munity Corps Advisory Board to advise the Director concerning the administration of this division and to assist in the development and administration of the Corps. (b) Membership The Advisory Board shall be composed of the following members: (1) The Secretary of Labor. (3) The Secretary of the Interior. (5) The Secretary of Education. (6) The Secretary of Housing and Urban Development. (7) The Chief of the National Guard Bureau. (8) Individuals appointed by the Director from among persons who are broadly representative of educational institutions, voluntary organizations, industry, youth, and labor unions. (9) The Chief Executive Officer. (c) Inapplicability of termination requirement Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Board. (Pub. L. 101-610, title I, § 163, formerly § 195L, as added Pub. L. 102-484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2532; renumbered § 163 and amended Pub. L. 103-82, title I, 104(b), title IV, §§ 402(b)(3), 403(b), Sept. 21, 1993, 107 Stat. 840, 919, 920.) REFERENCES IN TEXT Section 14 of the Federal Advisory Committee Act, referred to in subsec. (c), is section 14 of Pub. L. 92-463, which is set out in the Appendix to Title 5, Government Organization and Employees. CODIFICATION Section was formerly classified to section 126537 of this title prior to renumbering by Pub. L. 103–82. PRIOR PROVISIONS A prior section 12623, Pub. L. 101-610, title I, § 167, Nov. 16, 1990, 104 Stat. 3159, related to employerbased retiree volunteer programs, prior to repeal by Pub. L. 103-82, title I, § 104(a), Sept. 21, 1993, 107 Stat. 840. A prior section 163 of Pub. L. 101-610 was classified to section 12614 of this title prior to repeal by Pub. L. 103-82. AMENDMENTS 1993-Subsec. (a). Pub. L. 103–82, § 403(b), substituted "Director" for "Director of the Civilian Community Corps". Subsec. (b)(9). Pub. L. 103–82, § 402(b)(3), substituted "Chief Executive Officer" for "Chair of the Commission on National and Community Service". EFFECTIVE DATE OF 1993 AMENDMENT Amendment by section 402(b)(3) of Pub. L. 103-82 effective Oct. 1, 1993, see section 406(a) of Pub. L. 103-82, set out as a note under section 5061 of this title. § 12624. Annual evaluation Pursuant to the provisions for evaluations conducted under section 12639 of this title, and in particular subsection (g) of such section, the Corporation shall conduct an annual evaluation of the Civilian Community Corps programs authorized under this division. (Pub. L. 101-610, title I, § 164, formerly § 195M, as added Pub. L. 102-484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2532; renumbered § 164 and amended Pub. L. 103-82, title I, § 104(b), title IV, § 402(b)(2), Sept. 21, 1993, 107 Stat. 840, 919.) CODIFICATION Section was formerly classified to section 12653m of this title prior to renumbering by Pub. L. 103-82, § 104(b). PRIOR PROVISIONS A prior section 164 of Pub. L. 101-610 was classified to section 12615 of this title prior to repeal by Pub. L. 103-82, § 104(a). AMENDMENTS 1993-Pub. L. 103-82, § 402(b)(2), substituted "Corporation" for "Commission on National and Community Service". EFFECTIVE DATE OF 1993 AMENDMENT Amendment by section 402(b)(2) of Pub. L. 103-82 effective Oct. 1, 1993, see section 406(a) of Pub. L. 103-82, set out as a note under section 5061 of this title. § 12625. Funding limitation The Corporation, in consultation with the Director, shall ensure that no amounts appropriated under section 12681 of this title are utilized to carry out this division. (Pub. L. 101-610, title I, § 165, formerly § 195N, as added Pub. L. 102-484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2532; renumbered § 165 and amended Pub. L. 103-82, title I, § 104(b), title IV, § 402(b)(1), Sept. 21, 1993, 107 Stat. 840, 918.) CODIFICATION Section was formerly classified to section 12653n of this title prior to renumbering by Pub. L. 103-82, § 104(b). PRIOR PROVISIONS A prior section 165 of Pub. L. 101-610 was classified to section 12621 of this title prior to repeal by Pub. L. 103-82, § 104(a). AMENDMENTS 1993-Pub. L. 103-82, § 402(b)(1), substituted "Corporation" for "Commission". EFFECTIVE Date of 1993 AMENDMENT Amendment by section 402(b)(1) of Pub. L. 103-82 effective Oct. 1, 1993, see section 406(a) of Pub. L. 103-82, set out as a note under section 5061 of this title. § 12626. Definitions In this division: (1) Board The term "Board" means the Board of Directors of the Corporation. (2) Corps The terms "Civilian Community Corps" and "Corps" mean the Civilian Community Corps required under section 12615 of this title as part of the Civilian Community Corps Demonstration Program. (3) Corps camp The term "Corps camp" means the facility or central location established as the operational headquarters and boarding place for particular Corps units. (4) Corps members The term "Corps members" means persons receiving training and participating in