42 U.S.C. § 12583 — National service program assistance re-

Page 8334 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12583 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. § 12583. National service program assistance re- quirements (a) Impact on communities An application submitted under section 12582 of this title shall include an assurance by the applicant that any national service program carried out by the applicant using assistance provided under section 12571 of this title and any national service program supported by a grant made by the applicant using such assistance will— (1) address unmet human, educational, envi- ronmental, or public safety needs through services that provide a direct benefit to the community in which the service is performed; and (2) comply with the nonduplication and non- displacement requirements of section 12637 of this title and the grievance procedure require- ments of section 12636(f) of this title. (b) Impact on participants An application submitted under section 12582 of this title shall also include an assurance by the applicant that any national service program carried out by the applicant using assistance provided under section 12571 of this title and any national service program supported by a grant made by the applicant using such assistance will— (1) provide participants in the national serv- ice program with the training, skills, and knowledge necessary for the projects that par- ticipants are called upon to perform; (2) provide support services to participants, such as the provision of appropriate informa- tion and support— (A) to those participants who are com- pleting a term of service and making the transition to other educational and career opportunities; and (B) to those participants who are school dropouts in order to assist those partici- pants in earning the equivalent of a high school diploma; and (3) provide, if appropriate, structured oppor- tunities for participants to reflect on their service experiences. (c) Consultation An application submitted under section 12582 of this title shall also include an assurance by the applicant that any national service program carried out by the applicant using assistance provided under section 12571 of this title and any national service program supported by a grant made by the applicant using such assistance will— (1) provide in the design, recruitment, and operation of the program for broad-based input from— (A) the community served, the munici- pality and government of the county (if ap- propriate) in which the community is lo- cated, and potential participants in the pro- gram; and (B) community-based agencies with a dem- onstrated record of experience in providing services and local labor organizations rep- resenting employees of service sponsors, if these entities exist in the area to be served by the program; (2) prior to the placement of participants, consult with the appropriate local labor orga- nization, if any, representing employees in the area who are engaged in the same or similar work as that proposed to be carried out by such program to ensure compliance with the nondisplacement requirements specified in section 12637 of this title; and (3) in the case of a program that is not fund- ed through a State (including a national serv- ice program that a nonprofit organization seeks to operate in 2 or more States), consult with and coordinate activities with the State Commission for each State in which the pro- gram will operate, and the Corporation shall obtain confirmation from the State Commis- sion that the applicant seeking assistance under this chapter has consulted with and co- ordinated with the State Commission when seeking to operate the program in that State. (d) Evaluation and performance goals (1) In general An application submitted under section 12582 of this title shall also include an assurance by the applicant that the applicant will— (A) arrange for an independent evaluation of any national service program carried out using assistance provided to the applicant under section 12571 of this title or, with the approval of the Corporation, conduct an in- ternal evaluation of the program; (B) apply measurable performance goals and evaluation methods (such as the use of surveys of participants and persons served), which are to be used as part of such evalua- tion to determine the impact of the pro- gram— (i) on communities and persons served by the projects performed by the program; (ii) on participants who take part in the projects; and (iii) in such other areas as the Corpora- tion may require; and (C) cooperate with any evaluation activi- ties undertaken by the Corporation. (2) Evaluation Subject to paragraph (3), the Corporation shall develop evaluation criteria and perform- ance goals applicable to all national service programs carried out with assistance provided under section 12571 of this title. (3) Alternative evaluation requirements The Corporation may establish alternative evaluation requirements for national service programs based upon the amount of assistance received under section 12571 of this title or re- ceived by a grant made by a recipient of as- sistance under such section. The determina- tion of whether a national service program is covered by this paragraph shall be made in such manner as the Corporation may pre- scribe. Page 8335 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12584 (e) Living allowances and other inservice bene- fits Except as provided in section 12594(c) of this title, an application submitted under section 12582 of this title shall also include an assurance by the applicant that the applicant will— (1) ensure the provision of a living allowance and other benefits specified in section 12594 of this title to participants in any national serv- ice program carried out by the applicant using assistance provided under section 12571 of this title; and (2) require that each national service pro- gram that receives a grant from the applicant using such assistance will also provide a living allowance and other benefits specified in sec- tion 12594 of this title to participants in the program. (f) Selection of participants from individuals re- cruited by Corporation or State Commissions The Corporation may also require an assur- ance by the applicant that any national service program carried out by the applicant using as- sistance provided under section 12571 of this title and any national service program sup- ported by a grant made by the applicant using such assistance will select a portion of the par- ticipants for the program from among prospec- tive participants recruited by the Corporation or State Commissions under section 12592(d) of this title. The Corporation may specify a min- imum percentage of participants to be selected from the national leadership pool established under section 12592(e) of this title and may vary the percentage for different types of national service programs. (Pub. L. 101–610, title I, § 131, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 803; amended Pub. L. 111–13, title I, § 1309, Apr. 21, 2009, 123 Stat. 1507.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c)(3), 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. PRIOR PROVISIONS A prior section 131 of Pub. L. 101–610 was renumbered section 199J and is classified to section 12655j of this title. AMENDMENTS 2009—Subsec. (c)(1)(A). Pub. L. 111–13, § 1309(1), added subpar. (A) and struck out former subpar. (A) which read as follows: ‘‘the community served and potential participants in the program; and’’. Subsec. (c)(3). Pub. L. 111–13, § 1309(2), added par. (3) and struck out former par. (3) which read as follows: ‘‘in the case of a program that is not funded through a State, consult with and coordinate activities with the State Commission for the State in which the program operates.’’ 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. § 12584. Ineligible service categories (a) In general Except as provided in subsection (b), an appli- cation submitted to the Corporation under sec- tion 12582 of this title shall include an assurance by the applicant that any national service pro- gram carried out using assistance provided under section 12571 of this title and any ap- proved national service position provided to an applicant will not be used to perform service that provides a direct benefit to any— (1) business organized for profit; (2) labor union; (3) partisan political organization; (4) organization engaged in religious activi- ties, unless such service does not involve the use of assistance provided under section 12571 of this title or participants— (A) to give religious instruction; (B) to conduct worship services; (C) to provide instruction as part of a pro- gram that includes mandatory religious edu- cation or worship; (D) to construct or operate facilities de- voted to religious instruction or worship or to maintain facilities primarily or inher- ently devoted to religious instruction or worship; or (E) to engage in any form of proselytiza- tion; or (5) nonprofit organization that fails to com- ply with the restrictions contained in section 501(c) of title 26, except that nothing in this section shall be construed to prevent partici- pants from engaging in advocacy activities un- dertaken at their own initiative. (b) Regional Corporation The requirement of subsection (a) relating to an assurance regarding direct benefits to busi- nesses organized for profit shall not apply with respect to a Regional Corporation, as defined in section 3(g) of the Alaska Native Claims Settle- ment Act (43 U.S.C. 1602(g)), that is established in accordance with such Act [43 U.S.C. 1601 et seq.] as a for-profit corporation but that is en- gaging in nonprofit activities. (Pub. L. 101–610, title I, § 132, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 805.) Editorial Notes REFERENCES IN TEXT The Alaska Native Claims Settlement Act, referred to in subsec. (b), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. PRIOR PROVISIONS A prior section 132 of Pub. L. 101–610 was renumbered section 199L and classified to section 12655k of this title, prior to repeal by Pub. L. 103–82, § 101(e)(8)(A).