1. U.S. Code
  2. title 42
  3. chapter 129
  4. subchapter I
  5. part II
  6. § 12583

Collapse to view only § 12583. National service program assistance requirements

§ 12561. Higher education innovative programs for community service
(a) Purpose
(b) General authorityThe Corporation, in consultation with the Secretary of Education, is authorized to make grants to, and enter into contracts with, institutions of higher education (including a consortium of such institutions), and partnerships comprised of such institutions and of other public or private nonprofit organizations, to pay for the Federal share of the cost of—
(1) enabling such an institution or partnership to create or expand an organized community service program that—
(A) engenders a sense of social responsibility and commitment to the community in which the institution is located;
(B) provides projects for participants, who shall be students, faculty, administration, or staff of the institution, or residents of the community; and
(C) the institution or partnership may coordinate with service-learning curricula being offered in the academic curricula at the institution of higher education or at 1 or more members of the partnership;
(2) supporting student-initiated and student-designed community service projects through the program;
(3) strengthening the leadership and instructional capacity of institutions of higher education and their faculty, with respect to service-learning, by—
(A) including service-learning as a key component of the preservice teacher curricula of the institution to strengthen the instructional capacity of teachers to provide service-learning at the elementary and secondary levels;
(B) including service-learning as a component of other curricula or academic programs (other than education curricula or programs), such as curricula or programs relating to nursing, medicine, criminal justice, or public policy; and
(C) encouraging the faculty of the institution to use service-learning methods throughout their curriculum;
(4) facilitating the integration of community service carried out under the program into academic curricula, including integration of clinical programs into the curriculum for students in professional schools, so that students can obtain credit for their community service projects;
(5) supplementing the funds available to carry out work-study programs under part C of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq.) 1
1 See References in Text note below.
to support service-learning and community service through the community service program;
(6) strengthening the service infrastructure within institutions of higher education in the United States through the program; and
(7) providing for the training of teachers, prospective teachers, related education personnel, and community leaders in the skills necessary to develop, supervise, and organize service-learning.
(c) Federal, State, and local contributions
(1) Federal share
(A) In general
(B) Non-Federal contributionIn providing for the remaining share of the cost of carrying out such a program, each recipient of a grant or contract under this part—
(i) shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services; and
(ii) may provide for such share through State sources or local sources, including private funds or donated services.
(2) Waiver
(d) Application for grant
(1) Submission
(2) ContentsAn application submitted under paragraph (1) shall contain, at a minimum—
(A) assurances that—
(i) prior to the placement of a participant, the applicant will consult with the appropriate local labor organization, if any, representing employees in the area who are engaged in the same or similar work as that proposed to be carried out by such program, to prevent the displacement and protect the rights of such employees; and
(ii) the applicant will comply with the nonduplication and nondisplacement provisions of section 12637 of this title and the notice, hearing, and grievance procedures required by section 12636 of this title; and
(B) such other assurances as the Chief Executive Officer may reasonably require.
(e) Special considerationTo the extent practicable, in making grants and entering into contracts under subsection (b), the Corporation shall give special consideration to applications submitted by, or applications from partnerships including, institutions serving primarily low-income populations, including—
(1) Alaska Native-serving institutions;
(2) Asian American and Native American Pacific Islander-serving institutions;
(3) Hispanic-serving institutions;
(4) historically black colleges and universities;
(5) Native American-serving, nontribal institutions;
(6) Native Hawaiian-serving institutions;
(7) Predominantly black institutions;
(8) tribally controlled colleges and universities; and
(9) community colleges serving predominantly minority populations.
(f) ConsiderationsIn making grants and entering into contracts under subsection (b), the Corporation shall take into consideration whether the applicants submit applications containing proposals that—
(1) demonstrate the commitment of the institution of higher education involved, other than by demonstrating the commitment of the students, to supporting the community service projects carried out under the program;
(2) specify the manner in which the institution will promote faculty, administration, and staff participation in the community service projects;
(3) specify the manner in which the institution will provide service to the community through organized programs, including, where appropriate, clinical programs for students in professional schools and colleges;
(4) describe any partnership that will participate in the community service projects, such as a partnership comprised of—
(A) the institution;
(B)
(i) a community-based agency;
(ii) a local government agency; or
(iii) a nonprofit entity that serves or involves school-age youth, older adults, or low-income communities; and
(C)
(i) a student organization;
(ii) a department of the institution; or
(iii) a group of faculty comprised of different departments, schools, or colleges at the institution;
(5) demonstrate community involvement in the development of the proposal and the extent to which the proposal will contribute to the goals of the involved community members;
(6) demonstrate a commitment to perform community service projects in underserved urban and rural communities;
(7) describe research on effective strategies and methods to improve service utilized in the design of the projects;
(8) specify that the institution or partnership will use the assistance provided through the grant or contract to strengthen the service infrastructure in institutions of higher education;
(9) with respect to projects involving delivery of services, specify projects that involve leadership development of school-age youth; or
(10) describe the needs that the proposed projects are designed to address, such as housing, economic development, infrastructure, health care, job training, education, crime prevention, urban planning, transportation, information technology, or child welfare.
(g) Federal work-study
(h) Definition
(i) National service educational award
(Pub. L. 101–610, title I, § 118, formerly § 119, as added Pub. L. 103–82, title I, § 103(b), Sept. 21, 1993, 107 Stat. 837; renumbered § 118 and amended Pub. L. 111–13, title I, § 1202, Apr. 21, 2009, 123 Stat. 1474.)

