
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-110 Section 1076(ff)]
[CITE: 42USC12511]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 129--NATIONAL AND COMMUNITY SERVICE
 
    SUBCHAPTER I--NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
 
                     Division A--General Provisions
 
Sec. 12511. Definitions

    For purposes of this subchapter:

                         (1) Adult volunteer

        The term ``adult volunteer'' means an individual, such as an 
    older adult, an individual with a disability, a parent, or an 
    employee of a business or public or private nonprofit organization, 
    who--
            (A) works without financial remuneration in an educational 
        institution to assist students or out-of-school youth; and
            (B) is beyond the age of compulsory school attendance in the 
        State in which the educational institution is located.

               (2) Approved national service position

        The term ``approved national service position'' means a national 
    service position for which the Corporation has approved the 
    provision of a national service educational award described in 
    section 12603 of this title as one of the benefits to be provided 
    for successful service in the position.

                            (3) Carry out

        The term ``carry out'', when used in connection with a national 
    service program described in section 12572 of this title, means the 
    planning, establishment, operation, expansion, or replication of the 
    program.

                     (4) Chief Executive Officer

        The term ``Chief Executive Officer'', except when used to refer 
    to the chief executive officer of a State, means the Chief Executive 
    Officer of the Corporation appointed under section 12651c of this 
    title.

                     (5) Community-based agency

        The term ``community-based agency'' means a private nonprofit 
    organization (including a church or other religious entity) that--
            (A) is representative of a community or a significant 
        segment of a community; and
            (B) is engaged in meeting human, educational, environmental, 
        or public safety community needs.

                           (6) Corporation

        The term ``Corporation'' means the Corporation for National and 
    Community Service established under section 12651 of this title.

                   (7) Economically disadvantaged

        The term ``economically disadvantaged'' means, with respect to 
    an individual, an individual who is determined by the Chief 
    Executive Officer to be low-income according to the latest available 
    data from the Department of Commerce.

                        (8) Elementary school

        The term ``elementary school'' has the same meaning given such 
    term in section 8801 of title 20.

                             (9) Indian

        The term ``Indian'' means a person who is a member of an Indian 
    tribe, or is a ``Native'', as defined in section 1602(b) of title 
    43.

                          (10) Indian lands

        The term ``Indian lands'' means any real property owned by an 
    Indian tribe, any real property held in trust by the United States 
    for an Indian or Indian tribe, and any real property held by an 
    Indian or Indian tribe that is subject to restrictions on alienation 
    imposed by the United States.

                          (11) Indian tribe

        The term ``Indian tribe'' means--
            (A) an Indian tribe, band, nation, or other organized group 
        or community, including--
                (i) any Native village, as defined in section 1602(c) of 
            title 43, whether organized traditionally or pursuant to the 
            Act of June 18, 1934 (commonly known as the ``Indian 
            Reorganization Act''; 48 Stat. 984, chapter 576; 25 U.S.C 
            461 et seq.); and
                (ii) any Regional Corporation or Village Corporation, as 
            defined in subsection (g) or (j), respectively, of section 
            1602 of title 43,

        that is recognized as eligible for the special programs and 
        services provided by the United States under Federal law to 
        Indians because of their status as Indians; and
            (B) any tribal organization controlled, sanctioned, or 
        chartered by an entity described in subparagraph (A).

                  (12) Individual with a disability

        Except as provided in section 12635(a) of this title, the term 
    ``individual with a disability'' has the meaning given the term in 
    section 705(20)(B) of title 29.

                (13) Institution of higher education

        The term ``institution of higher education'' has the same 
    meaning given such term in section 1001 of title 20.

                    (14) Local educational agency

        The term ``local educational agency'' has the same meaning given 
    such term in section 8801 of title 20.

                     (15) National service laws

        The term ``national service laws'' means this chapter and the 
    Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.).

                      (16) Out-of-school youth

        The term ``out-of-school youth'' means an individual who--
            (A) has not attained the age of 27;
            (B) has not completed college or the equivalent thereof; and
            (C) is not enrolled in an elementary or secondary school or 
        institution of higher education.

                          (17) Participant

        (A) In general

            The term ``participant'' means--
                (i) for purposes of division C of this subchapter, an 
            individual in an approved national service position; and
                (ii) for purposes of any other provision of this 
            chapter, an individual enrolled in a program that receives 
            assistance under this subchapter.

        (B) Rule

            A participant shall not be considered to be an employee of 
        the program in which the participant is enrolled.

                      (18) Partnership program

        The term ``partnership program'' means a program through which 
    an adult volunteer, a public or private nonprofit organization, an 
    institution of higher education, or a business assists a local 
    educational agency.

