42 U.S.C. § 12501 — Findings and purpose

Page 8293 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12501 Sec. SUBCHAPTER IV—AUTHORIZATION OF APPROPRIATIONS 12681. Authorization of appropriations. 12682. Actions under national service laws to be sub- ject to availability of appropriations. § 12501. Findings and purpose (a) Findings The Congress finds the following: (1) Throughout the United States, there are pressing unmet human, educational, environ- mental, and public safety needs. (2) Americans desire to affirm common re- sponsibilities and shared values, and join to- gether in positive experiences, that transcend race, religion, gender, age, disability, region, income, and education. (3) The rising costs of postsecondary edu- cation are putting higher education out of reach for an increasing number of citizens. (4) Americans of all ages can improve their communities and become better citizens through service to the United States. (5) Nonprofit organizations, local govern- ments, States, and the Federal Government are already supporting a wide variety of na- tional service programs that deliver needed services in a cost-effective manner. (6) Residents of low-income communities, es- pecially youth and young adults, can be em- powered through their service, and can help provide future community leadership. (b) Purpose It is the purpose of this chapter to— (1) meet the unmet human, educational, en- vironmental, and public safety needs of the United States, without displacing existing workers; (2) renew the ethic of civic responsibility and the spirit of community and service throughout the varied and diverse commu- nities of the United States; (3) expand educational opportunity by re- warding individuals who participate in na- tional service with an increased ability to pur- sue higher education or job training; (4) encourage citizens of the United States, regardless of age, income, geographic location, or disability, to engage in full-time or part- time national service; (5) reinvent government to eliminate dupli- cation, support locally established initiatives, require measurable goals for performance, and offer flexibility in meeting those goals; (6) expand and strengthen existing national service programs with demonstrated experi- ence in providing structured service opportu- nities with visible benefits to the participants and community; (7) build on the existing organizational serv- ice infrastructure of Federal, State, and local programs, agencies, and communities to ex- pand full-time and part-time service opportu- nities for all citizens; (8) provide tangible benefits to the commu- nities in which national service is performed; (9) expand and strengthen service-learning programs through year-round opportunities, including opportunities during the summer months, to improve the education of children and youth and to maximize the benefits of na- tional and community service, in order to renew the ethic of civic responsibility and the spirit of community for children and youth throughout the United States; (10) assist in coordinating and strengthening Federal and other service opportunities, in- cluding opportunities for participation in emergency and disaster preparedness, relief, and recovery; (11) increase service opportunities for the Nation’s retiring professionals, including such opportunities for those retiring from the science, technical, engineering, and mathe- matics professions, to improve the education of the Nation’s youth and keep America com- petitive in the global knowledge economy, and to further utilize the experience, knowledge, and skills of older individuals; (12) encourage the continued service of the alumni of the national service programs, in- cluding service in times of national need; (13) encourage individuals age 55 or older to partake of service opportunities; (14) focus national service on the areas of na- tional need such service has the capacity to address, such as improving education, increas- ing energy conservation, improving the health status of economically disadvantaged individ- uals, and improving economic opportunity for economically disadvantaged individuals; (15) recognize and increase the impact of so- cial entrepreneurs and other nonprofit com- munity organizations in addressing national and local challenges; (16) increase public and private investment in nonprofit community organizations that are effectively addressing national and local challenges and encourage such organizations to replicate and expand successful initiatives; (17) leverage Federal investments to increase State, local, business, and philanthropic re- sources to address national and local chal- lenges; (18) support institutions of higher education that engage students in community service ac- tivities and provide high-quality service-learn- ing opportunities; and (19) recognize the expertise veterans can offer to national service programs, expand the participation of the veterans in the national service programs, and assist the families of veterans and members of the Armed Forces on active duty. (Pub. L. 101–610, § 2, Nov. 16, 1990, 104 Stat. 3129; Pub. L. 103–82, § 2(a), Sept. 21, 1993, 107 Stat. 787; Pub. L. 111–13, title I, § 1101, Apr. 21, 2009, 123 Stat. 1463.