CITE AS: 42 USC 12561

§ 12561a. Campuses of Service
(a) In general
(b) Applications for nomination
(1) In general
(2) Contents
At a minimum, the application shall include information specifying—
(A)
(i) the number of undergraduate and, if applicable, graduate service-learning courses offered at such institution for the most recent full academic year preceding the fiscal year for which designation is sought; and
(ii) the number and percentage of undergraduate students and, if applicable, the number and percentage of graduate students at such institution who were enrolled in the corresponding courses described in clause (i), for such preceding academic year;
(B) the percentage of undergraduate students engaging in and, if applicable, the percentage of graduate students engaging in activities providing community services, as defined in section 441(c) of the Higher Education Act of 1965 (42 U.S.C. 2751(c)),1
1 See References in Text note below.
during such preceding academic year, the quality of such activities, and the average amount of time spent, per student, engaged in such activities;
(C) for such preceding academic year, the percentage of Federal work-study funds made available to the institution under part C of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq.) 1 that is used to compensate students employed in providing community services, as so defined, and a description of the efforts the institution undertakes to make available to students opportunities to provide such community services and be compensated through such work-study funds;
(D) at the discretion of the institution, information demonstrating the degree to which recent graduates of the institution, and all graduates of the institution, have obtained full-time public service employment in the nonprofit sector or government, with a private nonprofit organization or a Federal, State, or local public agency; and
(E) any programs the institution has in place to encourage or assist graduates of the institution to pursue careers in public service in the nonprofit sector or government.
(c) Nominations and designation
(1) Nomination
(A) In general
A State Commission that receives applications from institutions of higher education under subsection (b) may nominate, for designation under subsection (a), not more than 3 such institutions of higher education, consisting of—
(i) not more than one 4-year public institution of higher education;
(ii) not more than one 4-year private institution of higher education; and
(iii) not more than one 2-year institution of higher education.
(B) Submission
(2) Designation
(d) Awards
(1) In general
(2) Plan
(3) Allocation
(Pub. L. 101–610, title I, § 118A, as added Pub. L. 111–13, title I, § 1203, Apr. 21, 2009, 123 Stat. 1477.)

