Title 42 — The Public Health and Welfare

Part II · Chapter 129 — National and Community Service

§ 12585. Consideration of applications

Statutory text

Corporation consideration of certain criteria

The Corporation shall apply the criteria described in subsections (c) and (d) in determining whether—

to approve an application submitted under section 12582 of this title and provide assistance under section 12571 of this title to the applicant; and

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 applicant.

Application to subgrants

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 application submitted by a national service program to receive a portion of such assistance or an approved national service position.

The application of the State or other entity under section 12582 of this title shall contain—

a certification that the State or other entity used these criteria in the selection of national service programs to receive assistance;

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

a description of the minimum qualifications that individuals shall meet to become participants in such programs.

Assistance criteria

The criteria required to be applied in evaluating applications submitted under section 12582 of this title are as follows:

The quality of the national service program proposed to be carried out directly by the applicant or supported by a grant from the applicant.

The innovative aspects of the national service program, and the feasibility of replicating the program.

The sustainability of the national service program, based on evidence such as the existence—

of strong and broad-based community support for the program; and

of multiple funding sources or private funding for the program.

The quality of the leadership of the national service program, the past performance of the program, and the extent to which the program builds on existing programs.

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 operation of the program.

The extent to which projects would be conducted in the following areas where they are needed most:

Communities designated as empowerment zones or redevelopment areas, targeted for special economic incentives, or otherwise identifiable as having high concentrations of low-income people.

Areas that are environmentally distressed.

Areas adversely affected by Federal actions related to the management of Federal lands that result in significant regional job losses and economic dislocation.

Areas adversely affected by reductions in defense spending or the closure or realignment of military installations.

Areas that have an unemployment rate greater than the national average unemployment for the most recent 12 months for which satisfactory data are available.

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.

Such other criteria as the Corporation considers to be appropriate.

Other considerations

Geographic diversity

The Corporation shall ensure that recipients of assistance provided under section 12571 of this title are geographically diverse and include projects to be conducted in those urban and rural areas in a State with the highest rates of poverty.

Priorities

The Corporation may designate, under such criteria as may be established by the Corporation, 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 section 12581(d) of this title. In designating national service programs to receive priority, the Corporation may include—

national service programs that—

conform to the national service priorities in effect under section 12572(f) of this title;

are innovative; and

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;

grant programs in support of other national service programs if the grant programs are to be conducted by nonprofit organizations with demonstrated and extensive expertise in the provision of services to meet human, educational, environmental, or public safety needs; and

professional corps programs described in section 12572(c)(1)(D) of this title.

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—

proposed in an application submitted by a State Commission; and

not one of the types of programs described 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.

Review panel

The Corporation shall—

establish panels of experts for the purpose of securing recommendations on applications submitted under section 12582 of this title for more than $250,000 in assistance, or for national service positions that would require more than $250,000 in national service educational awards; and

consider the opinions of such panels prior to making such determinations.

Emphasis on areas most in need

In making assistance available under section 12571 of this title and in providing approved national service positions under section 12573 of this title, the Corporation shall ensure that not less than 50 percent of the total amount of assistance to be distributed to States under subsections (d) and (e) of section 12581 of this title for a fiscal year is provided to carry out or support national service programs and projects that—

are conducted in any of the areas described 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

place a priority on the recruitment of participants who are residents of any of such areas or Federal or other public lands.

Views of State Commission

In making competitive awards under section 12581(d) of this title, the Corporation shall solicit and consider the views of a State Commission regarding any application for assistance to carry out a national service program within the State.

Rejection of State applications

Notification of State applicants

If the Corporation rejects an application submitted by a State Commission under section 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 application.

Resubmission and reconsideration

The Corporation shall provide a State Commission 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 Corporation shall promptly reconsider an application resubmitted under this paragraph.

