-CITE-
    42 USC CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

-HEAD-
               CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE           

-MISC1-
    Sec.                                                     
    12501.      Findings and purpose.                                 

     SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM 

                      DIVISION A - GENERAL PROVISIONS                  
    12511.      Definitions.                                          
    12512.      Repealed.                                             

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

                      PART I - SERVE-AMERICA PROGRAMS                  

              SUBPART A - SCHOOL-BASED PROGRAMS FOR STUDENTS          
    12521.      Authority to assist States and Indian tribes.         
    12522.      Authority to assist local applicants in
                 nonparticipating States.                             
    12523.      Authority to assist public or private nonprofit
                 organizations.                                       
    12524.      Grants and allotments.                                
    12525.      State or tribal applications.                         
    12526.      Local applications.                                   
    12527.      Consideration of applications.                        
    12528.      Participation of students and teachers from private
                 schools.                                             
    12529.      Federal, State, and local contributions.              
    12530.      Limitations on uses of funds.                         
    12531.      Definitions.                                          

     SUBPART B - COMMUNITY-BASED SERVICE PROGRAMS FOR SCHOOL-AGE YOUTH 
    12541.      Definitions.                                          
    12542.      General authority.                                    
    12543.      State applications.                                   
    12544.      Local applications.                                   
    12545.      Consideration of applications.                        
    12546.      Federal, State, and local contributions.              
    12547.      Limitations on uses of funds.                         

                         SUBPART C - CLEARINGHOUSE                     
    12551.      Service-learning clearinghouse.                       

       PART II - HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY
                                  SERVICE
    12561.      Higher education innovative programs for community
                 service.                                             

                DIVISION C - NATIONAL SERVICE TRUST PROGRAM            

                  PART I - INVESTMENT IN NATIONAL SERVICE              
    12571.      Authority to provide assistance and approved national
                 service positions.                                   
    12572.      Types of national service programs eligible for
                 program assistance.                                  
    12573.      Types of national service positions eligible for
                 approval for national service educational awards.    
    12574.      Types of program assistance.                          
    12575.      Training and technical assistance.                    
    12576.      Other special assistance.                             

                PART II - APPLICATION AND APPROVAL PROCESS            
    12581.      Provision of assistance and approved national service
                 positions by competitive and other means.            
    12582.      Application for assistance and approved national
                 service positions.                                   
    12583.      National service program assistance requirements.     
    12584.      Ineligible service categories.                        
    12585.      Consideration of applications.                        

                 PART III - NATIONAL SERVICE PARTICIPANTS             
    12591.      Description of participants.                          
    12592.      Selection of national service participants.           
    12593.      Terms of service.                                     
    12594.      Living allowances for national service participants.  
    12595.      National service educational awards.                  

       DIVISION D - NATIONAL SERVICE TRUST AND PROVISION OF NATIONAL
                        SERVICE EDUCATIONAL AWARDS
    12601.      Establishment of the National Service Trust.          
    12602.      Individuals eligible to receive a national service
                 educational award from the Trust.                    
    12603.      Determination of amount of national service
                 educational award.                                   
    12604.      Disbursement of national service educational awards.  
    12605.      Process of approval of national service positions.    

                   DIVISION E - CIVILIAN COMMUNITY CORPS               
    12611.      Purpose.                                              
    12612.      Establishment of Civilian Community Corps
                 Demonstration Program.                               
    12613.      National service program.                             
    12614.      Summer national service program.                      
    12615.      Civilian Community Corps.                             
    12616.      Training.                                             
    12617.      Service projects.                                     
    12618.      Authorized benefits for Corps members.                
    12619.      Administrative provisions.                            
    12620.      Status of Corps members and Corps personnel under
                 Federal law.                                         
    12621.      Contract and grant authority.                         
    12622.      Responsibilities of other departments.                
    12623.      Advisory Board.                                       
    12624.      Annual evaluation.                                    
    12625.      Funding limitation.                                   
    12626.      Definitions.                                          

                  DIVISION F - ADMINISTRATIVE PROVISIONS              
    12631.      Family and medical leave.                             
    12632.      Reports.                                              
    12633.      Supplementation.                                      
    12634.      Prohibition on use of funds.                          
    12635.      Nondiscrimination.                                    
    12636.      Notice, hearing, and grievance procedures.            
    12637.      Nonduplication and nondisplacement.                   
    12638.      State Commissions on National and Community Service.  
    12639.      Evaluation.                                           
    12640.      Engagement of participants.                           
    12641.      Contingent extension.                                 
    12642.      Partnerships with schools.                            
    12643.      Rights of access, examination, and copying.           
    12644.      Drug-free workplace requirements.                     
    12645.      Repealed.                                             

        DIVISION G - CORPORATION FOR NATIONAL AND COMMUNITY SERVICE    
    12651.      Corporation for National and Community Service.       
    12651a.     Board of Directors.                                   
    12651b.     Authorities and duties of the Board of Directors.     
    12651c.     Chief Executive Officer.                              
    12651d.     Authorities and duties of the Chief Executive Officer.
    12651e.     Officers.                                             
    12651f.     Employees, consultants, and other personnel.          
    12651g.     Administration.                                       
    12651h.     Corporation State offices.                            

            DIVISION H - INVESTMENT FOR QUALITY AND INNOVATION        
    12653.      Additional Corporation activities to support national
                 service.                                             
    12653a.     Clearinghouses.                                       
    12653b.     Presidential awards for service.                      
    12653c.     Military installation conversion demonstration
                 programs.                                            
    12653d.     Special demonstration project.                        

        DIVISION I - AMERICAN CONSERVATION AND YOUTH SERVICE CORPS    
    12655.      General authority.                                    
    12655a.     Limitation on purchase of capital equipment.          
    12655b.     State application.                                    
    12655c.     Focus of programs.                                    
    12655d.     Related programs.                                     
    12655e.     Public lands or Indian lands.                         
    12655f.     Training and education services.                      
    12655g.     Repealed.                                             
    12655h.     Preference for certain projects.                      
    12655i.     Age and citizenship criteria for enrollment.          
    12655j.     Use of volunteers.                                    
    12655k.     Repealed.                                             
    12655l.     Living allowance.                                     
    12655m.     Joint programs.                                       
    12655n.     Federal and State employee status.                    

                        DIVISION J - MISCELLANEOUS                    
    12656.      Urban Youth Corps.                                    

                SUBCHAPTER II - POINTS OF LIGHT FOUNDATION            
    12661.      Findings and purpose.                                 
    12662.      Authority.                                            
    12663.      Grants to Foundation.                                 
    12664.      Eligibility of Foundation for grants.                 

      SUBCHAPTER III - PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS  
    12671.      Projects.                                             

              SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS          
    12681.      Authorization of appropriations.                      
    12682.      Actions under national service laws to be subject to
                 availability of appropriations.                      

-End-



-CITE-
    42 USC Sec. 12501                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE

-HEAD-
    Sec. 12501. Findings and purpose

-STATUTE-
    (a) Findings
      The Congress finds the following:
        (1) Throughout the United States, there are pressing unmet
      human, educational, environmental, and public safety needs.
        (2) Americans desire to affirm common responsibilities and
      shared values, and join together in positive experiences, that
      transcend race, religion, gender, age, disability, region,
      income, and education.
        (3) The rising costs of postsecondary education are putting
      higher education out of reach for an increasing number of
      citizens.
        (4) Americans of all ages can improve their communities and
      become better citizens through service to the United States.
        (5) Nonprofit organizations, local governments, States, and the
      Federal Government are already supporting a wide variety of
      national service programs that deliver needed services in a cost-
      effective manner.
        (6) Residents of low-income communities, especially youth and
      young adults, can be empowered through their service, and can
      help provide future community leadership.
    (b) Purpose
      It is the purpose of this chapter to - 
        (1) meet the unmet human, educational, environmental, and
      public safety needs of the United States, without displacing
      existing workers;
        (2) renew the ethic of civic responsibility and the spirit of
      community throughout the United States;
        (3) expand educational opportunity by rewarding individuals who
      participate in national service with an increased ability to
      pursue higher education or job training;
        (4) encourage citizens of the United States, regardless of age,
      income, or disability, to engage in full-time or part-time
      national service;
        (5) reinvent government to eliminate duplication, support
      locally established initiatives, require measurable goals for
      performance, and offer flexibility in meeting those goals;
        (6) expand and strengthen existing service programs with
      demonstrated experience in providing structured service
      opportunities with visible benefits to the participants and
      community;
        (7) build on the existing organizational service infrastructure
      of Federal, State, and local programs and agencies to expand full-
      time and part-time service opportunities for all citizens; and
        (8) provide tangible benefits to the communities in which
      national service is performed.

-SOURCE-
    (Pub. L. 101-610, Sec. 2, Nov. 16, 1990, 104 Stat. 3129; Pub. L.
    103-82, Sec. 2(a), Sept. 21, 1993, 107 Stat. 787.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b), was in the original
    "this Act", meaning Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127,
    as amended, which is classified principally to this chapter. For
    complete classification of this Act to the Code, see Short Title
    note set out below and Tables.


-MISC1-
                                AMENDMENTS                            
      1993 - Pub. L. 103-82 amended section generally, substituting
    provisions relating to findings and purposes for former provisions
    setting forth the purposes of this chapter.

                       SHORT TITLE OF 2002 AMENDMENT                   
      Pub. L. 107-117, div. B, Sec. 1301(a), Jan. 10, 2002, 115 Stat.
    2339, provided that: "This section [enacting subchapter III of this
    chapter] may be cited as the 'Unity in the Spirit of America Act'
    or the 'USA Act'."

                       SHORT TITLE OF 1994 AMENDMENT                   
      Pub. L. 103-304, Sec. 1, Aug. 23, 1994, 108 Stat. 1565, provided
    that: "This Act [amending sections 4953, 5024, 12591, 12602, 12615,
    12619, 12622, 12651d, 12653, and 12655n of this title and enacting
    provisions set out as a note under section 4953 of this title] may
    be cited as the 'King Holiday and Service Act of 1994'."

                       SHORT TITLE OF 1993 AMENDMENT                   
      Section 1(a) of Pub. L. 103-82 provided that: "This Act [see
    Tables for classification] may be cited as the 'National and
    Community Service Trust Act of 1993'."

                       SHORT TITLE OF 1992 AMENDMENT                   
      Pub. L. 102-384, Sec. 1, Oct. 5, 1992, 106 Stat. 1455, provided
    that: "This Act [amending sections 12511, 12522, 12523, 12525,
    12526, 12541, 12550, 12612, 12614, 12615, 12622, 12639, 12651, and
    12681 of this title] may be cited as the 'National and Community
    Service Technical Amendment Act of 1992'."

                       SHORT TITLE OF 1991 AMENDMENT                   
      Pub. L. 102-10, Sec. 1, Mar. 12, 1991, 105 Stat. 29, provided
    that: "This Act [enacting section 12645 of this title, amending
    sections 5091m, 12511, 12521, 12522, 12524, 12527, 12531, 12542 to
    12544, 12548, 12553, 12575, 12576, 12602, 12638, and 12651 of this
    title, and repealing section 12556 of this title] may be cited as
    the 'National and Community Service Technical Amendments Act of
    1991'."

                                SHORT TITLE                            
      Section 1(a) of Pub. L. 101-610 provided that: "This Act
    [enacting this chapter, sections 5091 to 5091n of this title, and
    section 2452a of Title 22, Foreign Relations and Intercourse,
    amending sections 1018c, 1018e, 1070a-6, 1087vv, 1092, and 1092b of
    Title 20, Education, and former section 546 of Title 45, Railroads,
    and enacting provisions set out as notes under this section and
    section 24301 of Title 49, Transportation] may be cited as the
    'National and Community Service Act of 1990'."
      Section 110 of subtitle B (Secs. 110-118) of title I of Pub. L.
    101-610, which provided that such subtitle (enacting former part B
    (Secs. 12521-12531) of subchapter I of this chapter) be cited as
    the "Serve-America: The Community Service, Schools and Service-
    Learning Act of 1990", was repealed by Pub. L. 103-82, title I,
    Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 825.
      Pub. L. 108-45, Sec. 1, July 3, 2003, 117 Stat. 844, provided
    that: "This Act [enacting section 12605 of this title] may be cited
    as the 'Strengthen AmeriCorps Program Act'."
      Section 199 [formerly 120] of subtitle I (Secs. 199-199O)
    [formerly subtitle C (Secs. 120-136)] of title I of Pub. L. 101-
    610, as renumbered by Pub. L. 103-82, title I, Sec. 101(a), Sept.
    21, 1993, 107 Stat. 788, provided that: "This subtitle [enacting
    division I (formerly part C) of subchapter I of this chapter] may
    be cited as the 'American Conservation and Youth Service Corps Act
    of 1990'."
      Section 140 of subtitle D (Secs. 140-150) of title I of Pub. L.
    101-610, which provided that such subtitle (enacting former part D
    (Secs. 12571-12580) of subchapter I of this chapter) be cited as
    the "National and Community Service Act", was omitted in the
    general amendment of part D (now division D) by Pub. L. 103-82,
    title I, Sec. 102(a), Sept. 21, 1993, 107 Stat. 816.
      Section 301 of title III of Pub. L. 101-610 provided that: "This
    title [enacting subchapter II of this chapter] may be cited as 'The
    Points of Light Foundation Act'."

                     COMPLIANCE WITH BUY AMERICAN ACT                 
      Section 501 of Pub. L. 103-82 provided that: "No funds
    appropriated pursuant to this Act [see Tables for classification]
    (including the amendments made by this Act) may be expended by an
    entity unless the entity agrees that in expending the assistance
    the entity will comply with sections 2 through 4 of the Act of
    March 3, 1933 (41 U.S.C. 10a-10c [41 U.S.C. 10a, 10b, former 10b-
    1], popularly known as the 'Buy American Act')."

              SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE          
      Section 502 of Pub. L. 103-82 provided that:
      "(a) Purchase of American-Made Equipment and Products. - In the
    case of any equipment or product that may be authorized to be
    purchased with financial assistance provided under this Act [see
    Tables for classification] (including the amendments made by this
    Act), it is the sense of the Congress that entities receiving such
    assistance should, in expending the assistance, purchase only
    American-made equipment and products.
      "(b) Notice to Recipients of Assistance. - In providing financial
    assistance under this Act (including the amendments made by this
    Act), the Secretary of Education shall provide to each recipient of
    the assistance a notice describing the statement made in subsection
    (a) by the Congress."

    PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS
                              MADE IN AMERICA
      Section 503 of Pub. L. 103-82 provided that: "If it has been
    finally determined by a court or Federal agency that any person
    intentionally affixed a label bearing a 'Made in America'
    inscription, or any inscription with the same meaning, to any
    product sold in or shipped to the United States that is not made in
    the United States, the person shall be ineligible to receive any
    contract or subcontract made with funds appropriated to carry out
    this Act, pursuant to the debarment, suspension, and ineligibility
    procedures described in sections 9.400 through 9.409 of title 48,
    Code of Federal Regulations."


-EXEC-
          EX. ORD. NO. 13254. ESTABLISHING THE USA FREEDOM CORPS      
      Ex. Ord. No. 13254, Jan. 29, 2002, 67 F.R. 4869, as amended by
    Ex. Ord. No. 13286, Sec. 6, Feb. 28, 2003, 68 F.R. 10620, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, it is hereby ordered
    as follows:
      Section 1. Policy. Building on our Nation's rich tradition of
    citizen service, this Administration's policy is to foster a
    culture of responsibility, service, and citizenship by promoting,
    expanding, and enhancing public service opportunities for all
    Americans and by making these opportunities readily available to
    citizens from all geographic areas, professions, and walks of life.
    More specifically, this Administration encourages all Americans to
    serve their country for the equivalent of at least 2 years (4,000
    hours) over their lifetimes. Toward those ends, the executive
    departments, agencies, and offices constituting the USA Freedom
    Corps shall coordinate and strengthen Federal and other service
    opportunities, including opportunities for participation in
    homeland security preparedness and response, other areas of public
    and social service, and international service. The executive branch
    departments, agencies, and offices also will work with State and
    local governments and private entities to foster and encourage
    participation in public and social service programs, as
    appropriate.
      Sec. 2. USA Freedom Corps. The USA Freedom Corps shall be an
    interagency initiative, bringing together executive branch
    departments, agencies, and offices with public service programs and
    components, including but not limited to programs and components
    with the following functions:
      (i) recruiting, mobilizing, and encouraging all Americans to
    engage in public service;
      (ii) providing concrete opportunities to engage in public
    service;
      (iii) providing the public with access to information about
    public service opportunities through Federal programs and
    elsewhere; and
      (iv) providing recognition and awards to volunteers and other
    participants in public service programs.
      Sec. 3. USA Freedom Corps Council. (a) Establishment and Mission.
    There shall be a USA Freedom Corps Council (Council) chaired by the
    President and composed of heads of executive branch departments,
    agencies, and offices, which shall have the following functions:
        (i) serving as a forum for Federal officials responsible for
      public service programs to coordinate and improve public service
      programs and activities administered by the executive branch;
        (ii) working to encourage all Americans to engage in public
      service, whether through Federal programs or otherwise;
        (iii) advising the President and heads of executive branch
      departments, agencies, and offices concerning the optimization of
      current Federal programs to enhance public service opportunities;
        (iv) coordinating public outreach and publicity of citizen
      service opportunities provided by Federal programs;
        (v) encouraging schools, universities, private public service
      organizations, and other non-Federal entities to foster and
      reward public service;
        (vi) studying the availability of public service opportunities
      provided by the Federal Government and elsewhere; and
        (vii) tracking progress in participation in public service
      programs.
      (b) Membership. In addition to the Chair, the members of the
    Council shall be the heads of the executive branch departments,
    agencies, and offices listed below, or their designees, and such
    other officers of the executive branch as the President may from
    time to time designate. Every member of the Council or designee
    shall be a full-time or permanent part-time officer or employee of
    the Federal Government. Members shall not be compensated for their
    service on the Council in addition to the salaries they receive as
    employees or officers of the Federal Government.
        (i) Vice President;
        (ii) Attorney General;
        (iii) Secretary of State;
        (iv) Secretary of Health and Human Services;
        (v) Secretary of Commerce;
        (vi) Secretary of Education;
        (vii) Secretary of Veterans Affairs;
        (viii) Secretary of Homeland Security;
        (ix) Chief Executive Officer of the Corporation for National
      and Community Service;
        (x) Director of the Peace Corps;
        (xi) Administrator of the United States Agency for
      International Development;
        (xii) Director of the USA Freedom Corps Office; and
        (xiii) Director of the Office of Faith-Based and Community
      Initiatives.
      (c) Chair. The President shall be the Chair of the USA Freedom
    Corps Council, and in his absence, the Vice President shall serve
    as Chair. The Director of the USA Freedom Corps Office may, at the
    President's direction, preside over meetings of the Council in the
    President's and Vice President's absence.
      (d) Honorary Co-Chair. The President may, from time to time,
    designate an Honorary Co-Chair or Co-Chairs, who shall serve in an
    advisory role to the Council and to the President on matters
    considered by the Council. Any Honorary Co-Chair shall be a full-
    time or permanent part-time employee or officer of the Federal
    Government.
      (e) Meetings. The Council shall meet at the President's
    direction. The Director of the USA Freedom Corps Office shall be
    responsible, at the President's direction, for determining the
    agenda, ensuring that necessary papers are prepared, and recording
    Council actions and Presidential decisions.
      (f) Responsibilities of Executive Branch Departments, Agencies,
    and Offices.
        (i) Members of the Council shall remain responsible for
      overseeing the programs administered by their respective
      departments, agencies, and offices. Each such department, agency,
      and office will retain its authority and responsibility to
      administer those programs according to law;
        (ii) Each executive branch department, agency, or office with
      responsibility for programs relating to the functions and
      missions of the USA Freedom Corps as described in section 2 of
      this order shall be responsible for identifying those public
      service opportunities and coordinating with the USA Freedom Corps
      Council to ensure that such programs are, if appropriate,
      publicized and encouraged by the Council; and
        (iii) Upon the request of the Chair, and to the extent
      permitted by law, the heads of executive branch departments and
      agencies shall provide the Council with relevant information.
      Sec. 4. USA Freedom Corps Office. (a) General. The USA Freedom
    Corps also shall be supported by a USA Freedom Corps Office
    (Office), which shall be a component of the White House Office. The
    USA Freedom Corps Office shall have a Director who shall be
    appointed by the President. The Director shall be assisted by an
    appropriate staff within the White House Office.
      (b) Presidential Recognition to Participants in USA Freedom Corps
    Programs. In addition to supporting and facilitating the functions
    of the Council listed in section 3 of this order, the Office shall
    support the President in providing recognition to volunteers and
    other participants in programs and activities relating to the
    functions and missions of the USA Freedom Corps as described in
    section 2 of this order.
      Sec. 5. General Provisions. (a) The White House Office shall
    provide the Council and Office with such funding and administrative
    support, to the extent permitted by law and subject to the
    availability of appropriations, as directed by the Chief of Staff
    to the President to carry out the provisions of this order.
      (b) This order does not alter the existing authorities or roles
    of executive branch departments, agencies, or offices. Nothing in
    this order shall supersede any requirement made by or under law.
      (c) This order does not create any right or benefit, substantive
    or procedural, enforceable at law or equity, against the United
    States, its departments, agencies, or other entities, its officers
    or employees, or any other person.
                                                         George W. Bush.

               EX. ORD. NO. 13317. VOLUNTEERS FOR PROSPERITY           
      Ex. Ord. No. 13317, Sept. 25, 2003, 68 F.R. 56515, as amended by
    Ex. Ord. No. 13418, Dec. 14, 2006, 71 F.R. 75647, 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 volunteer service by highly skilled Americans to support
    major initiatives by the United States for promoting health and
    prosperity around the world, it is hereby ordered as follows:
      Section 1. (a) Policy. A part of USA Freedom Corps, "Volunteers
    for Prosperity" is a call to service to support major U.S.
    initiatives that promote health and prosperity around the world.
    Deploying highly skilled volunteers abroad is an efficient way to
    use our resources consistent with the objectives of the United
    States Government's global prosperity agenda. United States
    volunteers will help to achieve the objectives of the global
    prosperity agenda, including providing clean water to the poor,
    promoting democratic governance, developing economic freedom,
    promoting free and open markets, stemming the spread of HIV/AIDS
    and controlling malaria.
      The investment of Federal resources to enable U.S. volunteers to
    work with nongovernmental and voluntary service organizations
    overseas is a preferred use of our resources and also will help
    leverage private sector resources. United States citizens who are
    skilled professionals and who volunteer, when matched with
    organizations working on specific U.S. prosperity initiatives
    overseas, can provide invaluable support for these initiatives and
    will supplement and complement the traditions and accomplishments
    of the Peace Corps.
      United States prosperity initiatives that can benefit from
    volunteer service include, but are not limited to, the Emergency
    Plan for AIDS Relief, the Digital Freedom Initiative, the Water for
    the Poor Initiative, the Trade for African Development and
    Enterprise Initiative, the Middle East Partnership Initiative, and
    the President's Malaria Initiative.
      Volunteer service in support of other initiatives, consistent
    with U.S. foreign policy, shall be considered as well.
      (b) Applicability. The following agencies are subject to the
    requirements of this order: the United States Agency for
    International Development (USAID), the Department of State, the
    Department of Commerce, the Department of Health and Human
    Services, and such other Federal agencies as the President may
    designate in the future.
      Sec. 2. Establishment. (a) Agencies subject to this order shall
    each establish within their respective organizations an Office for
    Volunteers for Prosperity (Office) or, as appropriate, an operating
    unit within an office.
      (b) Each agency subject to this order shall provide its Office or
    unit with appropriate staff, administrative support, and resources
    to meet its responsibilities under this order.
      (c) Each of these Offices or units shall begin operations no
    later than 30 days from the date of this order.
      (d) Agencies subject to this order shall consider, in evaluating
    grant applications for assistance activities to be implemented
    abroad, the applicant's use of highly skilled U.S. volunteers to
    support U.S. prosperity objectives and initiatives.
      Sec. 3. Purpose. To the extent permitted by law, the purpose of
    the Offices will be to promote, expand, and enhance well-defined
    volunteer service opportunities for highly skilled U.S.
    professionals who wish to work with nongovernmental and voluntary
    service organizations around the world in support of major U.S.
    prosperity initiatives as identified in section 1 of this order.
    Such promotion, expansion, and enhancement would include actively
    participating in the design and selection processes for grants
    within their agencies, tracking the use of U.S. private volunteer
    organizations by their agencies, and coordinating with White House
    Offices including the USA Freedom Corps, the Office of National
    AIDS Policy, and the Office of Faith-Based and Community
    Initiatives, as appropriate.
      Sec. 4. Funding. Agencies subject to this order are hereby
    directed to use their best efforts to use funds available for the
    U.S. prosperity initiatives listed in section 1 of this order to
    provide appropriate support to organizations that use highly
    skilled U.S. volunteers to accomplish the objectives identified in
    those initiatives.
      Sec. 5. Coordination. The USAID shall serve as the inter-agency
    coordinator for the Volunteers for Prosperity initiative. In that
    capacity, the USAID shall coordinate the activities that fall
    within the scope of the initiative and report on the progress of
    the initiative to the USA Freedom Corps Office, within the White
    House Office. The reports shall be submitted within 180 days after
    the date of this order and annually thereafter. The USA Freedom
    Corps Council shall encourage consistency in policies and practices
    within the agencies subject to this order, as appropriate, for
    purposes related to the Volunteers for Prosperity initiative.
      Sec. 6. Administration. The actions directed by this order shall
    be carried out subject to the availability of appropriations, to
    the extent permitted by law, and consistent with the agencies'
    missions.
      Sec. 7. Judicial Review. This order is intended only to improve
    the internal management of the executive branch of the Federal
    Government, and it is not intended to, and does not, create any
    right or benefit, substantive or procedural, enforceable at law or
    in 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 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)).
      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;
        (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.

-End-


-CITE-
    42 USC SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE
           STATE GRANT PROGRAM                             01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

-HEAD-
     SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM 

-End-


-CITE-
    42 USC Division A - General Provisions                      01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division A - General Provisions

-HEAD-
                      DIVISION A - GENERAL PROVISIONS                  

-End-



-CITE-
    42 USC Sec. 12511                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division A - General Provisions

-HEAD-
    Sec. 12511. Definitions

-STATUTE-
      For purposes of this subchapter:
      (1) Adult volunteer
        The term "adult volunteer" means an individual, such as an
      older adult, an individual with a disability, a parent, or an
      employee of a business or public or private nonprofit
      organization, who - 
          (A) works without financial remuneration in an educational
        institution to assist students or out-of-school youth; and
          (B) is beyond the age of compulsory school attendance in the
        State in which the educational institution is located.
      (2) Approved national service position
        The term "approved national service position" means a national
      service position for which the Corporation has approved the
      provision of a national service educational award described in
      section 12603 of this title as one of the benefits to be provided
      for successful service in the position.
      (3) Carry out
        The term "carry out", when used in connection with a national
      service program described in section 12572 of this title, means
      the planning, establishment, operation, expansion, or replication
      of the program.
      (4) Chief Executive Officer
        The term "Chief Executive Officer", except when used to refer
      to the chief executive officer of a State, means the Chief
      Executive Officer of the Corporation appointed under section
      12651c of this title.
      (5) Community-based agency
        The term "community-based agency" means a private nonprofit
      organization (including a church or other religious entity) that -
       
          (A) is representative of a community or a significant segment
        of a community; and
          (B) is engaged in meeting human, educational, environmental,
        or public safety community needs.
      (6) Corporation
        The term "Corporation" means the Corporation for National and
      Community Service established under section 12651 of this title.
      (7) Economically disadvantaged
        The term "economically disadvantaged" means, with respect to an
      individual, an individual who is determined by the Chief
      Executive Officer to be low-income according to the latest
      available data from the Department of Commerce.
      (8) Elementary school
        The term "elementary school" has the same meaning given such
      term in section 7801 of title 20.
      (9) Indian
        The term "Indian" means a person who is a member of an Indian
      tribe, or is a "Native", as defined in section 1602(b) of title
      43.
      (10) Indian lands
        The term "Indian lands" means any real property owned by an
      Indian tribe, any real property held in trust by the United
      States for an Indian or Indian tribe, and any real property held
      by an Indian or Indian tribe that is subject to restrictions on
      alienation imposed by the United States.
      (11) Indian tribe
        The term "Indian tribe" means - 
          (A) an Indian tribe, band, nation, or other organized group
        or community, including - 
            (i) any Native village, as defined in section 1602(c) of
          title 43, whether organized traditionally or pursuant to the
          Act of June 18, 1934 (commonly known as the "Indian
          Reorganization Act"; 48 Stat. 984, chapter 576; 25 U.S.C 461
          et seq.); and
            (ii) any Regional Corporation or Village Corporation, as
          defined in subsection (g) or (j), respectively, of section
          1602 of title 43,

        that is recognized as eligible for the special programs and
        services provided by the United States under Federal law to
        Indians because of their status as Indians; and
          (B) any tribal organization controlled, sanctioned, or
        chartered by an entity described in subparagraph (A).
      (12) Individual with a disability
        Except as provided in section 12635(a) of this title, the term
      "individual with a disability" has the meaning given the term in
      section 705(20)(B) of title 29.
      (13) Institution of higher education
        The term "institution of higher education" has the same meaning
      given such term in section 1001 of title 20.
      (14) Local educational agency
        The term "local educational agency" has the same meaning given
      such term in section 7801 of title 20.
      (15) National service laws
        The term "national service laws" means this chapter and the
      Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.).
      (16) Out-of-school youth
        The term "out-of-school youth" means an individual who - 
          (A) has not attained the age of 27;
          (B) has not completed college or the equivalent thereof; and
          (C) is not enrolled in an elementary or secondary school or
        institution of higher education.
      (17) Participant
        (A) In general
          The term "participant" means - 
            (i) for purposes of division C of this subchapter, an
          individual in an approved national service position; and
            (ii) for purposes of any other provision of this chapter,
          an individual enrolled in a program that receives assistance
          under this subchapter.
        (B) Rule
          A participant shall not be considered to be an employee of
        the program in which the participant is enrolled.
      (18) Partnership program
        The term "partnership program" means a program through which an
      adult volunteer, a public or private nonprofit organization, an
      institution of higher education, or a business assists a local
      educational agency.
      (19) Program
        The term "program", unless the context otherwise requires, and
      except when used as part of the term "academic program", means a
      program described in section 12521(a) of this title (other than a
      program referred to in paragraph (3)(B) of such section),
      12542(a), 12561(b)(1), or 12572(a) of this title, or in paragraph
      (1) or (2) of section 12612(b) of this title, or an activity that
      could be funded under section 12653, 12653c, or 12653d of this
      title.
      (20) Project
        The term "project" means an activity, carried out through a
      program that receives assistance under this subchapter, that
      results in a specific identifiable service or improvement that
      otherwise would not be done with existing funds, and that does
      not duplicate the routine services or functions of the employer
      to whom participants are assigned.
      (21) School-age youth
        The term "school-age youth" means - 
          (A) individuals between the ages of 5 and 17, inclusive; and
          (B) children with disabilities, as defined in section 602 of
        the Individuals with Disabilities Education Act (20 U.S.C.
        1401), who receive services under part B of such Act [20 U.S.C.
        1411 et seq.].
      (22) Secondary school
        The term "secondary school" has the same meaning given such
      term in section 7801 of title 20.
      (23) Service-learning
        The term "service-learning" means a method - 
          (A) under which students or participants learn and develop
        through active participation in thoughtfully organized service
        that - 
            (i) is conducted in and meets the needs of a community;
            (ii) is coordinated with an elementary school, secondary
          school, institution of higher education, or community service
          program, and with the community; and
            (iii) helps foster civic responsibility; and

          (B) that - 
            (i) is integrated into and enhances the academic curriculum
          of the students, or the educational components of the
          community service program in which the participants are
          enrolled; and
            (ii) provides structured time for the students or
          participants to reflect on the service experience.
      (24) Service-learning coordinator
        The term "service-learning coordinator" means an individual who
      provides services as described in subsection (a)(3) or (b) of
      section 12521 of this title.
      (25) Service sponsor
        The term "service sponsor" means an organization, or other
      entity, that has been selected to provide a placement for a
      participant.
      (26) State
        The term "State" means each of the several States, the District
      of Columbia, the Commonwealth of Puerto Rico, the United States
      Virgin Islands, Guam, American Samoa, and the Commonwealth of the
      Northern Mariana Islands. The term also includes Palau, until
      such time as the Compact of Free Association is ratified.
      (27) State Commission
        The term "State Commission" means a State Commission on
      National and Community Service maintained by a State pursuant to
      section 12638 of this title. Except when used in section 12638 of
      this title, the term includes an alternative administrative
      entity for a State approved by the Corporation under such section
      to act in lieu of a State Commission.
      (28) State educational agency
        The term "State educational agency" has the same meaning given
      such term in section 7801 of title 20.
      (29) Student
        The term "student" means an individual who is enrolled in an
      elementary or secondary school or institution of higher education
      on a full- or part-time basis.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 101, Nov. 16, 1990, 104 Stat. 3129;
    Pub. L. 102-10, Sec. 3, Mar. 12, 1991, 105 Stat. 29; Pub. L. 102-
    384, Sec. 3, Oct. 5, 1992, 106 Stat. 1455; Pub. L. 103-82, title
    I, Sec. 111(a), Sept. 21, 1993, 107 Stat. 857; Pub. L. 103-382,
    title III, Sec. 394(h)(1), Oct. 20, 1994, 108 Stat. 4028; Pub. L.
    105-220, title IV, Sec. 414(g), Aug. 7, 1998, 112 Stat. 1242; Pub.
    L. 105-244, title I, Sec. 102(a)(13)(K), Oct. 7, 1998, 112 Stat.
    1621; Pub. L. 107-110, title X, Sec. 1076(ff), Jan. 8, 2002, 115
    Stat. 2093; Pub. L. 108-446, title III, Sec. 305(m), Dec. 3, 2004,
    118 Stat. 2806.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in par. (11)(A)(i), is act June
    18, 1934, ch. 576, 48 Stat. 984, as amended, popularly known as the
    Indian Reorganization Act, which is classified generally to
    subchapter V (Sec. 461 et seq.) of chapter 14 of Title 25, Indians.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 461 of Title 25 and Tables.
      This chapter, referred to in pars. (15) and (17)(A)(ii), was in
    the original "this Act", meaning Pub. L. 101-610, Nov. 16, 1990,
    104 Stat. 3127, as amended, which is classified principally to this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 12501 of this title and
    Tables.
      The Domestic Volunteer Service Act of 1973, referred to in par.
    (15), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394, as amended,
    which is classified principally to chapter 66 (Sec. 4950 et seq.)
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 4950 of this title and
    Tables.
      The Individuals with Disabilities Education Act, referred to in
    par. (21)(B), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84
    Stat. 175, as amended. Part B of the Act is classified generally to
    subchapter II (Sec. 1411 et seq.) of chapter 33 of Title 20,
    Education. For complete classification of this Act to the Code, see
    section 1400 of Title 20 and Tables.
      For ratification of Compact of Free Association with Palau,
    referred to in par. (26), see Proc. No. 6726, Sept. 27, 1994, 59
    F.R. 49777, set out as a note under section 1931 of Title 48,
    Territories and Insular Possessions.


-MISC1-
                                AMENDMENTS                            
      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, Sec. 394(h)(1)(A), substituted
    "section 8801 of title 20" for "section 2891(8) of title 20".
      Par. (14). Pub. L. 103-382, Sec. 394(h)(1)(B), substituted
    "section 8801 of title 20" for "section 2891(12) of title 20".
      Par. (22). Pub. L. 103-382, Sec. 394(h)(1)(C), substituted
    "section 8801 of title 20" for "section 2891(21) of title 20".
      Par. (28). Pub. L. 103-382, Sec. 394(h)(1)(D), substituted
    "section 8801 of title 20" for "section 2891(23) of title 20".
      1993 - Pub. L. 103-82 amended section generally, substituting
    provisions consisting of 29 definitions of terms used in this
    subchapter for former provisions consisting of 30 definitions.
      1992 - Par. (29). Pub. L. 102-384, Sec. 3(1), added par. (29) and
    struck out former par. (29) which read as follows: "The term
    'summer program' means a youth corps program authorized under this
    subchapter that is limited to the months of June, July, and
    August."
      Par. (30). Pub. L. 102-384, Sec. 3(2), substituted "living
    allowances" for "stipends".
      1991 - Par. (7). Pub. L. 102-10, Sec. 3(1), added par. (7).
    Former par. (7) redesignated (8).
      Par. (8). Pub. L. 102-10, Sec. 3(2), (3), redesignated par. (7)
    as (8) and inserted "an Indian or" before "Indian tribes" in two
    places. Former par. (8) redesignated (9).
      Pars. (9) to (13). Pub. L. 102-10, Sec. 3(2), redesignated pars.
    (8) to (12) as (9) to (13), respectively. Former par. (13)
    redesignated (14).
      Par. (14). Pub. L. 102-10, Sec. 3(2), (4), redesignated par. (13)
    as (14) and inserted at end "Participants shall not be considered
    employees of the program." Former par. (14) redesignated (15).
      Pars. (15) to (22). Pub. L. 102-10, Sec. 3(2), redesignated pars.
    (14) to (21) as (15) to (22), respectively. Former par. (22)
    redesignated (23).
      Par. (23). Pub. L. 102-10, Sec. 3(5), which directed the
    substitution of "participants" for "students or out of school
    youth", was executed by making the substitution for "students or
    out-of-school youth" to reflect the probable intent of Congress.
      Pub. L. 102-10, Sec. 3(2), redesignated par. (22) as (23). Former
    par. (23) redesignated (24).
      Par. (24). Pub. L. 102-10, Sec. 3(2), (6), redesignated par. (23)
    as (24) and in heading and text substituted "participant" for
    "member". Former par. (24) redesignated (25).
      Pars. (25) to (29). Pub. L. 102-10, Sec. 3(2), redesignated pars.
    (24) to (28) as (25) to (29), respectively. Former par. (29)
    redesignated (30).
      Par. (30). Pub. L. 102-10, Sec. 3(2), (7), redesignated par. (29)
    as (30) and inserted "corps" after "youth service".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with
    respect to certain noncompetitive programs and competitive
    programs, see section 5 of Pub. L. 107-110, set out as an Effective
    Date note under section 6301 of Title 20, Education.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
    otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-
    244, set out as a note under section 1001 of Title 20, Education.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
    123 of Pub. L. 103-82, set out as a note under section 1701 of
    Title 16, Conservation.

-End-



-CITE-
    42 USC Sec. 12512                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division A - General Provisions

-HEAD-
    Sec. 12512. Repealed.

-MISC1-
    Sec. 12512. Repealed. Pub. L. 103-82, title I, Sec. 112, Sept. 21,
      1993, 107 Stat. 861.
      Section, Pub. L. 101-610, title I, Sec. 102, Nov. 16, 1990, 104
    Stat. 3132, authorized Commission to make grants to carry out
    programs under parts B, C, D, and E of this subchapter.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1993, see section 123 of Pub. L. 103-82,
    set out as an Effective Date of 1993 Amendment note under section
    1701 of Title 16, Conservation.

-End-


-CITE-
    42 USC Division B - School-Based and Community-Based
           Service-Learning Programs                       01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        

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


-MISC1-
                             PRIOR PROVISIONS                         
      This division is comprised of subtitle B, Secs. 111-119, of title
    I of Pub. L. 101-610. A prior part B (Sec. 12521 et seq.),
    comprised of subtitle B, Secs. 111-118, of title I of Pub. L. 101-
    610, related to programs for students and out-of-school youth,
    prior to repeal by Pub. L. 103-82, title I, Sec. 103(a)(2), (b),
    Sept. 21, 1993, 107 Stat. 825, 837.

-End-


-CITE-
    42 USC Part I - Serve-America Programs                      01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part I - Serve-America Programs

-HEAD-
                      PART I - SERVE-AMERICA PROGRAMS                  

-End-


-CITE-
    42 USC subpart a - school-based programs for students       01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part I - Serve-America Programs
    subpart a - school-based programs for students

-HEAD-
              SUBPART A - SCHOOL-BASED PROGRAMS FOR STUDENTS          

-End-



-CITE-
    42 USC Sec. 12521                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part I - Serve-America Programs
    subpart a - school-based programs for students

-HEAD-
    Sec. 12521. Authority to assist States and Indian tribes

-STATUTE-
    (a) Use of funds
      The Corporation, in consultation with the Secretary of Education,
    may make grants under section 12524(b)(1) of this title, and
    allotments under subsections (a) and (b)(2) of section 12524 of
    this title, to States (through State educational agencies), and to
    Indian tribes, to pay for the Federal share of - 
        (1) planning and building the capacity of the States or Indian
      tribes (which may be accomplished through grants or contracts
      with qualified organizations) to implement school-based service-
      learning programs, including - 
          (A) providing training for teachers, supervisors, personnel
        from community-based agencies (particularly with regard to the
        utilization of participants), and trainers, to be conducted by
        qualified individuals or organizations that have experience
        with service-learning;
          (B) developing service-learning curricula to be integrated
        into academic programs, including the age-appropriate learning
        component described in section 12526(d)(2) of this title;
          (C) forming local partnerships described in paragraph (2) or
        (4) to develop school-based service-learning programs in
        accordance with this subpart;
          (D) devising appropriate methods for research and evaluation
        of the educational value of service-learning and the effect of
        service-learning activities on communities; and
          (E) establishing effective outreach and dissemination of
        information to ensure the broadest possible involvement of
        community-based agencies with demonstrated effectiveness in
        working with school-age youth in their communities;

        (2) implementing, operating, or expanding school-based service-
      learning programs, which may include paying for the cost of the
      recruitment, training, supervision, placement, salaries, and
      benefits of service-learning coordinators, through State
      distribution of Federal funds made available under this subpart
      to projects operated by local partnerships among - 
          (A) local educational agencies; and
          (B) one or more community partners that - 
            (i) shall include a public or private nonprofit
          organization that - 
              (I) has a demonstrated expertise in the provision of
            services to meet unmet human, educational, environmental,
            or public safety needs;
              (II) was in existence at least 1 year before the date on
            which the organization submitted an application under
            section 12526 of this title; and
              (III) will make projects available for participants, who
            shall be students; and

            (ii) may include a private for-profit business or private
          elementary or secondary school;

        (3) planning of school-based service-learning programs, through
      State distribution of Federal funds made available under this
      subpart to local educational agencies, which planning may include
      paying for the cost of - 
          (A) the salaries and benefits of service-learning
        coordinators; or
          (B) the recruitment, training, supervision, and placement of
        service-learning coordinators who are participants in a program
        under division C of this subchapter or receive a national
        service educational award under division D of this subchapter,

      who will identify the community partners described in paragraph
      (2)(B) and assist in the design and implementation of a program
      described in paragraph (2); and
        (4) implementing, operating, or expanding school-based service-
      learning programs involving adult volunteers to utilize service-
      learning to improve the education of students, through State
      distribution of Federal funds made available under this part to
      local partnerships among - 
          (A) local educational agencies; and
          (B) one or more - 
            (i) public or private nonprofit organizations;
            (ii) other educational agencies; or
            (iii) private for-profit businesses,

      that coordinate and operate projects for participants, who shall
      be students.
    (b) Duties of service-learning coordinator
      A service-learning coordinator referred to in paragraph (2) or
    (3) of subsection (a) of this section shall provide services to a
    local educational agency by - 
        (1) providing technical assistance and information to, and
      facilitating the training of, teachers who want to use service-
      learning in their classrooms;
        (2) assisting local partnerships described in subsection (a) of
      this section in the planning, development, and execution of
      service-learning projects; and
        (3) carrying out such other duties as the local educational
      agency may determine to be appropriate.
    (c) Related expenses
      A partnership, local educational agency, or other qualified
    organization that receives financial assistance under this subpart
    may, in carrying out the activities described in subsection (a) of
    this section, use such assistance to pay for the Federal share of
    reasonable costs related to the supervision of participants,
    program administration, transportation, insurance, and evaluations,
    and for other reasonable expenses related to the activities.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 111, as added Pub. L. 103-82, title
    I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 825.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12521, Pub. L. 101-610, title I, Sec. 111, Nov.
    16, 1990, 104 Stat. 3132; Pub. L. 102-10, Sec. 4(2), Mar. 12, 1991,
    105 Stat. 30, prescribed general authority of Commission on
    National and Community Service to make grants for service-learning
    programs, prior to repeal by Pub. L. 103-82, title I, Sec.
    103(a)(2), Sept. 21, 1993, 107 Stat. 825.

                              EFFECTIVE DATE                          
      Division effective Oct. 1, 1993, see section 123 of Pub. L. 103-
    82, set out as an Effective Date of 1993 Amendment note under
    section 1701 of Title 16, Conservation.

              PURPOSE OF AMENDMENTS TO SERVE-AMERICA PROGRAMS          
      Section 103(a)(1) of Pub. L. 103-82 provided that: "The purpose
    of this subsection [enacting this part] is to improve the Serve-
    America programs established under part I of subtitle B [of title
    I] of the National and Community Service Act of 1990 [probably
    refers to former subpart I (Sec. 12521 et seq.) of part B of this
    subchapter], and to enable the Corporation for National and
    Community Service, and the entities receiving financial assistance
    under such part, to - 
        "(A) work with teachers in elementary schools and secondary
      schools within a community, and with community-based agencies, to
      create and offer service-learning opportunities for all school-
      age youth;
        "(B) educate teachers, and faculty providing teacher training
      and retraining, about service-learning, and incorporate service-
      learning opportunities into classroom teaching to strengthen
      academic learning;
        "(C) coordinate the work of adult volunteers who work with
      elementary and secondary schools as part of their community
      service activities; and
        "(D) work with employers in the communities to ensure that
      projects introduce the students to various careers and expose the
      students to needed further education and training."

-End-



-CITE-
    42 USC Sec. 12522                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part I - Serve-America Programs
    subpart a - school-based programs for students

-HEAD-
    Sec. 12522. Authority to assist local applicants in
      nonparticipating States

-STATUTE-
      In any fiscal year in which a State does not submit an
    application under section 12525 of this title, for an allotment
    under subsection (a) or (b)(2) of section 12524 of this title, that
    meets the requirements of section 12525 of this title and such
    other requirements as the Chief Executive Officer may determine to
    be appropriate, the Corporation may use the allotment of that State
    to make direct grants to pay for the Federal share of the cost of -
    
        (1) carrying out the activities described in paragraph (2) or
      (4) of section 12521(a) of this title, to a local partnership
      described in such paragraph; or
        (2) carrying out the activities described in paragraph (3) of
      such section, to an agency described in such paragraph,

    that is located in the State.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 111A, as added Pub. L. 103-82,
    title I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 827.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12522, Pub. L. 101-610, title I, Sec. 112, Nov.
    16, 1990, 104 Stat. 3133; Pub. L. 102-10, Sec. 4(3), Mar. 12, 1991,
    105 Stat. 30; Pub. L. 102-384, Sec. 4, Oct. 5, 1992, 106 Stat.
    1455, related to allotments, prior to repeal by Pub. L. 103-82,
    Sec. 103(a)(2).

-End-



-CITE-
    42 USC Sec. 12523                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part I - Serve-America Programs
    subpart a - school-based programs for students

-HEAD-
    Sec. 12523. Authority to assist public or private nonprofit
      organizations

-STATUTE-
    (a) In general
      The Corporation may make grants under section 12524(b)(1) of this
    title to public or private nonprofit organizations that - 
        (1) have experience with service-learning;
        (2) were in existence at least 1 year before the date on which
      the organization submitted an application under section 12526(a)
      of this title; and
        (3) meet such other criteria as the Chief Executive Officer may
      establish.
    (b) Use of funds
      Such organizations may use grants made under subsection (a) of
    this section to make grants to partnerships described in paragraph
    (2) or (4) of section 12521(a) of this title to implement, operate,
    or expand school-based service-learning programs as described in
    such section and provide technical assistance and training to
    appropriate persons.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 111B, as added Pub. L. 103-82,
    title I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 827.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12523, Pub. L. 101-610, title I, Sec. 113, Nov.
    16, 1990, 104 Stat. 3134; Pub. L. 102-384, Sec. 4, Oct. 5, 1992,
    106 Stat. 1455, related to State grant applications, prior to
    repeal by Pub. L. 103-82, Sec. 103(a)(2).

-End-



-CITE-
    42 USC Sec. 12524                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part I - Serve-America Programs
    subpart a - school-based programs for students

-HEAD-
    Sec. 12524. Grants and allotments

-STATUTE-
    (a) Indian tribes and territories
      Of the amounts appropriated to carry out this subpart for any
    fiscal year, the Corporation shall reserve an amount of not more
    than 3 percent for payments to Indian tribes, the United States
    Virgin Islands, Guam, American Samoa, and the Commonwealth of the
    Northern Mariana Islands, to be allotted in accordance with their
    respective needs. The Corporation may also make payments from such
    amount to Palau, in accordance with its needs, until such time as
    the Compact of Free Association with Palau is ratified.
    (b) Grants and allotments through States
      The Corporation shall use the remainder of the funds appropriated
    to carry out this subpart for any fiscal year as follows:
      (1) Grants
        Except as provided in paragraph (3), from 25 percent of such
      remainder, the Corporation may make grants, on a competitive
      basis, to - 
          (A) States and Indian tribes; or
          (B) as described in section 12523 of this title, to
        grantmaking entities.
      (2) Allotments
        (A) School-age youth
          Except as provided in paragraph (3), from 37.5 percent of
        such remainder, the Corporation shall allot to each State an
        amount that bears the same ratio to 37.5 percent of such
        remainder as the number of school-age youth in the State bears
        to the total number of school-age youth of all States.
        (B) Allocation under Elementary and Secondary Education Act of
          1965
          Except as provided in paragraph (3), from 37.5 percent of
        such remainder, the Corporation shall allot to each State an
        amount that bears the same ratio to 37.5 percent of such
        remainder as the allocation to the State for the previous
        fiscal year under title I of the Elementary and Secondary
        Education Act of 1965 [20 U.S.C. 6301 et seq.] or its successor
        authority bears to such allocations to all States.
      (3) Minimum amount
        No State shall receive, under paragraph (2), an allotment that
      is less than the allotment such State received for fiscal year
      1993 under section 12522(b) of this title, as in effect on the
      day before September 21, 1993. If the amount of funds made
      available in a fiscal year to carry out paragraph (2) is
      insufficient to make such allotments, the Corporation shall make
      available sums from the 25 percent described in paragraph (1) for
      such fiscal year to make such allotments.
      (4) "State" defined
        Notwithstanding section 12511(26) of this title, for purposes
      of this subsection, the term "State" means each of the several
      States, the District of Columbia, and the Commonwealth of Puerto
      Rico.
    (c) Reallotment
      If the Corporation determines that the allotment of a State or
    Indian tribe under this section will not be required for a fiscal
    year because the State or Indian tribe does not submit an
    application for the allotment under section 12525 of this title
    that meets the requirements of such section and such other
    requirements as the Chief Executive Officer may determine to be
    appropriate, the Corporation shall, after making any grants under
    section 12522 of this title to a partnership or agency described in
    such section, make any remainder of such allotment available for
    reallotment to such other States, and Indian tribes, with approved
    applications submitted under section 12525 of this title, as the
    Corporation may determine to be appropriate.
    (d) Exception
      Notwithstanding subsections (a) and (b) of this section, if less
    than $20,000,000 is appropriated for any fiscal year to carry out
    this subpart, the Corporation shall award grants to States and
    Indian tribes, from the amount so appropriated, on a competitive
    basis to pay for the Federal share of the activities described in
    section 12521 of this title.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 112, as added Pub. L. 103-82, title
    I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 827; amended Pub. L.
    103-382, title III, Secs. 391(y), 394(h)(2), Oct. 20, 1994, 108
    Stat. 4026, 4028.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For ratification of Compact of Free Association with Palau,
    referred to in subsec. (a), see Proc. No. 6726, Sept. 27, 1994, 59
    F.R. 49777, set out as a note under section 1931 of Title 48,
    Territories and Insular Possessions.
      The Elementary and Secondary Education Act of 1965, referred to
    in subsec. (b)(2)(B), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27,
    as amended. Title I of the Act is classified generally to
    subchapter I (Sec. 6301 et seq.) of chapter 70 of Title 20,
    Education. For complete classification of this Act to the Code, see
    Short Title note set out under section 6301 of Title 20 and Tables.
      Section 12522(b) of this title, as in effect on the day before
    September 21, 1993, referred to in subsec. (b)(3), means former
    section 12522(b) which was repealed by Pub. L. 103-82, title I,
    Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 825.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12524, Pub. L. 101-610, title I, Sec. 114, Nov.
    16, 1990, 104 Stat. 3135; Pub. L. 102-10, Sec. 4(4), Mar. 12, 1991,
    105 Stat. 30, related to local applications for assistance, prior
    to repeal by Pub. L. 103-82, Sec. 103(a)(2).
      A prior section 112 of Pub. L. 101-610 was classified to section
    12522 of this title prior to repeal by Pub. L. 103-82.

                                AMENDMENTS                            
      1994 - Subsec. (b)(2)(B). Pub. L. 103-382, Sec. 394(h)(2),
    inserted "or its successor authority" before "bears to such".
      Pub. L. 103-382, Sec. 391(y), substituted "title I of" for
    "chapter 1 of title I of".

-End-



-CITE-
    42 USC Sec. 12525                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part I - Serve-America Programs
    subpart a - school-based programs for students

-HEAD-
    Sec. 12525. State or tribal applications

-STATUTE-
    (a) Submission
      To be eligible to receive a grant under section 12524(b)(1) of
    this title, an allotment under subsection (a) or (b)(2) of section
    12524 of this title, a reallotment under section 12524(c) of this
    title, or a grant under section 12524(d) of this title, a State,
    acting through the State educational agency, or an Indian tribe,
    shall prepare, submit to the Corporation, and obtain approval of,
    an application at such time and in such manner as the Chief
    Executive Officer may reasonably require.
    (b) Contents
      An application that is submitted under subsection (a) of this
    section with respect to service-learning programs described in
    section 12521 of this title shall include - 
        (1) a 3-year strategic plan, or a revision of a previously
      approved 3-year strategic plan, for promoting service-learning
      through the programs, which plan shall contain such information
      as the Chief Executive Officer may reasonably require, including
      information demonstrating that the programs will be carried out
      in a manner consistent with the approved strategic plan;
        (2) assurances that - 
          (A) the applicant will keep such records and provide such
        information to the Corporation with respect to the programs as
        may be required for fiscal audits and program evaluation; and
          (B) the applicant will comply with the nonduplication and
        nondisplacement requirements of section 12637 of this title and
        the grievance procedure requirements of section 12636(f) of
        this title; and

        (3) such additional information as the Chief Executive Officer
      may reasonably require.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 113, as added Pub. L. 103-82, title
    I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 829.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12525, Pub. L. 101-610, title I, Sec. 115, Nov.
    16, 1990, 104 Stat. 3137; Pub. L. 102-384, Sec. 4, Oct. 5, 1992,
    106 Stat. 1455, related to priority applications and private school
    participation, prior to repeal by Pub. L. 103-82, Sec. 103(a)(2).
      A prior section 113 of Pub. L. 101-610 was classified to section
    12523 of this title prior to repeal by Pub. L. 103-82.