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), 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 below and Tables. AMENDMENTS 2009—Subsec. (b)(2). Pub. L. 111–13, § 1101(1), sub- stituted ‘‘community and service throughout the var- Page 8294 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12501 ied and diverse communities of’’ for ‘‘community throughout’’. Subsec. (b)(4). Pub. L. 111–13, § 1101(2), inserted ‘‘geo- graphic location,’’ after ‘‘income,’’. Subsec. (b)(6). Pub. L. 111–13, § 1101(3), inserted ‘‘na- tional’’ after ‘‘existing’’. Subsec. (b)(7). Pub. L. 111–13, § 1101(4)(A), substituted ‘‘programs, agencies, and communities’’ for ‘‘programs and agencies’’. Subsec. (b)(9) to (19). Pub. L. 111–13, § 1101(4)(B)–(6), added pars. (9) to (19). 1993—Pub. L. 103–82 amended section generally, sub- stituting provisions relating to findings and purposes for former provisions setting forth the purposes of this chapter. 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. SHORT TITLE OF 2009 AMENDMENT Pub. L. 111–13, § 1(a), Apr. 21, 2009, 123 Stat. 1460, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Serve America Act’.’’ SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–117, div. B, § 1301(a), Jan. 10, 2002, 115 Stat. 2339, provided that: ‘‘This section [enacting subchapter III of this chapter] may be cited as the ‘Unity in the Spirit of America Act’ or the ‘USA Act’.’’ SHORT TITLE OF 1994 AMENDMENT Pub. L. 103–304, § 1, Aug. 23, 1994, 108 Stat. 1565, pro- vided that: ‘‘This Act [amending sections 4953, 5024, 12591, 12602, 12615, 12619, 12622, 12651d, 12653, and 12655n of this title and enacting provisions set out as a note under section 4953 of this title] may be cited as the ‘King Holiday and Service Act of 1994’.’’ SHORT TITLE OF 1993 AMENDMENT Pub. L. 103–82, § 1(a), Sept. 21, 1993, 107 Stat. 785, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘National and Community Service Trust Act of 1993’.’’ SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–384, § 1, Oct. 5, 1992, 106 Stat. 1455, provided that: ‘‘This Act [amending sections 12511, 12522, 12523, 12525, 12526, 12541, 12550, 12612, 12614, 12615, 12622, 12639, 12651, and 12681 of this title] may be cited as the ‘Na- tional and Community Service Technical Amendment Act of 1992’.’’ SHORT TITLE OF 1991 AMENDMENT Pub. L. 102–10, § 1, Mar. 12, 1991, 105 Stat. 29, provided that: ‘‘This Act [enacting section 12645 of this title, amending sections 5091m, 12511, 12521, 12522, 12524, 12527, 12531, 12542 to 12544, 12548, 12553, 12575, 12576, 12602, 12638, and 12651 of this title, and repealing section 12556 of this title] may be cited as the ‘National and Commu- nity Service Technical Amendments Act of 1991’.’’ SHORT TITLE Pub. L. 101–610, § 1(a), Nov. 16, 1990, 104 Stat. 3127, pro- vided that: ‘‘This Act [enacting this chapter, sections 5091 to 5091n of this title, and section 2452a of Title 22, Foreign Relations and Intercourse, amending sections 1018c, 1018e, 1070a–6, 1087vv, 1092, and 1092b of Title 20, Education, and former section 546 of Title 45, Railroads, and enacting provisions set out as notes under this sec- tion and section 24301 of Title 49, Transportation] may be cited as the ‘National and Community Service Act of 1990’.’’ Pub. L. 101–610, title I, subtitle B (§§ 110–118), § 110, Nov. 16, 1990, 104 Stat. 3132, which provided that such subtitle (enacting former part B (§§ 12521–12531) of sub- chapter I of this chapter) be cited as the ‘‘Serve-Amer- ica: The Community Service, Schools and Service- Learning Act of 1990’’, was repealed by Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 825. Pub. L. 108–45, § 1, July 3, 2003, 117 Stat. 844, which provided that Pub. L. 108–45, enacting section 12605 of this title, could be cited as the ‘‘Strengthen AmeriCorps Program Act’’, was repealed by Pub. L. 111–13, title I, § 1406(b), Apr. 21, 2009, 123 Stat. 1521. Pub. L. 101–610, title I, § 199, formerly § 120, Nov. 16, 1990, 104 Stat. 3140, as renumbered by Pub. L. 103–82, title I, § 101(a), Sept. 21, 1993, 107 Stat. 788, provided that: ‘‘This subtitle [subtitle I (§§ 199–199O) (formerly subtitle C (§§ 120–136)) of title I of Pub. L. 101–610, enact- ing division I (formerly part C) of subchapter I of this chapter] may be cited as the ‘American Conservation and Youth Service Corps Act of 1990’.’’ Pub. L. 101–610, title I, subtitle D (§§ 140–150), § 140, Nov. 16, 1990, 104 Stat. 3150, which provided that such subtitle (enacting former part D (§§ 12571–12580) of sub- chapter I of this chapter) be cited as the ‘‘National and Community Service Act’’, was omitted in the general amendment of part D (now division D) by Pub. L. 103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 816. Pub. L. 101–610, title III, § 301, Nov. 16, 1990, 104 Stat. 3180, which provided that title III of Pub. L. 101–610, en- acting subchapter II of this chapter, could be cited as ‘‘The Points of Light Foundation Act’’, was repealed by Pub. L. 111–13, title I, § 1831(a), Apr. 21, 2009, 123 Stat. 1578. PROVISIONS RELATED TO THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Pub. L. 116–136, div. A, title III, § 3514, Mar. 27, 2020, 134 Stat. 405, as amended by Pub. L. 116–159, div. A, § 156(d)(1), Oct. 1, 2020, 134 Stat. 721, provided that: ‘‘(a) ACCRUAL OF SERVICE HOURS.— ‘‘(1) ACCRUAL THROUGH OTHER SERVICE HOURS.— ‘‘(A) IN GENERAL.—Notwithstanding any other provision of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.) or the National and Com- munity Service Act of 1990 (42 U.S.C. 12501 et seq.), the Corporation for National and Community Serv- ice shall allow an individual described in subpara- graph (B) to accrue other service hours that will count toward the number of hours needed for the individual’s education award. ‘‘(B) AFFECTED INDIVIDUALS.—Subparagraph (A) shall apply to any individual serving in a position eligible for an educational award under subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.)— ‘‘(i) who is performing limited service due to COVID–19; or ‘‘(ii) whose position has been suspended or placed on hold due to COVID–19. ‘‘(2) PROVISIONS IN CASE OF EARLY EXIT.—In any case where an individual serving in a position eligible for an educational award under subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.) was required to exit the position early at the direction of the Corporation for National and Community Service, the Chief Executive Officer of the Corporation for National and Community Serv- ice may— ‘‘(A) deem such individual as having met the re- quirements of the position; and ‘‘(B) award the individual the full value of the educational award under such subtitle for which the individual would otherwise have been eligible. ‘‘[(b) Repealed. Pub. L. 116–159, div. A, § 156(d)(1), Oct. 1, 2020, 134 Stat. 721.] ‘‘(c) NO REQUIRED RETURN OF GRANT FUNDS.—Not- withstanding section 129(l)(3)(A)(i) of the National and Community Service Act of 1990 (42 U.S.C. 12581(l)(3)(A)(i)), the Chief Executive Officer of the Cor- poration for National and Community Service may per- mit fixed-amount grant recipients under such section 129(l) to maintain a pro rata amount of grant funds, at Page 8295 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12501 the discretion of the Corporation for National and Com- munity Service, for participants who exited, were sus- pended, or are serving in a limited capacity due to COVID–19, to enable the grant recipients to maintain operations and to accept participants. ‘‘(d) EXTENSION OF TERMS AND AGE LIMITS.—Notwith- standing any other provision of law, the Corporation for National and Community Service may extend the term of service (for a period not to exceed the 1-year period immediately following the end of the national emergency) or waive any upper age limit (except in no case shall the maximum age exceed 26 years of age) for national service programs carried out by the National Civilian Community Corps under subtitle E of title I of the National and Community Service Act of 1990 (42 U.S.C. 12611 et seq.), and the participants in such pro- grams, for the purposes of— ‘‘(1) addressing disruptions due to COVID–19; and ‘‘(2) minimizing the difficulty in returning to full operation due to COVID–19 on such programs and par- ticipants.’’ [Pub. L. 116–159, div. A, § 156(d)(1), Oct. 1, 2020, 134 Stat. 721, provided that: ‘‘Section 3514(b) of title III of division A of Public Law 116–136 [formerly set out above] is hereby repealed, and such section shall be ap- plied hereafter as if such subsection had never been en- acted.’’] [Pub. L. 116–159, div. A, § 156(e), Oct. 1, 2020, 134 Stat. 721, provided that: [‘‘(1) This section [amending section 3514 of Pub. L. 116–136, set out above] shall become effective imme- diately upon enactment of this Act [div. A of Pub. L. 116–159, approved Oct. 1, 2020]. [‘‘(2) If this Act is enacted after September 30, 2020, this section shall be applied as if it were in effect on September 30, 2020.’’] COMPLIANCE WITH BUY AMERICAN ACT Pub. L. 103–82, title V, § 501, Sept. 21, 1993, 107 Stat. 922, provided that: ‘‘No funds appropriated pursuant to this Act [see Tables for classification] (including the amendments made by this Act) may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 ([former] 41 U.S.C. 10a–10c, popularly known as the ‘Buy American Act’ [see 41 U.S.C. 8301 et seq.]).’’ SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE Pub. L. 103–82, title V, § 502, Sept. 21, 1993, 107 Stat. 923, provided that: ‘‘(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.