CITE AS: 42 USC 12561a

§ 12581. Provision of assistance and approved national service positions
(a) One percent allotment for certain territories
(b) Allotment for Indian tribes
(c) Reservation of approved positions
(d) Allotment for competitive grants
(1) In general
(2) Equitable treatment
(3) Encore service programs
(4) Corps programsIn making grants under this subsection for a fiscal year, the Corporation—
(A) shall select 2 or more of the national service corps described in section 12572(a) of this title to receive grants under this subsection; and
(B) may select national service programs described in section 12572(b) of this title to receive such grants.
(e) Allotment to certain States on formula basis
(1) Grants
(2) Allotments
(3) Minimum amount
(f) Effect of failure to applyIf a State or territory fails to apply for, or fails to give notice to the Corporation of its intent to apply for, an allotment under this section, or the Corporation does not approve the application consistent with section 12585 of this title, the Corporation may use the amount that would have been allotted under this section to the State or territory to—
(1) make grants (and provide approved national service positions in connection with such grants) to other community-based entities under section 12571 of this title that propose to carry out national service programs in such State or territory; and
(2) make reallotments to other States or territories with approved applications submitted under section 12582 of this title, from the allotment funds not used to make grants as described in paragraph (1).
(g) Application required
(h) Approval of positions subject to available funds
(i) Sponsorship of approved national service positions
(1) Sponsorship authorized
(2) Deposit of contribution
(j) Reservation of funds for special assistance
(1) Reservation
(2) Limitation
(3) Timing
(k) Reservation of funds to increase the participation of individuals with disabilities
(1) Reservation
(2) Limitation
(3) Remainder
(l) Authority for fixed-amount grants
(1) In general
(A) Authority
(B) Limitation
(2) Determination of amount of fixed-amount grantsA fixed-amount grant authorized by this subsection shall be in an amount determined by the Corporation that is—
(A) significantly less than the reasonable and necessary costs of administering the program supported by the grant; and
(B) based on an amount per individual enrolled in the program receiving the grant, taking into account—
(i) the capacity of the entity carrying out the program to manage funds and achieve programmatic results;
(ii) the number of approved national service positions, approved silver scholar positions, or approved summer of service positions for the program, if applicable;
(iii) the proposed design of the program;
(iv) whether the program provides service to, or involves the participation of, disadvantaged youth or otherwise would reasonably incur a relatively higher level of costs; and
(v) such other factors as the Corporation may consider under section 12585 of this title in considering applications for assistance.
(3) Requirements for grant recipientsIn awarding a fixed-amount grant under this subsection, the Corporation—
(A) shall require the grant recipient—
(i) to return a pro rata amount of the grant funds based upon the difference between the number of hours served by a participant and the minimum number of hours for completion of a term of service (as established by the Corporation);
(ii) to report on the program’s performance on standardized measures and performance levels established by the Corporation;
(iii) to cooperate with any evaluation activities undertaken by the Corporation; and
(iv) to provide assurances that additional funds will be raised in support of the program, in addition to those received under the national service laws; and
(B) may adopt other terms and conditions that the Corporation considers necessary or appropriate based on the relative risks (as determined by the Corporation) associated with any application for a fixed-amount grant.
(4) Other requirements not applicable
(5) Rule of construction
(Pub. L. 101–610, title I, § 129, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 796; amended Pub. L. 111–13, title I, § 1306, Apr. 21, 2009, 123 Stat. 1501.)

CITE AS: 42 USC 12581

§ 12581a. Educational awards only program
(a) In general
(b) Limit on Corporation grant funds
(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.)

CITE AS: 42 USC 12581a

§ 12582. Application for assistance and approved national service positions
(a) Time, manner, and span of application
(b) Types of permissible application informationIn 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).
(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 informationAn application submitted under subsection (a) shall contain the following information:
(1) A description of the proposed positions into which participants will be placed using the assistance provided under section 12571 of this title.
(2) A description of the proposed minimum qualifications that individuals shall meet to become participants in such programs.
(3) In the case of a nonprofit organization intending to operate programs in 2 or more States, a description of the manner in which and extent to which the organization consulted with the State Commissions of each State in which the organization intends to operate and the nature of the consultation.
(d) Additional required application informationAn application submitted under subsection (a) for programs described in 12572(a) 1
1 So in original. Probably should be preceded by “section”.
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 community-based 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 subsectionThis 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 requirementsFor 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
(2) Competitive selection
(3) Assistance to non-State entities
(g) Special rule for certain applicants
(1) Written concurrence
(2) Applicant definedFor 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
(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.)