-End-



-CITE-
    42 USC Sec. 12526                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part I - Serve-America Programs
    subpart a - school-based programs for students

-HEAD-
    Sec. 12526. Local applications

-STATUTE-
    (a) Application to Corporation to make grants for school-based
      service-learning programs
      (1) In general
        To be eligible to receive a grant in accordance with section
      12523(a) of this title to make grants relating to school-based
      service-learning programs described in section 12521(a) of this
      title, a grantmaking entity shall prepare, submit to the
      Corporation, and obtain approval of, an application.
      (2) Submission
        Such application shall be submitted at such time and in such
      manner, and shall contain such information, as the Chief
      Executive Officer may reasonably require. Such application shall
      include a proposal to assist such programs in more than 1 State.
    (b) Direct application to Corporation to carry out school-based
      service-learning programs in nonparticipating States
      To be eligible to receive a grant from the Corporation in the
    circumstances described in section 12522 of this title to carry out
    an activity as described in such section, a partnership or agency
    described in such section shall prepare, submit to the Corporation,
    and obtain approval of, an application. Such application shall be
    submitted at such time and in such manner, and shall contain such
    information, as the Chief Executive Officer may reasonably require.
    (c) Application to State or Indian tribe to receive assistance to
      carry out school-based service-learning programs
      (1) In general
        Any - 
          (A) qualified organization that desires to receive financial
        assistance under this subpart from a State or Indian tribe for
        an activity described in section 12521(a)(1) of this title;
          (B) partnership described in section 12521(a)(2) of this
        title that desires to receive such assistance from a State,
        Indian tribe, or grantmaking entity for an activity described
        in section 12521(a)(2) of this title;
          (C) agency described in section 12521(a)(3) of this title
        that desires to receive such assistance from a State or Indian
        tribe for an activity described in such section; or
          (D) partnership described in section 12521(a)(4) of this
        title that desires to receive such assistance from a State or
        Indian tribe for an activity described in such section,

      to be carried out through a service-learning program described in
      section 12521 of this title, shall prepare, submit to the State
      educational agency, Indian tribe, or grantmaking entity, and
      obtain approval of, an application for the program.
      (2) Submission
        Such application shall be submitted at such time and in such
      manner, and shall contain such information, as the agency, tribe,
      or entity may reasonably require.
    (d) Regulations
      The Corporation shall by regulation establish standards for the
    information and assurances required to be contained in an
    application submitted under subsection (a) or (b) of this section
    with respect to a service-learning program described in section
    12521 of this title, including, at a minimum, assurances that - 
        (1) prior to the placement of a participant, the entity
      carrying out the program will consult with the appropriate local
      labor organization, if any, representing employees in the area
      who are engaged in the same or similar work as that proposed to
      be carried out by such program, to prevent the displacement and
      protect the rights of such employees;
        (2) the entity carrying out the program will develop an age-
      appropriate learning component for participants in the program
      that shall include a chance for participants to analyze and apply
      their service experiences; and
        (3) the entity carrying out the program will comply with the
      nonduplication and nondisplacement requirements of section 12637
      of this title and the grievance procedure requirements of section
      12636(f) of this title.
    (e) Limitation on same project in multiple applications
      No applicant shall submit an application under section 12525 of
    this title or this section, and the Corporation shall reject an
    application that is submitted under section 12525 of this title or
    this section, if the application describes a project proposed to be
    conducted using assistance requested by the applicant and the
    project is already described in another application pending before
    the Corporation.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 114, as added Pub. L. 103-82, title
    I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 829.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12526, Pub. L. 101-610, title I, Sec. 116, Nov.
    16, 1990, 104 Stat. 3138; Pub. L. 102-384, Sec. 4, Oct. 5, 1992,
    106 Stat. 1455, prescribed Federal and local project contributions,
    prior to repeal by Pub. L. 103-82, Sec. 103(a)(2).
      A prior section 114 of Pub. L. 101-610 was classified to section
    12524 of this title prior to repeal by Pub. L. 103-82.

-End-



-CITE-
    42 USC Sec. 12527                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part I - Serve-America Programs
    subpart a - school-based programs for students

-HEAD-
    Sec. 12527. Consideration of applications

-STATUTE-
    (a) Criteria for applications
      In approving applications for financial assistance under
    subsection (a), (b), (c), or (d) of section 12524 of this title,
    the Corporation shall consider such criteria with respect to
    sustainability, replicability, innovation, and quality of programs
    under this subpart as the Chief Executive Officer may by regulation
    specify. In providing assistance under this subpart, a State
    educational agency, Indian tribe, or grantmaking entity shall
    consider such criteria.
    (b) Priority for local applications
      In providing assistance under this subpart, a State educational
    agency or Indian tribe, or the Corporation if section 12522 or
    12523 of this title applies, shall give priority to entities that
    submit applications under section 12526 of this title with respect
    to service-learning programs described in section 12521 of this
    title that - 
        (1) involve participants in the design and operation of the
      program;
        (2) are in the greatest need of assistance, such as programs
      targeting low-income areas;
        (3) involve - 
          (A) students from public elementary or secondary schools, and
        students from private elementary or secondary schools, serving
        together; or
          (B) students of different ages, races, sexes, ethnic groups,
        disabilities, or economic backgrounds, serving together; or

        (4) are integrated into the academic program of the
      participants.
    (c) Rejection of applications
      If the Corporation rejects an application submitted by a State
    under section 12525 of this title for an allotment under section
    12524(b)(2) of this title, the Corporation shall promptly notify
    the State of the reasons for the rejection of the application. The
    Corporation shall provide the State with a reasonable opportunity
    to revise and resubmit the application and shall provide technical
    assistance, if needed, to the State as part of the resubmission
    process. The Corporation shall promptly reconsider such resubmitted
    application.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 115, as added Pub. L. 103-82, title
    I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 830.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12527, Pub. L. 101-610, title I, Sec. 117, Nov.
    16, 1990, 104 Stat. 3138; Pub. L. 102-10, Sec. 4(5), Mar. 12, 1991,
    105 Stat. 30, prescribed authorized uses of funds, prior to repeal
    by Pub. L. 103-82, Sec. 103(a)(2).
      A prior section 115 of Pub. L. 101-610 was classified to section
    12525 of this title prior to repeal by Pub. L. 103-82.

-End-



-CITE-
    42 USC Sec. 12528                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part I - Serve-America Programs
    subpart a - school-based programs for students

-HEAD-
    Sec. 12528. Participation of students and teachers from private
      schools

-STATUTE-
    (a) In general
      To the extent consistent with the number of students in the State
    or Indian tribe or in the school district of the local educational
    agency involved who are enrolled in private nonprofit elementary
    and secondary schools, such State, Indian tribe, or agency shall
    (after consultation with appropriate private school
    representatives) make provision - 
        (1) for the inclusion of services and arrangements for the
      benefit of such students so as to allow for the equitable
      participation of such students in the programs implemented to
      carry out the objectives and provide the benefits described in
      this subpart; and
        (2) for the training of the teachers of such students so as to
      allow for the equitable participation of such teachers in the
      programs implemented to carry out the objectives and provide the
      benefits described in this subpart.
    (b) Waiver
      If a State, Indian tribe, or local educational agency is
    prohibited by law from providing for the participation of students
    or teachers from private nonprofit schools as required by
    subsection (a) of this section, or if the Corporation determines
    that a State, Indian tribe, or local educational agency
    substantially fails or is unwilling to provide for such
    participation on an equitable basis, the Chief Executive Officer
    shall waive such requirements and shall arrange for the provision
    of services to such students and teachers. Such waivers shall be
    subject to consultation, withholding, notice, and judicial review
    requirements in accordance with paragraphs (3) and (4) of section
    2727(b) of title 20, as in effect on the day preceding October 20,
    1994.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 115A, as added Pub. L. 103-82,
    title I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 831; amended
    Pub. L. 103-382, title III, Sec. 394(h)(3), Oct. 20, 1994, 108
    Stat. 4028.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2727(b) of title 20, referred to in subsec. (b), was in
    the original "section 1017(b) of the Elementary and Secondary
    Education Act of 1965 (20 U.S.C. 2727(b))", Pub. L. 89-10, and was
    omitted in the general amendment of that Act by Pub. L. 103-382,
    title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3519. See section 6311
    et seq. of Title 20, Education.


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b). Pub. L. 103-382 inserted before period at end
    ", as in effect on the day preceding October 20, 1994".

-End-



-CITE-
    42 USC Sec. 12529                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part I - Serve-America Programs
    subpart a - school-based programs for students

-HEAD-
    Sec. 12529. Federal, State, and local contributions

-STATUTE-
    (a) Share
      (1) In general
        The Federal share attributable to this subpart of the cost of
      carrying out a program for which a grant or allotment is made
      under this subpart may not exceed - 
          (A) 90 percent of the total cost of the program for the first
        year for which the program receives assistance under this
        subpart;
          (B) 80 percent of the total cost of the program for the
        second year for which the program receives assistance under
        this subpart;
          (C) 70 percent of the total cost of the program for the third
        year for which the program receives assistance under this
        subpart; and
          (D) 50 percent of the total cost of the program for the
        fourth year, and for any subsequent year, for which the program
        receives assistance under this subpart.
      (2) Calculation
        In providing for the remaining share of the cost of carrying
      out such a program, each recipient of assistance under this
      subpart - 
          (A) shall provide for such share through a payment in cash or
        in kind, fairly evaluated, including facilities, equipment, or
        services; and
          (B) may provide for such share through State sources, local
        sources, or Federal sources (other than funds made available
        under the national service laws).
    (b) Waiver
      The Chief Executive Officer may waive the requirements of
    subsection (a) of this section in whole or in part with respect to
    any such program in any fiscal year if the Corporation determines
    that such a waiver would be equitable due to a lack of available
    financial resources at the local level.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 116, as added Pub. L. 103-82, title
    I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 832.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 116 of Pub. L. 101-610 was classified to section
    12526 of this title prior to repeal by Pub. L. 103-82.

-End-



-CITE-
    42 USC Sec. 12530                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part I - Serve-America Programs
    subpart a - school-based programs for students

-HEAD-
    Sec. 12530. Limitations on uses of funds

-STATUTE-
    (a) Administrative costs
      (1) Limitation
        Not more than 5 percent of the amount of assistance provided to
      a State educational agency, Indian tribe, or grantmaking entity
      that is the original recipient of a grant or allotment under
      subsection (a), (b), (c), or (d) of section 12524 of this title
      for a fiscal year may be used to pay for administrative costs
      incurred by - 
          (A) the original recipient; or
          (B) the entity carrying out the service-learning programs
        supported with the assistance.
      (2) Rules on use
        The Chief Executive Officer may by rule prescribe the manner
      and extent to which - 
          (A) such assistance may be used to cover administrative
        costs; and
          (B) that portion of the assistance available to cover
        administrative costs should be distributed between - 
            (i) the original recipient; and
            (ii) the entity carrying out the service-learning programs
          supported with the assistance.
    (b) Capacity-building activities
      (1) In general
        Except as provided in paragraph (2), not less than 10 percent
      and not more than 15 percent of the amount of assistance provided
      to a State educational agency or Indian tribe that is the
      original recipient of a grant or allotment under subsection (a),
      (b), (c), or (d) of section 12524 of this title for a fiscal year
      may be used to build capacity through training, technical
      assistance, curriculum development, and coordination activities,
      described in section 12521(a)(1) of this title.
      (2) Waiver
        The Chief Executive Officer may waive the requirements of
      paragraph (1) in order to permit an agency or a tribe to use not
      less than 10 percent and not more than 20 percent of such amount
      to build capacity as provided in paragraph (1). To be eligible to
      receive such a waiver such an agency or tribe shall submit an
      application to the Chief Executive Officer at such time, in such
      manner, and containing such information as the Chief Executive
      Officer may require.
    (c) Local uses of funds
      Funds made available under this subpart may not be used to pay
    any stipend, allowance, or other financial support to any student
    who is a participant under this division, except reimbursement for
    transportation, meals, and other reasonable out-of-pocket expenses
    directly related to participation in a program assisted under this
    subpart.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 116A, as added Pub. L. 103-82,
    title I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 832.)

-End-



-CITE-
    42 USC Sec. 12531                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part I - Serve-America Programs
    subpart a - school-based programs for students

-HEAD-
    Sec. 12531. Definitions

-STATUTE-
      As used in this subpart:
      (1) Grantmaking entity
        The term "grantmaking entity" means an organization described
      in section 12523(a) of this title.
      (2) School-based
        The term "school-based" means based in an elementary school or
      a secondary school.
      (3) Student
        Notwithstanding section 12511(29) of this title, the term
      "student" means an individual who is enrolled in an elementary or
      secondary school on a full- or part-time basis.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 116B, as added Pub. L. 103-82,
    title I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 833.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12531, Pub. L. 101-610, title I, Sec. 118, Nov.
    16, 1990, 104 Stat. 3139; Pub. L. 102-10, Sec. 4(6), Mar. 12, 1991,
    105 Stat. 30, related to higher education innovative projects for
    community service, prior to repeal by Pub. L. 103-82, Sec. 103(b).

-End-


-CITE-
    42 USC subpart b - community-based service programs for
           school-age youth                                01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part I - Serve-America Programs
    subpart b - community-based service programs for school-age youth

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

-End-



-CITE-
    42 USC Sec. 12541                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part I - Serve-America Programs
    subpart b - community-based service programs for school-age youth

-HEAD-
    Sec. 12541. Definitions

-STATUTE-
      As used in this subpart:
      (1) Community-based service program
        The term "community-based service program" means a program
      described in section 12542(b)(1)(A) of this title.
      (2) Grantmaking entity
        The term "grantmaking entity" means a qualified organization
      that - 
          (A) submits an application under section 12544(a) of this
        title to make grants to qualified organizations;
          (B) was in existence at least 1 year before the date on which
        the organization submitted the application; and
          (C) meets such other criteria as the Chief Executive Officer
        shall establish.
      (3) Qualified organization
        The term "qualified organization" means a public or private
      nonprofit organization with experience working with school-age
      youth that meets such criteria as the Chief Executive Officer may
      establish.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 117, as added Pub. L. 103-82, title
    I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 833.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12541, Pub. L. 101-610, title I, Sec. 121, Nov.
    16, 1990, 104 Stat. 3140, as amended, which prescribed general
    authority of Commission to make grants and transfer funds for youth
    corps programs, was renumbered section 199A of Pub. L. 101-610 by
    Pub. L. 103-82, Sec. 101(a), and transferred to section 12655 of
    this title.
      A prior section 117 of Pub. L. 101-610 was classified to section
    12527 of this title prior to repeal by Pub. L. 103-82.

-End-



-CITE-
    42 USC Sec. 12542                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part I - Serve-America Programs
    subpart b - community-based service programs for school-age youth

-HEAD-
    Sec. 12542. General authority

-STATUTE-
    (a) Grants
      From the funds appropriated to carry out this subpart for a
    fiscal year, the Corporation may make grants to State Commissions,
    grantmaking entities, and qualified organizations to pay for the
    Federal share of the implementation, operation, expansion, or
    replication of community-based service programs.
    (b) Use of funds
      (1) State Commissions and grantmaking entities
        A State Commission or grantmaking entity may use a grant made
      under subsection (a) of this section - 
          (A) to make a grant to a qualified organization to implement,
        operate, expand, or replicate a community-based service program
        that provides for meaningful human, educational, environmental,
        or public safety service by participants, who shall be school-
        age youth; or
          (B) to provide training and technical assistance to such an
        organization.
      (2) Qualified organizations
        A qualified organization, other than a grantmaking entity, may
      use a grant made under subsection (a) of this section to
      implement, operate, expand, or replicate a program described in
      paragraph (1)(A).

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 117A, as added Pub. L. 103-82,
    title I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 833.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12542, Pub. L. 101-610, title I, Sec. 122, Nov.
    16, 1990, 104 Stat. 3140, as amended, which related to allocation
    of funds by Commission for conservation and youth corps programs,
    was renumbered section 199B of Pub. L. 101-610 by Pub. L. 103-82,
    Sec. 101(a), and transferred to section 12655a of this title.

-End-



-CITE-
    42 USC Sec. 12543                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part I - Serve-America Programs
    subpart b - community-based service programs for school-age youth

-HEAD-
    Sec. 12543. State applications

-STATUTE-
    (a) In general
      To be eligible to receive a grant under section 12542(a) of this
    title, a State Commission shall prepare, submit to the Corporation,
    and obtain approval of, an application.
    (b) Submission
      Such application shall be submitted to the Corporation at such
    time and in such manner, and shall contain such information, as the
    Chief Executive Officer may reasonably require.
    (c) Contents
      Such an application shall include, at a minimum, a State plan
    that contains the information and assurances described in section
    12544(d) of this title with respect to each community-based service
    program proposed to be carried out through funding distributed by
    the State Commission under this subpart.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 117B, as added Pub. L. 103-82,
    title I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 834.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12543, Pub. L. 101-610, title I, Sec. 123, Nov.
    16, 1990, 104 Stat. 3141, as amended, which related to applications
    for assistance by States, Indian tribes and other local applicants,
    was renumbered section 199C of Pub. L. 101-610 by Pub. L. 103-82,
    Sec. 101(a), and transferred to section 12655b of this title.

-End-



-CITE-
    42 USC Sec. 12544                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part I - Serve-America Programs
    subpart b - community-based service programs for school-age youth

-HEAD-
    Sec. 12544. Local applications

-STATUTE-
    (a) Application to Corporation to make grants for community-based
      service programs
      To be eligible to receive a grant from the Corporation under
    section 12542(a) of this title to make grants under section
    12542(b)(1) of this title, a grantmaking entity shall prepare,
    submit to the Corporation, and obtain approval of, an application
    that proposes a community-based service program to be carried out
    through grants made to qualified organizations. Such application
    shall be submitted at such time and in such manner, and shall
    contain such information, as the Chief Executive Officer may
    reasonably require.
    (b) Direct application to Corporation to carry out community-based
      service programs
      To be eligible to receive a grant from the Corporation under
    section 12542(a) of this title to implement, operate, expand, or
    replicate a community service program, a qualified organization
    shall prepare, submit to the Corporation, and obtain approval of,
    an application that proposes a community-based service program to
    be carried out at multiple sites, or that proposes an innovative
    community-based service program. Such application shall be
    submitted at such time and in such manner, and shall contain such
    information, as the Chief Executive Officer may reasonably require.
    (c) Application to State Commission or grantmaking entity to
      receive grants to carry out community-based service programs
      To be eligible to receive a grant from a State Commission or
    grantmaking entity under section 12542(b)(1) of this title, a
    qualified organization shall prepare, submit to the Commission or
    entity, and obtain approval of, an application. Such application
    shall be submitted at such time and in such manner, and shall
    contain such information, as the Commission or entity may
    reasonably require.
    (d) Regulations
      The Corporation shall by regulation establish standards for the
    information and assurances required to be contained in an
    application submitted under subsection (a) or (b) of this section
    with respect to a community-based service program, including, at a
    minimum - 
        (1) an assurance that the entity carrying out the program
      proposed by the applicant will comply with the nonduplication and
      nondisplacement provisions of section 12637 of this title and the
      grievance procedure requirements of section 12636(f) of this
      title;
        (2) an assurance that the entity carrying out the program will,
      prior to placing a participant in the program, consult with the
      appropriate local labor organization, if any, representing
      employees in the area in which the program will be carried out
      that are engaged in the same or similar work as the work proposed
      to be carried out by the program, to prevent the displacement of
      such employees; and
        (3) in the case of an application submitted by a grantmaking
      entity, information demonstrating that the entity will make
      grants for a program to - 
          (A) carry out activities described in section 12542(b)(1) of
        this title in two or more States, under circumstances in which
        the activities carried out under such program can be carried
        out more efficiently through one program than through two or
        more programs; and
          (B) carry out the same activities, such as training
        activities or activities related to exchanging information on
        service experiences, through each of the projects assisted
        through the program.
    (e) Limitation on same project in multiple applications
      No applicant shall submit an application under section 12543 of
    this title or this section, and the Corporation shall reject an
    application that is submitted under section 12543 of this title or
    this section, if the application describes a project proposed to be
    conducted using assistance requested by the applicant and the
    project is already described in another application pending before
    the Corporation.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 117C, as added Pub. L. 103-82,
    title I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 834.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12544, Pub. L. 101-610, title I, Sec. 124, Nov.
    16, 1990, 104 Stat. 3143, as amended, which prescribed appropriate
    focus for conservation and youth service corps programs, was
    renumbered section 199D of Pub. L. 101-610 by Pub. L. 103-82, Sec.
    101(a), and transferred to section 12655c of this title.

-End-



-CITE-
    42 USC Sec. 12545                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part I - Serve-America Programs
    subpart b - community-based service programs for school-age youth

-HEAD-
    Sec. 12545. Consideration of applications

-STATUTE-
    (a) Application of criteria
      The Corporation shall apply the criteria described in subsection
    (b) of this section in determining whether to approve an
    application submitted under section 12543 of this title or under
    subsection (a) or (b) of section 12544 of this title and to provide
    assistance under section 12542 of this title to the applicant on
    the basis of the application.
    (b) Assistance criteria
      In evaluating such an application with respect to a program under
    this subpart, the Corporation shall consider the criteria
    established for national service programs under section 12585(c) of
    this title.
    (c) Application to subgrants
      A State Commission or grantmaking entity shall apply the criteria
    described in subsection (b) of this section in determining whether
    to approve an application under section 12544(c) of this title and
    to make a grant under section 12542(b)(1) of this title to the
    applicant on the basis of the application.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 117D, as added Pub. L. 103-82,
    title I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 835.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12545, Pub. L. 101-610, title I, Sec. 125, Nov.
    16, 1990, 104 Stat. 3144, which related to administration of
    related programs, was renumbered section 199E of Pub. L. 101-610 by
    Pub. L. 103-82, Sec. 101(a), and transferred to section 12655d of
    this title.

-End-



-CITE-
    42 USC Sec. 12546                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part I - Serve-America Programs
    subpart b - community-based service programs for school-age youth

-HEAD-
    Sec. 12546. Federal, State, and local contributions

-STATUTE-
    (a) Federal share
      (1) In general
        The Federal share attributable to this subpart of the cost of
      carrying out a program for which a grant is made under this
      subpart may not exceed the percentage specified in subparagraph
      (A), (B), (C), or (D) of section 12529(a)(1) of this title, as
      appropriate.
      (2) Calculation
        Each recipient of assistance under this subpart shall comply
      with section 12529(a)(2) of this title.
    (b) Waiver
      The Chief Executive Officer may waive the requirements of
    subsection (a) of this section, in whole or in part, as provided in
    section 12529(b) of this title.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 117E, as added Pub. L. 103-82,
    title I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 836.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12546, Pub. L. 101-610, title I, Sec. 126, Nov.
    16, 1990, 104 Stat. 3144, which related to program activities on
    public or Indian lands, was renumbered section 199F of Pub. L. 101-
    610 by Pub. L. 103-82, Sec. 101(a), and transferred to section
    12655e of this title.

-End-



-CITE-
    42 USC Sec. 12547                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part I - Serve-America Programs
    subpart b - community-based service programs for school-age youth

-HEAD-
    Sec. 12547. Limitations on uses of funds

-STATUTE-
    (a) Administrative costs
      Not more than 5 percent of the amount of assistance provided to a
    State Commission, grantmaking entity, or qualified organization
    that is the original recipient of a grant under section 12542(a) of
    this title for a fiscal year may be used to pay for administrative
    costs incurred by - 
        (1) the original recipient; or
        (2) the entity carrying out the community-based service
      programs supported with the assistance.
    (b) Rules on use
      The Chief Executive Officer may by rule prescribe the manner and
    extent to which - 
        (1) such assistance may be used to cover administrative costs;
      and
        (2) that portion of the assistance available to cover
      administrative costs should be distributed between - 
          (A) the original recipient; and
          (B) the entity carrying out the community-based service
        programs supported with the assistance.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 117F, as added Pub. L. 103-82,
    title I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 836.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12547, Pub. L. 101-610, title I, Sec. 127, Nov.
    16, 1990, 104 Stat. 3145, which related to training and education
    services, was renumbered section 199G of Pub. L. 101-610 by Pub. L.
    103-82, Sec. 101(a), and transferred to section 12655f of this
    title.
      A prior section 12548, Pub. L. 101-610, title I, Sec. 128, Nov.
    16, 1990, 104 Stat. 3146, as amended, which related to amount of
    award and matching requirement, was renumbered section 199H of Pub.
    L. 101-610 by Pub. L. 103-82, title I, Sec. 101(a), Sept. 21, 1993,
    107 Stat. 788, and transferred to section 12655g of this title,
    prior to repeal by Pub. L. 103-82, Sec. 101(e)(8)(A).
      A prior section 12549, Pub. L. 101-610, title I, Sec. 129, Nov.
    16, 1990, 104 Stat. 3146, which related to preference for certain
    projects, was successively renumbered section 199I, then 199H, of
    Pub. L. 101-610 by Pub. L. 103-82, Sec. 101(a), (e)(8)(B), and
    transferred to section 12655h of this title.
      A prior section 12550, Pub. L. 101-610, title I, Sec. 130, Nov.
    16, 1990, 104 Stat. 3146, as amended, which related to age and
    citizenship criteria for enrollment, was successively renumbered
    section 199J, then 199I, of Pub. L. 101-610 by Pub. L. 103-82, Sec.
    101(a), (e)(8)(B), and transferred to section 12655i of this title.

-End-


-CITE-
    42 USC subpart c - clearinghouse                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part I - Serve-America Programs
    subpart c - clearinghouse

-HEAD-
                         SUBPART C - CLEARINGHOUSE                     

-End-



-CITE-
    42 USC Sec. 12551                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part I - Serve-America Programs
    subpart c - clearinghouse

-HEAD-
    Sec. 12551. Service-learning clearinghouse

-STATUTE-
    (a) In general
      The Corporation shall provide financial assistance, from funds
    appropriated to carry out division H of this subchapter, to
    organizations described in subsection (b) of this section to
    establish a clearinghouse, which shall carry out activities, either
    directly or by arrangement with another such organization, with
    respect to information about service-learning.
    (b) Public or private nonprofit organizations
      Public or private nonprofit organizations that have extensive
    experience with service-learning, including use of adult volunteers
    to foster service-learning, shall be eligible to receive assistance
    under subsection (a) of this section.
    (c) Function of clearinghouse
      An organization that receives assistance under subsection (a) of
    this section may - 
        (1) assist entities carrying out State or local service-
      learning programs with needs assessments and planning;
        (2) conduct research and evaluations concerning service-
      learning;
        (3)(A) provide leadership development and training to State and
      local service-learning program administrators, supervisors,
      service sponsors, and participants; and
        (B) provide training to persons who can provide the leadership
      development and training described in subparagraph (A);
        (4) facilitate communication among entities carrying out
      service-learning programs and participants in such programs;
        (5) provide information, curriculum materials, and technical
      assistance relating to planning and operation of service-learning
      programs, to States and local entities eligible to receive
      financial assistance under this subchapter;
        (6) provide information regarding methods to make service-
      learning programs accessible to individuals with disabilities;
        (7)(A) gather and disseminate information on successful service-
      learning programs, components of such successful programs,
      innovative youth skills curricula related to service-learning,
      and service-learning projects; and
        (B) coordinate the activities of the Clearinghouse (!1) with
      appropriate entities to avoid duplication of effort;

        (8) make recommendations to State and local entities on quality
      controls to improve the quality of service-learning programs;
        (9) assist organizations in recruiting, screening, and placing
      service-learning coordinators; and
        (10) carry out such other activities as the Chief Executive
      Officer determines to be appropriate.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 118, as added Pub. L. 103-82, title
    I, Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 836.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12551, Pub. L. 101-610, title I, Sec. 131, Nov.
    16, 1990, 104 Stat. 3147, which related to use of volunteers in
    assisting program projects, was successively renumbered section
    199K, then 199J, of Pub. L. 101-610 by Pub. L. 103-82, Sec. 101(a),
    (e)(8)(B), and transferred to section 12655j of this title.
      A prior section 118 of Pub. L. 101-610 was classified to section
    12531 of this title prior to repeal by Pub. L. 103-82.
      A prior section 12552, Pub. L. 101-610, title I, Sec. 132, Nov.
    16, 1990, 104 Stat. 3147, which related to post-service benefits,
    was renumbered section 199L of Pub. L. 101-610 by Pub. L. 103-82,
    Sec. 101(a), and transferred to section 12655k of this title, prior
    to repeal by Pub. L. 103-82, Sec. 101(e)(8)(A).
      A prior section 12553, Pub. L. 101-610, title I, Sec. 133, Nov.
    16, 1990, 104 Stat. 3147, as amended, which related to living
    allowance, was successively renumbered section 199M, then 199K, of
    Pub. L. 101-610 by Pub. L. 103-82, Sec. 101(a), (e)(8)(B), and
    transferred to section 12655l of this title.
      A prior section 12554, Pub. L. 101-610, title I, Sec. 134, Nov.
    16, 1990, 104 Stat. 3148, which related to joint programs, was
    successively renumbered section 199N, then 199L, of Pub. L. 101-610
    by Pub. L. 103-82, Sec. 101(a), (e)(8)(B), and transferred to
    section 12655m of this title.
      A prior section 12555, Pub. L. 101-610, title I, Sec. 135, Nov.
    16, 1990, 104 Stat. 3149, which related to Federal and State
    employee status, was successively renumbered section 199O, then
    199M, of Pub. L. 101-610 by Pub. L. 103-82, Sec. 101(a), (e)(8)(B),
    and transferred to section 12655n of this title.
      A prior section 12556, Pub. L. 101-610, title I, Sec. 136, Nov.
    16, 1990, 104 Stat. 3150, directed Commission on National and
    Community Service to promulgate regulations implementing American
    Conservation Youth Corps program and established procedures for
    promulgation, prior to repeal by Pub. L. 102-10, Sec. 5(7), Mar.
    12, 1991, 105 Stat. 31.

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


-End-


-CITE-
    42 USC Part II - Higher Education Innovative Programs for
           Community Service                               01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part II - Higher Education Innovative Programs for Community Service

-HEAD-
       PART II - HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY
                                  SERVICE

-End-



-CITE-
    42 USC Sec. 12561                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division B - School-Based and Community-Based Service-Learning
                  Programs                        
    Part II - Higher Education Innovative Programs for Community Service

-HEAD-
    Sec. 12561. Higher education innovative programs for community
      service

-STATUTE-
    (a) Purpose
      It is the purpose of this part to expand participation in
    community service by supporting innovative community service
    programs carried out through institutions of higher education,
    acting as civic institutions to meet the human, educational,
    environmental, or public safety needs of neighboring communities.
    (b) General authority
      The Corporation, in consultation with the Secretary of Education,
    is authorized to make grants to, and enter into contracts with,
    institutions of higher education (including a combination of such
    institutions), and partnerships comprised of such institutions and
    of other public or private nonprofit organizations, to pay for the
    Federal share of the cost of - 
        (1) enabling such an institution or partnership to create or
      expand an organized community service program that - 
          (A) engenders a sense of social responsibility and commitment
        to the community in which the institution is located; and
          (B) provides projects for participants, who shall be
        students, faculty, administration, or staff of the institution,
        or residents of the community;

        (2) supporting student-initiated and student-designed community
      service projects through the program;
        (3) strengthening the leadership and instructional capacity of
      teachers at the elementary, secondary, and postsecondary levels,
      with respect to service-learning, by - 
          (A) including service-learning as a key component of the
        preservice teacher education of the institution; and
          (B) encouraging the faculty of the institution to use service-
        learning methods throughout their curriculum;

        (4) facilitating the integration of community service carried
      out under the program into academic curricula, including
      integration of clinical programs into the curriculum for students
      in professional schools, so that students can obtain credit for
      their community service projects;
        (5) supplementing the funds available to carry out work-study
      programs under part C of title IV of the Higher Education Act of
      1965 (42 U.S.C. 2751 et seq.) to support service-learning and
      community service through the community service program;
        (6) strengthening the service infrastructure within
      institutions of higher education in the United States through the
      program; and
        (7) providing for the training of teachers, prospective
      teachers, related education personnel, and community leaders in
      the skills necessary to develop, supervise, and organize service-
      learning.
    (c) Federal share
      (1) Share
        (A) In general
          The Federal share of the cost of carrying out a community
        service project for which a grant or contract is awarded under
        this part may not exceed 50 percent.
        (B) Calculation
          Each recipient of assistance under this part shall comply
        with section 12529(a)(2) of this title.
      (2) Waiver
        The Chief Executive Officer may waive the requirements of
      paragraph (1), in whole or in part, as provided in section
      12529(b) of this title.
    (d) Application for grant
      (1) Submission
        To receive a grant or enter into a contract under this part, an
      institution or partnership described in subsection (b) of this
      section shall prepare, submit to the Corporation, and obtain
      approval of, an application at such time, in such manner, and
      containing such information and assurances as the Corporation may
      reasonably require. In requesting applications for assistance
      under this part, the Corporation shall specify such required
      information and assurances.
      (2) Contents
        An application submitted under paragraph (1) shall contain, at
      a minimum - 
          (A) assurances that - 
            (i) prior to the placement of a participant, the applicant
          will consult with the appropriate local labor organization,
          if any, representing employees in the area who are engaged in
          the same or similar work as that proposed to be carried out
          by such program, to prevent the displacement and protect the
          rights of such employees; and
            (ii) the applicant will comply with the nonduplication and
          nondisplacement provisions of section 12637 of this title and
          grievance procedure requirements of section 12636(f) of this
          title; and

          (B) such other assurances as the Chief Executive Officer may
        reasonably require.
    (e) Priority
      (1) In general
        In making grants and entering into contracts under subsection
      (b) of this section, the Corporation shall give priority to
      applicants that submit applications containing proposals that - 
          (A) demonstrate the commitment of the institution of higher
        education, other than by demonstrating the commitment of the
        students, to supporting the community service projects carried
        out under the program;
          (B) specify the manner in which the institution will promote
        faculty, administration, and staff participation in the
        community service projects;
          (C) specify the manner in which the institution will provide
        service to the community through organized programs, including,
        where appropriate, clinical programs for students in
        professional schools;
          (D) describe any partnership that will participate in the
        community service projects, such as a partnership comprised of -
         
            (i) the institution;
            (ii)(I) a community-based agency;
            (II) a local government agency; or
            (III) a nonprofit entity that serves or involves school-age
          youth or older adults; and
            (iii) a student organization;

          (E) demonstrate community involvement in the development of
        the proposal;
          (F) specify that the institution will use such assistance to
        strengthen the service infrastructure in institutions of higher
        education; or
          (G) with respect to projects involving delivery of service,
        specify projects that involve leadership development of school-
        age youth.
      (2) Determination
        In giving priority to applicants under paragraph (1), the
      Corporation shall give increased priority to such an applicant
      for each characteristic described in subparagraphs (A) through
      (G) of paragraph (1) that is reflected in the application
      submitted by the applicant.
    (f) National service educational award
      A participant in a program funded under this part shall be
    eligible for the national service educational award described in
    division D of this subchapter, if the participant served in an
    approved national service position.
    (g) "Student" defined
      Notwithstanding section 12511(29) of this title, as used in this
    part, the term "student" means an individual who is enrolled in an
    institution of higher education on a full- or part-time basis.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 119, as added Pub. L. 103-82, title
    I, Sec. 103(b), Sept. 21, 1993, 107 Stat. 837.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Higher Education Act of 1965, referred to in subsec. (b)(5),
    is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Part C
    of title IV of the Act is classified generally to part C (Sec. 2751
    et seq.) of subchapter I of chapter 34 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1001 of Title 20, Education, and Tables.

-End-


-CITE-
    42 USC Division C - National Service Trust Program          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division C - National Service Trust Program

-HEAD-
                DIVISION C - NATIONAL SERVICE TRUST PROGRAM            


-MISC1-
                             PRIOR PROVISIONS                         
      This division is comprised of subtitle C, Secs. 121-141, of title
    I of Pub. L. 101-610. A prior part C (Sec. 12541 et seq.),
    comprised of subtitle C, Secs. 120-135, of title I of Pub. L. 101-
    610 was renumbered subtitle I, Secs. 199A-199O, of title I of Pub.
    L. 101-610 by Pub. L. 103-82, title I, Sec. 101(a), Sept. 21, 1993,
    107 Stat. 788, and transferred to division I of this subchapter.

-End-


-CITE-
    42 USC Part I - Investment in National Service              01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division C - National Service Trust Program
    Part I - Investment in National Service

-HEAD-
                  PART I - INVESTMENT IN NATIONAL SERVICE              

-End-



-CITE-
    42 USC Sec. 12571                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division C - National Service Trust Program
    Part I - Investment in National Service

-HEAD-
    Sec. 12571. Authority to provide assistance and approved national
      service positions

-STATUTE-
    (a) Provision of assistance
      Subject to the availability of appropriations for this purpose,
    the Corporation for National and Community Service may make grants
    to States, subdivisions of States, Indian tribes, public or private
    nonprofit organizations, and institutions of higher education for
    the purpose of assisting the recipients of the grants - 
        (1) to carry out full- or part-time national service programs,
      including summer programs, described in section 12572(a) of this
      title; and
        (2) to make grants in support of other national service
      programs described in section 12572(a) of this title that are
      carried out by other entities.
    (b) Agreements with Federal agencies
      (1) Agreements authorized
        The Corporation may enter into a contract or cooperative
      agreement with another Federal agency to support a national
      service program carried out by the agency. The support provided
      by the Corporation pursuant to the contract or cooperative
      agreement may include the transfer to the Federal agency of funds
      available to the Corporation under this division.
      (2) Matching funds requirements
        A Federal agency receiving assistance under this subsection
      shall not be required to satisfy the matching funds requirements
      specified in subsection (e) of this section. However, the
      supplementation requirements specified in section 12633 of this
      title shall apply with respect to the Federal national service
      programs supported with such assistance.
      (3) Consultation with State Commissions
        A Federal agency receiving assistance under this subsection
      shall consult with the State Commissions for those States in
      which projects will be conducted using such assistance in order
      to ensure that the projects do not duplicate projects conducted
      by State or local national service programs.
      (4) Support for other national service programs
        A Federal agency that enters into a contract or cooperative
      agreement under paragraph (1) shall, in an appropriate case,
      enter into a contract or cooperative agreement with an entity
      that is carrying out a national service program in a State that
      is in existence in the State as of the date of the contract or
      cooperative agreement and is of high quality, in order to support
      the national service program.
    (c) Provision of approved national service positions
      As part of the provision of assistance under subsections (a) and
    (b) of this section, the Corporation shall - 
        (1) approve the provision of national service educational
      awards described in division D of this subchapter for the
      participants who serve in national service programs carried out
      using such assistance; and
        (2) deposit in the National Service Trust established in
      section 12601(a) of this title an amount equal to the product of -
       
          (A) the value of a national service educational award under
        section 12603 of this title; and
          (B) the total number of approved national service positions
        to be provided.
    (d) Five percent limitation on administrative costs
      (1) Limitation
        Not more than 5 percent of the amount of assistance provided to
      the original recipient of a grant or transfer of assistance under
      subsection (a) or (b) of this section for a fiscal year may be
      used to pay for administrative costs incurred by - 
          (A) the recipient of the assistance; and
          (B) national service programs carried out or supported with
        the assistance.
      (2) Rules on use
        The Corporation may by rule prescribe the manner and extent to
      which - 
          (A) assistance provided under subsection (a) or (b) of this
        section may be used to cover administrative costs; and
          (B) that portion of the assistance available to cover
        administrative costs should be distributed between - 
            (i) the original recipient of the grant or transfer of
          assistance under such subsection; and
            (ii) national service programs carried out or supported
          with the assistance.
    (e) Matching funds requirements
      (1) Requirements
        Except as provided in section 12594 of this title, the Federal
      share of the cost of carrying out a national service program that
      receives the assistance under subsection (a) of this section,
      whether the assistance is provided directly or as a subgrant from
      the original recipient of the assistance, may not exceed 75
      percent of such cost.
      (2) Calculation
        In providing for the remaining share of the cost of carrying
      out a national service program, the program - 
          (A) shall provide for such share through a payment in cash or
        in kind, fairly evaluated, including facilities, equipment, or
        services; and
          (B) may provide for such share through State sources, local
        sources, or other Federal sources (other than the use of funds
        made available under the national service laws).
      (3) Cost of health care
        In providing a payment in cash under paragraph (2)(A) as part
      of providing for the remaining share of the cost of carrying out
      a national service program, the program may count not more than
      85 percent of the cost of providing a health care policy
      described in section 12594(d)(2) of this title toward such share.
      (4) Waiver
        The Corporation may waive in whole or in part the requirements
      of paragraph (1) with respect to a national service program in
      any fiscal year if the Corporation determines that such a waiver
      would be equitable due to a lack of available financial resources
      at the local level.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 121, as added Pub. L. 103-82, title
    I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 788.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12571, Pub. L. 101-610, title I, Sec. 141, Nov.
    16, 1990, 104 Stat. 3150, related to general authority to make
    grants for national and community service programs, prior to the
    general amendment of subtitle D of title I of Pub. L. 101-610
    [formerly part D of this subchapter] by Pub. L. 103-82, Sec.
    102(a).
      A prior section 121 of Pub. L. 101-610 was renumbered section
    199A, and is classified to section 12655 of this title.

                              EFFECTIVE DATE                          
      Division effective Oct. 1, 1993, see section 123 of Pub. L. 103-
    82, set out as an Effective Date of 1993 Amendment note under
    section 1701 of Title 16, Conservation.

-End-



-CITE-
    42 USC Sec. 12572                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division C - National Service Trust Program
    Part I - Investment in National Service

-HEAD-
    Sec. 12572. Types of national service programs eligible for program
      assistance

-STATUTE-
    (a) Eligible national service programs
      The recipient of a grant under section 12571(a) of this title and
    each Federal agency receiving assistance under section 12571(b) of
    this title shall use the assistance, directly or through subgrants
    to other entities, to carry out full- or part-time national service
    programs, including summer programs, that address unmet human,
    educational, environmental, or public safety needs. Subject to
    subsection (b)(1) of this section, these national service programs
    may include the following types of national service programs:
        (1) A community corps program that meets unmet human,
      educational, environmental, or public safety needs and promotes
      greater community unity through the use of organized teams of
      participants of varied social and economic backgrounds, skill
      levels, physical and developmental capabilities, ages, ethnic
      backgrounds, or genders.
        (2) A full-time, year-round youth corps program or full-time
      summer youth corps program, such as a conservation corps or youth
      service corps (including youth corps programs under division I of
      this subchapter, the Public Lands Corps established under the
      Public Lands Corps Act of 1993 [16 U.S.C. 1721 et seq.], the
      Urban Youth Corps established under section 12656 of this title,
      and other conservation corps or youth service corps that performs
      service on Federal or other public lands or on Indian lands or
      Hawaiian home lands), that - 
          (A) undertakes meaningful service projects with visible
        public benefits, including natural resource, urban renovation,
        or human services projects;
          (B) includes as participants youths and young adults between
        the ages of 16 and 25, inclusive, including out-of-school
        youths and other disadvantaged youths (such as youths with
        limited basic skills, youths in foster care who are becoming
        too old for foster care, youths of limited-English proficiency,
        homeless youths, and youths who are individuals with
        disabilities) who are between those ages; and
          (C) provides those participants who are youths and young
        adults with - 
            (i) crew-based, highly structured, and adult-supervised
          work experience, life skills, education, career guidance and
          counseling, employment training, and support services; and
            (ii) the opportunity to develop citizenship values and
          skills through service to their community and the United
          States.

        (3) A program that provides specialized training to individuals
      in service-learning and places the individuals after such
      training in positions, including positions as service-learning
      coordinators, to facilitate service-learning in programs eligible
      for funding under part I of division B of this subchapter.
        (4) A service program that is targeted at specific unmet human,
      educational, environmental, or public safety needs and that - 
          (A) recruits individuals with special skills or provides
        specialized preservice training to enable participants to be
        placed individually or in teams in positions in which the
        participants can meet such unmet needs; and
          (B) if consistent with the purposes of the program, brings
        participants together for additional training and other
        activities designed to foster civic responsibility, increase
        the skills of participants, and improve the quality of the
        service provided.

        (5) An individualized placement program that includes regular
      group activities, such as leadership training and special service
      projects.
        (6) A campus-based program that is designed to provide
      substantial service in a community during the school term and
      during summer or other vacation periods through the use of - 
          (A) students who are attending an institution of higher
        education, including students participating in a work-study
        program assisted under part C of title IV of the Higher
        Education Act of 1965 (42 U.S.C. 2751 et seq.);
          (B) teams composed of such students; or
          (C) teams composed of a combination of such students and
        community residents.

        (7) A preprofessional training program in which students
      enrolled in an institution of higher education - 
          (A) receive training in specified fields, which may include
        classes containing service-learning;
          (B) perform service related to such training outside the
        classroom during the school term and during summer or other
        vacation periods; and
          (C) agree to provide service upon graduation to meet unmet
        human, educational, environmental, or public safety needs
        related to such training.

        (8) A professional corps program that recruits and places
      qualified participants in positions - 
          (A) as teachers, nurses and other health care providers,
        police officers, early childhood development staff, engineers,
        or other professionals providing service to meet educational,
        human, environmental, or public safety needs in communities
        with an inadequate number of such professionals;
          (B) that may include a salary in excess of the maximum living
        allowance authorized in subsection (a)(3) of section 12594 of
        this title, as provided in subsection (c) of such section; and
          (C) that are sponsored by public or private nonprofit
        employers who agree to pay 100 percent of the salaries and
        benefits (other than any national service educational award
        under division D of this subchapter) of the participants.

        (9) A program in which economically disadvantaged individuals
      who are between the ages of 16 and 24 years of age, inclusive,
      are provided with opportunities to perform service that, while
      enabling such individuals to obtain the education and employment
      skills necessary to achieve economic self-sufficiency, will help
      their communities meet - 
          (A) the housing needs of low-income families and the
        homeless; and
          (B) the need for community facilities in low-income areas.

        (10) A national service entrepreneur program that identifies,
      recruits, and trains gifted young adults of all backgrounds and
      assists them in designing solutions to community problems.
        (11) An intergenerational program that combines students, out-
      of-school youths, and older adults as participants to provide
      needed community services, including an intergenerational
      component for other national service programs described in this
      subsection.
        (12) A program that is administered by a combination of
      nonprofit organizations located in a low-income area, provides a
      broad range of services to residents of such area, is governed by
      a board composed in significant part of low-income individuals,
      and is intended to provide opportunities for individuals or teams
      of individuals to engage in community projects in such area that
      meet unaddressed community and individual needs, including
      projects that would - 
          (A) meet the needs of low-income children and youth aged 18
        and younger, such as providing after-school "safe-places",
        including schools, with opportunities for learning and
        recreation; or
          (B) be directed to other important unaddressed needs in such
        area.

        (13) A community service program designed to meet the needs of
      rural communities, using teams or individual placements to
      address the development needs of rural communities and to combat
      rural poverty, including health care, education, and job
      training.
        (14) A program that seeks to eliminate hunger in communities
      and rural areas through service in projects - 
          (A) involving food banks, food pantries, and nonprofit
        organizations that provide food during emergencies;
          (B) involving the gleaning of prepared and unprepared food
        that would otherwise be discarded as unusable so that the
        usable portion of such food may be donated to food banks, food
        pantries, and other nonprofit organizations;
          (C) seeking to address the long-term causes of hunger through
        education and the delivery of appropriate services; or
          (D) providing training in basic health, nutrition, and life
        skills necessary to alleviate hunger in communities and rural
        areas.

        (15) Such other national service programs addressing unmet
      human, educational, environmental, or public safety needs as the
      Corporation may designate.
    (b) Qualification criteria to determine eligibility
      (1) Establishment by Corporation
        The Corporation shall establish qualification criteria for
      different types of national service programs for the purpose of
      determining whether a particular national service program should
      be considered to be a national service program eligible to
      receive assistance or approved national service positions under
      this division.
      (2) Consultation
        In establishing qualification criteria under paragraph (1), the
      Corporation shall consult with organizations and individuals with
      extensive experience in developing and administering effective
      national service programs or regarding the delivery of human,
      educational, environmental, or public safety services to
      communities or persons.
      (3) Application to subgrants
        The qualification criteria established by the Corporation under
      paragraph (1) shall also be used by each recipient of assistance
      under section 12571(a) of this title that uses any portion of the
      assistance to conduct a grant program to support other national
      service programs.
      (4) Encouragement of intergenerational components of programs
        The Corporation shall encourage national service programs
      eligible to receive assistance or approved national service
      positions under this division to establish, if consistent with
      the purposes of the program, an intergenerational component of
      the program that combines students, out-of-school youths, and
      older adults as participants to provide services to address unmet
      human, educational, environmental, or public safety needs.
    (c) National service priorities
      (1) Establishment
        (A) By Corporation
          In order to concentrate national efforts on meeting certain
        unmet human, educational, environmental, or public safety needs
        and to achieve the other purposes of this chapter, the
        Corporation shall establish, and after reviewing the strategic
        plan approved under section 12651b(g)(1) of this title,
        periodically alter priorities as appropriate regarding the
        types of national service programs to be assisted under
        subsection (b) or (d) of section 12581 of this title and the
        purposes for which such assistance may be used.
        (B) By States
          Consistent with paragraph (4), States shall establish, and
        through the national service plan process described in section
        12638(e)(1) of this title, periodically alter priorities as
        appropriate regarding the national service programs to be
        assisted under section 12581(a)(1) of this title. The State
        priorities shall be subject to Corporation review as part of
        the application process under section 12582 of this title.
      (2) Notice to applicants
        The Corporation shall provide advance notice to potential
      applicants of any national service priorities to be in effect
      under this subsection for a fiscal year. The notice shall
      specifically include - 
          (A) a description of any alteration made in the priorities
        since the previous notice; and
          (B) a description of the national service programs that are
        designated by the Corporation under section 12585(d)(2) of this
        title as eligible for priority consideration in the next
        competitive distribution of assistance under section 12571(a)
        of this title.
      (3) Regulations
        The Corporation shall by regulation establish procedures to
      ensure the equitable treatment of national service programs that -
       
          (A) receive funding under this division for multiple years;
        and
          (B) would be adversely affected by annual revisions in such
        national service priorities.
      (4) Application to subgrants
        Any national service priorities established by the Corporation
      under this subsection shall also be used by each recipient of
      funds under section 12571(a) of this title that uses any portion
      of the assistance to conduct a grant program to support other
      national service programs.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 122, as added Pub. L. 103-82, title
    I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 790.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Public Lands Corps Act of 1993, referred to in subsec.
    (a)(2), is title II of Pub. L. 91-378, as added Pub. L. 103-82,
    title I, Sec. 105(6), Sept. 21, 1993, 107 Stat. 848, which is
    classified generally to subchapter II (Sec. 1721 et seq.) of
    chapter 37 of Title 16, Conservation. For complete classification
    of this Act to the Code, see Short Title note set out under section
    1701 of Title 16 and Tables.
      The Higher Education Act of 1965, referred to in subsec.
    (a)(6)(A), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as
    amended. Part C of title IV of the Act is classified generally to
    part C (Sec. 2751 et seq.) of subchapter I of chapter 34 of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 1001 of Title 20, Education,
    and Tables.
      This chapter, referred to in subsec. (c)(1), was in the original
    "this Act", meaning Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127,
    as amended, which is classified principally to this chapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 12501 of this title and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12572, Pub. L. 101-610, title I, Sec. 142, Nov.
    16, 1990, 104 Stat. 3150, related to criteria and requirements for
    awarding grants for national and community service programs, prior
    to the general amendment of subtitle D of title I of Pub. L. 101-
    610 [former part D of this subchapter] by Pub. L. 103-82, Sec.
    102(a).
      A prior section 122 of Pub. L. 101-610 was renumbered section
    199B, and is classified to section 12655a of this title.

-End-



-CITE-
    42 USC Sec. 12573                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division C - National Service Trust Program
    Part I - Investment in National Service

-HEAD-
    Sec. 12573. Types of national service positions eligible for
      approval for national service educational awards

-STATUTE-
      The Corporation may approve of any of the following service
    positions as an approved national service position that includes
    the national service educational award described in division D of
    this subchapter as one of the benefits to be provided for
    successful service in the position:
        (1) A position for a participant in a national service program
      described in section 12572(a) of this title that receives
      assistance under subsection (a) or (b) of section 12571 of this
      title.
        (2) A position for a participant in a program that - 
          (A) is carried out by a State, a subdivision of a State, an
        Indian tribe, a public or private nonprofit organization, an
        institution of higher education, or a Federal agency; and
          (B) would be eligible to receive assistance under section
        12571(a) of this title, based on criteria established by the
        Corporation, but has not applied for such assistance.

        (3) A position involving service as a VISTA volunteer under
      title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C.
      4951 et seq.).
        (4) A position facilitating service-learning in a program
      described in section 12572(a)(3) of this title that is eligible
      for assistance under part I of division B of this subchapter.
        (5) A position for a participant in the Civilian Community
      Corps under division E of this subchapter.
        (6) A position involving service as a crew leader in a youth
      corps program or a similar position supporting a national service
      program that receives an approved national service position.
        (7) Such other national service positions as the Corporation
      considers to be appropriate.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 123, as added Pub. L. 103-82, title
    I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 794.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Domestic Volunteer Service Act of 1973, referred to in par.
    (3), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394, as amended.
    Title I of the Act is classified generally to subchapter I (Sec.
    4951 et seq.) of chapter 66 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4950 of this title and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12573, Pub. L. 101-610, title I, Sec. 143, Nov.
    16, 1990, 104 Stat. 3152, related to types of national service,
    prior to the general amendment of subtitle D of title I of Pub. L.
    101-610 [former part D of this subchapter] by Pub. L. 103-82, Sec.
    102(a).
      A prior section 123 of Pub. L. 101-610 was renumbered section
    199C, and is classified to section 12655b of this title.

-End-



-CITE-
    42 USC Sec. 12574                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division C - National Service Trust Program
    Part I - Investment in National Service

-HEAD-
    Sec. 12574. Types of program assistance

-STATUTE-
    (a) Planning assistance
      The Corporation may provide assistance under section 12571 of
    this title to a qualified applicant that submits an application
    under section 12582 of this title for the planning of a national
    service program. Assistance provided in accordance with this
    subsection may cover a period of not more than 1 year.
    (b) Operational assistance
      The Corporation may provide assistance under section 12571 of
    this title to a qualified applicant that submits an application
    under section 12582 of this title for the establishment, operation,
    or expansion of a national service program. Assistance provided in
    accordance with this subsection may cover a period of not more than
    3 years, but may be renewed by the Corporation upon consideration
    of a new application under section 12582 of this title.
    (c) Replication assistance
      The Corporation may provide assistance under section 12571 of
    this title to a qualified applicant that submits an application
    under section 12582 of this title for the expansion of a proven
    national service program to another geographical location.
    Assistance provided in accordance with this subsection may cover a
    period of not more than 3 years, but may be renewed by the
    Corporation upon consideration of a new application under section
    12582 of this title.
    (d) Application to subgrants
      The requirements of this section shall apply to any State or
    other applicant receiving assistance under section 12571 of this
    title that proposes to conduct a grant program using the assistance
    to support other national service programs.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 124, as added Pub. L. 103-82, title
    I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 794.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12574, Pub. L. 101-610, title I, Sec. 144, Nov.
    16, 1990, 104 Stat. 3152, related to terms of service for national
    and community service, prior to the general amendment of subtitle D
    of title I of Pub. L. 101-610 [former part D of this subchapter] by
    Pub. L. 103-82, Sec. 102(a).
      A prior section 124 of Pub. L. 101-610 was renumbered section
    199D, and is classified to section 12655c of this title.

