the service of such member

on the State Commission or alternative administrative entity.

(3) Effect on other law

This subsection shall not be construed -

(A) to affect any other immunities and protections that may

be available to such member under applicable law with respect

to such service;

(B) to affect any other right or remedy against the State

under applicable law, or against any person other than a member

of the State Commission or alternative administrative entity;

or

(C) to limit or alter in any way the immunities that are

available under applicable law for State officials and

employees not described in this subsection.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 178, as added and amended Pub. L.

103-82, title II, Sec. 201(a), title IV, Sec. 405(p)(1), Sept. 21,

1993, 107 Stat. 867, 922.)

-REFTEXT-

REFERENCES IN TEXT

The Domestic Volunteer Service Act of 1973, referred to in

subsecs. (c)(2)(E) and (e)(5), 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 Community Services Block Grant Act, referred to in subsec.

(i)(1), is subtitle B (Sec. 671 et seq.) of title VI of Pub. L.

97-35, Aug. 13, 1981, 95 Stat. 511, as amended, which is classified

generally to chapter 106 (Sec. 9901 et seq.) of this title. For

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

note set out under section 9901 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 12638, Pub. L. 101-610, title I, Sec. 178, Nov.

16, 1990, 104 Stat. 3164; Pub. L. 102-10, Sec. 8(1), Mar. 12, 1991,

105 Stat. 31, provided that States applying for assistance under

this subchapter be encouraged to establish a State Advisory Board

for National and Community Service and set out additional

provisions for membership and duties of such boards, prior to

repeal by Pub. L. 103-82, Sec. 201(a).

AMENDMENTS

1993 - Subsec. (i)(2)(A). Pub. L. 103-82, Sec. 405(p)(1),

substituted "the Corporation" for "ACTION, or of the Corporation,"

before "that carries out".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 405(p)(1) of Pub. L. 103-82 effective Apr.

4, 1994, see section 406(b) of Pub. L. 103-82, set out as a note

under section 8332 of Title 5, Government Organization and

Employees.

EFFECTIVE DATE

Section 201(c) of Pub. L. 103-82 provided that: "The amendments

made by this section [enacting this section and repealing former

section 12638 of this title] shall take effect on October 1, 1993."

TRANSITIONAL PROVISIONS

Section 201(d) of Pub. L. 103-82 provided that:

"(1) Use of alternatives to state commission. - If a State does

not have a State Commission on National and Community Service that

satisfies the requirements specified in section 178 of the National

and Community Service Act of 1990 [42 U.S.C. 12638], as amended by

subsection (a), the Corporation for National and Community Service

may authorize the chief executive officer of the State to use an

existing agency of the State to perform the duties otherwise

reserved to a State Commission under subsection (e) of such

section.

"(2) Application of subsection. - This subsection shall apply

only during the 27-month period beginning on the date of the

enactment of this Act [Sept. 21, 1993]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5011, 12511, 12572,

12576, 12651d, 12651f, 12651h of this title.

-FOOTNOTE-

(!1) So in original. The word "to" probably should not appear.

-End-

-CITE-

42 USC Sec. 12639 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 F - Administrative Provisions

-HEAD-

Sec. 12639. Evaluation

-STATUTE-

(a) In general

The Corporation shall provide, through grants or contracts, for

the continuing evaluation of programs that receive assistance under

the national service laws, including evaluations that measure the

impact of such programs, to determine -

(1) the effectiveness of various program models in achieving

stated goals and the costs associated with such;

(2) with respect to the programs authorized under division C of

this subchapter, the impact of such programs, in each State in

which a program is conducted, on the ability of -

(A) the VISTA and National Senior Volunteer Corps programs

(established under the Domestic Volunteer Services (!1) Act of

1973 (42 U.S.C. 4950 et seq.));

(B) each regular component of the Armed Forces (as defined in

section 101(a)(4) of title 10);

(C) each of the reserve components of the Armed Forces (as

described in section 10101 of title 10); and

(D) the Peace Corps (as established by the Peace Corps Act

(22 U.S.C. 2501 et seq.));

to recruit individuals residing in such State to serve in such

program; and

(3) the structure and mechanisms for delivery of services for

such programs.

(b) Comparisons

The Corporation shall provide for inclusion in the evaluations

required under subsection (a) of this section, where appropriate,

comparisons of participants in such programs with individuals who

have not participated in such programs.

(c) Conducting evaluations

Evaluations of programs under subsection (a) of this section

shall be conducted by individuals who are not directly involved in

the administration of such program.

(d) Standards

The Corporation shall develop and publish general standards for

the evaluation of program effectiveness in achieving the objectives

of the national service laws.

(e) Community participation

In evaluating a program receiving assistance under the national

service laws, the Corporation shall consider the opinions of

participants and members of the communities where services are

delivered concerning the strengths and weaknesses of such program.

(f) Comparison of program models

The Corporation shall evaluate and compare the effectiveness of

different program models in meeting the program objectives

described in subsection (g) of this section including full- and

part-time programs, programs involving different types of national

service, programs using different recruitment methods, programs

offering alternative voucher or post-service benefit options, and

programs utilizing individual placements and teams.

(g) Program objectives

The Corporation shall ensure that programs that receive

assistance under division C of this subchapter are evaluated to

determine their effectiveness in -

(1) recruiting and enrolling diverse participants in such

programs, consistent with the requirements of section 12575 (!2)

of this title, based on economic background, race, ethnicity,

age, marital status, education levels, and disability;

(2) promoting the educational achievement of each participant

in such programs, based on earning a high school diploma or the

equivalent of such diploma and the future enrollment and

completion of increasingly higher levels of education;

(3) encouraging each participant to engage in public and

community service after completion of the program based on career

choices and service in other service programs such as the

Volunteers in Service to America Program and National Senior

Volunteer Corps programs established under the Domestic Volunteer

Service Act of 1973 (42 U.S.C. 4950 et seq.), the Peace Corps (as

established by the Peace Corps Act (22 U.S.C. 2501 et seq.)), the

military, and part-time volunteer service;

(4) promoting of positive attitudes among each participant

regarding the role of such participant in solving community

problems based on the view of such participant regarding the

personal capacity of such participant to improve the lives of

others, the responsibilities of such participant as a citizen and

community member, and other factors;

(5) enabling each participant to finance a lesser portion of

the higher education of such participant through student loans;

(6) providing services and projects that benefit the community;

(7) supplying additional volunteer assistance to community

agencies without overloading such agencies with more volunteers

than can effectively be utilized;

(8) providing services and activities that could not otherwise

be performed by employed workers and that will not supplant the

hiring of, or result in the displacement of, employed workers or

impair the existing contracts of such workers; and

(9) attracting a greater number of citizens to public service,

including service in the active and reserve components of the

Armed Forces, the National Guard, the Peace Corps (as established

by the Peace Corps Act (22 U.S.C. 2501 et seq.)), and the VISTA

and National Senior Volunteer Corps programs established under

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

seq.).

(h) Obtaining information

(1) In general

In conducting the evaluations required under this section, the

Corporation may require each program participant and State or

local applicant to provide such information as may be necessary

to carry out the requirements of this section.

(2) Confidentiality

(A) In general

The Corporation shall maintain the confidentiality of

information acquired under this subsection regarding individual

participants.

(B) Disclosure

(i) Consent

The content of any information described in subparagraph

(A) may be disclosed with the prior written consent of the

individual participant with respect to whom the information

is maintained.

(ii) Aggregate information

The Corporation may disclose information about the

aggregate characteristics of such participants.

(i) Independent evaluation and report of demographics of national

service participants and communities

(1) Independent evaluation

(A) In general

The Corporation shall, on an annual basis, arrange for an

independent evaluation of the programs assisted under division

C of this subchapter.

(B) Participants

(i) In general

The entity conducting such evaluation shall determine the

demographic characteristics of the participants in such

programs.

(ii) Characteristics

The entity shall determine, for the year covered by the

evaluation, the total number of participants in the programs,

and the number of participants within the programs in each

State, by sex, age, economic background, education level,

ethnic group, disability classification, and geographic

region.

(iii) Categories

The Corporation shall determine appropriate categories for

analysis of each of the characteristics referred to in clause

(ii) for purposes of such an evaluation.

(C) Communities

In conducting the evaluation, the entity shall determine the

amount of assistance provided under section 12571 of this title

during the year that has been expended for projects conducted

under the programs in areas described in section 12585(c)(6) of

this title.

(2) Report

The entity conducting the evaluation shall submit a report to

the President, Congress, the Corporation, and each State

Commission containing the results of the evaluation -

(A) with respect to the evaluation covering the year

beginning on September 21, 1993, not later than 18 months after

September 21, 1993; and

(B) with respect to the evaluation covering each subsequent

year, not later than 18 months after the first day of each such

year.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 179, Nov. 16, 1990, 104 Stat. 3164;

Pub. L. 102-384, Secs. 4, 9, Oct. 5, 1992, 106 Stat. 1455, 1456;

Pub. L. 103-82, title I, Sec. 118, title II, Sec. 203(a)(1)(A),

title IV, Sec. 402(b)(1), Sept. 21, 1993, 107 Stat. 865, 891, 918;

Pub. L. 103-160, div. A, title XI, Sec. 1182(d)(4), Nov. 30, 1993,

107 Stat. 1773; Pub. L. 104-106, div. A, title XV, Sec. 1501(e)(5),

Feb. 10, 1996, 110 Stat. 501.)

-REFTEXT-

REFERENCES IN TEXT

The Peace Corps Act, referred to in subsecs. (a)(2)(D) and

(g)(3), (9), is Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as

amended, which is classified principally to chapter 34 (Sec. 2501

et seq.) of Title 22, Foreign Relations and Intercourse. For

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

note set out under section 2501 of Title 22 and Tables.

Section 12575 of this title, referred to in subsec. (g)(1), was

in the original a reference to section 145 of Pub. L. 101-610.

Section 145 of Pub. L. 101-610 was 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, title I, Sec. 102(a), Sept. 21,

1993, 107 Stat. 816. Pub. L. 103-82 enacted a new section 125 of

Pub. L. 101-610, relating to training and technical assistance, and

a new section 145, relating to establishment of the National

Service Trust, which are classified to sections 12575 and sections

12601, respectively, of this title. Provisions relating to the

eligibility of individuals for participation in national service

programs are now contained in section 12591 et seq. of this title.

The Domestic Volunteer Service Act of 1973, referred to in

subsec. (g)(3), (9), 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.

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(2)(C). Pub. L. 104-106 substituted "section

10101 of title 10" for "section 216(a) of title 5".

1993 - Subsec. (a). Pub. L. 103-82, Sec. 402(b)(1), substituted

"Corporation" for "Commission" in introductory provisions.

Pub. L. 103-82, Sec. 203(a)(1)(A), substituted "the national

service laws" for "this subchapter" in introductory provisions.

Subsec. (a)(2). Pub. L. 103-82, Sec. 118(1)(A), substituted "with

respect to the programs authorized under division C of this

subchapter" for "for purposes of the reports required by subsection

(j) of this section" in introductory provisions.

Subsec. (a)(2)(A). Pub. L. 103-82, Sec. 118(1)(B), substituted

"National Senior Volunteer Corps programs" for "older American

volunteer programs".

Subsec. (a)(2)(B). Pub. L. 103-160 substituted "section 101(a)(4)

of title 10" for "section 101(4) of title 10".

Subsec. (b). Pub. L. 103-82, Sec. 402(b)(1), substituted

"Corporation" for "Commission".

Subsec. (d). Pub. L. 103-82, Sec. 402(b)(1), substituted

"Corporation" for "Commission".

Pub. L. 103-82, Sec. 203(a)(1)(A), substituted "the national

service laws" for "this subchapter".

Subsec. (e). Pub. L. 103-82, Sec. 402(b)(1), substituted

"Corporation" for "Commission".

Pub. L. 103-82, Sec. 203(a)(1)(A), substituted "the national

service laws" for "this subchapter".

Subsec. (f). Pub. L. 103-82, Sec. 402(b)(1), substituted

"Corporation" for "Commission".

Subsec. (g). Pub. L. 103-82, Sec. 402(b)(1), substituted

"Corporation" for "Commission" in introductory provisions.

Pub. L. 103-82, Sec. 118(2)(A), substituted "division C of this

subchapter" for "part D of this subchapter" in introductory

provisions.

Subsec. (g)(3), (9). Pub. L. 103-82, Sec. 118(2)(B), substituted

"National Senior Volunteer Corps programs" for "older American

volunteer programs".

Subsec. (h)(1), (2)(A), (B)(ii). Pub. L. 103-82, Sec. 402(b)(1),

substituted "Corporation" for "Commission".

Subsecs. (i), (j). Pub. L. 103-82, Sec. 118(3), (4), added

subsec. (i) and struck out former subsecs. (i) and (j) which

related to deadline and report, respectively.

1992 - Subsec. (a)(2). Pub. L. 102-384, Sec. 9(1), substituted

"subsection (j)" for "subsection (h)".

Subsec. (d). Pub. L. 102-384, Sec. 4, substituted "Commission"

for "Secretary".

Subsec. (f). Pub. L. 102-384, Sec. 9(2), inserted "or

post-service benefit" after "voucher".

Subsec. (h)(1). Pub. L. 102-384, Sec. 9(3)(A), substituted "this

section" for "subsection (g) of this section".

Subsec. (h)(2). Pub. L. 102-384, Sec. 9(3)(B), added par. (2) and

struck out former par. (2) which read as follows: "The Commission

shall keep information acquired under this section confidential."

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of Title 10, Armed

Forces.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 118 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.

Amendment by section 203(a)(1)(A) of Pub. L. 103-82 effective

Apr. 4, 1994, see section 203(d) of Pub. L. 103-82, set out as a

note under section 12651 of this title.

Amendment by section 402(b)(1) 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12624, 12651d of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "Service".

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 12640 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 F - Administrative Provisions

-HEAD-

Sec. 12640. Engagement of participants

-STATUTE-

A State shall not engage a participant to serve in any program

that receives assistance under this subchapter unless and until

amounts have been appropriated under section 12681 of this title

for the provision of national service educational awards and for

the payment of other necessary expenses and costs associated with

such participant.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 180, Nov. 16, 1990, 104 Stat. 3166;

Pub. L. 103-82, title I, Sec. 119, Sept. 21, 1993, 107 Stat. 866.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-82 substituted "national service educational

awards" for "post-service benefits".

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. 12641 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 F - Administrative Provisions

-HEAD-

Sec. 12641. Contingent extension

-STATUTE-

Section 1226a (!1) of title 20 shall apply to this chapter.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 181, Nov. 16, 1990, 104 Stat. 3166;

Pub. L. 103-82, title I, Sec. 120(a), Sept. 21, 1993, 107 Stat.

866.)

-REFTEXT-

REFERENCES IN TEXT

Section 1226a of title 20, referred to in text, was in the

original a reference to section 414 of the General Education

Provisions Act. Section 414 of that Act was renumbered as section

422 by Pub. L. 103-382, title II, Sec. 212(b)(1), Oct. 20, 1994,

108 Stat. 3913, and is classified to section 1226a of Title 20,

Education.

-MISC1-

AMENDMENTS

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

subsec. (c) as entire section and striking out former subsecs. (a)

and (b) which related to treatment of education and housing

benefits and treatment of stipend for living expenses,

respectively.

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.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 12642 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 F - Administrative Provisions

-HEAD-

Sec. 12642. Partnerships with schools

-STATUTE-

(a) Design of programs

The head of each Federal agency and department shall design and

implement a comprehensive strategy to involve employees of such

agencies and departments in partnership programs with elementary

schools and secondary schools. Such strategy shall include -

(1) a review of existing programs to identify and expand the

opportunities for such employees to be adult volunteers in

schools and for students and out-of-school youth;

(2) the designation of a senior official in each such agency

and department who will be responsible for establishing

partnership and youth service programs in each such agency and

department and for developing partnership and youth service

programs;

(3) the encouragement of employees of such agencies and

departments to participate in partnership programs and other

service projects;

(4) the annual recognition of outstanding service programs

operated by Federal agencies; and

(5) the encouragement of businesses and professional firms to

include community service among the factors considered in making

hiring, compensation, and promotion decisions.

(b) Report

Not later than 180 days after November 16, 1990, and on a regular

basis thereafter, the head of each Federal agency and department

shall prepare and submit, to the appropriate Committees of

Congress, a report concerning the implementation of this section.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 182, Nov. 16, 1990, 104 Stat. 3167;

Pub. L. 103-82, title I, Sec. 111(b)(1), (2), Sept. 21, 1993, 107

Stat. 860.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a)(2), (3). Pub. L. 103-82 substituted

"partnership" for "adult volunteer and partnership" wherever

appearing.

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. 12643 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 F - Administrative Provisions

-HEAD-

Sec. 12643. Rights of access, examination, and copying

-STATUTE-

(a) Comptroller General

The Comptroller General, or any of the duly authorized

representatives of the Comptroller General, shall have access to,

and the right to examine and copy, any books, documents, papers,

records, and other recorded information in any form -

(1) within the possession or control of the Corporation or any

State or local government, Indian tribe, or public or private

nonprofit organization receiving assistance directly or

indirectly under this chapter; and

(2) that the Comptroller General, or his representative,

considers necessary to the performance of an evaluation, audit,

or review.

(b) Chief Financial Officer

The Chief Financial Officer of the Corporation shall have access

to, and the right to examine and copy, any books, documents,

papers, records, and other recorded information in any form -

(1) within the possession or control of the Corporation or any

State or local government, Indian tribe, or public or private

nonprofit organization receiving assistance directly or

indirectly under this chapter; and

(2) that relates to the duties of the Chief Financial Officer.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 183, Nov. 16, 1990, 104 Stat. 3167;

Pub. L. 103-82, title I, Sec. 121(a), Sept. 21, 1993, 107 Stat.

866.)

-MISC1-

AMENDMENTS

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

provision relating to rights of access, examination, and copying

for provision relating to service as tutors.

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. 12644 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 F - Administrative Provisions

-HEAD-

Sec. 12644. Drug-free workplace requirements

-STATUTE-

All programs receiving grants under this subchapter shall be

subject to the Drug-Free Workplace Requirements for Federal Grant

Recipients under sections 702 through 707 of title 41.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 184, Nov. 16, 1990, 104 Stat.

3167.)

-End-

-CITE-

42 USC Sec. 12645 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 F - Administrative Provisions

-HEAD-

Sec. 12645. Repealed. Pub. L. 103-82, title I, Sec. 122(a), Sept.

21, 1993, 107 Stat. 867

-MISC1-

Section, Pub. L. 101-610, title I, Sec. 186, as added Pub. L.

102-10, Sec. 8(2), Mar. 12, 1991, 105 Stat. 31, directed Commission

to issue final rules or regulations necessary to implement 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 G - Corporation for National and

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 G - Corporation for National and Community Service

-HEAD-

DIVISION G - CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

-End-

-CITE-

42 USC Sec. 12651 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 G - Corporation for National and Community Service

-HEAD-

Sec. 12651. Corporation for National and Community Service

-STATUTE-

There is established a Corporation for National and Community

Service that shall administer the programs established under the

national service laws. The Corporation shall be a Government

corporation, as defined in section 103 of title 5.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 191, as added and amended Pub. L.

103-82, title II, Secs. 202(a), 203(a)(1)(B), Sept. 21, 1993, 107

Stat. 873, 891.)

-MISC1-

PRIOR PROVISIONS

A prior section 12651, Pub. L. 101-610, title I, Sec. 190, Nov.

16, 1990, 104 Stat. 3168; Pub. L. 102-10, Sec. 9, Mar. 12, 1991,

105 Stat. 31; Pub. L. 102-384, Secs. 4, 10, Oct. 5, 1992, 106 Stat.

1455, 1456, provided for establishment of Commission on National

and Community Service, prior to the general amendment of subtitle G

of title I of Pub. L. 101-610 [former part G of this subchapter] by

Pub. L. 103-82, Sec. 202(a).

AMENDMENTS

1993 - Pub. L. 103-82, Sec. 203(a)(1)(B), which directed

amendment of section 191 of subtitle I of the National and

Community Service Act of 1990 by substituting "the national service

laws" for "this chapter", was executed to this section, which is

section 191 of subtitle G of title I of the National Community

Service Act of 1990, to reflect the probable intent of Congress.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 203(d) of Pub. L. 103-82 provided that:

"(1) In general. - Except as provided in paragraph (2), this

section [amending this section and sections 12639, 12651b to

12651d, 12651f, and 12651g of this title, repealing sections 5041

and 5042 of this title, and enacting provisions set out below], and

the amendments made by this section, shall take effect -

"(A) 18 months after the date of enactment of this Act [Sept.

21, 1993]; or

"(B) on such earlier date as the President shall determine to

be appropriate and announce by proclamation published in the

Federal Register.

"(2) Transition. - Subsection (c)(10) [set out below] shall take

effect on the date of enactment of this Act [Sept. 21, 1993]."

[Section 203, and the amendments made by section 203, of Pub. L.

