Collapse to view only § 12624. Evaluations
- § 12511. Definitions
- § 12512. Repealed.
- § 12513. Study of program effectiveness
- § 12601. Establishment of the National Service Trust
- § 12601a. Transfer of funds; notice to Congress
- § 12602. Individuals eligible to receive an educational award from the Trust
- § 12602a. Certifications of successful completion of terms of service
- § 12603. Determination of the amount of the educational award
- § 12604. Disbursement of educational awards
- § 12605. Repealed.
- § 12606. Approval process for approved positions
- § 12611. Purpose
- § 12612. Establishment of National Civilian Community Corps Program
- § 12613. National service program
- § 12614. Summer national service program
- § 12615. National 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 Department of Defense
- § 12623. Advisory Board
- § 12624. Evaluations
- § 12625. Repealed.
- § 12626. Definitions
- § 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
- § 12639a. Civic Health Assessment and volunteering research and evaluation
- § 12640. Engagement of participants
- § 12641. Contingent extension
- § 12642. Partnerships with schools
- § 12643. Rights of access, examination, and copying
- § 12644. Drug-free workplace requirements
- § 12644a. Availability of assistance
- § 12644b. Consolidated application and reporting requirements
- § 12645. Sustainability
- § 12645a. Grant periods
- § 12645b. Generation of volunteers
- § 12645c. Limitation on program grant costs
- § 12645d. Matching funds for severely economically distressed communities
- § 12645e. Audits and reports
- § 12645f. Restrictions on Federal Government and use of Federal funds
- § 12645g. Criminal history checks
- § 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
- § 12651i. VISTA Advance Payments Revolving Fund
- § 12651j. Assignment to State Commissions
- § 12651k. Study of involvement of veterans
- § 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
- § 12656. Urban Youth Corps
- § 12657. Training and technical assistance
§ 12511. DefinitionsFor purposes of this subchapter:
(1) Adult volunteerThe term “adult volunteer” means an individual, such as an older adult, an individual with a disability, a parent, or an employee of a business or public or private nonprofit organization, who—
(A) works without financial remuneration in an educational institution to assist students or out-of-school youth; and
(B) is beyond the age of compulsory school attendance in the State in which the educational institution is located.
(2) Alaska Native-serving institution
(3) Approved national service position
(4) Approved silver scholar position
(5) Approved summer of service position
(6) Asian American and Native American Pacific Islander-serving institution
(7) Authorizing committees
(8) Carry out
(9) Chief Executive Officer
(10) Community-based agencyThe 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.
(11) Community-based entityThe term “community-based entity” means a public or private nonprofit organization that—
(A) has experience with meeting unmet human, educational, environmental, or public safety needs; and
(B) meets other such criteria as the Chief Executive Officer may establish.
(12) Corporation
(13) Disadvantaged youthThe term “disadvantaged youth” includes those youth who are economically disadvantaged and 1 or more of the following:
(A) Who are out-of-school youth, including out-of-school youth who are unemployed.
(B) Who are in or aging out of foster care.
(C) Who have limited English proficiency.
(D) Who are homeless or who have run away from home.
(E) Who are at-risk to leave secondary school without a diploma.
(F) Who are former juvenile offenders or at risk of delinquency.
(G) Who are individuals with disabilities.
(14) Economically disadvantaged
(15) Elementary school
(16) Encore service programThe term “encore service program” means a program, carried out by an eligible entity as described in subsection (a), (b), or (c) of section 12572 of this title, that—
(A) involves a significant number of participants age 55 or older in the program; and
(B) takes advantage of the skills and experience that such participants offer in the design and implementation of the program.
(17) Hispanic-serving institution
(18) Historically black college or university
(19) Indian
(20) Indian lands
(21) Indian tribeThe term “Indian tribe” means—
(A) an Indian tribe, band, nation, or other organized group or community, including—
(i) any Native village, as defined in section 1602(c) of title 43, whether organized traditionally or pursuant to the Act of June 18, 1934 (commonly known as the “Indian Reorganization Act”; 48 Stat. 984, chapter 576; 25 U.S.C 461 et seq.); 1
1 See References in Text note below.
and(ii) any Regional Corporation or Village Corporation, as defined in subsection (g) or (j), respectively, of section 1602 of title 43,
that is recognized as eligible for the special programs and services provided by the United States under Federal law to Indians because of their status as Indians; and
(B) any tribal organization controlled, sanctioned, or chartered by an entity described in subparagraph (A).
(22) Individual with a disability
(23) Institution of higher education
(24) Local educational agency
(25) Medically underserved population
(26) National service laws
(27) Native American-serving, nontribal institution
(28) Native Hawaiian-serving institution
(29) Out-of-school youthThe 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.
(30) Participant
(A) In generalThe term “participant” means—
(i) for purposes of division C, an individual in an approved national service position; and
(ii) for purposes of any other provision of this chapter, an individual enrolled in a program that receives assistance under this subchapter.
(B) Rule
(31) Partnership program
(32) Predominantly Black Institution
(33) Principles of scientific researchThe term “principles of scientific research” means principles of research that—
(A) apply rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to the subject matter involved;
(B) present findings and make claims that are appropriate to, and supported by, the methods that have been employed; and
(C) include, appropriate to the research being conducted—
(i) use of systematic, empirical methods that draw on observation or experiment;
(ii) use of data analyses that are adequate to support the general findings;
(iii) reliance on measurements or observational methods that provide reliable and generalizable findings;
(iv) strong claims of causal relationships, only with research designs that eliminate plausible competing explanations for observed results, such as, but not limited to, random-assignment experiments;
(v) presentation of studies and methods in sufficient detail and clarity to allow for replication or, at a minimum, to offer the opportunity to build systematically on the findings of the research;
(vi) acceptance by a peer-reviewed journal or critique by a panel of independent experts through a comparably rigorous, objective, and scientific review; and
(vii) consistency of findings across multiple studies or sites to support the generality of results and conclusions.
(34) Program
(35) Project
(36) Qualified organization
(37) School-age youthThe term “school-age youth” means—
(A) individuals between the ages of 5 and 17, inclusive; and
(B) children with disabilities, as defined in section 602(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3)), who receive services under part B of such Act [20 U.S.C. 1411 et seq.].
(38) Scientifically valid research
(39) Secondary school
(40) Service-learningThe 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.
(41) Service-learning coordinator
(42) Service sponsor
(43) State
(44) State Commission
(45) State educational agency
(46) Student
(47) Territory
(48) Tribally controlled college or university
(49) Veteran
(Pub. L. 101–610, title I, § 101, Nov. 16, 1990, 104 Stat. 3129; Pub. L. 102–10, § 3, Mar. 12, 1991, 105 Stat. 29; Pub. L. 102–384, § 3, Oct. 5, 1992, 106 Stat. 1455; Pub. L. 103–82, title I, § 111(a), Sept. 21, 1993, 107 Stat. 857; Pub. L. 103–382, title III, § 394(h)(1), Oct. 20, 1994, 108 Stat. 4028; Pub. L. 105–220, title IV, § 414(g), Aug. 7, 1998, 112 Stat. 1242; Pub. L. 105–244, title I, § 102(a)(13)(K), Oct. 7, 1998, 112 Stat. 1621; Pub. L. 107–110, title X, § 1076(ff), Jan. 8, 2002, 115 Stat. 2093; Pub. L. 108–446, title III, § 305(m), Dec. 3, 2004, 118 Stat. 2806; Pub. L. 111–13, title I, § 1102, Apr. 21, 2009, 123 Stat. 1464; Pub. L. 114–95, title IX, § 9215(bbb)(1), Dec. 10, 2015, 129 Stat. 2184.)
§ 12512. Repealed. Pub. L. 103–82, title I, § 112, Sept. 21, 1993, 107 Stat. 861
§ 12513. Study of program effectiveness
(a) In general
(b) Contents
The performance measures developed under subsection (a) shall—
(1) to the maximum extent practicable draw on research-based, quantitative data;
(2) take into account program purpose and program design;
(3) include criteria to evaluate the cost effectiveness of programs receiving assistance under the national service laws;
(4) include criteria to evaluate the administration and management of programs receiving Federal assistance under the national service laws; and
(5) include criteria to evaluate oversight and accountability of recipients of assistance through such programs under the national service laws.
(c) Report
(d) Definitions
In this section:
(1) In general
(2) Program
(Pub. L. 111–13, title I, § 1712, Apr. 21, 2009, 123 Stat. 1551.)
§ 12601. Establishment of the National Service Trust
(a) EstablishmentThere 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, such amounts as the Corporation may designate to be available for the payment of—
(A) national service educational awards, summer of service educational awards, and silver scholar educational awards; and
(B) interest expenses pursuant to section 12604(e) of this title;
(2) any amounts received by the Corporation as gifts, bequests, devises, or otherwise pursuant to section 12651g(a)(2) of this title, if the terms of such donations direct that the donated amounts be deposited in the National Service Trust;
(3) any amounts recovered by the Corporation pursuant to section 12602a of this title; and
(4) the interest on, and proceeds from the sale or redemption of, any obligations held by the Trust.
(b) Investment of Trust
(c) Expenditures from TrustAmounts in the Trust shall be available, to the extent provided for in advance by appropriation, for—
(1) payments of national service educational awards, summer of service educational awards, and silver scholar educational awards in accordance with section 12604 of this title; and
(2) payments of interest in accordance with section 12604(e) of this title.
(d) Reports to the authorizing committees on receipts and expendituresNot later than March 1 of each year, the Corporation shall submit a report to the authorizing committees on the financial status of the Trust during the preceding fiscal year. Such report shall—
(1) specify the amount deposited to the Trust from the most recent appropriation to the Corporation, the amount received by the Corporation as gifts, bequests, devises, or otherwise pursuant to section 12651g(a)(2) of this title during the period covered by the report, and any amounts obtained by the Trust pursuant to subsection (a)(3);
(2) identify the number of individuals who are currently performing service to qualify, or have qualified, for national service educational awards, summer of service educational awards, or silver scholar awards;
(3) identify the number of individuals whose expectation to receive national service educational awards, summer of service educational awards, or silver scholar awards during the period covered by the report—
(A) has been reduced pursuant to section 12603(c) of this title; or
(B) has lapsed pursuant to section 12602(d) of this title; and
(4) estimate the number of additional approved national service positions, additional approved summer of service positions, and additional approved silver scholar positions that the Corporation will be able to make available on the basis of any accumulated surplus in the Trust above the amount required to provide national service educational awards, summer of service educational awards, or silver scholar awards to individuals identified under paragraph (2), including any amounts available as a result of the circumstances referred to in paragraph (3).
(Pub. L. 101–610, title I, § 145, as added Pub. L. 103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 816; amended Pub. L. 111–13, title I, § 1401(b), Apr. 21, 2009, 123 Stat. 1512.)
§ 12601a. Transfer of funds; notice to Congress
For fiscal year 2009 and thereafter, in addition to amounts otherwise provided to the National Service Trust, at no later than the end of the fifth fiscal year after the fiscal year for which funds are appropriated or otherwise made available, unobligated balances of appropriations available for grants under the National Service Trust Program under subtitle C of title I of the 1990 Act [42 U.S.C. 12571 et seq.] during such fiscal year may be transferred to the National Service Trust after notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate, if such funds are initially obligated before the expiration of their period of availability.
(Pub. L. 111–8, div. F, title IV, § 409, Mar. 11, 2009, 123 Stat. 796.)
§ 12602. Individuals eligible to receive an educational award from the Trust
(a) Eligible individualsAn individual shall receive a national service educational award, summer of service educational award, or silver scholar educational award from the National Service Trust if the organization responsible for the individual’s supervision in a national service program certifies that the individual—
(1) met the applicable eligibility requirements for the approved national service position, approved silver scholar position, or approved summer of service position, as appropriate, in which the individual served;
(2)
(A) for a full-time or part-time national service educational award, successfully completed the required term of service described in subsection (b)(1) in the approved national service position;
(B) for a partial educational award in accordance with section 12593(c) of this title—
(i) satisfactorily performed prior to being granted a release for compelling personal circumstances under such section; and
(ii) completed at least 15 percent of the required term of service described in subsection (b) for the approved national service position;
(C) for a summer of service educational award, successfully completed the required term of service described in subsection (b)(2) in an approved summer of service position, as certified through a process determined by the Corporation through regulations consistent with section 12592(f) of this title; or
(D) for a silver scholar educational award, successfully completed the required term of service described in subsection (b)(3) in an approved silver scholar position, as certified through a process determined by the Corporation through regulations consistent with section 12592(f) of this title; and
(3) is a citizen or national of the United States or lawful permanent resident alien of the United States.
(b) Term of service
(1) Approved national service position
(2) Approved summer of service position
(3) Approved silver scholar position
(c) Limitation on receipt of national service educational awards
(d) Time for use of educational award
(1) In general
(2) ExceptionThe Corporation may extend the period within which an individual may use a national service educational award, summer of service educational award, or silver scholar educational award if the Corporation determines that the individual—
(A) was unavoidably prevented from using the national service educational award, summer of service educational award, or silver scholar educational award during the original 7-year period, or 10-year period, as appropriate; or
(B) performed another term of service in an approved national service position, approved summer of service position, or approved silver scholar position during that period.