-End-



-CITE-
    42 USC Sec. 12575                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division C - National Service Trust Program
    Part I - Investment in National Service

-HEAD-
    Sec. 12575. Training and technical assistance

-STATUTE-
    (a) Training programs
      The Corporation may conduct, directly or by grant or contract,
    appropriate training programs regarding national service in order
    to - 
        (1) improve the ability of national service programs assisted
      under section 12571 of this title to meet human, educational,
      environmental, or public safety needs in communities - 
          (A) where services are needed most; and
          (B) where programs do not exist, or are too limited to meet
        community needs, as of the date on which the Corporation makes
        the grant or enters into the contract;

        (2) promote leadership development in such programs;
        (3) improve the instructional and programmatic quality of such
      programs to build an ethic of civic responsibility;
        (4) develop the management and budgetary skills of program
      operators;
        (5) provide for or improve the training provided to the
      participants in such programs; and
        (6) encourage national service programs to adhere to risk
      management procedures, including the training of participants in
      appropriate risk management practices.
    (b) Technical assistance
      To the extent appropriate and necessary, the Corporation shall
    make technical assistance available to States, Indian tribes, labor
    organizations, organizations operated by young adults,
    organizations serving economically disadvantaged individuals, and
    other entities described in section 12571 of this title that desire
    - 
        (1) to develop national service programs; or
        (2) to apply for assistance under such section or under a grant
      program conducted using assistance provided under such section.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 125, as added Pub. L. 103-82, title
    I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 795.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12575, Pub. L. 101-610, title I, Sec. 145, Nov.
    16, 1990, 104 Stat. 3153; Pub. L. 102-10, Sec. 6(a), Mar. 12, 1991,
    105 Stat. 31, related to eligibility for part-time, full-time, and
    special senior service in national and community service program,
    prior to the general amendment of subtitle D of title I of Pub. L.
    101-610 [former part D of this subchapter] by Pub. L. 103-82, Sec.
    102(a).
      A prior section 125 of Pub. L. 101-610 was renumbered section
    199E, and is classified to section 12655d of this title.

-End-



-CITE-
    42 USC Sec. 12576                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division C - National Service Trust Program
    Part I - Investment in National Service

-HEAD-
    Sec. 12576. Other special assistance

-STATUTE-
    (a) Support for State Commissions
      (1) Grants authorized
        From amounts appropriated for a fiscal year pursuant to the
      authorization of appropriation in section 12681(a)(4) of this
      title, the Corporation may make a grant in an amount between
      $125,000 and $750,000 to a State to assist the State to establish
      or operate the State Commission on National and Community Service
      required to be established by the State under section 12638 of
      this title.
      (2) Limitation on amount of grants
        Notwithstanding the amounts specified in paragraph (1), the
      amount of a grant that may be provided to a State Commission
      under this subsection, together with other Federal funds
      available to establish or operate the State Commission, may not
      exceed - 
          (A) 85 percent of the total cost to establish or operate the
        State Commission for the first year for which the State
        Commission receives assistance under this subsection; and
          (B) such smaller percentage of such cost as the Corporation
        may establish for the second, third, and fourth years of such
        assistance in order to ensure that the Federal share does not
        exceed 50 percent of such costs for the fifth year, and any
        subsequent year, for which the State Commission receives
        assistance under this subsection.
    (b) Disaster service
      The Corporation may undertake activities, including activities
    carried out through part A of title I of the Domestic Volunteer
    Service Act of 1973 (42 U.S.C. 4951 et seq.), to involve in
    disaster relief efforts youth corps programs described in section
    12572(a)(2) of this title and other programs that receive
    assistance under the national service laws.
    (c) Challenge grants for national service programs
      (1) Assistance authorized
        The Corporation may make challenge grants under this subsection
      to national service programs that receive assistance under
      section 12571 of this title.
      (2) Selection criteria
        The Corporation shall develop criteria for the selection of
      recipients of challenge grants under this subsection, so as to
      make the grants widely available to a variety of programs that - 
          (A) are high-quality national service programs; and
          (B) are carried out by entities with demonstrated experience
        in establishing and implementing projects that provide benefits
        to participants and communities.
      (3) Amount of assistance
        A challenge grant under this subsection may provide not more
      than $1 of assistance under this subsection for each $1 in cash
      raised by the national service program from private sources in
      excess of amounts required to be provided by the program to
      satisfy matching funds requirements under section 12571(e) of
      this title. The Corporation shall establish a ceiling on the
      amount of assistance that may be provided to a national service
      program under this subsection.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 126, as added Pub. L. 103-82, title
    I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 795.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Domestic Volunteer Service Act of 1973, referred to in
    subsec. (b), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394, as
    amended. Part A of title I of the Act is classified generally to
    part A (Sec. 4951 et seq.) of subchapter I of chapter 66 of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 4950 of this title and
    Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      Prior sections 12576 to 12580, which related to national and
    community service, were omitted in the general amendment of
    subtitle D of title I of Pub. L. 101-610 [former part D of this
    subchapter] by Pub. L. 103-82, Sec. 102(a).
      Section 12576, Pub. L. 101-610, title I, Sec. 146, Nov. 16, 1990,
    104 Stat. 3153; Pub. L. 102-10, Sec. 6(b), Mar. 12, 1991, 105 Stat.
    31; Pub. L. 102-325, title XV, Sec. 1557, July 23, 1992, 106 Stat.
    841, related to post-service benefits.
      A prior section 126 of Pub. L. 101-610 was renumbered section
    199F and is classified to section 12655e of this title.
      Section 12577, Pub. L. 101-610, title I, Sec. 147, Nov. 16, 1990,
    104 Stat. 3154, related to living allowances for participants.
      Section 12578, Pub. L. 101-610, title I, Sec. 148, Nov. 16, 1990,
    104 Stat. 3155, related to training of participants.
      Section 12579, Pub. L. 101-610, title I, Sec. 149, Nov. 16, 1990,
    104 Stat. 3156, related to cooperation between public and private
    entities.
      Section 12580, Pub. L. 101-610, title I, Sec. 150, Nov. 16, 1990,
    104 Stat. 3156, related to in-service education benefits.

-End-


-CITE-
    42 USC Part II - Application and Approval Process           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division C - National Service Trust Program
    Part II - Application and Approval Process

-HEAD-
                PART II - APPLICATION AND APPROVAL PROCESS            

-End-



-CITE-
    42 USC Sec. 12581                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division C - National Service Trust Program
    Part II - Application and Approval Process

-HEAD-
    Sec. 12581. Provision of assistance and approved national service
      positions by competitive and other means

-STATUTE-
    (a) Allotments of assistance and approved positions to States and
      Indian tribes
      (1) 33 1/3  percent allotment of assistance to certain States
        Of the funds allocated by the Corporation for provision of
      assistance under subsections (a) and (b) of section 12571 of this
      title for a fiscal year, the Corporation shall make a grant under
      section 12571(a) of this title (and a corresponding allotment of
      approved national service positions) to each of the several
      States, the District of Columbia, and the Commonwealth of Puerto
      Rico that has an application approved by the Corporation under
      section 12585 of this title. The amount allotted as a grant to
      each such State under this paragraph for a fiscal year shall be
      equal to the amount that bears the same ratio to 33 1/3  percent
      of the allocated funds for that fiscal year as the population of
      the State bears to the total population of the several States,
      the District of Columbia, and the Commonwealth of Puerto Rico.
      (2) One percent allotment for certain territories and possessions
        Of the funds allocated by the Corporation for provision of
      assistance under subsections (a) and (b) of section 12571 of this
      title for a fiscal year, the Corporation shall reserve 1 percent
      of the allocated funds for grants under section 12571(a) of this
      title to the United States Virgin Islands, Guam, American Samoa,
      and the Commonwealth of the Northern Mariana Islands upon
      approval of an application by the Corporation under section 12585
      of this title. Palau shall also be eligible for a grant under
      this paragraph from the allotment until such time as the Compact
      of Free Association with Palau is ratified. The amount allotted
      as a grant to each such territory or possession under this
      paragraph for a fiscal year shall be equal to the amount that
      bears the same ratio to 1 percent of the allocated funds for that
      fiscal year as the population of the territory or possession
      bears to the total population of such territories and
      possessions.
      (3) One percent allotment for Indian tribes
        Of the funds allocated by the Corporation for provision of
      assistance under subsections (a) and (b) of section 12571 of this
      title for a fiscal year, the Corporation shall reserve 1 percent
      of the allocated funds for grants under section 12571(a) of this
      title to Indian tribes, to be allotted by the Corporation on a
      competitive basis in accordance with their respective needs.
      (4) Effect of failure to apply
        If a State or Indian tribe fails to apply for, or fails to give
      notice to the Corporation of its intent to apply for, an
      allotment under this subsection, the Corporation shall use the
      amount that would have been allotted under this subsection to the
      State or Indian tribe - 
          (A) to make grants (and provide approved national service
        positions in connection with such grants) to other eligible
        entities under section 12571 of this title that propose to
        carry out national service programs in the State or on behalf
        of the Indian tribe; and
          (B) after making grants under subparagraph (A), to make a
        reallotment to other States and Indian tribes with approved
        applications under section 12582 of this title.
    (b) Reservation of approved positions
      The Corporation shall ensure that each individual selected during
    a fiscal year for assignment as a VISTA volunteer under title I of
    the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.)
    or as a participant in the Civilian Community Corps Demonstration
    Program under division E of this subchapter shall receive the
    national service educational award described in division D of this
    subchapter if the individual satisfies the eligibility requirements
    for the award. Funds for approved national service positions
    required by this paragraph for a fiscal year shall be deducted from
    the total funding for approved national service positions to be
    available for distribution under subsections (a) and (d) of this
    section for that fiscal year.
    (c) Reservation for special assistance
      From amounts appropriated for a fiscal year pursuant to the
    authorization of appropriation in section 12681(a)(2) of this
    title, and subject to the limitation in such section, the
    Corporation may reserve such amount as the Corporation considers to
    be appropriate for the purpose of making assistance available under
    sections 12575 and 12576 of this title. The Corporation may not
    reserve more than $10,000,000 for a fiscal year for disaster
    service under subsection (b) of section 12576 of this title or
    challenge grants under subsection (c) of such section.
    (d) Competitive distribution of remaining funds
      (1) State competition
        Of the funds allocated by the Corporation for provision of
      assistance under subsections (a) and (b) of section 12571 of this
      title for a fiscal year, the Corporation shall use not less than
      33 1/3  percent of the allocated funds to make grants to States
      on a competitive basis under section 12571(a) of this title.
      (2) Federal agencies and other applicants
        The Corporation shall distribute on a competitive basis to
      subdivisions of States, Indian tribes, public or private
      nonprofit organizations (including labor organizations),
      institutions of higher education, and Federal agencies the
      remainder of the funds allocated by the Corporation for provision
      of assistance under section 12571 of this title for a fiscal
      year, after operation of paragraph (1) and subsections (a) and
      (c) of this section.
      (3) Limitation on distribution to Federal agencies
        The Corporation may not provide more than  1/3  of the funds
      available for competitive distribution under paragraph (2) for a
      fiscal year to Federal agencies under section 12571(b) of this
      title.
      (4) Priority limitations
        The Corporation may limit the categories of eligible applicants
      for assistance under paragraph (2) consistent with the priorities
      established by the Corporation under section 12585(d)(2) of this
      title.
      (5) Reservation of funds for supplemental and outreach grants
        (A) Reservation
          From amounts appropriated for a fiscal year pursuant to the
        authorization of appropriation in section 12681(a)(2) of this
        title, and subject to the limitation in such section, the Chief
        Executive Officer shall reserve an amount that is not less than
        1 percent of such amounts (except that the amount reserved may
        not exceed $5,000,000), in order to make supplemental grants as
        provided in subparagraph (B) and outreach grants as provided in
        subparagraph (C). The amount reserved pursuant to this
        paragraph shall be available until expended.
        (B) Grants to assist entities in placing applicants who are
          individuals with a disability
          (i) In general
            The Chief Executive Officer shall make grants from a
          portion of the funds reserved under subparagraph (A) to
          entities that - 
              (I) receive a grant to carry out a national service
            program under paragraph (1) or (2);
              (II) demonstrate that the entity has received a
            substantial number of applications for placement in the
            national service program of persons who are individuals
            with a disability and who require a reasonable
            accommodation (as defined in section 12111(9) of this
            title), or auxiliary aids and services (as defined in
            section 12102(1) of this title), in order to perform
            national service; and
              (III) demonstrate that additional funding would assist
            the national service program in placing a substantial
            number of such individuals with a disability as
            participants in projects carried out through the program.
          (ii) Requirements
            Funds made available through such a supplemental grant
          under clause (i) shall be made available for the same
          purposes, and subject to the same requirements, as funds made
          available through a grant made under paragraph (1) or (2).
        (C) Grants for outreach to individuals with a disability
          (i) In general
            From the portion of the funds reserved under subparagraph
          (A) that is not used to make grants under subparagraph (B),
          the Chief Executive Officer shall make grants to public or
          private nonprofit organizations to pay for the Federal share
          described in section 12571(e) of this title of - 
              (I) providing information about the programs specified in
            section 12651d(d)(10) (!1) of this title to such
            individuals with a disability who desire to perform
            national service; and

              (II) enabling the individuals to participate in
            activities carried out through such programs, which may
            include assisting the placement of the individuals in
            approved national service positions.
          (ii) Application
            To be eligible to receive a grant under this subparagraph,
          an organization described in clause (i) shall submit an
          application to the Chief Executive Officer at such time, in
          such manner, and containing such information as the Chief
          Executive Officer may require.
    (e) Application required
      The allotment of assistance and approved national service
    positions to a State or Indian tribe under subsection (a) of this
    section, and the competitive distribution of assistance under
    subsection (d) of this section, shall be made by the Corporation
    only pursuant to an application submitted by a State or other
    applicant under section 12582 of this title and approved by the
    Corporation under section 12585 of this title.
    (f) Approval of positions subject to available funds
      The Corporation may not approve positions as approved national
    service positions under this division for a fiscal year in excess
    of the number of such positions for which the Corporation has
    sufficient available funds in the National Service Trust for that
    fiscal year, taking into consideration funding needs for national
    service educational awards under division D of this subchapter
    based on completed service. If appropriations are insufficient to
    provide the maximum allowable national service educational awards
    under division D of this subchapter for all eligible participants,
    the Corporation is authorized to make necessary and reasonable
    adjustments to program rules.
    (g) Sponsorship of approved national service positions
      (1) Sponsorship authorized
        The Corporation may enter into agreements with persons or
      entities who offer to sponsor national service positions for
      which the person or entity will be responsible for supplying the
      funds necessary to provide a national service educational award.
      The distribution of these approved national service positions
      shall be made pursuant to the agreement, and the creation of
      these positions shall not be taken into consideration in
      determining the number of approved national service positions to
      be available for distribution under this section.
      (2) Deposit of contribution
        Funds provided pursuant to an agreement under paragraph (1) and
      any other funds contributed to the Corporation to support the
      activities of the Corporation under the national service laws
      shall be deposited in the National Service Trust established in
      section 12601 of this title until such time as the funds are
      needed.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 129, as added Pub. L. 103-82, title
    I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 796.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For ratification of Compact of Free Association with Palau,
    referred to in subsec. (a)(2), see Proc. No. 6726, Sept. 27, 1994,
    59 F.R. 49777, set out as a note under section 1931 of Title 48,
    Territories and Insular Possessions.
      The Domestic Volunteer Service Act of 1973, referred to in
    subsec. (b), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394, as
    amended. Title I of the Act is classified generally to subchapter I
    (Sec. 4951 et seq.) of chapter 66 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4950 of this title and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 129 of Pub. L. 101-610 was renumbered section
    199H and is classified to section 12655h of this title.

-FOOTNOTE-
    (!1) So in original. Section 12651d(d) of this title does not
         contain a par. (10).


-End-



-CITE-
    42 USC Sec. 12582                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division C - National Service Trust Program
    Part II - Application and Approval Process

-HEAD-
    Sec. 12582. Application for assistance and approved national
      service positions

-STATUTE-
    (a) Time, manner, and content of application
      To be eligible to receive assistance under section 12571 of this
    title or approved national service positions for participants who
    serve in the national service programs to be carried out using the
    assistance, a State, subdivision of a State, Indian tribe, public
    or private nonprofit organization, institution of higher education,
    or Federal agency shall prepare and submit to the Corporation an
    application at such time, in such manner, and containing such
    information as the Corporation may reasonably require.
    (b) Types of permissible application information
      In order to have adequate information upon which to consider an
    application under section 12585 of this title, the Corporation may
    require the following information to be provided in an application
    submitted under subsection (a) of this section:
        (1) A description of the national service programs proposed to
      be carried out directly by the applicant using assistance
      provided under section 12571 of this title.
        (2) A description of the national service programs that are
      selected by the applicant to receive a grant using assistance
      requested under section 12571 of this title and a description of
      the process and criteria by which the programs were selected.
        (3) A description of other funding sources to be used, or
      sought to be used, for the national service programs referred to
      in paragraphs (1) and (2), and, if the application is submitted
      for the purpose of seeking a renewal of assistance, a description
      of the success of the programs in reducing their reliance on
      Federal funds.
        (4) A description of the extent to which the projects to be
      conducted using the assistance will address unmet human,
      educational, environmental, or public safety needs and produce a
      direct benefit for the community in which the projects are
      performed.
        (5) A description of the plan to be used to recruit
      participants, including youth who are individuals with
      disabilities and economically disadvantaged young men and women,
      for the national service programs referred to in paragraphs (1)
      and (2).
        (6) A description of the manner in which the national service
      programs referred to in paragraphs (1) and (2) build on existing
      programs, including Federal programs.
        (7) A description of the manner in which the national service
      programs referred to in paragraphs (1) and (2) will involve
      participants - 
          (A) in projects that build an ethic of civic responsibility
        and produce a positive change in the lives of participants
        through training and participation in meaningful service
        experiences and opportunities for reflection on such
        experiences; and
          (B) in leadership positions in implementing and evaluating
        the program.

        (8) Measurable goals for the national service programs referred
      to in paragraphs (1) and (2), and a strategy to achieve such
      goals, in terms of - 
          (A) the impact to be made in meeting unmet human,
        educational, environmental, or public safety needs; and
          (B) the service experience to be provided to participants in
        the programs.

        (9) A description of the manner and extent to which the
      national service programs referred to in paragraphs (1) and (2)
      conform to the national service priorities established by the
      Corporation under section 12572(c) of this title.
        (10) A description of the past experience of the applicant in
      operating a comparable program or in conducting a grant program
      in support of other comparable service programs.
        (11) A description of the type and number of proposed service
      positions in which participants will receive the national service
      educational award described in division D of this subchapter and
      a description of the manner in which approved national service
      positions will be apportioned by the applicant.
        (12) A description of the manner and extent to which
      participants, representatives of the community served, community-
      based agencies with a demonstrated record of experience in
      providing services, and labor organizations contributed to the
      development of the national service programs referred to in
      paragraphs (1) and (2), including the identity of the individual
      representing each appropriate labor organization (if any) who was
      consulted and the nature of the consultation.
        (13) Such other information as the Corporation may reasonably
      require.
    (c) Required application information
      An application submitted under subsection (a) of this section
    shall contain the following information:
        (1) A description of the jobs or positions into which
      participants will be placed using the assistance provided under
      section 12571 of this title, including descriptions of specific
      tasks to be performed by such participants.
        (2) A description of the minimum qualifications that
      individuals shall meet to become participants in such programs.
    (d) Application to receive only approved national service positions
      (1) Applicability of subsection
        This subsection shall apply in the case of an application in
      which - 
          (A) the applicant is not seeking assistance under subsection
        (a) or (b) of section 12571 of this title, but requests
        national service educational awards for individuals serving in
        service positions described in section 12573 of this title; or
          (B) the applicant requests national service educational
        awards for service positions described in section 12573 of this
        title, but the positions are not positions in a national
        service program described in section 12572(a) of this title for
        which assistance may be provided under subsection (a) or (b) of
        section 12571 of this title.
      (2) Special application requirements
        For the applications described in paragraph (1), the
      Corporation shall establish special application requirements in
      order to determine - 
          (A) whether the service positions meet unmet human,
        educational, environmental, or public safety needs and meet the
        criteria for assistance under this division; and
          (B) whether the Corporation should approve the positions as
        approved national service positions.
    (e) Special rule for State applicants
      (1) Submission by State Commission
        The application of a State for approved national service
      positions or for a grant under section 12571(a) of this title
      shall be submitted by the State Commission.
      (2) Competitive selection
        The application of a State shall contain an assurance that all
      assistance provided under section 12571(a) of this title to the
      State will be used to support national service programs that were
      selected by the State on a competitive basis. In making such
      competitive selections, the State shall seek to ensure the
      equitable allocation within the State of assistance and approved
      national service positions provided under this division to the
      State taking into consideration such factors as the location of
      the programs applying to the State, population density, and
      economic distress.
      (3) Assistance to non-State entities
        The application of a State shall also contain an assurance that
      not less than 60 percent of the assistance will be used to make
      grants in support of national service programs other than
      national service programs carried out by a State agency. The
      Corporation may permit a State to deviate from the percentage
      specified by this subsection if the State has not received a
      sufficient number of acceptable applications to comply with the
      percentage.
    (f) Special rule for certain applicants
      (1) Written concurrence
        In the case of a program applicant that proposes to also serve
      as the service sponsor, the application shall include the written
      concurrence of any local labor organization representing
      employees of the service sponsor who are engaged in the same or
      substantially similar work as that proposed to be carried out.
      (2) "Program applicant" defined
        For purposes of this subsection, the term "program applicant"
      means - 
          (A) a State, subdivision of a State, Indian tribe, public or
        private nonprofit organization, institution of higher
        education, or Federal agency submitting an application under
        this section; or
          (B) an entity applying for assistance or approved national
        service positions through a grant program conducted using
        assistance provided to a State, subdivision of a State, Indian
        tribe, public or private nonprofit organization, institution of
        higher education, or Federal agency under section 12571 of this
        title.
    (g) Limitation on same project in multiple applications
      The Corporation shall reject an application submitted under this
    section if a project proposed to be conducted using assistance
    requested by the applicant is already described in another
    application pending before the Corporation.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 130, as added Pub. L. 103-82, title
    I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 800.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 130 of Pub. L. 101-610 was renumbered section
    199I and is classified to section 12655i of this title.

-End-



-CITE-
    42 USC Sec. 12583                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division C - National Service Trust Program
    Part II - Application and Approval Process

-HEAD-
    Sec. 12583. National service program assistance requirements

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

        (3) provide, if appropriate, structured opportunities for
      participants to reflect on their service experiences.
    (c) Consultation
      An application submitted under section 12582 of this title shall
    also include an assurance by the applicant that any national
    service program carried out by the applicant using assistance
    provided under section 12571 of this title and any national service
    program supported by a grant made by the applicant using such
    assistance will - 
        (1) provide in the design, recruitment, and operation of the
      program for broad-based input from - 
          (A) the community served and potential participants in the
        program; and
          (B) community-based agencies with a demonstrated record of
        experience in providing services and local labor organizations
        representing employees of service sponsors, if these entities
        exist in the area to be served by the program;

        (2) prior to the placement of participants, consult with the
      appropriate local labor organization, if any, representing
      employees in the area who are engaged in the same or similar work
      as that proposed to be carried out by such program to ensure
      compliance with the nondisplacement requirements specified in
      section 12637 of this title; and
        (3) in the case of a program that is not funded through a
      State, consult with and coordinate activities with the State
      Commission for the State in which the program operates.
    (d) Evaluation and performance goals
      (1) In general
        An application submitted under section 12582 of this title
      shall also include an assurance by the applicant that the
      applicant will - 
          (A) arrange for an independent evaluation of any national
        service program carried out using assistance provided to the
        applicant under section 12571 of this title or, with the
        approval of the Corporation, conduct an internal evaluation of
        the program;
          (B) apply measurable performance goals and evaluation methods
        (such as the use of surveys of participants and persons
        served), which are to be used as part of such evaluation to
        determine the impact of the program - 
            (i) on communities and persons served by the projects
          performed by the program;
            (ii) on participants who take part in the projects; and
            (iii) in such other areas as the Corporation may require;
          and

          (C) cooperate with any evaluation activities undertaken by
        the Corporation.
      (2) Evaluation
        Subject to paragraph (3), the Corporation shall develop
      evaluation criteria and performance goals applicable to all
      national service programs carried out with assistance provided
      under section 12571 of this title.
      (3) Alternative evaluation requirements
        The Corporation may establish alternative evaluation
      requirements for national service programs based upon the amount
      of assistance received under section 12571 of this title or
      received by a grant made by a recipient of assistance under such
      section. The determination of whether a national service program
      is covered by this paragraph shall be made in such manner as the
      Corporation may prescribe.
    (e) Living allowances and other inservice benefits
      Except as provided in section 12594(c) of this title, an
    application submitted under section 12582 of this title shall also
    include an assurance by the applicant that the applicant will - 
        (1) ensure the provision of a living allowance and other
      benefits specified in section 12594 of this title to participants
      in any national service program carried out by the applicant
      using assistance provided under section 12571 of this title; and
        (2) require that each national service program that receives a
      grant from the applicant using such assistance will also provide
      a living allowance and other benefits specified in section 12594
      of this title to participants in the program.
    (f) Selection of participants from individuals recruited by
      Corporation or State Commissions
      The Corporation may also require an assurance by the applicant
    that any national service program carried out by the applicant
    using assistance provided under section 12571 of this title and any
    national service program supported by a grant made by the applicant
    using such assistance will select a portion of the participants for
    the program from among prospective participants recruited by the
    Corporation or State Commissions under section 12592(d) of this
    title. The Corporation may specify a minimum percentage of
    participants to be selected from the national leadership pool
    established under section 12592(e) of this title and may vary the
    percentage for different types of national service programs.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 131, as added Pub. L. 103-82, title
    I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 803.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 131 of Pub. L. 101-610 was renumbered section
    199J and is classified to section 12655j of this title.

-End-



-CITE-
    42 USC Sec. 12584                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division C - National Service Trust Program
    Part II - Application and Approval Process

-HEAD-
    Sec. 12584. Ineligible service categories

-STATUTE-
    (a) In general
      Except as provided in subsection (b) of this section, an
    application submitted to the Corporation under section 12582 of
    this title shall include an assurance by the applicant that any
    national service program carried out using assistance provided
    under section 12571 of this title and any approved national service
    position provided to an applicant will not be used to perform
    service that provides a direct benefit to any - 
        (1) business organized for profit;
        (2) labor union;
        (3) partisan political organization;
        (4) organization engaged in religious activities, unless such
      service does not involve the use of assistance provided under
      section 12571 of this title or participants - 
          (A) to give religious instruction;
          (B) to conduct worship services;
          (C) to provide instruction as part of a program that includes
        mandatory religious education or worship;
          (D) to construct or operate facilities devoted to religious
        instruction or worship or to maintain facilities primarily or
        inherently devoted to religious instruction or worship; or
          (E) to engage in any form of proselytization; or

        (5) nonprofit organization that fails to comply with the
      restrictions contained in section 501(c) of title 26, except that
      nothing in this section shall be construed to prevent
      participants from engaging in advocacy activities undertaken at
      their own initiative.
    (b) Regional Corporation
      The requirement of subsection (a) of this section relating to an
    assurance regarding direct benefits to businesses organized for
    profit shall not apply with respect to a Regional Corporation, as
    defined in section 3(g) of the Alaska Native Claims Settlement Act
    (43 U.S.C. 1602(g)), that is established in accordance with such
    Act [43 U.S.C. 1601 et seq.] as a for-profit corporation but that
    is engaging in nonprofit activities.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 132, as added Pub. L. 103-82, title
    I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 805.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska Native Claims Settlement Act, referred to in subsec.
    (b), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,
    which is classified generally to chapter 33 (Sec. 1601 et seq.) of
    Title 43, Public Lands. For complete classification of this Act to
    the Code, see Short Title note set out under section 1601 of Title
    43 and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 132 of Pub. L. 101-610 was renumbered section
    199L and classified to section 12655k of this title, prior to
    repeal by Pub. L. 103-82, Sec. 101(e)(8)(A).

-End-



-CITE-
    42 USC Sec. 12585                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division C - National Service Trust Program
    Part II - Application and Approval Process

-HEAD-
    Sec. 12585. Consideration of applications

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

        (4) The quality of the leadership of the national service
      program, the past performance of the program, and the extent to
      which the program builds on existing programs.
        (5) The extent to which participants of the national service
      program are recruited from among residents of the communities in
      which projects are to be conducted, and the extent to which
      participants and community residents are involved in the design,
      leadership, and operation of the program.
        (6) The extent to which projects would be conducted in the
      following areas where they are needed most:
          (A) Communities designated as empowerment zones or
        redevelopment areas, targeted for special economic incentives,
        or otherwise identifiable as having high concentrations of low-
        income people.
          (B) Areas that are environmentally distressed.
          (C) Areas adversely affected by Federal actions related to
        the management of Federal lands that result in significant
        regional job losses and economic dislocation.
          (D) Areas adversely affected by reductions in defense
        spending or the closure or realignment of military
        installations.
          (E) Areas that have an unemployment rate greater than the
        national average unemployment for the most recent 12 months for
        which satisfactory data are available.

        (7) In the case of applicants other than States, the extent to
      which the application is consistent with the application under
      section 12582 of this title of the State in which the projects
      would be conducted.
        (8) Such other criteria as the Corporation considers to be
      appropriate.
    (d) Other considerations
      (1) Geographic diversity
        The Corporation shall ensure that recipients of assistance
      provided under section 12571 of this title are geographically
      diverse and include projects to be conducted in those urban and
      rural areas in a State with the highest rates of poverty.
      (2) Priorities
        The Corporation may designate, under such criteria as may be
      established by the Corporation, certain national service programs
      or types of national service programs described in section
      12572(a) of this title for priority consideration in the
      competitive distribution of funds under section 12581(d)(2) of
      this title. In designating national service programs to receive
      priority, the Corporation may include - 
          (A) national service programs carried out by another Federal
        agency;
          (B) national service programs that conform to the national
        service priorities in effect under section 12572(c) of this
        title;
          (C) innovative national service programs;
          (D) national service programs that are well established in
        one or more States at the time of the application and are
        proposed to be expanded to additional States using assistance
        provided under section 12571 of this title;
          (E) grant programs in support of other national service
        programs if the grant programs are to be conducted by nonprofit
        organizations with a demonstrated and extensive expertise in
        the provision of services to meet human, educational,
        environmental, or public safety needs;
          (F) professional corps programs described in section
        12572(a)(8) of this title; and
          (G) programs that - 
            (i) received funding under part D of this subchapter, as in
          effect on the day before September 21, 1993;
            (ii) the Corporation determines to meet the requirements of
          sections 12572 (other than subsection (g)), 12573, and 12578
          through 12580 of this title, as in effect on such day, in
          addition to the requirements of this division; and
            (iii) include an evaluation component.
      (3) Additional priority
        In making a competitive distribution of funds under section
      12581(d)(2) of this title, the Corporation may give priority
      consideration to a national service program that is - 
          (A) proposed in an application submitted by a State
        Commission; and
          (B) not one of the types of programs described in paragraph
        (2),

      if the State Commission provides an adequate explanation of the
      reasons why it should not be a priority of such State to carry
      out any of such types of programs in the State.
      (4) Review panel
        The Corporation shall - 
          (A) establish panels of experts for the purpose of securing
        recommendations on applications submitted under section 12582
        of this title for more than $250,000 in assistance, or for
        national service positions that would require more than
        $250,000 in national service educational awards; and
          (B) consider the opinions of such panels prior to making such
        determinations.
    (e) Emphasis on areas most in need
      In making assistance available under section 12571 of this title
    and in providing approved national service positions under section
    12573 of this title, the Corporation shall ensure that not less
    than 50 percent of the total amount of assistance to be distributed
    to States under subsections (a) and (d)(1) of section 12581 of this
    title for a fiscal year is provided to carry out or support
    national service programs and projects that - 
        (1) are conducted in any of the areas described in subsection
      (c)(6) of this section or on Federal or other public lands, to
      address unmet human, educational, environmental, or public safety
      needs in such areas or on such lands; and
        (2) place a priority on the recruitment of participants who are
      residents of any of such areas or Federal or other public lands.
    (f) Rejection of State applications
      (1) Notification of State applicants
        If the Corporation rejects an application submitted by a State
      Commission under section 12582 of this title for funds described
      in section 12581(a)(1) of this title, the Corporation shall
      promptly notify the State Commission of the reasons for the
      rejection of the application.
      (2) Resubmission and reconsideration
        The Corporation shall provide a State Commission notified under
      paragraph (1) with a reasonable opportunity to revise and
      resubmit the application. At the request of the State Commission,
      the Corporation shall provide technical assistance to the State
      Commission as part of the resubmission process. The Corporation
      shall promptly reconsider an application resubmitted under this
      paragraph.
      (3) Reallotment
        The amount of any State's allotment under section 12581(a) of
      this title for a fiscal year that the Corporation determines will
      not be provided for that fiscal year shall be available for
      distribution by the Corporation as provided in paragraph (3) of
      such subsection.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 133, as added Pub. L. 103-82, title
    I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 805.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Part D of this subchapter and sections 12572, 12573, and 12578
    through 12580 of this title, as in effect on the day before
    September 21, 1993, referred to in subsec. (d)(2)(G), mean former
    part D of this subchapter and former sections 12572, 12573, and
    12578 to 12580 of this title prior to the general amendment of
    subtitle D of title I of Pub. L. 101-610 [former part D of this
    subchapter] by Pub. L. 103-82, title I, Sec. 102(a), Sept. 21,
    1993, 107 Stat. 816.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 133 of Pub. L. 101-610 was renumbered section
    199K and is classified to section 12655l of this title.

-End-


-CITE-
    42 USC Part III - National Service Participants             01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division C - National Service Trust Program
    Part III - National Service Participants

-HEAD-
                 PART III - NATIONAL SERVICE PARTICIPANTS             

-End-



-CITE-
    42 USC Sec. 12591                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division C - National Service Trust Program
    Part III - National Service Participants

-HEAD-
    Sec. 12591. Description of participants

-STATUTE-
    (a) In general
      For purposes of this division, an individual shall be considered
    to be a participant in a national service program carried out using
    assistance provided under section 12571 of this title if the
    individual - 
        (1) meets such eligibility requirements, directly related to
      the tasks to be accomplished, as may be established by the
      program;
        (2) is selected by the program to serve in a position with the
      program;
        (3) will serve in the program for a term of service specified
      in section 12593 of this title to be performed before, during, or
      after attendance at an institution of higher education;
        (4) is 17 years of age or older at the time the individual
      begins the term of service;
        (5) has received a high school diploma or its equivalent,
      agrees to obtain a high school diploma or its equivalent (unless
      this requirement is waived based on an individual education
      assessment conducted by the program) and the individual did not
      drop out of an elementary or secondary school to enroll in the
      program, or is enrolled in an institution of higher education on
      an ability to benefit basis and is considered eligible for funds
      under section 1091 of title 20; and
        (6) is a citizen or national of the United States or lawful
      permanent resident alien of the United States.
    (b) Special rules for certain youth programs
      An individual shall be considered to be a participant in a youth
    corps program described in section 12572(a)(2) of this title or a
    program described in section 12572(a)(9) of this title that is
    carried out with assistance provided under section 12571(a) of this
    title if the individual - 
        (1) satisfies the requirements specified in subsection (a) of
      this section, except paragraph (4) of such subsection; and
        (2) is between the ages of 16 and 25, inclusive, at the time
      the individual begins the term of service.
    (c) Waiver
      The Corporation may waive the requirements of subsection (a)(5)
    of this section with respect to an individual if the program in
    which the individual seeks to become a participant conducts an
    independent evaluation demonstrating that the individual is
    incapable of obtaining a high school diploma or its equivalent.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 137, as added Pub. L. 103-82, title
    I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 808; amended Pub. L. 103-
    304, Sec. 3(b)(3), Aug. 23, 1994, 108 Stat. 1567.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12591, Pub. L. 101-610, title I, Sec. 155, Nov.
    16, 1990, 104 Stat. 3156, related to limitation on grants for
    innovative and demonstration programs and projects, prior to repeal
    by Pub. L. 103-82, Sec. 104(a).

                                AMENDMENTS                            
      1994 - Subsec. (c). Pub. L. 103-304 substituted "subsection
    (a)(5)" for "subsection (a)(5)(A)".

-End-



-CITE-
    42 USC Sec. 12592                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division C - National Service Trust Program
    Part III - National Service Participants

-HEAD-
    Sec. 12592. Selection of national service participants

-STATUTE-
    (a) Selection process
      Subject to subsections (b) and (c) of this section and section
    12583(f) of this title, the actual recruitment and selection of an
    individual to serve in a national service program receiving
    assistance under section 12571 of this title or to fill an approved
    national service position shall be conducted by the State,
    subdivision of a State, Indian tribe, public or private nonprofit
    organization, institution of higher education, Federal agency, or
    other entity to which the assistance and approved national service
    positions are provided.
    (b) Nondiscrimination and nonpolitical selection of participants
      The recruitment and selection of individuals to serve in national
    service programs receiving assistance under section 12571 of this
    title or to fill approved national service positions shall be
    consistent with the requirements of section 12635 of this title.
    (c) Second term
      Acceptance into a national service program to serve a second term
    of service under section 12593 of this title shall only be
    available to individuals who perform satisfactorily in their first
    term of service.
    (d) Recruitment and placement
      The Corporation and each State Commission shall establish a
    system to recruit individuals who desire to perform national
    service and to assist the placement of these individuals in
    approved national service positions, which may include positions
    available under titles I and II of the Domestic Volunteer Service
    Act of 1973 (42 U.S.C. 4951 et seq. [and 5000 et seq.]). The
    Corporation and State Commissions shall disseminate information
    regarding available approved national service positions through
    cooperation with secondary schools, institutions of higher
    education, employment service offices, State vocational
    rehabilitation agencies within the meaning of the Rehabilitation
    Act of 1973 (29 U.S.C. 701 et seq.) and other State agencies that
    primarily serve individuals with disabilities, and other
    appropriate entities, particularly those organizations that provide
    outreach to disadvantaged youths and youths who are individuals
    with disabilities.
    (e) National leadership pool
      (1) Selection and training
        From among individuals recruited under subsection (d) of this
      section, the Corporation may select individuals with significant
      leadership potential, as determined by the Corporation, to
      receive special training to enhance their leadership ability. The
      leadership training shall be provided by the Corporation directly
      or through a grant or contract.
      (2) Emphasis on certain individuals
        In selecting individuals to receive leadership training under
      this subsection, the Corporation shall make special efforts to
      select individuals who have served - 
          (A) in the Peace Corps;
          (B) as VISTA volunteers;
          (C) as participants in national service programs receiving
        assistance under section 12571 of this title;
          (D) as participants in programs receiving assistance under
        part D of this subchapter, as in effect on the day before
        September 21, 1993; or
          (E) as members of the Armed Forces of the United States and
        who were honorably discharged from such service.
      (3) Assignment
        At the request of a program that receives assistance under the
      national service laws, the Corporation may assign an individual
      who receives leadership training under paragraph (1) to work with
      the program in a leadership position and carry out assignments
      not otherwise performed by regular participants. An individual
      assigned to a program shall be considered to be a participant of
      the program.
    (f) Evaluation of service
      The Corporation shall issue regulations regarding the manner and
    criteria by which the service of a participant shall be evaluated
    to determine whether the service is satisfactory and successful for
    purposes of eligibility for a second term of service or a national
    service educational award.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 138, as added Pub. L. 103-82, title
    I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 809.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Domestic Volunteer Service Act of 1973, referred to in
    subsec. (d), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394, as
    amended. Titles I and II of the Act are classified generally to
    subchapters I (Sec. 4951 et seq.) and II (Sec. 5000 et seq.),
    respectively, of chapter 66 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4950 of this title and Tables.
      The Rehabilitation Act of 1973, referred to in subsec. (d), is
    Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is
    classified generally to chapter 16 (Sec. 701 et seq.) of Title 29,
    Labor. For complete classification of this Act to the Code, see
    Short Title note set out under section 701 of Title 29 and Tables.
      Part D of this subchapter, as in effect on the day before
    September 21, 1993, referred to in subsec. (e)(2)(D), means former
    part D of this subchapter prior to the general amendment of
    subtitle D of title I of Pub. L. 101-610 [former part D of this
    subchapter] by Pub. L. 103-82, title I, Sec. 102(a), Sept. 21,
    1993, 107 Stat. 816.

-End-



-CITE-
    42 USC Sec. 12593                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division C - National Service Trust Program
    Part III - National Service Participants

-HEAD-
    Sec. 12593. Terms of service

-STATUTE-
    (a) In general
      As a condition of receiving a national service education award
    under division D of this subchapter, a participant in an approved
    national service position shall be required to perform full- or
    part-time national service for at least one term of service
    specified in subsection (b) of this section.
    (b) Term of service
      (1) Full-time service
        An individual performing full-time national service in an
      approved national service position shall agree to participate in
      the program sponsoring the position for not less than 1,700 hours
      during a period of not less than 9 months and not more than 1
      year.
      (2) Part-time service
        Except as provided in paragraph (3), an individual performing
      part-time national service in an approved national service
      position shall agree to participate in the program sponsoring the
      position for not less than 900 hours during a period of - 
          (A) not more than 2 years; or
          (B) not more than 3 years if the individual is enrolled in an
        institute (!1) of higher education while preforming (!2) all or
        a portion of the service.


      (3) Reduction in hours of part-time service
        The Corporation may reduce the number of hours required to be
      served to successfully complete part-time national service to a
      level determined by the Corporation, except that any reduction in
      the required term of service shall include a corresponding
      reduction in the amount of any national service educational award
      that may be available under division D of this subchapter with
      regard to that service.
    (c) Release from completing term of service
      (1) Release authorized
        A recipient of assistance under section 12571 of this title or
      a program sponsoring an approved national service position may
      release a participant from completing a term of service in the
      position - 
          (A) for compelling personal circumstances as demonstrated by
        the participant; or
          (B) for cause.
      (2) Effect of release for compelling circumstances
        If a participant eligible for release under paragraph (1)(A) is
      serving in an approved national service position, the recipient
      of assistance under section 12571 of this title or a program
      sponsoring an approved national service position may elect - 
          (A) to grant such release and provide to the participant that
        portion of the national service educational award corresponding
        to the portion of the term of service actually completed, as
        provided in section 12603(c) of this title; or
          (B) to permit the participant to temporarily suspend
        performance of the term of service for a period of up to 2
        years (and such additional period as the Corporation may allow
        for extenuating circumstances) and, upon completion of such
        period, to allow return to the program with which the
        individual was serving in order to complete the remainder of
        the term of service and obtain the entire national service
        educational award.
      (3) Effect of release for cause
        A participant released for cause may not receive any portion of
      the national service educational award.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 139, as added Pub. L. 103-82, title
    I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 810.)

-FOOTNOTE-
    (!1) So in original. Probably should be "institution".

    (!2) So in original. Probably should be "performing".


-End-



-CITE-
    42 USC Sec. 12594                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division C - National Service Trust Program
    Part III - National Service Participants

-HEAD-
    Sec. 12594. Living allowances for national service participants

-STATUTE-
    (a) Provision of living allowance
      (1) Living allowance required
        Subject to paragraph (3), a national service program carried
      out using assistance provided under section 12571 of this title
      shall provide to each participant who participates on a full-time
      basis in the program a living allowance in an amount equal to or
      greater than the average annual subsistence allowance provided to
      VISTA volunteers under section 4955 of this title.
      (2) Limitation on Federal share
        The amount of the annual living allowance provided under
      paragraph (1) that may be paid using assistance provided under
      section 12571 of this title and using any other Federal funds
      shall not exceed 85 percent of the total average annual (!1)
      provided to VISTA volunteers under section 4955 of this title.

      (3) Maximum living allowance
        Except as provided in subsection (c) of this section, the total
      amount of an annual living allowance that may be provided to a
      participant in a national service program shall not exceed 200
      percent of the average annual subsistence allowance provided to
      VISTA volunteers under section 4955 of this title.
      (4) Proration of living allowance
        The amount provided as a living allowance under this subsection
      shall be prorated in the case of a participant who is authorized
      to serve a reduced term of service under section 12593(b)(3) of
      this title.
      (5) Waiver or reduction of living allowance
        The Corporation may waive or reduce the requirement of
      paragraph (1) with respect to such national service program if
      such program demonstrates that - 
          (A) such requirement is inconsistent with the objectives of
        the program; and
          (B) the amount of the living allowance that will be provided
        to each full-time participant is sufficient to meet the
        necessary costs of living (including food, housing, and
        transportation) in the area in which the program is located.
      (6) Exemption
        The requirement of paragraph (1) shall not apply to any program
      that was in existence on September 21, 1993.
    (b) Coverage of certain employment-related taxes
      To the extent a national service program that receives assistance
    under section 12571 of this title is subject, with respect to the
    participants in the program, to the taxes imposed on an employer
    under sections 3111 and 3301 of title 26 and taxes imposed on an
    employer under a workmen's compensation act, the assistance
    provided to the program under section 12571 of this title shall
    include an amount sufficient to cover 85 percent of such taxes
    based upon the lesser of - 
        (1) the total average annual subsistence allowance provided to
      VISTA volunteers under section 4955 of this title; and
        (2) the annual living allowance established by the program.
    (c) Exception from maximum living allowance for certain assistance
      A professional corps program described in section 12572(a)(8) of
    this title that desires to provide a living allowance in excess of
    the maximum allowance authorized in subsection (a)(3) of this
    section may still apply for such assistance, except that - 
        (1) any assistance provided to the applicant under section
      12571 of this title may not be used to pay for any portion of the
      allowance;
        (2) the applicant shall apply for such assistance only by
      submitting an application to the Corporation for assistance on a
      competitive basis; and
        (3) the national service program shall be operated directly by
      the applicant and shall meet urgent, unmet human, educational,
      environmental, or public safety needs, as determined by the
      Corporation.
    (d) Health insurance
      (1) In general
        A State or other recipient of assistance under section 12571 of
      this title shall provide a basic health care policy for each full-
      time participant in a national service program carried out or
      supported using the assistance, if the participant is not
      otherwise covered by a health care policy. Not more than 85
      percent of the cost of a premium shall be provided by the
      Corporation, with the remaining cost paid by the entity receiving
      assistance under section 12571 of this title. The Corporation
      shall establish minimum standards that all plans must meet in
      order to qualify for payment under this part, any circumstances
      in which an alternative health care policy may be substituted for
      the basic health care policy, and mechanisms to prohibit
      participants from dropping existing coverage.
      (2) Option
        A State or other recipient of assistance under section 12571 of
      this title may elect to provide from its own funds a health care
      policy for participants that does not meet all of the standards
      established by the Corporation if the fair market value of such
      policy is equal to or greater than the fair market value of a
      plan that meets the minimum standards established by the
      Corporation, and is consistent with other applicable laws.
    (e) Child care
      (1) Availability
        A State or other recipient of assistance under section 12571 of
      this title shall - 
          (A) make child care available for children of each full-time
        participant who needs child care in order to participate in a
        national service program carried out or supported by the
        recipient using the assistance; or
          (B) provide a child care allowance to each full-time
        participant in a national service program who needs such
        assistance in order to participate in the program.
      (2) Guidelines
        The Corporation shall establish guidelines regarding the
      circumstances under which child care shall be made available
      under this subsection and the value of any allowance to be
      provided.
    (f) Individualized support services
      A State or other recipient of assistance under section 12571 of
    this title shall provide reasonable accommodation, including
    auxiliary aids and services (as defined in section 12102(1) of this
    title), based on the individualized need of a participant who is a
    qualified individual with a disability (as defined in section
    12111(8) of this title).
    (g) Waiver of limitation on Federal share
      The Corporation may waive in whole or in part the limitation on
    the Federal share specified in this section with respect to a
    particular national service program in any fiscal year if the
    Corporation determines that such a waiver would be equitable due to
    a lack of available financial resources at the local level.
    (h) Limitation on number of terms of service for federally
      subsidized living allowance
      No national service program may use assistance provided under
    section 12571 of this title, or any other Federal funds, to provide
    a living allowance under subsection (a) of this section, a health
    care policy under subsection (d) of this section, or child care or
    a child care allowance under subsection (e) of this section, to an
    individual for a third, or subsequent, term of service described in
    section 12593(b) of this title by the individual in a national
    service program carried out under this division.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 140, as added Pub. L. 103-82, title
    I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 811.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 140 of Pub. L. 101-610 was set out as a note
    under section 12501 of this title, prior to the general amendment
    of subtitle D of title I of Pub. L. 101-610 [former part D of this
    subchapter] by Pub. L. 103-82, Sec. 102(a).

-FOOTNOTE-
    (!1) So in original. Probably should be followed by "subsistence
         allowance".


-End-



-CITE-
    42 USC Sec. 12595                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division C - National Service Trust Program
    Part III - National Service Participants

-HEAD-
    Sec. 12595. National service educational awards

-STATUTE-
    (a) Eligibility generally
      A participant in a national service program carried out using
    assistance provided to an applicant under section 12571 of this
    title shall be eligible for the national service educational award
    described in division D of this subchapter if the participant - 
        (1) serves in an approved national service position; and
        (2) satisfies the eligibility requirements specified in section
      12602 of this title with respect to service in that approved
      national service position.
    (b) Special rule for VISTA volunteers
      A VISTA volunteer who serves in an approved national service
    position shall be ineligible for a national service educational
    award if the VISTA volunteer accepts the stipend authorized under
    section 4955(a)(1) of this title.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 141, as added Pub. L. 103-82, title
    I, Sec. 101(b), Sept. 21, 1993, 107 Stat. 814.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 141 of Pub. L. 101-610 was classified to section
    12571 of this title prior to the general amendment of subtitle D of
    title I of Pub. L. 101-610 [former part D of this subchapter] by
    Pub. L. 103-82, Sec. 102(a).

-End-


-CITE-
    42 USC Division D - National Service Trust and Provision
           of National Service Educational Awards          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division D - National Service Trust and Provision of National
                  Service Educational Awards      

-HEAD-
       DIVISION D - NATIONAL SERVICE TRUST AND PROVISION OF NATIONAL
                        SERVICE EDUCATIONAL AWARDS

-COD-
                               CODIFICATION                           
      Subtitle D of title I of Pub. L. 101-610, comprising this
    division, was formerly classified to part D (Sec. 12571 et seq.) of
    this subchapter prior to the general amendment by Pub. L. 103-82,
    Sec. 102(a).

-End-



-CITE-
    42 USC Sec. 12601                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division D - National Service Trust and Provision of National
                  Service Educational Awards      

-HEAD-
    Sec. 12601. Establishment of the National Service Trust

-STATUTE-
    (a) Establishment
      There is established in the Treasury of the United States an
    account to be known as the National Service Trust. The Trust shall
    consist of - 
        (1) from the amounts appropriated to the Corporation and made
      available to carry out this division pursuant to section
      12681(a)(2) of this title, such amounts as the Corporation may
      designate to be available for the payment of - 
          (A) national service educational awards; and
          (B) interest expenses pursuant to section 12604(e) of this
        title;

        (2) any amounts received by the Corporation as gifts, bequests,
      devises, or otherwise pursuant to section 12651g(a)(2) of this
      title; and
        (3) the interest on, and proceeds from the sale or redemption
      of, any obligations held by the Trust.
    (b) Investment of Trust
      It shall be the duty of the Secretary of the Treasury to invest
    in full the amounts appropriated to the Trust. Except as otherwise
    expressly provided in instruments concerning a gift, bequest,
    devise, or other donation and agreed to by the Corporation, such
    investments may be made only in interest-bearing obligations of the
    United States or in obligations guaranteed as to both principal and
    interest by the United States. For such purpose, such obligations
    may be acquired on original issue at the issue price or by purchase
    of outstanding obligations at the market price. Any obligation
    acquired by the Trust may be sold by the Secretary at the market
    price.
    (c) Expenditures from Trust
      Amounts in the Trust shall be available, to the extent provided
    for in advance by appropriation, for payments of national service
    educational awards in accordance with section 12604 of this title.
    (d) Reports to Congress on receipts and expenditures
      Not later than March 1 of each year, the Corporation shall submit
    a report to the Congress on the financial status of the Trust
    during the preceding fiscal year. Such report shall - 
        (1) specify the amount deposited to the Trust from the most
      recent appropriation to the Corporation, the amount received by
      the Corporation as gifts, bequests, devises, or otherwise
      pursuant to section 12651g(a)(2) of this title during the period
      covered by the report, and any amounts obtained by the Trust
      pursuant to subsection (a)(3) of this section;
        (2) identify the number of individuals who are currently
      performing service to qualify, or have qualified, for national
      service educational awards;
        (3) identify the number of individuals whose expectation to
      receive national service educational awards during the period
      covered by the report - 
          (A) has been reduced pursuant to section 12603(c) of this
        title; or
          (B) has lapsed pursuant to section 12602(d) of this title;
        and

        (4) estimate the number of additional approved national service
      positions that the Corporation will be able to make available
      under division C of this subchapter on the basis of any
      accumulated surplus in the Trust above the amount required to
      provide national service educational awards to individuals
      identified under paragraph (2), including any amounts available
      as a result of the circumstances referred to in paragraph (3).

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 145, as added Pub. L. 103-82, title
    I, Sec. 102(a), Sept. 21, 1993, 107 Stat. 816.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12601, Pub. L. 101-610, title I, Sec. 156, Nov.
    16, 1990, 104 Stat. 3156, related to authority of Commission on
    National and Community Service to make grants to States or Indian
    tribes for creation of innovative volunteer and community service
    programs, prior to repeal by Pub. L. 103-82, Sec. 104(a).
      A prior section 145 of Pub. L. 101-610 was classified to section
    12575 of this title prior to the general amendment of subtitle D of
    title I of Pub. L. 101-610 [former part D of this subchapter] by
    Pub. L. 103-82, Sec. 102(a).

                              EFFECTIVE DATE                          
      Division effective Oct. 1, 1993, see section 123 of Pub. L. 103-
    82, set out as an Effective Date of 1993 Amendment note under
    section 1701 of Title 16, Conservation.

                     SEGAL AMERICORPS EDUCATION AWARD                 
      Pub. L. 109-234, title VII, Sec. 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'."