103-82 became effective Apr. 4, 1994, pursuant to Proc. No. 6662,

Apr. 4, 1994, 59 F.R. 16507, set out below.]

EFFECTIVE DATE

Section 202(i) of Pub. L. 103-82 provided that:

"(1) In general. - Except as provided in paragraph (2), or

paragraph (2) or (3) of subsection (g) [amending sections 8F and 9

of the Inspector General Act of 1978, Pub. L. 95-452, set out in

the Appendix to Title 5, Government Organization and Employees, and

enacting provisions set out as notes under sections 8F and 9 of

such act], the amendments made by this section [enacting this

division and section 8E of the Inspector General Act of 1978, Pub.

L. 95-452, set out in the Appendix to Title 5, amending section

5041 of this title, sections 4, 8F, 8G, 9, and 11 of the Inspector

General Act of 1978, Pub. L. 95-452, set out in the Appendix to

Title 5, sections 9101 and 9105 of Title 31, Money and Finance,

section 410 of Title 39, Postal Service, and section 484 of former

Title 40, Public Buildings, Property, and Works] shall take effect

on October 1, 1993.

"(2) Establishment and appointment authorities. - Sections 191,

192, and 193 of the National and Community Service Act of 1990 [42

U.S.C. 12651, 12651a, 12651c], as added by subsection (a), shall

take effect on the date of enactment of this Act [Sept. 21, 1993]."

-TRANS-

TRANSFER OF FUNCTIONS OF COMMISSION ON NATIONAL AND COMMUNITY

SERVICE

Section 202(c) of Pub. L. 103-82 provided that:

"(1) Definitions. - For purposes of this subsection, unless

otherwise provided or indicated by the context, each term specified

in section 203(c)(1) [set out below] shall have the meaning given

the term in such section.

"(2) Transfer of functions. - There are transferred to the

Corporation the functions that the Board of Directors or Executive

Director of the Commission on National and Community Service

exercised before the effective date of this subsection (including

all related functions of any officer or employee of the

Commission).

"(3) Application. - The provisions of paragraphs (3) through (10)

of section 203(c) [set out below] shall apply with respect to the

transfer described in paragraph (2), except that -

"(A) for purposes of such application, references to the term

'ACTION Agency' shall be deemed to be references to the

Commission on National and Community Service; and

"(B) paragraph (10) of such section shall not preclude the

transfer of the members of the Board of Directors of the

Commission to the Corporation if, on the effective date of this

subsection, the Board of Directors of the Corporation has not

been confirmed."

TRANSFER OF FUNCTIONS FROM ACTION AGENCY

Section 203(c) of Pub. L. 103-82 provided that:

"(1) Definitions. - For purposes of this subsection, unless

otherwise provided or indicated by the context -

"(A) the term 'Chief Executive Officer' means the Chief

Executive Officer of the Corporation;

"(B) the term 'Corporation' means the Corporation for National

and Community Service, established under section 191 of the

National and Community Service Act of 1990 [42 U.S.C. 12651];

"(C) the term 'Federal agency' has the meaning given to the

term 'agency' by section 551(1) of title 5, United States Code;

"(D) the term 'function' means any duty, obligation, power,

authority, responsibility, right, privilege, activity, or

program; and

"(E) the term 'office' includes any office, administration,

agency, institute, unit, organizational entity, or component

thereof.

"(2) Transfer of functions. - There are transferred to the

Corporation the functions that the Director of the ACTION Agency

exercised before the effective date of this subsection [see

Effective Date of 1993 Amendment note above] (including all related

functions of any officer or employee of the ACTION Agency).

"(3) Determinations of certain functions by the office of

management and budget. - If necessary, the Office of Management and

Budget shall make any determination of the functions that are

transferred under paragraph (2).

"(4) Reorganization. - The Chief Executive Officer is authorized

to allocate or reallocate any function transferred under paragraph

(2) among the officers of the Corporation.

"(5) Transfer and allocations of appropriations and personnel. -

Except as otherwise provided in this subsection, the personnel

employed in connection with, and the assets, liabilities,

contracts, property, records, and unexpended balances of

appropriations, authorizations, allocations, and other funds

employed, used, held, arising from, available to, or to be made

available in connection with the functions transferred by this

subsection, subject to section 1531 of title 31, United States

Code, shall be transferred to the Corporation. Unexpended funds

transferred pursuant to this paragraph shall be used only for the

purposes for which the funds were originally authorized and

appropriated.

"(6) Incidental transfer. - The Director of the Office of

Management and Budget, at such time or times as the Director shall

provide, is authorized to make such determinations as may be

necessary with regard to the functions transferred by this

subsection, and to make such additional incidental dispositions of

personnel, assets, liabilities, grants, contracts, property,

records, and unexpended balances of appropriations, authorizations,

allocations, and other funds held, used, arising from, available

to, or to be made available in connection with such functions, as

may be necessary to carry out the provisions of this subsection.

The Director of the Office of Management and Budget shall provide

for the termination of the affairs of all entities terminated by

this subsection and for such further measures and dispositions as

may be necessary to effectuate the purposes of this subsection.

"(7) Effect on personnel. -

"(A) In general. - Except as otherwise provided by this

subsection, the transfer pursuant to this subsection of full-time

personnel (except special Government employees) and part-time

personnel holding permanent positions shall be to positions in

the Corporation subject to section 195(a) of the National and

Community Service Act of 1990 [42 U.S.C. 12651f(a)], as added by

section 202(a) of this Act, and shall not cause any such employee

to be separated or reduced in grade or compensation, or to have

the benefits of the employee reduced, for 1 year after the date

of transfer of such employee under this subsection, and such

transfer shall be deemed to be a transfer of functions for

purposes of section 3503 of title 5, United States Code.

"(B) Executive schedule positions. - Except as otherwise

provided in this subsection, any person who, on the day preceding

the effective date of this subsection [see Effective Date of 1993

Amendment note above], held a position compensated in accordance

with the Executive Schedule prescribed in chapter 53 of title 5,

United States Code, and who, without a break in service, is

appointed in the Corporation to a position having duties

comparable to the duties performed immediately preceding such

appointment shall continue to be compensated in such new position

at not less than the rate provided for such previous position,

for the duration of the service of such person in such new

position.

"(C) Termination of certain positions. - Positions whose

incumbents are appointed by the President, by and with the advice

and consent of the Senate, the functions of which are transferred

by this subsection, shall terminate on the effective date of this

subsection.

"(8) Savings provisions. -

"(A) Continuing effect of legal documents. - All orders,

determinations, rules, regulations, permits, agreements, grants,

contracts, certificates, licenses, registrations, privileges, and

other administrative actions -

"(i) that have been issued, made, granted, or allowed to

become effective by the President, any Federal agency or

official thereof, or by a court of competent jurisdiction, in

the performance of functions that are transferred under this

subsection; and

"(ii) that are in effect at the time this subsection takes

effect [see Effective Date of 1993 Amendment note above], or

were final before the effective date of this subsection and are

to become effective on or after the effective date of this

subsection,

shall continue in effect according to their terms until modified,

terminated, superseded, set aside, or revoked in accordance with

law by the President, the Chief Executive Officer, or other

authorized official, a court of competent jurisdiction, or by

operation of law.

"(B) Proceedings not affected. - The provisions of this

subsection shall not affect any proceedings, including notices of

proposed rulemaking, or any application for any license, permit,

certificate, or financial assistance pending before the ACTION

Agency at the time this subsection takes effect, with respect to

functions transferred by this subsection. Such proceedings and

applications shall be continued. Orders shall be issued in such

proceedings, appeals shall be taken therefrom, and payments shall

be made pursuant to such orders, as if this subsection had not

been enacted, and orders issued in any such proceedings shall

continue in effect until modified, terminated, superseded, or

revoked by a duly authorized official, by a court of competent

jurisdiction, or by operation of law. Nothing in this

subparagraph shall be deemed to prohibit the discontinuance or

modification of any such proceeding under the same terms and

conditions and to the same extent that such proceeding could have

been discontinued or modified if this subsection had not been

enacted.

"(C) Suits not affected. - The provisions of this subsection

shall not affect suits commenced before the effective date of

this subsection, and in all such suits, proceedings shall be had,

appeals taken, and judgments rendered in the same manner and with

the same effect as if this subsection had not been enacted.

"(D) Nonabatement of actions. - No suit, action, or other

proceeding commenced by or against the ACTION Agency, or by or

against any individual in the official capacity of such

individual as an officer of the ACTION Agency, shall abate by

reason of the enactment of this subsection.

"(E) Administrative actions relating to promulgation of

regulations. - Any administrative action relating to the

preparation or promulgation of a regulation by the ACTION Agency

relating to a function transferred under this subsection may be

continued by the Corporation with the same effect as if this

subsection had not been enacted.

"(9) Severability. - If a provision of this subsection or its

application to any person or circumstance is held invalid, neither

the remainder of this subsection nor the application of the

provision to other persons or circumstances shall be affected.

"(10) Transition. - Prior to, or after, any transfer of a

function under this subsection, the Chief Executive Officer is

authorized to utilize -

"(A) the services of such officers, employees, and other

personnel of the ACTION Agency with respect to functions that

will be or have been transferred to the Corporation by this

subsection; and

"(B) funds appropriated to such functions for such period of

time as may reasonably be needed to facilitate the orderly

implementation of this subsection."

-MISC2-

CONTINUING PERFORMANCE OF CERTAIN FUNCTIONS BY COMMISSION ON

NATIONAL AND COMMUNITY SERVICE

Section 202(d) of Pub. L. 103-82 provided that: "The individuals

who, on the day before the date of enactment of this Act [Sept. 21,

1993], are performing any of the functions required by section 190

of the National and Community Service Act of 1990 (42 U.S.C.

12651), as in effect on such date, to be performed by the members

of the Board of Directors of the Commission on National and

Community Service may, subject to section 193A of the National and

Community Service Act of 1990 [42 U.S.C. 12651d], as added by

subsection (a) of this section, continue to perform such functions

until the date on which the Board of Directors of the Corporation

for National and Community Service conducts the first meeting of

the Board. The service of such individuals as members of the Board

of Directors of such Commission, and the employment of such

individuals as special Government employees, shall terminate on

such date."

BUSINESS PLAN FOR CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

Section 204 of Pub. L. 103-82 provided that:

"(a) Business Plan Required. -

"(1) In general. - The Corporation for National and Community

Service (referred to in this section as the 'Corporation') shall

prepare and submit to Congress a business plan. The Corporation

may not provide assistance under section 121 of the National and

Community Service Act of 1990 [42 U.S.C. 12571] before the

twentieth day of continuous session of Congress after the date on

which the Corporation submits the business plan to Congress.

"(2) Computation. - For purposes of the computation of the

20-day period referred to in paragraph (1), continuity of a

session of the Congress shall be considered to be broken only by

-

"(A) an adjournment of the Congress sine die; and

"(B) the days on which either House is not in session because

of an adjournment of more than 3 days to a date certain.

"(b) Required Elements of Business Plan. -

"(1) Allocation of funds. - The business plan shall contain -

"(A) a description of the manner in which the Corporation

will allocate funds for programs carried out by the Corporation

after October 1, 1993;

"(B) information on the principal offices and officers of the

Corporation that will allocate such funds; and

"(C) information that indicates how accountability for such

funds can be determined, in terms of the office or officer

responsible for such funds.

"(2) Investigative and audit functions. - The business plan

shall include a description of the plans of the Corporation -

"(A) to ensure continuity, during the transition period, and

after the transition period, in the investigative and audit

functions carried out by the Inspector General of ACTION prior

to such period, consistent with the Inspector General Act of

1978 (5 U.S.C. App.); and

"(B) to carry out investigative and audit functions and

implement financial management controls regarding programs

carried out by the Corporation after October 1, 1993,

consistent with the Inspector General Act of 1978, including a

specific description of -

"(i) the manner in which the Office of Inspector General

shall be established in the Corporation, in accordance with

section 194(b) of the National Community Service Act of 1990

[42 U.S.C. 12651e(b)], as added by section 202 of this Act;

and

"(ii) the manner in which grants made by the Corporation

shall be audited by such Office and the financial management

controls that shall apply with regard to such grants and

programs.

"(3) Accountability measures. - The business plan shall include

a detailed description of the accountability measures to be

established by the Corporation to ensure effective control of all

funds for programs carried out by the Corporation after October

1, 1993.

"(4) Information resources. - The business plan shall include a

description of an information resource management program that

will support the program and financial management needs of the

Corporation.

"(5) Corporation staffing and integration of action. -

"(A) Transfers. - The business plan shall include a report on

the progress and plans of the President for transferring the

functions, programs, and related personnel of ACTION to the

Corporation, and shall include a timetable for the transfer.

"(B) Details and assignments. - The report shall specify the

number of ACTION employees detailed or assigned to the

Corporation, and describe the hiring activity of the

Corporation, during the transition period.

"(C) Structure. - The business plan shall include a

description of the organizational structure of the Corporation

during the transition period.

"(D) Staffing. - The business plan shall include a

description of -

"(i) measures to ensure adequate staffing during the

transition period with respect to programs carried out by the

Corporation after October 1, 1993; and

"(ii) the responsibilities and authorities of the Managing

Directors and other key personnel of the Corporation.

"(E) Senior executive service. - The business plan shall

include -

"(i) an explanation of the number of the employees of the

Corporation who will be paid at or above the rate of pay for

level 1 of the Senior Executive Service Schedule under

section 5382 of title 5, United States Code; and

"(ii) information justifying such pay for such employees.

"(6) Duplication of functions. - The business plan shall

include a description of the measures that the Corporation is

taking or will take to minimize duplication of functions in the

Corporation caused by the transfer of the functions of the

Commission on National and Community Service, and the transfer of

the functions of ACTION, to the Corporation. This description

shall address functions at both the national and State levels.

"(c) Definition. - The term 'transition period' means the period

beginning on October 1, 1993 and ending on the day before the

effective date of section 203(c)(2) [see Effective Date of 1993

Amendment note above]."

-EXEC-

PROC. NO. 6662. TRANSFER OF FUNCTIONS OF ACTION AGENCY TO

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

Proc. No. 6662, Apr. 4, 1994, 59 F.R. 16507, provided:

On September 21, 1993, I had the honor of signing into law the

National and Community Service Trust Act of 1993 [Pub. L. 103-82,

see Tables for classification], which created the Corporation for

National and Community Service. The Corporation was designed to

involve Americans of all ages and backgrounds in community projects

to address many of our Nation's most important needs - from

educating our children to ensuring public safety to protecting our

environment. It was chartered to foster civic responsibility,

strengthening the ties that bind us together as a people, while

providing educational opportunity for those who make the commitment

to serve.

In the few short months since the Corporation's establishment,

enormous progress has been made toward the achievement of these

invaluable goals. Final regulations have been published governing

the Corporation's new grant programs, grant application packages

have been developed, and a national recruitment effort has begun.

As a result of intensive outreach efforts, most states have already

established State Commissions on National and Community Service,

and many local programs, national nonprofit organizations,

institutions of higher education, and Federal agencies are eager to

participate. Grant competitions have begun for a summer program

that will focus on our Nation's public safety concerns, and all

community service grant competitions will be completed by this

summer. Finally, the Corporation has established the National

Civilian Community Corps, which will take advantage of closed and

down-sized military bases to launch environmental clean-up and

preservation efforts.

The ACTION Agency, provided for by the Domestic Volunteer Service

Act of 1973 [42 U.S.C. 4950 et seq.], has worked closely with the

Corporation, sharing its many years of experience in engaging

Americans in service to their communities. Because the

Corporation's initiatives and those programs operated by the ACTION

Agency involve similar goals, the National and Community Service

Trust Act calls for the merger of ACTION with the Corporation no

later than March 22, 1995. To build upon the tremendous

accomplishments already achieved by the Corporation, and to

facilitate the further development of community service programs

across the country, I am pleased to order that the functions of the

Director of the ACTION Agency be transferred to the Corporation for

National and Community Service.

NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United

States of America, acting under the authority vested in me by the

Constitution and the laws of the United States of America,

including but not limited to sections 203(c)(2) and (d)(1)(B) of

the National and Community Service Trust Act of 1993 [set out

above], proclaim that all functions of the Director of the ACTION

Agency are hereby transferred to the Corporation for National and

Community Service, effective April 4, 1994.

IN WITNESS WHEREOF, I have hereunto set my hand this fourth day

of April, in the year of our Lord nineteen hundred and ninety-four,

and of the Independence of the United States of America the two

hundred and eighteenth.

William J. Clinton.

EX. ORD. NO. 12819. ESTABLISHING PRESIDENTIAL YOUTH AWARD FOR

COMMUNITY SERVICE

Ex. Ord. No. 12819, Oct. 28, 1992, 57 F.R. 49369, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including section

12651 of title 42 of the United States Code [see 42 U.S.C. 12653b],

it is hereby ordered as follows:

Section 1. A youth award for community service is hereby

established. The award shall recognize outstanding voluntary

community service contributions made by individuals between the

ages of 5 and 22.

Sec. 2. The Director of the White House Office of National

Service shall establish the criteria for the award. The criteria

shall be based upon participation in voluntary community service

activity. The award may be bestowed upon any eligible individual

who meets the established criteria.

Sec. 3. The selection process for the award shall be administered

by the Commission on National and Community Service and the White

House Office of National Service. Such other individuals and

entities as the Director of the White House Office of National

Service deems appropriate may participate in the selection process.

Sec. 4. The award shall be presented by the President, his

designee or designees, or individuals designated by the Director of

the White House Office of National Service.

Sec. 5. The name and design of the award shall be approved by the

President upon the recommendation of the Director of the White

House Office of National Service.

George Bush.

EX. ORD. NO. 13285. PRESIDENT'S COUNCIL ON SERVICE AND CIVIC

PARTICIPATION

Ex. Ord. No. 13285, Jan. 29, 2003, 68 F.R. 5203, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and in order to

encourage the recognition of volunteer service and civic

participation by all Americans, and especially America's youth, it

is hereby ordered as follows:

Section 1. The President's Council on Service and Civic

Participation. (a) There is hereby established within the

Corporation for National and Community Services [Service] (CNCS)

the President's Council on Service and Civic Participation

(Council).

(b) The Council shall be composed of up to 25 members, including

representatives of America's youth, appointed by the President.

Each member shall serve for a term of 2 years and may continue to

serve after the expiration of their term until a successor is

appointed. The President shall designate one member to serve as

Chair and one member to serve as Vice Chair. Subject to the

direction of the Chief Executive Officer of the CNCS, the Chair,

and in the Chair's absence the Vice Chair, shall convene and

preside at the meetings of the Council, determine its agenda, and

direct its work.

Sec. 2. Mission and Functions of the Council.

(a) The mission of the Council shall be to:

(i) encourage the recognition of outstanding volunteer service

and civic participation by individuals, schools, and

organizations and thereby encourage more such activity,

especially on the part of America's youth; and

(ii) facilitate awareness of the ways in which Americans

throughout our history have helped to meet the vital needs of

their communities and Nation through volunteer service and civic

participation.

(b) In carrying out its mission, the Council shall:

(i) design and recommend programs to recognize individuals,

schools, and organizations that excel in their efforts to support

volunteer service and civic participation, especially with

respect to students in primary schools, secondary schools, and

institutions of higher learning;

(ii) exchange information and ideas with interested individuals

and organizations on ways to expand and improve programs

developed pursuant to subsection 2(b)(i) of this order;

(iii) advise the Chief Executive Officer of the CNCS on broad

dissemination, especially among schools and youth organizations,

of information regarding recommended practices for the promotion

of volunteer service and civic participation, and other relevant

educational and promotional materials;

(iv) monitor and advise the Chief Executive Officer of the CNCS

on the need for the enhancement of materials disseminated

pursuant to subsection 2(b)(iii) of this order; and

(v) make recommendations from time to time to the President,

through the Director of the USA Freedom Corps, on ways to promote

and recognize outstanding volunteer service and civic

participation by individuals, schools, and organizations and to

promote awareness of the ways in which Americans throughout our

history have helped to meet the vital needs of their communities

and Nation through volunteer service and civic participation.

Sec. 3. Administration. (a) Each Federal agency, to the extent

permitted by law and subject to the availability of appropriations,

shall furnish such information and assistance to the Council as the

Council may, with the approval of the Director of the USA Freedom

Corps, request.

(b) The members of the Council shall serve without compensation

for their work on the Council. Members of the Council who are not

officers or employees of the United States may receive travel

expenses, including per diem in lieu of subsistence, as authorized

by law for persons serving intermittently in the Government (5

U.S.C. 5701-5707).

(c) To the extent permitted by law, the Chief Executive Officer

of the CNCS shall furnish the Council with necessary staff,

supplies, facilities, and other administrative services and shall

pay the expenses of the Council.

(d) The Chief Executive Officer of the CNCS shall appoint an

Executive Director to head the staff of the Council.

(e) The Council, with the approval of the Chief Executive Officer

of the CNCS, may establish subcommittees of the Council, consisting

exclusively of members of the Council, as appropriate to aid the

Council in carrying out its mission under this order.