(3) Term for transferred educational awards
(e) Suspension of eligibility for drug-related offenses
(1) In general
(2) Rehabilitation
(3) First convictions
(4) “Controlled substance” defined
(5) Effective date
(f) Authority to establish demonstration programs
(Pub. L. 101–610, title I, § 146, as added Pub. L. 103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 818; amended Pub. L. 103–304, § 3(b)(4), Aug. 23, 1994, 108 Stat. 1567; Pub. L. 111–13, title I, § 1402, Apr. 21, 2009, 123 Stat. 1512.)
§ 12602a. Certifications of successful completion of terms of service
(a) Certifications
(b) Effect of erroneous certifications
(Pub. L. 101–610, title I, § 146A, as added Pub. L. 111–13, title I, § 1403, Apr. 21, 2009, 123 Stat. 1514.)
§ 12603. Determination of the amount of the educational award
(a) Amount for full-time national service
(b) Amount for part-time national service
(c) Award for partial completion of service
(d) Amount for summer of service
(e) Amount for silver scholars
(Pub. L. 101–610, title I, § 147, as added Pub. L. 103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 819; amended Pub. L. 111–13, title I, § 1404, Apr. 21, 2009, 123 Stat. 1515.)
§ 12604. Disbursement of educational awards
(a) In generalAmounts in the Trust shall be available—
(1) to repay student loans in accordance with subsection (b);
(2) to pay all or part of the cost of attendance or other educational expenses at an institution of higher education in accordance with subsection (c);
(3) to pay expenses incurred in participating in an approved school-to-work program in accordance with subsection (d);
(4) to pay expenses incurred in enrolling in an educational institution or training establishment that is approved under chapter 36 of title 38, or other applicable provisions of law, for offering programs of education, apprenticeship, or on-job training for which educational assistance may be provided by the Secretary of Veterans Affairs; and
(5) to pay interest expenses in accordance with regulations prescribed pursuant to subsection (e).
(b) Use of educational award to repay outstanding student loans
(1) Application by eligible individualsAn eligible individual under section 12602 of this title who desires to apply the national service educational award of the individual, an eligible individual under section 12602(a) of this title who served in a summer of service program and desires to apply that individual’s summer of service educational award, or an eligible individual under section 12602(a) of this title
(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
(3) Application of disbursed amounts
(4) Reports by holders
(5) Notification of individual
(6) Authority to aggregate payments
(7) “Qualified student loans” definedAs used in this subsection, the term “qualified student loans” means—
(A) any loan made, insured, or guaranteed pursuant to title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), other than a loan to a parent of a student pursuant to section 428B of such Act (20 U.S.C. 1078–2);
(B) any loan made pursuant to title VII or VIII of the Public Health Service Act [42 U.S.C. 292 et seq., 296 et seq.]; and
(C) any loan (other than a loan described in subparagraph (A) or (B)) determined by an institution of higher education to be necessary to cover a student’s educational expenses and made, insured, or guaranteed by—
(i) an eligible lender, as defined in section 435 of the Higher Education Act of 1965 (20 U.S.C. 1085);
(ii) the direct student loan program under part D of title IV of such Act (20 U.S.C. 1087a et seq.);
(iii) a State agency; or
(iv) a lender otherwise determined by the Corporation to be eligible to receive disbursements from the National Service Trust.
(8) “Holder” defined
(c) Use of educational awards to pay current educational expenses
(1) Application by eligible individual
(2) Submission of requests for payment by institutionsAn institution of higher education that receives one or more applications that comply with paragraph (1) shall submit to the Corporation a statement, in a manner prescribed by the Corporation, that—
(A) identifies each eligible individual filing an application under paragraph (1) for a disbursement of the individual’s national service educational award, summer of service educational award, or silver scholar educational award, as applicable, under this subsection;
(B) specifies the amounts for which such eligible individuals are, consistent with paragraph (6), qualified for disbursement under this subsection;
(C) certifies that—
(i) the institution of higher education has in effect a program participation agreement under section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094);
(ii) the institution’s eligibility to participate in any of the programs under title IV of such Act (20 U.S.C. 1070 et seq.) has not been limited, suspended, or terminated; and
(iii) individuals using national service educational awards, summer of service educational awards, or silver scholar educational awards, as applicable, received under this division to pay for educational costs do not comprise more than 15 percent of the total student population of the institution; and
(D) contains such provisions concerning financial compliance as the Corporation may require.
(3) Disbursement of payments
(4) Multiple disbursements required
(5) Refund rules
(6) Maximum awardThe portion of an eligible individual’s total available national service educational award, summer of service educational award, or silver scholar educational award that may be disbursed under this subsection for any period of enrollment shall not exceed the difference between—
(A) the eligible individual’s cost of attendance and other educational expenses for such period of enrollment, determined in accordance with section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll); and
(B) the student’s estimated financial assistance for such period under part A of title IV of such Act (20 U.S.C. 1070 et seq.).
(d) Use of educational award to participate in approved school-to-work programs
(e) Interest payments during forbearance on loan repayment
(f) Transfer of educational awards
(1) In general
(2) Conditions for transferAn educational award may be transferred under this subsection if—
(A)
(i) the award is a national service educational award for service in a national service program that receives a grant under division C; and
(ii) before beginning the term of service involved, the eligible individual is age 55 or older; or
(B) the award is a silver scholarship educational award under section 12653c(a) of this title.
(3) Modification or revocation
(A) In general
(B) Notice
(4) Prohibition on treatment of transferred award as marital property
(5) Death of transferor
(6) Procedures to prevent waste, fraud, or abuse
(7) Technical assistance
(8) Definition of a designated individualIn this subsection, the term “designated individual” is an individual—
(A) whom an individual who is eligible to receive a national service educational award or silver scholar educational award due to service in a program described in paragraph (2) designates to receive the educational award;
(B) who meets the eligibility requirements of paragraphs (3) and (4) of section 12602(a) of this title; and
(C) who is a child, foster child, or grandchild of the individual described in subparagraph (A).
(g) Exception
(h) “Institution of higher education” defined
(Pub. L. 101–610, title I, § 148, as added Pub. L. 103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 820; amended Pub. L. 105–244, title I, § 102(c)(2), Oct. 7, 1998, 112 Stat. 1622; Pub. L. 111–13, title I, § 1405, Apr. 21, 2009, 123 Stat. 1515.)
§ 12605. Repealed. Pub. L. 111–13, title I, § 1406(b), Apr. 21, 2009, 123 Stat. 1521
§ 12606. Approval process for approved positions
(a) Timing and recording requirements
(1) In generalNotwithstanding divisions C, D, and H, and any other provision of law, in approving a position as an approved national service position, an approved summer of service position, or an approved silver scholar position, the Corporation—
(A) shall approve the position at the time the Corporation—
(i) enters into an enforceable agreement with an individual participant to serve in a program carried out under division E of this subchapter, section 12653b or 12653c(a) of this title, or under title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.), a summer of service program described in section 12563(c)(8) of this title, or a silver scholarship program described in section 12653c(a) of this title; or
(ii) except as provided in clause (i), awards a grant to (or enters into a contract or cooperative agreement with) an entity to carry out a program for which such a position is approved under section 12573 of this title; and
(B) shall record as an obligation an estimate of the net present value of the national service educational award, summer of service educational award, or silver scholar educational award associated with the position, based on a formula that takes into consideration historical rates of enrollment in such a program, and of earning and using national service educational awards, summer of service educational awards, or silver scholar educational awards, as appropriate, for such a program and remain available.
(2) Formula
(3) Certification report
(4) ApprovalThe requirements of this subsection shall apply to each approved national service position, approved summer of service position, or approved silver scholarship position that the Corporation approves—
(A) during fiscal year 2010; and
(B) during any subsequent fiscal year.
(b) Reserve account
(1) Establishment and contents
(A) Establishment
(B) ContentsTo ensure the availability of adequate funds to support the awards of approved national service positions, approved summer of service positions, and approved silver scholar positions, for each fiscal year, the Corporation shall place in the account—
(i) during fiscal year 2010, a portion of the funds that were appropriated for fiscal year 2010 or a previous fiscal year under section 12681 of this title or section 501 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5081), were made available to carry out division C, D, or E of this subchapter, section 12653b or 12653c(a) of this title, subtitle A 1
1 See References in Text note below.
of title I of the Domestic Volunteer Service Act of 1973, or summer of service programs described in section 12563(c)(8) of this title, and remain available; and(ii) during fiscal year 2011 or a subsequent fiscal year, a portion of the funds that were appropriated for that fiscal year under section 12681 of this title or section 501 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5081), were made available to carry out division C, D, or E of this subchapter, section 12653b or 12653c(a) of this title, subtitle A 1 of title I of the Domestic Volunteer Service Act of 1973, or summer of service programs described in section 12563(c)(8) of this title, and remain available.
(2) ObligationThe Corporation shall not obligate the funds in the reserve account until the Corporation—
(A) determines that the funds will not be needed for the payment of national service educational awards associated with previously approved national service positions, summer of service educational awards associated with previously approved summer of service positions, and silver scholar educational awards associated with previously approved silver scholar positions; or
(B) obligates the funds for the payment of national service educational awards for such previously approved national service positions, summer of service educational awards for such previously approved summer of service positions, or silver scholar educational awards for such previously approved silver scholar positions, as applicable.
(c) Audits
(d) Availability of amounts
(Pub. L. 101–610, title I, § 149, as added Pub. L. 111–13, title I, § 1406(a), Apr. 21, 2009, 123 Stat. 1519.)
§ 12611. Purpose
It is the purpose of this division to authorize the operation of, and support for, residential and other service programs that combine the best practices of civilian service with the best aspects of military service, including leadership and team building, to meet national and community needs. The needs to be met under such programs include those needs related to—
(1) natural and other disasters;
(2) infrastructure improvement;
(3) environmental stewardship and conservation;
(4) energy conservation; and
(5) urban and rural development.
(Pub. L. 101–610, title I, § 151, formerly § 195, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2522; renumbered § 151, Pub. L. 103–82, title I, § 104(b), Sept. 21, 1993, 107 Stat. 840; amended Pub. L. 111–13, title I, § 1501, Apr. 21, 2009, 123 Stat. 1521.)
§ 12612. Establishment of National Civilian Community Corps Program
(a) In general
(b) Program components
Under the National Civilian Community Corps Program authorized by subsection (a), the members of a National Civilian Community Corps shall receive training and perform service in at least one of the following two program components:
(1) A national service program.
(2) A summer national service program.
(c) Residential components
(Pub. L. 101–610, title I, § 152, formerly § 195A, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2523; renumbered § 152 and amended Pub. L. 103–82, title I, § 104(b), title IV, § 402(b)(2), Sept. 21, 1993, 107 Stat. 840, 919; Pub. L. 111–13, title I, § 1502, Apr. 21, 2009, 123 Stat. 1521.)
§ 12613. National service program
(a) In general
(b) Eligible participants
A person shall be eligible for selection for the national service program if the person—
(1) is, or will be, at least 18 years of age on or before December 31 of the calendar year in which the individual enrolls in the program, but is not more than 24 years of age as of the date the individual begins participating in the program; and
(2) is a high school graduate or has not received a high school diploma or its equivalent.
(c) Diverse backgrounds of participants
(d) Period of participation
(Pub. L. 101–610, title I, § 153, formerly § 195B, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2523; renumbered § 153 and amended Pub. L. 103–82, title I, § 104(b), (e)(2)(A), Sept. 21, 1993, 107 Stat. 840, 846; Pub. L. 111–13, title I, § 1503, Apr. 21, 2009, 123 Stat. 1521.)
§ 12614. Summer national service program
(a) In general
(b) Necessary participants
(c) Seasonal program
(Pub. L. 101–610, title I, § 154, formerly § 195C, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2524; renumbered § 154 and amended Pub. L. 103–82, title I, § 104(b), (e)(2)(B), Sept. 21, 1993, 107 Stat. 840, 847; Pub. L. 111–13, title I, § 1504, Apr. 21, 2009, 123 Stat. 1522.)
§ 12615. National Civilian Community Corps
(a) Director
(b) Membership in National Civilian Community Corps
(1) Participants to be members
(2) Selection of members
(3) Application for membership
(4) Team leaders
(A) In general
(B) Rights and benefits
(c) Organization of Corps into units
(1) Units
(2) Unit leaders
(d) Campuses
(1) Units to be assigned to campuses
(2) Campus director
(3) Eligible site for campus
(e) Distribution of units and campuses
(f) Standards of conduct
(1) In general
(2) Sanctions
Under procedures prescribed by the Director, the campus director of a campus may—
(A) transfer a member of the Corps in that campus to another unit or campus if the campus director determines that the retention of the member in the member’s unit or in the campus director’s campus will jeopardize the enforcement of the standards or diminish the opportunities of other Corps members in that unit or campus, as the case may be; or
(B) dismiss a member of the Corps from the Corps if the campus director determines that retention of the member in the Corps will jeopardize the enforcement of the standards or diminish the opportunities of other Corps members.
