NCSA Authority for Questionnaire

§ 12408

TITLE 42—THE PUBLIC HEALTH AND WELFARE

priate based on his assessment of the technical
and other qualifications of such representatives.
Appointments to the technical panel shall be
made within 90 days after November 15, 1990. The
technical panel shall have a chairman, who shall
be elected by the members from among their
number.
(c) Cooperation
The heads of the departments, agencies, and
instrumentalities of the Executive branch of the
Federal Government shall cooperate with the
technical panel in carrying out the requirements of this section and shall furnish to the
technical panel such information as the technical panel deems necessary to carry out this
section.
(d) Review
The technical panel shall review and make
any necessary recommendations to the Secretary on the following items—
(1) the implementation and conduct of programs under this chapter; and
(2) the economic, technological, and environmental consequences of the deployment of hydrogen production and use systems.
(e) Support
The Secretary shall provide such staff, funds
and other support as may be necessary to enable
the technical panel to carry out the functions
described in this section.
(Pub. L. 101–566, § 108, Nov. 15, 1990, 104 Stat. 2800;
Pub. L. 104–271, title I, § 102(b), Oct. 9, 1996, 110
Stat. 3305.)
AMENDMENTS
1996—Subsec. (d)(3). Pub. L. 104–271 struck out par. (3)
which read as follows: ‘‘comments on and recommendations for improvements in the comprehensive 5-year
program management plan required under section 12402
of this title.’’

AMENDMENTS
1996—Pub. L. 104–271 substituted ‘‘under other Acts’’
for ‘‘to other Acts’’ in introductory provisions and
added pars. (4) to (9).

CHAPTER 129—NATIONAL AND COMMUNITY
SERVICE
Sec.

12501.

§ 12408. Authorization of appropriations
There is hereby authorized to be appropriated
to carry out the purposes of this chapter (in addition to any amounts made available for such
purposes under other Acts)—
(1) $3,000,000 for the fiscal year 1992;
(2) $7,000,000 for the fiscal year 1993;
(3) $10,000,000 for the fiscal year 1994;
(4) $14,500,000 for fiscal year 1996;
(5) $20,000,000 for fiscal year 1997;
(6) $25,000,000 for fiscal year 1998;
(7) $30,000,000 for fiscal year 1999;
(8) $35,000,000 for fiscal year 2000; and
(9) $40,000,000 for fiscal year 2001.
(Pub. L. 101–566, § 109, Nov. 15, 1990, 104 Stat. 2801;
Pub. L. 104–271, title I, § 106, Oct. 9, 1996, 110 Stat.
3306.)

Findings and purpose.

SUBCHAPTER I—NATIONAL AND COMMUNITY
SERVICE STATE GRANT PROGRAM
Division A—General Provisions
12511.
12512.
12513.

Definitions.
Repealed.
Study of program effectiveness.

Division B—School-Based and Community-Based
Service-Learning Programs
PART I—PROGRAMS FOR ELEMENTARY AND SECONDARY
SCHOOL STUDENTS
12521.
12522.
12523.
12524.
12525.
12526.
12527.
12528.
12529.
12530,

Purpose.
Definitions.
Assistance to States, territories, and Indian
tribes.
Allotments.
Applications.
Consideration of applications.
Participation of students and teachers from
private schools.
Federal, State, and local contributions.
Limitations on uses of funds.
12531, 12541 to 12547, 12551. Omitted.

PART II—HIGHER EDUCATION INNOVATIVE PROGRAMS
FOR COMMUNITY SERVICE
12561.
12561a.

Higher education innovative programs for
community service.
Campuses of Service.

PART III—INNOVATIVE AND COMMUNITY-BASED SERVICELEARNING PROGRAMS AND RESEARCH
12563.

TERMINATION OF ADVISORY PANELS
Advisory panels established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a panel established by the President
or an officer of the Federal Government, such panel is
renewed by appropriate action prior to the expiration
of such 2-year period, or in the case of a panel established by Congress, its duration is otherwise provided
for by law. See sections 3(2) and 14 of Pub. L. 92–463,
Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to
Title 5, Government Organization and Employees.

Page 7802

Innovative and community-based
learning programs and research.

service-

PART IV—SERVICE-LEARNING IMPACT STUDY
12565.

Repealed.

Division C—National Service Trust Program
PART I—INVESTMENT IN NATIONAL SERVICE
12571.

Authority to provide assistance and approved
national service positions.
National service programs eligible for program assistance.
Types of national service positions eligible
for approval for national service educational awards.
Types of program assistance.
Repealed.
Other special assistance.

12572.
12573.

12574.
12575.
12576.

PART II—APPLICATION AND APPROVAL PROCESS
12581.
12581a.
12582.
12583.
12584.
12584a.
12585.

Provision of assistance and approved national
service positions.
Educational awards only program.
Application for assistance and approved national service positions.
National service program assistance requirements.
Ineligible service categories.
Prohibited activities and ineligible organizations.
Consideration of applications.

PART III—NATIONAL SERVICE PARTICIPANTS
12591.

Description of participants.

Page 7803

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Sec.

12592.
12593.
12594.
12595.

Sec.

Selection of national service participants.
Terms of service.
Living allowances for national service participants.
National service educational awards.

Division D—National Service Trust and Provision of
Educational Awards
12601.
12601a.
12602.
12602a.
12603.
12604.
12605.
12606.

Establishment of the National Service Trust.
Transfer of funds; notice to Congress.
Individuals eligible to receive an educational
award from the Trust.
Certifications of successful completion of
terms of service.
Determination of the amount of the educational award.
Disbursement of educational awards.
Repealed.
Approval process for approved positions.

Division E—National Civilian Community Corps
12611.
12612.
12613.
12614.
12615.
12616.
12617.
12618.
12619.
12620.
12621.
12622.
12623.
12624.
12625.
12626.

Purpose.
Establishment of National Civilian Community Corps Program.
National service program.
Summer national service program.
National Civilian Community Corps.
Training.
Service projects.
Authorized benefits for Corps members.
Administrative provisions.
Status of Corps members and Corps personnel
under Federal law.
Contract and grant authority.
Responsibilities of Department of Defense.
Advisory Board.
Evaluations.
Repealed.
Definitions.
Division F—Administrative Provisions

12631.
12632.
12633.
12634.
12635.
12636.
12637.
12638.
12639.
12639a.
12640.
12641.
12642.
12643.
12644.
12644a.
12644b.
12645.
12645a.
12645b.
12645c.
12645d.
12645e.
12645f.
12645g.

Family and medical leave.
Reports.
Supplementation.
Prohibition on use of funds.
Nondiscrimination.
Notice, hearing, and grievance procedures.
Nonduplication and nondisplacement.
State Commissions on National and Community Service.
Evaluation.
Civic Health Assessment and volunteering research and evaluation.
Engagement of participants.
Contingent extension.
Partnerships with schools.
Rights of access, examination, and copying.
Drug-free workplace requirements.
Availability of assistance.
Consolidated application and reporting requirements.
Sustainability.
Grant periods.
Generation of volunteers.
Limitation on program grant costs.
Matching funds for severely economically distressed communities.
Audits and reports.
Restrictions on Federal Government and use
of Federal funds.
Criminal history checks.

Division G—Corporation for National and Community
Service
12651.
12651a.
12651b.

§ 12501

Corporation for National and Community
Service.
Board of Directors.
Authorities and duties of the Board of Directors.

12651c.
12651d.

Chief Executive Officer.
Authorities and duties of the Chief Executive
Officer.
12651e.
Officers.
12651f.
Employees, consultants, and other personnel.
12651g.
Administration.
12651h.
Corporation State offices.
12651i.
VISTA Advance Payments Revolving Fund.
12651j.
Assignment to State Commissions.
12651k.
Study of involvement of veterans.
Division H—Investment for Quality and Innovation
PART I—ADDITIONAL CORPORATION ACTIVITIES TO
SUPPORT NATIONAL SERVICE
12653.

Additional Corporation activities to support
national service.
Presidential awards for service.
ServeAmerica Fellowships.
Silver Scholarships and Encore Fellowships.
Repealed.

12653a.
12653b.
12653c.
12653d.

PART II—NATIONAL SERVICE RESERVE CORPS
12653h.

National Service Reserve Corps.

PART III—SOCIAL INNOVATION FUNDS PILOT PROGRAM
12653k.

Funds.

PART IV—NATIONAL SERVICE PROGRAMS
CLEARINGHOUSES; VOLUNTEER GENERATION FUND
12653o.
12653p.

National service programs clearinghouses.
Volunteer generation fund.

PART V—NONPROFIT CAPACITY BUILDING PROGRAM
12653s.
Nonprofit capacity building.
Division I—American Conservation and Youth Service
Corps
12655.
12655a.
12655b.
12655c.
12655d.
12655e.
12655f.
12655g.
12655h.
12655i.
12655j.
12655k.
12655l.
12655m.
12655n.

General authority.
Limitation on purchase of capital equipment.
State application.
Focus of programs.
Related programs.
Public lands or Indian lands.
Training and education services.
Repealed.
Preference for certain projects.
Age and citizenship criteria for enrollment.
Use of volunteers.
Repealed.
Living allowance.
Joint programs.
Federal and State employee status.
Division J—Miscellaneous

12656.
Urban Youth Corps.
Division K—Training and Technical Assistance
12657.
Training and technical assistance.
SUBCHAPTER II—POINTS OF LIGHT FOUNDATION
12661 to 12664. Repealed.
SUBCHAPTER III—PROJECTS HONORING VICTIMS
OF TERRORIST ATTACKS
12671.

12681.
12682.

Projects.
SUBCHAPTER IV—AUTHORIZATION OF
APPROPRIATIONS
Authorization of appropriations.
Actions under national service laws to be subject to availability of appropriations.

§ 12501. Findings and purpose
(a) Findings
The Congress finds the following:
(1) Throughout the United States, there are
pressing unmet human, educational, environmental, and public safety needs.

§ 12501

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(2) Americans desire to affirm common responsibilities and shared values, and join together in positive experiences, that transcend
race, religion, gender, age, disability, region,
income, and education.
(3) The rising costs of postsecondary education are putting higher education out of
reach for an increasing number of citizens.
(4) Americans of all ages can improve their
communities and become better citizens
through service to the United States.
(5) Nonprofit organizations, local governments, States, and the Federal Government
are already supporting a wide variety of national service programs that deliver needed
services in a cost-effective manner.
(6) Residents of low-income communities, especially youth and young adults, can be empowered through their service, and can help
provide future community leadership.
(b) Purpose
It is the purpose of this chapter to—
(1) meet the unmet human, educational, environmental, and public safety needs of the
United States, without displacing existing
workers;
(2) renew the ethic of civic responsibility
and the spirit of community and service
throughout the varied and diverse communities of the United States;
(3) expand educational opportunity by rewarding individuals who participate in national service with an increased ability to pursue higher education or job training;
(4) encourage citizens of the United States,
regardless of age, income, geographic location,
or disability, to engage in full-time or parttime national service;
(5) reinvent government to eliminate duplication, support locally established initiatives,
require measurable goals for performance, and
offer flexibility in meeting those goals;
(6) expand and strengthen existing national
service programs with demonstrated experience in providing structured service opportunities with visible benefits to the participants
and community;
(7) build on the existing organizational service infrastructure of Federal, State, and local
programs, agencies, and communities to expand full-time and part-time service opportunities for all citizens;
(8) provide tangible benefits to the communities in which national service is performed;
(9) expand and strengthen service-learning
programs through year-round opportunities,
including opportunities during the summer
months, to improve the education of children
and youth and to maximize the benefits of national and community service, in order to
renew the ethic of civic responsibility and the
spirit of community for children and youth
throughout the United States;
(10) assist in coordinating and strengthening
Federal and other service opportunities, including opportunities for participation in
emergency and disaster preparedness, relief,
and recovery;
(11) increase service opportunities for the
Nation’s retiring professionals, including such

Page 7804

opportunities for those retiring from the
science, technical, engineering, and mathematics professions, to improve the education
of the Nation’s youth and keep America competitive in the global knowledge economy, and
to further utilize the experience, knowledge,
and skills of older individuals;
(12) encourage the continued service of the
alumni of the national service programs, including service in times of national need;
(13) encourage individuals age 55 or older to
partake of service opportunities;
(14) focus national service on the areas of national need such service has the capacity to
address, such as improving education, increasing energy conservation, improving the health
status of economically disadvantaged individuals, and improving economic opportunity for
economically disadvantaged individuals;
(15) recognize and increase the impact of social entrepreneurs and other nonprofit community organizations in addressing national
and local challenges;
(16) increase public and private investment
in nonprofit community organizations that
are effectively addressing national and local
challenges and encourage such organizations
to replicate and expand successful initiatives;
(17) leverage Federal investments to increase
State, local, business, and philanthropic resources to address national and local challenges;
(18) support institutions of higher education
that engage students in community service activities and provide high-quality service-learning opportunities; and
(19) recognize the expertise veterans can
offer to national service programs, expand the
participation of the veterans in the national
service programs, and assist the families of
veterans and members of the Armed Forces on
active duty.
(Pub. L. 101–610, § 2, Nov. 16, 1990, 104 Stat. 3129;
Pub. L. 103–82, § 2(a), Sept. 21, 1993, 107 Stat. 787;
Pub. L. 111–13, title I, § 1101, Apr. 21, 2009, 123
Stat. 1463.)
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, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out below and Tables.
AMENDMENTS
2009—Subsec. (b)(2). Pub. L. 111–13, § 1101(1), substituted ‘‘community and service throughout the varied and diverse communities of’’ for ‘‘community
throughout’’.
Subsec. (b)(4). Pub. L. 111–13, § 1101(2), inserted ‘‘geographic location,’’ after ‘‘income,’’.
Subsec. (b)(6). Pub. L. 111–13, § 1101(3), inserted ‘‘national’’ after ‘‘existing’’.
Subsec. (b)(7). Pub. L. 111–13, § 1101(4)(A), substituted
‘‘programs, agencies, and communities’’ for ‘‘programs
and agencies’’.
Subsec. (b)(9) to (19). Pub. L. 111–13, § 1101(4)(B)–(6),
added pars. (9) to (19).
1993—Pub. L. 103–82 amended section generally, substituting provisions relating to findings and purposes
for former provisions setting forth the purposes of this
chapter.

Page 7805

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.
SHORT TITLE OF 2009 AMENDMENT
Pub. L. 111–13, § 1(a), Apr. 21, 2009, 123 Stat. 1460, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Serve America Act’.’’
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107–117, div. B, § 1301(a), Jan. 10, 2002, 115 Stat.
2339, provided that: ‘‘This section [enacting subchapter
III of this chapter] may be cited as the ‘Unity in the
Spirit of America Act’ or the ‘USA Act’.’’
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103–304, § 1, Aug. 23, 1994, 108 Stat. 1565, provided that: ‘‘This Act [amending sections 4953, 5024,
12591, 12602, 12615, 12619, 12622, 12651d, 12653, and 12655n of
this title and enacting provisions set out as a note
under section 4953 of this title] may be cited as the
‘King Holiday and Service Act of 1994’.’’
SHORT TITLE OF 1993 AMENDMENT
Pub. L. 103–82, § 1(a), Sept. 21, 1993, 107 Stat. 785, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘National and Community Service
Trust Act of 1993’.’’
SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102–384, § 1, Oct. 5, 1992, 106 Stat. 1455, provided
that: ‘‘This Act [amending sections 12511, 12522, 12523,
12525, 12526, 12541, 12550, 12612, 12614, 12615, 12622, 12639,
12651, and 12681 of this title] may be cited as the ‘National and Community Service Technical Amendment
Act of 1992’.’’
SHORT TITLE OF 1991 AMENDMENT
Pub. L. 102–10, § 1, Mar. 12, 1991, 105 Stat. 29, provided
that: ‘‘This Act [enacting section 12645 of this title,
amending sections 5091m, 12511, 12521, 12522, 12524, 12527,
12531, 12542 to 12544, 12548, 12553, 12575, 12576, 12602, 12638,
and 12651 of this title, and repealing section 12556 of
this title] may be cited as the ‘National and Community Service Technical Amendments Act of 1991’.’’
SHORT TITLE
Pub. L. 101–610, § 1(a), Nov. 16, 1990, 104 Stat. 3127, provided that: ‘‘This Act [enacting this chapter, sections
5091 to 5091n of this title, and section 2452a of Title 22,
Foreign Relations and Intercourse, amending sections
1018c, 1018e, 1070a–6, 1087vv, 1092, and 1092b of Title 20,
Education, and former section 546 of Title 45, Railroads,
and enacting provisions set out as notes under this section and section 24301 of Title 49, Transportation] may
be cited as the ‘National and Community Service Act of
1990’.’’
Pub. L. 101–610, title I, subtitle B (§§ 110–118), § 110,
Nov. 16, 1990, 104 Stat. 3132, which provided that such
subtitle (enacting former part B (§§ 12521–12531) of subchapter I of this chapter) be cited as the ‘‘Serve-America: The Community Service, Schools and ServiceLearning Act of 1990’’, was repealed by Pub. L. 103–82,
title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 825.
Pub. L. 108–45, § 1, July 3, 2003, 117 Stat. 844, which
provided that Pub. L. 108–45, enacting section 12605 of
this title, could be cited as the ‘‘Strengthen
AmeriCorps Program Act’’, was repealed by Pub. L.
111–13, title I, § 1406(b), Apr. 21, 2009, 123 Stat. 1521.
Pub. L. 101–610, title I, § 199, formerly § 120, Nov. 16,
1990, 104 Stat. 3140, as renumbered by Pub. L. 103–82,
title I, § 101(a), Sept. 21, 1993, 107 Stat. 788, provided
that: ‘‘This subtitle [subtitle I (§§ 199–199O) (formerly
subtitle C (§§ 120–136)) of title I of Pub. L. 101–610, enacting division I (formerly part C) of subchapter I of this
chapter] may be cited as the ‘American Conservation
and Youth Service Corps Act of 1990’.’’

§ 12501

Pub. L. 101–610, title I, subtitle D (§§ 140–150), § 140,
Nov. 16, 1990, 104 Stat. 3150, which provided that such
subtitle (enacting former part D (§§ 12571–12580) of subchapter I of this chapter) be cited as the ‘‘National and
Community Service Act’’, was omitted in the general
amendment of part D (now division D) by Pub. L.
103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 816.
Pub. L. 101–610, title III, § 301, Nov. 16, 1990, 104 Stat.
3180, which provided that title III of Pub. L. 101–610, enacting subchapter II of this chapter, could be cited as
‘‘The Points of Light Foundation Act’’, was repealed by
Pub. L. 111–13, title I, § 1831(a), Apr. 21, 2009, 123 Stat.
1578.
PROVISIONS RELATED TO THE CORPORATION FOR
NATIONAL AND COMMUNITY SERVICE
Pub. L. 116–136, div. A, title III, § 3514, Mar. 27, 2020,
134 Stat. 405, as amended by Pub. L. 116–159, div. A,
§ 156(d)(1), Oct. 1, 2020, 134 Stat. 721, provided that:
‘‘(a) ACCRUAL OF SERVICE HOURS.—
‘‘(1) ACCRUAL THROUGH OTHER SERVICE HOURS.—
‘‘(A) IN GENERAL.—Notwithstanding any other
provision of the Domestic Volunteer Service Act of
1973 (42 U.S.C. 4950 et seq.) or the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.),
the Corporation for National and Community Service shall allow an individual described in subparagraph (B) to accrue other service hours that will
count toward the number of hours needed for the
individual’s education award.
‘‘(B) AFFECTED INDIVIDUALS.—Subparagraph (A)
shall apply to any individual serving in a position
eligible for an educational award under subtitle D
of title I of the National and Community Service
Act of 1990 (42 U.S.C. 12601 et seq.)—
‘‘(i) who is performing limited service due to
COVID–19; or
‘‘(ii) whose position has been suspended or
placed on hold due to COVID–19.
‘‘(2) PROVISIONS IN CASE OF EARLY EXIT.—In any case
where an individual serving in a position eligible for
an educational award under subtitle D of title I of the
National and Community Service Act of 1990 (42
U.S.C. 12601 et seq.) was required to exit the position
early at the direction of the Corporation for National
and Community Service, the Chief Executive Officer
of the Corporation for National and Community Service may—
‘‘(A) deem such individual as having met the requirements of the position; and
‘‘(B) award the individual the full value of the
educational award under such subtitle for which
the individual would otherwise have been eligible.
‘‘[(b) Repealed. Pub. L. 116–159, div. A, § 156(d)(1), Oct.
1, 2020, 134 Stat. 721.]
‘‘(c) NO REQUIRED RETURN OF GRANT FUNDS.—Notwithstanding section 129(l)(3)(A)(i) of the National and
Community
Service
Act
of
1990
(42
U.S.C.
12581(l)(3)(A)(i)), the Chief Executive Officer of the Corporation for National and Community Service may permit fixed-amount grant recipients under such section
129(l) to maintain a pro rata amount of grant funds, at
the discretion of the Corporation for National and Community Service, for participants who exited, were suspended, or are serving in a limited capacity due to
COVID–19, to enable the grant recipients to maintain
operations and to accept participants.
‘‘(d) EXTENSION OF TERMS AND AGE LIMITS.—Notwithstanding any other provision of law, the Corporation
for National and Community Service may extend the
term of service (for a period not to exceed the 1-year
period immediately following the end of the national
emergency) or waive any upper age limit (except in no
case shall the maximum age exceed 26 years of age) for
national service programs carried out by the National
Civilian Community Corps under subtitle E of title I of
the National and Community Service Act of 1990 (42
U.S.C. 12611 et seq.), and the participants in such programs, for the purposes of—
‘‘(1) addressing disruptions due to COVID–19; and

§ 12501

TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘(2) minimizing the difficulty in returning to full
operation due to COVID–19 on such programs and participants.’’
[Pub. L. 116–159, div. A, § 156(d)(1), Oct. 1, 2020, 134
Stat. 721, provided that: ‘‘Section 3514(b) of title III of
division A of Public Law 116–136 [formerly set out
above] is hereby repealed, and such section shall be applied hereafter as if such subsection had never been enacted.’’]
[Pub. L. 116–159, div. A, § 156(e), Oct. 1, 2020, 134 Stat.
721, provided that:
[‘‘(1) This section [amending section 3514 of Pub. L.
116–136, set out above] shall become effective immediately upon enactment of this Act [div. A of Pub. L.
116–159, approved Oct. 1, 2020].
[‘‘(2) If this Act is enacted after September 30, 2020,
this section shall be applied as if it were in effect on
September 30, 2020.’’]
COMPLIANCE WITH BUY AMERICAN ACT
Pub. L. 103–82, title V, § 501, Sept. 21, 1993, 107 Stat.
922, provided that: ‘‘No funds appropriated pursuant to
this Act [see Tables for classification] (including the
amendments made by this Act) may be expended by an
entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2
through 4 of the Act of March 3, 1933 ([former] 41 U.S.C.
10a–10c, popularly known as the ‘Buy American Act’
[see 41 U.S.C. 8301 et seq.]).’’
SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE
Pub. L. 103–82, title V, § 502, Sept. 21, 1993, 107 Stat.
923, provided that:
‘‘(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.—In the case of any equipment or product
that may be authorized to be purchased with financial
assistance provided under this Act [see Tables for classification] (including the amendments made by this
Act), it is the sense of the Congress that entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and
products.
‘‘(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing financial assistance under this Act (including
the amendments made by this Act), the Secretary of
Education shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress.’’
PROHIBITION OF CONTRACTS WITH PERSONS FALSELY
LABELING PRODUCTS AS MADE IN AMERICA
Pub. L. 103–82, title V, § 503, Sept. 21, 1993, 107 Stat.
923, provided that: ‘‘If it has been finally determined by
a court or Federal agency that any person intentionally affixed a label bearing a ‘Made in America’ inscription, or any inscription with the same meaning, to
any product sold in or shipped to the United States
that is not made in the United States, the person shall
be ineligible to receive any contract or subcontract
made with funds appropriated to carry out this Act,
pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.’’
EX. ORD. NO. 13254. ESTABLISHING THE USA FREEDOM
CORPS
Ex. Ord. No. 13254, Jan. 29, 2002, 67 F.R. 4869, as
amended by Ex. Ord. No. 13286, § 6, Feb. 28, 2003, 68 F.R.
10620, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
SECTION 1. Policy. Building on our Nation’s rich tradition of citizen service, this Administration’s policy is
to foster a culture of responsibility, service, and citizenship by promoting, expanding, and enhancing public
service opportunities for all Americans and by making
these opportunities readily available to citizens from
all geographic areas, professions, and walks of life.

Page 7806

More specifically, this Administration encourages all
Americans to serve their country for the equivalent of
at least 2 years (4,000 hours) over their lifetimes. Toward those ends, the executive departments, agencies,
and offices constituting the USA Freedom Corps shall
coordinate and strengthen Federal and other service
opportunities, including opportunities for participation
in homeland security preparedness and response, other
areas of public and social service, and international
service. The executive branch departments, agencies,
and offices also will work with State and local governments and private entities to foster and encourage participation in public and social service programs, as appropriate.
SEC. 2. USA Freedom Corps. The USA Freedom Corps
shall be an interagency initiative, bringing together
executive branch departments, agencies, and offices
with public service programs and components, including but not limited to programs and components with
the following functions:
(i) recruiting, mobilizing, and encouraging all Americans to engage in public service;
(ii) providing concrete opportunities to engage in
public service;
(iii) providing the public with access to information
about public service opportunities through Federal programs and elsewhere; and
(iv) providing recognition and awards to volunteers
and other participants in public service programs.
SEC. 3. USA Freedom Corps Council. (a) Establishment
and Mission. There shall be a USA Freedom Corps Council (Council) chaired by the President and composed of
heads of executive branch departments, agencies, and
offices, which shall have the following functions:
(i) serving as a forum for Federal officials responsible for public service programs to coordinate and
improve public service programs and activities administered by the executive branch;
(ii) working to encourage all Americans to engage
in public service, whether through Federal programs
or otherwise;
(iii) advising the President and heads of executive
branch departments, agencies, and offices concerning
the optimization of current Federal programs to enhance public service opportunities;
(iv) coordinating public outreach and publicity of
citizen service opportunities provided by Federal programs;
(v) encouraging schools, universities, private public
service organizations, and other non-Federal entities
to foster and reward public service;
(vi) studying the availability of public service opportunities provided by the Federal Government and
elsewhere; and
(vii) tracking progress in participation in public
service programs.
(b) Membership. In addition to the Chair, the members
of the Council shall be the heads of the executive
branch departments, agencies, and offices listed below,
or their designees, and such other officers of the executive branch as the President may from time to time
designate. Every member of the Council or designee
shall be a full-time or permanent part-time officer or
employee of the Federal Government. Members shall
not be compensated for their service on the Council in
addition to the salaries they receive as employees or
officers of the Federal Government.
(i) Vice President;
(ii) Attorney General;
(iii) Secretary of State;
(iv) Secretary of Health and Human Services;
(v) Secretary of Commerce;
(vi) Secretary of Education;
(vii) Secretary of Veterans Affairs;
(viii) Secretary of Homeland Security;
(ix) Chief Executive Officer of the Corporation for
National and Community Service;
(x) Director of the Peace Corps;
(xi) Administrator of the United States Agency for
International Development;

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(xii) Director of the USA Freedom Corps Office; and
(xiii) Director of the Office of Faith-Based and
Community Initiatives.
(c) Chair. The President shall be the Chair of the USA
Freedom Corps Council, and in his absence, the Vice
President shall serve as Chair. The Director of the USA
Freedom Corps Office may, at the President’s direction,
preside over meetings of the Council in the President’s
and Vice President’s absence.
(d) Honorary Co-Chair. The President may, from time
to time, designate an Honorary Co-Chair or Co-Chairs,
who shall serve in an advisory role to the Council and
to the President on matters considered by the Council.
Any Honorary Co-Chair shall be a full-time or permanent part-time employee or officer of the Federal Government.
(e) Meetings. The Council shall meet at the President’s direction. The Director of the USA Freedom
Corps Office shall be responsible, at the President’s direction, for determining the agenda, ensuring that necessary papers are prepared, and recording Council actions and Presidential decisions.
(f) Responsibilities of Executive Branch Departments,
Agencies, and Offices.
(i) Members of the Council shall remain responsible
for overseeing the programs administered by their respective departments, agencies, and offices. Each
such department, agency, and office will retain its
authority and responsibility to administer those programs according to law;
(ii) Each executive branch department, agency, or
office with responsibility for programs relating to the
functions and missions of the USA Freedom Corps as
described in section 2 of this order shall be responsible for identifying those public service opportunities and coordinating with the USA Freedom Corps
Council to ensure that such programs are, if appropriate, publicized and encouraged by the Council; and
(iii) Upon the request of the Chair, and to the extent permitted by law, the heads of executive branch
departments and agencies shall provide the Council
with relevant information.
SEC. 4. USA Freedom Corps Office. (a) General. The USA
Freedom Corps also shall be supported by a USA Freedom Corps Office (Office), which shall be a component
of the White House Office. The USA Freedom Corps Office shall have a Director who shall be appointed by the
President. The Director shall be assisted by an appropriate staff within the White House Office.
(b) Presidential Recognition to Participants in USA Freedom Corps Programs. In addition to supporting and facilitating the functions of the Council listed in section
3 of this order, the Office shall support the President in
providing recognition to volunteers and other participants in programs and activities relating to the functions and missions of the USA Freedom Corps as described in section 2 of this order.
SEC. 5. General Provisions. (a) The White House Office
shall provide the Council and Office with such funding
and administrative support, to the extent permitted by
law and subject to the availability of appropriations, as
directed by the Chief of Staff to the President to carry
out the provisions of this order.
(b) This order does not alter the existing authorities
or roles of executive branch departments, agencies, or
offices. Nothing in this order shall supersede any requirement made by or under law.
(c) This order does not create any right or benefit,
substantive or procedural, enforceable at law or equity,
against the United States, its departments, agencies, or
other entities, its officers or employees, or any other
person.
GEORGE W. BUSH.
EX. ORD. NO. 13331. NATIONAL AND COMMUNITY SERVICE
PROGRAMS
Ex. Ord. No. 13331, Feb. 27, 2004, 69 F.R. 9911, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of

§ 12501

America, and to strengthen the ability of programs authorized under the national service laws to build and
reinforce a culture of service, citizenship, and responsibility throughout our Nation, and to institute reforms
to improve accountability and efficiency in the administration of those programs, it is hereby ordered as follows:
SECTION 1. Definitions. For purposes of this order:
(a) ‘‘National service laws’’ means the National and
Community Service Act of 1990 (42 U.S.C. 12501 et seq.)
and the Domestic Volunteer Service Act of 1973 (42
U.S.C. 4950 et seq.);
(b) ‘‘National and community service programs’’
means those programs authorized under the national
service laws;
(c) ‘‘Policies governing programs authorized under
the national service laws’’ refers to all policies, programs, guidelines, and regulations, including official
guidance and internal agency procedures and practices,
that are issued by the Corporation for National and
Community Service (Corporation) and have significant
effects on national and community service programs;
and
(d) ‘‘Professional corps programs’’ means those programs described in section 122(a)(8) of the National and
Community Service Act of 1990 (42 U.S.C. 12572(a)(8))
[see 42 U.S.C. 12572(c)(1)(D)].
SEC. 2. Fundamental Principles and Policymaking Criteria. In formulating and implementing policies governing programs authorized under the national service
laws, the Corporation shall, to the extent permitted by
law, adhere to the following fundamental principles:
(a) National and community service programs should
support and encourage greater engagement of Americans in volunteering;
(b) National and community service programs should
be more responsive to State and local needs;
(c) National and community service programs should
make Federal support more accountable and more effective; and
(d) National and community service programs should
expand opportunities for involvement of faith-based
and other community organizations.
SEC. 3. Agency Implementation. (a) The Chief Executive
Officer of the Corporation for National and Community
Service (Chief Executive Officer) shall, in coordination
with the USA Freedom Corps Council, review and
evaluate existing policies governing national and community service programs in order to assess the consistency of such policies with the fundamental principles
and policymaking criteria described in section 2 of this
order.
(b) The Chief Executive Officer shall ensure that all
policies governing national and community service programs issued by the Corporation are consistent with
the fundamental principles and policymaking criteria
described in section 2 of this order. To that end, the
Chief Executive Officer shall, to the extent permitted
by law,
(i) amend all such existing policies to ensure that
they are consistent with the fundamental principles
and policymaking criteria articulated in section 2 of
this order; and
(ii) where appropriate, implement new policies that
are consistent with and necessary to further the fundamental principles and policymaking criteria set
forth in section 2 of this order.
(c) In developing implementation steps, the Chief Executive Officer should address, at a minimum, the following objectives:
(i) National and community service programs
should leverage Federal resources to maximize support from the private sector and from State and local
governments, with an emphasis on reforms that enhance programmatic flexibility, reduce administrative burdens, and calibrate Federal assistance to the
respective needs of recipient organizations;
(ii) National and community service programs
should leverage Federal resources to enable the recruitment and effective management of a larger number of volunteers than is currently possible;

§ 12501

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(iii) National and community service programs
should increase efforts to expand opportunities for,
and strengthen the capacity of, faith-based and other
community organizations in building and strengthening an infrastructure to support volunteers that
meet community needs;
(iv) National and community service programs
should adopt performance measures to identify those
practices that merit replication and further investment, as well as to ensure accountability;
(v) National and community service programs
should, consistent with the principles of Federalism
and the constitutional role of the States and Indian
tribes, promote innovation, flexibility, and results at
all levels of government;
(vi) National and community service programs
based in schools should employ tutors who meet required paraprofessional qualifications, and use such
practices and methodologies as are required for supplemental educational services;
(vii) National and community service programs
should foster a lifetime of citizenship and civic engagement among those who serve;
(viii) National and community service programs
should avoid or eliminate practices that displace volunteers who are not supported under the national
service laws; and
(ix) Guidelines for the selection of national and
community service programs should recognize the
importance of professional corps programs in light of
the fundamental principles and policymaking criteria
set forth in this order.
SEC. 4. Management Reforms. (a) The Corporation
should implement internal management reforms to
strengthen its oversight of national and community
service programs through enforcement of performance
and compliance standards and other management tools.
(b) Management reforms should include, but should
not be limited to, the following:
(i) Institutionalized changes to the budgetary and
grant-making processes to ensure that financial commitments remain within available resources;
(ii) Enhanced accounting and management systems
that would ensure compliance with fiscal restrictions
and provide timely, accurate, and readily available
information about enrollment in AmeriCorps and
about funding and obligations incurred for all national and community service programs;
(iii) Assurance by the Chief Executive Officer and
the Chief Financial Officer in the Corporation’s Management Representation Letter that its financial
statements, including the Statement of Budgetary
Resources, are accurate and reliable; and
(iv) Management reforms that tie employee performance to fiscal responsibility, attainment of management goals, and professional conduct.
SEC. 5. Report. Within 180 days after the date of this
order, the Chief Executive Officer shall report to the
President, through the Assistant to the President and
Director of the USA Freedom Corps Office, the actions
the Corporation proposes to undertake to accomplish
the objectives set forth in this order.
SEC. 6. Judicial Review. This order is not intended to,
and does not, create any right or benefit, substantive
or procedural, enforceable at law or in equity by a
party against the United States, its departments, agencies, or other entities, its officers or employees, or any
other person.
GEORGE W. BUSH.
EXPANDING NATIONAL SERVICE THROUGH PARTNERSHIPS
TO ADVANCE GOVERNMENT PRIORITIES
Memorandum of President of the United States, July
15, 2013, 78 F.R. 43747, provided:
Memorandum for the Heads of Executive Departments and Agencies
Service has always been integral to the American
identity. Our country was built on the belief that all of
us, working together, can make this country a better

Page 7808

place for all. That spirit remains as strong and integral
to our identity today as at our country’s founding.
Since its creation 20 years ago, the Corporation for
National and Community Service (CNCS) has been the
Federal agency charged with leading and expanding national service. The Edward M. Kennedy Serve America
Act of 2009 (SAA) expanded CNCS’s authority to create
opportunities for more Americans to serve. This landmark, bipartisan legislation focuses national service on
six areas: emergency and disaster services; economic
opportunity; education; environmental stewardship;
healthy futures; and veterans and military families.
The SAA provides greater opportunities for CNCS to
partner with other executive departments and agencies
(agencies) and with the private sector to utilize national service to address these critical areas.
National service and volunteering can be effective solutions to national challenges and can have positive
and lasting impacts that reach beyond the immediate
service experience. Americans engaged in national
service make an intensive commitment to tackle
unmet national and local needs by working through
non-profit, faith-based, and community organizations.
Service can help Americans gain valuable skills, pursue
higher education, and jumpstart their careers, which
can provide immediate and long-term benefits to those
individuals, as well as the communities in which they
serve.
Americans are ready and willing to serve. Applications from Americans seeking to engage in national
service programs far exceed the number of available positions. By creating new partnerships between agencies
and CNCS that expand national service opportunities in
areas aligned with agency missions, we can utilize the
American spirit of service to improve lives and communities, expand economic and educational opportunities,
enhance agencies’ capacity to achieve their missions,
efficiently use tax dollars, help individuals develop
skills that will enable them to prepare for long-term
careers, and build a pipeline to employment inside and
outside the Federal Government.
Therefore, by the authority vested in me as President
by the Constitution and the laws of the United States
of America, and in order to expand the positive impact
of national service, I hereby direct the following:
SECTION 1. Establishing a Task Force on Expanding National Service. There is established a Task Force on Expanding National Service, to be co-chaired by the Chief
Executive Officer of CNCS and the Director of the Domestic Policy Council, which shall include representatives from agencies and offices that administer programs and develop policies in areas that include the six
focus areas set forth in the SAA. The Task Force shall
include representatives from:
(a) the Department of Defense;
(b) the Department of Justice;
(c) the Department of the Interior;
(d) the Department of Agriculture;
(e) the Department of Commerce;
(f) the Department of Labor;
(g) the Department of Health and Human Services;
(h) the Department of Housing and Urban Development;
(i) the Department of Transportation;
(j) the Department of Energy;
(k) the Department of Education;
(l) the Department of Veterans Affairs;
(m) the Department of Homeland Security;
(n) the Peace Corps;
(o) the National Science Foundation;
(p) the Office of Personnel Management;
(q) the Environmental Protection Agency;
(r) the White House Office of Cabinet Affairs; and
(s) such other agencies and offices as the co-chairs
may designate.
SEC. 2. Mission and Function of the Task Force. (a) The
Task Force shall:
(i) identify existing, and, if appropriate, recommend
new, policies or practices that support the expansion of
national service and volunteer opportunities that align
with the SAA and agency priorities;

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(ii) make recommendations on the most effective way
to coordinate national service and volunteering programs across the Federal Government;
(iii) identify and develop opportunities for interagency agreements between CNCS and other agencies
to support the expansion of national service and volunteering;
(iv) identify and develop public-private partnerships
to support the expansion of national service and volunteering;
(v) identify and develop strategies to use innovation
and technology to facilitate the ability of the public to
participate in national service and volunteering activities; and
(vi) develop a mechanism to evaluate the effectiveness and cost-effectiveness of national service and volunteering interventions in achieving agency priorities,
and aggregate and disseminate the results of that evaluation.
(b) Within 18 months of the date of this memorandum, the Task Force shall provide the President
with a report on the progress made with respect to the
functions set forth in subsection (a) of this section.
SEC. 3. Facilitating National Service and Volunteering
Partnerships. (a) Each agency on the Task Force shall:
(i) within 180 days of the date of this memorandum,
consult with CNCS about how existing authorities and
CNCS programs can be used to enter into interagency
and public-private partnerships that allow for meaningful national service and volunteering opportunities, including participating in AmeriCorps, and help the
agency achieve its mission;
(ii) work with CNCS to evaluate the effectiveness and
cost-effectiveness of such partnerships; and
(iii) work with CNCS to identify ways in which the
agency’s national service participants and volunteers
can develop transferable skills, and also how national
service can serve as a pipeline to employment inside
and outside the Federal Government.
(b) Where practicable, agencies may consider entering into interagency agreements with CNCS to share
program development and funding responsibilities, as
authorized under 42 U.S.C. 12571(b)(1).
SEC. 4. Recruitment of National Service Participants in
the Civilian Career Services. In order to provide national
service participants a means to pursue additional opportunities to continue their public service through career civilian service, the Office of Personnel Management shall, within 120 days of the date of this memorandum, issue guidance to agencies on developing and
improving Federal recruitment strategies for participants in national service.
SEC. 5. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law or Executive Order
to an agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(d) The Chief Executive Officer of CNCS is hereby authorized and directed to publish this memorandum in
the Federal Register.
BARACK OBAMA.

SUBCHAPTER I—NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
Division A—General Provisions
§ 12511. Definitions
For purposes of this subchapter:

§ 12511

(1) Adult volunteer
The term ‘‘adult volunteer’’ means an individual, such as an older adult, an individual
with a disability, a parent, or an employee of
a business or public or private nonprofit organization, who—
(A) works without financial remuneration
in an educational institution to assist students or out-of-school youth; and
(B) is beyond the age of compulsory school
attendance in the State in which the educational institution is located.
(2) Alaska Native-serving institution
The term ‘‘Alaska Native-serving institution’’ has the meaning given the term in section 1059d(b) of title 20.
(3) Approved national service position
The term ‘‘approved national service position’’ means a national service position for
which the Corporation has approved the provision of a national service educational award
described in section 12603 of this title as one of
the benefits to be provided for successful service in the position.
(4) Approved silver scholar position
The term ‘‘approved silver scholar position’’
means a position, in a program described in
section 12653c(a) of this title, for which the
Corporation has approved the provision of a
silver scholarship educational award as one of
the benefits to be provided for successful service in the position.
(5) Approved summer of service position
The term ‘‘approved summer of service position’’ means a position, in a program described
in section 12563(c)(8) of this title, for which the
Corporation has approved the provision of a
summer of service educational award as one of
the benefits to be provided for successful service in the position.
(6) Asian American and Native American Pacific Islander-serving institution
The term ‘‘Asian American and Native
American Pacific Islander-serving institution’’
has the meaning given the term in section
1059g(b) of title 20.
(7) Authorizing committees
The term ‘‘authorizing committees’’ means
the Committee on Education and Labor of the
House of Representatives and the Committee
on Health, Education, Labor, and Pensions of
the Senate.
(8) Carry out
The term ‘‘carry out’’, when used in connection with a national service program, means
the planning, establishment, operation, expansion, or replication of the program.
(9) Chief Executive Officer
The term ‘‘Chief Executive Officer’’, except
when used to refer to the chief executive officer of a State, means the Chief Executive Officer of the Corporation appointed under section
12651c of this title.
(10) Community-based agency
The term ‘‘community-based agency’’ means
a private nonprofit organization (including a
church or other religious entity) that—

§ 12511

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(A) is representative of a community or a
significant segment of a community; and
(B) is engaged in meeting human, educational, environmental, or public safety
community needs.
(11) Community-based entity
The term ‘‘community-based entity’’ means
a public or private nonprofit organization
that—
(A) has experience with meeting unmet
human, educational, environmental, or public safety needs; and
(B) meets other such criteria as the Chief
Executive Officer may establish.
(12) Corporation
The term ‘‘Corporation’’ means the Corporation for National and Community Service established under section 12651 of this title.
(13) Disadvantaged youth
The term ‘‘disadvantaged youth’’ includes
those youth who are economically disadvantaged and 1 or more of the following:
(A) Who are out-of-school youth, including
out-of-school youth who are unemployed.
(B) Who are in or aging out of foster care.
(C) Who have limited English proficiency.
(D) Who are homeless or who have run
away from home.
(E) Who are at-risk to leave secondary
school without a diploma.
(F) Who are former juvenile offenders or at
risk of delinquency.
(G) Who are individuals with disabilities.
(14) Economically disadvantaged
The term ‘‘economically disadvantaged’’
means, with respect to an individual, an individual who is determined by the Chief Executive Officer to be low-income according to the
latest available data from the Department of
Commerce.
(15) Elementary school
The term ‘‘elementary school’’ has the same
meaning given such term in section 7801 of
title 20.
(16) Encore service program
The term ‘‘encore service program’’ means a
program, carried out by an eligible entity as
described in subsection (a), (b), or (c) of section 12572 of this title, that—
(A) involves a significant number of participants age 55 or older in the program; and
(B) takes advantage of the skills and experience that such participants offer in the design and implementation of the program.
(17) Hispanic-serving institution
The term ‘‘Hispanic-serving institution’’ has
the meaning given such term in section
1101a(a) of title 20.
(18) Historically black college or university
The term ‘‘historically black college or university’’ means a part B institution, as defined
in section 1061 of title 20.
(19) Indian
The term ‘‘Indian’’ means a person who is a
member of an Indian tribe, or is a ‘‘Native’’, as
defined in section 1602(b) of title 43.

Page 7810

(20) Indian lands
The term ‘‘Indian lands’’ means any real
property owned by an Indian tribe, any real
property held in trust by the United States for
an Indian or Indian tribe, and any real property held by an Indian or Indian tribe that is
subject to restrictions on alienation imposed
by the United States.
(21) Indian tribe
The term ‘‘Indian tribe’’ means—
(A) an Indian tribe, band, nation, or other
organized group or community, including—
(i) any Native village, as defined in section 1602(c) of title 43, whether organized
traditionally or pursuant to the Act of
June 18, 1934 (commonly known as the ‘‘Indian Reorganization Act’’; 48 Stat. 984,
chapter 576; 25 U.S.C 461 et seq.); 1 and
(ii) any Regional Corporation or Village
Corporation, as defined in subsection (g) or
(j), respectively, of section 1602 of title 43,
that is recognized as eligible for the special
programs and services provided by the
United States under Federal law to Indians
because of their status as Indians; and
(B) any tribal organization controlled,
sanctioned, or chartered by an entity described in subparagraph (A).
(22) Individual with a disability
Except as provided in section 12635(a) of this
title, the term ‘‘individual with a disability’’
has the meaning given the term in section
705(20)(B) of title 29.
(23) Institution of higher education
The term ‘‘institution of higher education’’
has the same meaning given such term in sections 1001(a) and 1002(a)(1) of title 20.
(24) Local educational agency
The term ‘‘local educational agency’’ has
the same meaning given such term in section
7801 of title 20.
(25) Medically underserved population
The term ‘‘medically underserved population’’ has the meaning given that term in
section 254b(b)(3) of this title.
(26) National service laws
The term ‘‘national service laws’’ means this
chapter and the Domestic Volunteer Service
Act of 1973 (42 U.S.C. 4950 et seq.).
(27) Native American-serving, nontribal institution
The term ‘‘Native American-serving, nontribal institution’’ has the meaning given the
term in section 1059f(b) of title 20.
(28) Native Hawaiian-serving institution
The term ‘‘Native Hawaiian-serving institution’’ has the meaning given the term in section 1059d(b) of title 20.
(29) Out-of-school youth
The term ‘‘out-of-school youth’’ means an
individual who—
(A) has not attained the age of 27;
1 See

References in Text note below.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(B) has not completed college or the equivalent thereof; and
(C) is not enrolled in an elementary or secondary school or institution of higher education.
(30) Participant
(A) In general
The term ‘‘participant’’ means—
(i) for purposes of division C, an individual in an approved national service position; and
(ii) for purposes of any other provision of
this chapter, an individual enrolled in a
program that receives assistance under
this subchapter.
(B) Rule
A participant shall not be considered to be
an employee of the organization receiving
assistance under the national service laws
through which the participant is engaging in
service.
(31) Partnership program
The term ‘‘partnership program’’ means a
program through which an adult volunteer, a
public or private nonprofit organization, an
institution of higher education, or a business
assists a local educational agency.
(32) Predominantly Black Institution
The term ‘‘Predominantly Black Institution’’ has the meaning given the term in section 1059e of title 20.
(33) Principles of scientific research
The term ‘‘principles of scientific research’’
means principles of research that—
(A) apply rigorous, systematic, and objective methodology to obtain reliable and
valid knowledge relevant to the subject matter involved;
(B) present findings and make claims that
are appropriate to, and supported by, the
methods that have been employed; and
(C) include, appropriate to the research
being conducted—
(i) use of systematic, empirical methods
that draw on observation or experiment;
(ii) use of data analyses that are adequate to support the general findings;
(iii) reliance on measurements or observational methods that provide reliable and
generalizable findings;
(iv) strong claims of causal relationships, only with research designs that
eliminate plausible competing explanations for observed results, such as, but
not limited to, random-assignment experiments;
(v) presentation of studies and methods
in sufficient detail and clarity to allow for
replication or, at a minimum, to offer the
opportunity to build systematically on the
findings of the research;
(vi) acceptance by a peer-reviewed journal or critique by a panel of independent
experts through a comparably rigorous,
objective, and scientific review; and
(vii) consistency of findings across multiple studies or sites to support the generality of results and conclusions.

§ 12511

(34) Program
The term ‘‘program’’, unless the context
otherwise requires, and except when used as
part of the term ‘‘academic program’’, means
a program described in section 12523(a) of this
title (other than a program referred to in
paragraph (3)(B) of such section), 12561a, or
12561(b)(1), or subsection (a), (b), or (c) of section 12572 of this title, or in paragraph (1) or
(2) of section 12612(b) of this title, section
12653b of this title, 12653c of this title, 198G,1
12653h of this title, or 12653k of this title, or an
activity that could be funded under section
12639a, 12653, 12653o, 12653p, or 12657 of this
title.
(35) Project
The term ‘‘project’’ means an activity, carried out through a program that receives assistance under this subchapter, that results in
a specific identifiable service or improvement
that otherwise would not be done with existing funds, and that does not duplicate the routine services or functions of the employer to
whom participants are assigned.
(36) Qualified organization
The term ‘‘qualified organization’’ means a
public or private nonprofit organization with
experience working with school-age youth
that meets such criteria as the Chief Executive Officer may establish.
(37) School-age youth
The term ‘‘school-age youth’’ means—
(A) individuals between the ages of 5 and
17, inclusive; and
(B) children with disabilities, as defined in
section 602(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3)), who
receive services under part B of such Act [20
U.S.C. 1411 et seq.].
(38) Scientifically valid research
The term ‘‘scientifically valid research’’ includes applied research, basic research, and
field-initiated research in which the rationale,
design, and interpretation are soundly developed in accordance with principles of scientific research.
(39) Secondary school
The term ‘‘secondary school’’ has the same
meaning given such term in section 7801 of
title 20.
(40) Service-learning
The term ‘‘service-learning’’ means a method—
(A) under which students or participants
learn and develop through active participation in thoughtfully organized service that—
(i) is conducted in and meets the needs of
a community;
(ii) is coordinated with an elementary
school, secondary school, institution of
higher education, or community service
program, and with the community; and
(iii) helps foster civic responsibility; and
(B) that—
(i) is integrated into and enhances the
academic curriculum of the students, or

§ 12511

TITLE 42—THE PUBLIC HEALTH AND WELFARE

the educational components of the community service program in which the participants are enrolled; and
(ii) provides structured time for the students or participants to reflect on the
service experience.
(41) Service-learning coordinator
The term ‘‘service-learning coordinator’’
means an individual who provides services as
described in subsection (a)(3) or (b) of section
12523 of this title.
(42) Service sponsor
The term ‘‘service sponsor’’ means an organization, or other entity, that has been selected to provide a placement for a participant.
(43) State
The term ‘‘State’’ means each of the several
States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(44) State Commission
The term ‘‘State Commission’’ means a
State Commission on National and Community Service maintained by a State pursuant
to section 12638 of this title. Except when used
in section 12638 of this title, the term includes
an alternative administrative entity for a
State approved by the Corporation under such
section to act in lieu of a State Commission.
(45) State educational agency
The term ‘‘State educational agency’’ has
the same meaning given such term in section
7801 of title 20.
(46) Student
The term ‘‘student’’ means an individual
who is enrolled in an elementary or secondary
school or institution of higher education on a
full- or part-time basis.
(47) Territory
The term ‘‘territory’’ means the United
States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
(48) Tribally controlled college or university
The term ‘‘tribally controlled college or university’’ has the meaning given such term in
section 1801 of title 25.
(49) Veteran
The term ‘‘veteran’’ has the meaning given
the term in section 101 of title 38.
(Pub. L. 101–610, title I, § 101, Nov. 16, 1990, 104
Stat. 3129; Pub. L. 102–10, § 3, Mar. 12, 1991, 105
Stat. 29; Pub. L. 102–384, § 3, Oct. 5, 1992, 106 Stat.
1455; Pub. L. 103–82, title I, § 111(a), Sept. 21, 1993,
107 Stat. 857; Pub. L. 103–382, title III, § 394(h)(1),
Oct. 20, 1994, 108 Stat. 4028; Pub. L. 105–220, title
IV, § 414(g), Aug. 7, 1998, 112 Stat. 1242; Pub. L.
105–244, title I, § 102(a)(13)(K), Oct. 7, 1998, 112
Stat. 1621; Pub. L. 107–110, title X, § 1076(ff), Jan.
8, 2002, 115 Stat. 2093; Pub. L. 108–446, title III,
§ 305(m), Dec. 3, 2004, 118 Stat. 2806; Pub. L.
111–13, title I, § 1102, Apr. 21, 2009, 123 Stat. 1464;

Page 7812

Pub. L. 114–95, title IX, § 9215(bbb)(1), Dec. 10,
2015, 129 Stat. 2184.)
REFERENCES IN TEXT
Act of June 18, 1934 (commonly known as the ‘‘Indian
Reorganization Act’’; 48 Stat. 984, chapter 576; 25 U.S.C
461 et seq.), referred to in par. (21)(A)(i), is act June 18,
1934, ch. 576, 48 Stat. 984, which was classified generally
to subchapter V (§ 461 et seq.) of chapter 14 of Title 25,
Indians, prior to editorial reclassification as chapter 45
(§ 5101 et seq.) of Title 25. For complete classification of
this Act to the Code, see Short Title note set out under
section 5101 of Title 25 and Tables.
This chapter, referred to in pars. (26) and (30)(A)(ii),
was in the original ‘‘this Act’’, meaning Pub. L. 101–610,
Nov. 16, 1990, 104 Stat. 3127, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 12501 of this title and Tables.
The Domestic Volunteer Service Act of 1973, referred
to in par. (26), 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.
Section 198G, referred to in par. (34), is unidentifiable
in the original, since Pub. L. 101–610 does not contain a
section 198G.
The Individuals with Disabilities Education Act, referred to in par. (37)(B), is title VI of Pub. L. 91–230,
Apr. 13, 1970, 84 Stat. 175. Part B of the Act is classified
generally to subchapter II (§ 1411 et seq.) of chapter 33
of Title 20, Education. For complete classification of
this Act to the Code, see section 1400 of Title 20 and Tables.
AMENDMENTS
2015—Pars. (15), (24), (39), (45). Pub. L. 114–95 made
technical amendment to reference in original act which
appears in text as reference to section 7801 of title 20.
2009—Pub. L. 111–13, § 1102(b), redesignated pars. (1) to
(49) as (1), (3), (8), (9), (10), (12), (14), (15), (19), (20), (21),
(22), (23), (24), (26), (29), (30), (31), (34), (35), (37), (39), (40),
(41), (42), (43), (44), (45), (46), (2), (4), (5), (6), (7), (11), (13),
(16), (17), (18), (25), (27), (28), (32), (33), (36), (38), (47), (48),
and (49), respectively, and rearranged pars. in numerical order.
Par. (3). Pub. L. 111–13, § 1102(a)(1), struck out ‘‘described in section 12572 of this title’’ after ‘‘service program’’.
Par. (13). Pub. L. 111–13, § 1102(a)(2), which directed
substitution of ‘‘sections 1001(a) and 1002(a)(1) of title
20’’ for ‘‘section 1001(a) of title 20’’, was executed by
making the substitution for ‘‘section 1001 of title 20’’ to
reflect the probable intent of Congress.
Par. (17)(B). Pub. L. 111–13, § 1102(a)(3), substituted
‘‘organization receiving assistance under the national
service laws through which the participant is engaging
in service’’ for ‘‘program in which the participant is enrolled’’.
Par. (19). Pub. L. 111–13, § 1102(a)(4), substituted ‘‘section 12523(a) of this title’’ for ‘‘section 12521(a) of this
title’’, struck out ‘‘12542(a),’’ after ‘‘(3)(B) of such section),’’, substituted ‘‘12561a, or 12561(b)(1), or subsection
(a), (b), or (c) of section 12572 of this title,’’ for
‘‘12561(b)(1), or 12572(a) of this title,’’, inserted ‘‘section
12653b of this title, 12653c of this title, 198G, 12653h of
this title, or 12653k of this title,’’ after ‘‘section 12612(b)
of this title,’’, and substituted ‘‘12639a, 12653, 12653o,
12653p, or 12657’’ for ‘‘12653, 12653c, or 12653d’’.
Par. (21)(B). Pub. L. 111–13, § 1102(a)(5), substituted
‘‘602(3)’’ for ‘‘602’’ and ‘‘1401(3)’’ for ‘‘1401’’.
Par. (24). Pub. L. 111–13, § 1102(a)(6), substituted ‘‘section 12523 of this title’’ for ‘‘section 12521 of this title’’.
Par. (26). Pub. L. 111–13, § 1102(a)(7), struck out ‘‘The
term also includes Palau, until such time as the Compact of Free Association is ratified.’’ at end.
Pars. (30) to (49). Pub. L. 111–13, § 1102(a)(8), added
pars. (30) to (49).

Page 7813

TITLE 42—THE PUBLIC HEALTH AND WELFARE

2004—Par. (21)(B). Pub. L. 108–446 substituted ‘‘section
602’’ for ‘‘section 602(a)(1)’’ and ‘‘1401’’ for ‘‘1401(a)(1)’’.
2002—Pars. (8), (14), (22), (28). Pub. L. 107–110 substituted ‘‘section 7801 of title 20’’ for ‘‘section 8801 of
title 20’’.
1998—Par. (12). Pub. L. 105–220 substituted ‘‘section
705(20)(B) of title 29’’ for ‘‘section 706(8)(B) of title 29’’.
Par. (13). Pub. L. 105–244 substituted ‘‘section 1001’’
for ‘‘section 1141(a)’’.
1994—Par. (8). Pub. L. 103–382, § 394(h)(1)(A), substituted ‘‘section 8801 of title 20’’ for ‘‘section 2891(8) of
title 20’’.
Par. (14). Pub. L. 103–382, § 394(h)(1)(B), substituted
‘‘section 8801 of title 20’’ for ‘‘section 2891(12) of title
20’’.
Par. (22). Pub. L. 103–382, § 394(h)(1)(C), substituted
‘‘section 8801 of title 20’’ for ‘‘section 2891(21) of title
20’’.
Par. (28). Pub. L. 103–382, § 394(h)(1)(D), substituted
‘‘section 8801 of title 20’’ for ‘‘section 2891(23) of title
20’’.
1993—Pub. L. 103–82 amended section generally, substituting provisions consisting of 29 definitions of
terms used in this subchapter for former provisions
consisting of 30 definitions.
1992—Par. (29). Pub. L. 102–384, § 3(1), added par. (29)
and struck out former par. (29) which read as follows:
‘‘The term ‘summer program’ means a youth corps program authorized under this subchapter that is limited
to the months of June, July, and August.’’
Par. (30). Pub. L. 102–384, § 3(2), substituted ‘‘living allowances’’ for ‘‘stipends’’.
1991—Par. (7). Pub. L. 102–10, § 3(1), added par. (7).
Former par. (7) redesignated (8).
Par. (8). Pub. L. 102–10, § 3(2), (3), redesignated par. (7)
as (8) and inserted ‘‘an Indian or’’ before ‘‘Indian
tribes’’ in two places. Former par. (8) redesignated (9).
Pars. (9) to (13). Pub. L. 102–10, § 3(2), redesignated
pars. (8) to (12) as (9) to (13), respectively. Former par.
(13) redesignated (14).
Par. (14). Pub. L. 102–10, § 3(2), (4), redesignated par.
(13) as (14) and inserted at end ‘‘Participants shall not
be considered employees of the program.’’ Former par.
(14) redesignated (15).
Pars. (15) to (22). Pub. L. 102–10, § 3(2), redesignated
pars. (14) to (21) as (15) to (22), respectively. Former par.
(22) redesignated (23).
Par. (23). Pub. L. 102–10, § 3(5), which directed the substitution of ‘‘participants’’ for ‘‘students or out of
school youth’’, was executed by making the substitution for ‘‘students or out-of-school youth’’ to reflect
the probable intent of Congress.
Pub. L. 102–10, § 3(2), redesignated par. (22) as (23).
Former par. (23) redesignated (24).
Par. (24). Pub. L. 102–10, § 3(2), (6), redesignated par.
(23) as (24) and in heading and text substituted ‘‘participant’’ for ‘‘member’’. Former par. (24) redesignated (25).
Pars. (25) to (29). Pub. L. 102–10, § 3(2), redesignated
pars. (24) to (28) as (25) to (29), respectively. Former par.
(29) redesignated (30).
Par. (30). Pub. L. 102–10, § 3(2), (7), redesignated par.
(29) as (30) and inserted ‘‘corps’’ after ‘‘youth service’’.
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of Title
20, Education.
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 2002 AMENDMENT
Amendment by Pub. L. 107–110 effective Jan. 8, 2002,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.

§ 12513

L. 107–110, set out as an Effective Date note under section 6301 of Title 20, Education.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–244 effective Oct. 1, 1998,
except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section
1001 of Title 20, Education.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103–82 effective Oct. 1, 1993,
see section 123 of Pub. L. 103–82, set out as a note under
section 1701 of Title 16, Conservation.

§ 12512. Repealed. Pub. L. 103–82, title I, § 112,
Sept. 21, 1993, 107 Stat. 861
Section, Pub. L. 101–610, title I, § 102, Nov. 16, 1990, 104
Stat. 3132, authorized Commission to make grants to
carry out programs under parts B, C, D, and E of this
subchapter.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1993, see section 123 of Pub. L.
103–82, set out as an Effective Date of 1993 Amendment
note under section 1701 of Title 16, Conservation.

§ 12513. Study of program effectiveness
(a) In general
Not later than 12 months after April 21, 2009,
the Comptroller General of the United States
shall develop performance measures for each
program receiving Federal assistance under the
national service laws.
(b) Contents
The performance measures developed under
subsection (a) shall—
(1) to the maximum extent practicable draw
on research-based, quantitative data;
(2) take into account program purpose and
program design;
(3) include criteria to evaluate the cost effectiveness of programs receiving assistance
under the national service laws;
(4) include criteria to evaluate the administration and management of programs receiving Federal assistance under the national
service laws; and
(5) include criteria to evaluate oversight and
accountability of recipients of assistance
through such programs under the national
service laws.
(c) Report
Not later than 2 years after the development
of the performance measures under subsection
(a), and every 5 years thereafter, the Comptroller General of the United States shall prepare and submit to the authorizing committees
and the Corporation’s Board of Directors a report containing an assessment of each such program with respect to the performance measures
developed under subsection (a).
(d) Definitions
In this section:
(1) In general
The terms ‘‘authorizing committees’’, ‘‘Corporation’’, and ‘‘national service laws’’ have
the meanings given the terms in section 12511
of this title.
(2) Program
The term ‘‘program’’ means an entire program carried out by the Corporation under the

§ 12521

TITLE 42—THE PUBLIC HEALTH AND WELFARE

national service laws, such as the entire
AmeriCorps program carried out under subtitle C.1
(Pub. L. 111–13, title I, § 1712, Apr. 21, 2009, 123
Stat. 1551.)
REFERENCES IN TEXT
Subtitle C, referred to in subsec. (d)(2), probably
means subtitle C (§ 121 et seq.) of title I of Pub. L.
101–610, which is classified generally to division C
(§ 12571 et seq.) of this subchapter. For complete classification of subtitle C to the Code, see Tables.
CODIFICATION
Section was enacted as part of the Serve America
Act, and not as part of the National and Community
Service Act of 1990 which comprises this chapter.
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

Division B—School-Based and CommunityBased Service-Learning Programs
PRIOR PROVISIONS
This division is comprised of subtitle B, §§ 111–120, of
title I of Pub. L. 101–610. A prior part B (§ 12521 et seq.),
comprised of subtitle B, §§ 111–118, of title I of Pub. L.
101–610, related to programs for students and out-ofschool youth, prior to repeal by Pub. L. 103–82, title I,
§ 103(a)(2), (b), Sept. 21, 1993, 107 Stat. 825, 837.

PART I—PROGRAMS FOR ELEMENTARY AND
SECONDARY SCHOOL STUDENTS
CODIFICATION
Part I of subtitle B of title I of the National and Community Service Act of 1990, comprising this part, was
originally added to Pub. L. 101–610, title I, subtitle B,
by Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107
Stat. 825, and amended by Pub. L. 103–382, Oct. 20, 1994,
108 Stat. 3518. Such part is shown herein, however, as
having been added by Pub. L. 111–13, title I, § 1201, Apr.
21, 2009, 123 Stat. 1467, without reference to such intervening amendments because of the extensive revision
of the part’s provisions by Pub. L. 111–13.

§ 12521. Purpose
The purpose of this part is to promote servicelearning as a strategy to—
(1) support high-quality service-learning
projects that engage students in meeting community needs with demonstrable results, while
enhancing students’ academic and civic learning; and
(2) support efforts to build institutional capacity, including the training of educators,
and to strengthen the service infrastructure to
expand service opportunities.
(Pub. L. 101–610, title I, § 111, as added Pub. L.
111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1467.)
PRIOR PROVISIONS
A prior section 12521, Pub. L. 101–610, title I, § 111, as
added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107
Stat. 825, prescribed general authority of the Corporation for National and Community Service to make
grants for service-learning programs, prior to the general amendment of this part by Pub. L. 111–13.
Another prior section 12521, Pub. L. 101–610, title I,
§ 111, Nov. 16, 1990, 104 Stat. 3132; Pub. L. 102–10, § 4(2),
1 See

References in Text note below.

Page 7814

Mar. 12, 1991, 105 Stat. 30, prescribed general authority
of Commission on National and Community Service to
make grants for service-learning programs, prior to repeal by Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993,
107 Stat. 825.
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12522. Definitions
In this part:
(1) State
The term ‘‘State’’ means each of the several
States, the District of Columbia, and the Commonwealth of Puerto Rico.
(2) State educational agency
The term ‘‘State educational agency’’
means—
(A) a State educational agency (as defined
in section 12511 of this title) of a State; or
(B) for a State in which a State educational agency described in subparagraph
(A) has designated a statewide entity under
section 12523(e) 1 of this title, that designated statewide entity.
(Pub. L. 101–610, title I, § 111A, as added Pub. L.
111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1467.)
REFERENCES IN TEXT
Section 12523(e) of this title, referred to in par. (2)(B),
probably should be a reference to section 12523(d) of
this title, which relates to designation of a statewide
entity to carry out the functions of the State educational agency. Section 12523(e) relates to consultation of the Corporation with the Secretary of Education.
PRIOR PROVISIONS
A prior section 12522, Pub. L. 101–610, title I, § 111A, as
added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107
Stat. 827, granted the Corporation authority to assist
local applicants in nonparticipating States, prior to
the general amendment of this part by Pub. L. 111–13.
Another prior section 12522, Pub. L. 101–610, title I,
§ 112, Nov. 16, 1990, 104 Stat. 3133; Pub. L. 102–10, § 4(3),
Mar. 12, 1991, 105 Stat. 30; Pub. L. 102–384, § 4, Oct. 5,
1992, 106 Stat. 1455, related to allotments, prior to repeal by Pub. L. 103–82, § 103(a)(2).
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12523. Assistance to States, territories, and Indian tribes
(a) Allotments to States, territories, and Indian
tribes
The Corporation, in consultation with the Secretary of Education, may make allotments to
State educational agencies, territories, and Indian tribes to pay for the Federal share of—
(1) planning and building the capacity within the State, territory, or Indian tribe involved to implement service-learning programs that are based principally in elementary schools and secondary schools, including—
1 See

References in Text note below.