-End-



-CITE-
    42 USC Sec. 12602                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division D - National Service Trust and Provision of National
                  Service Educational Awards      

-HEAD-
    Sec. 12602. Individuals eligible to receive a national service
      educational award from the Trust

-STATUTE-
    (a) Eligible individuals
      An individual shall receive a national service educational award
    from the National Service Trust if the individual - 
        (1) successfully completes the required term of service
      described in subsection (b) of this section in an approved
      national service position;
        (2) was 17 years of age or older at the time the individual
      began serving in the approved national service position or was an
      out-of-school youth serving in an approved national service
      position with a youth corps program described in section
      12572(a)(2) of this title or a program described in section
      12572(a)(9) of this title;
        (3) at the time the individual uses the national service
      educational award - 
          (A) has received a high school diploma, or the equivalent of
        such diploma;
          (B) is enrolled at an institution of higher education on the
        basis of meeting the standard described in paragraph (1) or (2)
        of subsection (a) of section 1091 of title 20 and meets the
        requirements of subsection (a) of such section; or
          (C) has received a waiver described in section 12591(c) of
        this title; and

        (4) is a citizen or national of the United States or lawful
      permanent resident alien of the United States.
    (b) Term of service
      The term of service for an approved national service position
    shall not be less than the full- or part-time term of service
    specified in section 12593(b) of this title.
    (c) Limitation on number of terms of service for awards
      Although an individual may serve more than 2 terms of service
    described in subsection (b) of this section in an approved national
    service position, the individual shall receive a national service
    educational award from the National Service Trust only on the basis
    of the first and second of such terms of service.
    (d) Time for use of educational award
      (1) Seven-year requirement
        An individual eligible to receive a national service
      educational award under this section may not use such award after
      the end of the 7-year period beginning on the date the individual
      completes the term of service in an approved national service
      position that is the basis of the award.
      (2) Exception
        The Corporation may extend the period within which an
      individual may use a national service educational award if the
      Corporation determines that the individual - 
          (A) was unavoidably prevented from using the national service
        educational award during the original 7-year period; or
          (B) performed another term of service in an approved national
        service position during that period.
    (e) Suspension of eligibility for drug-related offenses
      (1) In general
        An individual who, after qualifying under this section as an
      eligible individual, has been convicted under any Federal or
      State law of the possession or sale of a controlled substance
      shall not be eligible to receive a national service educational
      award during the period beginning on the date of such conviction
      and ending after the interval specified in the following table:


      If convicted of:                                                  
    The possession of a controlled         Ineligibility period is:     
     substance:                                                         
      1st conviction                       1 year                       
      2nd conviction                       2 years                      
      3rd conviction                       indefinite                   
    The sale of a controlled substance:                                 
      1st conviction                       2 years                      
      2nd conviction                       indefinite                   
    --------------------------------------------------------------------

      (2) Rehabilitation
        An individual whose eligibility has been suspended under
      paragraph (1) shall resume eligibility before the end of the
      period determined under such paragraph if the individual
      satisfactorily completes a drug rehabilitation program that
      complies with such criteria as the Corporation shall prescribe
      for purposes of this paragraph.
      (3) First convictions
        An individual whose eligibility has been suspended under
      paragraph (1) and is convicted of a first offense may resume
      eligibility before the end of the period determined under such
      paragraph if the individual demonstrates that he or she has
      enrolled or been accepted for enrollment in a drug rehabilitation
      program described in paragraph (2).
      (4) "Controlled substance" defined
        As used in this subsection, the term "controlled substance" has
      the meaning given in section 802(6) of title 21.
      (5) Effective date
        This subsection shall be effective upon publication by the
      Corporation in the Federal Register of criteria prescribed under
      paragraph (2).
    (f) Authority to establish demonstration programs
      The Corporation may establish by regulation demonstration
    programs for the creation and evaluation of innovative volunteer
    and community service programs.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 146, as added Pub. L. 103-82, title
    I, Sec. 102(a), Sept. 21, 1993, 107 Stat. 818; amended Pub. L. 103-
    304, Sec. 3(b)(4), Aug. 23, 1994, 108 Stat. 1567.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12602, Pub. L. 101-610, title I, Sec. 157, Nov.
    16, 1990, 104 Stat. 3156; Pub. L. 102-10, Sec. 7, Mar. 12, 1991,
    105 Stat. 31, related to grant applications, awards, and uses,
    prior to repeal by Pub. L. 103-82, Sec. 104(a).
      A prior section 146 of Pub. L. 101-610 was classified to section
    12576 of this title prior to the general amendment of subtitle D of
    title I of Pub. L. 101-610 [former part D of this subchapter] by
    Pub. L. 103-82, Sec. 102(a).

                                AMENDMENTS                            
      1994 - Subsec. (a)(3). Pub. L. 103-304 struck out second par. (3)
    which read as follows: "has received a high school diploma, or the
    equivalent of such diploma, at the time the individual uses the
    national service educational award, unless this requirement has
    been waived based on an individual education assessment conducted
    by the program; and".

-End-



-CITE-
    42 USC Sec. 12603                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division D - National Service Trust and Provision of National
                  Service Educational Awards      

-HEAD-
    Sec. 12603. Determination of amount of national service educational
      award

-STATUTE-
    (a) Amount for full-time national service
      Except as provided in subsection (c) of this section, an
    individual described in section 12602(a) of this title who
    successfully completes a required term of full-time national
    service in an approved national service position shall receive a
    national service educational award having a value, for each of not
    more than 2 of such terms of service, equal to 90 percent of - 
        (1) one-half of an amount equal to the aggregate basic
      educational assistance allowance provided in section 3015(b)(1)
      of title 38 (as in effect on July 28, 1993), for the period
      referred to in section 3013(a)(1) of such title (as in effect on
      July 28, 1993), for a member of the Armed Forces who is entitled
      to such an allowance under section 3011 of such title and whose
      initial obligated period of active duty is 2 years; less
        (2) one-half of the aggregate basic contribution required to be
      made by the member in section 3011(b) of such title (as in effect
      on July 28, 1993).
    (b) Amount for part-time national service
      Except as provided in subsection (c) of this section, an
    individual described in section 12602(a) of this title who
    successfully completes a required term of part-time national
    service in an approved national service position shall receive a
    national service educational award having a value, for each of not
    more than 2 of such terms of service, equal to 50 percent of value
    of the national service educational award determined under
    subsection (a) of this section.
    (c) Award for partial completion of service
      If an individual serving in an approved national service position
    is released in accordance with section 12593(c)(1)(A) of this title
    from completing the full-time or part-time term of service agreed
    to by the individual, the Corporation may provide the individual
    with that portion of the national service educational award
    approved for the individual that corresponds to the quantity of the
    term of service actually completed by the individual.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 147, as added Pub. L. 103-82, title
    I, Sec. 102(a), Sept. 21, 1993, 107 Stat. 819.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 147 of Pub. L. 101-610 was classified to section
    12577 of this title prior to the general amendment of subtitle D of
    title I of Pub. L. 101-610 [former part D of this subchapter] by
    Pub. L. 103-82, Sec. 102(a).

-End-



-CITE-
    42 USC Sec. 12604                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division D - National Service Trust and Provision of National
                  Service Educational Awards      

-HEAD-
    Sec. 12604. Disbursement of national service educational awards

-STATUTE-
    (a) In general
      Amounts in the Trust shall be available - 
        (1) to repay student loans in accordance with subsection (b) of
      this section;
        (2) to pay all or part of the cost of attendance at an
      institution of higher education in accordance with subsection (c)
      of this section;
        (3) to pay expenses incurred in participating in an approved
      school-to-work program in accordance with subsection (d) of this
      section; and
        (4) to pay interest expenses in accordance with regulations
      prescribed pursuant to subsection (e) of this section.
    (b) Use of educational award to repay outstanding student loans
      (1) Application by eligible individuals
        An eligible individual under section 12602 of this title who
      desires to apply the national service educational award of the
      individual to the repayment of qualified student loans shall
      submit, in a manner prescribed by the Corporation, an application
      to the Corporation that - 
          (A) identifies, or permits the Corporation to identify
        readily, the holder or holders of such loans;
          (B) indicates, or permits the Corporation to determine
        readily, the amounts of principal and interest outstanding on
        the loans;
          (C) specifies, if the outstanding balance is greater than the
        amount disbursed under paragraph (2), which of the loans the
        individual prefers to be paid by the Corporation; and
          (D) contains or is accompanied by such other information as
        the Corporation may require.
      (2) Disbursement of repayments
        Upon receipt of an application from an eligible individual of
      an application that complies with paragraph (1), the Corporation
      shall, as promptly as practicable consistent with paragraph (5),
      disburse the amount of the national service educational award
      that the eligible individual has earned. Such disbursement shall
      be made by check or other means that is payable to the holder of
      the loan and requires the endorsement or other certification by
      the eligible individual.
      (3) Application of disbursed amounts
        If the amount disbursed under paragraph (2) is less than the
      principal and accrued interest on any qualified student loan,
      such amount shall be applied according to the specified
      priorities of the individual.
      (4) Reports by holders
        Any holder receiving a loan payment pursuant to this subsection
      shall submit to the Corporation such information as the
      Corporation may require to verify that such payment was applied
      in accordance with this subsection and any regulations prescribed
      to carry out this subsection.
      (5) Notification of individual
        The Corporation upon disbursing the national service
      educational award, shall notify the individual of the amount paid
      for each outstanding loan and the date of payment.
      (6) Authority to aggregate payments
        The Corporation may, by regulation, provide for the aggregation
      of payments to holders under this subsection.
      (7) "Qualified student loans" defined
        As used in this subsection, the term "qualified student loans"
      means - 
          (A) any loan made, insured, or guaranteed pursuant to title
        IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.
        [and 42 U.S.C. 2751 et seq.]), other than a loan to a parent of
        a student pursuant to section 428B of such Act (20 U.S.C. 1078-
        2); and
          (B) any loan made pursuant to title VII or VIII of the Public
        Health Service Act [42 U.S.C. 292 et seq., 296 et seq.].
      (8) "Holder" defined
        As used in this subsection, the term "holder" with respect to
      any eligible loan means the original lender or, if the loan is
      subsequently sold, transferred, or assigned to some other person,
      and such other person acquires a legally enforceable right to
      receive payments from the borrower, such other person.
    (c) Use of educational awards to pay current educational expenses
      (1) Application by eligible individual
        An eligible individual under section 12602 of this title who
      desires to apply the individual's national service educational
      award to the payment of current full-time or part-time
      educational expenses shall, on a form prescribed by the
      Corporation, submit an application to the institution of higher
      education in which the student will be enrolled that contains
      such information as the Corporation may require to verify the
      individual's eligibility.
      (2) Submission of requests for payment by institutions
        An institution of higher education that receives one or more
      applications that comply with paragraph (1) shall submit to the
      Corporation a statement, in a manner prescribed by the
      Corporation, that - 
          (A) identifies each eligible individual filing an application
        under paragraph (1) for a disbursement of the individual's
        national service educational award under this subsection;
          (B) specifies the amounts for which such eligible individuals
        are, consistent with paragraph (6), qualified for disbursement
        under this subsection;
          (C) certifies that - 
            (i) the institution of higher education has in effect a
          program participation agreement under section 487 of the
          Higher Education Act of 1965 (20 U.S.C. 1094);
            (ii) the institution's eligibility to participate in any of
          the programs under title IV of such Act (20 U.S.C. 1070 et
          seq. [and 42 U.S.C. 2751 et seq.]) has not been limited,
          suspended, or terminated; and
            (iii) individuals using national service educational awards
          received under this division to pay for educational costs do
          not comprise more than 15 percent of the total student
          population of the institution; and

          (D) contains such provisions concerning financial compliance
        as the Corporation may require.
      (3) Disbursement of payments
        Upon receipt of a statement from an institution of higher
      education that complies with paragraph (2), the Corporation
      shall, subject to paragraph (4), disburse the total amount of the
      national service educational awards for which eligible
      individuals who have submitted applications to that institution
      under paragraph (1) are scheduled to receive. Such disbursement
      shall be made by check or other means that is payable to the
      institution and requires the endorsement or other certification
      by the eligible individual.
      (4) Multiple disbursements required
        The total amount required to be disbursed to an institution of
      higher education under paragraph (3) for any period of enrollment
      shall be disbursed by the Corporation in 2 or more installments,
      none of which exceeds  1/2  of such total amount. The interval
      between the first and second such installment shall not be less
      than  1/2  of such period of enrollment, except as necessary to
      permit the second installment to be paid at the beginning of the
      second semester, quarter, or similar division of such period of
      enrollment.
      (5) Refund rules
        The Corporation shall, by regulation, provide for the refund to
      the Corporation (and the crediting to the national service
      educational award of an eligible individual) of amounts disbursed
      to institutions for the benefit of eligible individuals who
      withdraw or otherwise fail to complete the period of enrollment
      for which the assistance was provided. Such regulations shall be
      consistent with the fair and equitable refund policies required
      of institutions pursuant to section 484B of the Higher Education
      Act of 1965 (20 U.S.C. 1091b). Amounts refunded to the Trust
      pursuant to this paragraph may be used by the Corporation to fund
      additional approved national service positions under division C
      of this subchapter.
      (6) Maximum award
        The portion of an eligible individual's total available
      national service educational award that may be disbursed under
      this subsection for any period of enrollment shall not exceed the
      difference between - 
          (A) the eligible individual's cost of attendance for such
        period of enrollment, determined in accordance with section 472
        of the Higher Education Act of 1965 (20 U.S.C. 1087ll); and
          (B) the sum of - 
            (i) the student's estimated financial assistance for such
          period under part A of title IV of such Act (20 U.S.C. 1070
          et seq.); and
            (ii) the student's veterans' education benefits, determined
          in accordance with section 480(c) of such Act (20 U.S.C.
          1087vv(c)).
    (d) Use of educational award to participate in approved school-to-
      work programs
      The Corporation shall by regulation provide for the payment of
    national service educational awards to permit eligible individuals
    to participate in school-to-work programs approved by the
    Secretaries of Labor and Education.
    (e) Interest payments during forbearance on loan repayment
      The Corporation shall provide by regulation for the payment on
    behalf of an eligible individual of interest that accrues during a
    period for which such individual has obtained forbearance in the
    repayment of a qualified student loan (as defined in subsection
    (b)(6) (!1) of this section), if the eligible individual
    successfully completes the individual's required term of service
    (as determined under section 12602(b) of this title). Such
    regulations shall be prescribed after consultation with the
    Secretary of Education.

    (f) Exception
      With the approval of the Director, an approved national service
    program funded under section 12571 of this title, may offer
    participants the option of waiving their right to receive a
    national service educational award in order to receive an
    alternative post-service benefit funded by the program entirely
    with non-Federal funds.
    (g) "Institution of higher education" defined
      Notwithstanding section 12511 of this title, for purposes of this
    section the term "institution of higher education" has the meaning
    provided by section 102 of the Higher Education Act of 1965 [20
    U.S.C. 1002].

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 148, as added Pub. L. 103-82, title
    I, Sec. 102(a), Sept. 21, 1993, 107 Stat. 820; amended Pub. L. 105-
    244, title I, Sec. 102(c)(2), Oct. 7, 1998, 112 Stat. 1622.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Higher Education Act of 1965, referred to in subsecs.
    (b)(7)(A) and (c)(2)(C)(ii), (6)(B)(i), is Pub. L. 89-329, Nov. 8,
    1965, 79 Stat. 1219, as amended. Title IV of the Act is classified
    generally to subchapter IV (Sec. 1070 et seq.) of chapter 28 of
    Title 20, Education, and part C (Sec. 2751 et seq.) of subchapter I
    of chapter 34 of this title. Part A of title IV of the Act is
    classified generally to part A (Sec. 1070 et seq.) of subchapter IV
    of chapter 28 of Title 20. For complete classification of this Act
    to the Code, see Short Title note set out under section 1001 of
    Title 20 and Tables.
      The Public Health Service Act, referred to in subsec. (b)(7)(B),
    is act July 1, 1944, ch. 373, 58 Stat. 682, as amended. Titles VII
    and VIII of the Act are classified generally to subchapters V (Sec.
    292 et seq.) and VI (Sec. 296 et seq.), respectively, of chapter 6A
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 201 of this title and
    Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 148 of Pub. L. 101-610 was classified to section
    12578 of this title prior to the general amendment of subtitle D of
    title I of Pub. L. 101-610 [former part D of this subchapter] by
    Pub. L. 103-82, Sec. 102(a).

                                AMENDMENTS                            
      1998 - Subsec. (g). Pub. L. 105-244 substituted "section 102 of
    the Higher Education Act of 1965" for "section 481(a) of the Higher
    Education Act of 1965 (20 U.S.C. 1088(a))".

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
    otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-
    244, set out as a note under section 1001 of Title 20, Education.

-FOOTNOTE-
    (!1) So in original. Probably should be subsection "(b)(7)".


-End-



-CITE-
    42 USC Sec. 12605                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division D - National Service Trust and Provision of National
                  Service Educational Awards      

-HEAD-
    Sec. 12605. Process of approval of national service positions

-STATUTE-
    (a) Definitions
      In this section, the terms "approved national service position"
    and "Corporation" have the meanings given the terms in section 101
    of the National and Community Service Act of 1990 (42 U.S.C.
    12511).
    (b) Timing and recording requirements
      (1) In general
        Notwithstanding subtitles C and D of title I of the National
      and Community Service Act of 1990 (42 U.S.C. 12571 et seq., 12601
      et seq.), and any other provision of law, in approving a position
      as an approved national service 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 subtitle
          E of title I of that Act (42 U.S.C. 12611 et seq.) or title I
          of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951
          et seq.); 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 may
          be approved under section 123 of the National and Community
          Service Act of 1990 (42 U.S.C. 12573); and

          (B) shall record as an obligation an estimate of the net
        present value of the national service educational award
        associated with the position, based on a formula that takes
        into consideration historical rates of enrollment in such a
        program, and of earning and using national service educational
        awards for such a program.
      (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 Congress 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 that the Corporation approves -
       
          (A) during fiscal year 2003 (before or after July 3, 2003);
        and
          (B) during any subsequent fiscal year.
    (c) Reserve account
      (1) Establishment and contents
        (A) Establishment
          Notwithstanding subtitles C and D of title I of the National
        and Community Service Act of 1990 (42 U.S.C. 12571 et seq.,
        12601 et seq.), and any other provision of law, within the
        National Service Trust established under section 145 of the
        National and Community Service Act of 1990 (42 U.S.C. 12601),
        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 for each fiscal
        year, the Corporation shall place in the account - 
            (i) during fiscal year 2003, a portion of the funds that
          were appropriated for fiscal year 2003 or a previous fiscal
          year under section 501(a)(2) (42 U.S.C. 12681(a)(2)), were
          made available to carry out subtitle C or D of title I of
          that Act, and remain available; and
            (ii) during fiscal year 2004 or a subsequent fiscal year, a
          portion of the funds that were appropriated for that fiscal
          year under section 501(a)(2) and were made available to carry
          out subtitle C or D of title I of that Act.
      (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; or
          (B) obligates the funds for the payment of such awards for
        such previously approved national service positions.
    (d) Audits
      The accounts of the Corporation relating to the appropriated
    funds for approved national service positions, and the records
    demonstrating the manner in which the Corporation has recorded
    estimates described in subsection (b)(1)(B) of this section 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 (b)(3) of this section.
    (e) Availability of amounts
      Except as provided in subsection (c) of this section, all amounts
    included in the National Service Trust under paragraphs (1), (2),
    and (3) of section 145(a) of the National and Community Service Act
    of 1990 (42 U.S.C. 12601(a)) shall be available for payments of
    national service educational awards under section 148 of that Act
    (42 U.S.C. 12604).

-SOURCE-
    (Pub. L. 108-45, Sec. 2, July 3, 2003, 117 Stat. 844.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National and Community Service Act of 1990, referred to in
    subsecs. (b)(1) and (c)(1), is Pub. L. 101-610, Nov. 16, 1990, 104
    Stat. 3127, as amended. Subtitles C, D, and E of title I of the Act
    are classified generally to divisions C (Sec. 12571 et seq.), D
    (Sec. 12601 et seq.), and E (Sec. 12611 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.
      The Domestic Volunteer Service Act of 1973, referred to in
    subsec. (b)(1)(A)(i), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat.
    394, as amended. Title I of the Act is classified generally to
    subchapter I (Sec. 4951 et seq.) of chapter 66 of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 4950 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Strengthen AmeriCorps Program
    Act, and not as part of the National and Community Service Act of
    1990 which comprises this chapter.


-MISC1-
                                SHORT TITLE                            
      For short title of Pub. L. 108-45 which enacted this section, as
    the Strengthen AmeriCorps Program Act, see section 1 of Pub. L. 108-
    45, set out as a note under section 12501 of this title.

-End-


-CITE-
    42 USC Division E - Civilian Community Corps                01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division E - Civilian Community Corps

-HEAD-
                   DIVISION E - CIVILIAN COMMUNITY CORPS               

-COD-
                               CODIFICATION                           
      Subtitle E of title I of Pub. L. 101-610, comprising this
    division, was formerly classified to part H (Sec. 12653 et seq.) of
    this subchapter prior to amendment by Pub. L. 103-82, Sec. 104(b).


-MISC1-
                             PRIOR PROVISIONS                         
      This division is comprised of subtitle E, Secs. 151-166, of title
    I of Pub. L. 101-610. A prior part E (Sec. 12591 et seq.),
    comprised of subtitle E, Secs. 155-167, of title I of Pub. L. 101-
    610, related to innovative and demonstration programs and
    projects, prior to repeal by Pub. L. 103-82, Sec. 104(a).

-End-



-CITE-
    42 USC Sec. 12611                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division E - Civilian Community Corps

-HEAD-
    Sec. 12611. Purpose

-STATUTE-
      It is the purpose of this division to authorize the establishment
    of a Civilian Community Corps to provide a basis for determining - 
        (1) whether residential service programs administered by the
      Federal Government can significantly increase the support for
      national service and community service by the people of the
      United States;
        (2) whether such programs can expand the opportunities for
      willing young men and women to perform meaningful, direct, and
      consequential acts of community service in a manner that will
      enhance their own skills while contributing to their
      understanding of civic responsibility in the United States;
        (3) whether retired members and former members of the Armed
      Forces of the United States, members and former members of the
      Armed Forces discharged or released from active duty in
      connection with reduced Department of Defense spending, members
      and former members of the Armed Forces discharged or transferred
      from the Selected Reserve of the Ready Reserve in connection with
      reduced Department of Defense spending, and other members of the
      Armed Forces not on active duty and not actively participating in
      a reserve component of the Armed Forces can provide guidance and
      training under such programs that contribute meaningfully to the
      encouragement of national and community service; and
        (4) whether domestic national service programs can serve as a
      substitute for the traditional option of military service in the
      Armed Forces of the United States which, in times of reductions
      in the size of the Armed Forces, is a diminishing national
      service opportunity for young Americans.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 151, formerly Sec. 195, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2522; renumbered Sec. 151, Pub. L. 103-82, title I, Sec.
    104(b), Sept. 21, 1993, 107 Stat. 840.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12653 of this title
    prior to renumbering by Pub. L. 103-82, Sec. 104(b).


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12611, Pub. L. 101-610, title I, Sec. 160, Nov.
    16, 1990, 104 Stat. 3157, authorized Commission to make grants to
    Directors of Peace Corps and ACTION to carry out training and
    educational benefits demonstration programs, prior to repeal by
    Pub. L. 103-82, Sec. 104(a).

-End-



-CITE-
    42 USC Sec. 12612                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division E - Civilian Community Corps

-HEAD-
    Sec. 12612. Establishment of Civilian Community Corps Demonstration
      Program

-STATUTE-
    (a) In general
      The Corporation may establish the Civilian Community Corps
    Demonstration Program to carry out the purpose of this division.
    (b) Program components
      Under the Civilian Community Corps Demonstration Program
    authorized by subsection (a) of this section, the members of a
    Civilian Community Corps shall receive training and perform service
    in at least one of the following two program components:
        (1) A national service program.
        (2) A summer national service program.
    (c) Residential programs
      Both program components are residential programs. The members of
    the Corps in each program shall reside with other members of the
    Corps in Corps housing during the periods of the members' agreed
    service.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 152, formerly Sec. 195A, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2523; renumbered Sec. 152 and amended Pub. L. 103-82,
    title I, Sec. 104(b), title IV, Sec. 402(b)(2), Sept. 21, 1993, 107
    Stat. 840, 919.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12653a of this title
    prior to renumbering by Pub. L. 103-82, Sec. 104(b).


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12612, Pub. L. 101-610, title I, Sec. 161, Nov.
    16, 1990, 104 Stat. 3157; Pub. L. 102-384, Sec. 7(a), Oct. 5, 1992,
    106 Stat. 1456, related to eligibility and selection procedures,
    prior to repeal by Pub. L. 103-82, Sec. 104(a).

                                AMENDMENTS                            
      1993 - Subsec. (a). Pub. L. 103-82, Sec. 402(b)(2), substituted
    "Corporation" for "Commission on National and Community Service".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by section 402(b)(2) of Pub. L. 103-82 effective Oct.
    1, 1993, see section 406(a) of Pub. L. 103-82, set out as a note
    under section 5061 of this title.

                       REPORT AND STUDY REQUIREMENTS                   
      Section 1092(b) of Pub. L. 102-484, as amended by Pub. L. 103-82,
    title I, Sec. 104(e)(1)(B), (C), title IV, Sec. 402(a)(1), Sept.
    21, 1993, 107 Stat. 846, 918, provided that:
      "(1) Not later than 180 days after the date on which the
    Corporation for National and Community Service establishes the
    Civilian Community Corps Demonstration Program authorized by
    section 152 of the National and Community Service Act of 1990 [42
    U.S.C. 12612] (as added by subsection (a)), the Board of Directors
    of the Corporation shall prepare and submit to the appropriate
    committees of Congress a progress report on the implementation of
    the provisions of subtitle E of title I of such Act [42 U.S.C.
    12611 et seq.]. The progress report shall include an assessment of
    the activities undertaken in establishing and administering
    Civilian Community Corps camps and an analysis of the level of
    coordination of Corps activities with activities of other
    departments or agencies of the Federal Government.
      "(2) Not later than 90 days after the end of the one-year period
    beginning on the first day of the Civilian Community Corps
    Demonstration Program established pursuant to section 152 of the
    National and Community Service Act of 1990 (as added by subsection
    (a)), the Board of Directors of the Corporation for National and
    Community Service and the Director of the Civilian Community Corps
    shall prepare and submit to the appropriate committees of Congress
    a report concerning the desirability and feasibility of
    establishing the Civilian Community Corps as an independent agency
    of the Federal Government."

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

-End-



-CITE-
    42 USC Sec. 12613                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division E - Civilian Community Corps

-HEAD-
    Sec. 12613. National service program

-STATUTE-
    (a) In general
      Under the national service program component of the Civilian
    Community Corps Demonstration Program authorized by section
    12612(a) of this title, eligible young people shall work in teams
    on Civilian Community Corps projects.
    (b) Eligible participants
      A person shall be eligible for selection for the national service
    program if the person - 
        (1) is at least 16 and not more than 24 years of age; and
        (2) is a high school graduate or has not received a high school
      diploma or its equivalent.
    (c) Diverse backgrounds of participants
      In selecting persons for the national service program, the
    Director shall endeavor to ensure that participants are from
    economically, geographically, and ethnically diverse backgrounds.
    (d) Necessary participants
      To the extent practicable, at least 50 percent of the
    participants in the national service program shall be economically
    disadvantaged youths.
    (e) Period of participation
      Persons desiring to participate in the national service program
    shall enter into an agreement with the Director to participate in
    the Corps for a period of not less than nine months and not more
    than one year, as specified by the Director, and may renew the
    agreement for not more than one additional such period.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 153, formerly Sec. 195B, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2523; renumbered Sec. 153 and amended Pub. L. 103-82,
    title I, Sec. 104(b), (e)(2)(A), Sept. 21, 1993, 107 Stat. 840,
    846.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12653b of this title
    prior to renumbering by Pub. L. 103-82, Sec. 104(b).


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12613, Pub. L. 101-610, title I, Sec. 162, Nov.
    16, 1990, 104 Stat. 3158, related to training program in skills to
    be employed in Peace Corps or VISTA, prior to repeal by Pub. L. 103-
    82, Sec. 104(a).

                                AMENDMENTS                            
      1993 - Subsec. (a). Pub. L. 103-82, Sec. 104(e)(2)(A),
    substituted "section 12612(a)" for "section 12653a(a)".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
    123 of Pub. L. 103-82, set out as a note under section 1701 of
    Title 16, Conservation.

-End-



-CITE-
    42 USC Sec. 12614                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division E - Civilian Community Corps

-HEAD-
    Sec. 12614. Summer national service program

-STATUTE-
    (a) In general
      Under the summer national service program of the Civilian
    Community Corps Demonstration Program authorized by section
    12612(a) of this title, a diverse group of youth aged 14 through 18
    years who are from urban or rural areas shall work in teams on
    Civilian Community Corps projects.
    (b) Necessary participants
      To the extent practicable, at least 50 percent of the
    participants in the summer national service program shall be
    economically disadvantaged youths.
    (c) Seasonal program
      The training and service of Corps members under the summer
    national service program in each year shall be conducted after
    April 30 and before October 1 of that year.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 154, formerly Sec. 195C, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2524; renumbered Sec. 154 and amended Pub. L. 103-82,
    title I, Sec. 104(b), (e)(2)(B), Sept. 21, 1993, 107 Stat. 840,
    847.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12653c of this title
    prior to renumbering by Pub. L. 103-82, Sec. 104(b).


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12614, Pub. L. 101-610, title I, Sec. 163, Nov.
    16, 1990, 104 Stat. 3158; Pub. L. 102-384, Sec. 7(b), Oct. 5, 1992,
    106 Stat. 1456, related to higher education benefits for those
    selected for Peace Corps or VISTA demonstration programs, prior to
    repeal by Pub. L. 103-82, Sec. 104(a).

                                AMENDMENTS                            
      1993 - Subsec. (a). Pub. L. 103-82, Sec. 104(e)(2)(B),
    substituted "section 12612(a)" for "section 12653a(a)".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
    123 of Pub. L. 103-82, set out as a note under section 1701 of
    Title 16, Conservation.

-End-



-CITE-
    42 USC Sec. 12615                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division E - Civilian Community Corps

-HEAD-
    Sec. 12615. Civilian Community Corps

-STATUTE-
    (a) Director
      Upon the establishment of the Civilian Community Corps
    Demonstration Program, the Civilian Community Corps shall be under
    the direction of the Director appointed pursuant to section
    12619(c)(1) of this title.
    (b) Membership in Civilian Community Corps
      (1) Participants to be members
        Persons selected to participate in the national service program
      or the summer national service program components of the Program
      shall become members of the Civilian Community Corps.
      (2) Selection of members
        The Director or the Director's designee shall select
      individuals for membership in the Corps.
      (3) Application for membership
        To be selected to become a Corps member an individual shall
      submit an application to the Director or to any other office as
      the Director may designate, at such time, in such manner, and
      containing such information as the Director shall require. At a
      minimum, the application shall contain information about the work
      experience of the applicant and sufficient information to enable
      the Director, or the superintendent of the appropriate camp, to
      determine whether selection of the applicant for membership in
      the Corps is appropriate.
    (c) Organization of Corps into units
      (1) Units
        The Corps shall be divided into permanent units. Each Corps
      member shall be assigned to a unit.
      (2) Unit leaders
        The leader of each unit shall be selected from among persons in
      the permanent cadre established pursuant to section 12619(c)(2)
      of this title. The designated leader shall accompany the unit
      throughout the period of agreed service of the members of the
      unit.
    (d) Camps
      (1) Units to be assigned to camps
        The units of the Corps shall be grouped together as appropriate
      in camps for operational, support, and boarding purposes. The
      Corps camp for a unit shall be in a facility or central location
      established as the operational headquarters and boarding place
      for the unit. Corps members may be housed in the camps.
      (2) Camp superintendent
        There shall be a superintendent for each camp. The
      superintendent is the head of the camp.
      (3) Eligible site for camp
        A camp may be located in a facility referred to in section
      12622(a)(3) of this title.
    (e) Distribution of units and camps
      The Director shall ensure that the Corps units and camps are
    distributed in urban areas and rural areas in various regions
    throughout the United States.
    (f) Standards of conduct
      (1) In general
        The superintendent of each camp shall establish and enforce
      standards of conduct to promote proper moral and disciplinary
      conditions in the camp.
      (2) Sanctions
        Under procedures prescribed by the Director, the superintendent
      of a camp may - 
          (A) transfer a member of the Corps in that camp to another
        unit or camp if the superintendent determines that the
        retention of the member in the member's unit or in the
        superintendent's camp will jeopardize the enforcement of the
        standards or diminish the opportunities of other Corps members
        in that unit or camp, as the case may be; or
          (B) dismiss a member of the Corps from the Corps if the
        superintendent determines that retention of the member in the
        Corps will jeopardize the enforcement of the standards or
        diminish the opportunities of other Corps members.
      (3) Appeals
        Under procedures prescribed by the Director, a member of the
      Corps may appeal to the Director a determination of a camp
      superintendent to transfer or dismiss the member. The Director
      shall provide for expeditious disposition of appeals under this
      paragraph.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 155, formerly Sec. 195D, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2524; renumbered Sec. 155 and amended Pub. L. 103-82,
    title I, Sec. 104(b), (e)(2)(C), title IV, Sec. 403(b), Sept. 21,
    1993, 107 Stat. 840, 847, 920; Pub. L. 103-304, Sec. 3(b)(5)(A),
    Aug. 23, 1994, 108 Stat. 1567.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12653d of this title
    prior to renumbering by Pub. L. 103-82, Sec. 104(b).


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12615, Pub. L. 101-610, title I, Sec. 164, Nov.
    16, 1990, 104 Stat. 3159; Pub. L. 102-384, Sec. 4, Oct. 5, 1992,
    106 Stat. 1455, related to evaluation reports on Peace Corps and
    VISTA demonstration programs, prior to repeal by Pub. L. 103-82,
    Sec. 104(a).
      A prior section 155 of Pub. L. 101-610 was classified to section
    12591 of this title prior to repeal by Pub. L. 103-82.

                                AMENDMENTS                            
      1994 - Subsec. (e). Pub. L. 103-304 substituted "camps" for
    "Corps" in heading.
      1993 - Subsec. (a). Pub. L. 103-82, Sec. 403(b), substituted
    "Director" for "Director of the Civilian Community Corps".
      Pub. L. 103-82, Sec. 104(e)(2)(C)(i), substituted "section
    12619(c)(1)" for "section 12653h(c)(1)".
      Subsec. (c)(2). Pub. L. 103-82, Sec. 104(e)(2)(C)(ii),
    substituted "section 12619(c)(2)" for "section 12653h(c)(2)".
      Subsec. (d)(3). Pub. L. 103-82, Sec. 104(e)(2)(C)(iii),
    substituted "section 12622(a)(3)" for "section 12653k(a)(3)".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by section 104(b), (e)(2)(C) of Pub. L. 103-82
    effective Oct. 1, 1993, see section 123 of Pub. L. 103-82, set out
    as a note under section 1701 of Title 16, Conservation.

-End-



-CITE-
    42 USC Sec. 12616                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division E - Civilian Community Corps

-HEAD-
    Sec. 12616. Training

-STATUTE-
    (a) Common curriculum
      Each member of the Civilian Community Corps shall be provided
    with between three and six weeks of training that includes a
    comprehensive service-learning curriculum designed to promote team
    building, discipline, leadership, work, training, citizenship, and
    physical conditioning.
    (b) Advanced service training
      (1) National service program
        Members of the Corps participating in the national service
      program shall receive advanced training in basic, project-
      specific skills that the members will use in performing their
      community service projects.
      (2) Summer national service program
        Members of the Corps participating in the summer national
      service program shall not receive advanced training referred to
      in paragraph (1) but, to the extent practicable, may receive
      other training.
    (c) Training personnel
      (1) In general
        Members of the cadre appointed under section 12619(c)(2) of
      this title shall provide the training for the members of the
      Corps, including, as appropriate, advanced service training and
      ongoing training throughout the members' periods of agreed
      service.
      (2) Coordination with other entities
        Members of the cadre may provide the advanced service training
      referred to in subsection (b)(1) of this section in coordination
      with vocational or technical schools, other employment and
      training providers, existing youth service programs, or other
      qualified individuals.
    (d) Facilities
      The training may be provided at installations and other
    facilities of the Department of Defense, and at National Guard
    facilities, identified under section 12622(a)(3) of this title.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 156, formerly Sec. 195E, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2525; renumbered Sec. 156 and amended Pub. L. 103-82,
    title I, Sec. 104(b), (e)(2)(D), Sept. 21, 1993, 107 Stat. 840,
    847.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12653e of this title
    prior to renumbering by Pub. L. 103-82, Sec. 104(b).


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 156 of Pub. L. 101-610 was classified to section
    12601 of this title prior to repeal by Pub. L. 103-82, Sec. 104(a).

                                AMENDMENTS                            
      1993 - Subsec. (c)(1). Pub. L. 103-82, Sec. 104(e)(2)(D)(i),
    substituted "section 12619(c)(2)" for "section 12653h(c)(2)".
      Subsec. (d). Pub. L. 103-82, Sec. 104(e)(2)(D)(ii), substituted
    "section 12622(a)(3)" for "section 12653k(a)(3)".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
    123 of Pub. L. 103-82, set out as a note under section 1701 of
    Title 16, Conservation.

-End-



-CITE-
    42 USC Sec. 12617                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division E - Civilian Community Corps

-HEAD-
    Sec. 12617. Service projects

-STATUTE-
    (a) Project requirements
      The service projects carried out by the Civilian Community Corps
    shall - 
        (1) meet an identifiable public need;
        (2) emphasize the performance of community service activities
      that provide meaningful community benefits and opportunities for
      service learning and skills development;
        (3) to the maximum extent practicable, encourage work to be
      accomplished in teams of diverse individuals working together;
      and
        (4) include continued education and training in various
      technical fields.
    (b) Project proposals
      (1) Development of proposals
        (A) Specific executive departments
          Upon the establishment of the Program, the Secretary of
        Agriculture, the Secretary of the Interior, and the Secretary
        of Housing and Urban Development shall develop proposals for
        Corps projects pursuant to guidance which the Director shall
        prescribe.
        (B) Other sources
          Other public and private organizations and agencies,
        including representatives of local communities in the vicinity
        of a Corps camp, may develop proposals for projects for a Corps
        camp. Corps members shall also be encouraged to identify
        projects for the Corps.
      (2) Consultation requirements
        The process for developing project proposals under paragraph
      (1) shall include consultation with the Corporation,
      representatives of local communities, and persons involved in
      other youth service programs.
    (c) Project selection, organization, and performance
      (1) Selection
        The superintendent of a Corps camp shall select the projects to
      be performed by the members of the Corps assigned to the units in
      that camp. The superintendent shall select projects from among
      the projects proposed or identified pursuant to subsection (b) of
      this section.
      (2) Innovative local arrangements for project performance
        The Director shall encourage camp superintendents to negotiate
      with representatives of local communities, to the extent
      practicable, innovative arrangements for the performance of
      projects. The arrangements may provide for cost-sharing and the
      provision by the communities of in-kind support and other
      support.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 157, formerly Sec. 195F, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2526; renumbered Sec. 157 and amended Pub. L. 103-82,
    title I, Sec. 104(b), title IV, Secs. 402(b)(2), 403(b), Sept. 21,
    1993, 107 Stat. 840, 919, 920.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12653f of this title
    prior to renumbering by Pub. L. 103-82, Sec. 104(b).


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 157 of Pub. L. 101-610 was classified to section
    12602 of this title prior to repeal by Pub. L. 103-82, Sec. 104(a).

                                AMENDMENTS                            
      1993 - Subsec. (b)(1)(A). Pub. L. 103-82, Sec. 403(b),
    substituted "Director" for "Director of the Civilian Community
    Corps".
      Subsec. (b)(2). Pub. L. 103-82, Sec. 402(b)(2), substituted
    "Corporation" for "Commission on National and Community Service".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by section 402(b)(2) of Pub. L. 103-82 effective Oct.
    1, 1993, see section 406(a) of Pub. L. 103-82, set out as a note
    under section 5061 of this title.

-End-



-CITE-
    42 USC Sec. 12618                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division E - Civilian Community Corps

-HEAD-
    Sec. 12618. Authorized benefits for Corps members

-STATUTE-
    (a) In general
      The Director shall provide for members of the Civilian Community
    Corps to receive benefits authorized by this section.
    (b) Living allowance
      The Director shall provide a living allowance to members of the
    Corps for the period during which such members are engaged in
    training or any activity on a Corps project. The Director shall
    establish the amount of the allowance at any amount not in excess
    of the amount equal to 100 percent of the poverty line that is
    applicable to a family of two (as defined by the Office of
    Management and Budget and revised annually in accordance with
    section 9902(2) of this title.(!1)

    (c) Other authorized benefits
      While receiving training or engaging in service projects as
    members of the Civilian Community Corps, members may be provided
    the following benefits:
        (1) Allowances for travel expenses, personal expenses, and
      other expenses.
        (2) Quarters.
        (3) Subsistence.
        (4) Transportation.
        (5) Equipment.
        (6) Clothing.
        (7) Recreational services and supplies.
        (8) Other services determined by the Director to be consistent
      with the purposes of the Program.
    (d) Supportive services
      As the Director determines appropriate, the Director may provide
    each member of the Corps with health care services, child care
    services, counseling services, and other supportive services.
    (e) Post-service benefits
      Upon completion of the agreed period of service with the Corps, a
    member shall elect to receive the educational assistance under
    subsection (f) of this section or the cash benefit under subsection
    (g) of this section.
    (f) National service educational awards
      A Corps member who successfully completes a period of agreed
    service in the Corps may receive the national service educational
    award described in division D of this subchapter if the Corps
    member - 
        (1) serves in an approved national service position; and
        (2) satisfies the eligibility requirements specified in section
      12602 of this title with respect to service in that approved
      national service position.
    (g) Alternative benefit
      If a Corps member who successfully completes a period of agreed
    service in the Corps is ineligible for the national service
    educational award described in division D of this subchapter, the
    Director may provide for the provision of a suitable alternative
    benefit for the Corps member.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 158, formerly Sec. 195G, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2526; renumbered Sec. 158 and amended Pub. L. 103-82,
    title I, Sec. 104(b), (g), title IV, Sec. 403(b), Sept. 21, 1993,
    107 Stat. 840, 847, 920.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12653g of this title
    prior to renumbering by Pub. L. 103-82, Sec. 104(b).


-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (a). Pub. L. 103-82, Sec. 403(b), substituted
    "Director" for "Director of the Civilian Community Corps".
      Subsecs. (f) to (h). Pub. L. 103-82, Sec. 104(g), added subsecs.
    (f) and (g) and struck out former subsecs. (f) to (h) which related
    to monetary educational assistance, cash benefit election for Corps
    members, and other post-service benefits, respectively.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by section 104(b), (g) of Pub. L. 103-82 effective Oct.
    1, 1993, see section 123 of Pub. L. 103-82, set out as a note under
    section 1701 of Title 16, Conservation.

-FOOTNOTE-               

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


-End-



-CITE-
    42 USC Sec. 12619                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division E - Civilian Community Corps

-HEAD-
    Sec. 12619. Administrative provisions

-STATUTE-
    (a) Supervision
      The Chief Executive Officer shall monitor and supervise the
    administration of the Civilian Community Corps Demonstration
    Program authorized to be established under section 12612 of this
    title. In carrying out this section, the Chief Executive Officer
    shall - 
        (1) approve such guidelines, recommended by the Board, for the
      design, selection of members, and operation of the Civilian
      Community Corps as the Chief Executive Officer considers
      appropriate;
        (2) evaluate the progress of the Corps in providing a basis for
      determining the matters set forth in section 12611 of this title;
      and
        (3) carry out any other activities determined appropriate by
      the Board.
    (b) Monitoring and coordination
      The Chief Executive Officer shall - 
        (1) monitor the overall operation of the Civilian Community
      Corps;
        (2) coordinate the activities of the Corps with other youth
      service programs administered by the Corporation; and
        (3) carry out any other activities determined appropriate by
      the Board.
    (c) Staff
      (1) Director
        (A) Appointment
          Upon the establishment of the Program, the Chief Executive
        Officer shall appoint a Director. The Director may be selected
        from among retired commissioned officers of the Armed Forces of
        the United States.
        (B) Duties
          The Director shall - 
            (i) design, develop, and administer the Civilian Community
          Corps programs;
            (ii) be responsible for managing the daily operations of
          the Corps; and
            (iii) report to the Chief Executive Officer.
        (C) Authority to employ staff
          The Director may employ such staff as is necessary to carry
        out this division. The Director shall, to the maximum extent
        practicable, utilize in staff positions personnel who are
        detailed from departments and agencies of the Federal
        Government and, to the extent the Director considers
        appropriate, shall request and accept detail of personnel from
        such departments and agencies in order to do so.
      (2) Permanent cadre
        (A) Establishment
          The Director shall establish a permanent cadre of supervisors
        and training instructors for Civilian Community Corps programs.
        (B) Appointment
          The Director shall appoint the members of the permanent
        cadre.
        (C) Employment considerations
          In appointing individuals to cadre positions, the Director
        shall - 
            (i) give consideration to retired, discharged, and other
          inactive members and former members of the Armed Forces
          recommended under section 12622(a)(2) of this title;
            (ii) give consideration to former VISTA, Peace Corps, and
          youth service program personnel;
            (iii) ensure that the cadre is comprised of males and
          females of diverse ethnic, economic, professional, and
          geographic backgrounds; and
            (iv) consider applicants' experience in other youth service
          programs.
        (D) Community service credit
          Service as a member of the cadre shall be considered as a
        community service opportunity for purposes of section 4403 of
        the National Defense Authorization Act for Fiscal Year 1993 and
        as employment with a public service or community service
        organization for purposes of section 4464 of that Act.
        (E) Training
          The Director shall provide to members of the permanent cadre
        appropriate training in youth development techniques and the
        principles of service learning. All members of the permanent
        cadre shall be required to participate in the training.
      (3) Inapplicability of certain civil service laws
        The Director, the members of the permanent cadre, and the other
      staff personnel shall be appointed without regard to the
      provisions of title 5 governing appointments in the competitive
      service. The rates of pay of such persons may be established
      without regard to the provisions of chapter 51 and subchapter III
      of chapter 53 of such title. In the case of a member of the
      permanent cadre who was recommended for appointment in accordance
      with section 12622(a)(2)(A) of this title and is entitled to
      retired or retainer pay, section 5532 (!1) of title 5 shall not
      apply to reduce the member's retired or retainer pay by reason of
      the member being paid as a member of the cadre.

      (4) Voluntary services
        Notwithstanding any other provision of law, the Director may
      accept the voluntary services of individuals. While away from
      their homes or regular places of business on the business of the
      Corps, such individuals may be allowed travel expenses, including
      per diem in lieu of subsistence, in the same amounts and to the
      same extent, as authorized under section 5703 of title 5 for
      persons employed intermittently in Federal Government service.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 159, formerly Sec. 195H, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2528; renumbered Sec. 159 and amended Pub. L. 103-82,
    title I, Sec. 104(b), (e)(2)(E), title IV, Secs. 402(b)(1),
    403(a)(1)-(3), (b), Sept. 21, 1993, 107 Stat. 840, 847, 918-920;
    Pub. L. 103-304, Sec. 3(b)(5)(B), Aug. 23, 1994, 108 Stat. 1567;
    Pub. L. 103-337, div. A, title VI, Sec. 640, Oct. 5, 1994, 108
    Stat. 2791.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 4403 of the National Defense Authorization Act for Fiscal
    Year 1993, referred to in subsec. (c)(2)(D), is section 4403 of
    Pub. L. 102-484 which is set out as a note under section 1293 of
    Title 10, Armed Forces.
      Section 4464 of that Act, referred to in subsec. (c)(2)(D), is
    section 4464 of Pub. L. 102-484 which is set out as a note under
    section 1143a of Title 10.
      The provisions of title 5 governing appointments in the
    competitive service, referred to in subsec. (c)(3), are classified
    generally to section 3301 et seq. of Title 5, Government
    Organization and Employees.
      Section 5532 of title 5, referred to in subsec. (c)(3), was
    repealed by Pub. L. 106-65, div. A, title VI, Sec. 651(a)(1), Oct.
    5, 1999, 113 Stat. 664.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12653h of this title
    prior to renumbering by Pub. L. 103-82, Sec. 104(b).


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (c)(2)(C)(i). Pub. L. 103-304 substituted "section
    12622(a)(2)" for "section section 12622(a)(2)".
      Subsec. (c)(3). Pub. L. 103-337 inserted at end "In the case of a
    member of the permanent cadre who was recommended for appointment
    in accordance with section 12622(a)(2)(A) of this title and is
    entitled to retired or retainer pay, section 5532 of title 5 shall
    not apply to reduce the member's retired or retainer pay by reason
    of the member being paid as a member of the cadre."
      1993 - Subsec. (a). Pub. L. 103-82, Sec. 403(a)(1)(A), (B),
    substituted "Supervision" for "Board" in heading and "The Chief
    Executive Officer shall monitor" for "The Board shall monitor" and
    "the Chief Executive Officer shall - " for "the Board shall - " in
    introductory provisions.
      Pub. L. 103-82, Sec. 104(e)(2)(E)(i)(I), substituted "section
    12612" for "section 12653a" in introductory provisions.
      Subsec. (a)(1). Pub. L. 103-82, Sec. 403(a)(1)(B), (C),
    substituted "by the Board" for "by the Director" and "as the Chief
    Executive Officer" for "as the Board".
      Subsec. (a)(2). Pub. L. 103-82, Sec. 104(e)(2)(E)(i)(II),
    substituted "section 12611" for "section 12653".
      Subsec. (b). Pub. L. 103-82, Sec. 403(a)(2), substituted
    "Monitoring and coordination" for "Executive Director" in heading
    and "The Chief Executive Officer shall" for "The Executive Director
    of the Commission on National and Community Service shall" in
    introductory provisions.
      Subsec. (b)(2). Pub. L. 103-82, Sec. 402(b)(1), substituted "by
    the Corporation" for "by the Commission".
      Subsec. (c)(1)(A). Pub. L. 103-82, Sec. 403(a)(3)(A), (b),
    substituted "the Chief Executive Officer shall appoint a Director"
    for "the Board, in consultation with the Executive Director, shall
    appoint a Director of the Civilian Community Corps".
      Subsec. (c)(1)(B)(iii). Pub. L. 103-82, Sec. 403(a)(3)(B),
    substituted "the Chief Executive Officer" for "the Board through
    the Executive Director".
      Subsec. (c)(2)(C)(i). Pub. L. 103-82, Sec. 104(e)(2)(E)(ii),
    substituted "section 12622(a)(2)" for "12653k(a)(2)".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by section 104(b), (e)(2)(E) of Pub. L. 103-82
    effective Oct. 1, 1993, see section 123 of Pub. L. 103-82, set out
    as a note under section 1701 of Title 16, Conservation.
      Amendment by section 402(b)(1) of Pub. L. 103-82 effective Oct.
    1, 1993, see section 406(a) of Pub. L. 103-82, set out as a note
    under section 5061 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 12620                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division E - Civilian Community Corps

-HEAD-
    Sec. 12620. Status of Corps members and Corps personnel under
      Federal law

-STATUTE-
    (a) In general
      Except as otherwise provided in this section, members of the
    Civilian Community Corps shall not, by reason of their status as
    such members, be considered Federal employees or be subject to the
    provisions of law relating to Federal employment.
    (b) Work-related injuries
      (1) In general
        For purposes of subchapter I of chapter 81 of title 5 relating
      to the compensation of Federal employees for work injuries,
      members of the Corps shall be considered as employees of the
      United States within the meaning of the term "employee", as
      defined in section 8101 of such title.
      (2) Special rule
        In the application of the provisions of subchapter I of chapter
      81 of title 5 to a person referred to in paragraph (1), the
      person shall not be considered to be in the performance of duty
      while absent from the person's assigned post of duty unless the
      absence is authorized in accordance with procedures prescribed by
      the Director.
    (c) Tort claims procedure
      A member of the Corps shall be considered an employee of the
    United States for purposes of chapter 171 of title 28 relating to
    tort claims liability and procedure.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 160, formerly Sec. 195I, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2530; renumbered Sec. 160, Pub. L. 103-82, title I, Sec.
    104(b), Sept. 21, 1993, 107 Stat. 840.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12653i of this title
    prior to renumbering by Pub. L. 103-82, Sec. 104(b).


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 160 of Pub. L. 101-610 was classified to section
    12611 of this title prior to repeal by Pub. L. 103-82, Sec. 104(a).

-End-



-CITE-
    42 USC Sec. 12621                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division E - Civilian Community Corps

-HEAD-
    Sec. 12621. Contract and grant authority

-STATUTE-
    (a) Programs
      The Director may, by contract or grant, provide for any public or
    private organization to perform any program function under this
    division.
    (b) Equipment and facilities
      (1) Federal and National Guard property
        The Director shall enter into agreements, as necessary, with
      the Secretary of Defense, the Governor of a State, territory or
      commonwealth, or the commanding general of the District of
      Columbia National Guard, as the case may be, to utilize - 
          (A) equipment of the Department of Defense and equipment of
        the National Guard; and
          (B) Department of Defense facilities and National Guard
        facilities identified pursuant to section 12622(a)(3) of this
        title.
      (2) Other property
        The Director may enter into contracts or agreements for the use
      of other equipment or facilities to the extent practicable to
      train and house members of the Civilian Community Corps and
      leaders of Corps units.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 161, formerly Sec. 195J, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2530; renumbered Sec. 161 and amended Pub. L. 103-82,
    title I, Sec. 104(b), (e)(2)(F), Sept. 21, 1993, 107 Stat. 840,
    847.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12653j of this title
    prior to renumbering by Pub. L. 103-82, Sec. 104(b).


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12621, Pub. L. 101-610, title I, Sec. 165, Nov.
    16, 1990, 104 Stat. 3159, related to rural youth service
    demonstration project, prior to repeal by Pub. L. 103-82, Sec.
    104(a).
      A prior section 161 of Pub. L. 101-610 was classified to section
    12612 of this title prior to repeal by Pub. L. 103-82.

                                AMENDMENTS                            
      1993 - Subsec. (b)(1)(B). Pub. L. 103-82, Sec. 104(e)(2)(F),
    substituted "section 12622(a)(3)" for "section 12653k(a)(3)".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
    123 of Pub. L. 103-82, set out as a note under section 1701 of
    Title 16, Conservation.

-End-



-CITE-
    42 USC Sec. 12622                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division E - Civilian Community Corps

-HEAD-
    Sec. 12622. Responsibilities of other departments

-STATUTE-
    (a) Secretary of Defense
      (1) Liaison office
        (A) Establishment
          Upon the establishment of the Program, the Secretary of
        Defense shall establish an office to provide for liaison
        between the Secretary and the Civilian Community Corps.
        (B) Duties
          The office shall - 
            (i) in order to assist in the recruitment of personnel for
          appointment in the permanent cadre, make available to the
          Director information in the registry established by section
          1143a of title 10; and
            (ii) provide other assistance in the coordination of
          Department of Defense activities with the Corps.
      (2) Corps cadre
        (A) List of recommended personnel
          Upon the establishment of the Program, the Secretary of
        Defense, in consultation with the liaison office established
        under paragraph (1) shall develop a list of individuals to be
        recommended for appointment in the permanent cadre of Corps
        personnel. Such personnel shall be selected from among members
        and former members of the Armed Forces referred to in section
        12611(3) of this title who are commissioned officers,
        noncommissioned officers, former commissioned officers, or
        former noncommissioned officers.
        (B) Recommendations regarding grade and pay
          The Secretary of Defense shall recommend to the Director an
        appropriate rate of pay for each person recommended for the
        cadre pursuant to this paragraph.
        (C) Contribution for retired member's pay
          If a listed individual receiving retired or retainer pay is
        appointed to a position in the cadre and the rate of pay for
        that individual is established at the amount equal to the
        difference between the active duty pay and allowances which
        that individual would receive if ordered to active duty and the
        amount of the individual's retired or retainer pay, the
        Secretary of Defense shall pay, by transfer to the Corporation
        from amounts available for pay of active duty members of the
        Armed Forces, the amount equal to 50 percent of that
        individual's rate of pay for service in the cadre.
      (3) Facilities
        Upon the establishment of the Program, the Secretary of Defense
      shall identify military installations and other facilities of the
      Department of Defense and, in consultation with the adjutant
      generals of the State National Guards, National Guard facilities
      that may be used, in whole or in part, by the Civilian Community
      Corps for training or housing Corps members. The Secretary of
      Defense shall carry out this paragraph in consultation with the
      liaison office established under paragraph (1).
      (4) Information regarding Corps
        The Secretary of Defense may permit Armed Forces recruiters to
      inform potential applicants for the Corps regarding service in
      the Corps as an alternative to service in the Armed Forces.
    (b) Secretary of Labor
      Upon the establishment of the Program, the Secretary of Labor
    shall identify and assist in establishing a system for the
    recruitment of persons to serve as members of the Civilian
    Community Corps. In carrying out this subsection, the Secretary of
    Labor may utilize the Employment Service Agency or the Office of
    Job Training.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 162, formerly Sec. 195K, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2531; renumbered Sec. 162 and amended Pub. L. 103-82,
    title I, Sec. 104(b), (e)(2)(G), title IV, Sec. 402(b)(2), Sept.
    21, 1993, 107 Stat. 840, 847, 919; Pub. L. 103-304, Sec.
    3(b)(5)(C), Aug. 23, 1994, 108 Stat. 1567.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12653k of this title
    prior to renumbering by Pub. L. 103-82, Sec. 104(b).


