ASN Diversity Questionnaire Authorizing Statute

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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
Pub. L. 103–82, title II, § 201(c), Sept. 21, 1993, 107 Stat.
873, 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
Pub. L. 103–82, title II, § 201(d), Sept. 21, 1993, 107 Stat.
873, 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].’’

§ 12639. Evaluation
(a) In general
The Corporation shall provide, directly or
through grants or contracts, for the continuing
evaluation of programs that receive assistance
under the national service laws, including evaluations that measure the impact of such programs, to determine—
(1) the effectiveness of programs receiving
assistance under the national service laws in
achieving stated goals and the costs associated with such programs, including an evaluation of each such program’s performance based
on the performance levels established under
subsection (k); and
(2) the effectiveness of the structure and
mechanisms for delivery of services, such as
the effective utilization of the participants’
time, the management of the participants, and
the ease with which recipients were able to receive services, to maximize the cost effectiveness and the impact of such programs.
(b) Comparisons
The Corporation shall provide for inclusion in
the evaluations required under subsection (a),
where appropriate, comparisons of participants
in such programs with individuals who have not
participated in such programs.
(c) Conducting evaluations
Evaluations of programs under subsection (a)
shall be conducted by individuals who are not
directly involved in the administration of such
program.
(d) Standards
The Corporation shall develop and publish
general standards for the evaluation of program
effectiveness in achieving the objectives of the
national service laws.
(e) Community participation
In evaluating a program receiving assistance
under the national service laws, the Corporation

§ 12639

shall consider the opinions of participants and
members of the communities where services are
delivered concerning the strengths and weaknesses of such program.
(f) Comparison of program models
The Corporation shall evaluate and compare
the effectiveness of different program models in
meeting the program objectives described in
subsection (g) including full- and part-time programs, programs involving different types of national service, programs using different recruitment methods, programs offering alternative
voucher or post-service benefit options, and programs utilizing individual placements and
teams.
(g) Program objectives
The Corporation shall ensure that programs
that receive assistance under division C are
evaluated to determine their effectiveness in—
(1) recruiting and enrolling diverse participants in such programs, consistent with the
requirements of section 12575 1 of this title,
based on economic background, race, ethnicity, age, marital status, education levels,
and disability;
(2) promoting the educational achievement
of each participant in such programs, based on
earning a high school diploma or the equivalent of such diploma and the future enrollment and completion of increasingly higher
levels of education;
(3) encouraging each participant to engage
in public and community service after completion of the program based on career choices
and service in other service programs such as
the Volunteers in Service to America Program
and National Senior Service Corps programs
established under the Domestic Volunteer
Service Act of 1973 (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
engage in service that benefits the community.
1 See

References in Text note below.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(h) Obtaining information
(1) In general
In conducting the evaluations required
under this section, the Corporation may require each program participant and State or
local applicant to provide such information as
may be necessary to carry out the requirements of this section.
(2) Confidentiality
(A) In general
The Corporation shall maintain the confidentiality of information acquired under
this subsection regarding individual participants.
(B) Disclosure
(i) Consent
The content of any information described in subparagraph (A) may be disclosed with the prior written consent of
the individual participant with respect to
whom the information is maintained.
(ii) Aggregate information
The Corporation may disclose information about the aggregate characteristics of
such participants.
(i) Independent evaluation and report of demographics of national service participants and
communities
(1) Independent evaluation
(A) In general
The Corporation shall, on an annual basis,
arrange for an independent evaluation of the
programs assisted under division C.
(B) Participants
(i) In general
The entity conducting such evaluation
shall determine the demographic characteristics of the participants in such programs.
(ii) Characteristics
The entity shall determine, for the year
covered by the evaluation, the total number of participants in the programs, and
the number of participants within the programs in each State, by sex, age, economic
background, education level, ethnic group,
disability classification, and geographic
region.
(iii) Categories
The Corporation shall determine appropriate categories for analysis of each of
the characteristics referred to in clause
(ii) for purposes of such an evaluation.
(C) Communities
In conducting the evaluation, the entity
shall determine the amount of assistance
provided under 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, the authoriz-

