42 U.S.C. § 12655h — Preference for certain projects

Page 8424 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12655f § 12655f. Training and education services (a) Assessment of skills Each program agency shall assess the edu- cational level of participants at the time of their entrance into the program, using any available records or simplified assessment means or methodology and shall, where appro- priate, refer such participants for testing for specific learning disabilities. (b) Enhancement of skills Each program agency shall, through the pro- grams and activities administered under this di- vision, enhance the educational skills of partici- pants. (c) Provision of pre-service and in-service train- ing and education (1) Requirement Each program agency shall use not less than 10 percent of the assistance made available to such agency under this division in each fiscal year to provide pre-service and in-service training and educational materials and serv- ices for participants in such a program. Pro- gram participants shall be provided with infor- mation concerning the benefits to the commu- nity that result from the activities under- taken by such participants. (2) Agreements for academic study A program agency may enter into arrange- ments with academic institutions or education providers, including— (A) local education agencies; (B) community colleges; (C) 4-year colleges; (D) area vocational-technical schools; and (E) community based organizations; to evaluate the basic skills of participants and to make academic study available to partici- pants to enable such participants to upgrade literacy skills, to obtain high school diplomas or the equivalent of such diplomas, to obtain college degrees, or to enhance employable skills. (3) Counseling Career and educational guidance and coun- seling shall be provided to a participant dur- ing a period of in-service training as described in this subsection. Each graduating partici- pant shall be provided with counseling with respect to additional study, job skills training or employment and shall be provided job placement assistance where appropriate. (4) Priority for participants without high school diplomas A program agency shall give priority to par- ticipants who have not obtained a high school diploma or the equivalent of such diploma, in providing services under this subsection. (d) Standards and procedures (1) Consistency with State and local require- ments Appropriate State and local officials shall certify that standards and procedures with re- spect to the awarding of academic credit and the certification of educational attainment in programs conducted under subsection (c) are consistent with the requirements of applicable State and local law and regulations. (2) Academic standards The standards and procedures described in paragraph (1) shall provide that an individual serving in a program that receives assistance under this division— (A) who is not a high school graduate, par- ticipate in an educational curriculum so that such individual can earn a high school diploma or the equivalent of such diploma; and (B) may arrange to receive academic credit in recognition of the education and skills ob- tained from service satisfactorily completed. (Pub. L. 101–610, title I, § 199G, formerly § 127, Nov. 16, 1990, 104 Stat. 3145; renumbered § 199G, Pub. L. 103–82, title I, § 101(a), Sept. 21, 1993, 107 Stat. 788.) Editorial Notes CODIFICATION Section was formerly classified to section 12547 of this title prior to renumbering by Pub. L. 103–82, § 101(a). § 12655g. Repealed. Pub. L. 103–82, title I, § 101(e)(8)(A), Sept. 21, 1993, 107 Stat. 816 Section, Pub. L. 101–610, title I, § 199H, formerly § 128, Nov. 16, 1990, 104 Stat. 3146; Pub. L. 102–10, § 5(5), Mar. 12, 1991, 105 Stat. 30; renumbered § 199H, Pub. L. 103–82, title I, § 101(a), Sept. 21, 1993, 107 Stat. 788, related to amount of award and matching requirement. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as an Effective Date of 1993 Amendment note under section 1701 of Title 16, Conservation. § 12655h. Preference for certain projects (a) In general In the consideration of applications submitted under section 12655b of this title, the Corpora- tion shall give preference to programs that— (1) will provide long-term benefits to the public; (2) will instill a work ethic and a sense of public service in the participants; (3) will be labor intensive, and involve youth operating in crews; (4) can be planned and initiated promptly; and (5) will enhance skills development and edu- cational level and opportunities for the par- ticipants. (b) Special rule In the consideration of applications under this division the Corporation shall ensure the equi- table treatment of both urban and rural areas. (Pub. L. 101–610, title I, § 199H, formerly § 129, Nov. 16, 1990, 104 Stat. 3146; renumbered § 199I, re- numbered § 199H, and amended