Authorizing Citation

Page 7523

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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

PART I—ADDITIONAL CORPORATION ACTIVITIES
TO SUPPORT NATIONAL SERVICE
§ 12653. Additional Corporation activities to support national service
(a) Methods of conducting activities
The Corporation may carry out this section directly (except as provided in subsection (g)) or
through grants, contracts, and cooperative
agreements with other entities.
(b) Innovation and quality improvement
The Corporation may undertake activities to
address emergent needs through summer programs and other activities, and to support service-learning programs and national service programs, including—
(1) programs, including programs for rural
youth, under division B or C;
(2) employer-based retiree programs;
(3) intergenerational programs;
(4) programs involving individuals with disabilities as participants providing service; and
(5) programs sponsored by Governors.
(c) Conferences and materials
The Corporation may organize and hold conferences, and prepare and publish materials, to
disseminate information and promote the sharing of information among programs for the purpose of improving the quality of programs and
projects.
(d) Research
The Corporation may support research on national service, including service-learning.
(e) Youth leadership
The Corporation may support activities to enhance the ability of youth and young adults to
play leadership roles in national service.
(f) National program identity
The Corporation may support the development
and dissemination of materials, including training materials, and arrange for uniforms and insignia, designed to promote unity and shared
features among programs that receive assistance under the national service laws.
(g) Global Youth Service Day
(1) Designation
April 24, 2009, and April 23, 2010, are each designated as ‘‘Global Youth Service Days’’. The
President is authorized and directed to issue a
proclamation calling on the people of the
United States to observe the day with appropriate youth-led community improvement and
service-learning activities.
(2) Federal activities
In order to observe Global Youth Service
Day at the Federal level, the Corporation and

§ 12653

other Federal departments and agencies may
organize and carry out appropriate youth-led
community improvement and service-learning
activities.
(3) Activities
The Corporation and other Federal departments and agencies may make grants to public or private nonprofit organizations with
demonstrated ability to carry out appropriate
activities, in order to support such activities
on Global Youth Service Day.
(h) Assistance for Head Start
The Corporation may make grants to, and
enter into contracts and cooperative agreements
with, public or nonprofit private agencies and
organizations that receive grants or contracts
under the Foster Grandparent Program (part B
of title II of the Domestic Volunteer Service Act
of 1973 [42 U.S.C. 5011 et seq.]), for projects of the
type described in section 211(a) of such Act [42
U.S.C. 5011] operating under memoranda of
agreement with the Corporation, for the purpose
of increasing the number of low-income individuals who provide services under such program to
children who participate in Head Start programs
under the Head Start Act (42 U.S.C 9831 et seq).
(i) Martin Luther King, Jr., Service Day
(1) Assistance
The Corporation may make grants to eligible entities described in paragraph (2) to pay
for the Federal share of the cost of planning
and carrying out service opportunities in conjunction with the Federal legal holiday honoring the birthday of Martin Luther King, Jr.
Such service opportunities shall consist of activities reflecting the life and teachings of
Martin Luther King, Jr., such as cooperation
and understanding among racial and ethnic
groups, nonviolent conflict resolution, equal
economic and educational opportunities, and
social justice.
(2) Eligible entities
Any entity otherwise eligible for assistance
under the national services laws shall be eligible to receive a grant under this subsection.
(3) Repealed. Pub. L. 105–354, § 2(b), Nov. 3,
1998, 112 Stat. 3244
(4) Federal share
Grants provided under this subsection to an
eligible entity to support the planning and
carrying out of a service opportunity in conjunction with the Federal legal holiday honoring the birthday of Martin Luther King, Jr.,
together with all other Federal funds used to
plan or carry out the service opportunity, may
not exceed 30 percent of the cost of planning
and carrying out the service opportunity.
(5) Calculation of entity contributions
In determining the non-Federal share of the
costs of planning and carrying out a service
opportunity supported by a grant under this
subsection, the Corporation shall consider inkind contributions (including facilities, equipment, and services) made to plan or carry out
the service opportunity.
(j) Call to Service Campaign
Not later than 180 days after April 21, 2009, the
Corporation shall conduct a nationwide ‘‘Call To