CITE AS: 42 USC 12582

§ 12583. National service program assistance requirements
(a) Impact on communitiesAn application submitted under section 12582 of this title shall include an assurance by the applicant that any national service program carried out by the applicant using assistance provided under section 12571 of this title and any national service program supported by a grant made by the applicant using such assistance will—
(1) address unmet human, educational, environmental, or public safety needs through services that provide a direct benefit to the community in which the service is performed; and
(2) comply with the nonduplication and nondisplacement requirements of section 12637 of this title and the grievance procedure requirements of section 12636(f) of this title.
(b) Impact on participantsAn 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) ConsultationAn 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 service program that a nonprofit organization seeks to operate in 2 or more States), consult with and coordinate activities with the State Commission for each State in which the program will operate, and the Corporation shall obtain confirmation from the State Commission that the applicant seeking assistance under this chapter has consulted with and coordinated with the State Commission when seeking to operate the program in that State.
(d) Evaluation and performance goals
(1) In generalAn application submitted under section 12582 of this title shall also include an assurance by the applicant that the applicant will—
(A) arrange for an independent evaluation of any national service program carried out using assistance provided to the applicant under section 12571 of this title or, with the approval of the Corporation, conduct an internal evaluation of the program;
(B) apply measurable performance goals and evaluation methods (such as the use of surveys of participants and persons served), which are to be used as part of such evaluation to determine the impact of the program—
(i) on communities and persons served by the projects performed by the program;
(ii) on participants who take part in the projects; and
(iii) in such other areas as the Corporation may require; and
(C) cooperate with any evaluation activities undertaken by the Corporation.
(2) Evaluation
(3) Alternative evaluation requirements
(e) Living allowances and other inservice benefitsExcept as provided in section 12594(c) of this title, an application submitted under section 12582 of this title shall also include an assurance by the applicant that the applicant will—
(1) ensure the provision of a living allowance and other benefits specified in section 12594 of this title to participants in any national service program carried out by the applicant using assistance provided under section 12571 of this title; and
(2) require that each national service program that receives a grant from the applicant using such assistance will also provide a living allowance and other benefits specified in section 12594 of this title to participants in the program.
(f) Selection of participants from individuals recruited by Corporation or State Commissions
(Pub. L. 101–610, title I, § 131, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 803; amended Pub. L. 111–13, title I, § 1309, Apr. 21, 2009, 123 Stat. 1507.)

CITE AS: 42 USC 12583

§ 12584. Ineligible service categories
(a) In generalExcept as provided in subsection (b), an application submitted to the Corporation under section 12582 of this title shall include an assurance by the applicant that any national service program carried out using assistance provided under section 12571 of this title and any approved national service position provided to an applicant will not be used to perform service that provides a direct benefit to any—
(1) business organized for profit;
(2) labor union;
(3) partisan political organization;
(4) organization engaged in religious activities, unless such service does not involve the use of assistance provided under section 12571 of this title or participants—
(A) to give religious instruction;
(B) to conduct worship services;
(C) to provide instruction as part of a program that includes mandatory religious education or worship;
(D) to construct or operate facilities devoted to religious instruction or worship or to maintain facilities primarily or inherently devoted to religious instruction or worship; or
(E) to engage in any form of proselytization; or
(5) nonprofit organization that fails to comply with the restrictions contained in section 501(c) of title 26, except that nothing in this section shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative.
(b) Regional Corporation
(Pub. L. 101–610, title I, § 132, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 805.)