(3) Appeals
(Pub. L. 101–610, title I, § 155, formerly § 195D, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2524; renumbered § 155 and amended Pub. L. 103–82, title I, § 104(b), (e)(2)(C), title IV, § 403(b), Sept. 21, 1993, 107 Stat. 840, 847, 920; Pub. L. 103–304, § 3(b)(5)(A), Aug. 23, 1994, 108 Stat. 1567; Pub. L. 111–13, title I, § 1505, Apr. 21, 2009, 123 Stat. 1522.)
§ 12616. Training
(a) Common curriculum
(b) Advanced service training
(1) National service program
(2) Summer national service program
(c) Training personnel
(1) In general
(2) Coordination with other entities
(d) Facilities
(Pub. L. 101–610, title I, § 156, formerly § 195E, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2525; renumbered § 156 and amended Pub. L. 103–82, title I, § 104(b), (e)(2)(D), Sept. 21, 1993, 107 Stat. 840, 847; Pub. L. 111–13, title I, § 1506, Apr. 21, 2009, 123 Stat. 1524.)
§ 12617. Service projects
(a) Project requirements
The service projects carried out by the National Civilian Community Corps shall—
(1) meet an identifiable public need, with specific emphasis on projects in support of infrastructure improvement, energy conservation, and urban and rural development;
(2) emphasize the performance of community service activities that provide meaningful community benefits and opportunities for service-learning and skills development;
(3) to the maximum extent practicable, encourage work to be accomplished in teams of diverse individuals working together; and
(4) include continued education and training in various technical fields.
(b) Project proposals
(1) Development of proposals
(A) Specific executive departments
(B) Other sources
(2) Consultation requirements
(c) Project selection, organization, and performance
(1) Selection
(2) Innovative local arrangements for project performance
(Pub. L. 101–610, title I, § 157, formerly § 195F, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2526; renumbered § 157 and amended Pub. L. 103–82, title I, § 104(b), title IV, §§ 402(b)(2), 403(b), Sept. 21, 1993, 107 Stat. 840, 919, 920; Pub. L. 111–13, title I, § 1507, Apr. 21, 2009, 123 Stat. 1524.)
§ 12618. Authorized benefits for Corps members
(a) In general
(b) Living allowance
(c)
While receiving training or engaging in service projects as members of the National Civilian Community Corps, members may be provided the following benefits, as the Director determines appropriate:
(1) Allowances for travel expenses, personal expenses, and other expenses.
(2) Quarters.
(3) Subsistence.
(4) Transportation.
(5) Equipment.
(6) Uniforms.
(7) Supplies.
(8) Other services determined by the Director to be consistent with the purposes of the Program.
(d) Supportive services
(e) Post-service benefits
(f) National service educational awards
A Corps member who successfully completes a period of agreed service in the Corps may receive the national service educational award described in division D if the Corps member—
(1) serves in an approved national service position; and
(2) satisfies the eligibility requirements specified in section 12602 of this title with respect to service in that approved national service position.
(g) Alternative benefit
(Pub. L. 101–610, title I, § 158, formerly § 195G, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2526; renumbered § 158 and amended Pub. L. 103–82, title I, § 104(b), (g), title IV, § 403(b), Sept. 21, 1993, 107 Stat. 840, 847, 920; Pub. L. 111–13, title I, § 1508, Apr. 21, 2009, 123 Stat. 1525.)
§ 12619. Administrative provisions
(a) Supervision
The Chief Executive Officer shall monitor and supervise the administration of the National Civilian Community Corps Program authorized to be established under section 12612 of this title. In carrying out this section, the Chief Executive Officer shall—
(1) approve such guidelines, including those recommended by the Board, for the design, selection of members, and operation of the National Civilian Community Corps as the Chief Executive Officer considers appropriate;
(2) evaluate the progress of the Corps in providing a basis for determining the matters set forth in section 12611 of this title; and
(3) carry out any other activities determined appropriate by the Board.
(b) Monitoring and coordination
The Chief Executive Officer shall—
(1) monitor the overall operation of the National Civilian Community Corps;
(2) coordinate the activities of the Corps with other youth service programs administered by the Corporation; and
(3) carry out any other activities determined appropriate by the Board.
(c) Staff
(1) Director
(A) Appointment
(B) Duties
The Director shall—
(i) design, develop, and administer the National Civilian Community Corps programs;
(ii) be responsible for managing the daily operations of the Corps; and
(iii) report to the Chief Executive Officer.
(C) Authority to employ staff
(2) Permanent cadre
(A) Establishment
(B) Appointment
(C) Employment considerations
In appointing individuals to cadre positions, the Chief Executive Officer shall—
(i) give consideration to retired, discharged, and other inactive members and former members of the Armed Forces recommended under section 12622(b) of this title;
(ii) give consideration to former VISTA, Peace Corps, and youth service program personnel;
(iii) ensure that the cadre is comprised of males and females of diverse ethnic, economic, professional, and geographic backgrounds;
(iv) give consideration to retired and other former law enforcement, fire, rescue, and emergency personnel, and other individuals with backgrounds in disaster preparedness, relief, and recovery; and
(v) consider applicants’ experience in other youth service programs.
(D) Community service credit
(E) Training
(3) Inapplicability of certain civil service laws
(4) Voluntary services
(Pub. L. 101–610, title I, § 159, formerly § 195H, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2528; renumbered § 159 and amended Pub. L. 103–82, title I, § 104(b), (e)(2)(E), title IV, §§ 402(b)(1), 403(a)(1)–(3), (b), Sept. 21, 1993, 107 Stat. 840, 847, 918–920; Pub. L. 103–304, § 3(b)(5)(B), Aug. 23, 1994, 108 Stat. 1567; Pub. L. 103–337, div. A, title VI, § 640, Oct. 5, 1994, 108 Stat. 2791; Pub. L. 111–13, title I, § 1509, Apr. 21, 2009, 123 Stat. 1525; Pub. L. 115–232, div. A, title V, § 553(b)(3), Aug. 13, 2018, 132 Stat. 1772.)
§ 12620. Status of Corps members and Corps personnel under Federal law
(a) In general
(b) Work-related injuries
(1) In general
(2) Special rule
(c) Tort claims procedure
(Pub. L. 101–610, title I, § 160, formerly § 195I, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2530; renumbered § 160, Pub. L. 103–82, title I, § 104(b), Sept. 21, 1993, 107 Stat. 840; amended Pub. L. 111–13, title I, § 1510, Apr. 21, 2009, 123 Stat. 1526.)
§ 12621. Contract and grant authority
(a) Programs
(b) Equipment and facilities
(1) Federal and National Guard property
The Director shall enter into agreements, as necessary, with the Secretary of Defense, the Governor of a State, territory or commonwealth, or the commanding general of the District of Columbia National Guard, as the case may be, to utilize—
(A) equipment of the Department of Defense and equipment of the National Guard; and
(B) Department of Defense facilities and National Guard facilities identified pursuant to section 12622(c) of this title.
(2) Other property
(Pub. L. 101–610, title I, § 161, formerly § 195J, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2530; renumbered § 161 and amended Pub. L. 103–82, title I, § 104(b), (e)(2)(F), Sept. 21, 1993, 107 Stat. 840, 847; Pub. L. 111–13, title I, § 1511, Apr. 21, 2009, 123 Stat. 1526.)
§ 12622. Responsibilities of Department of Defense
(a) Liaison office
(1) Establishment
(2) Duties
(b) Corps cadre
(1) List of recommended personnel
(2) Recommendations regarding grade and pay
(3) Contribution for retired member’s pay
(c) Facilities
(d) Information regarding Corps
(Pub. L. 101–610, title I, § 162, formerly § 195K, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2531; renumbered § 162 and amended Pub. L. 103–82, title I, § 104(b), (e)(2)(G), title IV, § 402(b)(2), Sept. 21, 1993, 107 Stat. 840, 847, 919; Pub. L. 103–304, § 3(b)(5)(C), Aug. 23, 1994, 108 Stat. 1567; Pub. L. 111–13, title I, § 1512, Apr. 21, 2009, 123 Stat. 1526; Pub. L. 115–232, div. A, title V, § 553(b)(4), Aug. 13, 2018, 132 Stat. 1772.)
§ 12623. Advisory Board
(a) Establishment and purpose
(b) Membership
The Advisory Board shall be composed of the following members:
(1) The Secretary of Labor.
(2) The Secretary of Defense.
(3) The Secretary of the Interior.
(4) The Secretary of Agriculture.
(5) The Secretary of Education.
(6) The Secretary of Housing and Urban Development.
(7) The Chief of the National Guard Bureau.
(8) The Administrator of the Federal Emergency Management Agency.
(9) The Secretary of Transportation.
(10) The Chief of the Forest Service.
(11) The Administrator of the Environmental Protection Agency.
(12) The Secretary of Energy.
(13) Individuals appointed by the Director from among persons who are broadly representative of educational institutions, voluntary organizations, public and private organizations, youth, and labor unions.
(14) The Chief Executive Officer.
(c) Inapplicability of termination requirement
(Pub. L. 101–610, title I, § 163, formerly § 195L, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1),
§ 12624. Evaluations
Pursuant to the provisions for evaluations conducted under section 12639 of this title, and in particular subsection (g) of such section, the Corporation shall conduct periodic evaluations of the National Civilian Community Corps Program authorized under this division. Upon completing each such evaluation, the Corporation shall transmit to the authorizing committees a report on the evaluation.
(Pub. L. 101–610, title I, § 164, formerly § 195M, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2532; renumbered § 164 and amended Pub. L. 103–82, title I, § 104(b), title IV, § 402(b)(2), Sept. 21, 1993, 107 Stat. 840, 919; Pub. L. 111–13, title I, § 1514, Apr. 21, 2009, 123 Stat. 1528.)
§ 12625. Repealed. Pub. L. 111–13, title I, § 1515, Apr. 21, 2009, 123 Stat. 1528
§ 12626. Definitions
In this division:
(1) Board
(2) Campus director
(3) Corps
(4) Corps campus
(5) Corps members
(6) Director
(7) Institution of higher education
(8) Program
(9) Service-learning
The term “service-learning”, with respect to Corps members, means a method—
(A) under which Corps members learn and develop through active participation in thoughtfully organized service experiences that meet actual community needs;
(B) that provides structured time for a Corps member to think, talk, or write about what the Corps member did and saw during an actual service activity;
(C) that provides Corps members with opportunities to use newly acquired skills and knowledge in real life situations in their own communities; and
(D) that helps to foster the development of a sense of caring for others, good citizenship, and civic responsibility.
(10) Unit
(Pub. L. 101–610, title I, § 165, formerly § 195O, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2532; renumbered § 166 and amended Pub. L. 103–82, title I, § 104(b), (e)(2)(H), title IV, §§ 402(b)(2), 403(a)(4), Sept. 21, 1993, 107 Stat. 840, 847, 919; Pub. L. 105–244, title I, § 102(a)(13)(L), Oct. 7, 1998, 112 Stat. 1621; renumbered § 165 and amended Pub. L. 111–13, title I, § 1516, Apr. 21, 2009, 123 Stat. 1528.)
§ 12631. Family and medical leave
(a) Participants in private, State, and local projects
For purposes of title I of the Family and Medical Leave Act of 1993 [29 U.S.C. 2611 et seq.], if—
(1) a participant has provided service for the period required by section 101(2)(A)(i) (29 U.S.C. 2611(2)(A)(i)), and has met the hours of service requirement of section 101(2)(A)(ii), of such Act with respect to a project authorized under the national service laws; and
(2) the service sponsor of the project is an employer described in section 101(4) of such Act (other than an employing agency within the meaning of subchapter V of chapter 63 of title 5),
the participant shall be considered to be an eligible employee of the service sponsor.
(b) Participants in Federal projects
For purposes of subchapter V of chapter 63 of title 5, if—
(1) a participant has provided service for the period required by section 6381(1)(B) of such title with respect to a project; and
(2) the service sponsor of the project is an employing agency within the meaning of such subchapter,
the participant shall be considered to be an employee of the service sponsor.
(c) Treatment of absence
(Pub. L. 101–610, title I, § 171, Nov. 16, 1990, 104 Stat. 3159; Pub. L. 103–82, title I, § 113(a), Sept. 21, 1993, 107 Stat. 861; Pub. L. 111–13, title I, § 1601, Apr. 21, 2009, 123 Stat. 1529.)
§ 12632. Reports
(a) State reports
(1) In general
(2) Local grantees
(3) Report demonstrating compliance
(A) In general
(B) Local grantees
(4) Availability of report
(b) Report to Congress by Corporation
(1) In general
(2) Content
(Pub. L. 101–610, title I, § 172, Nov. 16, 1990, 104 Stat. 3159; Pub. L. 103–82, title I, § 114, title IV, § 402(b)(1), Sept. 21, 1993, 107 Stat. 861, 918; Pub. L. 111–13, title I, § 1602, Apr. 21, 2009, 123 Stat. 1529; Pub. L. 112–81, div. A, title X, § 1063(c), Dec. 31, 2011, 125 Stat. 1586.)