Page 7815

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(A) providing training and professional development for teachers, supervisors, personnel from community-based entities (particularly with regard to the recruitment,
utilization, and management of participants), and trainers, to be conducted by
qualified individuals or organizations that
have experience with service-learning;
(B) developing service-learning curricula,
consistent with State or local academic content standards, to be integrated into academic programs, including curricula for an
age-appropriate learning component that
provides participants an opportunity to analyze and apply their service experiences;
(C) forming local partnerships described in
paragraph (2) or (4)(D) to develop schoolbased service-learning programs in accordance with this part;
(D) devising appropriate methods for research on and evaluation of the educational
value of service-learning and the effect of
service-learning activities on communities;
(E) establishing effective outreach and dissemination of information to ensure the
broadest possible involvement of community-based entities with demonstrated effectiveness in working with school-age youth in
their communities; and
(F) establishing effective outreach and dissemination of information to ensure the
broadest possible participation of schools
throughout the State, throughout the territory, or serving the Indian tribe involved
with particular attention to schools implementing comprehensive support and improvement activities or targeted support and
improvement activities under section 6311(d)
of title 20;
(2) implementing, operating, or expanding
school-based service-learning programs, which
may include paying for the cost of the recruitment, training, supervision, placement, salaries, and benefits of service-learning coordinators, through distribution by State educational agencies, territories, and Indian
tribes of Federal funds made available under
this part to projects operated by local partnerships among—
(A) local educational agencies; and
(B) 1 or more community partners that—
(i) shall include a public or private nonprofit organization that—
(I) has a demonstrated expertise in the
provision of services to meet unmet
human, education, environmental, or
public safety needs;
(II) will make projects available for
participants, who shall be students; and
(III) was in existence at least 1 year before the date on which the organization
submitted an application under section
12525 of this title; and
(ii) may include a private for-profit business, private elementary school or secondary school, or Indian tribe (except that
an Indian tribe distributing funds to a
project under this paragraph is not eligible
to be part of the partnership operating
that project);

§ 12523

(3) planning of school-based service-learning
programs, through distribution by State educational agencies, territories, and Indian
tribes of Federal funds made available under
this part to local educational agencies and Indian tribes, which planning may include paying for the cost of—
(A) the salaries and benefits of servicelearning coordinators; or
(B) the recruitment, training and professional development, supervision, and placement of service-learning coordinators who
may be participants in a program under division C or receive a national service educational award under division D, who may be
participants in a project under section 5001
of this title, or who may participate in a
Youthbuild program under section 3226 of
title 29,
who will identify the community partners described in paragraph (2)(B) and assist in the
design and implementation of a program described in paragraph (2);
(4) implementing, operating, or expanding
school-based service-learning programs to utilize adult volunteers in service-learning to improve the education of students, through distribution by State educational agencies, territories, and Indian tribes of Federal funds made
available under this part to—
(A) local educational agencies;
(B) Indian tribes (except that an Indian
tribe distributing funds under this paragraph
is not eligible to be a recipient of those
funds);
(C) public or private nonprofit organizations; or
(D) partnerships or combinations of local
educational agencies, and entities described
in subparagraph (B) or (C); and
(5) developing, as service-learning programs,
civic engagement programs that promote a
better understanding of—
(A) the principles of the Constitution, the
heroes of United States history (including
military heroes), and the meaning of the
Pledge of Allegiance;
(B) how the Nation’s government functions; and
(C) the importance of service in the Nation’s character.
(b) Duties of service-learning coordinator
A service-learning coordinator referred to in
paragraph (2) or (3) of subsection (a) shall provide services to a local partnership described in
subsection (a)(2) or entity described in subsection (a)(3), respectively, that may include—
(1) providing technical assistance and information to, and facilitating the training of,
teachers and assisting in the planning, development, execution, and evaluation of servicelearning in their classrooms;
(2) assisting local partnerships described in
subsection (a)(2) in the planning, development,
and execution of service-learning projects, including summer of service programs;
(3) assisting schools and local educational
agencies in developing school policies and
practices that support the integration of service-learning into the curriculum; and

§ 12524

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(4) carrying out such other duties as the
local partnership or entity, respectively, may
determine to be appropriate.
(c) Related expenses
An entity that receives financial assistance
under this part from a State, territory, or Indian tribe may, in carrying out the activities described in subsection (a), use such assistance to
pay for the Federal share of reasonable costs related to the supervision of participants, program
administration, transportation, insurance, and
evaluations and for other reasonable expenses
related to the activities.
(d) Special rule
A State educational agency described in section 12522(2)(A) of this title may designate a
statewide entity (which may be a communitybased entity) with demonstrated experience in
supporting or implementing service-learning
programs, to receive the State educational agency’s allotment under this part, and carry out the
functions of the agency under this part.
(e) Consultation with Secretary of Education
The Corporation is authorized to enter into
agreements with the Secretary of Education for
initiatives (and may use funds authorized under
section 12681(a)(6) of this title to enter into the
agreements if the additional costs of the initiatives are warranted) that may include—
(1) identification and dissemination of research findings on service-learning and scientifically valid research based practices for
service-learning; and
(2) provision of professional development opportunities that—
(A) improve the quality of service-learning
instruction and delivery for teachers both
preservice and in-service, personnel from
community-based entities and youth workers; and
(B) create and sustain effective partnerships for service-learning programs between
local educational agencies, communitybased entities, businesses, and other stakeholders.
(Pub. L. 101–610, title I, § 112, as added Pub. L.
111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1468;
amended Pub. L. 113–128, title V, § 512(u)(1), July
22, 2014, 128 Stat. 1712; Pub. L. 114–95, title IX,
§ 9215(bbb)(2), Dec. 10, 2015, 129 Stat. 2185.)
PRIOR PROVISIONS
A prior section 12523, Pub. L. 101–610, title I, § 111B, as
added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107
Stat. 827, granted the Corporation authority to assist
public or private nonprofit organizations, prior to the
general amendment of this part by Pub. L. 111–13.
Another prior section 12523, Pub. L. 101–610, title I,
§ 113, Nov. 16, 1990, 104 Stat. 3134; Pub. L. 102–384, § 4,
Oct. 5, 1992, 106 Stat. 1455, related to State grant applications, prior to repeal by Pub. L. 103–82, § 103(a)(2).
A prior section 112 of Pub. L. 101–610 was classified to
section 12524 prior to the general amendment of this
part by Pub. L. 111–13.
Another prior section 112 of Pub. L. 101–610 was classified to section 12522 of this title prior to repeal by Pub.
L. 103–82.
AMENDMENTS
2015—Subsec. (a)(1)(F). Pub. L. 114–95 substituted ‘‘implementing comprehensive support and improvement

Page 7816

activities or targeted support and improvement activities under section 6311(d) of title 20’’ for ‘‘not making
adequate yearly progress for two or more consecutive
years under section 6311 of title 20’’.
2014—Subsec. (a)(3)(B). Pub. L. 113–128 substituted ‘‘or
who may participate in a Youthbuild program under
section 3226 of title 29’’ for ‘‘or who may participate in
a Youthbuild program under section 2918a of title 29’’.
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of Title
20, Education.
EFFECTIVE DATE OF 2014 AMENDMENT
Amendment by Pub. L. 113–128 effective on the first
day of the first full program year after July 22, 2014
(July 1, 2015), see section 506 of Pub. L. 113–128, set out
as an Effective Date note under section 3101 of Title 29,
Labor.
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12524. Allotments
(a) Indian tribes and territories
Of the amounts appropriated to carry out this
part for any fiscal year, the Corporation shall
reserve an amount of not less than 2 percent and
not more than 3 percent for payments to Indian
tribes, the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands, to be allotted in accordance with their respective needs.
(b) Allotments through States
(1) In general
After reserving an amount under subsection
(a), the Corporation shall use the remainder of
the funds appropriated to carry out this part
for the fiscal year as follows:
(A) Allotments based on school-age youth
From 50 percent of such remainder, the
Corporation shall allot to each State an
amount that bears the same ratio to 50 percent of such remainder as the number of
school-age youth in the State bears to the
total number of school-age youth in all
States.
(B) Allotments based on allocations under Elementary and Secondary Education Act
of 1965
From 50 percent of such remainder, the
Corporation shall allot to each State an
amount that bears the same ratio to 50 percent of such remainder as the allocation to
the State for the previous fiscal year under
title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.)
bears to the total of such allocations to all
States.
(2) Minimum amount
For any fiscal year for which amounts appropriated for this division exceed $50,000,000,
the minimum allotment to each State under
paragraph (1) shall be $75,000.
(c) Reallotment
If the Corporation determines that the allotment of a State, territory, or Indian tribe under

Page 7817

TITLE 42—THE PUBLIC HEALTH AND WELFARE

this section will not be required for a fiscal year
because the State, territory, or Indian tribe did
not submit and receive approval of an application for the allotment under section 12525 of this
title, the Corporation shall make the allotment
for such State, territory, or Indian tribe available for grants to community-based entities to
carry out service-learning programs as described
in section 12523(b) of this title in such State, in
such territory, or for such Indian tribe. After
community-based entities apply for grants from
the allotment, by submitting an application at
such time and in such manner as the Corporation requires, and receive approval, the remainder of such allotment shall be available for reallotment to such other States, territories, or Indian tribes with approved applications submitted under section 12525 of this title as the
Corporation may determine to be appropriate.
(Pub. L. 101–610, title I, § 112A, as added Pub. L.
111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1470.)
REFERENCES IN TEXT
The Elementary and Secondary Education Act of
1965, referred to in subsec. (b)(1)(B), is Pub. L. 89–10,
Apr. 11, 1965, 79 Stat. 27. Title I of the Act is classified
generally to subchapter I (§ 6301 et seq.) of chapter 70 of
Title 20, Education. For complete classification of this
Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables.
PRIOR PROVISIONS
A prior section 12524, Pub. L. 101–610, title I, § 112, as
added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107
Stat. 827; amended Pub. L. 103–382, title III, §§ 391(y),
394(h)(2), Oct. 20, 1994, 108 Stat. 4026, 4028, related to
grants and allotments, prior to the general amendment
of this part by Pub. L. 111–13.
Another prior section 12524, Pub. L. 101–610, title I,
§ 114, Nov. 16, 1990, 104 Stat. 3135; Pub. L. 102–10, § 4(4),
Mar. 12, 1991, 105 Stat. 30, related to local applications
for assistance, prior to repeal by Pub. L. 103–82,
§ 103(a)(2).
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12525. Applications
(a) Applications to Corporation for allotments
(1) In general
To be eligible to receive an allotment under
section 12524 of this title, a State, acting
through the State educational agency, territory, or Indian tribe shall prepare and submit
to the Corporation an application at such time
and in such manner as the Chief Executive Officer may reasonably require, and obtain approval of the application.
(2) Contents
An application for an allotment under section 12523 of this title shall include—
(A) a proposal for a 3-year plan promoting
service-learning, which shall contain such
information as the Chief Executive Officer
may reasonably require, including how the
applicant will integrate service opportunities into the academic program of the participants;
(B) information about the criteria the
State educational agency, territory, or In-

§ 12525

dian tribe will use to evaluate and grant approval to applications submitted under subsection (b), including an assurance that the
State educational agency, territory, or Indian tribe will comply with the requirement
in section 12526(a) of this title;
(C) assurances about the applicant’s efforts to—
(i) ensure that students of different ages,
races, sexes, ethnic groups, disabilities,
and economic backgrounds have opportunities to serve together;
(ii) include any opportunities for students, enrolled in schools or programs of
education providing elementary or secondary education, to participate in service-learning programs and ensure that
such service-learning programs include opportunities for such students to serve together;
(iii) involve participants in the design
and operation of the programs;
(iv) promote service-learning in areas of
greatest need, including low-income or
rural areas; and
(v) otherwise integrate service opportunities into the academic program of the
participants; and
(D) assurances that the applicant will
comply with the nonduplication and nondisplacement requirements of section 12637
of this title and the notice, hearing, and
grievance procedures required by section
12636 of this title.
(b) Application to State, territory, or Indian tribe
for assistance to carry out school-based service-learning programs
(1) In general
Any—
(A) qualified organization, Indian tribe,
territory, local educational agency, for-profit business, private elementary school or
secondary school, or institution of higher
education that desires to receive financial
assistance under this subpart 1 from a State,
territory, or Indian tribe for an activity described in section 12523(a)(1) of this title;
(B) partnership described in section
12523(a)(2) of this title that desires to receive
such assistance from a State, territory, or
Indian tribe for an activity described in section 12523(a)(2) of this title;
(C) entity described in section 12523(a)(3) of
this title that desires to receive such assistance from a State, territory, or Indian tribe
for an activity described in such section;
(D) entity or partnership described in section 12523(a)(4) of this title that desires to
receive such assistance from a State, territory, or Indian tribe for an activity described in such section; and
(E) entity that desires to receive such assistance from a State, territory, or Indian
tribe for an activity described in section
12521(a)(5) 2 of this title,
shall prepare, submit to the State educational
agency for the State, territory, or Indian
1 So

in original. Probably should be ‘‘this part’’.
References in Text note below.

2 See

§ 12526

TITLE 42—THE PUBLIC HEALTH AND WELFARE

tribe, and obtain approval of, an application
for the program.
(2) Submission
Such application shall be submitted at such
time and in such manner, and shall contain
such information, as the agency, territory, or
Indian tribe may reasonably require.
(Pub. L. 101–610, title I, § 113, as added Pub. L.
111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1471.)
REFERENCES IN TEXT
Section 12521(a)(5) of this title, referred to in subsec.
(b)(1)(E), probably should be a reference to section
12523(a)(5) of this title. Section 12521 does not contain
subsections.
PRIOR PROVISIONS
A prior section 12525, Pub. L. 101–610, title I, § 113, as
added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107
Stat. 829, related to submission and contents of State
or tribal applications, prior to the general amendment
of this part by Pub. L. 111–13.
Another prior section 12525, Pub. L. 101–610, title I,
§ 115, Nov. 16, 1990, 104 Stat. 3137; Pub. L. 102–384, § 4,
Oct. 5, 1992, 106 Stat. 1455, related to priority applications and private school participation, prior to repeal
by Pub. L. 103–82, § 103(a)(2).
A prior section 113 of Pub. L. 101–610 was classified to
section 12523 of this title prior to repeal by Pub. L.
103–82.
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12526. Consideration of applications
(a) Criteria for local applications
In providing assistance under this part, a
State educational agency, territory, or Indian
tribe (or the Corporation if section 12524(c) of
this title applies) shall consider criteria with respect to sustainability, replicability, innovation, and quality of programs.
(b) Priority for local applications
In providing assistance under this part, a
State educational agency, territory, or Indian
tribe (or the Corporation if section 12524(c) of
this title applies) shall give priority to entities
that submit applications under section 12525 of
this title with respect to service-learning programs described in section 12521 of this title
that are in the greatest need of assistance, such
as programs targeting low-income areas or serving economically disadvantaged youth.
(c) Rejection of applications to Corporation
If the Corporation rejects an application submitted by a State, territory, or Indian tribe
under section 12525 of this title for an allotment,
the Corporation shall promptly notify the State,
territory, or Indian tribe of the reasons for the
rejection of the application. The Corporation
shall provide the State, territory, or Indian
tribe with a reasonable opportunity to revise
and resubmit the application and shall provide
technical assistance, if needed, to the State, territory, or Indian tribe as part of the resubmission process. The Corporation shall promptly reconsider such resubmitted application.
(Pub. L. 101–610, title I, § 114, as added Pub. L.
111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1472.)

Page 7818

PRIOR PROVISIONS
A prior section 12526, Pub. L. 101–610, title I, § 114, as
added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107
Stat. 829, related to preparation, submission, and approval of local applications, prior to the general
amendment of this part by Pub. L. 111–13.
Another prior section 12526, Pub. L. 101–610, title I,
§ 116, Nov. 16, 1990, 104 Stat. 3138; Pub. L. 102–384, § 4,
Oct. 5, 1992, 106 Stat. 1455, prescribed Federal and local
project contributions, prior to repeal by Pub. L. 103–82,
§ 103(a)(2).
A prior section 114 of Pub. L. 101–610 was classified to
section 12524 of this title prior to repeal by Pub. L.
103–82.
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12527. Participation of students and teachers
from private schools
(a) In general
To the extent consistent with the number of
students in the State, in the territory, or served
by the Indian tribe or in the school district of
the local educational agency involved who are
enrolled in private nonprofit elementary schools
and secondary schools, such State, territory, or
Indian tribe, or agency shall (after consultation
with appropriate private school representatives)
make provision—
(1) for the inclusion of services and arrangements for the benefit of such students so as to
allow for the equitable participation of such
students in the programs implemented to
carry out the objectives and provide the benefits described in this part; and
(2) for the training of the teachers of such
students so as to allow for the equitable participation of such teachers in the programs
implemented to carry out the objectives and
provide the benefits described in this part.
(b) Waiver
If a State, territory, Indian tribe, or local educational agency is prohibited by law from providing for the participation of students or teachers from private nonprofit schools as required by
subsection (a), or if the Corporation determines
that a State, territory, Indian tribe, or local
educational agency substantially fails or is unwilling to provide for such participation on an
equitable basis, the Chief Executive Officer shall
waive such requirements and shall arrange for
the provision of services to such students and
teachers.
(Pub. L. 101–610, title I, § 115, as added Pub. L.
111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1473.)
PRIOR PROVISIONS
A prior section 12527, Pub. L. 101–610, title I, § 115, as
added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107
Stat. 830, related to consideration of applications, prior
to the general amendment of this part by Pub. L.
111–13.
Another prior section 12527, Pub. L. 101–610, title I,
§ 117, Nov. 16, 1990, 104 Stat. 3138; Pub. L. 102–10, § 4(5),
Mar. 12, 1991, 105 Stat. 30, prescribed authorized uses of
funds, prior to repeal by Pub. L. 103–82, § 103(a)(2).
A prior section 115 of Pub. L. 101–610 was classified to
section 12525 of this title prior to repeal by Pub. L.
103–82.

Page 7819

TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 12529

EFFECTIVE DATE

EFFECTIVE DATE

Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12528. Federal, State, and local contributions

§ 12529. Limitations on uses of funds

(a) Corporation share
(1) In general
The Corporation share of the cost of carrying out a program for which a grant is made
from an allotment under this part—
(A) for new grants may not exceed 80 percent of the total cost of the program for the
first year of the grant period, 65 percent for
the second year, and 50 percent for each remaining year; and
(B) for continuing grants, may not exceed
50 percent of the total cost of the program.
(2) Noncorporation contribution
In providing for the remaining share of the
cost of carrying out such a program, each recipient of such a grant under this part—
(A) shall provide for such share through a
payment in cash or in kind, fairly evaluated,
including facilities, equipment, or services;
(B) except as provided in subparagraph (C),
may provide for such share through Federal,
State, or local sources, including private
funds or donated services; and
(C) may not provide for such share through
Federal funds made available under title I of
the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311 et seq.) [20 U.S.C.
6301 et seq.] or the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
(b) Waiver
The Chief Executive Officer may waive the requirements of subsection (a) in whole or in part
with respect to any such program for any fiscal
year, on a determination that such a waiver
would be equitable due to a lack of resources at
the local level.

Not more than 6 percent of the amount of assistance received by a State, territory, or Indian
tribe that is the original recipient of an allotment under this part for a fiscal year may be
used to pay, in accordance with such standards
as the Corporation may issue, for administrative
costs, incurred by that recipient.

(Pub. L. 101–610, title I, § 116, as added Pub. L.
111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1473.)
REFERENCES IN TEXT
The Elementary and Secondary Education Act of
1965, referred to in subsec. (a)(2)(C), is Pub. L. 89–10,
Apr. 11, 1965, 79 Stat. 27. Title I of the Act is classified
generally to subchapter I (§ 6301 et seq.) of chapter 70 of
Title 20, Education. For complete classification of this
Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables.
The Individuals with Disabilities Education Act, referred to in subsec. (a)(2)(C), is title VI of Pub. L.
91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of Title 20, Education. For complete classification of this Act to the
Code, see section 1400 of Title 20 and Tables.
PRIOR PROVISIONS
A prior section 12528, Pub. L. 101–610, title I, § 115A, as
added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107
Stat. 831; amended Pub. L. 103–382, title III, § 394(h)(3),
Oct. 20, 1994, 108 Stat. 4028, related to participation of
students and teachers from private schools, prior to the
general amendment of this part by Pub. L. 111–13.
A prior section 116 of Pub. L. 101–610 was classified to
section 12529 of this title prior to the general amendment of this part by Pub. L. 111–13.
Another prior section 116 of Pub. L. 101–610 was classified to section 12526 of this title prior to repeal by Pub.
L. 103–82.

(Pub. L. 101–610, title I, § 117, as added Pub. L.
111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1474.)
PRIOR PROVISIONS
A prior section 12529, Pub. L. 101–610, title I, § 116, as
added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107
Stat. 832, related to Federal, State, and local contributions, prior to the general amendment of this part by
Pub. L. 111–13, effective Oct. 1, 2009.
A prior section 117 of Pub. L. 101–610 was classified to
section 12541 of this title prior to the general amendment of this part by Pub. L. 111–13.
Another prior section 117 of Pub. L. 101–610 was classified to section 12527 of this title prior to repeal by Pub.
L. 103–82.
Prior sections 12530, 12531, 12541 to 12547, and 12551,
comprising former subpart B of this part relating to
community-based service programs for school-age
youth and former subpart C of this part relating to establishment of a service-learning clearinghouse, were
omitted in the general amendment of this part by Pub.
L. 111–13.
Section 12530, Pub. L. 101–610, title I, § 116A, as added
Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat.
832, set forth limitations on uses of funds.
Section 12531, Pub. L. 101–610, title I, § 116B, as added
Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat.
833, defined terms used in former subpart A.
Another prior section 12531, Pub. L. 101–610, title I,
§ 118, Nov. 16, 1990, 104 Stat. 3139; Pub. L. 102–10, § 4(6),
Mar. 12, 1991, 105 Stat. 30, related to higher education
innovative projects for community service, prior to repeal by Pub. L. 103–82, § 103(b).
Section 12541, Pub. L. 101–610, title I, § 117, as added
Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat.
833, defined terms used in former subpart B.
Another prior section 12541, Pub. L. 101–610, title I,
§ 121, Nov. 16, 1990, 104 Stat. 3140, as amended, which
prescribed general authority of Commission to make
grants and transfer funds for youth corps programs,
was renumbered section 199A of Pub. L. 101–610 by Pub.
L. 103–82, § 101(a), and transferred to section 12655 of this
title.
Section 12542, Pub. L. 101–610, title I, § 117A, as added
Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat.
833, gave the Corporation grantmaking authority.
Another prior section 12542, Pub. L. 101–610, title I,
§ 122, Nov. 16, 1990, 104 Stat. 3140, as amended, which related to allocation of funds by Commission for conservation and youth corps programs, was renumbered
section 199B of Pub. L. 101–610 by Pub. L. 103–82, § 101(a),
and transferred to section 12655a of this title.
Section 12543, Pub. L. 101–610, title I, § 117B, as added
Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat.
834, set forth an application process for State grant eligibility.
Another prior section 12543, Pub. L. 101–610, title I,
§ 123, Nov. 16, 1990, 104 Stat. 3141, as amended, which related to applications for assistance by States, Indian
tribes and other local applicants, was renumbered section 199C of Pub. L. 101–610 by Pub. L. 103–82, § 101(a),
and transferred to section 12655b of this title.
Section 12544, Pub. L. 101–610, title I, § 117C, as added
Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat.

§ 12561

TITLE 42—THE PUBLIC HEALTH AND WELFARE

834, set forth an application process for local grant eligibility.
Another prior section 12544, Pub. L. 101–610, title I,
§ 124, Nov. 16, 1990, 104 Stat. 3143, as amended, which
prescribed appropriate focus for conservation and
youth service corps programs, was renumbered section
199D of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), and
transferred to section 12655c of this title.
Section 12545, Pub. L. 101–610, title I, § 117D, as added
Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat.
835, set forth application consideration criteria.
Another prior section 12545, Pub. L. 101–610, title I,
§ 125, Nov. 16, 1990, 104 Stat. 3144, which related to administration of related programs, was renumbered section 199E of Pub. L. 101–610 by Pub. L. 103–82, § 101(a),
and transferred to section 12655d of this title.
Section 12546, Pub. L. 101–610, title I, § 117E, as added
Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat.
836, related to Federal, State, and local contributions.
Another prior section 12546, Pub. L. 101–610, title I,
§ 126, Nov. 16, 1990, 104 Stat. 3144, which related to program activities on public or Indian lands, was renumbered section 199F of Pub. L. 101–610 by Pub. L. 103–82,
§ 101(a), and transferred to section 12655e of this title.
Section 12547, Pub. L. 101–610, title I, § 117F, as added
Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat.
836, placed limitations on uses of funds.
Another prior section 12547, Pub. L. 101–610, title I,
§ 127, Nov. 16, 1990, 104 Stat. 3145, which related to training and education services, was renumbered section
199G of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), and
transferred to section 12655f of this title.
A prior section 12548, Pub. L. 101–610, title I, § 128,
Nov. 16, 1990, 104 Stat. 3146, as amended, which related
to amount of award and matching requirement, was renumbered section 199H of Pub. L. 101–610 by Pub. L.
103–82, title I, § 101(a), Sept. 21, 1993, 107 Stat. 788, and
transferred to section 12655g of this title, prior to repeal by Pub. L. 103–82, § 101(e)(8)(A).
A prior section 12549, Pub. L. 101–610, title I, § 129,
Nov. 16, 1990, 104 Stat. 3146, which related to preference
for certain projects, was successively renumbered section 199I, then 199H, of Pub. L. 101–610 by Pub. L. 103–82,
§ 101(a), (e)(8)(B), and transferred to section 12655h of
this title.
A prior section 12550, Pub. L. 101–610, title I, § 130,
Nov. 16, 1990, 104 Stat. 3146, as amended, which related
to age and citizenship criteria for enrollment, was successively renumbered section 199J, then 199I, of Pub. L.
101–610 by Pub. L. 103–82, § 101(a), (e)(8)(B), and transferred to section 12655i of this title.
Section 12551, Pub. L. 101–610, title I, § 118, as added
Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat.
836, required the Corporation to provide funds for a
service-learning clearinghouse.
Another prior section 12551, Pub. L. 101–610, title I,
§ 131, Nov. 16, 1990, 104 Stat. 3147, which related to use
of volunteers in assisting program projects, was successively renumbered section 199K, then 199J, of Pub. L.
101–610 by Pub. L. 103–82, § 101(a), (e)(8)(B), and transferred to section 12655j of this title.
A prior section 12552, Pub. L. 101–610, title I, § 132,
Nov. 16, 1990, 104 Stat. 3147, which related to post-service benefits, was renumbered section 199L of Pub. L.
101–610 by Pub. L. 103–82, § 101(a), and transferred to section 12655k of this title, prior to repeal by Pub. L.
103–82, § 101(e)(8)(A).
A prior section 12553, Pub. L. 101–610, title I, § 133,
Nov. 16, 1990, 104 Stat. 3147, as amended, which related
to living allowance, was successively renumbered section 199M, then 199K, of Pub. L. 101–610 by Pub. L.
103–82, § 101(a), (e)(8)(B), and transferred to section
12655l of this title.
A prior section 12554, Pub. L. 101–610, title I, § 134,
Nov. 16, 1990, 104 Stat. 3148, which related to joint programs, was successively renumbered section 199N, then
199L, of Pub. L. 101–610 by Pub. L. 103–82, § 101(a),
(e)(8)(B), and transferred to section 12655m of this title.
A prior section 12555, Pub. L. 101–610, title I, § 135,
Nov. 16, 1990, 104 Stat. 3149, which related to Federal

Page 7820

and State employee status, was successively renumbered section 199O, then 199M, of Pub. L. 101–610 by Pub.
L. 103–82, § 101(a), (e)(8)(B), and transferred to section
12655n of this title.
A prior section 12556, Pub. L. 101–610, title I, § 136,
Nov. 16, 1990, 104 Stat. 3150, directed Commission on National and Community Service to promulgate regulations implementing American Conservation Youth
Corps program and established procedures for promulgation, prior to repeal by Pub. L. 102–10, § 5(7), Mar. 12,
1991, 105 Stat. 31.
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

PART II—HIGHER EDUCATION INNOVATIVE
PROGRAMS FOR COMMUNITY SERVICE
§ 12561. Higher education innovative programs
for community service
(a) Purpose
It is the purpose of this part to expand participation in community service by supporting innovative community service programs through
service-learning carried out through institutions of higher education, acting as civic institutions to meet the human, educational, environmental, or public safety needs of neighboring
communities.
(b) General authority
The Corporation, in consultation with the Secretary of Education, is authorized to make
grants to, and enter into contracts with, institutions of higher education (including a consortium of such institutions), and partnerships
comprised of such institutions and of other public or private nonprofit organizations, to pay for
the Federal share of the cost of—
(1) enabling such an institution or partnership to create or expand an organized community service program that—
(A) engenders a sense of social responsibility and commitment to the community in
which the institution is located;
(B) provides projects for participants, who
shall be students, faculty, administration, or
staff of the institution, or residents of the
community; and
(C) the institution or partnership may coordinate with service-learning curricula
being offered in the academic curricula at
the institution of higher education or at 1 or
more members of the partnership;
(2) supporting student-initiated and studentdesigned community service projects through
the program;
(3) strengthening the leadership and instructional capacity of institutions of higher education and their faculty, with respect to service-learning, by—
(A) including service-learning as a key
component of the preservice teacher curricula of the institution to strengthen the
instructional capacity of teachers to provide
service-learning at the elementary and secondary levels;
(B) including service-learning as a component of other curricula or academic programs (other than education curricula or

Page 7821

TITLE 42—THE PUBLIC HEALTH AND WELFARE

programs), such as curricula or programs relating to nursing, medicine, criminal justice,
or public policy; and
(C) encouraging the faculty of the institution to use service-learning methods
throughout their curriculum;
(4) facilitating the integration of community
service carried out under the program into
academic curricula, including integration of
clinical programs into the curriculum for students in professional schools, so that students
can obtain credit for their community service
projects;
(5) supplementing the funds available to
carry out work-study programs under part C
of title IV of the Higher Education Act of 1965
(42 U.S.C. 2751 et seq.) 1 to support servicelearning and community service through the
community service program;
(6) strengthening the service infrastructure
within institutions of higher education in the
United States through the program; and
(7) providing for the training of teachers,
prospective teachers, related education personnel, and community leaders in the skills
necessary to develop, supervise, and organize
service-learning.
(c) Federal, State, and local contributions
(1) Federal share
(A) In general
The Federal share of the cost of carrying
out a program for which assistance is provided under this part may not exceed 50 percent of the total cost of the program.
(B) Non-Federal contribution
In providing for the remaining share of the
cost of carrying out such a program, each recipient of a grant or contract under this
part—
(i) shall provide for such share through a
payment in cash or in kind, fairly evaluated, including facilities, equipment, or
services; and
(ii) may provide for such share through
State sources or local sources, including
private funds or donated services.
(2) Waiver
The Chief Executive Officer may waive the
requirements of paragraph (1) in whole or in
part with respect to any such program for any
fiscal year if the Corporation determines that
such a waiver would be equitable due to a lack
of available financial resources at the local
level.
(d) Application for grant
(1) Submission
To receive a grant or enter into a contract
under this part, an institution or partnership
shall prepare and submit to the Corporation,
an application at such time, in such manner,
and containing such information and assurances as the Corporation may reasonably require, and obtain approval of the application.
In requesting applications for assistance under
this part, the Corporation shall specify such
required information and assurances.
1 See

References in Text note below.

§ 12561

(2) Contents
An application submitted under paragraph
(1) shall contain, at a minimum—
(A) assurances that—
(i) prior to the placement of a participant, the applicant will consult with the
appropriate local labor organization, if
any, representing employees in the area
who are engaged in the same or similar
work as that proposed to be carried out by
such program, to prevent the displacement
and protect the rights of such employees;
and
(ii) the applicant will comply with the
nonduplication and nondisplacement provisions of section 12637 of this title and the
notice, hearing, and grievance procedures
required by section 12636 of this title; and
(B) such other assurances as the Chief Executive Officer may reasonably require.
(e) Special consideration
To the extent practicable, in making grants
and entering into contracts under subsection
(b), the Corporation shall give special consideration to applications submitted by, or applications from partnerships including, institutions
serving primarily low-income populations, including—
(1) Alaska Native-serving institutions;
(2) Asian American and Native American Pacific Islander-serving institutions;
(3) Hispanic-serving institutions;
(4) historically black colleges and universities;
(5) Native American-serving, nontribal institutions;
(6) Native Hawaiian-serving institutions;
(7) Predominantly black institutions;
(8) tribally controlled colleges and universities; and
(9) community colleges serving predominantly minority populations.
(f) Considerations
In making grants and entering into contracts
under subsection (b), the Corporation shall take
into consideration whether the applicants submit applications containing proposals that—
(1) demonstrate the commitment of the institution of higher education involved, other
than by demonstrating the commitment of the
students, to supporting the community service
projects carried out under the program;
(2) specify the manner in which the institution will promote faculty, administration, and
staff participation in the community service
projects;
(3) specify the manner in which the institution will provide service to the community
through organized programs, including, where
appropriate, clinical programs for students in
professional schools and colleges;
(4) describe any partnership that will participate in the community service projects,
such as a partnership comprised of—
(A) the institution;
(B)(i) a community-based agency;
(ii) a local government agency; or
(iii) a nonprofit entity that serves or involves school-age youth, older adults, or
low-income communities; and

§ 12561a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(C)(i) a student organization;
(ii) a department of the institution; or
(iii) a group of faculty comprised of different departments, schools, or colleges at
the institution;
(5) demonstrate community involvement in
the development of the proposal and the extent to which the proposal will contribute to
the goals of the involved community members;
(6) demonstrate a commitment to perform
community service projects in underserved
urban and rural communities;
(7) describe research on effective strategies
and methods to improve service utilized in the
design of the projects;
(8) specify that the institution or partnership will use the assistance provided through
the grant or contract to strengthen the service
infrastructure in institutions of higher education;
(9) with respect to projects involving delivery of services, specify projects that involve
leadership development of school-age youth;
or
(10) describe the needs that the proposed
projects are designed to address, such as housing, economic development, infrastructure,
health care, job training, education, crime
prevention, urban planning, transportation,
information technology, or child welfare.
(g) Federal work-study
To be eligible for assistance under this part,
an institution of higher education shall demonstrate that it meets the minimum requirements under section 443(b)(2)(A) of the Higher
Education Act of 1965 (42 U.S.C. 2753(b)(2)(A)) 1
relating to the participation of students employed under part C of title IV of the Higher
Education Act of 1965 (42 U.S.C. 2751 et seq.) 1 (relating to Federal Work-Study 2 programs) in
community service activities, or has received a
waiver of those requirements from the Secretary
of Education.
(h) Definition
Notwithstanding section 12511 of this title, as
used in this part, the term ‘‘student’’ means an
individual who is enrolled in an institution of
higher education on a full- or part-time basis.
(i) National service educational award
A participant in a program funded under this
part shall be eligible for the national service
educational award described in division D, if the
participant served in an approved national service position.
(Pub. L. 101–610, title I, § 118,
added Pub. L. 103–82, title I,
1993, 107 Stat. 837; renumbered
Pub. L. 111–13, title I, § 1202,
Stat. 1474.)

formerly § 119, as
§ 103(b), Sept. 21,
§ 118 and amended
Apr. 21, 2009, 123

REFERENCES IN TEXT
The Higher Education Act of 1965, referred to in subsecs. (b)(5) and (g), is Pub. L. 89–329, Nov. 8, 1965, 79
Stat. 1219. Part C of title IV of the Act was formerly
classified generally to part C (§ 2751 et seq.) of subchapter I of chapter 34 of this title prior to transfer to
part C (§ 1087–51 et seq.) of subchapter IV of chapter 28
2 So

in original. Probably should not be capitalized.

Page 7822

of Title 20, Education. Section 443 of the Act was transferred from section 2753 of this title to section 1087–53
of Title 20. For complete classification of this Act to
the Code, see Short Title note set out under section
1001 of Title 20 and Tables.
PRIOR PROVISIONS
A prior section 118 of Pub. L. 101–610 was classified to
section 12551 of this title prior to the general amendment of part I of this division by Pub. L. 111–13.
Another prior section 118 of Pub. L. 101–610 was classified to section 12531 of this title prior to repeal by Pub.
L. 103–82.
AMENDMENTS
2009—Subsec. (a). Pub. L. 111–13, § 1202(b)(1), inserted
‘‘through service-learning’’ after ‘‘community service
programs’’.
Subsec. (b). Pub. L. 111–13, § 1202(b)(2)(A), substituted
‘‘consortium’’ for ‘‘combination’’ in introductory provisions.
Subsec. (b)(1)(C). Pub. L. 111–13, § 1202(b)(2)(B), added
subpar. (C).
Subsec. (b)(3). Pub. L. 111–13, § 1202(b)(2)(C)(i), substituted ‘‘institutions of higher education and their
faculty’’ for ‘‘teachers at the elementary, secondary,
and postsecondary levels’’ in introductory provisions.
Subsec. (b)(3)(A). Pub. L. 111–13, § 1202(b)(2)(C)(ii), substituted ‘‘curricula of the institution to strengthen the
instructional capacity of teachers to provide servicelearning at the elementary and secondary levels;’’ for
‘‘education of the institution; and’’.
Subsec. (b)(3)(B), (C). Pub. L. 111–13, § 1202(b)(2)(C)(iii),
(iv), added subpar. (B) and redesignated former subpar.
(B) as (C).
Subsecs. (c) to (i). Pub. L. 111–13, § 1202(b)(3)–(5), added
subsecs. (c) to (h), redesignated former subsec. (f) as (i),
and struck out former subsecs. (c), (d), (e), and (g)
which related to Federal share of the cost, grant application, applicant priority, and definition of ‘‘student’’,
respectively.
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
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.

§ 12561a. Campuses of Service
(a) In general
The Corporation, after consultation with the
Secretary of Education, may annually designate
not more than 25 institutions of higher education as Campuses of Service, from among institutions nominated by State Commissions.
(b) Applications for nomination
(1) In general
To be eligible for a nomination to receive
designation under subsection (a), and have an
opportunity to apply for funds under subsection (d) for a fiscal year, an institution of
higher education in a State shall submit an
application to the State Commission at such
time, in such manner, and containing such information as the State Commission may require.
(2) Contents
At a minimum, the application shall include
information specifying—

Page 7823

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(A)(i) the number of undergraduate and, if
applicable, graduate service-learning courses
offered at such institution for the most recent full academic year preceding the fiscal
year for which designation is sought; and
(ii) the number and percentage of undergraduate students and, if applicable, the
number and percentage of graduate students
at such institution who were enrolled in the
corresponding courses described in clause (i),
for such preceding academic year;
(B) the percentage of undergraduate students engaging in and, if applicable, the percentage of graduate students engaging in activities providing community services, as defined in section 441(c) of the Higher Education Act of 1965 (42 U.S.C. 2751(c)),1 during
such preceding academic year, the quality of
such activities, and the average amount of
time spent, per student, engaged in such activities;
(C) for such preceding academic year, the
percentage of Federal work-study funds
made available to the institution under part
C of title IV of the Higher Education Act of
1965 (42 U.S.C. 2751 et seq.) 1 that is used to
compensate students employed in providing
community services, as so defined, and a description of the efforts the institution undertakes to make available to students opportunities to provide such community services and be compensated through such workstudy funds;
(D) at the discretion of the institution, information demonstrating the degree to
which recent graduates of the institution,
and all graduates of the institution, have obtained full-time public service employment
in the nonprofit sector or government, with
a private nonprofit organization or a Federal, State, or local public agency; and
(E) any programs the institution has in
place to encourage or assist graduates of the
institution to pursue careers in public service in the nonprofit sector or government.
(c) Nominations and designation
(1) Nomination
(A) In general
A State Commission that receives applications from institutions of higher education
under subsection (b) may nominate, for designation under subsection (a), not more than
3 such institutions of higher education, consisting of—
(i) not more than one 4-year public institution of higher education;
(ii) not more than one 4-year private institution of higher education; and
(iii) not more than one 2-year institution
of higher education.
(B) Submission
The State Commission shall submit to the
Corporation the name and application of
each institution nominated by the State
Commission under subparagraph (A).
(2) Designation
The Corporation shall designate, under subsection (a), not more than 25 institutions of
1 See

References in Text note below.

§ 12563

higher education from among the institutions
nominated under paragraph (1). In making the
designations, the Corporation shall, if feasible,
designate various types of institutions, including institutions from each of the categories of
institutions described in clauses (i), (ii), and
(iii) of paragraph (1)(A).
(d) Awards
(1) In general
Using
sums
reserved
under
section
12681(a)(1)(C) of this title for Campuses of
Service, the Corporation shall provide an
award of funds to institutions designated
under subsection (c), to be used by the institutions to develop or disseminate service-learning models and information on best practices
regarding service-learning to other institutions of higher education.
(2) Plan
To be eligible to receive funds under this
subsection, an institution designated under
subsection (c) shall submit a plan to the Corporation describing how the institution intends to use the funds to develop or disseminate service-learning models and information
on best practices regarding service-learning to
other institutions of higher education.
(3) Allocation
The Corporation shall determine how the
funds reserved under section 12681(a)(1)(C) of
this title for Campuses of Service for a fiscal
year will be allocated among the institutions
submitting acceptable plans under paragraph
(2). In determining the amount of funds to be
allocated to such an institution, the Corporation shall consider the number of students at
the institution, the quality and scope of the
plan submitted by the institution under paragraph (2), and the institution’s current (as of
the date of submission of the plan) strategies
to encourage or assist students to pursue public service careers in the nonprofit sector or
government.
(Pub. L. 101–610, title I, § 118A, as added Pub. L.
111–13, title I, § 1203, Apr. 21, 2009, 123 Stat. 1477.)
REFERENCES IN TEXT
The Higher Education Act of 1965, referred to in subsec. (b)(2)(C), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219.
Part C of title IV of the Act was formerly classified
generally to part C (§ 2751 et seq.) of subchapter I of
chapter 34 of this title prior to transfer to part C
(§ 1087–51 et seq.) of subchapter IV of chapter 28 of Title
20, Education. Section 441 of the Act was transferred
from section 2751 of this title to section 1087–51 of Title
20. For complete classification of this Act to the Code,
see Short Title note set out under section 1001 of Title
20 and Tables.
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

PART III—INNOVATIVE AND COMMUNITY-BASED
SERVICE-LEARNING PROGRAMS AND RESEARCH
§ 12563. Innovative and community-based service-learning programs and research
(a) Definitions
In this part:

§ 12563

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(1) Eligible entity
The term ‘‘eligible entity’’ means a State
educational agency, a State Commission, a
territory, an Indian tribe, an institution of
higher education, or a public or private nonprofit organization (including communitybased entities), a public or private elementary
school or secondary school, a local educational
agency, a consortium of such entities, or a
consortium of 2 or more such entities and a
for-profit organization.
(2) Eligible partnership
The term ‘‘eligible partnership’’ means a
partnership that—
(A) shall include—
(i) 1 or more community-based entities
that have demonstrated records of success
in carrying out service-learning programs
with economically disadvantaged students,
and that meet such criteria as the Chief
Executive Officer may establish; and
(ii) a local educational agency for
which—
(I) a high number or percentage, as determined by the Corporation, of the students served by the agency are economically disadvantaged students; and
(II) the four-year adjusted cohort graduation rate (as defined in section 7801 of
title 20) for the secondary school students served by the agency is less than 70
percent; and
(B) may also include—
(i) a local government agency that is not
described in subparagraph (A);
(ii) the office of the chief executive officer of a unit of general local government;
(iii) an institution of higher education;
(iv) a State Commission or State educational agency; or
(v) more than 1 local educational agency
described in subclause (I).1
(3) Youth engagement zone
The term ‘‘youth engagement zone’’ means
the area in which a youth engagement zone
program is carried out.
(4) Youth engagement zone program
The term ‘‘youth engagement zone program’’
means a service-learning program in which
members of an eligible partnership collaborate
to provide coordinated school-based or community-based service-learning opportunities—
(A) in order to address a specific community challenge;
(B) for an increasing percentage of out-ofschool youth and secondary school students
served by a local educational agency; and
(C) in circumstances under which—
(i) not less than 90 percent of such students participate in service-learning activities as part of the program; or
(ii) service-learning is a part of the curriculum in all of the secondary schools
served by the local educational agency.
(b) General authority
From the amounts appropriated to carry out
this part for a fiscal year, the Corporation may
1 So

in original. Clause (v) does not contain subclauses.

Page 7824

make grants (which may include approved summer of service positions in the case of a grant
for a program described in subsection (c)(8)) and
fixed-amount grants (in accordance with section
12581(l) of this title) to eligible entities or eligible partnerships, as appropriate, for programs
and activities described in subsection (c).
(c) Authorized activities
Funds under this part may be used to—
(1) integrate service-learning programs into
the science, technology, engineering, and
mathematics (referred to in this part as
‘‘STEM’’) curricula at the elementary, secondary, postsecondary, or postbaccalaureate
levels in coordination with practicing or retired STEM professionals;
(2) involve students in service-learning programs focusing on energy conservation in
their community, including conducting educational outreach on energy conservation and
working to improve energy efficiency in lowincome housing and in public spaces;
(3) involve students in service-learning programs in emergency and disaster preparedness;
(4) involve students in service-learning programs aimed at improving access to and obtaining the benefits from computers and other
emerging technologies, including improving
such access for individuals with disabilities, in
low-income or rural communities, in senior
centers and communities, in schools, in libraries, and in other public spaces;
(5) involve high school age youth in the mentoring of middle school youth while involving
all participants in service-learning to seek to
meet unmet human, educational, environmental, public safety, or emergency and disaster preparedness needs in their community;
(6) conduct research and evaluations on service-learning, including service-learning in
middle schools, and disseminate such research
and evaluations widely;
(7) conduct innovative and creative activities as described in section 12523(a) of this
title;
(8) establish or implement summer of service
programs (giving priority to programs that enroll youth who will be enrolled in any of
grades 6 through 9 at the end of the summer
concerned) during the summer months (including recruiting, training, and placing servicelearning coordinators)—
(A) for youth who will be enrolled in any of
grades 6 through 12 at the end of the summer
concerned; and
(B) for community-based service-learning
projects—
(i) that shall—
(I) meet unmet human, educational,
environmental (including energy conservation and stewardship), and emergency and disaster preparedness and
other public safety needs; and
(II) be intensive, structured, supervised, and designed to produce identifiable improvements to the community;
(ii) that may include the extension of
academic year service-learning programs
into the summer months; and

Page 7825

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(iii) under which a student who completes 100 hours of service as described in
section 12602(b)(2) of this title,2 shall be eligible for a summer of service educational
award of $500 or $750 as described in sections 12602(a)(2)(C) and 12603(d) of this
title;
(9) establish or implement youth engagement zone programs in youth engagement
zones, for students in secondary schools served
by local educational agencies for which a majority of such students do not participate in
service-learning activities that are—
(A) carried out by eligible partnerships;
and
(B) designed to—
(i) involve all students in secondary
schools served by the local educational
agency in service-learning to address a
specific community challenge;
(ii) improve student engagement, including student attendance and student behavior, and student achievement, graduation
rates, and college-going rates at secondary
schools; and
(iii) involve an increasing percentage of
students in secondary school and out-ofschool youth in the community in schoolbased or community-based service-learning activities each year, with the goal of
involving all students in secondary schools
served by the local educational agency and
involving an increasing percentage of the
out-of-school youth in service-learning activities; and
(10) conduct semester of service programs
that—
(A) provide opportunities for secondary
school students to participate in a semester
of coordinated school-based or communitybased service-learning opportunities for a
minimum of 70 hours (of which at least a
third will be spent participating in fieldbased activities) over a semester, to address
specific community challenges;
(B) engage as participants high percentages or numbers of economically disadvantaged students;
(C) allow participants to receive academic
credit, for the time spent in the classroom
and in the field for the program, that is
equivalent to the academic credit for any
class of equivalent length and with an equivalent time commitment; and
(D) ensure that the classroom-based instruction component of the program is integrated into the academic program of the
local educational agency involved; and
(11) carry out any other innovative servicelearning programs or research that the Corporation considers appropriate.
(d) Applications
To be eligible to receive a grant to carry out
a program or activity under this part, an entity
or partnership, as appropriate, shall prepare and
submit to the Corporation an application at
such time and in such manner as the Chief Exec2 So

in original. Comma probably should not appear.

§ 12563

utive Officer may reasonably require, and obtain
approval of the application.
(e) Priority
In making grants under this part, the Corporation shall give priority to applicants proposing
to—
(1) involve students and community stakeholders in the design and implementation of
service-learning programs carried out using
funds received under this part;
(2) implement service-learning programs in
low-income or rural communities; and
(3) utilize adult volunteers, including tapping the resources of retired and retiring
adults, in the planning and implementation of
service-learning programs.
(f) Requirements
(1) Term
Each program or activity funded under this
part shall be carried out over a period of 3
years, which may include 1 planning year. In
the case of a program funded under this part,
the 3-year period may be extended by 1 year, if
the program meets performance levels established in accordance with section 12639(k) of
this title and any other criteria determined by
the Corporation.
(2) Collaboration encouraged
Each entity carrying out a program or activity funded under this part shall, to the extent
practicable, collaborate with entities carrying
out programs under this division, division C,
and titles I and II of the Domestic Volunteer
Service Act of 1973 (42 U.S.C. 4951 et seq., 5001
et seq.).
(3) Evaluation
Not later than 4 years after the effective
date of the Serve America Act, the Corporation shall conduct an independent evaluation
of the programs and activities carried out
using funds made available under this part,
and determine best practices relating to service-learning and recommendations for improvement of those programs and activities.
The Corporation shall widely disseminate the
results of the evaluations, and information on
the best practices and recommendations to the
service community through multiple channels,
including the Corporation’s Resource Center
or a clearinghouse of effective strategies.
(Pub. L. 101–610, title I, § 119, as added Pub. L.
111–13, title I, § 1204, Apr. 21, 2009, 123 Stat. 1479;
amended Pub. L. 114–95, title IX, § 9215(bbb)(3),
Dec. 10, 2015, 129 Stat. 2185.)
REFERENCES IN TEXT
The Domestic Volunteer Service Act of 1973, referred
to in subsec. (f)(2), is Pub. L. 93–113, Oct. 1, 1973, 87 Stat.
394. Titles I and II of the Act are classified generally to
subchapters I (§ 4951 et seq.) and II (§ 5000 et seq.), respectively, of chapter 66 of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 4950 of this title and Tables.
For the effective date of the Serve America Act, referred to in subsec. (f)(3), as Oct. 1, 2009, see section
6101(a) of Pub. L. 111–13, set out as an Effective Date of
2009 Amendment note under section 4950 of this title.
PRIOR PROVISIONS
A prior section 119 of Pub. L. 101–610 was renumbered
section 118 and is classified to section 12561 of this title.

§ 12565

TITLE 42—THE PUBLIC HEALTH AND WELFARE
AMENDMENTS

2015—Subsec. (a)(2)(A)(ii)(II). Pub. L. 114–95 substituted ‘‘the four-year adjusted cohort graduation rate
(as defined in section 7801 of title 20)’’ for ‘‘the graduation rate (as defined in section 6311(b)(2)(C)(vi) of title
20 and as clarified in applicable regulations promulgated by the Department of Education’’.
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of Title
20, Education.
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

PART IV—REPEALED
Part related to service-learning impact study, prior
to repeal by Pub. L. 113–188, title III, § 301(a), Nov. 26,
2014, 128 Stat. 2018.

§ 12565. Repealed. Pub. L. 113–188, title III,
§ 301(a), Nov. 26, 2014, 128 Stat. 2018
Section, Pub. L. 101–610, title I, § 120, as added Pub. L.
111–13, title I, § 1205, Apr. 21, 2009, 123 Stat. 1483, provided for a 10-year longitudinal study and reports on
the impact of the activities carried out under this division.

Division C—National Service Trust Program
PRIOR PROVISIONS
This division is comprised of subtitle C, §§ 121–141, of
title I of Pub. L. 101–610. A prior part C (§ 12541 et seq.),
comprised of subtitle C, §§ 120–135, of title I of Pub. L.
101–610 was renumbered subtitle I, §§ 199A–199O, of title
I of Pub. L. 101–610 by Pub. L. 103–82, title I, § 101(a),
Sept. 21, 1993, 107 Stat. 788, and transferred to division
I of this subchapter.

PART I—INVESTMENT IN NATIONAL SERVICE
§ 12571. Authority to provide assistance and approved national service positions
(a) Provision of assistance
Subject to the availability of appropriations
for this purpose, the Corporation for National
and Community Service may make grants to
States, subdivisions of States, territories, Indian tribes, public or private nonprofit organizations, and institutions of higher education for
the purpose of assisting the recipients of the
grants—
(1) to carry out full- or part-time national
service programs, including summer programs,
described in subsection (a), (b), or (c) of section 12572 of this title; and
(2) to make grants in support of other national service programs described in subsection (a), (b), or (c) of section 12572 of this
title that are carried out by other entities.
(b) Restrictions on agreements with Federal
agencies
(1) Agreements authorized
The Corporation may enter into an interagency agreement (other than a grant agreement) with another Federal agency to support
a national service program carried out or oth-

Page 7826

erwise supported by the agency. The Corporation, in entering into the interagency agreement may approve positions as approved national service positions for a program carried
out or otherwise supported by the agency.
(2) Prohibition on grants
The Corporation may not provide a grant
under this section to a Federal agency.
(3) Consultation with State Commissions
A Federal agency carrying out or supporting
a national service program shall consult with
the State Commissions for those States in
which projects will be conducted through that
program in order to ensure that the projects
do not duplicate projects conducted by State
or local national service programs.
(4) Support for other national service programs
A Federal agency that enters into an interagency agreement under paragraph (1) shall,
in an appropriate case, enter into a contract
or cooperative agreement with an entity that
is carrying out a national service program in
a State that is in existence in the State as of
the date of the contract or cooperative agreement and is of high quality, in order to support the national service program.
(5) Application of requirements
A requirement under this chapter that applies to an entity receiving assistance under
this section (other than a requirement limited
to an entity receiving assistance under subsection (a)) shall be considered to apply to a
Federal agency that enters into an interagency agreement under this subsection, even
though no Federal agency may receive financial assistance under such an agreement.
(c) Provision of approved national service positions
As part of the provision of assistance under
subsection (a), and in providing approved national service positions under subsection (b), the
Corporation shall—
(1) approve the provision of national service
educational awards described in division D for
the participants who serve in national service
programs carried out using such assistance;
and
(2) deposit in the National Service Trust established in section 12601(a) of this title an
amount equal to the product of—
(A) the value of a national service educational award under section 12603 of this
title; and
(B) the total number of approved national
service positions to be provided or otherwise
approved.
(d) Five percent limitation on administrative
costs
(1) Limitation
Not more than 5 percent of the amount of assistance provided to the original recipient of a
grant or transfer of assistance under subsection (a) for a fiscal year may be used to pay
for administrative costs incurred by—
(A) the recipient of the assistance; and
(B) national service programs carried out
or supported with the assistance.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(2) Rules on use
The Corporation may by rule prescribe the
manner and extent to which—
(A) assistance provided under subsection
(a) may be used to cover administrative
costs; and
(B) that portion of the assistance available
to cover administrative costs should be distributed between—
(i) the original recipient of the grant or
transfer of assistance under such subsection; and
(ii) national service programs carried
out or supported with the assistance.
(e) Matching funds requirements
(1) Requirements
Except as provided in section 12594 of this
title, the Corporation share of the cost (including the costs of member living allowances,
employment-related taxes, health care coverage, and workers’ compensation and other
necessary operation costs) of carrying out a
national service program that receives the assistance under subsection (a), whether the assistance is provided directly or as a subgrant
from the original recipient of the assistance,
may not exceed 75 percent of such cost.
(2) Calculation
In providing for the remaining share of the
cost of carrying out a national service program, the program—
(A) shall provide for such share through a
payment in cash or in kind, fairly evaluated,
including facilities, equipment, or services;
and
(B) may provide for such share through
State sources, local sources, or other Federal sources (other than the use of funds
made available under the national service
laws).
(3) Cost of health care
In providing a payment in cash under paragraph (2)(A) as part of providing for the remaining share of the cost of carrying out a national service program, the program may
count not more than 85 percent of the cost of
providing a health care policy described in section 12594(d)(2) of this title toward such share.
(4) Waiver
The Corporation may waive in whole or in
part the requirements of paragraph (1) with respect to a national service program in any fiscal year if the Corporation determines that
such a waiver would be equitable due to a lack
of available financial resources at the local
level.
(5) Other Federal funds
(A) Recipient report
A recipient of assistance under this section (other than a recipient of assistance
through a fixed-amount grant in accordance
with section 12581(l) of this title) shall report
to the Corporation the amount and source of
any Federal funds used to carry out the program for which the assistance is made available other than those provided by the Corporation.

§ 12571

(B) Corporation report
The Corporation shall report to the authorizing committees on an annual basis information regarding each recipient of such
assistance that uses Federal funds other
than those provided by the Corporation to
carry out such a program, including the
amounts and sources of the other Federal
funds.
(f) Plan for approved national service positions
The Corporation shall—
(1) develop a plan to—
(A) establish the number of the approved
national service positions as 88,000 for fiscal
year 2010;
(B) increase the number of the approved
positions to—
(i) 115,000 for fiscal year 2011;
(ii) 140,000 for fiscal year 2012;
(iii) 170,000 for fiscal year 2013;
(iv) 200,000 for fiscal year 2014;
(v) 210,000 for fiscal year 2015;
(vi) 235,000 for fiscal year 2016; and
(vii) 250,000 for fiscal year 2017;
(C) ensure that the increases described in
subparagraph (B) are achieved through an
appropriate balance of full- and part-time
service positions;
(2) not later than 1 year after April 21, 2009,
submit a report to the authorizing committees
on the status of the plan described in paragraph (1); and
(3) subject to the availability of appropriations and quality service opportunities, implement the plan described in paragraph (1).
(Pub. L. 101–610, title I, § 121, as added Pub. L.
103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 788;
amended Pub. L. 111–13, title I, § 1301, Apr. 21,
2009, 123 Stat. 1484.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b)(5), was in the
original ‘‘this Act’’, meaning Pub. L. 101–610, Nov. 16,
1990, 104 Stat. 3127, 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.
PRIOR PROVISIONS
A prior section 12571, Pub. L. 101–610, title I, § 141,
Nov. 16, 1990, 104 Stat. 3150, related to general authority
to make grants for national and community service
programs, prior to the general amendment of subtitle D
of title I of Pub. L. 101–610 [formerly part D of this subchapter] by Pub. L. 103–82, § 102(a).
A prior section 121 of Pub. L. 101–610 was renumbered
section 199A, and is classified to section 12655 of this
title.
AMENDMENTS
2009—Subsec. (a). Pub. L. 111–13, § 1301(1)(A), inserted
‘‘territories,’’ after ‘‘subdivisions of States,’’ in introductory provisions.
Subsec. (a)(1), (2). Pub. L. 111–13, § 1301(1)(B), substituted ‘‘subsection (a), (b), or (c) of section 12572’’ for
‘‘section 12572(a)’’.
Subsec. (b). Pub. L. 111–13, § 1301(2)(A), substituted
‘‘Restrictions on agreements with Federal agencies’’
for ‘‘Agreements with Federal agencies’’ in heading.
Subsec. (b)(1). Pub. L. 111–13, § 1301(2)(B), added par.
(1) and struck out former par. (1). Prior to amendment,
text read as follows: ‘‘The Corporation may enter into

§ 12572

TITLE 42—THE PUBLIC HEALTH AND WELFARE

a contract or cooperative agreement with another Federal agency to support a national service program carried out by the agency. The support provided by the
Corporation pursuant to the contract or cooperative
agreement may include the transfer to the Federal
agency of funds available to the Corporation under this
division.’’
Subsec. (b)(2). Pub. L. 111–13, § 1301(2)(C), added par.
(2) and struck out former par. (2). Prior to amendment,
text read as follows: ‘‘A Federal agency receiving assistance under this subsection shall not be required to
satisfy the matching funds requirements specified in
subsection (e) of this section. However, the supplementation requirements specified in section 12633 of this
title shall apply with respect to the Federal national
service programs supported with such assistance.’’
Subsec. (b)(3). Pub. L. 111–13, § 1301(2)(D), substituted
‘‘carrying out or supporting a national service program’’ for ‘‘receiving assistance under this subsection’’
and ‘‘through that program’’ for ‘‘using such assistance’’.
Subsec. (b)(4). Pub. L. 111–13, § 1301(2)(E), substituted
‘‘an interagency agreement’’ for ‘‘a contract or cooperative agreement’’ the first place it appeared.
Subsec. (b)(5). Pub. L. 111–13, § 1301(2)(F), added par.
(5).
Subsec. (c). Pub. L. 111–13, § 1301(3)(A), substituted
‘‘subsection (a), and in providing approved national
service positions under subsection (b),’’ for ‘‘subsections (a) and (b) of this section,’’ in introductory
provisions.
Subsec. (c)(2)(B). Pub. L. 111–13, § 1301(3)(B), substituted ‘‘to be provided or otherwise approved’’ for ‘‘to
be provided’’.
Subsec. (d)(1), (2)(A). Pub. L. 111–13, § 1301(4), struck
out ‘‘or (b) of this section’’ after ‘‘subsection (a)’’ in introductory provisions of par. (1) and in par. (2)(A).
Subsec. (e)(1). Pub. L. 111–13, § 1301(5)(A), substituted
‘‘Corporation share of the cost (including the costs of
member living allowances, employment-related taxes,
health care coverage, and workers’ compensation and
other necessary operation costs)’’ for ‘‘Federal share of
the cost’’.
Subsec. (e)(5). Pub. L. 111–13, § 1301(5)(B), added par.
(5).
Subsec. (f). Pub. L. 111–13, § 1301(6), added subsec. (f).
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
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.
OVERALL MINIMUM SHARE REQUIREMENT
Pub. L. 116–260, div. H, title IV, § 402, Dec. 27, 2020, 134
Stat. 1614, provided that: ‘‘AmeriCorps programs receiving grants under the National Service Trust program shall meet an overall minimum share requirement of 24 percent for the first 3 years that they receive AmeriCorps funding, and thereafter shall meet
the overall minimum share requirement as provided in
section 2521.60 of title 45, Code of Federal Regulations,
without regard to the operating costs match requirement in section 121(e) [42 U.S.C. 12571(e)] or the member
support Federal share limitations in section 140 of the
1990 Act [National and Community Service Act of 1990,
42 U.S.C. 12594], and subject to partial waiver consistent with section 2521.70 of title 45, Code of Federal
Regulations.’’
Similar provisions were contained in the following
prior appropriation acts:
Pub. L. 116–94, div. A, title IV, § 402, Dec. 20, 2019, 133
Stat. 2599.
Pub. L. 115–245, div. B, title IV, § 402, Sept. 28, 2018, 132
Stat. 3110.

Page 7828

Pub. L. 115–141, div. H, title IV, § 402, Mar. 23, 2018,
Stat. 756.
Pub. L. 115–31, div. H, title IV, § 402, May 5, 2017,
Stat. 555.
Pub. L. 114–113, div. H, title IV, § 404, Dec. 18, 2015,
Stat. 2642.
Pub. L. 113–235, div. G, title IV, § 402, Dec. 16, 2014,
Stat. 2508.
Pub. L. 113–76, div. H, title IV, § 402, Jan. 17, 2014,
Stat. 402.
Pub. L. 112–74, div. F, title IV, § 402, Dec. 23, 2011,
Stat. 1105.
Pub. L. 111–117, div. D, title IV, § 402, Dec. 16, 2009,
Stat. 3273.
Pub. L. 111–8, div. F, title IV, § 407, Mar. 11, 2009,
Stat. 795.
Pub. L. 110–161, div. G, title IV, § 407, Dec. 26, 2007,
Stat. 2202.

132
131
129
128
128
125
123
123
121

§ 12572. National service programs eligible for
program assistance
(a) National service corps
The recipient of a grant under section 12571(a)
of this title and a Federal agency operating or
supporting a national service program under
section 12571(b) of this title shall use a portion
of the financial assistance or positions involved,
directly or through subgrants to other entities,
to support or carry out the following national
service corps or programs, as full- or part-time
corps or programs, to address unmet needs:
(1) Education Corps
(A) In general
The recipient may carry out national service programs through an Education Corps
that identifies and meets unmet educational
needs within communities through activities
such as those described in subparagraph (B)
and improves performance on the indicators
described in subparagraph (C).
(B) Activities
An Education Corps described in this paragraph may carry out activities such as—
(i) tutoring, or providing other academic
support to elementary school and secondary school students;
(ii) improving school climate;
(iii) mentoring students, including adult
or peer mentoring;
(iv) linking needed integrated services
and comprehensive supports with students,
their families, and their public schools;
(v) providing assistance to a school in
expanding the school day by strengthening
the quality of staff and expanding the academic programming offered in an expanded
learning time initiative, a program of a
21st century community learning center
(as defined in section 7171 of title 20), or a
high-quality after-school program;
(vi) assisting schools and local educational agencies in improving and expanding high-quality service-learning programs that keep students engaged in
schools by carrying out programs that provide specialized training to individuals in
service-learning, and place the individuals
(after such training) in positions as service-learning coordinators, to facilitate
service-learning in programs eligible for
funding under part I of division B;

Page 7829

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(vii) assisting students in being prepared
for college-level work;
(viii) involving family members of students in supporting teachers and students;
(ix) conducting a preprofessional training program in which students enrolled in
an institution of higher education—
(I) receive training (which may include
classes containing service-learning) in
specified fields including early childhood
education and care, elementary and secondary education, and other fields such
as those relating to health services,
criminal justice, environmental stewardship and conservation, or public safety;
(II) perform service related to such
training outside the classroom during
the school term and during summer or
other vacation periods; and
(III) agree to provide service upon
graduation to meet unmet human, educational, environmental, or public safety
needs related to such training;
(x) assisting economically disadvantaged
students in navigating the college admissions process;
(xi) providing other activities, addressing unmet educational needs, that the Corporation may designate; or
(xii) providing skilled musicians and artists to promote greater community unity
through the use of music and arts education and engagement through work in
low-income communities, and education,
health care, and therapeutic settings, and
other work in the public domain with citizens of all ages.
(C) Education Corps indicators
The indicators for a corps program described in this paragraph are—
(i) student engagement, including student attendance and student behavior;
(ii) student academic achievement;
(iii) four-year adjusted cohort graduation rate (as defined in section 7801 of title
20);
(iv) rate of college enrollment and continued college enrollment for recipients of
a high school diploma;
(v) any additional indicator relating to
improving education for students that the
Corporation, in consultation (as appropriate) with the Secretary of Education,
establishes; or
(vi) any additional local indicator (applicable to a particular recipient and on
which an improvement in performance is
needed) relating to improving education
for students, that is approved by the Corporation or a State Commission.
(2) Healthy Futures Corps
(A) In general
The recipient may carry out national service programs through a Healthy Futures
Corps that identifies and meets unmet
health needs within communities through
activities such as those described in subparagraph (B) and improves performance on
the indicators described in subparagraph (C).