Sec. 4. General Provisions. (a) Insofar as the Federal Advisory

Committee Act, as amended (5 U.S.C. App.) (Act), may apply to the

administration of any portion of this order, any functions of the

President under the Act, except that of reporting to the Congress,

shall be performed by the Chief Executive Officer of CNCS in

accordance with the guidelines and procedures issued by the

Administrator of General Services.

(b) Unless extended by the President, this order shall expire 2

years from the date of this order.

George W. Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5061, 12511 of this

title.

-End-

-CITE-

42 USC Sec. 12651a 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 G - Corporation for National and Community Service

-HEAD-

Sec. 12651a. Board of Directors

-STATUTE-

(a) Composition

(1) In general

There shall be in the Corporation a Board of Directors

(referred to in this division as the "Board") that shall be

composed of -

(A) 15 members, including an individual between the ages of

16 and 25 who -

(i) has served in a school-based or community-based

service-learning program; or

(ii) is or was a participant or a supervisor in a program;

to be appointed by the President, by and with the advice and

consent of the Senate; and

(B) the ex officio nonvoting members described in paragraph

(3).

(2) Qualifications

To the maximum extent practicable, the President shall appoint

members -

(A) who have extensive experience in volunteer or service

activities, which may include programs funded under one of the

national service laws, and in State government;

(B) who represent a broad range of viewpoints;

(C) who are experts in the delivery of human, educational,

environmental, or public safety services;

(D) so that the Board shall be diverse according to race,

ethnicity, age, gender, and disability characteristics; and

(E) so that no more than 50 percent of the appointed members

of the Board, plus 1 additional appointed member, are from a

single political party.

(3) Ex officio members

The Secretary of Education, the Secretary of Health and Human

Services, the Secretary of Labor, the Secretary of the Interior,

the Secretary of Agriculture, the Secretary of Housing and Urban

Development, the Secretary of Defense, the Attorney General, the

Director of the Peace Corps, the Administrator of the

Environmental Protection Agency, and the Chief Executive Officer

shall serve as ex officio nonvoting members of the Board.

(b) Officers

(1) Chairperson

The President shall appoint a member of the Board to serve as

the initial Chairperson of the Board. Each subsequent Chairperson

shall be elected by the Board from among its members.

(2) Vice Chairperson

The Board shall elect a Vice Chairperson from among its

membership.

(3) Other officers

The Board may elect from among its membership such additional

officers of the Board as the Board determines to be appropriate.

(c) Terms

Each appointed member of the Board shall serve for a term of 5

years, except that, as designated by the President -

(1) 3 of the members first appointed to the Board shall serve

for a term of 1 year;

(2) 3 of the members first appointed to the Board shall serve

for a term of 2 years;

(3) 3 of the members first appointed to the Board shall serve

for a term of 3 years;

(4) 3 of the members first appointed to the Board shall serve

for a term of 4 years; and

(5) 3 of the members first appointed to the Board shall serve

for a term of 5 years.

(d) Vacancies

If a vacancy occurs on the Board, a new member shall be appointed

by the President, by and with the advice and consent of the Senate,

and serve for the remainder of the term for which the predecessor

of such member was appointed. The vacancy shall not affect the

power of the remaining members to execute the duties of the Board.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 192, as added Pub. L. 103-82, title

II, Sec. 202(a), Sept. 21, 1993, 107 Stat. 873.)

-MISC1-

EFFECTIVE DATE

Section effective Sept. 21, 1993, see section 202(i)(2) of Pub.

L. 103-82, set out as a note under section 12651 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12651b of this title.

-End-

-CITE-

42 USC Sec. 12651b 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 G - Corporation for National and Community Service

-HEAD-

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

-STATUTE-

(a) Meetings

The Board shall meet not less often than 3 times each year. The

Board shall hold additional meetings at the call of the Chairperson

of the Board, or if 6 members of the Board request such meetings in

writing.

(b) Quorum

A majority of the appointed members of the Board shall constitute

a quorum.

(c) Authorities of officers

(1) Chairperson

The Chairperson of the Board may call and conduct meetings of

the Board.

(2) Vice Chairperson

The Vice Chairperson of the Board may conduct meetings of the

Board in the absence of the Chairperson.

(d) Expenses

While away from their homes or regular places of business on the

business of the Board, members of such Board shall be allowed

travel expenses, including per diem in lieu of subsistence, at

rates authorized for employees of agencies under subchapter I of

chapter 57 of title 5 for persons employed intermittently in the

Government service.

(e) Special Government employees

For purposes of the provisions of chapter 11 of part I of title

18, and any other provision of Federal law, a member of the Board

(to whom such provisions would not otherwise apply except for this

subsection) shall be a special Government employee.

(f) Status of members

(1) Tort claims

For the purposes of the tort claims provisions of chapter 171

of title 28, a member of the Board shall be considered to be a

Federal employee.

(2) Other claims

A member of the Board shall have no personal liability under

Federal law with respect to any claim arising out of or resulting

from any act or omission by such person, within the scope of the

service of the member on the Board, in connection with any

transaction involving the provision of financial assistance by

the Corporation. This paragraph shall not be construed to limit

personal liability for criminal acts or omissions, willful or

malicious misconduct, acts or omissions for private gain, or any

other act or omission outside the scope of the service of such

member on the Board.

(3) Effect on other law

This subsection shall not be construed -

(A) to affect any other immunities and protections that may

be available to such member under applicable law with respect

to such transactions;

(B) to affect any other right or remedy against the

Corporation, against the United States under applicable law, or

against any person other than a member of the Board

participating in such transactions; or

(C) to limit or alter in any way the immunities that are

available under applicable law for Federal officials and

employees not described in this subsection.

(g) Duties

The Board shall -

(1) review and approve the strategic plan described in section

12651d(b)(1) of this title, and annual updates of the plan;

(2) review and approve the proposal described in section

12651d(b)(2)(A) of this title, with respect to the grants,

allotments, contracts, financial assistance, payment, and

positions referred to in such section;

(3) review and approve the proposal described in section

12651d(b)(3)(A) of this title, regarding the regulations,

standards, policies, procedures, programs, and initiatives

referred to in such section;

(4) review and approve the evaluation plan described in section

12651d(b)(4)(A) of this title;

(5)(A) review, and advise the Chief Executive Officer

regarding, the actions of the Chief Executive Officer with

respect to the personnel of the Corporation, and with respect to

such standards, policies, procedures, programs, and initiatives

as are necessary or appropriate to carry out the national service

laws; and

(B) inform the Chief Executive Officer of any aspects of the

actions of the Chief Executive Officer that are not in compliance

with the annual strategic plan referred to in paragraph (1), the

proposals referred to in paragraphs (2) and (3), or the plan

referred to in paragraph (4), or are not consistent with the

objectives of the national service laws;

(6) receive any report as provided under subsection (b), (c),

or (d) of section 8E (!1) of the Inspector General Act of 1978;

(7) make recommendations relating to a program of research for

the Corporation with respect to national and community service

programs, including service-learning programs;

(8) advise the President and the Congress concerning

developments in national and community service that merit the

attention of the President and the Congress;

(9) ensure effective dissemination of information regarding the

programs and initiatives of the Corporation;

(10) notwithstanding any other provision of law, make grants to

or contracts with Federal or other public departments or agencies

and private nonprofit organizations for the assignment or

referral of volunteers under the provisions of the Domestic

Volunteer Service Act of 1973 [42 U.S.C. 4950 et seq.] (except as

provided in section 108 of the Domestic Volunteer Service Act of

1973 [42 U.S.C. 4958]), which may provide that the agency or

organization shall pay all or a part of the costs of the program;

and

(11) prepare and make recommendations to the Congress and the

President for changes in the national service laws resulting from

the studies and demonstrations the Chief Executive Officer is

required to carry out under section 12651d(b)(10) of this title,

which recommendations shall be submitted to the Congress and

President not later than September 30, 1995.

(h) Administration

The Federal Advisory Committee Act (5 U.S.C. App.) shall not

apply with respect to the Board.

(i) Limitation on participation

All employees and officers of the Corporation shall recuse

themselves from decisions that would constitute conflicts of

interest.

(j) Coordination with other Federal activities

As part of the agenda of meetings of the Board under subsection

(a) of this section, the Board shall review projects and programs

conducted or funded by the Corporation under the national service

laws to improve the coordination between such projects and

programs, and the activities of other Federal agencies that deal

with the individuals and communities participating in or benefiting

from such projects and programs. The ex officio members of the

Board specified in section 12651a(a)(3) of this title shall jointly

plan, implement, and fund activities in connection with projects

and programs conducted under the national service laws to ensure

that Federal efforts attempt to address the total needs of

participants in such programs and projects, their communities, and

the persons and communities the participants serve.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 192A, as added and amended Pub. L.

103-82, title II, Secs. 202(a), 203(a)(1)(B), (2), Sept. 21, 1993,

107 Stat. 875, 891.)

-REFTEXT-

REFERENCES IN TEXT

Section 8E of the Inspector General Act of 1978, referred to in

subsec. (g)(6), is section 8E of Pub. L. 95-452, as added by Pub.

L. 103-82, title II, Sec. 202(g)(1), Sept. 21, 1993, 107 Stat. 889,

which was renumbered section 8F of the Act by Pub. L. 103-204, Sec.

23(a)(3), Dec. 17, 1993, 107 Stat. 2408, and is set out in the

Appendix to Title 5, Government Organization and Employees.

The Domestic Volunteer Service Act of 1973, referred to in

subsec. (g)(10), 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 Federal Advisory Committee Act, referred to in subsec. (h),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5.

-MISC1-

AMENDMENTS

1993 - Subsec. (g)(5)(A), (B). Pub. L. 103-82, Sec. 203(a)(1)(B),

which directed amendment of section 192A(g)(5) of subtitle I of the

National and Community Service Act of 1990 by substituting "the

national service laws" for "this chapter", was executed to subsec.

(g)(5) of this section, which is section 192A of subtitle G of

title I of the National Community Service Act of 1990, to reflect

the probable intent of Congress.

Subsec. (g)(9). Pub. L. 103-82, Sec. 203(a)(2)(A), struck out

"and" at end.

Subsec. (g)(10). Pub. L. 103-82, Sec. 203(a)(2)(C), added par.

(10). Former par. (10) redesignated (11).

Pub. L. 103-82, Sec. 203(a)(1)(B), which directed amendment of

section 192A(g)(10) of subtitle I of the National and Community

Service Act of 1990 by substituting "the national service laws" for

"this chapter", was executed to subsec. (g)(10) of this section,

which is section 192A of subtitle G of title I of the National

Community Service Act of 1990, to reflect the probable intent of

Congress.

Subsec. (g)(11). Pub. L. 103-82, Sec. 203(a)(2)(B), redesignated

par. (10) as (11).

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 203(a)(1)(B), (2) of Pub. L. 103-82

effective Apr. 4, 1994, see section 203(d) of Pub. L. 103-82, set

out as a note under section 12651 of this title.

EFFECTIVE DATE

Section effective Oct. 1, 1993, see section 202(i) of Pub. L.

103-82, set out as a note under section 12651 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12572, 12651d, 12651f,

12651g of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 12651c 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 G - Corporation for National and Community Service

-HEAD-

Sec. 12651c. Chief Executive Officer

-STATUTE-

(a) Appointment

The Corporation shall be headed by an individual who shall serve

as Chief Executive Officer of the Corporation, and who shall be

appointed by the President, by and with the advice and consent of

the Senate.

(b) Compensation

The Chief Executive Officer shall be compensated at the rate

provided for level III of the Executive Schedule under section 5314

of title 5.

(c) Regulations

The Chief Executive Officer shall prescribe such rules and

regulations as are necessary or appropriate to carry out the

national service laws.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 193, as added and amended Pub. L.

103-82, title II, Secs. 202(a), 203(a)(1)(B), Sept. 21, 1993, 107

Stat. 877, 891.)

-MISC1-

AMENDMENTS

1993 - Subsec. (c). Pub. L. 103-82, Sec. 203(a)(1)(B), which

directed amendment of section 193(c) of subtitle I of the National

and Community Service Act of 1990 by substituting "the national

service laws" for "this chapter", was executed to subsec. (c) of

this section, which is section 193 of subtitle G of title I of the

National Community Service Act of 1990, to reflect the probable

intent of Congress.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 203(a)(1)(B) of Pub. L. 103-82 effective

Apr. 4, 1994, see section 203(d) of Pub. L. 103-82, set out as a

note under section 12651 of this title.

EFFECTIVE DATE

Section effective Sept. 21, 1993, see section 202(i)(2) of Pub.

L. 103-82, set out as a note under section 12651 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5061, 12511 of this

title.

-End-

-CITE-

42 USC Sec. 12651d 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 G - Corporation for National and Community Service

-HEAD-

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

-STATUTE-

(a) General powers and duties

The Chief Executive Officer shall be responsible for the exercise

of the powers and the discharge of the duties of the Corporation

that are not reserved to the Board, and shall have authority and

control over all personnel of the Corporation, except as provided

in section 8E (!1) of the Inspector General Act of 1978.

(b) Duties

In addition to the duties conferred on the Chief Executive

Officer under any other provision of the national service laws, the

Chief Executive Officer shall -

(1) prepare and submit to the Board a strategic plan every 3

years, and annual updates of the plan, for the Corporation with

respect to the major functions and operations of the Corporation;

(2)(A) prepare and submit to the Board a proposal with respect

to such grants and allotments, contracts, other financial

assistance, and designation of positions as approved national

service positions, as are necessary or appropriate to carry out

the national service laws; and

(B) after receiving and reviewing an approved proposal under

section 12651b(g)(2) of this title, make such grants and

allotments, enter into such contracts, award such other financial

assistance, make such payments (in lump sum or installments, and

in advance or by way of reimbursement, and in the case of

financial assistance otherwise authorized under the national

service laws, with necessary adjustments on account of

overpayments and underpayments), and designate such positions as

approved national service positions as are necessary or

appropriate to carry out the national service laws;

(3)(A) prepare and submit to the Board a proposal regarding,

the regulations established under section 12651f(b)(3)(A) of this

title, and such other standards, policies, procedures, programs,

and initiatives as are necessary or appropriate to carry out the

national service laws; and

(B) after receiving and reviewing an approved proposal under

section 12651b(g)(3) of this title -

(i) establish such standards, policies, and procedures as are

necessary or appropriate to carry out the national service

laws; and

(ii) establish and administer such programs and initiatives

as are necessary or appropriate to carry out the national

service laws;

(4)(A) prepare and submit to the Board a plan for the

evaluation of programs established under the national service

laws, in accordance with section 12639 of this title; and

(B) after receiving an approved proposal under section

12651b(g)(4) of this title -

(i) establish measurable performance goals and objectives for

such programs, in accordance with section 12639 of this title;

and

(ii) provide for periodic evaluation of such programs to

assess the manner and extent to which the programs achieve the

goals and objectives, in accordance with such section;

(5) consult with appropriate Federal agencies in administering

the programs and initiatives;

(6) suspend or terminate payments and positions described in

paragraph (2)(B), in accordance with section 12636 of this title;

(7) prepare and submit to the Board an annual report, and such

interim reports as may be necessary, describing the major actions

of the Chief Executive Officer with respect to the personnel of

the Corporation, and with respect to such standards, policies,

procedures, programs, and initiatives;

(8) inform the Board of, and provide an explanation to the

Board regarding, any substantial differences regarding the

implementation of the national service laws between -

(A) the actions of the Chief Executive Officer; and

(B)(i) the strategic plan approved by the Board under section

12651b(g)(1) of this title;

(ii) the proposals approved by the Board under paragraph (2)

or (3) of section 12651b(g) of this title; or

(iii) the evaluation plan approved by the Board under section

12651b(g)(4) of this title;

(9) prepare and submit to the appropriate committees of

Congress an annual report, and such interim reports as may be

necessary, describing -

(A) the services referred to in paragraph (1), and the money

and property referred to in paragraph (2), of section 12651g(a)

of this title that have been accepted by the Corporation;

(B) the manner in which the Corporation used or disposed of

such services, money, and property; and

(C) information on the results achieved by the programs

funded under the national service laws during the year

preceding the year in which the report is prepared;

(10) provide for studies (including the evaluations described

in subsection (f) of this section) and demonstrations that

evaluate, and prepare and submit to the Board by June 30, 1995, a

report containing recommendations regarding, issues related to -

(A) the administration and organization of programs

authorized under the national service laws or under Public Law

91-378 [16 U.S.C. 1701 et seq.] (referred to in this

subparagraph as "service programs"), including -

(i) whether the State and national priorities designed to

meet the unmet human, education, environmental, or public

safety needs described in section 12572(c)(1) of this title

are being addressed by this chapter;

(ii) the manner in which -

(I) educational and other outcomes of both stipended and

nonstipended service and service-learning are defined and

measured in such service programs; and

(II) such outcomes should be defined and measured in such

service programs;

(iii) whether stipended service programs, and service

programs providing educational benefits in return for

service, should focus on economically disadvantaged

individuals or at-risk youth or whether such programs should

include a mix of individuals, including individuals from

middle- and upper-income families;

(iv) the role and importance of stipends and educational

benefits in achieving desired outcomes in the service

programs;

(v) the potential for cost savings and coordination of

support and oversight services from combining functions

performed by ACTION State offices and State Commissions;

(vi) the implications of the results from such studies and

demonstrations for authorized funding levels for the service

programs; and

(vii) other issues that the Director determines to be

relevant to the administration and organization of the

service programs; and

(B) the number, potential consolidation, and future

organization of national service or domestic volunteer service

programs that are authorized under Federal law, including

VISTA, service corps assisted under division C of this

subchapter and other programs authorized by this chapter,

programs administered by the Public Health Service, the

Department of Defense, or other Federal agencies, programs

regarding teacher corps, and programs regarding work-study and

higher education loan forgiveness or forbearance programs

authorized by the Higher Education Act of 1965 (20 U.S.C. 1001

et seq.) related to community service; and

(11) for purposes of section 12638(d)(6)(B) of this title,

issue regulations to waive the disqualification of members of the

Board and members of the State Commissions selectively in a

random, nondiscretionary manner and only to the extent necessary

to establish the quorum involved, including rules that forbid

each member of the Board and each voting member of a State

Commission to participate in any discussion or decision regarding

the provision of assistance or approved national service

positions, or the continuation, suspension, or termination of

such assistance or such positions, to any program or entity of

which such member of the Board or such member of the State

Commission is, or in the 1-year period before the submission of

the application referred to in such section was, an officer,

director, trustee, full-time volunteer, or employee.

(c) Powers

In addition to the authority conferred on the Chief Executive

Officer under any other provision of the national service laws, the

Chief Executive Officer may -

(1) establish, alter, consolidate, or discontinue such

organizational units or components within the Corporation as the

Chief Executive Officer considers necessary or appropriate,

consistent with Federal law, and shall, to the maximum extent

practicable, consolidate such units or components of the

divisions of the Corporation described in section 12651e(a)(3) of

this title as may be appropriate to enable the two divisions to

coordinate common support functions;

(2) with the approval of the President, arrange with and

reimburse the heads of other Federal agencies for the performance

of any of the provisions of the national service laws;

(3) with their consent, utilize the services and facilities of

Federal agencies with or without reimbursement, and, with the

consent of any State, or political subdivision of a State, accept

and utilize the services and facilities of the agencies of such

State or subdivisions without reimbursement;

(4) allocate and expend funds made available under the national

service laws;

(5) disseminate, without regard to the provisions of section

3204 of title 39, data and information, in such form as the Chief

Executive Officer shall determine to be appropriate to public

agencies, private organizations, and the general public;

(6) collect or compromise all obligations to or held by the

Chief Executive Officer and all legal or equitable rights

accruing to the Chief Executive Officer in connection with the

payment of obligations in accordance with chapter 37 of title 31

(commonly known as the "Federal Claims Collection Act of 1966");

(7) file a civil action in any court of record of a State

having general jurisdiction or in any district court of the

United States, with respect to a claim arising under this

chapter;

(8) exercise the authorities of the Corporation under section

12651g of this title;

(9) consolidate the reports to Congress required under the

national service laws, and the report required under section 9106

of title 31, into a single report, and submit the report to

Congress on an annual basis; and

(10) generally perform such functions and take such steps

consistent with the objectives and provisions of the national

service laws, as the Chief Executive Officer determines to be

necessary or appropriate to carry out such provisions.

(d) Delegation

(1) "Function" defined

As used in this subsection, the term "function" means any duty,

obligation, power, authority, responsibility, right, privilege,

activity, or program.

(2) In general

Except as otherwise prohibited by law or provided in the

national service laws, the Chief Executive Officer may delegate

any function under the national service laws, and authorize such

successive redelegations of such function as may be necessary or

appropriate. No delegation of a function by the Chief Executive

Officer under this subsection or under any other provision of the

national service laws shall relieve such Chief Executive Officer

of responsibility for the administration of such function.

(3) Function of Board

The Chief Executive Officer may not delegate a function of the

Board without the permission of the Board.

