National service program assistance requirements

42 U.S.C. § 12583

• Title: 42 — The Public Health and Welfare
• Chapter: SUBCHAPTER I—NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
• Part: II

Text

(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, environmental, 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 nondisplacement requirements of section 12637 of this title and the grievance procedure requirements 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 service program with the training, skills, and knowledge necessary for the projects that participants are called upon to perform;
(2) provide support services to participants, such as the provision of appropriate information and support—
(A) to those participants who are completing 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 participants in earning the equivalent of a high school diploma; and
(3) provide, if appropriate, structured opportunities 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 municipality and government of the county (if appropriate) in which the community is located, and potential participants in the program; and
(B) community-based agencies with a demonstrated record of experience in providing services and local labor organizations representing 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 organization, 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 funded through a State (including a national service 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 program will operate, and the Corporation shall obtain confirmation from the State Commission that the applicant seeking assistance under this chapter has consulted with and coordinated with the State Commission when seeking to operate the program in that State.
(d) Evaluation and performance goals
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 internal 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 evaluation to determine the impact of the program—
(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 Corporation may require; and
(C) cooperate with any evaluation activities undertaken by the Corporation.
Subject to paragraph (3), the Corporation shall develop evaluation criteria and performance goals applicable to all national service programs carried out with assistance provided under section 12571 of this title.
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 received by a grant made by a recipient of assistance under such section. The determination of whether a national service program is covered by this paragraph shall be made in such manner as the Corporation may prescribe.
(e) Living allowances and other inservice benefits
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 service program carried out by the applicant using assistance provided under section 12571 of this title; and
(2) require that each national service program that receives a grant from the applicant using such assistance will also provide a living allowance and other benefits specified in section 12594 of this title to participants in the program.
(f) Selection of participants from individuals recruited by Corporation or State Commissions
The Corporation may also require 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 select a portion of the participants for the program from among prospective participants recruited by the Corporation or State Commissions under section 12592(d) of this title. The Corporation may specify a minimum 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.

History

(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

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 Amendment note under section 1701 of Title 16, Conservation.