—In the case of any equipment or product that may be authorized to be purchased with financial assistance provided under this Act [see Tables for clas- sification] (including the amendments made by this Act), it is the sense of the Congress that entities re- ceiving such assistance should, in expending the assist- ance, purchase only American-made equipment and products. ‘‘(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In pro- viding financial assistance under this Act (including the amendments made by this Act), the Secretary of Education shall provide to each recipient of the assist- ance a notice describing the statement made in sub- section (a) by the Congress.’’ PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS MADE IN AMERICA Pub. L. 103–82, title V, § 503, Sept. 21, 1993, 107 Stat. 923, provided that: ‘‘If it has been finally determined by a court or Federal agency that any person inten- tionally affixed a label bearing a ‘Made in America’ in- scription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds appropriated to carry out this Act, pursuant to the debarment, suspension, and ineligi- bility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations.’’ Executive Documents EX. ORD. NO. 13254. ESTABLISHING THE USA FREEDOM CORPS Ex. Ord. No. 13254, Jan. 29, 2002, 67 F.R. 4869, as amended by Ex. Ord. No. 13286, § 6, Feb. 28, 2003, 68 F.R. 10620, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Policy. Building on our Nation’s rich tradi- tion of citizen service, this Administration’s policy is to foster a culture of responsibility, service, and citi- zenship by promoting, expanding, and enhancing public service opportunities for all Americans and by making these opportunities readily available to citizens from all geographic areas, professions, and walks of life. More specifically, this Administration encourages all Americans to serve their country for the equivalent of at least 2 years (4,000 hours) over their lifetimes. To- ward those ends, the executive departments, agencies, and offices constituting the USA Freedom Corps shall coordinate and strengthen Federal and other service opportunities, including opportunities for participation in homeland security preparedness and response, other areas of public and social service, and international service. The executive branch departments, agencies, and offices also will work with State and local govern- ments and private entities to foster and encourage par- ticipation in public and social service programs, as ap- propriate. SEC. 2. USA Freedom Corps. The USA Freedom Corps shall be an interagency initiative, bringing together executive branch departments, agencies, and offices with public service programs and components, includ- ing but not limited to programs and components with the following functions: (i) recruiting, mobilizing, and encouraging all Ameri- cans to engage in public service; (ii) providing concrete opportunities to engage in public service; (iii) providing the public with access to information about public service opportunities through Federal pro- grams and elsewhere; and (iv) providing recognition and awards to volunteers and other participants in public service programs. SEC. 3. USA Freedom Corps Council. (a) Establishment and Mission. There shall be a USA Freedom Corps Coun- cil (Council) chaired by the President and composed of heads of executive branch departments, agencies, and offices, which shall have the following functions: (i) serving as a forum for Federal officials respon- sible for public service programs to coordinate and improve public service programs and activities ad- ministered by the executive branch; (ii) working to encourage all Americans to engage in public service, whether through Federal programs or otherwise; (iii) advising the President and heads of executive branch departments, agencies, and offices concerning the optimization of current Federal programs to en- hance public service opportunities; (iv) coordinating public outreach and publicity of citizen service opportunities provided by Federal pro- grams; (v) encouraging schools, universities, private public service organizations, and other non-Federal entities to foster and reward public service; (vi) studying the availability of public service op- portunities provided by the Federal Government and elsewhere; and (vii) tracking progress in participation in public service programs. (b) Membership. In addition to the Chair, the members of the Council shall be the heads of the executive branch departments, agencies, and offices listed below, Page 8296 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12501 or their designees, and such other officers of the execu- tive branch as the President may from time to time designate. Every member of the Council or designee shall be a full-time or permanent part-time officer or employee of the Federal Government. Members shall not be compensated for their service on the Council in addition to the salaries they receive as employees or officers of the Federal Government. (i) Vice President; (ii) Attorney