PRIOR PROVISIONS A prior section 12541, Pub. L. 101-610, title I, § 121, Nov. 16, 1990, 104 Stat. 3140, as amended, which prescribed general authority of Commission to make grants and transfer funds for youth corps programs, was renumbered section 199A of Pub. L. 101-610 by Pub. L. 103-82, § 101(a), and transferred to section 12655 of this title. A prior section 117 of Pub. L. 101-610 was classified to section 12527 of this title prior to repeal by Pub. L. 103-82. § 12542. General authority (a) Grants From the funds appropriated to carry out this subpart for a fiscal year, the Corporation may make grants to State Commissions, grantmaking entities, and qualified organizations to pay for the Federal share of the implementation, operation, expansion, or replication of community-based service programs. (b) Use of funds (1) State Commissions and grantmaking entities A State Commission or grantmaking entity may use a grant made under subsection (a) of this section (A) to make a grant to a qualified organization to implement, operate, expand, or replicate a community-based service program that provides for meaningful human, educational, environmental, or public safety service by participants, who shall be schoolage youth; or (B) to provide training and technical assistance to such an organization. (2) Qualified organizations A qualified organization, other than a grantmaking entity, may use a grant made under subsection (a) of this section to implement, operate, expand, or replicate a program described in paragraph (1)(A). (Pub. L. 101-610, title I, § 117A, as added Pub. L. 103-82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 833.) PRIOR PROVISIONS A prior section 12542, Pub. L. 101-610, title I, § 122, Nov. 16, 1990, 104 Stat. 3140, as amended, which related to allocation of funds by Commission for conservation and youth corps programs, was renumbered section 199B of Pub. L. 101-610 by Pub. L. 103-82, § 101(a), and transferred to section 12655a of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 12511, 12541, 12543, 12544, 12545, 12547 of this title. § 12543. State applications (a) In general To be eligible to receive a grant under section 12542(a) of this title, a State Commission shall prepare, submit to the Corporation, and obtain approval of, an application. (b) Submission Such application shall be submitted to the Corporation at such time and in such manner, and shall contain such information, as the Chief Executive Officer may reasonably require. (c) Contents Such an application shall include, at a minimum, a State plan that contains the information and assurances described in section 12544(d) of this title with respect to each community-based service program proposed to be carried out through funding distributed by the State Commission under this subpart. (Pub. L. 101-610, title I, § 117B, as added Pub. L. 103-82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 834.) PRIOR PROVISIONS A prior section 12543, Pub. L. 101-610, title I, § 123, Nov. 16, 1990, 104 Stat. 3141, as amended, which related to applications for assistance by States, Indian tribes and other local applicants, was renumbered section 199C of Pub. L. 101-610 by Pub. L. 103-82, § 101(a), and transferred to section 12655b of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 12544, 12545, 12638 of this title. § 12544. Local applications (a) Application to Corporation to make grants for community-based service programs To be eligible to receive a grant from the Corporation under section 12542(a) of this title to make grants under section 12542(b)(1) of this title, a grantmaking entity shall prepare, submit to the Corporation, and obtain approval of, an application that proposes a communitybased service program to be carried out through grants made to qualified organizations. Such application shall be submitted at such time and in such manner, and shall contain such information, as the Chief Executive Officer may reasonably require. (b) Direct application to Corporation to carry out community-based service programs To be eligible to receive a grant from the Corporation under section 12542(a) of this title to implement, operate, expand, or replicate a community service program, a qualified organization shall prepare, submit to the Corporation, and obtain approval of, an application that proposes a community-based service program to be carried out at multiple sites, or that proposes an innovative community-based service program. Such application shall be submitted at such time and in such manner, and shall contain such information, as the Chief Executive Officer may reasonably require. (c) Application to State Commission or grantmaking entity to receive grants to carry out communitybased service programs To be eligible to receive a grant from a State Commission or grantmaking entity under section 12542(b)(1) of this title, a qualified organization shall prepare, submit to the Commission or entity, and obtain approval of, an application. Such application shall be submitted at such time and in such manner, and shall contain such information, as the Commission or entity may reasonably require. (d) Regulations The Corporation shall by regulation