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ing committees, the Corporation, and each
State Commission containing the results of
the evaluation—
(A) with respect to the evaluation covering
the year beginning on September 21, 1993,
not later than 18 months after September 21,
1993; and
(B) with respect to the evaluation covering
each subsequent year, not later than 18
months after the first day of each such year.
(j) Reserved program funds for accountability
Notwithstanding any other provision of law, in
addition to amounts appropriated to carry out
this section, the Corporation may reserve not
more than 1 percent of the total funds appropriated for a fiscal year under section 12681 of
this title and sections 501 and 502 of the Domestic Volunteer Service Act of 1973 [42 U.S.C. 5081,
5082] to support program accountability activities under this section.
(k) Performance levels
The Corporation shall, in consultation with
each recipient of assistance under the national
service laws, establish performance levels for
such recipient to meet during the term of the
assistance. The performance levels may include,
for each national service program carried out by
the recipient, performance levels based on the
following performance measures:
(1) Number of participants enrolled in the
program and completing terms of service, as
compared to the stated participation and retention goals of the program.
(2) Number of volunteers recruited from the
community in which the program was implemented.
(3) If applicable based on the program design, the number of individuals receiving or
benefitting from the service conducted.
(4) Number of disadvantaged and underrepresented youth participants.
(5) Measures of the sustainability of the program and the projects supported by the program, including measures to ascertain the
level of community support for the program or
projects.
(6) Measures to ascertain the change in attitude toward civic engagement among the participants and the beneficiaries of the service.
(7) Other quantitative and qualitative measures as determined to be appropriate by the
recipient of assistance and the Corporation.
(l) Corrective action plans
(1) In general
A recipient of assistance under the national
service laws that fails, as determined by the
Corporation, to meet or exceed the performance levels agreed upon under subsection (k)
for a national service program, shall reach an
agreement with the Corporation on a corrective action plan to meet such performance levels.
(2) Assistance
(A) New program
For a program that has received assistance
under the national service laws for less than
3 years and for which the recipient is failing
to meet or exceed the performance levels

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

agreed upon under subsection (k), the Corporation shall—
(i) provide technical assistance to the recipient to address targeted performance
problems relating to the performance levels for the program; and
(ii) require the recipient to submit quarterly reports on the program’s progress toward meeting the performance levels for
the program to the—
(I) appropriate State, territory, or Indian tribe; and
(II) the Corporation.
(B) Established programs
For a program that has received assistance
under the national service laws for 3 years or
more and for which the recipient is failing to
meet or exceed the performance levels
agreed upon under subsection (k), the Corporation shall require the recipient to submit quarterly reports on the program’s
progress toward the performance levels for
the program to—
(i) the appropriate State, territory, or
Indian tribe; and
(ii) the Corporation.
(m) Failure to meet performance levels
If, after a period for correction as approved by
the Corporation in accordance with subsection
(l), a recipient of assistance under the national
service laws fails to meet or exceed the performance levels for a national service program, the
Corporation shall—
(1) reduce the annual amount of the assistance received by the underperforming recipient by at least 25 percent, for each remaining
year of the grant period for that program; or
(2) terminate assistance to the underperforming recipient for that program, in accordance with section 12636(a) of this title.
(n) Reports
The Corporation shall submit to the authorizing committees not later than 2 years after
April 21, 2009, and annually thereafter, a report
containing information on the number of—
(1) recipients of assistance under the national service laws implementing corrective
action plans under subsection (l)(1);
(2) recipients for which the Corporation provides technical assistance for a program under
subsection (l)(2)(A)(i);
(3) recipients for which the Corporation terminates assistance for a program under subsection (m);
(4) entities whose application for assistance
under a national service law was rejected; and
(5) recipients meeting or exceeding their performance levels under subsection (k).
(Pub. L. 101–610, title I, § 179, Nov. 16, 1990, 104
Stat. 3164; Pub. L. 102–384, §§ 4, 9, Oct. 5, 1992, 106
Stat. 1455, 1456; Pub. L. 103–82, title I, § 118, title
II, § 203(a)(1)(A), title IV, § 402(b)(1), Sept. 21, 1993,
107 Stat. 865, 891, 918; Pub. L. 103–160, div. A, title
XI, § 1182(d)(4), Nov. 30, 1993, 107 Stat. 1773; Pub.
L. 104–106, div. A, title XV, § 1501(e)(5), Feb. 10,
1996, 110 Stat. 501; Pub. L. 111–13, title I, § 1607,
Apr. 21, 2009, 123 Stat. 1532.)
REFERENCES IN TEXT
Section 12575 of this title, referred to in subsec. (g)(1),
was in the original a reference to section 145 of Pub. L.