§ 12572

(B) Activities
A Healthy Futures Corps described in this
paragraph may carry out activities such as—
(i) assisting economically disadvantaged
individuals in navigating the health services system;
(ii) assisting individuals in obtaining access to health services, including oral
health services, for themselves or their
children;
(iii) educating economically disadvantaged individuals and individuals who are
members of medically underserved populations about, and engaging individuals described in this clause in, initiatives regarding navigating the health services system and regarding disease prevention and
health promotion, with a particular focus
on common health conditions, chronic diseases, and conditions, for which disease
prevention and health promotion measures
exist and for which socioeconomic, geographic, and racial and ethnic health disparities exist;
(iv) improving the literacy of patients
regarding health, including oral health;
(v) providing translation services at clinics and in emergency rooms to improve
health services;
(vi) providing services designed to meet
the health needs of rural communities, including the recruitment of youth to work
in health professions in such communities;
(vii) assisting in health promotion interventions that improve health status, and
helping people adopt and maintain healthy
lifestyles and habits to improve health
status;
(viii)
addressing
childhood
obesity
through in-school and after-school physical activities, and providing nutrition
education to students, in elementary
schools and secondary schools; or
(ix) providing activities, addressing
unmet health needs, that the Corporation
may designate.
(C) Healthy Futures Corps indicators
The indicators for a corps program described in this paragraph are—
(i) access to health services among economically disadvantaged individuals and
individuals who are members of medically
underserved populations;
(ii) access to health services for uninsured individuals, including such individuals who are economically disadvantaged
children;
(iii) participation, among economically
disadvantaged individuals and individuals
who are members of medically underserved
populations, in disease prevention and
health promotion initiatives, particularly
those with a focus on addressing common
health conditions, addressing chronic diseases, and decreasing health disparities;
(iv) literacy of patients regarding health;
(v) any additional indicator, relating to
improving or protecting the health of economically disadvantaged individuals and
individuals who are members of medically

§ 12572

TITLE 42—THE PUBLIC HEALTH AND WELFARE

underserved populations, that the Corporation, in consultation (as appropriate) with
the Secretary of Health and Human Services and the Director of the Centers for
Disease Control and Prevention, establishes; or
(vi) any additional local indicator (applicable to a particular recipient and on
which an improvement in performance is
needed) relating to improving or protecting the health of economically disadvantaged individuals and individuals
who are members of medically underserved
populations, that is approved by the Corporation or a State Commission.
(3) Clean Energy Service Corps
(A) In general
The recipient may carry out national service projects through a Clean Energy Service
Corps that identifies and meets unmet environmental
needs
within
communities
through activities such as those described in
subparagraph (B) and improves performance
on the indicators described in subparagraph
(C).
(B) Activities
A Clean Energy Service Corps described in
this paragraph may carry out activities such
as—
(i) weatherizing and retrofitting housing
units for low-income households to significantly improve the energy efficiency and
reduce carbon emissions of such housing
units;
(ii) building energy-efficient housing
units in low-income communities;
(iii) conducting energy audits for low-income households and recommending ways
for the households to improve energy efficiency;
(iv) providing clean energy-related services designed to meet the needs of rural
communities;
(v) working with schools and youth programs to educate students and youth
about ways to reduce home energy use and
improve the environment, including conducting service-learning projects to provide such education;
(vi) assisting in the development of local
recycling programs;
(vii) renewing and rehabilitating national and State parks and forests, city
parks, county parks and other public
lands, and trails owned or maintained by
the Federal Government or a State, including planting trees, carrying out reforestation, carrying out forest health restoration measures, carrying out erosion
control measures, fire hazard reduction
measures, and rehabilitation and maintenance of historic sites and structures
throughout the national park system, and
providing trail enhancements, rehabilitation, and repairs;
(viii) cleaning and improving rivers
maintained by the Federal Government or
a State;
(ix) carrying out projects in partnership
with the National Park Service, designed

Page 7830

to renew and rehabilitate national park resources and enhance services and learning
opportunities for national park visitors,
and nearby communities and schools;
(x) providing service through a full-time,
year-round youth corps program or fulltime summer youth corps program, such
as a conservation corps or youth service
corps program that—
(I) undertakes meaningful service
projects with visible public benefits, including projects involving urban renewal, sustaining natural resources, or
improving human services;
(II) includes as participants youths and
young adults who are age 16 through 25,
including out-of-school youth and other
disadvantaged youth (such as youth who
are aging out of foster care, youth who
have limited English proficiency, homeless youth, and youth who are individuals with disabilities), who are age 16
through 25; and
(III) provides those participants who
are youth and young adults with—
(aa) team-based, highly structured,
and adult-supervised work experience,
life skills, education, career guidance
and counseling, employment training,
and support services including mentoring; and
(bb) the opportunity to develop citizenship values and skills through service to their community and the United
States; 1
(xi) carrying out other activities, addressing unmet environmental and workforce needs, that the Corporation may designate.
(C) Clean Energy Service Corps indicators
The indicators for a corps program described in this paragraph are—
(i) the number of housing units of low-income households weatherized or retrofitted to significantly improve energy efficiency and reduce carbon emissions;
(ii) annual energy costs (to determine
savings in those costs) at facilities where
participants have provided service;
(iii) the number of students and youth
receiving education or training in energyefficient and environmentally conscious
practices;
(iv)(I) the number of acres of national
parks, State parks, city parks, county
parks, or other public lands, that are
cleaned or improved; and
(II) the number of acres of forest preserves, or miles of trails or rivers, owned
or maintained by the Federal Government
or a State, that are cleaned or improved;
(v) any additional indicator relating to
clean energy, the reduction of greenhouse
gas emissions, or education and skill attainment for clean energy jobs, that the
Corporation, in consultation (as appropriate) with the Administrator of the Environmental Protection Agency, the Sec1 So

in original. Probably should be followed by ‘‘or’’.

Page 7831

TITLE 42—THE PUBLIC HEALTH AND WELFARE

retary of Energy, the Secretary of the Interior, or the Secretary of Labor, as appropriate, establishes; or
(vi) any additional local indicator (applicable to a particular recipient and on
which an improvement in performance is
needed) relating to clean energy, the reduction of greenhouse gas emissions, or
education or skill attainment for clean energy jobs, that is approved by the Corporation or a State Commission.
(4) Veterans Corps
(A) In general
The recipient may carry out national service programs through a Veterans Corps that
identifies and meets unmet needs of veterans
and members of the Armed Forces who are
on active duty through activities such as
those described in subparagraph (B) and improves performance on the indicators described in subparagraph (C).
(B) Activities
A Veterans Corps described in this paragraph may carry out activities such as—
(i) promoting community-based efforts
to meet the unique needs of military families while a family member is deployed and
upon that family member’s return home;
(ii) recruiting veterans, particularly returning veterans, into service opportunities, including opportunities that utilize
their military experience;
(iii) assisting veterans in developing
their educational opportunities (including
opportunities for professional certification, licensure, or credentials), coordinating activities with and assisting State
and local agencies administering veterans
education benefits, and coordinating activities with and assisting entities administering veterans programs with internships and fellowships that could lead to
employment in the private and public sectors;
(iv) promoting efforts within a community to serve the needs of veterans and
members of the Armed Forces who are on
active duty, including helping veterans file
benefits claims and assisting Federal agencies in providing services to veterans, and
sending care packages to Members of the
Armed Forces who are deployed;
(v) assisting veterans in developing mentoring relationships with economically
disadvantaged students;
(vi) developing projects to assist veterans with disabilities, veterans who are
unemployed, older veterans, and veterans
in rural communities, including assisting
veterans described in this clause with
transportation; or
(vii) other activities, addressing unmet
needs of veterans, that the Corporation
may designate.
(C) Veterans’ Corps indicators
The indicators for a corps program described in this paragraph are—
(i) the number of housing units created
for veterans;

§ 12572

(ii) the number of veterans who pursue
educational opportunities;
(iii) the number of veterans receiving
professional certification, licensure, or
credentials;
(iv) the number of veterans engaged in
service opportunities;
(v) the number of military families assisted by organizations while a family
member is deployed and upon that family
member’s return home;
(vi) the number of economically disadvantaged students engaged in mentoring
relationships with veterans;
(vii) the number of projects designed to
meet identifiable public needs of veterans,
especially veterans with disabilities, veterans who are unemployed, older veterans,
and veterans in rural communities;
(viii) any additional indicator that relates to education or skill attainment that
assists in providing veterans with the
skills to address identifiable public needs,
or that relates to improving the lives of
veterans, of members of the Armed Forces
on active duty, and of families of the veterans and the members on active duty, and
that the Corporation, in consultation (as
appropriate) with the Secretary of Veterans Affairs, establishes; or
(ix) any additional local indicator (applicable to a particular recipient and on
which an improvement in performance is
needed) relating to the education or skill
attainment, or the improvement, described
in clause (viii), that is approved by the
Corporation or a State Commission.
(5) Opportunity Corps
(A) In general
The recipient may carry out national service programs through an Opportunity Corps
that identifies and meets unmet needs relating to economic opportunity for economically disadvantaged individuals within communities, through activities such as those
described in subparagraph (B) and improves
performance on the indicators described in
subparagraph (C).
(B) Activities
An Opportunity Corps described in this
paragraph may carry out activities such as—
(i) providing financial literacy education
to economically disadvantaged individuals, including financial literacy education with regard to credit management,
financial institutions including banks and
credit unions, and utilization of savings
plans;
(ii) assisting in the construction, rehabilitation, or preservation of housing
units, including energy efficient homes,
for economically disadvantaged individuals;
(iii) assisting economically disadvantaged individuals, including homeless individuals, in finding placement in and maintaining housing;
(iv) assisting economically disadvantaged individuals in obtaining access to

§ 12572

TITLE 42—THE PUBLIC HEALTH AND WELFARE

health services for themselves or their
children;
(v) assisting individuals in obtaining information about Federal, State, local, or
private programs or benefits focused on assisting economically disadvantaged individuals, economically disadvantaged children, or low-income families;
(vi) facilitating enrollment in and completion of job training for economically
disadvantaged individuals;
(vii) assisting economically disadvantaged individuals in obtaining access to
job placement assistance;
(viii) carrying out a program that seeks
to eliminate hunger in low-income communities and rural areas through service
in projects—
(I) involving food banks, food pantries,
and nonprofit organizations that provide
food during emergencies;
(II) seeking to address the long-term
causes of hunger through education and
the delivery of appropriate services;
(III) providing training in basic health,
nutrition, and life skills necessary to alleviate hunger in communities and rural
areas; or
(IV) assisting individuals in obtaining
information about federally supported
nutrition programs;
(ix) addressing issues faced by homebound citizens, such as needs for food deliveries, legal and medical services, nutrition information, and transportation;
(x) implementing an E–Corps program
that involves participants who provide
services in a community by developing and
assisting in carrying out technology programs that seek to increase access to technology and the benefits of technology in
such community; and
(xi) carrying out other activities, addressing unmet needs relating to economic
opportunity for economically disadvantaged individuals, that the Corporation
may designate.
(C) Opportunity Corps indicators
The indicators for a corps program described in this paragraph are—
(i) the degree of financial literacy among
economically disadvantaged individuals;
(ii) the number of housing units built or
improved for economically disadvantaged
individuals or low-income families;
(iii) the number of economically disadvantaged individuals with access to job
training and other skill enhancement;
(iv) the number of economically disadvantaged individuals with access to information about job placement services;
(v) any additional indicator relating to
improving economic opportunity for economically disadvantaged individuals that
the Corporation, in consultation (as appropriate) with the Secretary of Health and
Human Services, the Secretary of Labor,
the Secretary of Housing and Urban Development, and the Secretary of the Treasury, establishes; or

Page 7832

(vi) any additional local indicator (applicable to a particular recipient and on
which an improvement in performance is
needed) that is approved by the Corporation or a State Commission.
(b) National service programs
(1) In general
The recipient of a grant under section
12571(a) of this title and a Federal agency operating or supporting a national service program under section 12571(b) of this title may
use the financial assistance or positions involved, directly or through subgrants to other
entities, to carry out national service programs and model programs under this subsection that are focused on meeting community needs and improve performance on the indicators described in paragraph (3).
(2) Programs
The programs may include the following
types of national service programs:
(A) A community service program designed to meet the needs of rural communities, using teams or individual placements
to address the development needs of rural
communities, including addressing rural
poverty, or the need for health services, education, or job training.
(B) A program—
(i) that engages participants in public
health, emergency and disaster preparedness, and other public safety activities;
(ii) that may include the recruitment of
qualified participants for, and placement
of the participants in, positions to be
trainees as law enforcement officers, firefighters, search and rescue personnel, and
emergency medical service workers; and
(iii) that may engage Federal, State, and
local stakeholders, in collaboration, to organize more effective responses to issues of
public health, emergencies and disasters,
and other public safety issues.
(C) A program that seeks to expand the
number of mentors for disadvantaged youths
and other youths (including by recruiting
high school-,2 and college-age individuals to
enter into mentoring relationships), either
through—
(i) provision of direct mentoring services;
(ii) provision of supportive services to direct mentoring service organizations (in
the case of a partnership);
(iii) the creative utilization of current
and emerging technologies to connect
youth with mentors; or
(iv) supporting mentoring partnerships
(including statewide and local mentoring
partnerships that strengthen direct service
mentoring programs) by—
(I) increasing State resources dedicated to mentoring;
(II) supporting the creation of statewide and local mentoring partnerships
and programs of national scope through
collaborative efforts between entities
2 So

in original. The comma probably should not appear.

Page 7833

TITLE 42—THE PUBLIC HEALTH AND WELFARE

such as local or direct service mentoring
partnerships, or units of State or local
government; and
(III) assisting direct service mentoring
programs.
(D) A program—
(i) in which not less than 75 percent of
the participants are disadvantaged youth;
(ii) that may provide life skills training,
employment training, educational counseling, assistance to complete a secondary
school diploma or its recognized equivalent, counseling, or a mentoring relationship with an adult volunteer; and
(iii) for which, in awarding financial assistance and approved national service positions, the Corporation shall give priority
to programs that engage retirees to serve
as mentors.
(E) A program—
(i) that reengages court-involved youth
and adults with the goal of reducing recidivism;
(ii) that may create support systems beginning in correctional facilities; and
(iii) that may have life skills training,
employment training, an education program (including a program to complete a
secondary school diploma or its recognized
equivalent), educational and career counseling, and postprogram placement services.
(F) A demonstration program—
(i) that has as 1 of its primary purposes
the recruitment and acceptance of courtinvolved youth and adults as participants,
volunteers, or members; and
(ii) that may serve any purpose otherwise permitted under this chapter.
(G) A program that provides education or
job training services that are designed to
meet the needs of rural communities.
(H) A program that seeks to expand the
number of mentors for youth in foster care
through—
(i) the provision of direct academic mentoring services for youth in foster care;
(ii) the provision of supportive services
to mentoring service organizations that
directly provide mentoring to youth in foster care, including providing training of
mentors in child development, domestic
violence, foster care, confidentiality requirements, and other matters related to
working with youth in foster care; or
(iii) supporting foster care mentoring
partnerships, including statewide and local
mentoring partnerships that strengthen
direct service mentoring programs.
(I) Such other national service programs
addressing unmet human, educational, environmental, or public safety needs as the Corporation may designate.
(3) Indicators
The indicators for a program described in
this subsection are the indicators described in
subparagraph (C) of paragraphs 3 (1), (2), (3),
3 So

in original. Probably should be ‘‘paragraph’’.

§ 12572

(4), or (5) of subsection (a) or any additional
local indicator (applicable to a participant or
recipient and on which an improvement in performance is needed) relating to meeting unmet
community needs, that is approved by the Corporation or a State Commission.
(c) Program models for service corps
(1) In general
In addition to any activities described in
subparagraph (B) of paragraphs (1) through (5)
of subsection (a), and subsection (b)(2), a recipient of a grant under section 12571(a) of this
title and a Federal agency operating or supporting a national service program under section 12571(b) of this title may directly or
through grants or subgrants to other entities
carry out a national service corps program
through the following program models:
(A) A community corps program that
meets unmet health, veteran, and other
human, educational, environmental, or public safety needs and promotes greater community unity through the use of organized
teams of participants of varied social and
economic backgrounds, skill levels, physical
and developmental capabilities, ages, ethnic
backgrounds, or genders.
(B) A service program that—
(i) recruits individuals with special skills
or provides specialized preservice training
to enable participants to be placed individually or in teams in positions in which the
participants can meet such unmet needs;
and
(ii) if consistent with the purposes of the
program, brings participants together for
additional training and other activities designed to foster civic responsibility, increase the skills of participants, and improve the quality of the service provided.
(C) A campus-based program that is designed to provide substantial service in a
community during the school term and during summer or other vacation periods
through the use of—
(i) students who are attending an institution of higher education, including students participating in a work-study program assisted under part C of title IV of
the Higher Education Act of 1965 (42 U.S.C.
2751 et seq.); 4
(ii) teams composed of students described in clause (i); or
(iii) teams composed of a combination of
such students and community residents.
(D) A professional corps program that recruits and places qualified participants in
positions—
(i) as teachers, nurses and other health
care providers, police officers, early childhood development staff, engineers, or
other professionals providing service to
meet human, educational, environmental,
or public safety needs in communities with
an inadequate number of such professionals;
(ii) for which the salary may exceed the
maximum living allowance authorized in
4 See

References in Text note below.

§ 12572

TITLE 42—THE PUBLIC HEALTH AND WELFARE

subsection (a)(2) of section 12594 of this
title, as provided in subsection (c) of such
section; and
(iii) that are sponsored by public or private employers who agree to pay 100 percent of the salaries and benefits (other
than any national service educational
award under division D) of the participants.
(E) A program that provides opportunities
for veterans to participate in service
projects.
(F) A program carried out by an intermediary that builds the capacity of local
nonprofit and faith-based organizations to
expand and enhance services to meet local or
national needs.
(G) Such other program models as may be
approved by the Corporation or a State Commission, as appropriate.
(2) Program models within corps
A recipient of financial assistance or approved national service positions for a corps
program described in subsection (a) may use
the assistance or positions to carry out the
corps program, in whole or in part, using a
program model described in this subsection.
The corps program shall meet the applicable
requirements of subsection (a) and this subsection.
(d) Qualification criteria to determine eligibility
(1) Establishment by Corporation
The Corporation shall establish qualification
criteria for different types of national service
programs for the purpose of determining
whether a particular national service program
should be considered to be a national service
program eligible to receive assistance or approved national service positions under this
division.
(2) Consultation
In establishing qualification criteria under
paragraph (1), the Corporation shall consult
with organizations and individuals with extensive experience in developing and administering effective national service programs or
regarding the delivery of veteran services, and
other human, educational, environmental, or
public safety services, to communities or persons.
(3) Application to subgrants
The qualification criteria established by the
Corporation under paragraph (1) shall also be
used by each recipient of assistance under section 12571(a) of this title that uses any portion
of the assistance to conduct a grant program
to support other national service programs.
(4) Encouragement of intergenerational components of programs
The Corporation shall encourage national
service programs eligible to receive assistance
or approved national service positions under
this division to establish, if consistent with
the
purposes
of
the
program,
an
intergenerational component of the program
that combines students, out-of-school youths,
disadvantaged youth, and older adults as par-

Page 7834

ticipants to provide services to address unmet
human, educational, environmental, or public
safety needs.
(e) Priorities for certain corps
In awarding financial assistance and approved
national service positions to eligible entities
proposed to carry out the corps described in subsection (a)—
(1) in the case of a corps described in subsection (a)(2)—
(A) the Corporation may give priority to
eligible entities that propose to provide support for participants who, after completing
service under this section, will undertake
careers to improve performance on health
indicators described in subsection (a)(2)(C);
and
(B) the Corporation shall give priority to
eligible entities that propose to carry out
national service programs in medically underserved areas (as designated individually,
by the Secretary of Health and Human Services as an area with a shortage of personal
health services); and
(2) in the case of a corps described in subsection (a)(3), the Corporation shall give priority to eligible entities that propose to recruit individuals for the Clean Energy Service
Corps so that significant percentages of participants in the Corps are economically disadvantaged individuals, and provide to such
individuals support services and education and
training to develop skills needed for clean energy jobs for which there is current demand or
projected future demand.
(f) National service priorities
(1) Establishment
(A) By Corporation
In order to concentrate national efforts on
meeting
human,
educational,
environmental, or public safety needs and to
achieve the other purposes of this chapter,
the Corporation, after reviewing the strategic
plan
approved
under
section
12651b(g)(1,) 2 of this title shall establish, and
may periodically alter, priorities regarding
the types of national service programs and
corps to be assisted under section 12581 of
this title and the purposes for which such assistance may be used.
(B) By States
Consistent with paragraph (4), States shall
establish, and through the national service
plan process described in section 12638(e)(1)
of this title, periodically alter priorities as
appropriate regarding the national service
programs to be assisted under section
12581(e) of this title. The State priorities
shall be subject to Corporation review as
part of the application process under section
12582 of this title.
(2) Notice to applicants
The Corporation shall provide advance notice to potential applicants of any national
service priorities to be in effect under this
subsection for a fiscal year. The notice shall
specifically include—

Page 7835

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(A) a description of any alteration made in
the priorities since the previous notice; and
(B) a description of the national service
programs that are designated by the Corporation under section 12585(d)(2) of this
title as eligible for priority consideration in
the next competitive distribution of assistance under section 12571(a) of this title.
(3) Regulations
The Corporation shall by regulation establish procedures to ensure the equitable treatment of national service programs that—
(A) receive funding under this division for
multiple years; and
(B) would be adversely affected by annual
revisions in such national service priorities.
(4) Application to subgrants
Any national service priorities established
by the Corporation under this subsection shall
also be used by each recipient of funds under
section 12571(a) of this title that uses any portion of the assistance to conduct a grant program to support other national service programs.
(g) Consultation on indicators
The Corporation shall consult with the Secretary of Education, the Secretary of Health and
Human Services, the Director of the Centers for
Disease Control and Prevention, the Secretary
of Energy, the Secretary of Veterans Affairs, the
Secretary of the Interior, the Administrator of
the Environmental Protection Agency, the Secretary of Labor, the Secretary of Housing and
Urban Development, and the Secretary of the
Treasury, as appropriate, in developing additional indicators for the corps and programs described in subsections (a) and (b).
(h) Requirements for tutors
(1) In general
Except as provided in paragraph (2), the Corporation shall require that each recipient of
assistance under the national service laws
that operates a tutoring program involving elementary school or secondary school students
certifies that individuals serving in approved
national service positions as tutors in such
program have—
(A) obtained their high school diplomas;
and
(B) successfully completed pre- and inservice training for tutors.
(2) Exception
The requirements in paragraph (1) do not
apply to an individual serving in an approved
national service position who is enrolled in an
elementary school or secondary school and is
providing tutoring services through a structured, school-managed cross-grade tutoring
program.
(i) Requirements for tutoring programs
Each tutoring program that receives assistance under the national service laws shall—
(1) offer a curriculum that is high quality,
research-based, and consistent with the State
academic content standards required by section 6311 of title 20 and the instructional program of the local educational agency; and

§ 12572

(2) offer high quality, research-based preand in-service training for tutors.
(j) Citizenship training
The Corporation shall establish guidelines for
recipients of assistance under the national service laws, that are consistent with the principles
on which citizenship programs administered by
U.S. Citizenship and Immigration Services are
based, relating to the promotion of citizenship
and civic engagement among participants in approved national service positions and approved
summer of service positions, and appropriate to
the age, education, and experience of the participants.
(k) Report
Not later than 60 days after the end of each
fiscal year for which the Corporation makes
grants under section 12571(a) of this title, the
Corporation shall prepare and submit to the authorizing committees a report containing—
(1) information describing how the Corporation allocated financial assistance and approved national service positions among eligible entities proposed to carry out corps and
national service programs described in this
section for that fiscal year;
(2) information describing the amount of financial assistance and the number of approved
national service positions the Corporation provided to each corps and national service program described in this section for that fiscal
year;
(3) a measure of the extent to which the
corps and national service programs improved
performance on the corresponding indicators;
and
(4) information describing how the Corporation is coordinating—
(A) the national service programs funded
under this section; with
(B) applicable programs, as determined by
the Corporation, carried out under division
B of this subchapter, and part A of title I
and parts A and B of title II of the Domestic
Volunteer Service Act of 1973 (42 U.S.C. 4951
et seq., 5001, 5011) that improve performance
on those indicators or otherwise address
identified community needs.
(Pub. L. 101–610, title I, § 122, as added Pub. L.
103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 790;
amended Pub. L. 111–13, title I, § 1302, Apr. 21,
2009, 123 Stat. 1485; Pub. L. 114–95, title IX,
§ 9215(bbb)(4), Dec. 10, 2015, 129 Stat. 2185.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (b)(2)(F)(ii) and
(f)(1)(A), was in the original ‘‘this Act’’, meaning Pub.
L. 101–610, Nov. 16, 1990, 104 Stat. 3127, 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. (c)(1)(C)(i), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat.
1219. Part C of title IV of the Act was formerly classified generally to part C (§ 2751 et seq.) of subchapter I
of chapter 34 of this title prior to transfer to part C
(§ 1087–51 et seq.) of subchapter IV of chapter 28 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. (k)(4)(B), is Pub. L. 93–113, Oct. 1, 1973, 87

§ 12573

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Stat. 394. Part A of title I of the Act is classified generally to part A (§ 4951 et seq.) of subchapter I of chapter 66 of this title. Parts A and B of title II of the Act
are classified generally to parts A (§ 5001) and B (§ 5011
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.
PRIOR PROVISIONS
A prior section 12572, Pub. L. 101–610, title I, § 142,
Nov. 16, 1990, 104 Stat. 3150, related to criteria and requirements for awarding grants for national and community service programs, prior to the general amendment of subtitle D of title I of Pub. L. 101–610 [former
part D of this subchapter] by Pub. L. 103–82, § 102(a).
A prior section 122 of Pub. L. 101–610 was renumbered
section 199B, and is classified to section 12655a of this
title.
AMENDMENTS
2015—Subsec. (a)(1)(C)(iii). Pub. L. 114–95 substituted
‘‘four-year adjusted cohort graduation rate (as defined
in section 7801 of title 20)’’ for ‘‘secondary school graduation rates as defined in section 6311(b)(2)(C)(vi) of
title 20 and as clarified in applicable regulations promulgated by the Department of Education’’.
2009—Pub. L. 111–13 substituted ‘‘National’’ for
‘‘Types of national’’ in section catchline and amended
text generally. Prior to amendment, section enumerated eligible types of national service programs, set
forth qualification criteria to determine eligibility, and
required establishment of priorities regarding national
service programs.
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of Title
20, Education.
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
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.

§ 12573. Types of national service positions eligible for approval for national service educational awards
The Corporation may approve of any of the
following service positions as an approved national service position that includes the national service educational award described in division D as one of the benefits to be provided for
successful service in the position:
(1) A position for a participant in a national
service program described in subsection (a),
(b), or (c) of section 12572 of this title that receives assistance under subsection (a) of section 12571 of this title.
(2) A position for a participant in a program
that—
(A) is carried out by a State, a subdivision
of a State, a territory, an Indian tribe, a
public or private nonprofit organization, an
institution of higher education, or a Federal
agency (under an interagency agreement described in section 12571(b) of this title); and
(B) would be eligible to receive assistance
under section 12571(a) of this title, based on

Page 7836

criteria established by the Corporation, but
has not applied for such assistance.
(3) A position involving service as a VISTA
volunteer under title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.).
(4) A position facilitating service-learning in
a
program
described
in
section
12572(a)(1)(B)(vi) of this title that is eligible
for assistance under part I of division B.
(5) A position for a participant in the National Civilian Community Corps under division E.
(6) A position involving service as a crew
leader in a youth corps program or a similar
position supporting a national service program that receives an approved national service position.
(7) A position involving service in the
ServeAmerica Fellowship program carried out
under section 12653b of this title.
(8) Such other national service positions as
the Corporation considers to be appropriate.
(Pub. L. 101–610, title I, § 123, as added Pub. L.
103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 794;
amended Pub. L. 111–13, title I, § 1303, Apr. 21,
2009, 123 Stat. 1499.)
REFERENCES IN TEXT
The Domestic Volunteer Service Act of 1973, referred
to in par. (3), is Pub. L. 93–113, Oct. 1, 1973, 87 Stat. 394.
Title I of the Act is classified generally to subchapter
I (§ 4951 et seq.) of chapter 66 of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 4950 of this title and Tables.
PRIOR PROVISIONS
A prior section 12573, Pub. L. 101–610, title I, § 143,
Nov. 16, 1990, 104 Stat. 3152, related to types of national
service, prior to the general amendment of subtitle D of
title I of Pub. L. 101–610 [former part D of this subchapter] by Pub. L. 103–82, § 102(a).
A prior section 123 of Pub. L. 101–610 was renumbered
section 199C, and is classified to section 12655b of this
title.
AMENDMENTS
2009—Par. (1). Pub. L. 111–13, § 1303(1), substituted
‘‘subsection (a), (b), or (c) of section 12572’’ for ‘‘section
12572(a)’’ and struck out ‘‘or (b)’’ before ‘‘of section
12571’’.
Par. (2)(A). Pub. L. 111–13, § 1303(2), inserted ‘‘a territory,’’ after ‘‘subdivision of a State,’’ and substituted
‘‘Federal agency (under an interagency agreement described in section 12571(b) of this title)’’ for ‘‘Federal
agency’’.
Par. (4). Pub. L. 111–13, § 1303(3), substituted ‘‘section
12572(a)(1)(B)(vi)’’ for ‘‘section 12572(a)(3)’’.
Par. (5). Pub. L. 111–13, § 1303(4), inserted ‘‘National’’
before ‘‘Civilian Community Corps’’.
Pars. (7), (8). Pub. L. 111–13, § 1303(5), (6), added par. (7)
and redesignated former par. (7) as (8).
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
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.

§ 12574. Types of program assistance
(a) Planning assistance
The Corporation may provide assistance under
section 12571 of this title to a qualified applicant

Page 7837

TITLE 42—THE PUBLIC HEALTH AND WELFARE

that submits an application under section 12582
of this title for the planning of a national service program. Assistance provided in accordance
with this subsection may cover a period of not
more than 1 year.
(b) Operational assistance
The Corporation may provide assistance under
section 12571 of this title to a qualified applicant
that submits an application under section 12582
of this title for the establishment, operation, or
expansion of a national service program. Assistance provided in accordance with this subsection may cover a period of not more than 3
years, but may be renewed by the Corporation
upon consideration of a new application under
section 12582 of this title.
(c) Replication assistance
The Corporation may provide assistance under
section 12571 of this title to a qualified applicant
that submits an application under section 12582
of this title for the expansion of a proven national service program to another geographical
location. Assistance provided in accordance with
this subsection may cover a period of not more
than 3 years, but may be renewed by the Corporation upon consideration of a new application under section 12582 of this title.
(d) Application to subgrants
The requirements of this section shall apply to
any State or other applicant receiving assistance under section 12571 of this title that proposes to conduct a grant program using the assistance to support other national service programs.
(Pub. L. 101–610, title I, § 124, as added Pub. L.
103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat.
794.)
PRIOR PROVISIONS
A prior section 12574, Pub. L. 101–610, title I, § 144,
Nov. 16, 1990, 104 Stat. 3152, related to terms of service
for national and community service, prior to the general amendment of subtitle D of title I of Pub. L.
101–610 [former part D of this subchapter] by Pub. L.
103–82, § 102(a).
A prior section 124 of Pub. L. 101–610 was renumbered
section 199D, and is classified to section 12655c of this
title.
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.

§ 12575. Repealed. Pub. L. 111–13, title I, § 1304,
Apr. 21, 2009, 123 Stat. 1500
Section, Pub. L. 101–610, title I, § 125, as added Pub. L.
103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 795, related to training and technical assistance.
A prior section 12575, Pub. L. 101–610, title I, § 145,
Nov. 16, 1990, 104 Stat. 3153; Pub. L. 102–10, § 6(a), Mar.
12, 1991, 105 Stat. 31, related to eligibility for part-time,
full-time, and special senior service in national and
community service program, prior to the general
amendment of subtitle D of title I of Pub. L. 101–610
(former part D of this subchapter) by Pub. L. 103–82.
PRIOR PROVISIONS
A prior section 125 of Pub. L. 101–610 was renumbered
section 199E, and is classified to section 12655d of this
title.

§ 12576

EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12576. Other special assistance
(a) Support for State Commissions
(1) Grants authorized
From amounts appropriated for a fiscal year
pursuant to the authorization of appropriation
in section 12681(a)(5) of this title, the Corporation may make a grant in an amount between
$250,000 and $1,000,000 to a State to assist the
State to establish or operate the State Commission on National and Community Service
required to be established by the State under
section 12638 of this title.
(2) Matching requirement
In making a grant to a State under this subsection, the Corporation shall require the
State to agree to provide matching funds from
non-Federal sources of not less than $1 for
every $1 provided by the Corporation through
the grant.
(3) Alternative
Notwithstanding paragraph (2), the Chief Executive Officer may permit a State that demonstrates hardship or a new State Commission
to meet alternative matching requirements
for such a grant as follows:
(A) First $100,000
For the first $100,000 of grant funds provided by the Corporation, the State involved
shall not be required to provide matching
funds.
(B) Amounts greater than $100,000
For grant amounts of more than $100,000
and not more than $250,000 provided by the
Corporation, the State shall agree to provide
matching funds from non-Federal sources of
not less than $1 for every $2 provided by the
Corporation, in excess of $100,000.
(C) Amounts greater than $250,000
For grant amounts of more than $250,000
provided by the Corporation, the State shall
agree to provide matching funds from nonFederal sources of not less than $1 for every
$1 provided by the Corporation, in excess of
$250,000.
(b) Disaster service
The Corporation may undertake activities, including activities carried out through part A of
title I of the Domestic Volunteer Service Act of
1973 (42 U.S.C. 4951 et seq.), to involve programs
that receive assistance under the national service laws in disaster relief efforts, and to support,
including through mission assignments under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
nonprofit organizations and public agencies responding to the needs of communities experiencing disasters.
(c) Challenge grants for national service programs
(1) Assistance authorized
The Corporation may make challenge grants
under this subsection to programs supported
under the national service laws.

§ 12581

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(2) Selection criteria
The Corporation shall develop criteria for
the selection of recipients of challenge grants
under this subsection, so as to make the
grants widely available to a variety of programs that—
(A) are high-quality national service programs; and
(B) are carried out by entities with demonstrated experience in establishing and implementing projects that provide benefits to
participants and communities.
(3) Amount of assistance
A challenge grant under this subsection may
provide, for an initial 3-year grant period, not
more than $1 of assistance under this subsection for each $1 in cash raised from private
sources by the program supported under the
national service laws in excess of amounts required to be provided by the program to satisfy matching funds requirements. After an
initial 3-year grant period, a grant under this
subsection may provide not more than $1 of assistance under this subsection for each $2 in
cash raised from private sources by the program in excess of amounts required to be provided by the program to satisfy matching
funds requirements. The Corporation may permit the use of local or State funds under this
paragraph in lieu of cash raised from private
sources if the Corporation determines that
such use would be equitable due to a lack of
available private funds at the local level. The
Corporation shall establish a ceiling on the
amount of assistance that may be provided to
a national service program under this subsection.
(Pub. L. 101–610, title I, § 126, as added Pub. L.
103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 795;
amended Pub. L. 111–13, title I, § 1305, Apr. 21,
2009, 123 Stat. 1500.)
REFERENCES IN TEXT
The Domestic Volunteer Service Act of 1973, referred
to in subsec. (b), is Pub. L. 93–113, Oct. 1, 1973, 87 Stat.
394. Part A of title I of the Act is classified generally
to part A (§ 4951 et seq.) of subchapter I of chapter 66 of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 4950 of
this title and Tables.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b), is Pub.
L. 93–288, May 22, 1974, 88 Stat. 143, which is classified
principally to chapter 68 (§ 5121 et seq.) of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 5121 of this title
and Tables.

Page 7838

Section 12578, Pub. L. 101–610, title I, § 148, Nov. 16,
1990, 104 Stat. 3155, related to training of participants.
Section 12579, Pub. L. 101–610, title I, § 149, Nov. 16,
1990, 104 Stat. 3156, related to cooperation between public and private entities.
Section 12580, Pub. L. 101–610, title I, § 150, Nov. 16,
1990, 104 Stat. 3156, related to in-service education benefits.
AMENDMENTS
2009—Subsec. (a)(1). Pub. L. 111–13, § 1305(1)(A), substituted ‘‘$250,000 and $1,000,000’’ for ‘‘$125,000 and
$750,000’’ and ‘‘12681(a)(5)’’ for ‘‘12681(a)(4)’’.
Subsec. (a)(2), (3). Pub. L. 111–13, § 1305(1)(B), added
pars. (2) and (3) and struck out former par. (2). Text of
former par. (2) read as follows: ‘‘Notwithstanding the
amounts specified in paragraph (1), the amount of a
grant that may be provided to a State Commission
under this subsection, together with other Federal
funds available to establish or operate the State Commission, may not exceed—
‘‘(A) 85 percent of the total cost to establish or operate the State Commission for the first year for
which the State Commission receives assistance
under this subsection; and
‘‘(B) such smaller percentage of such cost as the
Corporation may establish for the second, third, and
fourth years of such assistance in order to ensure
that the Federal share does not exceed 50 percent of
such costs for the fifth year, and any subsequent
year, for which the State Commission receives assistance under this subsection.’’
Subsec. (b). Pub. L. 111–13, § 1305(2), added subsec. (b)
and struck out former subsec. (b). Prior to amendment,
text read as follows: ‘‘The Corporation may undertake
activities, including activities carried out through part
A of title I of the Domestic Volunteer Service Act of
1973 (42 U.S.C. 4951 et seq.), to involve in disaster relief
efforts youth corps programs described in section
12572(a)(2) of this title and other programs that receive
assistance under the national service laws.’’
Subsec. (c)(1). Pub. L. 111–13, § 1305(3)(A), substituted
‘‘to programs supported under the national service
laws’’ for ‘‘to national service programs that receive
assistance under section 12571 of this title’’.
Subsec. (c)(3). Pub. L. 111–13, § 1305(3)(B), added par.
(3) and struck out former par. (3). Prior to amendment,
text read as follows: ‘‘A challenge grant under this subsection may provide not more than $1 of assistance
under this subsection for each $1 in cash raised by the
national service program from private sources in excess
of amounts required to be provided by the program to
satisfy matching funds requirements under section
12571(e) of this title. The Corporation shall establish a
ceiling on the amount of assistance that may be provided to a national service program under this subsection.’’
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.

PRIOR PROVISIONS

EFFECTIVE DATE

Prior sections 12576 to 12580, which related to national and community service, were omitted in the general amendment of subtitle D of title I of Pub. L.
101–610 [former part D of this subchapter] by Pub. L.
103–82, § 102(a).
Section 12576, Pub. L. 101–610, title I, § 146, Nov. 16,
1990, 104 Stat. 3153; Pub. L. 102–10, § 6(b), Mar. 12, 1991,
105 Stat. 31; Pub. L. 102–325, title XV, § 1557, July 23,
1992, 106 Stat. 841, related to post-service benefits.
A prior section 126 of Pub. L. 101–610 was renumbered
section 199F and is classified to section 12655e of this
title.
Section 12577, Pub. L. 101–610, title I, § 147, Nov. 16,
1990, 104 Stat. 3154, related to living allowances for participants.

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.

PART II—APPLICATION AND APPROVAL PROCESS
§ 12581. Provision of assistance and approved national service positions
(a) One percent allotment for certain territories
Of the funds allocated by the Corporation for
provision of assistance under section 12571(a) of
this title for a fiscal year, the Corporation shall
reserve 1 percent for grants to the United States

Page 7839

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands
upon approval by the Corporation of an application submitted under section 12582 of this title.
The Corporation shall allot for a grant to each
such territory under this subsection for a fiscal
year an amount that bears the same ratio to 1
percent of the allocated funds for that fiscal
year as the population of the territory bears to
the total population of all such territories.
(b) Allotment for Indian tribes
Of the funds allocated by the Corporation for
provision of assistance under section 12571(a) of
this title for a fiscal year, the Corporation shall
reserve at least 1 percent for grants to Indian
tribes to be allotted by the Corporation on a
competitive basis.
(c) Reservation of approved positions
The Corporation shall ensure that each individual selected during a fiscal year for assignment as a VISTA volunteer under title I of the
Domestic Volunteer Service Act of 1973 (42
U.S.C. 4951 et seq.) or as a participant in the National Civilian Community Corps Program
under division E shall receive the national service educational award described in division D if
the individual satisfies the eligibility requirements for the award. Funds for approved national service positions required by this paragraph for a fiscal year shall be deducted from
the total funding for approved national service
positions to be available for distribution under
subsections (d) and (e) for that fiscal year.
(d) Allotment for competitive grants
(1) In general
Of the funds allocated by the Corporation for
provision of assistance under section 12571(a)
of this title for a fiscal year and subject to
section 12585(d)(3) of this title, the Corporation
shall reserve not more than 62.7 percent for
grants awarded on a competitive basis to
States specified in subsection (e)(1) for national service programs, to nonprofit organizations seeking to operate a national service
program in 2 or more of those States, and to
Indian tribes.
(2) Equitable treatment
In the consideration of applications for such
grants, the Corporation shall ensure the equitable treatment of applicants from urban
areas, applicants from rural areas, applicants
of diverse sizes (as measured by the number of
participants served), applicants from States,
and applicants from national nonprofit organizations.
(3) Encore service programs
In making grants under this subsection for a
fiscal year, the Corporation shall make an effort to allocate not less than 10 percent of the
financial assistance and approved national
service positions provided through the grants
for that fiscal year to eligible entities proposing to carry out encore service programs,
unless the Corporation does not receive a sufficient number of applications of adequate
quality to justify making that percentage
available to those eligible entities.

§ 12581

(4) Corps programs
In making grants under this subsection for a
fiscal year, the Corporation—
(A) shall select 2 or more of the national
service corps described in section 12572(a) of
this title to receive grants under this subsection; and
(B) may select national service programs
described in section 12572(b) of this title to
receive such grants.
(e) Allotment to certain States on formula basis
(1) Grants
Of the funds allocated by the Corporation for
provision of assistance under section 12571(a)
of this title for a fiscal year, the Corporation
shall make a grant to each of the several
States, the District of Columbia, and the Commonwealth of Puerto Rico that submits an application under section 12582 of this title that
is approved by the Corporation.
(2) Allotments
The Corporation shall allot for a grant to
each such State under this subsection for a fiscal year an amount that bears the same ratio
to 35.3 percent of the allocated funds for that
fiscal year as the population of the State bears
to the total population of the several States,
the District of Columbia, and the Commonwealth of Puerto Rico, in compliance with
paragraph (3).
(3) Minimum amount
Notwithstanding paragraph (2), the minimum grant made available to each State approved by the Corporation under paragraph (1)
for each fiscal year shall be at least $600,000, or
0.5 percent of the amount allocated for the
State formula under this subsection for the
fiscal year, whichever is greater.
(f) Effect of failure to apply
If a State or territory fails to apply for, or
fails to give notice to the Corporation of its intent to apply for, an allotment under this section, or the Corporation does not approve the
application consistent with section 12585 of this
title, the Corporation may use the amount that
would have been allotted under this section to
the State or territory to—
(1) make grants (and provide approved national service positions in connection with
such grants) to other community-based entities under section 12571 of this title that propose to carry out national service programs in
such State or territory; and
(2) make reallotments to other States or territories with approved applications submitted
under section 12582 of this title, from the allotment funds not used to make grants as described in paragraph (1).
(g) Application required
The Corporation shall make an allotment of
assistance (including the provision of approved
national service positions) to a recipient under
this section only pursuant to an application submitted by a State or other applicant under section 12582 of this title.
(h) Approval of positions subject to available
funds
The Corporation may not approve positions as
approved national service positions under this

§ 12581

TITLE 42—THE PUBLIC HEALTH AND WELFARE

division for a fiscal year in excess of the number
of such positions for which the Corporation has
sufficient available funds in the National Service Trust for that fiscal year, taking into consideration funding needs for national service
educational awards under division D based on
completed service. If appropriations are insufficient to provide the maximum allowable national service educational awards under division
D for all eligible participants, the Corporation is
authorized to make necessary and reasonable
adjustments to program rules.
(i) Sponsorship of approved national service positions
(1) Sponsorship authorized
The Corporation may enter into agreements
with persons or entities who offer to sponsor
national service positions for which the person
or entity will be responsible for supplying the
funds necessary to provide a national service
educational award. The distribution of those
approved national service positions shall be
made pursuant to the agreement, and the creation of those positions shall not be taken into
consideration in determining the number of
approved national service positions to be
available for distribution under this section.
(2) Deposit of contribution
Funds provided pursuant to an agreement
under paragraph (1) shall be deposited in the
National Service Trust established in section
12601 of this title until such time as the funds
are needed.
(j) Reservation of funds for special assistance
(1) Reservation
From amounts appropriated for a fiscal year
pursuant to the authorization of appropriations in section 12681(a)(2) of this title and allocated to carry out this division and subject
to the limitation in such section, the Corporation may reserve such amount as the Corporation considers to be appropriate for the purpose of making assistance available under subsections (b) and (c) of section 12576 of this
title.
(2) Limitation
The amount reserved under paragraph (1) for
a fiscal year may not exceed $10,000,000.
(3) Timing
The Corporation shall reserve such amount,
and any amount reserved under subsection (k)
from funds appropriated and allocated to carry
out this division, before allocating funds for
the provision of assistance under any other
provision of this division.
(k) Reservation of funds to increase the participation of individuals with disabilities
(1) Reservation
To make grants to public or private nonprofit organizations to increase the participation of individuals with disabilities in national
service and for demonstration activities in
furtherance of this purpose, and subject to the
limitation in paragraph (2), the Chief Executive Officer shall reserve not less than 2 percent from the amounts, appropriated to carry

Page 7840

out this division and divisions D, E, and H for
each fiscal year.
(2) Limitation
The amount reserved under paragraph (1) for
a fiscal year may not exceed $20,000,000.
(3) Remainder
The Chief Executive Officer may use the
funds reserved under paragraph (1), and not
distributed to make grants under this subsection for other activities described in section 12681(a)(2) of this title.
(l) Authority for fixed-amount grants
(1) In general
(A) Authority
From amounts appropriated for a fiscal
year to provide financial assistance under
the national service laws, the Corporation
may provide assistance in the form of fixedamount grants in an amount determined by
the Corporation under paragraph (2) rather
than on the basis of actual costs incurred by
a program.
(B) Limitation
Other than fixed-amount grants to support
programs described in section 12581a of this
title, for the 1-year period beginning on the
effective date of the Serve America Act, the
Corporation may provide assistance in the
form of fixed-amount grants to programs
that only offer full-time positions.
(2) Determination of amount of fixed-amount
grants
A fixed-amount grant authorized by this
subsection shall be in an amount determined
by the Corporation that is—
(A) significantly less than the reasonable
and necessary costs of administering the
program supported by the grant; and
(B) based on an amount per individual enrolled in the program receiving the grant,
taking into account—
(i) the capacity of the entity carrying
out the program to manage funds and
achieve programmatic results;
(ii) the number of approved national
service positions, approved silver scholar
positions, or approved summer of service
positions for the program, if applicable;
(iii) the proposed design of the program;
(iv) whether the program provides service to, or involves the participation of, disadvantaged youth or otherwise would reasonably incur a relatively higher level of
costs; and
(v) such other factors as the Corporation
may consider under section 12585 of this
title in considering applications for assistance.
(3) Requirements for grant recipients
In awarding a fixed-amount grant under this
subsection, the Corporation—
(A) shall require the grant recipient—
(i) to return a pro rata amount of the
grant funds based upon the difference between the number of hours served by a participant and the minimum number of

Page 7841

TITLE 42—THE PUBLIC HEALTH AND WELFARE

hours for completion of a term of service
(as established by the Corporation);
(ii) to report on the program’s performance on standardized measures and performance levels established by the Corporation;
(iii) to cooperate with any evaluation activities undertaken by the Corporation;
and
(iv) to provide assurances that additional funds will be raised in support of the
program, in addition to those received
under the national service laws; and
(B) may adopt other terms and conditions
that the Corporation considers necessary or
appropriate based on the relative risks (as
determined by the Corporation) associated
with any application for a fixed-amount
grant.
(4) Other requirements not applicable
Limitations on administrative costs and
matching fund documentation requirements
shall not apply to fixed-amount grants provided in accordance with this subsection.
(5) Rule of construction
Nothing in this subsection shall relieve a
grant recipient of the responsibility to comply
with the requirements of chapter 75 of title 31
or other requirements of Office of Management and Budget Circular A–133.
(Pub. L. 101–610, title I, § 129, as added Pub. L.
103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 796;
amended Pub. L. 111–13, title I, § 1306, Apr. 21,
2009, 123 Stat. 1501.)
REFERENCES IN TEXT
The Domestic Volunteer Service Act of 1973, referred
to in subsec. (c), is Pub. L. 93–113, Oct. 1, 1973, 87 Stat.
394. Title I of the Act is classified generally to subchapter I (§ 4951 et seq.) of chapter 66 of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 4950 of this title
and Tables.
For the effective date of the Serve America Act, referred to in subsec. (l)(1)(B), as Oct. 1, 2009, see section
6101(a) of Pub. L. 111–13, set out as an Effective Date of
2009 Amendment note under section 4950 of this title.
PRIOR PROVISIONS
A prior section 129 of Pub. L. 101–610 was renumbered
section 199H and is classified to section 12655h of this
title.
AMENDMENTS
2009—Pub. L. 111–13 amended section generally. Prior
to amendment, section consisted of subsecs. (a) to (g)
relating to allotments of assistance and approved national service positions to States and Indian tribes, reservation of the national service educational award for
eligible individuals in approved positions, reservation
of amounts appropriated as considered appropriate for
special assistance, competitive distribution of remaining funds, application requirement, approval of positions subject to available funds, and sponsorship of approved national service positions.
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
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.

§ 12582

§ 12581a. Educational awards only program
(a) In general
From amounts appropriated for a fiscal year
to provide financial assistance under this division and consistent with the restriction in subsection (b), the Corporation may, through fixedamount grants (in accordance with section
12581(l) of this title), provide operational support
to programs that receive approved national
service positions but do not receive funds under
section 12571(a) of this title.
(b) Limit on Corporation grant funds
The Corporation may provide the operational
support under this section for a program in an
amount that is not more than $800 per individual
enrolled in an approved national service position, or not more than $1,000 per such individual
if at least 50 percent of the persons enrolled in
the program are disadvantaged youth.
(c) Inapplicable provisions
The following provisions shall not apply to
programs funded under this section:
(1) The limitation on administrative costs
under section 12571(d) of this title.
(2) The matching funds requirements under
section 12571(e) of this title.
(3) The living allowance and other benefits
under sections 12583(e) and 12594 of this title
(other than individualized support services for
participants with disabilities under section
12594(f) of this title).
(Pub. L. 101–610, title I, § 129A, as added Pub. L.
111–13, title I, § 1307, Apr. 21, 2009, 123 Stat. 1505.)
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12582. Application for assistance and approved
national service positions
(a) Time, manner, and content of application
To be eligible to receive assistance under section 12571(a) of this title or approved national
service positions for participants who serve in
the national service programs to be carried out
using the assistance, a State, territory, subdivision of a State, Indian tribe, public or private
nonprofit organization, or institution of higher
education shall prepare and submit to the Corporation an application at such time, in such
manner, and containing such information as the
Corporation may reasonably require.
(b) Types of permissible application information
In order to have adequate information upon
which to consider an application under section
12585 of this title, the Corporation may require
the following information to be provided in an
application submitted under subsection (a):
(1) A description of the national service programs proposed to be carried out directly by
the applicant using assistance provided under
section 12571 of this title.
(2) A description of the national service programs that are selected by the applicant to receive a grant using assistance requested under
section 12571 of this title and a description of

§ 12582

TITLE 42—THE PUBLIC HEALTH AND WELFARE

the process and criteria by which the programs were selected.
(3) A description of other funding sources to
be used, or sought to be used, for the national
service programs referred to in paragraphs (1)
and (2), and, if the application is submitted for
the purpose of seeking a renewal of assistance,
a description of the success of the programs in
reducing their reliance on Federal funds.
(4) A description of the extent to which the
projects to be conducted using the assistance
will address unmet human, educational, environmental, or public safety needs and produce
a direct benefit for the community in which
the projects are performed.
(5) A description of the plan to be used to recruit participants, including youth who are individuals with disabilities and economically
disadvantaged young men and women, for the
national service programs referred to in paragraphs (1) and (2).
(6) A description of the manner in which the
national service programs referred to in paragraphs (1) and (2) build on existing programs,
including Federal programs.
(7) A description of the manner in which the
national service programs referred to in paragraphs (1) and (2) will involve participants—
(A) in projects that build an ethic of civic
responsibility and produce a positive change
in the lives of participants through training
and participation in meaningful service experiences and opportunities for reflection on
such experiences; and
(B) in leadership positions in implementing and evaluating the program.
(8) Measurable goals for the national service
programs referred to in paragraphs (1) and (2),
and a strategy to achieve such goals, in terms
of—
(A) the impact to be made in meeting
unmet human, educational, environmental,
or public safety needs; and
(B) the service experience to be provided to
participants in the programs.
(9) A description of the manner and extent to
which the national service programs referred
to in paragraphs (1) and (2) conform to the national service priorities established by the
Corporation under section 12572(f) of this title.
(10) A description of the past experience of
the applicant in operating a comparable program or in conducting a grant program in support of other comparable service programs.
(11) A description of the type and number of
proposed service positions in which participants will receive the national service educational award described in division D and a
description of the manner in which approved
national service positions will be apportioned
by the applicant.
(12) A description of the manner and extent
to which participants, representatives of the
community served, community-based agencies
with a demonstrated record of experience in
providing services, municipalities and governments of counties in which such a community
is located, and labor organizations contributed
to the development of the national service
programs referred to in paragraphs (1) and (2),

Page 7842

including the identity of the individual representing each appropriate labor organization
(if any) who was consulted and the nature of
the consultation.
(13) Such other information as the Corporation may reasonably require.
(c) Required application information
An application submitted under subsection (a)
shall contain the following information:
(1) A description of the proposed positions
into which participants will be placed using
the assistance provided under section 12571 of
this title.
(2) A description of the proposed minimum
qualifications that individuals shall meet to
become participants in such programs.
(3) In the case of a nonprofit organization intending to operate programs in 2 or more
States, a description of the manner in which
and extent to which the organization consulted with the State Commissions of each
State in which the organization intends to operate and the nature of the consultation.
(d) Additional required application information
An application submitted under subsection (a)
for programs described in 12572(a) 1 of this title
shall also contain—
(1) measurable goals, to be used for annual
measurements of the program’s performance
on 1 or more of the corresponding indicators
described in section 12572 of this title;
(2) information describing how the applicant
proposes to utilize funds to improve performance on the corresponding indicators utilizing
participants, including describing the activities in which such participants will engage to
improve performance on those indicators;
(3) information identifying the geographical
area in which the eligible entity proposing to
carry out the program proposes to use funds to
improve performance on the corresponding indicators, and demographic information on the
students or individuals, as appropriate, in such
area, and statistics demonstrating the need to
improve such indicators in such area; and
(4) if applicable, information on how the eligible entity will work with other communitybased entities to carry out activities to improve performance on the corresponding indicators using such funds.
(e) Application to receive only approved national
service positions
(1) Applicability of subsection
This subsection shall apply in the case of an
application in which—
(A) the applicant is not seeking assistance
under section 12571(a) of this title, but requests national service educational awards
for individuals serving in service positions
described in section 12573 of this title; or
(B) the applicant requests national service
educational awards for service positions described in section 12573 of this title, but the
positions are not positions in a national
service program described in subsection (a),
(b), or (c) of section 12572 of this title for
which assistance may be provided under section 12571(a) of this title.
1 So

in original. Probably should be preceded by ‘‘section’’.

Page 7843

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(2) Special application requirements
For the applications described in paragraph
(1), the Corporation shall establish special application requirements in order to determine—
(A) whether the service positions meet
unmet human, educational, environmental,
or public safety needs and meet the criteria
for assistance under this division; and
(B) whether the Corporation should approve the positions as approved national
service positions.
(f) Special rule for State applicants
(1) Submission by State Commission
The application of a State for approved national service positions or for a grant under
section 12571(a) of this title shall be submitted
by the State Commission.
(2) Competitive selection
The application of a State shall contain an
assurance that all assistance provided under
section 12571(a) of this title to the State will
be used to support national service programs
that were or will be selected by the State on
a competitive basis. In making such competitive selections, the State shall seek to ensure
the equitable allocation within the State of
assistance and approved national service positions provided under this division to the State
taking into consideration such factors as the
location of the programs applying to the
State, population density, and economic distress.
(3) Assistance to non-State entities
The application of a State shall also contain
an assurance that not less than 60 percent of
the assistance will be used to make grants in
support of national service programs other
than national service programs carried out by
a State agency. The Corporation may permit a
State to deviate from the percentage specified
by this subsection if the State has not received a sufficient number of acceptable applications to comply with the percentage.
(g) Special rule for certain applicants
(1) Written concurrence
In the case of an applicant that proposes to
also serve as the service sponsor, the application shall include the written concurrence of
any local labor organization representing employees of the service sponsor who are engaged
in the same or substantially similar work as
that proposed to be carried out.
(2) Applicant defined
For purposes of this subsection, the term
‘‘applicant’’ means—
(A) a State, subdivision of a State, territory, Indian tribe, public or private nonprofit organization, or institution of higher
education submitting an application under
this section; or
(B) an entity applying for assistance or approved national service positions through a
grant program conducted using assistance
provided to a State, subdivision of a State,
territory, Indian tribe, public or private
nonprofit organization, or institution of
higher education under section 12571 of this
title.

§ 12582

(h) Limitation on same project receiving multiple grants
Unless specifically authorized by law, the Corporation may not provide more than 1 grant
under the national service laws for a fiscal year
to support the same project under the national
service laws.
(Pub. L. 101–610, title I, § 130, as added Pub. L.
103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 800;
amended Pub. L. 111–13, title I, § 1308, Apr. 21,
2009, 123 Stat. 1505.)
PRIOR PROVISIONS
A prior section 130 of Pub. L. 101–610 was renumbered
section 199I and is classified to section 12655i of this
title.
AMENDMENTS
2009—Subsec. (a). Pub. L. 111–13, § 1308(1), substituted
‘‘section 12571(a)’’ for ‘‘section 12571’’, inserted ‘‘territory,’’ after ‘‘assistance, a State,’’, and substituted ‘‘or
institution of higher education’’ for ‘‘institution of
higher education, or Federal agency’’.
Subsec. (b)(9). Pub. L. 111–13, § 1308(2)(A), substituted
‘‘section 12572(f)’’ for ‘‘section 12572(c)’’.
Subsec. (b)(12). Pub. L. 111–13, § 1308(2)(B), inserted
‘‘municipalities and governments of counties in which
such a community is located,’’ after ‘‘providing services,’’.
Subsec. (c)(1). Pub. L. 111–13, § 1308(3)(A), substituted
‘‘proposed positions’’ for ‘‘jobs or positions’’ and a period for ‘‘, including descriptions of specific tasks to be
performed by such participants.’’
Subsec. (c)(2). Pub. L. 111–13, § 1308(3)(B), inserted
‘‘proposed’’ before ‘‘minimum’’.
Subsec. (c)(3). Pub. L. 111–13, § 1308(3)(C), added par.
(3).
Subsec. (d). Pub. L. 111–13, § 1308(5), added subsec. (d)
and redesignated former subsec. (d) as (e).
Subsec. (d)(1). Pub. L. 111–13, § 1308(4), substituted
‘‘section 12571(a)’’ for ‘‘subsection (a) or (b) of section
12571’’ in subpars. (A) and (B) and ‘‘subsection (a), (b),
or (c) of section 12572’’ for ‘‘section 12572(a)’’ in subpar.
(B).
Subsecs. (e), (f). Pub. L. 111–13, § 1308(5), redesignated
subsecs. (d) and (e) as (e) and (f), respectively. Former
subsec. (f) redesignated (g).
Subsec. (f)(2). Pub. L. 111–13, § 1308(6), which directed
substitution of ‘‘were or will be selected’’ for ‘‘were selected’’ in par. (2)(A), was executed by making the substitution in par. (2) to reflect the probable intent of
Congress because par. (2) does not contain subpars.
Subsec. (g). Pub. L. 111–13, § 1308(5), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (g)(1). Pub. L. 111–13, § 1308(7)(A), substituted
‘‘an applicant’’ for ‘‘a program applicant’’.
Subsec. (g)(2). Pub. L. 111–13, § 1308(7)(B)(i), (ii), substituted ‘‘Applicant’’ for ‘‘Program applicant’’ in heading and ‘‘applicant’’ for ‘‘program applicant’’ in introductory provisions.
Subsec. (g)(2)(A), (B). Pub. L. 111–13, § 1308(7)(B)(iii),
(iv), inserted ‘‘territory,’’ after ‘‘subdivision of a
State,’’ and substituted ‘‘or institution of higher education’’ for ‘‘institution of higher education, or Federal
agency’’.
Subsec. (h). Pub. L. 111–13, § 1308(5), (8), redesignated
subsec. (g) as (h) and amended subsec. (h) generally.
Prior to amendment, text read as follows: ‘‘The Corporation shall reject an application submitted under
this section if a project proposed to be conducted using
assistance requested by the applicant is already described in another application pending before the Corporation.’’
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.

§ 12583

TITLE 42—THE PUBLIC HEALTH AND WELFARE
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.

§ 12583. National service program assistance requirements
(a) Impact on communities
An application submitted under section 12582
of this title shall include an assurance by the
applicant that any national service program
carried out by the applicant using assistance
provided under section 12571 of this title and any
national service program supported by a grant
made by the applicant using such assistance
will—
(1) address unmet human, educational, environmental, or public safety needs through
services that provide a direct benefit to the
community in which the service is performed;
and
(2) comply with the nonduplication and nondisplacement requirements of section 12637 of
this title and the grievance procedure requirements of section 12636(f) of this title.
(b) Impact on participants
An application submitted under section 12582
of this title shall also include an assurance by
the applicant that any national service program
carried out by the applicant using assistance
provided under section 12571 of this title and any
national service program supported by a grant
made by the applicant using such assistance
will—
(1) provide participants in the national service program with the training, skills, and
knowledge necessary for the projects that participants are called upon to perform;
(2) provide support services to participants,
such as the provision of appropriate information and support—
(A) to those participants who are completing a term of service and making the
transition to other educational and career
opportunities; and
(B) to those participants who are school
dropouts in order to assist those participants in earning the equivalent of a high
school diploma; and
(3) provide, if appropriate, structured opportunities for participants to reflect on their
service experiences.
(c) Consultation
An application submitted under section 12582
of this title shall also include an assurance by
the applicant that any national service program
carried out by the applicant using assistance
provided under section 12571 of this title and any
national service program supported by a grant
made by the applicant using such assistance
will—
(1) provide in the design, recruitment, and
operation of the program for broad-based
input from—
(A) the community served, the municipality and government of the county (if appropriate) in which the community is located, and potential participants in the program; and

Page 7844

(B) community-based agencies with a demonstrated record of experience in providing
services and local labor organizations representing employees of service sponsors, if
these entities exist in the area to be served
by the program;
(2) prior to the placement of participants,
consult with the appropriate local labor organization, if any, representing employees in the
area who are engaged in the same or similar
work as that proposed to be carried out by
such program to ensure compliance with the
nondisplacement requirements specified in
section 12637 of this title; and
(3) in the case of a program that is not funded through a State (including a national service program that a nonprofit organization
seeks to operate in 2 or more States), consult
with and coordinate activities with the State
Commission for each State in which the program will operate, and the Corporation shall
obtain confirmation from the State Commission that the applicant seeking assistance
under this chapter has consulted with and coordinated with the State Commission when
seeking to operate the program in that State.
(d) Evaluation and performance goals
(1) In general
An application submitted under section 12582
of this title shall also include an assurance by
the applicant that the applicant will—
(A) arrange for an independent evaluation
of any national service program carried out
using assistance provided to the applicant
under section 12571 of this title or, with the
approval of the Corporation, conduct an internal evaluation of the program;
(B) apply measurable performance goals
and evaluation methods (such as the use of
surveys of participants and persons served),
which are to be used as part of such evaluation to determine the impact of the program—
(i) on communities and persons served by
the projects performed by the program;
(ii) on participants who take part in the
projects; and
(iii) in such other areas as the Corporation may require; and
(C) cooperate with any evaluation activities undertaken by the Corporation.
(2) Evaluation
Subject to paragraph (3), the Corporation
shall develop evaluation criteria and performance goals applicable to all national service
programs carried out with assistance provided
under section 12571 of this title.
(3) Alternative evaluation requirements
The Corporation may establish alternative
evaluation requirements for national service
programs based upon the amount of assistance
received under section 12571 of this title or received by a grant made by a recipient of assistance under such section. The determination of whether a national service program is
covered by this paragraph shall be made in
such manner as the Corporation may prescribe.

Page 7845

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(e) Living allowances and other inservice benefits
Except as provided in section 12594(c) of this
title, an application submitted under section
12582 of this title shall also include an assurance
by the applicant that the applicant will—
(1) ensure the provision of a living allowance
and other benefits specified in section 12594 of
this title to participants in any national service program carried out by the applicant using
assistance provided under section 12571 of this
title; and
(2) require that each national service program that receives a grant from the applicant
using such assistance will also provide a living
allowance and other benefits specified in section 12594 of this title to participants in the
program.
(f) Selection of participants from individuals recruited by Corporation or State Commissions
The Corporation may also require an assurance by the applicant that any national service
program carried out by the applicant using assistance provided under section 12571 of this
title and any national service program supported by a grant made by the applicant using
such assistance will select a portion of the participants for the program from among prospective participants recruited by the Corporation
or State Commissions under section 12592(d) of
this title. The Corporation may specify a minimum percentage of participants to be selected
from the national leadership pool established
under section 12592(e) of this title and may vary
the percentage for different types of national
service programs.
(Pub. L. 101–610, title I, § 131, as added Pub. L.
103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 803;
amended Pub. L. 111–13, title I, § 1309, Apr. 21,
2009, 123 Stat. 1507.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (c)(3), was in the
original ‘‘this Act’’, meaning Pub. L. 101–610, Nov. 16,
1990, 104 Stat. 3127, 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.
PRIOR PROVISIONS
A prior section 131 of Pub. L. 101–610 was renumbered
section 199J and is classified to section 12655j of this
title.
AMENDMENTS
2009—Subsec. (c)(1)(A). Pub. L. 111–13, § 1309(1), added
subpar. (A) and struck out former subpar. (A) which
read as follows: ‘‘the community served and potential
participants in the program; and’’.
Subsec. (c)(3). Pub. L. 111–13, § 1309(2), added par. (3)
and struck out former par. (3) which read as follows:
‘‘in the case of a program that is not funded through a
State, consult with and coordinate activities with the
State Commission for the State in which the program
operates.’’
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.

§ 12584

§ 12584. Ineligible service categories
(a) In general
Except as provided in subsection (b), an application submitted to the Corporation under section 12582 of this title shall include an assurance
by the applicant that any national service program carried out using assistance provided
under section 12571 of this title and any approved national service position provided to an
applicant will not be used to perform service
that provides a direct benefit to any—
(1) business organized for profit;
(2) labor union;
(3) partisan political organization;
(4) organization engaged in religious activities, unless such service does not involve the
use of assistance provided under section 12571
of this title or participants—
(A) to give religious instruction;
(B) to conduct worship services;
(C) to provide instruction as part of a program that includes mandatory religious education or worship;
(D) to construct or operate facilities devoted to religious instruction or worship or
to maintain facilities primarily or inherently devoted to religious instruction or
worship; or
(E) to engage in any form of proselytization; or
(5) nonprofit organization that fails to comply with the restrictions contained in section
501(c) of title 26, except that nothing in this
section shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative.
(b) Regional Corporation
The requirement of subsection (a) relating to
an assurance regarding direct benefits to businesses organized for profit shall not apply with
respect to a Regional Corporation, as defined in
section 3(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(g)), that is established
in accordance with such Act [43 U.S.C. 1601 et
seq.] as a for-profit corporation but that is engaging in nonprofit activities.
(Pub. L. 101–610, title I, § 132, as added Pub. L.
103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat.
805.)
REFERENCES IN TEXT
The Alaska Native Claims Settlement Act, referred
to in subsec. (b), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat.
688, as amended, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short
Title note set out under section 1601 of Title 43 and Tables.
PRIOR PROVISIONS
A prior section 132 of Pub. L. 101–610 was renumbered
section 199L and classified to section 12655k of this
title, prior to repeal by Pub. L. 103–82, § 101(e)(8)(A).

EFFECTIVE DATE

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.

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.

§ 12584a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 12584a. Prohibited activities and ineligible organizations
(a) Prohibited activities
An approved national service position under
this division may not be used for the following
activities:
(1) Attempting to influence legislation.
(2) Organizing or engaging in protests, petitions, boycotts, or strikes.
(3) Assisting, promoting, or deterring union
organizing.
(4) Impairing existing contracts for services
or collective bargaining agreements.
(5) Engaging in partisan political activities,
or other activities designed to influence the
outcome of an election to Federal office or the
outcome of an election to a State or local public office.
(6) Participating in, or endorsing, events or
activities that are likely to include advocacy
for or against political parties, political platforms, political candidates, proposed legislation, or elected officials.
(7) Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in
any form of proselytization, consistent with
section 12584 of this title.
(8) Consistent with section 12584 of this title,
providing a direct benefit to any—
(A) business organized for profit;
(B) labor union;
(C) partisan political organization;
(D) nonprofit organization that fails to
comply with the restrictions contained in
section 501(c) of title 26, except that nothing
in this paragraph shall be construed to prevent participants from engaging in advocacy
activities undertaken at their own initiative; and
(E) organization engaged in the religious
activities described in paragraph (7), unless
the position is not used to support those religious activities.
(9) Providing abortion services or referrals
for receipt of such services.
(10) Conducting a voter registration drive or
using Corporation funds to conduct a voter
registration drive.
(11) Carrying out such other activities as the
Corporation may prohibit.
(b) Ineligibility
No assistance provided under this division
may be provided to any organization that has
violated a Federal criminal statute.
(c) Nondisplacement of employed workers or
other volunteers
A participant in an approved national service
position under this division may not be directed
to perform any services or duties, or to engage
in any activities, prohibited under the nonduplication, nondisplacement, or nonsupplantation requirements relating to employees and
volunteers in section 12637 of this title.