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12622, Pub. L. 101-610, title I, Sec. 166, Nov.
    16, 1990, 104 Stat. 3159; Pub. L. 102-384, Sec. 8, Oct. 5, 1992,
    106 Stat. 1456, related to assistance for Head Start programs,
    prior to repeal by Pub. L. 103-82, Sec. 104(a).
      A prior section 162 of Pub. L. 101-610 was classified to section
    12613 of this title prior to repeal by Pub. L. 103-82.

                                AMENDMENTS                            
      1994 - Subsec. (a)(1)(B)(i). Pub. L. 103-304, which directed the
    substitution of "section 1143a of title 10" for "section 4462 of
    the National Defense Authorization Act for Fiscal Year 1993" in
    subsec. (a)(1)(B)(ii) of this section, was executed by making the
    substitution in subsec. (a)(1)(B)(i) of this section to reflect the
    probable intent of Congress.
      1993 - Subsec. (a)(2)(A). Pub. L. 103-82, Sec. 104(e)(2)(G),
    substituted "section 12611(3)" for "section 12653(3)".
      Subsec. (a)(2)(C). Pub. L. 103-82, Sec. 402(b)(2), substituted
    "Corporation" for "Commission on National and Community Service".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by section 104(b), (e)(2)(G) of Pub. L. 103-82
    effective Oct. 1, 1993, see section 123 of Pub. L. 103-82, set out
    as a note under section 1701 of Title 16, Conservation.
      Amendment by section 402(b)(2) of Pub. L. 103-82 effective Oct.
    1, 1993, see section 406(a) of Pub. L. 103-82, set out as a note
    under section 5061 of this title.

-End-



-CITE-
    42 USC Sec. 12623                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division E - Civilian Community Corps

-HEAD-
    Sec. 12623. Advisory Board

-STATUTE-
    (a) Establishment and purpose
      Upon the establishment of the Program, there shall also be
    established a Civilian Community Corps Advisory Board to advise the
    Director concerning the administration of this division and to
    assist in the development and administration of the Corps.
    (b) Membership
      The Advisory Board shall be composed of the following members:
        (1) The Secretary of Labor.
        (2) The Secretary of Defense.
        (3) The Secretary of the Interior.
        (4) The Secretary of Agriculture.
        (5) The Secretary of Education.
        (6) The Secretary of Housing and Urban Development.
        (7) The Chief of the National Guard Bureau.
        (8) Individuals appointed by the Director from among persons
      who are broadly representative of educational institutions,
      voluntary organizations, industry, youth, and labor unions.
        (9) The Chief Executive Officer.
    (c) Inapplicability of termination requirement
      Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)
    shall not apply to the Advisory Board.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 163, formerly Sec. 195L, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2532; renumbered Sec. 163 and amended Pub. L. 103-82,
    title I, Sec. 104(b), title IV, Secs. 402(b)(3), 403(b), Sept. 21,
    1993, 107 Stat. 840, 919, 920.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 14 of the Federal Advisory Committee Act, referred to in
    subsec. (c), is section 14 of Pub. L. 92-463, which is set out in
    the Appendix to Title 5, Government Organization and Employees.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12653l of this title
    prior to renumbering by Pub. L. 103-82.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12623, Pub. L. 101-610, title I, Sec. 167, Nov.
    16, 1990, 104 Stat. 3159, related to employer-based retiree
    volunteer programs, prior to repeal by Pub. L. 103-82, title I,
    Sec. 104(a), Sept. 21, 1993, 107 Stat. 840.
      A prior section 163 of Pub. L. 101-610 was classified to section
    12614 of this title prior to repeal by Pub. L. 103-82.

                                AMENDMENTS                            
      1993 - Subsec. (a). Pub. L. 103-82, Sec. 403(b), substituted
    "Director" for "Director of the Civilian Community Corps".
      Subsec. (b)(9). Pub. L. 103-82, Sec. 402(b)(3), substituted
    "Chief Executive Officer" for "Chair of the Commission on National
    and Community Service".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by section 402(b)(3) of Pub. L. 103-82 effective Oct.
    1, 1993, see section 406(a) of Pub. L. 103-82, set out as a note
    under section 5061 of this title.

-End-



-CITE-
    42 USC Sec. 12624                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division E - Civilian Community Corps

-HEAD-
    Sec. 12624. Annual evaluation

-STATUTE-
      Pursuant to the provisions for evaluations conducted under
    section 12639 of this title, and in particular subsection (g) of
    such section, the Corporation shall conduct an annual evaluation of
    the Civilian Community Corps programs authorized under this
    division.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 164, formerly Sec. 195M, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2532; renumbered Sec. 164 and amended Pub. L. 103-82,
    title I, Sec. 104(b), title IV, Sec. 402(b)(2), Sept. 21, 1993, 107
    Stat. 840, 919.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12653m of this title
    prior to renumbering by Pub. L. 103-82, Sec. 104(b).


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 164 of Pub. L. 101-610 was classified to section
    12615 of this title prior to repeal by Pub. L. 103-82, Sec. 104(a).

                                AMENDMENTS                            
      1993 - Pub. L. 103-82, Sec. 402(b)(2), substituted "Corporation"
    for "Commission on National and Community Service".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by section 402(b)(2) of Pub. L. 103-82 effective Oct.
    1, 1993, see section 406(a) of Pub. L. 103-82, set out as a note
    under section 5061 of this title.

-End-



-CITE-
    42 USC Sec. 12625                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division E - Civilian Community Corps

-HEAD-
    Sec. 12625. Funding limitation

-STATUTE-
      The Corporation, in consultation with the Director, shall ensure
    that no amounts appropriated under section 12681 of this title are
    utilized to carry out this division.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 165, formerly Sec. 195N, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2532; renumbered Sec. 165 and amended Pub. L. 103-82,
    title I, Sec. 104(b), title IV, Sec. 402(b)(1), Sept. 21, 1993, 107
    Stat. 840, 918.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12653n of this title
    prior to renumbering by Pub. L. 103-82, Sec. 104(b).


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 165 of Pub. L. 101-610 was classified to section
    12621 of this title prior to repeal by Pub. L. 103-82, Sec. 104(a).

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

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by section 402(b)(1) of Pub. L. 103-82 effective Oct.
    1, 1993, see section 406(a) of Pub. L. 103-82, set out as a note
    under section 5061 of this title.

-End-



-CITE-
    42 USC Sec. 12626                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division E - Civilian Community Corps

-HEAD-
    Sec. 12626. Definitions

-STATUTE-
      In this division:
      (1) Board
        The term "Board" means the Board of Directors of the
      Corporation.
      (2) Corps
        The terms "Civilian Community Corps" and "Corps" mean the
      Civilian Community Corps required under section 12615 of this
      title as part of the Civilian Community Corps Demonstration
      Program.
      (3) Corps camp
        The term "Corps camp" means the facility or central location
      established as the operational headquarters and boarding place
      for particular Corps units.
      (4) Corps members
        The term "Corps members" means persons receiving training and
      participating in projects under the Civilian Community Corps
      Demonstration Program.
      (5) Director
        The term "Director" means the Director of the Civilian
      Community Corps.
      (6) Institution of higher education
        The term "institution of higher education" has the meaning
      given that term in section 1001 of title 20.
      (7) Program
        The terms "Civilian Community Corps Demonstration Program" and
      "Program" mean the Civilian Community Corps Demonstration Program
      established pursuant to section 12612 of this title.
      (8) Service learning
        The term "service learning", with respect to Corps members,
      means a method - 
          (A) under which Corps members learn and develop through
        active participation in thoughtfully organized service
        experiences that meet actual community needs;
          (B) that provides structured time for a Corps member to
        think, talk, or write about what the Corps member did and saw
        during an actual service activity;
          (C) that provides Corps members with opportunities to use
        newly acquired skills and knowledge in real life situations in
        their own communities; and
          (D) that helps to foster the development of a sense of caring
        for others, good citizenship, and civic responsibility.
      (9) Superintendent
        The term "superintendent", with respect to a Corps camp, means
      the head of the camp under section 12615(d) of this title.
      (10) Unit
        The term "unit" means a unit of the Corps referred to in
      section 12615(c) of this title.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 166, formerly Sec. 195O, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2532; renumbered Sec. 166 and amended Pub. L. 103-82,
    title I, Sec. 104(b), (e)(2)(H), title IV, Secs. 402(b)(2),
    403(a)(4), Sept. 21, 1993, 107 Stat. 840, 847, 919; Pub. L. 105-
    244, title I, Sec. 102(a)(13)(L), Oct. 7, 1998, 112 Stat. 1621.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12653o of this title
    prior to renumbering by Pub. L. 103-82, Sec. 104(b).


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 166 of Pub. L. 101-610 was classified to section
    12622 of this title prior to repeal by Pub. L. 103-82, Sec. 104(a).

                                AMENDMENTS                            
      1998 - Par. (6). Pub. L. 105-244 substituted "section 1001" for
    "section 1141(a)".
      1993 - Par. (1). Pub. L. 103-82, Sec. 402(b)(2), substituted
    "Corporation" for "Commission on National and Community Service".
      Par. (2). Pub. L. 103-82, Sec. 104(e)(2)(H)(i), substituted
    "section 12615" for "section 12653d".
      Par. (6). Pub. L. 103-82, Sec. 403(a)(4), which directed
    amendment of par. (6) of this section by striking par. (6) and
    redesignating par. (7) of this section as (6) was executed by
    redesignating par. (7) of this section as (6) and striking out
    former par. (6) which defined "Executive Director" as Executive
    Director of Commission on National and Community Service, to
    reflect the probable intent of Congress.
      Par. (7). Pub. L. 103-82, Sec. 403(a)(4)(B), which directed
    amendment of par. (6) of this section by redesignating par. (8) as
    (7) was executed by redesignating par. (8) of this section as (7),
    to reflect the probable intent of Congress. Former par. (7)
    redesignated (6).
      Par. (8). Pub. L. 103-82, Sec. 403(a)(4)(B), which directed
    amendment of par. (6) of this section by redesignating par. (9) as
    (8) was executed by redesignating par. (9) of this section as (8),
    to reflect the probable intent of Congress. Former par. (8)
    redesignated (7).
      Pub. L. 103-82, Sec. 104(e)(2)(H)(ii), substituted "section
    12612" for "section 12653a".
      Par. (9). Pub. L. 103-82, Sec. 403(a)(4)(B), which directed
    amendment of par. (6) of this section by redesignating par. (10) as
    (9) was executed by redesignating par. (10) of this section as (9),
    to reflect the probable intent of Congress. Former par. (9)
    redesignated (8).
      Par. (10). Pub. L. 103-82, Sec. 403(a)(4)(B), which directed
    amendment of par. (6) of this section by redesignating par. (11) as
    (10) was executed by redesignating par. (11) of this section as
    (10), to reflect the probable intent of Congress. Former par. (10)
    redesignated (9).
      Pub. L. 103-82, Sec. 104(e)(2)(H)(iii), substituted "section
    12615(d)" for "section 12653d(d)".
      Par. (11). Pub. L. 103-82, Sec. 403(a)(4)(B), which directed
    amendment of par. (6) of this section by redesignating par. (11) as
    (10) was executed by redesignating par. (11) of this section as
    (10), to reflect the probable intent of Congress.
      Pub. L. 103-82, Sec. 104(e)(2)(H)(iv), substituted "section
    12615(c)" for "section 12653d(c)".

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
    otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-
    244, set out as a note under section 1001 of Title 20, Education.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by section 104(b), (e)(2)(H) of Pub. L. 103-82
    effective Oct. 1, 1993, see section 123 of Pub. L. 103-82, set out
    as a note under section 1701 of Title 16, Conservation.
      Amendment by section 402(b)(2) of Pub. L. 103-82 effective Oct.
    1, 1993, see section 406(a) of Pub. L. 103-82, set out as a note
    under section 5061 of this title.

-End-


-CITE-
    42 USC Division F - Administrative Provisions               01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division F - Administrative Provisions

-HEAD-
                  DIVISION F - ADMINISTRATIVE PROVISIONS              

-End-



-CITE-
    42 USC Sec. 12631                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division F - Administrative Provisions

-HEAD-
    Sec. 12631. Family and medical leave

-STATUTE-
    (a) Participants in private, State, and local projects
      For purposes of title I of the Family and Medical Leave Act of
    1993 [29 U.S.C. 2611 et seq.], if - 
        (1) a participant has provided service for the period required
      by section 101(2)(A)(i) (29 U.S.C. 2611(2)(A)(i)), and has met
      the hours of service requirement of section 101(2)(A)(ii), of
      such Act with respect to a project; and
        (2) the service sponsor of the project is an employer described
      in section 101(4) of such Act (other than an employing agency
      within the meaning of subchapter V of chapter 63 of title 5),

    the participant shall be considered to be an eligible employee of
    the service sponsor.
    (b) Participants in Federal projects
      For purposes of subchapter V of chapter 63 of title 5, if - 
        (1) a participant has provided service for the period required
      by section 6381(1)(B) of such title with respect to a project;
      and
        (2) the service sponsor of the project is an employing agency
      within the meaning of such subchapter,

    the participant shall be considered to be an employee of the
    service sponsor.
    (c) Treatment of absence
      The period of any absence of a participant from a service
    position pursuant to title I of the Family and Medical Leave Act of
    1993 [29 U.S.C. 2611 et seq.] or subchapter V of chapter 63 of
    title 5 shall not be counted toward the completion of the term of
    service of the participant under section 12593 of this title.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 171, Nov. 16, 1990, 104 Stat. 3159;
    Pub. L. 103-82, title I, Sec. 113(a), Sept. 21, 1993, 107 Stat.
    861.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Family and Medical Leave Act of 1993, referred to in subsecs.
    (a) and (c), is Pub. L. 103-3, Feb. 5, 1993, 107 Stat. 6. Title I
    of the Act is classified generally to subchapter I (Sec. 2611 et
    seq.) of chapter 28 of Title 29, Labor. For complete classification
    of this Act to the Code, see Short Title note set out under section
    2601 of Title 29 and Tables.


-MISC1-
                                AMENDMENTS                            
      1993 - Pub. L. 103-82 amended section generally, substituting
    provisions relating to family and medical leave for provisions
    relating to limitation on number of grants under this subchapter.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
    123 of Pub. L. 103-82, set out as a note under section 1701 of
    Title 16, Conservation.

-End-



-CITE-
    42 USC Sec. 12632                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division F - Administrative Provisions

-HEAD-
    Sec. 12632. Reports

-STATUTE-
    (a) State reports
      (1) In general
        Each State receiving assistance under this subchapter shall
      prepare and submit, to the Corporation, an annual report
      concerning the use of assistance provided under this subchapter
      and the status of the national and community service programs
      that receive assistance under such subchapter in such State.
      (2) Local grantees
        Each State may require local grantees that receive assistance
      under this subchapter to supply such information to the State as
      is necessary to enable the State to complete the report required
      under paragraph (1), including a comparison of actual
      accomplishments with the goals established for the program, the
      number of participants in the program, the number of service
      hours generated, and the existence of any problems, delays or
      adverse conditions that have affected or will affect the
      attainment of program goals.
      (3) Report demonstrating compliance
        (A) In general
          Each State receiving assistance under this subchapter shall
        include information in the report required under paragraph (1)
        that demonstrates the compliance of the State with the
        provisions of this chapter, including section 12637 of this
        title.
        (B) Local grantees
          Each State may require local grantees to supply such
        information to the State as is necessary to enable the State to
        comply with the requirement of paragraph (1).
      (4) Availability of report
        Reports submitted under paragraph (1) shall be made available
      to the public on request.
    (b) Report to Congress by Corporation
      (1) In general
        Not later than 120 days after the end of each fiscal year, the
      Corporation shall prepare and submit, to the appropriate
      authorizing and appropriation Committees of Congress, a report
      concerning the programs that receive assistance under the
      national service laws.
      (2) Content
        Reports submitted under paragraph (1) shall contain a summary
      of the information contained in the State reports submitted under
      subsection (a) of this section, and shall reflect the findings
      and actions taken as a result of any evaluation conducted by the
      Corporation.
    (c) Report to Congress by Secretary of Defense
      (1) Study
        The Secretary of Defense shall annually conduct a study of the
      effect of the programs carried out under this subchapter on
      recruitment for the Armed Forces.
      (2) Report
        The Secretary of Defense shall annually submit a report to the
      appropriate committees of Congress containing the findings of the
      study described in paragraph (1) and such recommendations for
      legislative and administrative reform as the Secretary may
      determine to be appropriate.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 172, Nov. 16, 1990, 104 Stat. 3159;
    Pub. L. 103-82, title I, Sec. 114, title IV, Sec. 402(b)(1), Sept.
    21, 1993, 107 Stat. 861, 918.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a)(3)(A), was in the
    original "this Act", meaning Pub. L. 101-610, Nov. 16, 1990, 104
    Stat. 3127, as amended, known as the National and Community Service
    Act of 1990, which is classified principally to this chapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 12501 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (a)(1). Pub. L. 103-82, Sec. 402(b)(1),
    substituted "Corporation" for "Commission".
      Subsec. (a)(3)(A). Pub. L. 103-82, Sec. 114(1), substituted
    "section 12637" for "sections 12637 and 12523(9)".
      Subsec. (b). Pub. L. 103-82, Sec. 114(2)(A), substituted "Report
    to Congress by Corporation" for "Report to Congress" in heading.
      Subsec. (b)(1). Pub. L. 103-82, Sec. 402(b)(1), substituted
    "Corporation" for "Commission".
      Pub. L. 103-82, Sec. 114(2)(B), substituted "the national service
    laws" for "this subchapter".
      Subsec. (b)(2). Pub. L. 103-82, Sec. 402(b)(1), substituted
    "Corporation" for "Commission".
      Subsec. (c). Pub. L. 103-82, Sec. 114(3), added subsec. (c).

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by section 114 of Pub. L. 103-82 effective Oct. 1,
    1993, see section 123 of Pub. L. 103-82, set out as a note under
    section 1701 of Title 16, Conservation.
      Amendment by section 402(b)(1) of Pub. L. 103-82 effective Oct.
    1, 1993, see section 406(a) of Pub. L. 103-82, set out as a note
    under section 5061 of this title.

-End-



-CITE-
    42 USC Sec. 12633                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division F - Administrative Provisions

-HEAD-
    Sec. 12633. Supplementation

-STATUTE-
    (a) In general
      Assistance provided under this subchapter shall be used to
    supplement the level of State and local public funds expended for
    services of the type assisted under this subchapter in the previous
    fiscal year.
    (b) Aggregate expenditure
      Subsection (a) of this section shall be satisfied, with respect
    to a particular program, if the aggregate expenditure for such
    program for the fiscal year in which services are to be provided
    will not be less than the aggregate expenditure for such program in
    the previous fiscal year, excluding the amount of Federal
    assistance provided and any other amounts used to pay the remainder
    of the costs of programs assisted under this subchapter.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 173, Nov. 16, 1990, 104 Stat.
    3160.)

-End-



-CITE-
    42 USC Sec. 12634                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division F - Administrative Provisions

-HEAD-
    Sec. 12634. Prohibition on use of funds

-STATUTE-
    (a) Prohibited uses
      No assistance made available under a grant under this subchapter
    shall be used to provide religious instruction, conduct worship
    services, or engage in any form of proselytization.
    (b) Political activity
      Assistance provided under this subchapter shall not be used by
    program participants and program staff to - 
        (1) assist, promote, or deter union organizing; or
        (2) finance, directly or indirectly, any activity designed to
      influence the outcome of an election to Federal office or the
      outcome of an election to a State or local public office.
    (c) Contracts or collective bargaining agreements
      A program that receives assistance under this subchapter shall
    not impair existing contracts for services or collective bargaining
    agreements.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 174, Nov. 16, 1990, 104 Stat.
    3160.)

-End-



-CITE-
    42 USC Sec. 12635                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division F - Administrative Provisions

-HEAD-
    Sec. 12635. Nondiscrimination

-STATUTE-
    (a) In general
      (1) Basis
        An individual with responsibility for the operation of a
      project that receives assistance under this subchapter shall not
      discriminate against a participant in, or member of the staff of,
      such project on the basis of race, color, national origin, sex,
      age, or political affiliation of such participant or member, or
      on the basis of disability, if the participant or member is a
      qualified individual with a disability.
      (2) "Qualified individual with a disability" defined
        As used in paragraph (1), the term "qualified individual with a
      disability" has the meaning given the term in section 12111(8) of
      this title.
    (b) Federal financial assistance
      Any assistance provided under this subchapter shall constitute
    Federal financial assistance for purposes of title VI of the Civil
    Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the
    Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504
    of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Age
    Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and shall
    constitute Federal financial assistance to an education program or
    activity for purposes of the Education Amendments of 1972 (20
    U.S.C. 1681 et seq.).
    (c) Religious discrimination
      (1) In general
        Except as provided in paragraph (2), an individual with
      responsibility for the operation of a project that receives
      assistance under this subchapter shall not discriminate on the
      basis of religion against a participant in such project or a
      member of the staff of such project who is paid with funds
      received under this subchapter.
      (2) Exception
        Paragraph (1) shall not apply to the employment, with
      assistance provided under this subchapter, of any member of the
      staff, of a project that receives assistance under this
      subchapter, who was employed with the organization operating the
      project on the date the grant under this subchapter was awarded.
    (d) Rules and regulations
      The Chief Executive Officer shall promulgate rules and
    regulations to provide for the enforcement of this section that
    shall include provisions for summary suspension of assistance for
    not more than 30 days, on an emergency basis, until notice and an
    opportunity to be heard can be provided.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 175, Nov. 16, 1990, 104 Stat. 3161;
    Pub. L. 103-82, title I, Sec. 115, Sept. 21, 1993, 107 Stat. 862.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Civil Rights Act of 1964, referred to in subsec. (b), is Pub.
    L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the
    Act is classified generally to subchapter V (Sec. 2000d et seq.) of
    chapter 21 of this title. For complete classification of this Act
    to the Code, see Short Title note set out under section 2000a of
    this title and Tables.
      The Education Amendments of 1972, referred to in subsec. (b), is
    Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended. Title IX
    of the Act, known as the Patsy Takemoto Mink Equal Opportunity in
    Education Act, is classified principally to chapter 38 (Sec. 1681
    et seq.) of Title 20, Education. For complete classification of
    title IX to the Code, see Short Title note set out under section
    1681 of Title 20 and Tables.
      The Age Discrimination Act of 1975, referred to in subsec. (b),
    is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 728, as
    amended, which is classified generally to chapter 76 (Sec. 6101 et
    seq.) of this title. For complete classification of this Act to the
    Code, see Short Title note set out under section 6101 of this title
    and Tables.


-MISC1-
                                AMENDMENTS                            
      1993 - Pub. L. 103-82 amended section generally, making revisions
    relating to discrimination based on disability, the laws for which
    assistance under this subchapter constitutes Federal financial
    assistance, and the responsibility for promulgating regulations.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
    123 of Pub. L. 103-82, set out as a note under section 1701 of
    Title 16, Conservation.

-End-



-CITE-
    42 USC Sec. 12636                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division F - Administrative Provisions

-HEAD-
    Sec. 12636. Notice, hearing, and grievance procedures

-STATUTE-
    (a) In general
      (1) Suspension of payments
        The Corporation may in accordance with the provisions of this
      subchapter, suspend or terminate payments under a contract or
      grant providing assistance under this subchapter, or revoke the
      designation of positions, related to the grant or contract, as
      approved national service positions, whenever the Corporation
      determines there is a material failure to comply with this
      subchapter or the applicable terms and conditions of any such
      grant or contract issued pursuant to this subchapter.
      (2) Procedures to ensure assistance
        The Corporation shall prescribe procedures to ensure that - 
          (A) assistance provided under this subchapter shall not be
        suspended for failure to comply with the applicable terms and
        conditions of this subchapter except, in emergency situations,
        a suspension may be granted for 30 days; and
          (B) assistance provided under this subchapter shall not be
        terminated or revoked for failure to comply with applicable
        terms and conditions of this subchapter unless the recipient of
        such assistance has been afforded reasonable notice and
        opportunity for a full and fair hearing.
    (b) Hearings
      Hearings or other meetings that may be necessary to fulfill the
    requirements of this section shall be held at locations convenient
    to the recipient of assistance under this subchapter.
    (c) Transcript or recording
      A transcript or recording shall be made of a hearing conducted
    under this section and shall be available for inspection by any
    individual.
    (d) State legislation
      Nothing in this subchapter shall be construed to preclude the
    enactment of State legislation providing for the implementation,
    consistent with this subchapter, of the programs administered under
    this subchapter.
    (e) Construction
      Nothing in this subchapter shall be construed to link performance
    of service with receipt of Federal student financial assistance,
    other than assistance provided pursuant to this chapter.
    (f) Grievance procedure
      (1) In general
        A State or local applicant that receives assistance under this
      subchapter shall establish and maintain a procedure for the
      filing and adjudication of grievances from participants, labor
      organizations, and other interested individuals concerning
      projects that receive assistance under this subchapter, including
      grievances regarding proposed placements of such participants in
      such projects.
      (2) Deadline for grievances
        Except for a grievance that alleges fraud or criminal activity,
      a grievance shall be made not later than 1 year after the date of
      the alleged occurrence of the event that is the subject of the
      grievance.
      (3) Deadline for hearing and decision
        (A) Hearing
          A hearing on any grievance conducted under this subsection
        shall be conducted not later than 30 days after the filing of
        such grievance.
        (B) Decision
          A decision on any such grievance shall be made not later than
        60 days after the filing of such grievance.
      (4) Arbitration
        (A) In general
          (i) Jointly selected arbitrator
            In the event of a decision on a grievance that is adverse
          to the party who filed such grievance, or 60 days after the
          filing of such grievance if no decision has been reached,
          such party shall be permitted to submit such grievance to
          binding arbitration before a qualified arbitrator who is
          jointly selected and independent of the interested parties.
          (ii) Appointed arbitrator
            If the parties cannot agree on an arbitrator, the Chief
          Executive Officer shall appoint an arbitrator from a list of
          qualified arbitrators within 15 days after receiving a
          request for such appointment from one of the parties to the
          grievance.
        (B) Deadline for proceeding
          An arbitration proceeding shall be held not later than 45
        days after the request for such arbitration proceeding, or, if
        the arbitrator is appointed by the Chief Executive Officer in
        accordance with subparagraph (A)(ii), not later than 30 days
        after the appointment of such arbitrator.
        (C) Deadline for decision
          A decision concerning a grievance shall be made not later
        than 30 days after the date such arbitration proceeding begins.
        (D) Cost
          (i) In general
            Except as provided in clause (ii), the cost of an
          arbitration proceeding shall be divided evenly between the
          parties to the arbitration.
          (ii) Exception
            If a participant, labor organization, or other interested
          individual described in paragraph (1) prevails under a
          binding arbitration proceeding, the State or local applicant
          described in paragraph (1) that is a party to such grievance
          shall pay the total cost of such proceeding and the
          attorneys' fees of such participant, labor organization, or
          individual, as the case may be.
      (5) Proposed placement
        If a grievance is filed regarding a proposed placement of a
      participant in a project that receives assistance under this
      subchapter, such placement shall not be made unless the placement
      is consistent with the resolution of the grievance pursuant to
      this subsection.
      (6) Remedies
        Remedies for a grievance filed under this subsection include - 
          (A) suspension of payments for assistance under this
        subchapter;
          (B) termination of such payments;
          (C) prohibition of the placement described in paragraph (5);
        and
          (D) in a case in which the grievance involves a violation of
        subsection (a) or (b) of section 12637 of this title and the
        employer of the displaced employee is the recipient of
        assistance under this subchapter - 
            (i) reinstatement of the displaced employee to the position
          held by such employee prior to displacement;
            (ii) payment of lost wages and benefits of the displaced
          employee;
            (iii) reestablishment of other relevant terms, conditions,
          and privileges of employment of the displaced employee; and
            (iv) such equitable relief as is necessary to correct any
          violation of subsection (a) or (b) of section 12637 of this
          title or to make the displaced employee whole.
      (7) Enforcement
        Suits to enforce arbitration awards under this section may be
      brought in any district court of the United States having
      jurisdiction of the parties, without regard to the amount in
      controversy and without regard to the citizenship of the parties.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 176, Nov. 16, 1990, 104 Stat. 3161;
    Pub. L. 103-82, title I, Sec. 116, title IV, Sec. 402(b)(1), Sept.
    21, 1993, 107 Stat. 863, 918.)


-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (a)(1). Pub. L. 103-82, Sec. 402(b)(1),
    substituted "Corporation" for "Commission" in two places.
      Pub. L. 103-82, Sec. 116(a)(1), inserted ", or revoke the
    designation of positions, related to the grant or contract, as
    approved national service positions," after "assistance under this
    subchapter".
      Subsec. (a)(2). Pub. L. 103-82, Sec. 402(b)(1), substituted
    "Corporation" for "Commission" in introductory provisions.
      Subsec. (a)(2)(B). Pub. L. 103-82, Sec. 116(a)(2), inserted "or
    revoked" after "terminated".
      Subsec. (e). Pub. L. 103-82, Sec. 116(b), inserted before period
    at end ", other than assistance provided pursuant to this chapter".
      Subsec. (f). Pub. L. 103-82, Sec. 116(c), amended subsec. (f)
    generally, substituting pars. (1) to (6) for former pars. (1) to
    (6) relating to same subjects and adding par. (7).

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by section 116 of Pub. L. 103-82 effective Oct. 1,
    1993, see section 123 of Pub. L. 103-82, set out as a note under
    section 1701 of Title 16, Conservation.
      Amendment by section 402(b)(1) of Pub. L. 103-82 effective Oct.
    1, 1993, see section 406(a) of Pub. L. 103-82, set out as a note
    under section 5061 of this title.

-End-



-CITE-
    42 USC Sec. 12637                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division F - Administrative Provisions

-HEAD-
    Sec. 12637. Nonduplication and nondisplacement

-STATUTE-
    (a) Nonduplication
      (1) In general
        Assistance provided under this subchapter shall be used only
      for a program that does not duplicate, and is in addition to, an
      activity otherwise available in the locality of such program.
      (2) Private nonprofit entity
        Assistance made available under this subchapter shall not be
      provided to a private nonprofit entity to conduct activities that
      are the same or substantially equivalent to activities provided
      by a State or local government agency that such entity resides
      in, unless the requirements of subsection (b) of this section are
      met.
    (b) Nondisplacement
      (1) In general
        An employer shall not displace an employee or position,
      including partial displacement such as reduction in hours, wages,
      or employment benefits, as a result of the use by such employer
      of a participant in a program receiving assistance under this
      subchapter.
      (2) Service opportunities
        A service opportunity shall not be created under this
      subchapter that will infringe in any manner on the promotional
      opportunity of an employed individual.
      (3) Limitation on services
        (A) Duplication of services
          A participant in a program receiving assistance under this
        subchapter shall not perform any services or duties or engage
        in activities that would otherwise be performed by an employee
        as part of the assigned duties of such employee.
        (B) Supplantation of hiring
          A participant in any program receiving assistance under this
        subchapter shall not perform any services or duties, or engage
        in activities, that - 
            (i) will supplant the hiring of employed workers; or
            (ii) are services, duties, or activities with respect to
          which an individual has recall rights pursuant to a
          collective bargaining agreement or applicable personnel
          procedures.
        (C) Duties formerly performed by another employee
          A participant in any program receiving assistance under this
        subchapter shall not perform services or duties that have been
        performed by or were assigned to any - 
            (i) presently employed worker;
            (ii) employee who recently resigned or was discharged;
            (iii) employee who - 
              (I) is subject to a reduction in force; or
              (II) has recall rights pursuant to a collective
            bargaining agreement or applicable personnel procedures;

            (iv) employee who is on leave (terminal, temporary,
          vacation, emergency, or sick); or
            (v) employee who is on strike or who is being locked out.
    (c) Labor market information
      The Secretary of Labor shall make available to the Corporation
    and to any program agency under this subchapter such labor market
    information as is appropriate for use in carrying out the purposes
    of this subchapter.
    (d) Treatment of benefits
      Allowances, earnings, and payments to individuals participating
    in programs that receive assistance under this subchapter shall not
    be considered to be income for the purposes of determining
    eligibility for and the amount of income transfer and in-kind aid
    furnished under any Federal or federally assisted program based on
    need, other than as provided under the Social Security Act (42
    U.S.C. 301 et seq.).
    (e) Standards of conduct
      Programs that receive assistance under this subchapter shall
    establish and stringently enforce standards of conduct at the
    program site to promote proper moral and disciplinary conditions.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 177, Nov. 16, 1990, 104 Stat. 3163;
    Pub. L. 103-82, title I, Sec. 117, title IV, Sec. 402(b)(1), Sept.
    21, 1993, 107 Stat. 864, 918; Pub. L. 105-277, div. A, Sec. 101(f)
    [title VIII, Sec. 405(d)(42)(A)], Oct. 21, 1998, 112 Stat. 2681-
    337, 2681-427.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsec. (d), is act Aug.
    14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified
    generally to chapter 7 (Sec. 301 et seq.) of this title. For
    complete classification of this Act to the Code, see section 1305
    of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (d). Pub. L. 105-277 amended heading and text of
    subsec. (d) generally. Prior to amendment, text read as follows:
    "Section 142(b) of the Job Training Partnership Act shall apply to
    the projects conducted under this subchapter as such projects were
    conducted under the Job Training Partnership Act."
      1993 - Subsec. (b)(3)(B). Pub. L. 103-82, Sec. 117(1), amended
    heading and text of subpar. (B) generally. Prior to amendment, text
    read as follows: "A participant in any program receiving assistance
    under this subchapter shall not perform any services or duties or
    engage in activities that will supplant the hiring of employed
    workers."
      Subsec. (b)(3)(C)(iii). Pub. L. 103-82, Sec. 117(2), amended cl.
    (iii) generally. Prior to amendment, cl. (iii) read as follows:
    "employee who is subject to a reduction in force;".
      Subsec. (c). Pub. L. 103-82, Sec. 402(b)(1), substituted
    "Corporation" for "Commission".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by section 117 of Pub. L. 103-82 effective Oct. 1,
    1993, see section 123 of Pub. L. 103-82, set out as a note under
    section 1701 of Title 16, Conservation.
      Amendment by section 402(b)(1) of Pub. L. 103-82 effective Oct.
    1, 1993, see section 406(a) of Pub. L. 103-82, set out as a note
    under section 5061 of this title.

-End-



-CITE-
    42 USC Sec. 12638                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division F - Administrative Provisions

-HEAD-
    Sec. 12638. State Commissions on National and Community Service

-STATUTE-
    (a) Existence required
      (1) State Commission
        Except as provided in paragraph (2), to be eligible to receive
      a grant or allotment under division B or C of this subchapter or
      to receive a distribution of approved national service positions
      under division C of this subchapter, a State shall maintain a
      State Commission on National and Community Service that satisfies
      the requirements of this section.
      (2) Alternative administrative entity
        The chief executive officer of a State may apply to the
      Corporation for approval to use an alternative administrative
      entity to carry out the duties otherwise entrusted to a State
      Commission under this chapter. The chief executive officer shall
      ensure that any alternative administrative entity used in lieu of
      a State Commission provides for the individuals described in
      paragraph (1), and some of the individuals described in paragraph
      (2), of subsection (c) of this section to play a significant
      policymaking role in carrying out the duties otherwise entrusted
      to a State Commission, including the submission of applications
      on behalf of the State under sections 12543 and 12582 of this
      title.
    (b) Appointment and size
      Except as provided in subsection (c)(3) of this section, the
    members of a State Commission for a State shall be appointed by the
    chief executive officer of the State. A State Commission shall
    consist of not fewer than 15, and not more than 25, voting members,
    and any ex officio nonvoting members, as described in paragraph (3)
    or (4) of subsection (c) of this section.
    (c) Composition and membership
      (1) Required members
        The State Commission for a State shall include as voting
      members at least one of each of the following individuals:
          (A) An individual with expertise in the educational,
        training, and development needs of youth, particularly
        disadvantaged youth.
          (B) An individual with experience in promoting the
        involvement of older adults in service and voluntarism.
          (C) A representative of community-based agencies or community-
        based organizations within the State.
          (D) The head of the State educational agency.
          (E) A representative of local governments in the State.
          (F) A representative of local labor organizations in the
        State.
          (G) A representative of business.
          (H) An individual between the ages of 16 and 25 who is a
        participant or supervisor in a program.
          (I) A representative of a national service program described
        in section 12572(a) of this title, such as a youth corps
        program described in section 12572(a)(2) of this title.
      (2) Sources of other members
        The State Commission for a State may include as voting members
      the following individuals:
          (A) Members selected from among local educators.
          (B) Members selected from among experts in the delivery of
        human, educational, environmental, or public safety services to
        communities and persons.
          (C) Representatives of Indian tribes.
          (D) Members selected from among out-of-school youth or other
        at-risk youth.
          (E) Representatives of entities that receive assistance under
        the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et
        seq.).
      (3) Corporation representative
        The representative of the Corporation designated under section
      12651f(c) of this title for a State shall be an ex officio
      nonvoting member of the State Commission or alternative
      administrative entity for that State, unless the State permits
      the representative to serve as a voting member of the State
      Commission or alternative administrative entity.
      (4) Ex officio State representatives
        The chief executive officer of a State may appoint, as ex
      officio nonvoting members of the State Commission for the State,
      representatives selected from among officers and employees of
      State agencies operating community service, youth service,
      education, social service, senior service, and job training
      programs.
      (5) Limitation on number of State employees as members
        The number of voting members of a State Commission selected
      under paragraph (1) or (2) who are officers or employees of the
      State may not exceed 25 percent (reduced to the nearest whole
      number) of the total membership of the State Commission.
    (d) Miscellaneous matters
      (1) Membership balance
        The chief executive officer of a State shall ensure, to the
      maximum extent practicable, that the membership of the State
      Commission for the State is diverse with respect to race,
      ethnicity, age, gender, and disability characteristics. Not more
      than 50 percent of the voting members of a State Commission, plus
      one additional member, may be from the same political party.
      (2) Terms
        Each member of the State Commission for a State shall serve for
      a term of 3 years, except that the chief executive officer of a
      State shall initially appoint a portion of the members to terms
      of 1 year and 2 years.
      (3) Vacancies
        If a vacancy occurs on a State Commission, a new member shall
      be appointed by the chief executive officer of the State and
      serve for the remainder of the term for which the predecessor of
      such member was appointed. The vacancy shall not affect the power
      of the remaining members to execute the duties of the State
      Commission.
      (4) Compensation
        A member of a State Commission or alternative administrative
      entity shall not receive any additional compensation by reason of
      service on the State Commission or alternative administrative
      entity, except that the State may authorize the reimbursement of
      travel expenses, including a per diem in lieu of subsistence, in
      the same manner as other employees serving intermittently in the
      service of the State.
      (5) Chairperson
        The voting members of a State Commission shall elect one of the
      voting members to serve as chairperson of the State Commission.
      (6) Limitation on member participation
        (A) General limitation
          Except as provided in subparagraph (B), a voting member of
        the State Commission (or of an alternative administrative
        entity) shall not participate in the administration of the
        grant program (including any discussion or decision regarding
        the provision of assistance or approved national service
        positions, or the continuation, suspension, or termination of
        such assistance or such positions, to any program or entity)
        described in subsection (e)(9) of this section if - 
            (i) a grant application relating to such program is pending
          before the Commission (or such entity); and
            (ii) the application was submitted by a program or entity
          of which such member is, or in the 1-year period before the
          submission of such application was, an officer, director,
          trustee, full-time volunteer, or employee.
        (B) Exception
          If, as a result of the operation of subparagraph (A), the
        number of voting members of the Commission (or of such entity)
        is insufficient to establish a quorum for the purpose of
        administering such program, then voting members excluded from
        participation by subparagraph (A) may participate in the
        administration of such program, notwithstanding the limitation
        in subparagraph (A), to the extent permitted by regulations
        issued under section 12651d(b)(11) of this title by the
        Corporation.
        (C) Rule of construction
          Subparagraph (A) shall not be construed to limit the
        authority of any voting member of the Commission (or of such
        entity) to participate in - 
            (i) discussion of, and hearing and forums on - 
              (I) the general duties, policies, and operations of the
            Commission (or of such entity); or
              (II) the general administration of such program; or

            (ii) similar general matters relating to the Commission (or
          such entity).
    (e) Duties of a State Commission
      The State Commission or alternative administrative entity for a
    State shall be responsible for the following duties:
        (1) Preparation of a national service plan for the State that -
      
          (A) is developed through an open and public process (such as
        through regional forums, hearings, and other means) that
        provides for maximum participation and input from national
        service programs within the State and other interested members
        of the public;
          (B) covers a 3-year period;
          (C) is updated annually;
          (D) ensures outreach to diverse community-based agencies that
        serve underrepresented populations, by - 
            (i) using established networks, and registries, at the
          State level; or
            (ii) establishing such networks and registries; and

          (E) contains such information as the State Commission
        considers to be appropriate or as the Corporation may require.

        (2) Preparation of the applications of the State under sections
      12543 and 12582 of this title for financial assistance.
        (3) Assistance in the preparation of the application of the
      State educational agency for assistance under section 12525 of
      this title.
        (4) Preparation of the application of the State under section
      12582 of this title for the approval of service positions that
      include the national service educational award described in
      division D of this subchapter.
        (5) Make recommendations to the Corporation with respect to
      priorities for programs receiving assistance under the Domestic
      Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.).
        (6) Make technical assistance available to enable applicants
      for assistance under section 12571 of this title - 
          (A) to plan and implement service programs; and
          (B) to apply for assistance under the national service laws
        using, if appropriate, information and materials available
        through a clearinghouse established under section 12653a of
        this title.

        (7) Assistance in the provision of health care and child care
      benefits under section 12594 of this title to participants in
      national service programs that receive assistance under section
      12571 of this title.
        (8) Development of a State system for the recruitment and
      placement of participants in programs that receive assistance
      under the national service laws and dissemination of information
      concerning national service programs that receive such assistance
      or approved national service positions.
        (9) Administration of the grant program in support of national
      service programs that is conducted by the State using assistance
      provided to the State under section 12571 of this title,
      including selection, oversight, and evaluation of grant
      recipients.
        (10) Development of projects, training methods, curriculum
      materials, and other materials and activities related to national
      service programs that receive assistance directly from the
      Corporation (to be made available in a case in which such a
      program requests such a project, method, material, or activity)
      or from the State using assistance provided under section 12571
      of this title, for use by programs that request such projects,
      methods, materials, and activities.
    (f) Activity ineligible for assistance
      A State Commission or alternative administrative entity may not
    directly carry out any national service program that receives
    assistance under section 12571 of this title.
    (g) Delegation
      Subject to such requirements as the Corporation may prescribe, a
    State Commission may delegate nonpolicymaking duties to a State
    agency or public or private nonprofit organization.
    (h) Approval of State Commission or alternative
      (1) Submission to Corporation
        The chief executive officer for a State shall notify the
      Corporation of the establishment or designation of the State
      Commission or use of an alternative administrative entity for the
      State. The notification shall include a description of - 
          (A) the composition and membership of the State Commission or
        alternative administrative entity; and
          (B) the authority of the State Commission or alternative
        administrative entity regarding national service activities
        carried out by the State.
      (2) Approval of alternative administrative entity
        Any designation of a State Commission or use of an alternative
      administrative entity to carry out the duties of a State
      Commission shall be subject to the approval of the Corporation,
      which shall not be unreasonably withheld. The Corporation shall
      approve an alternative administrative entity if such entity
      provides for individuals described in paragraph (1), and some of
      the individuals described in paragraph (2), of subsection (c) of
      this section to play a significant policymaking role in carrying
      out the duties otherwise entrusted to a State Commission,
      including the duties described in paragraphs (1) through (4) of
      subsection (e) of this section.
      (3) Rejection
        The Corporation may reject a State Commission if the
      Corporation determines that the composition, membership, or
      duties of the State Commission do not comply with the
      requirements of this section. The Corporation may reject a
      request to use an alternative administrative entity in lieu of a
      State Commission if the Corporation determines that the entity
      does not provide for the individuals described in paragraph (1),
      and some of the individuals described in paragraph (2), of
      subsection (c) of this section to play a significant policymaking
      role as described in paragraph (2). If the Corporation rejects a
      State Commission or alternative administrative entity under this
      paragraph, the Corporation shall promptly notify the State of the
      reasons for the rejection.
      (4) Resubmission and reconsideration
        The Corporation shall provide a State notified under paragraph
      (3) with a reasonable opportunity to revise the rejected State
      Commission or alternative administrative entity. At the request
      of the State, the Corporation shall provide technical assistance
      to the State as part of the revision process. The Corporation
      shall promptly reconsider any resubmission of a notification
      under paragraph (1) or application to use an alternative
      administrative entity under paragraph (2).
      (5) Subsequent changes
        This subsection shall also apply to any change in the
      composition or duties of a State Commission or an alternative
      administrative entity made after approval of the State Commission
      or the alternative administrative entity.
      (6) Rights
        An alternative administrative entity approved by the
      Corporation under this subsection shall have the same rights as a
      State Commission.
    (i) Coordination
      (1) Coordination with other State agencies
        The State Commission or alternative administrative entity for a
      State shall coordinate the activities of the Commission or entity
      under this chapter with the activities of other State agencies
      that administer Federal financial assistance programs under the
      Community Services Block Grant Act (42 U.S.C. 9901 et seq.) or
      other appropriate Federal financial assistance programs.
      (2) Coordination with volunteer service programs
        (A) In general
          The State Commission or alternative administrative entity for
        a State shall coordinate functions of the Commission or entity
        (including recruitment, public awareness, and training
        activities) with such functions of any division of the
        Corporation that carries out volunteer service programs in the
        State.
        (B) Agreement
          In coordinating functions under this paragraph, such
        Commission or entity, and such division, may enter into an
        agreement to - 
            (i) carry out such a function jointly;
            (ii) to (!1) assign responsibility for such a function to
          the Commission or entity; or

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

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 178, as added and amended Pub. L.
    103-82, title II, Sec. 201(a), title IV, Sec. 405(p)(1), Sept. 21,
    1993, 107 Stat. 867, 922.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Domestic Volunteer Service Act of 1973, referred to in
    subsecs. (c)(2)(E) and (e)(5), is Pub. L. 93-113, Oct. 1, 1973, 87
    Stat. 394, as amended, which is classified principally to chapter
    66 (Sec. 4950 et seq.) of this title. For complete classification
    of this Act to the Code, see Short Title note set out under section
    4950 of this title and Tables.
      The Community Services Block Grant Act, referred to in subsec.
    (i)(1), is subtitle B (Sec. 671 et seq.) of title VI of Pub. L. 97-
    35, Aug. 13, 1981, 95 Stat. 511, as amended, which is classified
    generally to chapter 106 (Sec. 9901 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 9901 of this title and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12638, Pub. L. 101-610, title I, Sec. 178, Nov.
    16, 1990, 104 Stat. 3164; Pub. L. 102-10, Sec. 8(1), Mar. 12, 1991,
    105 Stat. 31, provided that States applying for assistance under
    this subchapter be encouraged to establish a State Advisory Board
    for National and Community Service and set out additional
    provisions for membership and duties of such boards, prior to
    repeal by Pub. L. 103-82, Sec. 201(a).

                                AMENDMENTS                            
      1993 - Subsec. (i)(2)(A). Pub. L. 103-82, Sec. 405(p)(1),
    substituted "the Corporation" for "ACTION, or of the Corporation,"
    before "that carries out".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by section 405(p)(1) of Pub. L. 103-82 effective Apr.
    4, 1994, see section 406(b) of Pub. L. 103-82, set out as a note
    under section 8332 of Title 5, Government Organization and
    Employees.

                              EFFECTIVE DATE                          
      Section 201(c) of Pub. L. 103-82 provided that: "The amendments
    made by this section [enacting this section and repealing former
    section 12638 of this title] shall take effect on October 1, 1993."

                          TRANSITIONAL PROVISIONS                      
      Section 201(d) of Pub. L. 103-82 provided that:
      "(1) Use of alternatives to state commission. - If a State does
    not have a State Commission on National and Community Service that
    satisfies the requirements specified in section 178 of the National
    and Community Service Act of 1990 [42 U.S.C. 12638], as amended by
    subsection (a), the Corporation for National and Community Service
    may authorize the chief executive officer of the State to use an
    existing agency of the State to perform the duties otherwise
    reserved to a State Commission under subsection (e) of such
    section.
      "(2) Application of subsection. - This subsection shall apply
    only during the 27-month period beginning on the date of the
    enactment of this Act [Sept. 21, 1993]."

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


-End-



-CITE-
    42 USC Sec. 12639                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division F - Administrative Provisions

-HEAD-
    Sec. 12639. Evaluation

-STATUTE-
    (a) In general
      The Corporation shall provide, through grants or contracts, for
    the continuing evaluation of programs that receive assistance under
    the national service laws, including evaluations that measure the
    impact of such programs, to determine - 
        (1) the effectiveness of various program models in achieving
      stated goals and the costs associated with such;
        (2) with respect to the programs authorized under division C of
      this subchapter, the impact of such programs, in each State in
      which a program is conducted, on the ability of - 
          (A) the VISTA and National Senior Volunteer Corps programs
        (established under the Domestic Volunteer Services (!1) Act of
        1973 (42 U.S.C. 4950 et seq.));

          (B) each regular component of the Armed Forces (as defined in
        section 101(a)(4) of title 10);
          (C) each of the reserve components of the Armed Forces (as
        described in section 10101 of title 10); and
          (D) the Peace Corps (as established by the Peace Corps Act
        (22 U.S.C. 2501 et seq.));

      to recruit individuals residing in such State to serve in such
      program; and
        (3) the structure and mechanisms for delivery of services for
      such programs.
    (b) Comparisons
      The Corporation shall provide for inclusion in the evaluations
    required under subsection (a) of this section, where appropriate,
    comparisons of participants in such programs with individuals who
    have not participated in such programs.
    (c) Conducting evaluations
      Evaluations of programs under subsection (a) of this section
    shall be conducted by individuals who are not directly involved in
    the administration of such program.
    (d) Standards
      The Corporation shall develop and publish general standards for
    the evaluation of program effectiveness in achieving the objectives
    of the national service laws.
    (e) Community participation
      In evaluating a program receiving assistance under the national
    service laws, the Corporation shall consider the opinions of
    participants and members of the communities where services are
    delivered concerning the strengths and weaknesses of such program.
    (f) Comparison of program models
      The Corporation shall evaluate and compare the effectiveness of
    different program models in meeting the program objectives
    described in subsection (g) of this section including full- and
    part-time programs, programs involving different types of national
    service, programs using different recruitment methods, programs
    offering alternative voucher or post-service benefit options, and
    programs utilizing individual placements and teams.
    (g) Program objectives
      The Corporation shall ensure that programs that receive
    assistance under division C of this subchapter are evaluated to
    determine their effectiveness in - 
        (1) recruiting and enrolling diverse participants in such
      programs, consistent with the requirements of section 12575 (!2)
      of this title, based on economic background, race, ethnicity,
      age, marital status, education levels, and disability;

        (2) promoting the educational achievement of each participant
      in such programs, based on earning a high school diploma or the
      equivalent of such diploma and the future enrollment and
      completion of increasingly higher levels of education;
        (3) encouraging each participant to engage in public and
      community service after completion of the program based on career
      choices and service in other service programs such as the
      Volunteers in Service to America Program and National Senior
      Volunteer Corps programs established under the Domestic Volunteer
      Service Act of 1973 (42 U.S.C. 4950 et seq.), the Peace Corps (as
      established by the Peace Corps Act (22 U.S.C. 2501 et seq.)), the
      military, and part-time volunteer service;
        (4) promoting of positive attitudes among each participant
      regarding the role of such participant in solving community
      problems based on the view of such participant regarding the
      personal capacity of such participant to improve the lives of
      others, the responsibilities of such participant as a citizen and
      community member, and other factors;
        (5) enabling each participant to finance a lesser portion of
      the higher education of such participant through student loans;
        (6) providing services and projects that benefit the community;
        (7) supplying additional volunteer assistance to community
      agencies without overloading such agencies with more volunteers
      than can effectively be utilized;
        (8) providing services and activities that could not otherwise
      be performed by employed workers and that will not supplant the
      hiring of, or result in the displacement of, employed workers or
      impair the existing contracts of such workers; and
        (9) attracting a greater number of citizens to public service,
      including service in the active and reserve components of the
      Armed Forces, the National Guard, the Peace Corps (as established
      by the Peace Corps Act (22 U.S.C. 2501 et seq.)), and the VISTA
      and National Senior Volunteer Corps programs established under
      the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et
      seq.).
    (h) Obtaining information
      (1) In general
        In conducting the evaluations required under this section, the
      Corporation may require each program participant and State or
      local applicant to provide such information as may be necessary
      to carry out the requirements of this section.
      (2) Confidentiality
        (A) In general
          The Corporation shall maintain the confidentiality of
        information acquired under this subsection regarding individual
        participants.
        (B) Disclosure
          (i) Consent
            The content of any information described in subparagraph
          (A) may be disclosed with the prior written consent of the
          individual participant with respect to whom the information
          is maintained.
          (ii) Aggregate information
            The Corporation may disclose information about the
          aggregate characteristics of such participants.
    (i) Independent evaluation and report of demographics of national
      service participants and communities
      (1) Independent evaluation
        (A) In general
          The Corporation shall, on an annual basis, arrange for an
        independent evaluation of the programs assisted under division
        C of this subchapter.
        (B) Participants
          (i) In general
            The entity conducting such evaluation shall determine the
          demographic characteristics of the participants in such
          programs.
          (ii) Characteristics
            The entity shall determine, for the year covered by the
          evaluation, the total number of participants in the programs,
          and the number of participants within the programs in each
          State, by sex, age, economic background, education level,
          ethnic group, disability classification, and geographic
          region.
          (iii) Categories
            The Corporation shall determine appropriate categories for
          analysis of each of the characteristics referred to in clause
          (ii) for purposes of such an evaluation.
        (C) Communities
          In conducting the evaluation, the entity shall determine the
        amount of assistance provided under section 12571 of this title
        during the year that has been expended for projects conducted
        under the programs in areas described in section 12585(c)(6) of
        this title.
      (2) Report
        The entity conducting the evaluation shall submit a report to
      the President, Congress, the Corporation, and each State
      Commission containing the results of the evaluation - 
          (A) with respect to the evaluation covering the year
        beginning on September 21, 1993, not later than 18 months after
        September 21, 1993; and
          (B) with respect to the evaluation covering each subsequent
        year, not later than 18 months after the first day of each such
        year.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 179, Nov. 16, 1990, 104 Stat. 3164;
    Pub. L. 102-384, Secs. 4, 9, Oct. 5, 1992, 106 Stat. 1455, 1456;
    Pub. L. 103-82, title I, Sec. 118, title II, Sec. 203(a)(1)(A),
    title IV, Sec. 402(b)(1), Sept. 21, 1993, 107 Stat. 865, 891, 918;
    Pub. L. 103-160, div. A, title XI, Sec. 1182(d)(4), Nov. 30, 1993,
    107 Stat. 1773; Pub. L. 104-106, div. A, title XV, Sec. 1501(e)(5),
    Feb. 10, 1996, 110 Stat. 501.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Peace Corps Act, referred to in subsecs. (a)(2)(D) and
    (g)(3), (9), is Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as
    amended, which is classified principally to chapter 34 (Sec. 2501
    et seq.) of Title 22, Foreign Relations and Intercourse. For
    complete classification of that Act to the Code, see Short Title
    note set out under section 2501 of Title 22 and Tables.
      Section 12575 of this title, referred to in subsec. (g)(1), was
    in the original a reference to section 145 of Pub. L. 101-610.
    Section 145 of Pub. L. 101-610 was omitted in the general amendment
    of subtitle D of title I of Pub. L. 101-610 [former part D of this
    subchapter] by Pub. L. 103-82, title I, Sec. 102(a), Sept. 21,
    1993, 107 Stat. 816. Pub. L. 103-82 enacted a new section 125 of
    Pub. L. 101-610, relating to training and technical assistance, and
    a new section 145, relating to establishment of the National
    Service Trust, which are classified to sections 12575 and sections
    12601, respectively, of this title. Provisions relating to the
    eligibility of individuals for participation in national service
    programs are now contained in section 12591 et seq. of this title.
      The Domestic Volunteer Service Act of 1973, referred to in
    subsec. (g)(3), (9), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394,
    as amended, which is classified principally to chapter 66 (Sec.
    4950 et seq.) of this title. For complete classification of this
    Act to the Code, see Short Title note set out under section 4950 of
    this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(2)(C). Pub. L. 104-106 substituted "section
    10101 of title 10" for "section 216(a) of title 5".
      1993 - Subsec. (a). Pub. L. 103-82, Sec. 402(b)(1), substituted
    "Corporation" for "Commission" in introductory provisions.
      Pub. L. 103-82, Sec. 203(a)(1)(A), substituted "the national
    service laws" for "this subchapter" in introductory provisions.
      Subsec. (a)(2). Pub. L. 103-82, Sec. 118(1)(A), substituted "with
    respect to the programs authorized under division C of this
    subchapter" for "for purposes of the reports required by subsection
    (j) of this section" in introductory provisions.
      Subsec. (a)(2)(A). Pub. L. 103-82, Sec. 118(1)(B), substituted
    "National Senior Volunteer Corps programs" for "older American
    volunteer programs".
      Subsec. (a)(2)(B). Pub. L. 103-160 substituted "section 101(a)(4)
    of title 10" for "section 101(4) of title 10".
      Subsec. (b). Pub. L. 103-82, Sec. 402(b)(1), substituted
    "Corporation" for "Commission".
      Subsec. (d). Pub. L. 103-82, Sec. 402(b)(1), substituted
    "Corporation" for "Commission".
      Pub. L. 103-82, Sec. 203(a)(1)(A), substituted "the national
    service laws" for "this subchapter".
      Subsec. (e). Pub. L. 103-82, Sec. 402(b)(1), substituted
    "Corporation" for "Commission".
      Pub. L. 103-82, Sec. 203(a)(1)(A), substituted "the national
    service laws" for "this subchapter".
      Subsec. (f). Pub. L. 103-82, Sec. 402(b)(1), substituted
    "Corporation" for "Commission".
      Subsec. (g). Pub. L. 103-82, Sec. 402(b)(1), substituted
    "Corporation" for "Commission" in introductory provisions.
      Pub. L. 103-82, Sec. 118(2)(A), substituted "division C of this
    subchapter" for "part D of this subchapter" in introductory
    provisions.
      Subsec. (g)(3), (9). Pub. L. 103-82, Sec. 118(2)(B), substituted
    "National Senior Volunteer Corps programs" for "older American
    volunteer programs".
      Subsec. (h)(1), (2)(A), (B)(ii). Pub. L. 103-82, Sec. 402(b)(1),
    substituted "Corporation" for "Commission".
      Subsecs. (i), (j). Pub. L. 103-82, Sec. 118(3), (4), added
    subsec. (i) and struck out former subsecs. (i) and (j) which
    related to deadline and report, respectively.
      1992 - Subsec. (a)(2). Pub. L. 102-384, Sec. 9(1), substituted
    "subsection (j)" for "subsection (h)".
      Subsec. (d). Pub. L. 102-384, Sec. 4, substituted "Commission"
    for "Secretary".
      Subsec. (f). Pub. L. 102-384, Sec. 9(2), inserted "or post-
    service benefit" after "voucher".
      Subsec. (h)(1). Pub. L. 102-384, Sec. 9(3)(A), substituted "this
    section" for "subsection (g) of this section".
      Subsec. (h)(2). Pub. L. 102-384, Sec. 9(3)(B), added par. (2) and
    struck out former par. (2) which read as follows: "The Commission
    shall keep information acquired under this section confidential."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-106 effective as if included in the
    Reserve Officer Personnel Management Act, title XVI of Pub. L. 103-
    337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L.
    104-106, set out as a note under section 113 of Title 10, Armed
    Forces.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by section 118 of Pub. L. 103-82 effective Oct. 1,
    1993, see section 123 of Pub. L. 103-82, set out as a note under
    section 1701 of Title 16, Conservation.
      Amendment by section 203(a)(1)(A) of Pub. L. 103-82 effective
    Apr. 4, 1994, see section 203(d) of Pub. L. 103-82, set out as a
    note under section 12651 of this title.
      Amendment by section 402(b)(1) of Pub. L. 103-82 effective Oct.
    1, 1993, see section 406(a) of Pub. L. 103-82, set out as a note
    under section 5061 of this title.