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 provided in section 12581(f) of this title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1993
American Conservation and Youth Service Corps Act of 1990
Pub. L. 101–610 title I § 133 · 104 Stat. 3127
Enacted · 42 U.S.C. § 12585
Pub. L. 101–610, title I, § 133, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 805
Source evidence
Code source credit
Pub. L. 101–610, title I, § 133, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 805
Enacted provision · exact public law section
SEC 133. LIVING ALLOWANCE. (a) Full-Time Service.— (1) In general.— From assistance provided under this sub-title, each participant in a full-time youth corps program that receives assistance under this subtitle shall receive a living allowance of not more than an amount equal to 100 percent of the poverty line for a family of two (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))). (2) Non-federal sources.— Notwithstanding paragraph (1), a program agency may provide participants with additional amounts that are made available from non-Federal sources. (b) Reduction in Existing Program Benefits.— (1) In general.— Nothing in this section shall be construed to require a program in existence on the date of enactment of this Act to decrease any stipends, salaries, or living allowances provided to participants under such program so long as the amount of any such stipends, salaries, or living allowances that is in excess of the levels provided for in this section are paid from non-Federal sources. (2) Fair labor standards act of 1938.— For purposes of the Fair Labor Standards Act of 1938, residential youth corps programs under this subtitle will be considered an organized camp. (c) Health Insurance.— In addition to the living allowance provided under subsection (a), program agencies are encouraged to provide health insurance to each participant in a full-time youth corps program who does not otherwise have access to health insurance. (d) Facilities, Services, and Supplies.— (1) In general.— The program agency may deduct, from amounts provided under subsections (a) and (c) to a participant, a reasonable portion of the costs of the rates for any room and board that is provided for such participant at a residential facility. Such deducted funds shall be deposited into rollover accounts that shall be used solely to defray the costs of room and board for participants. (2) Evaluation.— The program agency shall establish the amount of the deductions and rates under paragraph (1) after evaluating the costs of providing such room and board to the participant. (3) Duties of program agency.— A program agency may provide facilities, quarters, and board and shall provide limited and emergency medical care, transportation from administrative facilities to work sites, accommodations for individuals with disabilities, and other appropriate services, supplies, and equipment to each participant. (4) Other federal agencies.— (A) In general.— The Commission may provide services, facilities, supplies, and equipment, including any surplus food and equipment available from other Federal programs, to any program agency carrying out projects under this subtitle. (B) Secretary of defense.— Whenever possible, the Commission shall make arrangements with the Secretary of Defense to have logistical support provided by a military installation near the work site, including the provision of temporary tent centers where needed, and other supplies and equipment. (5) Health and safety standards.— The Commission and program agencies shall establish standards and enforcement procedures concerning the health and safety of participants for all projects, consistent with Federal, State, and local health and safety standards.
2009
Serve America Act
Pub. L. 111–13 § 1311(1) · 123 Stat. 1460
Struck · 42 U.S.C. § 12585(b)(2)(B)
Pub. L. 111–13, § 1311(1), struck out “jobs or” before “positions”
Source evidence
Code amendment note
Subsec. (b)(2)(B). Pub. L. 111–13, § 1311(1), struck out “jobs or” before “positions”.
Enacted provision · exact public law section
(1) in subsection (b)(2)(B), by striking “jobs or”;
Effective date note
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.
2009
Serve America Act
Pub. L. 111–13 § 1311(2)(A)(i) · 123 Stat. 1460
1. Substituted · 42 U.S.C. § 12585(d)(2)
  Pub. L. 111–13, § 1311(2)(A)(i), substituted “subsection (a), (b), or (c) of section 12572” for “section 12572(a)” in introductory provisions
2. Substituted · 42 U.S.C. § 12585(d)(2)
  Pub. L. 111–13, § 1311(2)(A)(i), substituted “section 12581(d)” for “section 12581(d)(2)” in introductory provisions
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 111–13, § 1311(2)(A)(i), substituted “subsection (a), (b), or (c) of section 12572” for “section 12572(a)” and “section 12581(d)” for “section 12581(d)(2)” in introductory provisions.
Enacted provision · exact public law section
(i) in the matter preceding subparagraph (A)— (I) by striking “section 122(a)” and inserting “subsection (a), (b), or (c) of section 122”; and (II) by striking “section 129(d)(2)” and inserting “section 129(d)”;
Effective date note
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.
2009
Serve America Act
Pub. L. 111–13 § 1311(2)(A)(ii) · 123 Stat. 1460
1. Added · 42 U.S.C. § 12585(d)(2)(A)(G)
  Pub. L. 111–13, § 1311(2)(A)(ii), added subpars. (A) to (C)
2. Struck · 42 U.S.C. § 12585(d)(2)(A)(G)
  Pub. L. 111–13, § 1311(2)(A)(ii), struck out former subpars. (A) to (G), which set forth programs the Corporation could include in designating national service programs to receive priority
Source evidence
Code amendment note