Page 7846

(Pub. L. 101–610, title I, § 132A, as added Pub. L.
111–13, title I, § 1310, Apr. 21, 2009, 123 Stat. 1507.)
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12585. Consideration of applications
(a) Corporation consideration of certain criteria
The Corporation shall apply the criteria described in subsections (c) and (d) in determining
whether—
(1) to approve an application submitted
under section 12582 of this title and provide assistance under section 12571 of this title to the
applicant; and
(2) to approve service positions described in
the application as national service positions
that include the national service educational
award described in division D and provide such
approved national service positions to the applicant.
(b) Application to subgrants
(1) In general
A State or other entity that uses assistance
provided under section 12571(a) of this title to
support national service programs selected on
a competitive basis to receive a share of the
assistance shall use the criteria described in
subsections (c) and (d) when considering an application submitted by a national service program to receive a portion of such assistance or
an approved national service position.
(2) Contents
The application of the State or other entity
under section 12582 of this title shall contain—
(A) a certification that the State or other
entity used these criteria in the selection of
national service programs to receive assistance;
(B) a description of the positions into
which participants will be placed using such
assistance, including descriptions of specific
tasks to be performed by such participants;
and
(C) a description of the minimum qualifications that individuals shall meet to become participants in such programs.
(c) Assistance criteria
The criteria required to be applied in evaluating applications submitted under section 12582
of this title are as follows:
(1) The quality of the national service program proposed to be carried out directly by
the applicant or supported by a grant from the
applicant.
(2) The innovative aspects of the national
service program, and the feasibility of replicating the program.
(3) The sustainability of the national service
program, based on evidence such as the existence—
(A) of strong and broad-based community
support for the program; and
(B) of multiple funding sources or private
funding for the program.
(4) The quality of the leadership of the national service program, the past performance

Page 7847

TITLE 42—THE PUBLIC HEALTH AND WELFARE

of the program, and the extent to which the
program builds on existing programs.
(5) The extent to which participants of the
national service program are recruited from
among residents of the communities in which
projects are to be conducted, and the extent to
which participants and community residents
are involved in the design, leadership, and operation of the program.
(6) The extent to which projects would be
conducted in the following areas where they
are needed most:
(A) Communities designated as empowerment zones or redevelopment areas, targeted
for special economic incentives, or otherwise
identifiable as having high concentrations of
low-income people.
(B) Areas that are environmentally distressed.
(C) Areas adversely affected by Federal actions related to the management of Federal
lands that result in significant regional job
losses and economic dislocation.
(D) Areas adversely affected by reductions
in defense spending or the closure or realignment of military installations.
(E) Areas that have an unemployment rate
greater than the national average unemployment for the most recent 12 months for
which satisfactory data are available.
(7) In the case of applicants other than
States, the extent to which the application is
consistent with the application under section
12582 of this title of the State in which the
projects would be conducted.
(8) Such other criteria as the Corporation
considers to be appropriate.
(d) Other considerations
(1) Geographic diversity
The Corporation shall ensure that recipients
of assistance provided under section 12571 of
this title are geographically diverse and include projects to be conducted in those urban
and rural areas in a State with the highest
rates of poverty.
(2) Priorities
The Corporation may designate, under such
criteria as may be established by the Corporation, certain national service programs or
types of national service programs described
in subsection (a), (b), or (c) of section 12572 of
this title for priority consideration in the
competitive distribution of funds under section 12581(d) of this title. In designating national service programs to receive priority,
the Corporation may include—
(A) national service programs that—
(i) conform to the national service priorities in effect under section 12572(f) of this
title;
(ii) are innovative; and
(iii) are well established in 1 or more
States at the time of the application and
are proposed to be expanded to additional
States using assistance provided under
section 12571 of this title;
(B) grant programs in support of other national service programs if the grant pro-

§ 12585

grams are to be conducted by nonprofit organizations with demonstrated and extensive expertise in the provision of services to
meet human, educational, environmental, or
public safety needs; and
(C) professional corps programs described
in section 12572(c)(1)(D) of this title.
(3) Additional priority
In making a competitive distribution of
funds under section 12581(d) of this title, the
Corporation may give priority consideration
to a national service program that is—
(A) proposed in an application submitted
by a State Commission; and
(B) not one of the types of programs described in paragraph (2),
if the State Commission provides an adequate
explanation of the reasons why it should not
be a priority of such State to carry out any of
such types of programs in the State.
(4) Review panel
The Corporation shall—
(A) establish panels of experts for the purpose of securing recommendations on applications submitted under section 12582 of this
title for more than $250,000 in assistance, or
for national service positions that would require more than $250,000 in national service
educational awards; and
(B) consider the opinions of such panels
prior to making such determinations.
(e) Emphasis on areas most in need
In making assistance available under section
12571 of this title and in providing approved national service positions under section 12573 of
this title, the Corporation shall ensure that not
less than 50 percent of the total amount of assistance to be distributed to States under subsections (d) and (e) of section 12581 of this title
for a fiscal year is provided to carry out or support national service programs and projects
that—
(1) are conducted in any of the areas described in subsection (c)(6) or on Federal or
other public lands, to address unmet human,
educational, environmental, or public safety
needs in such areas or on such lands; and
(2) place a priority on the recruitment of
participants who are residents of any of such
areas or Federal or other public lands.
(f) Views of State Commission
In making competitive awards under section
12581(d) of this title, the Corporation shall solicit and consider the views of a State Commission regarding any application for assistance to
carry out a national service program within the
State.
(g) Rejection of State applications
(1) Notification of State applicants
If the Corporation rejects an application
submitted by a State Commission under section 12582 of this title for funds described in
section 12581(e) of this title, the Corporation
shall promptly notify the State Commission of
the reasons for the rejection of the application.
(2) Resubmission and reconsideration
The Corporation shall provide a State Commission notified under paragraph (1) with a

§ 12591

TITLE 42—THE PUBLIC HEALTH AND WELFARE

reasonable opportunity to revise and resubmit
the application. At the request of the State
Commission, the Corporation shall provide
technical assistance to the State Commission
as part of the resubmission process. The Corporation shall promptly reconsider an application resubmitted under this paragraph.
(3) Reallotment
The amount of any State’s allotment under
section 12581(e) of this title for a fiscal year
that the Corporation determines will not be
provided for that fiscal year shall be available
for distribution by the Corporation as provided in section 12581(f) of this title.
(Pub. L. 101–610, title I, § 133, as added Pub. L.
103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 805;
amended Pub. L. 111–13, title I, § 1311, Apr. 21,
2009, 123 Stat. 1509.)
PRIOR PROVISIONS
A prior section 133 of Pub. L. 101–610 was renumbered
section 199K and is classified to section 12655l of this
title.
AMENDMENTS
2009—Subsec. (b)(2)(B). Pub. L. 111–13, § 1311(1), struck
out ‘‘jobs or’’ before ‘‘positions’’.
Subsec. (d)(2). Pub. L. 111–13, § 1311(2)(A)(i), substituted ‘‘subsection (a), (b), or (c) of section 12572’’ for
‘‘section 12572(a)’’ and ‘‘section 12581(d)’’ for ‘‘section
12581(d)(2)’’ in introductory provisions.
Subsec. (d)(2)(A) to (G). Pub. L. 111–13, § 1311(2)(A)(ii),
added subpars. (A) to (C) and struck out former subpars. (A) to (G), which set forth programs the Corporation could include in designating national service programs to receive priority.
Subsec. (d)(3). Pub. L. 111–13, § 1311(2)(B), substituted
‘‘section 12581(d)’’ for ‘‘section 12581(d)(2)’’ in introductory provisions.
Subsec. (e). Pub. L. 111–13, § 1311(3), substituted ‘‘subsections (d) and (e) of section 12581’’ for ‘‘subsections (a)
and (d)(1) of section 12581’’ in introductory provisions.
Subsec. (f). Pub. L. 111–13, § 1311(6), added subsec. (f).
Former subsec. (f) redesignated (g).
Subsec. (f)(1). Pub. L. 111–13, § 1311(4)(A), substituted
‘‘section 12581(e)’’ for ‘‘section 12581(a)(1)’’.
Subsec. (f)(3). Pub. L. 111–13, § 1311(4)(B), substituted
‘‘section 12581(e)’’ for ‘‘section 12581(a)’’ and ‘‘section
12581(f) of this title’’ for ‘‘paragraph (3) of such subsection’’.
Subsec. (g). Pub. L. 111–13, § 1311(5), redesignated subsec. (f) as (g).
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
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.

PART III—NATIONAL SERVICE PARTICIPANTS
§ 12591. Description of participants
(a) In general
For purposes of this division, an individual
shall be considered to be a participant in a national service program carried out using assistance provided under section 12571 of this title if
the individual—
(1) meets such eligibility requirements, directly related to the tasks to be accomplished,
as may be established by the program;

Page 7848

(2) is selected by the program to serve in a
position with the program;
(3) is 17 years of age or older at the time the
individual begins the term of service;
(4) has received a high school diploma or its
equivalent, agrees to obtain a high school diploma or its equivalent (unless this requirement is waived based on an individual education assessment conducted by the program)
and the individual did not drop out of an elementary or secondary school to enroll in the
program, or is enrolled in an institution of
higher education on an ability to benefit basis
and is considered eligible for funds under section 1091 of title 20; and
(5) is a citizen or national of the United
States or lawful permanent resident alien of
the United States.
(b) Special rules for certain youth programs
An individual shall be considered to be a participant in a youth corps program described in
section 12572(a)(3)(B)(x) of this title that is carried out with assistance provided under section
12571(a) of this title if the individual—
(1) satisfies the requirements specified in
subsection (a), except paragraph (3) of such
subsection; and
(2) is between the ages of 16 and 25, inclusive,
at the time the individual begins the term of
service.
(c) Waiver
The Corporation may waive the requirements
of subsection (a)(4) with respect to an individual
if the program in which the individual seeks to
become a participant conducts an independent
evaluation demonstrating that the individual is
incapable of obtaining a high school diploma or
its equivalent.
(Pub. L. 101–610, title I, § 137, as added Pub. L.
103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 808;
amended Pub. L. 103–304, § 3(b)(3), Aug. 23, 1994,
108 Stat. 1567; Pub. L. 111–13, title I, § 1312, Apr.
21, 2009, 123 Stat. 1509.)
PRIOR PROVISIONS
A prior section 12591, Pub. L. 101–610, title I, § 155,
Nov. 16, 1990, 104 Stat. 3156, related to limitation on
grants for innovative and demonstration programs and
projects, prior to repeal by Pub. L. 103–82, § 104(a).
AMENDMENTS
2009—Subsec. (a)(3) to (6). Pub. L. 111–13, § 1312(1), redesignated pars. (4) to (6) as (3) to (5), respectively, and
struck out former par. (3), which read as follows: ‘‘will
serve in the program for a term of service specified in
section 12593 of this title to be performed before, during, or after attendance at an institution of higher education;’’.
Subsec. (b). Pub. L. 111–13, § 1312(2)(A), substituted
‘‘section 12572(a)(3)(B)(x)’’ for ‘‘section 12572(a)(2) of this
title or a program described in section 12572(a)(9)’’ in
introductory provisions.
Subsec. (b)(1). Pub. L. 111–13, § 1312(2)(B), substituted
‘‘paragraph (3)’’ for ‘‘paragraph (4)’’.
Subsec. (c). Pub. L. 111–13, § 1312(3), substituted
‘‘(a)(4)’’ for ‘‘(a)(5)’’.
1994—Subsec. (c). Pub. L. 103–304 substituted ‘‘subsection (a)(5)’’ for ‘‘subsection (a)(5)(A)’’.
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.

Page 7849

TITLE 42—THE PUBLIC HEALTH AND WELFARE
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.

§ 12592. Selection of national service participants
(a) Selection process
Subject to subsections (b) and (c) and section
12583(f) of this title, the actual recruitment and
selection of an individual to serve in a national
service program receiving assistance under section 12571 of this title or to fill an approved national service position shall be conducted by the
entity to which the assistance and approved national service positions are provided.
(b) Nondiscrimination and nonpolitical selection
of participants
The recruitment and selection of individuals
to serve in national service programs receiving
assistance under section 12571 of this title or to
fill approved national service positions shall be
consistent with the requirements of section
12635 of this title.
(c) Second term
Acceptance into a national service program to
serve a second term of service under section
12593 of this title shall only be available to individuals who perform satisfactorily in their first
term of service.
(d) Recruitment and placement
The Corporation and each State Commission
shall establish a system to recruit individuals
who desire to perform national service and to
assist the placement of these individuals in approved national service positions, which may include positions available under titles I and II of
the Domestic Volunteer Service Act of 1973 (42
U.S.C. 4951 et seq. [and 5000 et seq.]). The Corporation and State Commissions shall disseminate information regarding available approved
national service positions through cooperation
with secondary schools, institutions of higher
education, employment service offices, State vocational rehabilitation agencies within the
meaning of the Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.) and other State agencies that
primarily serve individuals with disabilities, and
other appropriate entities, particularly those organizations that provide outreach to disadvantaged youths and youths who are individuals
with disabilities.
(e) National leadership pool
(1) Selection and training
From among individuals recruited under
subsection (d), the Corporation may select individuals with significant leadership potential,
as determined by the Corporation, to receive
special training to enhance their leadership
ability. The leadership training shall be provided by the Corporation directly or through a
grant or contract.
(2) Emphasis on certain individuals
In selecting individuals to receive leadership
training under this subsection, the Corporation shall make special efforts to select individuals who have served—
(A) in the Peace Corps;

§ 12592

(B) as VISTA volunteers;
(C) as participants in national service programs receiving assistance under section
12571 of this title, particularly those who
were considered, at the time of their service,
disadvantaged youth;
(D) as participants in programs receiving
assistance under part D of this subchapter,
as in effect on the day before September 21,
1993; or
(E) as members of the Armed Forces of the
United States and who were honorably discharged from such service.
(3) Assignment
At the request of a program that receives assistance under the national service laws, the
Corporation may assign an individual who receives leadership training under paragraph (1)
to work with the program in a leadership position and carry out assignments not otherwise
performed by regular participants. An individual assigned to a program shall be considered to be a participant of the program.
(f) Evaluation of service
The Corporation shall issue regulations regarding the manner and criteria by which the
service of a participant shall be evaluated to determine whether the service is satisfactory and
successful for purposes of eligibility for a second
term of service or a national service educational
award.
(Pub. L. 101–610, title I, § 138, as added Pub. L.
103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 809;
amended Pub. L. 111–13, title I, § 1313, Apr. 21,
2009, 123 Stat. 1510.)
REFERENCES IN TEXT
The Domestic Volunteer Service Act of 1973, referred
to in subsec. (d), is Pub. L. 93–113, Oct. 1, 1973, 87 Stat.
394. Titles I and II of the Act are classified generally to
subchapters I (§ 4951 et seq.) and II (§ 5000 et seq.), respectively, of chapter 66 of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 4950 of this title and Tables.
The Rehabilitation Act of 1973, referred to in subsec.
(d), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which
is classified generally to chapter 16 (§ 701 et seq.) of
Title 29, Labor. For complete classification of this Act
to the Code, see Short Title note set out under section
701 of Title 29 and Tables.
Part D of this subchapter, as in effect on the day before September 21, 1993, referred to in subsec. (e)(2)(D),
means former part D of this subchapter prior to the
general amendment of subtitle D of title I of Pub. L.
101–610 [former part D of this subchapter] by Pub. L.
103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 816.
AMENDMENTS
2009—Subsec. (a). Pub. L. 111–13, § 1313(1), substituted
‘‘conducted by the entity’’ for ‘‘conducted by the State,
subdivision of a State, Indian tribe, public or private
nonprofit organization, institution of higher education,
Federal agency, or other entity’’.
Subsec. (e)(2)(C). Pub. L. 111–13, § 1313(2), inserted
‘‘, particularly those who were considered, at the time
of their service, disadvantaged youth’’ before semicolon
at end.
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.

§ 12593

TITLE 42—THE PUBLIC HEALTH AND WELFARE
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.

§ 12593. Terms of service
(a) In general
As a condition of receiving a national service
education award under division D, a participant
in an approved national service position shall be
required to perform full- or part-time national
service for at least one term of service specified
in subsection (b).
(b) Term of service
(1) Full-time service
An individual performing full-time national
service in an approved national service position shall agree to participate in the program
sponsoring the position for not less than 1,700
hours during a period of not more than 1 year.
(2) Part-time service
Except as provided in paragraph (3), an individual performing part-time national service
in an approved national service position shall
agree to participate in the program sponsoring
the position for not less than 900 hours during
a period of not more than 2 years.
(3) Reduction in hours of part-time service
The Corporation may reduce the number of
hours required to be served to successfully
complete part-time national service to a level
determined by the Corporation, except that
any reduction in the required term of service
shall include a corresponding reduction in the
amount of any national service educational
award that may be available under division D
with regard to that service.
(4) Extension of term for disaster purposes
(A) Extension
An individual in an approved national
service position performing service directly
related to disaster relief efforts may continue in a term of service for a period of 90
days beyond the period otherwise specified
in, as appropriate, this subsection or section
12613(d) of this title or in section 4954 of this
title.
(B) Single term of service
A period of service performed by an individual in an originally-agreed to 1 term of
service and service performed under this
paragraph shall constitute a single term of
service for purposes of subsections (b)(1) and
(c) of section 12602 of this title.
(C) Benefits
An individual performing service under
this paragraph may continue to receive a
living allowance and other benefits under
section 12594 of this title but may not receive an additional national service educational award under section 12595 of this
title.
(c) Release from completing term of service
(1) Release authorized
A recipient of assistance under section 12571
of this title or a program sponsoring an ap1 So

in original. Probably should be ‘‘originally-agreed-to’’.

Page 7850

proved national service position may release a
participant from completing a term of service
in the position—
(A) for compelling personal circumstances
as determined by the organization responsible for granting the release, if the participant has otherwise performed satisfactorily
and has completed at least 15 percent of the
term of service; or
(B) for cause.
(2) Effect of release for compelling circumstances
If a participant eligible for release under
paragraph (1)(A) is serving in an approved national service position, the recipient of assistance under section 12571 of this title or a program sponsoring an approved national service
position may elect—
(A) to grant such release and certify the
participant’s eligibility for that portion of
the national service educational award corresponding to the portion of the term of
service actually completed, as provided in
section 12603(c) of this title; or
(B) to permit the participant to temporarily suspend performance of the term of
service for a period of up to 2 years (and such
additional period as the Corporation may
allow for extenuating circumstances) and,
upon completion of such period, to complete
the remainder of the term of service and obtain the entire national service educational
award.
(3) Effect of release for cause
A participant released for cause may not receive any portion of the national service educational award.
(Pub. L. 101–610, title I, § 139, as added Pub. L.
103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 810;
amended Pub. L. 111–13, title I, § 1314, Apr. 21,
2009, 123 Stat. 1510.)
AMENDMENTS
2009—Subsec. (b)(1). Pub. L. 111–13, § 1314(1)(A), struck
out ‘‘not less than 9 months and’’ before ‘‘not more
than 1 year’’.
Subsec. (b)(2). Pub. L. 111–13, § 1314(1)(B), substituted
‘‘during a period of not more than 2 years.’’ for ‘‘during
a period of—
‘‘(A) not more than 2 years; or
‘‘(B) not more than 3 years if the individual is enrolled in an institute of higher education while
preforming all or a portion of the service.’’
Subsec. (b)(4). Pub. L. 111–13, § 1314(1)(C), added par.
(4).
Subsec. (c)(1)(A). Pub. L. 111–13, § 1314(2)(A), substituted ‘‘as determined by the organization responsible for granting the release, if the participant has
otherwise performed satisfactorily and has completed
at least 15 percent of the term of service’’ for ‘‘as demonstrated by the participant’’.
Subsec. (c)(2)(A). Pub. L. 111–13, § 1314(2)(B)(i), substituted ‘‘certify the participant’s eligibility for that
portion of the national service educational award’’ for
‘‘provide to the participant that portion of the national
service educational award’’.
Subsec. (c)(2)(B). Pub. L. 111–13, § 1314(2)(B)(ii), struck
out ‘‘to allow return to the program with which the individual was serving in order’’ before ‘‘to complete the
remainder’’.
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.

Page 7851

TITLE 42—THE PUBLIC HEALTH AND WELFARE
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.

§ 12594. Living allowances for national service
participants
(a) Provision of living allowance
(1) Living allowance required
Subject to paragraphs (2) and (3), a national
service program carried out using assistance
provided under section 12571 of this title shall
provide to each participant who participates
on a full-time basis in the program a living allowance in an amount equal to or greater than
the average annual subsistence allowance provided to VISTA volunteers under section 4955
of this title.
(2) Maximum living allowance
Except as provided in subsection (c), the
total amount of an annual living allowance
that may be provided to a participant in a national service program shall not exceed 200
percent of the average annual subsistence allowance provided to VISTA volunteers under
section 4955 of this title.
(3) Federal work-study students
The living allowance that may be provided
under paragraph (1) to an individual whose
term of service includes hours for which the
individual receives a Federal work-study
award under part C of title IV of the Higher
Education Act of 1965 (42 U.S.C. 2751 et seq.) 1
shall be reduced by the amount of the individual’s Federal work study award.
(4) Proration of living allowance
The amount provided as a living allowance
under this subsection shall be prorated in the
case of a participant who is authorized to
serve a term of service that is less than 12
months.
(5) Waiver or reduction of living allowance
The Corporation may waive or reduce the requirement of paragraph (1) with respect to
such national service program if such program
demonstrates that—
(A) such requirement is inconsistent with
the objectives of the program; and
(B) the amount of the living allowance
that will be provided to each full-time participant is sufficient to meet the necessary
costs of living (including food, housing, and
transportation) in the area in which the program is located.
(6) Exemption
The requirement of paragraph (1) shall not
apply to any program that was in existence on
September 21, 1993.
(b) Coverage of certain employment-related
taxes
To the extent a national service program that
receives assistance under section 12571 of this
title is subject, with respect to the participants
in the program, to the taxes imposed on an em1 See

References in Text note below.

§ 12594

ployer under sections 3111 and 3301 of title 26 and
taxes imposed on an employer under a workmen’s compensation act, the assistance provided
to the program under section 12571 of this title
may be used to pay the taxes described in this
subsection.
(c) Exception from maximum living allowance
for certain assistance
A professional corps program described in section 12572(c)(1)(D) of this title that desires to
provide a living allowance in excess of the maximum allowance authorized in subsection (a)(2)
may still apply for such assistance, except
that—
(1) any assistance provided to the applicant
under section 12571 of this title may not be
used to pay for any portion of the allowance;
and
(2) the national service program shall be operated directly by the applicant and shall
meet urgent, unmet human, educational, environmental, or public safety needs, as determined by the Corporation.
(d) Health insurance
(1) In general
A State or other recipient of assistance
under section 12571 of this title shall provide
or make available a basic health care policy
for each full-time participant in a national
service program carried out or supported using
the assistance, if the participant is not otherwise covered by a health care policy. The Corporation shall establish minimum standards
that all plans must meet in order to qualify
for payment under this part, any circumstances in which an alternative health
care policy may be substituted for the basic
health care policy, and mechanisms to prohibit participants from dropping existing coverage.
(2) Option
A State or other recipient of assistance
under section 12571 of this title may elect to
provide from its own funds or make available
a health care policy for participants that does
not meet all of the standards established by
the Corporation if the fair market value of
such policy is equal to or greater than the fair
market value of a plan that meets the minimum standards established by the Corporation, and is consistent with other applicable
laws.
(e) Child care
(1) Availability
A State or other recipient of assistance
under section 12571 of this title shall—
(A) make child care available for children
of each full-time participant who needs child
care in order to participate in a national
service program carried out or supported by
the recipient using the assistance; or
(B) provide a child care allowance to each
full-time participant in a national service
program who needs such assistance in order
to participate in the program.
(2) Guidelines
The Corporation shall establish guidelines
regarding the circumstances under which child

§ 12595

TITLE 42—THE PUBLIC HEALTH AND WELFARE

care shall be made available under this subsection and the value of any allowance to be
provided.
(f) Individualized support services
A State or other recipient of assistance under
section 12571 of this title shall provide reasonable accommodation, including auxiliary aids
and services (as defined in section 12102(1) 1 of
this title), based on the individualized need of a
participant who is a qualified individual with a
disability (as defined in section 12111(8) of this
title).
(Pub. L. 101–610, title I, § 140, as added Pub. L.
103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 811;
amended Pub. L. 111–13, title I, § 1315, Apr. 21,
2009, 123 Stat. 1511.)
REFERENCES IN TEXT
The Higher Education Act of 1965, referred to in subsec. (a)(3), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219.
Part C of title IV of the Act was formerly classified
generally to part C (§ 2751 et seq.) of subchapter I of
chapter 34 of this title prior to transfer to part C
(§ 1087–51 et seq.) of subchapter IV of chapter 28 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.
Section 12102 of this title, referred to in subsec. (f),
was amended generally by Pub. L. 110–325, § 4(a), Sept.
25, 2008, 122 Stat. 3555, and, as so amended, no longer defines ‘‘auxiliary aids and services’’. However, such term
is defined in section 12103(1) of this title.
PRIOR PROVISIONS
A prior section 140 of Pub. L. 101–610 was set out as
a note under section 12501 of this title, prior to the general amendment of subtitle D of title I of Pub. L.
101–610 [former part D of this subchapter] by Pub. L.
103–82, § 102(a).
AMENDMENTS
2009—Subsec. (a)(1). Pub. L. 111–13, § 1315(1)(A), substituted ‘‘paragraphs (2) and (3)’’ for ‘‘paragraph (3)’’.
Subsec. (a)(2), (3). Pub. L. 111–13, § 1315(1)(B)–(D),
added par. (3), redesignated former par. (3) as (2), and
struck out former par. (2). Text of former par. (2) read
as follows: ‘‘The amount of the annual living allowance
provided under paragraph (1) that may be paid using assistance provided under section 12571 of this title and
using any other Federal funds shall not exceed 85 percent of the total average annual provided to VISTA
volunteers under section 4955 of this title.’’
Subsec. (a)(4). Pub. L. 111–13, § 1315(1)(E), substituted
‘‘a term of service that is less than 12 months’’ for ‘‘a
reduced term of service under section 12593(b)(3) of this
title’’.
Subsec. (b). Pub. L. 111–13, § 1315(2), substituted ‘‘may
be used to pay the taxes described in this subsection.’’
for ‘‘shall include an amount sufficient to cover 85 percent of such taxes based upon the lesser of—
‘‘(1) the total average annual subsistence allowance
provided to VISTA volunteers under section 4955 of
this title; and
‘‘(2) the annual living allowance established by the
program.’’
Subsec. (c). Pub. L. 111–13, § 1315(3), substituted ‘‘section 12572(c)(1)(D)’’ for ‘‘section 12572(a)(8)’’ and ‘‘subsection (a)(2)’’ for ‘‘subsection (a)(3) of this section’’ in
introductory provisions, redesignated par. (3) as (2), and
struck out former par. (2) which read as follows: ‘‘the
applicant shall apply for such assistance only by submitting an application to the Corporation for assistance on a competitive basis; and’’.
Subsec. (d)(1). Pub. L. 111–13, § 1315(4)(A), substituted
‘‘shall provide or make available’’ for ‘‘shall provide’’
and struck out second sentence which read as follows:

Page 7852

‘‘Not more than 85 percent of the cost of a premium
shall be provided by the Corporation, with the remaining cost paid by the entity receiving assistance under
section 12571 of this title.’’
Subsec. (d)(2). Pub. L. 111–13, § 1315(4)(B), substituted
‘‘provide from its own funds or make available’’ for
‘‘provide from its own funds’’.
Subsecs. (g), (h). Pub. L. 111–13, § 1315(5), struck out
subsecs. (g) and (h) which allowed waiver in whole or in
part of limitation on Federal share and limited number
of terms of service for federally subsidized living allowance, respectively.
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
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.

§ 12595. National service educational awards
(a) Eligibility generally
A participant in a national service program
carried out using assistance provided to an applicant under section 12571 of this title shall be
eligible for the national service educational
award described in division D if the participant—
(1) serves in an approved national service position; and
(2) satisfies the eligibility requirements
specified in section 12602 of this title with respect to service in that approved national
service position.
(b) Special rule for VISTA volunteers
A VISTA volunteer who serves in an approved
national service position shall be ineligible for a
national service educational award if the VISTA
volunteer accepts the stipend authorized under
section 4955(a)(1) of this title.
(Pub. L. 101–610, title I, § 141, as added Pub. L.
103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat.
814.)
PRIOR PROVISIONS
A prior section 141 of Pub. L. 101–610 was classified to
section 12571 of this title prior to the general amendment of subtitle D of title I of Pub. L. 101–610 [former
part D of this subchapter] by Pub. L. 103–82, § 102(a).
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.

Division D—National Service Trust and
Provision of Educational Awards
CODIFICATION
Subtitle D of title I of Pub. L. 101–610, comprising this
division, was formerly classified to part D (§ 12571 et
seq.) of this subchapter prior to the general amendment
by Pub. L. 103–82, § 102(a).
Pub. L. 111–13, title I, § 1401(a), Apr. 21, 2009, 123 Stat.
1512, amended div. heading generally.

§ 12601. Establishment of the National Service
Trust
(a) Establishment
There is established in the Treasury of the
United States an account to be known as the

Page 7853

TITLE 42—THE PUBLIC HEALTH AND WELFARE

National Service Trust. The Trust shall consist
of—
(1) from the amounts appropriated to the
Corporation and made available to carry out
this division, such amounts as the Corporation
may designate to be available for the payment
of—
(A) national service educational awards,
summer of service educational awards, and
silver scholar educational awards; and
(B) interest expenses pursuant to section
12604(e) of this title;
(2) any amounts received by the Corporation
as gifts, bequests, devises, or otherwise pursuant to section 12651g(a)(2) of this title, if the
terms of such donations direct that the donated amounts be deposited in the National
Service Trust;
(3) any amounts recovered by the Corporation pursuant to section 12602a of this title;
and
(4) the interest on, and proceeds from the
sale or redemption of, any obligations held by
the Trust.
(b) Investment of Trust
It shall be the duty of the Secretary of the
Treasury to invest in full the amounts appropriated to the Trust. Except as otherwise expressly provided in instruments concerning a
gift, bequest, devise, or other donation and
agreed to by the Corporation, such investments
may be made only in interest-bearing obligations of the United States or in obligations
guaranteed as to both principal and interest by
the United States. For such purpose, such obligations may be acquired on original issue at the
issue price or by purchase of outstanding obligations at the market price. Any obligation acquired by the Trust may be sold by the Secretary at the market price.
(c) Expenditures from Trust
Amounts in the Trust shall be available, to
the extent provided for in advance by appropriation, for—
(1) payments of national service educational
awards, summer of service educational awards,
and silver scholar educational awards in accordance with section 12604 of this title; and
(2) payments of interest in accordance with
section 12604(e) of this title.
(d) Reports to the authorizing committees on receipts and expenditures
Not later than March 1 of each year, the Corporation shall submit a report to the authorizing committees on the financial status of the
Trust during the preceding fiscal year. Such report shall—
(1) specify the amount deposited to the Trust
from the most recent appropriation to the
Corporation, the amount received by the Corporation as gifts, bequests, devises, or otherwise pursuant to section 12651g(a)(2) of this
title during the period covered by the report,
and any amounts obtained by the Trust pursuant to subsection (a)(3);
(2) identify the number of individuals who
are currently performing service to qualify, or
have qualified, for national service educational awards, summer of service educational awards, or silver scholar awards;

§ 12601

(3) identify the number of individuals whose
expectation to receive national service educational awards, summer of service educational awards, or silver scholar awards during the period covered by the report—
(A) has been reduced pursuant to section
12603(c) of this title; or
(B) has lapsed pursuant to section 12602(d)
of this title; and
(4) estimate the number of additional approved national service positions, additional
approved summer of service positions, and additional approved silver scholar positions that
the Corporation will be able to make available
on the basis of any accumulated surplus in the
Trust above the amount required to provide
national service educational awards, summer
of service educational awards, or silver scholar
awards to individuals identified under paragraph (2), including any amounts available as
a result of the circumstances referred to in
paragraph (3).
(Pub. L. 101–610, title I, § 145, as added Pub. L.
103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 816;
amended Pub. L. 111–13, title I, § 1401(b), Apr. 21,
2009, 123 Stat. 1512.)
PRIOR PROVISIONS
A prior section 12601, Pub. L. 101–610, title I, § 156,
Nov. 16, 1990, 104 Stat. 3156, related to authority of
Commission on National and Community Service to
make grants to States or Indian tribes for creation of
innovative volunteer and community service programs,
prior to repeal by Pub. L. 103–82, § 104(a).
A prior section 145 of Pub. L. 101–610 was classified to
section 12575 of this title prior to the general amendment of subtitle D of title I of Pub. L. 101–610 [former
part D of this subchapter] by Pub. L. 103–82, § 102(a).
AMENDMENTS
2009—Subsec. (a)(1). Pub. L. 111–13, § 1401(b)(1)(A)(i),
struck out ‘‘pursuant to section 12681(a)(2) of this title’’
after ‘‘carry out this division’’ in introductory provisions.
Subsec. (a)(1)(A). Pub. L. 111–13, § 1401(b)(1)(A)(ii), inserted ‘‘, summer of service educational awards, and
silver scholar educational awards’’ after ‘‘national
service educational awards’’.
Subsec. (a)(2). Pub. L. 111–13, § 1401(b)(1)(B)(i), substituted ‘‘pursuant to section 12651g(a)(2) of this title,
if the terms of such donations direct that the donated
amounts be deposited in the National Service Trust’’
for ‘‘pursuant to section 12651g(a)(2) of this title’’.
Subsec. (a)(3), (4). Pub. L. 111–13, § 1401(b)(1)(B)(ii)–(D),
added par. (3) and redesignated former par. (3) as (4).
Subsec. (c). Pub. L. 111–13, § 1401(b)(2), substituted
‘‘for—’’ for ‘‘for payments of national service educational awards in accordance with section 12604 of this
title.’’ and added pars. (1) and (2).
Subsec. (d). Pub. L. 111–13, § 1401(b)(3)(A), (B), substituted ‘‘the authorizing committees’’ for ‘‘Congress’’
in heading and ‘‘the authorizing committees’’ for ‘‘the
Congress’’ in introductory provisions.
Subsec. (d)(2), (3). Pub. L. 111–13, § 1401(b)(3)(C), inserted ‘‘, summer of service educational awards, or silver scholar awards’’ after ‘‘national service educational
awards’’.
Subsec. (d)(4). Pub. L. 111–13, § 1401(b)(3)(C), (D), inserted ‘‘, additional approved summer of service positions, and additional approved silver scholar positions’’
after ‘‘additional approved national service positions’’,
struck out ‘‘under division C of this subchapter’’ after
‘‘make available’’, and inserted ‘‘, summer of service
educational awards, or silver scholar awards’’ after
‘‘national service educational awards’’.

§ 12601a

TITLE 42—THE PUBLIC HEALTH AND WELFARE
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
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.
SEGAL AMERICORPS EDUCATION AWARD
Pub. L. 109–234, title VII, § 7014, June 15, 2006, 120 Stat.
484, provided that: ‘‘Any national service educational
award described in subtitle D of title I of the National
and Community Service Act of 1990 (42 U.S.C. 12601 et
seq.), made with funds appropriated to, funds transferred to, or interest accumulated in the National Service Trust, shall hereafter be known as a ‘Segal
AmeriCorps Education Award’.’’

§ 12601a. Transfer of funds; notice to Congress
For fiscal year 2009 and thereafter, in addition
to amounts otherwise provided to the National
Service Trust, at no later than the end of the
fifth fiscal year after the fiscal year for which
funds are appropriated or otherwise made available, unobligated balances of appropriations
available for grants under the National Service
Trust Program under subtitle C of title I of the
1990 Act [42 U.S.C. 12571 et seq.] during such fiscal year may be transferred to the National
Service Trust after notice is transmitted to the
Committees on Appropriations of the House of
Representatives and the Senate, if such funds
are initially obligated before the expiration of
their period of availability.
(Pub. L. 111–8, div. F, title IV, § 409, Mar. 11, 2009,
123 Stat. 796.)
REFERENCES IN TEXT
The 1990 Act, referred to in text, is Pub. L. 101–610,
Nov. 16, 1990, 104 Stat. 3127, known as the National and
Community Service Act of 1990. Subtitle C of title I of
the Act is classified generally to division C (§ 12571 et
seq.) 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.
CODIFICATION
Section was enacted as part of the appropriation act
cited as the credit to this section, and not as part of
the National and Community Service Act of 1990 which
comprises this chapter.
SIMILAR PROVISIONS
Similar provisions were contained in the following
prior appropriation act:
Pub. L. 110–161, div. G, title IV, Dec. 26, 2007, 121 Stat.
2200.

§ 12602. Individuals eligible to receive an educational award from the Trust
(a) Eligible individuals
An individual shall receive a national service
educational award, summer of service educational award, or silver scholar educational
award from the National Service Trust if the organization responsible for the individual’s supervision in a national service program certifies
that the individual—
(1) met the applicable eligibility requirements for the approved national service posi-

Page 7854

tion, approved silver scholar position, or approved summer of service position, as appropriate, in which the individual served;
(2)(A) for a full-time or part-time national
service educational award, successfully completed the required term of service described
in subsection (b)(1) in the approved national
service position;
(B) for a partial educational award in accordance with section 12593(c) of this title—
(i) satisfactorily performed prior to being
granted a release for compelling personal
circumstances under such section; and
(ii) completed at least 15 percent of the required term of service described in subsection (b) for the approved national service
position;
(C) for a summer of service educational
award, successfully completed the required
term of service described in subsection (b)(2)
in an approved summer of service position, as
certified through a process determined by the
Corporation through regulations consistent
with section 12592(f) of this title; or
(D) for a silver scholar educational award,
successfully completed the required term of
service described in subsection (b)(3) in an approved silver scholar position, as certified
through a process determined by the Corporation through regulations consistent with section 12592(f) of this title; and
(3) is a citizen or national of the United
States or lawful permanent resident alien of
the United States.
(b) Term of service
(1) Approved national service position
The term of service for an approved national
service position shall not be less than the fullor part-time term of service specified in section 12593(b) of this title.
(2) Approved summer of service position
The term of service for an approved summer
of service position shall not be less than 100
hours of service during the summer months.
(3) Approved silver scholar position
The term of service for an approved silver
scholar position shall be not less than 350
hours during a 1-year period.
(c) Limitation on receipt of national service educational awards
An individual may not receive, through national service educational awards and silver
scholar educational awards, more than an
amount equal to the aggregate value of 2 such
awards for full-time service. The value of summer of service educational awards that an individual receives shall have no effect on the aggregate value of the national service educational
awards the individual may receive.
(d) Time for use of educational award
(1) In general
Subject to paragraph (2), an individual eligible to receive a national service educational
award or a silver scholar educational award
under this section may not use such award
after the end of the 7-year period beginning on
the date the individual completes the term of

Page 7855

TITLE 42—THE PUBLIC HEALTH AND WELFARE

service in an approved national service position or an approved silver scholar position, as
applicable, that is the basis of the award. Subject to paragraph (2), an individual eligible to
receive a summer of service educational award
under this section may not use such award
after the end of the 10-year period beginning
on the date the individual completes the term
of service in an approved summer of service
position that is the basis of the award.
(2) Exception
The Corporation may extend the period
within which an individual may use a national
service educational award, summer of service
educational award, or silver scholar educational award if the Corporation determines
that the individual—
(A) was unavoidably prevented from using
the national service educational award, summer of service educational award, or silver
scholar educational award during the original 7-year period, or 10-year period, as appropriate; or
(B) performed another term of service in
an approved national service position, approved summer of service position, or approved silver scholar position during that
period.
(3) Term for transferred educational awards
For purposes of applying paragraphs (1) and
(2)(A) to an individual who is eligible to receive an educational award as a designated individual (as defined in section 12604(f)(8) of this
title), references to a seven-year period shall
be considered to be references to a 10-year period that begins on the date the individual
who transferred the educational award to the
designated individual completed the term of
service in the approved national service position or approved silver scholar position that is
the basis of the award.
(e) Suspension of eligibility for drug-related offenses
(1) In general
An individual who, after qualifying under
this section or under section 12563(c)(8) of this
title as an eligible individual, has been convicted under any Federal or State law of the
possession or sale of a controlled substance
shall not be eligible to receive a national service educational award, a summer of service
educational award, or a silver scholar educational award during the period beginning on
the date of such conviction and ending after
the interval specified in the following table:
If convicted of:
The possession of a controlled substance:
1st conviction .................
2nd conviction ................
3rd conviction .................
The sale of a controlled substance:
1st conviction .................
2nd conviction ................

Ineligibility period is:
1 year
2 years
indefinite

2 years
indefinite

(2) Rehabilitation
An individual whose eligibility has been suspended under paragraph (1) shall resume eligi-

§ 12602

bility before the end of the period determined
under such paragraph if the individual satisfactorily completes a drug rehabilitation program that complies with such criteria as the
Corporation shall prescribe for purposes of
this paragraph.
(3) First convictions
An individual whose eligibility has been suspended under paragraph (1) and is convicted of
a first offense may resume eligibility before
the end of the period determined under such
paragraph if the individual demonstrates that
he or she has enrolled or been accepted for enrollment in a drug rehabilitation program described in paragraph (2).
(4) ‘‘Controlled substance’’ defined
As used in this subsection, the term ‘‘controlled substance’’ has the meaning given in
section 802(6) of title 21.
(5) Effective date
This subsection shall be effective upon publication by the Corporation in the Federal Register of criteria prescribed under paragraph
(2).
(f) Authority to establish demonstration programs
The Corporation may establish by regulation
demonstration programs for the creation and
evaluation of innovative volunteer and community service programs.
(Pub. L. 101–610, title I, § 146, as added Pub. L.
103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 818;
amended Pub. L. 103–304, § 3(b)(4), Aug. 23, 1994,
108 Stat. 1567; Pub. L. 111–13, title I, § 1402, Apr.
21, 2009, 123 Stat. 1512.)
PRIOR PROVISIONS
A prior section 12602, Pub. L. 101–610, title I, § 157,
Nov. 16, 1990, 104 Stat. 3156; Pub. L. 102–10, § 7, Mar. 12,
1991, 105 Stat. 31, related to grant applications, awards,
and uses, prior to repeal by Pub. L. 103–82, § 104(a).
A prior section 146 of Pub. L. 101–610 was classified to
section 12576 of this title prior to the general amendment of subtitle D of title I of Pub. L. 101–610 [former
part D of this subchapter] by Pub. L. 103–82, § 102(a).
AMENDMENTS
2009—Pub. L. 111–13, § 1402(1), substituted section
catchline for former section catchline.
Subsec. (a). Pub. L. 111–13, § 1402(2)(A), inserted
‘‘, summer of service educational award, or silver
scholar educational award’’ after ‘‘national service educational award’’ and substituted ‘‘if the organization
responsible for the individual’s supervision in a national service program certifies that the individual’’
for ‘‘if the individual’’ in introductory provisions.
Subsec. (a)(1), (2). Pub. L. 111–13, § 1402(2)(B), added
pars. (1) and (2) and struck out former pars. (1) and (2),
which read as follows:
‘‘(1) successfully completes the required term of service described in subsection (b) of this section in an approved national service position;
‘‘(2) was 17 years of age or older at the time the individual began serving in the approved national service
position or was an out-of-school youth serving in an approved national service position with a youth corps
program described in section 12572(a)(2) of this title or
a program described in section 12572(a)(9) of this title;’’.
Subsec. (a)(3), (4). Pub. L. 111–13, § 1402(2)(B), (C), redesignated par. (4) as (3) and struck out former par. (3),
which read as follows: ‘‘at the time the individual uses
the national service educational award—

§ 12602a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘(A) has received a high school diploma, or the
equivalent of such diploma;
‘‘(B) is enrolled at an institution of higher education on the basis of meeting the standard described
in paragraph (1) or (2) of subsection (a) of section 1091
of title 20 and meets the requirements of subsection
(a) of such section; or
‘‘(C) has received a waiver described in section
12591(c) of this title; and’’.
Subsec. (b). Pub. L. 111–13, § 1402(3), designated existing provisions as par. (1), inserted par. (1) heading, and
added pars. (2) and (3).
Subsec. (c). Pub. L. 111–13, § 1402(4), added subsec. (c)
and struck out former subsec. (c). Prior to amendment,
text read as follows: ‘‘Although an individual may
serve more than 2 terms of service described in subsection (b) of this section in an approved national service position, the individual shall receive a national
service educational award from the National Service
Trust only on the basis of the first and second of such
terms of service.’’
Subsec. (d)(1). Pub. L. 111–13, § 1402(5)(A)(i), substituted ‘‘In general’’ for ‘‘Seven-year requirement’’ in
heading.
Pub. L. 111–13, § 1402(5)(A)(ii)–(v), substituted ‘‘Subject
to paragraph (2), an’’ for ‘‘An’’ and inserted ‘‘or a silver
scholar educational award’’ after ‘‘national service educational award’’, ‘‘or an approved silver scholar position, as applicable,’’ after ‘‘approved national service
position’’, and ‘‘Subject to paragraph (2), an individual
eligible to receive a summer of service educational
award under this section may not use such award after
the end of the 10-year period beginning on the date the
individual completes the term of service in an approved
summer of service position that is the basis of the
award.’’ at end.
Subsec. (d)(2). Pub. L. 111–13, § 1402(5)(B)(i), inserted
‘‘, summer of service educational award, or silver
scholar educational award’’ after ‘‘national service educational award’’ in introductory provisions.
Subsec. (d)(2)(A). Pub. L. 111–13, § 1402(5)(B)(i), (ii), inserted ‘‘, summer of service educational award, or silver scholar educational award’’ after ‘‘national service
educational award’’ and ‘‘, or 10-year period, as appropriate’’ after ‘‘7-year period’’.
Subsec. (d)(2)(B). Pub. L. 111–13, § 1402(5)(B)(iii), inserted ‘‘, approved summer of service position, or approved silver scholar position’’ after ‘‘approved national service position’’.
Subsec. (d)(3). Pub. L. 111–13, § 1402(5)(C), added par.
(3).
Subsec. (e)(1). Pub. L. 111–13, § 1402(6), inserted ‘‘or
under section 12563(c)(8) of this title’’ after ‘‘qualifying
under this section’’ and ‘‘, a summer of service educational award, or a silver scholar educational award’’
after ‘‘to receive a national service educational
award’’.
1994—Subsec. (a)(3). Pub. L. 103–304 struck out second
par. (3) which read as follows: ‘‘has received a high
school diploma, or the equivalent of such diploma, at
the time the individual uses the national service educational award, unless this requirement has been
waived based on an individual education assessment
conducted by the program; and’’.
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
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.
STUDY TO EVALUATE THE EFFECTIVENESS OF AGENCY
COORDINATION
Pub. L. 111–13, title I, § 1711, Apr. 21, 2009, 123 Stat.
1550, provided that:

Page 7856

‘‘(a) STUDY.—In order to reduce administrative burdens and lower costs for national service programs carried out under the national service laws, the Corporation shall conduct a study to determine the feasibility
and effectiveness of implementing a data matching system under which the statements of an individual declaring that such individual is in compliance with the
requirements of section 146(a)(3) of the National and
Community Service Act of 1990 (42 U.S.C. 12602(a)(3))
shall be verified by the Corporation by comparing information provided by the individual with information
relevant to such a declaration in the possession of
other Federal agencies. Such study shall—
‘‘(1) review the feasibility of—
‘‘(A) expanding, and participating in, the data
matching conducted by the Department of Education with the Social Security Administration and
the Department of Homeland Security, pursuant to
section 484(g) of the Higher Education Act of 1965
(20 U.S.C. 1091(g)); or
‘‘(B) establishing a comparable system of data
matching with the Social Security Administration
and the Department of Homeland Security; and
‘‘(2) identify—
‘‘(A) the costs, for both the Corporation and the
other Federal agencies identified in paragraph (1),
associated with expanding or establishing such a
system of data matching;
‘‘(B) the benefits or detriments of such an expanded or comparable system both for the Corporation and for the other Federal agencies so identified;
‘‘(C) strategies for ensuring the privacy and security of participant information that is shared between Federal agencies and organizations receiving
assistance under the national service laws;
‘‘(D) the information that needs to be shared in
order to fulfill the eligibility requirements of section 146(a)(3) of the National and Community Service Act of 1990 (42 U.S.C. 12602(a)(3));
‘‘(E) an alternative system through which an individual’s compliance with section 146(a)(3) of such
Act may be verified, should such an expanded or
comparable system fail to verify the individual’s
declaration of compliance; and
‘‘(F) recommendations for implementation of
such an expanded or comparable system.
‘‘(b) CONSULTATION.—The Corporation shall carry out
the study in consultation with the Secretary of Education, the Commissioner of the Social Security Administration, the Secretary of Homeland Security, and
other Federal agencies, entities, and individuals that
the Corporation considers appropriate.
‘‘(c) REPORT.—Not later than 9 months after the effective date of this Act [for general effective date of
Pub. L. 111–13 as Oct. 1, 2009, see Effective Date of 2009
Amendment note under section 4950 of this title], the
Corporation shall submit to the authorizing committees a report on the results of the study required by
subsection (a) and a plan for implementation of a pilot
data matching program using promising strategies and
approaches identified in such study, if the Corporation
determines such program to be feasible.
‘‘(d) PILOT PROGRAM.—From amounts made available
to carry out this section, the Corporation may develop
and carry out a pilot data matching program based on
the report submitted under subsection (c).
‘‘(e) DEFINITIONS.—In this section, the terms ‘Corporation’, ‘authorizing committees’, and ‘national service laws’ have the meanings given the terms in section
101 of the National and Community Service Act of 1990
(42 U.S.C. 12511).’’

§ 12602a. Certifications of successful completion
of terms of service
(a) Certifications
In making any authorized disbursement from
the National Service Trust in regard to an eligi-

Page 7857

TITLE 42—THE PUBLIC HEALTH AND WELFARE

ble individual (including disbursement for a designated individual, as defined in section
12604(f)(8) of this title, due to the service of an
eligible individual) under section 12602 of this
title who served in an approved national service
position, an approved summer of service position, or an approved silver scholar position, the
Corporation shall rely on a certification. The
certification shall be made by the entity that
selected the individual for and supervised the individual in the approved national service position in which such individual successfully completed a required term of service, in a national
service program.
(b) Effect of erroneous certifications
If the Corporation determines that the certification under subsection (a) is erroneous or incorrect, the Corporation shall assess against the
national service program a charge for the
amount of any associated payment or potential
payment from the National Service Trust. In assessing the amount of the charge, the Corporation shall consider the full facts and circumstances surrounding the erroneous or incorrect certification.
(Pub. L. 101–610, title I, § 146A, as added Pub. L.
111–13, title I, § 1403, Apr. 21, 2009, 123 Stat. 1514.)
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12603. Determination of the amount of the educational award
(a) Amount for full-time national service
Except as provided in subsection (c), an individual described in section 12602(a) of this title
who successfully completes a required term of
full-time national service in an approved national service position shall receive a national
service educational award having a value equal
to the maximum amount of a Federal Pell Grant
under section 1070a of title 20 that a student eligible for such Grant may receive in the aggregate (without regard to whether the funds are
provided through discretionary or mandatory
appropriations), for the award year for which
the national service position is approved by the
Corporation.
(b) Amount for part-time national service
Except as provided in subsection (c), an individual described in section 12602(a) of this title
who successfully completes a required term of
part-time national service in an approved national service position shall receive a national
service educational award having a value equal
to 50 percent of value of the national service
educational award determined under subsection
(a).
(c) Award for partial completion of service
If an individual serving in an approved national service position is released in accordance
with section 12593(c)(1)(A) of this title from completing the full-time or part-time term of service agreed to by the individual, the Corporation
may provide the individual with that portion of
the national service educational award approved

§ 12604

for the individual that corresponds to the quantity of the term of service actually completed by
the individual.
(d) Amount for summer of service
An individual described in section 12602(a) of
this title who successfully completes a required
summer of service term shall receive a summer
of service educational award having a value, for
each of not more than 2 of such terms of service,
equal to $500 (or, at the discretion of the Chief
Executive Officer, equal to $750 in the case of a
participant who is economically disadvantaged).
(e) Amount for silver scholars
An individual described in section 12602(a) of
this title who successfully completes a required
silver scholar term shall receive a silver scholar
educational award having a value of $1,000.
(Pub. L. 101–610, title I, § 147, as added Pub. L.
103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 819;
amended Pub. L. 111–13, title I, § 1404, Apr. 21,
2009, 123 Stat. 1515.)
AMENDMENTS
2009—Pub. L. 111–13, § 1404(1), substituted section
catchline for former section catchline.
Subsec. (a). Pub. L. 111–13, § 1404(2), amended subsec.
(a) generally. Prior to amendment, text read as follows:
‘‘Except as provided in subsection (c) of this section, an
individual described in section 12602(a) of this title who
successfully completes a required term of full-time national service in an approved national service position
shall receive a national service educational award having a value, for each of not more than 2 of such terms
of service, equal to 90 percent of—
‘‘(1) one-half of an amount equal to the aggregate
basic educational assistance allowance provided in
section 3015(b)(1) of title 38 (as in effect on July 28,
1993), for the period referred to in section 3013(a)(1) of
such title (as in effect on July 28, 1993), for a member
of the Armed Forces who is entitled to such an allowance under section 3011 of such title and whose initial
obligated period of active duty is 2 years; less
‘‘(2) one-half of the aggregate basic contribution required to be made by the member in section 3011(b) of
such title (as in effect on July 28, 1993).’’
Subsec. (b). Pub. L. 111–13, § 1404(3), struck out ‘‘, for
each of not more than 2 of such terms of service,’’ after
‘‘having a value’’.
Subsecs. (d), (e). Pub. L. 111–13, § 1404(4), added subsecs. (d) and (e).
PRIOR PROVISIONS
A prior section 147 of Pub. L. 101–610 was classified to
section 12577 of this title prior to the general amendment of subtitle D of title I of Pub. L. 101–610 [former
part D of this subchapter] by Pub. L. 103–82, § 102(a).
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
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.

§ 12604. Disbursement of educational awards
(a) In general
Amounts in the Trust shall be available—
(1) to repay student loans in accordance with
subsection (b);
(2) to pay all or part of the cost of attendance or other educational expenses at an insti-

§ 12604

TITLE 42—THE PUBLIC HEALTH AND WELFARE

tution of higher education in accordance with
subsection (c);
(3) to pay expenses incurred in participating
in an approved school-to-work program in accordance with subsection (d);
(4) to pay expenses incurred in enrolling in
an educational institution or training establishment that is approved under chapter 36 of
title 38, or other applicable provisions of law,
for offering programs of education, apprenticeship, or on-job training for which educational
assistance may be provided by the Secretary
of Veterans Affairs; and
(5) to pay interest expenses in accordance
with regulations prescribed pursuant to subsection (e).
(b) Use of educational award to repay outstanding student loans
(1) Application by eligible individuals
An eligible individual under section 12602 of
this title who desires to apply the national
service educational award of the individual, an
eligible individual under section 12602(a) of
this title who served in a summer of service
program and desires to apply that individual’s
summer of service educational award, or an eligible individual under section 12602(a) of this
title who served in a silver scholar program
and desires to apply that individual’s silver
scholar educational award, to the repayment
of qualified student loans shall submit, in a
manner prescribed by the Corporation, an application to the Corporation that—
(A) identifies, or permits the Corporation
to identify readily, the holder or holders of
such loans;
(B) indicates, or permits the Corporation
to determine readily, the amounts of principal and interest outstanding on the loans;
(C) specifies, if the outstanding balance is
greater than the amount disbursed under
paragraph (2), which of the loans the individual prefers to be paid by the Corporation;
and
(D) contains or is accompanied by such
other information as the Corporation may
require.
(2) Disbursement of repayments
Upon receipt of an application from an eligible individual of an application that complies
with paragraph (1), the Corporation shall, as
promptly as practicable consistent with paragraph (5), disburse the amount of the national
service educational award, the summer of
service educational award, or the silver scholar educational award, as applicable, that the
eligible individual has earned. Such disbursement shall be made by check or other means
that is payable to the holder of the loan and
requires the endorsement or other certification by the eligible individual.
(3) Application of disbursed amounts
If the amount disbursed under paragraph (2)
is less than the principal and accrued interest
on any qualified student loan, such amount
shall be applied according to the specified priorities of the individual.
(4) Reports by holders
Any holder receiving a loan payment pursuant to this subsection shall submit to the Cor-

Page 7858

poration such information as the Corporation
may require to verify that such payment was
applied in accordance with this subsection and
any regulations prescribed to carry out this
subsection.
(5) Notification of individual
The Corporation upon disbursing the national service educational award, the summer
of service educational award, or the silver
scholar educational award, as applicable, shall
notify the individual of the amount paid for
each outstanding loan and the date of payment.
(6) Authority to aggregate payments
The Corporation may, by regulation, provide
for the aggregation of payments to holders
under this subsection.
(7) ‘‘Qualified student loans’’ defined
As used in this subsection, the term ‘‘qualified student loans’’ means—
(A) any loan made, insured, or guaranteed
pursuant to title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.), other than
a loan to a parent of a student pursuant to
section 428B of such Act (20 U.S.C. 1078–2);
(B) any loan made pursuant to title VII or
VIII of the Public Health Service Act [42
U.S.C. 292 et seq., 296 et seq.]; and
(C) any loan (other than a loan described
in subparagraph (A) or (B)) determined by an
institution of higher education to be necessary to cover a student’s educational expenses and made, insured, or guaranteed
by—
(i) an eligible lender, as defined in section 435 of the Higher Education Act of
1965 (20 U.S.C. 1085);
(ii) the direct student loan program
under part D of title IV of such Act (20
U.S.C. 1087a et seq.);
(iii) a State agency; or
(iv) a lender otherwise determined by the
Corporation to be eligible to receive disbursements from the National Service
Trust.
(8) ‘‘Holder’’ defined
As used in this subsection, the term ‘‘holder’’ with respect to any eligible loan means
the original lender or, if the loan is subsequently sold, transferred, or assigned to some
other person, and such other person acquires a
legally enforceable right to receive payments
from the borrower, such other person.
(c) Use of educational awards to pay current
educational expenses
(1) Application by eligible individual
An eligible individual under section 12602 of
this title who desires to apply the individual’s
national service educational award, an eligible
individual under section 12602(a) of this title
who desires to apply the individual’s summer
of service educational award, or an eligible individual under section 12602(a) of this title
who served in a silver scholar program and desires to apply that individual’s silver scholar
educational award, to the payment of current
full-time or part-time educational expenses

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

shall, on a form prescribed by the Corporation,
submit an application to the institution of
higher education in which the student will be
enrolled that contains such information as the
Corporation may require to verify the individual’s eligibility.
(2) Submission of requests for payment by institutions
An institution of higher education that receives one or more applications that comply
with paragraph (1) shall submit to the Corporation a statement, in a manner prescribed
by the Corporation, that—
(A) identifies each eligible individual filing
an application under paragraph (1) for a disbursement of the individual’s national service educational award, summer of service
educational award, or silver scholar educational award, as applicable, under this
subsection;
(B) specifies the amounts for which such
eligible individuals are, consistent with
paragraph (6), qualified for disbursement
under this subsection;
(C) certifies that—
(i) the institution of higher education
has in effect a program participation
agreement under section 487 of the Higher
Education Act of 1965 (20 U.S.C. 1094);
(ii) the institution’s eligibility to participate in any of the programs under title
IV of such Act (20 U.S.C. 1070 et seq.) has
not been limited, suspended, or terminated; and
(iii) individuals using national service
educational awards, summer of service
educational awards, or silver scholar educational awards, as applicable, received
under this division to pay for educational
costs do not comprise more than 15 percent
of the total student population of the institution; and
(D) contains such provisions concerning financial compliance as the Corporation may
require.
(3) Disbursement of payments
Upon receipt of a statement from an institution of higher education that complies with
paragraph (2), the Corporation shall, subject
to paragraph (4), disburse the total amount of
the national service educational awards 1 summer of service educational awards, or silver
scholar educational awards for which eligible
individuals who have submitted applications
to that institution under paragraph (1) are
scheduled to receive. Such disbursement shall
be made by check or other means that is payable to the institution and requires the endorsement or other certification by the eligible individual.
(4) Multiple disbursements required
The total amount required to be disbursed to
an institution of higher education under paragraph (3) for any period of enrollment shall be
disbursed by the Corporation in 2 or more installments, none of which exceeds 1⁄2 of such
1 So

in original. Probably should be followed by a comma.

§ 12604

total amount. The interval between the first
and second such installment shall not be less
than 1⁄2 of such period of enrollment, except as
necessary to permit the second installment to
be paid at the beginning of the second semester, quarter, or similar division of such period
of enrollment.
(5) Refund rules
The Corporation shall, by regulation, provide for the refund to the Corporation (and the
crediting to the national service educational
award, summer of service educational award,
or silver scholar educational award, as applicable, of an eligible individual) of amounts
disbursed to institutions for the benefit of eligible individuals who withdraw or otherwise
fail to complete the period of enrollment for
which the assistance was provided. Such regulations shall be consistent with the fair and
equitable refund policies required of institutions pursuant to section 484B of the Higher
Education Act of 1965 (20 U.S.C. 1091b).
Amounts refunded to the Trust pursuant to
this paragraph may be used by the Corporation to fund additional approved national service positions under division C, additional approved summer of service positions, and additional approved silver scholar positions.
(6) Maximum award
The portion of an eligible individual’s total
available national service educational award,
summer of service educational award, or silver
scholar educational award that may be disbursed under this subsection for any period of
enrollment shall not exceed the difference between—
(A) the eligible individual’s cost of attendance and other educational expenses for such
period of enrollment, determined in accordance with section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll); and
(B) the student’s estimated financial assistance for such period under part A of title
IV of such Act (20 U.S.C. 1070 et seq.).
(d) Use of educational award to participate in
approved school-to-work programs
The Corporation shall by regulation provide
for the payment of national service educational
awards, summer of service educational awards,
and silver scholar educational awards to permit
eligible individuals to participate in school-towork programs approved by the Secretaries of
Labor and Education.
(e) Interest payments during forbearance on
loan repayment
The Corporation shall provide by regulation
for the payment on behalf of an eligible individual of interest that accrues during a period
for which such individual has obtained forbearance in the repayment of a qualified student
loan (as defined in subsection (b)(7)), if the eligible individual successfully completes the individual’s required term of service (as determined
under section 12602(b) of this title). Such regulations shall be prescribed after consultation with
the Secretary of Education.

§ 12604

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(f) Transfer of educational awards
(1) In general
An individual who is eligible to receive a national service educational award or silver
scholar educational award due to service in a
program described in paragraph (2) may elect
to receive the award (in the amount described
in the corresponding provision of section 12603
of this title) and transfer the award to a designated individual. Subsections (b), (c), and (d)
shall apply to the designated individual in lieu
of the individual who is eligible to receive the
national service educational award or silver
scholar educational award, except that
amounts refunded to the account under subsection (c)(5) on behalf of a designated individual may be used by the Corporation to fund
additional placements in the national service
program in which the eligible individual who
transferred the national service educational
award or silver scholar educational award participated for such award.
(2) Conditions for transfer
An educational award may be transferred
under this subsection if—
(A)(i) the award is a national service educational award for service in a national service program that receives a grant under division C; and
(ii) before beginning the term of service involved, the eligible individual is age 55 or
older; or
(B) the award is a silver scholarship educational award under section 12653c(a) of this
title.
(3) Modification or revocation
(A) In general
An individual transferring an educational
award under this subsection may, on any
date on which a portion of the educational
award remains unused, modify or revoke the
transfer of the educational award with respect to that portion.
(B) Notice
A modification or revocation of the transfer of an educational award under this paragraph shall be made by the submission of
written notice to the Corporation.
(4) Prohibition on treatment of transferred
award as marital property
An educational award transferred under this
subsection may not be treated as marital
property, or the asset of a marital estate, subject to division in a divorce or other civil proceeding.
(5) Death of transferor
The death of an individual transferring an
educational award under this subsection shall
not affect the use of the educational award by
the child, foster child, or grandchild to whom
the educational award is transferred if such
educational award is transferred prior to the
death of the individual.
(6) Procedures to prevent waste, fraud, or
abuse
The Corporation shall establish requirements to prevent waste, fraud, or abuse in con-

Page 7860

nection with the transfer of an educational
award and to protect the integrity of the educational award under this subsection.
(7) Technical assistance
The Corporation may, as appropriate, provide technical assistance, to individuals and
eligible entities carrying out national service
programs, concerning carrying out this subsection.
(8) Definition of a designated individual
In this subsection, the term ‘‘designated individual’’ is an individual—
(A) whom an individual who is eligible to
receive a national service educational award
or silver scholar educational award due to
service in a program described in paragraph
(2) designates to receive the educational
award;
(B) who meets the eligibility requirements
of paragraphs (3) and (4) of section 12602(a) of
this title; and
(C) who is a child, foster child, or grandchild of the individual described in subparagraph (A).
(g) Exception
With the approval of the Chief Executive Officer, an approved national service program funded under section 12571 of this title, may offer
participants the option of waiving their right to
receive a national service educational award,
summer of service educational award, or silver
scholar educational award, as appropriate, in
order to receive an alternative post-service benefit funded by the program entirely with nonFederal funds.
(h) ‘‘Institution of higher education’’ defined
Notwithstanding section 12511 of this title, for
purposes of this section the term ‘‘institution of
higher education’’ has the meaning provided by
section 102 of the Higher Education Act of 1965
[20 U.S.C. 1002].
(Pub. L. 101–610, title I, § 148, as added Pub. L.
103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 820;
amended Pub. L. 105–244, title I, § 102(c)(2), Oct. 7,
1998, 112 Stat. 1622; Pub. L. 111–13, title I, § 1405,
Apr. 21, 2009, 123 Stat. 1515.)
REFERENCES IN TEXT
The Higher Education Act of 1965, referred to in subsecs. (b)(7)(A), (C)(ii) and (c)(2)(C)(ii), (6)(B), is Pub. L.
89–329, Nov. 8, 1965, 79 Stat. 1219. Title IV of the Act is
classified generally to subchapter IV (§ 1070 et seq.) of
chapter 28 of Title 20, Education. Parts A and D of title
IV of the Act are classified generally to parts A (§ 1070
et seq.) and D (§ 1087a et seq.), respectively, of subchapter IV of chapter 28 of Title 20. For complete classification of this Act to the Code, see Short Title note
set out under section 1001 of Title 20 and Tables.
The Public Health Service Act, referred to in subsec.
(b)(7)(B), is act July 1, 1944, ch. 373, 58 Stat. 682. Titles
VII and VIII of the Act are classified generally to subchapters V (§ 292 et seq.) and VI (§ 296 et seq.), respectively, of chapter 6A of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 201 of this title and Tables.
PRIOR PROVISIONS
A prior section 148 of Pub. L. 101–610 was classified to
section 12578 of this title prior to the general amendment of subtitle D of title I of Pub. L. 101–610 [former
part D of this subchapter] by Pub. L. 103–82, § 102(a).

