Authorizing Citation

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(c) Inapplicable provisions
The following provisions shall not apply to
programs funded under this section:
(1) The limitation on administrative costs
under section 12571(d) of this title.
(2) The matching funds requirements under
section 12571(e) of this title.
(3) The living allowance and other benefits
under sections 12583(e) and 12594 of this title
(other than individualized support services for
participants with disabilities under section
12594(f) of this title).
(Pub. L. 101–610, title I, § 129A, as added Pub. L.
111–13, title I, § 1307, Apr. 21, 2009, 123 Stat. 1505.)
EFFECTIVE DATE
Section effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

§ 12582. Application for assistance and approved
national service positions
(a) Time, manner, and content of application
To be eligible to receive assistance under section 12571(a) of this title or approved national
service positions for participants who serve in
the national service programs to be carried out
using the assistance, a State, territory, subdivision of a State, Indian tribe, public or private
nonprofit organization, or institution of higher
education shall prepare and submit to the Corporation an application at such time, in such
manner, and containing such information as the
Corporation may reasonably require.
(b) Types of permissible application information
In order to have adequate information upon
which to consider an application under section
12585 of this title, the Corporation may require
the following information to be provided in an
application submitted under subsection (a):
(1) A description of the national service programs proposed to be carried out directly by
the applicant using assistance provided under
section 12571 of this title.
(2) A description of the national service programs that are selected by the applicant to receive a grant using assistance requested under
section 12571 of this title and a description of
the process and criteria by which the programs were selected.
(3) A description of other funding sources to
be used, or sought to be used, for the national
service programs referred to in paragraphs (1)
and (2), and, if the application is submitted for
the purpose of seeking a renewal of assistance,
a description of the success of the programs in
reducing their reliance on Federal funds.
(4) A description of the extent to which the
projects to be conducted using the assistance
will address unmet human, educational, environmental, or public safety needs and produce
a direct benefit for the community in which
the projects are performed.
(5) A description of the plan to be used to recruit participants, including youth who are individuals with disabilities and economically
disadvantaged young men and women, for the
national service programs referred to in paragraphs (1) and (2).

§ 12582

(6) A description of the manner in which the
national service programs referred to in paragraphs (1) and (2) build on existing programs,
including Federal programs.
(7) A description of the manner in which the
national service programs referred to in paragraphs (1) and (2) will involve participants—
(A) in projects that build an ethic of civic
responsibility and produce a positive change
in the lives of participants through training
and participation in meaningful service experiences and opportunities for reflection on
such experiences; and
(B) in leadership positions in implementing and evaluating the program.
(8) Measurable goals for the national service
programs referred to in paragraphs (1) and (2),
and a strategy to achieve such goals, in terms
of—
(A) the impact to be made in meeting
unmet human, educational, environmental,
or public safety needs; and
(B) the service experience to be provided to
participants in the programs.
(9) A description of the manner and extent to
which the national service programs referred
to in paragraphs (1) and (2) conform to the national service priorities established by the
Corporation under section 12572(f) of this title.
(10) A description of the past experience of
the applicant in operating a comparable program or in conducting a grant program in support of other comparable service programs.
(11) A description of the type and number of
proposed service positions in which participants will receive the national service educational award described in division D and a
description of the manner in which approved
national service positions will be apportioned
by the applicant.
(12) A description of the manner and extent
to which participants, representatives of the
community served, community-based agencies
with a demonstrated record of experience in
providing services, municipalities and governments of counties in which such a community
is located, and labor organizations contributed
to the development of the national service
programs referred to in paragraphs (1) and (2),
including the identity of the individual representing each appropriate labor organization
(if any) who was consulted and the nature of
the consultation.
(13) Such other information as the Corporation may reasonably require.
(c) Required application information
An application submitted under subsection (a)
shall contain the following information:
(1) A description of the proposed positions
into which participants will be placed using
the assistance provided under section 12571 of
this title.
(2) A description of the proposed minimum
qualifications that individuals shall meet to
become participants in such programs.
(3) In the case of a nonprofit organization intending to operate programs in 2 or more
States, a description of the manner in which
and extent to which the organization con-