§ 12633. Supplementation
(a) In general
(b) Aggregate expenditure
(Pub. L. 101–610, title I, § 173, Nov. 16, 1990, 104 Stat. 3160.)
§ 12634. Prohibition on use of funds
(a) Prohibited uses
(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
(d) Referrals for Federal assistance
(Pub. L. 101–610, title I, § 174, Nov. 16, 1990, 104 Stat. 3160; Pub. L. 111–13, title I, § 1603, Apr. 21, 2009, 123 Stat. 1529.)
§ 12635. Nondiscrimination
(a) In general
(1) Basis
(2) “Qualified individual with a disability” defined
(b) Federal financial assistance
(c) Religious discrimination
(1) In general
(2) Exception
(d) Rules and regulations
(Pub. L. 101–610, title I, § 175, Nov. 16, 1990, 104 Stat. 3161; Pub. L. 103–82, title I, § 115, Sept. 21, 1993, 107 Stat. 862.)
§ 12636. Notice, hearing, and grievance procedures
(a) In general
(1) Suspension of payments
(2) Procedures to ensure assistanceThe Corporation shall prescribe procedures to ensure that—
(A) assistance provided under this subchapter shall not be suspended for failure to comply with the applicable terms and conditions of this subchapter except, in emergency situations, a suspension may be granted for 1 or more periods of 30 days not to exceed a total of 90 days; and
(B) assistance provided under this subchapter shall not be terminated or revoked for failure to comply with applicable terms and conditions of this subchapter unless the recipient of such assistance has been afforded reasonable notice and opportunity for a full and fair hearing.
(b) Hearings
(c) Transcript or recording
(d) State legislation
(e) Construction
(f) Grievance procedure
(1) In general
(2) Deadline for grievances
(3) Deadline for hearing and decision
(A) Hearing
(B) Decision
(4) Arbitration
(A) In general
(i) Jointly selected arbitrator
(ii) Appointed arbitrator
(B) Deadline for proceeding
(C) Deadline for decision
(D) Cost
(i) In general
(ii) Exception
(5) Proposed placement
(6) RemediesRemedies for a grievance filed under this subsection include—
(A) suspension of payments for assistance under this subchapter;
(B) termination of such payments;
(C) prohibition of the placement described in paragraph (5);
(D) in a case in which the grievance is filed by an individual applicant or participant—
(i) the applicant’s selection or the participant’s reinstatement, as the case may be; and
(ii) other changes in the terms and conditions of service applicable to the individual; and
(E) in a case in which the grievance involves a violation of subsection (a) or (b) of section 12637 of this title and the employer of the displaced employee is the recipient of assistance under this subchapter—
(i) reinstatement of the displaced employee to the position held by such employee prior to displacement;
(ii) payment of lost wages and benefits of the displaced employee;
(iii) reestablishment of other relevant terms, conditions, and privileges of employment of the displaced employee; and
(iv) such equitable relief as is necessary to correct any violation of subsection (a) or (b) of section 12637 of this title or to make the displaced employee whole.
(7) Enforcement
(Pub. L. 101–610, title I, § 176, Nov. 16, 1990, 104 Stat. 3161; Pub. L. 103–82, title I, § 116, title IV, § 402(b)(1), Sept. 21, 1993, 107 Stat. 863, 918; Pub. L. 111–13, title I, § 1604, Apr. 21, 2009, 123 Stat. 1529.)
§ 12637. Nonduplication and nondisplacement
(a) Nonduplication
(1) In general
(2) Private nonprofit entity
(b) Nondisplacement
(1) In general
(2) Service opportunities
(3) Limitation on services
(A) Duplication of services
(B) Supplantation of hiringA participant in any program receiving assistance under the national service laws shall not perform any services or duties, or engage in activities, that—
(i) will supplant the hiring of employed workers; or
(ii) are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures.
(C) Duties formerly performed by another employeeA participant in any program receiving assistance under the national service laws shall not perform services or duties that have been performed by or were assigned to any—
(i) presently employed worker;
(ii) employee who recently resigned or was discharged;
(iii) employee who—(I) is subject to a reduction in force; or(II) has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures;
(iv) employee who is on leave (terminal, temporary, vacation, emergency, or sick); or
(v) employee who is on strike or who is being locked out.
(c) Labor market information
(d) Treatment of benefits
(e) Standards of conduct
(f) Parental involvement
(1) In general
(2) Parental permission
(Pub. L. 101–610, title I, § 177, Nov. 16, 1990, 104 Stat. 3163; Pub. L. 103–82, title I, § 117, title IV, § 402(b)(1), Sept. 21, 1993, 107 Stat. 864, 918; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(42)(A)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–427; Pub. L. 111–13, title I, § 1605, Apr. 21, 2009, 123 Stat. 1530.)
§ 12638. State Commissions on National and Community Service
(a) Existence required
(1) State Commission
(2) Alternative administrative entity
(b) Appointment and size
(c) Composition and membership
(1) Required membersThe 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 subsection (a), (b), or (c) of section 12572 of this title.
(J) A representative of the volunteer sector.
(2) Sources of other membersThe 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
(4) Ex officio State representatives
(5) Limitation on number of State employees as members
(d) Miscellaneous matters
(1) Membership balance
(2) Terms
(3) Vacancies
(4) Compensation
(5) Chairperson
(6) Limitation on member participation
(A) General limitationExcept as provided in subparagraph (B), a voting member of the State Commission (or of an alternative administrative entity) shall not participate in the administration of the grant program (including any discussion or decision regarding the provision of assistance or approved national service positions, or the continuation, suspension, or termination of such assistance or such positions, to any program or entity) described in subsection (e)(9) if—
(i) a grant application relating to such program is pending before the Commission (or such entity); and
(ii) the application was submitted by a program or entity of which such member is, or in the 1-year period before the submission of such application was, an officer, director, trustee, full-time volunteer, or employee.
(B) Exception
(C) Rule of constructionSubparagraph (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 CommissionThe State Commission or alternative administrative entity for a State shall be responsible for the following duties:
(1) Preparation of a national service plan for the State that—
(A) is developed, through an open and public process (such as through regional forums, hearings, and other means) that provides for maximum participation and input from the private sector, organizations, and public agencies, using service and volunteerism as strategies to meet critical community needs, including service through programs funded under the national service laws;
(B) covers a 3-year period, the beginning of which may be set by the State;
(C) is subject to approval by the chief executive officer of the State;
(D) includes measurable goals and outcomes for the State national service programs in the State consistent with the performance levels for national service programs as described in section 12639(k) of this title;
(E) ensures outreach to diverse community-based agencies that serve underrepresented populations, through established networks and registries at the State level, or through the development of such networks and registries;
(F) provides for effective coordination of funding applications submitted by the State and other organizations within the State under the national service laws;
(G) is updated annually, reflecting changes in practices and policies that will improve the coordination and effectiveness of Federal, State, and local resources for service and volunteerism within the State;
(H) ensures outreach to, and coordination with, municipalities (including large cities) and county governments regarding the national service laws; and
(I) contains such information as the State Commission considers to be appropriate or as the Corporation may require.
(2) Preparation of the applications of the State under section 12582 of this title for financial assistance.
(3) Assistance in the preparation of the application of the State educational agency for assistance under section 12525 of this title.
(4) Preparation of the application of the State under section 12582 of this title for the approval of service positions that include the national service educational award described in division D.
(5) Make recommendations to the Corporation with respect to priorities for programs receiving assistance under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.).
(6) Make technical assistance available to enable applicants for assistance under section 12571 of this title—
(A) to plan and implement service programs; and
(B) to apply for assistance under the national service laws using, if appropriate, information and materials available through a clearinghouse established under section 12653a 1
1 See References in Text note below.
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) Relief from administrative requirements
(g) State service plan for adults age 55 or older
(1) In general
(2) Matters includedThe State service plan shall include—
(A) recommendations for policies to increase service for adults age 55 or older, including how to best use such adults as sources of social capital, and how to utilize their skills and experience to address community needs;
(B) recommendations to the State agency (as defined in section 3002 of this title) on—
(i) a marketing outreach plan to businesses; and
(ii) outreach to—(I) nonprofit organizations;(II) the State educational agency;(III) institutions of higher education; and(IV) other State agencies;
(C) recommendations for civic engagement and multigenerational activities, such as—
(i) early childhood education and care, family literacy, and after school programs;
(ii) respite services for adults age 55 or older and caregivers; and
(iii) transitions for older adults age 55 or older to purposeful work in their post-career lives; and
(D) recommendations for encouraging the development of Encore service programs in the State.
(3) Knowledge baseThe State service plan shall incorporate the current knowledge base (as of the time of the plan) regarding—
(A) the economic impact of the roles of workers age 55 or older in the economy;
(B) the social impact of the roles of such workers in the community; and
(C) the health and social benefits of active engagement for adults age 55 or older.
(4) Publication
(h) Activity ineligible for assistance
(i) Delegation
(j) Approval of State Commission or alternative
(1) Submission to CorporationThe 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
(3) Rejection
(4) Resubmission and reconsideration
(5) Subsequent changes
(6) Rights
(k) Coordination
(1) Coordination with other State agencies
(2) Coordination with volunteer service programs
(A) In general
(B) AgreementIn coordinating functions under this paragraph, such Commission or entity, and such division, may enter into an agreement to—
(i) carry out such a function jointly;
(ii) to 2
2 So in original. The word “to” probably should not appear.
assign responsibility for such a function to the Commission or entity; or(iii) to 2 assign responsibility for such a function to the division.
(C) InformationThe State Commission or alternative entity for a State, and the head of any such division, shall exchange information about—
(i) the programs carried out in the State by the Commission, entity, or division, as appropriate; and
(ii) opportunities to coordinate activities.
(l) Liability
(1) Liability of State
(2) Other claims
(A) In general
(B) Limitation
(3) Effect on other lawThis 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.
(Pub. L. 101–610, title I, § 178, as added and amended Pub. L. 103–82, title II, § 201(a), title IV, § 405(p)(1), Sept. 21, 1993, 107 Stat. 867, 922; Pub. L. 111–13, title I, § 1606, Apr. 21, 2009, 123 Stat. 1530.)
§ 12639. Evaluation
(a) In generalThe Corporation shall provide, directly or through grants or contracts, for the continuing evaluation of programs that receive assistance under the national service laws, including evaluations that measure the impact of such programs, to determine—
(1) the effectiveness of programs receiving assistance under the national service laws in achieving stated goals and the costs associated with such programs, including an evaluation of each such program’s performance based on the performance levels established under subsection (k); and
(2) the effectiveness of the structure and mechanisms for delivery of services, such as the effective utilization of the participants’ time, the management of the participants, and the ease with which recipients were able to receive services, to maximize the cost effectiveness and the impact of such programs.
(b) Comparisons
(c) Conducting evaluations
(d) Standards
(e) Community participation
(f) Comparison of program models
(g) Program objectivesThe Corporation shall ensure that programs that receive assistance under division C are evaluated to determine their effectiveness in—
(1) recruiting and enrolling diverse participants in such programs, consistent with the requirements of section 12575 1
1 See References in Text note below.
of this title, based on economic background, race, ethnicity, age, marital status, education levels, and disability;(2) promoting the educational achievement of each participant in such programs, based on earning a high school diploma or the equivalent of such diploma and the future enrollment and completion of increasingly higher levels of education;
(3) encouraging each participant to engage in public and community service after completion of the program based on career choices and service in other service programs such as the Volunteers in Service to America Program and National Senior Service Corps programs established under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.), the Peace Corps (as established by the Peace Corps Act (22 U.S.C. 2501 et seq.)), the military, and part-time volunteer service;
(4) promoting of positive attitudes among each participant regarding the role of such participant in solving community problems based on the view of such participant regarding the personal capacity of such participant to improve the lives of others, the responsibilities of such participant as a citizen and community member, and other factors;
(5) enabling each participant to finance a lesser portion of the higher education of such participant through student loans;
(6) providing services and projects that benefit the community;
(7) supplying additional volunteer assistance to community agencies without overloading such agencies with more volunteers than can effectively be utilized;
(8) providing services and activities that could not otherwise be performed by employed workers and that will not supplant the hiring of, or result in the displacement of, employed workers or impair the existing contracts of such workers; and
(9) attracting a greater number of citizens to engage in service that benefits the community.
(h) Obtaining information
(1) In general
(2) Confidentiality
(A) In general
(B) Disclosure
(i) Consent
(ii) Aggregate information
(i) Independent evaluation and report of demographics of national service participants and communities
(1) Independent evaluation
(A) In general
(B) Participants
(i) In general
(ii) Characteristics
(iii) Categories
(C) Communities
(2) ReportThe entity conducting the evaluation shall submit a report to the President, the authorizing committees, the Corporation, and each State Commission containing the results of the evaluation—
(A) with respect to the evaluation covering the year beginning on September 21, 1993, not later than 18 months after September 21, 1993; and
(B) with respect to the evaluation covering each subsequent year, not later than 18 months after the first day of each such year.
