
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12572]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 129--NATIONAL AND COMMUNITY SERVICE
 
    SUBCHAPTER I--NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
 
               Division C--National Service Trust Program
 
                 Part I--Investment in National Service
 
Sec. 12572. Types of national service programs eligible for 
        program assistance
        

(a) Eligible national service programs

    The recipient of a grant under section 12571(a) of this title and 
each Federal agency receiving assistance under section 12571(b) of this 
title shall use the assistance, directly or through subgrants to other 
entities, to carry out full- or part-time national service programs, 
including summer programs, that address unmet human, educational, 
environmental, or public safety needs. Subject to subsection (b)(1) of 
this section, these national service programs may include the following 
types of national service programs:
        (1) A community corps program that meets unmet human, 
    educational, environmental, or public safety needs and promotes 
    greater community unity through the use of organized teams of 
    participants of varied social and economic backgrounds, skill 
    levels, physical and developmental capabilities, ages, ethnic 
    backgrounds, or genders.
        (2) A full-time, year-round youth corps program or full-time 
    summer youth corps program, such as a conservation corps or youth 
    service corps (including youth corps programs under division I of 
    this subchapter, the Public Lands Corps established under the Public 
    Lands Corps Act of 1993 [16 U.S.C. 1721 et seq.], the Urban Youth 
    Corps established under section 12656 of this title, and other 
    conservation corps or youth service corps that performs service on 
    Federal or other public lands or on Indian lands or Hawaiian home 
    lands), that--
            (A) undertakes meaningful service projects with visible 
        public benefits, including natural resource, urban renovation, 
        or human services projects;
            (B) includes as participants youths and young adults between 
        the ages of 16 and 25, inclusive, including out-of-school youths 
        and other disadvantaged youths (such as youths with limited 
        basic skills, youths in foster care who are becoming too old for 
        foster care, youths of limited-English proficiency, homeless 
        youths, and youths who are individuals with disabilities) who 
        are between those ages; and
            (C) provides those participants who are youths and young 
        adults with--
                (i) crew-based, highly structured, and adult-supervised 
            work experience, life skills, education, career guidance and 
            counseling, employment training, and support services; and
                (ii) the opportunity to develop citizenship values and 
            skills through service to their community and the United 
            States.

        (3) A program that provides specialized training to individuals 
    in service-learning and places the individuals after such training 
    in positions, including positions as service-learning coordinators, 
    to facilitate service-learning in programs eligible for funding 
    under part I of division B of this subchapter.
        (4) A service program that is targeted at specific unmet human, 
    educational, environmental, or public safety needs and that--
            (A) recruits individuals with special skills or provides 
        specialized preservice training to enable participants to be 
        placed individually or in teams in positions in which the 
        participants can meet such unmet needs; and
            (B) if consistent with the purposes of the program, brings 
        participants together for additional training and other 
        activities designed to foster civic responsibility, increase the 
        skills of participants, and improve the quality of the service 
        provided.

        (5) An individualized placement program that includes regular 
    group activities, such as leadership training and special service 
    projects.
        (6) A campus-based program that is designed to provide 
    substantial service in a community during the school term and during 
    summer or other vacation periods through the use of--
            (A) students who are attending an institution of higher 
        education, including students participating in a work-study 
        program assisted under part C of title IV of the Higher 
        Education Act of 1965 (42 U.S.C. 2751 et seq.);
            (B) teams composed of such students; or
            (C) teams composed of a combination of such students and 
        community residents.

        (7) A preprofessional training program in which students 
    enrolled in an institution of higher education--
            (A) receive training in specified fields, which may include 
        classes containing service-learning;
            (B) perform service related to such training outside the 
        classroom during the school term and during summer or other 
        vacation periods; and
            (C) agree to provide service upon graduation to meet unmet 
        human, educational, environmental, or public safety needs 
        related to such training.

        (8) A professional corps program that recruits and places 
    qualified participants in positions--
            (A) as teachers, nurses and other health care providers, 
        police officers, early childhood development staff, engineers, 
        or other professionals providing service to meet educational, 
        human, environmental, or public safety needs in communities with 
        an inadequate number of such professionals;
            (B) that may include a salary in excess of the maximum 
        living allowance authorized in subsection (a)(3) of section 
        12594 of this title, as provided in subsection (c) of such 
        section; and
            (C) that are sponsored by public or private nonprofit 
        employers who agree to pay 100 percent of the salaries and 
        benefits (other than any national service educational award 
        under division D of this subchapter) of the participants.

        (9) A program in which economically disadvantaged individuals 
    who are between the ages of 16 and 24 years of age, inclusive, are 
    provided with opportunities to perform service that, while enabling 
    such individuals to obtain the education and employment skills 
    necessary to achieve economic self-sufficiency, will help their 
    communities meet--
            (A) the housing needs of low-income families and the 
        homeless; and
            (B) the need for community facilities in low-income areas.

        (10) A national service entrepreneur program that identifies, 
    recruits, and trains gifted young adults of all backgrounds and 
    assists them in designing solutions to community problems.
        (11) An intergenerational program that combines students, out-
    of-school youths, and older adults as participants to provide needed 
    community services, including an intergenerational component for 
    other national service programs described in this subsection.
        (12) A program that is administered by a combination of 
    nonprofit organizations located in a low-income area, provides a 
    broad range of services to residents of such area, is governed by a 
    board composed in significant part of low-income individuals, and is 
    intended to provide opportunities for individuals or teams of 
    individuals to engage in community projects in such area that meet 
    unaddressed community and individual needs, including projects that 
    would--
            (A) meet the needs of low-income children and youth aged 18 
        and younger, such as providing after-school ``safe-places'', 
        including schools, with opportunities for learning and 
        recreation; or
            (B) be directed to other important unaddressed needs in such 
        area.