General; (iii) Secretary of State; (iv) Secretary of Health and Human Services; (v) Secretary of Commerce; (vi) Secretary of Education; (vii) Secretary of Veterans Affairs; (viii) Secretary of Homeland Security; (ix) Chief Executive Officer of the Corporation for National and Community Service; (x) Director of the Peace Corps; (xi) Administrator of the United States Agency for International Development; (xii) Director of the USA Freedom Corps Office; and (xiii) Director of the Office of Faith-Based and Community Initiatives. (c) Chair. The President shall be the Chair of the USA Freedom Corps Council, and in his absence, the Vice President shall serve as Chair. The Director of the USA Freedom Corps Office may, at the President’s direction, preside over meetings of the Council in the President’s and Vice President’s absence. (d) Honorary Co-Chair. The President may, from time to time, designate an Honorary Co-Chair or Co-Chairs, who shall serve in an advisory role to the Council and to the President on matters considered by the Council. Any Honorary Co-Chair shall be a full-time or perma- nent part-time employee or officer of the Federal Gov- ernment. (e) Meetings. The Council shall meet at the Presi- dent’s direction. The Director of the USA Freedom Corps Office shall be responsible, at the President’s di- rection, for determining the agenda, ensuring that nec- essary papers are prepared, and recording Council ac- tions and Presidential decisions. (f) Responsibilities of Executive Branch Departments, Agencies, and Offices. (i) Members of the Council shall remain responsible for overseeing the programs administered by their re- spective departments, agencies, and offices. Each such department, agency, and office will retain its authority and responsibility to administer those pro- grams according to law; (ii) Each executive branch department, agency, or office with responsibility for programs relating to the functions and missions of the USA Freedom Corps as described in section 2 of this order shall be respon- sible for identifying those public service opportuni- ties and coordinating with the USA Freedom Corps Council to ensure that such programs are, if appro- priate, publicized and encouraged by the Council; and (iii) Upon the request of the Chair, and to the ex- tent permitted by law, the heads of executive branch departments and agencies shall provide the Council with relevant information. SEC. 4. USA Freedom Corps Office. (a) General. The USA Freedom Corps also shall be supported by a USA Free- dom Corps Office (Office), which shall be a component of the White House Office. The USA Freedom Corps Of- fice shall have a Director who shall be appointed by the President. The Director shall be assisted by an appro- priate staff within the White House Office. (b) Presidential Recognition to Participants in USA Free- dom Corps Programs. In addition to supporting and fa- cilitating the functions of the Council listed in section 3 of this order, the Office shall support the President in providing recognition to volunteers and other partici- pants in programs and activities relating to the func- tions and missions of the USA Freedom Corps as de- scribed in section 2 of this order. SEC. 5. General Provisions. (a) The White House Office shall provide the Council and Office with such funding and administrative support, to the extent permitted by law and subject to the availability of appropriations, as directed by the Chief of Staff to the President to carry out the provisions of this order. (b) This order does not alter the existing authorities or roles of executive branch departments, agencies, or offices. Nothing in this order shall supersede any re- quirement made by or under law. (c) This order does not create any right or benefit, substantive or procedural, enforceable at law or equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person. GEORGE W. BUSH. EX. ORD. NO. 13331. NATIONAL AND COMMUNITY SERVICE PROGRAMS Ex. Ord. No. 13331, Feb. 27, 2004, 69 F.R. 9911, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and to strengthen the ability of programs au- thorized under the national service laws to build and reinforce a culture of service, citizenship, and responsi- bility throughout our Nation, and to institute reforms to improve accountability and efficiency in the admin- istration of those programs, it is hereby ordered as fol- lows: SECTION 1. Definitions. For purposes of this order: (a) ‘‘National service laws’’ means the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) and the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.); (b) ‘‘National and community service programs’’ means those programs authorized under the national service laws; (c) ‘‘Policies governing programs authorized under the national service laws’’ refers to all policies, pro- grams, guidelines, and regulations, including official guidance and internal agency procedures and practices, that are issued by the Corporation for National