42 U.S.C. § 12653b — ServeAmerica Fellowships

Page 8407 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12653b § 12653a. Presidential awards for service (a) Presidential awards (1) In general The President, acting through the Corpora- tion, may make Presidential awards for serv- ice to individuals providing significant serv- ice, and to outstanding service programs. (2) Individuals and programs Notwithstanding section 12511 of this title— (A) an individual receiving an award under this subsection need not be a participant in a program authorized under this chapter; and (B) a program receiving an award under this subsection need not be a program au- thorized under this chapter. (3) Nature of award In making an award under this section to an individual or program, the President, acting through the Corporation— (A) is authorized to incur necessary ex- penses for the honorary recognition of the individual or program; and (B) is not authorized to make a cash award to such individual or program. (b) Information The President, acting through the Corpora- tion, shall ensure that information concerning individuals and programs receiving awards under this section is widely disseminated. (Pub. L. 101–610, title I, § 198A, formerly § 198B, as added Pub. L. 103–82, title I, § 104(c), Sept. 21, 1993, 107 Stat. 843; renumbered § 198A and amend- ed Pub. L. 111–13, title I, §§ 1803(b), 1804, Apr. 21, 2009, 123 Stat. 1554.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(2), was in the original ‘‘this Act’’, meaning Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127, 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 12653b of this title. PRIOR PROVISIONS A prior section 12653a, Pub. L. 101–610, title I, § 198A, as added Pub. L. 103–82, title I, § 104(c), Sept. 21, 1993, 107 Stat. 842, related to clearinghouses, prior to repeal by Pub. L. 111–13, title I, § 1803(a)(1), Apr. 21, 2009, 123 Stat. 1554, effective Oct. 1, 2009. Another prior section 12653a, Pub. L. 101–610, title I, § 195A, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2523, which provided for establishment of Civilian Community Corps Dem- onstration Program, was renumbered section 152 of Pub. L. 101–610 by Pub. L. 103–82, § 104(b), and trans- ferred to section 12612 of this title. AMENDMENTS 2009—Subsec. (a)(2). Pub. L. 111–13, § 1804, substituted ‘‘section 12511’’ for ‘‘section 12511(19)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as a note under section 4950 of this title. EFFECTIVE DATE Section effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as an Effective Date of 1993 Amend- ment note under section 1701 of Title 16, Conservation. § 12653b. ServeAmerica Fellowships (a) Definitions In this section: (1) Area of national need The term ‘‘area of national need’’ means an area involved in efforts to— (A) improve education in schools for eco- nomically disadvantaged students; (B) expand and improve access to health care; (C) improve energy efficiency and conserve natural resources; (D) improve economic opportunities for economically disadvantaged individuals; or (E) improve disaster preparedness and re- sponse. (2) Eligible fellowship recipient The term ‘‘eligible fellowship recipient’’ means an individual who is selected by a State Commission under subsection (c) and, as a re- sult of such selection, is eligible for a ServeAmerica Fellowship. (3) Fellow The term ‘‘fellow’’ means an eligible fellow- ship recipient who is awarded a ServeAmerica Fellowship and is designated a fellow under subsection (e)(2). (4) Small service sponsor organization The term ‘‘small service sponsor organiza- tion’’ means a service sponsor organization de- scribed in subsection (d)(1) that has not more than 10 full-time employees and 10 part-time employees. (b) Grants (1) In general From the amounts appropriated under sec- tion 12681(a)(4)(B) of this title and allotted under paragraph (2)(A), the Corporation shall make grants (including financial assistance and a corresponding allotment of approved na- tional service positions), to the State Commis- sion of each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico with an application approved under this section, to enable such State Commissions to award ServeAmerica Fellowships under sub- section (e). (2) Allotment; administrative costs (A) Allotment The amount allotted to a State Commis- sion for a fiscal year shall be equal to an amount that bears the same ratio to the amount appropriated under section 12681(a)(4)(B) of this title, as the population of the State bears to the total population of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. (B) Reallotment If a State Commission does not apply for an allotment under this subsection for any Page 8408 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12653b 1 So in original. Probably should be ‘‘(e)(3)(B)’’. fiscal year, or if the State Commission’s ap- plication is not approved, the Corporation shall reallot the amount of the State Com- mission’s allotment to the remaining State Commissions in accordance with subpara- graph (A). (C) Administrative costs Of the amount allotted to a State Commis- sion under subparagraph (A), not more than 1.5 percent of such amount may be used for administrative costs. (3) Number of positions The Corporation shall— (A) establish or increase the number of ap- proved national service positions under this subsection during each of fiscal years 2010 through 2014; (B) establish the number of approved posi- tions at 500 for fiscal year 2010; and (C) increase the number of the approved positions to— (i) 750 for fiscal year 2011; (ii) 1,000 for fiscal year 2012; (iii) 1,250 for fiscal year 2013; and (iv) 1,500 for fiscal year 2014. (4) Uses of grant funds (A) Required uses A grant awarded under this subsection shall be used to enable fellows to carry out service projects in areas of national need. (B) Permitted uses A grant awarded under this subsection may be used for— (i) oversight activities and mechanisms for the service sites of the fellows, as de- termined necessary by the State Commis- sion or the Corporation, which may in- clude site visits; (ii) activities to augment the experience of fellows, including activities to engage the fellows in networking opportunities with other national service participants; and (iii) recruitment or training activities for fellows. (5) Applications To be eligible to receive a grant under this subsection, a State Commission shall submit an application to the Corporation at such time, in such manner, and containing such in- formation as the Corporation may require, in- cluding information on the criteria and proce- dures that the State Commission will use for overseeing ServeAmerica Fellowship place- ments for service projects, under subsection (e). (c) Eligible fellowship recipients (1) Application (A) In general An applicant desiring to become an eligi- ble fellowship recipient shall submit an ap- plication to a State Commission that has elected to participate in the program au- thorized under this section, at such time and in such manner as the Commission may re- quire, and containing the information de- scribed in subparagraph (B) and such addi- tional information as the Commission may require. An applicant may submit such ap- plication to only 1 State Commission for a fiscal year. (B) Contents The Corporation shall specify information to be provided in an application submitted under this subsection, which— (i) shall include— (I) a description of the area of national need that the applicant intends to ad- dress in the service project; (II) a description of the skills and expe- rience the applicant has to address the area of national need; (III) a description of the type of service the applicant plans to provide as a fel- low; and (IV) information identifying the local area within the State served by the Com- mission in which the applicant plans to serve for the service project; and (ii) may include, if the applicant choos- es, the size of the registered service spon- sor organization with which the applicant hopes to serve. (2) Selection Each State Commission shall— (A) select, from the applications received by the State Commission for a fiscal year, the number of eligible fellowship recipients that may be supported for that fiscal year based on the amount of the grant received by the State Commission under subsection (b); and (B) make an effort to award one-third of the fellowships available to the State Com- mission for a fiscal year, based on the amount of the grant received under sub- section (b), to applicants who propose to serve the fellowship with small service spon- sor organizations registered under sub- section (d). (d) Service sponsor organizations (1) In general Each service sponsor organization shall— (A) be a nonprofit organization; (B) satisfy qualification criteria estab- lished by the Corporation or the State Com- mission, including standards relating to or- ganizational capacity, financial manage- ment, and programmatic oversight; (C) not be a recipient of other assistance, approved national service positions, or ap- proved summer of service positions under the national service laws; and (D) at the time of registration with a State Commission, enter into an agreement pro- viding that the service sponsor organization shall— (i) abide by all program requirements; (ii) provide an amount described in sub- section (e)(3)(b) 1 for each fellow serving with the organization through the ServeAmerica Fellowship; (iii) be responsible for certifying whether each fellow serving with the organization Page 8409 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12653b successfully completed