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42 U.S.C. § 12591 — Consideration of applications

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

42 U.S.C. § 12591 — Consideration of applications

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Source file: Laws/federal/codes/united-states-code/title-42/section-12591-consideration-of-applications--035781cd78.md
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Source location: Title 42, Chapter 129, § 12591; chapter-129-national-and-community-service.md

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**(a) Corporation consideration of certain criteria** The 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12582&num=0&edition=prelim) and provide assistance under [section 12571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571&num=0&edition=prelim) 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** — A State or other entity that uses assistance provided under [section 12571(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571/a&num=0&edition=prelim) to support national service programs selected on a competitive basis to receive a share of the assistance shall use the criteria described in subsections (c) and (d) when considering an application submitted by a national service program to receive a portion of such assistance or an approved national service position. (2) **Contents** — The application of the State or other entity under [section 12582 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12582&num=0&edition=prelim) 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 criteria** The criteria required to be applied in evaluating applications submitted under [section 12582 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12582&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12582&num=0&edition=prelim) 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** — The Corporation shall ensure that recipients of assistance provided under [section 12571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571&num=0&edition=prelim) are geographically diverse and include projects to be conducted in those urban and rural areas in a State with the highest rates of poverty. (2) **Priorities** — The 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12572&num=0&edition=prelim) for priority consideration in the competitive distribution of funds under [section 12581(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12581/d&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12572/f&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12572/c/1/D&num=0&edition=prelim). (3) **Additional priority** — In making a competitive distribution of funds under [section 12581(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12581/d&num=0&edition=prelim), 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 panel** — The Corporation shall— (A) establish panels of experts for the purpose of securing recommendations on applications submitted under [section 12582 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12582&num=0&edition=prelim) 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 need** In making assistance available under [section 12571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571&num=0&edition=prelim) and in providing approved national service positions under [section 12573 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12573&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12581&num=0&edition=prelim) 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** In making competitive awards under [section 12581(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12581/d&num=0&edition=prelim), the Corporation shall solicit and consider the views of a State Commission regarding any application for assistance to carry out a national service program within the State. **(g) Rejection of State applications** (1) **Notification of State applicants** — If the Corporation rejects an application submitted by a State Commission under [section 12582 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12582&num=0&edition=prelim) for funds described in [section 12581(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12581/e&num=0&edition=prelim), the Corporation shall promptly notify the State Commission of the reasons for the rejection of the application. (2) **Resubmission and reconsideration** — The Corporation shall provide a State Commission notified under paragraph (1) with a reasonable opportunity to revise and resubmit the application. At the request of the State Commission, the Corporation shall provide technical assistance to the State Commission as part of the resubmission process. The Corporation shall promptly reconsider an application resubmitted under this paragraph. (3) **Reallotment** — The amount of any State’s allotment under [section 12581(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12581/e&num=0&edition=prelim) for a fiscal year that the Corporation determines will not be provided for that fiscal year shall be available for distribution by the Corporation as provided in [section 12581(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12581/f&num=0&edition=prelim).

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

42 U.S.C. § 12572 — Authority to provide assistance and approved national service positions

**(a) Provision of assistance** Subject to the availability of appropriations for this purpose, the Corporation for National and Community Service may make grants to States, subdivisions of States, territories, Indian tribes, public or private nonprofit organizations, and institutions of higher education for the purpose of assisting the recipients of the grants— (1) to carry out full- or part-time national service programs, including summer programs, described in subsection (a), (b), or (c) of [section 12572 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12572&num=0&edition=prelim); and (2) to make grants in support of other national service programs described in subsection (a), (b), or (c) of [section 12572 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12572&num=0&edition=prelim) that are carried out by other entities. **(b) Restrictions on agreements with Federal agencies** (1) **Agreements authorized** — The Corporation may enter into an interagency agreement (other than a grant agreement) with another Federal agency to support a national service program carried out or otherwise supported by the agency. The Corporation, in entering into the interagency agreement may approve positions as approved national service positions for a program carried out or otherwise supported by the agency. (2) **Prohibition on grants** — The Corporation may not provide a grant under this section to a Federal agency. (3) **Consultation with State Commissions** — A Federal agency carrying out or supporting a national service program shall consult with the State Commissions for those States in which projects will be conducted through that program in order to ensure that the projects do not duplicat

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12572

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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

16 U.S.C. § 1701 — Congressional declaration of policy and purpose

The Congress finds that the Youth Conservation Corps has demonstrated a high degree of success as a pilot program wherein American youth, representing all segments of society, have benefited by gainful employment in the healthful outdoor atmosphere of the national park system, the national forest system, other public land and water areas of the United States and by their employment have developed, enhanced, and maintained the natural resources of the United States, and whereas in so doing the youth have gained an understanding and appreciation of the Nation’s environment and heritage equal to one full academic year of study, it is accordingly the purpose of this subchapter to expand and make permanent the Youth Conservation Corps and thereby further the development and maintenance of the natural resources by America’s youth, and in so doing to prepare them for the ultimate responsibility of maintaining and managing these resources for the American people.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1701