(e) Actions

In an action described in subsection (c)(7) of this section -

(1) a district court referred to in such subsection shall have

jurisdiction of such a civil action without regard to the amount

in controversy;

(2) such an action brought by the Chief Executive Officer shall

survive notwithstanding any change in the person occupying the

office of Chief Executive Officer or any vacancy in that office;

(3) no attachment, injunction, garnishment, or other similar

process, mesne or final, shall be issued against the Chief

Executive Officer or the Board or property under the control of

the Chief Executive Officer or the Board; and

(4) nothing in this section shall be construed to except

litigation arising out of activities under this chapter from the

application of sections 509, 517, 547, and 2679 of title 28.

(f) Evaluations

(1) Evaluation of living allowance

The Corporation shall arrange for an independent evaluation to

determine the levels of living allowances paid in all programs

under divisions C and I of this subchapter, individually, by

State, and by region. Such evaluation shall determine the effects

that such living allowances have had on the ability of

individuals to participate in such programs.

(2) Evaluation of success of investment in national service

(A) Evaluation required

The Corporation shall arrange for the independent evaluation

of the operation of division C of this subchapter to determine

the levels of participation of economically disadvantaged

individuals in national service programs carried out or

supported using assistance provided under section 12571 of this

title.

(B) Period covered by evaluation

The evaluation required by this paragraph shall cover the

period beginning on the date the Corporation first makes a

grant under section 12571 of this title, and ending on a date

that is as close as is practicable to the date specified in

subsection (b)(10) of this section.

(C) Income levels of participants

The evaluating entity shall determine the total income of

each participant who serves, during the period covered by the

evaluation, in a national service program carried out or

supported using assistance provided under section 12571 of this

title or in an approved national service position. The total

income of the participant shall be determined as of the date

the participant was first selected to participate in such a

program and shall include family total income unless the

evaluating entity determines that the participant was

independent at the time of selection.

(D) Assistance for distressed areas

The evaluating entity shall also determine the amount of

assistance provided under section 12571 of this title during

the period covered by the report that has been expended for

projects conducted in areas of economic distress described in

section 12585(c)(6) of this title.

(E) Definitions

As used in this paragraph:

(i) Independent

The term "independent" has the meaning given the term in

section 480(d) of the Higher Education Act of 1965 (20 U.S.C.

1087vv(d)).

(ii) Total income

The term "total income" has the meaning given the term in

section 480(a) of the Higher Education Act of 1965 (20 U.S.C.

1087vv(a)).

(g) Recruitment and public awareness functions

(1) Effort

The Chief Executive Officer shall ensure that the Corporation,

in carrying out the recruiting and public awareness functions of

the Corporation, shall expend at least the level of effort on

recruitment and public awareness activities related to the

programs carried out under the Domestic Volunteer Service Act of

1973 (42 U.S.C. 4950 et seq.) as ACTION expended on recruitment

and public awareness activities related to programs under the

Domestic Volunteer Service Act of 1973 during fiscal year 1993.

(2) Personnel

The Chief Executive Officer shall assign or hire, as necessary,

such additional national, regional, and State personnel to carry

out such recruiting and public awareness functions as may be

necessary to ensure that such functions are carried out in a

timely and effective manner. The Chief Executive Officer shall

give priority in the hiring of such additional personnel to

individuals who have formerly served as volunteers in the

programs carried out under the Domestic Volunteer Service Act of

1973 [42 U.S.C. 4950 et seq.] or similar programs, and to

individuals who have specialized experience in the recruitment of

volunteers.

(3) Funds

For the first fiscal year after the effective date of this

subsection, and for each fiscal year thereafter, for the purpose

of carrying out such recruiting and public awareness functions,

the Chief Executive Officer shall obligate not less than 1.5

percent of the amounts appropriated for the fiscal year under

section 501(a) of the Domestic Volunteer Service Act of 1973 [42

U.S.C. 5081(a)].

-SOURCE-

(Pub. L. 101-610, title I, Sec. 193A, as added and amended Pub. L.

103-82, title II, Secs. 202(a), 203(a)(1)(B), (3), Sept. 21, 1993,

107 Stat. 877, 891; Pub. L. 103-304, Sec. 3(b)(2), Aug. 23, 1994,

108 Stat. 1567.)

-REFTEXT-

REFERENCES IN TEXT

Section 8E of the Inspector General Act of 1978, referred to in

subsec. (a), is section 8E of Pub. L. 95-452, as added by Pub. L.

103-82, title II, Sec. 202(g)(1), Sept. 21, 1993, 107 Stat. 889,

which was renumbered section 8F of the Act by Pub. L. 103-204, Sec.

23(a)(3), Dec. 17, 1993, 107 Stat. 2408, and is set out in the

Appendix to Title 5, Government Organization and Employees.

Public Law 91-378, referred to in subsec. (b)(10)(A), is Pub. L.

91-378, Aug. 13, 1970, 84 Stat. 794, as amended, popularly known as

the Youth Conservation Corps Act of 1970, which is classified

generally to chapter 37 (Sec. 1701 et seq.) 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.

This chapter, referred to in subsecs. (b)(10)(A)(i), (B), (c)(7),

and (e)(4), 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 Higher Education Act of 1965, referred to in subsec.

(b)(10)(B), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as

amended, which is classified principally to chapter 28 (Sec. 1001

et seq.) of Title 20, Education. For complete classification of

this Act to the Code, see Short Title note set out under section

1001 of Title 20 and Tables.

The Domestic Volunteer Service Act of 1973, referred to in

subsec. (g), 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.

For the effective date of this subsection, referred to in subsec.

(g)(3), see Effective Date of 1993 Amendment note below.

-MISC1-

AMENDMENTS

1994 - Subsec. (g). Pub. L. 103-304 made technical amendment to

directory language of Pub. L. 103-82, Sec. 203(a)(3). See 1993

Amendment note below.

1993 - Subsecs. (b) to (d). Pub. L. 103-82, Sec. 203(a)(1)(B),

which directed amendment of section 193A of subtitle I of the

National and Community Service Act of 1990 by substituting "the

national service laws" for "this chapter" was executed wherever

appearing in the following provisions of this section, which is

section 193A of subtitle G of title I of the National Community

Service Act of 1990, to reflect the probable intent of Congress:

introductory provisions and pars. (2) to (4)(A), (8), and (9)(C) of

subsec. (b), introductory provisions and pars. (2), (4), (9), and

(10) of subsec. (c), and subsec. (d)(2).

Subsec. (g). Pub. L. 103-82, Sec. 203(a)(3), as amended by Pub.

L. 103-304, added subsec. (g).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-304 effective as of Oct. 1, 1993, see

section 3(b)(10)(B) of Pub. L. 103-304, set out as a note under

section 4953 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 203(a)(1)(B), (3) of Pub. L. 103-82

effective Apr. 4, 1994, see section 203(d) of Pub. L. 103-82, set

out as a note under section 12651 of this title.

EFFECTIVE DATE

Section effective Oct. 1, 1993, see section 202(i) of Pub. L.

103-82, set out as a note under section 12651 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12581, 12638, 12651b of

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 12651e 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 G - Corporation for National and Community Service

-HEAD-

Sec. 12651e. Officers

-STATUTE-

(a) Managing Directors

(1) In general

There shall be in the Corporation 2 Managing Directors, who

shall be appointed by the President, by and with the advice and

consent of the Senate, and who shall report to the Chief

Executive Officer.

(2) Compensation

The Managing Directors shall be compensated at the rate

provided for level IV of the Executive Schedule under section

5315 of title 5.

(3) Duties

The Corporation shall determine the programs for which the

Managing Directors shall have primary responsibility and shall

establish the divisions of the Corporation to be headed by the

Managing Directors.

(b) Inspector General

(1) Office

There shall be in the Corporation an Office of the Inspector

General.

(2) Appointment

The Office shall be headed by an Inspector General, appointed

in accordance with the Inspector General Act of 1978 [5 App.

U.S.C.].

(3) Compensation

The Inspector General shall be compensated at the rate provided

for level IV of the Executive Schedule under section 5315 of

title 5.

(c) Chief Financial Officer

(1) Office

There shall be in the Corporation a Chief Financial Officer,

who shall be appointed by the President, by and with the advice

and consent of the Senate.

(2) Compensation

The Chief Financial Officer shall be compensated at the rate

provided for level IV of the Executive Schedule under section

5315 of title 5.

(3) Duties

The Chief Financial Officer shall -

(A) report directly to the Chief Executive Officer regarding

financial management matters;

(B) oversee all financial management activities relating to

the programs and operations of the Corporation;

(C) develop and maintain an integrated accounting and

financial management system for the Corporation, including

financial reporting and internal controls;

(D) develop and maintain any joint financial management

systems with the Department of Education necessary to carry out

the programs of the Corporation; and

(E) direct, manage, and provide policy guidance and oversight

of the financial management personnel, activities, and

operations of the Corporation.

(d) Assistant Directors for VISTA and National Senior Volunteer

Corps

(1) Appointment

One of the Managing Directors appointed under subsection (a) of

this section shall, in accordance with applicable provisions of

title 5, appoint 4 Assistant Directors who shall report directly

to such Managing Director, of which -

(A) 1 Assistant Director shall be responsible for programs

carried out under parts A and B of title I of the Domestic

Volunteer Service Act of 1973 [42 U.S.C. 4951 et seq., 4971 et

seq.] (the Volunteers in Service to America (VISTA) program)

and other antipoverty programs under title I of that Act [42

U.S.C. 4951 et seq.];

(B) 1 Assistant Director shall be responsible for programs

carried out under part A of title II of that Act [42 U.S.C.

5001 et seq.] (relating to the Retired Senior Volunteer

Program);

(C) 1 Assistant Director shall be responsible for programs

carried out under part B of title II of that Act [42 U.S.C.

5011 et seq.] (relating to the Foster Grandparent Program); and

(D) 1 Assistant Director shall be responsible for programs

carried out under part C of title II of that Act [42 U.S.C.

5013] (relating to the Senior Companion Program).

(2) Effective date for exercise of authority

Each Assistant Director appointed pursuant to paragraph (1) may

exercise the authority assigned to each such Director only after

the effective date of section 203(c)(2) of the National and

Community Service Trust Act of 1993.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 194, as added Pub. L. 103-82, title

II, Sec. 202(a), Sept. 21, 1993, 107 Stat. 882.)

-REFTEXT-

REFERENCES IN TEXT

The Inspector General Act of 1978, referred to in subsec. (b)(2),

is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which

is set out in the Appendix to Title 5, Government Organization and

Employees.

The Domestic Volunteer Service Act of 1973, referred to in

subsec. (d)(1), 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. Parts A and B of

title I of the Act are classified generally to parts A (Sec. 4951

et seq.) and B (Sec. 4971 et seq.), respectively, of subchapter I

of chapter 66 of this title. Parts A, B, and C of title II of the

Act are classified generally to parts A (Sec. 5001 et seq.), B

(Sec. 5011 et seq.), and C (Sec. 5013 et seq.), respectively, of

subchapter II 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.

Section 203(c)(2) of the National and Community Service Trust Act

of 1993, referred to in subsec. (d)(2), is section 203(c)(2) of

Pub. L. 103-82, which is set out as a note under section 12651 of

this title. For the effective date of section 203(c)(2) of this

Act, see section 203(d) of Pub. L. 103-82, set out as an Effective

Date of 1993 Amendment note under section 12651 of this title.

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1993, see section 202(i) of Pub. L.

103-82, set out as a note under section 12651 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4952, 12651d, 12651f of

this title.

-End-

-CITE-

42 USC Sec. 12651f 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 G - Corporation for National and Community Service

-HEAD-

Sec. 12651f. Employees, consultants, and other personnel

-STATUTE-

(a) Employees

Except as provided in subsection (b) of this section, section

12651e(d) of this title, and section 8E (!1) of the Inspector

General Act of 1978, the Chief Executive Officer shall, in

accordance with applicable provisions of title 5, appoint and

determine the compensation of such employees as the Chief Executive

Officer determines to be necessary to carry out the duties of the

Corporation.

(b) Alternative personnel system

(1) Authority

The Chief Executive Officer may designate positions in the

Corporation as positions to which the Chief Executive Officer may

make appointments, and for which the Chief Executive Officer may

determine compensation, without regard to the provisions of title

5 governing appointments in the competitive service, and without

regard to the provisions of chapter 51 and subchapter III of

chapter 53 of such title relating to classification and General

Schedule pay rates, to the extent the Chief Executive Officer

determines that such a designation is appropriate and desirable

to further the effective operation of the Corporation. The Chief

Executive Officer may provide for appointments to such positions

to be made on a limited term basis.

(2) Appointment in the competitive service after employment under

alternative personnel system

The Director of the Office of Personnel Management may grant

competitive status for appointment to the competitive service,

under such conditions as the Director may prescribe, to an

employee who is appointed under this subsection and who is

separated from the Corporation (other than by removal for cause).

(3) Selection and compensation system

(A) Establishment of system

The Chief Executive Officer, after obtaining the approval of

the Director of the Office of Personnel Management, shall issue

regulations establishing a selection and compensation system

for employees of the Corporation appointed under paragraph (1).

In issuing such regulations, the Chief Executive Officer shall

take into consideration the need for flexibility in such a

system.

(B) Application

The Chief Executive Officer shall appoint and determine the

compensation of employees in accordance with the selection and

compensation system established under subparagraph (A).

(C) Selection

The system established under subparagraph (A) shall provide

for the selection of employees -

(i) through a competitive process; and

(ii) on the basis of the qualifications of applicants and

the requirements of the positions.

(D) Compensation

The system established under subparagraph (A) shall include a

scheme for the classification of positions in the Corporation.

The system shall require that the compensation of an employee

be determined in part on the basis of the job performance of

the employee, and in a manner consistent with the principles

described in section 5301 of title 5. The rate of compensation

for each employee compensated under the system shall not exceed

the annual rate of basic pay payable for level IV of the

Executive Schedule under section 5315 of title 5.

(c) Corporation representative in each State

(1) Designation of representative

The Corporation shall designate 1 employee of the Corporation

for each State or group of States to serve as the representative

of the Corporation in the State or States and to assist the

Corporation in carrying out the activities described in the

national service laws in the State or States.

(2) Duties

The representative designated under this subsection for a State

or group of States shall serve as the liaison between -

(A) the Corporation and the State Commission that is

established in the State or States;

(B) the Corporation and any subdivision of a State, Indian

tribe, public or private nonprofit organization, or institution

of higher education, in the State or States, that is awarded a

grant under section 12571 of this title directly from the

Corporation; and

(C) after the effective date of section 203(c)(2) of the

National and Community Service Trust Act of 1993, the State

Commission and the Corporation employee responsible for

programs under the Domestic Volunteer Service Act of 1973 [42

U.S.C. 4950 et seq.] in the State, if the employee is not the

representative described in paragraph (1) for the State.

(3) Member of State Commission

The representative designated under this subsection for a State

or group of States shall also serve as a member of the State

Commission established in the State or States, as described in

section 12638(c)(3) of this title.

(4) Compensation

If the employee designated under paragraph (1) is an employee

whose appointment was made pursuant to subsection (b) of this

section, the rate of compensation for such employee may not

exceed the maximum rate of basic pay payable for GS-13 of the

General Schedule under section 5332 of title 5.

(d) Consultants

The Chief Executive Officer may procure the temporary and

intermittent services of experts and consultants and compensate the

experts and consultants in accordance with section 3109(b) of title

5.

(e) Details of personnel

The head of any Federal department or agency may detail on a

reimbursable basis, or on a nonreimbursable basis for not to exceed

180 calendar days during any fiscal year, as agreed upon by the

Chief Executive Officer and the head of the Federal agency, any of

the personnel of that department or agency to the Corporation to

assist the Corporation in carrying out the duties of the

Corporation under the national service laws. Any detail shall not

interrupt or otherwise affect the civil service status or

privileges of the Federal employee.

(f) Advisory committees

(1) Establishment

The Chief Executive Officer, acting upon the recommendation of

the Board, may establish advisory committees in the Corporation

to advise the Board with respect to national service issues, such

as the type of programs to be established or assisted under the

national service laws, priorities and criteria for such programs,

and methods of conducting outreach for, and evaluation of, such

programs.

(2) Composition

Such an advisory committee shall be composed of members

appointed by the Chief Executive Officer, with such

qualifications as the Chief Executive Officer may specify.

(3) Expenses

Members of such an advisory committee may be allowed travel

expenses as described in section 12651b(d) of this title.

(4) Staff

(A) In general

Except as provided in subparagraph (B), the Chief Executive

Officer is authorized to appoint and fix the compensation of

such staff as the Chief Executive Officer determines to be

necessary to carry out the functions of the advisory committee,

without regard to -

(i) the provisions of title 5 governing appointments in the

competitive service; and

(ii) the provisions of chapter 51 and subchapter III of

chapter 53 of such title relating to classification and

General Schedule pay rates.

(B) Compensation

If a member of the staff appointed under subparagraph (A) was

appointed without regard to the provisions described in clauses

(i) and (ii) of subparagraph (A), the rate of compensation for

such member may not exceed the maximum rate of basic pay

payable for GS-13 of the General Schedule under section 5332 of

title 5.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 195, as added and amended Pub. L.

103-82, title II, Secs. 202(a), 203(a)(1)(B), Sept. 21, 1993, 107

Stat. 883, 891.)

-REFTEXT-

REFERENCES IN TEXT

Section 8E of the Inspector General Act of 1978, referred to in

subsec. (a), is section 8E of Pub. L. 95-452, as added by Pub. L.

103-82, title II, Sec. 202(g)(1), Sept. 21, 1993, 107 Stat. 889,

which was renumbered section 8F of the Act by Pub. L. 103-204, Sec.

23(a)(3), Dec. 17, 1993, 107 Stat. 2408, and is set out in the

Appendix to Title 5, Government Organization and Employees.

The provisions of title 5 governing appointments in the

competitive service, referred to in subsecs. (b)(1) and

(f)(4)(A)(i), are classified generally to section 3301 et seq. of

Title 5.

Section 203(c)(2) of the National and Community Service Trust Act

of 1993, referred to in subsec. (c)(2)(C), is section 203(c)(2) of

Pub. L. 103-82, which is set out as a note under section 12651 of

this title. For the effective date of section 203(c)(2) of this

Act, see section 203(d) of Pub. L. 103-82, set out as an Effective

Date of 1993 Amendment note under section 12651 of this title.

The Domestic Volunteer Service Act of 1973, referred to in

subsec. (c)(2)(C), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394,

as amended, which is classified generally 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.

-MISC1-

PRIOR PROVISIONS

A prior section 195 of Pub. L. 101-610 was renumbered section 151

by Pub. L. 103-82 and is classified to section 12611 of this title.

AMENDMENTS

1993 - Subsecs. (c)(1), (e). Pub. L. 103-82, Sec. 203(a)(1)(B),

which directed amendment of section 195(c) and (e) of subtitle I of

the National and Community Service Act of 1990 by substituting "the

national service laws" for "this chapter", was executed to subsecs.

(c)(1) and (e) of this section, which is section 195 of subtitle G

of title I of the National Community Service Act of 1990, to

reflect the probable intent of Congress.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 203(a)(1)(B) of Pub. L. 103-82 effective

Apr. 4, 1994, see section 203(d) of Pub. L. 103-82, set out as a

note under section 12651 of this title.

EFFECTIVE DATE

Section effective Oct. 1, 1993, see section 202(i) of Pub. L.

103-82, set out as a note under section 12651 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5011, 12638, 12651d,

12651h of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 12651g 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 G - Corporation for National and Community Service

-HEAD-

Sec. 12651g. Administration

-STATUTE-

(a) Donations

(1) Services

(A) Volunteers

Notwithstanding section 1342 of title 31, the Corporation may

solicit and accept the voluntary services of individuals to

assist the Corporation in carrying out the duties of the

Corporation under the national service laws, and may provide to

such individuals the travel expenses described in section

12651b(d) of this title.

(B) Limitation

Such a volunteer shall not be considered to be a Federal

employee and shall not be subject to the provisions of law

relating to Federal employment, including those relating to

hours of work, rates of compensation, leave, unemployment

compensation, and Federal employee benefits, except that -

(i) for the purposes of the tort claims provisions of

chapter 171 of title 28, a volunteer under this division

shall be considered to be a Federal employee;

(ii) for the purposes of subchapter I of chapter 81 of

title 5 relating to compensation to Federal employees for

work injuries, volunteers under this division shall be

considered to be employees, as defined in section 8101(1)(B)

of title 5 and the provisions of such subchapter shall apply;

and

(iii) for purposes of the provisions of chapter 11 of part

I of title 18, such a volunteer (to whom such provisions

would not otherwise apply except for this subsection) shall

be a special Government employee.

(C) Inherently governmental function

(i) In general

Such a volunteer shall not carry out an inherently

governmental function.

(ii) Regulations

The Chief Executive Officer shall promulgate regulations to

carry out this subparagraph.

(iii) "Inherently governmental function" defined

As used in this subparagraph, the term "inherently

governmental function" means any activity that is so

intimately related to the public interest as to mandate

performance by an officer or employee of the Federal

Government, including an activity that requires either the

exercise of discretion in applying the authority of the

Government or the use of value judgment in making a decision

for the Government.

