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42 U.S.C. § 12635 — Prohibition on use of funds

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

42 U.S.C. § 12635 — Prohibition on use of funds

**(a) Prohibited uses** No assistance made available under a grant under this subchapter shall be used to provide religious instruction, conduct worship services, or engage in any form of proselytization. **(b) Political activity** Assistance provided under this subchapter shall not be used by program participants and program staff to— (1) assist, promote, or deter union organizing; or (2) finance, directly or indirectly, any activity designed to influence the outcome of an election to Federal office or the outcome of an election to a State or local public office. **(c) Contracts or collective bargaining agreements** A program that receives assistance under this subchapter shall not impair existing contracts for services or collective bargaining agreements. **(d) Referrals for Federal assistance** A program may not receive assistance under the national service laws for the sole purpose of referring individuals to Federal assistance programs or State assistance programs funded in part by the Federal Government.

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Source file: Laws/federal/codes/united-states-code/title-42/section-12635-prohibition-on-use-of-funds--737d04f112.md
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Source location: Title 42, Chapter 129, § 12635; chapter-129-national-and-community-service.md

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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42 U.S.C. § 4950 — Repealed.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,

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

42 U.S.C. § 12593 — Selection of national service participants

**(a) Selection process** Subject to subsections (b) and (c) and [section 12583(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12583/f&num=0&edition=prelim), the actual recruitment and selection of an individual to serve in a national service program receiving assistance under [section 12571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571&num=0&edition=prelim) or to fill an approved national service position shall be conducted by the entity to which the assistance and approved national service positions are provided. **(b) Nondiscrimination and nonpolitical selection of participants** The recruitment and selection of individuals to serve in national service programs receiving assistance under [section 12571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571&num=0&edition=prelim) or to fill approved national service positions shall be consistent with the requirements of [section 12635 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12635&num=0&edition=prelim). **(c) Second term** Acceptance into a national service program to serve a second term of service under [section 12593 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12593&num=0&edition=prelim) shall only be available to individuals who perform satisfactorily in their first term of service. **(d) Recruitment and placement** The Corporation and each State Commission shall establish a system to recruit individuals who desire to perform national service and to assist the placement of these individuals in approved national service positions, which may include positions available under titles

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

42 U.S.C. § 12635 — Nondiscrimination

Page 8368 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12633 EFFECTIVE DATE OF 1993 AMENDMENT Amendment by section 114 of Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation. Amendment by section 402(b)(1) of Pub. L. 103–82 ef- fective Oct. 1, 1993, see section 406(a) of Pub. L. 103–82, set out as a note under section 5061 of this title. § 12633. Supplementation (a) In general Assistance provided under this subchapter shall be used to supplement the level of State and local public funds expended for services of the type assisted under this subchapter in the previous fiscal year. (b) Aggregate expenditure Subsection (a) shall be satisfied, with respect to a particular program, if the aggregate ex- penditure for such program for the fiscal year in which services are to be provided will not be less than the aggregate expenditure for such pro- gram in the previous fiscal year, excluding the amount of Federal assistance provided and any other amounts used to pay the remainder of the costs of programs assisted under this sub- chapter. (Pub. L. 101–610, title I, § 173, Nov. 16, 1990, 104 Stat. 3160.) § 12634. Prohibition on use of funds (a) Prohibited uses No assistance made available under a grant under this subchapter shall be used to provide religious instruction, conduct worship services, or engage in any form of proselytization. (b) Political activity Assistance provided under this subchapter shall not be used by program participants and program staff to— (1) assist, promote, or deter union orga- nizing; or (2) finance, directly or indirectly, any activ- ity designed to influence the outcome of an election to Federal office or the outcome of an election to a

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