42 U.S.C. § 12653h — National Service Reserve Corps

Page 8412 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12653d meet the service needs (including skills and experience to address an area of national need) of the organization that the eligible fellowship recipient requests under subpara- graph (A) or (B), the Corporation shall— (i) approve the placement of the eligible Encore Fellowship recipient with the orga- nization; (ii) award the eligible Encore Fellowship recipient an Encore Fellowship for a pe- riod of 1 year and designate the eligible Encore Fellowship recipient as an Encore Fellow; and (iii) in awarding the Encore Fellowship, make a payment, in the amount of $11,000, to the organization to enable the organiza- tion to provide living expenses to the En- core Fellow for the year in which the En- core Fellow agrees to serve. (6) Matching funds An organization that receives an Encore Fel- low under this subsection shall agree to pro- vide, for the living expenses of the Encore Fel- low during the year of service, non-Federal contributions in an amount equal to not less than $1 for every $1 of Federal funds provided to the organization for the Encore Fellow through the Encore Fellowship. (7) Training and assistance Each organization that receives an Encore Fellow under this subsection shall provide training, leadership development, and assist- ance to the Encore Fellow, and conduct over- sight of the service provided by the Encore Fellow. (8) Leadership development Each year, the Corporation shall convene current and former Encore Fellows to discuss the Encore Fellows’ experiences related to service under this subsection and discuss strategies for increasing leadership and ca- reers in public service in the nonprofit sector or government. (c) Evaluations The Corporation shall conduct an independent evaluation of the programs authorized under subsections (a) and (b) and widely disseminate the results, including recommendations for im- provement, to the service community through multiple channels, including the Corporation’s Resource Center or a clearinghouse of effective strategies. (Pub. L. 101–610, title I, § 198C, as added Pub. L. 111–13, title I, § 1805, Apr. 21, 2009, 123 Stat. 1559.) Editorial Notes REFERENCES IN TEXT The Domestic Volunteer Service Act of 1973, referred to in subsec. (a)(4), is Pub. L. 93–113, Oct. 1, 1973, 87 Stat. 394. Title II of the Act is classified generally to subchapter II (§ 5000 et seq.) of chapter 66 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4950 of this title and Tables. PRIOR PROVISIONS A prior section 12653c, Pub. L. 101–610, title I, § 198C, as added Pub. L. 103–82, title I, § 104(c), Sept. 21, 1993, 107 Stat. 843; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(42)(B), (f)(33)(A)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–428, 2681–434, which related to military in- stallation conversion demonstration programs, was re- pealed by Pub. L. 111–13, title I, § 1803(a)(2), title VI, § 6101(a), Apr. 21, 2009, 123 Stat. 1554, 1600, effective Oct. 1, 2009. Another prior section 12653c, Pub. L. 101–610, title I, § 195C, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2524, which related to summer national service program of Civilian Commu- nity Corps Demonstration Program, was renumbered section 154 of Pub. L. 101–610 by Pub. L. 103–82, § 104(b), and transferred to section 12614 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. § 12653d. Repealed. Pub. L. 111–13, title I, § 1803(a)(3), Apr. 21, 2009, 123 Stat. 1554 Section, Pub. L. 101–610, title I, § 198D, as added Pub. L. 103–82, title I, § 104(c), Sept. 21, 1993, 107 Stat. 845, re- lated to special demonstration projects for the Yukon- Kuskokwim delta of Alaska. Prior sections 12653d to 12653g were renumbered by Pub. L. 103–82, § 104(b), and transferred as follows: Section 12653d, Pub. L. 101–610, title I, § 195D, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2524, which related to organization and mem- bership of the Corps, was renumbered section 155 of Pub. L. 101–610 and transferred to section 12615 of this title. Section 12653e, Pub. L. 101–610, title I, § 195E, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2525, which provided for training of Corps members, was renumbered section 156 of Pub. L. 101–610 and transferred to section 12616 of this title. Section 12653f, Pub. L. 101–610, title I, § 195F, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2526, which related to service projects carried out by the Corps, was renumbered section 157 of Pub. L. 101–610 and transferred to section 12617 of this title. Section 12653g, Pub. L. 101–610, title I, § 195G, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2526, which related to authorized benefits for Corps members, was renumbered section 158 of Pub. L. 101–610 and transferred to section 12618 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal 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. PART II—NATIONAL SERVICE RESERVE CORPS § 12653h. National Service Reserve Corps (a) Definitions In this section— (1) the term ‘‘National Service Reserve Corps member’’ means an individual who— (A) has completed a term of national serv- ice or is a veteran; (B) has