
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12582]

 
                 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 II--Application and Approval Process
 
Sec. 12582. Application for assistance and approved national 
        service positions
        

(a) Time, manner, and content of application

    To be eligible to receive assistance under section 12571 of this 
title or approved national service positions for participants who serve 
in the national service programs to be carried out using the assistance, 
a State, subdivision of a State, Indian tribe, public or private 
nonprofit organization, institution of higher education, or Federal 
agency shall prepare and submit to the Corporation an application at 
such time, in such manner, and containing such information as the 
Corporation may reasonably require.

(b) Types of permissible application information

    In order to have adequate information upon which to consider an 
application under section 12585 of this title, the Corporation may 
require the following information to be provided in an application 
submitted under subsection (a) of this section:
        (1) A description of the national service programs proposed to 
    be carried out directly by the applicant using assistance provided 
    under section 12571 of this title.
        (2) A description of the national service programs that are 
    selected by the applicant to receive a grant using assistance 
    requested under section 12571 of this title and a description of the 
    process and criteria by which the programs were selected.
        (3) A description of other funding sources to be used, or sought 
    to be used, for the national service programs referred to in 
    paragraphs (1) and (2), and, if the application is submitted for the 
    purpose of seeking a renewal of assistance, a description of the 
    success of the programs in reducing their reliance on Federal funds.
        (4) A description of the extent to which the projects to be 
    conducted using the assistance will address unmet human, 
    educational, environmental, or public safety needs and produce a 
    direct benefit for the community in which the projects are 
    performed.
        (5) A description of the plan to be used to recruit 
    participants, including youth who are individuals with disabilities 
    and economically disadvantaged young men and women, for the national 
    service programs referred to in paragraphs (1) and (2).
        (6) A description of the manner in which the national service 
    programs referred to in paragraphs (1) and (2) build on existing 
    programs, including Federal programs.
        (7) A description of the manner in which the national service 
    programs referred to in paragraphs (1) and (2) will involve 
    participants--
            (A) in projects that build an ethic of civic responsibility 
        and produce a positive change in the lives of participants 
        through training and participation in meaningful service 
        experiences and opportunities for reflection on such 
        experiences; and
            (B) in leadership positions in implementing and evaluating 
        the program.

        (8) Measurable goals for the national service programs referred 
    to in paragraphs (1) and (2), and a strategy to achieve such goals, 
    in terms of--
            (A) the impact to be made in meeting unmet human, 
        educational, environmental, or public safety needs; and
            (B) the service experience to be provided to participants in 
        the programs.

        (9) A description of the manner and extent to which the national 
    service programs referred to in paragraphs (1) and (2) conform to 
    the national service priorities established by the Corporation under 
    section 12572(c) of this title.
        (10) A description of the past experience of the applicant in 
    operating a comparable program or in conducting a grant program in 
    support of other comparable service programs.
        (11) A description of the type and number of proposed service 
    positions in which participants will receive the national service 
    educational award described in division D of this subchapter and a 
    description of the manner in which approved national service 
    positions will be apportioned by the applicant.
        (12) A description of the manner and extent to which 
    participants, representatives of the community served, community-
    based agencies with a demonstrated record of experience in providing 
    services, and labor organizations contributed to the development of 
    the national service programs referred to in paragraphs (1) and (2), 
    including the identity of the individual representing each 
    appropriate labor organization (if any) who was consulted and the 
    nature of the consultation.
        (13) Such other information as the Corporation may reasonably 
    require.

(c) Required application information

    An application submitted under subsection (a) of this section shall 
contain the following information:
        (1) A description of the jobs or positions into which 
    participants will be placed using the assistance provided under 
    section 12571 of this title, including descriptions of specific 
    tasks to be performed by such participants.
        (2) A description of the minimum qualifications that individuals 
    shall meet to become participants in such programs.

(d) Application to receive only approved national service positions

                   (1) Applicability of subsection

        This subsection shall apply in the case of an application in 
    which--
            (A) the applicant is not seeking assistance under subsection 
        (a) or (b) of section 12571 of this title, but requests national 
        service educational awards for individuals serving in service 
        positions described in section 12573 of this title; or
            (B) the applicant requests national service educational 
        awards for service positions described in section 12573 of this 
        title, but the positions are not positions in a national service 
        program described in section 12572(a) of this title for which 
        assistance may be provided under subsection (a) or (b) of 
        section 12571 of this title.

                (2) Special application requirements

        For the applications described in paragraph (1), the Corporation 
    shall establish special application requirements in order to 
    determine--
            (A) whether the service positions meet unmet human, 
        educational, environmental, or public safety needs and meet the 
        criteria for assistance under this division; and
            (B) whether the Corporation should approve the positions as 
        approved national service positions.

(e) Special rule for State applicants

                 (1) Submission by State Commission

        The application of a State for approved national service 
    positions or for a grant under section 12571(a) of this title shall 
    be submitted by the State Commission.

                      (2) Competitive selection

        The application of a State shall contain an assurance that all 
    assistance provided under section 12571(a) of this title to the 
    State will be used to support national service programs that were 
    selected by the State on a competitive basis. In making such 
    competitive selections, the State shall seek to ensure the equitable 
    allocation within the State of assistance and approved national 
    service positions provided under this division to the State taking 
    into consideration such factors as the location of the programs 
    applying to the State, population density, and economic distress.

                (3) Assistance to non-State entities

        The application of a State shall also contain an assurance that 
    not less than 60 percent of the assistance will be used to make 
    grants in support of national service programs other than national 
    service programs carried out by a State agency. The Corporation may 
    permit a State to deviate from the percentage specified by this 
    subsection if the State has not received a sufficient number of 
    acceptable applications to comply with the percentage.

(f) Special rule for certain applicants

                       (1) Written concurrence

        In the case of a program applicant that proposes to also serve 
    as the service sponsor, the application shall include the written 
    concurrence of any local labor organization representing employees 
    of the service sponsor who are engaged in the same or substantially 
    similar work as that proposed to be carried out.

                  (2) ``Program applicant'' defined

        For purposes of this subsection, the term ``program applicant'' 
    means--
            (A) a State, subdivision of a State, Indian tribe, public or 
        private nonprofit organization, institution of higher education, 
        or Federal agency submitting an application under this section; 
        or
            (B) an entity applying for assistance or approved national 
        service positions through a grant program conducted using 
        assistance provided to a State, subdivision of a State, Indian 
        tribe, public or private nonprofit organization, institution of 
        higher education, or Federal agency under section 12571 of this 
        title.

(g) Limitation on same project in multiple applications

    The Corporation shall reject an application submitted under this 
section if a project proposed to be conducted using assistance requested 
by the applicant is already described in another application pending 
before the Corporation.

(Pub. L. 101-610, title I, Sec. 130, as added Pub. L. 103-82, title I, 
Sec. 101(b), Sept. 21, 1993, 107 Stat. 800.)


                            Prior Provisions

    A prior section 130 of Pub. L. 101-610 was renumbered section 199I 
and is classified to section 12655i of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 12572, 12574, 12581, 12583, 
12584, 12585, 12638 of this title.