§ 12582

TITLE 42—THE PUBLIC HEALTH AND WELFARE

sulted with the State Commissions of each
State in which the organization intends to operate and the nature of the consultation.
(d) Additional required application information
An application submitted under subsection (a)
for programs described in 12572(a) 1 of this title
shall also contain—
(1) measurable goals, to be used for annual
measurements of the program’s performance
on 1 or more of the corresponding indicators
described in section 12572 of this title;
(2) information describing how the applicant
proposes to utilize funds to improve performance on the corresponding indicators utilizing
participants, including describing the activities in which such participants will engage to
improve performance on those indicators;
(3) information identifying the geographical
area in which the eligible entity proposing to
carry out the program proposes to use funds to
improve performance on the corresponding indicators, and demographic information on the
students or individuals, as appropriate, in such
area, and statistics demonstrating the need to
improve such indicators in such area; and
(4) if applicable, information on how the eligible entity will work with other communitybased entities to carry out activities to improve performance on the corresponding indicators using such funds.
(e) Application to receive only approved national
service positions
(1) Applicability of subsection
This subsection shall apply in the case of an
application in which—
(A) the applicant is not seeking assistance
under section 12571(a) of this title, but requests national service educational awards
for individuals serving in service positions
described in section 12573 of this title; or
(B) the applicant requests national service
educational awards for service positions described in section 12573 of this title, but the
positions are not positions in a national
service program described in subsection (a),
(b), or (c) of section 12572 of this title for
which assistance may be provided under section 12571(a) of this title.
(2) Special application requirements
For the applications described in paragraph
(1), the Corporation shall establish special application requirements in order to determine—
(A) whether the service positions meet
unmet human, educational, environmental,
or public safety needs and meet the criteria
for assistance under this division; and
(B) whether the Corporation should approve the positions as approved national
service positions.
(f) Special rule for State applicants
(1) Submission by State Commission
The application of a State for approved national service positions or for a grant under
section 12571(a) of this title shall be submitted
by the State Commission.
1 So

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

Page 7628

(2) Competitive selection
The application of a State shall contain an
assurance that all assistance provided under
section 12571(a) of this title to the State will
be used to support national service programs
that were or will be selected by the State on
a competitive basis. In making such competitive selections, the State shall seek to ensure
the equitable allocation within the State of
assistance and approved national service positions provided under this division to the State
taking into consideration such factors as the
location of the programs applying to the
State, population density, and economic distress.
(3) Assistance to non-State entities
The application of a State shall also contain
an assurance that not less than 60 percent of
the assistance will be used to make grants in
support of national service programs other
than national service programs carried out by
a State agency. The Corporation may permit a
State to deviate from the percentage specified
by this subsection if the State has not received a sufficient number of acceptable applications to comply with the percentage.
(g) Special rule for certain applicants
(1) Written concurrence
In the case of an applicant that proposes to
also serve as the service sponsor, the application shall include the written concurrence of
any local labor organization representing employees of the service sponsor who are engaged
in the same or substantially similar work as
that proposed to be carried out.
(2) Applicant defined
For purposes of this subsection, the term
‘‘applicant’’ means—
(A) a State, subdivision of a State, territory, Indian tribe, public or private nonprofit organization, or institution of higher
education submitting an application under
this section; or
(B) an entity applying for assistance or approved national service positions through a
grant program conducted using assistance
provided to a State, subdivision of a State,
territory, Indian tribe, public or private
nonprofit organization, or institution of
higher education under section 12571 of this
title.
(h) Limitation on same project receiving multiple grants
Unless specifically authorized by law, the Corporation may not provide more than 1 grant
under the national service laws for a fiscal year
to support the same project under the national
service laws.
(Pub. L. 101–610, title I, § 130, as added Pub. L.
103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 800;
amended Pub. L. 111–13, title I, § 1308, Apr. 21,
2009, 123 Stat. 1505.)
PRIOR PROVISIONS
A prior section 130 of Pub. L. 101–610 was renumbered
section 199I and is classified to section 12655i of this
title.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE
AMENDMENTS