(2) Property

(A) In general

The Corporation may solicit, accept, hold, administer, use,

and dispose of, in furtherance of the purposes of the national

service laws, donations of any money or property, real,

personal, or mixed, tangible or intangible, received by gift,

devise, bequest, or otherwise. Donations accepted under this

subparagraph shall be used as nearly as possible in accordance

with the terms, if any, of such donation.

(B) Status of contribution

Any donation accepted under subparagraph (A) shall be

considered to be a gift, devise, or bequest to, or for the use

of, the United States.

(C) Rules

The Chief Executive Officer shall establish written rules to

ensure that the solicitation, acceptance, holding,

administration, and use of property described in subparagraph

(A) -

(i) will not reflect unfavorably upon the ability of the

Corporation, or of any officer or employee of the

Corporation, to carry out the responsibilities or official

duties of the Corporation in a fair and objective manner; and

(ii) will not compromise the integrity of the programs of

the Corporation or any official or employee of the

Corporation involved in such programs.

(D) Disposition

Upon completion of the use by the Corporation of any property

accepted pursuant to subparagraph (A) (other than money or

monetary proceeds from sales of property so accepted), such

completion shall be reported to the General Services

Administration and such property shall be disposed of in

accordance with title II of the Federal Property and

Administrative Services Act of 1949.(!1)

(3) Volunteer

As used in this subsection, the term "volunteer" does not

include a participant.

(b) Contracts

Subject to the Federal Property and Administrative Services Act

of 1949,(!1) the Corporation may enter into contracts, and

cooperative and interagency agreements, with Federal and State

agencies, private firms, institutions, and individuals to conduct

activities necessary to assist the Corporation in carrying out the

duties of the Corporation under the national service laws.

(c) Office of Management and Budget

Appropriate circulars of the Office of Management and Budget

shall apply to the Corporation.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 196, as added Pub. L. 103-82, title

II, Secs. 202(a), 203(a)(1)(B), Sept. 21, 1993, 107 Stat. 885,

891.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsecs. (a)(2)(D) and (b), is act June 30, 1949,

ch. 288, 63 Stat. 377, as amended. Except for title III of the Act,

which is classified generally to subchapter IV (Sec. 251 et seq.)

of chapter 4 of Title 41, Public Contracts, the Act was repealed

and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116

Stat. 1062, 1304, as chapters 1 to 11 of Title 40, Public

Buildings, Property, and Works. Title II of the Act, which was

classified principally to subchapter II (Secs. 481, 483, 484, 485,

486, 487 to 490, 491, 492) of chapter 10 and section 758 of former

Title 40, was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21,

2002, 116 Stat. 1304, the first section of which enacted Title 40.

For disposition of sections of former Title 40 to revised Title 40,

see Table preceding section 101 of Title 40. For complete

classification of this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

1993 - Subsecs. (a)(1)(A), (2)(A), (b). Pub. L. 103-82, Sec.

203(a)(1)(B), which directed amendment of section 196(a) and (b) of

subtitle I of the National and Community Service Act of 1990 by

substituting "the national service laws" for "this chapter", was

executed to subsecs. (a)(1)(A), (2)(A) and (b) of this section,

which is section 196 of subtitle G of title I of the National

Community Service Act of 1990, to reflect the probable intent of

Congress.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 203(a)(1)(B) of Pub. L. 103-82 effective

Apr. 4, 1994, see section 203(d) of Pub. L. 103-82, set out as a

note under section 12651 of this title.

EFFECTIVE DATE

Section effective Oct. 1, 1993, see section 202(i) of Pub. L.

103-82, set out as a note under section 12651 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12601, 12651d of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 12651h 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 G - Corporation for National and Community Service

-HEAD-

Sec. 12651h. Corporation State offices

-STATUTE-

(a) In general

The Chief Executive Officer shall establish and maintain a

decentralized field structure that provides for an office of the

Corporation for each State. The office for a State shall be located

in, or in reasonable proximity to, such State. Only one such office

may carry out the duties described in subsection (b) of this

section with respect to a State at any particular time. Such State

office may be directed by the representative designated under

section 12651f(c) of this title.

(b) Duties

Each State office established pursuant to subsection (a) of this

section shall -

(1) provide to the State Commissions established under section

12638 of this title technical and other assistance for the

development and implementation of national service plans under

section 12638(e)(1) of this title;

(2) provide to community-based agencies and other entities

within the State technical assistance for the preparation of

applications for assistance under the national service laws,

utilizing, as appropriate, information and materials provided by

the clearinghouses established pursuant to section 12653a of this

title;

(3) provide to the State Commission and other entities within

the State support and technical assistance necessary to assure

the existence of an effective system of recruitment, placement,

and training of volunteers within the State;

(4) monitor and evaluate the performance of all programs and

projects within the State that receive assistance under the

national service laws; and

(5) perform such other duties and functions as may be assigned

or delegated by the Chief Executive Officer.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 196A, as added Pub. L. 103-82,

title II, Sec. 202(a), Sept. 21, 1993, 107 Stat. 887.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1993, see section 202(i) of Pub. L.

103-82, set out as a note under section 12651 of this title.

-End-

-CITE-

42 USC Division H - Investment for Quality and Innovation 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 H - Investment for Quality and Innovation

-HEAD-

DIVISION H - INVESTMENT FOR QUALITY AND INNOVATION

-MISC1-

PRIOR PROVISIONS

This division is comprised of subtitle H, Secs. 198-198D, of

title I of Pub. L. 101-610. A prior part H (Sec. 12653 et seq.),

comprised of subtitle H, Secs. 195-195O, of title I of Pub. L.

101-610, was renumbered subtitle E, Secs. 151-166, of title I of

Pub. L. 101-610 by Pub. L. 103-82, Sec. 104(b), and transferred to

division E (Sec. 12611 et seq.) of this subchapter.

-SECREF-

DIVISION REFERRED TO IN OTHER SECTIONS

This division is referred to in sections 12551, 12681 of this

title.

-End-

-CITE-

42 USC Sec. 12653 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 H - Investment for Quality and Innovation

-HEAD-

Sec. 12653. Additional Corporation activities to support national

service

-STATUTE-

(a) Methods of conducting activities

The Corporation may carry out this section directly (except as

provided in subsection (r) of this section) or through grants,

contracts, and cooperative agreements with other entities.

(b) Innovation and quality improvement

The Corporation may undertake activities to improve the quality

of national service programs, including service-learning programs,

and to support innovative and model programs, including -

(1) programs, including programs for rural youth, under

division B or C of this subchapter;

(2) employer-based retiree programs;

(3) intergenerational programs;

(4) programs involving individuals with disabilities as

participants providing service; and

(5) programs sponsored by Governors.

(c) Summer programs

The Corporation may support service programs intended to be

carried out between May 1 and October 1, except that such a program

may also include a year-round component.

(d) Community-based agencies

The Corporation may provide training and technical assistance and

other assistance to service sponsors and other community-based

agencies that provide volunteer placements in order to improve the

ability of such agencies to use participants and other volunteers

in a manner that results in high-quality service and a positive

service experience for the participants and volunteers.

(e) Improve ability to apply for assistance

The Corporation shall provide training and technical assistance,

where necessary, to individuals, programs, local labor

organizations, State educational agencies, State Commissions, local

educational agencies, local governments, community-based agencies,

and other entities to enable them to apply for funding under one of

the national service laws, to conduct high-quality programs, to

evaluate such programs, and for other purposes.

(f) National service fellowships

The Corporation may award national service fellowships.

(g) Conferences and materials

The Corporation may organize and hold conferences, and prepare

and publish materials, to disseminate information and promote the

sharing of information among programs for the purpose of improving

the quality of programs and projects.

(h) Peace Corps and VISTA training

The Corporation may provide training assistance to selected

individuals who volunteer to serve in the Peace Corps or a program

authorized under title I of the Domestic Volunteer Service Act of

1973 (42 U.S.C. 4951 et seq.). The training shall be provided as

part of the course of study of the individual at an institution of

higher education, shall involve service-learning, and shall cover

appropriate skills that the individual will use in the Peace Corps

or VISTA.

(i) Promotion and recruitment

The Corporation may conduct a campaign to solicit funds for the

National Service Trust and other programs and activities authorized

under the national service laws and to promote and recruit

participants for programs that receive assistance under the

national service laws.

(j) Training

The Corporation may support national and regional participant and

supervisor training, including leadership training and training in

specific types of service and in building the ethic of civic

responsibility.

(k) Research

The Corporation may support research on national service,

including service-learning.

(l) Intergenerational support

The Corporation may assist programs in developing a service

component that combines students, out-of-school youths, and older

adults as participants to provide needed community services.

(m) Planning coordination

The Corporation may coordinate community-wide planning among

programs and projects.

(n) Youth leadership

The Corporation may support activities to enhance the ability of

youth and young adults to play leadership roles in national

service.

(o) National program identity

The Corporation may support the development and dissemination of

materials, including training materials, and arrange for uniforms

and insignia, designed to promote unity and shared features among

programs that receive assistance under the national service laws.

(p) Service-learning

The Corporation shall support innovative programs and activities

that promote service-learning.

(q) National Youth Service Day

(1) Designation

April 19, 1994, and April 18, 1995, are each designated as

"National Youth Service Day". The President is authorized and

directed to issue a proclamation calling on the people of the

United States to observe the day with appropriate ceremonies and

activities.

(2) Federal activities

In order to observe National Youth Service Day at the Federal

level, the Corporation may organize and carry out appropriate

ceremonies and activities.

(3) Activities

The Corporation may make grants to public or private nonprofit

organizations with demonstrated ability to carry out appropriate

activities, in order to support such activities on National Youth

Service Day.

(r) Assistance for Head Start

The Corporation may make grants to, and enter into contracts and

cooperative agreements with, public or nonprofit private agencies

and organizations that receive grants or contracts under the Foster

Grandparent Program (part B of title II of the Domestic Volunteer

Service Act of 1973 [42 U.S.C. 5011 et seq.]), for projects of the

type described in section 211(a) of such Act [42 U.S.C. 5011]

operating under memoranda of agreement with the Corporation, for

the purpose of increasing the number of low-income individuals who

provide services under such program to children who participate in

Head Start programs under the Head Start Act (42 U.S.C 9831 et

seq).

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

(1) Assistance

The Corporation may make grants to eligible entities described

in paragraph (2) to pay for the Federal share of the cost of

planning and carrying out service opportunities in conjunction

with the Federal legal holiday honoring the birthday of Martin

Luther King, Jr. Such service opportunities shall consist of

activities reflecting the life and teachings of Martin Luther

King, Jr., such as cooperation and understanding among racial and

ethnic groups, nonviolent conflict resolution, equal economic and

educational opportunities, and social justice.

(2) Eligible entities

Any entity otherwise eligible for assistance under the national

services laws shall be eligible to receive a grant under this

subsection.

(3) Repealed. Pub. L. 105-354, Sec. 2(b), Nov. 3, 1998, 112 Stat.

3244

(4) Federal share

Grants provided under this subsection to an eligible entity to

support the planning and carrying out of a service opportunity in

conjunction with the Federal legal holiday honoring the birthday

of Martin Luther King, Jr., together with all other Federal funds

used to plan or carry out the service opportunity, may not exceed

30 percent of the cost of planning and carrying out the service

opportunity.

(5) Calculation of entity contributions

In determining the non-Federal share of the costs of planning

and carrying out a service opportunity supported by a grant under

this subsection, the Corporation shall consider in-kind

contributions (including facilities, equipment, and services)

made to plan or carry out the service opportunity.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 198, as added and amended Pub. L.

103-82, title I, Sec. 104(c), title IV, Sec. 405(p)(2), Sept. 21,

1993, 107 Stat. 840, 922; Pub. L. 103-304, Sec. 3(a), (b)(6), Aug.

23, 1994, 108 Stat. 1566, 1568; Pub. L. 105-354, Sec. 2(b), Nov. 3,

1998, 112 Stat. 3244.)

-REFTEXT-

REFERENCES IN TEXT

The Domestic Volunteer Service Act of 1973, referred to in

subsecs. (h) and (r), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat.

394, as amended. Title I and part B of title II of the Act are

classified generally to subchapter I (Sec. 4951 et seq.) and part B

(Sec. 5011 et seq.) of subchapter II, 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 Head Start Act, referred to in subsec. (r), is subchapter B

(Secs. 635-657) of chapter 8 of subtitle A of title VI of Pub. L.

97-35, Aug. 13, 1981, 95 Stat. 499, as amended, which is classified

generally to subchapter II (Sec. 9831 et seq.) of chapter 105 of

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

see Short Title note set out under section 9801 of this title and

Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 12653, Pub. L. 101-610, title I, Sec. 195, as

added Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23,

1992, 106 Stat. 2522, which stated purpose of Civilian Community

Corps, was renumbered section 151 of Pub. L. 101-610 by Pub. L.

103-82, Sec. 104(b), and transferred to section 12611 of this

title.

AMENDMENTS

1998 - Subsec. (s)(3). Pub. L. 105-354 struck out heading and

text of par. (3). Text read as follows: "In making grants under

this subsection, the Corporation shall consult with the Martin

Luther King, Jr. Federal Holiday Commission established under

section 169j-1 of title 36."

1994 - Subsec. (q)(1). Pub. L. 103-304, Sec. 3(b)(6), substituted

"1995," for "1995".

Subsec. (s). Pub. L. 103-304, Sec. 3(a), added subsec. (s).

1993 - Subsec. (r). Pub. L. 103-82, Sec. 405(p)(2), substituted

"Corporation" for "ACTION Agency".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 405(p)(2) of Pub. L. 103-82 effective Apr.

4, 1994, see section 406(b) of Pub. L. 103-82, set out as a note

under section 8332 of Title 5, Government Organization and

Employees.

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 section 12511 of this title.

-End-

-CITE-

42 USC Sec. 12653a 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 H - Investment for Quality and Innovation

-HEAD-

Sec. 12653a. Clearinghouses

-STATUTE-

(a) Assistance

The Corporation shall provide assistance to appropriate entities

to establish one or more clearinghouses, including the

clearinghouse described in section 12551 of this title.

(b) Application

To be eligible to receive assistance under subsection (a) of this

section, an entity shall submit an application to the Corporation

at such time, in such manner, and containing such information as

the Corporation may require.

(c) Function of clearinghouses

An entity that receives assistance under subsection (a) of this

section may -

(1) assist entities carrying out State or local community

service programs with needs assessments and planning;

(2) conduct research and evaluations concerning community

service;

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

local community service program administrators, supervisors, 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

community service programs and participants;

(5) provide information, curriculum materials, and technical

assistance relating to planning and operation of community

service programs, to States and local entities eligible to

receive funds under this subchapter;

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

community service programs, components of such successful

programs, innovative youth skills curriculum, and community

service projects; and

(B) coordinate the activities of the clearinghouse with

appropriate entities to avoid duplication of effort;

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

controls to improve the delivery of community service programs

and on changes in the programs under this subchapter; and

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

Officer determines to be appropriate.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 198A, as added Pub. L. 103-82,

title I, Sec. 104(c), Sept. 21, 1993, 107 Stat. 842.)

-MISC1-

PRIOR PROVISIONS

A prior section 12653a, Pub. L. 101-610, title I, Sec. 195A, as

added Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23,

1992, 106 Stat. 2523, which provided for establishment of Civilian

Community Corps Demonstration Program, was renumbered section 152

of Pub. L. 101-610 by Pub. L. 103-82, Sec. 104(b), and transferred

to section 12612 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12638, 12651h of this

title.

-End-

-CITE-

42 USC Sec. 12653b 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 H - Investment for Quality and Innovation

-HEAD-

Sec. 12653b. Presidential awards for service

-STATUTE-

(a) Presidential awards

(1) In general

The President, acting through the Corporation, may make

Presidential awards for service to individuals providing

significant service, and to outstanding service programs.

(2) Individuals and programs

Notwithstanding section 12511(19) of this title -

(A) an individual receiving an award under this subsection

need not be a participant in a program authorized under this

chapter; and

(B) a program receiving an award under this subsection need

not be a program authorized under this chapter.

(3) Nature of award

In making an award under this section to an individual or

program, the President, acting through the Corporation -

(A) is authorized to incur necessary expenses for the

honorary recognition of the individual or program; and

(B) is not authorized to make a cash award to such individual

or program.

(b) Information

The President, acting through the Corporation, shall ensure that

information concerning individuals and programs receiving awards

under this section is widely disseminated.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 198B, as added Pub. L. 103-82,

title I, Sec. 104(c), Sept. 21, 1993, 107 Stat. 843.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a)(2), 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 12653b, Pub. L. 101-610, title I, Sec. 195B, as

added Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23,

1992, 106 Stat. 2523, which related to national service program

component of Civilian Community Corps Demonstration Program, was

renumbered section 153 of Pub. L. 101-610 by Pub. L. 103-82, title

I, Sec. 104(b), Sept. 21, 1993, 107 Stat. 840, and transferred to

section 12613 of this title.

-End-

-CITE-

42 USC Sec. 12653c 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 H - Investment for Quality and Innovation

-HEAD-

Sec. 12653c. Military installation conversion demonstration

programs

-STATUTE-

(a) Purposes

The purposes of this section are to -

(1) provide meaningful service opportunities for economically

disadvantaged youth;

(2) fully utilize military installations affected by closures

or realignments;

(3) encourage communities affected by such closures or

realignments to convert the installations to community use; and

(4) foster a sense of community pride in the youth in the

community.

(b) Definitions

As used in this section:

(1) Affected military installation

The term "affected military installation" means a military

installation being closed or realigned under -

(A) the Defense Base Closure and Realignment Act of 1990

(part A of title XXIX of division B of Public Law 101-510; 10

U.S.C. 2687 note); and

(B) title II of the Defense Authorization Amendments and Base

Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687

note).

(2) Community

The term "community" includes a county.

(3) Convert to community use

The term "convert to community use", used with respect to an

affected military installation, includes -

(A) conversion of the installation or a part of the

installation to -

(i) a park;

(ii) a community center;

(iii) a recreational facility; or

(iv) a facility for a Head Start program under the Head

Start Act (42 U.S.C. 9831 et seq.); and

(B) carrying out, at the installation, a construction or

economic development project that is of substantial benefit, as

determined by the Chief Executive Officer, to -

(i) the community in which the installation is located; or

(ii) a community located within such distance of the

installation as the Chief Executive Officer may determine by

regulation to be appropriate.

(4) Demonstration program

The term "demonstration program" means a program described in

subsection (c) of this section.

(c) Demonstration programs

(1) Grants

The Corporation may make grants to communities and

community-based agencies to pay for the Federal share of

establishing and carrying out military installation conversion

demonstration programs, to assist in converting to community use

affected military installations located -

(A) within the community; or

(B) within such distance from the community as the Chief

Executive Officer may by regulation determine to be

appropriate.

(2) Duration

In carrying out such a demonstration program, the community or

community-based agency may carry out -

(A) a program of not less than 6 months in duration; or

(B) a full-time summer program.

(d) Use of funds

(1) Stipend

A community or community-based agency that receives a grant

under subsection (c) of this section to establish and carry out a

project through a demonstration program may use the funds made

available through such grant to pay for a portion of a stipend

for the participants in the project.

(2) Limitation on amount of stipend

The amount of the stipend provided to a participant under

paragraph (1) that may be paid using assistance provided under

this section and using any other Federal funds shall not exceed

the lesser of -

(A) 85 percent of the total average annual subsistence

allowance provided to VISTA volunteers under section 4955 of

this title; and

(B) 85 percent of the stipend established by the

demonstration program involved.

(e) Participants

(1) Eligibility

A person shall be eligible to be selected as a participant in a

project carried out through a demonstration program if the person

is -

(A) an economically disadvantaged individual; and

(B)(i) a person described in section 12613(b) of this title;

(ii) a youth described in section 12614(a) of this title; or

(iii) an individual described in section 2884 of title 29.

(2) Participation

Persons desiring to participate in such a project shall enter

into an agreement with the service sponsor of the project to

participate -

(A) on a full-time or a part-time basis; and

(B) for the duration referred to in subsection (f)(2)(C) of

this section.

(f) Application

(1) In general

To be eligible to receive a grant under subsection (c) of this

section, a community or community-based agency 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.

(2) Contents

At a minimum, such application shall contain -

(A) a description of the demonstration program proposed to be

conducted by the applicant;

(B) a proposal for carrying out the program that describes

the manner in which the applicant will -

(i) provide preservice and inservice training, for

supervisors and participants, that will be conducted by

qualified individuals or qualified organizations;

(ii) conduct an appropriate evaluation of the program; and

(iii) provide for appropriate community involvement in the

program;

(C) information indicating the duration of the program; and

(D) an assurance that 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.

(g) Limitation on grant

In making a grant under subsection (c) of this section with

respect to a demonstration program to assist in converting an

affected military installation, the Corporation shall not make a

grant for more than 25 percent of the total cost of the conversion.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 198C, as added Pub. L. 103-82,

title I, Sec. 104(c), Sept. 21, 1993, 107 Stat. 843; amended Pub.