and Community Service (Corporation) and have significant effects on national and community service programs; and (d) ‘‘Professional corps programs’’ means those pro- grams described in section 122(a)(8) of the National and Community Service Act of 1990 (42 U.S.C. 12572(a)(8)) [see 42 U.S.C. 12572(c)(1)(D)]. SEC. 2. Fundamental Principles and Policymaking Cri- teria. In formulating and implementing policies gov- erning programs authorized under the national service laws, the Corporation shall, to the extent permitted by law, adhere to the following fundamental principles: (a) National and community service programs should support and encourage greater engagement of Ameri- cans in volunteering; (b) National and community service programs should be more responsive to State and local needs; (c) National and community service programs should make Federal support more accountable and more ef- fective; and (d) National and community service programs should expand opportunities for involvement of faith-based and other community organizations. SEC. 3. Agency Implementation. (a) The Chief Executive Officer of the Corporation for National and Community Service (Chief Executive Officer) shall, in coordination with the USA Freedom Corps Council, review and evaluate existing policies governing national and com- munity service programs in order to assess the consist- ency of such policies with the fundamental principles and policymaking criteria described in section 2 of this order. (b) The Chief Executive Officer shall ensure that all policies governing national and community service pro- grams issued by the Corporation are consistent with the fundamental principles and policymaking criteria described in section 2 of this order. To that end, the Chief Executive Officer shall, to the extent permitted by law, Page 8297 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12501 (i) amend all such existing policies to ensure that they are consistent with the fundamental principles and policymaking criteria articulated in section 2 of this order; and (ii) where appropriate, implement new policies that are consistent with and necessary to further the fun- damental principles and policymaking criteria set forth in section 2 of this order. (c) In developing implementation steps, the Chief Ex- ecutive Officer should address, at a minimum, the fol- lowing objectives: (i) National and community service programs should leverage Federal resources to maximize sup- port from the private sector and from State and local governments, with an emphasis on reforms that en- hance programmatic flexibility, reduce administra- tive burdens, and calibrate Federal assistance to the respective needs of recipient organizations; (ii) National and community service programs should leverage Federal resources to enable the re- cruitment and effective management of a larger num- ber of volunteers than is currently possible; (iii) National and community service programs should increase efforts to expand opportunities for, and strengthen the capacity of, faith-based and other community organizations in building and strength- ening an infrastructure to support volunteers that meet community needs; (iv) National and community service programs should adopt performance measures to identify those practices that merit replication and further invest- ment, as well as to ensure accountability; (v) National and community service programs should, consistent with the principles of Federalism and the constitutional role of the States and Indian tribes, promote innovation, flexibility, and results at all levels of government; (vi) National and community service programs based in schools should employ tutors who meet re- quired paraprofessional qualifications, and use such practices and methodologies as are required for sup- plemental educational services; (vii) National and community service programs should foster a lifetime of citizenship and civic en- gagement among those who serve; (viii) National and community service programs should avoid or eliminate practices that displace vol- unteers who are not supported under the national service laws; and (ix) Guidelines for the selection of national and community service programs should recognize the importance of professional corps programs in light of the fundamental principles and policymaking criteria set forth in this order. SEC. 4. Management Reforms. (a) The Corporation should implement internal management reforms to strengthen its oversight of national and community service programs through enforcement of performance and compliance standards and other management tools. (b) Management reforms should include, but should not be limited to, the following: (i) Institutionalized changes to the budgetary and grant-making processes to ensure that financial com- mitments remain within available resources; (ii) Enhanced accounting and management systems that would ensure compliance with fiscal restrictions and provide