42 U.S.C. § 12585 — Consideration of applications

Page 8336 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12584a Statutory Notes and Related Subsidiaries 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. § 12584a. Prohibited activities and ineligible or- ganizations (a) Prohibited activities An approved national service position under this division may not be used for the following activities: (1) Attempting to influence legislation. (2) Organizing or engaging in protests, peti- tions, boycotts, or strikes. (3) Assisting, promoting, or deterring union organizing. (4) Impairing existing contracts for services or collective bargaining agreements. (5) Engaging in partisan political activities, or other activities designed to influence the outcome of an election to Federal office or the outcome of an election to a State or local pub- lic office. (6) Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political plat- forms, political candidates, proposed legisla- tion, or elected officials. (7) Engaging in religious instruction, con- ducting worship services, providing instruc- tion as part of a program that includes manda- tory religious instruction or worship, con- structing or operating facilities devoted to re- ligious instruction or worship, maintaining fa- cilities primarily or inherently devoted to re- ligious instruction or worship, or engaging in any form of proselytization, consistent with section 12584 of this title. (8) Consistent with section 12584 of this title, providing a direct benefit to any— (A) business organized for profit; (B) labor union; (C) partisan political organization; (D) nonprofit organization that fails to comply with the restrictions contained in section 501(c) of title 26, except that nothing in this paragraph shall be construed to pre- vent participants from engaging in advocacy activities undertaken at their own initia- tive; and (E) organization engaged in the religious activities described in paragraph (7), unless the position is not used to support those re- ligious activities. (9) Providing abortion services or referrals for receipt of such services. (10) Conducting a voter registration drive or using Corporation funds to conduct a voter registration drive. (11) Carrying out such other activities as the Corporation may prohibit. (b) Ineligibility No assistance provided under this division may be provided to any organization that has violated a Federal criminal statute. (c) Nondisplacement of employed workers or other volunteers A participant in an approved national service position under this division may not be directed to perform any services or duties, or to engage in any activities, prohibited under the non- duplication, nondisplacement, or nonsupplan- tation requirements relating to employees and volunteers in section 12637 of this title. (Pub. L. 101–610, title I, § 132A, as added Pub. L. 111–13, title I, § 1310, Apr. 21, 2009, 123 Stat. 1507.) 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. § 12585. Consideration of applications (a) Corporation consideration of certain criteria The Corporation shall apply the criteria de- scribed in subsections (c) and (d) in determining whether— (1) to approve an application submitted under section 12582 of this title and provide as- sistance under section 12571 of this title 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 ap- plicant. (b) Application to subgrants (1) In general A State or other entity that uses assistance provided under section 12571(a) of this title 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 ap- plication submitted by a national service pro- gram 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 shall contain— (A) a certification that the State or other entity used these criteria in the selection of national service programs to receive assist- ance; (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 quali- fications that individuals shall meet to be- come participants in such programs. (c) Assistance criteria The criteria required to be applied in evalu- ating applications submitted under section 12582 of this title are as follows: (1) The quality of the national service pro- gram 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 repli- cating the program. (3) The sustainability of the national service program, based on evidence such as the exist- ence— Page 8337 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12585 (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 na- tional 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 op- eration 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 empower- ment 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 dis- tressed. (C) Areas adversely affected by Federal ac- tions 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 realign- ment of military installations. (E) Areas that have an unemployment rate greater than the national average unemploy- ment 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 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 are geographically diverse and in- clude 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 Corpora- tion, certain national service programs or types of national service programs described in subsection (a), (b), or (c) of section 12572 of this title for priority consideration in the competitive distribution