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

    (!2) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 12640                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division F - Administrative Provisions

-HEAD-
    Sec. 12640. Engagement of participants

-STATUTE-
      A State shall not engage a participant to serve in any program
    that receives assistance under this subchapter unless and until
    amounts have been appropriated under section 12681 of this title
    for the provision of national service educational awards and for
    the payment of other necessary expenses and costs associated with
    such participant.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 180, Nov. 16, 1990, 104 Stat. 3166;
    Pub. L. 103-82, title I, Sec. 119, Sept. 21, 1993, 107 Stat. 866.)


-MISC1-
                                AMENDMENTS                            
      1993 - Pub. L. 103-82 substituted "national service educational
    awards" for "post-service benefits".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
    123 of Pub. L. 103-82, set out as a note under section 1701 of
    Title 16, Conservation.

-End-



-CITE-
    42 USC Sec. 12641                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division F - Administrative Provisions

-HEAD-
    Sec. 12641. Contingent extension

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


-SOURCE-
    (Pub. L. 101-610, title I, Sec. 181, Nov. 16, 1990, 104 Stat. 3166;
    Pub. L. 103-82, title I, Sec. 120(a), Sept. 21, 1993, 107 Stat.
    866.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1226a of title 20, referred to in text, was in the
    original a reference to section 414 of the General Education
    Provisions Act. Section 414 of that Act was renumbered as section
    422 by Pub. L. 103-382, title II, Sec. 212(b)(1), Oct. 20, 1994,
    108 Stat. 3913, and is classified to section 1226a of Title 20,
    Education.


-MISC1-
                                AMENDMENTS                            
      1993 - Pub. L. 103-82 amended section generally, reenacting
    subsec. (c) as entire section and striking out former subsecs. (a)
    and (b) which related to treatment of education and housing
    benefits and treatment of stipend for living expenses,
    respectively.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
    123 of Pub. L. 103-82, set out as a note under section 1701 of
    Title 16, Conservation.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 12642                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division F - Administrative Provisions

-HEAD-
    Sec. 12642. Partnerships with schools

-STATUTE-
    (a) Design of programs
      The head of each Federal agency and department shall design and
    implement a comprehensive strategy to involve employees of such
    agencies and departments in partnership programs with elementary
    schools and secondary schools. Such strategy shall include - 
        (1) a review of existing programs to identify and expand the
      opportunities for such employees to be adult volunteers in
      schools and for students and out-of-school youth;
        (2) the designation of a senior official in each such agency
      and department who will be responsible for establishing
      partnership and youth service programs in each such agency and
      department and for developing partnership and youth service
      programs;
        (3) the encouragement of employees of such agencies and
      departments to participate in partnership programs and other
      service projects;
        (4) the annual recognition of outstanding service programs
      operated by Federal agencies; and
        (5) the encouragement of businesses and professional firms to
      include community service among the factors considered in making
      hiring, compensation, and promotion decisions.
    (b) Report
      Not later than 180 days after November 16, 1990, and on a regular
    basis thereafter, the head of each Federal agency and department
    shall prepare and submit, to the appropriate Committees of
    Congress, a report concerning the implementation of this section.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 182, Nov. 16, 1990, 104 Stat. 3167;
    Pub. L. 103-82, title I, Sec. 111(b)(1), (2), Sept. 21, 1993, 107
    Stat. 860.)


-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (a)(2), (3). Pub. L. 103-82 substituted
    "partnership" for "adult volunteer and partnership" wherever
    appearing.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
    123 of Pub. L. 103-82, set out as a note under section 1701 of
    Title 16, Conservation.

-End-



-CITE-
    42 USC Sec. 12643                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division F - Administrative Provisions

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

-STATUTE-
    (a) Comptroller General
      The Comptroller General, or any of the duly authorized
    representatives of the Comptroller General, shall have access to,
    and the right to examine and copy, any books, documents, papers,
    records, and other recorded information in any form - 
        (1) within the possession or control of the Corporation or any
      State or local government, Indian tribe, or public or private
      nonprofit organization receiving assistance directly or
      indirectly under this chapter; and
        (2) that the Comptroller General, or his representative,
      considers necessary to the performance of an evaluation, audit,
      or review.
    (b) Chief Financial Officer
      The Chief Financial Officer of the Corporation shall have access
    to, and the right to examine and copy, any books, documents,
    papers, records, and other recorded information in any form - 
        (1) within the possession or control of the Corporation or any
      State or local government, Indian tribe, or public or private
      nonprofit organization receiving assistance directly or
      indirectly under this chapter; and
        (2) that relates to the duties of the Chief Financial Officer.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 183, Nov. 16, 1990, 104 Stat. 3167;
    Pub. L. 103-82, title I, Sec. 121(a), Sept. 21, 1993, 107 Stat.
    866.)


-MISC1-
                                AMENDMENTS                            
      1993 - Pub. L. 103-82 amended section generally, substituting
    provision relating to rights of access, examination, and copying
    for provision relating to service as tutors.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
    123 of Pub. L. 103-82, set out as a note under section 1701 of
    Title 16, Conservation.

-End-



-CITE-
    42 USC Sec. 12644                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division F - Administrative Provisions

-HEAD-
    Sec. 12644. Drug-free workplace requirements

-STATUTE-
      All programs receiving grants under this subchapter shall be
    subject to the Drug-Free Workplace Requirements for Federal Grant
    Recipients under sections 702 through 707 of title 41.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 184, Nov. 16, 1990, 104 Stat.
    3167.)

-End-



-CITE-
    42 USC Sec. 12645                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division F - Administrative Provisions

-HEAD-
    Sec. 12645. Repealed.

-MISC1-
    Sec. 12645. Repealed. Pub. L. 103-82, title I, Sec. 122(a), Sept.
      21, 1993, 107 Stat. 867.
      Section, Pub. L. 101-610, title I, Sec. 186, as added Pub. L. 102-
    10, Sec. 8(2), Mar. 12, 1991, 105 Stat. 31, directed Commission to
    issue final rules or regulations necessary to implement this
    subchapter.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1993, see section 123 of Pub. L. 103-82,
    set out as an Effective Date of 1993 Amendment note under section
    1701 of Title 16, Conservation.

-End-


-CITE-
    42 USC Division G - Corporation for National and
           Community Service                               01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division G - Corporation for National and Community Service

-HEAD-
        DIVISION G - CORPORATION FOR NATIONAL AND COMMUNITY SERVICE    

-End-



-CITE-
    42 USC Sec. 12651                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division G - Corporation for National and Community Service

-HEAD-
    Sec. 12651. Corporation for National and Community Service

-STATUTE-
      There is established a Corporation for National and Community
    Service that shall administer the programs established under the
    national service laws. The Corporation shall be a Government
    corporation, as defined in section 103 of title 5.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 191, as added and amended Pub. L.
    103-82, title II, Secs. 202(a), 203(a)(1)(B), Sept. 21, 1993, 107
    Stat. 873, 891.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12651, Pub. L. 101-610, title I, Sec. 190, Nov.
    16, 1990, 104 Stat. 3168; Pub. L. 102-10, Sec. 9, Mar. 12, 1991,
    105 Stat. 31; Pub. L. 102-384, Secs. 4, 10, Oct. 5, 1992, 106 Stat.
    1455, 1456, provided for establishment of Commission on National
    and Community Service, prior to the general amendment of subtitle G
    of title I of Pub. L. 101-610 [former part G of this subchapter] by
    Pub. L. 103-82, Sec. 202(a).

                                AMENDMENTS                            
      1993 - Pub. L. 103-82, Sec. 203(a)(1)(B), which directed
    amendment of section 191 of subtitle I of the National and
    Community Service Act of 1990 by substituting "the national service
    laws" for "this chapter", was executed to this section, which is
    section 191 of subtitle G of title I of the National Community
    Service Act of 1990, to reflect the probable intent of Congress.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Section 203(d) of Pub. L. 103-82 provided that:
      "(1) In general. - Except as provided in paragraph (2), this
    section [amending this section and sections 12639, 12651b to
    12651d, 12651f, and 12651g of this title, repealing sections 5041
    and 5042 of this title, and enacting provisions set out below], and
    the amendments made by this section, shall take effect - 
        "(A) 18 months after the date of enactment of this Act [Sept.
      21, 1993]; or
        "(B) on such earlier date as the President shall determine to
      be appropriate and announce by proclamation published in the
      Federal Register.
      "(2) Transition. - Subsection (c)(10) [set out below] shall take
    effect on the date of enactment of this Act [Sept. 21, 1993]."
      [Section 203, and the amendments made by section 203, of Pub. L.
    103-82 became effective Apr. 4, 1994, pursuant to Proc. No. 6662,
    Apr. 4, 1994, 59 F.R. 16507, set out below.]

                              EFFECTIVE DATE                          
      Section 202(i) of Pub. L. 103-82 provided that:
      "(1) In general. - Except as provided in paragraph (2), or
    paragraph (2) or (3) of subsection (g) [amending sections 8F and 9
    of the Inspector General Act of 1978, Pub. L. 95-452, set out in
    the Appendix to Title 5, Government Organization and Employees, and
    enacting provisions set out as notes under sections 8F and 9 of
    such act], the amendments made by this section [enacting this
    division and section 8E of the Inspector General Act of 1978, Pub.
    L. 95-452, set out in the Appendix to Title 5, amending section
    5041 of this title, sections 4, 8F, 8G, 9, and 11 of the Inspector
    General Act of 1978, Pub. L. 95-452, set out in the Appendix to
    Title 5, sections 9101 and 9105 of Title 31, Money and Finance,
    section 410 of Title 39, Postal Service, and section 484 of former
    Title 40, Public Buildings, Property, and Works] shall take effect
    on October 1, 1993.
      "(2) Establishment and appointment authorities. - Sections 191,
    192, and 193 of the National and Community Service Act of 1990 [42
    U.S.C. 12651, 12651a, 12651c], as added by subsection (a), shall
    take effect on the date of enactment of this Act [Sept. 21, 1993]."


-TRANS-
       TRANSFER OF FUNCTIONS OF COMMISSION ON NATIONAL AND COMMUNITY
                                  SERVICE
      Section 202(c) of Pub. L. 103-82 provided that:
      "(1) Definitions. - For purposes of this subsection, unless
    otherwise provided or indicated by the context, each term specified
    in section 203(c)(1) [set out below] shall have the meaning given
    the term in such section.
      "(2) Transfer of functions. - There are transferred to the
    Corporation the functions that the Board of Directors or Executive
    Director of the Commission on National and Community Service
    exercised before the effective date of this subsection (including
    all related functions of any officer or employee of the
    Commission).
      "(3) Application. - The provisions of paragraphs (3) through (10)
    of section 203(c) [set out below] shall apply with respect to the
    transfer described in paragraph (2), except that - 
        "(A) for purposes of such application, references to the term
      'ACTION Agency' shall be deemed to be references to the
      Commission on National and Community Service; and
        "(B) paragraph (10) of such section shall not preclude the
      transfer of the members of the Board of Directors of the
      Commission to the Corporation if, on the effective date of this
      subsection, the Board of Directors of the Corporation has not
      been confirmed."

                 TRANSFER OF FUNCTIONS FROM ACTION AGENCY             
      Section 203(c) of Pub. L. 103-82 provided that:
      "(1) Definitions. - For purposes of this subsection, unless
    otherwise provided or indicated by the context - 
        "(A) the term 'Chief Executive Officer' means the Chief
      Executive Officer of the Corporation;
        "(B) the term 'Corporation' means the Corporation for National
      and Community Service, established under section 191 of the
      National and Community Service Act of 1990 [42 U.S.C. 12651];
        "(C) the term 'Federal agency' has the meaning given to the
      term 'agency' by section 551(1) of title 5, United States Code;
        "(D) the term 'function' means any duty, obligation, power,
      authority, responsibility, right, privilege, activity, or
      program; and
        "(E) the term 'office' includes any office, administration,
      agency, institute, unit, organizational entity, or component
      thereof.
      "(2) Transfer of functions. - There are transferred to the
    Corporation the functions that the Director of the ACTION Agency
    exercised before the effective date of this subsection [see
    Effective Date of 1993 Amendment note above] (including all related
    functions of any officer or employee of the ACTION Agency).
      "(3) Determinations of certain functions by the office of
    management and budget. - If necessary, the Office of Management and
    Budget shall make any determination of the functions that are
    transferred under paragraph (2).
      "(4) Reorganization. - The Chief Executive Officer is authorized
    to allocate or reallocate any function transferred under paragraph
    (2) among the officers of the Corporation.
      "(5) Transfer and allocations of appropriations and personnel. -
    Except as otherwise provided in this subsection, the personnel
    employed in connection with, and the assets, liabilities,
    contracts, property, records, and unexpended balances of
    appropriations, authorizations, allocations, and other funds
    employed, used, held, arising from, available to, or to be made
    available in connection with the functions transferred by this
    subsection, subject to section 1531 of title 31, United States
    Code, shall be transferred to the Corporation. Unexpended funds
    transferred pursuant to this paragraph shall be used only for the
    purposes for which the funds were originally authorized and
    appropriated.
      "(6) Incidental transfer. - The Director of the Office of
    Management and Budget, at such time or times as the Director shall
    provide, is authorized to make such determinations as may be
    necessary with regard to the functions transferred by this
    subsection, and to make such additional incidental dispositions of
    personnel, assets, liabilities, grants, contracts, property,
    records, and unexpended balances of appropriations, authorizations,
    allocations, and other funds held, used, arising from, available
    to, or to be made available in connection with such functions, as
    may be necessary to carry out the provisions of this subsection.
    The Director of the Office of Management and Budget shall provide
    for the termination of the affairs of all entities terminated by
    this subsection and for such further measures and dispositions as
    may be necessary to effectuate the purposes of this subsection.
      "(7) Effect on personnel. - 
        "(A) In general. - Except as otherwise provided by this
      subsection, the transfer pursuant to this subsection of full-time
      personnel (except special Government employees) and part-time
      personnel holding permanent positions shall be to positions in
      the Corporation subject to section 195(a) of the National and
      Community Service Act of 1990 [42 U.S.C. 12651f(a)], as added by
      section 202(a) of this Act, and shall not cause any such employee
      to be separated or reduced in grade or compensation, or to have
      the benefits of the employee reduced, for 1 year after the date
      of transfer of such employee under this subsection, and such
      transfer shall be deemed to be a transfer of functions for
      purposes of section 3503 of title 5, United States Code.
        "(B) Executive schedule positions. - Except as otherwise
      provided in this subsection, any person who, on the day preceding
      the effective date of this subsection [see Effective Date of 1993
      Amendment note above], held a position compensated in accordance
      with the Executive Schedule prescribed in chapter 53 of title 5,
      United States Code, and who, without a break in service, is
      appointed in the Corporation to a position having duties
      comparable to the duties performed immediately preceding such
      appointment shall continue to be compensated in such new position
      at not less than the rate provided for such previous position,
      for the duration of the service of such person in such new
      position.
        "(C) Termination of certain positions. - Positions whose
      incumbents are appointed by the President, by and with the advice
      and consent of the Senate, the functions of which are transferred
      by this subsection, shall terminate on the effective date of this
      subsection.
      "(8) Savings provisions. - 
        "(A) Continuing effect of legal documents. - All orders,
      determinations, rules, regulations, permits, agreements, grants,
      contracts, certificates, licenses, registrations, privileges, and
      other administrative actions - 
          "(i) that have been issued, made, granted, or allowed to
        become effective by the President, any Federal agency or
        official thereof, or by a court of competent jurisdiction, in
        the performance of functions that are transferred under this
        subsection; and
          "(ii) that are in effect at the time this subsection takes
        effect [see Effective Date of 1993 Amendment note above], or
        were final before the effective date of this subsection and are
        to become effective on or after the effective date of this
        subsection,
      shall continue in effect according to their terms until modified,
      terminated, superseded, set aside, or revoked in accordance with
      law by the President, the Chief Executive Officer, or other
      authorized official, a court of competent jurisdiction, or by
      operation of law.
        "(B) Proceedings not affected. - The provisions of this
      subsection shall not affect any proceedings, including notices of
      proposed rulemaking, or any application for any license, permit,
      certificate, or financial assistance pending before the ACTION
      Agency at the time this subsection takes effect, with respect to
      functions transferred by this subsection. Such proceedings and
      applications shall be continued. Orders shall be issued in such
      proceedings, appeals shall be taken therefrom, and payments shall
      be made pursuant to such orders, as if this subsection had not
      been enacted, and orders issued in any such proceedings shall
      continue in effect until modified, terminated, superseded, or
      revoked by a duly authorized official, by a court of competent
      jurisdiction, or by operation of law. Nothing in this
      subparagraph shall be deemed to prohibit the discontinuance or
      modification of any such proceeding under the same terms and
      conditions and to the same extent that such proceeding could have
      been discontinued or modified if this subsection had not been
      enacted.
        "(C) Suits not affected. - The provisions of this subsection
      shall not affect suits commenced before the effective date of
      this subsection, and in all such suits, proceedings shall be had,
      appeals taken, and judgments rendered in the same manner and with
      the same effect as if this subsection had not been enacted.
        "(D) Nonabatement of actions. - No suit, action, or other
      proceeding commenced by or against the ACTION Agency, or by or
      against any individual in the official capacity of such
      individual as an officer of the ACTION Agency, shall abate by
      reason of the enactment of this subsection.
        "(E) Administrative actions relating to promulgation of
      regulations. - Any administrative action relating to the
      preparation or promulgation of a regulation by the ACTION Agency
      relating to a function transferred under this subsection may be
      continued by the Corporation with the same effect as if this
      subsection had not been enacted.
      "(9) Severability. - If a provision of this subsection or its
    application to any person or circumstance is held invalid, neither
    the remainder of this subsection nor the application of the
    provision to other persons or circumstances shall be affected.
      "(10) Transition. - Prior to, or after, any transfer of a
    function under this subsection, the Chief Executive Officer is
    authorized to utilize - 
        "(A) the services of such officers, employees, and other
      personnel of the ACTION Agency with respect to functions that
      will be or have been transferred to the Corporation by this
      subsection; and
        "(B) funds appropriated to such functions for such period of
      time as may reasonably be needed to facilitate the orderly
      implementation of this subsection."


-MISC2-
       CONTINUING PERFORMANCE OF CERTAIN FUNCTIONS BY COMMISSION ON
                      NATIONAL AND COMMUNITY SERVICE
      Section 202(d) of Pub. L. 103-82 provided that: "The individuals
    who, on the day before the date of enactment of this Act [Sept. 21,
    1993], are performing any of the functions required by section 190
    of the National and Community Service Act of 1990 (42 U.S.C.
    12651), as in effect on such date, to be performed by the members
    of the Board of Directors of the Commission on National and
    Community Service may, subject to section 193A of the National and
    Community Service Act of 1990 [42 U.S.C. 12651d], as added by
    subsection (a) of this section, continue to perform such functions
    until the date on which the Board of Directors of the Corporation
    for National and Community Service conducts the first meeting of
    the Board. The service of such individuals as members of the Board
    of Directors of such Commission, and the employment of such
    individuals as special Government employees, shall terminate on
    such date."

     BUSINESS PLAN FOR CORPORATION FOR NATIONAL AND COMMUNITY SERVICE 
      Section 204 of Pub. L. 103-82 provided that:
      "(a) Business Plan Required. - 
        "(1) In general. - The Corporation for National and Community
      Service (referred to in this section as the 'Corporation') shall
      prepare and submit to Congress a business plan. The Corporation
      may not provide assistance under section 121 of the National and
      Community Service Act of 1990 [42 U.S.C. 12571] before the
      twentieth day of continuous session of Congress after the date on
      which the Corporation submits the business plan to Congress.
        "(2) Computation. - For purposes of the computation of the 20-
      day period referred to in paragraph (1), continuity of a session
      of the Congress shall be considered to be broken only by - 
          "(A) an adjournment of the Congress sine die; and
          "(B) the days on which either House is not in session because
        of an adjournment of more than 3 days to a date certain.
      "(b) Required Elements of Business Plan. - 
        "(1) Allocation of funds. - The business plan shall contain - 
          "(A) a description of the manner in which the Corporation
        will allocate funds for programs carried out by the Corporation
        after October 1, 1993;
          "(B) information on the principal offices and officers of the
        Corporation that will allocate such funds; and
          "(C) information that indicates how accountability for such
        funds can be determined, in terms of the office or officer
        responsible for such funds.
        "(2) Investigative and audit functions. - The business plan
      shall include a description of the plans of the Corporation - 
          "(A) to ensure continuity, during the transition period, and
        after the transition period, in the investigative and audit
        functions carried out by the Inspector General of ACTION prior
        to such period, consistent with the Inspector General Act of
        1978 (5 U.S.C. App.); and
          "(B) to carry out investigative and audit functions and
        implement financial management controls regarding programs
        carried out by the Corporation after October 1, 1993,
        consistent with the Inspector General Act of 1978, including a
        specific description of - 
            "(i) the manner in which the Office of Inspector General
          shall be established in the Corporation, in accordance with
          section 194(b) of the National Community Service Act of 1990
          [42 U.S.C. 12651e(b)], as added by section 202 of this Act;
          and
            "(ii) the manner in which grants made by the Corporation
          shall be audited by such Office and the financial management
          controls that shall apply with regard to such grants and
          programs.
        "(3) Accountability measures. - The business plan shall include
      a detailed description of the accountability measures to be
      established by the Corporation to ensure effective control of all
      funds for programs carried out by the Corporation after October
      1, 1993.
        "(4) Information resources. - The business plan shall include a
      description of an information resource management program that
      will support the program and financial management needs of the
      Corporation.
        "(5) Corporation staffing and integration of action. - 
          "(A) Transfers. - The business plan shall include a report on
        the progress and plans of the President for transferring the
        functions, programs, and related personnel of ACTION to the
        Corporation, and shall include a timetable for the transfer.
          "(B) Details and assignments. - The report shall specify the
        number of ACTION employees detailed or assigned to the
        Corporation, and describe the hiring activity of the
        Corporation, during the transition period.
          "(C) Structure. - The business plan shall include a
        description of the organizational structure of the Corporation
        during the transition period.
          "(D) Staffing. - The business plan shall include a
        description of - 
            "(i) measures to ensure adequate staffing during the
          transition period with respect to programs carried out by the
          Corporation after October 1, 1993; and
            "(ii) the responsibilities and authorities of the Managing
          Directors and other key personnel of the Corporation.
          "(E) Senior executive service. - The business plan shall
        include - 
            "(i) an explanation of the number of the employees of the
          Corporation who will be paid at or above the rate of pay for
          level 1 of the Senior Executive Service Schedule under
          section 5382 of title 5, United States Code; and
            "(ii) information justifying such pay for such employees.
        "(6) Duplication of functions. - The business plan shall
      include a description of the measures that the Corporation is
      taking or will take to minimize duplication of functions in the
      Corporation caused by the transfer of the functions of the
      Commission on National and Community Service, and the transfer of
      the functions of ACTION, to the Corporation. This description
      shall address functions at both the national and State levels.
      "(c) Definition. - The term 'transition period' means the period
    beginning on October 1, 1993 and ending on the day before the
    effective date of section 203(c)(2) [see Effective Date of 1993
    Amendment note above]."


-EXEC-
         PROC. NO. 6662. TRANSFER OF FUNCTIONS OF ACTION AGENCY TO
              CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
      Proc. No. 6662, Apr. 4, 1994, 59 F.R. 16507, provided:
      On September 21, 1993, I had the honor of signing into law the
    National and Community Service Trust Act of 1993 [Pub. L. 103-82,
    see Tables for classification], which created the Corporation for
    National and Community Service. The Corporation was designed to
    involve Americans of all ages and backgrounds in community projects
    to address many of our Nation's most important needs - from
    educating our children to ensuring public safety to protecting our
    environment. It was chartered to foster civic responsibility,
    strengthening the ties that bind us together as a people, while
    providing educational opportunity for those who make the commitment
    to serve.
      In the few short months since the Corporation's establishment,
    enormous progress has been made toward the achievement of these
    invaluable goals. Final regulations have been published governing
    the Corporation's new grant programs, grant application packages
    have been developed, and a national recruitment effort has begun.
    As a result of intensive outreach efforts, most states have already
    established State Commissions on National and Community Service,
    and many local programs, national nonprofit organizations,
    institutions of higher education, and Federal agencies are eager to
    participate. Grant competitions have begun for a summer program
    that will focus on our Nation's public safety concerns, and all
    community service grant competitions will be completed by this
    summer. Finally, the Corporation has established the National
    Civilian Community Corps, which will take advantage of closed and
    down-sized military bases to launch environmental clean-up and
    preservation efforts.
      The ACTION Agency, provided for by the Domestic Volunteer Service
    Act of 1973 [42 U.S.C. 4950 et seq.], has worked closely with the
    Corporation, sharing its many years of experience in engaging
    Americans in service to their communities. Because the
    Corporation's initiatives and those programs operated by the ACTION
    Agency involve similar goals, the National and Community Service
    Trust Act calls for the merger of ACTION with the Corporation no
    later than March 22, 1995. To build upon the tremendous
    accomplishments already achieved by the Corporation, and to
    facilitate the further development of community service programs
    across the country, I am pleased to order that the functions of the
    Director of the ACTION Agency be transferred to the Corporation for
    National and Community Service.
      NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United
    States of America, acting under the authority vested in me by the
    Constitution and the laws of the United States of America,
    including but not limited to sections 203(c)(2) and (d)(1)(B) of
    the National and Community Service Trust Act of 1993 [set out
    above], proclaim that all functions of the Director of the ACTION
    Agency are hereby transferred to the Corporation for National and
    Community Service, effective April 4, 1994.
      IN WITNESS WHEREOF, I have hereunto set my hand this fourth day
    of April, in the year of our Lord nineteen hundred and ninety-four,
    and of the Independence of the United States of America the two
    hundred and eighteenth.
                                                     William J. Clinton.

       EX. ORD. NO. 12819. ESTABLISHING PRESIDENTIAL YOUTH AWARD FOR
                             COMMUNITY SERVICE
      Ex. Ord. No. 12819, Oct. 28, 1992, 57 F.R. 49369, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including section
    12651 of title 42 of the United States Code [see 42 U.S.C. 12653b],
    it is hereby ordered as follows:
      Section 1. A youth award for community service is hereby
    established. The award shall recognize outstanding voluntary
    community service contributions made by individuals between the
    ages of 5 and 22.
      Sec. 2. The Director of the White House Office of National
    Service shall establish the criteria for the award. The criteria
    shall be based upon participation in voluntary community service
    activity. The award may be bestowed upon any eligible individual
    who meets the established criteria.
      Sec. 3. The selection process for the award shall be administered
    by the Commission on National and Community Service and the White
    House Office of National Service. Such other individuals and
    entities as the Director of the White House Office of National
    Service deems appropriate may participate in the selection process.
      Sec. 4. The award shall be presented by the President, his
    designee or designees, or individuals designated by the Director of
    the White House Office of National Service.
      Sec. 5. The name and design of the award shall be approved by the
    President upon the recommendation of the Director of the White
    House Office of National Service.
                                                            George Bush.

       EX. ORD. NO. 13285. PRESIDENT'S COUNCIL ON SERVICE AND CIVIC
                               PARTICIPATION
      Ex. Ord. No. 13285, Jan. 29, 2003, 68 F.R. 5203, as amended by
    Ex. Ord. No. 13371, Jan. 27, 2005, 70 F.R. 5041, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and in order to
    encourage the recognition of volunteer service and civic
    participation by all Americans, and especially America's youth, it
    is hereby ordered as follows:
      Section 1. The President's Council on Service and Civic
    Participation. (a) There is hereby established within the
    Corporation for National and Community Services [Service] (CNCS)
    the President's Council on Service and Civic Participation
    (Council).
      (b) The Council shall be composed of up to 25 members, including
    representatives of America's youth, appointed by the President.
    Each member shall serve for a term of 2 years and may continue to
    serve after the expiration of their term until a successor is
    appointed. The President shall designate one member to serve as
    Chair and one member to serve as Vice Chair. Subject to the
    direction of the Chief Executive Officer of the CNCS, the Chair,
    and in the Chair's absence the Vice Chair, shall convene and
    preside at the meetings of the Council, determine its agenda, and
    direct its work.
      Sec. 2. Mission and Functions of the Council.
      (a) The mission 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 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 January 29, 2007.
                                                         George W. Bush.

-End-



-CITE-
    42 USC Sec. 12651a                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division G - Corporation for National and Community Service

-HEAD-
    Sec. 12651a. Board of Directors

-STATUTE-
    (a) Composition
      (1) In general
        There shall be in the Corporation a Board of Directors
      (referred to in this division as the "Board") that shall be
      composed of - 
          (A) 15 members, including an individual between the ages of
        16 and 25 who - 
            (i) has served in a school-based or community-based service-
          learning program; or
            (ii) is or was a participant or a supervisor in a program;

        to be appointed by the President, by and with the advice and
        consent of the Senate; and
          (B) the ex officio nonvoting members described in paragraph
        (3).
      (2) Qualifications
        To the maximum extent practicable, the President shall appoint
      members - 
          (A) who have extensive experience in volunteer or service
        activities, which may include programs funded under one of the
        national service laws, and in State government;
          (B) who represent a broad range of viewpoints;
          (C) who are experts in the delivery of human, educational,
        environmental, or public safety services;
          (D) so that the Board shall be diverse according to race,
        ethnicity, age, gender, and disability characteristics; and
          (E) so that no more than 50 percent of the appointed members
        of the Board, plus 1 additional appointed member, are from a
        single political party.
      (3) Ex officio members
        The Secretary of Education, the Secretary of Health and Human
      Services, the Secretary of Labor, the Secretary of the Interior,
      the Secretary of Agriculture, the Secretary of Housing and Urban
      Development, the Secretary of Defense, the Attorney General, the
      Director of the Peace Corps, the Administrator of the
      Environmental Protection Agency, and the Chief Executive Officer
      shall serve as ex officio nonvoting members of the Board.
    (b) Officers
      (1) Chairperson
        The President shall appoint a member of the Board to serve as
      the initial Chairperson of the Board. Each subsequent Chairperson
      shall be elected by the Board from among its members.
      (2) Vice Chairperson
        The Board shall elect a Vice Chairperson from among its
      membership.
      (3) Other officers
        The Board may elect from among its membership such additional
      officers of the Board as the Board determines to be appropriate.
    (c) Terms
      Each appointed member of the Board shall serve for a term of 5
    years, except that, as designated by the President - 
        (1) 3 of the members first appointed to the Board shall serve
      for a term of 1 year;
        (2) 3 of the members first appointed to the Board shall serve
      for a term of 2 years;
        (3) 3 of the members first appointed to the Board shall serve
      for a term of 3 years;
        (4) 3 of the members first appointed to the Board shall serve
      for a term of 4 years; and
        (5) 3 of the members first appointed to the Board shall serve
      for a term of 5 years.
    (d) Vacancies
      If a vacancy occurs on the Board, a new member shall be appointed
    by the President, by and with the advice and consent of the Senate,
    and serve for the remainder of the term for which the predecessor
    of such member was appointed. The vacancy shall not affect the
    power of the remaining members to execute the duties of the Board.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 192, as added Pub. L. 103-82, title
    II, Sec. 202(a), Sept. 21, 1993, 107 Stat. 873.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Sept. 21, 1993, see section 202(i)(2) of Pub.
    L. 103-82, set out as a note under section 12651 of this title.

-End-



-CITE-
    42 USC Sec. 12651b                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division G - Corporation for National and Community Service

-HEAD-
    Sec. 12651b. Authorities and duties of the Board of Directors

-STATUTE-
    (a) Meetings
      The Board shall meet not less often than 3 times each year. The
    Board shall hold additional meetings at the call of the Chairperson
    of the Board, or if 6 members of the Board request such meetings in
    writing.
    (b) Quorum
      A majority of the appointed members of the Board shall constitute
    a quorum.
    (c) Authorities of officers
      (1) Chairperson
        The Chairperson of the Board may call and conduct meetings of
      the Board.
      (2) Vice Chairperson
        The Vice Chairperson of the Board may conduct meetings of the
      Board in the absence of the Chairperson.
    (d) Expenses
      While away from their homes or regular places of business on the
    business of the Board, members of such Board shall be allowed
    travel expenses, including per diem in lieu of subsistence, at
    rates authorized for employees of agencies under subchapter I of
    chapter 57 of title 5 for persons employed intermittently in the
    Government service.
    (e) Special Government employees
      For purposes of the provisions of chapter 11 of part I of title
    18, and any other provision of Federal law, a member of the Board
    (to whom such provisions would not otherwise apply except for this
    subsection) shall be a special Government employee.
    (f) Status of members
      (1) Tort claims
        For the purposes of the tort claims provisions of chapter 171
      of title 28, a member of the Board shall be considered to be a
      Federal employee.
      (2) Other claims
        A member of the Board shall have no personal liability under
      Federal law with respect to any claim arising out of or resulting
      from any act or omission by such person, within the scope of the
      service of the member on the Board, in connection with any
      transaction involving the provision of financial assistance by
      the Corporation. This paragraph shall not be construed to limit
      personal liability for criminal acts or omissions, willful or
      malicious misconduct, acts or omissions for private gain, or any
      other act or omission outside the scope of the service of such
      member on the Board.
      (3) Effect on other law
        This subsection shall not be construed - 
          (A) to affect any other immunities and protections that may
        be available to such member under applicable law with respect
        to such transactions;
          (B) to affect any other right or remedy against the
        Corporation, against the United States under applicable law, or
        against any person other than a member of the Board
        participating in such transactions; or
          (C) to limit or alter in any way the immunities that are
        available under applicable law for Federal officials and
        employees not described in this subsection.
    (g) Duties
      The Board shall - 
        (1) review and approve the strategic plan described in section
      12651d(b)(1) of this title, and annual updates of the plan;
        (2) review and approve the proposal described in section
      12651d(b)(2)(A) of this title, with respect to the grants,
      allotments, contracts, financial assistance, payment, and
      positions referred to in such section;
        (3) review and approve the proposal described in section
      12651d(b)(3)(A) of this title, regarding the regulations,
      standards, policies, procedures, programs, and initiatives
      referred to in such section;
        (4) review and approve the evaluation plan described in section
      12651d(b)(4)(A) of this title;
        (5)(A) review, and advise the Chief Executive Officer
      regarding, the actions of the Chief Executive Officer with
      respect to the personnel of the Corporation, and with respect to
      such standards, policies, procedures, programs, and initiatives
      as are necessary or appropriate to carry out the national service
      laws; and
        (B) inform the Chief Executive Officer of any aspects of the
      actions of the Chief Executive Officer that are not in compliance
      with the annual strategic plan referred to in paragraph (1), the
      proposals referred to in paragraphs (2) and (3), or the plan
      referred to in paragraph (4), or are not consistent with the
      objectives of the national service laws;
        (6) receive any report as provided under subsection (b), (c),
      or (d) of section 8E (!1) of the Inspector General Act of 1978;

        (7) make recommendations relating to a program of research for
      the Corporation with respect to national and community service
      programs, including service-learning programs;
        (8) advise the President and the Congress concerning
      developments in national and community service that merit the
      attention of the President and the Congress;
        (9) ensure effective dissemination of information regarding the
      programs and initiatives of the Corporation;
        (10) notwithstanding any other provision of law, make grants to
      or contracts with Federal or other public departments or agencies
      and private nonprofit organizations for the assignment or
      referral of volunteers under the provisions of the Domestic
      Volunteer Service Act of 1973 [42 U.S.C. 4950 et seq.] (except as
      provided in section 108 of the Domestic Volunteer Service Act of
      1973 [42 U.S.C. 4958]), which may provide that the agency or
      organization shall pay all or a part of the costs of the program;
      and
        (11) prepare and make recommendations to the Congress and the
      President for changes in the national service laws resulting from
      the studies and demonstrations the Chief Executive Officer is
      required to carry out under section 12651d(b)(10) of this title,
      which recommendations shall be submitted to the Congress and
      President not later than September 30, 1995.
    (h) Administration
      The Federal Advisory Committee Act (5 U.S.C. App.) shall not
    apply with respect to the Board.
    (i) Limitation on participation
      All employees and officers of the Corporation shall recuse
    themselves from decisions that would constitute conflicts of
    interest.
    (j) Coordination with other Federal activities
      As part of the agenda of meetings of the Board under subsection
    (a) of this section, the Board shall review projects and programs
    conducted or funded by the Corporation under the national service
    laws to improve the coordination between such projects and
    programs, and the activities of other Federal agencies that deal
    with the individuals and communities participating in or benefiting
    from such projects and programs. The ex officio members of the
    Board specified in section 12651a(a)(3) of this title shall jointly
    plan, implement, and fund activities in connection with projects
    and programs conducted under the national service laws to ensure
    that Federal efforts attempt to address the total needs of
    participants in such programs and projects, their communities, and
    the persons and communities the participants serve.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 192A, as added and amended Pub. L.
    103-82, title II, Secs. 202(a), 203(a)(1)(B), (2), Sept. 21, 1993,
    107 Stat. 875, 891.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 8E of the Inspector General Act of 1978, referred to in
    subsec. (g)(6), is section 8E of Pub. L. 95-452, as added by Pub.
    L. 103-82, title II, Sec. 202(g)(1), Sept. 21, 1993, 107 Stat. 889,
    which was renumbered section 8F of the Act by Pub. L. 103-204, Sec.
    23(a)(3), Dec. 17, 1993, 107 Stat. 2408, and is set out in the
    Appendix to Title 5, Government Organization and Employees.
      The Domestic Volunteer Service Act of 1973, referred to in
    subsec. (g)(10), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394, as
    amended, which is classified principally to chapter 66 (Sec. 4950
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 4950 of this
    title and Tables.
      The Federal Advisory Committee Act, referred to in subsec. (h),
    is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
    set out in the Appendix to Title 5.


-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (g)(5)(A), (B). Pub. L. 103-82, Sec. 203(a)(1)(B),
    which directed amendment of section 192A(g)(5) of subtitle I of the
    National and Community Service Act of 1990 by substituting "the
    national service laws" for "this chapter", was executed to subsec.
    (g)(5) of this section, which is section 192A of subtitle G of
    title I of the National Community Service Act of 1990, to reflect
    the probable intent of Congress.
      Subsec. (g)(9). Pub. L. 103-82, Sec. 203(a)(2)(A), struck out
    "and" at end.
      Subsec. (g)(10). Pub. L. 103-82, Sec. 203(a)(2)(C), added par.
    (10). Former par. (10) redesignated (11).
      Pub. L. 103-82, Sec. 203(a)(1)(B), which directed amendment of
    section 192A(g)(10) of subtitle I of the National and Community
    Service Act of 1990 by substituting "the national service laws" for
    "this chapter", was executed to subsec. (g)(10) of this section,
    which is section 192A of subtitle G of title I of the National
    Community Service Act of 1990, to reflect the probable intent of
    Congress.
      Subsec. (g)(11). Pub. L. 103-82, Sec. 203(a)(2)(B), redesignated
    par. (10) as (11).

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by section 203(a)(1)(B), (2) of Pub. L. 103-82
    effective Apr. 4, 1994, see section 203(d) of Pub. L. 103-82, set
    out as a note under section 12651 of this title.

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1993, see section 202(i) of Pub. L. 103-
    82, set out as a note under section 12651 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 12651c                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division G - Corporation for National and Community Service

-HEAD-
    Sec. 12651c. Chief Executive Officer

-STATUTE-
    (a) Appointment
      The Corporation shall be headed by an individual who shall serve
    as Chief Executive Officer of the Corporation, and who shall be
    appointed by the President, by and with the advice and consent of
    the Senate.
    (b) Compensation
      The Chief Executive Officer shall be compensated at the rate
    provided for level III of the Executive Schedule under section 5314
    of title 5.
    (c) Regulations
      The Chief Executive Officer shall prescribe such rules and
    regulations as are necessary or appropriate to carry out the
    national service laws.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 193, as added and amended Pub. L.
    103-82, title II, Secs. 202(a), 203(a)(1)(B), Sept. 21, 1993, 107
    Stat. 877, 891.)


-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (c). Pub. L. 103-82, Sec. 203(a)(1)(B), which
    directed amendment of section 193(c) of subtitle I of the National
    and Community Service Act of 1990 by substituting "the national
    service laws" for "this chapter", was executed to subsec. (c) of
    this section, which is section 193 of subtitle G of title I of the
    National Community Service Act of 1990, to reflect the probable
    intent of Congress.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by section 203(a)(1)(B) of Pub. L. 103-82 effective
    Apr. 4, 1994, see section 203(d) of Pub. L. 103-82, set out as a
    note under section 12651 of this title.

                              EFFECTIVE DATE                          
      Section effective Sept. 21, 1993, see section 202(i)(2) of Pub.
    L. 103-82, set out as a note under section 12651 of this title.

-End-



-CITE-
    42 USC Sec. 12651d                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division G - Corporation for National and Community Service

-HEAD-
    Sec. 12651d. Authorities and duties of the Chief Executive Officer

-STATUTE-
    (a) General powers and duties
      The Chief Executive Officer shall be responsible for the exercise
    of the powers and the discharge of the duties of the Corporation
    that are not reserved to the Board, and shall have authority and
    control over all personnel of the Corporation, except as provided
    in section 8E (!1) of the Inspector General Act of 1978.

    (b) Duties
      In addition to the duties conferred on the Chief Executive
    Officer under any other provision of the national service laws, the
    Chief Executive Officer shall - 
        (1) prepare and submit to the Board a strategic plan every 3
      years, and annual updates of the plan, for the Corporation with
      respect to the major functions and operations of the Corporation;
        (2)(A) prepare and submit to the Board a proposal with respect
      to such grants and allotments, contracts, other financial
      assistance, and designation of positions as approved national
      service positions, as are necessary or appropriate to carry out
      the national service laws; and
        (B) after receiving and reviewing an approved proposal under
      section 12651b(g)(2) of this title, make such grants and
      allotments, enter into such contracts, award such other financial
      assistance, make such payments (in lump sum or installments, and
      in advance or by way of reimbursement, and in the case of
      financial assistance otherwise authorized under the national
      service laws, with necessary adjustments on account of
      overpayments and underpayments), and designate such positions as
      approved national service positions as are necessary or
      appropriate to carry out the national service laws;
        (3)(A) prepare and submit to the Board a proposal regarding,
      the regulations established under section 12651f(b)(3)(A) of this
      title, and such other standards, policies, procedures, programs,
      and initiatives as are necessary or appropriate to carry out the
      national service laws; and
        (B) after receiving and reviewing an approved proposal under
      section 12651b(g)(3) of this title - 
          (i) establish such standards, policies, and procedures as are
        necessary or appropriate to carry out the national service
        laws; and
          (ii) establish and administer such programs and initiatives
        as are necessary or appropriate to carry out the national
        service laws;

        (4)(A) prepare and submit to the Board a plan for the
      evaluation of programs established under the national service
      laws, in accordance with section 12639 of this title; and
        (B) after receiving an approved proposal under section
      12651b(g)(4) of this title - 
          (i) establish measurable performance goals and objectives for
        such programs, in accordance with section 12639 of this title;
        and
          (ii) provide for periodic evaluation of such programs to
        assess the manner and extent to which the programs achieve the
        goals and objectives, in accordance with such section;

        (5) consult with appropriate Federal agencies in administering
      the programs and initiatives;
        (6) suspend or terminate payments and positions described in
      paragraph (2)(B), in accordance with section 12636 of this title;
        (7) prepare and submit to the Board an annual report, and such
      interim reports as may be necessary, describing the major actions
      of the Chief Executive Officer with respect to the personnel of
      the Corporation, and with respect to such standards, policies,
      procedures, programs, and initiatives;
        (8) inform the Board of, and provide an explanation to the
      Board regarding, any substantial differences regarding the
      implementation of the national service laws between - 
          (A) the actions of the Chief Executive Officer; and
          (B)(i) the strategic plan approved by the Board under section
        12651b(g)(1) of this title;
          (ii) the proposals approved by the Board under paragraph (2)
        or (3) of section 12651b(g) of this title; or
          (iii) the evaluation plan approved by the Board under section
        12651b(g)(4) of this title;

        (9) prepare and submit to the appropriate committees of
      Congress an annual report, and such interim reports as may be
      necessary, describing - 
          (A) the services referred to in paragraph (1), and the money
        and property referred to in paragraph (2), of section 12651g(a)
        of this title that have been accepted by the Corporation;
          (B) the manner in which the Corporation used or disposed of
        such services, money, and property; and
          (C) information on the results achieved by the programs
        funded under the national service laws during the year
        preceding the year in which the report is prepared;

        (10) provide for studies (including the evaluations described
      in subsection (f) of this section) and demonstrations that
      evaluate, and prepare and submit to the Board by June 30, 1995, a
      report containing recommendations regarding, issues related to - 
          (A) the administration and organization of programs
        authorized under the national service laws or under Public Law
        91-378 [16 U.S.C. 1701 et seq.] (referred to in this
        subparagraph as "service programs"), including - 
            (i) whether the State and national priorities designed to
          meet the unmet human, education, environmental, or public
          safety needs described in section 12572(c)(1) of this title
          are being addressed by this chapter;
            (ii) the manner in which - 
              (I) educational and other outcomes of both stipended and
            nonstipended service and service-learning are defined and
            measured in such service programs; and
              (II) such outcomes should be defined and measured in such
            service programs;

            (iii) whether stipended service programs, and service
          programs providing educational benefits in return for
          service, should focus on economically disadvantaged
          individuals or at-risk youth or whether such programs should
          include a mix of individuals, including individuals from
          middle- and upper-income families;
            (iv) the role and importance of stipends and educational
          benefits in achieving desired outcomes in the service
          programs;
            (v) the potential for cost savings and coordination of
          support and oversight services from combining functions
          performed by ACTION State offices and State Commissions;
            (vi) the implications of the results from such studies and
          demonstrations for authorized funding levels for the service
          programs; and
            (vii) other issues that the Director determines to be
          relevant to the administration and organization of the
          service programs; and

          (B) the number, potential consolidation, and future
        organization of national service or domestic volunteer service
        programs that are authorized under Federal law, including
        VISTA, service corps assisted under division C of this
        subchapter and other programs authorized by this chapter,
        programs administered by the Public Health Service, the
        Department of Defense, or other Federal agencies, programs
        regarding teacher corps, and programs regarding work-study and
        higher education loan forgiveness or forbearance programs
        authorized by the Higher Education Act of 1965 (20 U.S.C. 1001
        et seq.) related to community service; and

        (11) for purposes of section 12638(d)(6)(B) of this title,
      issue regulations to waive the disqualification of members of the
      Board and members of the State Commissions selectively in a
      random, nondiscretionary manner and only to the extent necessary
      to establish the quorum involved, including rules that forbid
      each member of the Board and each voting member of a State
      Commission to participate in any discussion or decision regarding
      the provision of assistance or approved national service
      positions, or the continuation, suspension, or termination of
      such assistance or such positions, to any program or entity of
      which such member of the Board or such member of the State
      Commission is, or in the 1-year period before the submission of
      the application referred to in such section was, an officer,
      director, trustee, full-time volunteer, or employee.
    (c) Powers
      In addition to the authority conferred on the Chief Executive
    Officer under any other provision of the national service laws, the
    Chief Executive Officer may - 
        (1) establish, alter, consolidate, or discontinue such
      organizational units or components within the Corporation as the
      Chief Executive Officer considers necessary or appropriate,
      consistent with Federal law, and shall, to the maximum extent
      practicable, consolidate such units or components of the
      divisions of the Corporation described in section 12651e(a)(3) of
      this title as may be appropriate to enable the two divisions to
      coordinate common support functions;
        (2) with the approval of the President, arrange with and
      reimburse the heads of other Federal agencies for the performance
      of any of the provisions of the national service laws;
        (3) with their consent, utilize the services and facilities of
      Federal agencies with or without reimbursement, and, with the
      consent of any State, or political subdivision of a State, accept
      and utilize the services and facilities of the agencies of such
      State or subdivisions without reimbursement;
        (4) allocate and expend funds made available under the national
      service laws;
        (5) disseminate, without regard to the provisions of section
      3204 of title 39, data and information, in such form as the Chief
      Executive Officer shall determine to be appropriate to public
      agencies, private organizations, and the general public;
        (6) collect or compromise all obligations to or held by the
      Chief Executive Officer and all legal or equitable rights
      accruing to the Chief Executive Officer in connection with the
      payment of obligations in accordance with chapter 37 of title 31
      (commonly known as the "Federal Claims Collection Act of 1966");
        (7) file a civil action in any court of record of a State
      having general jurisdiction or in any district court of the
      United States, with respect to a claim arising under this
      chapter;
        (8) exercise the authorities of the Corporation under section
      12651g of this title;
        (9) consolidate the reports to Congress required under the
      national service laws, and the report required under section 9106
      of title 31, into a single report, and submit the report to
      Congress on an annual basis; and
        (10) generally perform such functions and take such steps
      consistent with the objectives and provisions of the national
      service laws, as the Chief Executive Officer determines to be
      necessary or appropriate to carry out such provisions.
    (d) Delegation
      (1) "Function" defined
        As used in this subsection, the term "function" means any duty,
      obligation, power, authority, responsibility, right, privilege,
      activity, or program.
      (2) In general
        Except as otherwise prohibited by law or provided in the
      national service laws, the Chief Executive Officer may delegate
      any function under the national service laws, and authorize such
      successive redelegations of such function as may be necessary or
      appropriate. No delegation of a function by the Chief Executive
      Officer under this subsection or under any other provision of the
      national service laws shall relieve such Chief Executive Officer
      of responsibility for the administration of such function.
      (3) Function of Board
        The Chief Executive Officer may not delegate a function of the
      Board without the permission of the Board.
    (e) Actions
      In an action described in subsection (c)(7) of this section - 
        (1) a district court referred to in such subsection shall have
      jurisdiction of such a civil action without regard to the amount
      in controversy;
        (2) such an action brought by the Chief Executive Officer shall
      survive notwithstanding any change in the person occupying the
      office of Chief Executive Officer or any vacancy in that office;
        (3) no attachment, injunction, garnishment, or other similar
      process, mesne or final, shall be issued against the Chief
      Executive Officer or the Board or property under the control of
      the Chief Executive Officer or the Board; and
        (4) nothing in this section shall be construed to except
      litigation arising out of activities under this chapter from the
      application of sections 509, 517, 547, and 2679 of title 28.
    (f) Evaluations
      (1) Evaluation of living allowance
        The Corporation shall arrange for an independent evaluation to
      determine the levels of living allowances paid in all programs
      under divisions C and I of this subchapter, individually, by
      State, and by region. Such evaluation shall determine the effects
      that such living allowances have had on the ability of
      individuals to participate in such programs.
      (2) Evaluation of success of investment in national service
        (A) Evaluation required
          The Corporation shall arrange for the independent evaluation
        of the operation of division C of this subchapter to determine
        the levels of participation of economically disadvantaged
        individuals in national service programs carried out or
        supported using assistance provided under section 12571 of this
        title.
        (B) Period covered by evaluation
          The evaluation required by this paragraph shall cover the
        period beginning on the date the Corporation first makes a
        grant under section 12571 of this title, and ending on a date
        that is as close as is practicable to the date specified in
        subsection (b)(10) of this section.
        (C) Income levels of participants
          The evaluating entity shall determine the total income of
        each participant who serves, during the period covered by the
        evaluation, in a national service program carried out or
        supported using assistance provided under section 12571 of this
        title or in an approved national service position. The total
        income of the participant shall be determined as of the date
        the participant was first selected to participate in such a
        program and shall include family total income unless the
        evaluating entity determines that the participant was
        independent at the time of selection.
        (D) Assistance for distressed areas
          The evaluating entity shall also determine the amount of
        assistance provided under section 12571 of this title during
        the period covered by the report that has been expended for
        projects conducted in areas of economic distress described in
        section 12585(c)(6) of this title.
        (E) Definitions
          As used in this paragraph:
          (i) Independent
            The term "independent" has the meaning given the term in
          section 480(d) of the Higher Education Act of 1965 (20 U.S.C.
          1087vv(d)).
          (ii) Total income
            The term "total income" has the meaning given the term in
          section 480(a) of the Higher Education Act of 1965 (20 U.S.C.
          1087vv(a)).
    (g) Recruitment and public awareness functions
      (1) Effort
        The Chief Executive Officer shall ensure that the Corporation,
      in carrying out the recruiting and public awareness functions of
      the Corporation, shall expend at least the level of effort on
      recruitment and public awareness activities related to the
      programs carried out under the Domestic Volunteer Service Act of
      1973 (42 U.S.C. 4950 et seq.) as ACTION expended on recruitment
      and public awareness activities related to programs under the
      Domestic Volunteer Service Act of 1973 during fiscal year 1993.
      (2) Personnel
        The Chief Executive Officer shall assign or hire, as necessary,
      such additional national, regional, and State personnel to carry
      out such recruiting and public awareness functions as may be
      necessary to ensure that such functions are carried out in a
      timely and effective manner. The Chief Executive Officer shall
      give priority in the hiring of such additional personnel to
      individuals who have formerly served as volunteers in the
      programs carried out under the Domestic Volunteer Service Act of
      1973 [42 U.S.C. 4950 et seq.] or similar programs, and to
      individuals who have specialized experience in the recruitment of
      volunteers.
      (3) Funds
        For the first fiscal year after the effective date of this
      subsection, and for each fiscal year thereafter, for the purpose
      of carrying out such recruiting and public awareness functions,
      the Chief Executive Officer shall obligate not less than 1.5
      percent of the amounts appropriated for the fiscal year under
      section 501(a) of the Domestic Volunteer Service Act of 1973 [42
      U.S.C. 5081(a)].