(j) Reserved program funds for accountability
(k) Performance levelsThe Corporation shall, in consultation with each recipient of assistance under the national service laws, establish performance levels for such recipient to meet during the term of the assistance. The performance levels may include, for each national service program carried out by the recipient, performance levels based on the following performance measures:
(1) Number of participants enrolled in the program and completing terms of service, as compared to the stated participation and retention goals of the program.
(2) Number of volunteers recruited from the community in which the program was implemented.
(3) If applicable based on the program design, the number of individuals receiving or benefitting from the service conducted.
(4) Number of disadvantaged and underrepresented youth participants.
(5) Measures of the sustainability of the program and the projects supported by the program, including measures to ascertain the level of community support for the program or projects.
(6) Measures to ascertain the change in attitude toward civic engagement among the participants and the beneficiaries of the service.
(7) Other quantitative and qualitative measures as determined to be appropriate by the recipient of assistance and the Corporation.
(l) Corrective action plans
(1) In general
(2) Assistance
(A) New programFor a program that has received assistance under the national service laws for less than 3 years and for which the recipient is failing to meet or exceed the performance levels agreed upon under subsection (k), the Corporation shall—
(i) provide technical assistance to the recipient to address targeted performance problems relating to the performance levels for the program; and
(ii) require the recipient to submit quarterly reports on the program’s progress toward meeting the performance levels for the program to the—(I) appropriate State, territory, or Indian tribe; and(II) the Corporation.
(B) Established programsFor a program that has received assistance under the national service laws for 3 years or more and for which the recipient is failing to meet or exceed the performance levels agreed upon under subsection (k), the Corporation shall require the recipient to submit quarterly reports on the program’s progress toward the performance levels for the program to—
(i) the appropriate State, territory, or Indian tribe; and
(ii) the Corporation.
(m) Failure to meet performance levelsIf, after a period for correction as approved by the Corporation in accordance with subsection (l), a recipient of assistance under the national service laws fails to meet or exceed the performance levels for a national service program, the Corporation shall—
(1) reduce the annual amount of the assistance received by the underperforming recipient by at least 25 percent, for each remaining year of the grant period for that program; or
(2) terminate assistance to the underperforming recipient for that program, in accordance with section 12636(a) of this title.
(n) ReportsThe Corporation shall submit to the authorizing committees not later than 2 years after April 21, 2009, and annually thereafter, a report containing information on the number of—
(1) recipients of assistance under the national service laws implementing corrective action plans under subsection (l)(1);
(2) recipients for which the Corporation provides technical assistance for a program under subsection (l)(2)(A)(i);
(3) recipients for which the Corporation terminates assistance for a program under subsection (m);
(4) entities whose application for assistance under a national service law was rejected; and
(5) recipients meeting or exceeding their performance levels under subsection (k).
(Pub. L. 101–610, title I, § 179, Nov. 16, 1990, 104 Stat. 3164; Pub. L. 102–384, §§ 4, 9, Oct. 5, 1992, 106 Stat. 1455, 1456; Pub. L. 103–82, title I, § 118, title II, § 203(a)(1)(A), title IV, § 402(b)(1), Sept. 21, 1993, 107 Stat. 865, 891, 918; Pub. L. 103–160, div. A, title XI, § 1182(d)(4), Nov. 30, 1993, 107 Stat. 1773; Pub. L. 104–106, div. A, title XV, § 1501(e)(5), Feb. 10, 1996, 110 Stat. 501; Pub. L. 111–13, title I, § 1607, Apr. 21, 2009, 123 Stat. 1532.)
§ 12639a. Civic Health Assessment and volunteering research and evaluation
(a) Definition of partnership
(b) In general
The partnership shall facilitate the establishment of a Civic Health Assessment by—
(1) after identifying public and private sources of civic health data, selecting a set of civic health indicators, in accordance with subsection (c), that shall comprise the Civic Health Assessment;
(2) obtaining civic health data relating to the Civic Health Assessment, in accordance with subsection (d); and
(3) conducting related analyses, and reporting the data and analyses, as described in paragraphs (4) and (5) of subsection (d) and subsections (e) and (f).
(c) Selection of indicators for Civic Health Assessment
(1) Identifying sources
The partnership shall select a set of civic health indicators that shall comprise the Civic Health Assessment. In making such selection, the partnership—
(A) shall identify public and private sources of civic health data;
(B) shall explore collaborating with other similar efforts to develop national indicators in the civic health domain; and
(C) may sponsor a panel of experts, such as one convened by the National Academy of Sciences, to recommend civic health indicators and data sources for the Civic Health Assessment.
(2) Technical advice
(3) Updates
(d) Data on the indicators
(1) Sponsored data collection
In identifying the civic health indicators for the Civic Health Assessment, and obtaining data for the Assessment, the partnership may sponsor the collection of data for the Assessment or for the various civic health indicators being considered for inclusion in the Assessment, including indicators related to—
(A) volunteering and community service;
(B) voting and other forms of political and civic engagement;
(C) charitable giving;
(D) connecting to civic groups and faith-based organizations;
(E) interest in employment, and careers, in public service in the nonprofit sector or government;
(F) understanding and obtaining knowledge of United States history and government; and
(G) social enterprise and innovation.
(2) Data from statistical agencies
(3) Sources of data
To obtain data for the Civic Health Assessment, the partnership shall consider—
(A) data collected through public and private sources; and
(B) data collected by the Bureau of the Census, through the Current Population Survey, or by the Bureau of Labor Statistics, in accordance with paragraph (2).
(4) Demographic characteristics
(5) Other issues
In obtaining data for the Civic Health Assessment, the partnership may also obtain such information as may be necessary to analyze—
(A) the role of Internet technology in strengthening and inhibiting civic activities;
(B) the role of specific programs in strengthening civic activities;
(C) the civic attitudes and activities of new citizens and immigrants; and
(D) other areas related to civic activities.
(e) Reporting of data
(1) In general
The partnership shall, not less often than once each year, prepare a report containing—
(A) detailed data obtained under subsection (d), including data on the indicators comprising the Civic Health Assessment; and
(B) the analyses described in paragraphs (4) and (5) of subsection (d), to the extent practicable based on the data the partnership is able to obtain.
(2) Aggregation and presentation
(3) Submission
(f) Public input
The partnership shall—
(1) identify opportunities for public dialogue and input on the Civic Health Assessment; and
(2) hold conferences and forums to discuss the implications of the data and analyses reported under subsection (e).
(g) Volunteering research and evaluation
(1) Research
(2) Impact research and evaluation
The partnership shall sponsor an independent evaluation of the impact of domestic and international volunteering, including an assessment of best practices for such volunteering, and methods of improving such volunteering through enhanced collaboration among—
(A) entities that recruit, manage, support, and utilize volunteers;
(B) institutions of higher education; and
(C) research institutions.
(h) Database prohibition
(Pub. L. 101–610, title I, § 179A, as added Pub. L. 111–13, title I, § 1608(a), Apr. 21, 2009, 123 Stat. 1534.)
§ 12640. Engagement of participants
A State shall not engage a participant to serve in any program that receives assistance under this subchapter unless and until amounts have been appropriated under section 12681 of this title for the provision of national service educational awards and for the payment of other necessary expenses and costs associated with such participant.
(Pub. L. 101–610, title I, § 180, Nov. 16, 1990, 104 Stat. 3166; Pub. L. 103–82, title I, § 119, Sept. 21, 1993, 107 Stat. 866.)
§ 12641. Contingent extension
Section 1226a of title 20 shall apply to this chapter.
(Pub. L. 101–610, title I, § 181, Nov. 16, 1990, 104 Stat. 3166; Pub. L. 103–82, title I, § 120(a), Sept. 21, 1993, 107 Stat. 866; Pub. L. 111–13, title I, § 1609, Apr. 21, 2009, 123 Stat. 1537.)
§ 12642. Partnerships with schools
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.
(Pub. L. 101–610, title I, § 182, Nov. 16, 1990, 104 Stat. 3167; Pub. L. 103–82, title I, § 111(b)(1), (2), Sept. 21, 1993, 107 Stat. 860; Pub. L. 111–13, title I, § 1610, Apr. 21, 2009, 123 Stat. 1537; Pub. L. 113–188, title III, § 301(b), Nov. 26, 2014, 128 Stat. 2018.)
§ 12643. Rights of access, examination, and copying
(a) Comptroller GeneralConsistent with otherwise applicable law, the Comptroller General, or any of the duly authorized representatives of the Comptroller General, shall have access to, and the right to examine and copy, any books, documents, papers, records, and other recorded information in any form—
(1) within the possession or control of the Corporation or any State or local government, territory, Indian tribe, or public or private nonprofit organization receiving assistance directly or indirectly under this chapter; and
(2) that the Comptroller General, or his representative, considers necessary to the performance of an evaluation, audit, or review.
(b) Chief Financial OfficerConsistent with otherwise applicable law, the Chief Financial Officer of the Corporation shall have access to, and the right to examine and copy, any books, documents, papers, records, and other recorded information in any form—
(1) within the possession or control of the Corporation or any State or local government, territory 1
1 So in original. Probably should be followed by a comma.
Indian tribe, or public or private nonprofit organization receiving assistance directly or indirectly under this chapter; and(2) that relates to the duties of the Chief Financial Officer.
(c) Inspector GeneralConsistent with otherwise applicable law, the Inspector General of the Corporation shall have access to, and the right to examine and copy, any books, documents, papers, records, and other recorded information in any form—
(1) within the possession or control of the Corporation or any State or local government, territory, Indian tribe, or public or private nonprofit organization receiving assistance directly or indirectly under the national service laws; and
(2) that relates to—
(A) such assistance; and
(B) the duties of the Inspector General under chapter 4 of title 5.
(Pub. L. 101–610, title I, § 183, Nov. 16, 1990, 104 Stat. 3167; Pub. L. 103–82, title I, § 121(a), Sept. 21, 1993, 107 Stat. 866; Pub. L. 111–13, title I, § 1611, Apr. 21, 2009, 123 Stat. 1537; Pub. L. 117–286, § 4(b)(83), Dec. 27, 2022, 136 Stat. 4352.)
§ 12644. Drug-free workplace requirements
All programs receiving grants under this subchapter shall be subject to the Drug-Free Workplace Requirements for Federal Grant Recipients under sections 8101 and 8103 to 8106 of title 41.
(Pub. L. 101–610, title I, § 184, Nov. 16, 1990, 104 Stat. 3167.)
§ 12644a. Availability of assistance
A reference in division C, D, E, or H of this subchapter regarding an entity eligible to receive direct or indirect assistance to carry out a national service program shall include a non-profit organization promoting competitive and non-competitive sporting events involving individuals with disabilities (including the Special Olympics), which enhance the quality of life for individuals with disabilities.
(Pub. L. 101–610, title I, § 184A, as added Pub. L. 111–13, title I, § 1613(a), Apr. 21, 2009, 123 Stat. 1541.)
§ 12644b. Consolidated application and reporting requirements
(a) In general
(b) Report to Congress
(Pub. L. 101–610, title I, § 185, as added Pub. L. 111–13, title I, § 1612, Apr. 21, 2009, 123 Stat. 1538.)
§ 12645. Sustainability
The Corporation, after consultation with State Commissions and recipients of assistance, may set sustainability goals for projects or programs under the national service laws, so that recipients of assistance under the national service laws are carrying out sustainable projects or programs. Such sustainability goals shall be in writing and shall be used—
(1) to build the capacity of the projects or programs that receive assistance under the national service laws to meet community needs;
(2) in providing technical assistance to recipients of assistance under the national service laws regarding acquiring and leveraging non-Federal funds for support of the projects or programs that receive such assistance; and
(3) to determine whether the projects or programs, receiving such assistance, are generating sufficient community support.
(Pub. L. 101–610, title I, § 186, as added Pub. L. 111–13, title I, § 1612, Apr. 21, 2009, 123 Stat. 1538.)
§ 12645a. Grant periods
Unless otherwise specifically provided, the Corporation has authority to award a grant or contract, or enter into a cooperative agreement, under the national service laws for a period of 3 years.
(Pub. L. 101–610, title I, § 187, as added Pub. L. 111–13, title I, § 1612, Apr. 21, 2009, 123 Stat. 1538.)
§ 12645b. Generation of volunteers
In making decisions on applications for assistance or approved national service positions under the national service laws, the Corporation shall take into consideration the extent to which the applicant’s proposal will increase the involvement of volunteers in meeting community needs. In reviewing the application for this purpose, the Corporation may take into account the mission of the applicant.
(Pub. L. 101–610, title I, § 188, as added Pub. L. 111–13, title I, § 1612, Apr. 21, 2009, 123 Stat. 1538.)
§ 12645c. Limitation on program grant costs
(a) Limitation on grant amounts
(b) Costs subject to limitation
(c) Costs not subject to limitation
(d) Adjustments for inflation
(e) Waiver authority and reporting requirement
(1) Waiver
The Chief Executive Officer may increase the limitation under subsection (a) to not more than $19,500 per full-time equivalent position if necessary to meet the compelling needs of a particular program, such as—
(A) exceptional training needs for a program serving disadvantaged youth;
(B) the need to pay for increased costs relating to the participation of individuals with disabilities;
(C) the needs of tribal programs or programs located in the territories; and
(D) the need to pay for start-up costs associated with a first-time recipient of assistance under a program of the national service laws.