Page 7861

TITLE 42—THE PUBLIC HEALTH AND WELFARE
AMENDMENTS

2009—Pub. L. 111–13, § 1405(1), substituted section
catchline for former section catchline.
Subsec. (a)(2) to (5). Pub. L. 111–13, § 1405(2), substituted ‘‘cost of attendance or other educational expenses’’ for ‘‘cost of attendance’’ in par. (2), added par.
(4), and redesignated former par. (4) as (5).
Subsec. (b)(1). Pub. L. 111–13, § 1405(3)(A), inserted
‘‘, an eligible individual under section 12602(a) of this
title who served in a summer of service program and
desires to apply that individual’s summer of service
educational award, or an eligible individual under section 12602(a) of this title who served in a silver scholar
program and desires to apply that individual’s silver
scholar educational award,’’ after ‘‘the national service
educational award of the individual’’ in introductory
provisions.
Subsec. (b)(2). Pub. L. 111–13, § 1405(3)(B), inserted
‘‘, the summer of service educational award, or the silver scholar educational award, as applicable,’’ after
‘‘the national service educational award’’.
Subsec. (b)(5). Pub. L. 111–13, § 1405(3)(C), inserted
‘‘, the summer of service educational award, or the silver scholar educational award, as applicable’’ after
‘‘the national service educational award’’.
Subsec. (b)(7)(C). Pub. L. 111–13, § 1405(3)(D), added
subpar. (C).
Subsec. (c)(1). Pub. L. 111–13, § 1405(4)(A), inserted
‘‘, an eligible individual under section 12602(a) of this
title who desires to apply the individual’s summer of
service educational award, or an eligible individual
under section 12602(a) of this title who served in a silver
scholar program and desires to apply that individual’s
silver scholar educational award,’’ after ‘‘national service educational award’’.
Subsec. (c)(2)(A). Pub. L. 111–13, § 1405(4)(B)(i), inserted ‘‘, summer of service educational award, or silver scholar educational award, as applicable,’’ after
‘‘national service educational award’’.
Subsec. (c)(2)(C)(iii). Pub. L. 111–13, § 1405(4)(B)(ii), inserted ‘‘, summer of service educational awards, or silver scholar educational awards, as applicable,’’ after
‘‘national service educational awards’’.
Subsec. (c)(3). Pub. L. 111–13, § 1405(4)(C), inserted
‘‘summer of service educational awards, or silver scholar educational awards’’ after ‘‘national service educational awards’’.
Subsec. (c)(5). Pub. L. 111–13, § 1405(4)(D), inserted
‘‘, summer of service educational award, or silver
scholar educational award, as applicable,’’ after ‘‘national service educational award’’ and ‘‘, additional approved summer of service positions, and additional approved silver scholar positions’’ before period at end.
Subsec. (c)(6). Pub. L. 111–13, § 1405(4)(E)(i), inserted
‘‘, summer of service educational award, or silver
scholar educational award’’ after ‘‘national service educational award’’ in introductory provisions.
Subsec. (c)(6)(A). Pub. L. 111–13, § 1405(4)(E)(ii), inserted ‘‘and other educational expenses’’ after ‘‘cost of
attendance’’.
Subsec. (c)(6)(B). Pub. L. 111–13, § 1405(4)(E)(iii), added
subpar. (B) and struck out former subpar. (B) which
read as follows: ‘‘the sum of—
‘‘(i) the student’s estimated financial assistance for
such period under part A of title IV of such Act (20
U.S.C. 1070 et seq.); and
‘‘(ii) the student’s veterans’ education benefits, determined in accordance with section 480(c) of such
Act (20 U.S.C. 1087vv(c)).’’
Subsec. (d). Pub. L. 111–13, § 1405(5), inserted
‘‘, summer of service educational awards, and silver
scholar educational awards’’ after ‘‘national service
educational awards’’.
Subsec. (e). Pub. L. 111–13, § 1405(6), substituted ‘‘subsection (b)(7)’’ for ‘‘subsection (b)(6)’’.
Subsec. (f). Pub. L. 111–13, § 1405(9), added subsec. (f).
Former subsec. (f) redesignated (g).
Pub. L. 111–13, § 1405(7), substituted ‘‘Chief Executive
Officer’’ for ‘‘Director’’ and inserted ‘‘, summer of serv-

§ 12606

ice educational award, or silver scholar educational
award, as appropriate,’’ after ‘‘national service educational award’’.
Subsecs. (g), (h). Pub. L. 111–13, § 1405(8), redesignated
subsecs. (f) and (g) as (g) and (h), respectively.
1998—Subsec. (g). Pub. L. 105–244 substituted ‘‘section
102 of the Higher Education Act of 1965’’ for ‘‘section
481(a) of the Higher Education Act of 1965 (20 U.S.C.
1088(a))’’.
EFFECTIVE DATE OF 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 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
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.

§ 12605. Repealed. Pub. L. 111–13, title I, § 1406(b),
Apr. 21, 2009, 123 Stat. 1521
Section, Pub. L. 108–45, § 2, July 3, 2003, 117 Stat. 844,
related to the process of approval of national service
positions.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12606. Approval process for approved positions
(a) Timing and recording requirements
(1) In general
Notwithstanding divisions C, D, and H, and
any other provision of law, in approving a position as an approved national service position, an approved summer of service position,
or an approved silver scholar position, the
Corporation—
(A) shall approve the position at the time
the Corporation—
(i) enters into an enforceable agreement
with an individual participant to serve in
a program carried out under division E of
this subchapter, section 12653b or 12653c(a)
of this title, or under title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C.
4951 et seq.), a summer of service program
described in section 12563(c)(8) of this title,
or a silver scholarship program described
in section 12653c(a) of this title; or
(ii) except as provided in clause (i),
awards a grant to (or enters into a contract or cooperative agreement with) an
entity to carry out a program for which
such a position is approved under section
12573 of this title; and
(B) shall record as an obligation an estimate of the net present value of the national
service educational award, summer of service educational award, or silver scholar educational award associated with the position,
based on a formula that takes into consideration historical rates of enrollment in such
a program, and of earning and using national

§ 12606

TITLE 42—THE PUBLIC HEALTH AND WELFARE

service educational awards, summer of service educational awards, or silver scholar
educational awards, as appropriate, for such
a program and remain available.
(2) Formula
In determining the formula described in
paragraph (1)(B), the Corporation shall consult
with the Director of the Congressional Budget
Office.
(3) Certification report
The Chief Executive Officer of the Corporation shall annually prepare and submit to the
authorizing committees a report that contains
a certification that the Corporation is in compliance with the requirements of paragraph
(1).
(4) Approval
The requirements of this subsection shall
apply to each approved national service position, approved summer of service position, or
approved silver scholarship position that the
Corporation approves—
(A) during fiscal year 2010; and
(B) during any subsequent fiscal year.
(b) Reserve account
(1) Establishment and contents
(A) Establishment
Notwithstanding divisions C, D, and H, and
any other provision of law, within the National Service Trust established under section 12601 of this title, the Corporation shall
establish a reserve account.
(B) Contents
To ensure the availability of adequate
funds to support the awards of approved national service positions, approved summer of
service positions, and approved silver scholar positions, for each fiscal year, the Corporation shall place in the account—
(i) during fiscal year 2010, a portion of
the funds that were appropriated for fiscal
year 2010 or a previous fiscal year under
section 12681 of this title or section 501 of
the Domestic Volunteer Service Act of 1973
(42 U.S.C. 5081), were made available to
carry out division C, D, or E of this subchapter, section 12653b or 12653c(a) of this
title, subtitle A 1 of title I of the Domestic
Volunteer Service Act of 1973, or summer
of service programs described in section
12563(c)(8) of this title, and remain available; and
(ii) during fiscal year 2011 or a subsequent fiscal year, a portion of the funds
that were appropriated for that fiscal year
under section 12681 of this title or section
501 of the Domestic Volunteer Service Act
of 1973 (42 U.S.C. 5081), were made available
to carry out division C, D, or E of this subchapter, section 12653b or 12653c(a) of this
title, subtitle A 1 of title I of the Domestic
Volunteer Service Act of 1973, or summer
of service programs described in section
12563(c)(8) of this title, and remain available.
1 See

References in Text note below.

Page 7862

(2) Obligation
The Corporation shall not obligate the funds
in the reserve account until the Corporation—
(A) determines that the funds will not be
needed for the payment of national service
educational awards associated with previously approved national service positions,
summer of service educational awards associated with previously approved summer of
service positions, and silver scholar educational awards associated with previously
approved silver scholar positions; or
(B) obligates the funds for the payment of
national service educational awards for such
previously approved national service positions, summer of service educational awards
for such previously approved summer of
service positions, or silver scholar educational awards for such previously approved silver scholar positions, as applicable.
(c) Audits
The accounts of the Corporation relating to
the appropriated funds for approved national
service positions, approved summer of service
positions, and approved silver scholar positions,
and the records demonstrating the manner in
which the Corporation has recorded estimates
described in subsection (a)(1)(B) as obligations,
shall be audited annually by independent certified public accountants or independent licensed public accountants certified or licensed
by a regulatory authority of a State or other political subdivision of the United States in accordance with generally accepted auditing
standards. A report containing the results of
each such independent audit shall be included in
the annual report required by subsection (a)(3).
(d) Availability of amounts
Except as provided in subsection (b), all
amounts included in the National Service Trust
under paragraphs (1), (2), and (3) of section
12601(a) of this title shall be available for payments of national service educational awards,
summer of service educational awards, or silver
scholar educational awards under section 12604
of this title.
(Pub. L. 101–610, title I, § 149, as added Pub. L.
111–13, title I, § 1406(a), Apr. 21, 2009, 123 Stat.
1519.)
REFERENCES IN TEXT
The Domestic Volunteer Service Act of 1973, referred
to in subsecs. (a)(1)(A)(i) and (b)(1)(B)(i), (ii), is Pub. L.
93–113, Oct. 1, 1973, 87 Stat. 394. Title I of the Act is classified generally to subchapter I (§ 4951 et seq.) of chapter 66 of this title. Reference to subtitle A of title I of
the Act probably means part A of title I of the Act,
which is classified generally to part A (§ 4951 et seq.) of
subchapter I of chapter 66 of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 4950 of this title and Tables.
PRIOR PROVISIONS
A prior section 149 of Pub. L. 101–610 was classified to
section 12579 of this title prior to the general amendment of subtitle D of title I of Pub. L. 101–610 (former
part D of this subchapter) by Pub. L. 103–82, § 102(a).
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

Page 7863

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Division E—National Civilian Community
Corps
CODIFICATION
Subtitle E of title I of Pub. L. 101–610, comprising this
division, was formerly classified to part H (§ 12653 et
seq.) of this subchapter prior to amendment by Pub. L.
103–82, § 104(b).
Pub. L. 111–13, title I, § 1517, Apr. 21, 2009, 123 Stat.
1529, inserted division heading and struck out former
heading.
PRIOR PROVISIONS
This division is comprised of subtitle E, §§ 151–165, of
title I of Pub. L. 101–610. A prior part E (§ 12591 et seq.),
comprised of subtitle E, §§ 155–167, of title I of Pub. L.
101–610, related to innovative and demonstration programs and projects, prior to repeal by Pub. L. 103–82,
§ 104(a).

§ 12611. Purpose
It is the purpose of this division to authorize
the operation of, and support for, residential and
other service programs that combine the best
practices of civilian service with the best aspects of military service, including leadership
and team building, to meet national and community needs. The needs to be met under such
programs include those needs related to—
(1) natural and other disasters;
(2) infrastructure improvement;
(3) environmental stewardship and conservation;
(4) energy conservation; and
(5) urban and rural development.
(Pub. L. 101–610, title I, § 151, formerly § 195, as
added Pub. L. 102–484, div. A, title X, § 1092(a)(1),
Oct. 23, 1992, 106 Stat. 2522; renumbered § 151,
Pub. L. 103–82, title I, § 104(b), Sept. 21, 1993, 107
Stat. 840; amended Pub. L. 111–13, title I, § 1501,
Apr. 21, 2009, 123 Stat. 1521.)
CODIFICATION
Section was formerly classified to section 12653 of
this title prior to renumbering by Pub. L. 103–82,
§ 104(b).
PRIOR PROVISIONS
A prior section 12611, Pub. L. 101–610, title I, § 160,
Nov. 16, 1990, 104 Stat. 3157, authorized Commission to
make grants to Directors of Peace Corps and ACTION
to carry out training and educational benefits demonstration programs, prior to repeal by Pub. L. 103–82,
§ 104(a).
AMENDMENTS
2009—Pub. L. 111–13 amended section generally. Prior
to amendment, section provided that the purpose of
this division was to authorize the establishment of a
Civilian Community Corps to provide a basis for certain determinations.
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.

§ 12612. Establishment of National Civilian Community Corps Program
(a) In general
The Corporation may establish the National
Civilian Community Corps Program to carry out
the purpose of this division.

§ 12612

(b) Program components
Under the National Civilian Community Corps
Program authorized by subsection (a), the members of a National Civilian Community Corps
shall receive training and perform service in at
least one of the following two program components:
(1) A national service program.
(2) A summer national service program.
(c) Residential components
Both programs referred to in subsection (b)
may include a residential component.
(Pub. L. 101–610, title I, § 152, formerly § 195A, as
added Pub. L. 102–484, div. A, title X, § 1092(a)(1),
Oct. 23, 1992, 106 Stat. 2523; renumbered § 152 and
amended Pub. L. 103–82, title I, § 104(b), title IV,
§ 402(b)(2), Sept. 21, 1993, 107 Stat. 840, 919; Pub. L.
111–13, title I, § 1502, Apr. 21, 2009, 123 Stat. 1521.)
CODIFICATION
Section was formerly classified to section 12653a of
this title prior to renumbering by Pub. L. 103–82,
§ 104(b).
PRIOR PROVISIONS
A prior section 12612, Pub. L. 101–610, title I, § 161,
Nov. 16, 1990, 104 Stat. 3157; Pub. L. 102–384, § 7(a), Oct.
5, 1992, 106 Stat. 1456, related to eligibility and selection
procedures, prior to repeal by Pub. L. 103–82, § 104(a).
AMENDMENTS
2009—Pub. L. 111–13, § 1502(1), amended section catchline generally.
Subsec. (a). Pub. L. 111–13, § 1502(2), substituted ‘‘National Civilian Community Corps Program’’ for ‘‘Civilian Community Corps Demonstration Program’’.
Subsec. (b). Pub. L. 111–13, § 1502(3), in introductory
provisions, substituted ‘‘National Civilian Community
Corps Program’’ for ‘‘Civilian Community Corps Demonstration Program’’ and ‘‘a National Civilian Community Corps’’ for ‘‘a Civilian Community Corps’’.
Subsec. (c). Pub. L. 111–13, § 1502(4), added subsec. (c)
and struck out former subsec. (c). Prior to amendment,
text read as follows: ‘‘Both program components are
residential programs. The members of the Corps in each
program shall reside with other members of the Corps
in Corps housing during the periods of the members’
agreed service.’’
1993—Subsec. (a). Pub. L. 103–82, § 402(b)(2), substituted ‘‘Corporation’’ for ‘‘Commission on National
and Community Service’’.
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 1993 AMENDMENT
Amendment by section 402(b)(2) of Pub. L. 103–82 effective Oct. 1, 1993, see section 406(a) of Pub. L. 103–82,
set out as a note under section 5061 of this title.
REPORT AND STUDY REQUIREMENTS
Pub. L. 102–484, div. A, title X, § 1092(b), Oct. 23, 1992,
106 Stat. 2534, as amended by Pub. L. 103–82, title I,
§ 104(e)(1)(B), (C), title IV, § 402(a)(1), Sept. 21, 1993, 107
Stat. 846, 918, related to a progress report to be submitted to the appropriate committees of Congress assessing the activities undertaken in establishing and
administering Civilian Community Corps camps and
analyzing the level of coordination of Corps activities
with activities of other departments or agencies of the
Federal Government and a report to be submitted to
the appropriate committees of Congress concerning the

§ 12613

TITLE 42—THE PUBLIC HEALTH AND WELFARE

desirability and feasibility of establishing the Civilian
Community Corps as an independent agency of the Federal Government.
COORDINATION OF PROGRAMS
Pub. L. 102–484, div. A, title X, § 1093, Oct. 23, 1992, 106
Stat. 2534, as amended by Pub. L. 103–82, title I,
§ 104(e)(1)(B), title IV, § 402(a)(2), Sept. 21, 1993, 107 Stat.
846, 918, provided that:
‘‘(a) COORDINATED ADMINISTRATION.—To the maximum extent practicable, the Chief of the National
Guard Bureau, the Board of Directors and Chief Executive Officer of the Corporation for National and Community Service, and the Director of the Civilian Community Corps shall coordinate the National Guard
Youth Opportunities Program established pursuant to
section 1091 [of Pub. L. 102–484, 32 U.S.C. 501 note] and
the Civilian Community Corps Demonstration Program
established pursuant to the authorization contained in
section 152 of the National and Community Service Act
of 1990 [42 U.S.C. 12612] (as added by section 1092(a)).
‘‘(b) OBJECTIVES.—The officials referred to in subsection (a) shall ensure that—
‘‘(1) the programs referred to in subsection (a) are
conducted in such a manner in relationship to each
other that the public benefit of those programs is
maximized;
‘‘(2) to the maximum extent appropriate to meet
the needs of program participants, persons who complete participation in the National Guard Youth Opportunities Program and are eligible and apply to
participate in the Civilian Community Corps under
the Civilian Community Corps Demonstration Program are accepted for participation in that Program;
and
‘‘(3) the programs referred to in subsection (a) are
conducted simultaneously in competition with each
other in the same immediate area of the United
States only when the population of eligible participants in that area is sufficient to justify the simultaneous conduct of such programs in that area.’’

§ 12613. National service program
(a) In general
Under the national service program component of the National Civilian Community Corps
Program authorized by section 12612(a) of this
title, eligible young people shall work in teams
on National Civilian Community Corps projects.
(b) Eligible participants
A person shall be eligible for selection for the
national service program if the person—
(1) is, or will be, at least 18 years of age on
or before December 31 of the calendar year in
which the individual enrolls in the program,
but is not more than 24 years of age as of the
date the individual begins participating in the
program; and
(2) is a high school graduate or has not received a high school diploma or its equivalent.
(c) Diverse backgrounds of participants
In selecting persons for the national service
program, the Director shall endeavor to ensure
that participants are from economically, geographically, and ethnically diverse backgrounds.
The Director shall take appropriate steps, including through outreach and recruitment activities, to increase the percentage of participants in the program who are disadvantaged
youth to 50 percent of all participants by year
2012. The Director shall report to the authorizing committees biennially on such steps, any
challenges faced, and the annual participation
rates of disadvantaged youth in the program.

Page 7864

(d) Period of participation
Persons desiring to participate in the national
service program shall enter into an agreement
with the Director to participate in the Corps for
a period of not less than nine months and not
more than one year, as specified by the Director,
and may renew the agreement for not more than
one additional such period.
(Pub. L. 101–610, title I, § 153, formerly § 195B, as
added Pub. L. 102–484, div. A, title X, § 1092(a)(1),
Oct. 23, 1992, 106 Stat. 2523; renumbered § 153 and
amended Pub. L. 103–82, title I, § 104(b), (e)(2)(A),
Sept. 21, 1993, 107 Stat. 840, 846; Pub. L. 111–13,
title I, § 1503, Apr. 21, 2009, 123 Stat. 1521.)
CODIFICATION
Section was formerly classified to section 12653b of
this title prior to renumbering by Pub. L. 103–82,
§ 104(b).
PRIOR PROVISIONS
A prior section 12613, Pub. L. 101–610, title I, § 162,
Nov. 16, 1990, 104 Stat. 3158, related to training program
in skills to be employed in Peace Corps or VISTA, prior
to repeal by Pub. L. 103–82, § 104(a).
AMENDMENTS
2009—Subsec. (a). Pub. L. 111–13, § 1503(1), substituted
‘‘National Civilian Community Corps Program’’ for
‘‘Civilian Community Corps Demonstration Program’’
and ‘‘on National Civilian Community Corps’’ for ‘‘on
Civilian Community Corps’’.
Subsec. (b)(1). Pub. L. 111–13, § 1503(2), added par. (1)
and struck out former par. (1) which read as follows: ‘‘is
at least 16 and not more than 24 years of age; and’’.
Subsec. (c). Pub. L. 111–13, § 1503(3), substituted
‘‘backgrounds’’ for ‘‘backrounds’’ in heading and inserted at end ‘‘The Director shall take appropriate
steps, including through outreach and recruitment activities, to increase the percentage of participants in
the program who are disadvantaged youth to 50 percent
of all participants by year 2012. The Director shall report to the authorizing committees biennially on such
steps, any challenges faced, and the annual participation rates of disadvantaged youth in the program.’’
Subsecs. (d), (e). Pub. L. 111–13, § 1503(4), (5), redesignated subsec. (e) as (d) and struck out former subsec.
(d). Text of former subsec. (d) read as follows: ‘‘To the
extent practicable, at least 50 percent of the participants in the national service program shall be economically disadvantaged youths.’’
1993—Subsec. (a). Pub. L. 103–82, § 104(e)(2)(A), substituted ‘‘section 12612(a)’’ for ‘‘section 12653a(a)’’.
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 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.

§ 12614. Summer national service program
(a) In general
Under the summer national service program of
the National Civilian Community Corps Program authorized by section 12612(a) of this title,
a diverse group of youth aged 14 through 18
years who are from urban or rural areas shall
work in teams on National Civilian Community
Corps projects.
(b) Necessary participants
To the extent practicable, at least 50 percent
of the participants in the summer national serv-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

ice program shall be from economically and ethnically diverse backgrounds, including youth
who are in foster care.
(c) Seasonal program
The training and service of Corps members
under the summer national service program in
each year shall be conducted after April 30 and
before October 1 of that year.
(Pub. L. 101–610, title I, § 154, formerly § 195C, as
added Pub. L. 102–484, div. A, title X, § 1092(a)(1),
Oct. 23, 1992, 106 Stat. 2524; renumbered § 154 and
amended Pub. L. 103–82, title I, § 104(b), (e)(2)(B),
Sept. 21, 1993, 107 Stat. 840, 847; Pub. L. 111–13,
title I, § 1504, Apr. 21, 2009, 123 Stat. 1522.)
CODIFICATION
Section was formerly classified to section 12653c of
this title prior to renumbering by Pub. L. 103–82,
§ 104(b).
PRIOR PROVISIONS
A prior section 12614, Pub. L. 101–610, title I, § 163,
Nov. 16, 1990, 104 Stat. 3158; Pub. L. 102–384, § 7(b), Oct.
5, 1992, 106 Stat. 1456, related to higher education benefits for those selected for Peace Corps or VISTA demonstration programs, prior to repeal by Pub. L. 103–82,
§ 104(a).
AMENDMENTS
2009—Subsec. (a). Pub. L. 111–13, § 1504(1), substituted
‘‘National Civilian Community Corps Program’’ for
‘‘Civilian Community Corps Demonstration Program’’
and ‘‘on National Civilian Community Corps’’ for ‘‘on
Civilian Community Corps’’.
Subsec. (b). Pub. L. 111–13, § 1504(2), substituted ‘‘shall
be from economically and ethnically diverse backgrounds, including youth who are in foster care.’’ for
‘‘shall be economically disadvantaged youths.’’
1993—Subsec. (a). Pub. L. 103–82, § 104(e)(2)(B), substituted ‘‘section 12612(a)’’ for ‘‘section 12653a(a)’’.
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 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.

§ 12615. National Civilian Community Corps
(a) Director
Upon the establishment of the National Civilian Community Corps Program, the National Civilian Community Corps shall be under the direction of the Director appointed pursuant to
section 12619(c)(1) of this title.
(b) Membership in National Civilian Community
Corps
(1) Participants to be members
Persons selected to participate in the national service program or the summer national service program components of the Program shall become members of the National
Civilian Community Corps.
(2) Selection of members
The Director or the Director’s designee shall
select individuals for membership in the
Corps.

§ 12615

(3) Application for membership
To be selected to become a Corps member an
individual shall submit an application to the
Director or to any other office as the Director
may designate, at such time, in such manner,
and containing such information as the Director shall require. At a minimum, the application shall contain information about the work
experience of the applicant and sufficient information to enable the Director, or the campus director of the appropriate campus, to determine whether selection of the applicant for
membership in the Corps is appropriate.
(4) Team leaders
(A) In general
The Director may select individuals with
prior supervisory or service experience to be
team leaders within units in the National
Civilian Community Corps, to perform service that includes leading and supervising
teams of Corps members. Each team leader
shall be selected without regard to the age
limitation under section 12613(b) of this
title.
(B) Rights and benefits
A team leader shall be provided the same
rights and benefits applicable to other Corps
members, except that the Director may increase the limitation on the amount of the
living allowance under section 12618(b) of
this title by not more than 10 percent for a
team leader.
(c) Organization of Corps into units
(1) Units
The Corps shall be divided into permanent
units. Each Corps member shall be assigned to
a unit.
(2) Unit leaders
The leader of each unit shall be selected
from among persons in the permanent cadre
established pursuant to section 12619(c)(2) of
this title. The designated leader shall accompany the unit throughout the period of agreed
service of the members of the unit.
(d) Campuses
(1) Units to be assigned to campuses
The units of the Corps shall be grouped together as appropriate in campuses for operational, support, and boarding purposes. The
Corps campus for a unit shall be in a facility
or central location established as the operational headquarters and boarding place for
the unit. Corps members may be housed in the
campuses.
(2) Campus director
There shall be a campus director for each
campus. The campus director is the head of
the campus.
(3) Eligible site for campus
A campus shall be cost effective and may,
upon the completion of a feasibility study, be
located in a facility referred to in section
12622(c) of this title.
(e) Distribution of units and campuses
The Director shall ensure that the Corps units
and campuses are cost effective and are distrib-

§ 12616

TITLE 42—THE PUBLIC HEALTH AND WELFARE

uted in urban areas and rural areas such that
each Corps unit in a region can be easily deployed for disaster and emergency response to
such region.
(f) Standards of conduct
(1) In general
The campus director of each campus shall
establish and enforce standards of conduct to
promote proper moral and disciplinary conditions in the campus.
(2) Sanctions
Under procedures prescribed by the Director,
the campus director of a campus may—
(A) transfer a member of the Corps in that
campus to another unit or campus if the
campus director determines that the retention of the member in the member’s unit or
in the campus director’s campus will jeopardize the enforcement of the standards or
diminish the opportunities of other Corps
members in that unit or campus, as the case
may be; or
(B) dismiss a member of the Corps from
the Corps if the campus director determines
that retention of the member in the Corps
will jeopardize the enforcement of the standards or diminish the opportunities of other
Corps members.
(3) Appeals
Under procedures prescribed by the Director,
a member of the Corps may appeal to the Director a determination of a campus director to
transfer or dismiss the member. The Director
shall provide for expeditious disposition of appeals under this paragraph.
(Pub. L. 101–610, title I, § 155, formerly § 195D, as
added Pub. L. 102–484, div. A, title X, § 1092(a)(1),
Oct. 23, 1992, 106 Stat. 2524; renumbered § 155 and
amended Pub. L. 103–82, title I, § 104(b), (e)(2)(C),
title IV, § 403(b), Sept. 21, 1993, 107 Stat. 840, 847,
920; Pub. L. 103–304, § 3(b)(5)(A), Aug. 23, 1994, 108
Stat. 1567; Pub. L. 111–13, title I, § 1505, Apr. 21,
2009, 123 Stat. 1522.)
CODIFICATION
Section was formerly classified to section 12653d of
this title prior to renumbering by Pub. L. 103–82,
§ 104(b).
PRIOR PROVISIONS
A prior section 12615, Pub. L. 101–610, title I, § 164,
Nov. 16, 1990, 104 Stat. 3159; Pub. L. 102–384, § 4, Oct. 5,
1992, 106 Stat. 1455, related to evaluation reports on
Peace Corps and VISTA demonstration programs, prior
to repeal by Pub. L. 103–82, § 104(a).
A prior section 155 of Pub. L. 101–610 was classified to
section 12591 of this title prior to repeal by Pub. L.
103–82.
AMENDMENTS
2009—Pub. L. 111–13, § 1505(1), amended section catchline generally.
Subsec. (a). Pub. L. 111–13, § 1505(2), substituted ‘‘National Civilian Community Corps Program’’ for ‘‘Civilian Community Corps Demonstration Program’’ and
‘‘the National Civilian Community Corps shall’’ for
‘‘the Civilian Community Corps shall’’.
Subsec. (b). Pub. L. 111–13, § 1505(3)(A), amended heading generally.
Subsec. (b)(1). Pub. L. 111–13, § 1505(3)(B), inserted
‘‘National’’ before ‘‘Civilian Community Corps’’.

Page 7866

Subsec. (b)(3). Pub. L. 111–13, § 1505(3)(C), substituted
‘‘campus director of the appropriate campus’’ for ‘‘superintendent of the appropriate camp’’.
Subsec. (b)(4). Pub. L. 111–13, § 1505(3)(D), added par.
(4).
Subsec. (d). Pub. L. 111–13, § 1505(4)(A), amended heading generally.
Subsec. (d)(1). Pub. L. 111–13, § 1505(4)(B), amended
heading generally and substituted ‘‘in campuses’’ for
‘‘in camps’’, ‘‘Corps campus’’ for ‘‘Corps camp’’, and ‘‘in
the campuses’’ for ‘‘in the camps’’.
Subsec. (d)(2), (3). Pub. L. 111–13, § 1505(4)(C), amended
pars. (2) and (3) generally. Prior to amendment, pars.
(2) and (3) related to camp superintendents and eligible
sites for camps, respectively.
Subsec. (e). Pub. L. 111–13, § 1505(5), amended heading
generally and substituted ‘‘campuses are cost effective
and are distributed’’ for ‘‘camps are distributed’’ and
‘‘rural areas such that each Corps unit in a region can
be easily deployed for disaster and emergency response
to such region.’’ for ‘‘rural areas in various regions
throughout the United States.’’
Subsec. (f)(1). Pub. L. 111–13, § 1505(6)(A), substituted
‘‘campus director’’ for ‘‘superintendent’’ and, in two
places, substituted ‘‘campus’’ for ‘‘camp’’.
Subsec. (f)(2). Pub. L. 111–13, § 1505(6)(B)(i), substituted ‘‘campus director of a campus’’ for ‘‘superintendent of a camp’’ in introductory provisions.
Subsec. (f)(2)(A). Pub. L. 111–13, § 1505(6)(B)(ii), substituted ‘‘campus to another unit or campus’’ for
‘‘camp to another unit or camp’’, ‘‘campus director’’ for
‘‘superintendent’’, ‘‘campus director’s campus’’ for ‘‘superintendent’s camp’’, and ‘‘that unit or campus’’ for
‘‘that unit or camp’’.
Subsec. (f)(2)(B). Pub. L. 111–13, § 1505(6)(B)(iii), substituted ‘‘campus director’’ for ‘‘superintendent’’.
Subsec. (f)(3). Pub. L. 111–13, § 1505(6)(C), substituted
‘‘campus director’’ for ‘‘camp superintendent’’.
1994—Subsec. (e). Pub. L. 103–304 substituted ‘‘camps’’
for ‘‘Corps’’ in heading.
1993—Subsec. (a). Pub. L. 103–82, § 403(b), substituted
‘‘Director’’ for ‘‘Director of the Civilian Community
Corps’’.
Pub. L. 103–82, § 104(e)(2)(C)(i), substituted ‘‘section
12619(c)(1)’’ for ‘‘section 12653h(c)(1)’’.
Subsec. (c)(2). Pub. L. 103–82, § 104(e)(2)(C)(ii), substituted ‘‘section 12619(c)(2)’’ for ‘‘section 12653h(c)(2)’’.
Subsec. (d)(3). Pub. L. 103–82, § 104(e)(2)(C)(iii), substituted ‘‘section 12622(a)(3)’’ for ‘‘section 12653k(a)(3)’’.
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 1993 AMENDMENT
Amendment by section 104(b), (e)(2)(C) of Pub. L.
103–82 effective Oct. 1, 1993, see section 123 of Pub. L.
103–82, set out as a note under section 1701 of Title 16,
Conservation.

§ 12616. Training
(a) Common curriculum
Each member of the National Civilian Community Corps shall be provided with between three
and six weeks of training that includes a comprehensive service-learning curriculum designed
to promote team building, discipline, leadership,
work, training, citizenship, and physical conditioning. The Director shall ensure that, to the
extent practicable, each member of the Corps is
trained in CPR, first aid, and other skills related to disaster preparedness and response.
(b) Advanced service training
(1) National service program
Members of the Corps participating in the
national service program shall receive ad-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

vanced training in basic, project-specific skills
that the members will use in performing their
community service projects, including a focus
on energy conservation, environmental stewardship or conservation, infrastructure improvement, urban and rural development, or
disaster preparedness needs, as appropriate.
(2) Summer national service program
Members of the Corps participating in the
summer national service program shall not receive advanced training referred to in paragraph (1) but, to the extent practicable, may
receive other training.
(c) Training personnel
(1) In general
Members of the cadre appointed under section 12619(c)(2) of this title shall provide the
training for the members of the Corps, including, as appropriate, advanced service training
and ongoing training throughout the members’ periods of agreed service.
(2) Coordination with other entities
Members of the cadre may provide, either directly or through grants, contracts, or cooperative agreements, the advanced service training referred to in subsection (b)(1) in coordination with vocational or technical schools,
other employment and training providers, existing youth service programs, other qualified
individuals, or organizations with expertise in
training
youth,
including
disadvantaged
youth, in the skills described in such subsection.
(d) Facilities
The training may be provided at installations
and other facilities of the Department of Defense, and at National Guard facilities, identified under section 12622(c) of this title.
(Pub. L. 101–610, title I, § 156, formerly § 195E, as
added Pub. L. 102–484, div. A, title X, § 1092(a)(1),
Oct. 23, 1992, 106 Stat. 2525; renumbered § 156 and
amended Pub. L. 103–82, title I, § 104(b), (e)(2)(D),
Sept. 21, 1993, 107 Stat. 840, 847; Pub. L. 111–13,
title I, § 1506, Apr. 21, 2009, 123 Stat. 1524.)
CODIFICATION
Section was formerly classified to section 12653e of
this title prior to renumbering by Pub. L. 103–82,
§ 104(b).
PRIOR PROVISIONS
A prior section 156 of Pub. L. 101–610 was classified to
section 12601 of this title prior to repeal by Pub. L.
103–82, § 104(a).
AMENDMENTS
2009—Subsec. (a). Pub. L. 111–13, § 1506(1), inserted
‘‘National’’ before ‘‘Civilian Community Corps’’ and inserted at end ‘‘The Director shall ensure that, to the
extent practicable, each member of the Corps is trained
in CPR, first aid, and other skills related to disaster
preparedness and response.’’
Subsec. (b)(1). Pub. L. 111–13, § 1506(2), inserted before
period at end ‘‘, including a focus on energy conservation, environmental stewardship or conservation, infrastructure improvement, urban and rural development,
or disaster preparedness needs, as appropriate’’.
Subsec. (c)(2). Pub. L. 111–13, § 1506(3), amended par.
(2) generally. Prior to amendment, text read as follows:
‘‘Members of the cadre may provide the advanced serv-

§ 12617

ice training referred to in subsection (b)(1) of this section in coordination with vocational or technical
schools, other employment and training providers, existing youth service programs, or other qualified individuals.’’
Subsec. (d). Pub. L. 111–13, § 1506(4), substituted ‘‘section 12622(c)’’ for ‘‘section 12622(a)(3)’’.
1993—Subsec. (c)(1). Pub. L. 103–82, § 104(e)(2)(D)(i),
substituted
‘‘section
12619(c)(2)’’
for
‘‘section
12653h(c)(2)’’.
Subsec. (d). Pub. L. 103–82, § 104(e)(2)(D)(ii), substituted ‘‘section 12622(a)(3)’’ for ‘‘section 12653k(a)(3)’’.
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 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.

§ 12617. Service projects
(a) Project requirements
The service projects carried out by the National Civilian Community Corps shall—
(1) meet an identifiable public need, with
specific emphasis on projects in support of infrastructure improvement, energy conservation, and urban and rural development;
(2) emphasize the performance of community
service activities that provide meaningful
community benefits and opportunities for
service-learning and skills development;
(3) to the maximum extent practicable, encourage work to be accomplished in teams of
diverse individuals working together; and
(4) include continued education and training
in various technical fields.
(b) Project proposals
(1) Development of proposals
(A) Specific executive departments
Upon the establishment of the Program,
the Secretary of Agriculture, the Secretary
of the Interior, the Secretary of Housing and
Urban Development, the Administrator of
the Environmental Protection Agency, the
Administrator of the Federal Emergency
Management Agency, the Secretary of Energy, the Secretary of Transportation, and
the Chief of the Forest Service shall develop
proposals for Corps projects pursuant to
guidance which the Director shall prescribe.
(B) Other sources
Other public and private organizations and
agencies, including community-based entities and representatives of local communities in the vicinity of a Corps campus, may
develop proposals for projects for a Corps
campus. Corps members shall also be encouraged to identify projects for the Corps.
(2) Consultation requirements
The process for developing project proposals
under paragraph (1) shall include consultation
with the Corporation, representatives of local
communities, State Commissions, and persons
involved in other youth service programs.

§ 12618

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(c) Project selection, organization, and performance
(1) Selection
The campus director of a Corps campus shall
select the projects to be performed by the
members of the Corps assigned to the units in
that campus. The campus director shall select
projects from among the projects proposed or
identified pursuant to subsection (b).
(2) Innovative local arrangements for project
performance
The Director shall encourage campus directors to negotiate with representatives of local
communities, to the extent practicable, innovative arrangements for the performance of
projects. The arrangements may provide for
cost-sharing and the provision by the communities of in-kind support and other support.
(Pub. L. 101–610, title I, § 157, formerly § 195F, as
added Pub. L. 102–484, div. A, title X, § 1092(a)(1),
Oct. 23, 1992, 106 Stat. 2526; renumbered § 157 and
amended Pub. L. 103–82, title I, § 104(b), title IV,
§§ 402(b)(2), 403(b), Sept. 21, 1993, 107 Stat. 840, 919,
920; Pub. L. 111–13, title I, § 1507, Apr. 21, 2009, 123
Stat. 1524.)
CODIFICATION
Section was formerly classified to section 12653f of
this title prior to renumbering by Pub. L. 103–82,
§ 104(b).
PRIOR PROVISIONS
A prior section 157 of Pub. L. 101–610 was classified to
section 12602 of this title prior to repeal by Pub. L.
103–82, § 104(a).
AMENDMENTS
2009—Subsec. (a). Pub. L. 111–13, § 1507(1)(A), inserted
‘‘National’’ before ‘‘Civilian Community Corps’’ in introductory provisions.
Subsec. (a)(1). Pub. L. 111–13, § 1507(1)(B), inserted
‘‘, with specific emphasis on projects in support of infrastructure improvement, energy conservation, and
urban and rural development’’ before semicolon at end.
Subsec. (a)(2). Pub. L. 111–13, § 1507(1)(C), substituted
‘‘service-learning’’ for ‘‘service learning’’.
Subsec. (b)(1)(A). Pub. L. 111–13, § 1507(2)(A)(i), substituted ‘‘the Secretary of Housing and Urban Development, the Administrator of the Environmental Protection Agency, the Administrator of the Federal Emergency Management Agency, the Secretary of Energy,
the Secretary of Transportation, and the Chief of the
Forest Service’’ for ‘‘and the Secretary of Housing and
Urban Development’’.
Subsec. (b)(1)(B). Pub. L. 111–13, § 1507(2)(A)(ii), inserted ‘‘community-based entities and’’ before ‘‘representatives of local communities’’ and substituted
‘‘campus’’ for ‘‘camp’’ in two places.
Subsec. (b)(2). Pub. L. 111–13, § 1507(2)(B), inserted
‘‘State Commissions,’’ before ‘‘and persons involved in
other youth service programs.’’
Subsec. (c)(1). Pub. L. 111–13, § 1507(3)(A), substituted
‘‘campus director of a Corps campus’’ for ‘‘superintendent of a Corps camp’’ and ‘‘campus. The campus
director’’ for ‘‘camp. The superintendent’’.
Subsec. (c)(2). Pub. L. 111–13, § 1507(3)(B), substituted
‘‘campus directors’’ for ‘‘camp superintendents’’.
1993—Subsec. (b)(1)(A). Pub. L. 103–82, § 403(b), substituted ‘‘Director’’ for ‘‘Director of the Civilian Community Corps’’.
Subsec. (b)(2). Pub. L. 103–82, § 402(b)(2), substituted
‘‘Corporation’’ for ‘‘Commission on National and Community Service’’.

Page 7868

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 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.

§ 12618. Authorized benefits for Corps members
(a) In general
The Director shall provide for members of the
National Civilian Community Corps to receive
benefits authorized by this section.
(b) Living allowance
The Director shall provide a living allowance
to members of the Corps for the period during
which such members are engaged in training or
any activity on a Corps project. The Director
shall establish the amount of the allowance at
any amount not in excess of the amount equal
to 100 percent of the poverty line that is applicable to a family of two (as defined by the Office
of Management and Budget and revised annually
in accordance with section 9902(2) of this title.1
(c) Other authorized benefits
While receiving training or engaging in service
projects as members of the National Civilian
Community Corps, members may be provided
the following benefits, as the Director determines appropriate:
(1) Allowances for travel expenses, personal
expenses, and other expenses.
(2) Quarters.
(3) Subsistence.
(4) Transportation.
(5) Equipment.
(6) Uniforms.
(7) Supplies.
(8) Other services determined by the Director to be consistent with the purposes of the
Program.
(d) Supportive services
As the Director determines appropriate, the
Director may provide each member of the Corps
with health care services, child care services,
counseling services, and other supportive services.
(e) Post-service benefits
Upon completion of the agreed period of service with the Corps, a member shall elect to receive the educational assistance under subsection (f) or the cash benefit under subsection
(g).
(f) National service educational awards
A Corps member who successfully completes a
period of agreed service in the Corps may receive the national service educational award described in division D if the Corps member—
(1) serves in an approved national service position; and
(2) satisfies the eligibility requirements
specified in section 12602 of this title with re1 So in original. A closing parenthesis probably should precede
the period.

Page 7869

TITLE 42—THE PUBLIC HEALTH AND WELFARE

spect 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, the Director may provide for the provision of a suitable alternative
benefit for the Corps member.
(Pub. L. 101–610, title I, § 158, formerly § 195G, as
added Pub. L. 102–484, div. A, title X, § 1092(a)(1),
Oct. 23, 1992, 106 Stat. 2526; renumbered § 158 and
amended Pub. L. 103–82, title I, § 104(b), (g), title
IV, § 403(b), Sept. 21, 1993, 107 Stat. 840, 847, 920;
Pub. L. 111–13, title I, § 1508, Apr. 21, 2009, 123
Stat. 1525.)
CODIFICATION
Section was formerly classified to section 12653g of
this title prior to renumbering by Pub. L. 103–82,
§ 104(b).
AMENDMENTS
2009—Subsec. (a). Pub. L. 111–13, § 1508(1), inserted
‘‘National’’ before ‘‘Civilian Community Corps’’.
Subsec. (c). Pub. L. 111–13, § 1508(2)(A), in introductory
provisions, inserted ‘‘National’’ before ‘‘Civilian Community Corps’’ and ‘‘, as the Director determines appropriate’’ before colon.
Subsec. (c)(6). Pub. L. 111–13, § 1508(2)(B), substituted
‘‘Uniforms’’ for ‘‘Clothing’’.
Subsec. (c)(7). Pub. L. 111–13, § 1508(2)(C), substituted
‘‘Supplies’’ for ‘‘Recreational services and supplies’’.
1993—Subsec. (a). Pub. L. 103–82, § 403(b), substituted
‘‘Director’’ for ‘‘Director of the Civilian Community
Corps’’.
Subsecs. (f) to (h). Pub. L. 103–82, § 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 postservice benefits, respectively.
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 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.

§ 12619. Administrative provisions
(a) Supervision
The Chief Executive Officer shall monitor and
supervise the administration of the National Civilian Community Corps Program authorized to
be established under section 12612 of this title.
In carrying out this section, the Chief Executive
Officer shall—
(1) approve such guidelines, including those
recommended by the Board, for the design, selection of members, and operation of the National Civilian Community Corps as the Chief
Executive Officer considers appropriate;
(2) evaluate the progress of the Corps in providing a basis for determining the matters set
forth in 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—

§ 12619

(1) monitor the overall operation of the National Civilian Community Corps;
(2) coordinate the activities of the Corps
with other youth service programs administered by the Corporation; and
(3) carry out any other activities determined
appropriate by the Board.
(c) Staff
(1) Director
(A) Appointment
Upon the establishment of the Program,
the Chief Executive Officer shall appoint a
Director. The Director may be selected from
among retired commissioned officers of the
Armed Forces of the United States.
(B) Duties
The Director shall—
(i) design, develop, and administer the
National Civilian Community Corps programs;
(ii) be responsible for managing the daily
operations of the Corps; and
(iii) report to the Chief Executive Officer.
(C) Authority to employ staff
The Director may employ such staff as is
necessary to carry out this division. The Director shall, to the maximum extent practicable, utilize in staff positions personnel
who are detailed from departments and
agencies of the Federal Government and, to
the extent the Director considers appropriate, shall request and accept detail of personnel from such departments and agencies
in order to do so.
(2) Permanent cadre
(A) Establishment
The Chief Executive Officer shall establish
a permanent cadre that includes the Director and other appointed supervisors and
training instructors for National Civilian
Community Corps programs.
(B) Appointment
The Chief Executive Officer shall consider
the recommendations of the Director in appointing the other members of the permanent cadre.
(C) Employment considerations
In appointing individuals to cadre positions, the Chief Executive Officer shall—
(i) give consideration to retired, discharged, and other inactive members and
former members of the Armed Forces recommended under section 12622(b) 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;
(iv) give consideration to retired and
other former law enforcement, fire, rescue,
and emergency personnel, and other individuals with backgrounds in disaster preparedness, relief, and recovery; and

§ 12619

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(v) consider applicants’ experience in
other youth service programs.
(D) Community service credit
Service as a member of the cadre shall be
considered as a community service opportunity for purposes of section 4403 of the National Defense Authorization Act for Fiscal
Year 1993.
(E) Training
The Director shall provide to other members of the permanent cadre appropriate
training in youth development techniques,
including techniques for working with and
enhancing the development of disadvantaged
youth, and the principles of service-learning.
All members of the permanent cadre shall be
required to participate in the training.
(3) Inapplicability of certain civil service laws
The Director, other members of the permanent cadre, and the other staff personnel shall
be appointed without regard to the provisions
of title 5 governing appointments in the competitive service. The rates of pay of such persons may be established without regard to the
provisions of 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 12622(b)(1) 1 of this title and is entitled to
retired or retainer pay, section 5532 2 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.
(Pub. L. 101–610, title I, § 159, formerly § 195H, as
added Pub. L. 102–484, div. A, title X, § 1092(a)(1),
Oct. 23, 1992, 106 Stat. 2528; renumbered § 159 and
amended Pub. L. 103–82, title I, § 104(b), (e)(2)(E),
title IV, §§ 402(b)(1), 403(a)(1)–(3), (b), Sept. 21,
1993, 107 Stat. 840, 847, 918–920; Pub. L. 103–304,
§ 3(b)(5)(B), Aug. 23, 1994, 108 Stat. 1567; Pub. L.
103–337, div. A, title VI, § 640, Oct. 5, 1994, 108
Stat. 2791; Pub. L. 111–13, title I, § 1509, Apr. 21,
2009, 123 Stat. 1525; Pub. L. 115–232, div. A, title
V, § 553(b)(3), Aug. 13, 2018, 132 Stat. 1772.)
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 5532 of title 5, referred to in subsec. (c)(3), was
repealed by Pub. L. 106–65, div. A, title VI, § 651(a)(1),
Oct. 5, 1999, 113 Stat. 664.
1 So

in original. Probably should be preceded by ‘‘section’’.
References in Text note below.

2 See

Page 7870

CODIFICATION
Section was formerly classified to section 12653h of
this title prior to renumbering by Pub. L. 103–82,
§ 104(b).
AMENDMENTS
2018—Subsec. (c)(2)(D). Pub. L. 115–232 struck out
‘‘and as employment with a public service or community service organization for purposes of section 4464 of
that Act’’ before period at end.
2009—Subsec. (a). Pub. L. 111–13, § 1509(1)(A), substituted ‘‘National Civilian Community Corps Program’’ for ‘‘Civilian Community Corps Demonstration
Program’’ in introductory provisions.
Subsec. (a)(1). Pub. L. 111–13, § 1509(1)(B), inserted ‘‘including those’’ before ‘‘recommended’’ and ‘‘National’’
before ‘‘Civilian Community Corps’’.
Subsec. (b)(1). Pub. L. 111–13, § 1509(2), inserted ‘‘National’’ before ‘‘Civilian Community Corps’’.
Subsec. (c)(1)(B)(i). Pub. L. 111–13, § 1509(3)(A), inserted ‘‘National’’ before ‘‘Civilian Community Corps’’.
Subsec. (c)(2)(A). Pub. L. 111–13, § 1509(3)(B)(i), substituted ‘‘The Chief Executive Officer shall establish a
permanent cadre that includes the Director and other
appointed’’ for ‘‘The Director shall establish a permanent cadre of’’ and inserted ‘‘National’’ before ‘‘Civilian
Community Corps’’.
Subsec. (c)(2)(B). Pub. L. 111–13, § 1509(3)(B)(ii), substituted ‘‘The Chief Executive Officer shall consider the
recommendations of the Director in appointing the
other members’’ for ‘‘The Director shall appoint the
members’’.
Subsec. (c)(2)(C). Pub. L. 111–13, § 1509(3)(B)(iii)(I), substituted ‘‘the Chief Executive Officer’’ for ‘‘the Director’’ in introductory provisions.
Subsec. (c)(2)(C)(i). Pub. L. 111–13, § 1509(3)(B)(iii)(II),
substituted ‘‘section 12622(b)’’ for ‘‘section 12622(a)(2)’’.
Subsec.
(c)(2)(C)(iv),
(v).
Pub.
L.
111–13,
§ 1509(3)(B)(iii)(III)–(V), added cl. (iv) and redesignated
former cl. (iv) as (v).
Subsec. (c)(2)(E). Pub. L. 111–13, § 1509(3)(B)(iv), substituted ‘‘to other members’’ for ‘‘to members’’, inserted ‘‘, including techniques for working with and enhancing the development of disadvantaged youth,’’
after ‘‘techniques’’, and substituted ‘‘service-learning’’
for ‘‘service learning’’.
Subsec. (c)(3). Pub. L. 111–13, § 1509(3)(C), substituted
‘‘other members’’ for ‘‘the members’’ and ‘‘12622(b)(1)’’
for ‘‘section 12622(a)(2)(A)’’.
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, § 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, § 104(e)(2)(E)(i)(I), substituted ‘‘section
12612’’ for ‘‘section 12653a’’ in introductory provisions.
Subsec. (a)(1). Pub. L. 103–82, § 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, § 104(e)(2)(E)(i)(II), substituted ‘‘section 12611’’ for ‘‘section 12653’’.
Subsec. (b). Pub. L. 103–82, § 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, § 402(b)(1), substituted
‘‘by the Corporation’’ for ‘‘by the Commission’’.

Page 7871

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Subsec. (c)(1)(A). Pub. L. 103–82, § 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, § 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, § 104(e)(2)(E)(ii),
substituted ‘‘section 12622(a)(2)’’ for ‘‘12653k(a)(2)’’.
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 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.

§ 12620. Status of Corps members and Corps personnel under Federal law
(a) In general
Except as otherwise provided in this section,
members of the National Civilian Community
Corps shall not, by reason of their status as such
members, be considered Federal employees or be
subject to the provisions of law relating to Federal employment.
(b) Work-related injuries
(1) In general
For purposes of subchapter I of 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.
(Pub. L. 101–610, title I, § 160, formerly § 195I, as
added Pub. L. 102–484, div. A, title X, § 1092(a)(1),
Oct. 23, 1992, 106 Stat. 2530; renumbered § 160,
Pub. L. 103–82, title I, § 104(b), Sept. 21, 1993, 107
Stat. 840; amended Pub. L. 111–13, title I, § 1510,
Apr. 21, 2009, 123 Stat. 1526.)
CODIFICATION
Section was formerly classified to section 12653i of
this title prior to renumbering by Pub. L. 103–82,
§ 104(b).

§ 12621

AMENDMENTS
2009—Subsec. (a). Pub. L. 111–13 inserted ‘‘National’’
before ‘‘Civilian Community Corps’’.
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.

§ 12621. Contract and grant authority
(a) Programs
The Director may, by contract or grant, provide for any public or private organization to
carry out the National Civilian Community
Corps program.
(b) Equipment and facilities
(1) Federal and National Guard property
The Director shall enter into agreements, as
necessary, with the Secretary of Defense, the
Governor of a State, territory or commonwealth, or the commanding general of the District of Columbia National Guard, as the case
may be, to utilize—
(A) equipment of the Department of Defense and equipment of the National Guard;
and
(B) Department of Defense facilities and
National Guard facilities identified pursuant
to section 12622(c) 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 National Civilian
Community Corps and leaders of Corps units.
(Pub. L. 101–610, title I, § 161, formerly § 195J, as
added Pub. L. 102–484, div. A, title X, § 1092(a)(1),
Oct. 23, 1992, 106 Stat. 2530; renumbered § 161 and
amended Pub. L. 103–82, title I, § 104(b), (e)(2)(F),
Sept. 21, 1993, 107 Stat. 840, 847; Pub. L. 111–13,
title I, § 1511, Apr. 21, 2009, 123 Stat. 1526.)
CODIFICATION
Section was formerly classified to section 12653j of
this title prior to renumbering by Pub. L. 103–82,
§ 104(b).
PRIOR PROVISIONS
A prior section 12621, Pub. L. 101–610, title I, § 165,
Nov. 16, 1990, 104 Stat. 3159, related to rural youth service demonstration project, prior to repeal by Pub. L.
103–82, § 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
2009—Subsec. (a). Pub. L. 111–13, § 1511(1), substituted
‘‘carry out the National Civilian Community Corps program’’ for ‘‘perform any program function under this
division’’.
Subsec. (b)(1)(B). Pub. L. 111–13, § 1511(2)(A), substituted ‘‘section 12622(c)’’ for ‘‘section 12622(a)(3)’’.
Subsec. (b)(2). Pub. L. 111–13, § 1511(2)(B), inserted
‘‘National’’ before ‘‘Civilian Community Corps’’.
1993—Subsec. (b)(1)(B). Pub. L. 103–82, § 104(e)(2)(F),
substituted
‘‘section
12622(a)(3)’’
for
‘‘section
12653k(a)(3)’’.

PRIOR PROVISIONS

EFFECTIVE DATE OF 2009 AMENDMENT

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, § 104(a).

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.

§ 12622

TITLE 42—THE PUBLIC HEALTH AND WELFARE
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.

§ 12622. Responsibilities of Department of Defense
(a) Liaison office
(1) Establishment
Upon the establishment of the Program, the
Secretary of Defense shall establish an office
to provide for liaison between the Secretary
and the National Civilian Community Corps.
(2) Duties
The office shall provide assistance in the coordination of Department of Defense activities
with the Corps.
(b) Corps cadre
(1) List of recommended personnel
Upon the establishment of the Program, the
Secretary of Defense, in consultation with the
liaison office established under subsection (a)
shall develop a list of individuals from which
individuals may be selected for appointment
by the Director in the permanent cadre of
Corps personnel. Such personnel shall be selected from among members and former members of the Armed Forces referred to in section
12611(3) 1 of this title who are commissioned officers, noncommissioned officers, former commissioned officers, or former noncommissioned officers.
(2) Recommendations regarding grade and pay
The Secretary of Defense shall recommend
to the Director an appropriate rate of pay for
each person recommended for the cadre pursuant to this subsection.
(3) Contribution for retired member’s pay
If a listed individual receiving retired or retainer pay is appointed to a position in the
cadre and the rate of pay for that individual is
established at the amount equal to the difference between the active duty pay and allowances which that individual would receive
if ordered to active duty and the amount of
the individual’s retired or retainer pay, the
Secretary of Defense shall pay, by transfer to
the Corporation from amounts available for
pay of active duty members of the Armed
Forces, the amount equal to 50 percent of that
individual’s rate of pay for service in the
cadre.
(c) Facilities
Upon the establishment of the Program, the
Secretary of Defense shall identify military installations and other facilities of the Department of Defense and, in consultation with the
adjutant generals of the State National Guards,
National Guard facilities that may be used, in
whole or in part, by the National Civilian Community Corps for training or housing Corps
members. The Secretary of Defense shall carry
out this subsection in consultation with the liaison office established under subsection (a).
1 See

References in Text note below.

Page 7872

(d) Information regarding Corps
The Secretary of Defense may permit Armed
Forces recruiters to inform potential applicants
for the Corps regarding service in the Corps as
an alternative to service in the Armed Forces.
(Pub. L. 101–610, title I, § 162, formerly § 195K, as
added Pub. L. 102–484, div. A, title X, § 1092(a)(1),
Oct. 23, 1992, 106 Stat. 2531; renumbered § 162 and
amended Pub. L. 103–82, title I, § 104(b), (e)(2)(G),
title IV, § 402(b)(2), Sept. 21, 1993, 107 Stat. 840,
847, 919; Pub. L. 103–304, § 3(b)(5)(C), Aug. 23, 1994,
108 Stat. 1567; Pub. L. 111–13, title I, § 1512, Apr.
21, 2009, 123 Stat. 1526; Pub. L. 115–232, div. A,
title V, § 553(b)(4), Aug. 13, 2018, 132 Stat. 1772.)
REFERENCES IN TEXT
Section 12611 of this title, referred to in subsec. (b)(1),
was amended generally by Pub. L. 111–13, title I, § 1501,
Apr. 21, 2009, 123 Stat. 1521, and section 12611(3) no
longer relates to members and former members of the
Armed Forces.
CODIFICATION
Section was formerly classified to section 12653k of
this title prior to renumbering by Pub. L. 103–82,
§ 104(b).
PRIOR PROVISIONS
A prior section 12622, Pub. L. 101–610, title I, § 166,
Nov. 16, 1990, 104 Stat. 3159; Pub. L. 102–384, § 8, Oct. 5,
1992, 106 Stat. 1456, related to assistance for Head Start
programs, prior to repeal by Pub. L. 103–82, § 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
2018—Subsec. (a)(2). Pub. L. 115–232 substituted ‘‘shall
provide’’ for ‘‘shall—
‘‘(A) in order to assist in the recruitment of personnel for appointment in the permanent cadre, make
available to the Director information in the registry
established by section 1143a of title 10; and
‘‘(B) provide other’’.
2009—Pub. L. 111–13, § 1512(b)(2)–(5)(A), substituted
‘‘Liaison office’’ for ‘‘Secretary of Defense’’ as subsec.
(a) heading, struck out par. (1) heading ‘‘Liaison office’’
after subsec. (a) heading, redesignated subpars. (A) and
(B) of former subsec. (a)(1) as pars. (1) and (2), respectively, of subsec. (a), redesignated cls. (i) and (ii) of
former subsec. (a)(1)(B) as subpars. (A) and (B), respectively, of subsec. (a)(2), redesignated former pars. (2) to
(4) of subsec. (a) as subsecs. (b) to (d), respectively, redesignated former subpars. (A) to (C) of former subsec.
(a)(2) as pars. (1) to (3), respectively, of subsec. (b), and
realigned margins.
Pub. L. 111–13, § 1512(b)(1), substituted ‘‘Department of
Defense’’ for ‘‘other departments’’ in section catchline.
Subsec. (a)(1). Pub. L. 111–13, § 1512(a)(1)(A), inserted
‘‘National’’ before ‘‘Civilian Community Corps’’ in subpar. (A) and substituted ‘‘the registry established by
section 1143a of title 10;’’ for ‘‘the registry established
by section 4462 of the National Defense Authorization
Act for Fiscal Year 1993;’’ in subpar. (B)(i).
Subsec. (a)(2)(A). Pub. L. 111–13, § 1512(a)(1)(B), substituted ‘‘from which individuals may be selected for
appointment by the Director’’ for ‘‘to be recommended
for appointment’’.
Subsec. (a)(3). Pub. L. 111–13, § 1512(a)(1)(C), inserted
‘‘National’’ before ‘‘Civilian Community Corps’’.
Subsec. (b). Pub. L. 111–13, § 1512(a)(2), struck out subsec. (b). Text read as follows: ‘‘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 Sec-

Page 7873

TITLE 42—THE PUBLIC HEALTH AND WELFARE

retary of Labor may utilize the Employment Service
Agency or the Office of Job Training.’’
Subsec. (b)(1). Pub. L. 111–13, § 1512(b)(5)(B), substituted ‘‘subsection (a)’’ for ‘‘paragraph (1)’’.
Subsec. (b)(2). Pub. L. 111–13, § 1512(b)(5)(C), substituted ‘‘subsection’’ for ‘‘paragraph’’.
Subsec. (c). Pub. L. 111–13, § 1512(b)(6), substituted
‘‘this subsection’’ for ‘‘this paragraph’’ and ‘‘subsection
(a)’’ for ‘‘paragraph (1)’’.
1994—Subsec. (a)(1)(B)(ii). 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’’, could not be executed because ‘‘section 4462 of the National Defense Authorization Act for Fiscal Year 1993’’ did not appear in cl. (ii).
1993—Subsec. (a)(2)(A). Pub. L. 103–82, § 104(e)(2)(G),
substituted ‘‘section 12611(3)’’ for ‘‘section 12653(3)’’.
Subsec. (a)(2)(C). Pub. L. 103–82, § 402(b)(2), substituted
‘‘Corporation’’ for ‘‘Commission on National and Community Service’’.
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 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.

§ 12623. Advisory Board
(a) Establishment and purpose
There shall be established a National Civilian
Community Corps Advisory Board to advise the
Director concerning the administration of this
division and to assist the Corps in responding
rapidly and efficiently in times of natural and
other disasters. The Advisory Board members
shall help coordinate activities with the Corps
as appropriate, including the mobilization of
volunteers and coordination of volunteer centers
to help local communities recover from the effects of natural and other disasters.
(b) Membership
The Advisory Board shall be composed of the
following members:
(1) The Secretary of Labor.
(2) The Secretary of Defense.
(3) The Secretary of the Interior.
(4) The Secretary of Agriculture.
(5) The Secretary of Education.
(6) The Secretary of Housing and Urban Development.
(7) The Chief of the National Guard Bureau.
(8) The Administrator of the Federal Emergency Management Agency.
(9) The Secretary of Transportation.
(10) The Chief of the Forest Service.
(11) The Administrator of the Environmental
Protection Agency.
(12) The Secretary of Energy.
(13) Individuals appointed by the Director
from among persons who are broadly representative of educational institutions, voluntary organizations, public and private organizations, youth, and labor unions.
(14) The Chief Executive Officer.
(c) Inapplicability of termination requirement
Section 14 of the Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Advisory Board.

§ 12624

(Pub. L. 101–610, title I, § 163, formerly § 195L, as
added Pub. L. 102–484, div. A, title X, § 1092(a)(1),
Oct. 23, 1992, 106 Stat. 2532; renumbered § 163 and
amended Pub. L. 103–82, title I, § 104(b), title IV,
§§ 402(b)(3), 403(b), Sept. 21, 1993, 107 Stat. 840, 919,
920; Pub. L. 111–13, title I, § 1513, Apr. 21, 2009, 123
Stat. 1527.)
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.
CODIFICATION
Section was formerly classified to section 12653l of
this title prior to renumbering by Pub. L. 103–82.
PRIOR PROVISIONS
A prior section 12623, Pub. L. 101–610, title I, § 167,
Nov. 16, 1990, 104 Stat. 3159, related to employer-based
retiree volunteer programs, prior to repeal by Pub. L.
103–82, title I, § 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
2009—Subsec. (a). Pub. L. 111–13, § 1513(1), substituted
‘‘There shall be’’ for ‘‘Upon the establishment of the
Program, there shall also be’’, inserted ‘‘National’’ before ‘‘Civilian Community Corps Advisory Board’’, and
substituted ‘‘to assist the Corps in responding rapidly
and efficiently in times of natural and other disasters.
The Advisory Board members shall help coordinate activities with the Corps as appropriate, including the
mobilization of volunteers and coordination of volunteer centers to help local communities recover from
the effects of natural and other disasters.’’ for ‘‘to assist in the development and administration of the
Corps.’’
Subsec. (b)(8) to (12). Pub. L. 111–13, § 1513(2)(B), added
pars. (8) to (12). Former pars. (8) and (9) redesignated
(13) and (14), respectively.
Subsec. (b)(13). Pub. L. 111–13, § 1513(2)(A), (C), redesignated par. (8) as (13) and substituted ‘‘public and private organizations,’’ for ‘‘industry,’’.
Subsec. (b)(14). Pub. L. 111–13, § 1513(2)(A), redesignated par. (9) as (14).
1993—Subsec. (a). Pub. L. 103–82, § 403(b), substituted
‘‘Director’’ for ‘‘Director of the Civilian Community
Corps’’.
Subsec. (b)(9). Pub. L. 103–82, § 402(b)(3), substituted
‘‘Chief Executive Officer’’ for ‘‘Chair of the Commission
on National and Community Service’’.
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 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.

§ 12624. Evaluations
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 periodic evaluations
of the National Civilian Community Corps Program authorized under this division. Upon completing each such evaluation, the Corporation
shall transmit to the authorizing committees a
report on the evaluation.

§ 12625

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(Pub. L. 101–610, title I, § 164, formerly § 195M, as
added Pub. L. 102–484, div. A, title X, § 1092(a)(1),
Oct. 23, 1992, 106 Stat. 2532; renumbered § 164 and
amended Pub. L. 103–82, title I, § 104(b), title IV,
§ 402(b)(2), Sept. 21, 1993, 107 Stat. 840, 919; Pub. L.
111–13, title I, § 1514, Apr. 21, 2009, 123 Stat. 1528.)
CODIFICATION
Section was formerly classified to section 12653m of
this title prior to renumbering by Pub. L. 103–82,
§ 104(b).
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, § 104(a).
AMENDMENTS
2009—Pub. L. 111–13 in section catchline substituted
‘‘Evaluations’’ for ‘‘Annual evaluation’’ and in text
substituted ‘‘periodic evaluations’’ for ‘‘an annual evaluation’’ and ‘‘National Civilian Community Corps Program’’ for ‘‘Civilian Community Corps programs’’ and
inserted at end ‘‘Upon completing each such evaluation, the Corporation shall transmit to the authorizing
committees a report on the evaluation.’’
1993—Pub. L. 103–82, § 402(b)(2), substituted ‘‘Corporation’’ for ‘‘Commission on National and Community
Service’’.
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 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.

§ 12625. Repealed. Pub. L. 111–13, title I, § 1515,
Apr. 21, 2009, 123 Stat. 1528
Section, Pub. L. 101–610, title I, § 165, formerly § 195N,
as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct.
23, 1992, 106 Stat. 2532; renumbered § 165 and amended
Pub. L. 103–82, title I, § 104(b), title IV, § 402(b)(1), Sept.
21, 1993, 107 Stat. 840, 918, directed the Corporation to
ensure that no amounts appropriated under section
12681 of this title be utilized to carry out this division.
Section was formerly classified to section 12653n of
this title prior to renumbering by section 104(b) of Pub.
L. 103–82.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12626. Definitions
In this division:
(1) Board
The term ‘‘Board’’ means the Board of Directors of the Corporation.
(2) Campus director
The term ‘‘campus director’’, with respect to
a Corps campus, means the head of the campus
under section 12615(d) of this title.
(3) Corps
The term ‘‘Corps’’ means the National Civilian Community Corps required under section
12615 of this title as part of the National Civilian Community Corps Program.

Page 7874

(4) Corps campus
The term ‘‘Corps campus’’ means the facility
or central location established as the operational headquarters and boarding place for
particular Corps units.
(5) Corps members
The term ‘‘Corps members’’ means persons
receiving training and participating in
projects under the National Civilian Community Corps Program.
(6) Director
The term ‘‘Director’’ means the Director of
the National Civilian Community Corps.
(7) Institution of higher education
The term ‘‘institution of higher education’’
has the meaning given that term in section
1001 of title 20.
(8) Program
The term ‘‘Program’’ means the National Civilian Community Corps Program established
pursuant to section 12612 of this title.
(9) Service-learning
The term ‘‘service-learning’’, with respect to
Corps members, means a method—
(A) under which Corps members learn and
develop through active participation in
thoughtfully organized service experiences
that meet actual community needs;
(B) that provides structured time for a
Corps member to think, talk, or write about
what the Corps member did and saw during
an actual service activity;
(C) that provides Corps members with opportunities to use newly acquired skills and
knowledge in real life situations in their
own communities; and
(D) that helps to foster the development of
a sense of caring for others, good citizenship,
and civic responsibility.
(10) Unit
The term ‘‘unit’’ means a unit of the Corps
referred to in section 12615(c) of this title.
(Pub. L. 101–610, title I, § 165, formerly § 195O, as
added Pub. L. 102–484, div. A, title X, § 1092(a)(1),
Oct. 23, 1992, 106 Stat. 2532; renumbered § 166 and
amended Pub. L. 103–82, title I, § 104(b), (e)(2)(H),
title IV, §§ 402(b)(2), 403(a)(4), Sept. 21, 1993, 107
Stat. 840, 847, 919; Pub. L. 105–244, title I,
§ 102(a)(13)(L), Oct. 7, 1998, 112 Stat. 1621; renumbered § 165 and amended Pub. L. 111–13, title I,
§ 1516, Apr. 21, 2009, 123 Stat. 1528.)
CODIFICATION
Section was formerly classified to section 12653o of
this title prior to renumbering by Pub. L. 103–82,
§ 104(b).
PRIOR PROVISIONS
A prior section 165 of Pub. L. 101–610 was classified to
section 12625 of this title prior to repeal by Pub. L.
111—13, title I, § 1515, Apr. 21, 2009, 123 Stat. 1528, effective Oct. 1, 2009.
Another prior section 165 of Pub. L. 101–610 was classified to section 12621 of this title prior to repeal by Pub.
L. 103–82, § 104(a).
AMENDMENTS
2009—Pars. (2) to (4). Pub. L. 111–13, § 1516(2)(A), (C),
added pars. (2) to (4) and struck out former pars. (2) and
(3) which read as follows:

Page 7875

TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘(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.’’
Former par. (4) redesignated (5).
Par. (5). Pub. L. 111–13, § 1516(2)(B), (D), redesignated
par. (4) as (5) and substituted ‘‘National Civilian Community Corps Program’’ for ‘‘Civilian Community
Corps Demonstration Program’’. Former par. (5) redesignated (6).
Par. (6). Pub. L. 111–13, § 1516(2)(B), (E), redesignated
par. (5) as (6) and inserted ‘‘National’’ before ‘‘Civilian
Community Corps’’. Former par. (6) redesignated (7).
Par. (7). Pub. L. 111–13, § 1516(2)(B), redesignated par.
(6) as (7). Former par. (7) redesignated (8).
Par. (8). Pub. L. 111–13, § 1516(2)(F), which directed
substitution of ‘‘The term ‘Program’ means the National Civilian Community Corps Program’’ for ‘‘ ‘The
terms’ and all that follows through ‘Demonstration
Program’ ’’, was executed by making the substitution
for ‘‘The terms ‘Civilian Community Corps Demonstration Program’ and ‘Program’ mean the Civilian Community Corps Demonstration Program’’ to reflect the
probable intent of Congress.
Pub. L. 111–13, § 1516(2)(B), redesignated par. (7) as (8).
Former par. (8) redesignated (9).
Par. (9). Pub. L. 111–13, § 1516(2)(G), substituted ‘‘Service-learning’’ for ‘‘Service learning’’ in heading and
‘‘service-learning’’ for ‘‘service learning’’ in introductory provisions.
Pub. L. 111–13, § 1516(2)(A), (B), redesignated par. (8) as
(9) and struck out former par. (9). Text read as follows:
‘‘The term ‘superintendent’, with respect to a Corps
camp, means the head of the camp under section
12615(d) of this title.’’
1998—Par. (6). Pub. L. 105–244 substituted ‘‘section
1001’’ for ‘‘section 1141(a)’’.
1993—Par. (1). Pub. L. 103–82, § 402(b)(2), substituted
‘‘Corporation’’ for ‘‘Commission on National and Community Service’’.
Par. (2). Pub. L. 103–82, § 104(e)(2)(H)(i), substituted
‘‘section 12615’’ for ‘‘section 12653d’’.
Par. (6). Pub. L. 103–82, § 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, § 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, § 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, § 104(e)(2)(H)(ii), substituted ‘‘section
12612’’ for ‘‘section 12653a’’.
Par. (9). Pub. L. 103–82, § 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, § 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, § 104(e)(2)(H)(iii), substituted ‘‘section
12615(d)’’ for ‘‘section 12653d(d)’’.
Par. (11). Pub. L. 103–82, § 403(a)(4)(B), which directed
amendment of par. (6) of this section by redesignating

§ 12631

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, § 104(e)(2)(H)(iv), substituted ‘‘section
12615(c)’’ for ‘‘section 12653d(c)’’.
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 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.