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 193A, as added and amended Pub. L.
    103-82, title II, Secs. 202(a), 203(a)(1)(B), (3), Sept. 21, 1993,
    107 Stat. 877, 891; Pub. L. 103-304, Sec. 3(b)(2), Aug. 23, 1994,
    108 Stat. 1567.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 8E of the Inspector General Act of 1978, referred to in
    subsec. (a), is section 8E of Pub. L. 95-452, as added by Pub. L.
    103-82, title II, Sec. 202(g)(1), Sept. 21, 1993, 107 Stat. 889,
    which was renumbered section 8F of the Act by Pub. L. 103-204, Sec.
    23(a)(3), Dec. 17, 1993, 107 Stat. 2408, and is set out in the
    Appendix to Title 5, Government Organization and Employees.
      Public Law 91-378, referred to in subsec. (b)(10)(A), is Pub. L.
    91-378, Aug. 13, 1970, 84 Stat. 794, as amended, popularly known as
    the Youth Conservation Corps Act of 1970, which is classified
    generally to chapter 37 (Sec. 1701 et seq.) of Title 16,
    Conservation. For complete classification of this Act to the Code,
    see Short Title note set out under section 1701 of Title 16 and
    Tables.
      This chapter, referred to in subsecs. (b)(10)(A)(i), (B), (c)(7),
    and (e)(4), was in the original "this Act", meaning Pub. L. 101-
    610, Nov. 16, 1990, 104 Stat. 3127, as amended, which is
    classified principally to this chapter. For complete classification
    of this Act to the Code, see Short Title note set out under section
    12501 of this title and Tables.
      The Higher Education Act of 1965, referred to in subsec.
    (b)(10)(B), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as
    amended, which is classified principally to chapter 28 (Sec. 1001
    et seq.) of Title 20, Education. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1001 of Title 20 and Tables.
      The Domestic Volunteer Service Act of 1973, referred to in
    subsec. (g), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394, as
    amended, which is classified principally to chapter 66 (Sec. 4950
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 4950 of this
    title and Tables.
      For the effective date of this subsection, referred to in subsec.
    (g)(3), see Effective Date of 1993 Amendment note below.


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (g). Pub. L. 103-304 made technical amendment to
    directory language of Pub. L. 103-82, Sec. 203(a)(3). See 1993
    Amendment note below.
      1993 - Subsecs. (b) to (d). Pub. L. 103-82, Sec. 203(a)(1)(B),
    which directed amendment of section 193A of subtitle I of the
    National and Community Service Act of 1990 by substituting "the
    national service laws" for "this chapter" was executed wherever
    appearing in the following provisions of this section, which is
    section 193A of subtitle G of title I of the National Community
    Service Act of 1990, to reflect the probable intent of Congress:
    introductory provisions and pars. (2) to (4)(A), (8), and (9)(C) of
    subsec. (b), introductory provisions and pars. (2), (4), (9), and
    (10) of subsec. (c), and subsec. (d)(2).
      Subsec. (g). Pub. L. 103-82, Sec. 203(a)(3), as amended by Pub.
    L. 103-304, added subsec. (g).

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-304 effective as of Oct. 1, 1993, see
    section 3(b)(10)(B) of Pub. L. 103-304, set out as a note under
    section 4953 of this title.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by section 203(a)(1)(B), (3) of Pub. L. 103-82
    effective Apr. 4, 1994, see section 203(d) of Pub. L. 103-82, set
    out as a note under section 12651 of this title.

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1993, see section 202(i) of Pub. L. 103-
    82, set out as a note under section 12651 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 12651e                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division G - Corporation for National and Community Service

-HEAD-
    Sec. 12651e. Officers

-STATUTE-
    (a) Managing Directors
      (1) In general
        There shall be in the Corporation 2 Managing Directors, who
      shall be appointed by the President, by and with the advice and
      consent of the Senate, and who shall report to the Chief
      Executive Officer.
      (2) Compensation
        The Managing Directors shall be compensated at the rate
      provided for level IV of the Executive Schedule under section
      5315 of title 5.
      (3) Duties
        The Corporation shall determine the programs for which the
      Managing Directors shall have primary responsibility and shall
      establish the divisions of the Corporation to be headed by the
      Managing Directors.
    (b) Inspector General
      (1) Office
        There shall be in the Corporation an Office of the Inspector
      General.
      (2) Appointment
        The Office shall be headed by an Inspector General, appointed
      in accordance with the Inspector General Act of 1978 [5 U.S.C.
      App.].
      (3) Compensation
        The Inspector General shall be compensated at the rate provided
      for level IV of the Executive Schedule under section 5315 of
      title 5.
    (c) Chief Financial Officer
      (1) Office
        There shall be in the Corporation a Chief Financial Officer,
      who shall be appointed by the President, by and with the advice
      and consent of the Senate.
      (2) Compensation
        The Chief Financial Officer shall be compensated at the rate
      provided for level IV of the Executive Schedule under section
      5315 of title 5.
      (3) Duties
        The Chief Financial Officer shall - 
          (A) report directly to the Chief Executive Officer regarding
        financial management matters;
          (B) oversee all financial management activities relating to
        the programs and operations of the Corporation;
          (C) develop and maintain an integrated accounting and
        financial management system for the Corporation, including
        financial reporting and internal controls;
          (D) develop and maintain any joint financial management
        systems with the Department of Education necessary to carry out
        the programs of the Corporation; and
          (E) direct, manage, and provide policy guidance and oversight
        of the financial management personnel, activities, and
        operations of the Corporation.
    (d) Assistant Directors for VISTA and National Senior Volunteer
      Corps
      (1) Appointment
        One of the Managing Directors appointed under subsection (a) of
      this section shall, in accordance with applicable provisions of
      title 5, appoint 4 Assistant Directors who shall report directly
      to such Managing Director, of which - 
          (A) 1 Assistant Director shall be responsible for programs
        carried out under parts A and B of title I of the Domestic
        Volunteer Service Act of 1973 [42 U.S.C. 4951 et seq., 4971 et
        seq.] (the Volunteers in Service to America (VISTA) program)
        and other antipoverty programs under title I of that Act [42
        U.S.C. 4951 et seq.];
          (B) 1 Assistant Director shall be responsible for programs
        carried out under part A of title II of that Act [42 U.S.C.
        5001 et seq.] (relating to the Retired Senior Volunteer
        Program);
          (C) 1 Assistant Director shall be responsible for programs
        carried out under part B of title II of that Act [42 U.S.C.
        5011 et seq.] (relating to the Foster Grandparent Program); and
          (D) 1 Assistant Director shall be responsible for programs
        carried out under part C of title II of that Act [42 U.S.C.
        5013] (relating to the Senior Companion Program).
      (2) Effective date for exercise of authority
        Each Assistant Director appointed pursuant to paragraph (1) may
      exercise the authority assigned to each such Director only after
      the effective date of section 203(c)(2) of the National and
      Community Service Trust Act of 1993.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 194, as added Pub. L. 103-82, title
    II, Sec. 202(a), Sept. 21, 1993, 107 Stat. 882.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Inspector General Act of 1978, referred to in subsec. (b)(2),
    is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which
    is set out in the Appendix to Title 5, Government Organization and
    Employees.
      The Domestic Volunteer Service Act of 1973, referred to in
    subsec. (d)(1), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394, as
    amended. Title I of the Act is classified generally to subchapter I
    (Sec. 4951 et seq.) of chapter 66 of this title. Parts A and B of
    title I of the Act are classified generally to parts A (Sec. 4951
    et seq.) and B (Sec. 4971 et seq.), respectively, of subchapter I
    of chapter 66 of this title. Parts A, B, and C of title II of the
    Act are classified generally to parts A (Sec. 5001 et seq.), B
    (Sec. 5011 et seq.), and C (Sec. 5013 et seq.), respectively, of
    subchapter II of chapter 66 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4950 of this title and Tables.
      Section 203(c)(2) of the National and Community Service Trust Act
    of 1993, referred to in subsec. (d)(2), is section 203(c)(2) of
    Pub. L. 103-82, which is set out as a note under section 12651 of
    this title. For the effective date of section 203(c)(2) of this
    Act, see section 203(d) of Pub. L. 103-82, set out as an Effective
    Date of 1993 Amendment note under section 12651 of this title.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1993, see section 202(i) of Pub. L. 103-
    82, set out as a note under section 12651 of this title.

-End-



-CITE-
    42 USC Sec. 12651f                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division G - Corporation for National and Community Service

-HEAD-
    Sec. 12651f. Employees, consultants, and other personnel

-STATUTE-
    (a) Employees
      Except as provided in subsection (b) of this section, section
    12651e(d) of this title, and section 8E (!1) of the Inspector
    General Act of 1978, the Chief Executive Officer shall, in
    accordance with applicable provisions of title 5, appoint and
    determine the compensation of such employees as the Chief Executive
    Officer determines to be necessary to carry out the duties of the
    Corporation.

    (b) Alternative personnel system
      (1) Authority
        The Chief Executive Officer may designate positions in the
      Corporation as positions to which the Chief Executive Officer may
      make appointments, and for which the Chief Executive Officer may
      determine compensation, without regard to the provisions of title
      5 governing appointments in the competitive service, and without
      regard to the provisions of chapter 51 and subchapter III of
      chapter 53 of such title relating to classification and General
      Schedule pay rates, to the extent the Chief Executive Officer
      determines that such a designation is appropriate and desirable
      to further the effective operation of the Corporation. The Chief
      Executive Officer may provide for appointments to such positions
      to be made on a limited term basis.
      (2) Appointment in the competitive service after employment under
        alternative personnel system
        The Director of the Office of Personnel Management may grant
      competitive status for appointment to the competitive service,
      under such conditions as the Director may prescribe, to an
      employee who is appointed under this subsection and who is
      separated from the Corporation (other than by removal for cause).
      (3) Selection and compensation system
        (A) Establishment of system
          The Chief Executive Officer, after obtaining the approval of
        the Director of the Office of Personnel Management, shall issue
        regulations establishing a selection and compensation system
        for employees of the Corporation appointed under paragraph (1).
        In issuing such regulations, the Chief Executive Officer shall
        take into consideration the need for flexibility in such a
        system.
        (B) Application
          The Chief Executive Officer shall appoint and determine the
        compensation of employees in accordance with the selection and
        compensation system established under subparagraph (A).
        (C) Selection
          The system established under subparagraph (A) shall provide
        for the selection of employees - 
            (i) through a competitive process; and
            (ii) on the basis of the qualifications of applicants and
          the requirements of the positions.
        (D) Compensation
          The system established under subparagraph (A) shall include a
        scheme for the classification of positions in the Corporation.
        The system shall require that the compensation of an employee
        be determined in part on the basis of the job performance of
        the employee, and in a manner consistent with the principles
        described in section 5301 of title 5. The rate of compensation
        for each employee compensated under the system shall not exceed
        the annual rate of basic pay payable for level IV of the
        Executive Schedule under section 5315 of title 5.
    (c) Corporation representative in each State
      (1) Designation of representative
        The Corporation shall designate 1 employee of the Corporation
      for each State or group of States to serve as the representative
      of the Corporation in the State or States and to assist the
      Corporation in carrying out the activities described in the
      national service laws in the State or States.
      (2) Duties
        The representative designated under this subsection for a State
      or group of States shall serve as the liaison between - 
          (A) the Corporation and the State Commission that is
        established in the State or States;
          (B) the Corporation and any subdivision of a State, Indian
        tribe, public or private nonprofit organization, or institution
        of higher education, in the State or States, that is awarded a
        grant under section 12571 of this title directly from the
        Corporation; and
          (C) after the effective date of section 203(c)(2) of the
        National and Community Service Trust Act of 1993, the State
        Commission and the Corporation employee responsible for
        programs under the Domestic Volunteer Service Act of 1973 [42
        U.S.C. 4950 et seq.] in the State, if the employee is not the
        representative described in paragraph (1) for the State.
      (3) Member of State Commission
        The representative designated under this subsection for a State
      or group of States shall also serve as a member of the State
      Commission established in the State or States, as described in
      section 12638(c)(3) of this title.
      (4) Compensation
        If the employee designated under paragraph (1) is an employee
      whose appointment was made pursuant to subsection (b) of this
      section, the rate of compensation for such employee may not
      exceed the maximum rate of basic pay payable for GS-13 of the
      General Schedule under section 5332 of title 5.
    (d) Consultants
      The Chief Executive Officer may procure the temporary and
    intermittent services of experts and consultants and compensate the
    experts and consultants in accordance with section 3109(b) of title
    5.
    (e) Details of personnel
      The head of any Federal department or agency may detail on a
    reimbursable basis, or on a nonreimbursable basis for not to exceed
    180 calendar days during any fiscal year, as agreed upon by the
    Chief Executive Officer and the head of the Federal agency, any of
    the personnel of that department or agency to the Corporation to
    assist the Corporation in carrying out the duties of the
    Corporation under the national service laws. Any detail shall not
    interrupt or otherwise affect the civil service status or
    privileges of the Federal employee.
    (f) Advisory committees
      (1) Establishment
        The Chief Executive Officer, acting upon the recommendation of
      the Board, may establish advisory committees in the Corporation
      to advise the Board with respect to national service issues, such
      as the type of programs to be established or assisted under the
      national service laws, priorities and criteria for such programs,
      and methods of conducting outreach for, and evaluation of, such
      programs.
      (2) Composition
        Such an advisory committee shall be composed of members
      appointed by the Chief Executive Officer, with such
      qualifications as the Chief Executive Officer may specify.
      (3) Expenses
        Members of such an advisory committee may be allowed travel
      expenses as described in section 12651b(d) of this title.
      (4) Staff
        (A) In general
          Except as provided in subparagraph (B), the Chief Executive
        Officer is authorized to appoint and fix the compensation of
        such staff as the Chief Executive Officer determines to be
        necessary to carry out the functions of the advisory committee,
        without regard to - 
            (i) the provisions of title 5 governing appointments in the
          competitive service; and
            (ii) the provisions of chapter 51 and subchapter III of
          chapter 53 of such title relating to classification and
          General Schedule pay rates.
        (B) Compensation
          If a member of the staff appointed under subparagraph (A) was
        appointed without regard to the provisions described in clauses
        (i) and (ii) of subparagraph (A), the rate of compensation for
        such member may not exceed the maximum rate of basic pay
        payable for GS-13 of the General Schedule under section 5332 of
        title 5.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 195, as added and amended Pub. L.
    103-82, title II, Secs. 202(a), 203(a)(1)(B), Sept. 21, 1993, 107
    Stat. 883, 891.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 8E of the Inspector General Act of 1978, referred to in
    subsec. (a), is section 8E of Pub. L. 95-452, as added by Pub. L.
    103-82, title II, Sec. 202(g)(1), Sept. 21, 1993, 107 Stat. 889,
    which was renumbered section 8F of the Act by Pub. L. 103-204, Sec.
    23(a)(3), Dec. 17, 1993, 107 Stat. 2408, and is set out in the
    Appendix to Title 5, Government Organization and Employees.
      The provisions of title 5 governing appointments in the
    competitive service, referred to in subsecs. (b)(1) and
    (f)(4)(A)(i), are classified generally to section 3301 et seq. of
    Title 5.
      Section 203(c)(2) of the National and Community Service Trust Act
    of 1993, referred to in subsec. (c)(2)(C), is section 203(c)(2) of
    Pub. L. 103-82, which is set out as a note under section 12651 of
    this title. For the effective date of section 203(c)(2) of this
    Act, see section 203(d) of Pub. L. 103-82, set out as an Effective
    Date of 1993 Amendment note under section 12651 of this title.
      The Domestic Volunteer Service Act of 1973, referred to in
    subsec. (c)(2)(C), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394,
    as amended, which is classified generally to chapter 66 (Sec. 4950
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 4950 of this
    title and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 195 of Pub. L. 101-610 was renumbered section 151
    by Pub. L. 103-82 and is classified to section 12611 of this title.

                                AMENDMENTS                            
      1993 - Subsecs. (c)(1), (e). Pub. L. 103-82, Sec. 203(a)(1)(B),
    which directed amendment of section 195(c) and (e) of subtitle I of
    the National and Community Service Act of 1990 by substituting "the
    national service laws" for "this chapter", was executed to subsecs.
    (c)(1) and (e) of this section, which is section 195 of subtitle G
    of title I of the National Community Service Act of 1990, to
    reflect the probable intent of Congress.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by section 203(a)(1)(B) of Pub. L. 103-82 effective
    Apr. 4, 1994, see section 203(d) of Pub. L. 103-82, set out as a
    note under section 12651 of this title.

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1993, see section 202(i) of Pub. L. 103-
    82, set out as a note under section 12651 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 12651g                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division G - Corporation for National and Community Service

-HEAD-
    Sec. 12651g. Administration

-STATUTE-
    (a) Donations
      (1) Services
        (A) Volunteers
          Notwithstanding section 1342 of title 31, the Corporation may
        solicit and accept the voluntary services of individuals to
        assist the Corporation in carrying out the duties of the
        Corporation under the national service laws, and may provide to
        such individuals the travel expenses described in section
        12651b(d) of this title.
        (B) Limitation
          Such a volunteer shall not be considered to be a Federal
        employee and shall not be subject to the provisions of law
        relating to Federal employment, including those relating to
        hours of work, rates of compensation, leave, unemployment
        compensation, and Federal employee benefits, except that - 
            (i) for the purposes of the tort claims provisions of
          chapter 171 of title 28, a volunteer under this division
          shall be considered to be a Federal employee;
            (ii) for the purposes of subchapter I of chapter 81 of
          title 5 relating to compensation to Federal employees for
          work injuries, volunteers under this division shall be
          considered to be employees, as defined in section 8101(1)(B)
          of title 5 and the provisions of such subchapter shall apply;
          and
            (iii) for purposes of the provisions of chapter 11 of part
          I of title 18, such a volunteer (to whom such provisions
          would not otherwise apply except for this subsection) shall
          be a special Government employee.
        (C) Inherently governmental function
          (i) In general
            Such a volunteer shall not carry out an inherently
          governmental function.
          (ii) Regulations
            The Chief Executive Officer shall promulgate regulations to
          carry out this subparagraph.
          (iii) "Inherently governmental function" defined
            As used in this subparagraph, the term "inherently
          governmental function" means any activity that is so
          intimately related to the public interest as to mandate
          performance by an officer or employee of the Federal
          Government, including an activity that requires either the
          exercise of discretion in applying the authority of the
          Government or the use of value judgment in making a decision
          for the Government.
      (2) Property
        (A) In general
          The Corporation may solicit, accept, hold, administer, use,
        and dispose of, in furtherance of the purposes of the national
        service laws, donations of any money or property, real,
        personal, or mixed, tangible or intangible, received by gift,
        devise, bequest, or otherwise. Donations accepted under this
        subparagraph shall be used as nearly as possible in accordance
        with the terms, if any, of such donation.
        (B) Status of contribution
          Any donation accepted under subparagraph (A) shall be
        considered to be a gift, devise, or bequest to, or for the use
        of, the United States.
        (C) Rules
          The Chief Executive Officer shall establish written rules to
        ensure that the solicitation, acceptance, holding,
        administration, and use of property described in subparagraph
        (A) - 
            (i) will not reflect unfavorably upon the ability of the
          Corporation, or of any officer or employee of the
          Corporation, to carry out the responsibilities or official
          duties of the Corporation in a fair and objective manner; and
            (ii) will not compromise the integrity of the programs of
          the Corporation or any official or employee of the
          Corporation involved in such programs.
        (D) Disposition
          Upon completion of the use by the Corporation of any property
        accepted pursuant to subparagraph (A) (other than money or
        monetary proceeds from sales of property so accepted), such
        completion shall be reported to the General Services
        Administration and such property shall be disposed of in
        accordance with title II of the Federal Property and
        Administrative Services Act of 1949.(!1)

      (3) Volunteer
        As used in this subsection, the term "volunteer" does not
      include a participant.
    (b) Contracts
      Subject to the Federal Property and Administrative Services Act
    of 1949,(!1) the Corporation may enter into contracts, and
    cooperative and interagency agreements, with Federal and State
    agencies, private firms, institutions, and individuals to conduct
    activities necessary to assist the Corporation in carrying out the
    duties of the Corporation under the national service laws.
    (c) Office of Management and Budget
      Appropriate circulars of the Office of Management and Budget
    shall apply to the Corporation.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 196, as added Pub. L. 103-82, title
    II, Secs. 202(a), 203(a)(1)(B), Sept. 21, 1993, 107 Stat. 885,
    891.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Property and Administrative Services Act of 1949,
    referred to in subsecs. (a)(2)(D) and (b), is act June 30, 1949,
    ch. 288, 63 Stat. 377, as amended. Except for title III of the Act,
    which is classified generally to subchapter IV (Sec. 251 et seq.)
    of chapter 4 of Title 41, Public Contracts, the Act was repealed
    and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116
    Stat. 1062, 1304, as chapters 1 to 11 of Title 40, Public
    Buildings, Property, and Works. Title II of the Act, which was
    classified principally to subchapter II (Secs. 481, 483, 484, 485,
    486, 487 to 490, 491, 492) of chapter 10 and section 758 of former
    Title 40, was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21,
    2002, 116 Stat. 1304, the first section of which enacted Title 40.
    For disposition of sections of former Title 40 to revised Title 40,
    see Table preceding section 101 of Title 40. For complete
    classification of this Act to the Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      1993 - Subsecs. (a)(1)(A), (2)(A), (b). Pub. L. 103-82, Sec.
    203(a)(1)(B), which directed amendment of section 196(a) and (b) of
    subtitle I of the National and Community Service Act of 1990 by
    substituting "the national service laws" for "this chapter", was
    executed to subsecs. (a)(1)(A), (2)(A) and (b) of this section,
    which is section 196 of subtitle G of title I of the National
    Community Service Act of 1990, to reflect the probable intent of
    Congress.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by section 203(a)(1)(B) of Pub. L. 103-82 effective
    Apr. 4, 1994, see section 203(d) of Pub. L. 103-82, set out as a
    note under section 12651 of this title.

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1993, see section 202(i) of Pub. L. 103-
    82, set out as a note under section 12651 of this title.

-FOOTNOTE-               

    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 12651h                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division G - Corporation for National and Community Service

-HEAD-
    Sec. 12651h. Corporation State offices

-STATUTE-
    (a) In general
      The Chief Executive Officer shall establish and maintain a
    decentralized field structure that provides for an office of the
    Corporation for each State. The office for a State shall be located
    in, or in reasonable proximity to, such State. Only one such office
    may carry out the duties described in subsection (b) of this
    section with respect to a State at any particular time. Such State
    office may be directed by the representative designated under
    section 12651f(c) of this title.
    (b) Duties
      Each State office established pursuant to subsection (a) of this
    section shall - 
        (1) provide to the State Commissions established under section
      12638 of this title technical and other assistance for the
      development and implementation of national service plans under
      section 12638(e)(1) of this title;
        (2) provide to community-based agencies and other entities
      within the State technical assistance for the preparation of
      applications for assistance under the national service laws,
      utilizing, as appropriate, information and materials provided by
      the clearinghouses established pursuant to section 12653a of this
      title;
        (3) provide to the State Commission and other entities within
      the State support and technical assistance necessary to assure
      the existence of an effective system of recruitment, placement,
      and training of volunteers within the State;
        (4) monitor and evaluate the performance of all programs and
      projects within the State that receive assistance under the
      national service laws; and
        (5) perform such other duties and functions as may be assigned
      or delegated by the Chief Executive Officer.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 196A, as added Pub. L. 103-82,
    title II, Sec. 202(a), Sept. 21, 1993, 107 Stat. 887.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1993, see section 202(i) of Pub. L. 103-
    82, set out as a note under section 12651 of this title.

-End-


-CITE-
    42 USC Division H - Investment for Quality and Innovation    01/03/2007 

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division H - Investment for Quality and Innovation

-HEAD-
            DIVISION H - INVESTMENT FOR QUALITY AND INNOVATION        


-MISC1-
                             PRIOR PROVISIONS                         
      This division is comprised of subtitle H, Secs. 198-198D, of
    title I of Pub. L. 101-610. A prior part H (Sec. 12653 et seq.),
    comprised of subtitle H, Secs. 195-195O, of title I of Pub. L. 101-
    610, was renumbered subtitle E, Secs. 151-166, of title I of Pub.
    L. 101-610 by Pub. L. 103-82, Sec. 104(b), and transferred to
    division E (Sec. 12611 et seq.) of this subchapter.

-End-



-CITE-
    42 USC Sec. 12653                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division H - Investment for Quality and Innovation

-HEAD-
    Sec. 12653. Additional Corporation activities to support national
      service

-STATUTE-
    (a) Methods of conducting activities
      The Corporation may carry out this section directly (except as
    provided in subsection (r) of this section) or through grants,
    contracts, and cooperative agreements with other entities.
    (b) Innovation and quality improvement
      The Corporation may undertake activities to improve the quality
    of national service programs, including service-learning programs,
    and to support innovative and model programs, including - 
        (1) programs, including programs for rural youth, under
      division B or C of this subchapter;
        (2) employer-based retiree programs;
        (3) intergenerational programs;
        (4) programs involving individuals with disabilities as
      participants providing service; and
        (5) programs sponsored by Governors.
    (c) Summer programs
      The Corporation may support service programs intended to be
    carried out between May 1 and October 1, except that such a program
    may also include a year-round component.
    (d) Community-based agencies
      The Corporation may provide training and technical assistance and
    other assistance to service sponsors and other community-based
    agencies that provide volunteer placements in order to improve the
    ability of such agencies to use participants and other volunteers
    in a manner that results in high-quality service and a positive
    service experience for the participants and volunteers.
    (e) Improve ability to apply for assistance
      The Corporation shall provide training and technical assistance,
    where necessary, to individuals, programs, local labor
    organizations, State educational agencies, State Commissions, local
    educational agencies, local governments, community-based agencies,
    and other entities to enable them to apply for funding under one of
    the national service laws, to conduct high-quality programs, to
    evaluate such programs, and for other purposes.
    (f) National service fellowships
      The Corporation may award national service fellowships.
    (g) Conferences and materials
      The Corporation may organize and hold conferences, and prepare
    and publish materials, to disseminate information and promote the
    sharing of information among programs for the purpose of improving
    the quality of programs and projects.
    (h) Peace Corps and VISTA training
      The Corporation may provide training assistance to selected
    individuals who volunteer to serve in the Peace Corps or a program
    authorized under title I of the Domestic Volunteer Service Act of
    1973 (42 U.S.C. 4951 et seq.). The training shall be provided as
    part of the course of study of the individual at an institution of
    higher education, shall involve service-learning, and shall cover
    appropriate skills that the individual will use in the Peace Corps
    or VISTA.
    (i) Promotion and recruitment
      The Corporation may conduct a campaign to solicit funds for the
    National Service Trust and other programs and activities authorized
    under the national service laws and to promote and recruit
    participants for programs that receive assistance under the
    national service laws.
    (j) Training
      The Corporation may support national and regional participant and
    supervisor training, including leadership training and training in
    specific types of service and in building the ethic of civic
    responsibility.
    (k) Research
      The Corporation may support research on national service,
    including service-learning.
    (l) Intergenerational support
      The Corporation may assist programs in developing a service
    component that combines students, out-of-school youths, and older
    adults as participants to provide needed community services.
    (m) Planning coordination
      The Corporation may coordinate community-wide planning among
    programs and projects.
    (n) Youth leadership
      The Corporation may support activities to enhance the ability of
    youth and young adults to play leadership roles in national
    service.
    (o) National program identity
      The Corporation may support the development and dissemination of
    materials, including training materials, and arrange for uniforms
    and insignia, designed to promote unity and shared features among
    programs that receive assistance under the national service laws.
    (p) Service-learning
      The Corporation shall support innovative programs and activities
    that promote service-learning.
    (q) National Youth Service Day
      (1) Designation
        April 19, 1994, and April 18, 1995, are each designated as
      "National Youth Service Day". The President is authorized and
      directed to issue a proclamation calling on the people of the
      United States to observe the day with appropriate ceremonies and
      activities.
      (2) Federal activities
        In order to observe National Youth Service Day at the Federal
      level, the Corporation may organize and carry out appropriate
      ceremonies and activities.
      (3) Activities
        The Corporation may make grants to public or private nonprofit
      organizations with demonstrated ability to carry out appropriate
      activities, in order to support such activities on National Youth
      Service Day.
    (r) Assistance for Head Start
      The Corporation may make grants to, and enter into contracts and
    cooperative agreements with, public or nonprofit private agencies
    and organizations that receive grants or contracts under the Foster
    Grandparent Program (part B of title II of the Domestic Volunteer
    Service Act of 1973 [42 U.S.C. 5011 et seq.]), for projects of the
    type described in section 211(a) of such Act [42 U.S.C. 5011]
    operating under memoranda of agreement with the Corporation, for
    the purpose of increasing the number of low-income individuals who
    provide services under such program to children who participate in
    Head Start programs under the Head Start Act (42 U.S.C 9831 et
    seq).
    (s) Martin Luther King, Jr., Service Day
      (1) Assistance
        The Corporation may make grants to eligible entities described
      in paragraph (2) to pay for the Federal share of the cost of
      planning and carrying out service opportunities in conjunction
      with the Federal legal holiday honoring the birthday of Martin
      Luther King, Jr. Such service opportunities shall consist of
      activities reflecting the life and teachings of Martin Luther
      King, Jr., such as cooperation and understanding among racial and
      ethnic groups, nonviolent conflict resolution, equal economic and
      educational opportunities, and social justice.
      (2) Eligible entities
        Any entity otherwise eligible for assistance under the national
      services laws shall be eligible to receive a grant under this
      subsection.
      (3) Repealed. Pub. L. 105-354, Sec. 2(b), Nov. 3, 1998, 112 Stat.
        3244
      (4) Federal share
        Grants provided under this subsection to an eligible entity to
      support the planning and carrying out of a service opportunity in
      conjunction with the Federal legal holiday honoring the birthday
      of Martin Luther King, Jr., together with all other Federal funds
      used to plan or carry out the service opportunity, may not exceed
      30 percent of the cost of planning and carrying out the service
      opportunity.
      (5) Calculation of entity contributions
        In determining the non-Federal share of the costs of planning
      and carrying out a service opportunity supported by a grant under
      this subsection, the Corporation shall consider in-kind
      contributions (including facilities, equipment, and services)
      made to plan or carry out the service opportunity.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 198, as added and amended Pub. L.
    103-82, title I, Sec. 104(c), title IV, Sec. 405(p)(2), Sept. 21,
    1993, 107 Stat. 840, 922; Pub. L. 103-304, Sec. 3(a), (b)(6), Aug.
    23, 1994, 108 Stat. 1566, 1568; Pub. L. 105-354, Sec. 2(b), Nov. 3,
    1998, 112 Stat. 3244.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Domestic Volunteer Service Act of 1973, referred to in
    subsecs. (h) and (r), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat.
    394, as amended. Title I and part B of title II of the Act are
    classified generally to subchapter I (Sec. 4951 et seq.) and part B
    (Sec. 5011 et seq.) of subchapter II, respectively, of chapter 66
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 4950 of this title and
    Tables.
      The Head Start Act, referred to in subsec. (r), is subchapter B
    (Secs. 635-657) of chapter 8 of subtitle A of title VI of Pub. L.
    97-35, Aug. 13, 1981, 95 Stat. 499, as amended, which is classified
    generally to subchapter II (Sec. 9831 et seq.) of chapter 105 of
    this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 9801 of this title and
    Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12653, Pub. L. 101-610, title I, Sec. 195, as
    added Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23,
    1992, 106 Stat. 2522, which stated purpose of Civilian Community
    Corps, was renumbered section 151 of Pub. L. 101-610 by Pub. L. 103-
    82, Sec. 104(b), and transferred to section 12611 of this title.

                                AMENDMENTS                            
      1998 - Subsec. (s)(3). Pub. L. 105-354 struck out heading and
    text of par. (3). Text read as follows: "In making grants under
    this subsection, the Corporation shall consult with the Martin
    Luther King, Jr. Federal Holiday Commission established under
    section 169j-1 of title 36."
      1994 - Subsec. (q)(1). Pub. L. 103-304, Sec. 3(b)(6), substituted
    "1995," for "1995".
      Subsec. (s). Pub. L. 103-304, Sec. 3(a), added subsec. (s).
      1993 - Subsec. (r). Pub. L. 103-82, Sec. 405(p)(2), substituted
    "Corporation" for "ACTION Agency".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by section 405(p)(2) of Pub. L. 103-82 effective Apr.
    4, 1994, see section 406(b) of Pub. L. 103-82, set out as a note
    under section 8332 of Title 5, Government Organization and
    Employees.

                              EFFECTIVE DATE                          
      Division effective Oct. 1, 1993, see section 123 of Pub. L. 103-
    82, set out as an Effective Date of 1993 Amendment note under
    section 1701 of Title 16, Conservation.

-End-



-CITE-
    42 USC Sec. 12653a                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division H - Investment for Quality and Innovation

-HEAD-
    Sec. 12653a. Clearinghouses

-STATUTE-
    (a) Assistance
      The Corporation shall provide assistance to appropriate entities
    to establish one or more clearinghouses, including the
    clearinghouse described in section 12551 of this title.
    (b) Application
      To be eligible to receive assistance under subsection (a) of this
    section, an entity shall submit an application to the Corporation
    at such time, in such manner, and containing such information as
    the Corporation may require.
    (c) Function of clearinghouses
      An entity that receives assistance under subsection (a) of this
    section may - 
        (1) assist entities carrying out State or local community
      service programs with needs assessments and planning;
        (2) conduct research and evaluations concerning community
      service;
        (3)(A) provide leadership development and training to State and
      local community service program administrators, supervisors, and
      participants; and
        (B) provide training to persons who can provide the leadership
      development and training described in subparagraph (A);
        (4) facilitate communication among entities carrying out
      community service programs and participants;
        (5) provide information, curriculum materials, and technical
      assistance relating to planning and operation of community
      service programs, to States and local entities eligible to
      receive funds under this subchapter;
        (6)(A) gather and disseminate information on successful
      community service programs, components of such successful
      programs, innovative youth skills curriculum, and community
      service projects; and
        (B) coordinate the activities of the clearinghouse with
      appropriate entities to avoid duplication of effort;
        (7) make recommendations to State and local entities on quality
      controls to improve the delivery of community service programs
      and on changes in the programs under this subchapter; and
        (8) carry out such other activities as the Chief Executive
      Officer determines to be appropriate.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 198A, as added Pub. L. 103-82,
    title I, Sec. 104(c), Sept. 21, 1993, 107 Stat. 842.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12653a, Pub. L. 101-610, title I, Sec. 195A, as
    added Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23,
    1992, 106 Stat. 2523, which provided for establishment of Civilian
    Community Corps Demonstration Program, was renumbered section 152
    of Pub. L. 101-610 by Pub. L. 103-82, Sec. 104(b), and transferred
    to section 12612 of this title.

-End-



-CITE-
    42 USC Sec. 12653b                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division H - Investment for Quality and Innovation

-HEAD-
    Sec. 12653b. Presidential awards for service

-STATUTE-
    (a) Presidential awards
      (1) In general
        The President, acting through the Corporation, may make
      Presidential awards for service to individuals providing
      significant service, and to outstanding service programs.
      (2) Individuals and programs
        Notwithstanding section 12511(19) of this title - 
          (A) an individual receiving an award under this subsection
        need not be a participant in a program authorized under this
        chapter; and
          (B) a program receiving an award under this subsection need
        not be a program authorized under this chapter.
      (3) Nature of award
        In making an award under this section to an individual or
      program, the President, acting through the Corporation - 
          (A) is authorized to incur necessary expenses for the
        honorary recognition of the individual or program; and
          (B) is not authorized to make a cash award to such individual
        or program.
    (b) Information
      The President, acting through the Corporation, shall ensure that
    information concerning individuals and programs receiving awards
    under this section is widely disseminated.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 198B, as added Pub. L. 103-82,
    title I, Sec. 104(c), Sept. 21, 1993, 107 Stat. 843.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a)(2), was in the original
    "this Act", meaning Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127,
    as amended, which is classified principally to this chapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 12501 of this title and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12653b, Pub. L. 101-610, title I, Sec. 195B, as
    added Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23,
    1992, 106 Stat. 2523, which related to national service program
    component of Civilian Community Corps Demonstration Program, was
    renumbered section 153 of Pub. L. 101-610 by Pub. L. 103-82, title
    I, Sec. 104(b), Sept. 21, 1993, 107 Stat. 840, and transferred to
    section 12613 of this title.

-End-



-CITE-
    42 USC Sec. 12653c                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division H - Investment for Quality and Innovation

-HEAD-
    Sec. 12653c. Military installation conversion demonstration
      programs

-STATUTE-
    (a) Purposes
      The purposes of this section are to - 
        (1) provide meaningful service opportunities for economically
      disadvantaged youth;
        (2) fully utilize military installations affected by closures
      or realignments;
        (3) encourage communities affected by such closures or
      realignments to convert the installations to community use; and
        (4) foster a sense of community pride in the youth in the
      community.
    (b) Definitions
      As used in this section:
      (1) Affected military installation
        The term "affected military installation" means a military
      installation being closed or realigned under - 
          (A) the Defense Base Closure and Realignment Act of 1990
        (part A of title XXIX of division B of Public Law 101-510; 10
        U.S.C. 2687 note); and
          (B) title II of the Defense Authorization Amendments and Base
        Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687
        note).
      (2) Community
        The term "community" includes a county.
      (3) Convert to community use
        The term "convert to community use", used with respect to an
      affected military installation, includes - 
          (A) conversion of the installation or a part of the
        installation to - 
            (i) a park;
            (ii) a community center;
            (iii) a recreational facility; or
            (iv) a facility for a Head Start program under the Head
          Start Act (42 U.S.C. 9831 et seq.); and

          (B) carrying out, at the installation, a construction or
        economic development project that is of substantial benefit, as
        determined by the Chief Executive Officer, to - 
            (i) the community in which the installation is located; or
            (ii) a community located within such distance of the
          installation as the Chief Executive Officer may determine by
          regulation to be appropriate.
      (4) Demonstration program
        The term "demonstration program" means a program described in
      subsection (c) of this section.
    (c) Demonstration programs
      (1) Grants
        The Corporation may make grants to communities and community-
      based agencies to pay for the Federal share of establishing and
      carrying out military installation conversion demonstration
      programs, to assist in converting to community use affected
      military installations located - 
          (A) within the community; or
          (B) within such distance from the community as the Chief
        Executive Officer may by regulation determine to be
        appropriate.
      (2) Duration
        In carrying out such a demonstration program, the community or
      community-based agency may carry out - 
          (A) a program of not less than 6 months in duration; or
          (B) a full-time summer program.
    (d) Use of funds
      (1) Stipend
        A community or community-based agency that receives a grant
      under subsection (c) of this section to establish and carry out a
      project through a demonstration program may use the funds made
      available through such grant to pay for a portion of a stipend
      for the participants in the project.
      (2) Limitation on amount of stipend
        The amount of the stipend provided to a participant under
      paragraph (1) that may be paid using assistance provided under
      this section and using any other Federal funds shall not exceed
      the lesser of - 
          (A) 85 percent of the total average annual subsistence
        allowance provided to VISTA volunteers under section 4955 of
        this title; and
          (B) 85 percent of the stipend established by the
        demonstration program involved.
    (e) Participants
      (1) Eligibility
        A person shall be eligible to be selected as a participant in a
      project carried out through a demonstration program if the person
      is - 
          (A) an economically disadvantaged individual; and
          (B)(i) a person described in section 12613(b) of this title;
          (ii) a youth described in section 12614(a) of this title; or
          (iii) an individual described in section 2884 of title 29.
      (2) Participation
        Persons desiring to participate in such a project shall enter
      into an agreement with the service sponsor of the project to
      participate - 
          (A) on a full-time or a part-time basis; and
          (B) for the duration referred to in subsection (f)(2)(C) of
        this section.
    (f) Application
      (1) In general
        To be eligible to receive a grant under subsection (c) of this
      section, a community or community-based agency shall submit an
      application to the Chief Executive Officer at such time, in such
      manner, and containing such information as the Chief Executive
      Officer may require.
      (2) Contents
        At a minimum, such application shall contain - 
          (A) a description of the demonstration program proposed to be
        conducted by the applicant;
          (B) a proposal for carrying out the program that describes
        the manner in which the applicant will - 
            (i) provide preservice and inservice training, for
          supervisors and participants, that will be conducted by
          qualified individuals or qualified organizations;
            (ii) conduct an appropriate evaluation of the program; and
            (iii) provide for appropriate community involvement in the
          program;

          (C) information indicating the duration of the program; and
          (D) an assurance that the applicant will comply with the
        nonduplication and nondisplacement provisions of section 12637
        of this title and the grievance procedure requirements of
        section 12636(f) of this title.
    (g) Limitation on grant
      In making a grant under subsection (c) of this section with
    respect to a demonstration program to assist in converting an
    affected military installation, the Corporation shall not make a
    grant for more than 25 percent of the total cost of the conversion.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 198C, as added Pub. L. 103-82,
    title I, Sec. 104(c), Sept. 21, 1993, 107 Stat. 843; amended Pub.
    L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 405(d)(42)(B),
    (f)(33)(A)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-428, 2681-
    434.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Defense Base Closure and Realignment Act of 1990, referred to
    in subsec. (b)(1)(A), is part A of title XXIX of div. B of Pub. L.
    101-510, Nov. 5, 1990, 104 Stat. 1808, which is set out as a note
    under section 2687 of Title 10, Armed Forces. For complete
    classification of this Act to the Code, see Tables.
      The Defense Authorization Amendments and Base Closure and
    Realignment Act, referred to in subsec. (b)(1)(B), is Pub. L. 100-
    526, Oct. 24, 1988, 102 Stat. 2623, as amended. Title II of the
    Act is set out as a note under section 2687 of Title 10, Armed
    Forces. For complete classification of this Act to the Code, see
    Short Title of 1988 Amendment note set out under section 2687 of
    Title 10 and Tables.
      The Head Start Act, referred to in subsec. (b)(3)(A)(iv), is
    subchapter B (Secs. 635-657) of chapter 8 of subtitle A of title VI
    of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 499, as amended, which is
    classified generally to subchapter II (Sec. 9831 et seq.) of
    chapter 105 of this title. For complete classification of this Act
    to the Code, see Short Title note set out under section 9801 of
    this title and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12653c, Pub. L. 101-610, title I, Sec. 195C, as
    added Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23,
    1992, 106 Stat. 2524, which related to summer national service
    program of Civilian Community Corps Demonstration Program, was
    renumbered section 154 of Pub. L. 101-610 by Pub. L. 103-82, Sec.
    104(b), and transferred to section 12614 of this title.

                                AMENDMENTS                            
      1998 - Subsec. (b)(1). Pub. L. 105-277, Sec. 101(f) [title VIII,
    Sec. 405(d)(42)(B)(i)], substituted "a military installation being
    closed or realigned under - " and subpars. (A) and (B) for "a
    military installation described in section 1662d(e)(1) of title
    29".
      Subsec. (e)(1)(B)(iii). Pub. L. 105-277, Sec. 101(f) [title VIII,
    Sec. 405(f)(33)(A)], added cl. (iii) and struck out former cl.
    (iii) which read as follows: "an eligible youth described in
    section 1693 of title 29 or an individual described in section 2884
    of title 29."
      Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.
    405(d)(42)(B)(ii)], added cl. (iii) and struck out former cl. (iii)
    which read as follows: "an eligible youth described in section 1693
    of title 29."

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by section 101(f) [title VIII, Sec. 405(d)(42)(B)] of
    Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section
    101(f) [title VIII, Sec. 405(f)(33)(A)] of Pub. L. 105-277
    effective July 1, 2000, see section 101(f) [title VIII, Sec.
    405(g)(1), (2)(B)] of Pub. L. 105-277, set out as a note under
    section 3502 of Title 5, Government Organization and Employees.

-End-



-CITE-
    42 USC Sec. 12653d                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division H - Investment for Quality and Innovation

-HEAD-
    Sec. 12653d. Special demonstration project

-STATUTE-
    (a) Special demonstration project for the Yukon-Kuskokwim delta of
      Alaska
      The President may award grants to, and enter into contracts with,
    organizations to carry out programs that address significant human
    needs in the Yukon-Kuskokwim delta region of Alaska.
    (b) Application
      (1) General requirements
        To be eligible to receive a grant or enter into a contract
      under subsection (a) of this section with respect to a program,
      an organization shall submit an application to the President at
      such time, in such manner, and containing such information as the
      President may require.
      (2) Contents
        The application submitted by the organization shall, at a
      minimum - 
          (A) include information describing the manner in which the
        program will utilize VISTA volunteers, individuals who have
        served in the Peace Corps, and other qualified persons, in
        partnership with the local nonprofit organizations known as the
        Yukon-Kuskokwim Health Corporation and the Alaska Village
        Council Presidents;
          (B) take into consideration - 
            (i) the primarily noncash economy of the region; and
            (ii) the needs and desires of residents of the local
          communities in the region; and

          (C) include specific strategies, developed in cooperation
        with the Yupi'k speaking population that resides in such
        communities, for comprehensive and intensive community
        development for communities in the Yukon-Kuskokwim delta
        region.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 198D, as added Pub. L. 103-82,
    title I, Sec. 104(c), Sept. 21, 1993, 107 Stat. 845.)


-MISC1-
                             PRIOR PROVISIONS                         
      Prior sections 12653d to 12653o relating to Civilian Community
    Corps were renumbered by Pub. L. 103-82, Sec. 104(b), and
    transferred as follows:
      Section 12653d, Pub. L. 101-610, title I, Sec. 195D, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2524, which related to organization and membership of the
    Corps, was renumbered section 155 of Pub. L. 101-610 and
    transferred to section 12615 of this title.
      Section 12653e, Pub. L. 101-610, title I, Sec. 195E, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2525, which provided for training of Corps members, was
    renumbered section 156 of Pub. L. 101-610 and transferred to
    section 12616 of this title.
      Section 12653f, Pub. L. 101-610, title I, Sec. 195F, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2526, which related to service projects carried out by
    the Corps, was renumbered section 157 of Pub. L. 101-610 and
    transferred to section 12617 of this title.
      Section 12653g, Pub. L. 101-610, title I, Sec. 195G, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2526, which related to authorized benefits for Corps
    members, was renumbered section 158 of Pub. L. 101-610 and
    transferred to section 12618 of this title.
      Section 12653h, Pub. L. 101-610, title I, Sec. 195H, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2528, which related to administration of the Corps, was
    renumbered section 159 of Pub. L. 101-610 and transferred to
    section 12619 of this title.
      Section 12653i, Pub. L. 101-610, title I, Sec. 195I, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2530, which related to status of Corps members and Corps
    personnel under Federal law, was renumbered section 160 of Pub. L.
    101-610 and transferred to section 12620 of this title.
      Section 12653j, Pub. L. 101-610, title I, Sec. 195J, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2530, which provided for contract and grant authority of
    Corps Director, was renumbered section 161 of Pub. L. 101-610 and
    transferred to section 12621 of this title.
      Section 12653k, Pub. L. 101-610, title I, Sec. 195K, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2531, which set out other departments' responsibilities
    to the Corps, was renumbered section 162 of Pub. L. 101-610 and
    transferred to section 12622 of this title.
      Section 12653l, Pub. L. 101-610, title I, Sec. 195L, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2532, which related to Advisory Board for the Corps, was
    renumbered section 163 of Pub. L. 101-610 and transferred to
    section 12623 of this title.
      Section 12653m, Pub. L. 101-610, title I, Sec. 195M, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2532, which provided for annual evaluations of Corps
    programs, was renumbered section 164 of Pub. L. 101-610 and
    transferred to section 12624 of this title.
      Section 12653n, Pub. L. 101-610, title I, Sec. 195N, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2532, which limited funding for Corps programs, was
    renumbered section 165 of Pub. L. 101-610 and transferred to
    section 12625 of this title.
      Section 12653o, Pub. L. 101-610, title I, Sec. 195O, as added
    Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992,
    106 Stat. 2532, which defined terms used in former part H of this
    subchapter, was renumbered section 166 of Pub. L. 101-610 and
    transferred to section 12626 of this title.

-End-


-CITE-
    42 USC Division I - American Conservation and Youth
           Service Corps                                   01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division I - American Conservation and Youth Service Corps

-HEAD-
        DIVISION I - AMERICAN CONSERVATION AND YOUTH SERVICE CORPS    

-COD-
                               CODIFICATION                           
      Subtitle I of title I of Pub. L. 101-610, comprising this
    division, was formerly classified to part C (Sec. 12541 et seq.) of
    this subchapter prior to the general amendment by Pub. L. 103-82,
    Sec. 101(a).

-End-



-CITE-
    42 USC Sec. 12655                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division I - American Conservation and Youth Service Corps

-HEAD-
    Sec. 12655. General authority

-STATUTE-
      The Corporation may make grants to States or local applicants and
    may transfer funds to the Secretary of Agriculture or to the
    Secretary of the Interior for the creation or expansion of full-
    time, part-time, year-round, or summer, youth corps programs (!1)
    To the extent practicable, the Corporation shall apply the
    provisions of division C of this subchapter in making grants under
    this section.


-SOURCE-
    (Pub. L. 101-610, title I, Sec. 199A, formerly Sec. 121, Nov. 16,
    1990, 104 Stat. 3140; Pub. L. 102-384, Sec. 5, Oct. 5, 1992, 106
    Stat. 1455; renumbered Sec. 199A and amended Pub. L. 103-82, title
    I, Sec. 101(a), (e)(1), (2), Sept. 21, 1993, 107 Stat. 788, 815.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12541 of this title
    prior to renumbering by Pub. L. 103-82, Sec. 101(a).


-MISC1-
                                AMENDMENTS                            
      1993 - Pub. L. 103-82, Sec. 101(e)(1), (2), substituted
    "Corporation" for "Commission", substituted "or to the Secretary of
    the Interior" for ", to the Secretary of the Interior, or to the
    Director of ACTION", struck out "under section 12512 of this title"
    after "may make grants", and inserted at end "To the extent
    practicable, the Corporation shall apply the provisions of division
    C of this subchapter in making grants under this section."
      1992 - Pub. L. 102-384 amended section generally. Prior to
    amendment, section read as follows: "The Commission may make grants
    under section 12512 of this title to States or local applicants, to
    the Secretary of Agriculture, to the Secretary of the Interior, or
    to the Director of ACTION for the creation or expansion of full-
    time or summer youth corps programs."

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
    123 of Pub. L. 103-82, set out as a note under section 1701 of
    Title 16, Conservation.

                                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.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a period.


-End-



-CITE-
    42 USC Sec. 12655a                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division I - American Conservation and Youth Service Corps

-HEAD-
    Sec. 12655a. Limitation on purchase of capital equipment

-STATUTE-
      Not to exceed 10 percent of the amount of assistance made
    available to a program agency under this division shall be used for
    the purchase of major capital equipment.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 199B, formerly Sec. 122, Nov. 16,
    1990, 104 Stat. 3140; Pub. L. 102-10, Sec. 5(2), Mar. 12, 1991, 105
    Stat. 30; renumbered Sec. 199B and amended Pub. L. 103-82, title I,
    Sec. 101(a), (e)(3), Sept. 21, 1993, 107 Stat. 788, 815.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12542 of this title
    prior to renumbering by Pub. L. 103-82, Sec. 101(a).


-MISC1-
                                AMENDMENTS                            
      1993 - Pub. L. 103-82, Sec. 101(e)(3), amended section generally,
    substituting provisions relating to limitation on purchase of
    capital equipment for provisions relating to allocation of funds.
      1991 - Subsec. (e). Pub. L. 102-10 inserted "service" after
    "youth".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
    123 of Pub. L. 103-82, set out as a note under section 1701 of
    Title 16, Conservation.