§ 12653

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Service’’ campaign, to encourage all people of
the United States, regardless of age, race, ethnicity, religion, or economic status, to engage in
full- or part-time national service, long- or
short-term public service in the nonprofit sector
or government, or volunteering. In conducting
the campaign, the Corporation may collaborate
with other Federal agencies and entities, State
Commissions, Governors, nonprofit and faithbased organizations, businesses, institutions of
higher education, elementary schools, and secondary schools.
(k) September 11th Day of Service
(1) Federal activities
The Corporation may organize and carry out
appropriate ceremonies and activities, which
may include activities that are part of the
broader Call to Service Campaign under subsection (j), in order to observe the September
11th National Day of Service and Remembrance at the Federal level.
(2) Activities
The Corporation may make grants and provide other support to community-based organizations to assist in planning and carrying
out appropriate service, charity, and remembrance opportunities in conjunction with the
September 11th National Day of Service and
Remembrance.
(3) Consultation
The Corporation may consult with and make
grants or provide other forms of support to
nonprofit organizations with expertise in representing families of victims of the September
11, 2001 terrorist attacks and other impacted
constituencies, and in promoting the establishment of September 11 as an annually recognized National Day of Service and Remembrance.
(Pub. L. 101–610, title I, § 198, as added and
amended Pub. L. 103–82, title I, § 104(c), title IV,
§ 405(p)(2), Sept. 21, 1993, 107 Stat. 840, 922; Pub. L.
103–304, § 3(a), (b)(6), Aug. 23, 1994, 108 Stat. 1566,
1568; Pub. L. 105–354, § 2(b), Nov. 3, 1998, 112 Stat.
3244; Pub. L. 111–13, title I, § 1802, Apr. 21, 2009,
123 Stat. 1552.)
REFERENCES IN TEXT
The Domestic Volunteer Service Act of 1973, referred
to in subsec. (h), is Pub. L. 93–113, Oct. 1, 1973, 87 Stat.
394. Title I and part B of title II of the Act are classified generally to subchapter I (§ 4951 et seq.) and part B
(§ 5011 et seq.) of subchapter II, respectively, of chapter
66 of this title. For complete classification of this Act
to the Code, see Short Title note set out under section
4950 of this title and Tables.
The Head Start Act, referred to in subsec. (h), is subchapter B (§§ 635–657) of chapter 8 of subtitle A of title
VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, which is
classified generally to subchapter II (§ 9831 et seq.) of
chapter 105 of this title. For complete classification of
this Act to the Code, see Short Title note set out under
section 9801 of this title and Tables.

Page 7524

AMENDMENTS
2009—Pub. L. 111–13, § 1802(a)(3), redesignated subsecs.
(g), (k), (n), (o), (q), (r), and (s) as (c) to (i), respectively,
and struck out former subsecs. (c) to (f), (h) to (j), (l),
(m), and (p), which related to summer programs, community-based agencies, improving ability to apply for
assistance, national service fellowships, Peace Corps
and VISTA training, promotion and recruitment, training, intergenerational support, planning coordination,
and service-learning, respectively.
Subsec. (a). Pub. L. 111–13, § 1802(a)(1), substituted
‘‘subsection (g)’’ for ‘‘subsection (r) of this section’’.
Subsec. (b). Pub. L. 111–13, § 1802(a)(2), substituted ‘‘to
address emergent needs through summer programs and
other activities, and to support service-learning programs and national service programs, including—’’ for
‘‘to improve the quality of national service programs,
including service-learning programs, and to support innovative and model programs, including—’’ in introductory provisions.
Subsec. (g). Pub. L. 111–13, § 1802(b)(1)(A), substituted
‘‘Global’’ for ‘‘National’’ in heading.
Subsec. (g)(1). Pub. L. 111–13, § 1802(b)(1)(B), (C), substituted ‘‘April 24, 2009, and April 23, 2010, are each designated as ‘Global Youth Service Days’.’’ for ‘‘April 19,
1994, and April 18, 1995, are each designated as ‘National
Youth Service Day’.’’ and ‘‘appropriate youth-led community improvement and service-learning activities’’
for ‘‘appropriate ceremonies and activities’’.
Subsec. (g)(2). Pub. L. 111–13, § 1802(b)(1)(B), (D), substituted ‘‘Global Youth’’ for ‘‘National Youth’’, inserted ‘‘and other Federal departments and agencies’’
after ‘‘Corporation’’, and substituted ‘‘youth-led community improvement and service-learning activities’’
for ‘‘ceremonies and activities’’.
Subsec. (g)(3). Pub. L. 111–13, § 1802(b)(1)(B), (E), inserted ‘‘and other Federal departments and agencies’’
after ‘‘Corporation’’ and substituted ‘‘Global Youth’’
for ‘‘National Youth’’.
Subsecs. (j), (k). Pub. L. 111–13, § 1802(c), added subsecs. (j) and (k).
1998—Subsec. (s)(3). Pub. L. 105–354 struck out heading
and text of par. (3). Text read as follows: ‘‘In making
grants under this subsection, the Corporation shall
consult with the Martin Luther King, Jr. Federal Holiday Commission established under section 169j–1 of
title 36.’’
1994—Subsec. (q)(1). Pub. L. 103–304, § 3(b)(6), substituted ‘‘1995,’’ for ‘‘1995’’.
Subsec. (s). Pub. L. 103–304, § 3(a), added subsec. (s).
1993—Subsec. (r). Pub. L. 103–82, § 405(p)(2), substituted
‘‘Corporation’’ for ‘‘ACTION Agency’’.
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–13 effective Oct. 1, 2009,
see section 6101(a) of Pub. L. 111–13, set out as a note
under section 4950 of this title.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by section 405(p)(2) of Pub. L. 103–82 effective Apr. 4, 1994, see section 406(b) of Pub. L. 103–82,
set out as a note under section 8332 of Title 5, Government Organization and Employees.
EFFECTIVE DATE
Division effective Oct. 1, 1993, see section 123 of Pub.
L. 103–82, set out as an Effective Date of 1993 Amendment note under section 1701 of Title 16, Conservation.