Division F—Administrative Provisions
§ 12631. Family and medical leave
(a) Participants in private, State, and local
projects
For purposes of title I of the Family and Medical Leave Act of 1993 [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 authorized
under the national service laws; 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.
(Pub. L. 101–610, title I, § 171, Nov. 16, 1990, 104
Stat. 3159; Pub. L. 103–82, title I, § 113(a), Sept.
21, 1993, 107 Stat. 861; Pub. L. 111–13, title I,
§ 1601, Apr. 21, 2009, 123 Stat. 1529.)
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

§ 12632

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Stat. 6. Title I of the Act is classified generally to subchapter I (§ 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.
AMENDMENTS
2009—Subsec. (a)(1). Pub. L. 111–13 substituted ‘‘with
respect to a project authorized under the national service laws’’ for ‘‘with respect to a project’’.
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 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 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.

§ 12632. Reports
(a) State reports
(1) In general
Each State receiving assistance under this
subchapter shall prepare and submit, to the
Corporation, an annual report concerning the
use of assistance provided under this subchapter and the status of the national and
community service programs that receive assistance under such subchapter in such State.
(2) Local grantees
Each State may require local grantees that
receive assistance under this subchapter to
supply such information to the State as is necessary to enable the State to complete the report required under paragraph (1), including a
comparison of actual accomplishments with
the goals established for the program, the
number of participants in the program, the
number of service hours generated, and the existence of any problems, delays or adverse conditions that have affected or will affect the attainment of program goals.
(3) Report demonstrating compliance
(A) In general
Each State receiving assistance under this
subchapter shall include information in the
report required under paragraph (1) that
demonstrates the compliance of the State
with the provisions of this chapter, including 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

Page 7876

submit, to the authorizing committees, the
Committee on Appropriations of the House of
Representatives, and the Committee on Appropriations of the Senate, a report concerning
the programs that receive assistance under
the national service laws.
(2) Content
Reports submitted under paragraph (1) shall
contain a summary of the information contained in the State reports submitted under
subsection (a), and shall reflect the findings
and actions taken as a result of any evaluation conducted by the Corporation.
(Pub. L. 101–610, title I, § 172, Nov. 16, 1990, 104
Stat. 3159; Pub. L. 103–82, title I, § 114, title IV,
§ 402(b)(1), Sept. 21, 1993, 107 Stat. 861, 918; Pub. L.
111–13, title I, § 1602, Apr. 21, 2009, 123 Stat. 1529;
Pub. L. 112–81, div. A, title X, § 1063(c), Dec. 31,
2011, 125 Stat. 1586.)
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, 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.
AMENDMENTS
2011—Subsec. (c). Pub. L. 112–81 struck out subsec. (c).
Prior to amendment, text read as follows:
‘‘(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 authorizing committees, the
Committee on Armed Services of the House of Representatives, and the Committee on Armed Services of
the Senate 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.’’
2009—Subsec. (b)(1). Pub. L. 111–13, § 1602(1), which directed substitution of ‘‘authorizing committees, the
Committee on Appropriations of the House of Representatives, and the Committee on Appropriations of
the Senate’’ for ‘‘appropriate authorizing and appropriations Committees of Congress’’, was executed by
making the substitution for ‘‘appropriate authorizing
and appropriation Committees of Congress’’ to reflect
the probable intent of Congress.
Subsec. (c)(2). Pub. L. 111–13, § 1602(2), substituted
‘‘the authorizing committees, the Committee on Armed
Services of the House of Representatives, and the Committee on Armed Services of the Senate’’ for ‘‘the appropriate committees of Congress’’.
1993—Subsec. (a)(1). Pub. L. 103–82, § 402(b)(1), substituted ‘‘Corporation’’ for ‘‘Commission’’.
Subsec. (a)(3)(A). Pub. L. 103–82, § 114(1), substituted
‘‘section 12637’’ for ‘‘sections 12637 and 12523(9)’’.
Subsec. (b). Pub. L. 103–82, § 114(2)(A), substituted
‘‘Report to Congress by Corporation’’ for ‘‘Report to
Congress’’ in heading.
Subsec. (b)(1). Pub. L. 103–82, § 402(b)(1), substituted
‘‘Corporation’’ for ‘‘Commission’’.
Pub. L. 103–82, § 114(2)(B), substituted ‘‘the national
service laws’’ for ‘‘this subchapter’’.
Subsec. (b)(2). Pub. L. 103–82, § 402(b)(1), substituted
‘‘Corporation’’ for ‘‘Commission’’.
Subsec. (c). Pub. L. 103–82, § 114(3), added subsec. (c).
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.

Page 7877

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.

§ 12633. Supplementation
(a) In general
Assistance provided under this subchapter
shall be used to supplement the level of State
and local public funds expended for services of
the type assisted under this subchapter in the
previous fiscal year.
(b) Aggregate expenditure
Subsection (a) shall be satisfied, with respect
to a particular program, if the aggregate expenditure for such program for the fiscal year in
which services are to be provided will not be less
than the aggregate expenditure for such program in the previous fiscal year, excluding the
amount of Federal assistance provided and any
other amounts used to pay the remainder of the
costs of programs assisted under this subchapter.
(Pub. L. 101–610, title I, § 173, Nov. 16, 1990, 104
Stat. 3160.)
§ 12634. Prohibition on use of funds
(a) Prohibited uses
No assistance made available under a grant
under this subchapter shall be used to provide
religious instruction, conduct worship services,
or engage in any form of proselytization.
(b) Political activity
Assistance provided under this subchapter
shall not be used by program participants and
program staff to—
(1) assist, promote, or deter union organizing; or
(2) finance, directly or indirectly, any activity designed to influence the outcome of an
election to Federal office or the outcome of an
election to a State or local public office.
(c) Contracts or collective bargaining agreements
A program that receives assistance under this
subchapter shall not impair existing contracts
for services or collective bargaining agreements.
(d) Referrals for Federal assistance
A program may not receive assistance under
the national service laws for the sole purpose of
referring individuals to Federal assistance programs or State assistance programs funded in
part by the Federal Government.
(Pub. L. 101–610, title I, § 174, Nov. 16, 1990, 104
Stat. 3160; Pub. L. 111–13, title I, § 1603, Apr. 21,
2009, 123 Stat. 1529.)
AMENDMENTS
2009—Subsec. (d). Pub. L. 111–13 added subsec. (d).
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.

§ 12635

§ 12635. Nondiscrimination
(a) In general
(1) Basis
An individual with responsibility for the operation of a project that receives assistance
under this subchapter shall not discriminate
against a participant in, or member of the
staff of, such project on the basis of race,
color, national origin, sex, age, or political affiliation of such participant or member, or on
the basis of disability, if the participant or
member is a qualified individual with a disability.
(2) ‘‘Qualified individual with a disability’’ defined
As used in paragraph (1), the term ‘‘qualified
individual with a disability’’ has the meaning
given the term in 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.
(Pub. L. 101–610, title I, § 175, Nov. 16, 1990, 104
Stat. 3161; Pub. L. 103–82, title I, § 115, Sept. 21,
1993, 107 Stat. 862.)
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 (§ 2000d et seq.) of chapter 21 of this title. For com-

§ 12636

TITLE 42—THE PUBLIC HEALTH AND WELFARE

plete 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 (§ 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 (§ 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.
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.

§ 12636. Notice, hearing, and grievance procedures
(a) In general
(1) Suspension of payments
The Corporation may in accordance with the
provisions of this subchapter, suspend or terminate payments under a contract or grant
providing assistance under this subchapter, or
revoke the designation of positions, related to
the grant or contract, as approved national
service positions, whenever the Corporation
determines there is a material failure to comply with this subchapter or the applicable
terms and conditions of any such grant or contract issued pursuant to this subchapter.
(2) Procedures to ensure assistance
The Corporation shall prescribe procedures
to ensure that—
(A) assistance provided under this subchapter shall not be suspended for failure to
comply with the applicable terms and conditions of this subchapter except, in emergency situations, a suspension may be granted for 1 or more periods of 30 days not to exceed a total of 90 days; and
(B) assistance provided under this subchapter shall not be terminated or revoked
for failure to comply with applicable terms
and conditions of this subchapter unless the
recipient of such assistance has been afforded reasonable notice and opportunity for
a full and fair hearing.
(b) Hearings
Hearings or other meetings that may be necessary to fulfill the requirements of this section
shall be held at locations convenient to the recipient of assistance under this subchapter.
(c) Transcript or recording
A transcript or recording shall be made of a
hearing conducted under this section and shall
be available for inspection by any individual.

Page 7878

(d) State legislation
Nothing in this subchapter shall be construed
to preclude the enactment of State legislation
providing for the implementation, consistent
with this subchapter, of the programs administered under this subchapter.
(e) Construction
Nothing in this subchapter shall be construed
to link performance of service with receipt of
Federal student financial assistance, other than
assistance provided pursuant to this chapter.
(f) Grievance procedure
(1) In general
An entity that receives assistance under this
subchapter shall establish and maintain a procedure for the filing and adjudication of grievances from participants, labor organizations,
and other interested individuals concerning
projects that receive assistance under this
subchapter, including grievances regarding
proposed placements of such participants in
such projects.
(2) Deadline for grievances
Except for a grievance that alleges fraud or
criminal activity, a grievance shall be made
not later than 1 year after the date of the alleged occurrence of the event that is the subject of the grievance.
(3) Deadline for hearing and decision
(A) Hearing
A hearing on any grievance conducted
under this subsection shall be conducted not
later than 30 days after the filing of such
grievance.
(B) Decision
A decision on any such grievance shall be
made not later than 60 days after the filing
of such grievance.
(4) Arbitration
(A) In general
(i) Jointly selected arbitrator
In the event of a decision on a grievance
that is adverse to the party who filed such
grievance, or 60 days after the filing of
such grievance if no decision has been
reached, such party shall be permitted to
submit such grievance to binding arbitration before a qualified arbitrator who is
jointly selected and independent of the interested parties.
(ii) Appointed arbitrator
If the parties cannot agree on an arbitrator, the Chief Executive Officer shall
appoint an arbitrator from a list of qualified arbitrators within 15 days after receiving a request for such appointment from
one of the parties to the grievance.
(B) Deadline for proceeding
An arbitration proceeding shall be held
not later than 45 days after the request for
such arbitration proceeding, or, if the arbitrator is appointed by the Chief Executive
Officer in accordance with subparagraph
(A)(ii), not later than 30 days after the appointment of such arbitrator.

Page 7879

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(C) Deadline for decision
A decision concerning a grievance shall be
made not later than 30 days after the date
such arbitration proceeding begins.
(D) Cost
(i) In general
Except as provided in clause (ii), the cost
of an arbitration proceeding shall be divided evenly between the parties to the arbitration.
(ii) Exception
If a participant, labor organization, or
other interested individual described in
paragraph (1) prevails under a binding arbitration proceeding, the State or local applicant described in paragraph (1) that is a
party to such grievance shall pay the total
cost of such proceeding and the attorneys’
fees of such participant, labor organization, or individual, as the case may be.
(5) Proposed placement
If a grievance is filed regarding a proposed
placement of a participant in a project that
receives assistance under this subchapter,
such placement shall not be made unless the
placement is consistent with the resolution of
the grievance pursuant to this subsection.
(6) Remedies
Remedies for a grievance filed under this
subsection include—
(A) suspension of payments for assistance
under this subchapter;
(B) termination of such payments;
(C) prohibition of the placement described
in paragraph (5);
(D) in a case in which the grievance is filed
by an individual applicant or participant—
(i) the applicant’s selection or the participant’s reinstatement, as the case may
be; and
(ii) other changes in the terms and conditions of service applicable to the individual; and
(E) in a case in which the grievance involves a violation of subsection (a) or (b) of
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.

§ 12637

(Pub. L. 101–610, title I, § 176, Nov. 16, 1990, 104
Stat. 3161; Pub. L. 103–82, title I, § 116, title IV,
§ 402(b)(1), Sept. 21, 1993, 107 Stat. 863, 918; Pub. L.
111–13, title I, § 1604, Apr. 21, 2009, 123 Stat. 1529.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (e), was in the
original ‘‘this Act’’, meaning Pub. L. 101–610, Nov. 16,
1990, 104 Stat. 3127, 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.
AMENDMENTS
2009—Subsec. (a)(2)(A). Pub. L. 111–13, § 1604(1), substituted ‘‘1 or more periods of 30 days not to exceed a
total of 90 days’’ for ‘‘30 days’’.
Subsec. (f)(1). Pub. L. 111–13, § 1604(2)(A), substituted
‘‘An entity’’ for ‘‘A State or local applicant’’.
Subsec. (f)(6)(D), (E). Pub. L. 111–13, § 1604(2)(B), added
subpar. (D) and redesignated former subpar. (D) as (E).
1993—Subsec. (a)(1). Pub. L. 103–82, § 402(b)(1), substituted ‘‘Corporation’’ for ‘‘Commission’’ in two
places.
Pub. L. 103–82, § 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, § 402(b)(1), substituted
‘‘Corporation’’ for ‘‘Commission’’ in introductory provisions.
Subsec. (a)(2)(B). Pub. L. 103–82, § 116(a)(2), inserted
‘‘or revoked’’ after ‘‘terminated’’.
Subsec. (e). Pub. L. 103–82, § 116(b), inserted before period at end ‘‘, other than assistance provided pursuant
to this chapter’’.
Subsec. (f). Pub. L. 103–82, § 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 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 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.

§ 12637. Nonduplication and nondisplacement
(a) Nonduplication
(1) In general
Assistance provided under the national service laws shall be used only for a program that
does not duplicate, and is in addition to, an activity otherwise available in the locality of
such program.
(2) Private nonprofit entity
Assistance made available under the national service laws shall not be provided to a
private nonprofit entity to conduct activities
that are the same or substantially equivalent
to activities provided by a State or local government agency that such entity resides in,
unless the requirements of subsection (b) are
met.
(b) Nondisplacement
(1) In general
An employer shall not displace an employee,
position, or volunteer (other than a partici-

§ 12637

TITLE 42—THE PUBLIC HEALTH AND WELFARE

pant under the national service laws), including partial displacement such as reduction in
hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving assistance under
the national service laws.
(2) Service opportunities
A service opportunity shall not be created
under the national service laws that will infringe in any manner on the promotional opportunity of an employed individual.
(3) Limitation on services
(A) Duplication of services
A participant in a program receiving assistance under the national service laws
shall not perform any services or duties or
engage in activities that would otherwise be
performed by an employee as part of the assigned duties of such employee.
(B) Supplantation of hiring
A participant in any program receiving assistance under the national service laws
shall not perform any services or duties, or
engage in activities, that—
(i) will supplant the hiring of employed
workers; or
(ii) are services, duties, or activities
with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel
procedures.
(C) Duties formerly performed by another
employee
A participant in any program receiving assistance under the national service laws
shall not perform services or duties that
have been performed by or were assigned to
any—
(i) presently employed worker;
(ii) employee who recently resigned or
was discharged;
(iii) employee who—
(I) is subject to a reduction in force; or
(II) has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures;
(iv) employee who is on leave (terminal,
temporary, vacation, emergency, or sick);
or
(v) employee who is on strike or who is
being locked out.
(c) Labor market information
The Secretary of Labor shall make available
to the Corporation and to any program agency
under this subchapter such labor market information as is appropriate for use in carrying out
the purposes of this subchapter.
(d) Treatment of benefits
Allowances, earnings, and payments to individuals participating in programs that receive
assistance under this subchapter shall not be
considered to be income for the purposes of determining eligibility for and the amount of income transfer and in-kind aid furnished under
any Federal or federally assisted program based
on need, other than as provided under the Social
Security Act (42 U.S.C. 301 et seq.).

Page 7880

(e) Standards of conduct
Programs that receive assistance under this
subchapter shall establish and stringently enforce standards of conduct at the program site
to promote proper moral and disciplinary conditions.
(f) Parental involvement
(1) In general
Programs that receive assistance under the
national service laws shall consult with the
parents or legal guardians of children in developing and operating programs that include
and serve children.
(2) Parental permission
Programs that receive assistance under the
national service laws shall, before transporting minor children, provide the children’s
parents with the reason for the transportation
and obtain the parents’ written permission for
such transportation, consistent with State
law.
(Pub. L. 101–610, title I, § 177, Nov. 16, 1990, 104
Stat. 3163; Pub. L. 103–82, title I, § 117, title IV,
§ 402(b)(1), Sept. 21, 1993, 107 Stat. 864, 918; Pub. L.
105–277, div. A, § 101(f) [title VIII, § 405(d)(42)(A)],
Oct. 21, 1998, 112 Stat. 2681–337, 2681–427; Pub. L.
111–13, title I, § 1605, Apr. 21, 2009, 123 Stat. 1530.)
REFERENCES IN TEXT
The Social Security Act, referred to in subsec. (d), is
act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified
generally to chapter 7 (§ 301 et seq.) of this title. For
complete classification of this Act to the Code, see section 1305 of this title and Tables.
AMENDMENTS
2009—Subsec. (a)(1), (2). Pub. L. 111–13, § 1605(1), substituted ‘‘under the national service laws’’ for ‘‘under
this subchapter’’.
Subsec. (b)(1). Pub. L. 111–13, § 1605(1), (2), substituted
‘‘employee, position, or volunteer (other than a participant under the national service laws)’’ for ‘‘employee
or position’’ and ‘‘under the national service laws’’ for
‘‘under this subchapter’’.
Subsec. (b)(2), (3). Pub. L. 111–13, § 1605(1), substituted
‘‘under the national service laws’’ for ‘‘under this subchapter’’ wherever appearing.
Subsec. (f). Pub. L. 111–13, § 1605(3), added subsec. (f).
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, § 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, § 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, § 402(b)(1), substituted
‘‘Corporation’’ for ‘‘Commission’’.
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.

Page 7881

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.

§ 12638. State Commissions on National and Community Service
(a) Existence required
(1) State Commission
Except as provided in paragraph (2), to be eligible to receive a grant or allotment under division B or C or to receive a distribution of approved national service positions under division C, a State shall maintain a State Commission on National and Community Service
that satisfies the requirements of this section.
(2) Alternative administrative entity
The chief executive officer of a State may
apply to the Corporation for approval to use
an alternative administrative entity to carry
out the duties otherwise entrusted to a State
Commission under this chapter. The chief executive officer shall ensure that any alternative administrative entity used in lieu of a
State Commission provides for the individuals
described in paragraph (1), and some of the individuals described in paragraph (2), of subsection (c) to play a significant policymaking
role in carrying out the duties otherwise entrusted to a State Commission, including the
submission of applications on behalf of the
State under section 12582 of this title.
(b) Appointment and size
Except as provided in subsection (c)(3), the
members of a State Commission for a State
shall be appointed by the chief executive officer
of the State. A State Commission shall consist
of not fewer than 15, and not more than 25, voting members, and any ex officio nonvoting members, as described in paragraph (3) or (4) of subsection (c).
(c) Composition and membership
(1) Required members
The State Commission for a State shall include as voting members at least one of each
of the following individuals:
(A) An individual with expertise in the
educational, training, and development
needs of youth, particularly disadvantaged
youth.
(B) An individual with experience in promoting the involvement of older adults in
service and voluntarism.
(C) A representative of community-based
agencies or community-based organizations
within the State.
(D) The head of the State educational
agency.
(E) A representative of local governments
in the State.
(F) A representative of local labor organizations in the State.
(G) A representative of business.
(H) An individual between the ages of 16
and 25 who is a participant or supervisor in
a program.

§ 12638

(I) A representative of a national service
program described in subsection (a), (b), or
(c) of section 12572 of this title.
(J) A representative of the volunteer sector.
(2) Sources of other members
The State Commission for a State may include as voting members the following individuals:
(A) Members selected from among local
educators.
(B) Members selected from among experts
in the delivery of human, educational, environmental, or public safety services to communities and persons.
(C) Representatives of Indian tribes.
(D) Members selected from among out-ofschool 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.
(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 prede-

§ 12638

TITLE 42—THE PUBLIC HEALTH AND WELFARE

cessor of such member was appointed. The vacancy shall not affect the power of the remaining members to execute the duties of the State
Commission.
(4) Compensation
A member of a State Commission or alternative administrative entity shall not receive
any additional compensation by reason of
service on the State Commission or alternative administrative entity, except that the
State may authorize the reimbursement of
travel expenses, including a per diem in lieu of
subsistence, in the same manner as other employees serving intermittently in the service
of the State.
(5) Chairperson
The voting members of a State Commission
shall elect one of the voting members to serve
as chairperson of the State Commission.
(6) Limitation on member participation
(A) General limitation
Except as provided in subparagraph (B), a
voting member of the State Commission (or
of an alternative administrative entity)
shall not participate in the administration
of the grant program (including any discussion or decision regarding the provision of
assistance or approved national service positions, or the continuation, suspension, or
termination of such assistance or such positions, to any program or entity) described in
subsection (e)(9) if—
(i) a grant application relating to such
program is pending before the Commission
(or such entity); and
(ii) the application was submitted by a
program or entity of which such member
is, or in the 1-year period before the submission of such application was, an officer,
director, trustee, full-time volunteer, or
employee.
(B) Exception
If, as a result of the operation of subparagraph (A), the number of voting members of
the Commission (or of such entity) is insufficient to establish a quorum for the purpose
of administering such program, then voting
members excluded from participation by
subparagraph (A) may participate in the administration of such program, notwithstanding the limitation in subparagraph (A),
to the extent permitted by regulations
issued under section 12651d(b)(12) 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).

Page 7882

(e) Duties of a State Commission
The State Commission or alternative administrative entity for a State shall be responsible for
the following duties:
(1) Preparation of a national service plan for
the State that—
(A) is developed, through an open and public process (such as through regional forums,
hearings, and other means) that provides for
maximum participation and input from the
private sector, organizations, and public
agencies, using service and volunteerism as
strategies to meet critical community
needs, including service through programs
funded under the national service laws;
(B) covers a 3-year period, the beginning of
which may be set by the State;
(C) is subject to approval by the chief executive officer of the State;
(D) includes measurable goals and outcomes for the State national service programs in the State consistent with the performance levels for national service programs as described in section 12639(k) of this
title;
(E) ensures outreach to diverse community-based agencies that serve underrepresented populations, through established
networks and registries at the State level, or
through the development of such networks
and registries;
(F) provides for effective coordination of
funding applications submitted by the State
and other organizations within the State
under the national service laws;
(G) is updated annually, reflecting changes
in practices and policies that will improve
the coordination and effectiveness of Federal, State, and local resources for service
and volunteerism within the State;
(H) ensures outreach to, and coordination
with, municipalities (including large cities)
and county governments regarding the national service laws; and
(I) contains such information as the State
Commission considers to be appropriate or
as the Corporation may require.
(2) Preparation of the applications of the
State under section 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.
(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

Page 7883

TITLE 42—THE PUBLIC HEALTH AND WELFARE

clearinghouse established
12653a 1 of this title.

under

section

(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) Relief from administrative requirements
Upon approval of a State plan submitted under
subsection (e)(1), the Chief Executive Officer
may waive for the State, or specify alternatives
for the State to, administrative requirements
(other than statutory provisions) otherwise applicable to grants made to States under the national service laws, including those requirements identified by the State as impeding the
coordination and effectiveness of Federal, State,
and local resources for service and volunteerism
within the State.
(g) State service plan for adults age 55 or older
(1) In general
Notwithstanding any other provision of this
section, to be eligible to receive a grant or allotment under division B or C or to receive a
distribution of approved national service positions under division C, a State shall work with
appropriate State agencies and private entities to develop a comprehensive State service
plan for service by adults age 55 or older.
(2) Matters included
The State service plan shall include—
(A) recommendations for policies to increase service for adults age 55 or older, including how to best use such adults as
sources of social capital, and how to utilize
their skills and experience to address community needs;
(B) recommendations to the State agency
(as defined in section 3002 of this title) on—
(i) a marketing outreach plan to businesses; and
(ii) outreach to—
1 See

References in Text note below.

§ 12638

(I) nonprofit organizations;
(II) the State educational agency;
(III) institutions of higher education;
and
(IV) other State agencies;
(C) recommendations for civic engagement
and multigenerational activities, such as—
(i) early childhood education and care,
family literacy, and after school programs;
(ii) respite services for adults age 55 or
older and caregivers; and
(iii) transitions for older adults age 55 or
older to purposeful work in their post-career lives; and
(D) recommendations for encouraging the
development of Encore service programs in
the State.
(3) Knowledge base
The State service plan shall incorporate the
current knowledge base (as of the time of the
plan) regarding—
(A) the economic impact of the roles of
workers age 55 or older in the economy;
(B) the social impact of the roles of such
workers in the community; and
(C) the health and social benefits of active
engagement for adults age 55 or older.
(4) Publication
The State service plan shall be made available to the public and be transmitted to the
Chief Executive Officer.
(h) Activity ineligible for assistance
A State Commission or alternative administrative entity may not directly carry out any
national service program that receives assistance under section 12571 of this title.
(i) Delegation
Subject to such requirements as the Corporation may prescribe, a State Commission may
delegate nonpolicymaking duties to a State
agency or public or private nonprofit organization.
(j) Approval of State Commission or alternative
(1) Submission to Corporation
The chief executive officer for a State shall
notify the Corporation of the establishment or
designation of the State Commission or use of
an alternative administrative entity for the
State. The notification shall include a description of—
(A) the composition and membership of
the State Commission or alternative administrative entity; and
(B) the authority of the State Commission
or alternative administrative entity regarding national service activities carried out by
the State.
(2) Approval of alternative administrative entity
Any designation of a State Commission or
use of an alternative administrative entity to
carry out the duties of a State Commission
shall be subject to the approval of the Corporation, which shall not be unreasonably
withheld. The Corporation shall approve an alternative administrative entity if such entity

§ 12638

TITLE 42—THE PUBLIC HEALTH AND WELFARE

provides for individuals described in paragraph
(1), and some of the individuals described in
paragraph (2), of subsection (c) to play a significant policymaking role in carrying out the
duties otherwise entrusted to a State Commission, including the duties described in paragraphs (1) through (4) of subsection (e).
(3) Rejection
The Corporation may reject a State Commission if the Corporation determines that the
composition, membership, or duties of the
State Commission do not comply with the requirements of this section. The Corporation
may reject a request to use an alternative administrative entity in lieu of a State Commission if the Corporation determines that the
entity does not provide for the individuals described in paragraph (1), and some of the individuals described in paragraph (2), of subsection (c) to play a significant policymaking
role as described in paragraph (2). If the Corporation rejects a State Commission or alternative administrative entity under this paragraph, the Corporation shall promptly notify
the State of the reasons for the rejection.
(4) Resubmission and reconsideration
The Corporation shall provide a State notified under paragraph (3) with a reasonable opportunity to revise the rejected State Commission or alternative administrative entity.
At the request of the State, the Corporation
shall provide technical assistance to the State
as part of the revision process. The Corporation shall promptly reconsider any resubmission of a notification under paragraph (1) or
application to use an alternative administrative entity under paragraph (2).
(5) Subsequent changes
This subsection shall also apply to any
change in the composition or duties of a State
Commission or an alternative administrative
entity made after approval of the State Commission or the alternative administrative entity.
(6) Rights
An alternative administrative entity approved by the Corporation under this subsection shall have the same rights as a State
Commission.
(k) Coordination
(1) Coordination with other State agencies
The State Commission or alternative administrative entity for a State shall coordinate
the activities of the Commission or entity
under this chapter with the activities of other
State agencies that administer Federal financial assistance programs under the Community Services Block Grant Act (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

Page 7884

(including recruitment, public awareness,
and training activities) with such functions
of any division of the Corporation that carries out volunteer service programs in the
State.
(B) Agreement
In coordinating functions under this paragraph, such Commission or entity, and such
division, may enter into an agreement to—
(i) carry out such a function jointly;
(ii) to 2 assign responsibility for such a
function to the Commission or entity; or
(iii) to 2 assign responsibility for such a
function to the division.
(C) Information
The State Commission or alternative entity for a State, and the head of any such division, shall exchange information about—
(i) the programs carried out in the State
by the Commission, entity, or division, as
appropriate; and
(ii) opportunities to coordinate activities.
(l) Liability
(1) Liability of State
Except as provided in paragraph (2)(B), a
State shall agree to assume liability with respect to any claim arising out of or resulting
from any act or omission by a member of the
State Commission or alternative administrative entity of the State, within the scope of
the service of the member on the State Commission or alternative administrative entity.
(2) Other claims
(A) In general
A member of the State Commission or alternative administrative entity shall have
no personal liability with respect to any
claim arising out of or resulting from any
act or omission by such person, within the
scope of the service of the member on the
State Commission or alternative administrative entity.
(B) Limitation
This paragraph shall not be construed to
limit personal liability for criminal acts or
omissions, willful or malicious misconduct,
acts or omissions for private gain, or any
other act or omission outside the scope of
the service of such member on the State
Commission or alternative administrative
entity.
(3) Effect on other law
This subsection shall not be construed—
(A) to affect any other immunities and
protections that may be available to such
member under applicable law with respect to
such service;
(B) to affect any other right or remedy
against the State under applicable law, or
against any person other than a member of
the State Commission or alternative administrative entity; or
(C) to limit or alter in any way the immunities that are available under applicable
2 So

in original. The word ‘‘to’’ probably should not appear.

Page 7885

TITLE 42—THE PUBLIC HEALTH AND WELFARE

law for State officials and employees not described in this subsection.
(Pub. L. 101–610, title I, § 178, as added and
amended Pub. L. 103–82, title II, § 201(a), title IV,
§ 405(p)(1), Sept. 21, 1993, 107 Stat. 867, 922; Pub. L.
111–13, title I, § 1606, Apr. 21, 2009, 123 Stat. 1530.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(2) and (k)(1),
was in the original ‘‘this Act’’, meaning Pub. L. 101–610,
Nov. 16, 1990, 104 Stat. 3127, 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.
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, 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.
Section 12653a of this title, referred to in subsec.
(e)(6)(B), was in the original ‘‘section 198A’’, meaning
section 198A of Pub. L. 101–610, as added by section
104(c) of Pub. L. 103–82, which was repealed, and section
198B was redesignated section 198A, by Pub. L. 111–13,
title I, § 1803(a)(1), (b), Apr. 21, 2009, 123 Stat. 1554. Provisions similar to section 12653a are now contained in section 12653o of this title.
The Community Services Block Grant Act, referred
to in subsec. (k)(1), is subtitle B (§ 671 et seq.) of title
VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 511, which is
classified generally to chapter 106 (§ 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.
PRIOR PROVISIONS
A prior section 12638, Pub. L. 101–610, title I, § 178,
Nov. 16, 1990, 104 Stat. 3164; Pub. L. 102–10, § 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, § 201(a).
AMENDMENTS
2009—Subsec. (a)(2). Pub. L. 111–13, § 1606(1), substituted ‘‘section 12582’’ for ‘‘sections 12543 and 12582’’.
Subsec. (c)(1)(I). Pub. L. 111–13, § 1606(2)(A), substituted ‘‘subsection (a), (b), or (c) of section 12572 of
this title.’’ for ‘‘section 12572(a) of this title, such as a
youth corps program described in section 12572(a)(2) of
this title.’’
Subsec. (c)(1)(J). Pub. L. 111–13, § 1606(2)(B), added subpar. (J).
Subsec. (c)(3). Pub. L. 111–13, § 1606(3), struck out
‘‘, unless the State permits the representative to serve
as a voting member of the State Commission or alternative administrative entity’’ before period at end.
Subsec. (d)(6)(B). Pub. L. 111–13, § 1606(4), substituted
‘‘section 12651d(b)(12)’’ for ‘‘section 12651d(b)(11)’’.
Subsec. (e)(1). Pub. L. 111–13, § 1606(5)(A), added par.
(1) and struck out former par. (1) which related to preparation of a national service plan for the State.
Subsec. (e)(2). Pub. L. 111–13, § 1606(5)(B), substituted
‘‘section 12582’’ for ‘‘sections 12543 and 12582’’.
Subsecs. (f) to (l). Pub. L. 111–13, § 1606(6), (7), added
subsecs. (f) and (g) and redesignated former subsecs. (f)
to (j) as (h) to (l), respectively.
1993—Subsec. (i)(2)(A). Pub. L. 103–82, § 405(p)(1), substituted ‘‘the Corporation’’ for ‘‘ACTION, or of the Corporation,’’ before ‘‘that carries out’’.
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.

§ 12639

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

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.

Page 7886

(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 author-

Page 7887

TITLE 42—THE PUBLIC HEALTH AND WELFARE

izing 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

§ 12639

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.

§ 12639a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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’’.

Page 7888

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 7889

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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—

§ 12639a

(A) data collected through public and private sources; and
(B) data collected by the Bureau of the
Census, through the Current Population Survey, or by the Bureau of Labor Statistics, in
accordance with paragraph (2).
(4) Demographic characteristics
The partnership shall seek to obtain data for
the Civic Health Assessment that will permit
the partnership to analyze the data by age
group, race and ethnicity, education level, and
other demographic characteristics of the individuals involved.
(5) Other issues
In obtaining data for the Civic Health Assessment, the partnership may also obtain
such information as may be necessary to analyze—
(A) the role of Internet technology in
strengthening and inhibiting civic activities;
(B) the role of specific programs in
strengthening civic activities;
(C) the civic attitudes and activities of
new citizens and immigrants; and
(D) other areas related to civic activities.
(e) Reporting of data
(1) In general
The partnership shall, not less often than
once each year, prepare a report containing—
(A) detailed data obtained under subsection (d), including data on the indicators
comprising the Civic Health Assessment;
and
(B) the analyses described in paragraphs
(4) and (5) of subsection (d), to the extent
practicable based on the data the partnership is able to obtain.
(2) Aggregation and presentation
The partnership shall, to the extent practicable, aggregate the data on the civic health
indicators comprising the Civic Health Assessment by community, by State, and nationally.
The report described in paragraph (1) shall
present the aggregated data in a form that enables communities and States to assess their
civic health, as measured on each of the indicators comprising the Civic Health Assessment, and compare those measures with comparable measures of other communities and
States.
(3) Submission
The partnership shall submit the report to
the authorizing committees, and make the report available to the general public on the
Corporation’s website.
(f) Public input
The partnership shall—
(1) identify opportunities for public dialogue
and input on the Civic Health Assessment; and
(2) hold conferences and forums to discuss
the implications of the data and analyses reported under subsection (e).
(g) Volunteering research and evaluation
(1) Research
The partnership shall provide for baseline
research and tracking of domestic and inter-

§ 12640

TITLE 42—THE PUBLIC HEALTH AND WELFARE

national volunteering, and baseline research
and tracking related to relevant data on the
indicators described in subsection (d). In providing for the research and tracking under this
subsection, the partnership shall consider data
from the Supplements to the Current Populations Surveys conducted by the Bureau of
the Census for the Bureau of Labor Statistics,
and data from other public and private
sources, including other data collected by the
Bureau of the Census and the Bureau of Labor
Statistics.
(2) Impact research and evaluation
The partnership shall sponsor an independent evaluation of the impact of domestic
and international volunteering, including an
assessment of best practices for such volunteering, and methods of improving such volunteering
through
enhanced
collaboration
among—
(A) entities that recruit, manage, support,
and utilize volunteers;
(B) institutions of higher education; and
(C) research institutions.

Page 7890

§ 12641. Contingent extension
Section 1226a of title 20 shall apply to this
chapter.
(Pub. L. 101–610, title I, § 181, Nov. 16, 1990, 104
Stat. 3166; Pub. L. 103–82, title I, § 120(a), Sept. 21,
1993, 107 Stat. 866; Pub. L. 111–13, title I, § 1609,
Apr. 21, 2009, 123 Stat. 1537.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 101–610, Nov. 16, 1990, 104
Stat. 3127, 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.
AMENDMENTS
2009—Pub. L. 111–13 made technical amendment to
reference in original act which appears in text as reference to section 1226a of title 20.
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 2009 AMENDMENT

(h) Database prohibition
Nothing in this chapter shall be construed to
authorize the development, implementation, or
maintenance of a Federal database of personally
identifiable information on individuals participating in data collection for sources of information under this section.

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.

(Pub. L. 101–610, title I, § 179A, as added Pub. L.
111–13, title I, § 1608(a), Apr. 21, 2009, 123 Stat.
1534.)

§ 12642. Partnerships with schools

REFERENCES IN TEXT
This chapter, referred to in subsec. (h), was in the
original ‘‘this Act’’, meaning Pub. L. 101–610, Nov. 16,
1990, 104 Stat. 3127, 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.
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12640. Engagement of participants
A State shall not engage a participant to serve
in any program that receives assistance under
this subchapter unless and until amounts have
been appropriated under 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.
(Pub. L. 101–610, title I, § 180, Nov. 16, 1990, 104
Stat. 3166; Pub. L. 103–82, title I, § 119, Sept. 21,
1993, 107 Stat. 866.)

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.

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.

EFFECTIVE DATE OF 1993 AMENDMENT

(Pub. L. 101–610, title I, § 182, Nov. 16, 1990, 104
Stat. 3167; Pub. L. 103–82, title I, § 111(b)(1), (2),
Sept. 21, 1993, 107 Stat. 860; Pub. L. 111–13, title
I, § 1610, Apr. 21, 2009, 123 Stat. 1537; Pub. L.
113–188, title III, § 301(b), Nov. 26, 2014, 128 Stat.
2018.)

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.

2014—Pub. L. 113–188 struck out subsec. (a) designation and heading before ‘‘The head of each Federal

AMENDMENTS
1993—Pub. L. 103–82 substituted ‘‘national service
educational awards’’ for ‘‘post-service benefits’’.

AMENDMENTS

Page 7891

TITLE 42—THE PUBLIC HEALTH AND WELFARE

agency’’ and struck out subsec. (b) which required submission of reports to the Corporation and to Congress.
2009—Subsec. (b). Pub. L. 111–13 amended subsec. (b)
generally. Prior to amendment, text read as follows:
‘‘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.’’
1993—Subsec. (a)(2), (3). Pub. L. 103–82 substituted
‘‘partnership’’ for ‘‘adult volunteer and partnership’’
wherever appearing.
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 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.

§ 12643. Rights of access, examination, and copying
(a) Comptroller General
Consistent with otherwise applicable law, the
Comptroller General, or any of the duly authorized representatives of the Comptroller General,
shall have access to, and the right to examine
and copy, any books, documents, papers,
records, and other recorded information in any
form—
(1) within the possession or control of the
Corporation or any State or local government,
territory, Indian tribe, or public or private
nonprofit organization receiving assistance directly or indirectly under this chapter; and
(2) that the Comptroller General, or his representative, considers necessary to the performance of an evaluation, audit, or review.
(b) Chief Financial Officer
Consistent with otherwise applicable law, the
Chief Financial Officer of the Corporation shall
have access to, and the right to examine and
copy, any books, documents, papers, records,
and other recorded information in any form—
(1) within the possession or control of the
Corporation or any State or local government,
territory 1 Indian tribe, or public or private
nonprofit organization receiving assistance directly or indirectly under this chapter; and
(2) that relates to the duties of the Chief Financial Officer.
(c) Inspector General
Consistent with otherwise applicable law, the
Inspector General of the Corporation shall have
access to, and the right to examine and copy,
any books, documents, papers, records, and
other recorded information in any form—
(1) within the possession or control of the
Corporation or any State or local government,
territory, Indian tribe, or public or private
nonprofit organization receiving assistance directly or indirectly under the national service
laws; and
(2) that relates to—
(A) such assistance; and
(B) the duties of the Inspector General
under the Inspector General Act of 1978 (5
U.S.C. App.).
1 So

in original. Probably should be followed by a comma.

§ 12644a

(Pub. L. 101–610, title I, § 183, Nov. 16, 1990, 104
Stat. 3167; Pub. L. 103–82, title I, § 121(a), Sept.
21, 1993, 107 Stat. 866; Pub. L. 111–13, title I,
§ 1611, Apr. 21, 2009, 123 Stat. 1537.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(1) and (b)(1),
was in the original ‘‘this Act’’, meaning Pub. L. 101–610,
Nov. 16, 1990, 104 Stat. 3127, 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.
The Inspector General Act of 1978, referred to in subsec. (c)(2)(B), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat.
1101, which is set out in the Appendix to Title 5, Government Organization and Employees.
AMENDMENTS
2009—Subsec. (a). Pub. L. 111–13, § 1611(1), substituted
‘‘Consistent with otherwise applicable law, the’’ for
‘‘The’’ in introductory provisions and inserted ‘‘territory,’’ after ‘‘local government,’’ in par. (1).
Subsec. (b). Pub. L. 111–13, § 1611(2), substituted ‘‘Consistent with otherwise applicable law, the’’ for ‘‘The’’
in introductory provisions and inserted ‘‘territory’’
after ‘‘local government,’’ in par. (1).
Subsec. (c). Pub. L. 111–13, § 1611(3), added subsec. (c).
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 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 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.

§ 12644. Drug-free workplace requirements
All programs receiving grants under this subchapter shall be subject to the Drug-Free Workplace Requirements for Federal Grant Recipients under sections 8101 and 8103 to 8106 of title
41.
(Pub. L. 101–610, title I, § 184, Nov. 16, 1990, 104
Stat. 3167.)
CODIFICATION
In text, ‘‘sections 8101 and 8103 to 8106 of title 41’’ substituted for ‘‘sections 5153 through 5158 of the AntiDrug Abuse Act of 1988 (41 U.S.C. 702–707)’’ on authority
of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854,
which Act enacted Title 41, Public Contracts.

§ 12644a. Availability of assistance
A reference in division C, D, E, or H of this
subchapter regarding an entity eligible to receive direct or indirect assistance to carry out a
national service program shall include a nonprofit organization promoting competitive and
non-competitive sporting events involving individuals with disabilities (including the Special
Olympics), which enhance the quality of life for
individuals with disabilities.
(Pub. L. 101–610, title I, § 184A, as added Pub. L.
111–13, title I, § 1613(a), Apr. 21, 2009, 123 Stat.
1541.)

§ 12644b

TITLE 42—THE PUBLIC HEALTH AND WELFARE
EFFECTIVE DATE

Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12644b. Consolidated application and reporting
requirements
(a) In general
To promote efficiency and eliminate duplicative requirements, the Corporation shall consolidate or modify application procedures and
reporting requirements for programs, projects,
and activities funded under the national service
laws.
(b) Report to Congress
Not later than 18 months after the effective
date of the Serve America Act, the Corporation
shall submit to the authorizing committees a report containing information on the actions
taken to consolidate or modify the application
procedures and reporting requirements for programs, projects, and activities funded under the
national service laws, including a description of
the procedures for consultation with recipients
of the funding.
(Pub. L. 101–610, title I, § 185, as added Pub. L.
111–13, title I, § 1612, Apr. 21, 2009, 123 Stat. 1538.)
REFERENCES IN TEXT
For the effective date of the Serve America Act, referred to in subsec. (b), as Oct. 1, 2009, see section
6101(a) of Pub. L. 111–13, set out as an Effective Date of
2009 Amendment note under section 4950 of this title.
PRIOR PROVISIONS
A prior section 185 of Pub. L. 101–610 amended sections 1070a–6 and 1087vv of title 20 prior to repeal by
section 122(a) of Pub. L. 103–82.
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12645. Sustainability
The Corporation, after consultation with
State Commissions and recipients of assistance,
may set sustainability goals for projects or programs under the national service laws, so that
recipients of assistance under the national service laws are carrying out sustainable projects or
programs. Such sustainability goals shall be in
writing and shall be used—
(1) to build the capacity of the projects or
programs that receive assistance under the national service laws to meet community needs;
(2) in providing technical assistance to recipients of assistance under the national service laws regarding acquiring and leveraging
non-Federal funds for support of the projects
or programs that receive such assistance; and
(3) to determine whether the projects or programs, receiving such assistance, are generating sufficient community support.
(Pub. L. 101–610, title I, § 186, as added Pub. L.
111–13, title I, § 1612, Apr. 21, 2009, 123 Stat. 1538.)
PRIOR PROVISIONS
A prior section 12645, Pub. L. 101–610, title I, § 186, as
added Pub. L. 102–10, § 8(2), Mar. 12, 1991, 105 Stat. 31, di-

Page 7892

rected Commission to issue final rules or regulations
necessary to implement this subchapter, prior to repeal
by Pub. L. 103–82, title I, §§ 122(a), 123, Sept. 21, 1993, 107
Stat. 867, effective Oct. 1, 1993.
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12645a. Grant periods
Unless otherwise specifically provided, the
Corporation has authority to award a grant or
contract, or enter into a cooperative agreement,
under the national service laws for a period of 3
years.
(Pub. L. 101–610, title I, § 187, as added Pub. L.
111–13, title I, § 1612, Apr. 21, 2009, 123 Stat. 1538.)
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12645b. Generation of volunteers
In making decisions on applications for assistance or approved national service positions
under the national service laws, the Corporation
shall take into consideration the extent to
which the applicant’s proposal will increase the
involvement of volunteers in meeting community needs. In reviewing the application for this
purpose, the Corporation may take into account
the mission of the applicant.
(Pub. L. 101–610, title I, § 188, as added Pub. L.
111–13, title I, § 1612, Apr. 21, 2009, 123 Stat. 1538.)
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12645c. Limitation on program grant costs
(a) Limitation on grant amounts
Except as otherwise provided by this section,
the amount of funds approved by the Corporation for a grant to operate a program authorized
under the national service laws, for supporting
individuals serving in approved national service
positions, may not exceed $18,000 per full-time
equivalent position.
(b) Costs subject to limitation
The limitation under subsection (a), and the
increased limitation under subsection (e)(1),
shall apply to the Corporation’s share of the
member support costs, staff costs, and other
costs to operate a program authorized under the
national service laws incurred,1 by the recipient
of the grant.
(c) Costs not subject to limitation
The limitation under subsection (a), and the
increased limitation under subsection (e)(1),
shall not apply to expenses under a grant authorized under the national service laws to operate a program that are not included in the grant
award for operating the program.
(d) Adjustments for inflation
The amounts specified in subsections (a) and
(e)(1) shall be adjusted each year after 2008 for
1 So

in original. The comma probably should not appear.

Page 7893

TITLE 42—THE PUBLIC HEALTH AND WELFARE

inflation as measured by the Consumer Price
Index for All Urban Consumers published by the
Secretary of Labor.
(e) Waiver authority and reporting requirement
(1) Waiver
The Chief Executive Officer may increase
the limitation under subsection (a) to not
more than $19,500 per full-time equivalent position if necessary to meet the compelling
needs of a particular program, such as—
(A) exceptional training needs for a program serving disadvantaged youth;
(B) the need to pay for increased costs relating to the participation of individuals
with disabilities;
(C) the needs of tribal programs or programs located in the territories; and
(D) the need to pay for start-up costs associated with a first-time recipient of assistance under a program of the national service
laws.
(2) Reports
The Chief Executive Officer shall report to
the authorizing committees annually on all
limitations increased under this subsection,
with an explanation of the compelling needs
justifying such increases.
(Pub. L. 101–610, title I, § 189, as added Pub. L.
111–13, title I, § 1612, Apr. 21, 2009, 123 Stat. 1539.)
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12645d. Matching funds for severely economically distressed communities
(a) In general
Notwithstanding any other provision of law, a
severely economically distressed community
that receives assistance from the Corporation
for any program under the national service laws
shall not be subject to any requirements to provide matching funds for any such program, and
the Federal share of such assistance for such a
community may be 100 percent.
(b) Severely economically distressed community
For the purposes of this section, the term ‘‘severely economically distressed community’’
means—
(1) an area that has a mortgage foreclosure
rate, home price decline, and unemployment
rate all of which are above the national average for such rates or level, for the most recent
12 months for which satisfactory data are
available; or
(2) a residential area that lacks basic living
necessities, such as water and sewer systems,
electricity, paved roads, and safe, sanitary
housing.
(Pub. L. 101–610, title I, § 189A, as added Pub. L.
111–13, title I, § 1612, Apr. 21, 2009, 123 Stat. 1539.)
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12645f

§ 12645e. Audits and reports
The Corporation shall comply with applicable
audit and reporting requirements as provided in
the Chief Financial Officers Act of 1990 (31
U.S.C. 901 note; Public Law 101–576) and chapter
91 of title 31 (commonly known as the ‘‘Government Corporation Control Act’’). The Corporation shall report to the authorizing committees
any failure to comply with such requirements.
(Pub. L. 101–610, title I, § 189B, as added Pub. L.
111–13, title I, § 1612, Apr. 21, 2009, 123 Stat. 1540.)
REFERENCES IN TEXT
The Chief Financial Officers Act of 1990, referred to in
text, is Pub. L. 101–576, Nov. 15, 1990, 104 Stat. 2838. For
complete classification of this Act to the Code, see
Short Title of 1990 Amendment note set out under section 501 of Title 31, Money and Finance, and Tables.
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12645f. Restrictions on Federal Government
and use of Federal funds
(a) General prohibition
Nothing in the national service laws shall be
construed to authorize an officer or employee of
the Federal Government to mandate, direct, or
control a State, local educational agency, or
school’s curriculum, program of instruction, or
allocation of State or local resources, or mandate a State or any subdivision thereof to spend
any funds or incur any costs not paid for under
this chapter.
(b) Prohibition on endorsement of curriculum
Notwithstanding any other prohibition of Federal law, no funds provided to the Corporation
under this chapter may be used by the Corporation to endorse, approve, or sanction any curriculum designed to be used in an elementary
school or secondary school.
(c) Prohibition on requiring Federal approval or
certification standards
Notwithstanding any other provision of Federal law, not 1 State shall be required to have
academic content or student academic achievement standards approved or certified by the
Federal Government, in order to receive assistance under this chapter.
(Pub. L. 101–610, title I, § 189C, as added Pub. L.
111–13, title I, § 1612, Apr. 21, 2009, 123 Stat. 1540.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 101–610, Nov. 16, 1990, 104
Stat. 3127, 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.
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.
1 So

in original. Probably should be ‘‘no’’.

§ 12645g

TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 12645g. Criminal history checks
(a) In general
Each entity selecting individuals to serve in a
position in which the individuals receive a living
allowance, stipend, national service educational
award, or salary through a program receiving
assistance under the national service laws,
shall, subject to regulations and requirements
established by the Corporation, conduct criminal history checks for such individuals.
(b) Requirements
A criminal history check under subsection (a)
shall, except in cases approved for good cause by
the Corporation, include—
(1) a name-based search of the National Sex
Offender Registry established under the Adam
Walsh Child Protection and Safety Act of 2006
(42 U.S.C. 16901 et seq.); 1 and
(2)(A) a search of the State criminal registry
or repository in the State in which the program is operating and the State in which the
individual resides at the time of application;
or
(B) submitting fingerprints to the Federal
Bureau of Investigation for a national criminal history background check.
(c) Eligibility prohibition
An individual shall be ineligible to serve in a
position described under subsection (a) if such
individual—
(1) refuses to consent to the criminal history
check described in subsection (b);
(2) makes a false statement in connection
with such criminal history check;
(3) is registered, or is required to be registered, on a State sex offender registry or the
National Sex Offender Registry established
under the Adam Walsh Child Protection and
Safety Act of 2006 (42 U.S.C. 16901 et seq.); 1 or
(4) has been convicted of murder, as described in section 1111 of title 18.
(d) Special rule for individuals working with vulnerable populations
(1) In general
Notwithstanding subsection (b), on and after
the date that is 2 years after April 21, 2009, a
criminal history check under subsection (a)
for each individual described in paragraph (2)
shall, except for an entity described in paragraph (3), include—
(A) a name-based search of the National
Sex Offender Registry established under the
Adam Walsh Child Protection and Safety
Act of 2006 (42 U.S.C. 16901 et seq.); 1
(B) a search of the State criminal registry
or repository in the State in which the program is operating and the State in which the
individual resides at the time of application;
and
(C) submitting fingerprints to the Federal
Bureau of Investigation for a national criminal history background check.
(2) Individuals with access to vulnerable populations
An individual described in this paragraph is
an individual age 18 or older who—
1 See

References in Text note below.

Page 7894

(A) serves in a position in which the individual receives a living allowance, stipend,
national service educational award, or salary through a program receiving assistance
under the national service laws; and
(B) as a result of such individual’s service
in such position, has or will have access, on
a recurring basis, to—
(i) children age 17 years or younger;
(ii) individuals age 60 years or older; or
(iii) individuals with disabilities.
(3) Exceptions
The provisions of this subsection shall not
apply to an entity—
(A) where the service provided by individuals serving with the entity to a vulnerable
population described in paragraph (2)(B) is
episodic in nature or for a 1-day period;
(B) where the cost to the entity of complying with this subsection is prohibitive;
(C) where the entity is not authorized, or
is otherwise unable, under State law, to access the national criminal history background check system of the Federal Bureau
of Investigation;
(D) where the entity is not authorized, or
is otherwise unable, under Federal law, to
access the national criminal history background check system of the Federal Bureau
of Investigation; or
(E) to which the Corporation otherwise
provides an exemption from this subsection
for good cause.
(Pub. L. 101–610, title I, § 189D, as added and
amended Pub. L. 111–13, title I, §§ 1612, 1614(a),
Apr. 21, 2009, 123 Stat. 1540, 1541.)
REFERENCES IN TEXT
The Adam Walsh Child Protection and Safety Act of
2006, referred to in subsecs. (b)(1), (c)(3), and (d)(1)(A), is
Pub. L. 109–248, July 27, 2006, 120 Stat. 587, which was
classified principally to chapter 151 (§ 16901 et seq.) of
this title, prior to editorial reclassification and renumbering as chapter 209 (§ 20901 et seq.) of Title 34, Crime
Control and Law Enforcement. For complete classification of this Act to the Code, see Short Title of 2006 Act
note set out under section 10101 of Title 34 and Tables.
AMENDMENTS
2009—Pub. L. 111–13, § 1614(a), added subsec. (d).
EFFECTIVE DATE
Enactment and amendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set
out as an Effective Date of 2009 Amendment note under
section 4950 of this title.

Division G—Corporation for National and
Community Service
§ 12651. Corporation for National and Community Service
There is established a Corporation for National and Community Service that shall administer the programs established under the national service laws. The Corporation shall be a
Government corporation, as defined in section
103 of title 5.
(Pub. L. 101–610, title I, § 191, as added and
amended Pub. L. 103–82, title II, §§ 202(a),
203(a)(1)(B), Sept. 21, 1993, 107 Stat. 873, 891.)

Page 7895

TITLE 42—THE PUBLIC HEALTH AND WELFARE
PRIOR PROVISIONS

A prior section 12651, Pub. L. 101–610, title I, § 190,
Nov. 16, 1990, 104 Stat. 3168; Pub. L. 102–10, § 9, Mar. 12,
1991, 105 Stat. 31; Pub. L. 102–384, §§ 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, § 202(a).
AMENDMENTS
1993—Pub. L. 103–82, § 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
Pub. L. 103–82, title II, § 203(d), Sept. 21, 1993, 107 Stat.
895, 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
Pub. L. 103–82, title II, § 202(i), Sept. 21, 1993, 107 Stat.
891, 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].’’
TRANSFER OF FUNCTIONS OF COMMISSION ON NATIONAL
AND COMMUNITY SERVICE
Pub. L. 103–82, title II, § 202(c), Sept. 21, 1993, 107 Stat.
888, 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 ef-

§ 12651

fective 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
Pub. L. 103–82, title II, § 203(c), Sept. 21, 1993, 107 Stat.
892, 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

§ 12651

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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

Page 7896

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.’’
STUDY TO EXAMINE AND INCREASE SERVICE PROGRAMS
FOR DISPLACED WORKERS IN SERVICES CORPS AND
COMMUNITY SERVICE AND TO DEVELOP PILOT PROGRAM PLANNING STUDY
Pub. L. 111–13, title I, § 1710, Apr. 21, 2009, 123 Stat.
1549, provided that:
‘‘(a) PLANNING STUDY.—The Corporation shall conduct a study to identify—
‘‘(1) specific areas of need for displaced workers;
‘‘(2) how existing programs and activities (as of the
time of the study) carried out under the national
service laws could better serve displaced workers and
communities that have been adversely affected by
plant closings and job losses;
‘‘(3) prospects for better utilization of displaced
workers as resources and volunteers; and
‘‘(4) methods for ensuring the efficient financial organization of services directed towards displaced
workers.
‘‘(b) CONSULTATION.—The study shall be carried out in
consultation with the Secretary of Labor, State labor
agencies, and other individuals and entities the Corporation considers appropriate.
‘‘(c) REPORT.—Not later than 1 year after the effective date of this Act [for general effective date of Pub.
L. 111–13 as Oct. 1, 2009, see Effective Date of 2009
Amendment note under section 4950 of this title], the
Corporation shall submit to the authorizing committees a report on the results of the planning study required by subsection (a), together with a plan for implementation of a pilot program using promising strategies and approaches for better targeting and serving
displaced workers.
‘‘(d) PILOT PROGRAM.—From amounts made available
to carry out this section, the Corporation shall develop
and carry out a pilot program based on the findings and
plan in the report submitted under subsection (c).
‘‘(e) DEFINITIONS.—In this section, the terms ‘Corporation’, ‘authorizing committees’, and ‘national service laws’ have the meanings given the terms in section
101 of the National and Community Service Act of 1990
(42 U.S.C. 12511).

Page 7897

TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section
such sums as may be necessary for each of fiscal years
2010 through 2014.’’
CONTINUING PERFORMANCE OF CERTAIN FUNCTIONS BY
COMMISSION ON NATIONAL AND COMMUNITY SERVICE
Pub. L. 103–82, title II, § 202(d), Sept. 21, 1993, 107 Stat.
888, 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
Pub. L. 103–82, title II, § 204, Sept. 21, 1993, 107 Stat.
895, 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

§ 12651

‘‘(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].’’
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 regu-

§ 12651

TITLE 42—THE PUBLIC HEALTH AND WELFARE

lations 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. 12653a], 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.

Page 7898

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, as
amended by Ex. Ord. No. 13371, Jan. 27, 2005, 70 F.R.
5041; Ex. Ord. No. 13424, Jan. 26, 2007, 72 F.R. 4409; Ex.
Ord. No. 13471, Aug. 28, 2008, 73 F.R. 51209, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to encourage the recognition of
volunteer service and civic participation by all Americans, and especially America’s youth, it is hereby ordered as follows:
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.
(c) To conduct and vote on official business during
meetings, the Council must convene a quorum of at
least 10 Council members.
SEC. 2. Mission and Functions of the Council.
(a) The mission and functions of the Council shall be
to:
(i) promote volunteer service and civic participation
in American society;
(ii) encourage the recognition of outstanding volunteer service through the presentation of the President’s
Volunteer Service Award by Council members and Certifying Organizations, thereby encouraging more such
activity;
(iii) promote the efforts and needs of local non-profits
and volunteer organizations, including volunteer centers;
(iv) promote greater public access to information
about existing volunteer opportunities, including via
the Internet;
(v) assist with the promotion of Federally administered volunteer programs and the link that they have
to increasing and strengthening community volunteer
service; and
(vi) promote increased and sustained private sector
sponsorship of and engagement in volunteer service.
(b) In carrying out its mission, the Council shall:
(i) encourage broad participation in the President’s
Volunteer Service Award program by qualified individuals and groups, especially students in primary schools,
secondary schools, and institutions of higher learning;
(ii) exchange information and ideas with interested
individuals and organizations on ways to expand and
improve volunteer service and civic participation;
(iii) advise the Chief Executive Officer of the CNCS
on broad dissemination, especially among schools and
youth organizations, of information regarding recommended practices for the promotion of volunteer
service and civic participation, and other relevant educational and promotional materials;
(iv) monitor and advise the Chief Executive Officer of
the CNCS on the need for the enhancement of materials
disseminated pursuant to subsection 2(b)(iii) of this
order; and
(v) make recommendations from time to time to the
President, through the Director of the USA Freedom

Page 7899

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Corps, on ways to encourage greater levels of volunteer
service and civic participation by individuals, schools,
and organizations.
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 further extended by the President, this
order shall expire on June 30, 2009.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
GEORGE W. BUSH.

§ 12651a. Board of Directors
(a) Composition
(1) In general
There shall be in the Corporation a Board of
Directors (referred to in this division as the
‘‘Board’’) that shall be composed of—
(A) 15 members, including an individual
between the ages of 16 and 25 who—
(i) has served in a school-based or community-based service-learning program; or
(ii) is or was a participant or a supervisor in a program;
to be appointed by the President, by and
with the advice and consent of the Senate;
and
(B) the ex officio nonvoting members described in paragraph (3).
(2) Qualifications
To the maximum extent practicable, the
President shall appoint members—
(A) who have extensive experience in volunteer or service activities, which may include programs funded under one of the national service laws, and in State government;
(B) who represent a broad range of viewpoints;
(C) who are experts in the delivery of
human, educational, environmental, or public safety services;

§ 12651a

(D) so that the Board shall be diverse according to race, ethnicity, age, gender, and
disability characteristics; and
(E) so that no more than 50 percent of the
appointed members of the Board, plus 1 additional appointed member, are from a single
political party.
(3) Ex officio members
The Secretary of Education, the Secretary
of Health and Human Services, the Secretary
of Labor, the Secretary of the Interior, the
Secretary of Agriculture, the Secretary of
Housing and Urban Development, the Secretary of Defense, the Attorney General, the
Director of the Peace Corps, the Administrator of the Environmental Protection Agency, and the Chief Executive Officer shall serve
as ex officio nonvoting members of the Board.
(b) Officers
(1) Chairperson
The President shall appoint a member of the
Board to serve as the initial Chairperson of
the Board. Each subsequent Chairperson shall
be elected by the Board from among its members.
(2) Vice Chairperson
The Board shall elect a Vice Chairperson
from among its membership.
(3) Other officers
The Board may elect from among its membership such additional officers of the Board
as the Board determines to be appropriate.
(c) Terms
Subject to subsection (e), each appointed
member shall serve for a term of 5 years.
(d) Vacancies
If a vacancy occurs on the Board, a new member shall be appointed by the President, by and
with the advice and consent of the Senate, and
serve for the remainder of the term for which
the predecessor of such member was appointed.
The vacancy shall not affect the power of the remaining members to execute the duties of the
Board.
(e) Service until appointment of successor
A voting member of the Board whose term has
expired may continue to serve on the Board
until the date on which the member’s successor
takes office, which period shall not exceed 1
year.
(Pub. L. 101–610, title I, § 192, as added Pub. L.
103–82, title II, § 202(a), Sept. 21, 1993, 107 Stat.
873; amended Pub. L. 111–13, title I, § 1701, Apr.
21, 2009, 123 Stat. 1544.)
AMENDMENTS
2009—Subsec. (c). Pub. L. 111–13, § 1701(1), added subsec. (c) and struck out former subsec. (c), which provided term lengths for members first appointed to the
Board.
Subsec. (e). Pub. L. 111–13, § 1701(2), added subsec. (e).
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.

§ 12651b

TITLE 42—THE PUBLIC HEALTH AND WELFARE
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.

§ 12651b. Authorities and duties of the Board of
Directors
(a) Meetings
The Board shall meet not less often than 3
times each year. The Board shall hold additional
meetings at the call of the Chairperson of the
Board, or if 6 members of the Board request such
meetings in writing.
(b) Quorum
A majority of the appointed members of the
Board shall constitute a quorum.
(c) Authorities of officers
(1) Chairperson
The Chairperson of the Board may call and
conduct meetings of the Board.
(2) Vice Chairperson
The Vice Chairperson of the Board may conduct meetings of the Board in the absence of
the Chairperson.
(d) Expenses
While away from their homes or regular places
of business on the business of the Board, members of such Board shall be allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies
under subchapter I of 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

Page 7900

member under applicable law with respect to
such transactions;
(B) to affect any other right or remedy
against the Corporation, against the United
States under applicable law, or against any
person other than a member of the Board
participating in such transactions; or
(C) to limit or alter in any way the immunities that are available under applicable
law for Federal officials and employees not
described in this subsection.
(g) Duties
The Board shall have responsibility for setting
overall policy for the Corporation and shall—
(1) review and approve the strategic plan described in section 12651d(b)(1) of this title, and
annual updates of the plan, and review the
budget proposal in advance of submission to
the Office of Management and Budget;
(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;
(B) inform the Chief Executive Officer of any
aspects of the actions of the Chief Executive
Officer that are not in compliance with the annual strategic plan referred to in paragraph
(1), the proposals referred to in paragraphs (2)
and (3), or the plan referred to in paragraph
(4), or are not consistent with the objectives of
the national service laws; and
(C) review the performance of the Chief Executive Officer annually and forward a report
on that review to the President;
(6) receive any report as provided under subsection (b), (c), or (d) of 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 authorizing
committees concerning developments in national and community service that merit the
attention of the President and the authorizing
committees;
(9) ensure effective dissemination of information regarding the programs and initiatives
of the Corporation;
(10) notwithstanding any other provision of
law—
(A) make grants to or contracts with Federal and other public departments or agen1 See

References in Text note below.