(2) Reports
(Pub. L. 101–610, title I, § 189, as added Pub. L. 111–13, title I, § 1612, Apr. 21, 2009, 123 Stat. 1539.)
§ 12645d. Matching funds for severely economically distressed communities
(a) In general
(b) Severely economically distressed community
For the purposes of this section, the term “severely economically distressed community” means—
(1) an area that has a mortgage foreclosure rate, home price decline, and unemployment rate all of which are above the national average for such rates or level, for the most recent 12 months for which satisfactory data are available; or
(2) a residential area that lacks basic living necessities, such as water and sewer systems, electricity, paved roads, and safe, sanitary housing.
(Pub. L. 101–610, title I, § 189A, as added Pub. L. 111–13, title I, § 1612, Apr. 21, 2009, 123 Stat. 1539.)
§ 12645e. Audits and reports
The Corporation shall comply with applicable audit and reporting requirements as provided in the Chief Financial Officers Act of 1990 (31 U.S.C. 901 note; Public Law 101–576) and chapter 91 of title 31 (commonly known as the “Government Corporation Control Act”). The Corporation shall report to the authorizing committees any failure to comply with such requirements.
(Pub. L. 101–610, title I, § 189B, as added Pub. L. 111–13, title I, § 1612, Apr. 21, 2009, 123 Stat. 1540.)
§ 12645f. Restrictions on Federal Government and use of Federal funds
(a) General prohibition
(b) Prohibition on endorsement of curriculum
(c) Prohibition on requiring Federal approval or certification standards
(Pub. L. 101–610, title I, § 189C, as added Pub. L. 111–13, title I, § 1612, Apr. 21, 2009, 123 Stat. 1540.)
§ 12645g. Criminal history checks
(a) In general
(b) RequirementsA criminal history check under subsection (a) shall, except in cases approved for good cause by the Corporation, include—
(1) a name-based search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); 1
1 See References in Text note below.
and(2)
(A) a search of the State criminal registry or repository in the State in which the program is operating and the State in which the individual resides at the time of application; or
(B) submitting fingerprints to the Federal Bureau of Investigation for a national criminal history background check.
(c) Eligibility prohibitionAn individual shall be ineligible to serve in a position described under subsection (a) if such individual—
(1) refuses to consent to the criminal history check described in subsection (b);
(2) makes a false statement in connection with such criminal history check;
(3) is registered, or is required to be registered, on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); 1 or
(4) has been convicted of murder, as described in section 1111 of title 18.
(d) Special rule for individuals working with vulnerable populations
(1) In generalNotwithstanding subsection (b), on and after the date that is 2 years after April 21, 2009, a criminal history check under subsection (a) for each individual described in paragraph (2) shall, except for an entity described in paragraph (3), include—
(A) a name-based search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); 1
(B) a search of the State criminal registry or repository in the State in which the program is operating and the State in which the individual resides at the time of application; and
(C) submitting fingerprints to the Federal Bureau of Investigation for a national criminal history background check.
(2) Individuals with access to vulnerable populationsAn individual described in this paragraph is an individual age 18 or older who—
(A) serves in a position in which the individual receives a living allowance, stipend, national service educational award, or salary through a program receiving assistance under the national service laws; and
(B) as a result of such individual’s service in such position, has or will have access, on a recurring basis, to—
(i) children age 17 years or younger;
(ii) individuals age 60 years or older; or
(iii) individuals with disabilities.
(3) ExceptionsThe provisions of this subsection shall not apply to an entity—
(A) where the service provided by individuals serving with the entity to a vulnerable population described in paragraph (2)(B) is episodic in nature or for a 1-day period;
(B) where the cost to the entity of complying with this subsection is prohibitive;
(C) where the entity is not authorized, or is otherwise unable, under State law, to access the national criminal history background check system of the Federal Bureau of Investigation;
(D) where the entity is not authorized, or is otherwise unable, under Federal law, to access the national criminal history background check system of the Federal Bureau of Investigation; or
(E) to which the Corporation otherwise provides an exemption from this subsection for good cause.
(Pub. L. 101–610, title I, § 189D, as added and amended Pub. L. 111–13, title I, §§ 1612, 1614(a), Apr. 21, 2009, 123 Stat. 1540, 1541.)
§ 12651. Corporation for National and Community Service
There is established a Corporation for National and Community Service that shall administer the programs established under the national service laws. The Corporation shall be a Government corporation, as defined in section 103 of title 5.
(Pub. L. 101–610, title I, § 191, as added and amended Pub. L. 103–82, title II, §§ 202(a), 203(a)(1)(B), Sept. 21, 1993, 107 Stat. 873, 891.)
§ 12651a. Board of Directors
(a) Composition
(1) In generalThere 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) QualificationsTo 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
(b) Officers
(1) Chairperson
(2) Vice Chairperson
(3) Other officers
(c) Terms
(d) Vacancies
(e) Service until appointment of successor
(Pub. L. 101–610, title I, § 192, as added Pub. L. 103–82, title II, § 202(a), Sept. 21, 1993, 107 Stat. 873; amended Pub. L. 111–13, title I, § 1701, Apr. 21, 2009, 123 Stat. 1544.)
§ 12651b. Authorities and duties of the Board of Directors
(a) Meetings
(b) Quorum
(c) Authorities of officers
(1) Chairperson
(2) Vice Chairperson
(d) Expenses
(e) Special Government employees
(f) Status of members
(1) Tort claims
(2) Other claims
(3) Effect on other lawThis 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) DutiesThe Board shall have responsibility for setting overall policy for the Corporation and shall—
(1) review and approve the strategic plan described in section 12651d(b)(1) of this title, and annual updates of the plan, and review the budget proposal in advance of submission to the Office of Management and Budget;
(2) review and approve the proposal described in section 12651d(b)(2)(A) of this title, with respect to the grants, allotments, contracts, financial assistance, payment, and positions referred to in such section;
(3) review and approve the proposal described in section 12651d(b)(3)(A) of this title, regarding the regulations, standards, policies, procedures, programs, and initiatives referred to in such section;
(4) review and approve the evaluation plan described in section 12651d(b)(4)(A) of this title;
(5)
(A) review, and advise the Chief Executive Officer regarding, the actions of the Chief Executive Officer with respect to the personnel of the Corporation, and with respect to such standards, policies, procedures, programs, and initiatives as are necessary or appropriate to carry out the national service laws;
(B) inform the Chief Executive Officer of any aspects of the actions of the Chief Executive Officer that are not in compliance with the annual strategic plan referred to in paragraph (1), the proposals referred to in paragraphs (2) and (3), or the plan referred to in paragraph (4), or are not consistent with the objectives of the national service laws; and
(C) review the performance of the Chief Executive Officer annually and forward a report on that review to the President;
(6) receive any report as provided under subsection (b), (c), or (d) of section 414 of title 5;
(7) make recommendations relating to a program of research for the Corporation with respect to national and community service programs, including service-learning programs;
(8) advise the President and the authorizing committees concerning developments in national and community service that merit the attention of the President and the authorizing committees;
(9) ensure effective dissemination of information regarding the programs and initiatives of the Corporation;
(10) notwithstanding any other provision of law—
(A) make grants to or contracts with Federal and other public departments or agencies, and private nonprofit organizations, for the assignment or referral of volunteers under the provisions of title I of the Domestic Volunteer Service Act of 1973 [42 U.S.C. 4951 et seq.] (except as provided in section 108 of such Act [42 U.S.C. 4958]), which may provide that the agency or organization shall pay all or a part of the costs of the program; and
(B) enter into agreements with other Federal agencies or private nonprofit organizations for the support of programs under the national service laws, which—
(i) may provide that the agency or organization shall pay all or a part of the costs of the program, except as is provided in section 12571(b) of this title; and
(ii) shall provide that the program (including any program operated by another Federal agency) will comply with all requirements related to evaluation, performance, and other goals applicable to similar programs under the national service laws, as determined by the Corporation,
(11) prepare and make recommendations to the authorizing committees and the President for changes in the national service laws resulting from the studies and demonstrations the Chief Executive Officer is required to carry out under section 12651d(b)(11) of this title, which recommendations shall be submitted to the authorizing committees and President not later than January 1, 2012.
(h) Administration
(i) Limitation on participation
(j) Coordination with other Federal activities
(Pub. L. 101–610, title I, § 192A, as added and amended Pub. L. 103–82, title II, §§ 202(a), 203(a)(1)(B), (2), Sept. 21, 1993, 107 Stat. 875, 891; Pub. L. 111–13, title I, § 1702, Apr. 21, 2009, 123 Stat. 1544; Pub. L. 117–286, § 4(a)(275), (b)(85), Dec. 27, 2022,
§ 12651c. Chief Executive Officer
(a) Appointment
(b) Compensation
(c) Regulations
(Pub. L. 101–610, title I, § 193, as added and amended Pub. L. 103–82, title II, §§ 202(a), 203(a)(1)(B), Sept. 21, 1993, 107 Stat. 877, 891; Pub. L. 111–13, title I, § 1703, Apr. 21, 2009, 123 Stat. 1545.)
§ 12651d. Authorities and duties of the Chief Executive Officer
(a) General powers and duties
(b) DutiesIn addition to the duties conferred on the Chief Executive Officer under any other provision of the national service laws, the Chief Executive Officer, in collaboration with the State Commissions, shall—
(1) prepare and submit to the Board a strategic plan, including a plan for having 50 percent of all approved national service positions be full-time positions by 2012, every 3 years, and annual updates of the plan, for the Corporation with respect to the major functions and operations of the Corporation;
(2)
(A) prepare and submit to the Board a proposal with respect to such grants and allotments, contracts, other financial assistance, and designation of positions as approved national service positions, as are necessary or appropriate to carry out the national service laws; and
(B) after receiving and reviewing an approved proposal under section 12651b(g)(2) of this title, make such grants and allotments, enter into such contracts, award such other financial assistance, make such payments (in lump sum or installments, and in advance or by way of reimbursement, and in the case of financial assistance otherwise authorized under the national service laws, with necessary adjustments on account of overpayments and underpayments), and designate such positions as approved national service positions, approved summer of service positions, and approved silver scholar positions as are necessary or appropriate to carry out the national service laws;
(3)
(A) prepare and submit to the Board a proposal regarding, the regulations established under section 12651f(b)(3)(A) of this title, and such other standards, policies, procedures, programs, and initiatives as are necessary or appropriate to carry out the national service laws; and
(B) after receiving and reviewing an approved proposal under section 12651b(g)(3) of this title—
(i) establish such standards, policies, and procedures as are necessary or appropriate to carry out the national service laws; and
(ii) establish and administer such programs and initiatives as are necessary or appropriate to carry out the national service laws;
(4)
(A) prepare and submit to the Board a plan for the evaluation of programs established under the national service laws, in accordance with section 12639 of this title; and
(B) after receiving an approved proposal under section 12651b(g)(4) of this title—
(i) establish measurable performance goals and objectives for such programs, in accordance with section 12639 of this title; and
(ii) provide for periodic evaluation of such programs to assess the manner and extent to which the programs achieve the goals and objectives, in accordance with such section;
(5) consult with appropriate Federal agencies in administering the programs and initiatives;
(6) suspend or terminate payments and positions described in paragraph (2)(B), in accordance with section 12636 of this title;
(7) prepare and submit to the authorizing committees and the Board an annual report on actions taken to achieve the goal of having 50 percent of all approved national service positions be full-time positions by 2012 as described in paragraph (1), including an assessment of the progress made toward achieving that goal and the actions to be taken in the coming year toward achieving that goal;
(8) prepare and submit to the Board an annual report, and such interim reports as may be necessary, describing the major actions of the Chief Executive Officer with respect to the personnel of the Corporation, and with respect to such standards, policies, procedures, programs, and initiatives;
(9) inform the Board of, and provide an explanation to the Board regarding, any substantial differences regarding the implementation of the national service laws between—
(A) the actions of the Chief Executive Officer; and
(B)
(i) the strategic plan approved by the Board under section 12651b(g)(1) of this title;
(ii) the proposals approved by the Board under paragraph (2) or (3) of section 12651b(g) of this title; or
(iii) the evaluation plan approved by the Board under section 12651b(g)(4) of this title;
(10) prepare and submit to the authorizing committees an annual report, and such interim reports as may be necessary, describing—
(A) the services referred to in paragraph (1), and the money and property referred to in paragraph (2), of section 12651g(a) of this title that have been accepted by the Corporation;
(B) the manner in which the Corporation used or disposed of such services, money, and property; and
(C) information on the results achieved by the programs funded under the national service laws during the year preceding the year in which the report is prepared;
(11) provide for studies (including the evaluations described in subsection (f)) and demonstrations that evaluate, and prepare and submit to the Board periodically, a report containing recommendations regarding, issues related to—
(A) the administration and organization of programs authorized under the national service laws or under Public Law 91–378 [16 U.S.C. 1701 et seq.] (referred to in this subparagraph as “service programs”), including—
(i) whether the State and national priorities, as described in section 12572(f)(1) of this title, designed to meet unmet human, education, environmental, or public safety needs are being addressed by this chapter;
(ii) the manner in which—(I) educational and other outcomes of both stipended and nonstipended service and service-learning are defined and measured in such service programs; and(II) such outcomes should be defined and measured in such service programs;
(iii) whether stipended service programs, and service programs providing educational benefits in return for service, should focus on economically disadvantaged individuals or at-risk youth or whether such programs should include a mix of individuals, including individuals from middle- and upper-income families;
(iv) the role and importance of stipends and educational benefits in achieving desired outcomes in the service programs;
(v) the potential for cost savings and coordination of support and oversight services from combining functions performed by ACTION State offices and State Commissions;
(vi) the implications of the results from such studies and demonstrations for authorized funding levels for the service programs; and
(vii) other issues that the Director determines to be relevant to the administration and organization of the service programs; and
(B) the number, potential consolidation, and future organization of national service or domestic volunteer service programs that are authorized under Federal law, including VISTA, service corps assisted under division C and other programs authorized by this chapter, programs administered by the Public Health Service, the Department of Defense, or other Federal agencies, programs regarding teacher corps, and programs regarding work-study and higher education loan forgiveness or forbearance programs authorized by the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) related to community service;
(12) for purposes of section 12638(d)(6)(B) of this title, issue regulations to waive the disqualification of members of the Board and members of the State Commissions selectively in a random, nondiscretionary manner and only to the extent necessary to establish the quorum involved, including rules that forbid each member of the Board and each voting member of a State Commission to participate in any discussion or decision regarding the provision of assistance or approved national service positions, or the continuation, suspension, or termination of such assistance or such positions, to any program or entity of which such member of the Board or such member of the State Commission is, or in the 1-year period before the submission of the application referred to in such section was, an officer, director, trustee, full-time volunteer, or employee;
(13) bolster the public awareness of and recruitment efforts for the wide range of service opportunities for citizens of all ages, regardless of socioeconomic status or geographic location, through a variety of methods, including—
(A) print media;
(B) the Internet and related emerging technologies;
(C) television;
(D) radio;
(E) presentations at public or private forums;
(F) other innovative methods of communication; and
(G) outreach to offices of economic development, State employment security agencies, labor organizations and trade associations, local educational agencies, institutions of higher education, agencies and organizations serving veterans and individuals with disabilities, and other institutions or organizations from which participants for programs receiving assistance from the national service laws can be recruited;
(14) identify and implement methods of recruitment to—
(A) increase the diversity of participants in the programs receiving assistance under the national service laws; and
(B) increase the diversity of service sponsors of programs desiring to receive assistance under the national service laws;
(15) coordinate with organizations of former participants of national service programs for service opportunities that may include capacity building, outreach, and recruitment for programs receiving assistance under the national service laws;
(16) collaborate with organizations with demonstrated expertise in supporting and accommodating individuals with disabilities, including institutions of higher education, to identify and implement methods of recruitment to increase the number of participants who are individuals with disabilities in the programs receiving assistance under the national service laws;
(17) identify and implement recruitment strategies and training programs for bilingual volunteers in the National Senior Service Corps under title II of the Domestic Volunteer Service Act of 1973 [42 U.S.C. 5000 et seq.];
(18) collaborate with organizations that have established volunteer recruitment programs to increase the recruitment capacity of the Corporation;
(19) where practicable, provide application materials in languages other than English for individuals with limited English proficiency who wish to participate in a national service program;
(20) collaborate with the training and technical assistance programs described in division K with respect to the activities described in section 12657(b) of this title); 2