PRIOR PROVISIONS

EXECUTIVE ORDER NO. 13560

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

Ex. Ord. No. 13560, Dec. 14, 2010, 75 F.R. 78875, which
established the White House Council for Community
Solutions, was superseded and revoked by Ex. Ord. No.
13748, § 5, Nov. 16, 2016, 81 F.R. 83621, set out as a note
under section 601 of Title 5, Government Organization
and Employees.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 12653b

§ 12653a. Presidential awards for service

§ 12653b. ServeAmerica Fellowships

(a) Presidential awards
(1) In general

(a) Definitions
In this section:
(1) Area of national need
The term ‘‘area of national need’’ means an
area involved in efforts to—
(A) improve education in schools for economically disadvantaged students;
(B) expand and improve access to health
care;
(C) improve energy efficiency and conserve
natural resources;
(D) improve economic opportunities for
economically disadvantaged individuals; or
(E) improve disaster preparedness and response.
(2) Eligible fellowship recipient

The President, acting through the Corporation, may make Presidential awards for service to individuals providing significant service, and to outstanding service programs.
(2) Individuals and programs
Notwithstanding section 12511 of this title—
(A) an individual receiving an award under
this subsection need not be a participant in
a program authorized under this chapter;
and
(B) a program receiving an award under
this subsection need not be a program authorized under this chapter.
(3) Nature of award
In making an award under this section to an
individual or program, the President, acting
through the Corporation—
(A) is authorized to incur necessary expenses for the honorary recognition of the
individual or program; and
(B) is not authorized to make a cash award
to such individual or program.
(b) Information
The President, acting through the Corporation, shall ensure that information concerning
individuals and programs receiving awards
under this section is widely disseminated.
(Pub. L. 101–610, title I, § 198A, formerly § 198B, as
added Pub. L. 103–82, title I, § 104(c), Sept. 21,
1993, 107 Stat. 843; renumbered § 198A and amended Pub. L. 111–13, title I, §§ 1803(b), 1804, Apr. 21,
2009, 123 Stat. 1554.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(2), was in the
original ‘‘this Act’’, meaning Pub. L. 101–610, Nov. 16,
1990, 104 Stat. 3127, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section
12501 of this title and Tables.
CODIFICATION
Section was formerly classified to section 12653b of
this title.
PRIOR PROVISIONS
A prior section 12653a, Pub. L. 101–610, title I, § 198A,
as added Pub. L. 103–82, title I, § 104(c), Sept. 21, 1993, 107
Stat. 842, related to clearinghouses, prior to repeal by
Pub. L. 111–13, title I, § 1803(a)(1), Apr. 21, 2009, 123 Stat.
1554, effective Oct. 1, 2009.
Another prior section 12653a, Pub. L. 101–610, title I,
§ 195A, as added Pub. L. 102–484, div. A, title X,
§ 1092(a)(1), Oct. 23, 1992, 106 Stat. 2523, which provided
for establishment of Civilian Community Corps Demonstration Program, was renumbered section 152 of
Pub. L. 101–610 by Pub. L. 103–82, § 104(b), and transferred to section 12612 of this title.
AMENDMENTS
2009—Subsec. (a)(2). Pub. L. 111–13, § 1804, substituted
‘‘section 12511’’ for ‘‘section 12511(19)’’.
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–13 effective Oct. 1, 2009,
see section 6101(a) of Pub. L. 111–13, set out as a note
under section 4950 of this title.

The term ‘‘eligible fellowship recipient’’
means an individual who is selected by a State
Commission under subsection (c) and, as a result of such selection, is eligible for a
ServeAmerica Fellowship.
(3) Fellow
The term ‘‘fellow’’ means an eligible fellowship recipient who is awarded a ServeAmerica
Fellowship and is designated a fellow under
subsection (e)(2).
(4) Small service sponsor organization
The term ‘‘small service sponsor organization’’ means a service sponsor organization described in subsection (d)(1) that has not more
than 10 full-time employees and 10 part-time
employees.
(b) Grants
(1) In general
From the amounts appropriated under section 12681(a)(4)(B) of this title and allotted
under paragraph (2)(A), the Corporation shall
make grants (including financial assistance
and a corresponding allotment of approved national service positions), to the State Commission of each of the several States, the District
of Columbia, and the Commonwealth of Puerto
Rico with an application approved under this
section, to enable such State Commissions to
award ServeAmerica Fellowships under subsection (e).
(2) Allotment; administrative costs
(A) Allotment
The amount allotted to a State Commission for a fiscal year shall be equal to an
amount that bears the same ratio to the
amount
appropriated
under
section
12681(a)(4)(B) of this title, as the population
of the State bears to the total population of
the several States, the District of Columbia,
and the Commonwealth of Puerto Rico.
(B) Reallotment
If a State Commission does not apply for
an allotment under this subsection for any
fiscal year, or if the State Commission’s application is not approved, the Corporation
shall reallot the amount of the State Commission’s allotment to the remaining State
Commissions in accordance with subparagraph (A).