Page 7901

TITLE 42—THE PUBLIC HEALTH AND WELFARE

cies, and private nonprofit organizations, for
the assignment or referral of volunteers
under the provisions of title I of the Domestic Volunteer Service Act of 1973 [42 U.S.C.
4951 et seq.] (except as provided in section
108 of such Act [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
(B) enter into agreements with other Federal agencies or private nonprofit organizations for the support of programs under the
national service laws, which—
(i) may provide that the agency or organization shall pay all or a part of the costs
of the program, except as is provided in
section 12571(b) of this title; and
(ii) shall provide that the program (including any program operated by another
Federal agency) will comply with all requirements related to evaluation, performance, and other goals applicable to similar
programs under the national service laws,
as determined by the Corporation,
(11) prepare and make recommendations to
the authorizing committees and the President
for changes in the national service laws resulting from the studies and demonstrations the
Chief Executive Officer is required to carry
out under section 12651d(b)(11) of this title,
which recommendations shall be submitted to
the authorizing committees and President not
later than January 1, 2012.
(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), 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.
(Pub. L. 101–610, title I, § 192A, as added and
amended Pub. L. 103–82, title II, §§ 202(a),
203(a)(1)(B), (2), Sept. 21, 1993, 107 Stat. 875, 891;
Pub. L. 111–13, title I, § 1702, Apr. 21, 2009, 123
Stat. 1544.)
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,

§ 12651b

as added by Pub. L. 103–82, title II, § 202(g)(1), Sept. 21,
1993, 107 Stat. 889, which was renumbered section 8F of
the Act by Pub. L. 103–204, § 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)(A), is Pub. L. 93–113, Oct. 1, 1973, 87
Stat. 394. Title I of the Act is classified generally to
subchapter I (§ 4951 et seq.) of chapter 66 of this title.
For complete classification of this Act to the Code, see
Short Title note set out under section 4950 of this title
and Tables.
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.
AMENDMENTS
2009—Subsec. (g). Pub. L. 111–13, § 1702(1), substituted
‘‘shall have responsibility for setting overall policy for
the Corporation and shall—’’ for ‘‘shall—’’ in introductory provisions.
Subsec. (g)(1). Pub. L. 111–13, § 1702(2), inserted ‘‘, and
review the budget proposal in advance of submission to
the Office of Management and Budget’’ before semicolon at end.
Subsec. (g)(5)(C). Pub. L. 111–13, § 1702(3), added subpar. (C).
Subsec. (g)(8). Pub. L. 111–13, § 1702(4), substituted
‘‘the authorizing committees’’ for ‘‘the Congress’’ in
two places.
Subsec. (g)(10). Pub. L. 111–13, § 1702(5), added par. (10)
and struck out former par. (10) which read as follows:
‘‘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 (except as provided in section 108 of the Domestic Volunteer Service Act of 1973), which may provide
that the agency or organization shall pay all or a part
of the costs of the program; and’’.
Subsec. (g)(11). Pub. L. 111–13, § 1702(6), substituted
‘‘authorizing committees’’ for ‘‘Congress’’ in two
places,
‘‘section
12651d(b)(11)’’
for
‘‘section
12651d(b)(10)’’, and ‘‘January 1, 2012’’ for ‘‘September 30,
1995’’.
1993—Subsec.
(g)(5)(A),
(B).
Pub.
L.
103–82,
§ 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, § 203(a)(2)(A), struck out
‘‘and’’ at end.
Subsec. (g)(10). Pub. L. 103–82, § 203(a)(2)(C), added par.
(10). Former par. (10) redesignated (11).
Pub. L. 103–82, § 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, § 203(a)(2)(B), redesignated par. (10) as (11).
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 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.

§ 12651c

TITLE 42—THE PUBLIC HEALTH AND WELFARE
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.

§ 12651c. Chief Executive Officer
(a) Appointment
The Corporation shall be headed by an individual who shall serve as Chief Executive Officer
of the Corporation, and who shall be appointed
by the President, by and with the advice and
consent of the Senate.
(b) Compensation
The Chief Executive Officer shall be compensated at the rate provided for level III of the
Executive Schedule under section 5314 of title 5,
plus 3 percent.
(c) Regulations
The Chief Executive Officer shall prescribe
such rules and regulations as are necessary or
appropriate to carry out the national service
laws.
(Pub. L. 101–610, title I, § 193, as added and
amended Pub. L. 103–82, title II, §§ 202(a),
203(a)(1)(B), Sept. 21, 1993, 107 Stat. 877, 891; Pub.
L. 111–13, title I, § 1703, Apr. 21, 2009, 123 Stat.
1545.)
AMENDMENTS
2009—Subsec. (b). Pub. L. 111–13 inserted ‘‘, plus 3 percent’’ before period at end.
1993—Subsec. (c). Pub. L. 103–82, § 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 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 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.
REGULATIONS
Pub. L. 111–13, title VI, § 6101(b), Apr. 21, 2009, 123 Stat.
1600, provided that: ‘‘Effective on the date of enactment
of this Act [Apr. 21, 2009], the Chief Executive Officer of
the Corporation for National and Community Service
may issue such regulations as may be necessary to
carry out this Act [see Short Title of 2009 Amendment
note set out under section 12501 of this title] and the
amendments made by this Act.’’

§ 12651d. Authorities and duties of the Chief Executive Officer
(a) General powers and duties
The Chief Executive Officer shall be responsible for the exercise of the powers and the discharge of the duties of the Corporation that are

Page 7902

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, in collaboration with the State
Commissions, shall—
(1) prepare and submit to the Board a strategic plan, including a plan for having 50 percent of all approved national service positions
be full-time positions by 2012, every 3 years,
and annual updates of the plan, for the Corporation with respect to the major functions
and operations of the Corporation;
(2)(A) prepare and submit to the Board a proposal with respect to such grants and allotments, contracts, other financial assistance,
and designation of positions as approved national service positions, as are necessary or
appropriate to carry out the national service
laws; and
(B) after receiving and reviewing an approved proposal under 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, approved summer of service positions,
and approved silver scholar 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
1 See

References in Text note below.

Page 7903

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 authorizing
committees and the Board an annual report on
actions taken to achieve the goal of having 50
percent of all approved national service positions be full-time positions by 2012 as described in paragraph (1), including an assessment of the progress made toward achieving
that goal and the actions to be taken in the
coming year toward achieving that goal;
(8) prepare and submit to the Board an annual report, and such interim reports as may
be necessary, describing the major actions of
the Chief Executive Officer with respect to the
personnel of the Corporation, and with respect
to such standards, policies, procedures, programs, and initiatives;
(9) inform the Board of, and provide an explanation to the Board regarding, any substantial differences regarding the implementation
of the national service laws between—
(A) the actions of the Chief Executive Officer; and
(B)(i) the strategic plan approved by the
Board under 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;
(10) prepare and submit to the authorizing
committees an annual report, and such interim reports as may be necessary, describing—
(A) the services referred to in paragraph
(1), and the money and property referred to
in paragraph (2), of 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;
(11) provide for studies (including the evaluations described in subsection (f)) and demonstrations that evaluate, and prepare and
submit to the Board periodically, a report containing recommendations regarding, issues related to—
(A) the administration and organization of
programs authorized under the national
service laws or under 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, as described in section 12572(f)(1) of
this title, designed to meet unmet human,
education, environmental, or public safety
needs are being addressed by this chapter;

§ 12651d

(ii) the manner in which—
(I) educational and other outcomes of
both stipended and nonstipended service
and service-learning are defined and
measured in such service programs; and
(II) such outcomes should be defined
and measured in such service programs;
(iii) whether stipended service programs,
and service programs providing educational benefits in return for service,
should focus on economically disadvantaged individuals or at-risk youth or
whether such programs should include a
mix of individuals, including individuals
from middle- and upper-income families;
(iv) the role and importance of stipends
and educational benefits in achieving desired outcomes in the service programs;
(v) the potential for cost savings and coordination of support and oversight services from combining functions performed
by ACTION State offices and State Commissions;
(vi) the implications of the results from
such studies and demonstrations for authorized funding levels for the service programs; and
(vii) other issues that the Director determines to be relevant to the administration
and organization of the service programs;
and
(B) the number, potential consolidation,
and future organization of national service
or domestic volunteer service programs that
are authorized under Federal law, including
VISTA, service corps assisted under division
C and other programs authorized by this
chapter, programs administered by the Public Health Service, the Department of Defense, or other Federal agencies, programs
regarding teacher corps, and programs regarding work-study and higher education
loan forgiveness or forbearance programs authorized by the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.) related to community
service;
(12) 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;
(13) bolster the public awareness of and recruitment efforts for the wide range of service
opportunities for citizens of all ages, regardless of socioeconomic status or geographic lo-

§ 12651d

TITLE 42—THE PUBLIC HEALTH AND WELFARE

cation, through a variety of methods, including—
(A) print media;
(B) the Internet and related emerging
technologies;
(C) television;
(D) radio;
(E) presentations at public or private forums;
(F) other innovative methods of communication; and
(G) outreach to offices of economic development, State employment security agencies, labor organizations and trade associations, local educational agencies, institutions of higher education, agencies and organizations serving veterans and individuals
with disabilities, and other institutions or
organizations from which participants for
programs receiving assistance from the national service laws can be recruited;
(14) identify and implement methods of recruitment to—
(A) increase the diversity of participants
in the programs receiving assistance under
the national service laws; and
(B) increase the diversity of service sponsors of programs desiring to receive assistance under the national service laws;
(15) coordinate with organizations of former
participants of national service programs for
service opportunities that may include capacity building, outreach, and recruitment for
programs receiving assistance under the national service laws;
(16) collaborate with organizations with
demonstrated expertise in supporting and accommodating individuals with disabilities, including institutions of higher education, to
identify and implement methods of recruitment to increase the number of participants
who are individuals with disabilities in the
programs receiving assistance under the national service laws;
(17) identify and implement recruitment
strategies and training programs for bilingual
volunteers in the National Senior Service
Corps under title II of the Domestic Volunteer
Service Act of 1973 [42 U.S.C. 5000 et seq.];
(18) collaborate with organizations that have
established volunteer recruitment programs to
increase the recruitment capacity of the Corporation;
(19) where practicable, provide application
materials in languages other than English for
individuals with limited English proficiency
who wish to participate in a national service
program;
(20) collaborate with the training and technical assistance programs described in division
K with respect to the activities described in
section 12657(b) of this title); 2
(21) coordinate the clearinghouses described
in section 12653o of this title;
(22) coordinate with entities receiving funds
under division C in establishing the National
Service Reserve Corps under section 12653h of
2 So in original. The closing parenthesis probably should not
appear.

Page 7904

this title, through which alumni of the national service programs and veterans can serve
in disasters and emergencies (as such terms
are defined in section 12653h(a) of this title); 1
(23) identify and implement strategies to increase awareness among Indian tribes of the
types and availability of assistance under the
national service laws, increase Native American participation in programs under the national service laws, collect information on
challenges facing Native American communities, and designate a Strategic Advisor for
Native American Affairs to be responsible for
the execution of those activities under the national service laws;
(24) conduct outreach to ensure the inclusion
of economically disadvantaged individuals in
national service programs and activities authorized under the national service laws; and
(25) ensure that outreach, awareness, and recruitment efforts are consistent with the
Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) and section 794 of title 29.
(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;

Page 7905

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(9) consolidate the reports to the authorizing
committees 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 the authorizing committees on
an annual basis;
(10) obtain the opinions of peer reviewers in
evaluating applications to the Corporation for
assistance under this subchapter; and
(11) generally perform such functions and
take such steps consistent with the objectives
and provisions of the national service laws, as
the Chief Executive Officer determines to be
necessary or appropriate to carry out such
provisions.
(d) Delegation
(1) ‘‘Function’’ defined
As used in this subsection, the term ‘‘function’’ means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program.
(2) In general
Except as otherwise prohibited by law or
provided in the national service laws, the
Chief Executive Officer may delegate any
function under the national service laws, and
authorize such successive redelegations of
such function as may be necessary or appropriate. No delegation of a function by the
Chief Executive Officer under this subsection
or under any other provision of the national
service laws shall relieve such Chief Executive
Officer of responsibility for the administration
of such function.
(3) Function of Board
The Chief Executive Officer may not delegate a function of the Board without the permission of the Board.
(e) Actions
In an action described in subsection (c)(7)—
(1) a district court referred to in such subsection shall have jurisdiction of such a civil
action without regard to the amount in controversy;
(2) such an action brought by the Chief Executive Officer shall survive notwithstanding
any change in the person occupying the office
of Chief Executive Officer or any vacancy in
that office;
(3) no attachment, injunction, garnishment,
or other similar process, mesne or final, shall
be issued against the Chief Executive Officer
or the Board or property under the control of
the Chief Executive Officer or the Board; and
(4) nothing in this section shall be construed
to except litigation arising out of activities
under this chapter from the application of 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, 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.

§ 12651d

(2) Evaluation of success of investment in national service
(A) Evaluation required
The Corporation shall arrange for the
independent evaluation of the operation of
division C to determine the levels of participation of economically disadvantaged individuals in national service programs carried
out or supported using assistance provided
under 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
the 3 first date that a report is submitted
under subsection (b)(11) after the effective
date of the Serve America Act.
(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 ex3 So

in original.

§ 12651d

TITLE 42—THE PUBLIC HEALTH AND WELFARE

pended 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)].
(h) Authority to contract with businesses
The Chief Executive Officer may, through contracts or cooperative agreements, carry out the
marketing duties described in subsection (b)(13),
with priority given to those entities that have
established expertise in the recruitment of disadvantaged youth, members of Indian tribes,
and older adults.
(i) Campaign to solicit funds
The Chief Executive Officer may conduct a
campaign to solicit funds to conduct outreach
and recruitment campaigns to recruit a diverse
population of service sponsors of, and participants in, programs and projects receiving assistance under the national service laws.
(Pub. L. 101–610, title I, § 193A, as added and
amended Pub. L. 103–82, title II, §§ 202(a),
203(a)(1)(B), (3), Sept. 21, 1993, 107 Stat. 877, 891;
Pub. L. 103–304, § 3(b)(2), Aug. 23, 1994, 108 Stat.
1567; Pub. L. 111–13, title I, § 1704, Apr. 21, 2009,
123 Stat. 1545.)
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, § 202(g)(1), Sept. 21,
1993, 107 Stat. 889, which was renumbered section 8F of
the Act by Pub. L. 103–204, § 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)(11)(A), is
Pub. L. 91–378, Aug. 13, 1970, 84 Stat. 794, popularly
known as the Youth Conservation Corps Act of 1970,
which is classified generally to chapter 37 (§ 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)(11)(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, which
is classified principally to this chapter. For complete

Page 7906

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)(11)(B), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat.
1219, which is classified generally to chapter 28 (§ 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 subsecs. (b)(17) and (g)(1), (2), is Pub. L. 93–113,
Oct. 1, 1973, 87 Stat. 394, which is classified principally
to chapter 66 (§ 4950 et seq.) of this title. Title II of the
Act is classified generally to subchapter II (§ 5000 et
seq.) of chapter 66 of this title. For complete classification of this Act to the Code, see Short Title note set
out under section 4950 of this title and Tables.
Section 12653h(a) of this title, referred to in subsec.
(b)(22), does not contain definitions of disasters and
emergencies.
The Americans with Disabilities Act of 1990, referred
to in subsec. (b)(25), is Pub. L. 101–336, July 26, 1990, 104
Stat. 327, which is classified principally to chapter 126
(§ 12101 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 12101 of this title and Tables.
For the effective date of the Serve America Act, referred to in subsec. (f)(2)(B), as Oct. 1, 2009, see section
6101(a) of Pub. L. 111–13, set out as an Effective Date of
2009 Amendment note under section 4950 of this title.
For the effective date of this subsection, referred to
in subsec. (g)(3), see Effective Date of 1993 Amendment
note below.
AMENDMENTS
2009—Subsec. (b). Pub. L. 111–13, § 1704(1)(A), substituted ‘‘, in collaboration with the State Commissions, shall’’ for ‘‘shall’’ in introductory provisions.
Subsec. (b)(1). Pub. L. 111–13, § 1704(1)(B), inserted
‘‘, including a plan for having 50 percent of all approved
national service positions be full-time positions by
2012,’’ after ‘‘a strategic plan’’.
Subsec. (b)(2)(B). Pub. L. 111–13, § 1704(1)(C), inserted
‘‘, approved summer of service positions, and approved
silver scholar positions’’ after ‘‘approved national service positions’’.
Subsec. (b)(7) to (9). Pub. L. 111–13, § 1704(1)(D), (E),
added par. (7) and redesignated former pars. (7) and (8)
as (8) and (9), respectively. Former par. (9) redesignated
(10).
Subsec. (b)(10). Pub. L. 111–13, § 1704(1)(D), (F), redesignated par. (9) as (10) and substituted ‘‘authorizing committees’’ for ‘‘appropriate committees of Congress’’ in
introductory provisions. Former par. (10) redesignated
(11).
Subsec. (b)(11). Pub. L. 111–13, § 1704(1)(D), (G)(i), redesignated par. (10) as (11) and substituted ‘‘periodically,’’ for ‘‘by June 30, 1995,’’ in introductory provisions. Former par. (11) redesignated (12).
Subsec. (b)(11)(A)(i). Pub. L. 111–13, § 1704(1)(G)(ii),
substituted ‘‘national priorities, as described in section
12572(f)(1) of this title, designed to meet’’ for ‘‘national
priorities designed to meet the’’ and struck out ‘‘described in section 12572(c)(1) of this title’’ after ‘‘public
safety needs’’.
Subsec. (b)(12) to (25). Pub. L. 111–13, § 1704(1)(D),
(G)(iii)–(I), redesignated par. (11) as (12) and added pars.
(13) to (25).
Subsec. (c)(9). Pub. L. 111–13, § 1704(2)(A)(i), substituted ‘‘the authorizing committees’’ for ‘‘Congress’’
in two places.
Subsec. (c)(10), (11). Pub. L. 111–13, § 1704(2)(A)(ii)–(C),
added par. (10) and redesignated former par. (10) as (11).
Subsec. (f)(2)(B). Pub. L. 111–13, § 1704(3), substituted
‘‘the first date that a report is submitted under subsection (b)(11) after the effective date of the Serve
America Act’’ for ‘‘date specified in subsection (b)(10)
of this section’’.
Subsecs. (h), (i). Pub. L. 111–13, § 1704(4), added subsecs. (h) and (i).
1994—Subsec. (g). Pub. L. 103–304 made technical
amendment to directory language of Pub. L. 103–82,
§ 203(a)(3). See 1993 Amendment note below.

Page 7907

TITLE 42—THE PUBLIC HEALTH AND WELFARE

1993—Subsecs. (b) to (d). Pub. L. 103–82, § 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, § 203(a)(3), as amended by
Pub. L. 103–304, added subsec. (g).
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 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.

§ 12651e. Officers
(a) Managing Directors
(1) In general
There shall be in the Corporation 2 Managing Directors, who shall be appointed by the
President, and who shall report to the Chief
Executive Officer.
(2) Compensation
The Managing Directors shall be compensated at the rate provided for level IV of
the Executive Schedule under 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 U.S.C. App.].
(c) Chief Financial Officer
(1) In general
There shall be in the Corporation a Chief Financial Officer, who shall be appointed by the
Chief Executive Officer pursuant to subsections (a) and (b) of section 12651f of this
title.
(2) Duties
The Chief Financial Officer shall—

§ 12651e

(A) report directly to the Chief Executive
Officer regarding financial management
matters;
(B) oversee all financial management activities relating to the programs and operations of the Corporation;
(C) develop and maintain an integrated accounting and financial management system
for the Corporation, including financial reporting and internal controls;
(D) develop and maintain any joint financial management systems with the Department of Education necessary to carry out
the programs of the Corporation; and
(E) direct, manage, and provide policy
guidance and oversight of the financial management personnel, activities, and operations of the Corporation.
(d) Assistant Directors for VISTA and National
Senior Service Corps
(1) Appointment
One of the Managing Directors appointed
under subsection (a) shall, in accordance with
applicable provisions of title 5, appoint 4 Assistant Directors who shall report directly to
such Managing Director, of which—
(A) 1 Assistant Director shall be responsible for programs carried out under parts A
[42 U.S.C. 4951 et seq.] and B 1 of title I of the
Domestic Volunteer Service Act of 1973 (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.
(Pub. L. 101–610, title I, § 194, as added Pub. L.
103–82, title II, § 202(a), Sept. 21, 1993, 107 Stat.
882; amended Pub. L. 110–409, § 4(a)(4), Oct. 14,
2008, 122 Stat. 4304; Pub. L. 111–13, title I, § 1705,
Apr. 21, 2009, 123 Stat. 1547; Pub. L. 112–166, § 2(p),
Aug. 10, 2012, 126 Stat. 1288.)
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,
which is set out in the Appendix to Title 5, Government
Organization and Employees.
1 See

References in Text note below.

§ 12651f

TITLE 42—THE PUBLIC HEALTH AND WELFARE

The Domestic Volunteer Service Act of 1973, referred
to in subsec. (d)(1), is Pub. L. 93–113, Oct. 1, 1973, 87
Stat. 394. Title I of the Act is classified generally to
subchapter I (§ 4951 et seq.) of chapter 66 of this title.
Part A of title I of the Act is classified generally to
part A (§ 4951 et seq.) of subchapter I of chapter 66 of
this title. Part B of title I of the Act, which was classified generally to part B (§ 4971 et seq.) of subchapter I
of chapter 66 of this title, was repealed by Pub. L.
111–13, title II, § 2121, Apr. 21, 2009, 123 Stat. 1584. Parts
A, B, and C of title II of the Act are classified generally
to parts A (§ 5001 et seq.), B (§ 5011 et seq.), and C (§ 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.
AMENDMENTS
2012—Subsec. (a)(1). Pub. L. 112–166 struck out ‘‘, by
and with the advice and consent of the Senate’’ after
‘‘President’’.
2009—Subsec. (c). Pub. L. 111–13 added par. (1), redesignated par. (3) as (2), and struck out former pars. (1)
and (2) which read as follows:
‘‘(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.’’
2008—Subsec. (b)(3). Pub. L. 110–409 struck out par. (3).
Text read as follows: ‘‘The Inspector General shall be
compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5.’’
EFFECTIVE DATE OF 2012 AMENDMENT
Amendment by Pub. L. 112–166 effective 60 days after
Aug. 10, 2012, and applicable to appointments made on
and after that effective date, including any nomination
pending in the Senate on that date, see section 6(a) of
Pub. L. 112–166, set out as a note under section 113 of
Title 6, Domestic Security.
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
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.

§ 12651f. Employees, consultants, and other personnel
(a) Employees
Except as provided in subsection (b), 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
1 See

References in Text note below.

Page 7908

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

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

States to serve as the representative of the
Corporation in the State or States and to assist the Corporation in carrying out the activities described in the national service laws in
the State or States.
(2) Duties
The representative designated under this
subsection for a State or group of States shall
serve as the liaison between—
(A) the Corporation and the State Commission that is established in the State or
States;
(B) the Corporation and any subdivision of
a State, territory, Indian tribe, public or private nonprofit organization, or institution of
higher education, in the State or States,
that is awarded a grant under 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) Nonvoting member of State Commission
The representative designated under this
subsection for a State or group of States shall
also serve as a nonvoting member of the State
Commission established in the State or
States, as described in 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), 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 ad-

§ 12651f

vise 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.
(g) Personal services contracts
The Corporation may enter into personal services contracts to carry out research, evaluation,
and public awareness related to the national
service laws.
(Pub. L. 101–610, title I, § 195, as added and
amended Pub. L. 103–82, title II, §§ 202(a),
203(a)(1)(B), Sept. 21, 1993, 107 Stat. 883, 891; Pub.
L. 111–13, title I, § 1706, Apr. 21, 2009, 123 Stat.
1547.)
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, § 202(g)(1), Sept. 21,
1993, 107 Stat. 889, which was renumbered section 8F of
the Act by Pub. L. 103–204, § 23(a)(3), Dec. 17, 1993, 107
Stat. 2408, and is set out in the Appendix to Title 5,
Government Organization and Employees.
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, which is classified generally to chapter 66

§ 12651g

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(§ 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.
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
2009—Subsec. (c)(2)(B). Pub. L. 111–13, § 1706(1)(A), inserted ‘‘territory,’’ after ‘‘subdivision of a State,’’.
Subsec. (c)(3). Pub. L. 111–13, § 1706(1)(B), substituted
‘‘Nonvoting member’’ for ‘‘Member’’ in heading and inserted ‘‘nonvoting’’ before ‘‘member’’ in text.
Subsec. (g). Pub. L. 111–13, § 1706(2), added subsec. (g).
1993—Subsecs. (c)(1), (e). Pub. L. 103–82, § 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 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 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.

§ 12651g. Administration
(a) Donations
(1) Services
(A) Organizations and individuals
Notwithstanding section 1342 of title 31,
the Corporation may solicit and accept the
services of organizations and individuals
(other than participants) 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
A person who provides assistance, either
individually or as a member of an organization, in accordance with subparagraph (A)
shall not be considered to be a Federal employee and shall not be subject to the provisions of law relating to Federal employment,
including those relating to hours of work,
rates of compensation, leave, unemployment
compensation, and Federal employee benefits, except that—
(i) for the purposes of the tort claims
provisions of chapter 171 of title 28, such a
person 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, such persons shall be considered to be

Page 7910

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 person (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 person shall not carry out an inherently governmental function.
(ii) Regulations
The Chief Executive Officer shall promulgate regulations to carry out this subparagraph.
(iii) ‘‘Inherently governmental function’’
defined
As used in this subparagraph, the term
‘‘inherently
governmental
function’’
means any activity that is so intimately
related to the public interest as to mandate performance by an officer or employee of the Federal Government, including an activity that requires either the exercise of discretion in applying the authority of the Government or the use of value
judgment in making a decision for the
Government.
(2) Property
(A) In general
The Corporation may solicit, accept, hold,
administer, use, and dispose of, in furtherance of the purposes of the national service
laws, donations of any money or property,
real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or
otherwise. Donations accepted under this
subparagraph shall be used as nearly as possible in accordance with the terms, if any, of
such donation.
(B) Status of contribution
Any donation accepted under subparagraph (A) shall be considered to be a gift, devise, or bequest to, or for the use of, the
United States.
(C) Rules
The Chief Executive Officer shall establish
written rules to ensure that the solicitation,
acceptance, holding, administration, and use
of property described in subparagraph (A)—
(i) will not reflect unfavorably upon the
ability of the Corporation, or of any officer
or employee of the Corporation, to carry
out the responsibilities or official duties of
the Corporation in a fair and objective
manner; and
(ii) will not compromise the integrity of
the programs of the Corporation or any official or employee of the Corporation involved in such programs.
(D) Disposition
Upon completion of the use by the Corporation of any property accepted pursuant
to subparagraph (A) (other than money or
monetary proceeds from sales of property so

Page 7911

TITLE 42—THE PUBLIC HEALTH AND WELFARE

accepted), such completion shall be reported
to the General Services Administration and
such property shall be disposed of in accordance with title II of the Federal Property
and Administrative Services Act of 1949.1
(b) Contracts
Subject to chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509,
3906, 4710, and 4711) of subtitle I of title 41, the
Corporation may enter into contracts, and cooperative and interagency agreements, with Federal and State agencies, private firms, institutions, and individuals to conduct activities necessary to assist the Corporation in carrying out
the duties of the Corporation under the national
service laws.
(c) Office of Management and Budget
Appropriate circulars of the Office of Management and Budget shall apply to the Corporation.
(Pub. L. 101–610, title I, § 196, as added Pub. L.
103–82, title II, §§ 202(a), 203(a)(1)(B), Sept. 21,
1993, 107 Stat. 885, 891; amended Pub. L. 111–13,
title I, § 1707, Apr. 21, 2009, 123 Stat. 1548.)
REFERENCES IN TEXT
The Federal Property and Administrative Services
Act of 1949, referred to in subsec. (a)(2)(D), is act June
30, 1949, ch. 288, 63 Stat. 377. Title II of the Act, which
was classified principally to subchapter II (§§ 481, 483,
484, 485, 486, 487 to 490, 491, 492) of chapter 10 and section
758 of former Title 40, Public Buildings, Property, and
Works, was repealed by Pub. L. 107–217, § 6(b), Aug. 21,
2002, 116 Stat. 1304, which Act enacted Title 40, Public
Buildings, Property, and Works. 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.
CODIFICATION
In subsec. (b), ‘‘chapters 1 to 11 of title 40 and division
C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710,
and 4711) of subtitle I of title 41’’ substituted for ‘‘the
Federal Property and Administrative Services Act of
1949’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21,
2002, 116 Stat. 1303, which Act enacted Title 40, Public
Buildings, Property, and Works, and Pub. L. 111–350,
§ 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted
Title 41, Public Contracts.
AMENDMENTS
2009—Subsec. (a)(1)(A). Pub. L. 111–13, § 1707(1)(A),
added subpar. (A) and struck out former subpar. (A).
Prior to amendment, text read as follows: ‘‘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.’’
Subsec. (a)(1)(B). Pub. L. 111–13, § 1707(1)(B)(i), substituted ‘‘A person who provides assistance, either individually or as a member of an organization, in accordance with subparagraph (A)’’ for ‘‘Such a volunteer’’ in
introductory provisions.
Subsec. (a)(1)(B)(i). Pub. L. 111–13, § 1707(1)(B)(ii), substituted ‘‘such a person’’ for ‘‘a volunteer under this division’’.
Subsec. (a)(1)(B)(ii). Pub. L. 111–13, § 1707(1)(B)(iii),
substituted ‘‘such persons’’ for ‘‘volunteers under this
division’’.
Subsec. (a)(1)(B)(iii). Pub. L. 111–13, § 1707(1)(B)(iv),
substituted ‘‘such a person’’ for ‘‘such a volunteer’’.
1 See

References in Text note below.

§ 12651h

Subsec. (a)(1)(C)(i). Pub. L. 111–13, § 1707(1)(C), substituted ‘‘Such a person’’ for ‘‘Such a volunteer’’.
Subsec. (a)(3). Pub. L. 111–13, § 1707(2), struck out par.
(3). Text read as follows: ‘‘As used in this subsection,
the term ‘volunteer’ does not include a participant.’’
1993—Subsecs. (a)(1)(A), (2)(A), (b). Pub. L. 103–82,
§ 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 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 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.

§ 12651h. Corporation State offices
(a) In general
The Chief Executive Officer shall establish and
maintain a decentralized field structure that
provides for an office of the Corporation for each
State. The office for a State shall be located in,
or in reasonable proximity to, such State. Only
one such office may carry out the duties described in subsection (b) with respect to a State
at any particular time. Such State office may be
directed by the representative designated under
section 12651f(c) of this title.
(b) Duties
Each State office established pursuant to subsection (a) 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 1 of this title;
(3) provide to the State Commission and
other entities within the State support and
technical assistance necessary to assure the
existence of an effective system of recruitment, placement, and training of volunteers
within the State;
(4) monitor and evaluate the performance of
all programs and projects within the State
that receive assistance under the national
service laws; and
(5) perform such other duties and functions
as may be assigned or delegated by the Chief
Executive Officer.
1 See

References in Text note below.

§ 12651i

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(Pub. L. 101–610, title I, § 196A, as added Pub. L.
103–82, title II, § 202(a), Sept. 21, 1993, 107 Stat.
887.)
REFERENCES IN TEXT
Section 12653a of this title, referred to in subsec.
(b)(2), was in the original ‘‘section 198A’’, meaning section 198A of Pub. L. 101–610, as added by section 104(c)
of Pub. L. 103–82, which was repealed, and section 198B
was redesignated section 198A, by Pub. L. 111–13, title I,
§ 1803(a)(1), (b), Apr. 21, 2009, 123 Stat. 1554. Provisions
similar to section 12653a are now contained in section
12653o 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.

§ 12651i. VISTA Advance Payments Revolving
Fund
Notwithstanding section 101,1 the level for
‘‘Corporation for National and Community Service, Domestic Volunteer Service Programs, Operating Expenses’’ shall be $316,550,000, of which
$3,500,000 shall be for establishment in the Treasury of a VISTA Advance Payments Revolving
Fund (in this section referred to as the ‘‘Fund’’)
for the Corporation for National and Community Service which, in addition to reimbursements collected from eligible public agencies
and private nonprofit organizations pursuant to
cost-share agreements, shall be available until
expended to make advance payments in furtherance of title I of the Domestic Volunteer Service
Act of 1973 [42 U.S.C. 4951 et seq.]: Provided, That
up to 10 percent of funds appropriated to carry
out title I of such Act may be transferred to the
Fund if the Chief Executive Officer of the Corporation for National and Community Service
determines that the amounts in the Fund are
not sufficient to cover expenses of the Fund:
Provided further, That the Corporation for National and Community Service shall provide detailed information on the activities and financial status of the Fund during the preceding fiscal year in the annual congressional budget justifications to the Committees on Appropriations
of the House of Representatives and the Senate.
(Pub. L. 109–289, div. B, title II, § 20638, as added
Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 36.)
REFERENCES IN TEXT
Section 101, referred to in text, is section 101 of title
I of div. B of Pub. L. 109–289, as added by Pub. L. 110–5,
§ 2, Feb. 15, 2007, 121 Stat. 8. Subsec. (b) of section 101 is
classified as a note under this section. Subsecs. (a) and
(c) of section 101 are not classified to the Code.
The Domestic Volunteer Service Act of 1973, referred
to in text, is Pub. L. 93–113, Oct. 1, 1973, 87 Stat. 394.
Title I of the Act is classified generally to subchapter
I (§ 4951 et seq.) of chapter 66 of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 4950 of this title and Tables.
CODIFICATION
Section was enacted as part of the Continuing Appropriations Resolution, 2007, and not as part of the National and Community Service Act of 1990 which comprises this chapter.
1 See

References in Text note below.

Page 7912

DEFINITIONS
Pub. L. 109–289, div. B, title I, § 101(b), as added by
Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 9, provided that:
‘‘For purposes of this division [see Tables for classification], the term ‘level’ means an amount.’’

§ 12651j. Assignment to State Commissions
(a) Assignment
In accordance with section 12651d(c)(1) of this
title, the Chief Executive Officer may assign to
State Commissions specific programmatic functions upon a determination that such an assignment will increase efficiency in the operation or
oversight of a program under the national service laws. In carrying out this section, and before
executing any assignment of authority, the Corporation shall seek input from and consult Corporation employees, State Commissions, State
educational agencies, and other interested
stakeholders.
(b) Report
Not later than 2 years after the effective date
of the Serve America Act, the Corporation shall
submit a report to the authorizing committees
describing the consultation process described in
subsection (a), including the stakeholders consulted, the recommendation of stakeholders, and
any actions taken by the Corporation under this
section.
(Pub. L. 101–610, title I, § 196B, as added Pub. L.
111–13, title I, § 1708, Apr. 21, 2009, 123 Stat. 1548.)
REFERENCES IN TEXT
For the effective date of the Serve America Act, referred to in subsec. (b), as Oct. 1, 2009, see section
6101(a) of Pub. L. 111–13, set out as an Effective Date of
2009 Amendment note under section 4950 of this title.
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12651k. Study of involvement of veterans
(a) Study and report
The Corporation shall conduct a study and
submit a report to the authorizing committees,
not later than 3 years after the effective date of
the Serve America Act, on—
(1) the number of veterans serving in national service programs historically by year;
(2) strategies being undertaken to identify
the specific areas of need of veterans, including any goals set by the Corporation for veterans participating in the service programs;
(3) the impact of the strategies described in
paragraph (2) and the Veterans Corps on enabling greater participation by veterans in the
national service programs carried out under
the national service laws;
(4) how existing programs and activities carried out under the national service laws could
be improved to serve veterans, veterans service organizations, families of active-duty military, including gaps in services to veterans;
(5) the extent to which existing programs
and activities carried out under the national
service laws are coordinated and recommendations to improve such coordination including

Page 7913

TITLE 42—THE PUBLIC HEALTH AND WELFARE

the methods for ensuring the efficient financial organization of services directed towards
veterans; and
(6) how to improve utilization of veterans as
resources and volunteers.
(b) Consultation
In conducting the studies and preparing the
reports required under this subsection, the Corporation shall consult with veterans’ service organizations, the Secretary of Veterans Affairs,
State veterans agencies, the Secretary of Defense, as appropriate, and other individuals and
entities the Corporation considers appropriate.
(Pub. L. 101–610, title I, § 196C, as added Pub. L.
111–13, title I, § 1709, Apr. 21, 2009, 123 Stat. 1549.)
REFERENCES IN TEXT
For the effective date of the Serve America Act, referred to in subsec. (a), as Oct. 1, 2009, see section
6101(a) of Pub. L. 111–13, set out as an Effective Date of
2009 Amendment note under section 4950 of this title.
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

Division H—Investment for Quality and
Innovation
PRIOR PROVISIONS
This division is comprised of subtitle H, §§ 198–198C,
198H, 198K, 198O, 198P, and 198S, of title I of Pub. L.
101–610. A prior part H (§ 12653 et seq.), comprised of subtitle H, §§ 195–195O, of title I of Pub. L. 101–610, was renumbered subtitle E, §§ 151–166, of title I of Pub. L.
101–610 by Pub. L. 103–82, § 104(b), and transferred to division E (§ 12611 et seq.) of this subchapter.

PART I—ADDITIONAL CORPORATION ACTIVITIES
TO SUPPORT NATIONAL SERVICE
§ 12653. Additional Corporation activities to support national service
(a) Methods of conducting activities
The Corporation may carry out this section directly (except as provided in subsection (g)) or
through grants, contracts, and cooperative
agreements with other entities.
(b) Innovation and quality improvement
The Corporation may undertake activities to
address emergent needs through summer programs and other activities, and to support service-learning programs and national service programs, including—
(1) programs, including programs for rural
youth, under division B or C;
(2) employer-based retiree programs;
(3) intergenerational programs;
(4) programs involving individuals with disabilities as participants providing service; and
(5) programs sponsored by Governors.
(c) Conferences and materials
The Corporation may organize and hold conferences, and prepare and publish materials, to
disseminate information and promote the sharing of information among programs for the purpose of improving the quality of programs and
projects.
(d) Research
The Corporation may support research on national service, including service-learning.

§ 12653

(e) Youth leadership
The Corporation may support activities to enhance the ability of youth and young adults to
play leadership roles in national service.
(f) National program identity
The Corporation may support the development
and dissemination of materials, including training materials, and arrange for uniforms and insignia, designed to promote unity and shared
features among programs that receive assistance under the national service laws.
(g) Global Youth Service Day
(1) Designation
April 24, 2009, and April 23, 2010, are each designated as ‘‘Global Youth Service Days’’. The
President is authorized and directed to issue a
proclamation calling on the people of the
United States to observe the day with appropriate youth-led community improvement and
service-learning activities.
(2) Federal activities
In order to observe Global Youth Service
Day at the Federal level, the Corporation and
other Federal departments and agencies may
organize and carry out appropriate youth-led
community improvement and service-learning
activities.
(3) Activities
The Corporation and other Federal departments and agencies may make grants to public or private nonprofit organizations with
demonstrated ability to carry out appropriate
activities, in order to support such activities
on Global Youth Service Day.
(h) Assistance for Head Start
The Corporation may make grants to, and
enter into contracts and cooperative agreements
with, public or nonprofit private agencies and
organizations that receive grants or contracts
under the Foster Grandparent Program (part B
of title II of the Domestic Volunteer Service Act
of 1973 [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).
(i) Martin Luther King, Jr., Service Day
(1) Assistance
The Corporation may make grants to eligible entities described in paragraph (2) to pay
for the Federal share of the cost of planning
and carrying out service opportunities in conjunction with the Federal legal holiday honoring the birthday of Martin Luther King, Jr.
Such service opportunities shall consist of activities reflecting the life and teachings of
Martin Luther King, Jr., such as cooperation
and understanding among racial and ethnic
groups, nonviolent conflict resolution, equal
economic and educational opportunities, and
social justice.
(2) Eligible entities
Any entity otherwise eligible for assistance
under the national services laws shall be eligible to receive a grant under this subsection.

§ 12653

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(3) Repealed. Pub. L. 105–354, § 2(b), Nov. 3,
1998, 112 Stat. 3244
(4) Federal share
Grants provided under this subsection to an
eligible entity to support the planning and
carrying out of a service opportunity in conjunction with the Federal legal holiday honoring the birthday of Martin Luther King, Jr.,
together with all other Federal funds used to
plan or carry out the service opportunity, may
not exceed 30 percent of the cost of planning
and carrying out the service opportunity.
(5) Calculation of entity contributions
In determining the non-Federal share of the
costs of planning and carrying out a service
opportunity supported by a grant under this
subsection, the Corporation shall consider inkind contributions (including facilities, equipment, and services) made to plan or carry out
the service opportunity.
(j) Call to Service Campaign
Not later than 180 days after April 21, 2009, the
Corporation shall conduct a nationwide ‘‘Call To
Service’’ campaign, to encourage all people of
the United States, regardless of age, race, ethnicity, religion, or economic status, to engage in
full- or part-time national service, long- or
short-term public service in the nonprofit sector
or government, or volunteering. In conducting
the campaign, the Corporation may collaborate
with other Federal agencies and entities, State
Commissions, Governors, nonprofit and faithbased organizations, businesses, institutions of
higher education, elementary schools, and secondary schools.
(k) September 11th Day of Service
(1) Federal activities
The Corporation may organize and carry out
appropriate ceremonies and activities, which
may include activities that are part of the
broader Call to Service Campaign under subsection (j), in order to observe the September
11th National Day of Service and Remembrance at the Federal level.
(2) Activities
The Corporation may make grants and provide other support to community-based organizations to assist in planning and carrying
out appropriate service, charity, and remembrance opportunities in conjunction with the
September 11th National Day of Service and
Remembrance.
(3) Consultation
The Corporation may consult with and make
grants or provide other forms of support to
nonprofit organizations with expertise in representing families of victims of the September
11, 2001 terrorist attacks and other impacted
constituencies, and in promoting the establishment of September 11 as an annually recognized National Day of Service and Remembrance.
(Pub. L. 101–610, title I, § 198, as added and
amended Pub. L. 103–82, title I, § 104(c), title IV,
§ 405(p)(2), Sept. 21, 1993, 107 Stat. 840, 922; Pub. L.
103–304, § 3(a), (b)(6), Aug. 23, 1994, 108 Stat. 1566,

Page 7914

1568; Pub. L. 105–354, § 2(b), Nov. 3, 1998, 112 Stat.
3244; Pub. L. 111–13, title I, § 1802, Apr. 21, 2009,
123 Stat. 1552.)
REFERENCES IN TEXT
The Domestic Volunteer Service Act of 1973, referred
to in subsec. (h), is Pub. L. 93–113, Oct. 1, 1973, 87 Stat.
394. Title I and part B of title II of the Act are classified generally to subchapter I (§ 4951 et seq.) and part B
(§ 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. (h), is subchapter B (§§ 635–657) of chapter 8 of subtitle A of title
VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, which is
classified generally to subchapter II (§ 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.
PRIOR PROVISIONS
A prior section 12653, Pub. L. 101–610, title I, § 195, as
added Pub. L. 102–484, div. A, title X, § 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, § 104(b), and transferred to
section 12611 of this title.
AMENDMENTS
2009—Pub. L. 111–13, § 1802(a)(3), redesignated subsecs.
(g), (k), (n), (o), (q), (r), and (s) as (c) to (i), respectively,
and struck out former subsecs. (c) to (f), (h) to (j), (l),
(m), and (p), which related to summer programs, community-based agencies, improving ability to apply for
assistance, national service fellowships, Peace Corps
and VISTA training, promotion and recruitment, training, intergenerational support, planning coordination,
and service-learning, respectively.
Subsec. (a). Pub. L. 111–13, § 1802(a)(1), substituted
‘‘subsection (g)’’ for ‘‘subsection (r) of this section’’.
Subsec. (b). Pub. L. 111–13, § 1802(a)(2), substituted ‘‘to
address emergent needs through summer programs and
other activities, and to support service-learning programs and national service programs, including—’’ for
‘‘to improve the quality of national service programs,
including service-learning programs, and to support innovative and model programs, including—’’ in introductory provisions.
Subsec. (g). Pub. L. 111–13, § 1802(b)(1)(A), substituted
‘‘Global’’ for ‘‘National’’ in heading.
Subsec. (g)(1). Pub. L. 111–13, § 1802(b)(1)(B), (C), substituted ‘‘April 24, 2009, and April 23, 2010, are each designated as ‘Global Youth Service Days’.’’ for ‘‘April 19,
1994, and April 18, 1995, are each designated as ‘National
Youth Service Day’.’’ and ‘‘appropriate youth-led community improvement and service-learning activities’’
for ‘‘appropriate ceremonies and activities’’.
Subsec. (g)(2). Pub. L. 111–13, § 1802(b)(1)(B), (D), substituted ‘‘Global Youth’’ for ‘‘National Youth’’, inserted ‘‘and other Federal departments and agencies’’
after ‘‘Corporation’’, and substituted ‘‘youth-led community improvement and service-learning activities’’
for ‘‘ceremonies and activities’’.
Subsec. (g)(3). Pub. L. 111–13, § 1802(b)(1)(B), (E), inserted ‘‘and other Federal departments and agencies’’
after ‘‘Corporation’’ and substituted ‘‘Global Youth’’
for ‘‘National Youth’’.
Subsecs. (j), (k). Pub. L. 111–13, § 1802(c), added subsecs. (j) and (k).
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, § 3(b)(6), substituted ‘‘1995,’’ for ‘‘1995’’.
Subsec. (s). Pub. L. 103–304, § 3(a), added subsec. (s).

Page 7915

TITLE 42—THE PUBLIC HEALTH AND WELFARE

1993—Subsec. (r). Pub. L. 103–82, § 405(p)(2), substituted
‘‘Corporation’’ for ‘‘ACTION Agency’’.
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 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
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.
EXECUTIVE ORDER NO. 13560
Ex. Ord. No. 13560, Dec. 14, 2010, 75 F.R. 78875, which
established the White House Council for Community
Solutions, was superseded and revoked by Ex. Ord. No.
13748, § 5, Nov. 16, 2016, 81 F.R. 83621, set out as a note
under section 601 of Title 5, Government Organization
and Employees.

§ 12653a. Presidential awards for service
(a) Presidential awards
(1) In general
The President, acting through the Corporation, may make Presidential awards for service to individuals providing significant service, and to outstanding service programs.
(2) Individuals and programs
Notwithstanding section 12511 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.
(Pub. L. 101–610, title I, § 198A, formerly § 198B, as
added Pub. L. 103–82, title I, § 104(c), Sept. 21,
1993, 107 Stat. 843; renumbered § 198A and amended Pub. L. 111–13, title I, §§ 1803(b), 1804, Apr. 21,
2009, 123 Stat. 1554.)
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, 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.

§ 12653b

CODIFICATION
Section was formerly classified to section 12653b of
this title.
PRIOR PROVISIONS
A prior section 12653a, Pub. L. 101–610, title I, § 198A,
as added Pub. L. 103–82, title I, § 104(c), Sept. 21, 1993, 107
Stat. 842, related to clearinghouses, prior to repeal by
Pub. L. 111–13, title I, § 1803(a)(1), Apr. 21, 2009, 123 Stat.
1554, effective Oct. 1, 2009.
Another prior section 12653a, Pub. L. 101–610, title I,
§ 195A, as added Pub. L. 102–484, div. A, title X,
§ 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, § 104(b), and transferred to section 12612 of this title.
AMENDMENTS
2009—Subsec. (a)(2). Pub. L. 111–13, § 1804, substituted
‘‘section 12511’’ for ‘‘section 12511(19)’’.
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
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.

§ 12653b. ServeAmerica Fellowships
(a) Definitions
In this section:
(1) Area of national need
The term ‘‘area of national need’’ means an
area involved in efforts to—
(A) improve education in schools for economically disadvantaged students;
(B) expand and improve access to health
care;
(C) improve energy efficiency and conserve
natural resources;
(D) improve economic opportunities for
economically disadvantaged individuals; or
(E) improve disaster preparedness and response.
(2) Eligible fellowship recipient
The term ‘‘eligible fellowship recipient’’
means an individual who is selected by a State
Commission under subsection (c) and, as a result of such selection, is eligible for a
ServeAmerica Fellowship.
(3) Fellow
The term ‘‘fellow’’ means an eligible fellowship recipient who is awarded a ServeAmerica
Fellowship and is designated a fellow under
subsection (e)(2).
(4) Small service sponsor organization
The term ‘‘small service sponsor organization’’ means a service sponsor organization described in subsection (d)(1) that has not more
than 10 full-time employees and 10 part-time
employees.
(b) Grants
(1) In general
From the amounts appropriated under section 12681(a)(4)(B) of this title and allotted

§ 12653b

TITLE 42—THE PUBLIC HEALTH AND WELFARE

under paragraph (2)(A), the Corporation shall
make grants (including financial assistance
and a corresponding allotment of approved national service positions), to the State Commission of each of the several States, the District
of Columbia, and the Commonwealth of Puerto
Rico with an application approved under this
section, to enable such State Commissions to
award ServeAmerica Fellowships under subsection (e).
(2) Allotment; administrative costs
(A) Allotment
The amount allotted to a State Commission for a fiscal year shall be equal to an
amount that bears the same ratio to the
amount
appropriated
under
section
12681(a)(4)(B) of this title, as the population
of the State bears to the total population of
the several States, the District of Columbia,
and the Commonwealth of Puerto Rico.
(B) Reallotment
If a State Commission does not apply for
an allotment under this subsection for any
fiscal year, or if the State Commission’s application is not approved, the Corporation
shall reallot the amount of the State Commission’s allotment to the remaining State
Commissions in accordance with subparagraph (A).
(C) Administrative costs
Of the amount allotted to a State Commission under subparagraph (A), not more than
1.5 percent of such amount may be used for
administrative costs.
(3) Number of positions
The Corporation shall—
(A) establish or increase the number of approved national service positions under this
subsection during each of fiscal years 2010
through 2014;
(B) establish the number of approved positions at 500 for fiscal year 2010; and
(C) increase the number of the approved
positions to—
(i) 750 for fiscal year 2011;
(ii) 1,000 for fiscal year 2012;
(iii) 1,250 for fiscal year 2013; and
(iv) 1,500 for fiscal year 2014.
(4) Uses of grant funds
(A) Required uses
A grant awarded under this subsection
shall be used to enable fellows to carry out
service projects in areas of national need.
(B) Permitted uses
A grant awarded under this subsection
may be used for—
(i) oversight activities and mechanisms
for the service sites of the fellows, as determined necessary by the State Commission or the Corporation, which may include site visits;
(ii) activities to augment the experience
of fellows, including activities to engage
the fellows in networking opportunities
with other national service participants;
and

Page 7916

(iii) recruitment or training activities
for fellows.
(5) Applications
To be eligible to receive a grant under this
subsection, a State Commission shall submit
an application to the Corporation at such
time, in such manner, and containing such information as the Corporation may require, including information on the criteria and procedures that the State Commission will use for
overseeing ServeAmerica Fellowship placements for service projects, under subsection
(e).
(c) Eligible fellowship recipients
(1) Application
(A) In general
An applicant desiring to become an eligible fellowship recipient shall submit an application to a State Commission that has
elected to participate in the program authorized under this section, at such time and
in such manner as the Commission may require, and containing the information described in subparagraph (B) and such additional information as the Commission may
require. An applicant may submit such application to only 1 State Commission for a
fiscal year.
(B) Contents
The Corporation shall specify information
to be provided in an application submitted
under this subsection, which—
(i) shall include—
(I) a description of the area of national
need that the applicant intends to address in the service project;
(II) a description of the skills and experience the applicant has to address the
area of national need;
(III) a description of the type of service
the applicant plans to provide as a fellow; and
(IV) information identifying the local
area within the State served by the Commission in which the applicant plans to
serve for the service project; and
(ii) may include, if the applicant chooses, the size of the registered service sponsor organization with which the applicant
hopes to serve.
(2) Selection
Each State Commission shall—
(A) select, from the applications received
by the State Commission for a fiscal year,
the number of eligible fellowship recipients
that may be supported for that fiscal year
based on the amount of the grant received
by the State Commission under subsection
(b); and
(B) make an effort to award one-third of
the fellowships available to the State Commission for a fiscal year, based on the
amount of the grant received under subsection (b), to applicants who propose to
serve the fellowship with small service sponsor organizations registered under subsection (d).

Page 7917

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(d) Service sponsor organizations
(1) In general
Each service sponsor organization shall—
(A) be a nonprofit organization;
(B) satisfy qualification criteria established by the Corporation or the State Commission, including standards relating to organizational capacity, financial management, and programmatic oversight;
(C) not be a recipient of other assistance,
approved national service positions, or approved summer of service positions under
the national service laws; and
(D) at the time of registration with a State
Commission, enter into an agreement providing that the service sponsor organization
shall—
(i) abide by all program requirements;
(ii) provide an amount described in subsection (e)(3)(b) 1 for each fellow serving
with
the
organization
through
the
ServeAmerica Fellowship;
(iii) be responsible for certifying whether
each fellow serving with the organization
successfully completed the ServeAmerica
Fellowship, and record and certify in a
manner specified by the Corporation the
number of hours served by a fellow for purposes of determining the fellow’s eligibility for benefits; and
(iv) provide timely access to records relating to the ServeAmerica Fellowship to
the State Commission, the Corporation,
and the Inspector General of the Corporation.
(2) Registration
(A) Requirement
No service sponsor organization may receive a fellow under this section until the
organization registers with the State Commission.
(B) Clearinghouse
The State Commission shall maintain a
list of registered service sponsor organizations on a public website.
(C) Revocation
If a State Commission determines that a
service sponsor organization is in violation
of any of the applicable provisions of this
section—
(i) the State Commission shall revoke
the registration of the organization;
(ii) the organization shall not be eligible
to receive assistance, approved national
service positions, or approved summer of
service positions under this subchapter for
not less than 5 years; and
(iii) the State Commission shall have the
right to remove a fellow from the organization and relocate the fellow to another
site.
(e) Fellows
(1) In general
To be eligible to participate in a service
project as a fellow and receive a ServeAmerica
1 So

in original. Probably should be ‘‘(e)(3)(B)’’.

§ 12653b

Fellowship, an eligible fellowship recipient
shall—
(A) within 3 months after being selected as
an eligible fellowship recipient by a State
Commission, select a registered service
sponsor organization described in subsection
(d)—
(i) with which the recipient is interested
in serving under this section; and
(ii) that is located in the State served by
the State Commission;
(B) enter into an agreement with the organization—
(i) that specifies the service the recipient
will provide if the placement is approved;
and
(ii) in which the recipient agrees to serve
for 1 year on a full-time or part-time basis
(as determined by the Corporation); and
(C) submit such agreement to the State
Commission.
(2) Award
Upon receiving the eligible fellowship recipient’s agreement under paragraph (1), the State
Commission shall award a ServeAmerica Fellowship to the recipient and designate the recipient as a fellow.
(3) Fellowship amount
(A) In general
From amounts received under subsection
(b), each State Commission shall award each
of the State’s fellows a ServeAmerica Fellowship amount that is equal to 50 percent of
the amount of the average annual VISTA
subsistence allowance.
(B) Amount from service sponsor organization
(i) In general
Except as provided in clause (ii) and subparagraph (E), the service sponsor organization shall award to the fellow serving
such organization an amount that will ensure that the total award received by the
fellow for service in the service project
(consisting of such amount and the
ServeAmerica Fellowship amount the fellow receives under subparagraph (A)) is
equal to or greater than 70 percent of the
average annual VISTA subsistence allowance.
(ii) Small service sponsor organizations
In the case of a small service sponsor organization, the small service sponsor organization may decrease the amount of the
service sponsor organization award required under clause (i) to not less than an
amount that will ensure that the total
award received by the fellow for service in
the service project (as calculated in clause
(i)) is equal to or greater than 60 percent of
the average annual VISTA subsistence allowance.
(C) Maximum living allowance
The total amount that may be provided to
a fellow under this subparagraph shall not
exceed 100 percent of the average annual
VISTA subsistence allowance.

§ 12653c

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(D) Proration of amount
In the case of a fellow who is authorized to
serve a part-time term of service under the
agreement described in paragraph (1)(B)(ii),
the amount provided to a fellow under this
paragraph shall be prorated accordingly.
(E) Waiver
The Corporation may allow a State Commission to waive the amount required under
subparagraph (B) from the service sponsor
organization for a fellow serving the organization if—
(i) such requirement is inconsistent with
the objectives of the ServeAmerica Fellowship program; and
(ii) the amount provided to the fellow
under subparagraph (A) is sufficient to
meet the necessary costs of living (including food, housing, and transportation) in
the area in which the ServeAmerica Fellowship program is located.
(F) Definition
In this paragraph, the term ‘‘average annual VISTA subsistence allowance’’ means
the total average annual subsistence allowance provided to VISTA volunteers under
section 4955 of this title.
(f) Compliance with ineligible service categories
Service under a ServeAmerica Fellowship
shall comply with section 12584(a) of this title.
For purposes of applying that section to this
subsection, a reference to assistance shall be
considered to be a reference to assistance provided under this section.
(g) Reports
Each service sponsor organization that receives a fellow under this section shall, on a biweekly basis, report to the Corporation on the
number of hours served and the services provided by that fellow. The Corporation shall establish a web portal for the organizations to use
in reporting the information.
(h) Educational awards
A fellow who serves in a service project under
this section shall be considered to have served in
an approved national service position and, upon
meeting the requirements of section 12603 of this
title for full-time or part-time national service,
shall be eligible for a national service educational award described in such section. The
Corporation shall transfer an appropriate
amount of funds to the National Service Trust
to provide for the national service educational
award for such fellow.
(Pub. L. 101–610, title I, § 198B, as added Pub. L.
111–13, title I, § 1805, Apr. 21, 2009, 123 Stat. 1554.)
PRIOR PROVISIONS
A prior section 12653b, Pub. L. 101–610, title I, § 198B,
as added Pub. L. 103–82, title I, § 104(c), Sept. 21, 1993, 107
Stat. 843, which related to Presidential awards for service to individuals providing significant service and to
outstanding service programs, was renumbered section
198A of Pub. L. 101–610 by Pub. L. 111–13, title I, § 1803(b),
Apr. 21, 2009, 123 Stat. 1554, and transferred to section
12653a of this title.
Another prior section 12653b, Pub. L. 101–610, title I,
§ 195B, as added Pub. L. 102–484, div. A, title X,

Page 7918

§ 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, § 104(b), Sept. 21, 1993, 107 Stat. 840, and transferred to section 12613 of this title.
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12653c. Silver Scholarships and Encore Fellowships
(a) Silver Scholarship Grant Program
(1) Establishment
The Corporation may award fixed-amount
grants (in accordance with section 12581(l) of
this title) to community-based entities to
carry out a Silver Scholarship Grant Program
for individuals age 55 or older, in which such
individuals complete not less than 350 hours of
service in a year carrying out projects of national need and receive a Silver Scholarship in
the form of a $1,000 national service educational award. Under such a program, the
Corporation shall establish criteria for the
types of the 1 service required to be performed
to receive such award.
(2) Term
Each program funded under this subsection
shall be carried out over a period of 3 years
(which may include 1 planning year), with a 1year extension possible, if the program meets
performance levels developed in accordance
with section 12639(k) of this title and any
other criteria determined by the Corporation.
(3) Applications
To be eligible for a grant under this subsection, a community-based entity shall—
(A) submit to the Corporation an application at such time and in such manner as the
Chief Executive Officer may reasonably require; and
(B) be a listed organization as described in
subsection (b)(4).
(4) Collaboration encouraged
A community-based entity awarded a grant
under this subsection is encouraged to collaborate with programs funded under title II of the
Domestic Volunteer Service Act of 1973 [42
U.S.C. 5001 et seq.] in carrying out this program.
(5) Eligibility for fellowship
An individual is eligible to receive a Silver
Scholarship if the community-based entity
certifies to the Corporation that the individual has completed not less than 350 hours of
service under this section in a 1-year period.
(6) Transfer to trust
The Corporation shall transfer an appropriate amount of funds to the National Service
Trust to provide for the national service educational award for each silver scholar under
this subsection.
(7) Support services
A community-based entity receiving a fixedamount grant under this subsection may use a
1 So

in original.

Page 7919

TITLE 42—THE PUBLIC HEALTH AND WELFARE

portion of the grant to provide transportation
services to an eligible individual to allow such
individual to participate in a service project.
(b) Encore Fellowships
(1) Establishment
The Corporation may award 1-year Encore
Fellowships to enable individuals age 55 or
older to—
(A) carry out service projects in areas of
national need; and
(B) receive training and development in
order to transition to full- or part-time public service in the nonprofit sector or government.
(2) Program
In carrying out the program, the Corporation shall—
(A) maintain a list of eligible organizations for which Encore Fellows may be
placed to carry out service projects through
the program and shall provide the list to all
Fellowship recipients; and
(B) at the request of a Fellowship recipient—
(i) determine whether the requesting recipient is able to meet the service needs of
a listed organization, or another organization that the recipient requests in accordance with paragraph (5)(B), for a service
project; and
(ii) upon making a favorable determination under clause (i), award the recipient
with an Encore Fellowship, and place the
recipient with the organization as an Encore Fellow under paragraph (5)(C).
(3) Eligible recipients
(A) In general
An individual desiring to be selected as a
Fellowship recipient shall—
(i) be an individual who—
(I) is age 55 or older as of the time the
individual applies for the program; and
(II) is not engaged in, but who wishes
to engage in, full- or part-time public
service in the nonprofit sector or government; and
(ii) submit an application to the Corporation, at such time, in such manner,
and containing such information as the
Corporation may require, including—
(I) a description of the area of national
need that the applicant hopes to address
through the service project;
(II) a description of the skills and experience the applicant has to address an
area of national need; and
(III) information identifying the region
of the United States in which the applicant wishes to serve.
(B) Selection basis
In determining which individuals to select
as Fellowship recipients, the Corporation
shall—
(i) select not more than 10 individuals
from each State; and
(ii) give priority to individuals with
skills and experience for which there is an

§ 12653c

ongoing high demand in the nonprofit sector and government.
(4) Listed organizations
To be listed under paragraph (2)(A), an organization shall—
(A) be a nonprofit organization; and
(B) submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation
may require, including—
(i) a description of—
(I) the services and activities the organization carries out generally;
(II) the area of national need that the
organization seeks to address through a
service project; and
(III) the services and activities the organization seeks to carry out through
the proposed service project;
(ii) a description of the skills and experience that an eligible Encore Fellowship recipient needs to be placed with the organization as an Encore Fellow for the service
project;
(iii) a description of the training and
leadership development the organization
shall provide an Encore Fellow placed with
the organization to assist the Encore Fellow in obtaining a public service job in the
nonprofit sector or government after the
period of the Encore Fellowship; and
(iv) evidence of the organization’s financial stability.
(5) Placement
(A) Request for placement with listed organizations
To be placed with a listed organization in
accordance with paragraph (2)(B) for a service project, an eligible Encore Fellowship recipient shall submit an application for such
placement to the Corporation at such time,
in such manner, and containing such information as the Corporation may require.
(B) Request for placement with other organization
An eligible Encore Fellowship recipient
may apply to the Corporation to serve the
recipient’s Encore Fellowship year with a
nonprofit organization that is not a listed
organization. Such application shall be submitted to the Corporation at such time, in
such manner, and containing such information as the Corporation shall require, and
shall include—
(i) an identification and description of—
(I) the organization;
(II) the area of national need the organization seeks to address; and
(III) the services or activities the organization carries out to address such area
of national need;
(ii) a description of the services the eligible Encore Fellowship recipient shall provide for the organization as an Encore Fellow; and
(iii) a letter of support from the leader of
the organization, including—
(I) a description of the organization’s
need for the eligible Encore Fellowship
recipient’s services;

§ 12653d

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(II) evidence that the organization is
financially sound;
(III) an assurance that the organization will provide training and leadership
development to the eligible Encore Fellowship recipient if placed with the organization as an Encore Fellow, to assist
the Encore Fellow in obtaining a public
service job in the nonprofit sector or
government after the period of the Encore Fellowship; and
(IV) a description of the training and
leadership development to be provided to
the Encore Fellowship recipient if so
placed.
(C) Placement and award of Fellowship
If the Corporation determines that the eligible Encore Fellowship recipient is able to
meet the service needs (including skills and
experience to address an area of national
need) of the organization that the eligible
fellowship recipient requests under subparagraph (A) or (B), the Corporation shall—
(i) approve the placement of the eligible
Encore Fellowship recipient with the organization;
(ii) award the eligible Encore Fellowship
recipient an Encore Fellowship for a period of 1 year and designate the eligible
Encore Fellowship recipient as an Encore
Fellow; and
(iii) in awarding the Encore Fellowship,
make a payment, in the amount of $11,000,
to the organization to enable the organization to provide living expenses to the Encore Fellow for the year in which the Encore Fellow agrees to serve.
(6) Matching funds
An organization that receives an Encore Fellow under this subsection shall agree to provide, for the living expenses of the Encore Fellow during the year of service, non-Federal
contributions in an amount equal to not less
than $1 for every $1 of Federal funds provided
to the organization for the Encore Fellow
through the Encore Fellowship.
(7) Training and assistance
Each organization that receives an Encore
Fellow under this subsection shall provide
training, leadership development, and assistance to the Encore Fellow, and conduct oversight of the service provided by the Encore
Fellow.
(8) Leadership development
Each year, the Corporation shall convene
current and former Encore Fellows to discuss
the Encore Fellows’ experiences related to
service under this subsection and discuss
strategies for increasing leadership and careers in public service in the nonprofit sector
or government.
(c) Evaluations
The Corporation shall conduct an independent
evaluation of the programs authorized under
subsections (a) and (b) and widely disseminate
the results, including recommendations for improvement, to the service community through
multiple channels, including the Corporation’s

Page 7920

Resource Center or a clearinghouse of effective
strategies.
(Pub. L. 101–610, title I, § 198C, as added Pub. L.
111–13, title I, § 1805, Apr. 21, 2009, 123 Stat. 1559.)
REFERENCES IN TEXT
The Domestic Volunteer Service Act of 1973, referred
to in subsec. (a)(4), is Pub. L. 93–113, Oct. 1, 1973, 87
Stat. 394. Title II of the Act is classified generally to
subchapter II (§ 5000 et seq.) of chapter 66 of this title.
For complete classification of this Act to the Code, see
Short Title note set out under section 4950 of this title
and Tables.
PRIOR PROVISIONS
A prior section 12653c, Pub. L. 101–610, title I, § 198C,
as added Pub. L. 103–82, title I, § 104(c), Sept. 21, 1993, 107
Stat. 843; amended Pub. L. 105–277, div. A, § 101(f) [title
VIII, § 405(d)(42)(B), (f)(33)(A)], Oct. 21, 1998, 112 Stat.
2681–337, 2681–428, 2681–434, which related to military installation conversion demonstration programs, was repealed by Pub. L. 111–13, title I, § 1803(a)(2), title VI,
§ 6101(a), Apr. 21, 2009, 123 Stat. 1554, 1600, effective Oct.
1, 2009.
Another prior section 12653c, Pub. L. 101–610, title I,
§ 195C, as added Pub. L. 102–484, div. A, title X,
§ 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, § 104(b),
and transferred to section 12614 of this title.
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12653d. Repealed. Pub. L. 111–13, title
§ 1803(a)(3), Apr. 21, 2009, 123 Stat. 1554

I,

Section, Pub. L. 101–610, title I, § 198D, as added Pub.
L. 103–82, title I, § 104(c), Sept. 21, 1993, 107 Stat. 845, related to special demonstration projects for the YukonKuskokwim delta of Alaska.
Prior sections 12653d to 12653g were renumbered by
Pub. L. 103–82, § 104(b), and transferred as follows:
Section 12653d, Pub. L. 101–610, title I, § 195D, as added
Pub. L. 102–484, div. A, title X, § 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, § 195E, as added
Pub. L. 102–484, div. A, title X, § 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, § 195F, as added
Pub. L. 102–484, div. A, title X, § 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, § 195G, as added
Pub. L. 102–484, div. A, title X, § 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.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

PART II—NATIONAL SERVICE RESERVE CORPS
§ 12653h. National Service Reserve Corps
(a) Definitions
In this section—

Page 7921

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(1) the term ‘‘National Service Reserve
Corps member’’ means an individual who—
(A) has completed a term of national service or is a veteran;
(B) has successfully completed training described in subsection (c) within the previous
2 years;
(C) completes not less than 10 hours of volunteering each year (which may include the
training session described in subparagraph
(B)); and
(D) has indicated interest to the Corporation in responding to disasters and emergencies in a timely manner through the National Service Reserve Corps; and
(2) the term ‘‘term of national service’’
means a term or period of service under section 12573 of this title.
(b) Establishment of National Service Reserve
Corps
(1) In general
In consultation with the Federal Emergency
Management Agency, the Corporation shall establish a National Service Reserve Corps to
prepare and deploy National Service Reserve
Corps members to respond to disasters and
emergencies in support of national service programs and other requesting programs and
agencies.
(2) Grants or contracts
In carrying out this section, the Corporation
may enter into a grant or contract with an organization experienced in responding to disasters or in coordinating individuals who have
completed a term of national service or are
veterans, or may directly deploy National
Service Reserve Corps members, as the Corporation determines necessary.
(c) Annual training
The Corporation shall conduct or coordinate
annual training sessions, consistent with the
training requirements of the Federal Emergency
Management Agency, for individuals who have
completed a term of national service or are veterans, and who wish to join the National Service
Reserve Corps.
(d) Designation of organizations
(1) In general
The Corporation shall designate organizations with demonstrated experience in responding to disasters or emergencies, including through using volunteers, for participation
in the program under this section.
(2) Requirements
The Corporation shall ensure that every designated organization is—
(A) prepared to respond to disasters or
emergencies;
(B) prepared and able to utilize National
Service Reserve Corps members in responding to disasters or emergencies; and
(C) willing to respond in a timely manner
when notified by the Corporation of a disaster or emergency.
(e) Databases
The Corporation shall develop or contract
with an outside organization to develop—

§ 12653h

(1) a database of all National Service Reserve Corps members; and
(2) a database of all nonprofit organizations
that have been designated by the Corporation
under subsection (d).
(f) Deployment of National Service Reserve
Corps
(1) Major disasters or emergencies
If a major disaster or emergency is declared
by the President pursuant to section 102 of the
Robert T. Stafford Disaster Relief and Assistance Act 1 (42 U.S.C. 5122), the Administrator
of the Federal Emergency Management Agency, in consultation with the Corporation, may
task the National Service Reserve Corps to assist in response.
(2) Other disasters or emergencies
For a disaster or emergency that is not declared a major disaster or emergency under
section 102 of the Robert T. Stafford Disaster
Relief and Assistance Act 1 (42 U.S.C. 5122), the
Corporation may directly, or through a grant
or contract, deploy the National Service Reserve Corps.
(3) Deployment
Under paragraph (1) or (2), the Corporation
may—
(A) deploy interested National Service Reserve Corps members on assignments of not
more than 30 days to assist with local needs
related to preparing or recovering from the
incident in the affected area, either directly
or through organizations designated under
subsection (d);
(B) make travel arrangements for the deployed National Service Reserve Corps members to the site of the incident; and
(C) provide funds to those organizations
that are responding to the incident with deployed National Service Reserve Corps members, to enable the organizations to coordinate and provide housing, living stipends,
and insurance for those deployed members.
(4) Allowance
Any amounts that are utilized by the Corporation from funds appropriated under section 12681(a)(4)(D) of this title to carry out
paragraph (1) for a fiscal year shall be kept in
a separate fund. Any amounts in such fund
that are not used during a fiscal year shall remain available to use to pay National Service
Reserve Corps members an allowance, determined by the Corporation, for out-of-pocket
expenses.
(5) Information
(A) National service participants
The Corporation, the State Commissions,
and entities receiving financial assistance
for programs under division C of this subchapter,1 or under part A of title I of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 4951 et seq.), shall inform participants
about the National Service Reserve Corps
upon the participants’ completion of their
term of national service.
1 See

References in Text note below.

