42 U.S.C. § 12632 — Reports

Page 8367 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12632 AMENDMENTS 2009—Subsec. (a)(1). Pub. L. 111–13 substituted ‘‘with respect to a project authorized under the national serv- ice laws’’ for ‘‘with respect to a project’’. 1993—Pub. L. 103–82 amended section generally, sub- stituting provisions relating to family and medical leave for provisions relating to limitation on number of grants under this subchapter. 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 OF 1993 AMENDMENT Amendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation. § 12632. Reports (a) State reports (1) In general Each State receiving assistance under this subchapter shall prepare and submit, to the Corporation, an annual report concerning the use of assistance provided under this sub- chapter and the status of the national and community service programs that receive as- sistance under such subchapter in such State. (2) Local grantees Each State may require local grantees that receive assistance under this subchapter to supply such information to the State as is nec- essary to enable the State to complete the re- port required under paragraph (1), including a comparison of actual accomplishments with the goals established for the program, the number of participants in the program, the number of service hours generated, and the ex- istence of any problems, delays or adverse con- ditions that have affected or will affect the at- tainment of program goals. (3) Report demonstrating compliance (A) In general Each State receiving assistance under this subchapter shall include information in the report required under paragraph (1) that demonstrates the compliance of the State with the provisions of this chapter, includ- ing section 12637 of this title. (B) Local grantees Each State may require local grantees to supply such information to the State as is necessary to enable the State to comply with the requirement of paragraph (1). (4) Availability of report Reports submitted under paragraph (1) shall be made available to the public on request. (b) Report to Congress by Corporation (1) In general Not later than 120 days after the end of each fiscal year, the Corporation shall prepare and submit, to the authorizing committees, the Committee on Appropriations of the House of Representatives, and the Committee on Appro- priations of the Senate, a report concerning the programs that receive assistance under the national service laws. (2) Content Reports submitted under paragraph (1) shall contain a summary of the information con- tained in the State reports submitted under subsection (a), and shall reflect the findings and actions taken as a result of any evalua- tion conducted by the Corporation. (Pub. L. 101–610, title I, § 172, Nov. 16, 1990, 104 Stat. 3159; Pub. L. 103–82, title I, § 114, title IV, § 402(b)(1), Sept. 21, 1993, 107 Stat. 861, 918; Pub. L. 111–13, title I, § 1602, Apr. 21, 2009, 123 Stat. 1529; Pub. L. 112–81, div. A, title X, § 1063(c), Dec. 31, 2011, 125 Stat. 1586.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(3)(A), was in the original ‘‘this Act’’, meaning Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127, known as the National and Com- munity Service Act of 1990, which is classified prin- cipally 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. AMENDMENTS 2011—Subsec. (c). Pub. L. 112–81 struck out subsec. (c). Prior to amendment, text read as follows: ‘‘(1) STUDY.—The Secretary of Defense shall annually conduct a study of the effect of the programs carried out under this subchapter on recruitment for the Armed Forces. ‘‘(2) REPORT.—The Secretary of Defense shall annu- ally submit a report to the authorizing committees, the Committee on Armed Services of the House of Rep- resentatives, and the Committee on Armed Services of the Senate containing the findings of the study de- scribed in paragraph (1) and such recommendations for legislative and administrative reform as the Secretary may determine to be appropriate.’’ 2009—Subsec. (b)(1). Pub. L. 111–13, § 1602(1), which di- rected substitution of ‘‘authorizing committees, the Committee on Appropriations of the House of Rep- resentatives, and the Committee on Appropriations of the Senate’’ for ‘‘appropriate authorizing and appro- priations Committees of Congress’’, was executed by making the substitution for ‘‘appropriate authorizing and appropriation Committees of Congress’’ to reflect the probable intent of Congress. Subsec. (c)(2). Pub. L. 111–13, § 1602(2), substituted ‘‘the authorizing committees, the Committee on Armed Services of the House of Representatives, and the Com- mittee on Armed Services of the Senate’’ for ‘‘the ap- propriate committees of Congress’’. 