establish standards for the information and assurances required to be contained in an application submitted under subsection (a) or (b) of this section with respect to a community-based service program, including, at a minimum (1) an assurance that the entity carrying out the program proposed by the applicant will comply with the nonduplication and nondisplacement provisions of section 12637 of this title and the grievance procedure requirements of section 12636(f) of this title; (2) an assurance that the entity carrying out the program will, prior to placing a participant in the program, consult with the appropriate local labor organization, if any, representing employees in the area in which the program will be carried out that are engaged in the same or similar work as the work proposed to be carried out by the program, to prevent the displacement of such employees; and (3) in the case of an application submitted by a grantmaking entity, information demonstrating that the entity will make grants for a program to (A) carry out activities described in section 12542(b)(1) of this title in two or more States, under circumstances in which the activities carried out under such program can be carried out more efficiently through one program than through two or more programs; and (B) carry out the same activities, such as training activities or activities related to exchanging information on service experiences, through each of the projects assisted through the program. (e) Limitation on same project in multiple applications No applicant shall submit an application under section 12543 of this title or this section, and the Corporation shall reject an application that is submitted under section 12543 of this title or this section, if the application describes a project proposed to be conducted using assistance requested by the applicant and the project is already described in another application pending before the Corporation. (Pub. L. 101-610, title I, § 117C, as added Pub. L. 103-82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 834.) PRIOR PROVISIONS A prior section 12544, Pub. L. 101-610, title I, § 124, Nov. 16, 1990, 104 Stat. 3143, as amended, which prescribed appropriate focus for conservation and youth service corps programs, was renumbered section 199D of Pub. L. 101-610 by Pub. L. 103-82, § 101(a), and transferred to section 12655c of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 12541, 12543, 12545 of this title. § 12545. Consideration of applications (a) Application of criteria The Corporation shall apply the criteria described in subsection (b) of this section in deter mining whether to approve an application submitted under section 12543 of this title or under subsection (a) or (b) of section 12544 of this title and to provide assistance under section 12542 of this title to the applicant on the basis of the application. (b) Assistance criteria In evaluating such an application with_respect to a program under this subpart, the Corporation shall consider the criteria established for national service programs under section 12585(c) of this title. (c) Application to subgrants A State Commission or grantmaking entity shall apply the criteria described in subsection (b) of this section in determining whether to approve an application under section 12544(c) of this title and to make a grant under section 12542(b)(1) of this title to the applicant on the basis of the application. (Pub. L. 101-610, title I, § 117D, as added Pub. L. 103-82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 835.) PRIOR PROVISIONS A prior section 12545, Pub. L. 101-610, title I, § 125, Nov. 16, 1990, 104 Stat. 3144, which related to administration of related programs, was renumbered section 199E of Pub. L. 101-610 by Pub. L. 103-82, § 101(a), and transferred to section 12655d of this title. § 12546. Federal, State, and local contributions (a) Federal share (1) In general The Federal share attributable to this subpart of the cost of carrying out a program for which a grant is made under this subpart may not exceed the percentage specified in subparagraph (A), (B), (C), or (D) of section 12529(a)(1) of this title, as appropriate. (2) Calculation Each recipient of assistance under this subpart shall comply with section 12529(a)(2) of this title. (b) Waiver The Chief Executive Officer may waive the requirements of subsection (a) of this section, in whole or in part, as provided in section 12529(b) of this title. (Pub. L. 101-610, title I, § 117E, as added Pub. L. 103-82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 836.) PRIOR PROVISIONS A prior section 12546, Pub. L. 101-610, title I, § 126, Nov. 16, 1990, 104 Stat. 3144, which related to program activities on public or Indian lands, was renumbered section 199F of Pub. L. 101-610 by Pub. L. 103-82, § 101(a), and transferred to section 12655e of this title. 