L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 405(d)(42)(B),

(f)(33)(A)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-428,

2681-434.)

-REFTEXT-

REFERENCES IN TEXT

The Defense Base Closure and Realignment Act of 1990, referred to

in subsec. (b)(1)(A), is part A of title XXIX of div. B of Pub. L.

101-510, Nov. 5, 1990, 104 Stat. 1808, which is set out as a note

under section 2687 of Title 10, Armed Forces. For complete

classification of this Act to the Code, see Tables.

The Defense Authorization Amendments and Base Closure and

Realignment Act, referred to in subsec. (b)(1)(B), is Pub. L.

100-526, Oct. 24, 1988, 102 Stat. 2623, as amended. Title II of the

Act is set out as a note under section 2687 of Title 10, Armed

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

Short Title of 1988 Amendment note set out under section 2687 of

Title 10 and Tables.

The Head Start Act, referred to in subsec. (b)(3)(A)(iv), is

subchapter B (Secs. 635-657) of chapter 8 of subtitle A of title VI

of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 499, as amended, which is

classified generally to subchapter II (Sec. 9831 et seq.) of

chapter 105 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 9801 of

this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 12653c, Pub. L. 101-610, title I, Sec. 195C, as

added Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23,

1992, 106 Stat. 2524, which related to summer national service

program of Civilian Community Corps Demonstration Program, was

renumbered section 154 of Pub. L. 101-610 by Pub. L. 103-82, Sec.

104(b), and transferred to section 12614 of this title.

AMENDMENTS

1998 - Subsec. (b)(1). Pub. L. 105-277, Sec. 101(f) [title VIII,

Sec. 405(d)(42)(B)(i)], substituted "a military installation being

closed or realigned under - " and subpars. (A) and (B) for "a

military installation described in section 1662d(e)(1) of title

29".

Subsec. (e)(1)(B)(iii). Pub. L. 105-277, Sec. 101(f) [title VIII,

Sec. 405(f)(33)(A)], added cl. (iii) and struck out former cl.

(iii) which read as follows: "an eligible youth described in

section 1693 of title 29 or an individual described in section 2884

of title 29."

Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.

405(d)(42)(B)(ii)], added cl. (iii) and struck out former cl. (iii)

which read as follows: "an eligible youth described in section 1693

of title 29."

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 101(f) [title VIII, Sec. 405(d)(42)(B)] of

Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section

101(f) [title VIII, Sec. 405(f)(33)(A)] of Pub. L. 105-277

effective July 1, 2000, see section 101(f) [title VIII, Sec.

405(g)(1), (2)(B)] of Pub. L. 105-277, set out as a note under

section 3502 of Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 12653d 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 H - Investment for Quality and Innovation

-HEAD-

Sec. 12653d. Special demonstration project

-STATUTE-

(a) Special demonstration project for the Yukon-Kuskokwim delta of

Alaska

The President may award grants to, and enter into contracts with,

organizations to carry out programs that address significant human

needs in the Yukon-Kuskokwim delta region of Alaska.

(b) Application

(1) General requirements

To be eligible to receive a grant or enter into a contract

under subsection (a) of this section with respect to a program,

an organization shall submit an application to the President at

such time, in such manner, and containing such information as the

President may require.

(2) Contents

The application submitted by the organization shall, at a

minimum -

(A) include information describing the manner in which the

program will utilize VISTA volunteers, individuals who have

served in the Peace Corps, and other qualified persons, in

partnership with the local nonprofit organizations known as the

Yukon-Kuskokwim Health Corporation and the Alaska Village

Council Presidents;

(B) take into consideration -

(i) the primarily noncash economy of the region; and

(ii) the needs and desires of residents of the local

communities in the region; and

(C) include specific strategies, developed in cooperation

with the Yupi'k speaking population that resides in such

communities, for comprehensive and intensive community

development for communities in the Yukon-Kuskokwim delta

region.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 198D, as added Pub. L. 103-82,

title I, Sec. 104(c), Sept. 21, 1993, 107 Stat. 845.)

-MISC1-

PRIOR PROVISIONS

Prior sections 12653d to 12653o relating to Civilian Community

Corps were renumbered by Pub. L. 103-82, Sec. 104(b), and

transferred as follows:

Section 12653d, Pub. L. 101-610, title I, Sec. 195D, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2524, which related to organization and membership of the

Corps, was renumbered section 155 of Pub. L. 101-610 and

transferred to section 12615 of this title.

Section 12653e, Pub. L. 101-610, title I, Sec. 195E, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2525, which provided for training of Corps members, was

renumbered section 156 of Pub. L. 101-610 and transferred to

section 12616 of this title.

Section 12653f, Pub. L. 101-610, title I, Sec. 195F, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2526, which related to service projects carried out by

the Corps, was renumbered section 157 of Pub. L. 101-610 and

transferred to section 12617 of this title.

Section 12653g, Pub. L. 101-610, title I, Sec. 195G, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2526, which related to authorized benefits for Corps

members, was renumbered section 158 of Pub. L. 101-610 and

transferred to section 12618 of this title.

Section 12653h, Pub. L. 101-610, title I, Sec. 195H, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2528, which related to administration of the Corps, was

renumbered section 159 of Pub. L. 101-610 and transferred to

section 12619 of this title.

Section 12653i, Pub. L. 101-610, title I, Sec. 195I, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2530, which related to status of Corps members and Corps

personnel under Federal law, was renumbered section 160 of Pub. L.

101-610 and transferred to section 12620 of this title.

Section 12653j, Pub. L. 101-610, title I, Sec. 195J, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2530, which provided for contract and grant authority of

Corps Director, was renumbered section 161 of Pub. L. 101-610 and

transferred to section 12621 of this title.

Section 12653k, Pub. L. 101-610, title I, Sec. 195K, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2531, which set out other departments' responsibilities

to the Corps, was renumbered section 162 of Pub. L. 101-610 and

transferred to section 12622 of this title.

Section 12653l, Pub. L. 101-610, title I, Sec. 195L, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2532, which related to Advisory Board for the Corps, was

renumbered section 163 of Pub. L. 101-610 and transferred to

section 12623 of this title.

Section 12653m, Pub. L. 101-610, title I, Sec. 195M, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2532, which provided for annual evaluations of Corps

programs, was renumbered section 164 of Pub. L. 101-610 and

transferred to section 12624 of this title.

Section 12653n, Pub. L. 101-610, title I, Sec. 195N, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2532, which limited funding for Corps programs, was

renumbered section 165 of Pub. L. 101-610 and transferred to

section 12625 of this title.

Section 12653o, Pub. L. 101-610, title I, Sec. 195O, as added

Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,

106 Stat. 2532, which defined terms used in former part H of this

subchapter, was renumbered section 166 of Pub. L. 101-610 and

transferred to section 12626 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Division I - American Conservation and Youth

Service 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 I - American Conservation and Youth Service Corps

-HEAD-

DIVISION I - AMERICAN CONSERVATION AND YOUTH SERVICE CORPS

-COD-

CODIFICATION

Subtitle I of title I of Pub. L. 101-610, comprising this

division, was formerly classified to part C (Sec. 12541 et seq.) of

this subchapter prior to the general amendment by Pub. L. 103-82,

Sec. 101(a).

-SECREF-

DIVISION REFERRED TO IN OTHER SECTIONS

This division is referred to in sections 12572, 12651d of this

title.

-End-

-CITE-

42 USC Sec. 12655 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 I - American Conservation and Youth Service Corps

-HEAD-

Sec. 12655. General authority

-STATUTE-

The Corporation may make grants to States or local applicants and

may transfer funds to the Secretary of Agriculture or to the

Secretary of the Interior for the creation or expansion of

full-time, part-time, year-round, or summer, youth corps programs

(!1) To the extent practicable, the Corporation shall apply the

provisions of division C of this subchapter in making grants under

this section.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 199A, formerly Sec. 121, Nov. 16,

1990, 104 Stat. 3140; Pub. L. 102-384, Sec. 5, Oct. 5, 1992, 106

Stat. 1455; renumbered Sec. 199A and amended Pub. L. 103-82, title

I, Sec. 101(a), (e)(1), (2), Sept. 21, 1993, 107 Stat. 788, 815.)

-COD-

CODIFICATION

Section was formerly classified to section 12541 of this title

prior to renumbering by Pub. L. 103-82, Sec. 101(a).

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-82, Sec. 101(e)(1), (2), substituted

"Corporation" for "Commission", substituted "or to the Secretary of

the Interior" for ", to the Secretary of the Interior, or to the

Director of ACTION", struck out "under section 12512 of this title"

after "may make grants", and inserted at end "To the extent

practicable, the Corporation shall apply the provisions of division

C of this subchapter in making grants under this section."

1992 - Pub. L. 102-384 amended section generally. Prior to

amendment, section read as follows: "The Commission may make grants

under section 12512 of this title to States or local applicants, to

the Secretary of Agriculture, to the Secretary of the Interior, or

to the Director of ACTION for the creation or expansion of

full-time or summer youth corps programs."

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 12655b of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a period.

-End-

-CITE-

42 USC Sec. 12655a 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 I - American Conservation and Youth Service Corps

-HEAD-

Sec. 12655a. Limitation on purchase of capital equipment

-STATUTE-

Not to exceed 10 percent of the amount of assistance made

available to a program agency under this division shall be used for

the purchase of major capital equipment.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 199B, formerly Sec. 122, Nov. 16,

1990, 104 Stat. 3140; Pub. L. 102-10, Sec. 5(2), Mar. 12, 1991, 105

Stat. 30; renumbered Sec. 199B and amended Pub. L. 103-82, title I,

Sec. 101(a), (e)(3), Sept. 21, 1993, 107 Stat. 788, 815.)

-COD-

CODIFICATION

Section was formerly classified to section 12542 of this title

prior to renumbering by Pub. L. 103-82, Sec. 101(a).

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-82, Sec. 101(e)(3), amended section generally,

substituting provisions relating to limitation on purchase of

capital equipment for provisions relating to allocation of funds.

1991 - Subsec. (e). Pub. L. 102-10 inserted "service" after

"youth".

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. 12655b 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 I - American Conservation and Youth Service Corps

-HEAD-

Sec. 12655b. State application

-STATUTE-

(a) Submission

To be eligible to receive a grant under this division, a State or

Indian tribe (or a local applicant if section 12655 of this title

applies) 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) General content

An application submitted under subsection (a) of this section

shall describe -

(1) any youth corps program proposed to be conducted directly

by such applicant with assistance provided under this division;

and

(2) any grant program proposed to be conducted by such State

with assistance provided under this division for the benefit of

entities within such State.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 199C, formerly Sec. 123, Nov. 16,

1990, 104 Stat. 3141; Pub. L. 102-10, Sec. 5(3), Mar. 12, 1991, 105

Stat. 30; renumbered Sec. 199C and amended Pub. L. 103-82, title I,

Sec. 101(a), (e)(1), (4), Sept. 21, 1993, 107 Stat. 788, 815.)

-COD-

CODIFICATION

Section was formerly classified to section 12543 of this title

prior to renumbering by Pub. L. 103-82, Sec. 101(a).

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-82, Sec. 101(e)(1), (4)(A),

substituted "Corporation" for "Commission" in two places and

"section 12655 of this title" for "section 12542(b) of this title"

and struck out before period at end ", including the information

required under subsection (b) of this section".

Subsecs. (c), (d). Pub. L. 103-82, Sec. 101(e)(4)(B), struck out

subsec. (c) which specified required contents of State applications

and subsec. (d) which required State applicants to establish and

implement programs to make grants to applicants within the State.

1991 - Subsec. (c)(14), (15). Pub. L. 102-10 added par. (14) and

redesignated former par. (14) as (15).

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 12655e, 12655h of this

title.

-End-

-CITE-

42 USC Sec. 12655c 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 I - American Conservation and Youth Service Corps

-HEAD-

Sec. 12655c. Focus of programs

-STATUTE-

(a) In general

Programs that receive assistance under this division may carry

out activities that -

(1) in the case of conservation corps programs, focus on -

(A) conservation, rehabilitation, and the improvement of

wildlife habitat, rangelands, parks, and recreational areas;

(B) urban and rural revitalization, historical and cultural

site preservation, and reforestation of both urban and rural

areas;

(C) fish culture, wildlife habitat maintenance and

improvement, and other fishery assistance;

(D) road and trail maintenance and improvement;

(E) erosion, flood, drought, and storm damage assistance and

controls;

(F) stream, lake, waterfront harbor, and port improvement;

(G) wetlands protection and pollution control;

(H) insect, disease, rodent, and fire prevention and control;

(I) the improvement of abandoned railroad beds and

rights-of-way;

(J) energy conservation projects, renewable resource

enhancement, and recovery of biomass;

(K) reclamation and improvement of strip-mined land;

(L) forestry, nursery, and cultural operations; and

(M) making public facilities accessible to individuals with

disabilities.

(2) in the case of youth service corps programs, include

participant service in -

(A) State, local, and regional governmental agencies;

(B) nursing homes, hospices, senior centers, hospitals, local

libraries, parks, recreational facilities, child and adult day

care centers, programs serving individuals with disabilities,

and schools;

(C) law enforcement agencies,(!1) and penal and probation

systems;

(D) private nonprofit organizations that primarily focus on

social service such as community action agencies;

(E) activities that focus on the rehabilitation or

improvement of public facilities, neighborhood improvements,

literacy training that benefits educationally disadvantaged

individuals, weatherization of and basic repairs to low-income

housing including housing occupied by older adults, energy

conservation (including solar energy techniques), removal of

architectural barriers to access by individuals with

disabilities to public facilities, activities that focus on

drug and alcohol abuse education, prevention and treatment, and

conservation, maintenance, or restoration of natural resources

on publicly held lands; and

(F) any other nonpartisan civic activities and services that

the Corporation determines to be of a substantial social

benefit in meeting unmet human, educational, or environmental

needs (particularly needs related to poverty) or in the

community where volunteer service is to be performed; or

(3) encompass the focuses and services described in both

paragraphs (1) and (2).

(b) Limitation on service

No participant shall perform any specific activity for more than

a 6-month period. No participant shall remain enrolled in programs

assisted under this division for more than 24 months.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 199D, formerly Sec. 124, Nov. 16,

1990, 104 Stat. 3143; Pub. L. 102-10, Sec. 5(4), Mar. 12, 1991, 105

Stat. 30; renumbered Sec. 199D and amended Pub. L. 103-82, title I,

Sec. 101(a), (e)(1), (5), Sept. 21, 1993, 107 Stat. 788, 815, 816.)

-COD-

CODIFICATION

Section was formerly classified to section 12544 of this title

prior to renumbering by Pub. L. 103-82, Sec. 101(a).

-MISC1-

AMENDMENTS

1993 - Subsec. (a)(2)(F). Pub. L. 103-82, Sec. 101(e)(1),

substituted "Corporation" for "Commission".

Subsecs. (b), (c). Pub. L. 103-82, Sec. 101(e)(5), redesignated

subsec. (c) as (b) and struck out former subsec. (b) which related

to ineligible service categories.

1991 - Subsec. (a)(2). Pub. L. 102-10, Sec. 5(4)(A), substituted

"youth service" for "human services" in introductory provisions.

Subsec. (c). Pub. L. 102-10, Sec. 5(4)(B), substituted "any

specific activity for more than a 6-month period. No participant

shall remain enrolled in programs" for "services in any project for

more than a 6-month period. No participant shall remain enrolled in

projects".

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.

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

-End-

-CITE-

42 USC Sec. 12655d 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 I - American Conservation and Youth Service Corps

-HEAD-

Sec. 12655d. Related programs

-STATUTE-

An activity administered under the authority of the Secretary of

Health and Human Services, that is operated for the same purpose as

a program eligible to be carried out under this division, is

encouraged to use services available under this division.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 199E, formerly Sec. 125, Nov. 16,

1990, 104 Stat. 3144; renumbered Sec. 199E, Pub. L. 103-82, title

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

-COD-

CODIFICATION

Section was formerly classified to section 12545 of this title

prior to renumbering by Pub. L. 103-82, Sec. 101(a).

-End-

-CITE-

42 USC Sec. 12655e 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 I - American Conservation and Youth Service Corps

-HEAD-

Sec. 12655e. Public lands or Indian lands

-STATUTE-

(a) Limitation

To be eligible to receive assistance through a grant provided

under this division, a program shall carry out activities on public

lands or Indian lands, or result in a public benefit.

(b) Review of applications

In reviewing applications submitted under section 12655b of this

title that propose programs or projects to be carried out on public

lands or Indian lands, the Corporation shall consult with the

Secretary of the Interior.

(c) Consistency

A program carried out with assistance provided under this

division for conservation, rehabilitation, or improvement of any

public lands or Indian lands shall be consistent with -

(1) the provisions of law and policies relating to the

management and administration of such lands, and all other

applicable provisions of law; and

(2) all management, operational, and other plans and documents

that govern the administration of such lands.

(d) Participation by other conservation programs

Any land or water conservation program (or any related program)

administered in any State under the authority of any Federal

program is encouraged to use services available under this part

(!1) to carry out its program.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 199F, formerly Sec. 126, Nov. 16,

1990, 104 Stat. 3144; renumbered Sec. 199F and amended Pub. L.

103-82, title I, Sec. 101(a), (e)(1), (6), Sept. 21, 1993, 107

Stat. 788, 815, 816.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in subsec. (d), is unidentifiable in the

original because subtitle I (Secs. 199 to 199O) of title I of Pub.

L. 101-610 does not contain parts.

-COD-

CODIFICATION

Section was formerly classified to section 12546 of this title

prior to renumbering by Pub. L. 103-82, Sec. 101(a).

-MISC1-

AMENDMENTS

1993 - Subsec. (b). Pub. L. 103-82, Sec. 101(e)(1), (6),

substituted "Corporation" for "Commission" and "section 12655b of

this title" for "section 12543 of this title".

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.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 12655f 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 I - American Conservation and Youth Service Corps

-HEAD-

Sec. 12655f. Training and education services

-STATUTE-

(a) Assessment of skills

Each program agency shall assess the educational level of

participants at the time of their entrance into the program, using

any available records or simplified assessment means or methodology

and shall, where appropriate, refer such participants for testing

for specific learning disabilities.

(b) Enhancement of skills

Each program agency shall, through the programs and activities

administered under this division, enhance the educational skills of

participants.

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

(1) Requirement

Each program agency shall use not less than 10 percent of the

assistance made available to such agency under this division in

each fiscal year to provide pre-service and in-service training

and educational materials and services for participants in such a

program. Program participants shall be provided with information

concerning the benefits to the community that result from the

activities undertaken by such participants.

(2) Agreements for academic study

A program agency may enter into arrangements with academic

institutions or education providers, including -

(A) local education agencies;

(B) community colleges;

(C) 4-year colleges;

(D) area vocational-technical schools; and

(E) community based organizations;

to evaluate the basic skills of participants and to make academic

study available to participants to enable such participants to

upgrade literacy skills, to obtain high school diplomas or the

equivalent of such diplomas, to obtain college degrees, or to

enhance employable skills.

(3) Counseling

Career and educational guidance and counseling shall be

provided to a participant during a period of in-service training

as described in this subsection. Each graduating participant

shall be provided with counseling with respect to additional

study, job skills training or employment and shall be provided

job placement assistance where appropriate.

(4) Priority for participants without high school diplomas

A program agency shall give priority to participants who have

not obtained a high school diploma or the equivalent of such

diploma, in providing services under this subsection.

(d) Standards and procedures

(1) Consistency with State and local requirements

Appropriate State and local officials shall certify that

standards and procedures with respect to the awarding of academic

credit and the certification of educational attainment in

programs conducted under subsection (c) of this section are

consistent with the requirements of applicable State and local

law and regulations.

(2) Academic standards

The standards and procedures described in paragraph (1) shall

provide that an individual serving in a program that receives

assistance under this division -

(A) who is not a high school graduate, participate in an

educational curriculum so that such individual can earn a high

school diploma or the equivalent of such diploma; and

(B) may arrange to receive academic credit in recognition of

the education and skills obtained from service satisfactorily

completed.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 199G, formerly Sec. 127, Nov. 16,

1990, 104 Stat. 3145; renumbered Sec. 199G, Pub. L. 103-82, title

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

-COD-

CODIFICATION

Section was formerly classified to section 12547 of this title

prior to renumbering by Pub. L. 103-82, Sec. 101(a).

-End-

-CITE-

42 USC Sec. 12655g 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 I - American Conservation and Youth Service Corps

-HEAD-

Sec. 12655g. Repealed. Pub. L. 103-82, title I, Sec. 101(e)(8)(A),

Sept. 21, 1993, 107 Stat. 816

-MISC1-

Section, Pub. L. 101-610, title I, Sec. 199H, formerly Sec. 128,

Nov. 16, 1990, 104 Stat. 3146; Pub. L. 102-10, Sec. 5(5), Mar. 12,

1991, 105 Stat. 30; renumbered Sec. 199H, Pub. L. 103-82, title I,

Sec. 101(a), Sept. 21, 1993, 107 Stat. 788, related to amount of

award and matching requirement.