CITE AS: 42 USC 12584

§ 12584a. Prohibited activities and ineligible organizations
(a) Prohibited activitiesAn approved national service position under this division may not be used for the following activities:
(1) Attempting to influence legislation.
(2) Organizing or engaging in protests, petitions, boycotts, or strikes.
(3) Assisting, promoting, or deterring union organizing.
(4) Impairing existing contracts for services or collective bargaining agreements.
(5) Engaging in partisan political activities, or other activities designed to influence the outcome of an election to Federal office or the outcome of an election to a State or local public office.
(6) Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials.
(7) Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of proselytization, consistent with section 12584 of this title.
(8) Consistent with section 12584 of this title, providing a direct benefit to any—
(A) business organized for profit;
(B) labor union;
(C) partisan political organization;
(D) nonprofit organization that fails to comply with the restrictions contained in section 501(c) of title 26, except that nothing in this paragraph shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and
(E) organization engaged in the religious activities described in paragraph (7), unless the position is not used to support those religious activities.
(9) Providing abortion services or referrals for receipt of such services.
(10) Conducting a voter registration drive or using Corporation funds to conduct a voter registration drive.
(11) Carrying out such other activities as the Corporation may prohibit.
(b) Ineligibility
(c) Nondisplacement of employed workers or other volunteers
(Pub. L. 101–610, title I, § 132A, as added

CITE AS: 42 USC 12584a

§ 12585. Consideration of applications
(a) Corporation consideration of certain criteriaThe Corporation shall apply the criteria described in subsections (c) and (d) in determining whether—
(1) to approve an application submitted under section 12582 of this title and provide assistance under section 12571 of this title to the applicant; and
(2) to approve service positions described in the application as national service positions that include the national service educational award described in division D and provide such approved national service positions to the applicant.
(b) Application to subgrants
(1) In general
(2) ContentsThe application of the State or other entity under section 12582 of this title shall contain—
(A) a certification that the State or other entity used these criteria in the selection of national service programs to receive assistance;
(B) a description of the positions into which participants will be placed using such assistance, including descriptions of specific tasks to be performed by such participants; and
(C) a description of the minimum qualifications that individuals shall meet to become participants in such programs.
(c) Assistance criteriaThe criteria required to be applied in evaluating applications submitted under section 12582 of this title are as follows:
(1) The quality of the national service program proposed to be carried out directly by the applicant or supported by a grant from the applicant.
(2) The innovative aspects of the national service program, and the feasibility of replicating the program.
(3) The sustainability of the national service program, based on evidence such as the existence—
(A) of strong and broad-based community support for the program; and
(B) of multiple funding sources or private funding for the program.
(4) The quality of the leadership of the national service program, the past performance of the program, and the extent to which the program builds on existing programs.
(5) The extent to which participants of the national service program are recruited from among residents of the communities in which projects are to be conducted, and the extent to which participants and community residents are involved in the design, leadership, and operation of the program.
(6) The extent to which projects would be conducted in the following areas where they are needed most:
(A) Communities designated as empowerment zones or redevelopment areas, targeted for special economic incentives, or otherwise identifiable as having high concentrations of low-income people.
(B) Areas that are environmentally distressed.
(C) Areas adversely affected by Federal actions related to the management of Federal lands that result in significant regional job losses and economic dislocation.
(D) Areas adversely affected by reductions in defense spending or the closure or realignment of military installations.
(E) Areas that have an unemployment rate greater than the national average unemployment for the most recent 12 months for which satisfactory data are available.
(7) In the case of applicants other than States, the extent to which the application is consistent with the application under section 12582 of this title of the State in which the projects would be conducted.
(8) Such other criteria as the Corporation considers to be appropriate.
(d) Other considerations
(1) Geographic diversity
(2) PrioritiesThe Corporation may designate, under such criteria as may be established by the Corporation, certain national service programs or types of national service programs described in subsection (a), (b), or (c) of section 12572 of this title for priority consideration in the competitive distribution of funds under section 12581(d) of this title. In designating national service programs to receive priority, the Corporation may include—
(A) national service programs that—
(i) conform to the national service priorities in effect under section 12572(f) of this title;
(ii) are innovative; and
(iii) are well established in 1 or more States at the time of the application and are proposed to be expanded to additional States using assistance provided under section 12571 of this title;
(B) grant programs in support of other national service programs if the grant programs are to be conducted by nonprofit organizations with demonstrated and extensive expertise in the provision of services to meet human, educational, environmental, or public safety needs; and
(C) professional corps programs described in section 12572(c)(1)(D) of this title.
(3) Additional priorityIn making a competitive distribution of funds under section 12581(d) of this title, the Corporation may give priority consideration to a national service program that is—
(A) proposed in an application submitted by a State Commission; and
(B) not one of the types of programs described in paragraph (2),
if the State Commission provides an adequate explanation of the reasons why it should not be a priority of such State to carry out any of such types of programs in the State.
(4) Review panelThe Corporation shall—
(A) establish panels of experts for the purpose of securing recommendations on applications submitted under section 12582 of this title for more than $250,000 in assistance, or for national service positions that would require more than $250,000 in national service educational awards; and
(B) consider the opinions of such panels prior to making such determinations.
(e) Emphasis on areas most in needIn making assistance available under section 12571 of this title and in providing approved national service positions under section 12573 of this title, the Corporation shall ensure that not less than 50 percent of the total amount of assistance to be distributed to States under subsections (d) and (e) of section 12581 of this title for a fiscal year is provided to carry out or support national service programs and projects that—
(1) are conducted in any of the areas described in subsection (c)(6) or on Federal or other public lands, to address unmet human, educational, environmental, or public safety needs in such areas or on such lands; and
(2) place a priority on the recruitment of participants who are residents of any of such areas or Federal or other public lands.
(f) Views of State Commission
(g) Rejection of State applications
(1) Notification of State applicants
(2) Resubmission and reconsideration
(3) Reallotment
(Pub. L. 101–610, title I, § 133, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 805; amended Pub. L. 111–13, title I, § 1311, Apr. 21, 2009, 123 Stat. 1509.)

