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42 U.S.C. § 12611 — Approval process for approved positions

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12611 — Approval process for approved positions

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12611

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Stable record: federal_law:legal_authorities:record_usc_90a49a9fb0193945e65e8e38
Source file: Laws/federal/codes/united-states-code/title-42/section-12611-approval-process-for-approved-positions--3ceae3e74b.md
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Source location: Title 42, Chapter 129, § 12611; chapter-129-national-and-community-service.md

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**(a) Timing and recording requirements** (1) **In general** — Notwithstanding 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4951&num=0&edition=prelim) et seq.), a summer of service program described in [section 12563(c)(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12563/c/8&num=0&edition=prelim), or a silver scholarship program described in [section 12653c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12653c/a&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12573&num=0&edition=prelim); 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** — In determining the formula described in paragraph (1)(B), the Corporation shall consult with the Director of the Congressional Budget Office. (3) **Certification report** — The Chief Executive Officer of the Corporation shall annually prepare and submit to the authorizing committees a report that contains a certification that the Corporation is in compliance with the requirements of paragraph (1). (4) **Approval** — The requirements of this subsection shall apply to each approved national service position, 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* — Notwithstanding divisions C, D, and H, and any other provision of law, within the National Service Trust established under [section 12601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12601&num=0&edition=prelim), the Corporation shall establish a reserve account. (B) *Contents* — To ensure the availability of adequate funds to support the awards of approved national service positions, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12681&num=0&edition=prelim) or section 501 of the Domestic Volunteer Service Act of 1973 ([42 U.S.C. 5081](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5081&num=0&edition=prelim)), were made available to carry out division C, D, or E of this subchapter, section 12653b or 12653c(a) of this title, subtitle A 11 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12563/c/8&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12681&num=0&edition=prelim) or section 501 of the Domestic Volunteer Service Act of 1973 ([42 U.S.C. 5081](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5081&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12563/c/8&num=0&edition=prelim), and remain available. (2) **Obligation** — The Corporation shall not obligate the funds in the reserve account until the Corporation— (A) determines that the funds will not be needed for the payment of national service educational awards associated with previously approved national service positions, 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** The accounts of the Corporation relating to the appropriated funds for approved national service positions, approved summer of service positions, and approved silver scholar positions, and the records demonstrating the manner in which the Corporation has recorded estimates described in subsection (a)(1)(B) as obligations, shall be audited annually by independent certified public accountants or independent licensed public accountants certified or licensed by a regulatory authority of a State or other political subdivision of the United States in accordance with generally accepted auditing standards. A report containing the results of each such independent audit shall be included in the annual report required by subsection (a)(3). **(d) Availability of amounts** Except as provided in subsection (b), all amounts included in the National Service Trust under paragraphs (1), (2), and (3) of [section 12601(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12601/a&num=0&edition=prelim) shall be available for payments of national service educational awards, summer of service educational awards, or silver scholar educational awards under [section 12604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12604&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12681 — Projects

**(a) Definition** In this section, the term “administrative organization” means a nonprofit private organization that enters into an agreement with the Corporation to carry out this section. **(b) Identification of projects** (1) **Estimated number** — Not later than March 1, 2002, the administrative organization, after obtaining the guidance of the heads of appropriate Federal agencies, such as the Director of the Office of Homeland Security and the Attorney General, shall— (A) make an estimate of the number of victims killed as a result of the terrorist attacks on September 11, 2001 (referred to in this section as the “estimated number”); and (B) compile a list that specifies, for each individual that the administrative organization determines to be such a victim, the name of the victim and the State in which the victim resided. (2) **Identified projects** — The administrative organization may identify approximately the estimated number of community-based national and community service projects that meet the requirements of subsection (d). The administrative organization may name projects in honor of victims described in subsection (b)(1)(A), after obtaining the permission of an appropriate member of the victim’s family and the entity carrying out the project. **(c) Eligible entities** To be eligible to have a project named under this section, the entity carrying out the project shall be a political subdivision of a State, a business, a nonprofit organization (which may be a religious organization), an Indian tribe, or an institution of higher education. **(d) Projects** The administrative organization shall name, under this section, projects— (1) that advance the goals of unity, and improving the quality of life in communities; and (2) that will be plan

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12681

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4950 — Repealed. Pub. L. 103–82, title III, § 385, Sept. 21, 1993, 107 Stat. 915

### Statutory Notes Section 5091, Pub. L. 93–113, title VII, § 701, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3172, set forth purpose of this subchapter. Section 5091a, Pub. L. 93–113, title VII, § 702, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3173, authorized Federal grants for Youthbuild projects. Section 5091b, Pub. L. 93–113, title VII, § 703, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3173, related to service in construction and rehabilitation projects. Section 5091c, Pub. L. 93–113, title VII, § 704, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3174, related to education and job training services. Section 5091d, Pub. L. 93–113, title VII, § 705, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3174, set forth permitted uses of funds provided under this subchapter. Section 5091e, Pub. L. 93–113, title VII, § 706, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3175, set forth eligibility requirements for participants. Section 5091f, Pub. L. 93–113, title VII, § 707, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3175, provided living allowance for full-time program participants. Section 5091g, Pub. L. 93–113, title VII, § 708, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, directed that services and activities be carried out through arrangements or under contracts with certain entities. Section 5091h, Pub. L. 93–113, title VII, § 709, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, directed prescribing of standards for evaluating performance of projects. Section 5091i, Pub. L. 93–113, title VII, § 710, as added Pub. L. 101–610, title II, § 211,

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4950

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12604 — Determination of the amount of the educational award