                            (19) Program

        The term ``program'', unless the context otherwise requires, and 
    except when used as part of the term ``academic program'', means a 
    program described in section 12521(a) of this title (other than a 
    program referred to in paragraph (3)(B) of such section), 12542(a), 
    12561(b)(1), or 12572(a) of this title, or in paragraph (1) or (2) 
    of section 12612(b) of this title, or an activity that could be 
    funded under section 12653, 12653c, or 12653d of this title.

                            (20) Project

        The term ``project'' means an activity, carried out through a 
    program that receives assistance under this subchapter, that results 
    in a specific identifiable service or improvement that otherwise 
    would not be done with existing funds, and that does not duplicate 
    the routine services or functions of the employer to whom 
    participants are assigned.

                        (21) School-age youth

        The term ``school-age youth'' means--
            (A) individuals between the ages of 5 and 17, inclusive; and
            (B) children with disabilities, as defined in section 
        602(a)(1) \1\ of the Individuals with Disabilities Education Act 
        (20 U.S.C. 1401(a)(1)), who receive services under part B of 
        such Act [20 U.S.C. 1411 et seq.].
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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                        (22) Secondary school

        The term ``secondary school'' has the same meaning given such 
    term in section 8801 of title 20.

                        (23) Service-learning

        The term ``service-learning'' means a method--
            (A) under which students or participants learn and develop 
        through active participation in thoughtfully organized service 
        that--
                (i) is conducted in and meets the needs of a community;
                (ii) is coordinated with an elementary school, secondary 
            school, institution of higher education, or community 
            service program, and with the community; and
                (iii) helps foster civic responsibility; and

            (B) that--
                (i) is integrated into and enhances the academic 
            curriculum of the students, or the educational components of 
            the community service program in which the participants are 
            enrolled; and
                (ii) provides structured time for the students or 
            participants to reflect on the service experience.

                  (24) Service-learning coordinator

        The term ``service-learning coordinator'' means an individual 
    who provides services as described in subsection (a)(3) or (b) of 
    section 12521 of this title.

                        (25) Service sponsor

        The term ``service sponsor'' means an organization, or other 
    entity, that has been selected to provide a placement for a 
    participant.

                             (26) State

        The term ``State'' means each of the several States, the 
    District of Columbia, the Commonwealth of Puerto Rico, the United 
    States Virgin Islands, Guam, American Samoa, and the Commonwealth of 
    the Northern Mariana Islands. The term also includes Palau, until 
    such time as the Compact of Free Association is ratified.

                        (27) State Commission

        The term ``State Commission'' means a State Commission on 
    National and Community Service maintained by a State pursuant to 
    section 12638 of this title. Except when used in section 12638 of 
    this title, the term includes an alternative administrative entity 
    for a State approved by the Corporation under such section to act in 
    lieu of a State Commission.

                    (28) State educational agency

        The term ``State educational agency'' has the same meaning given 
    such term in section 8801 of title 20.

                            (29) Student

        The term ``student'' means an individual who is enrolled in an 
    elementary or secondary school or institution of higher education on 
    a full- or part-time basis.

(Pub. L. 101-610, title I, Sec. 101, Nov. 16, 1990, 104 Stat. 3129; Pub. 
L. 102-10, Sec. 3, Mar. 12, 1991, 105 Stat. 29; Pub. L. 102-384, Sec. 3, 
Oct. 5, 1992, 106 Stat. 1455; Pub. L. 103-82, title I, Sec. 111(a), 
Sept. 21, 1993, 107 Stat. 857; Pub. L. 103-382, title III, 
Sec. 394(h)(1), Oct. 20, 1994, 108 Stat. 4028; Pub. L. 105-220, title 
IV, Sec. 414(g), Aug. 7, 1998, 112 Stat. 1242; Pub. L. 105-244, title I, 
Sec. 102(a)(13)(K), Oct. 7, 1998, 112 Stat. 1621.)