successfully completed training de- scribed in subsection (c) within the previous 2 years; (C) completes not less than 10 hours of vol- unteering each year (which may include the training session described in subparagraph (B)); and Page 8413 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12653h 1 See References in Text note below. (D) has indicated interest to the Corpora- tion in responding to disasters and emer- gencies in a timely manner through the Na- tional Service Reserve Corps; and (2) the term ‘‘term of national service’’ means a term or period of service under sec- tion 12573 of this title. (b) Establishment of National Service Reserve Corps (1) In general In consultation with the Federal Emergency Management Agency, the Corporation shall es- tablish a National Service Reserve Corps to prepare and deploy National Service Reserve Corps members to respond to disasters and emergencies in support of national service pro- grams and other requesting programs and agencies. (2) Grants or contracts In carrying out this section, the Corporation may enter into a grant or contract with an or- ganization experienced in responding to disas- ters or in coordinating individuals who have completed a term of national service or are veterans, or may directly deploy National Service Reserve Corps members, as the Cor- poration determines necessary. (c) Annual training The Corporation shall conduct or coordinate annual training sessions, consistent with the training requirements of the Federal Emergency Management Agency, for individuals who have completed a term of national service or are vet- erans, and who wish to join the National Service Reserve Corps. (d) Designation of organizations (1) In general The Corporation shall designate organiza- tions with demonstrated experience in re- sponding to disasters or emergencies, includ- ing through using volunteers, for participation in the program under this section. (2) Requirements The Corporation shall ensure that every des- ignated organization is— (A) prepared to respond to disasters or emergencies; (B) prepared and able to utilize National Service Reserve Corps members in respond- ing to disasters or emergencies; and (C) willing to respond in a timely manner when notified by the Corporation of a dis- aster or emergency. (e) Databases The Corporation shall develop or contract with an outside organization to develop— (1) a database of all National Service Re- serve Corps members; and (2) a database of all nonprofit organizations that have been designated by the Corporation under subsection (d). (f) Deployment of National Service Reserve Corps (1) Major disasters or emergencies If a major disaster or emergency is declared by the President pursuant to section 102 of the Robert T. Stafford Disaster Relief and Assist- ance Act 1 (42 U.S.C. 5122), the Administrator of the Federal Emergency Management Agen- cy, in consultation with the Corporation, may task the National Service Reserve Corps to as- sist in response. (2) Other disasters or emergencies For a disaster or emergency that is not de- clared a major disaster or emergency under section 102 of the Robert T. Stafford Disaster Relief and Assistance Act 1 (42 U.S.C. 5122), the Corporation may directly, or through a grant or contract, deploy the National Service Re- serve Corps. (3) Deployment Under paragraph (1) or (2), the Corporation may— (A) deploy interested National Service Re- serve Corps members on assignments of not more than 30 days to assist with local needs related to preparing or recovering from the incident in the affected area, either directly or through organizations designated under subsection (d); (B) make travel arrangements for the de- ployed National Service Reserve Corps mem- bers to the site of the incident; and (C) provide funds to those organizations that are responding to the incident with de- ployed National Service Reserve Corps mem- bers, to enable the organizations to coordi- nate and provide housing, living stipends, and insurance for those deployed members. (4) Allowance Any amounts that are utilized by the Cor- poration from funds appropriated under sec- tion 12681(a)(4)(D) of this title to carry out paragraph (1) for a fiscal year shall be kept in a separate fund. Any amounts in such fund that are not used during a fiscal year shall re- main available to use to pay National Service Reserve Corps members an allowance, deter- mined by the Corporation, for out-of-pocket expenses. (5) Information (A) National service participants The Corporation, the State Commissions, and entities receiving financial assistance for programs under division C of this sub- chapter,1 or under part A of title I of the Do- mestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.), shall inform participants about the National Service Reserve Corps upon the participants’ completion of their term of national service. (B) Veterans The Secretary of Veterans Affairs, in con- sultation with the Secretary of Defense, shall inform veterans who are recently dis- charged, released, or separated from the Armed Forces about the National Service Reserve Corps. (6) Coordination In deploying National Service Reserve Corps members under this subsection, the