CITE AS: 42 USC 12585

§ 12653h. National Service Reserve Corps
(a) DefinitionsIn this section—
(1) the term “National Service Reserve Corps member” means an individual who—
(A) has completed a term of national service or is a veteran;
(B) has successfully completed training described in subsection (c) within the previous 2 years;
(C) completes not less than 10 hours of volunteering each year (which may include the training session described in subparagraph (B)); and
(D) has indicated interest to the Corporation in responding to disasters and emergencies in a timely manner through the National Service Reserve Corps; and
(2) the term “term of national service” means a term or period of service under section 12573 of this title.
(b) Establishment of National Service Reserve Corps
(1) In general
(2) Grants or contracts
(c) Annual training
(d) Designation of organizations
(1) In general
(2) RequirementsThe Corporation shall ensure that every designated organization is—
(A) prepared to respond to disasters or emergencies;
(B) prepared and able to utilize National Service Reserve Corps members in responding to disasters or emergencies; and
(C) willing to respond in a timely manner when notified by the Corporation of a disaster or emergency.
(e) DatabasesThe Corporation shall develop or contract with an outside organization to develop—
(1) a database of all National Service Reserve Corps members; and
(2) a database of all nonprofit organizations that have been designated by the Corporation under subsection (d).
(f) Deployment of National Service Reserve Corps
(1) Major disasters or emergencies
(2) Other disasters or emergencies
(3) DeploymentUnder paragraph (1) or (2), the Corporation may—
(A) deploy interested National Service Reserve Corps members on assignments of not more than 30 days to assist with local needs related to preparing or recovering from the incident in the affected area, either directly or through organizations designated under subsection (d);
(B) make travel arrangements for the deployed National Service Reserve Corps members to the site of the incident; and
(C) provide funds to those organizations that are responding to the incident with deployed National Service Reserve Corps members, to enable the organizations to coordinate and provide housing, living stipends, and insurance for those deployed members.
(4) Allowance
(5) Information
(A) National service participants
(B) Veterans
(6) CoordinationIn deploying National Service Reserve Corps members under this subsection, the Corporation shall—
(A) avoid duplication of activities directed by the Federal Emergency Management Agency; and
(B) consult and, as appropriate, partner with Citizen Corps programs and other local disaster agencies, including State and local emergency management agencies, voluntary organizations active in disaster, State Commissions, and similar organizations, in the affected area.
(Pub. L. 101–610, title I, § 198H, as added Pub. L. 111–13, title I, § 1806, Apr. 21, 2009, 123 Stat. 1562.)

CITE AS: 42 USC 12653h