                       References in Text

    Act of June 18, 1934, referred to in par. (11)(A)(i), is act June 
18, 1934, ch. 576, 48 Stat. 984, as amended, popularly known as the 
Indian Reorganization Act, which is classified generally to subchapter V 
(Sec. 461 et seq.) of chapter 14 of Title 25, Indians. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 461 of Title 25 and Tables.
    This chapter, referred to in pars. (15) and (17)(A)(ii), was in the 
original ``this Act'', meaning Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 
3127, as amended, 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.
    The Domestic Volunteer Service Act of 1973, referred to in par. 
(15), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394, as amended, which 
is classified principally to chapter 66 (Sec. 4950 et seq.) of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 4950 of this title and Tables.
    The Individuals with Disabilities Education Act, referred to in par. 
(21)(B), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 175, as 
amended. Part B of the Act is classified generally to subchapter II 
(Sec. 1411 et seq.) of chapter 33 of Title 20, Education. Section 602 of 
the Act, which was classified to section 1401 of Title 20, was omitted 
in the general amendment of subchapter I of chapter 33 of Title 20 by 
Pub. L. 105-17, title I, Sec. 101, June 4, 1997, 111 Stat. 37. Pub. L. 
105-17 enacted a new section 602, which is classified to section 1401 of 
Title 20, and contains provisions defining ``child with a disability''. 
For complete classification of this Act to the Code, see section 1400 of 
Title 20 and Tables.
    For ratification of Compact of Free Association with Palau, referred 
to in par. (26), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set 
out as a note under section 1931 of Title 48, Territories and Insular 
Possessions.


                               Amendments

    1998--Par. (12). Pub. L. 105-220 substituted ``section 705(20)(B) of 
title 29'' for ``section 706(8)(B) of title 29''.
    Par. (13). Pub. L. 105-244 substituted ``section 1001'' for 
``section 1141(a)''.
    1994--Par. (8). Pub. L. 103-382, Sec. 394(h)(1)(A), substituted 
``section 8801 of title 20'' for ``section 2891(8) of title 20''.
    Par. (14). Pub. L. 103-382, Sec. 394(h)(1)(B), substituted ``section 
8801 of title 20'' for ``section 2891(12) of title 20''.
    Par. (22). Pub. L. 103-382, Sec. 394(h)(1)(C), substituted ``section 
8801 of title 20'' for ``section 2891(21) of title 20''.
    Par. (28). Pub. L. 103-382, Sec. 394(h)(1)(D), substituted ``section 
8801 of title 20'' for ``section 2891(23) of title 20''.
    1993--Pub. L. 103-82 amended section generally, substituting 
provisions consisting of 29 definitions of terms used in this subchapter 
for former provisions consisting of 30 definitions.
    1992--Par. (29). Pub. L. 102-384, Sec. 3(1), added par. (29) and 
struck out former par. (29) which read as follows: ``The term `summer 
program' means a youth corps program authorized under this subchapter 
that is limited to the months of June, July, and August.''
    Par. (30). Pub. L. 102-384, Sec. 3(2), substituted ``living 
allowances'' for ``stipends''.
    1991--Par. (7). Pub. L. 102-10, Sec. 3(1), added par. (7). Former 
par. (7) redesignated (8).
    Par. (8). Pub. L. 102-10, Sec. 3(2), (3), redesignated par. (7) as 
(8) and inserted ``an Indian or'' before ``Indian tribes'' in two 
places. Former par. (8) redesignated (9).
    Pars. (9) to (13). Pub. L. 102-10, Sec. 3(2), redesignated pars. (8) 
to (12) as (9) to (13), respectively. Former par. (13) redesignated 
(14).
    Par. (14). Pub. L. 102-10, Sec. 3(2), (4), redesignated par. (13) as 
(14) and inserted at end ``Participants shall not be considered 
employees of the program.'' Former par. (14) redesignated (15).
    Pars. (15) to (22). Pub. L. 102-10, Sec. 3(2), redesignated pars. 
(14) to (21) as (15) to (22), respectively. Former par. (22) 
redesignated (23).
    Par. (23). Pub. L. 102-10, Sec. 3(5), which directed the 
substitution of ``participants'' for ``students or out of school 
youth'', was executed by making the substitution for ``students or out-
of-school youth'' to reflect the probable intent of Congress.
    Pub. L. 102-10, Sec. 3(2), redesignated par. (22) as (23). Former 
par. (23) redesignated (24).
    Par. (24). Pub. L. 102-10, Sec. 3(2), (6), redesignated par. (23) as 
(24) and in heading and text substituted ``participant'' for ``member''. 
Former par. (24) redesignated (25).
    Pars. (25) to (29). Pub. L. 102-10, Sec. 3(2), redesignated pars. 
(24) to (28) as (25) to (29), respectively. Former par. (29) 
redesignated (30).
    Par. (30). Pub. L. 102-10, Sec. 3(2), (7), redesignated par. (29) as 
(30) and inserted ``corps'' after ``youth service''.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as 
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244, 
set out as a note under section 1001 of Title 20, Education.


                    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 2751, 12524, 12531, 12561, 
12604, 12653b, 12682 of this title; title 20 section 1003.