2 So in original. The closing parenthesis probably should not appear.
(21) coordinate the clearinghouses described in section 12653o of this title;
(22) coordinate with entities receiving funds under division C in establishing the National Service Reserve Corps under section 12653h of this title, through which alumni of the national service programs and veterans can serve in disasters and emergencies (as such terms are defined in section 12653h(a) of this title); 1
(23) identify and implement strategies to increase awareness among Indian tribes of the types and availability of assistance under the national service laws, increase Native American participation in programs under the national service laws, collect information on challenges facing Native American communities, and designate a Strategic Advisor for Native American Affairs to be responsible for the execution of those activities under the national service laws;
(24) conduct outreach to ensure the inclusion of economically disadvantaged individuals in national service programs and activities authorized under the national service laws; and
(25) ensure that outreach, awareness, and recruitment efforts are consistent with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 794 of title 29.
(c) PowersIn 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 the authorizing committees required under the national service laws, and the report required under section 9106 of title 31, into a single report, and submit the report to the authorizing committees on an annual basis;
(10) obtain the opinions of peer reviewers in evaluating applications to the Corporation for assistance under this subchapter; and
(11) generally perform such functions and take such steps consistent with the objectives and provisions of the national service laws, as the Chief Executive Officer determines to be necessary or appropriate to carry out such provisions.
(d) Delegation
(1) “Function” defined
(2) In general
(3) Function of Board
(e) ActionsIn an action described in subsection (c)(7)—
(1) a district court referred to in such subsection shall have jurisdiction of such a civil action without regard to the amount in controversy;
(2) such an action brought by the Chief Executive Officer shall survive notwithstanding any change in the person occupying the office of Chief Executive Officer or any vacancy in that office;
(3) no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Chief Executive Officer or the Board or property under the control of the Chief Executive Officer or the Board; and
(4) nothing in this section shall be construed to except litigation arising out of activities under this chapter from the application of sections 509, 517, 547, and 2679 of title 28.
(f) Evaluations
(1) Evaluation of living allowance
(2) Evaluation of success of investment in national service
(A) Evaluation required
(B) Period covered by evaluation
(C) Income levels of participants
(D) Assistance for distressed areas
(E) DefinitionsAs used in this paragraph:
(i) Independent
(ii) Total income
(g) Recruitment and public awareness functions
(1) Effort
(2) Personnel
(3) Funds
(h) Authority to contract with businesses
(i) Campaign to solicit funds
(Pub. L. 101–610, title I, § 193A, as added and amended Pub. L. 103–82, title II, §§ 202(a), 203(a)(1)(B), (3), Sept. 21, 1993, 107 Stat. 877, 891; Pub. L. 103–304, § 3(b)(2), Aug. 23, 1994, 108 Stat. 1567; Pub. L. 111–13, title I, § 1704, Apr. 21, 2009, 123 Stat. 1545; Pub. L. 117–286, § 4(b)(86), Dec. 27, 2022, 136 Stat. 4352.)
§ 12651e. Officers
(a) Managing Directors
(1) In general
(2) Compensation
(3) Duties
(b) Inspector General
(1) Office
(2) Appointment
(c) Chief Financial Officer
(1) In general
(2) 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 Service Corps
(1) Appointment
One of the Managing Directors appointed under subsection (a) shall, in accordance with applicable provisions of title 5, appoint 4 Assistant Directors who shall report directly to such Managing Director, of which—
(A) 1 Assistant Director shall be responsible for programs carried out under parts A [42 U.S.C. 4951 et seq.] and B 1
1 See References in Text note below.
of title I of the Domestic Volunteer Service Act of 1973 (the Volunteers in Service to America (VISTA) program) and other antipoverty programs under title I of that Act [42 U.S.C. 4951 et seq.];(B) 1 Assistant Director shall be responsible for programs carried out under part A of title II of that Act [42 U.S.C. 5001 et seq.] (relating to the Retired Senior Volunteer Program);
(C) 1 Assistant Director shall be responsible for programs carried out under part B of title II of that Act [42 U.S.C. 5011 et seq.] (relating to the Foster Grandparent Program); and
(D) 1 Assistant Director shall be responsible for programs carried out under part C of title II of that Act [42 U.S.C. 5013] (relating to the Senior Companion Program).
(2) Effective date for exercise of authority
(Pub. L. 101–610, title I, § 194, as added Pub. L. 103–82, title II, § 202(a), Sept. 21, 1993, 107 Stat. 882; amended Pub. L. 110–409, § 4(a)(4), Oct. 14, 2008, 122 Stat. 4304; Pub. L. 111–13, title I, § 1705, Apr. 21, 2009, 123 Stat. 1547; Pub. L. 112–166, § 2(p), Aug. 10, 2012, 126 Stat. 1288; Pub. L. 117–286, § 4(b)(87), Dec. 27, 2022, 136 Stat. 4352.)
§ 12651f. Employees, consultants, and other personnel
(a) Employees
(b) Alternative personnel system
(1) Authority
(2) Appointment in the competitive service after employment under alternative personnel system
(3) Selection and compensation system
(A) Establishment of system
(B) Application
(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
(c) Corporation representative in each State
(1) Designation of representative
(2) Duties
The representative designated under this subsection for a State or group of States shall serve as the liaison between—
(A) the Corporation and the State Commission that is established in the State or States;
(B) the Corporation and any subdivision of a State, territory, Indian tribe, public or private nonprofit organization, or institution of higher education, in the State or States, that is awarded a grant under section 12571 of this title directly from the Corporation; and
(C) after the effective date of section 203(c)(2) of the National and Community Service Trust Act of 1993, the State Commission and the Corporation employee responsible for programs under the Domestic Volunteer Service Act of 1973 [42 U.S.C. 4950 et seq.] in the State, if the employee is not the representative described in paragraph (1) for the State.
(3) Nonvoting member of State Commission
(4) Compensation
(d) Consultants
(e) Details of personnel
(f) Advisory committees
(1) Establishment
(2) Composition
(3) Expenses
(4) Staff
(A) In general
(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
(g) Personal services contracts
(Pub. L. 101–610, title I, § 195, as added and amended Pub. L. 103–82, title II, §§ 202(a), 203(a)(1)(B), Sept. 21, 1993, 107 Stat. 883, 891; Pub. L. 111–13, title I, § 1706, Apr. 21, 2009, 123 Stat. 1547; Pub. L. 117–286, § 4(b)(88), Dec. 27, 2022, 136 Stat. 4352.)
§ 12651g. Administration
(a) Donations
(1) Services
(A) Organizations and individuals
(B) Limitation
A person who provides assistance, either individually or as a member of an organization, in accordance with subparagraph (A) shall not be considered to be a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits, except that—
(i) for the purposes of the tort claims provisions of chapter 171 of title 28, such a person shall be considered to be a Federal employee;
(ii) for the purposes of subchapter I of chapter 81 of title 5 relating to compensation to Federal employees for work injuries, such persons shall be considered to be employees, as defined in section 8101(1)(B) of title 5 and the provisions of such subchapter shall apply; and
(iii) for purposes of the provisions of chapter 11 of part I of title 18, such a person (to whom such provisions would not otherwise apply except for this subsection) shall be a special Government employee.
(C) Inherently governmental function
(i) In general
(ii) Regulations
(iii) “Inherently governmental function” defined
(2) Property
(A) In general
(B) Status of contribution
(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
(b) Contracts
(c) Office of Management and Budget
(Pub. L. 101–610, title I, § 196, as added Pub. L. 103–82, title II, §§ 202(a), 203(a)(1)(B), Sept. 21, 1993, 107 Stat. 885, 891; amended Pub. L. 111–13, title I, § 1707, Apr. 21, 2009, 123 Stat. 1548.)
§ 12651h. Corporation State offices
(a) In general
(b) Duties
Each State office established pursuant to subsection (a) shall—
(1) provide to the State Commissions established under section 12638 of this title technical and other assistance for the development and implementation of national service plans under section 12638(e)(1) of this title;
(2) provide to community-based agencies and other entities within the State technical assistance for the preparation of applications for assistance under the national service laws, utilizing, as appropriate, information and materials provided by the clearinghouses established pursuant to section 12653a 1
1 See References in Text note below.
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.
(Pub. L. 101–610, title I, § 196A, as added Pub. L. 103–82, title II, § 202(a), Sept. 21, 1993, 107 Stat. 887.)
§ 12651i. VISTA Advance Payments Revolving Fund
Notwithstanding section 101,1
1 See References in Text note below.
the level for “Corporation for National and Community Service, Domestic Volunteer Service Programs, Operating Expenses” shall be $316,550,000, of which $3,500,000 shall be for establishment in the Treasury of a VISTA Advance Payments Revolving Fund (in this section referred to as the “Fund”) for the Corporation for National and Community Service which, in addition to reimbursements collected from eligible public agencies and private nonprofit organizations pursuant to cost-share agreements, shall be available until expended to make advance payments in furtherance of title I of the Domestic Volunteer Service Act of 1973 [42 U.S.C. 4951 et seq.]: Provided, That up to 10 percent of funds appropriated to carry out title I of such Act may be transferred to the Fund if the Chief Executive Officer of the Corporation for National and Community Service determines that the amounts in the Fund are not sufficient to cover expenses of the Fund: Provided further, That the Corporation for National and Community Service shall provide detailed information on the activities and financial status of the Fund during the preceding fiscal year in the annual congressional budget justifications to the Committees on Appropriations of the House of Representatives and the Senate.(Pub. L. 109–289, div. B, title II, § 20638, as added Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 36.)
§ 12651j. Assignment to State Commissions
(a) Assignment
(b) Report
(Pub. L. 101–610, title I, § 196B, as added Pub. L. 111–13, title I, § 1708, Apr. 21, 2009, 123 Stat. 1548.)