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 Sec. 12655h 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 I - American Conservation and Youth Service Corps

-HEAD-

Sec. 12655h. Preference for certain projects

-STATUTE-

(a) In general

In the consideration of applications submitted under section

12655b of this title, the Corporation shall give preference to

programs that -

(1) will provide long-term benefits to the public;

(2) will instill a work ethic and a sense of public service in

the participants;

(3) will be labor intensive, and involve youth operating in

crews;

(4) can be planned and initiated promptly; and

(5) will enhance skills development and educational level and

opportunities for the participants.

(b) Special rule

In the consideration of applications under this division the

Corporation shall ensure the equitable treatment of both urban and

rural areas.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 199H, formerly Sec. 129, Nov. 16,

1990, 104 Stat. 3146; renumbered Sec. 199I, renumbered Sec. 199H,

and amended Pub. L. 103-82, title I, Sec. 101(a), (e)(1), (7),

(8)(B), Sept. 21, 1993, 107 Stat. 788, 815, 816.)

-COD-

CODIFICATION

Section was formerly classified to section 12549 of this title

prior to renumbering by Pub. L. 103-82, Sec. 101(a).

-MISC1-

PRIOR PROVISIONS

A prior section 199H of Pub. L. 101-610 was classified to section

12655g of this title prior to repeal by Pub. L. 103-82, Sec.

101(e)(8)(A).

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-82, Sec. 101(e)(1), (7), in

introductory provisions, substituted "Corporation" for "Commission"

and "section 12655b" for "section 12543".

Subsec. (b). Pub. L. 103-82, Sec. 101(e)(1), substituted

"Corporation" for "Commission".

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. 12655i 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 I - American Conservation and Youth Service Corps

-HEAD-

Sec. 12655i. Age and citizenship criteria for enrollment

-STATUTE-

(a) Age and citizenship

Enrollment in programs that receive assistance under this

division shall be limited to individuals who, at the time of

enrollment, are -

(1) not less than 16 years nor more than 25 years of age,

except that summer programs may include individuals not less than

14 years nor more than 21 years of age at the time of the

enrollment of such individuals; and

(2) citizens or nationals of the United States or lawful

permanent resident aliens of the United States.

(b) Participation of disadvantaged youth

Programs that receive assistance under this division shall ensure

that educationally and economically disadvantaged youth, including

youth in foster care who are becoming too old for foster care,

youth with disabilities, youth with limited English proficiency,

youth with limited basic skills or learning disabilities and

homeless youth, are offered opportunities to enroll.

(c) Special corps members

Notwithstanding subsection (a)(1) of this section, program

agencies may enroll a limited number of special corps members over

age 25 so that the corps may draw on their special skills to

fulfill the purposes of this chapter. Programs are encouraged to

consider senior citizens as special corps members.

(d) Joint projects with senior citizens organizations

Program agencies shall use not more than 2 percent of amounts

received under this division to conduct joint projects with senior

citizens organizations to enable senior citizens to serve as

mentors for youth participants.

(e) Construction

Nothing in subsection (a) of this section shall be construed to

prohibit any program agency from limiting enrollment to any age

subgroup within the range specified in subsection (a)(1) of this

section.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 199I, formerly Sec. 130, Nov. 16,

1990, 104 Stat. 3146; Pub. L. 102-384, Sec. 6, Oct. 5, 1992, 106

Stat. 1456; renumbered Sec. 199J, renumbered Sec. 199I, Pub. L.

103-82, title I, Sec. 101(a), (e)(8)(B), Sept. 21, 1993, 107 Stat.

788, 816.)

-REFTEXT-

REFERENCES IN TEXT

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

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

as amended, known as the National and Community Service Act of

1990, 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.

-COD-

CODIFICATION

Section was formerly classified to section 12550 of this title

prior to renumbering by Pub. L. 103-82, Sec. 101(a).

-MISC1-

AMENDMENTS

1992 - Subsec. (a)(1). Pub. L. 102-384 substituted "14" for "15".

-End-

-CITE-

42 USC Sec. 12655j 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 I - American Conservation and Youth Service Corps

-HEAD-

Sec. 12655j. Use of volunteers

-STATUTE-

Program agencies may use volunteer services for purposes of

assisting projects carried out under this division and may expend

funds made available for those purposes to the agency, including

funds made available under this division, to provide for services

or costs incidental to the utilization of such volunteers,

including transportation, supplies, lodging, recruiting, training,

and supervision. The use of volunteer services under this section

shall be subject to the condition that such use does not result in

the displacement of any participant.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 199J, formerly Sec. 131, Nov. 16,

1990, 104 Stat. 3147; renumbered Sec. 199K, renumbered Sec. 199J,

Pub. L. 103-82, title I, Sec. 101(a), (e)(8)(B), Sept. 21, 1993,

107 Stat. 788, 816.)

-COD-

CODIFICATION

Section was formerly classified to section 12551 of this title

prior to renumbering by Pub. L. 103-82, Sec. 101(a).

-End-

-CITE-

42 USC Sec. 12655k 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 I - American Conservation and Youth Service Corps

-HEAD-

Sec. 12655k. Repealed. Pub. L. 103-82, title I, Sec. 101(e)(8)(A),

Sept. 21, 1993, 107 Stat. 816

-MISC1-

Section, Pub. L. 101-610, title I, Sec. 199L, formerly Sec. 132,

Nov. 16, 1990, 104 Stat. 3147; renumbered Sec. 199L, Pub. L.

103-82, title I, Sec. 101(a), Sept. 21, 1993, 107 Stat. 788,

related to post-service benefits.

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 Sec. 12655l 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 I - American Conservation and Youth Service Corps

-HEAD-

Sec. 12655l. Living allowance

-STATUTE-

(a) Full-time service

(1) Living allowance required

Subject to paragraph (3), each participant in a full-time youth

corps program that receives assistance under this division shall

receive a living allowance in an amount equal to or greater than

the average annual subsistence allowance provided to VISTA

volunteers under 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

this division, section 12571 of this title, and any other Federal

funds shall not exceed 85 percent of the total average annual

subsistence allowance provided to VISTA volunteers under section

4955 of this title.

(3) Maximum living allowance

The total amount of an annual living allowance that may be

provided to a participant in a full-time youth corps program that

receives assistance under this division shall not exceed 200

percent of the average annual subsistence allowance provided to

VISTA volunteers under section 4955 of this title.

(4) Waiver or reduction of living allowance

The Corporation may waive or reduce the requirement of

paragraph (1) with respect to such national service program if

such program demonstrates that -

(A) such requirement is inconsistent with the objectives of

the program; and

(B) the amount of the living allowance that will be provided

to each full-time participant is sufficient to meet the

necessary costs of living (including food, housing, and

transportation) in the area in which the program is located.

(5) Exemption

The requirement of paragraph (1) shall not apply to any program

that was in existence on September 21, 1993.

(b) Reduction in existing program benefits

(1) In general

Nothing in this section shall be construed to require a program

in existence on November 16, 1990, to decrease any stipends,

salaries, or living allowances provided to participants under

such program so long as the amount of any such stipends,

salaries, or living allowances that is in excess of the levels

provided for in this section are paid from non-Federal sources.

(2) Fair Labor Standards Act of 1938

For purposes of the Fair Labor Standards Act of 1938 [29 U.S.C.

201 et seq.], residential youth corps programs under this

division will be considered an organized camp.

(c) Health insurance

In addition to the living allowance provided under subsection (a)

of this section, program agencies are encouraged to provide health

insurance to each participant in a full-time youth corps program

who does not otherwise have access to health insurance.

(d) Facilities, services, and supplies

(1) In general

The program agency may deduct, from amounts provided under

subsection (a) of this section to a participant, a reasonable

portion of the costs of the rates for any room and board that is

provided for such participant at a residential facility. Such

deducted funds shall be deposited into rollover accounts that

shall be used solely to defray the costs of room and board for

participants.

(2) Evaluation

The program agency shall establish the amount of the deductions

and rates under paragraph (1) after evaluating the costs of

providing such room and board to the participant.

(3) Duties of program agency

A program agency may provide facilities, quarters, and board

and shall provide limited and emergency medical care,

transportation from administrative facilities to work sites,

accommodations for individuals with disabilities, and other

appropriate services, supplies, and equipment to each

participant.

(4) Other Federal agencies

(A) In general

The Corporation may provide services, facilities, supplies,

and equipment, including any surplus food and equipment

available from other Federal programs, to any program agency

carrying out projects under this division.

(B) Secretary of Defense

Whenever possible, the Corporation shall make arrangements

with the Secretary of Defense to have logistical support

provided by a military installation near the work site,

including the provision of temporary tent centers where needed,

and other supplies and equipment.

(5) Health and safety standards

The Corporation and program agencies shall establish standards

and enforcement procedures concerning the health and safety of

participants for all projects, consistent with Federal, State,

and local health and safety standards.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 199K, formerly Sec. 133, Nov. 16,

1990, 104 Stat. 3147; Pub. L. 102-10, Sec. 5(6), Mar. 12, 1991, 105

Stat. 30; renumbered Sec. 199M, renumbered Sec. 199K, and amended

Pub. L. 103-82, title I, Sec. 101(a), (d), (e)(1), (8)(B), Sept.

21, 1993, 107 Stat. 788, 814-816.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, referred to in subsec.

(b)(2), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended,

which is classified principally to chapter 8 (Sec. 201 et seq.) of

Title 29, Labor. For complete classification of this Act to the

Code, see section 201 of Title 29 and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 12553 of this title

prior to renumbering by Pub. L. 103-82, Sec. 101(a).

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-82, Sec. 101(d), added pars. (1)

to (5) and struck out former pars. (1) and (2) which read as

follows:

"(1) In general. - From assistance provided under this part, each

participant in a full-time youth corps program that receives

assistance under this part shall receive a living allowance of not

more than an amount equal to 100 percent of the poverty line for a

family of two (as defined in section 9902(2) of this title).

"(2) Non-federal sources. - Notwithstanding paragraph (1), a

program agency may provide participants with additional amounts

that are made available from non-Federal sources."

Subsec. (d)(4)(A), (B), (5). Pub. L. 103-82, Sec. 101(e)(1),

substituted "Corporation" for "Commission".

1991 - Subsec. (d)(1). Pub. L. 102-10 substituted "subsection

(a)" for "subsections (a) and (c)".

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. 12655m 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 I - American Conservation and Youth Service Corps

-HEAD-

Sec. 12655m. Joint programs

-STATUTE-

(a) Development

The Corporation may develop, in cooperation with the heads of

other Federal agencies, regulations designed to permit, where

appropriate, joint programs in which activities supported with

assistance made available under this division are coordinated with

activities supported with assistance made available under programs

administered by the heads of such agencies (including title I of

the Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.]).

(b) Standards

Regulations promulgated under subsection (a) of this section

shall establish standards for the approval of joint programs that

meet both the purposes of this subchapter and the purposes of such

statutes under which assistance is made available to support such

projects.

(c) Operation of management agreements

Program agencies may enter into contracts and other appropriate

arrangements with local government agencies and nonprofit

organizations for the operation or management of any projects or

facilities under the program.

(d) Coordination

The Corporation and program agencies carrying out programs under

this division shall coordinate the programs with related Federal,

State, local, and private activities.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 199L, formerly Sec. 134, Nov. 16,

1990, 104 Stat. 3148; renumbered Sec. 199N, renumbered Sec. 199L,

and amended Pub. L. 103-82, title I, Sec. 101(a), (e)(1), (8)(B),

Sept. 21, 1993, 107 Stat. 788, 815, 816; Pub. L. 105-277, div. A,

Sec. 101(f) [title VIII, Sec. 405(d)(42)(C), (f)(33)(B)], Oct. 21,

1998, 112 Stat. 2681-337, 2681-428, 2681-434.)

-REFTEXT-

REFERENCES IN TEXT

The Workforce Investment Act of 1998, referred to in subsec. (a),

is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. Title

I of the Act is classified principally to chapter 30 (Sec. 2801 et

seq.) of Title 29, Labor. For complete classification of this Act

to the Code, see Short Title note set out under section 9201 of

Title 20, Education, and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 12554 of this title

prior to renumbering by Pub. L. 103-82, Sec. 101(a).

-MISC1-

PRIOR PROVISIONS

A prior section 199L of Pub. L. 101-610 was classified to section

12655k of this title prior to repeal by Pub. L. 103-82, Sec.

101(e)(8)(A).

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277, Sec. 101(f) [title VIII,

Sec. 405(f)(33)(B)], struck out "the Job Training Partnership Act

and" after "(including".

Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(42)(C)],

substituted "the Job Training Partnership Act and title I of the

Workforce Investment Act of 1998" for "the Job Training Partnership

Act (29 U.S.C. 1501 et seq.)".

1993 - Subsecs. (a), (d). Pub. L. 103-82, Sec. 101(e)(1),

substituted "Corporation" for "Commission".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 101(f) [title VIII, Sec. 405(d)(42)(C)] of

Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section

101(f) [title VIII, Sec. 405(f)(33)(B)] of Pub. L. 105-277

effective July 1, 2000, see section 101(f) [title VIII, Sec.

405(g)(1), (2)(B)] of Pub. L. 105-277, set out as a note under

section 3502 of Title 5, Government Organization and Employees.

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. 12655n 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 I - American Conservation and Youth Service Corps

-HEAD-

Sec. 12655n. Federal and State employee status

-STATUTE-

(a) In general

Participants and crew leaders shall be responsible to, or be the

responsibility of, the program agency administering the program on

which such participants, crew leaders, and volunteers work.

(b) Non-Federal employees

(1) In general

Except as otherwise provided in this subsection, a participant

or crew leader in a program that receives assistance under this

division shall not be considered a Federal employee and shall not

be subject to the provisions of law relating to Federal

employment.

(2) Work-related injury

For purposes of subchapter I of chapter 81 of title 5, relating

to the compensation of Federal employees for work injuries, a

participant or crew leader serving in a program that receives

assistance under this division shall be considered an employee of

the United States within the meaning of the term "employee" as

defined in section 8101 of title 5 and the provision (!1) of that

subchapter shall apply, except -

(A) the term "performance of duty", as used in such

subchapter, shall not include an act of a participant or crew

leader while absent from the assigned post of duty of such

participant or crew leader, except while participating in an

activity authorized by or under the direction and supervision

of a program agency (including an activity while on pass or

during travel to or from such post of duty); and

(B) compensation for disability shall not begin to accrue

until the day following the date that the employment of the

injured participant or crew leader is terminated.

(3) Tort claims procedure

For purposes of chapter 171 of title 28, relating to tort

claims procedure, a participant or crew leaders assigned to a

youth corps program for which a grant has been made to the

Secretary of Agriculture, Secretary of the Interior, or the

Director of ACTION, shall be considered an employee of the United

States within the meaning of the term "employee of the

government" as defined in section 2671 of such title.

(4) Allowance for quarters

For purposes of section 5911 of title 5, relating to allowances

for quarters, a participant or crew leader shall be considered an

employee of the United States within the meaning of the term

"employee" as defined in paragraph (3) of subsection (a) of such

section.

(c) Availability of appropriation

Contract authority under this division shall be subject to the

availability of appropriations. Assistance made available under

this division shall only be used for activities that are in

addition to those which would otherwise be carried out in the area

in the absence of such funds.

-SOURCE-

(Pub. L. 101-610, title I, Sec. 199M, formerly Sec. 135, Nov. 16,

1990, 104 Stat. 3149; renumbered Sec. 199O, renumbered Sec. 199M,

Pub. L. 103-82, title I, Sec. 101(a), (e)(8)(B), Sept. 21, 1993,

107 Stat. 788, 816, as amended Pub. L. 103-304, Sec. 3(b)(1), Aug.

23, 1994, 108 Stat. 1567.)

-COD-

CODIFICATION

Section was formerly classified to section 12555 of this title

prior to renumbering by Pub. L. 103-82, Sec. 101(a).

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-304 amended directory language of Pub. L.

103-82, Sec. 101(a)(3), which renumbered section 135 of Pub. L.

101-610 as section 199O.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-304 effective as of Oct. 1, 1993, see

section 3(b)(10)(B) of Pub. L. 103-304, set out as a note under

section 4953 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Director of ACTION Agency (including

all related functions of any officer or employee of ACTION Agency)

to Corporation for National and Community Service, and effective

date of such transfer, see section 203(c), (d) of Pub. L. 103-82,

set out as a note under section 12651 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "provisions".

-End-

-CITE-

42 USC Division J - Miscellaneous 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 J - Miscellaneous

-HEAD-

DIVISION J - MISCELLANEOUS

-End-

-CITE-

42 USC Sec. 12656 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 J - Miscellaneous

-HEAD-

Sec. 12656. Urban Youth Corps

-STATUTE-

(a) Findings

The Congress finds the following:

(1) The rehabilitation, reclamation, and beautification of

urban public housing, recreational sites, youth and senior

centers, and public roads and public works facilities through the

efforts of young people in the United States in an Urban Youth

Corps can benefit these youths, while also benefiting their

communities, by -

(A) providing them with education and work opportunities;

(B) furthering their understanding and appreciation of the

challenges faced by individuals residing in urban communities;

and

(C) providing them with a means to pay for higher education

or to repay indebtedness they have incurred to obtain higher

education.

(2) A significant number of housing units for low-income

individuals in urban areas has become substandard and unsafe and

the deterioration of urban roadways, mass transit systems, and

transportation facilities in the United States have contributed

to the blight encountered in many cities in the United States.

(3) As a result, urban housing, public works, and

transportation resources are in need of labor intensive

rehabilitation, reclamation, and beautification work that has

been neglected in the past and cannot be adequately carried out

by Federal, State, and local government at existing personnel

levels.

(4) Urban youth corps have established a good record of

rehabilitating, reclaiming, and beautifying these kinds of

resources in a cost-efficient manner, especially when they have

worked in partnership with government housing, public works, and

transportation authorities and agencies.

(b) Purpose

It is the purpose of this section -

(1) to perform, in a cost-effective manner, appropriate service

projects to rehabilitate, reclaim, beautify, and improve public

housing and public works and transportation facilities and

resources in urban areas suffering from high rates of poverty

where work will not be performed by existing employees;

(2) to assist government housing, public works, and

transportation authorities and agencies;

(3) to expose young people in the United States to public

service while furthering their understanding and appreciation of

their community;

(4) to expand educational opportunity for individuals who

participate in the Urban Youth Corps established by this section

by providing them with an increased ability to pursue

postsecondary education or job training; and

(5) to stimulate interest among young people in the United

States in lifelong service to their communities and the United

States.

(c) Definitions

For purposes of this section:

(1) Appropriate service project

The term "appropriate service project" means any project for

the rehabilitation, reclamation, or beautification of urban

public housing and public works and transportation resources or

facilities.

(2) Corps and Urban Youth Corps

The term "Corps" and "Urban Youth Corps" mean the Urban Youth

Corps established under subsection (d)(1) of this section.

(3) Qualified urban youth corps

The term "qualified urban youth corps" means any program

established by a State or local government or by a nonprofit

organization that -

(A) is capable of offering meaningful, full-time, productive

work for individuals between the ages of 16 and 25, inclusive,

in an urban or public works or transportation setting;

(B) gives participants a mix of work experience, basic and

life skills, education, training, and support services; and

(C) provides participants with the opportunity to develop

citizenship values and skills through service to their

communities and the United States.

(4) Secretary

The term "Secretary" means the Secretary of Housing and Urban

Development or the Secretary of Transportation.

(5) State

The term "State" means any State of the United States, the

District of Columbia, the Commonwealth of Puerto Rico, Guam, the

Virgin Islands of the United States, American Samoa, and the

Commonwealth of the Northern Mariana Islands.

(d) Establishment of Urban Youth Corps

(1) Establishment

There is hereby established in the Department of Housing and

Urban Development and the Department of Transportation an Urban

Youth Corps. The Corps shall consist of individuals between the

ages of 16 and 25, inclusive, who are enrolled as participants in

the Corps by the Secretary of Housing and Urban Development and

the Secretary of Transportation. To be eligible for enrollment in

the Corps, an individual shall satisfy the criteria specified in

section 139(b) of the National and Community Service Act of 1990

[42 U.S.C. 12593(b)]. The Secretaries may enroll such individuals

in the Corps without regard to the civil service and

classification laws, rules, or regulations of the United States.

The Secretaries may establish a preference for the enrollment in

the Corps of individuals who are economically, physically, or

educationally disadvantaged.

(2) Use of qualified urban youth corps

The Secretaries are authorized to enter into contracts and

cooperative agreements with any qualified urban youth corps to

perform appropriate service projects described in paragraph (3).

As part of the Urban Youth Corps established in the Department of

Transportation, the Secretary of Transportation may make grants

to States (and through States to local governments) for the

purpose of establishing, operating, or supporting qualified urban

youth corps that will perform appropriate service projects

relating to transportation resources or facilities.