Subsec. (d)(2)(A) to (G). Pub. L. 111–13, § 1311(2)(A)(ii), added subpars. (A) to (C) and struck out former subpars. (A) to (G), which set forth programs the Corporation could include in designating national service programs to receive priority.
Enacted provision · exact public law section
(ii) by striking subparagraphs (A) through (G) and inserting the following: “(A) national service programs that— “(i) conform to the national service priorities in effect under section 122(f); “(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 121; “(B) grant programs in support of other national service programs if the grant programs are to be conducted by nonprofit organizations with demonstrated and extensive expertise in the provision of services to meet human, educational, environmental, or public safety needs; and “(C) professional corps programs described in section 122(c)(1)(D).” ; and
Effective date note
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.
2009
Serve America Act
Pub. L. 111–13 § 1311(2)(B) · 123 Stat. 1460
Substituted · 42 U.S.C. § 12585(d)(3)
Pub. L. 111–13, § 1311(2)(B), substituted “section 12581(d)” for “section 12581(d)(2)” in introductory provisions
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 111–13, § 1311(2)(B), substituted “section 12581(d)” for “section 12581(d)(2)” in introductory provisions.
Enacted provision · exact public law section
(B) in paragraph (3), by striking “section 129(d)(2)” and inserting “section 129(d)”;
Effective date note
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.
2009
Serve America Act
Pub. L. 111–13 § 1311(3) · 123 Stat. 1460
Substituted · 42 U.S.C. § 12585(e)
Pub. L. 111–13, § 1311(3), substituted “subsections (d) and (e) of section 12581” for “subsections (a) and (d)(1) of section 12581” in introductory provisions
Source evidence
Code amendment note
Subsec. (e). Pub. L. 111–13, § 1311(3), substituted “subsections (d) and (e) of section 12581” for “subsections (a) and (d)(1) of section 12581” in introductory provisions.
Enacted provision · exact public law section
(3) in subsection (e), by striking “subsections (a) and (d)(1) of section 129” and inserting “subsections (d) and (e) of section 129”;
Effective date note
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.
2009
Serve America Act
Pub. L. 111–13 § 1311(6) · 123 Stat. 1460
Redesignated · 42 U.S.C. § 12585(f)
Pub. L. 111–13, § 1311(6), added subsec. (f). Former subsec. (f) redesignated (g)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 111–13, § 1311(6), added subsec. (f). Former subsec. (f) redesignated (g).
Enacted provision · exact public law section
(6) by inserting after subsection (e) the following: “(f) Views of State Commission.— In making competitive awards under section 129(d), the Corporation shall solicit and consider the views of a State Commission regarding any application for assistance to carry out a national service program within the State.” .
Effective date note
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.
2009
Serve America Act
Pub. L. 111–13 § 1311(4)(A) · 123 Stat. 1460
Substituted · 42 U.S.C. § 12585(f)(1)
Pub. L. 111–13, § 1311(4)(A), substituted “section 12581(e)” for “section 12581(a)(1)”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 111–13, § 1311(4)(A), substituted “section 12581(e)” for “section 12581(a)(1)”.
Enacted provision · exact public law section
(A) in paragraph (1), by striking “section 129(a)(1)” and inserting “section 129(e)”; and
Effective date note
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.
2009
Serve America Act
Pub. L. 111–13 § 1311(4)(B) · 123 Stat. 1460
1. Substituted · 42 U.S.C. § 12585(f)(3)
  Pub. L. 111–13, § 1311(4)(B), substituted “section 12581(e)” for “section 12581(a)”
2. Substituted · 42 U.S.C. § 12585(f)(3)
  Pub. L. 111–13, § 1311(4)(B), substituted “section 12581(f) of this title” for “paragraph (3) of such subsection”
Source evidence
Code amendment note
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 subsection”.
Enacted provision · exact public law section
(B) in paragraph (3)— (i) by striking “section 129(a)” and inserting “section 129(e)”; and (ii) by striking “paragraph (3) of such subsection” and inserting “section 129(f)”;
Effective date note
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.
2009
Serve America Act
Pub. L. 111–13 § 1311(5) · 123 Stat. 1460
Redesignated · 42 U.S.C. § 12585(g)
Pub. L. 111–13, § 1311(5), redesignated subsec. (f) as (g)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 111–13, § 1311(5), redesignated subsec. (f) as (g).
Enacted provision · exact public law section
(5) by redesignating subsection (f) as subsection (g); and
Effective date note
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.

13 of 13 references resolved to an enrolled provision

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), substituted “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 subpars. (A) to (G), which set forth programs the Corporation could include in designating national service programs to receive priority.

Subsec. (d)(3). Pub. L. 111–13, § 1311(2)(B), substituted “section 12581(d)” for “section 12581(d)(2)” in introductory provisions.

Subsec. (e). Pub. L. 111–13, § 1311(3), substituted “subsections (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 subsection”.

Subsec. (g). Pub. L. 111–13, § 1311(5), redesignated subsec. (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 Amendment note under section 1701 of Title 16, Conservation.

Credits

1993–2009 · 2 acts

1993Pub. L. 101–610, title I, § 133, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 805
2009amended Pub. L. 111–13, title I, § 1311, Apr. 21, 2009, 123 Stat. 1509.

Show as published

(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.)