        (13) A community service program designed to meet the needs of 
    rural communities, using teams or individual placements to address 
    the development needs of rural communities and to combat rural 
    poverty, including health care, education, and job training.
        (14) A program that seeks to eliminate hunger in communities and 
    rural areas through service in projects--
            (A) involving food banks, food pantries, and nonprofit 
        organizations that provide food during emergencies;
            (B) involving the gleaning of prepared and unprepared food 
        that would otherwise be discarded as unusable so that the usable 
        portion of such food may be donated to food banks, food 
        pantries, and other nonprofit organizations;
            (C) seeking to address the long-term causes of hunger 
        through education and the delivery of appropriate services; or
            (D) providing training in basic health, nutrition, and life 
        skills necessary to alleviate hunger in communities and rural 
        areas.

        (15) Such other national service programs addressing unmet 
    human, educational, environmental, or public safety needs as the 
    Corporation may designate.

(b) Qualification criteria to determine eligibility

                  (1) Establishment by Corporation

        The Corporation shall establish qualification criteria for 
    different types of national service programs for the purpose of 
    determining whether a particular national service program should be 
    considered to be a national service program eligible to receive 
    assistance or approved national service positions under this 
    division.

                          (2) Consultation

        In establishing qualification criteria under paragraph (1), the 
    Corporation shall consult with organizations and individuals with 
    extensive experience in developing and administering effective 
    national service programs or regarding the delivery of human, 
    educational, environmental, or public safety services to communities 
    or persons.

                    (3) Application to subgrants

        The qualification criteria established by the Corporation under 
    paragraph (1) shall also be used by each recipient of assistance 
    under section 12571(a) of this title that uses any portion of the 
    assistance to conduct a grant program to support other national 
    service programs.

        (4) Encouragement of intergenerational components of 
                                  programs

        The Corporation shall encourage national service programs 
    eligible to receive assistance or approved national service 
    positions under this division to establish, if consistent with the 
    purposes of the program, an intergenerational component of the 
    program that combines students, out-of-school youths, and older 
    adults as participants to provide services to address unmet human, 
    educational, environmental, or public safety needs.

(c) National service priorities

                          (1) Establishment

        (A) By Corporation

            In order to concentrate national efforts on meeting certain 
        unmet human, educational, environmental, or public safety needs 
        and to achieve the other purposes of this chapter, the 
        Corporation shall establish, and after reviewing the strategic 
        plan approved under section 12651b(g)(1) of this title, 
        periodically alter priorities as appropriate regarding the types 
        of national service programs to be assisted under subsection (b) 
        or (d) of section 12581 of this title and the purposes for which 
        such assistance may be used.

        (B) By States

            Consistent with paragraph (4), States shall establish, and 
        through the national service plan process described in section 
        12638(e)(1) of this title, periodically alter priorities as 
        appropriate regarding the national service programs to be 
        assisted under section 12581(a)(1) of this title. The State 
        priorities shall be subject to Corporation review as part of the 
        application process under section 12582 of this title.

                      (2) Notice to applicants

        The Corporation shall provide advance notice to potential 
    applicants of any national service priorities to be in effect under 
    this subsection for a fiscal year. The notice shall specifically 
    include--
            (A) a description of any alteration made in the priorities 
        since the previous notice; and
            (B) a description of the national service programs that are 
        designated by the Corporation under section 12585(d)(2) of this 
        title as eligible for priority consideration in the next 
        competitive distribution of assistance under section 12571(a) of 
        this title.

                           (3) Regulations

        The Corporation shall by regulation establish procedures to 
    ensure the equitable treatment of national service programs that--
            (A) receive funding under this division for multiple years; 
        and
            (B) would be adversely affected by annual revisions in such 
        national service priorities.

                    (4) Application to subgrants

        Any national service priorities established by the Corporation 
    under this subsection shall also be used by each recipient of funds 
    under section 12571(a) of this title that uses any portion of the 
    assistance to conduct a grant program to support other national 
    service programs.

(Pub. L. 101-610, title I, Sec. 122, as added Pub. L. 103-82, title I, 
Sec. 101(b), Sept. 21, 1993, 107 Stat. 790.)

                       References in Text

    The Public Lands Corps Act of 1993, referred to in subsec. (a)(2), 
is title II of Pub. L. 91-378, as added Pub. L. 103-82, title I, 
Sec. 105(6), Sept. 21, 1993, 107 Stat. 848, which is classified 
generally to subchapter II (Sec. 1721 et seq.) of chapter 37 of Title 
16, Conservation. For complete classification of this Act to the Code, 
see Short Title note set out under section 1701 of Title 16 and Tables.
    The Higher Education Act of 1965, referred to in subsec. (a)(6)(A), 
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 (Sec. 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.
    This chapter, referred to in subsec. (c)(1), 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.


                            Prior Provisions

    A prior section 12572, Pub. L. 101-610, title I, Sec. 142, Nov. 16, 
1990, 104 Stat. 3150, related to criteria and requirements for awarding 
grants for national and community service programs, prior to the general 
amendment of subtitle D of title I of Pub. L. 101-610 [former part D of 
this subchapter] by Pub. L. 103-82, Sec. 102(a).
    A prior section 122 of Pub. L. 101-610 was renumbered section 199B, 
and is classified to section 12655a of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 12511, 12571, 12573, 12576, 
12582, 12585, 12591, 12594, 12602, 12638, 12651d of this title.