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

42 U.S.C. § 12581 — Other special assistance

**(a) Support for State Commissions** (1) **Grants authorized** — From amounts appropriated for a fiscal year pursuant to the authorization of appropriation in [section 12681(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12681/a/5&num=0&edition=prelim), the Corporation may make a grant in an amount between $250,000 and $1,000,000 to a State to assist the State to establish or operate the State Commission on National and Community Service required to be established by the State under [section 12638 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12638&num=0&edition=prelim). (2) **Matching requirement** — In making a grant to a State under this subsection, the Corporation shall require the State to agree to provide matching funds from non-Federal sources of not less than $1 for every $1 provided by the Corporation through the grant. (3) **Alternative** — Notwithstanding paragraph (2), the Chief Executive Officer may permit a State that demonstrates hardship or a new State Commission to meet alternative matching requirements for such a grant as follows: (A) *First $100,000* — For the first $100,000 of grant funds provided by the Corporation, the State involved shall not be required to provide matching funds. (B) *Amounts greater than $100,000* — For grant amounts of more than $100,000 and not more than $250,000 provided by the Corporation, the State shall agree to provide matching funds from non-Federal sources of not less than $1 for every $2 provided by the Corporation, in excess of $100,000. (C) *Amounts greater than $250,000* — For grant amounts of more than $250,000 provided by the Corporation, the State shall agree to provide matching funds from non-Federal sourc

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12581

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

42 U.S.C. § 12571 — Repealed. Pub. L. 113–188, title III, § 301(a), Nov. 26, 2014, 128 Stat. 2018

### Statutory Notes Section, Pub. L. 101–610, title I, § 120, as added Pub. L. 111–13, title I, § 1205, Apr. 21, 2009, 123 Stat. 1483, provided for a 10-year longitudinal study and reports on the impact of the activities carried out under this division.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12571

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

42 U.S.C. § 12582 — Educational awards only program

**(a) In general** From amounts appropriated for a fiscal year to provide financial assistance under this division and consistent with the restriction in subsection (b), the Corporation may, through fixed-amount grants (in accordance with section 12581(l) of this title), provide operational support to programs that receive approved national service positions but do not receive funds under [section 12571(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571/a&num=0&edition=prelim). **(b) Limit on Corporation grant funds** The Corporation may provide the operational support under this section for a program in an amount that is not more than $800 per individual enrolled in an approved national service position, or not more than $1,000 per such individual if at least 50 percent of the persons enrolled in the program are disadvantaged youth. **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571/d&num=0&edition=prelim). (2) The matching funds requirements under [section 12571(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571/e&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12594/f&num=0&edition=prelim)).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12582

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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

42 U.S.C. § 12616 — National Civilian Community Corps

**(a) Director** Upon the establishment of the National Civilian Community Corps Program, the National Civilian Community Corps shall be under the direction of the Director appointed pursuant to [section 12619(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12619/c/1&num=0&edition=prelim). **(b) Membership in National Civilian Community Corps** (1) **Participants to be members** — Persons selected to participate in the national service program or the summer national service program components of the Program shall become members of the National Civilian Community Corps. (2) **Selection of members** — The Director or the Director’s designee shall select individuals for membership in the Corps. (3) **Application for membership** — To be selected to become a Corps member an individual shall submit an application to the Director or to any other office as the Director may designate, at such time, in such manner, and containing such information as the Director shall require. At a minimum, the application shall contain information about the work experience of the applicant and sufficient information to enable the Director, or the campus director of the appropriate campus, to determine whether selection of the applicant for membership in the Corps is appropriate. (4) **Team leaders** (A) *In general* — The Director may select individuals with prior supervisory or service experience to be team leaders within units in the National Civilian Community Corps, to perform service that includes leading and supervising teams of Corps members. Each team leader shall be selected without regard to the age limitation under [section 12613(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12613

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12616

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

42 U.S.C. § 12591 — Description of participants

Page 8338 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12591 tion 12582 of this title for funds described in section 12581(e) of this title, the Corporation shall promptly notify the State Commission of the reasons for the rejection of the applica- tion. (2) Resubmission and reconsideration The Corporation shall provide a State Com- mission notified under paragraph (1) with a reasonable opportunity to revise and resubmit the application. At the request of the State Commission, the Corporation shall provide technical assistance to the State Commission as part of the resubmission process. The Cor- poration shall promptly reconsider an applica- tion resubmitted under this paragraph. (3) Reallotment The amount of any State’s allotment under section 12581(e) of this title for a fiscal year that the Corporation determines will not be provided for that fiscal year shall be available for distribution by the Corporation as pro- vided in section 12581(f) of this title. (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.) Editorial Notes PRIOR PROVISIONS A prior section 133 of Pub. L. 101–610 was renumbered section 199K and is classified to section 12655l of this title. AMENDMENTS 2009—Subsec. (b)(2)(B). Pub. L. 111–13, § 1311(1), struck out ‘‘jobs or’’ before ‘‘positions’’. Subsec. (d)(2). Pub. L. 111–13, § 1311(2)(A)(i), sub- stituted ‘‘subsection (a), (b), or (c) of section 12572’’ for ‘‘section 12572(a)’’ and ‘‘section 12581(d)’’ for ‘‘section 12581(d)(2)’’ in introductory provisions. Subsec. (d)(2)(A) to (G). Pub. L. 111–13, § 1311(2)(A)(ii), added subpars. (A) to (C) and struck out former sub- pars. (A) to (G), which set

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12591

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