Corpora- tion shall— Page 8414 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12653k (A) avoid duplication of activities directed by the Federal Emergency Management Agency; and (B) consult and, as appropriate, partner with Citizen Corps programs and other local disaster agencies, including State and local emergency management agencies, voluntary organizations active in disaster, State Com- missions, and similar organizations, in the affected area. (Pub. L. 101–610, title I, § 198H, as added Pub. L. 111–13, title I, § 1806, Apr. 21, 2009, 123 Stat. 1562.) Editorial Notes REFERENCES IN TEXT Section 102 of the Robert T. Stafford Disaster Relief and Assistance Act (42 U.S.C. 5122), referred to in sub- sec. (f)(1), (2), probably means section 102 of Pub. L. 93–288, May 22, 1974, 88 Stat. 143, known as the Robert T. Stafford Disaster Relief and Emergency Assistance Act, which is classified to section 5122 of this title. Division C of this subchapter, referred to in subsec. (f)(5)(A), was in the original ‘‘subtitle C of this Act’’ which was translated as meaning subtitle C of title I of Pub. L. 101–610, to reflect the probable intent of Con- gress. The Domestic Volunteer Service Act of 1973, referred to in subsec. (f)(5)(A), is Pub. L. 93–113, Oct. 1, 1973, 87 Stat. 394. Part A of title I of the Act is classified gen- erally to part A of subchapter I (§ 4951 et seq.) of chap- ter 66 of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 4950 of this title and Tables. PRIOR PROVISIONS A prior section 12653h, Pub. L. 101–610, title I, § 195H, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2528, which related to administration of the Corps, was renumbered section 159 of Pub. L. 101–610 and transferred to section 12619 of this title. Prior sections 12653i and 12653j were renumbered by section 104(b) of Pub. L. 103–82 and transferred as fol- lows: Section 12653i, Pub. L. 101–610, title I, § 195I, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2530, which related to status of Corps members and Corps personnel under Federal law, was renum- bered section 160 of Pub. L. 101–610 and transferred to section 12620 of this title. Section 12653j, Pub. L. 101–610, title I, § 195J, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2530, which provided for contract and grant authority of Corps Director, was renumbered section 161 of Pub. L. 101–610 and transferred to section 12621 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. PART III—SOCIAL INNOVATION FUNDS PILOT PROGRAM § 12653k. Funds (a) Findings Congress finds the following: (1) Social entrepreneurs and other nonprofit community organizations are developing inno- vative and effective solutions to national and local challenges. (2) Increased public and private investment in replicating and expanding proven effective solutions, and supporting new solutions, devel- oped by social entrepreneurs and other non- profit community organizations could allow those entrepreneurs and organizations to rep- licate and expand proven initiatives, and sup- port new initiatives, in communities. (3) A network of Social Innovation Funds could leverage Federal investments to in- crease State, local, business, and philan- thropic resources to replicate and expand proven solutions and invest in supporting new innovations to tackle specific identified com- munity challenges. (b) Purposes The purposes of this section are— (1) to recognize and increase the impact of social entrepreneurs and other nonprofit com- munity organizations in tackling national and local challenges; (2) to stimulate the development of a net- work of Social Innovation Funds that will in- crease private and public investment in non- profit community organizations that are effec- tively addressing national and local challenges to allow such organizations to replicate and expand proven initiatives or support new ini- tiatives; (3) to assess the effectiveness of such Funds in— (A) leveraging Federal investments to in- crease State, local, business, and philan- thropic resources to address national and local challenges; (B) providing resources to replicate and ex- pand effective initiatives; and (C) seeding experimental initiatives fo- cused on improving outcomes in the areas described in subsection (f)(3); and (4) to strengthen the infrastructure to iden- tify, invest in, replicate, and expand initia- tives with effective solutions to national and local challenges. (c) Definitions In this section: (1) Community organization The term ‘‘community organization’’ means a nonprofit organization that carries out inno- vative, effective initiatives to address commu- nity challenges. (2) Covered entity The term ‘‘covered entity’’ means— (A) an existing grantmaking institution (existing as of the date on which the institu- tion applies for a grant under this section); or (B) a partnership between— (i) such an existing grantmaking institu- tion; and (ii) an additional grantmaking institu- tion, a State Commission, or a chief execu- tive officer of a unit of general local gov- ernment. (3) Issue area The term ‘‘issue area’’ means an area de- scribed in subsection (f)(3). (d) Program From the amounts appropriated to carry out this section that are not reserved under sub-