Pub. L. 103–82, title I, § 101(a), (e)(1), (7), (8)(B), Sept. 21, 1993, 107 Stat. 788, 815, 816.) Page 8425 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12655l Editorial Notes CODIFICATION Section was formerly classified to section 12549 of this title prior to renumbering by Pub. L. 103–82, § 101(a). PRIOR PROVISIONS A prior section 199H of Pub. L. 101–610 was classified to section 12655g of this title prior to repeal by Pub. L. 103–82, § 101(e)(8)(A). AMENDMENTS 1993—Subsec. (a). Pub. L. 103–82, § 101(e)(1), (7), in in- troductory provisions, substituted ‘‘Corporation’’ for ‘‘Commission’’ and ‘‘section 12655b’’ for ‘‘section 12543’’. Subsec. (b). Pub. L. 103–82, § 101(e)(1), substituted ‘‘Corporation’’ for ‘‘Commission’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by 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. § 12655i. Age and citizenship criteria for enroll- ment (a) Age and citizenship Enrollment in programs that receive assist- ance under this division shall be limited to indi- viduals who, at the time of enrollment, are— (1) not less than 16 years nor more than 25 years of age, except that summer programs may include individuals not less than 14 years nor more than 21 years of age at the time of the enrollment of such individuals; and (2) citizens or nationals of the United States or lawful permanent resident aliens of the United States. (b) Participation of disadvantaged youth Programs that receive assistance under this division shall ensure that educationally and eco- nomically disadvantaged youth, including youth in foster care who are becoming too old for fos- ter care, youth with disabilities, youth with limited English proficiency, youth with limited basic skills or learning disabilities and homeless youth, are offered opportunities to enroll. (c) Special corps members Notwithstanding subsection (a)(1), program agencies may enroll a limited number of special corps members over age 25 so that the corps may draw on their special skills to fulfill the pur- poses of this chapter. Programs are encouraged to consider senior citizens as special corps mem- bers. (d) Joint projects with senior citizens organiza- tions Program agencies shall use not more than 2 percent of amounts received under this division to conduct joint projects with senior citizens or- ganizations to enable senior citizens to serve as mentors for youth participants. (e) Construction Nothing in subsection (a) shall be construed to prohibit any program agency from limiting en- rollment to any age subgroup within the range specified in subsection (a)(1). (Pub. L. 101–610, title I, § 199I, formerly § 130, Nov. 16, 1990, 104 Stat. 3146; Pub. L. 102–384, § 6, Oct. 5, 1992, 106 Stat. 1456; renumbered § 199J, re- numbered § 199I, Pub. L. 103–82, title I, § 101(a), (e)(8)(B), Sept. 21, 1993, 107 Stat. 788, 816.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c), was in the original ‘‘this Act’’, meaning Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127, known as the National and Commu- nity Service Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of this title and Tables. CODIFICATION Section was formerly classified to section 12550 of this title prior to renumbering by Pub. L. 103–82, § 101(a). AMENDMENTS 1992—Subsec. (a)(1). Pub. L. 102–384 substituted ‘‘14’’ for ‘‘15’’. § 12655j. Use of volunteers Program agencies may use volunteer services for purposes of assisting projects carried out under this division and may expend funds made available for those purposes to the agency, in- cluding funds made available under this divi- sion, to provide for services or costs incidental to the utilization of such volunteers, including transportation, supplies, lodging, recruiting, training, and supervision. The use of volunteer services under this section shall be subject to the condition that such use does not result in the displacement of any participant. (Pub. L. 101–610, title I, § 199J, formerly § 131, Nov. 16, 1990, 104 Stat. 3147; renumbered § 199K, renumbered § 199J, Pub. L. 103–82, title I, § 101(a), (e)(8)(B), Sept. 21, 1993, 107 Stat. 788, 816.) Editorial Notes CODIFICATION Section was formerly classified to section 12551 of this title prior to renumbering by Pub. L. 103–82, § 101(a). § 12655k. Repealed. Pub. L. 103–82, title I, § 101(e)(8)(A), Sept. 21, 1993, 107 Stat. 816 Section, Pub. L. 101–610, title I, § 199L, formerly § 132, Nov. 16, 1990, 104 Stat. 3147; renumbered § 199L, Pub. L. 103–82, title I, § 101(a), Sept. 21, 1993, 107 Stat. 788, re- lated to post-service benefits. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as an Effective Date of 1993 Amendment note under section 1701 of Title 16, Conservation. § 12655l. Living allowance (a) Full-time service (1) Living allowance required Subject to paragraph (3), each participant in a full-time youth corps program that receives assistance under this division shall receive a