8 12547. Limitations on uses of funds (a) Administrative costs Not more than 5 percent of the amount of assistance provided to a State Commission, grantmaking entity, or qualified organization that is the original recipient of a grant under section 12542(a) of this title for a fiscal year may be used to pay for administrative costs incurred by (1) the original recipient; or (2) the entity carrying out the communitybased service programs supported with the assistance. (b) Rules on use The Chief Executive Officer may by rule prescribe the manner and extent to which (1) such assistance may be used to cover administrative costs; and (2) that portion of the assistance available to cover administrative costs should be distributed between (A) the original recipient; and (B) the entity carrying out the community-based service programs supported with the assistance. (Pub. L. 101-610, title I, § 117F, as added Pub. L. 103-82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 836.) PRIOR PROVISIONS A prior section 12547, Pub. L. 101-610, title I, § 127, Nov. 16, 1990, 104 Stat. 3145, which related to training and education services, was renumbered section 199G of Pub. L. 101-610 by Pub. L. 103-82, § 101(a), and transferred to section 12655f of this title. A prior section 12548, Pub. L. 101-610, title I, § 128, Nov. 16, 1990, 104 Stat. 3146, as amended, which related to amount of award and matching requirement, was renumbered section 199H of Pub. L. 101-610 by Pub. L. 103-82, title I, § 101(a), Sept. 21, 1993, 107 Stat. 788, and transferred to section 12655g of this title, prior to repeal by Pub. L. 103-82, § 101(e)(8)(A). A prior section 12549, Pub. L. 101-610, title I, § 129, Nov. 16, 1990, 104 Stat. 3146, which related to preference for certain projects, was successively renumbered section 1991, then 199H, of Pub. L. 101-610 by Pub. L. 103-82, § 101(a), (e)(8)(B), and transferred to section 12655h of this title. A prior section 12550, Pub. L. 101-610, title I, § 130, Nov. 16, 1990, 104 Stat. 3146, as amended, which related to age and citizenship criteria for enrollment, was successively renumbered section 199J, then 1991, of Pub. L. 101-610 by Pub. L. 103-82, § 101(a), (e)(8)(B), and transferred to section 126551 of this title. SUBPART C-CLEARINGHOUSE § 12551. Service-learning clearinghouse (a) In general The Corporation shall provide financial assistance, from funds appropriated to carry out division H of this subchapter, to organizations described in subsection (b) of this section to establish a clearinghouse, which shall carry out activities, either directly or by arrangement with another such organization, with respect to information about service-learning. (b) Public or private nonprofit organizations Public or private nonprofit organizations that have extensive experience with service-learning, including use of adult volunteers to foster service-learning, shall be eligible to receive assistance under subsection (a) of this section. (c) Function of clearinghouse An organization that receives assistance under subsection (a) of this section may (1) assist entities carrying out State or local service-learning programs with needs assessments and planning; (2) conduct research and evaluations concerning service-learning; (3)(A) provide leadership development and training to State and local service-learning program administrators, supervisors, service sponsors, and participants; and (B) provide training to persons who can provide the leadership development and training described in subparagraph (A); (4) facilitate communication among entities carrying out service-learning programs and participants in such programs; (5) provide information, curriculum materials, and technical assistance relating to planning and operation of service-learning programs, to States and local entities eligible to receive financial assistance under this subchapter; (6) provide information regarding methods to make service-learning programs accessible to individuals with disabilities; (7)(A) gather and disseminate information on successful service-learning programs, components of such successful programs, innovative youth skills curricula related to servicelearning, and service-learning projects; and 1 (B) coordinate the activities of the Clearinghouse with appropriate entities to avoid duplication of effort; (8) make recommendations to State and local entities on quality controls to improve the quality of service-learning programs; (9) assist organizations in recruiting, screening, and placing service-learning coordinators; and (10) carry out such other activities as the Chief Executive Officer determines to be appropriate. (Pub. L. 101-610, title I, § 118, as added Pub. L. 103-82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 836.) PRIOR PROVISIONS A prior section 12551, Pub. L. 101-610, title I, § 131, Nov. 16, 1990, 104 Stat. 3147, which related to use of volunteers in assisting program projects, was successively renumbered section 199K, then 199J, of Pub. L. 101-610 by Pub. L. 103-82, § 101(a), (e)(8)(B), and transferred to section 12655j of this title. A prior section 118 of Pub. L. 101-610 was classified to section 12531 of this title prior to repeal by Pub. L. 103-82. A prior section 12552, Pub. L. 101-610, title I, § 132, Nov. 16, 1990, 104 Stat. 3147, which related to postservice benefits, was renumbered section 199L of Pub. L. 101-610 by Pub. L. 103-82, title I, § 101(a), and transferred to section 12655k of this title, prior to repeal