(3) Service projects

The Secretaries may each utilize the Corps or any qualified

urban youth corps to carry out appropriate service projects that

the Secretary involved is authorized to carry out under other

authority of law involving public housing projects or public

works resources or facilities.

(4) Preference for certain projects

In selecting an appropriate service project to be carried out

under this section, the Secretaries shall give a preference to

those projects which -

(A) will provide long-term benefits to the public;

(B) will instill in the participant a work ethic and a sense

of public service;

(C) will be labor intensive;

(D) can be planned and initiated promptly; and

(E) will provide academic, experiential, or community

education opportunities.

(5) Consistency

Each appropriate service project carried out under this section

in any public housing project or public works resource or

facility shall be consistent with the provisions of law and

policies relating to the management and administration of such

projects, facilities, or resources, with all other applicable

provisions of law, and with all management, operational, and

other plans and documents which govern the administration of such

projects, facilities, or resources.

(e) Living allowances

The Secretaries shall provide each participant in the Urban Youth

Corps with a living allowance in an amount not to exceed the

maximum living allowance authorized by section 140(a)(3) of the

National and Community Service Act of 1990 [42 U.S.C. 12594(a)(3)]

for participants in a national service program assisted under

subtitle C of title I of such Act [42 U.S.C. 12571 et seq.].

(f) Terms of service

Each participant in the Urban Youth Corps shall agree to

participate in the Corps for a term of service established by the

Secretary involved, consistent with the terms of service required

under section 139(b) of the National and Community Service Act of

1990 [42 U.S.C. 12593(b)] for participants in a national service

program assisted under subtitle C of title I of such Act [42 U.S.C.

12571 et seq.].

(g) Educational awards

(1) Eligibility

Each participant in the Urban Youth Corps shall be eligible for

a national service educational award in the manner prescribed in

subtitle D of title I of the National and Community Service Act

of 1990 [42 U.S.C. 12601 et seq.] if such participant complies

with such requirements as may be established under this subtitle

by the Secretary involved respecting eligibility for the award.

The period during which the award may be used, the purposes for

which the award may be used, and the amount of the award shall be

determined as provided under such subtitle.

(2) Forbearance in the collection of Stafford loans

For purposes of section 1078 of title 20, in the case of

borrowers who are participants in the Urban Youth Corps, upon

written request, a lender shall grant a borrower forbearance on

such terms as are otherwise consistent with the regulations of

the Secretary of Education, during periods in which the borrower

is serving as such a participant and eligible for a national

service educational award under paragraph (1).

(h) Nondisplacement

The nondisplacement requirements of section 177 of the National

and Community Service Act of 1990 [42 U.S.C. 12637] shall be

applicable to all activities carried out by the Urban Youth Corps

and to all activities carried out under this section by a qualified

urban youth corps.

(i) Cost sharing

(1) Projects by qualified urban youth corps

The Secretaries are each authorized to pay not more than 75

percent of the costs of any appropriate service project carried

out pursuant to this section by a qualified urban youth corps.

The remaining 25 percent of the costs of such a project may be

provided from nonfederal sources in the form of funds, services,

facilities, materials, equipment, or any combination of the

foregoing.

(2) Donations

The Secretaries are each authorized to accept donations of

funds, services, facilities, materials, or equipment for the

purposes of operating the Urban Youth Corps and carrying out

appropriate service projects by the Corps. However, nothing in

this section shall be construed to require any cost sharing for

any project carried out directly by the Corps.

(3) Funds available under National and Community Service Act

In order to carry out the Urban Youth Corps or to support

qualified urban youth corps under this section, the Secretaries

shall be eligible to apply for and receive assistance under

section 121(b) of the National and Community Service Act of 1990

[42 U.S.C. 12571(b)].

-SOURCE-

(Pub. L. 103-82, title I, Sec. 106, Sept. 21, 1993, 107 Stat. 854.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in subsec. (d)(1), are set

forth in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

The classification laws, referred to in subsec. (d)(1), are

classified to chapter 51 (Sec. 5101 et seq.) and subchapter III

(Sec. 5331 et seq.) of chapter 53 of Title 5.

The National and Community Service Act of 1990, referred to in

subsecs. (e), (f), and (g)(1), is Pub. L. 101-610, Nov. 16, 1990,

104 Stat. 3127, as amended. Subtitles C and D of title I of the Act

are classified generally to divisions C (Sec. 12571 et seq.) and D

(Sec. 12601 et seq.), respectively, of this subchapter. For

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

note set out under section 12501 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the National and Community Service

Trust Act of 1993, and not as part of the National and Community

Service Act of 1990 which comprises this chapter.

-MISC1-

EFFECTIVE DATE

Section 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 section 12572 of this title.

-End-

-CITE-

42 USC SUBCHAPTER II - POINTS OF LIGHT FOUNDATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER II - POINTS OF LIGHT FOUNDATION

-HEAD-

SUBCHAPTER II - POINTS OF LIGHT FOUNDATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 12661 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER II - POINTS OF LIGHT FOUNDATION

-HEAD-

Sec. 12661. Findings and purpose

-STATUTE-

(a) Findings

Congress finds that -

(1) community service and service to others is an integral part

of American tradition;

(2) existing volunteers and volunteer programs should be

praised for their efforts in helping and serving others;

(3) the definition of a successful life includes service to

others;

(4) individuals should be encouraged to volunteer their time

and energies in community service efforts;

(5) if asked to volunteer or participate in community service,

most Americans will do so;

(6) institutions should be encouraged to volunteer their

resources and energies and should encourage volunteer and

community service among their members, employees, affiliates; and

(7) volunteer and community service programs are intended to

complement and not replace governmental responsibilities.

(b) Purpose

It is the purpose of this subchapter -

(1) to encourage every American and every American institution

to help solve our most critical social problems by volunteering

their time, energies and services through community service

projects and initiatives;

(2) to identify successful and promising community service

projects and initiatives, and to disseminate information

concerning such projects and initiatives to other communities in

order to promote their adoption nationwide; and

(3) to discover and encourage new leaders and develop

individuals and institutions that serve as strong examples of a

commitment to serving others and to convince all Americans that a

successful life includes serving others.

-SOURCE-

(Pub. L. 101-610, title III, Sec. 302, Nov. 16, 1990, 104 Stat.

3180.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12662, 12663, 12664 of

this title.

-End-

-CITE-

42 USC Sec. 12662 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER II - POINTS OF LIGHT FOUNDATION

-HEAD-

Sec. 12662. Authority

-STATUTE-

(a) In general

The President, acting through the Corporation, is authorized to

designate a private, nonprofit organization (hereinafter referred

to in this subchapter as the Foundation) to receive funds pursuant

to section 12681(b) of this title in furtherance of activities

under section 12661 of this title, upon the determination of the

Corporation that such organization is capable of carrying out the

undertakings described in section 12661 of this title. Any such

designation by the Corporation shall be revocable.

(b) Construction

Nothing in this chapter shall be construed either -

(1) to cause the Foundation to be deemed an agency,

establishment, or instrumentality of the United States

Government; or

(2) to cause the directors, officers or employees of the

Foundation to be deemed officers or employees of the United

States.

-SOURCE-

(Pub. L. 101-610, title III, Sec. 303, Nov. 16, 1990, 104 Stat.

3181; Pub. L. 103-82, title IV, Sec. 402(b)(4), Sept. 21, 1993, 107

Stat. 919.)

-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, known as the National and Community Service Act of

1990, 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-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-82 substituted "The President,

acting through the Corporation," for "The President", inserted "in

furtherance of activities under section 12661 of this title" after

"section 12681(b) of this title", and substituted "Corporation" for

"President" in two places.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12663 of this title.

-End-

-CITE-

42 USC Sec. 12663 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER II - POINTS OF LIGHT FOUNDATION

-HEAD-

Sec. 12663. Grants to Foundation

-STATUTE-

(a) In general

Funds made available pursuant to sections 12662 and 12681(b) of

this title shall be granted to the Foundation by a department or

agency in the executive branch of the United States Government

designated by the President -

(1) to assist the Foundation in carrying out the undertakings

described in section 12661 of this title; and

(2) for the administrative expenses of the Foundation.

(b) Interest earned on accounts

Notwithstanding any other provision of law, the Foundation may

hold funds granted to it pursuant to this subchapter in

interest-bearing accounts, prior to the disbursement of such funds

for purposes specified in subsection (a) of this section, and may

retain for such purposes any interest earned on such deposits

without returning such interest to the Treasury of the United

States and without further appropriation by the Congress.

-SOURCE-

(Pub. L. 101-610, title III, Sec. 304, Nov. 16, 1990, 104 Stat.

3181.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12664 of this title.

-End-

-CITE-

42 USC Sec. 12664 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER II - POINTS OF LIGHT FOUNDATION

-HEAD-

Sec. 12664. Eligibility of Foundation for grants

-STATUTE-

(a) Compliance

Grants may be made to the Foundation pursuant to this subchapter

only if the Foundation agrees to comply with the requirements of

this subchapter. If the Foundation fails to comply with the

requirements of this subchapter, additional funds shall not be

released until the Foundation brings itself into compliance with

such requirements.

(b) Activities

The Foundation may use funds provided under this subchapter only

for activities and programs consistent with the purposes described

in sections 12661 and 12663 of this title.

(c) Limitation

The Foundation shall not issue any shares of stock or declare or

pay any dividends.

(d) Compensation

No part of the funds available to the Foundation shall inure to

the benefit of any board member, officer, or employee of the

Foundation, except as salary or reasonable compensation for

services or expenses. Compensation for board members shall be

limited to reimbursement for reasonable costs of travel and

expenses.

(e) Conflicts of interest

No director, officer, or employee of the Foundation shall

participate, directly or indirectly, in the consideration or

determination of any question before the Foundation that affects

his or her financial interests or the financial interests of any

corporation, partnership, entity, or organization in which he or

she has a direct or indirect financial interest.

(f) Political activity

The Foundation shall not engage in lobbying or propaganda for the

purpose of influencing legislation, and shall not participate or

intervene in any political campaign on behalf of any candidate for

public office.

(g) Private sector contributions

During the second and third fiscal years in which funds are

provided to the Foundation under this subchapter, the Foundation

shall raise from private sector donations an amount equal to not

less than 25 percent of any funds provided to the Foundation under

this subchapter in such fiscal year. Funds shall be released to the

Foundation during such fiscal year only to the extent that the

matching requirement of the subsection has been met.

(h) Audit of accounts

The accounts of the Foundation shall be audited annually by

independent certified public accountants or independent licensed

public accountants certified or licensed by a regulatory authority

of a State or other political subdivision of the United States in

accordance with generally accepted auditing standards. The

reports,(!1) of each such independent audit shall be included in

the annual report required by subsection (l) of this section.

(i) Audits by agencies

In fiscal years in which the Foundation is receiving grants under

this subchapter, the accounts of the Foundation may be audited at

any time by any agency designated by the President. The Foundation

shall keep such records as will facilitate effective audits.

(j) Congressional oversight

In fiscal years in which the Foundation is receiving grants under

this subchapter, the Foundation shall be subject to appropriate

oversight procedures of Congress.

(k) Duties

The Foundation shall ensure -

(1) that recipients of financial assistance provided by the

Foundation under this subchapter, shall keep separate accounts

with respect to such assistance and such records as may be

reasonably necessary to disclose fully -

(A) the amount and the disposition by such recipient of the

assistance received from the Foundation;

(B) the total cost of the project or undertaking in

connection with which such assistance is given or used;

(C) the amount and nature of that portion of the cost of the

project or undertaking supplied by other sources; and

(D) such other records as will facilitate effective audits;

and

(2) that the Foundation, or any of its duly authorized

representatives including any agency designated by the President

pursuant to subsection (i) of this section shall have access, for

the purpose of audit and examination, to any books, documents,

papers, and records of the recipient that are pertinent to

assistance provided from funds granted pursuant to this

subchapter.

(l) Annual reports

The Foundation shall prepare and submit to the President and to

the appropriate Committees of Congress an annual report, that shall

include a comprehensive and detailed description of the

Foundation's operations, activities, financial condition, and

accomplishments for the fiscal year preceding the year in which the

report is submitted. Such report shall be submitted not later than

3 months after the conclusion of any fiscal year in which the

Foundation receives grants under this subchapter.

-SOURCE-

(Pub. L. 101-610, title III, Sec. 305, Nov. 16, 1990, 104 Stat.

3181.)

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

-End-

-CITE-

42 USC SUBCHAPTER III - PROJECTS HONORING VICTIMS OF

TERRORIST ATTACKS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER III - PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS

-HEAD-

SUBCHAPTER III - PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS

-End-

-CITE-

42 USC Sec. 12671 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER III - PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS

-HEAD-

Sec. 12671. Projects

-STATUTE-

(a) Definition

In this section, the term "Foundation" means the Points of Light

Foundation funded under section 301,(!1) or another nonprofit

private organization, that enters into an agreement with the

Corporation to carry out this section.

(b) Identification of projects

(1) Estimated number

Not later than March 1, 2002, the Foundation, after obtaining

the guidance of the heads of appropriate Federal agencies, such

as the Director of the Office of Homeland Security and the

Attorney General, shall -

(A) make an estimate of the number of victims killed as a

result of the terrorist attacks on September 11, 2001 (referred

to in this section as the "estimated number"); and

(B) compile a list that specifies, for each individual that

the Foundation determines to be such a victim, the name of the

victim and the State in which the victim resided.

(2) Identified projects

The Foundation may identify approximately the estimated number

of community-based national and community service projects that

meet the requirements of subsection (d) of this section. The

Foundation may name projects in honor of victims described in

subsection (b)(1)(A) of this section, after obtaining the

permission of an appropriate member of the victim's family and

the entity carrying out the project.

(c) Eligible entities

To be eligible to have a project named under this section, the

entity carrying out the project shall be a political subdivision of

a State, a business, a nonprofit organization (which may be a

religious organization), an Indian tribe, or an institution of

higher education.

(d) Projects

The Foundation shall name, under this section, projects -

(1) that advance the goals of unity, and improving the quality

of life in communities; and

(2) that will be planned, or for which implementation will

begin, within a reasonable period after January 10, 2002, as

determined by the Foundation.

(e) Website and database

The Foundation shall create and maintain websites and databases,

to describe projects named under this section and serve as

appropriate vehicles for recognizing the projects.

-SOURCE-

(Pub. L. 101-610, title IV, Sec. 401, as added Pub. L. 107-117,

div. B, Sec. 1301(b), Jan. 10, 2002, 115 Stat. 2339.)

-REFTEXT-

REFERENCES IN TEXT

Section 301, referred to in subsec. (a), is section 301 of Pub.

L. 101-610, title III, Nov. 16, 1990, 104 Stat. 3180, which is set

out as a note under section 12501 of this title and provides the

short title for title III of Pub. L. 101-610, which enacted

subchapter II (Sec. 12661 et seq.) of this chapter, relating to the

Points of Light Foundation and its funding.

-MISC1-

PRIOR PROVISIONS

A prior section 12671, Pub. L. 101-610, title IV, Sec. 401, Nov.

16, 1990, 104 Stat. 3183, stated sense of Congress concerning State

enactment of model Good Samaritan Food Donation Act, prior to

repeal by Pub. L. 104-210, Sec. 1(a)(1), Oct. 1, 1996, 110 Stat.

3011.

A prior section 12672, Pub. L. 101-610, title IV, Sec. 402, Nov.

16, 1990, 104 Stat. 3183, which set forth the model Good Samaritan

Food Donation Act, was renumbered section 22 of the Child Nutrition

Act of 1966 by Pub. L. 104-210, Sec. 1(b), Oct. 1, 1996, 110 Stat.

3012, and is classified to section 1791 of this title.

A prior section 12673, Pub. L. 101-610, title IV, Sec. 403, Nov.

16, 1990, 104 Stat. 3185, provided that model Good Samaritan Food

Donation Act was intended only to serve as model law for enactment

by States, District of Columbia, Commonwealth of Puerto Rico, and

territories and possessions of United States, and that enactment of

section 12672 of this title was to have no force or effect in law,

prior to repeal by Pub. L. 104-210, Sec. 1(a)(1), Oct. 1, 1996, 110

Stat. 3011.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

-HEAD-

SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

-End-

-CITE-

42 USC Sec. 12681 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

-HEAD-

Sec. 12681. Authorization of appropriations

-STATUTE-

(a) Subchapter I

(1) Division B

(A) In general

There are authorized to be appropriated to provide financial

assistance under division B of subchapter I of this chapter,

$45,000,000 for fiscal year 1994 and such sums as may be

necessary for each of the fiscal years 1995 through 1996.

(B) Programs

Of the amount appropriated under subparagraph (A) for a

fiscal year -

(i) not more than 63.75 percent shall be available to

provide financial assistance under subpart A of part I of

division B of subchapter I of this chapter;

(ii) not more than 11.25 percent shall be available to

provide financial assistance under subpart B of part I of

such division; and

(iii) not more than 25 percent shall be available to

provide financial assistance under part II of such division.

(2) Divisions C, D, and H

(A) In general

There are authorized to be appropriated to provide financial

assistance under divisions C and H of subchapter I of this

chapter, to provide national service educational awards under

division D of subchapter I of this chapter, and to carry out

such audits and evaluations as the Chief Executive Officer or

the Inspector General of the Corporation may determine to be

necessary, $300,000,000 for fiscal year 1994, $500,000,000 for

fiscal year 1995, and $700,000,000 for fiscal year 1996.

(B) Programs

Of the amount appropriated under subparagraph (A) for a

fiscal year, up to 15 percent shall be made available to

provide financial assistance under section 12575 of this title,

under subsections (b) and (c) of section 12576 of this title,

and under division H of subchapter I of this chapter.

(3) Division E

There are authorized to be appropriated to provide financial

assistance under division E of subchapter I of this chapter, such

sums as may be necessary for each of the fiscal years 1995

through 1996.

(4) Administration

(A) In general

There are authorized to be appropriated for the

administration of this chapter $40,000,000 for fiscal year

1994, $60,000,000 for fiscal year 1995, and $70,000,000 for

fiscal year 1996.

(B) Corporation

Of the amounts appropriated under subparagraph (A) for a

fiscal year -

(i) up to 60 percent shall be made available to the

Corporation for the administration of this chapter; and

(ii) the remainder shall be available to provide financial

assistance under section 12576(a) of this title.

(b) Subchapter II

There are authorized to be appropriated to carry out subchapter

II of this chapter $5,000,000 for each of the fiscal years 1994

through 1996.

(c) Availability of appropriations

Funds appropriated under this section shall remain available

until expended.

(d) Specification of budget function

The authorizations of appropriations contained in this section

shall be considered to be a component of budget function 500 as

used by the Office of Management and Budget to cover education,

training, employment, and social services, and, as such, shall be

considered to be related to the programs of the Departments of

Labor, Health and Human Services, and Education for budgetary

purposes.

-SOURCE-

(Pub. L. 101-610, title V, Sec. 501, Nov. 16, 1990, 104 Stat. 3185;

Pub. L. 102-384, Sec. 11, Oct. 5, 1992, 106 Stat. 1459; Pub. L.

103-82, title III, Sec. 301(a), Sept. 21, 1993, 107 Stat. 897.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a)(4), 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-

AMENDMENTS

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

subsecs. (a) to (d) for former subsecs. (a) and (b) which

authorized appropriations to carry out subchapter I for fiscal year

1993 and subchapter II for fiscal years 1991 to 1993.

1992 - Subsec. (a)(1). Pub. L. 102-384, Sec. 11(a), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: "There

are authorized to be appropriated to carry out subchapter I of this

chapter, $56,000,000 for fiscal year 1991, $95,500,000 for fiscal

year 1992, and $105,000,000 for fiscal year 1993."

Subsec. (a)(2). Pub. L. 102-384, Sec. 11(b), substituted

"paragraph (1)(A)" for "paragraph (1)" in introductory provisions,

redesignated subpars. (B) to (D) as (A) to (C), respectively, added

subpar. (D), and struck out former subpar. (A) which read as

follows: "$2,000,000 shall be made available to carry out part G of

subchapter I of this chapter in each such fiscal year;".

EFFECTIVE DATE OF 1993 AMENDMENT

Section 301(b) of Pub. L. 103-82 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect on

October 1, 1993."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12576, 12581, 12601,

12625, 12640, 12662, 12663 of this title.

-End-

-CITE-

42 USC Sec. 12682 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

-HEAD-

Sec. 12682. Actions under national service laws to be subject to

availability of appropriations

-STATUTE-

No action involving the obligation or expenditure of funds may be

taken under one of the national service laws (as defined in section

12511(15) of this title) unless and until the Corporation for

National and Community Service has sufficient appropriations

available at the time such action is taken to satisfy the

obligation to be incurred or make the expenditure to be made.

-SOURCE-

(Pub. L. 103-82, title II, Sec. 205, Sept. 21, 1993, 107 Stat.

897.)

-COD-

CODIFICATION

Section enacted as part of the National and Community Service

Trust Act of 1993, and not as part of the National and Community

Service Act of 1990 which comprises this chapter.

-End-