§ 12653k

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(B) Veterans
The Secretary of Veterans Affairs, in consultation with the Secretary of Defense,
shall inform veterans who are recently discharged, released, or separated from the
Armed Forces about the National Service
Reserve Corps.
(6) Coordination
In deploying National Service Reserve Corps
members under this subsection, the Corporation shall—
(A) avoid duplication of activities directed
by the Federal Emergency Management
Agency; and
(B) consult and, as appropriate, partner
with Citizen Corps programs and other local
disaster agencies, including State and local
emergency management agencies, voluntary
organizations active in disaster, State Commissions, and similar organizations, in the
affected area.
(Pub. L. 101–610, title I, § 198H, as added Pub. L.
111–13, title I, § 1806, Apr. 21, 2009, 123 Stat. 1562.)
REFERENCES IN TEXT
Section 102 of the Robert T. Stafford Disaster Relief
and Assistance Act (42 U.S.C. 5122), referred to in subsec. (f)(1), (2), probably means section 102 of Pub. L.
93–288, May 22, 1974, 88 Stat. 143, known as the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act, which is classified to section 5122 of this title.
Division C of this subchapter, referred to in subsec.
(f)(5)(A), was in the original ‘‘subtitle C of this Act’’
which was translated as meaning subtitle C of title I of
Pub. L. 101–610, to reflect the probable intent of Congress.
The Domestic Volunteer Service Act of 1973, referred
to in subsec. (f)(5)(A), is Pub. L. 93–113, Oct. 1, 1973, 87
Stat. 394. Part A of title I of the Act is classified generally to part A of subchapter I (§ 4951 et seq.) of chapter 66 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 4950 of this title and Tables.
PRIOR PROVISIONS
A prior section 12653h, Pub. L. 101–610, title I, § 195H,
as added Pub. L. 102–484, div. A, title X, § 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.
Prior sections 12653i and 12653j were renumbered by
section 104(b) of Pub. L. 103–82 and transferred as follows:
Section 12653i, Pub. L. 101–610, title I, § 195I, as added
Pub. L. 102–484, div. A, title X, § 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, § 195J, as added
Pub. L. 102–484, div. A, title X, § 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.
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

Page 7922

PART III—SOCIAL INNOVATION FUNDS PILOT
PROGRAM
§ 12653k. Funds
(a) Findings
Congress finds the following:
(1) Social entrepreneurs and other nonprofit
community organizations are developing innovative and effective solutions to national and
local challenges.
(2) Increased public and private investment
in replicating and expanding proven effective
solutions, and supporting new solutions, developed by social entrepreneurs and other nonprofit community organizations could allow
those entrepreneurs and organizations to replicate and expand proven initiatives, and support new initiatives, in communities.
(3) A network of Social Innovation Funds
could leverage Federal investments to increase State, local, business, and philanthropic resources to replicate and expand
proven solutions and invest in supporting new
innovations to tackle specific identified community challenges.
(b) Purposes
The purposes of this section are—
(1) to recognize and increase the impact of
social entrepreneurs and other nonprofit community organizations in tackling national and
local challenges;
(2) to stimulate the development of a network of Social Innovation Funds that will increase private and public investment in nonprofit community organizations that are effectively addressing national and local challenges
to allow such organizations to replicate and
expand proven initiatives or support new initiatives;
(3) to assess the effectiveness of such Funds
in—
(A) leveraging Federal investments to increase State, local, business, and philanthropic resources to address national and
local challenges;
(B) providing resources to replicate and expand effective initiatives; and
(C) seeding experimental initiatives focused on improving outcomes in the areas
described in subsection (f)(3); and
(4) to strengthen the infrastructure to identify, invest in, replicate, and expand initiatives with effective solutions to national and
local challenges.
(c) Definitions
In this section:
(1) Community organization
The term ‘‘community organization’’ means
a nonprofit organization that carries out innovative, effective initiatives to address community challenges.
(2) Covered entity
The term ‘‘covered entity’’ means—
(A) an existing grantmaking institution
(existing as of the date on which the institution applies for a grant under this section);
or

Page 7923

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(B) a partnership between—
(i) such an existing grantmaking institution; and
(ii) an additional grantmaking institution, a State Commission, or a chief executive officer of a unit of general local government.
(3) Issue area
The term ‘‘issue area’’ means an area described in subsection (f)(3).
(d) Program
From the amounts appropriated to carry out
this section that are not reserved under subsections (l) and (m), the Corporation shall establish a Social Innovation Funds grant program to
make grants on a competitive basis to eligible
entities for Social Innovation Funds.
(e) Periods; amounts
The Corporation shall make such grants for
periods of 5 years, and may renew the grants for
additional periods of 5 years, in amounts of not
less than $1,000,000 and not more than $10,000,000
per year.
(f) Eligibility
To be eligible to receive a grant under subsection (d), an entity shall—
(1) be a covered entity;
(2) propose to focus on—
(A) serving a specific local geographical
area; or
(B) addressing a specific issue area;
(3) propose to focus on improving measurable outcomes relating to—
(A) education for economically disadvantaged elementary or secondary school students;
(B) child and youth development;
(C) reductions in poverty or increases in
economic opportunity for economically disadvantaged individuals;
(D) health, including access to health services and health education;
(E) resource conservation and local environmental quality;
(F) individual or community energy efficiency;
(G) civic engagement; or
(H) reductions in crime;
(4) have an evidence-based decisionmaking
strategy, including—
(A) use of evidence produced by prior rigorous evaluations of program effectiveness
including, where available, well-implemented randomized controlled trials; and
(B) a well-articulated plan to—
(i)(I) replicate and expand research-proven initiatives that have been shown to
produce sizeable, sustained benefits to participants or society; or
(II) support new initiatives with a substantial likelihood of significant impact;
or
(ii) partner with a research organization
to carry out rigorous evaluations to assess
the effectiveness of such initiatives; and
(5) have appropriate policies, as determined
by the Corporation, that protect against con-

§ 12653k

flict of interest, self-dealing, and other improper practices.
(g) Application
To be eligible to receive a grant under subsection (d) for national leveraging capital, an eligible entity shall submit an application to the
Corporation at such time, in such manner, and
containing such information as the Corporation
may specify, including, at a minimum—
(1) an assurance that the eligible entity
will—
(A) use the funds received through that
capital in order to make subgrants to community organizations that will use the funds
to replicate or expand proven initiatives, or
support new initiatives, in low-income communities;
(B) in making decisions about subgrants
for communities, consult with a diverse
cross section of community representatives
in the decisions, including individuals from
the public, nonprofit private, and for-profit
private sectors; and
(C) make subgrants of a sufficient size and
scope to enable the community organizations to build their capacity to manage initiatives, and sustain replication or expansion of the initiatives;
(2) an assurance that the eligible entity will
not make any subgrants to the parent organizations of the eligible entity, a subsidiary organization of the parent organization, or, if
the eligible entity applied for funds under this
section as a partnership, any member of the
partnership;
(3) an identification of, as appropriate—
(A) the specific local geographical area referred to in subsection (f)(2)(A) that the eligible entity is proposing to serve; or
(B) the issue area referred to in subsection
(f)(2)(B) that the eligible entity will address,
and the geographical areas that the eligible
entity is likely to serve in addressing such
issue area;
(4)(A) information identifying the issue
areas in which the eligible entity will work to
improve measurable outcomes;
(B) statistics on the needs related to those
issue areas in, as appropriate—
(i) the specific local geographical area described in paragraph (3)(A); or
(ii) the geographical areas described in
paragraph (3)(B), including statistics demonstrating that those geographical areas
have high need in the specific issue area that
the eligible entity is proposing to address;
and
(C) information on the specific measurable
outcomes related to the issue areas involved
that the eligible entity will seek to improve;
(5) information describing the process by
which the eligible entity selected, or will select, community organizations to receive the
subgrants, to ensure that the community organizations—
(A) are institutions—
(i) with proven initiatives and a demonstrated track record of achieving specific outcomes related to the measurable
outcomes for the eligible entity; or

§ 12653k

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(ii) that articulate a new solution with a
significant likelihood for substantial impact;
(B) articulate measurable outcomes for the
use of the subgrant funds that are connected
to the measurable outcomes for the eligible
entity;
(C) will use the funds to replicate, expand,
or support their initiatives;
(D) provide a well-defined plan for replicating, expanding, or supporting the initiatives funded;
(E) can sustain the initiatives after the
subgrant period concludes through reliable
public revenues, earned income, or private
sector funding;
(F) have strong leadership and financial
and management systems;
(G) are committed to the use of data collection and evaluation for improvement of
the initiatives;
(H) will implement and evaluate innovative initiatives, to be important contributors to knowledge in their fields; and
(I) will meet the requirements for providing matching funds specified in subsection (k);
(6) information about the eligible entity, including its experience managing collaborative
initiatives, or assessing applicants for grants
and evaluating the performance of grant recipients for outcome-focused initiatives, and
any other relevant information;
(7) a commitment to meet the requirements
of subsection (i) and a plan for meeting the requirements, including information on any
funding that the eligible entity has secured to
provide the matching funds required under
that subsection;
(8) a description of the eligible entity’s plan
for providing technical assistance and support,
other than financial support, to the community organizations that will increase the ability of the community organizations to achieve
their measurable outcomes;
(9) information on the commitment, institutional capacity, and expertise of the eligible
entity concerning—
(A) collecting and analyzing data required
for evaluations, compliance efforts, and
other purposes;
(B) supporting relevant research; and
(C) submitting regular reports to the Corporation, including information on the initiatives of the community organizations,
and the replication or expansion of such initiatives;
(10) a commitment to use data and evaluations to improve the eligible entity’s own
model and to improve the initiatives funded
by the eligible entity; and
(11) a commitment to cooperate with any
evaluation activities undertaken by the Corporation.
(h) Selection criteria
In selecting eligible entities to receive grants
under subsection (d), the Corporation shall—
(1) select eligible entities on a competitive
basis;

Page 7924

(2) select eligible entities on the basis of the
quality of their selection process, as described
in subsection (g)(5), the capacity of the eligible entities to manage Social Innovation
Funds, and the potential of the eligible entities to sustain the Funds after the conclusion
of the grant period;
(3) include among the grant recipients eligible entities that propose to provide subgrants
to serve communities (such as rural low-income communities) that the eligible entities
can demonstrate are significantly philanthropically underserved;
(4) select a geographically diverse set of eligible entities; and
(5) take into account broad community perspectives and support.
(i) Matching funds for grants
(1) In general
The Corporation may not make a grant to
an eligible entity under subsection (d) for a
Social Innovation Fund unless the entity
agrees that, with respect to the cost described
in subsection (d) for that Fund, the entity will
make available matching funds in an amount
equal to not less than $1 for every $1 of funds
provided under the grant.
(2) Additional requirements
(A) Type and sources
The eligible entity shall provide the
matching funds in cash. The eligible entity
shall provide the matching funds from State,
local, or private sources, which may include
State or local agencies, businesses, private
philanthropic organizations, or individuals.
(B) Eligible entities including State Commissions or local government offices
(i) In general
In a case in which a State Commission,
a local government office, or both entities
are a part of the eligible entity, the State
involved, the local government involved,
or both entities, respectively, shall contribute not less than 30 percent and not
more than 50 percent of the matching
funds.
(ii) Local government office
In this subparagraph, the term ‘‘local
government office’’ means the office of the
chief executive officer of a unit of general
local government.
(3) Reduction
The Corporation may reduce by 50 percent
the matching funds required by paragraph (1)
for an eligible entity serving a community
(such as a rural low-income community) that
the eligible entity can demonstrate is significantly philanthropically underserved.
(j) Subgrants
(1) Subgrants authorized
An eligible entity receiving a grant under
subsection (d) is authorized to use the funds
made available through the grant to award, on
a competitive basis, subgrants to expand or
replicate proven initiatives, or support new
initiatives with a substantial likelihood of
success, to—

Page 7925

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(A) community organizations serving lowincome communities within the specific
local geographical area described in the eligible entity’s application in accordance with
subsection (g)(3)(A); or
(B) community organizations addressing a
specific issue area described in the eligible
entity’s application in accordance with subsection (g)(3)(B), in low-income communities
in the geographical areas described in the
application.
(2) Periods; amounts
The eligible entity shall make such subgrants for periods of not less than 3 and not
more than 5 years, and may renew the subgrants for such periods, in amounts of not less
than $100,000 per year.
(3) Applications
To be eligible to receive a subgrant from an
eligible entity under this section, including receiving a payment for that subgrant each
year, a community organization shall submit
an application to an eligible entity that serves
the specific local geographical area, or geographical areas, that the community organization proposes to serve, at such time, in such
manner, and containing such information as
the eligible entity may require, including—
(A) a description of the initiative the community organization carries out and plans to
replicate or expand, or of the new initiative
the community organization intends to support, using funds received from the eligible
entity, and how the initiative relates to the
issue areas in which the eligible entity has
committed to work in the eligible entity’s
application, in accordance with subsection
(g)(4)(A);
(B) data on the measurable outcomes the
community organization has improved, and
information on the measurable outcomes the
community organization seeks to improve
by replicating or expanding a proven initiative or supporting a new initiative, which
shall be among the measurable outcomes
that the eligible entity identified in the eligible entity’s application, in accordance
with subsection (g)(4)(C);
(C) an identification of the community in
which the community organization proposes
to carry out an initiative, which shall be
within a local geographical area described in
the eligible entity’s application in accordance with subparagraph (A) or (B) of subsection (g)(3), as applicable;
(D) a description of the evidence-based decisionmaking strategies the community organization uses to improve the measurable
outcomes, including—
(i) use of evidence produced by prior rigorous evaluations of program effectiveness
including, where available, well-implemented randomized controlled trials; or
(ii) a well-articulated plan to conduct, or
partner with a research organization to
conduct, rigorous evaluations to assess the
effectiveness of initiatives addressing national or local challenges;
(E) a description of how the community
organization uses data to analyze and improve its initiatives;

§ 12653k

(F) specific evidence of how the community organization will meet the requirements for providing matching funds specified in subsection (k);
(G) a description of how the community
organization will sustain the replicated or
expanded initiative after the conclusion of
the subgrant period; and
(H) any other information the eligible entity may require, including information necessary for the eligible entity to fulfill the requirements of subsection (g)(5).
(k) Matching funds for subgrants
(1) In general
An eligible entity may not make a subgrant
to a community organization under this section for an initiative described in subsection
(j)(3)(A) unless the organization agrees that,
with respect to the cost of carrying out that
initiative, the organization will make available, on an annual basis, matching funds in an
amount equal to not less than $1 for every $1
of funds provided under the subgrant. If the
community organization fails to make such
matching funds available for a fiscal year, the
eligible entity shall not make payments for
the remaining fiscal years of the subgrant period, notwithstanding any other provision of
this part.
(2) Types and sources
The community organization shall provide
the matching funds in cash. The community
organization shall provide the matching funds
from State, local, or private sources, which
may include funds from State or local agencies or private sector funding.
(l) Direct support
(1) Program authorized
The Corporation may use not more than 10
percent of the funds appropriated for this section to award grants to community organizations serving low-income communities or addressing a specific issue area in geographical
areas that have the highest need in that issue
area, to enable such community organizations
to replicate or expand proven initiatives or
support new initiatives.
(2) Terms and conditions
A grant awarded under this subsection shall
be subject to the same terms and conditions as
a subgrant awarded under subsection (j).
(3) Application; matching funds
Paragraphs (2) and (3) of subsection (j) and
subsection (k) shall apply to a community organization receiving or applying for a grant
under this subsection in the same manner as
such subsections apply to a community organization receiving or applying for a subgrant
under subsection (j), except that references to
a subgrant shall mean a grant and references
to an eligible entity shall mean the Corporation.
(m) Research and evaluation
(1) In general
The Corporation may reserve not more than
5 percent of the funds appropriated for this

§ 12653o

TITLE 42—THE PUBLIC HEALTH AND WELFARE

section for a fiscal year to support, directly or
through contract with an independent entity,
research and evaluation activities to evaluate
the eligible entities and community organizations receiving grants under subsections (d)
and (l) and the initiatives supported by the
grants.
(2) Research and evaluation activities
(A) Research and reports
(i) In general
The entity carrying out this subsection
shall collect data and conduct or support
research with respect to the eligible entities and community organizations receiving grants under subsections (d) and (l),
and the initiatives supported by such eligible entities and community organizations,
to determine the success of the program
carried out under this section in replicating, expanding, and supporting initiatives, including—
(I) the success of the initiatives in improving measurable outcomes; and
(II) the success of the program in increasing philanthropic investments in
philanthropically underserved communities.
(ii) Reports
The Corporation shall submit periodic
reports to the authorizing committees including—
(I) the data collected and the results of
the research under this subsection;
(II) information on lessons learned
about best practices from the activities
carried out under this section, to improve those activities; and
(III) a list of all eligible entities and
community
organizations
receiving
funds under this section.
(iii) Public information
The Corporation shall annually post the
list described in clause (ii)(III) on the Corporation’s website.
(B) Technical assistance
The Corporation shall, directly or through
contract, provide technical assistance to the
eligible entities and community organizations that receive grants under subsections
(d) and (l).
(C) Knowledge management
The Corporation shall, directly or through
contract, maintain a clearinghouse for information on best practices resulting from initiatives supported by the eligible entities
and community organizations.
(D) Reservation
Of the funds appropriated under section
12681(a)(4)(E) of this title for a fiscal year,
not more than 5 percent may be used to
carry out this subsection.
(Pub. L. 101–610, title I, § 198K, as added Pub. L.
111–13, title I, § 1807, Apr. 21, 2009, 123 Stat. 1564.)
PRIOR PROVISIONS
A prior section 12653k, Pub. L. 101–610, title I, § 195K,
as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct.

Page 7926

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.
Prior sections 12653l to 12653n were renumbered by
section 104(b) of Pub. L. 103–82 and transferred as follows:
Section 12653l, Pub. L. 101–610, title I, § 195L, as added
Pub. L. 102–484, div. A, title X, § 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, § 195M, as
added Pub. L. 102–484, div. A, title X, § 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, § 195N, as added
Pub. L. 102–484, div. A, title X, § 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, prior to repeal by Pub. L. 111–13, title I, § 1515, Apr. 21, 2009, 123
Stat. 1528.
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

PART IV—NATIONAL SERVICE PROGRAMS
CLEARINGHOUSES; VOLUNTEER GENERATION FUND
§ 12653o. National service programs clearinghouses
(a) In general
The Corporation shall provide assistance, by
grant, contract, or cooperative agreement, to
entities with expertise in the dissemination of
information through clearinghouses to establish
1 or more clearinghouses for information regarding the national service laws, which shall include information on service-learning and on
service through other programs receiving assistance under the national service laws.
(b) Function of clearinghouse
Such a clearinghouse may—
(1) assist entities carrying out State or local
service-learning and national service programs
with needs assessments and planning;
(2) conduct research and evaluations concerning service-learning or programs receiving
assistance under the national service laws, except that such clearinghouse may not conduct
such research and evaluations if the recipient
of the grant, contract, or cooperative agreement establishing the clearinghouse under
this section is receiving funds for such purpose
under part III of division B or under this division (not including this section);
(3)(A) provide leadership development and
training to State and local service-learning
program administrators, supervisors, service
sponsors, and participants; and
(B) provide training to persons who can provide the leadership development and training
described in subparagraph (A);
(4) facilitate communication among—
(A) entities carrying out service-learning
programs and programs offered under the
national service laws; and
(B) participants in such programs;

Page 7927

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(5) provide and disseminate information and
curriculum materials relating to planning and
operating service-learning programs and programs offered under the national service laws,
to States, territories, Indian tribes, and local
entities eligible to receive financial assistance
under the national service laws;
(6) provide and disseminate information regarding methods to make service-learning programs and programs offered under the national service laws accessible to individuals
with disabilities;
(7) disseminate applications in languages
other than English;
(8)(A) gather and disseminate information
on successful service-learning programs and
programs offered under the national service
laws, components of such successful programs,
innovative curricula related to service-learning, and service-learning projects; and
(B) coordinate the activities of the clearinghouse with appropriate entities to avoid duplication of effort;
(9) make recommendations to State and
local entities on quality controls to improve
the quality of service-learning programs and
programs offered under the national service
laws;
(10) assist organizations in recruiting,
screening, and placing a diverse population of
service-learning coordinators and program
sponsors;
(11) disseminate effective strategies for
working with disadvantaged youth in national
service programs, as determined by organizations with an established expertise in working
with such youth; and
(12) carry out such other activities as the
Chief Executive Officer determines to be appropriate.
(Pub. L. 101–610, title I, § 198O, as added Pub. L.
111–13, title I, § 1808, Apr. 21, 2009, 123 Stat. 1572.)
PRIOR PROVISIONS
A prior section 12653o, Pub. L. 101–610, title I, § 195O,
as added Pub. L. 102–484, div. A, title X, § 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 and subsequently renumbered section
165 of Pub. L. 101–610 by section 1516(1) of Pub. L. 111–13.
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12653p. Volunteer generation fund
(a) Grants authorized
Subject to the availability of appropriations
for this section, the Corporation may make
grants to State Commissions and nonprofit organizations for the purpose of assisting the
State Commissions and nonprofit organizations
to—
(1) develop and carry out volunteer programs
described in subsection (c); and
(2) make subgrants to support and create
new local community-based entities that recruit, manage, or support volunteers as described in such subsection.

§ 12653p

(b) Application
(1) In general
Each State Commission or nonprofit organization desiring a grant under this section shall
submit an application to the Corporation at
such time, in such manner, and accompanied
by such information as the Corporation may
reasonably require.
(2) Contents
Each application submitted pursuant to
paragraph (1) shall contain—
(A)(i) 1 a description of the program that
the applicant will provide;
(B) an assurance that the applicant will
annually collect information on—
(i) the number of volunteers recruited
for activities carried out under this section, using funds received under this section, and the type and amount of activities
carried out by such volunteers; and
(ii) the number of volunteers managed or
supported using funds received under this
section, and the type and amount of activities carried out by such volunteers;
(C) a description of the outcomes the applicant will use to annually measure and
track performance with regard to—
(i) activities carried out by volunteers;
and
(ii) volunteers recruited, managed, or
supported; and
(D) such additional assurances as the Corporation determines to be essential to ensure compliance with the requirements of
this section.
(c) Eligible volunteer programs
A State Commission or nonprofit organization
receiving a grant under this section shall use
the assistance—
(1) directly to carry out volunteer programs
or to develop and support community-based
entities that recruit, manage, or support volunteers, by carrying out activities consistent
with the goals of the subgrants described in
paragraph (2); or
(2) through subgrants to community-based
entities to carry out volunteer programs or
develop and support such entities that recruit,
manage, or support volunteers, through 1 or
more of the following types of subgrants:
(A) A subgrant to a community-based entity for activities that are consistent with the
priorities set by the State’s national service
plan as described in section 12638(e) of this
title, or by the Corporation.
(B) A subgrant to recruit, manage, or support volunteers to a community-based entity such as a volunteer coordinating agency,
a nonprofit resource center, a volunteer
training clearinghouse, an institution of
higher education, or a collaborative partnership of faith-based and community-based organizations.
(C) A subgrant to a community-based entity that provides technical assistance and
support to—
1 So

in original. No cl. (ii) has been enacted.

§ 12653s

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(i) strengthen the capacity of local volunteer infrastructure organizations;
(ii) address areas of national need (as defined in section 12653b(a) of this title); and
(iii) expand the number of volunteers nationally.
(d) Allocation of funds
(1) In general
Of the funds allocated by the Corporation for
provision of assistance under this section for a
fiscal year—
(A) the Corporation shall use 50 percent of
such funds to award grants, on a competitive
basis, to State Commissions and nonprofit
organizations for such fiscal year; and
(B) the Corporation shall use 50 percent of
such funds make 2 an allotment to the State
Commissions of each of the several States,
the District of Columbia, and the Commonwealth of Puerto Rico based on the formula
described in subsections (e) and (f) of section
12581 of this title, subject to paragraph (2).
(2) Minimum grant amount
In order to ensure that each State Commission is able to improve efforts to recruit, manage, or support volunteers, the Corporation
may determine a minimum grant amount for
allotments under paragraph (1)(B).
(e) Limitation on administrative costs
Not more than 5 percent of the amount of any
grant provided under this section for a fiscal
year may be used to pay for administrative
costs incurred by either the recipient of the
grant or any community-based entity receiving
assistance or a subgrant under such grant.
(f) Matching fund requirements
The Corporation share of the cost of carrying
out a program that receives assistance under
this section, whether the assistance is provided
directly or as a subgrant from the original recipient of the assistance, may not exceed—
(1) 80 percent of such cost for the first year
in which the recipient receives such assistance;
(2) 70 percent of such cost for the second
year in which the recipient receives such assistance;
(3) 60 percent of such cost for the third year
in which the recipient receives such assistance; and
(4) 50 percent of such cost for the fourth year
in which the recipient receives such assistance
and each year thereafter.
(Pub. L. 101–610, title I, § 198P, as added Pub. L.
111–13, title I, § 1808, Apr. 21, 2009, 123 Stat. 1573.)
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

PART V—NONPROFIT CAPACITY BUILDING
PROGRAM
§ 12653s. Nonprofit capacity building
(a) Definitions
In this section:
2 So

in original. Probably should be preceded by ‘‘to’’.

Page 7928

(1) Intermediary nonprofit grantee
The term ‘‘intermediary nonprofit grantee’’
means an intermediary nonprofit organization
that receives a grant under subsection (b).
(2) Intermediary nonprofit organization
The term ‘‘intermediary nonprofit organization’’ means an experienced and capable nonprofit entity with meaningful prior experience
in providing organizational development assistance, or capacity building assistance, focused on small and midsize nonprofit organizations.
(3) Nonprofit
The term ‘‘nonprofit’’, used with respect to
an entity or organization, means—
(A) an entity or organization described in
section 501(c)(3) of title 26 and exempt from
taxation under section 501(a) of such title;
and
(B) an entity or organization described in
paragraph (1) or (2) of section 170(c) of such
title.
(4) State
The term ‘‘State’’ means each of the several
States, and the District of Columbia.
(b) Grants
The Corporation shall establish a Nonprofit
Capacity Building Program to make grants to
intermediary nonprofit organizations to serve as
intermediary nonprofit grantees. The Corporation shall make the grants to enable the intermediary nonprofit grantees to pay for the Federal share of the cost of delivering organizational development assistance, including training on best practices, financial planning,
grantwriting, and compliance with the applicable tax laws, for small and midsize nonprofit organizations, especially those nonprofit organizations facing resource hardship challenges. Each
of the grantees shall match the grant funds by
providing a non-Federal share as described in
subsection (f).
(c) Amount
To the extent practicable, the Corporation
shall make such a grant to an intermediary nonprofit organization in each State, and shall
make such grant in an amount of not less than
$200,000.
(d) Application
To be eligible to receive a grant under this
section, an intermediary nonprofit organization
shall submit an application to the Corporation
at such time, in such manner, and containing
such information as the Corporation may require. The intermediary nonprofit organization
shall submit in the application information
demonstrating that the organization has secured
sufficient resources to meet the requirements of
subsection (f).
(e) Preference and considerations
(1) Preference
In making such grants, the Corporation
shall give preference to intermediary nonprofit organizations seeking to become intermediary nonprofit grantees in areas where
nonprofit organizations face significant resource hardship challenges.

Page 7929

§ 12655a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(2) Considerations
In determining whether to make a grant the
Corporation shall consider—
(A) the number of small and midsize nonprofit organizations that will be served by
the grant;
(B) the degree to which the activities proposed to be provided through the grant will
assist a wide number of nonprofit organizations within a State, relative to the proposed amount of the grant; and
(C) the quality of the organizational development assistance to be delivered by the
intermediary nonprofit grantee, including
the qualifications of its administrators and
representatives, and its record in providing
services to small and midsize nonprofit organizations.
(f) Federal share
(1) In general
The Federal share of the cost as referenced
in subsection (b) shall be 50 percent.
(2) Non-Federal share
(A) In general
The non-Federal share of the cost as referenced in subsection (b) shall be 50 percent
and shall be provided in cash.
(B) Third party contributions
(i) In general
Except as provided in clause (ii), an
intermediary nonprofit grantee shall provide the non-Federal share of the cost
through contributions from third parties.
The third parties may include charitable
grantmaking entities and grantmaking vehicles within existing organizations, entities of corporate philanthropy, corporations, individual donors, and regional,
State, or local government agencies, or
other non-Federal sources.
(ii) Exception
If the intermediary nonprofit grantee is
a private foundation (as defined in section
509(a) of title 26), a donor advised fund (as
defined in section 4966(d)(2) of such title),
an organization which is described in section 4966(d)(4)(A)(i) of such title, or an organization which is described in section
4966(d)(4)(B) of such title, the grantee shall
provide the non-Federal share from within
that grantee’s own funds.
(iii) Maintenance of effort, prior year thirdparty funding levels
For purposes of maintaining private sector support levels for the activities specified by this program, a non-Federal share
that includes donations by third parties
shall be composed in a way that does not
decrease prior levels of funding from the
same third parties granted to the nonprofit intermediary grantee in the preceding year.
(g) Reservation
Of the amount authorized to provide financial
assistance under this division, there shall be
made available to carry out this section

$5,000,000 for each of fiscal years 2010 through
2014.
(Pub. L. 101–610, title I, § 198S, as added Pub. L.
111–13, title I, § 1809, Apr. 21, 2009, 123 Stat. 1575.)
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

Division I—American Conservation and Youth
Service Corps
CODIFICATION
Subtitle I of title I of Pub. L. 101–610, comprising this
division, was formerly classified to part C (§ 12541 et
seq.) of this subchapter prior to the general amendment
by Pub. L. 103–82, § 101(a).

§ 12655. General authority
The Corporation may make grants to States
or local applicants and may transfer funds to
the Secretary of Agriculture or to the Secretary
of the Interior for the creation or expansion of
full-time, part-time, year-round, or summer,
youth corps programs 1 To the extent practicable, the Corporation shall apply the provisions of division C in making grants under this
section.
(Pub. L. 101–610, title I, § 199A, formerly § 121,
Nov. 16, 1990, 104 Stat. 3140; Pub. L. 102–384, § 5,
Oct. 5, 1992, 106 Stat. 1455; renumbered § 199A and
amended Pub. L. 103–82, title I, § 101(a), (e)(1), (2),
Sept. 21, 1993, 107 Stat. 788, 815.)
CODIFICATION
Section was formerly classified to section 12541 of
this title prior to renumbering by Pub. L. 103–82,
§ 101(a).
AMENDMENTS
1993—Pub. L. 103–82, § 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 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 fulltime 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.
SHORT TITLE
For short title of subtitle I of title I of Pub. L. 101–610
which enacted this division, as the American Conservation and Youth Service Corps Act of 1990, see section
199 of Pub. L. 101–610, set out as a note under section
12501 of this title.

§ 12655a. Limitation
equipment

on

purchase

of

capital

Not to exceed 10 percent of the amount of assistance made available to a program agency
1 So

in original. Probably should be followed by a period.

§ 12655b

TITLE 42—THE PUBLIC HEALTH AND WELFARE

under this division shall be used for the purchase of major capital equipment.
(Pub. L. 101–610, title I, § 199B, formerly § 122,
Nov. 16, 1990, 104 Stat. 3140; Pub. L. 102–10, § 5(2),
Mar. 12, 1991, 105 Stat. 30; renumbered § 199B and
amended Pub. L. 103–82, title I, § 101(a), (e)(3),
Sept. 21, 1993, 107 Stat. 788, 815.)
CODIFICATION
Section was formerly classified to section 12542 of
this title prior to renumbering by Pub. L. 103–82,
§ 101(a).
AMENDMENTS
1993—Pub. L. 103–82, § 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.

§ 12655b. State application
(a) Submission
To be eligible to receive a grant under this division, a State or Indian tribe (or a local applicant if 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)
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.
(Pub. L. 101–610, title I, § 199C, formerly § 123,
Nov. 16, 1990, 104 Stat. 3141; Pub. L. 102–10, § 5(3),
Mar. 12, 1991, 105 Stat. 30; renumbered § 199C and
amended Pub. L. 103–82, title I, § 101(a), (e)(1), (4),
Sept. 21, 1993, 107 Stat. 788, 815.)
CODIFICATION
Section was formerly classified to section 12543 of
this title prior to renumbering by Pub. L. 103–82,
§ 101(a).
AMENDMENTS
1993—Subsec. (a). Pub. L. 103–82, § 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, § 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.

Page 7930

§ 12655c. Focus of programs
(a) In general
Programs that receive assistance under this
division may carry out activities that—
(1) in the case of conservation corps programs, focus on—
(A) conservation, rehabilitation, and the
improvement of wildlife habitat, rangelands,
parks, and recreational areas;
(B) urban and rural revitalization, historical and cultural site preservation, and reforestation of both urban and rural areas;
(C) fish culture, wildlife habitat maintenance and improvement, and other fishery
assistance;
(D) road and trail maintenance and improvement;
(E) erosion, flood, drought, and storm damage assistance and controls;
(F) stream, lake, waterfront harbor, and
port improvement;
(G) wetlands protection and pollution control;
(H) insect, disease, rodent, and fire prevention and control;
(I) the improvement of abandoned railroad
beds and rights-of-way;
(J) energy conservation projects, renewable resource enhancement, and recovery of
biomass;
(K) reclamation and improvement of stripmined 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
1 So

in original. The comma probably should not appear.

Page 7931

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.
(Pub. L. 101–610, title I, § 199D, formerly § 124,
Nov. 16, 1990, 104 Stat. 3143; Pub. L. 102–10, § 5(4),
Mar. 12, 1991, 105 Stat. 30; renumbered § 199D and
amended Pub. L. 103–82, title I, § 101(a), (e)(1), (5),
Sept. 21, 1993, 107 Stat. 788, 815, 816.)
CODIFICATION
Section was formerly classified to section 12544 of
this title prior to renumbering by Pub. L. 103–82,
§ 101(a).
AMENDMENTS
1993—Subsec. (a)(2)(F). Pub. L. 103–82, § 101(e)(1), substituted ‘‘Corporation’’ for ‘‘Commission’’.
Subsecs. (b), (c). Pub. L. 103–82, § 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, § 5(4)(A), substituted ‘‘youth service’’ for ‘‘human services’’ in introductory provisions.
Subsec. (c). Pub. L. 102–10, § 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’’.

dian 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.
(Pub. L. 101–610, title I, § 199F, formerly § 126,
Nov. 16, 1990, 104 Stat. 3144; renumbered § 199F
and amended Pub. L. 103–82, title I, § 101(a),
(e)(1), (6), Sept. 21, 1993, 107 Stat. 788, 815, 816.)
REFERENCES IN TEXT
This part, referred to in subsec. (d), is unidentifiable
in the original because subtitle I (§§ 199 to 199O) of title
I of Pub. L. 101–610 does not contain parts.
CODIFICATION
Section was formerly classified to section 12546 of
this title prior to renumbering by Pub. L. 103–82,
§ 101(a).
AMENDMENTS

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.

§ 12655d. Related programs
An activity administered under the authority
of the Secretary of Health and Human Services,
that is operated for the same purpose as a program eligible to be carried out under this division, is encouraged to use services available
under this division.
(Pub. L. 101–610, title I, § 199E, formerly § 125,
Nov. 16, 1990, 104 Stat. 3144; renumbered § 199E,
Pub. L. 103–82, title I, § 101(a), Sept. 21, 1993, 107
Stat. 788.)
CODIFICATION
Section was formerly classified to section 12545 of
this title prior to renumbering by Pub. L. 103–82,
§ 101(a).

§ 12655e. Public lands or Indian lands
(a) Limitation
To be eligible to receive assistance through a
grant provided under this division, a program
shall carry out activities on public lands or Indian lands, or result in a public benefit.
(b) Review of applications
In reviewing applications submitted under section 12655b of this title that propose programs or
projects to be carried out on public lands or In-

§ 12655f

1993—Subsec. (b). Pub. L. 103–82, § 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.

§ 12655f. Training and education services
(a) Assessment of skills
Each program agency shall assess the educational level of participants at the time of
their entrance into the program, using any
available records or simplified assessment
means or methodology and shall, where appropriate, refer such participants for testing for
specific learning disabilities.
(b) Enhancement of skills
Each program agency shall, through the programs and activities administered under this division, enhance the educational skills of participants.
(c) Provision of pre-service and in-service training and education
(1) Requirement
Each program agency shall use not less than
10 percent of the assistance made available to
such agency under this division in each fiscal
1 See

References in Text note below.

§ 12655g

TITLE 42—THE PUBLIC HEALTH AND WELFARE

year to provide pre-service and in-service
training and educational materials and services for participants in such a program. Program participants shall be provided with information concerning the benefits to the community that result from the activities undertaken by such participants.
(2) Agreements for academic study
A program agency may enter into arrangements with academic institutions or education
providers, including—
(A) local education agencies;
(B) community colleges;
(C) 4-year colleges;
(D) area vocational-technical schools; and
(E) community based organizations;
to evaluate the basic skills of participants and
to make academic study available to participants to enable such participants to upgrade
literacy skills, to obtain high school diplomas
or the equivalent of such diplomas, to obtain
college degrees, or to enhance employable
skills.
(3) Counseling
Career and educational guidance and counseling shall be provided to a participant during a period of in-service training as described
in this subsection. Each graduating participant shall be provided with counseling with
respect to additional study, job skills training
or employment and shall be provided job
placement assistance where appropriate.
(4) Priority for participants without high
school diplomas
A program agency shall give priority to participants who have not obtained a high school
diploma or the equivalent of such diploma, in
providing services under this subsection.
(d) Standards and procedures
(1) Consistency with State and local requirements
Appropriate State and local officials shall
certify that standards and procedures with respect to the awarding of academic credit and
the certification of educational attainment in
programs conducted under subsection (c) are
consistent with the requirements of applicable
State and local law and regulations.
(2) Academic standards
The standards and procedures described in
paragraph (1) shall provide that an individual
serving in a program that receives assistance
under this division—
(A) who is not a high school graduate, participate in an educational curriculum so
that such individual can earn a high school
diploma or the equivalent of such diploma;
and
(B) may arrange to receive academic credit
in recognition of the education and skills obtained from service satisfactorily completed.
(Pub. L. 101–610, title I, § 199G, formerly § 127,
Nov. 16, 1990, 104 Stat. 3145; renumbered § 199G,
Pub. L. 103–82, title I, § 101(a), Sept. 21, 1993, 107
Stat. 788.)

Page 7932

CODIFICATION
Section was formerly classified to section 12547 of
this title prior to renumbering by Pub. L. 103–82,
§ 101(a).

§ 12655g. Repealed. Pub. L. 103–82, title
§ 101(e)(8)(A), Sept. 21, 1993, 107 Stat. 816

I,

Section, Pub. L. 101–610, title I, § 199H, formerly § 128,
Nov. 16, 1990, 104 Stat. 3146; Pub. L. 102–10, § 5(5), Mar. 12,
1991, 105 Stat. 30; renumbered § 199H, Pub. L. 103–82, title
I, § 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.

§ 12655h. Preference for certain projects
(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.
(Pub. L. 101–610, title I, § 199H, formerly § 129,
Nov. 16, 1990, 104 Stat. 3146; renumbered § 199I, renumbered § 199H, and amended Pub. L. 103–82,
title I, § 101(a), (e)(1), (7), (8)(B), Sept. 21, 1993, 107
Stat. 788, 815, 816.)
CODIFICATION
Section was formerly classified to section 12549 of
this title prior to renumbering by Pub. L. 103–82,
§ 101(a).
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, § 101(e)(8)(A).
AMENDMENTS
1993—Subsec. (a). Pub. L. 103–82, § 101(e)(1), (7), in introductory provisions, substituted ‘‘Corporation’’ for
‘‘Commission’’ and ‘‘section 12655b’’ for ‘‘section 12543’’.
Subsec. (b). Pub. L. 103–82, § 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.

§ 12655i. Age and citizenship criteria for enrollment
(a) Age and citizenship
Enrollment in programs that receive assistance under this division shall be limited to individuals who, at the time of enrollment, are—

Page 7933

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(1) not less than 16 years nor more than 25
years of age, except that summer programs
may include individuals not less than 14 years
nor more than 21 years of age at the time of
the enrollment of such individuals; and
(2) citizens or nationals of the United States
or lawful permanent resident aliens of the
United States.
(b) Participation of disadvantaged youth
Programs that receive assistance under this
division shall ensure that educationally and economically disadvantaged youth, including youth
in foster care who are becoming too old for foster care, youth with disabilities, youth with
limited English proficiency, youth with limited
basic skills or learning disabilities and homeless
youth, are offered opportunities to enroll.
(c) Special corps members
Notwithstanding subsection (a)(1), program
agencies may enroll a limited number of special
corps members over age 25 so that the corps may
draw on their special skills to fulfill the purposes of this chapter. Programs are encouraged
to consider senior citizens as special corps members.
(d) Joint projects with senior citizens organizations
Program agencies shall use not more than 2
percent of amounts received under this division
to conduct joint projects with senior citizens organizations to enable senior citizens to serve as
mentors for youth participants.
(e) Construction
Nothing in subsection (a) shall be construed to
prohibit any program agency from limiting enrollment to any age subgroup within the range
specified in subsection (a)(1).
(Pub. L. 101–610, title I, § 199I, formerly § 130,
Nov. 16, 1990, 104 Stat. 3146; Pub. L. 102–384, § 6,
Oct. 5, 1992, 106 Stat. 1456; renumbered § 199J, renumbered § 199I, Pub. L. 103–82, title I, § 101(a),
(e)(8)(B), Sept. 21, 1993, 107 Stat. 788, 816.)
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.
CODIFICATION
Section was formerly classified to section 12550 of
this title prior to renumbering by Pub. L. 103–82,
§ 101(a).
AMENDMENTS
1992—Subsec. (a)(1). Pub. L. 102–384 substituted ‘‘14’’
for ‘‘15’’.

§ 12655j. Use of volunteers
Program agencies may use volunteer services
for purposes of assisting projects carried out
under this division and may expend funds made
available for those purposes to the agency, including funds made available under this division, to provide for services or costs incidental
to the utilization of such volunteers, including

§ 12655l

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.
(Pub. L. 101–610, title I, § 199J, formerly § 131,
Nov. 16, 1990, 104 Stat. 3147; renumbered § 199K,
renumbered § 199J, Pub. L. 103–82, title I, § 101(a),
(e)(8)(B), Sept. 21, 1993, 107 Stat. 788, 816.)
CODIFICATION
Section was formerly classified to section 12551 of
this title prior to renumbering by Pub. L. 103–82,
§ 101(a).

§ 12655k. Repealed. Pub. L. 103–82, title
§ 101(e)(8)(A), Sept. 21, 1993, 107 Stat. 816

I,

Section, Pub. L. 101–610, title I, § 199L, formerly § 132,
Nov. 16, 1990, 104 Stat. 3147; renumbered § 199L, Pub. L.
103–82, title I, § 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.

§ 12655l. Living allowance
(a) Full-time service
(1) Living allowance required
Subject to paragraph (3), each participant in
a full-time youth corps program that receives
assistance under this division shall receive a
living allowance in an amount equal to or
greater than the average annual subsistence
allowance provided to VISTA volunteers under
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.

§ 12655m

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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), program agencies are encouraged to provide health insurance to each
participant in a full-time youth corps program
who does not otherwise have access to health insurance.
(d) Facilities, services, and supplies
(1) In general
The program agency may deduct, from
amounts provided under subsection (a) to a
participant, a reasonable portion of the costs
of the rates for any room and board that is
provided for such participant at a residential
facility. Such deducted funds shall be deposited into rollover accounts that shall be used
solely to defray the costs of room and board
for participants.
(2) Evaluation
The program agency shall establish the
amount of the deductions and rates under
paragraph (1) after evaluating the costs of providing such room and board to the participant.
(3) Duties of program agency
A program agency may provide facilities,
quarters, and board and shall provide limited
and emergency medical care, transportation
from administrative facilities to work sites,
accommodations for individuals with disabilities, and other appropriate services, supplies,
and equipment to each participant.
(4) Other Federal agencies
(A) In general
The Corporation may provide services, facilities, supplies, and equipment, including
any surplus food and equipment available
from other Federal programs, to any program agency carrying out projects under
this division.
(B) Secretary of Defense
Whenever possible, the Corporation shall
make arrangements with the Secretary of
Defense to have logistical support provided
by a military installation near the work

Page 7934

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.
(Pub. L. 101–610, title I, § 199K, formerly § 133,
Nov. 16, 1990, 104 Stat. 3147; Pub. L. 102–10, § 5(6),
Mar. 12, 1991, 105 Stat. 30; renumbered § 199M, renumbered § 199K, and amended Pub. L. 103–82,
title I, § 101(a), (d), (e)(1), (8)(B), Sept. 21, 1993, 107
Stat. 788, 814–816.)
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
(§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29
and Tables.
CODIFICATION
Section was formerly classified to section 12553 of
this title prior to renumbering by Pub. L. 103–82,
§ 101(a).
AMENDMENTS
1993—Subsec. (a). Pub. L. 103–82, § 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, § 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.

§ 12655m. Joint programs
(a) Development
The Corporation may develop, in cooperation
with the heads of other Federal agencies, regulations designed to permit, where appropriate,
joint programs in which activities supported
with assistance made available under this division are coordinated with activities supported
with assistance made available under programs
administered by the heads of such agencies (including title I of the Workforce Innovation and
Opportunity Act [29 U.S.C. 3111 et seq.]).
(b) Standards
Regulations promulgated under subsection (a)
shall establish standards for the approval of
joint programs that meet both the purposes of
this subchapter and the purposes of such statutes under which assistance is made available to
support such projects.

Page 7935

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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.
(Pub. L. 101–610, title I, § 199L, formerly § 134,
Nov. 16, 1990, 104 Stat. 3148; renumbered § 199N,
renumbered § 199L, and amended Pub. L. 103–82,
title I, § 101(a), (e)(1), (8)(B), Sept. 21, 1993, 107
Stat. 788, 815, 816; Pub. L. 105–277, div. A, § 101(f)
[title VIII, § 405(d)(42)(C), (f)(33)(B)], Oct. 21, 1998,
112 Stat. 2681–337, 2681–428, 2681–434; Pub. L.
113–128, title V, § 512(u)(2), July 22, 2014, 128 Stat.
1712.)
REFERENCES IN TEXT
The Workforce Innovation and Opportunity Act, referred to in subsec. (a), is Pub. L. 113–128, July 22, 2014,
128 Stat. 1425. Title I of the Act is classified generally
to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29,
Labor. For complete classification of this Act to the
Code, see Short Title note set out under section 3101 of
Title 29 and Tables.
CODIFICATION
Section was formerly classified to section 12554 of
this title prior to renumbering by Pub. L. 103–82,
§ 101(a).
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, § 101(e)(8)(A).
AMENDMENTS
2014—Subsec. (a). Pub. L. 113–128 substituted ‘‘coordinated with activities supported with assistance made
available under programs administered by the heads of
such agencies (including title I of the Workforce Innovation and Opportunity Act)’’ for ‘‘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)’’.
1998—Subsec. (a). Pub. L. 105–277, § 101(f) [title VIII,
§ 405(f)(33)(B)], struck out ‘‘the Job Training Partnership Act and’’ after ‘‘(including’’.
Pub. L. 105–277, § 101(f) [title VIII, § 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, § 101(e)(1), substituted ‘‘Corporation’’ for ‘‘Commission’’.
EFFECTIVE DATE OF 2014 AMENDMENT
Amendment by Pub. L. 113–128 effective on the first
day of the first full program year after July 22, 2014
(July 1, 2015), see section 506 of Pub. L. 113–128, set out
as an Effective Date note under section 3101 of Title 29,
Labor.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment
by
section
101(f)
[title
VIII,
§ 405(d)(42)(C)] of Pub. L. 105–277 effective Oct. 21, 1998,
and amendment by section 101(f) [title VIII,
§ 405(f)(33)(B)] of Pub. L. 105–277 effective July 1, 2000,
see section 101(f) [title VIII, § 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.

§ 12655n

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.

§ 12655n. Federal and State employee status
(a) In general
Participants and crew leaders shall be responsible to, or be the responsibility of, the program
agency administering the program on which
such participants, crew leaders, and volunteers
work.
(b) Non-Federal employees
(1) In general
Except as otherwise provided in this subsection, a participant or crew leader in a program that receives assistance under this division shall not be considered a Federal employee and shall not be subject to the provisions of law relating to Federal employment.
(2) Work-related injury
For purposes of subchapter I of 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. As1 So

in original. Probably should be ‘‘provisions’’.

§ 12656

TITLE 42—THE PUBLIC HEALTH AND WELFARE

sistance 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.
(Pub. L. 101–610, title I, § 199M, formerly § 135,
Nov. 16, 1990, 104 Stat. 3149; renumbered § 199O,
renumbered § 199M, Pub. L. 103–82, title I, § 101(a),
(e)(8)(B), Sept. 21, 1993, 107 Stat. 788, 816, as
amended Pub. L. 103–304, § 3(b)(1), Aug. 23, 1994,
108 Stat. 1567.)
CODIFICATION
Section was formerly classified to section 12555 of
this title prior to renumbering by Pub. L. 103–82,
§ 101(a).
AMENDMENTS
1994—Pub. L. 103–304 amended directory language of
Pub. L. 103–82, § 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.
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.

Division J—Miscellaneous
§ 12656. Urban Youth Corps
(a) Findings
The Congress finds the following:
(1) The rehabilitation, reclamation, and
beautification of urban public housing, recreational sites, youth and senior centers, and
public roads and public works facilities
through the efforts of young people in the
United States in an Urban Youth Corps can
benefit these youths, while also benefiting
their communities, by—
(A) providing them with education and
work opportunities;
(B) furthering their understanding and appreciation of the challenges faced by individuals residing in urban communities; and
(C) providing them with a means to pay for
higher education or to repay indebtedness
they have incurred to obtain higher education.
(2) A significant number of housing units for
low-income individuals in urban areas has become substandard and unsafe and the deterioration of urban roadways, mass transit systems, and transportation facilities in the
United States have contributed to the blight
encountered in many cities in the United
States.
(3) As a result, urban housing, public works,
and transportation resources are in need of
labor intensive rehabilitation, reclamation,
and beautification work that has been neglected in the past and cannot be adequately
carried out by Federal, State, and local government at existing personnel levels.

Page 7936

(4) Urban youth corps have established a
good record of rehabilitating, reclaiming, and
beautifying these kinds of resources in a costefficient manner, especially when they have
worked in partnership with government housing, public works, and transportation authorities and agencies.
(b) Purpose
It is the purpose of this section—
(1) to perform, in a cost-effective manner,
appropriate service projects to rehabilitate,
reclaim, beautify, and improve public housing
and public works and transportation facilities
and resources in urban areas suffering from
high rates of poverty where work will not be
performed by existing employees;
(2) to assist government housing, public
works, and transportation authorities and
agencies;
(3) to expose young people in the United
States to public service while furthering their
understanding and appreciation of their community;
(4) to expand educational opportunity for individuals who participate in the Urban Youth
Corps established by this section by providing
them with an increased ability to pursue postsecondary education or job training; and
(5) to stimulate interest among young people
in the United States in lifelong service to
their communities and the United States.
(c) Definitions
For purposes of this section:
(1) Appropriate service project
The term ‘‘appropriate service project’’
means any project for the rehabilitation, reclamation, or beautification of urban public
housing and public works and transportation
resources or facilities.
(2) Corps and Urban Youth Corps
The term ‘‘Corps’’ and ‘‘Urban Youth Corps’’
mean the Urban Youth Corps established
under subsection (d)(1).
(3) Qualified urban youth corps
The term ‘‘qualified urban youth corps’’
means any program established by a State or
local government or by a nonprofit organization that—
(A) is capable of offering meaningful, fulltime, 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

Page 7937

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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

§ 12656

and policies relating to the management and
administration of such projects, facilities, or
resources, with all other applicable provisions
of law, and with all management, operational,
and other plans and documents which govern
the administration of such projects, facilities,
or resources.
(e) Living allowances
The Secretaries shall provide each participant
in the Urban Youth Corps with a living allowance in an amount not to exceed the maximum
living allowance authorized by section 140(a)(3) 1
of the National and Community Service Act of
1990 for participants in a national service program assisted under subtitle C of title I of such
Act [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
1 See

References in Text note below.

§ 12657

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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)].
(Pub. L. 103–82, title I, § 106, Sept. 21, 1993, 107
Stat. 854.)
REFERENCES IN TEXT
Section 140(a)(3) of the National and Community
Service Act of 1990, referred to in subsec. (e), was redesignated section 140(a)(2) of the Act by Pub. L. 111–13,
title I, § 1315(1)(C), Apr. 21, 2009, 123 Stat. 1511, and is
classified to section 12594(a)(2) of this title.
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. Subtitles C and D of title
I of the Act are classified generally to divisions C
(§ 12571 et seq.) and D (§ 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.
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.
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.

Division K—Training and Technical Assistance
§ 12657. Training and technical assistance
(a) In general
The Corporation shall, directly or through
grants, contracts, or cooperative agreements
(including through State Commissions), conduct
appropriate training for and provide technical
assistance to—
(1) programs receiving assistance under the
national service laws; and
(2) entities (particularly entities in rural
areas and underserved communities) that desire to—
(A) carry out or establish national service
programs; or
(B) apply for assistance (including subgrants) under the national service laws.

Page 7938

(b) Activities included
Such training and technical assistance activities may include—
(1) providing technical assistance to entities
applying to carry out national service programs or entities carrying out national service programs;
(2) promoting leadership development in national service programs;
(3) improving the instructional and programmatic quality of national service programs;
(4) developing the management and budgetary skills of individuals operating or overseeing national service programs, including
developing skills to increase the cost effectiveness of the programs under the national
service laws;
(5) providing for or improving the training
provided to the participants in programs
under the national service laws;
(6) facilitating the education of individuals
participating in national service programs in
risk management procedures, including the
training of participants in appropriate risk
management practices;
(7) training individuals operating or overseeing national service programs—
(A) in volunteer recruitment, management, and retention to improve the abilities
of such individuals to use participants and
other volunteers in an effective manner,
which training results in high-quality service and the desire of participants and volunteers to continue to serve in other capacities
after the program is completed;
(B) in program evaluation and performance measures to inform practices to augment the capacity and sustainability of the
national service programs; or
(C) to effectively accommodate individuals
with disabilities to increase the participation of individuals with disabilities in national service programs, which training may
utilize funding from the reservation of funds
under section 12581(k) of this title to increase the participation of individuals with
disabilities;
(8) establishing networks and collaboration
among employers, educators, and other key
stakeholders in the community to further leverage resources to increase local participation in national service programs, and to coordinate community-wide planning and service with respect to national service programs;
(9) providing training and technical assistance for the National Senior Service Corps, including providing such training and technical
assistance to programs receiving assistance
under section 5001 of this title; and
(10) carrying out such other activities as the
Chief Executive Officer determines to be appropriate.
(c) Priority
In carrying out this section, the Corporation
shall give priority to programs under the national service laws and entities eligible to establish such programs that seek training or technical assistance and that—
(1) seek to carry out high-quality programs
where the services are needed most;

Page 7939

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(2) seek to carry out high-quality programs
where national service programs do not exist
or where the programs are too limited to meet
community needs;
(3) seek to carry out high-quality programs
that focus on and provide service opportunities for underserved rural and urban areas and
populations; and
(4) seek to assist programs in developing a
service component that combines students,
out-of-school youths, and older adults as participants to provide needed community services.
(Pub. L. 101–610, title I, § 199N, as added Pub. L.
111–13, title I, § 1821, Apr. 21, 2009, 123 Stat. 1577.)
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

SUBCHAPTER II—POINTS OF LIGHT
FOUNDATION
§§ 12661 to 12664. Repealed. Pub. L. 111–13, title
I, § 1831(a), Apr. 21, 2009, 123 Stat. 1578
Section 12661, Pub. L. 101–610, title III, § 302, Nov. 16,
1990, 104 Stat. 3180, related to findings and purpose of
the Points of Light Foundation.
Section 12662, Pub. L. 101–610, title III, § 303, Nov. 16,
1990, 104 Stat. 3181; Pub. L. 103–82, title IV, § 402(b)(4),
Sept. 21, 1993, 107 Stat. 919, granted Presidential authority to designate for funding a private, nonprofit organization known as the Points of Light Foundation.
Section 12663, Pub. L. 101–610, title III, § 304, Nov. 16,
1990, 104 Stat. 3181, related to grants to the Foundation.
Section 12664, Pub. L. 101–610, title III, § 305, Nov. 16,
1990, 104 Stat. 3181, related to eligibility of the Foundation for grants.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

SUBCHAPTER III—PROJECTS HONORING
VICTIMS OF TERRORIST ATTACKS
§ 12671. Projects
(a) Definition
In this section, the term ‘‘administrative organization’’ means a 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 administrative organization, 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 administrative organization determines to be such a victim, the
name of the victim and the State in which
the victim resided.

§ 12671

(2) Identified projects
The administrative organization may identify approximately the estimated number of
community-based national and community
service projects that meet the requirements of
subsection (d). The administrative organization may name projects in honor of victims
described in subsection (b)(1)(A), 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 administrative organization 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 administrative organization.
(e) Website and database
The administrative organization shall create
and maintain websites and databases, to describe projects named under this section and
serve as appropriate vehicles for recognizing the
projects.
(Pub. L. 101–610, title IV, § 401, as added Pub. L.
107–117, div. B, § 1301(b), Jan. 10, 2002, 115 Stat.
2339; amended Pub. L. 111–13, title I, § 1831(b),
Apr. 21, 2009, 123 Stat. 1578.)
PRIOR PROVISIONS
A prior section 12671, Pub. L. 101–610, title IV, § 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,
§ 1(a)(1), Oct. 1, 1996, 110 Stat. 3011.
A prior section 12672, Pub. L. 101–610, title IV, § 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, § 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, § 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,
§ 1(a)(1), Oct. 1, 1996, 110 Stat. 3011.
AMENDMENTS
2009—Subsec. (a). Pub. L. 111–13, § 1831(b)(1), substituted ‘‘term ‘administrative organization’ means a
nonprofit private organization that enters into an
agreement with the Corporation to carry out this section.’’ for ‘‘term ‘Foundation’ means the Points of
Light Foundation funded under section 301, or another
nonprofit private organization, that enters into an
agreement with the Corporation to carry out this section.’’
Subsecs. (b), (d), (e). Pub. L. 111–13, § 1831(b)(2), substituted ‘‘administrative organization’’ for ‘‘Foundation’’ wherever appearing.

§ 12681

TITLE 42—THE PUBLIC HEALTH AND WELFARE
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.

SUBCHAPTER IV—AUTHORIZATION OF
APPROPRIATIONS
§ 12681. Authorization of appropriations
(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—
(i) $97,000,000 for fiscal year 2010; and
(ii) such sums as may be necessary for
each of fiscal years 2011 through 2014.
(B) Part IV reservation
Of the amount appropriated under subparagraph (A) for a fiscal year, the Corporation may reserve such sums as may be necessary to carry out part IV of division B of
subchapter I.
(C) Section 12561a
Of the amount appropriated under subparagraph (A) and not reserved under subparagraph (B) for a fiscal year, not more
than $7,000,000 shall be made available for
awards to Campuses of Service under section
12561a of this title.
(D) Section 12563(c)(8)
Of the amount appropriated under subparagraph (A) and not reserved under subparagraph (B) for a fiscal year, not more
than $10,000,000 shall be made available for
summer of service program grants under section 12563(c)(8) of this title, and not more
than $10,000,000 shall be deposited in the National Service Trust to support summer of
service educational awards, consistent with
section 12563(c)(8) of this title.
(E) Section 12563(c)(9)
Of the amount appropriated under subparagraph (A) and not reserved under subparagraph (B) for a fiscal year, not more
than $20,000,000 shall be made available for
youth engagement zone programs under section 12563(c)(9) of this title.
(F) General programs
Of the amount remaining after the application of subparagraphs (A) through (E) for
a fiscal year—
(i) not more than 60 percent shall be
available to provide financial assistance
under part I of division B of subchapter I;
(ii) not more than 25 percent shall be
available to provide financial assistance
under part II of such division; and
(iii) not less than 15 percent shall be
available to provide financial assistance
under part III of such division.
(2) Divisions C and D
There are authorized to be appropriated, for
each of fiscal years 2010 through 2014, such
sums as may be necessary to provide financial

Page 7940

assistance under division C of subchapter I and
to provide national service educational awards
under division D of subchapter I for the number of participants described in section
12571(f)(1) of this title for each such fiscal
year.
(3) Division E
(A) In general
There are authorized to be appropriated to
operate the National Civilian Community
Corps and provide financial assistance under
division E of subchapter I, such sums as may
be necessary for each of fiscal years 2010
through 2014.
(B) Priority
Notwithstanding any other provision of
this chapter, in obligating the amounts
made available pursuant to the authorization of appropriations in this paragraph, priority shall be given to programs carrying
out activities in areas for which the President has declared the existence of a major
disaster, in accordance with section 5170 of
this title, including a major disaster as a
consequence of Hurricane Katrina or Rita.
(4) Division H
(A) Authorization
There are authorized to be appropriated
such sums as may be necessary for each of
fiscal years 2010 through 2014 to provide financial assistance under division H of subchapter I.
(B) Section 12653b
Of the amount authorized under subparagraph (A) for a fiscal year, such sums as may
be necessary shall be made available to provide financial assistance under section
12653b of this title and to provide national
service educational awards under division D
of subchapter I to the number of participants in national service positions established or increased as provided in section
12653b(b)(3) of this title for such year.
(C) Section 12653c
Of the amount authorized under subparagraph (A) for a fiscal year, $12,000,000 shall be
made available to provide financial assistance under section 12653c of this title.
(D) Section 12653h
Of the amount authorized under subparagraph (A) for a fiscal year, such sums as may
be necessary shall be made available to provide financial assistance under section
12653h of this title.
(E) Section 12653k
Of the amount authorized under subparagraph (A), there shall be made available to
carry out section 12653k of this title—
(i) $50,000,000 for fiscal year 2010;
(ii) $60,000,000 for fiscal year 2011;
(iii) $70,000,000 for fiscal year 2012;
(iv) $80,000,000 for fiscal year 2013; and
(v) $100,000,000 for fiscal year 2014.
(F) Section 12653p
Of the amount authorized under subparagraph (A), there shall be made available to
carry out section 12653p of this title—

Page 7941

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(i) $50,000,000 for fiscal year 2010;
(ii) $60,000,000 for fiscal year 2011;
(iii) $70,000,000 for fiscal year 2012;
(iv) $80,000,000 for fiscal year 2013; and
(v) $100,000,000 for fiscal year 2014.
(5) Administration
(A) In general
There are authorized to be appropriated
for the administration of this chapter, including financial assistance under section
12576(a) of this title, such sums as may be
necessary for each of fiscal years 2010
through 2014.
(B) Corporation
Of the amounts appropriated under subparagraph (A) for a fiscal year, a portion
shall be made available to provide financial
assistance under section 12576(a) of this title.
(6) Evaluation, training, and technical assistance
Notwithstanding paragraphs (1), (2), and (4)
and any other provision of law, of the amounts
appropriated for a fiscal year under divisions
B, C, and H of subchapter I of this chapter and
under titles I and II of the Domestic Volunteer
Service Act of 1973 [42 U.S.C. 4951 et seq., 5000
et seq.], the Corporation shall reserve not
more than 2.5 percent to carry out sections
12523(e) and 12639a of this title and division K
of subchapter I,1 of which $1,000,000 shall be
used by the Corporation to carry out section
12639a of this title. Notwithstanding subsection (b), amounts so reserved shall be available only for the fiscal year for which the
amounts are reserved.
(b) Availability of appropriations
Funds appropriated under this section shall
remain available until expended.
(Pub. L. 101–610, title V, § 501, Nov. 16, 1990, 104
Stat. 3185; Pub. L. 102–384, § 11, Oct. 5, 1992, 106
Stat. 1459; Pub. L. 103–82, title III, § 301(a), Sept.
21, 1993, 107 Stat. 897; Pub. L. 111–13, title I,
§ 1841, Apr. 21, 2009, 123 Stat. 1579.)

Subsecs. (b) to (d). Pub. L. 111–13, § 1841(2), (3), redesignated subsec. (c) as (b) and struck out former subsec.
(b), which authorized appropriations for subchapter II
of this chapter, and subsec. (d), which specified the
budget function for the appropriations authorized in
this section.
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, § 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, § 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 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 1993 AMENDMENT
Pub. L. 103–82, title III, § 301(b), Sept. 21, 1993, 107
Stat. 898, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on
October 1, 1993.’’

§ 12682. Actions under national service laws to be
subject to availability of appropriations
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) 1 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.
(Pub. L. 103–82, title II, § 205, Sept. 21, 1993, 107
Stat. 897.)

REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(3)(B), (5)(A),
(6), was in the original ‘‘this Act’’, meaning Pub. L.
101–610, Nov. 16, 1990, 104 Stat. 3127, which is classified
principally to this chapter. For complete classification
of this Act to the Code, see Short Title note set out
under section 12501 of this title and Tables.
The Domestic Volunteer Service Act of 1973, referred
to in subsec. (a)(6), is Pub. L. 93–113, Oct. 1, 1973, 87
Stat. 394. Title I of the Act is classified generally to
subchapter I (§ 4951 et seq.) of chapter 66 of this title.
Title II of the Act is classified generally to subchapter
II (§ 5000 et seq.) of chapter 66 of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 4950 of this title and Tables.
Division K of subchapter I, referred to in subsec.
(a)(6), was in the original ‘‘subtitle J’’ which was translated as meaning subtitle J of title I of Pub. L. 101–610,
to reflect the probable intent of Congress.
AMENDMENTS
2009—Subsec. (a). Pub. L. 111–13, § 1841(1), added subsec. (a) and struck out former subsec. (a) which authorized appropriations for subchapter I of this chapter.
1 See

References in Text note below.

§ 12682

REFERENCES IN TEXT
Section 12511(15) of this title, referred to in text, was
redesignated section 12511(26) by Pub. L. 111–13, title I,
§ 1102(b)(1), Apr. 21, 2009, 123 Stat. 1467.
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.

CHAPTER 130—NATIONAL AFFORDABLE
HOUSING
SUBCHAPTER I—GENERAL PROVISIONS AND
POLICIES
Sec.

12701.
12702.
12703.
12704.
12705.
1 See

National housing goal.
Objective of national housing policy.
Purposes of Cranston-Gonzalez National Affordable Housing Act.
Definitions.
State and local housing strategies.
References in Text note below.