42 U.S.C. § 12613 — National service program

Page 8354 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12612 § 12612. Establishment of National Civilian Com- munity Corps Program (a) In general The Corporation may establish the National Civilian Community Corps Program to carry out the purpose of this division. (b) Program components Under the National Civilian Community Corps Program authorized by subsection (a), the mem- bers of a National Civilian Community Corps shall receive training and perform service in at least one of the following two program compo- nents: (1) A national service program. (2) A summer national service program. (c) Residential components Both programs referred to in subsection (b) may include a residential component. (Pub. L. 101–610, title I, § 152, formerly § 195A, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2523; renumbered § 152 and amended Pub. L. 103–82, title I, § 104(b), title IV, § 402(b)(2), Sept. 21, 1993, 107 Stat. 840, 919; Pub. L. 111–13, title I, § 1502, Apr. 21, 2009, 123 Stat. 1521.) Editorial Notes CODIFICATION Section was formerly classified to section 12653a of this title prior to renumbering by Pub. L. 103–82, § 104(b). PRIOR PROVISIONS A prior section 12612, Pub. L. 101–610, title I, § 161, Nov. 16, 1990, 104 Stat. 3157; Pub. L. 102–384, § 7(a), Oct. 5, 1992, 106 Stat. 1456, related to eligibility and selection procedures, prior to repeal by Pub. L. 103–82, § 104(a). AMENDMENTS 2009—Pub. L. 111–13, § 1502(1), amended section catch- line generally. Subsec. (a). Pub. L. 111–13, § 1502(2), substituted ‘‘Na- tional Civilian Community Corps Program’’ for ‘‘Civil- ian Community Corps Demonstration Program’’. Subsec. (b). Pub. L. 111–13, § 1502(3), in introductory provisions, substituted ‘‘National Civilian Community Corps Program’’ for ‘‘Civilian Community Corps Dem- onstration Program’’ and ‘‘a National Civilian Commu- nity Corps’’ for ‘‘a Civilian Community Corps’’. Subsec. (c). Pub. L. 111–13, § 1502(4), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: ‘‘Both program components are residential programs. The members of the Corps in each program shall reside with other members of the Corps in Corps housing during the periods of the members’ agreed service.’’ 1993—Subsec. (a). Pub. L. 103–82, § 402(b)(2), sub- stituted ‘‘Corporation’’ for ‘‘Commission on National and Community Service’’. 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 section 402(b)(2) 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. REPORT AND STUDY REQUIREMENTS Pub. L. 102–484, div. A, title X, § 1092(b), Oct. 23, 1992, 106 Stat. 2534, as amended by Pub. L. 103–82, title I, § 104(e)(1)(B), (C), title IV, § 402(a)(1), Sept. 21, 1993, 107 Stat. 846, 918, related to a progress report to be sub- mitted to the appropriate committees of Congress as- sessing the activities undertaken in establishing and administering Civilian Community Corps camps and analyzing the level of coordination of Corps activities with activities of other departments or agencies of the Federal Government and a report to be submitted to the appropriate committees of Congress concerning the desirability and feasibility of establishing the Civilian Community Corps as an independent agency of the Fed- eral Government. COORDINATION OF PROGRAMS Pub. L. 102–484, div. A, title X, § 1093, Oct. 23, 1992, 106 Stat. 2534, as amended by Pub. L. 103–82, title I, § 104(e)(1)(B), title IV, § 402(a)(2), Sept. 21, 1993, 107 Stat. 846, 918, provided that: ‘‘(a) COORDINATED ADMINISTRATION.—To the max- imum extent practicable, the Chief of the National Guard Bureau, the Board of Directors and Chief Execu- tive Officer of the Corporation for National and Com- munity Service, and the Director of the Civilian Com- munity Corps shall coordinate the National Guard Youth Opportunities Program established pursuant to section 1091 [of Pub. L. 102–484, 32 U.S.C. 501 note] and the Civilian Community Corps Demonstration Program established pursuant to the authorization contained in section 152 of the National and Community Service Act of 1990 [42 U.S.C. 12612] (as added by section 1092(a)). ‘‘(b) OBJECTIVES.—The officials referred to in sub- section (a) shall ensure that— ‘‘(1) the programs referred to in subsection (a) are conducted in such a manner in relationship to each other that the public benefit of those programs is maximized; ‘‘(2) to the maximum extent appropriate to meet the needs of program participants, persons who com- plete participation in the National Guard Youth Op- portunities Program and are eligible and apply to participate in the Civilian Community Corps under the Civilian Community Corps Demonstration Pro- gram are accepted for participation in that Program; and ‘‘(3) the programs referred to in subsection (a) are conducted simultaneously in competition with each other in the same immediate area of the United States only when the population of eligible partici- pants in that area is sufficient to justify the simulta- neous conduct of such programs in that area.’’ § 12613. National service program (a) In general Under the national service program compo- nent of the National Civilian Community Corps Program authorized by section 12612(a) of this title, eligible young people shall work in teams on National Civilian Community Corps projects. (b) Eligible participants A person shall be eligible for selection for the national service program if the person— (1) is, or will be, at least 18 years of age on or before December 31 of the calendar year in which the individual enrolls in the program, but is not more than 24 years of age as of the date the individual begins participating in the program; and (2) is a high school graduate or has not re- ceived a high school diploma or its equivalent. (c) Diverse backgrounds of participants In selecting persons for the national service program, the Director shall endeavor to ensure that participants are from economically, geo- graphically, and ethnically diverse backgrounds. Page 8355 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12615 The Director shall take appropriate steps, in- cluding through outreach and recruitment ac- tivities, to increase the percentage of partici- pants in the program who are disadvantaged youth to 50 percent of all participants by year 2012. The Director shall report to the author- izing committees biennially on such steps, any challenges faced, and the annual participation rates of disadvantaged youth in the program. (d) Period of participation Persons desiring to participate in the national service program shall enter into an agreement with the Director to participate in the Corps for a period of not less than nine months and not more than one year, as specified by the Director, and may renew the agreement for not more than one additional such period. (Pub. L. 101–610, title I, § 153, formerly § 195B, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2523; renumbered § 153 and amended Pub. L. 103–82, title I, § 104(b), (e)(2)(A), Sept. 21, 1993, 107 Stat. 840, 846; Pub. L. 111–13, title I, § 1503, Apr. 21, 2009, 123 Stat. 1521.) Editorial Notes CODIFICATION Section was formerly classified to section 12653b of this title prior to renumbering by Pub. L. 103–82, § 104(b). PRIOR PROVISIONS A prior section 12613, Pub. L. 101–610, title I, § 162, Nov. 16, 1990, 104 Stat. 3158, related to training program in skills to be employed in Peace Corps or VISTA, prior to repeal by Pub. L. 103–82, § 104(a). AMENDMENTS 2009—Subsec. (a). Pub. L. 111–13, § 1503(1), substituted ‘‘National Civilian Community Corps Program’’ for ‘‘Civilian Community Corps Demonstration Program’’ and ‘‘on National Civilian Community Corps’’ for ‘‘on Civilian Community Corps’’. Subsec. (b)(1). Pub. L. 111–13, § 1503(2), added par. (1) and struck out former par. (1) which read as follows: ‘‘is at least 16 and not more than 24 years of age; and’’. Subsec. (c). Pub. L. 111–13, § 1503(3), substituted ‘‘backgrounds’’ for ‘‘backrounds’’ in heading and in- serted at end ‘‘The Director shall take appropriate steps, including through outreach and recruitment ac- tivities, to increase the percentage of participants in the program who are disadvantaged youth to 50 percent of all participants by year 2012. The Director shall re- port to the authorizing committees biennially on such steps, any challenges faced, and the annual participa- tion rates of disadvantaged youth in the program.’’ Subsecs. (d), (e). Pub. L. 111–13, § 1503(4), (5), redesig- nated subsec. (e) as (d) and struck out former subsec. (d). Text of former subsec. (d) read as follows: ‘‘To the extent practicable, at least 50 percent of the partici- pants in the national service program shall be economi- cally disadvantaged youths.’’ 1993—Subsec. (a). Pub. L. 103–82, § 104(e)(2)(A), sub- stituted ‘‘section 12612(a)’’ for ‘‘section 12653a(a)’’. 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. § 12614. Summer national service program (a) In general Under the summer national service program of the National Civilian Community Corps Pro- gram authorized by section 12612(a) of this title, a diverse group of youth aged 14 through 18 years who are from urban or rural areas shall work in teams on National Civilian Community Corps projects. (b) Necessary participants To the extent practicable, at least 50 percent of the participants in the summer national serv- ice program shall be from economically and eth- nically diverse backgrounds, including youth who are in foster care. (c) Seasonal program The training and service of Corps members under the summer national service program in each year shall be conducted after April 30 and before October 1 of that year. (Pub. L. 101–610, title I, § 154, formerly § 195C, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2524; renumbered § 154 and amended Pub. L. 103–82, title I, § 104(b), (e)(2)(B), Sept. 21, 1993, 107 Stat. 840, 847; Pub. L. 111–13, title I, § 1504, Apr. 21, 2009, 123 Stat. 1522.) Editorial Notes CODIFICATION Section was formerly classified to section 12653c of this title prior to renumbering by Pub. L. 103–82, § 104(b). PRIOR PROVISIONS A prior section 12614, Pub. L. 101–610, title I, § 163, Nov. 16, 1990, 104 Stat. 3158; Pub. L. 102–384, § 7(b), Oct. 5, 1992, 106 Stat. 1456, related to higher education bene- fits for those selected for Peace Corps or VISTA dem- onstration programs, prior to repeal by Pub. L. 103–82, § 104(a). AMENDMENTS 2009—Subsec. (a). Pub. L. 111–13, § 1504(1), substituted ‘‘National Civilian Community Corps Program’’ for ‘‘Civilian Community Corps Demonstration Program’’ and ‘‘on National Civilian Community Corps’’ for ‘‘on Civilian Community Corps’’. Subsec. (b). Pub. L. 111–13, § 1504(2), substituted ‘‘shall be from economically and ethnically diverse back- grounds, including youth who are in foster care.’’ for ‘‘shall be economically disadvantaged youths.’’ 1993—Subsec. (a). Pub. L. 103–82, § 104(e)(2)(B), sub- stituted ‘‘section 12612(a)’’ for ‘‘section 12653a(a)’’. 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. § 12615. National Civilian Community Corps (a) Director Upon the establishment of the National Civil- ian Community Corps Program, the National Ci-