of funds under sec- tion 12581(d) of this title. In designating na- tional service programs to receive priority, the Corporation may include— (A) national service programs that— (i) conform to the national service prior- ities in effect under section 12572(f) of this title; (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; (B) grant programs in support of other na- tional service programs if the grant pro- grams are to be conducted by nonprofit or- ganizations with demonstrated and exten- sive 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. (3) Additional priority In making a competitive distribution of funds under section 12581(d) of this title, 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 de- scribed 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 pur- pose of securing recommendations on appli- cations submitted under section 12582 of this title for more than $250,000 in assistance, or for national service positions that would re- quire 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 and in providing approved na- tional service positions under section 12573 of this title, the Corporation shall ensure that not less than 50 percent of the total amount of as- sistance to be distributed to States under sub- sections (d) and (e) of section 12581 of this title for a fiscal year is provided to carry out or sup- port national service programs and projects that— (1) are conducted in any of the areas de- scribed 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, the Corporation shall so- licit and consider the views of a State Commis- sion 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 sec- 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 forth programs the Corpora- tion could include in designating national service pro- grams to receive priority. Subsec. (d)(3). Pub. L. 111–13, § 1311(2)(B), substituted ‘‘section 12581(d)’’ for ‘‘section 12581(d)(2)’’ in introduc- tory provisions. Subsec. (e). Pub. L. 111–13, § 1311(3), substituted ‘‘sub- sections (d) and (e) of section 12581’’ for ‘‘subsections (a) and (d)(1) of section 12581’’ in introductory provisions. Subsec. (f). Pub. L. 111–13, § 1311(6), added subsec. (f). Former subsec. (f) redesignated (g). Subsec. (f)(1). Pub. L. 111–13, § 1311(4)(A), substituted ‘‘section 12581(e)’’ for ‘‘section 12581(a)(1)’’. Subsec. (f)(3). Pub. L. 111–13, § 1311(4)(B), substituted ‘‘section 12581(e)’’ for ‘‘section 12581(a)’’ and ‘‘section 12581(f) of this title’’ for ‘‘paragraph (3) of such sub- section’’. Subsec. (g). Pub. L. 111–13, § 1311(5), redesignated sub- sec. (f) as (g). 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. PART III—NATIONAL SERVICE PARTICIPANTS § 12591. Description of participants (a) In general For purposes of this division, an individual shall be considered to be a participant in a na- tional service program carried out using assist- ance provided under section 12571 of this title if the individual— (1) meets such eligibility requirements, di- rectly related to the tasks to be accomplished, as may be established by the program; (2) is selected by the program to serve in a position with the program; (3) is 17 years of age or older at the time the individual begins the term of service; (4) has received a high school diploma or its equivalent, agrees to obtain a high school di- ploma or its equivalent (unless this require- ment is waived based on an individual edu- cation assessment conducted by the program) and the individual did not drop out of an ele- mentary or secondary school to enroll in the program, or is enrolled in an institution of higher education on an ability to benefit basis and is considered eligible for funds under sec- tion 1091 of title 20; and (5) is a citizen or national of the United States or lawful permanent resident alien of the United States. (b) Special rules for certain youth programs An individual shall be considered to be a par- ticipant in a youth corps program described in section 12572(a)(3)(B)(x) of this title that is car- ried out with assistance provided under section 12571(a) of this title if the individual— (1) satisfies the requirements specified in subsection (a), except paragraph (3) of such subsection; and (2) is between the ages of 16 and 25, inclusive, at the time the individual begins the term of service. (c) Waiver The Corporation may waive the requirements of subsection (a)(4) with respect to an individual if the program in which the individual seeks to become a participant conducts an independent evaluation demonstrating that the individual is incapable of obtaining a high school diploma or its equivalent. (Pub. L. 101–610, title I, § 137, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 808; amended Pub. L. 103–304, § 3(b)(3), Aug. 23, 1994, 108 Stat. 1567; Pub. L. 111–13, title I, § 1312, Apr. 21, 2009, 123 Stat. 1509.) Editorial Notes PRIOR PROVISIONS A prior section 12591, Pub. L. 101–610, title I, § 155, Nov. 16, 1990, 104 Stat. 3156, related to limitation on grants for innovative and demonstration programs and projects, prior to repeal by Pub. L. 103–82, § 104(a). AMENDMENTS 2009—Subsec. (a)(3) to (6). Pub. L. 111–13, § 1312(1), re- designated pars. (4) to (6) as (3) to (5), respectively, and struck out former par. (3), which read as follows: ‘‘will serve in the program for a term of service specified in