by Pub. L. 103-82, § 101(e)(8)(A). A prior section 12553, Pub. L. 101-610, title I, § 133, Nov. 16, 1990, 104 Stat. 3147, as amended, which related to living allowance, was successively renumbered section 199M, then 199K, of Pub. L. 101-610 by Pub. L. 103-82, § 101(a), (e)(8)(B), and transferred to section 126551 of this title. A prior section 12554, Pub. L. 101-610, title I, § 134, Nov. 16, 1990, 104 Stat. 3148, which related to joint programs, was successively renumbered section 199N, 1 So in original. Probably should not be capitalized. then 199L, of Pub. L. 101-610 by Pub. L. 103-82, § 101(a), (e)(8)(B), and transferred to section 12655m of this title. A prior section 12555, Pub. L. 101-610, title I, § 135, Nov. 16, 1990, 104 Stat. 3149, which related to Federal and State employee status, was successively renumbered section 1990, then 199M, of Pub. L. 101-610 by Pub. L. 103-82, § 101(a), (e)(8)(B), and transferred to section 12655n of this title. A prior section 12556, Pub. L. 101-610, title I, § 136, Nov. 16, 1990, 104 Stat. 3150, directed Commission on National and Community Service to promulgate regulations implementing American Conservation Youth Corps program and established procedures for promulgation, prior to repeal by Pub. L. 102-10, § 5(7), Mar. 12, 1991, 105 Stat. 31. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 12653a of this title. PART II-HIGHER EDUCATION INNOVATIVE PART REFERRED TO IN OTHER SECTIONS This part is referred to in section 12681 of this title. § 12561. Higher education innovative programs for community service (a) Purpose It is the purpose of this part to expand participation in community service by supporting innovative community service programs carried out through institutions of higher education, acting as civic institutions to meet the human, educational, environmental, or public safety needs of neighboring communities. (b) General authority The Corporation, in consultation with the Secretary of Education, is authorized to make grants to, and enter into contracts with, institutions of higher education (including a combination of such institutions), and partnerships comprised of such institutions and of other public or private nonprofit organizations, to pay for the Federal share of the cost of (1) enabling such an institution or partnership to create or expand an organized community service program that (A) engenders a sense of social responsibility and commitment to the community in which the institution is located; and (B) provides projects for participants, who shall be students, faculty, administration, or staff of the institution, or residents of the community; (2) supporting student-initiated and student-designed community service projects through the program; (3) strengthening the leadership and instructional capacity of teachers at the elementary, secondary, and postsecondary levels, with respect to service-learning, by— (A) including service-learning as a key component of the preservice teacher education of the institution; and (B) encouraging the faculty of the institution to use service-learning methods throughout their curriculum; (4) facilitating the integration of community service carried out under the program into academic curricula, including integration of clinical programs into the curriculum for students in professional schools, so that students can obtain credit for their community service projects; (5) supplementing the funds available to carry out work-study programs under part C of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq.) to support service-learning and community service through the community service program; (6) strengthening the service infrastructure within institutions of higher education in the United States through the program; and (7) providing for the training of teachers, prospective teachers, related education personnel, and community leaders in the skills necessary to develop, supervise, and organize service-learning. (c) Federal share (1) Share (A) In general The Federal share of the cost of carrying out a community service project for which a grant or contract is awarded under this part may not exceed 50 percent. (B) Calculation Each recipient of assistance under this part shall comply with section 12529(a)(2) of this title. (2) Waiver The Chief Executive Officer may waive the requirements of paragraph (1), in whole or in part, as provided in section 12529(b) of this title. (d) Application for grant (1) Submission To receive a grant or enter into a contract under this part, an institution or partnership described in subsection (b) of this section shall prepare, submit to the Corporation, and obtain approval of, an application at such time, in such manner, and containing such information and assurances as the Corporation may reasonably require. In requesting applications for assistance under this part, the Corporation shall specify such required information and assurances. (2) Contents An application submitted under paragraph (1) shall contain, at a minimum(A) assurances that (i) prior to the placement of a participant, the applicant will 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 prevent the displacement and