timely, accurate, and readily available information about enrollment in AmeriCorps and about funding and obligations incurred for all na- tional and community service programs; (iii) Assurance by the Chief Executive Officer and the Chief Financial Officer in the Corporation’s Man- agement Representation Letter that its financial statements, including the Statement of Budgetary Resources, are accurate and reliable; and (iv) Management reforms that tie employee per- formance to fiscal responsibility, attainment of man- agement goals, and professional conduct. SEC. 5. Report. Within 180 days after the date of this order, the Chief Executive Officer shall report to the President, through the Assistant to the President and Director of the USA Freedom Corps Office, the actions the Corporation proposes to undertake to accomplish the objectives set forth in this order. SEC. 6. Judicial Review. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agen- cies, or other entities, its officers or employees, or any other person. GEORGE W. BUSH. EXPANDING NATIONAL SERVICE THROUGH PARTNERSHIPS TO ADVANCE GOVERNMENT PRIORITIES Memorandum of President of the United States, July 15, 2013, 78 F.R. 43747, provided: Memorandum for the Heads of Executive Depart- ments and Agencies Service has always been integral to the American identity. Our country was built on the belief that all of us, working together, can make this country a better place for all. That spirit remains as strong and integral to our identity today as at our country’s founding. Since its creation 20 years ago, the Corporation for National and Community Service (CNCS) has been the Federal agency charged with leading and expanding na- tional service. The Edward M. Kennedy Serve America Act of 2009 (SAA) expanded CNCS’s authority to create opportunities for more Americans to serve. This land- mark, bipartisan legislation focuses national service on six areas: emergency and disaster services; economic opportunity; education; environmental stewardship; healthy futures; and veterans and military families. The SAA provides greater opportunities for CNCS to partner with other executive departments and agencies (agencies) and with the private sector to utilize na- tional service to address these critical areas. National service and volunteering can be effective so- lutions to national challenges and can have positive and lasting impacts that reach beyond the immediate service experience. Americans engaged in national service make an intensive commitment to tackle unmet national and local needs by working through non-profit, faith-based, and community organizations. Service can help Americans gain valuable skills, pursue higher education, and jumpstart their careers, which can provide immediate and long-term benefits to those individuals, as well as the communities in which they serve. Americans are ready and willing to serve. Applica- tions from Americans seeking to engage in national service programs far exceed the number of available po- sitions. By creating new partnerships between agencies and CNCS that expand national service opportunities in areas aligned with agency missions, we can utilize the American spirit of service to improve lives and commu- nities, expand economic and educational opportunities, enhance agencies’ capacity to achieve their missions, efficiently use tax dollars, help individuals develop skills that will enable them to prepare for long-term careers, and build a pipeline to employment inside and outside the Federal Government. Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to expand the positive impact of national service, I hereby direct the following: SECTION 1. Establishing a Task Force on Expanding Na- tional Service. There is established a Task Force on Ex- panding National Service, to be co-chaired by the Chief Executive Officer of CNCS and the Director of the Do- mestic Policy Council, which shall include representa- tives from agencies and offices that administer pro- grams and develop policies in areas that include the six focus areas set forth in the SAA. The Task Force shall include representatives from: (a) the Department of Defense; (b) the Department of Justice; (c) the Department of the Interior; (d) the Department of Agriculture; Page 8298 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12511 (e) the Department of Commerce; (f) the Department of Labor; (g) the Department of Health and Human Services; (h) the Department of Housing and Urban Develop- ment; (i) the Department of Transportation; (j) the Department of Energy; (k) the Department of Education; (l) the Department of Veterans Affairs; (m) the Department of Homeland Security; (n) the Peace Corps; (o) the National Science Foundation; (p) the Office of Personnel Management; (q) the Environmental Protection Agency; (r) the White House Office of Cabinet Affairs; and (s) such other agencies and offices as the co-chairs may designate. SEC. 2. Mission and Function of the Task