§ 12639

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, § 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), is Pub. L. 93–113, Oct. 1, 1973, 87
Stat. 394, which is classified principally to chapter 66
(§ 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 Peace Corps Act, referred to in subsec. (g)(3), is
Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, which is classified principally to chapter 34 (§ 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.
AMENDMENTS
2009—Subsec. (a). Pub. L. 111–13, § 1607(1), amended
subsec. (a) generally. Prior to amendment, subsec. (a)
directed the Corporation to provide, through grants or
contracts, for continuing evaluation of programs receiving assistance under the national service laws to
determine the effectiveness and costs of various program models and, with respect to programs authorized
under division C, to determine the impact of those programs on the recruitment ability of VISTA and National Senior Volunteer Corps programs, each regular
component of the Armed Forces, each of the reserve
components of the Armed Forces, and the Peace Corps.
Subsec. (g)(3). Pub. L. 111–13, § 1607(2)(A), substituted
‘‘National Senior Service Corps’’ for ‘‘National Senior
Volunteer Corps’’.
Subsec. (g)(9). Pub. L. 111–13, § 1607(2)(B), substituted
‘‘to engage in service that benefits the community.’’
for ‘‘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.).’’
Subsec. (i)(2). Pub. L. 111–13, § 1607(3), substituted ‘‘the
authorizing committees’’ for ‘‘Congress’’ in introductory provisions.
Subsecs. (j) to (n). Pub. L. 111–13, § 1607(4), added subsecs. (j) to (n).
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, § 402(b)(1), substituted ‘‘Corporation’’ for ‘‘Commission’’ in introductory provisions.
Pub. L. 103–82, § 203(a)(1)(A), substituted ‘‘the national
service laws’’ for ‘‘this subchapter’’ in introductory
provisions.
Subsec. (a)(2). Pub. L. 103–82, § 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, § 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, § 402(b)(1), substituted
‘‘Corporation’’ for ‘‘Commission’’.
Subsec. (d). Pub. L. 103–82, § 402(b)(1), substituted
‘‘Corporation’’ for ‘‘Commission’’.
Pub. L. 103–82, § 203(a)(1)(A), substituted ‘‘the national
service laws’’ for ‘‘this subchapter’’.
Subsec. (e). Pub. L. 103–82, § 402(b)(1), substituted
‘‘Corporation’’ for ‘‘Commission’’.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