projects under the Civilian Community Corps Demonstration Program. (5) Director The term "Director" means the Director of the Civilian Community Corps. (6) Institution of higher education The term "institution of higher education" has the meaning given that term in section 1141(a) of title 20. (7) Program The terms "Civilian Community Corps Demonstration Program" and "Program" mean the Civilian Community Corps Demonstration Program established pursuant to section 12612 of this title. (8) Service learning The term "service learning”, with respect to Corps members, means a method (A) under which Corps members learn and develop through active participation in thoughtfully organized service experiences that meet actual community needs; (B) that provides structured time for a Corps member to think, talk, or write about what the Corps member did and saw during an actual service activity; (C) that provides Corps members with opportunities to use newly acquired skills and knowledge in real life situations in their own communities; and (D) that helps to foster the development of a sense of caring for others, good citizenship, and civic responsibility. (9) Superintendent The term "superintendent", with respect to a Corps camp, means the head of the camp under section 12615(d) of this title. (10) Unit The term "unit" means a unit of the Corps referred to in section 12615(c) of this title. (Pub. L. 101-610, title I, § 166, formerly § 1950, as added Pub. L. 102-484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2532; renumbered § 166 and amended Pub. L. 103-82, title I, 104(b), (e)(2)(H), title IV, §§ 402(b)(2), 403(a)(4), Sept. 21, 1993, 107 Stat. 840, 847, 919.) CODIFICATION Section was formerly classified to section 126530 of this title prior to renumbering by Pub. L. 103-82, § 104(b). PRIOR PROVISIONS A prior section 166 of Pub. L. 101-610 was classified to section 12622 of this title prior to repeal by Pub. L. 103-82, § 104(a). AMENDMENTS 1993-Par. (1). Pub. L. 103-82, § 402(b)(2), substituted "Corporation" for "Commission on National and Community Service". Par. (2). Pub. L. 103-82, § 104(e)(2)(H)(1), substituted "section 12615" for "section 12653d". Par. (6). Pub. L. 103-82, § 403(a)(4), which directed amendment of par. (6) of this section by striking par. (6) and redesignating par. (7) of this section as (6) was executed by redesignating par. (7) of this section as (6) and striking out former par. (6) which defined "Executive Director" as Executive Director of Commission on National and Community Service, to reflect the probable intent of Congress. Par. (7). Pub. L. 103-82, § 403(a)(4)(B), which directed amendment of par. (6) of this section by redesignating par. (8) as (7) was executed by redesignating par. (8) of this section as (7), to reflect the probable intent of Congress. Former par. (7) redesignated (6). Par. (8). Pub. L. 103-82, § 403(a)(4)(B), which directed amendment of par. (6) of this section by redesignating par. (9) as (8) was executed by redesignating par. (9) of this section as (8), to reflect the probable intent of Congress. Former par. (8) redesignated (7). Pub. L. 103-82, § 104(e)(2)(H)(ii), substituted "section 12612" for "section 12653a". Par. (9). Pub. L. 103-82, § 403(a)(4)(B), which directed amendment of par. (6) of this section by redesignating par. (10) as (9) was executed by redesignating par. (10) of this section as (9), to reflect the probable intent of Congress. Former par. (9) redesignated (8). Par. (10). Pub. L. 103-82, § 403(a)(4)(B), which directed amendment of par. (6) of this section by redesignating par. (11) as (10) was executed by redesignating par. (11) of this section as (10), to reflect the probable intent of Congress. Former par. (10) redesignated (9). Pub. L. 103-82, § 104(e)(2)(H)(iii), substituted "section 12615(d)" for "section 12653d(d)". Par. (11). Pub. L. 103-82, § 403(a)(4)(B), which directed amendment of par. (6) of this section by redesignating par. (11) as (10) was executed by redesignating par. (11) of this section as (10), to reflect the probable intent of Congress. Pub. L. 103-82, § 104(e)(2)(H)(iv), substituted "section 12615(c)" for "section 12653d(c)". EFFECTIVE DATE OF 1993 AMENDMENT Amendment by section 104(b), (e)(2)(H) 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)(2) of Pub. L. 103-82 effective Oct. 1, 1993, see section 406(a) of Pub. L. 103-82, set out as a note under section 5061 of this title. Division F-Administrative Provisions § 12631. Family and medical leave (a) Participants in private, State, and local projects For purposes of title I of the Family and Medical Leave Act of 1993 [29 U.S.C. 2611 et seq.), if (1) a participant has provided service for the period required by section 101(2)(A)(i) (29 U.S.C. 2611(2)(A)(i)), and has met the hours of service requirement of section 101(2)(A)ii), of such Act with respect to a project; and (2) the service