the ServeAmerica Fellowship, and record and certify in a manner specified by the Corporation the number of hours served by a fellow for pur- poses of determining the fellow’s eligi- bility for benefits; and (iv) provide timely access to records re- lating to the ServeAmerica Fellowship to the State Commission, the Corporation, and the Inspector General of the Corpora- tion. (2) Registration (A) Requirement No service sponsor organization may re- ceive a fellow under this section until the organization registers with the State Com- mission. (B) Clearinghouse The State Commission shall maintain a list of registered service sponsor organiza- tions on a public website. (C) Revocation If a State Commission determines that a service sponsor organization is in violation of any of the applicable provisions of this section— (i) the State Commission shall revoke the registration of the organization; (ii) the organization shall not be eligible to receive assistance, approved national service positions, or approved summer of service positions under this subchapter for not less than 5 years; and (iii) the State Commission shall have the right to remove a fellow from the organi- zation and relocate the fellow to another site. (e) Fellows (1) In general To be eligible to participate in a service project as a fellow and receive a ServeAmerica Fellowship, an eligible fellowship recipient shall— (A) within 3 months after being selected as an eligible fellowship recipient by a State Commission, select a registered service sponsor organization described in subsection (d)— (i) with which the recipient is interested in serving under this section; and (ii) that is located in the State served by the State Commission; (B) enter into an agreement with the orga- nization— (i) that specifies the service the recipient will provide if the placement is approved; and (ii) in which the recipient agrees to serve for 1 year on a full-time or part-time basis (as determined by the Corporation); and (C) submit such agreement to the State Commission. (2) Award Upon receiving the eligible fellowship recipi- ent’s agreement under paragraph (1), the State Commission shall award a ServeAmerica Fel- lowship to the recipient and designate the re- cipient as a fellow. (3) Fellowship amount (A) In general From amounts received under subsection (b), each State Commission shall award each of the State’s fellows a ServeAmerica Fel- lowship amount that is equal to 50 percent of the amount of the average annual VISTA subsistence allowance. (B) Amount from service sponsor organiza- tion (i) In general Except as provided in clause (ii) and sub- paragraph (E), the service sponsor organi- zation shall award to the fellow serving such organization an amount that will en- sure that the total award received by the fellow for service in the service project (consisting of such amount and the ServeAmerica Fellowship amount the fel- low receives under subparagraph (A)) is equal to or greater than 70 percent of the average annual VISTA subsistence allow- ance. (ii) Small service sponsor organizations In the case of a small service sponsor or- ganization, the small service sponsor orga- nization may decrease the amount of the service sponsor organization award re- quired under clause (i) to not less than an amount that will ensure that the total award received by the fellow for service in the service project (as calculated in clause (i)) is equal to or greater than 60 percent of the average annual VISTA subsistence al- lowance. (C) Maximum living allowance The total amount that may be provided to a fellow under this subparagraph shall not exceed 100 percent of the average annual VISTA subsistence allowance. (D) Proration of amount In the case of a fellow who is authorized to serve a part-time term of service under the agreement described in paragraph (1)(B)(ii), the amount provided to a fellow under this paragraph shall be prorated accordingly. (E) Waiver The Corporation may allow a State Com- mission to waive the amount required under subparagraph (B) from the service sponsor organization for a fellow serving the organi- zation if— (i) such requirement is inconsistent with the objectives of the ServeAmerica Fellow- ship program; and (ii) the amount provided to the fellow under subparagraph (A) is sufficient to meet the necessary costs of living (includ- ing food, housing, and transportation) in the area in which the ServeAmerica Fel- lowship program is located. (F) Definition In this paragraph, the term ‘‘average an- nual VISTA subsistence allowance’’ means Page 8410 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12653c 1 So in original. the total average annual subsistence allow- ance provided to VISTA volunteers under section 4955 of this title. (f) Compliance with ineligible service categories Service under a ServeAmerica