§ 12651k. Study of involvement of veterans
(a) Study and report
The Corporation shall conduct a study and submit a report to the authorizing committees, not later than 3 years after the effective date of the Serve America Act, on—
(1) the number of veterans serving in national service programs historically by year;
(2) strategies being undertaken to identify the specific areas of need of veterans, including any goals set by the Corporation for veterans participating in the service programs;
(3) the impact of the strategies described in paragraph (2) and the Veterans Corps on enabling greater participation by veterans in the national service programs carried out under the national service laws;
(4) how existing programs and activities carried out under the national service laws could be improved to serve veterans, veterans service organizations, families of active-duty military, including gaps in services to veterans;
(5) the extent to which existing programs and activities carried out under the national service laws are coordinated and recommendations to improve such coordination including the methods for ensuring the efficient financial organization of services directed towards veterans; and
(6) how to improve utilization of veterans as resources and volunteers.
(b) Consultation
(Pub. L. 101–610, title I, § 196C, as added Pub. L. 111–13, title I, § 1709, Apr. 21, 2009, 123 Stat. 1549.)
§ 12655. General authority
The Corporation may make grants to States or local applicants and may transfer funds to the Secretary of Agriculture or to the Secretary of the Interior for the creation or expansion of full-time, part-time, year-round, or summer, youth corps programs 1
1 So in original. Probably should be followed by a period.
To the extent practicable, the Corporation shall apply the provisions of division C in making grants under this section.(Pub. L. 101–610, title I, § 199A, formerly § 121, Nov. 16, 1990, 104 Stat. 3140; Pub. L. 102–384, § 5, Oct. 5, 1992, 106 Stat. 1455; renumbered § 199A and amended Pub. L. 103–82, title I, § 101(a), (e)(1), (2), Sept. 21, 1993, 107 Stat. 788, 815.)
§ 12655a. Limitation on purchase of capital equipment
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.
(Pub. L. 101–610, title I, § 199B, formerly § 122, Nov. 16, 1990, 104 Stat. 3140; Pub. L. 102–10, § 5(2), Mar. 12, 1991, 105 Stat. 30; renumbered § 199B and amended Pub. L. 103–82, title I, § 101(a), (e)(3), Sept. 21, 1993, 107 Stat. 788, 815.)
§ 12655b. State application
(a) Submission
(b) General span
An application submitted under subsection (a) shall describe—
(1) any youth corps program proposed to be conducted directly by such applicant with assistance provided under this division; and
(2) any grant program proposed to be conducted by such State with assistance provided under this division for the benefit of entities within such State.
(Pub. L. 101–610, title I, § 199C, formerly § 123, Nov. 16, 1990, 104 Stat. 3141; Pub. L. 102–10, § 5(3), Mar. 12, 1991, 105 Stat. 30; renumbered § 199C and amended Pub. L. 103–82, title I, § 101(a), (e)(1), (4), Sept. 21, 1993, 107 Stat. 788, 815.)
§ 12655c. Focus of programs
(a) In generalPrograms 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
1 So in original. The comma probably should not appear.
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
(Pub. L. 101–610, title I, § 199D, formerly § 124, Nov. 16, 1990, 104 Stat. 3143; Pub. L. 102–10, § 5(4), Mar. 12, 1991, 105 Stat. 30; renumbered § 199D and amended Pub. L. 103–82, title I, § 101(a), (e)(1), (5), Sept. 21, 1993, 107 Stat. 788, 815, 816.)
§ 12655d. Related programs
An activity administered under the authority of the Secretary of Health and Human Services, that is operated for the same purpose as a program eligible to be carried out under this division, is encouraged to use services available under this division.
(Pub. L. 101–610, title I, § 199E, formerly § 125, Nov. 16, 1990, 104 Stat. 3144; renumbered § 199E, Pub. L. 103–82, title I, § 101(a), Sept. 21, 1993, 107 Stat. 788.)
§ 12655e. Public lands or Indian lands
(a) Limitation
(b) Review of applications
(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
(Pub. L. 101–610, title I, § 199F, formerly § 126, Nov. 16, 1990, 104 Stat. 3144; renumbered § 199F and amended Pub. L. 103–82, title I, § 101(a), (e)(1), (6), Sept. 21, 1993, 107 Stat. 788, 815, 816.)
§ 12655f. Training and education services
(a) Assessment of skills
(b) Enhancement of skills
(c) Provision of pre-service and in-service training and education
(1) Requirement
(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
(4) Priority for participants without high school diplomas
(d) Standards and procedures
(1) Consistency with State and local requirements
(2) Academic standards
The standards and procedures described in paragraph (1) shall provide that an individual serving in a program that receives assistance under this division—
(A) who is not a high school graduate, participate in an educational curriculum so that such individual can earn a high school diploma or the equivalent of such diploma; and
(B) may arrange to receive academic credit in recognition of the education and skills obtained from service satisfactorily completed.
(Pub. L. 101–610, title I, § 199G, formerly § 127, Nov. 16, 1990, 104 Stat. 3145; renumbered § 199G, Pub. L. 103–82, title I, § 101(a), Sept. 21, 1993, 107 Stat. 788.)
§ 12655g. Repealed. Pub. L. 103–82, title I, § 101(e)(8)(A), Sept. 21, 1993, 107 Stat. 816
§ 12655h. Preference for certain projects
(a) In general
In the consideration of applications submitted under section 12655b of this title, the Corporation shall give preference to programs that—
(1) will provide long-term benefits to the public;
(2) will instill a work ethic and a sense of public service in the participants;
(3) will be labor intensive, and involve youth operating in crews;
(4) can be planned and initiated promptly; and
(5) will enhance skills development and educational level and opportunities for the participants.
(b) Special rule
(Pub. L. 101–610, title I, § 199H, formerly § 129, Nov. 16, 1990, 104 Stat. 3146; renumbered § 199I, renumbered § 199H, and amended Pub. L. 103–82, title I, § 101(a), (e)(1), (7), (8)(B), Sept. 21, 1993, 107 Stat. 788, 815, 816.)
§ 12655i. Age and citizenship criteria for enrollment
(a) Age and citizenship
Enrollment in programs that receive assistance under this division shall be limited to individuals who, at the time of enrollment, are—
(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
(c) Special corps members
(d) Joint projects with senior citizens organizations
(e) Construction
(Pub. L. 101–610, title I, § 199I, formerly § 130, Nov. 16, 1990, 104 Stat. 3146; Pub. L. 102–384, § 6, Oct. 5, 1992, 106 Stat. 1456; renumbered § 199J, renumbered § 199I, Pub. L. 103–82, title I, § 101(a), (e)(8)(B), Sept. 21, 1993, 107 Stat. 788, 816.)
§ 12655j. Use of volunteers
Program agencies may use volunteer services for purposes of assisting projects carried out under this division and may expend funds made available for those purposes to the agency, including funds made available under this division, to provide for services or costs incidental to the utilization of such volunteers, including transportation, supplies, lodging, recruiting, training, and supervision. The use of volunteer services under this section shall be subject to the condition that such use does not result in the displacement of any participant.
(Pub. L. 101–610, title I, § 199J, formerly § 131, Nov. 16, 1990, 104 Stat. 3147; renumbered § 199K, renumbered § 199J, Pub. L. 103–82, title I, § 101(a), (e)(8)(B), Sept. 21, 1993, 107 Stat. 788, 816.)
§ 12655k. Repealed. Pub. L. 103–82, title I, § 101(e)(8)(A), Sept. 21, 1993, 107 Stat. 816
§ 12655l. Living allowance
(a) Full-time service
(1) Living allowance required
(2) Limitation on Federal share
(3) Maximum living allowance
(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
(b) Reduction in existing program benefits
(1) In general
(2) Fair Labor Standards Act of 1938
(c) Health insurance
(d) Facilities, services, and supplies
(1) In general
(2) Evaluation
(3) Duties of program agency
(4) Other Federal agencies
(A) In general
(B) Secretary of Defense
(5) Health and safety standards
(Pub. L. 101–610, title I, § 199K, formerly § 133, Nov. 16, 1990, 104 Stat. 3147; Pub. L. 102–10, § 5(6), Mar. 12, 1991, 105 Stat. 30; renumbered § 199M, renumbered § 199K, and amended Pub. L. 103–82, title I, § 101(a), (d), (e)(1), (8)(B), Sept. 21, 1993, 107 Stat. 788, 814–816.)
§ 12655m. Joint programs
(a) Development
(b) Standards
(c) Operation of management agreements
(d) Coordination
(Pub. L. 101–610, title I, § 199L, formerly § 134, Nov. 16, 1990, 104 Stat. 3148; renumbered § 199N, renumbered § 199L, and amended Pub. L. 103–82, title I, § 101(a), (e)(1), (8)(B), Sept. 21, 1993, 107 Stat. 788, 815, 816; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(42)(C), (f)(33)(B)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–428, 2681–434; Pub. L. 113–128, title V, § 512(u)(2), July 22, 2014, 128 Stat. 1712.)
§ 12655n. Federal and State employee status
(a) In general
(b) Non-Federal employees
(1) In general
(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
1 So in original. Probably should be “provisions”.
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
(4) Allowance for quarters
(c) Availability of appropriation
(Pub. L. 101–610, title I, § 199M, formerly § 135, Nov. 16, 1990, 104 Stat. 3149; renumbered § 199O, renumbered § 199M, Pub. L. 103–82, title I, § 101(a), (e)(8)(B), Sept. 21, 1993, 107 Stat. 788, 816, as amended Pub. L. 103–304, § 3(b)(1), Aug. 23, 1994, 108 Stat. 1567.)
§ 12656. Urban Youth Corps
(a) FindingsThe 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) PurposeIt 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) DefinitionsFor purposes of this section:
(1) Appropriate service project
(2) Corps and Urban Youth Corps
(3) Qualified urban youth corpsThe 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
(5) State
(d) Establishment of Urban Youth Corps
(1) Establishment
(2) Use of qualified urban youth corps
(3) Service projects
(4) Preference for certain projectsIn 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
(e) Living allowances
(f) Terms of service
(g) Educational awards
(1) Eligibility
(2) Forbearance in the collection of Stafford loans
(h) Nondisplacement
(i) Cost sharing
(1) Projects by qualified urban youth corps
(2) Donations
(3) Funds available under National and Community Service Act
(Pub. L. 103–82, title I, § 106, Sept. 21, 1993, 107 Stat. 854.)
§ 12657. Training and technical assistance
(a) In generalThe Corporation shall, directly or through grants, contracts, or cooperative agreements (including through State Commissions), conduct appropriate training for and provide technical assistance to—
(1) programs receiving assistance under the national service laws; and
(2) entities (particularly entities in rural areas and underserved communities) that desire to—
(A) carry out or establish national service programs; or
(B) apply for assistance (including subgrants) under the national service laws.
(b) Activities includedSuch training and technical assistance activities may include—
(1) providing technical assistance to entities applying to carry out national service programs or entities carrying out national service programs;
(2) promoting leadership development in national service programs;
(3) improving the instructional and programmatic quality of national service programs;
(4) developing the management and budgetary skills of individuals operating or overseeing national service programs, including developing skills to increase the cost effectiveness of the programs under the national service laws;
(5) providing for or improving the training provided to the participants in programs under the national service laws;
(6) facilitating the education of individuals participating in national service programs in risk management procedures, including the training of participants in appropriate risk management practices;
(7) training individuals operating or overseeing national service programs—
(A) in volunteer recruitment, management, and retention to improve the abilities of such individuals to use participants and other volunteers in an effective manner, which training results in high-quality service and the desire of participants and volunteers to continue to serve in other capacities after the program is completed;
(B) in program evaluation and performance measures to inform practices to augment the capacity and sustainability of the national service programs; or
(C) to effectively accommodate individuals with disabilities to increase the participation of individuals with disabilities in national service programs, which training may utilize funding from the reservation of funds under section 12581(k) of this title to increase the participation of individuals with disabilities;
(8) establishing networks and collaboration among employers, educators, and other key stakeholders in the community to further leverage resources to increase local participation in national service programs, and to coordinate community-wide planning and service with respect to national service programs;
(9) providing training and technical assistance for the National Senior Service Corps, including providing such training and technical assistance to programs receiving assistance under section 5001 of this title; and
(10) carrying out such other activities as the Chief Executive Officer determines to be appropriate.
(c) PriorityIn carrying out this section, the Corporation shall give priority to programs under the national service laws and entities eligible to establish such programs that seek training or technical assistance and that—
(1) seek to carry out high-quality programs where the services are needed most;
(2) seek to carry out high-quality programs where national service programs do not exist or where the programs are too limited to meet community needs;
(3) seek to carry out high-quality programs that focus on and provide service opportunities for underserved rural and urban areas and populations; and
(4) seek to assist programs in developing a service component that combines students, out-of-school youths, and older adults as participants to provide needed community services.
(Pub. L. 101–610, title I, § 199N, as added Pub. L. 111–13, title I, § 1821, Apr. 21, 2009, 123 Stat. 1577.)