Pub. L. 103–82, § 203(a)(1)(A), substituted ‘‘the national
service laws’’ for ‘‘this subchapter’’.
Subsec. (f). Pub. L. 103–82, § 402(b)(1), substituted
‘‘Corporation’’ for ‘‘Commission’’.
Subsec. (g). Pub. L. 103–82, § 402(b)(1), substituted
‘‘Corporation’’ for ‘‘Commission’’ in introductory provisions.
Pub. L. 103–82, § 118(2)(A), substituted ‘‘division C’’ for
‘‘part D’’ in introductory provisions.
Subsec. (g)(3), (9). Pub. L. 103–82, § 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, § 402(b)(1),
substituted ‘‘Corporation’’ for ‘‘Commission’’.
Subsecs. (i), (j). Pub. L. 103–82, § 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, § 9(1), substituted
‘‘subsection (j)’’ for ‘‘subsection (h)’’.
Subsec. (d). Pub. L. 102–384, § 4, substituted ‘‘Commission’’ for ‘‘Secretary’’.
Subsec. (f). Pub. L. 102–384, § 9(2), inserted ‘‘or postservice benefit’’ after ‘‘voucher’’.
Subsec. (h)(1). Pub. L. 102–384, § 9(3)(A), substituted
‘‘this section’’ for ‘‘subsection (g) of this section’’.
Subsec. (h)(2). Pub. L. 102–384, § 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 2009 AMENDMENT
Amendment by Pub. L. 111–13 effective Oct. 1, 2009,
see section 6101(a) of Pub. L. 111–13, set out as a note
under section 4950 of this title.
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.

§ 12639a. Civic Health Assessment and volunteering research and evaluation
(a) Definition of partnership
In this section, the term ‘‘partnership’’ means
the Corporation, acting in conjunction with
(consistent with the terms of an agreement entered into between the Corporation and the National Conference) the National Conference on
Citizenship referred to in section 150701 of title
36 to carry out this section.
(b) In general
The partnership shall facilitate the establishment of a Civic Health Assessment by—
(1) after identifying public and private
sources of civic health data, selecting a set of
civic health indicators, in accordance with
subsection (c), that shall comprise the Civic
Health Assessment;
(2) obtaining civic health data relating to
the Civic Health Assessment, in accordance
with subsection (d); and
(3) conducting related analyses, and reporting the data and analyses, as described in

Page 7674

paragraphs (4) and (5) of subsection (d) and
subsections (e) and (f).
(c) Selection of indicators for Civic Health Assessment
(1) Identifying sources
The partnership shall select a set of civic
health indicators that shall comprise the Civic
Health Assessment. In making such selection,
the partnership—
(A) shall identify public and private
sources of civic health data;
(B) shall explore collaborating with other
similar efforts to develop national indicators
in the civic health domain; and
(C) may sponsor a panel of experts, such as
one convened by the National Academy of
Sciences, to recommend civic health indicators and data sources for the Civic Health
Assessment.
(2) Technical advice
At the request of the partnership, the Director of the Bureau of the Census and the Commissioner of Labor Statistics shall provide
technical advice to the partnership on the selection of the indicators for the Civic Health
Assessment.
(3) Updates
The partnership shall periodically evaluate
and update the Civic Health Assessment, and
may expand or modify the indicators described
in subsection (d)(1) as necessary to carry out
the purposes of this section.
(d) Data on the indicators
(1) Sponsored data collection
In identifying the civic health indicators for
the Civic Health Assessment, and obtaining
data for the Assessment, the partnership may
sponsor the collection of data for the Assessment or for the various civic health indicators
being considered for inclusion in the Assessment, including indicators related to—
(A) volunteering and community service;
(B) voting and other forms of political and
civic engagement;
(C) charitable giving;
(D) connecting to civic groups and faithbased organizations;
(E) interest in employment, and careers, in
public service in the nonprofit sector or government;
(F) understanding and obtaining knowledge of United States history and government; and
(G) social enterprise and innovation.
(2) Data from statistical agencies
The Director of the Bureau of the Census
and the Commissioner of Labor Statistics
shall collect annually, to the extent practicable, data to inform the Civic Health Assessment, and shall report data from such collection to the partnership. In determining the
data to be collected, the Director and the
Commissioner shall examine privacy issues,
response rates, and other relevant issues.
(3) Sources of data
To obtain data for the Civic Health Assessment, the partnership shall consider—