Fellowship shall comply with section 12584(a) of this title. For purposes of applying that section to this subsection, a reference to assistance shall be considered to be a reference to assistance pro- vided under this section. (g) Reports Each service sponsor organization that re- ceives a fellow under this section shall, on a bi- weekly basis, report to the Corporation on the number of hours served and the services pro- vided by that fellow. The Corporation shall es- tablish a web portal for the organizations to use in reporting the information. (h) Educational awards A fellow who serves in a service project under this section shall be considered to have served in an approved national service position and, upon meeting the requirements of section 12603 of this title for full-time or part-time national service, shall be eligible for a national service edu- cational award described in such section. The Corporation shall transfer an appropriate amount of funds to the National Service Trust to provide for the national service educational award for such fellow. (Pub. L. 101–610, title I, § 198B, as added Pub. L. 111–13, title I, § 1805, Apr. 21, 2009, 123 Stat. 1554.) Editorial Notes PRIOR PROVISIONS A prior section 12653b, Pub. L. 101–610, title I, § 198B, as added Pub. L. 103–82, title I, § 104(c), Sept. 21, 1993, 107 Stat. 843, which related to Presidential awards for serv- ice to individuals providing significant service and to outstanding service programs, was renumbered section 198A of Pub. L. 101–610 by Pub. L. 111–13, title I, § 1803(b), Apr. 21, 2009, 123 Stat. 1554, and transferred to section 12653a of this title. Another prior section 12653b, Pub. L. 101–610, title I, § 195B, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2523, which related to national service program component of Civilian Com- munity Corps Demonstration Program, was renum- bered section 153 of Pub. L. 101–610 by Pub. L. 103–82, title I, § 104(b), Sept. 21, 1993, 107 Stat. 840, and trans- ferred to section 12613 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an Effective Date of 2009 Amendment note under section 4950 of this title. § 12653c. Silver Scholarships and Encore Fellow- ships (a) Silver Scholarship Grant Program (1) Establishment The Corporation may award fixed-amount grants (in accordance with section 12581(l) of this title) to community-based entities to carry out a Silver Scholarship Grant Program for individuals age 55 or older, in which such individuals complete not less than 350 hours of service in a year carrying out projects of na- tional need and receive a Silver Scholarship in the form of a $1,000 national service edu- cational award. Under such a program, the Corporation shall establish criteria for the types of the 1 service required to be performed to receive such award. (2) Term Each program funded under this subsection shall be carried out over a period of 3 years (which may include 1 planning year), with a 1- year extension possible, if the program meets performance levels developed in accordance with section 12639(k) of this title and any other criteria determined by the Corporation. (3) Applications To be eligible for a grant under this sub- section, a community-based entity shall— (A) submit to the Corporation an applica- tion at such time and in such manner as the Chief Executive Officer may reasonably re- quire; and (B) be a listed organization as described in subsection (b)(4). (4) Collaboration encouraged A community-based entity awarded a grant under this subsection is encouraged to collabo- rate with programs funded under title II of the Domestic Volunteer Service Act of 1973 [42 U.S.C. 5001 et seq.] in carrying out this pro- gram. (5) Eligibility for fellowship An individual is eligible to receive a Silver Scholarship if the community-based entity certifies to the Corporation that the indi- vidual has completed not less than 350 hours of service under this section in a 1-year period. (6) Transfer to trust The Corporation shall transfer an appro- priate amount of funds to the National Service Trust to provide for the national service edu- cational award for each silver scholar under this subsection. (7) Support services A community-based entity receiving a fixed- amount grant under this subsection may use a portion of the grant to provide transportation services to an eligible individual to allow such individual to participate in a service project. (b) Encore Fellowships (1) Establishment The Corporation may award 1-year Encore Fellowships to enable individuals age 55 or older to— (A) carry out service projects in areas of national need; and (B) receive training and development in order to transition to full- or part-time pub- lic service in the nonprofit sector or govern- ment. (2) Program In carrying out the program, the Corpora- tion shall—