-End-



-CITE-
    42 USC Sec. 12655b                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division I - American Conservation and Youth Service Corps

-HEAD-
    Sec. 12655b. State application

-STATUTE-
    (a) Submission
      To be eligible to receive a grant under this division, a State or
    Indian tribe (or a local applicant if section 12655 of this title
    applies) shall prepare and submit to the Corporation, an
    application at such time, in such manner, and containing such
    information as the Corporation may reasonably require.
    (b) General content
      An application submitted under subsection (a) of this section
    shall describe - 
        (1) any youth corps program proposed to be conducted directly
      by such applicant with assistance provided under this division;
      and
        (2) any grant program proposed to be conducted by such State
      with assistance provided under this division for the benefit of
      entities within such State.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 199C, formerly Sec. 123, Nov. 16,
    1990, 104 Stat. 3141; Pub. L. 102-10, Sec. 5(3), Mar. 12, 1991, 105
    Stat. 30; renumbered Sec. 199C and amended Pub. L. 103-82, title I,
    Sec. 101(a), (e)(1), (4), Sept. 21, 1993, 107 Stat. 788, 815.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12543 of this title
    prior to renumbering by Pub. L. 103-82, Sec. 101(a).


-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (a). Pub. L. 103-82, Sec. 101(e)(1), (4)(A),
    substituted "Corporation" for "Commission" in two places and
    "section 12655 of this title" for "section 12542(b) of this title"
    and struck out before period at end ", including the information
    required under subsection (b) of this section".
      Subsecs. (c), (d). Pub. L. 103-82, Sec. 101(e)(4)(B), struck out
    subsec. (c) which specified required contents of State applications
    and subsec. (d) which required State applicants to establish and
    implement programs to make grants to applicants within the State.
      1991 - Subsec. (c)(14), (15). Pub. L. 102-10 added par. (14) and
    redesignated former par. (14) as (15).

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
    123 of Pub. L. 103-82, set out as a note under section 1701 of
    Title 16, Conservation.

-End-



-CITE-
    42 USC Sec. 12655c                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division I - American Conservation and Youth Service Corps

-HEAD-
    Sec. 12655c. Focus of programs

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

        (2) in the case of youth service corps programs, include
      participant service in - 
          (A) State, local, and regional governmental agencies;
          (B) nursing homes, hospices, senior centers, hospitals, local
        libraries, parks, recreational facilities, child and adult day
        care centers, programs serving individuals with disabilities,
        and schools;
          (C) law enforcement agencies,(!1) and penal and probation
        systems;

          (D) private nonprofit organizations that primarily focus on
        social service such as community action agencies;
          (E) activities that focus on the rehabilitation or
        improvement of public facilities, neighborhood improvements,
        literacy training that benefits educationally disadvantaged
        individuals, weatherization of and basic repairs to low-income
        housing including housing occupied by older adults, energy
        conservation (including solar energy techniques), removal of
        architectural barriers to access by individuals with
        disabilities to public facilities, activities that focus on
        drug and alcohol abuse education, prevention and treatment, and
        conservation, maintenance, or restoration of natural resources
        on publicly held lands; and
          (F) any other nonpartisan civic activities and services that
        the Corporation determines to be of a substantial social
        benefit in meeting unmet human, educational, or environmental
        needs (particularly needs related to poverty) or in the
        community where volunteer service is to be performed; or

        (3) encompass the focuses and services described in both
      paragraphs (1) and (2).
    (b) Limitation on service
      No participant shall perform any specific activity for more than
    a 6-month period. No participant shall remain enrolled in programs
    assisted under this division for more than 24 months.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 199D, formerly Sec. 124, Nov. 16,
    1990, 104 Stat. 3143; Pub. L. 102-10, Sec. 5(4), Mar. 12, 1991, 105
    Stat. 30; renumbered Sec. 199D and amended Pub. L. 103-82, title I,
    Sec. 101(a), (e)(1), (5), Sept. 21, 1993, 107 Stat. 788, 815, 816.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12544 of this title
    prior to renumbering by Pub. L. 103-82, Sec. 101(a).


-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (a)(2)(F). Pub. L. 103-82, Sec. 101(e)(1),
    substituted "Corporation" for "Commission".
      Subsecs. (b), (c). Pub. L. 103-82, Sec. 101(e)(5), redesignated
    subsec. (c) as (b) and struck out former subsec. (b) which related
    to ineligible service categories.
      1991 - Subsec. (a)(2). Pub. L. 102-10, Sec. 5(4)(A), substituted
    "youth service" for "human services" in introductory provisions.
      Subsec. (c). Pub. L. 102-10, Sec. 5(4)(B), substituted "any
    specific activity for more than a 6-month period. No participant
    shall remain enrolled in programs" for "services in any project for
    more than a 6-month period. No participant shall remain enrolled in
    projects".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
    123 of Pub. L. 103-82, set out as a note under section 1701 of
    Title 16, Conservation.

-FOOTNOTE-
    (!1) So in original. The comma probably should not appear.


-End-



-CITE-
    42 USC Sec. 12655d                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division I - American Conservation and Youth Service Corps

-HEAD-
    Sec. 12655d. Related programs

-STATUTE-
      An activity administered under the authority of the Secretary of
    Health and Human Services, that is operated for the same purpose as
    a program eligible to be carried out under this division, is
    encouraged to use services available under this division.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 199E, formerly Sec. 125, Nov. 16,
    1990, 104 Stat. 3144; renumbered Sec. 199E, Pub. L. 103-82, title
    I, Sec. 101(a), Sept. 21, 1993, 107 Stat. 788.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12545 of this title
    prior to renumbering by Pub. L. 103-82, Sec. 101(a).

-End-



-CITE-
    42 USC Sec. 12655e                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division I - American Conservation and Youth Service Corps

-HEAD-
    Sec. 12655e. Public lands or Indian lands

-STATUTE-
    (a) Limitation
      To be eligible to receive assistance through a grant provided
    under this division, a program shall carry out activities on public
    lands or Indian lands, or result in a public benefit.
    (b) Review of applications
      In reviewing applications submitted under section 12655b of this
    title that propose programs or projects to be carried out on public
    lands or Indian lands, the Corporation shall consult with the
    Secretary of the Interior.
    (c) Consistency
      A program carried out with assistance provided under this
    division for conservation, rehabilitation, or improvement of any
    public lands or Indian lands shall be consistent with - 
        (1) the provisions of law and policies relating to the
      management and administration of such lands, and all other
      applicable provisions of law; and
        (2) all management, operational, and other plans and documents
      that govern the administration of such lands.
    (d) Participation by other conservation programs
      Any land or water conservation program (or any related program)
    administered in any State under the authority of any Federal
    program is encouraged to use services available under this part
    (!1) to carry out its program.


-SOURCE-
    (Pub. L. 101-610, title I, Sec. 199F, formerly Sec. 126, Nov. 16,
    1990, 104 Stat. 3144; renumbered Sec. 199F and amended Pub. L. 103-
    82, title I, Sec. 101(a), (e)(1), (6), Sept. 21, 1993, 107 Stat.
    788, 815, 816.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in subsec. (d), is unidentifiable in the
    original because subtitle I (Secs. 199 to 199O) of title I of Pub.
    L. 101-610 does not contain parts.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12546 of this title
    prior to renumbering by Pub. L. 103-82, Sec. 101(a).


-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (b). Pub. L. 103-82, Sec. 101(e)(1), (6),
    substituted "Corporation" for "Commission" and "section 12655b of
    this title" for "section 12543 of this title".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
    123 of Pub. L. 103-82, set out as a note under section 1701 of
    Title 16, Conservation.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 12655f                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division I - American Conservation and Youth Service Corps

-HEAD-
    Sec. 12655f. Training and education services

-STATUTE-
    (a) Assessment of skills
      Each program agency shall assess the educational level of
    participants at the time of their entrance into the program, using
    any available records or simplified assessment means or methodology
    and shall, where appropriate, refer such participants for testing
    for specific learning disabilities.
    (b) Enhancement of skills
      Each program agency shall, through the programs and activities
    administered under this division, enhance the educational skills of
    participants.
    (c) Provision of pre-service and in-service training and education
      (1) Requirement
        Each program agency shall use not less than 10 percent of the
      assistance made available to such agency under this division in
      each fiscal year to provide pre-service and in-service training
      and educational materials and services for participants in such a
      program. Program participants shall be provided with information
      concerning the benefits to the community that result from the
      activities undertaken by such participants.
      (2) Agreements for academic study
        A program agency may enter into arrangements with academic
      institutions or education providers, including - 
          (A) local education agencies;
          (B) community colleges;
          (C) 4-year colleges;
          (D) area vocational-technical schools; and
          (E) community based organizations;

      to evaluate the basic skills of participants and to make academic
      study available to participants to enable such participants to
      upgrade literacy skills, to obtain high school diplomas or the
      equivalent of such diplomas, to obtain college degrees, or to
      enhance employable skills.
      (3) Counseling
        Career and educational guidance and counseling shall be
      provided to a participant during a period of in-service training
      as described in this subsection. Each graduating participant
      shall be provided with counseling with respect to additional
      study, job skills training or employment and shall be provided
      job placement assistance where appropriate.
      (4) Priority for participants without high school diplomas
        A program agency shall give priority to participants who have
      not obtained a high school diploma or the equivalent of such
      diploma, in providing services under this subsection.
    (d) Standards and procedures
      (1) Consistency with State and local requirements
        Appropriate State and local officials shall certify that
      standards and procedures with respect to the awarding of academic
      credit and the certification of educational attainment in
      programs conducted under subsection (c) of this section are
      consistent with the requirements of applicable State and local
      law and regulations.
      (2) Academic standards
        The standards and procedures described in paragraph (1) shall
      provide that an individual serving in a program that receives
      assistance under this division - 
          (A) who is not a high school graduate, participate in an
        educational curriculum so that such individual can earn a high
        school diploma or the equivalent of such diploma; and
          (B) may arrange to receive academic credit in recognition of
        the education and skills obtained from service satisfactorily
        completed.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 199G, formerly Sec. 127, Nov. 16,
    1990, 104 Stat. 3145; renumbered Sec. 199G, Pub. L. 103-82, title
    I, Sec. 101(a), Sept. 21, 1993, 107 Stat. 788.)

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

-End-



-CITE-
    42 USC Sec. 12655g                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division I - American Conservation and Youth Service Corps

-HEAD-
    Sec. 12655g. Repealed.

-MISC1-
    Sec. 12655g. Repealed. Pub. L. 103-82, title I, Sec. 101(e)(8)(A),
      Sept. 21, 1993, 107 Stat. 816.
      Section, Pub. L. 101-610, title I, Sec. 199H, formerly Sec. 128,
    Nov. 16, 1990, 104 Stat. 3146; Pub. L. 102-10, Sec. 5(5), Mar. 12,
    1991, 105 Stat. 30; renumbered Sec. 199H, Pub. L. 103-82, title I,
    Sec. 101(a), Sept. 21, 1993, 107 Stat. 788, related to amount of
    award and matching requirement.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1993, see section 123 of Pub. L. 103-82,
    set out as an Effective Date of 1993 Amendment note under section
    1701 of Title 16, Conservation.

-End-



-CITE-
    42 USC Sec. 12655h                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division I - American Conservation and Youth Service Corps

-HEAD-
    Sec. 12655h. Preference for certain projects

-STATUTE-
    (a) In general
      In the consideration of applications submitted under section
    12655b of this title, the Corporation shall give preference to
    programs that - 
        (1) will provide long-term benefits to the public;
        (2) will instill a work ethic and a sense of public service in
      the participants;
        (3) will be labor intensive, and involve youth operating in
      crews;
        (4) can be planned and initiated promptly; and
        (5) will enhance skills development and educational level and
      opportunities for the participants.
    (b) Special rule
      In the consideration of applications under this division the
    Corporation shall ensure the equitable treatment of both urban and
    rural areas.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 199H, formerly Sec. 129, Nov. 16,
    1990, 104 Stat. 3146; renumbered Sec. 199I, renumbered Sec. 199H,
    and amended Pub. L. 103-82, title I, Sec. 101(a), (e)(1), (7),
    (8)(B), Sept. 21, 1993, 107 Stat. 788, 815, 816.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12549 of this title
    prior to renumbering by Pub. L. 103-82, Sec. 101(a).


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 199H of Pub. L. 101-610 was classified to section
    12655g of this title prior to repeal by Pub. L. 103-82, Sec.
    101(e)(8)(A).

                                AMENDMENTS                            
      1993 - Subsec. (a). Pub. L. 103-82, Sec. 101(e)(1), (7), in
    introductory provisions, substituted "Corporation" for "Commission"
    and "section 12655b" for "section 12543".
      Subsec. (b). Pub. L. 103-82, Sec. 101(e)(1), substituted
    "Corporation" for "Commission".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
    123 of Pub. L. 103-82, set out as a note under section 1701 of
    Title 16, Conservation.

-End-



-CITE-
    42 USC Sec. 12655i                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division I - American Conservation and Youth Service Corps

-HEAD-
    Sec. 12655i. Age and citizenship criteria for enrollment

-STATUTE-
    (a) Age and citizenship
      Enrollment in programs that receive assistance under this
    division shall be limited to individuals who, at the time of
    enrollment, are - 
        (1) not less than 16 years nor more than 25 years of age,
      except that summer programs may include individuals not less than
      14 years nor more than 21 years of age at the time of the
      enrollment of such individuals; and
        (2) citizens or nationals of the United States or lawful
      permanent resident aliens of the United States.
    (b) Participation of disadvantaged youth
      Programs that receive assistance under this division shall ensure
    that educationally and economically disadvantaged youth, including
    youth in foster care who are becoming too old for foster care,
    youth with disabilities, youth with limited English proficiency,
    youth with limited basic skills or learning disabilities and
    homeless youth, are offered opportunities to enroll.
    (c) Special corps members
      Notwithstanding subsection (a)(1) of this section, program
    agencies may enroll a limited number of special corps members over
    age 25 so that the corps may draw on their special skills to
    fulfill the purposes of this chapter. Programs are encouraged to
    consider senior citizens as special corps members.
    (d) Joint projects with senior citizens organizations
      Program agencies shall use not more than 2 percent of amounts
    received under this division to conduct joint projects with senior
    citizens organizations to enable senior citizens to serve as
    mentors for youth participants.
    (e) Construction
      Nothing in subsection (a) of this section shall be construed to
    prohibit any program agency from limiting enrollment to any age
    subgroup within the range specified in subsection (a)(1) of this
    section.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 199I, formerly Sec. 130, Nov. 16,
    1990, 104 Stat. 3146; Pub. L. 102-384, Sec. 6, Oct. 5, 1992, 106
    Stat. 1456; renumbered Sec. 199J, renumbered Sec. 199I, Pub. L. 103-
    82, title I, Sec. 101(a), (e)(8)(B), Sept. 21, 1993, 107 Stat.
    788, 816.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (c), was in the original
    "this Act", meaning Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127,
    as amended, known as the National and Community Service Act of
    1990, which is classified principally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 12501 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12550 of this title
    prior to renumbering by Pub. L. 103-82, Sec. 101(a).


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (a)(1). Pub. L. 102-384 substituted "14" for "15".

-End-



-CITE-
    42 USC Sec. 12655j                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division I - American Conservation and Youth Service Corps

-HEAD-
    Sec. 12655j. Use of volunteers

-STATUTE-
      Program agencies may use volunteer services for purposes of
    assisting projects carried out under this division and may expend
    funds made available for those purposes to the agency, including
    funds made available under this division, to provide for services
    or costs incidental to the utilization of such volunteers,
    including transportation, supplies, lodging, recruiting, training,
    and supervision. The use of volunteer services under this section
    shall be subject to the condition that such use does not result in
    the displacement of any participant.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 199J, formerly Sec. 131, Nov. 16,
    1990, 104 Stat. 3147; renumbered Sec. 199K, renumbered Sec. 199J,
    Pub. L. 103-82, title I, Sec. 101(a), (e)(8)(B), Sept. 21, 1993,
    107 Stat. 788, 816.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12551 of this title
    prior to renumbering by Pub. L. 103-82, Sec. 101(a).

-End-



-CITE-
    42 USC Sec. 12655k                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division I - American Conservation and Youth Service Corps

-HEAD-
    Sec. 12655k. Repealed.

-MISC1-
    Sec. 12655k. Repealed. Pub. L. 103-82, title I, Sec. 101(e)(8)(A),
      Sept. 21, 1993, 107 Stat. 816.
      Section, Pub. L. 101-610, title I, Sec. 199L, formerly Sec. 132,
    Nov. 16, 1990, 104 Stat. 3147; renumbered Sec. 199L, Pub. L. 103-
    82, title I, Sec. 101(a), Sept. 21, 1993, 107 Stat. 788, related
    to post-service benefits.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1993, see section 123 of Pub. L. 103-82,
    set out as an Effective Date of 1993 Amendment note under section
    1701 of Title 16, Conservation.

-End-



-CITE-
    42 USC Sec. 12655l                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division I - American Conservation and Youth Service Corps

-HEAD-
    Sec. 12655l. Living allowance

-STATUTE-
    (a) Full-time service
      (1) Living allowance required
        Subject to paragraph (3), each participant in a full-time youth
      corps program that receives assistance under this division shall
      receive a living allowance in an amount equal to or greater than
      the average annual subsistence allowance provided to VISTA
      volunteers under section 4955 of this title.
      (2) Limitation on Federal share
        The amount of the annual living allowance provided under
      paragraph (1) that may be paid using assistance provided under
      this division, section 12571 of this title, and any other Federal
      funds shall not exceed 85 percent of the total average annual
      subsistence allowance provided to VISTA volunteers under section
      4955 of this title.
      (3) Maximum living allowance
        The total amount of an annual living allowance that may be
      provided to a participant in a full-time youth corps program that
      receives assistance under this division shall not exceed 200
      percent of the average annual subsistence allowance provided to
      VISTA volunteers under section 4955 of this title.
      (4) Waiver or reduction of living allowance
        The Corporation may waive or reduce the requirement of
      paragraph (1) with respect to such national service program if
      such program demonstrates that - 
          (A) such requirement is inconsistent with the objectives of
        the program; and
          (B) the amount of the living allowance that will be provided
        to each full-time participant is sufficient to meet the
        necessary costs of living (including food, housing, and
        transportation) in the area in which the program is located.
      (5) Exemption
        The requirement of paragraph (1) shall not apply to any program
      that was in existence on September 21, 1993.
    (b) Reduction in existing program benefits
      (1) In general
        Nothing in this section shall be construed to require a program
      in existence on November 16, 1990, to decrease any stipends,
      salaries, or living allowances provided to participants under
      such program so long as the amount of any such stipends,
      salaries, or living allowances that is in excess of the levels
      provided for in this section are paid from non-Federal sources.
      (2) Fair Labor Standards Act of 1938
        For purposes of the Fair Labor Standards Act of 1938 [29 U.S.C.
      201 et seq.], residential youth corps programs under this
      division will be considered an organized camp.
    (c) Health insurance
      In addition to the living allowance provided under subsection (a)
    of this section, program agencies are encouraged to provide health
    insurance to each participant in a full-time youth corps program
    who does not otherwise have access to health insurance.
    (d) Facilities, services, and supplies
      (1) In general
        The program agency may deduct, from amounts provided under
      subsection (a) of this section to a participant, a reasonable
      portion of the costs of the rates for any room and board that is
      provided for such participant at a residential facility. Such
      deducted funds shall be deposited into rollover accounts that
      shall be used solely to defray the costs of room and board for
      participants.
      (2) Evaluation
        The program agency shall establish the amount of the deductions
      and rates under paragraph (1) after evaluating the costs of
      providing such room and board to the participant.
      (3) Duties of program agency
        A program agency may provide facilities, quarters, and board
      and shall provide limited and emergency medical care,
      transportation from administrative facilities to work sites,
      accommodations for individuals with disabilities, and other
      appropriate services, supplies, and equipment to each
      participant.
      (4) Other Federal agencies
        (A) In general
          The Corporation may provide services, facilities, supplies,
        and equipment, including any surplus food and equipment
        available from other Federal programs, to any program agency
        carrying out projects under this division.
        (B) Secretary of Defense
          Whenever possible, the Corporation shall make arrangements
        with the Secretary of Defense to have logistical support
        provided by a military installation near the work site,
        including the provision of temporary tent centers where needed,
        and other supplies and equipment.
      (5) Health and safety standards
        The Corporation and program agencies shall establish standards
      and enforcement procedures concerning the health and safety of
      participants for all projects, consistent with Federal, State,
      and local health and safety standards.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 199K, formerly Sec. 133, Nov. 16,
    1990, 104 Stat. 3147; Pub. L. 102-10, Sec. 5(6), Mar. 12, 1991, 105
    Stat. 30; renumbered Sec. 199M, renumbered Sec. 199K, and amended
    Pub. L. 103-82, title I, Sec. 101(a), (d), (e)(1), (8)(B), Sept.
    21, 1993, 107 Stat. 788, 814-816.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Fair Labor Standards Act of 1938, referred to in subsec.
    (b)(2), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended,
    which is classified principally to chapter 8 (Sec. 201 et seq.) of
    Title 29, Labor. For complete classification of this Act to the
    Code, see section 201 of Title 29 and Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12553 of this title
    prior to renumbering by Pub. L. 103-82, Sec. 101(a).


-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (a). Pub. L. 103-82, Sec. 101(d), added pars. (1)
    to (5) and struck out former pars. (1) and (2) which read as
    follows:
      "(1) In general. - From assistance provided under this part, each
    participant in a full-time youth corps program that receives
    assistance under this part shall receive a living allowance of not
    more than an amount equal to 100 percent of the poverty line for a
    family of two (as defined in section 9902(2) of this title).
      "(2) Non-federal sources. - Notwithstanding paragraph (1), a
    program agency may provide participants with additional amounts
    that are made available from non-Federal sources."
      Subsec. (d)(4)(A), (B), (5). Pub. L. 103-82, Sec. 101(e)(1),
    substituted "Corporation" for "Commission".
      1991 - Subsec. (d)(1). Pub. L. 102-10 substituted "subsection
    (a)" for "subsections (a) and (c)".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
    123 of Pub. L. 103-82, set out as a note under section 1701 of
    Title 16, Conservation.

-End-



-CITE-
    42 USC Sec. 12655m                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division I - American Conservation and Youth Service Corps

-HEAD-
    Sec. 12655m. Joint programs

-STATUTE-
    (a) Development
      The Corporation may develop, in cooperation with the heads of
    other Federal agencies, regulations designed to permit, where
    appropriate, joint programs in which activities supported with
    assistance made available under this division are coordinated with
    activities supported with assistance made available under programs
    administered by the heads of such agencies (including title I of
    the Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.]).
    (b) Standards
      Regulations promulgated under subsection (a) of this section
    shall establish standards for the approval of joint programs that
    meet both the purposes of this subchapter and the purposes of such
    statutes under which assistance is made available to support such
    projects.
    (c) Operation of management agreements
      Program agencies may enter into contracts and other appropriate
    arrangements with local government agencies and nonprofit
    organizations for the operation or management of any projects or
    facilities under the program.
    (d) Coordination
      The Corporation and program agencies carrying out programs under
    this division shall coordinate the programs with related Federal,
    State, local, and private activities.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 199L, formerly Sec. 134, Nov. 16,
    1990, 104 Stat. 3148; renumbered Sec. 199N, renumbered Sec. 199L,
    and amended Pub. L. 103-82, title I, Sec. 101(a), (e)(1), (8)(B),
    Sept. 21, 1993, 107 Stat. 788, 815, 816; Pub. L. 105-277, div. A,
    Sec. 101(f) [title VIII, Sec. 405(d)(42)(C), (f)(33)(B)], Oct. 21,
    1998, 112 Stat. 2681-337, 2681-428, 2681-434.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Workforce Investment Act of 1998, referred to in subsec. (a),
    is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. Title
    I of the Act is classified principally to chapter 30 (Sec. 2801 et
    seq.) of Title 29, Labor. For complete classification of this Act
    to the Code, see Short Title note set out under section 9201 of
    Title 20, Education, and Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12554 of this title
    prior to renumbering by Pub. L. 103-82, Sec. 101(a).


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 199L of Pub. L. 101-610 was classified to section
    12655k of this title prior to repeal by Pub. L. 103-82, Sec.
    101(e)(8)(A).

                                AMENDMENTS                            
      1998 - Subsec. (a). Pub. L. 105-277, Sec. 101(f) [title VIII,
    Sec. 405(f)(33)(B)], struck out "the Job Training Partnership Act
    and" after "(including".
      Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(42)(C)],
    substituted "the Job Training Partnership Act and title I of the
    Workforce Investment Act of 1998" for "the Job Training Partnership
    Act (29 U.S.C. 1501 et seq.)".
      1993 - Subsecs. (a), (d). Pub. L. 103-82, Sec. 101(e)(1),
    substituted "Corporation" for "Commission".

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by section 101(f) [title VIII, Sec. 405(d)(42)(C)] of
    Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section
    101(f) [title VIII, Sec. 405(f)(33)(B)] of Pub. L. 105-277
    effective July 1, 2000, see section 101(f) [title VIII, Sec.
    405(g)(1), (2)(B)] of Pub. L. 105-277, set out as a note under
    section 3502 of Title 5, Government Organization and Employees.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
    123 of Pub. L. 103-82, set out as a note under section 1701 of
    Title 16, Conservation.

-End-



-CITE-
    42 USC Sec. 12655n                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division I - American Conservation and Youth Service Corps

-HEAD-
    Sec. 12655n. Federal and State employee status

-STATUTE-
    (a) In general
      Participants and crew leaders shall be responsible to, or be the
    responsibility of, the program agency administering the program on
    which such participants, crew leaders, and volunteers work.
    (b) Non-Federal employees
      (1) In general
        Except as otherwise provided in this subsection, a participant
      or crew leader in a program that receives assistance under this
      division shall not be considered a Federal employee and shall not
      be subject to the provisions of law relating to Federal
      employment.
      (2) Work-related injury
        For purposes of subchapter I of chapter 81 of title 5, relating
      to the compensation of Federal employees for work injuries, a
      participant or crew leader serving in a program that receives
      assistance under this division shall be considered an employee of
      the United States within the meaning of the term "employee" as
      defined in section 8101 of title 5 and the provision (!1) of that
      subchapter shall apply, except - 

          (A) the term "performance of duty", as used in such
        subchapter, shall not include an act of a participant or crew
        leader while absent from the assigned post of duty of such
        participant or crew leader, except while participating in an
        activity authorized by or under the direction and supervision
        of a program agency (including an activity while on pass or
        during travel to or from such post of duty); and
          (B) compensation for disability shall not begin to accrue
        until the day following the date that the employment of the
        injured participant or crew leader is terminated.
      (3) Tort claims procedure
        For purposes of chapter 171 of title 28, relating to tort
      claims procedure, a participant or crew leaders assigned to a
      youth corps program for which a grant has been made to the
      Secretary of Agriculture, Secretary of the Interior, or the
      Director of ACTION, shall be considered an employee of the United
      States within the meaning of the term "employee of the
      government" as defined in section 2671 of such title.
      (4) Allowance for quarters
        For purposes of section 5911 of title 5, relating to allowances
      for quarters, a participant or crew leader shall be considered an
      employee of the United States within the meaning of the term
      "employee" as defined in paragraph (3) of subsection (a) of such
      section.
    (c) Availability of appropriation
      Contract authority under this division shall be subject to the
    availability of appropriations. Assistance made available under
    this division shall only be used for activities that are in
    addition to those which would otherwise be carried out in the area
    in the absence of such funds.

-SOURCE-
    (Pub. L. 101-610, title I, Sec. 199M, formerly Sec. 135, Nov. 16,
    1990, 104 Stat. 3149; renumbered Sec. 199O, renumbered Sec. 199M,
    Pub. L. 103-82, title I, Sec. 101(a), (e)(8)(B), Sept. 21, 1993,
    107 Stat. 788, 816, as amended Pub. L. 103-304, Sec. 3(b)(1), Aug.
    23, 1994, 108 Stat. 1567.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12555 of this title
    prior to renumbering by Pub. L. 103-82, Sec. 101(a).


-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-304 amended directory language of Pub. L. 103-
    82, Sec. 101(a)(3), which renumbered section 135 of Pub. L. 101-
    610 as section 199O.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-304 effective as of Oct. 1, 1993, see
    section 3(b)(10)(B) of Pub. L. 103-304, set out as a note under
    section 4953 of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of Director of ACTION Agency (including
    all related functions of any officer or employee of ACTION Agency)
    to Corporation for National and Community Service, and effective
    date of such transfer, see section 203(c), (d) of Pub. L. 103-82,
    set out as a note under section 12651 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "provisions".


-End-


-CITE-
    42 USC Division J - Miscellaneous                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division J - Miscellaneous

-HEAD-
                        DIVISION J - MISCELLANEOUS                    

-End-



-CITE-
    42 USC Sec. 12656                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
    Division J - Miscellaneous

-HEAD-
    Sec. 12656. Urban Youth Corps

-STATUTE-
    (a) Findings
      The Congress finds the following:
        (1) The rehabilitation, reclamation, and beautification of
      urban public housing, recreational sites, youth and senior
      centers, and public roads and public works facilities through the
      efforts of young people in the United States in an Urban Youth
      Corps can benefit these youths, while also benefiting their
      communities, by - 
          (A) providing them with education and work opportunities;
          (B) furthering their understanding and appreciation of the
        challenges faced by individuals residing in urban communities;
        and
          (C) providing them with a means to pay for higher education
        or to repay indebtedness they have incurred to obtain higher
        education.

        (2) A significant number of housing units for low-income
      individuals in urban areas has become substandard and unsafe and
      the deterioration of urban roadways, mass transit systems, and
      transportation facilities in the United States have contributed
      to the blight encountered in many cities in the United States.
        (3) As a result, urban housing, public works, and
      transportation resources are in need of labor intensive
      rehabilitation, reclamation, and beautification work that has
      been neglected in the past and cannot be adequately carried out
      by Federal, State, and local government at existing personnel
      levels.
        (4) Urban youth corps have established a good record of
      rehabilitating, reclaiming, and beautifying these kinds of
      resources in a cost-efficient manner, especially when they have
      worked in partnership with government housing, public works, and
      transportation authorities and agencies.
    (b) Purpose
      It is the purpose of this section - 
        (1) to perform, in a cost-effective manner, appropriate service
      projects to rehabilitate, reclaim, beautify, and improve public
      housing and public works and transportation facilities and
      resources in urban areas suffering from high rates of poverty
      where work will not be performed by existing employees;
        (2) to assist government housing, public works, and
      transportation authorities and agencies;
        (3) to expose young people in the United States to public
      service while furthering their understanding and appreciation of
      their community;
        (4) to expand educational opportunity for individuals who
      participate in the Urban Youth Corps established by this section
      by providing them with an increased ability to pursue
      postsecondary education or job training; and
        (5) to stimulate interest among young people in the United
      States in lifelong service to their communities and the United
      States.
    (c) Definitions
      For purposes of this section:
      (1) Appropriate service project
        The term "appropriate service project" means any project for
      the rehabilitation, reclamation, or beautification of urban
      public housing and public works and transportation resources or
      facilities.
      (2) Corps and Urban Youth Corps
        The term "Corps" and "Urban Youth Corps" mean the Urban Youth
      Corps established under subsection (d)(1) of this section.
      (3) Qualified urban youth corps
        The term "qualified urban youth corps" means any program
      established by a State or local government or by a nonprofit
      organization that - 
          (A) is capable of offering meaningful, full-time, productive
        work for individuals between the ages of 16 and 25, inclusive,
        in an urban or public works or transportation setting;
          (B) gives participants a mix of work experience, basic and
        life skills, education, training, and support services; and
          (C) provides participants with the opportunity to develop
        citizenship values and skills through service to their
        communities and the United States.
      (4) Secretary
        The term "Secretary" means the Secretary of Housing and Urban
      Development or the Secretary of Transportation.
      (5) State
        The term "State" means any State of the United States, the
      District of Columbia, the Commonwealth of Puerto Rico, Guam, the
      Virgin Islands of the United States, American Samoa, and the
      Commonwealth of the Northern Mariana Islands.
    (d) Establishment of Urban Youth Corps
      (1) Establishment
        There is hereby established in the Department of Housing and
      Urban Development and the Department of Transportation an Urban
      Youth Corps. The Corps shall consist of individuals between the
      ages of 16 and 25, inclusive, who are enrolled as participants in
      the Corps by the Secretary of Housing and Urban Development and
      the Secretary of Transportation. To be eligible for enrollment in
      the Corps, an individual shall satisfy the criteria specified in
      section 139(b) of the National and Community Service Act of 1990
      [42 U.S.C. 12593(b)]. The Secretaries may enroll such individuals
      in the Corps without regard to the civil service and
      classification laws, rules, or regulations of the United States.
      The Secretaries may establish a preference for the enrollment in
      the Corps of individuals who are economically, physically, or
      educationally disadvantaged.
      (2) Use of qualified urban youth corps
        The Secretaries are authorized to enter into contracts and
      cooperative agreements with any qualified urban youth corps to
      perform appropriate service projects described in paragraph (3).
      As part of the Urban Youth Corps established in the Department of
      Transportation, the Secretary of Transportation may make grants
      to States (and through States to local governments) for the
      purpose of establishing, operating, or supporting qualified urban
      youth corps that will perform appropriate service projects
      relating to transportation resources or facilities.
      (3) Service projects
        The Secretaries may each utilize the Corps or any qualified
      urban youth corps to carry out appropriate service projects that
      the Secretary involved is authorized to carry out under other
      authority of law involving public housing projects or public
      works resources or facilities.
      (4) Preference for certain projects
        In selecting an appropriate service project to be carried out
      under this section, the Secretaries shall give a preference to
      those projects which - 
          (A) will provide long-term benefits to the public;
          (B) will instill in the participant a work ethic and a sense
        of public service;
          (C) will be labor intensive;
          (D) can be planned and initiated promptly; and
          (E) will provide academic, experiential, or community
        education opportunities.
      (5) Consistency
        Each appropriate service project carried out under this section
      in any public housing project or public works resource or
      facility shall be consistent with the provisions of law and
      policies relating to the management and administration of such
      projects, facilities, or resources, with all other applicable
      provisions of law, and with all management, operational, and
      other plans and documents which govern the administration of such
      projects, facilities, or resources.
    (e) Living allowances
      The Secretaries shall provide each participant in the Urban Youth
    Corps with a living allowance in an amount not to exceed the
    maximum living allowance authorized by section 140(a)(3) of the
    National and Community Service Act of 1990 [42 U.S.C. 12594(a)(3)]
    for participants in a national service program assisted under
    subtitle C of title I of such Act [42 U.S.C. 12571 et seq.].
    (f) Terms of service
      Each participant in the Urban Youth Corps shall agree to
    participate in the Corps for a term of service established by the
    Secretary involved, consistent with the terms of service required
    under section 139(b) of the National and Community Service Act of
    1990 [42 U.S.C. 12593(b)] for participants in a national service
    program assisted under subtitle C of title I of such Act [42 U.S.C.
    12571 et seq.].
    (g) Educational awards
      (1) Eligibility
        Each participant in the Urban Youth Corps shall be eligible for
      a national service educational award in the manner prescribed in
      subtitle D of title I of the National and Community Service Act
      of 1990 [42 U.S.C. 12601 et seq.] if such participant complies
      with such requirements as may be established under this subtitle
      by the Secretary involved respecting eligibility for the award.
      The period during which the award may be used, the purposes for
      which the award may be used, and the amount of the award shall be
      determined as provided under such subtitle.
      (2) Forbearance in the collection of Stafford loans
        For purposes of section 1078 of title 20, in the case of
      borrowers who are participants in the Urban Youth Corps, upon
      written request, a lender shall grant a borrower forbearance on
      such terms as are otherwise consistent with the regulations of
      the Secretary of Education, during periods in which the borrower
      is serving as such a participant and eligible for a national
      service educational award under paragraph (1).
    (h) Nondisplacement
      The nondisplacement requirements of section 177 of the National
    and Community Service Act of 1990 [42 U.S.C. 12637] shall be
    applicable to all activities carried out by the Urban Youth Corps
    and to all activities carried out under this section by a qualified
    urban youth corps.
    (i) Cost sharing
      (1) Projects by qualified urban youth corps
        The Secretaries are each authorized to pay not more than 75
      percent of the costs of any appropriate service project carried
      out pursuant to this section by a qualified urban youth corps.
      The remaining 25 percent of the costs of such a project may be
      provided from nonfederal sources in the form of funds, services,
      facilities, materials, equipment, or any combination of the
      foregoing.
      (2) Donations
        The Secretaries are each authorized to accept donations of
      funds, services, facilities, materials, or equipment for the
      purposes of operating the Urban Youth Corps and carrying out
      appropriate service projects by the Corps. However, nothing in
      this section shall be construed to require any cost sharing for
      any project carried out directly by the Corps.
      (3) Funds available under National and Community Service Act
        In order to carry out the Urban Youth Corps or to support
      qualified urban youth corps under this section, the Secretaries
      shall be eligible to apply for and receive assistance under
      section 121(b) of the National and Community Service Act of 1990
      [42 U.S.C. 12571(b)].

-SOURCE-
    (Pub. L. 103-82, title I, Sec. 106, Sept. 21, 1993, 107 Stat. 854.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil service laws, referred to in subsec. (d)(1), are set
    forth in Title 5, Government Organization and Employees. See,
    particularly, section 3301 et seq. of Title 5.
      The classification laws, referred to in subsec. (d)(1), are
    classified to chapter 51 (Sec. 5101 et seq.) and subchapter III
    (Sec. 5331 et seq.) of chapter 53 of Title 5.
      The National and Community Service Act of 1990, referred to in
    subsecs. (e), (f), and (g)(1), is Pub. L. 101-610, Nov. 16, 1990,
    104 Stat. 3127, as amended. Subtitles C and D of title I of the Act
    are classified generally to divisions C (Sec. 12571 et seq.) and D
    (Sec. 12601 et seq.), respectively, of this subchapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 12501 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the National and Community Service
    Trust Act of 1993, and not as part of the National and Community
    Service Act of 1990 which comprises this chapter.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1993, see section 123 of Pub. L. 103-
    82, set out as an Effective Date of 1993 Amendment note under
    section 1701 of Title 16, Conservation.

-End-


-CITE-
    42 USC SUBCHAPTER II - POINTS OF LIGHT FOUNDATION           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER II - POINTS OF LIGHT FOUNDATION

-HEAD-
                SUBCHAPTER II - POINTS OF LIGHT FOUNDATION            

-End-



-CITE-
    42 USC Sec. 12661                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER II - POINTS OF LIGHT FOUNDATION

-HEAD-
    Sec. 12661. Findings and purpose

-STATUTE-
    (a) Findings
      Congress finds that - 
        (1) community service and service to others is an integral part
      of American tradition;
        (2) existing volunteers and volunteer programs should be
      praised for their efforts in helping and serving others;
        (3) the definition of a successful life includes service to
      others;
        (4) individuals should be encouraged to volunteer their time
      and energies in community service efforts;
        (5) if asked to volunteer or participate in community service,
      most Americans will do so;
        (6) institutions should be encouraged to volunteer their
      resources and energies and should encourage volunteer and
      community service among their members, employees, affiliates; and
        (7) volunteer and community service programs are intended to
      complement and not replace governmental responsibilities.
    (b) Purpose
      It is the purpose of this subchapter - 
        (1) to encourage every American and every American institution
      to help solve our most critical social problems by volunteering
      their time, energies and services through community service
      projects and initiatives;
        (2) to identify successful and promising community service
      projects and initiatives, and to disseminate information
      concerning such projects and initiatives to other communities in
      order to promote their adoption nationwide; and
        (3) to discover and encourage new leaders and develop
      individuals and institutions that serve as strong examples of a
      commitment to serving others and to convince all Americans that a
      successful life includes serving others.

-SOURCE-
    (Pub. L. 101-610, title III, Sec. 302, Nov. 16, 1990, 104 Stat.
    3180.)


-MISC1-
                                SHORT TITLE                            
      For short title of title III of Pub. L. 101-610 which enacted
    this subchapter, as "The Points of Light Foundation Act", see
    section 301 of Pub. L. 101-610, set out as a note under section
    12501 of this title.

-End-



-CITE-
    42 USC Sec. 12662                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER II - POINTS OF LIGHT FOUNDATION

-HEAD-
    Sec. 12662. Authority

-STATUTE-
    (a) In general
      The President, acting through the Corporation, is authorized to
    designate a private, nonprofit organization (hereinafter referred
    to in this subchapter as the Foundation) to receive funds pursuant
    to section 12681(b) of this title in furtherance of activities
    under section 12661 of this title, upon the determination of the
    Corporation that such organization is capable of carrying out the
    undertakings described in section 12661 of this title. Any such
    designation by the Corporation shall be revocable.
    (b) Construction
      Nothing in this chapter shall be construed either - 
        (1) to cause the Foundation to be deemed an agency,
      establishment, or instrumentality of the United States
      Government; or
        (2) to cause the directors, officers or employees of the
      Foundation to be deemed officers or employees of the United
      States.

-SOURCE-
    (Pub. L. 101-610, title III, Sec. 303, Nov. 16, 1990, 104 Stat.
    3181; Pub. L. 103-82, title IV, Sec. 402(b)(4), Sept. 21, 1993, 107
    Stat. 919.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b), was in the original
    "this Act", meaning Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127,
    as amended, known as the National and Community Service Act of
    1990, which is classified principally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 12501 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (a). Pub. L. 103-82 substituted "The President,
    acting through the Corporation," for "The President", inserted "in
    furtherance of activities under section 12661 of this title" after
    "section 12681(b) of this title", and substituted "Corporation" for
    "President" in two places.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
    406(a) of Pub. L. 103-82, set out as a note under section 5061 of
    this title.

-End-



-CITE-
    42 USC Sec. 12663                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER II - POINTS OF LIGHT FOUNDATION

-HEAD-
    Sec. 12663. Grants to Foundation

-STATUTE-
    (a) In general
      Funds made available pursuant to sections 12662 and 12681(b) of
    this title shall be granted to the Foundation by a department or
    agency in the executive branch of the United States Government
    designated by the President - 
        (1) to assist the Foundation in carrying out the undertakings
      described in section 12661 of this title; and
        (2) for the administrative expenses of the Foundation.
    (b) Interest earned on accounts
      Notwithstanding any other provision of law, the Foundation may
    hold funds granted to it pursuant to this subchapter in interest-
    bearing accounts, prior to the disbursement of such funds for
    purposes specified in subsection (a) of this section, and may
    retain for such purposes any interest earned on such deposits
    without returning such interest to the Treasury of the United
    States and without further appropriation by the Congress.

-SOURCE-
    (Pub. L. 101-610, title III, Sec. 304, Nov. 16, 1990, 104 Stat.
    3181.)

-End-



-CITE-
    42 USC Sec. 12664                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER II - POINTS OF LIGHT FOUNDATION

-HEAD-
    Sec. 12664. Eligibility of Foundation for grants

-STATUTE-
    (a) Compliance
      Grants may be made to the Foundation pursuant to this subchapter
    only if the Foundation agrees to comply with the requirements of
    this subchapter. If the Foundation fails to comply with the
    requirements of this subchapter, additional funds shall not be
    released until the Foundation brings itself into compliance with
    such requirements.
    (b) Activities
      The Foundation may use funds provided under this subchapter only
    for activities and programs consistent with the purposes described
    in sections 12661 and 12663 of this title.
    (c) Limitation
      The Foundation shall not issue any shares of stock or declare or
    pay any dividends.
    (d) Compensation
      No part of the funds available to the Foundation shall inure to
    the benefit of any board member, officer, or employee of the
    Foundation, except as salary or reasonable compensation for
    services or expenses. Compensation for board members shall be
    limited to reimbursement for reasonable costs of travel and
    expenses.
    (e) Conflicts of interest
      No director, officer, or employee of the Foundation shall
    participate, directly or indirectly, in the consideration or
    determination of any question before the Foundation that affects
    his or her financial interests or the financial interests of any
    corporation, partnership, entity, or organization in which he or
    she has a direct or indirect financial interest.
    (f) Political activity
      The Foundation shall not engage in lobbying or propaganda for the
    purpose of influencing legislation, and shall not participate or
    intervene in any political campaign on behalf of any candidate for
    public office.
    (g) Private sector contributions
      During the second and third fiscal years in which funds are
    provided to the Foundation under this subchapter, the Foundation
    shall raise from private sector donations an amount equal to not
    less than 25 percent of any funds provided to the Foundation under
    this subchapter in such fiscal year. Funds shall be released to the
    Foundation during such fiscal year only to the extent that the
    matching requirement of the subsection has been met.
    (h) Audit of accounts
      The accounts of the Foundation shall be audited annually by
    independent certified public accountants or independent licensed
    public accountants certified or licensed by a regulatory authority
    of a State or other political subdivision of the United States in
    accordance with generally accepted auditing standards. The
    reports,(!1) of each such independent audit shall be included in
    the annual report required by subsection (l) of this section.

    (i) Audits by agencies
      In fiscal years in which the Foundation is receiving grants under
    this subchapter, the accounts of the Foundation may be audited at
    any time by any agency designated by the President. The Foundation
    shall keep such records as will facilitate effective audits.
    (j) Congressional oversight
      In fiscal years in which the Foundation is receiving grants under
    this subchapter, the Foundation shall be subject to appropriate
    oversight procedures of Congress.
    (k) Duties
      The Foundation shall ensure - 
        (1) that recipients of financial assistance provided by the
      Foundation under this subchapter, shall keep separate accounts
      with respect to such assistance and such records as may be
      reasonably necessary to disclose fully - 
          (A) the amount and the disposition by such recipient of the
        assistance received from the Foundation;
          (B) the total cost of the project or undertaking in
        connection with which such assistance is given or used;
          (C) the amount and nature of that portion of the cost of the
        project or undertaking supplied by other sources; and
          (D) such other records as will facilitate effective audits;
        and

        (2) that the Foundation, or any of its duly authorized
      representatives including any agency designated by the President
      pursuant to subsection (i) of this section shall have access, for
      the purpose of audit and examination, to any books, documents,
      papers, and records of the recipient that are pertinent to
      assistance provided from funds granted pursuant to this
      subchapter.
    (l) Annual reports
      The Foundation shall prepare and submit to the President and to
    the appropriate Committees of Congress an annual report, that shall
    include a comprehensive and detailed description of the
    Foundation's operations, activities, financial condition, and
    accomplishments for the fiscal year preceding the year in which the
    report is submitted. Such report shall be submitted not later than
    3 months after the conclusion of any fiscal year in which the
    Foundation receives grants under this subchapter.

-SOURCE-
    (Pub. L. 101-610, title III, Sec. 305, Nov. 16, 1990, 104 Stat.
    3181.)

-FOOTNOTE-
    (!1) So in original. The comma probably should not appear.


-End-


-CITE-
    42 USC SUBCHAPTER III - PROJECTS HONORING VICTIMS OF
           TERRORIST ATTACKS                               01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER III - PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS

-HEAD-
      SUBCHAPTER III - PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS  

-End-



-CITE-
    42 USC Sec. 12671                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER III - PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS

-HEAD-
    Sec. 12671. Projects

-STATUTE-
    (a) Definition
      In this section, the term "Foundation" means the Points of Light
    Foundation funded under section 301,(!1) or another nonprofit
    private organization, that enters into an agreement with the
    Corporation to carry out this section.

    (b) Identification of projects
      (1) Estimated number
        Not later than March 1, 2002, the Foundation, after obtaining
      the guidance of the heads of appropriate Federal agencies, such
      as the Director of the Office of Homeland Security and the
      Attorney General, shall - 
          (A) make an estimate of the number of victims killed as a
        result of the terrorist attacks on September 11, 2001 (referred
        to in this section as the "estimated number"); and
          (B) compile a list that specifies, for each individual that
        the Foundation determines to be such a victim, the name of the
        victim and the State in which the victim resided.
      (2) Identified projects
        The Foundation may identify approximately the estimated number
      of community-based national and community service projects that
      meet the requirements of subsection (d) of this section. The
      Foundation may name projects in honor of victims described in
      subsection (b)(1)(A) of this section, after obtaining the
      permission of an appropriate member of the victim's family and
      the entity carrying out the project.
    (c) Eligible entities
      To be eligible to have a project named under this section, the
    entity carrying out the project shall be a political subdivision of
    a State, a business, a nonprofit organization (which may be a
    religious organization), an Indian tribe, or an institution of
    higher education.
    (d) Projects
      The Foundation shall name, under this section, projects - 
        (1) that advance the goals of unity, and improving the quality
      of life in communities; and
        (2) that will be planned, or for which implementation will
      begin, within a reasonable period after January 10, 2002, as
      determined by the Foundation.
    (e) Website and database
      The Foundation shall create and maintain websites and databases,
    to describe projects named under this section and serve as
    appropriate vehicles for recognizing the projects.

-SOURCE-
    (Pub. L. 101-610, title IV, Sec. 401, as added Pub. L. 107-117,
    div. B, Sec. 1301(b), Jan. 10, 2002, 115 Stat. 2339.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 301, referred to in subsec. (a), is section 301 of Pub.
    L. 101-610, title III, Nov. 16, 1990, 104 Stat. 3180, which is set
    out as a note under section 12501 of this title and provides the
    short title for title III of Pub. L. 101-610, which enacted
    subchapter II (Sec. 12661 et seq.) of this chapter, relating to the
    Points of Light Foundation and its funding.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12671, Pub. L. 101-610, title IV, Sec. 401, Nov.
    16, 1990, 104 Stat. 3183, stated sense of Congress concerning State
    enactment of model Good Samaritan Food Donation Act, prior to
    repeal by Pub. L. 104-210, Sec. 1(a)(1), Oct. 1, 1996, 110 Stat.
    3011.
      A prior section 12672, Pub. L. 101-610, title IV, Sec. 402, Nov.
    16, 1990, 104 Stat. 3183, which set forth the model Good Samaritan
    Food Donation Act, was renumbered section 22 of the Child Nutrition
    Act of 1966 by Pub. L. 104-210, Sec. 1(b), Oct. 1, 1996, 110 Stat.
    3012, and is classified to section 1791 of this title.
      A prior section 12673, Pub. L. 101-610, title IV, Sec. 403, Nov.
    16, 1990, 104 Stat. 3185, provided that model Good Samaritan Food
    Donation Act was intended only to serve as model law for enactment
    by States, District of Columbia, Commonwealth of Puerto Rico, and
    territories and possessions of United States, and that enactment of
    section 12672 of this title was to have no force or effect in law,
    prior to repeal by Pub. L. 104-210, Sec. 1(a)(1), Oct. 1, 1996, 110
    Stat. 3011.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-


-CITE-
    42 USC SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS      01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

-HEAD-
              SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS          

-End-



-CITE-
    42 USC Sec. 12681                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

-HEAD-
    Sec. 12681. Authorization of appropriations

-STATUTE-
    (a) Subchapter I
      (1) Division B
        (A) In general
          There are authorized to be appropriated to provide financial
        assistance under division B of subchapter I of this chapter,
        $45,000,000 for fiscal year 1994 and such sums as may be
        necessary for each of the fiscal years 1995 through 1996.
        (B) Programs
          Of the amount appropriated under subparagraph (A) for a
        fiscal year - 
            (i) not more than 63.75 percent shall be available to
          provide financial assistance under subpart A of part I of
          division B of subchapter I of this chapter;
            (ii) not more than 11.25 percent shall be available to
          provide financial assistance under subpart B of part I of
          such division; and
            (iii) not more than 25 percent shall be available to
          provide financial assistance under part II of such division.
      (2) Divisions C, D, and H
        (A) In general
          There are authorized to be appropriated to provide financial
        assistance under divisions C and H of subchapter I of this
        chapter, to provide national service educational awards under
        division D of subchapter I of this chapter, and to carry out
        such audits and evaluations as the Chief Executive Officer or
        the Inspector General of the Corporation may determine to be
        necessary, $300,000,000 for fiscal year 1994, $500,000,000 for
        fiscal year 1995, and $700,000,000 for fiscal year 1996.
        (B) Programs
          Of the amount appropriated under subparagraph (A) for a
        fiscal year, up to 15 percent shall be made available to
        provide financial assistance under section 12575 of this title,
        under subsections (b) and (c) of section 12576 of this title,
        and under division H of subchapter I of this chapter.
      (3) Division E
        There are authorized to be appropriated to provide financial
      assistance under division E of subchapter I of this chapter, such
      sums as may be necessary for each of the fiscal years 1995
      through 1996.
      (4) Administration
        (A) In general
          There are authorized to be appropriated for the
        administration of this chapter $40,000,000 for fiscal year
        1994, $60,000,000 for fiscal year 1995, and $70,000,000 for
        fiscal year 1996.
        (B) Corporation
          Of the amounts appropriated under subparagraph (A) for a
        fiscal year - 
            (i) up to 60 percent shall be made available to the
          Corporation for the administration of this chapter; and
            (ii) the remainder shall be available to provide financial
          assistance under section 12576(a) of this title.
    (b) Subchapter II
      There are authorized to be appropriated to carry out subchapter
    II of this chapter $5,000,000 for each of the fiscal years 1994
    through 1996.
    (c) Availability of appropriations
      Funds appropriated under this section shall remain available
    until expended.
    (d) Specification of budget function
      The authorizations of appropriations contained in this section
    shall be considered to be a component of budget function 500 as
    used by the Office of Management and Budget to cover education,
    training, employment, and social services, and, as such, shall be
    considered to be related to the programs of the Departments of
    Labor, Health and Human Services, and Education for budgetary
    purposes.

-SOURCE-
    (Pub. L. 101-610, title V, Sec. 501, Nov. 16, 1990, 104 Stat. 3185;
    Pub. L. 102-384, Sec. 11, Oct. 5, 1992, 106 Stat. 1459; Pub. L. 103-
    82, title III, Sec. 301(a), Sept. 21, 1993, 107 Stat. 897.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a)(4), was in the original
    "this Act", meaning Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127,
    as amended, which is classified principally to this chapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 12501 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1993 - Pub. L. 103-82 amended section generally, substituting
    subsecs. (a) to (d) for former subsecs. (a) and (b) which
    authorized appropriations to carry out subchapter I for fiscal year
    1993 and subchapter II for fiscal years 1991 to 1993.
      1992 - Subsec. (a)(1). Pub. L. 102-384, Sec. 11(a), amended par.
    (1) generally. Prior to amendment, par. (1) read as follows: "There
    are authorized to be appropriated to carry out subchapter I of this
    chapter, $56,000,000 for fiscal year 1991, $95,500,000 for fiscal
    year 1992, and $105,000,000 for fiscal year 1993."
      Subsec. (a)(2). Pub. L. 102-384, Sec. 11(b), substituted
    "paragraph (1)(A)" for "paragraph (1)" in introductory provisions,
    redesignated subpars. (B) to (D) as (A) to (C), respectively, added
    subpar. (D), and struck out former subpar. (A) which read as
    follows: "$2,000,000 shall be made available to carry out part G of
    subchapter I of this chapter in each such fiscal year;".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Section 301(b) of Pub. L. 103-82 provided that: "The amendment
    made by subsection (a) [amending this section] shall take effect on
    October 1, 1993."

-End-



-CITE-
    42 USC Sec. 12682                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
    SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

-HEAD-
    Sec. 12682. Actions under national service laws to be subject to
      availability of appropriations

-STATUTE-
      No action involving the obligation or expenditure of funds may be
    taken under one of the national service laws (as defined in section
    12511(15) of this title) unless and until the Corporation for
    National and Community Service has sufficient appropriations
    available at the time such action is taken to satisfy the
    obligation to be incurred or make the expenditure to be made.

-SOURCE-
    (Pub. L. 103-82, title II, Sec. 205, Sept. 21, 1993, 107 Stat.
    897.)

-COD-
                               CODIFICATION                           
      Section enacted as part of the National and Community Service
    Trust Act of 1993, and not as part of the National and Community
    Service Act of 1990 which comprises this chapter.

-End-