sponsor of the project is an employer described in section 101(4) of such Act (other than an employing agency within the meaning of subchapter V of chapter 63 of title 5), the participant shall be considered to be an eligible employee of the service sponsor. (b) Participants in Federal projects For purposes of subchapter V of chapter 63 of title 5, if (1) a participant has provided service for the period required by section 6381(1)(B) of such title with respect to a project; and (2) the service sponsor of the project is an employing agency within the meaning of such subchapter, the participant shall be considered to be an employee of the service sponsor. (c) Treatment of absence The period of any absence of a participant from a service position pursuant to title I of the Family and Medical Leave Act of 1993 [29 U.S.C. 2611 et seq.] or subchapter V of chapter 63 of title 5 shall not be counted toward the completion of the term of service of the participant under section 12593 of this title. (Pub. L. 101-610, title I, § 171, Nov. 16, 1990, 104 Stat. 3159; Pub. L. 103-82, title I, § 113(a), Sept. 21, 1993, 107 Stat. 861.) REFERENCES IN TEXT The Family and Medical Leave Act of 1993, referred to in subsecs. (a) and (c), is Pub. L. 103-3, Feb. 5, 1993, 107 Stat. 6. Title I of the Act is classified generally to subchapter I (§ 2611 et seq.) of chapter 28 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables. AMENDMENTS 1993-Pub. L. 103-82 amended section generally, substituting provisions relating to family and medical leave for provisions relating to limitation on number of grants under this subchapter. 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 subchapter and the status of the national and community service programs that receive assistance 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 necessary to enable the State to complete the report 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 existence of any problems, delays or adverse conditions that have affected or will affect the attainment 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, including 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 appropriate authorizing and appropriation Committees of Congress, 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 contained in the State reports submitted under subsection (a) of this section, and shall reflect the findings and actions taken as a result of any evaluation conducted by the Corporation. (c) Report to Congress by Secretary of Defense (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 annually submit a report to the appropriate committees of Congress containing the findings of the study described in paragraph (1) and such recommendations for legislative and administrative reform as the Secretary may determine to be appropriate. (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.) 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 Community Service Act of 1990, 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. AMENDMENTS 1993-Subsec. (a)(1). Pub. L. 103–82, § 402(b)(1), substituted "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). 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 effective 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) of this section shall be satisfied, with respect to a particular program, if the aggregate expenditure for such program for the fiscal year in which services are to be provided will not be less than the aggregate expenditure for such program 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 subchapter. (Pub. L. 101-610, title I, § 173, Nov. 16, 1990, 104 Stat. 3160.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 12571 of this title. 812634. 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 organizing; or (2) finance, directly or indirectly, any activity 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 agreements A program that receives assistance under this subchapter shall not impair existing contracts for services or collective bargaining agreements. (Pub. L. 101-610, title I, § 174, Nov. 16, 1990, 104 Stat. 3160.) 812635. Nondiscrimination (a) In general (1) Basis An individual with responsibility for the operation 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 affiliation of such participant or member, or on the basis of disability, if the participant or member is a qualified individual with a disability. (2) “Qualified individual with a disability” defined 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 Education 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 constitute Federal financial assistance to an education 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 individual 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 employment, with assistance provided under this subchapter, of any member of the staff, of a project that receives assistance under this subchapter, who