Force. (a) The Task Force shall: (i) identify existing, and, if appropriate, recommend new, policies or practices that support the expansion of national service and volunteer opportunities that align with the SAA and agency priorities; (ii) make recommendations on the most effective way to coordinate national service and volunteering pro- grams across the Federal Government; (iii) identify and develop opportunities for inter- agency agreements between CNCS and other agencies to support the expansion of national service and volun- teering; (iv) identify and develop public-private partnerships to support the expansion of national service and volun- teering; (v) identify and develop strategies to use innovation and technology to facilitate the ability of the public to participate in national service and volunteering activi- ties; and (vi) develop a mechanism to evaluate the effective- ness and cost-effectiveness of national service and vol- unteering interventions in achieving agency priorities, and aggregate and disseminate the results of that eval- uation. (b) Within 18 months of the date of this memo- randum, the Task Force shall provide the President with a report on the progress made with respect to the functions set forth in subsection (a) of this section. SEC. 3. Facilitating National Service and Volunteering Partnerships. (a) Each agency on the Task Force shall: (i) within 180 days of the date of this memorandum, consult with CNCS about how existing authorities and CNCS programs can be used to enter into interagency and public-private partnerships that allow for meaning- ful national service and volunteering opportunities, in- cluding participating in AmeriCorps, and help the agency achieve its mission; (ii) work with CNCS to evaluate the effectiveness and cost-effectiveness of such partnerships; and (iii) work with CNCS to identify ways in which the agency’s national service participants and volunteers can develop transferable skills, and also how national service can serve as a pipeline to employment inside and outside the Federal Government. (b) Where practicable, agencies may consider enter- ing into interagency agreements with CNCS to share program development and funding responsibilities, as authorized under 42 U.S.C. 12571(b)(1). SEC. 4. Recruitment of National Service Participants in the Civilian Career Services. In order to provide national service participants a means to pursue additional op- portunities to continue their public service through ca- reer civilian service, the Office of Personnel Manage- ment shall, within 120 days of the date of this memo- randum, issue guidance to agencies on developing and improving Federal recruitment strategies for partici- pants in national service. SEC. 5. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law or Executive Order to an agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Chief Executive Officer of CNCS is hereby au- thorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. SUBCHAPTER I—NATIONAL AND COMMU- NITY SERVICE STATE GRANT PROGRAM Division A—General Provisions § 12511. Definitions For purposes of this subchapter: (1) Adult volunteer The term ‘‘adult volunteer’’ means an indi- vidual, such as an older adult, an individual with a disability, a parent, or an employee of a business or public or private nonprofit orga- nization, who— (A) works without financial remuneration in an educational institution to assist stu- dents or out-of-school youth; and (B) is beyond the age of compulsory school attendance in the State in which the edu- cational institution is located. (2) Alaska Native-serving institution The term ‘‘Alaska Native-serving institu- tion’’ has the meaning given the term in sec- tion 1059d(b) of title 20. (3) Approved national service position The term ‘‘approved national service posi- tion’’ means a national service position for which the Corporation has approved the provi- sion of a national service educational award described in section 12603 of this title as one of the benefits to be provided for successful serv- ice in the position. (4) Approved silver scholar position The term ‘‘approved silver scholar position’’ means a position, in a program described in section 12653c(a) of this title, for which the Corporation has approved the provision of a silver scholarship educational award as one of the benefits to be provided for successful serv- ice in the position. (5) Approved summer of service position The term ‘‘approved summer of service posi- tion’’ means a position, in a program described in section 12563(c)(8) of this title, for which the Corporation has approved the provision of a summer of service educational award as one of the benefits to be provided for successful serv- ice in the position. (6) Asian American and Native American Pa- cific Islander-serving institution The term ‘‘Asian American and Native American Pacific Islander-serving institution’’ has the meaning given the term in section 1059g(b) of title 20.