1993—Subsec. (a)(1). Pub. L. 103–82, § 402(b)(1), sub- stituted ‘‘Corporation’’ for ‘‘Commission’’. Subsec. (a)(3)(A). Pub. L. 103–82, § 114(1), substituted ‘‘section 12637’’ for ‘‘sections 12637 and 12523(9)’’. Subsec. (b). Pub. L. 103–82, § 114(2)(A), substituted ‘‘Report to Congress by Corporation’’ for ‘‘Report to Congress’’ in heading. Subsec. (b)(1). Pub. L. 103–82, § 402(b)(1), substituted ‘‘Corporation’’ for ‘‘Commission’’. Pub. L. 103–82, § 114(2)(B), substituted ‘‘the national service laws’’ for ‘‘this subchapter’’. Subsec. (b)(2). Pub. L. 103–82, § 402(b)(1), substituted ‘‘Corporation’’ for ‘‘Commission’’. Subsec. (c). Pub. L. 103–82, § 114(3), added subsec. (c). 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. Page 8368 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12633 EFFECTIVE DATE OF 1993 AMENDMENT Amendment by section 114 of Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation. Amendment by section 402(b)(1) of Pub. L. 103–82 ef- fective Oct. 1, 1993, see section 406(a) of Pub. L. 103–82, set out as a note under section 5061 of this title. § 12633. Supplementation (a) In general Assistance provided under this subchapter shall be used to supplement the level of State and local public funds expended for services of the type assisted under this subchapter in the previous fiscal year. (b) Aggregate expenditure Subsection (a) shall be satisfied, with respect to a particular program, if the aggregate ex- penditure for such program for the fiscal year in which services are to be provided will not be less than the aggregate expenditure for such pro- gram in the previous fiscal year, excluding the amount of Federal assistance provided and any other amounts used to pay the remainder of the costs of programs assisted under this sub- chapter. (Pub. L. 101–610, title I, § 173, Nov. 16, 1990, 104 Stat. 3160.) § 12634. Prohibition on use of funds (a) Prohibited uses No assistance made available under a grant under this subchapter shall be used to provide religious instruction, conduct worship services, or engage in any form of proselytization. (b) Political activity Assistance provided under this subchapter shall not be used by program participants and program staff to— (1) assist, promote, or deter union orga- nizing; or (2) finance, directly or indirectly, any activ- ity designed to influence the outcome of an election to Federal office or the outcome of an election to a State or local public office. (c) Contracts or collective bargaining agree- ments A program that receives assistance under this subchapter shall not impair existing contracts for services or collective bargaining agreements. (d) Referrals for Federal assistance A program may not receive assistance under the national service laws for the sole purpose of referring individuals to Federal assistance pro- grams or State assistance programs funded in part by the Federal Government. (Pub. L. 101–610, title I, § 174, Nov. 16, 1990, 104 Stat. 3160; Pub. L. 111–13, title I, § 1603, Apr. 21, 2009, 123 Stat. 1529.) Editorial Notes AMENDMENTS 2009—Subsec. (d). Pub. L. 111–13 added subsec. (d). 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. § 12635. Nondiscrimination (a) In general (1) Basis An individual with responsibility for the op- eration of a project that receives assistance under this subchapter shall not discriminate against a participant in, or member of the staff of, such project on the basis of race, color, national origin, sex, age, or political af- filiation of such participant or member, or on the basis of disability, if the participant or member is a qualified individual with a dis- ability. (2) ‘‘Qualified individual with a disability’’ de- fined As used in paragraph (1), the term ‘‘qualified individual with a disability’’ has the meaning given the term in section 12111(8) of this title. (b) Federal financial assistance Any assistance provided under this subchapter shall constitute Federal financial assistance for purposes of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Edu- cation Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and shall con- stitute Federal financial assistance to an edu- cation program or activity for purposes of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.). (c) Religious discrimination (1) In general Except as provided in paragraph (2), an indi- vidual with responsibility for the operation of a project that receives assistance under this subchapter shall not discriminate on the basis of religion against a participant in such project or a member of the staff of such project who is paid with funds received under this subchapter. (2) Exception Paragraph (1) shall not apply to the employ- ment, with assistance provided under this sub- chapter, of any member of the staff, of a project that receives assistance under this subchapter, who was employed with the orga- nization operating the project on the date the grant under this subchapter was awarded. (d) Rules and regulations The Chief Executive Officer shall promulgate rules and regulations to provide for the enforce- ment of this section that shall include provi- sions for summary suspension of assistance for not more than 30 days, on an emergency basis, until notice and an opportunity to be heard can be provided. (Pub. L. 101–610, title I, § 175, Nov. 16, 1990, 104 Stat. 3161; Pub. L. 103–82, title I, § 115, Sept. 21, 1993, 107 Stat. 862.)