2009—Subsec. (a). Pub. L. 111–13, § 1308(1), substituted
‘‘section 12571(a)’’ for ‘‘section 12571’’, inserted ‘‘territory,’’ after ‘‘assistance, a State,’’, and substituted ‘‘or
institution of higher education’’ for ‘‘institution of
higher education, or Federal agency’’.
Subsec. (b)(9). Pub. L. 111–13, § 1308(2)(A), substituted
‘‘section 12572(f)’’ for ‘‘section 12572(c)’’.
Subsec. (b)(12). Pub. L. 111–13, § 1308(2)(B), inserted
‘‘municipalities and governments of counties in which
such a community is located,’’ after ‘‘providing services,’’.
Subsec. (c)(1). Pub. L. 111–13, § 1308(3)(A), substituted
‘‘proposed positions’’ for ‘‘jobs or positions’’ and a period for ‘‘, including descriptions of specific tasks to be
performed by such participants.’’
Subsec. (c)(2). Pub. L. 111–13, § 1308(3)(B), inserted
‘‘proposed’’ before ‘‘minimum’’.
Subsec. (c)(3). Pub. L. 111–13, § 1308(3)(C), added par.
(3).
Subsec. (d). Pub. L. 111–13, § 1308(5), added subsec. (d)
and redesignated former subsec. (d) as (e).
Subsec. (d)(1). Pub. L. 111–13, § 1308(4), substituted
‘‘section 12571(a)’’ for ‘‘subsection (a) or (b) of section
12571’’ in subpars. (A) and (B) and ‘‘subsection (a), (b),
or (c) of section 12572’’ for ‘‘section 12572(a)’’ in subpar.
(B).
Subsecs. (e), (f). Pub. L. 111–13, § 1308(5), redesignated
subsecs. (d) and (e) as (e) and (f), respectively. Former
subsec. (f) redesignated (g).
Subsec. (f)(2). Pub. L. 111–13, § 1308(6), which directed
substitution of ‘‘were or will be selected’’ for ‘‘were selected’’ in par. (2)(A), was executed by making the substitution in par. (2) to reflect the probable intent of
Congress because par. (2) does not contain subpars.
Subsec. (g). Pub. L. 111–13, § 1308(5), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (g)(1). Pub. L. 111–13, § 1308(7)(A), substituted
‘‘an applicant’’ for ‘‘a program applicant’’.
Subsec. (g)(2). Pub. L. 111–13, § 1308(7)(B)(i), (ii), substituted ‘‘Applicant’’ for ‘‘Program applicant’’ in heading and ‘‘applicant’’ for ‘‘program applicant’’ in introductory provisions.
Subsec. (g)(2)(A), (B). Pub. L. 111–13, § 1308(7)(B)(iii),
(iv), inserted ‘‘territory,’’ after ‘‘subdivision of a
State,’’ and substituted ‘‘or institution of higher education’’ for ‘‘institution of higher education, or Federal
agency’’.
Subsec. (h). Pub. L. 111–13, § 1308(5), (8), redesignated
subsec. (g) as (h) and amended subsec. (h) generally.
Prior to amendment, text read as follows: ‘‘The Corporation shall reject an application submitted under
this section if a project proposed to be conducted using
assistance requested by the applicant is already described in another application pending before the Corporation.’’
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–13 effective Oct. 1, 2009,
see section 6101(a) of Pub. L. 111–13, set out as a note
under section 4950 of this title.
EFFECTIVE DATE
Section effective Oct. 1, 1993, see section 123 of Pub.
L. 103–82, set out as an Effective Date of 1993 Amendment note under section 1701 of Title 16, Conservation.

§ 12583. National service program assistance requirements
(a) Impact on communities
An application submitted under section 12582
of this title shall include an assurance by the
applicant that any national service program
carried out by the applicant using assistance
provided under section 12571 of this title and any
national service program supported by a grant
made by the applicant using such assistance
will—

§ 12583

(1) address unmet human, educational, environmental, or public safety needs through
services that provide a direct benefit to the
community in which the service is performed;
and
(2) comply with the nonduplication and nondisplacement requirements of section 12637 of
this title and the grievance procedure requirements of section 12636(f) of this title.
(b) Impact on participants
An application submitted under section 12582
of this title shall also include an assurance by
the applicant that any national service program
carried out by the applicant using assistance
provided under section 12571 of this title and any
national service program supported by a grant
made by the applicant using such assistance
will—
(1) provide participants in the national service program with the training, skills, and
knowledge necessary for the projects that participants are called upon to perform;
(2) provide support services to participants,
such as the provision of appropriate information and support—
(A) to those participants who are completing a term of service and making the transition to other educational and career opportunities; and
(B) to those participants who are school
dropouts in order to assist those participants in earning the equivalent of a high
school diploma; and
(3) provide, if appropriate, structured opportunities for participants to reflect on their
service experiences.
(c) Consultation
An application submitted under section 12582
of this title shall also include an assurance by
the applicant that any national service program
carried out by the applicant using assistance
provided under section 12571 of this title and any
national service program supported by a grant
made by the applicant using such assistance
will—
(1) provide in the design, recruitment, and
operation of the program for broad-based
input from—
(A) the community served, the municipality and government of the county (if appropriate) in which the community is located,
and potential participants in the program;
and
(B) community-based agencies with a demonstrated record of experience in providing
services and local labor organizations representing employees of service sponsors, if
these entities exist in the area to be served
by the program;
(2) prior to the placement of participants,
consult with the appropriate local labor organization, if any, representing employees in the
area who are engaged in the same or similar
work as that proposed to be carried out by
such program to ensure compliance with the
nondisplacement requirements specified in
section 12637 of this title; and
(3) in the case of a program that is not funded through a State (including a national serv-