**(a) Amount for full-time national service** Except as provided in subsection (c), an individual described in [section 12602(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12602/a&num=0&edition=prelim) who successfully completes a required term of full-time national service in an approved national service position shall receive a national service educational award having a value equal to the maximum amount of a Federal Pell Grant under [section 1070a of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1070a&num=0&edition=prelim) that a student eligible for such Grant may receive in the aggregate (without regard to whether the funds are provided through discretionary or mandatory appropriations), for the award year for which the national service position is approved by the Corporation. **(b) Amount for part-time national service** Except as provided in subsection (c), an individual described in [section 12602(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12602/a&num=0&edition=prelim) who successfully completes a required term of part-time national service in an approved national service position shall receive a national service educational award having a value equal to 50 percent of value of the national service educational award determined under subsection (a). **(c) Award for partial completion of service** If an individual serving in an approved national service position is released in accordance with [section 12593(c)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12593/c/1/A&num=0&edition=prelim) from completing the full-time or part-time term of service agreed to by the individual, t

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12604

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12601 — National service educational awards

**(a) Eligibility generally** A participant in a national service program carried out using assistance provided to an applicant under [section 12571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571&num=0&edition=prelim) shall be eligible for the national service educational award described in division D if the participant— (1) serves in an approved national service position; and (2) satisfies the eligibility requirements specified in [section 12602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12602&num=0&edition=prelim) with respect to service in that approved national service position. **(b) Special rule for VISTA volunteers** A VISTA volunteer who serves in an approved national service position shall be ineligible for a national service educational award if the VISTA volunteer accepts the stipend authorized under [section 4955(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4955/a/1&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12601

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4951 — Volunteerism policy

**(a)** Because of the long-standing importance of volunteerism throughout American history, it is the policy of the Congress to foster the tradition of volunteerism through greater involvement on the part of individuals of all ages and backgrounds. **(b)** The purpose of this chapter is to foster and expand voluntary citizen service in communities throughout the Nation in activities designed to help the poor, the disadvantaged, the vulnerable, and the elderly. In carrying out this purpose, the Corporation for National and Community Service shall utilize to the fullest extent the programs authorized under this chapter, coordinate with other Federal, State, and local agencies, expand relationships with, and support for, the efforts of civic, community, and educational organizations, and utilize the energy, innovative spirit, experience, and skills of all Americans.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4951

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5081 — Provisions under the National and Community Service Act of 1990

The Corporation shall carry out this chapter in accordance with the provisions of this chapter and the relevant provisions of the National and Community Service Act of 1990 ([42 U.S.C. 12501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12501&num=0&edition=prelim) et seq.), particularly the provisions of section 122 and subtitle F of title I of the National and Community Service Act of 1990 ([42 U.S.C. 12572](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12572&num=0&edition=prelim), 12631 et seq.) relating to the national service laws.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5081

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12573 — National service programs eligible for program assistance

**(a) National service corps** The recipient of a grant under [section 12571(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571/a&num=0&edition=prelim) and a Federal agency operating or supporting a national service program under [section 12571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571/b&num=0&edition=prelim) shall use a portion of the financial assistance or positions involved, directly or through subgrants to other entities, to support or carry out the following national service corps or programs, as full- or part-time corps or programs, to address unmet needs: (1) **Education Corps** (A) *In general* — The recipient may carry out national service programs through an Education Corps that identifies and meets unmet educational needs within communities through activities such as those described in subparagraph (B) and improves performance on the indicators described in subparagraph (C). (B) *Activities* — An Education Corps described in this paragraph may carry out activities such as— (i) tutoring, or providing other academic support to elementary school and secondary school students; (ii) improving school climate; (iii) mentoring students, including adult or peer mentoring; (iv) linking needed integrated services and comprehensive supports with students, their families, and their public schools; (v) providing assistance to a school in expanding the school day by strengthening the quality of staff and expanding the academic programming offered in an expanded learning time initiative, a program of a 21st century community learning center (as defined in [section 7171 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pr

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12573

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Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 509 — National Guard Youth Challenge Program of opportunities for civilian youth

**(a) Program Authority and Purpose.—** The Secretary of Defense may use the National Guard to conduct a civilian youth opportunities program, to be known as the “National Guard Youth Challenge Program”, which shall consist of at least a 22-week residential program and a 12-month post-residential mentoring period. The Program shall seek to improve life skills and employment potential of participants by providing military-based training and supervised work experience, together with the core program components of assisting participants to receive a high school diploma or its equivalent, leadership development, promoting fellowship and community service, developing life coping skills and job skills, and improving physical fitness and health and hygiene. **(b) Conduct of the Program.—** (1) The Secretary of Defense shall provide for the conduct of the Program in such States as the Secretary considers to be appropriate. (2) The Secretary shall carry out the Program using— (A) funds appropriated directly to the Secretary of Defense for the Program, except that the amount of funds appropriated directly to the Secretary and expended for the Program in fiscal year 2001 or 2002 may not exceed $62,500,000; and (B) nondefense funds made available or transferred to the Secretary of Defense by other Federal agencies to support the Program. (3) Federal funds made available or transferred to the Secretary of Defense under paragraph (2)(B) by other Federal agencies to support the Program may be expended for the Program in excess of the fiscal year limitation specified in paragraph (2)(A). (4) The Secretary of Defense shall remain the executive agent to carry out the Program regardless of the source of funds for the Program or any transfer of jurisdiction over the Program with

Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 509

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12511 — Findings and purpose

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12511

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12620 — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12612&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12611&num=0&edition=prelim); 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* — Upon the establishment of the Program, the Chief Executive Officer shall appoint a Director. The Director may be selected from among retired commissioned officers of the Armed Forces of the United States. (B) *Duties* — The Director shall— (i) design, develop, and administer the 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* —

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12620

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