was employed with the organization 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 enforcement of this section that shall include provisions 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.) REFERENCES IN TEXT The Civil Rights Act of 1964, referred to in subsec. (b), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. The Education Amendments of 1972, referred to in subsec. (b), is Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended. Title IX of the Act is classified principally to chapter 38 (§ 1681 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title of 1972 Amendment note set out under section 1001 of Title 20 and Tables. The Age Discrimination Act of 1975, referred to in subsec. (b), is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 728, as amended, which is classified generally to chapter 76 (§ 6101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of this title and Tables. AMENDMENTS 1993-Pub. L. 103-82 amended section generally, making revisions relating to discrimination based on disability, the laws for which assistance under this subchapter constitutes Federal financial assistance, and the responsibility for promulgating regulations. 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. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 12511, 12592 of this title. § 12636. Notice, hearing, and grievance procedures (a) In general (1) Suspension of payments The Corporation may in accordance with the provisions of this subchapter, suspend or terminate payments under a contract or grant providing assistance under this subchapter, or revoke the designation of positions, related to the grant or contract, as approved national service positions, whenever the Corporation determines there is a material failure to comply with this subchapter or the applicable terms and conditions of any such grant or contract issued pursuant to this subchapter. (2) Procedures to ensure assistance The Corporation shall prescribe procedures to ensure that (A) assistance provided under this subchapter shall not be suspended for failure to comply with the applicable terms and conditions of this subchapter except, in emergency situations, a suspension may be granted for 30 days; and (B) assistance provided under this subchapter shall not be terminated or revoked for failure to comply with applicable terms and conditions of this subchapter unless the recipient of such assistance has been afforded reasonable notice and opportunity for a full and fair hearing. (b) Hearings Hearings or other meetings that may be necessary to fulfill the requirements of this section shall be held at locations convenient to the recipient of assistance under this subchapter. (c) Transcript or recording A transcript or recording shall be made of a hearing conducted under this section and shall be available for inspection by any individual. (d) State legislation Nothing in this subchapter shall be construed to preclude the enactment of State legislation providing for the implementation, consistent with this subchapter, of the programs administered under this subchapter. (e) Construction Nothing in this subchapter shall be construed to link performance of service with receipt of Federal student financial assistance, other than assistance provided pursuant to this chapter. (f) Grievance procedure (1) In general A State or local applicant that receives assistance under this subchapter shall establish and maintain a procedure for the filing and adjudication of grievances from participants, labor organizations, and other interested individuals concerning projects that receive assistance under this subchapter, including grievances regarding proposed placements of such participants in such projects. (2) Deadline for grievances Except for a grievance that alleges fraud or criminal activity, a grievance shall be made not later than 1 year after the date of the alleged occurrence of the event that is the subject of the grievance. (3) Deadline for hearing and decision (A) Hearing A hearing on any grievance conducted under this subsection shall be conducted not later than 30 days after the filing of such grievance. (B) Decision A decision on any such grievance shall be made not later than 60 days after the filing of such grievance. (4) Arbitration (A) In general (i) Jointly selected arbitrator In the event of a decision on a grievance that is adverse to the party who filed such grievance, or 60 days after the filing of such grievance if no decision has been reached, such party shall be permitted to submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the interested parties. (ii) Appointed arbitrator If the parties cannot agree on an arbitrator, the Chief Executive Officer shall appoint an arbitrator from a list of qualified arbitrators within 15 days after receiving a request for such appointment from one of the parties to the grievance. |