protect the rights of such employees; and (ii) the applicant will comply with the nonduplication and nondisplacement provisions of section 12637 of this title and grievance procedure requirements of section 12636(f) of this title; and (B) such other assurances as the Chief Executive Officer may reasonably require. (e) Priority (1) In general In making grants and entering into contracts under subsection (b) of this section, the Corporation shall give priority to applicants that submit applications containing proposals that (A) demonstrate the commitment of the institution of higher education, other than by demonstrating the commitment of the students, to supporting the community service projects carried out under the program; (B) specify the manner in which the institution will promote faculty, administration, and staff participation in the community service projects; (C) specify the manner in which the institution will provide service to the community through organized programs, including, where appropriate, clinical programs for students in professional schools; (D) describe any partnership that will participate in the community service projects, such as a partnership comprised of (i) the institution; (ii)(I) a community-based agency; (III) a nonprofit entity that serves or involves school-age youth or older adults; and (iii) a student organization; (E) demonstrate community involvement in the development of the proposal; (F) specify that the institution will use such assistance to strengthen the service infrastructure in institutions of higher education; or (G) with respect to projects involving delivery of service, specify projects that involve leadership development of school-age youth. (2) Determination In giving priority to applicants under paragraph (1), the Corporation shall give increased priority to such an applicant for each characteristic described in subparagraphs (A) through (G) of paragraph (1) that is reflected in the application submitted by the applicant. (f) National service educational award A participant in a program funded under this part shall be eligible for the national service educational award described in division D of this subchapter, if the participant served in an approved national service position. (g) "Student" defined Notwithstanding section 12511(29) of this title, as used in this part, the term "student" means an individual who is enrolled in an institution of higher education on a full- or parttime basis. (Pub. L. 101-610, title I, § 119, as added Pub. L. 103-82, title I, § 103(b), Sept. 21, 1993, 107 Stat. 837.) REFERENCES IN TEXT The Higher Education Act of 1965, referred to in subsec. (b)(5), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Part C of title IV of the Act is classified generally to part C (§ 2751 et seq.) of subchapter I of chapter 34 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20, Education, and Tables. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 12511 of this title. Division C-National Service Trust Program PRIOR PROVISIONS This division is comprised of subtitle C, §§ 121-141, of title I of Pub. L. 101-610. A prior part C (§ 12541 et seq.), comprised of subtitle C, §§ 120-135, of title I of Pub. L. 101-610 was renumbered subtitle I §§ 199A-1990, of title I of Pub. L. 101-610 by Pub. L. 103-82, title I, § 101(a), Sept. 21, 1993, 107 Stat. 788, and transferred to division I of this subchapter. DIVISION REFERRED TO IN OTHER SECTIONS This division is referred to in sections 12511, 12521, 12601, 12604, 12638, 12639, 12651d, 12653, 12655, 12656, 12681 of this title; title 16 sections 1726, 1727; title 31 section 6703. PART I-INVESTMENT IN NATIONAL SERVICE § 12571. Authority to provide assistance and approved national service positions (a) Provision of assistance Subject to the availability of appropriations for this purpose, the Corporation for National and Community Service may make grants to States, subdivisions of States, Indian tribes, public or private nonprofit organizations, and institutions of higher education for the purpose of assisting the recipients of the grants— (1) to carry out full- or part-time national service programs, including summer programs, described in section 12572(a) of this title; and (2) to make grants in support of other national service programs described in section 12572(a) of this title that are carried out by other entities. (b) Agreements with Federal agencies (1) Agreements authorized The Corporation may enter into a contract or cooperative agreement with another Federal agency to support a national service program carried out by the agency. The support provided by the Corporation pursuant to the contract or cooperative agreement may inIclude the transfer to the Federal agency of funds available to the Corporation under this division. (2) Matching funds requirements A Federal agency receiving assistance under this subsection shall not be required to satisfy the matching funds requirements specified in subsection (e) of this section. However, the supplementation requirements specified in section 12633 of this title shall apply with respect to the Federal national service programs supported with such assistance. |