
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: 42USC12585]

 
                 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. 12585. Consideration of applications


(a) Corporation consideration of certain criteria

    The Corporation shall apply the criteria described in subsections 
(c) and (d) of this section in determining whether--
        (1) to approve an application submitted under section 12582 of 
    this title and provide assistance under section 12571 of this title 
    to the applicant; and
        (2) to approve service positions described in the application as 
    national service positions that include the national service 
    educational award described in division D of this subchapter and 
    provide such approved national service positions to the applicant.

(b) Application to subgrants

                           (1) In general

        A State or other entity that uses assistance provided under 
    section 12571(a) of this title to support national service programs 
    selected on a competitive basis to receive a share of the assistance 
    shall use the criteria described in subsections (c) and (d) of this 
    section when considering an application submitted by a national 
    service program to receive a portion of such assistance or an 
    approved national service position.

                            (2) Contents

        The application of the State or other entity under section 12582 
    of this title shall contain--
            (A) a certification that the State or other entity used 
        these criteria in the selection of national service programs to 
        receive assistance;
            (B) a description of the jobs or positions into which 
        participants will be placed using such assistance, including 
        descriptions of specific tasks to be performed by such 
        participants; and
            (C) a description of the minimum qualifications that 
        individuals shall meet to become participants in such programs.

(c) Assistance criteria

    The criteria required to be applied in evaluating applications 
submitted under section 12582 of this title are as follows:
        (1) The quality of the national service program proposed to be 
    carried out directly by the applicant or supported by a grant from 
    the applicant.
        (2) The innovative aspects of the national service program, and 
    the feasibility of replicating the program.
        (3) The sustainability of the national service program, based on 
    evidence such as the existence--
            (A) of strong and broad-based community support for the 
        program; and
            (B) of multiple funding sources or private funding for the 
        program.

        (4) The quality of the leadership of the national service 
    program, the past performance of the program, and the extent to 
    which the program builds on existing programs.
        (5) The extent to which participants of the national service 
    program are recruited from among residents of the communities in 
    which projects are to be conducted, and the extent to which 
    participants and community residents are involved in the design, 
    leadership, and operation of the program.
        (6) The extent to which projects would be conducted in the 
    following areas where they are needed most:
            (A) Communities designated as empowerment zones or 
        redevelopment areas, targeted for special economic incentives, 
        or otherwise identifiable as having high concentrations of low-
        income people.
            (B) Areas that are environmentally distressed.
            (C) Areas adversely affected by Federal actions related to 
        the management of Federal lands that result in significant 
        regional job losses and economic dislocation.
            (D) Areas adversely affected by reductions in defense 
        spending or the closure or realignment of military 
        installations.
            (E) Areas that have an unemployment rate greater than the 
        national average unemployment for the most recent 12 months for 
        which satisfactory data are available.

        (7) In the case of applicants other than States, the extent to 
    which the application is consistent with the application under 
    section 12582 of this title of the State in which the projects would 
    be conducted.
        (8) Such other criteria as the Corporation considers to be 
    appropriate.

(d) Other considerations

                      (1) Geographic diversity

        The Corporation shall ensure that recipients of assistance 
    provided under section 12571 of this title are geographically 
    diverse and include projects to be conducted in those urban and 
    rural areas in a State with the highest rates of poverty.

                           (2) Priorities

        The Corporation may designate, under such criteria as may be 
    established by the Corporation, certain national service programs or 
    types of national service programs described in section 12572(a) of 
    this title for priority consideration in the competitive 
    distribution of funds under section 12581(d)(2) of this title. In 
    designating national service programs to receive priority, the 
    Corporation may include--
            (A) national service programs carried out by another Federal 
        agency;
            (B) national service programs that conform to the national 
        service priorities in effect under section 12572(c) of this 
        title;
            (C) innovative national service programs;
            (D) national service programs that are well established in 
        one or more States at the time of the application and are 
        proposed to be expanded to additional States using assistance 
        provided under section 12571 of this title;
            (E) grant programs in support of other national service 
        programs if the grant programs are to be conducted by nonprofit 
        organizations with a demonstrated and extensive expertise in the 
        provision of services to meet human, educational, environmental, 
        or public safety needs;
            (F) professional corps programs described in section 
        12572(a)(8) of this title; and
            (G) programs that--
                (i) received funding under part D of this subchapter, as 
            in effect on the day before September 21, 1993;
                (ii) the Corporation determines to meet the requirements 
            of sections 12572 (other than subsection (g)), 12573, and 
            12578 through 12580 of this title, as in effect on such day, 
            in addition to the requirements of this division; and
                (iii) include an evaluation component.

                       (3) Additional priority

        In making a competitive distribution of funds under section 
    12581(d)(2) of this title, the Corporation may give priority 
    consideration to a national service program that is--
            (A) proposed in an application submitted by a State 
        Commission; and
            (B) not one of the types of programs described in paragraph 
        (2),

    if the State Commission provides an adequate explanation of the 
    reasons why it should not be a priority of such State to carry out 
    any of such types of programs in the State.

                          (4) Review panel

        The Corporation shall--
            (A) establish panels of experts for the purpose of securing 
        recommendations on applications submitted under section 12582 of 
        this title for more than $250,000 in assistance, or for national 
        service positions that would require more than $250,000 in 
        national service educational awards; and
            (B) consider the opinions of such panels prior to making 
        such determinations.

(e) Emphasis on areas most in need

    In making assistance available under section 12571 of this title and 
in providing approved national service positions under section 12573 of 
this title, the Corporation shall ensure that not less than 50 percent 
of the total amount of assistance to be distributed to States under 
subsections (a) and (d)(1) of section 12581 of this title for a fiscal 
year is provided to carry out or support national service programs and 
projects that--
        (1) are conducted in any of the areas described in subsection 
    (c)(6) of this section or on Federal or other public lands, to 
    address unmet human, educational, environmental, or public safety 
    needs in such areas or on such lands; and
        (2) place a priority on the recruitment of participants who are 
    residents of any of such areas or Federal or other public lands.

(f) Rejection of State applications

                (1) Notification of State applicants

        If the Corporation rejects an application submitted by a State 
    Commission under section 12582 of this title for funds described in 
    section 12581(a)(1) of this title, the Corporation shall promptly 
    notify the State Commission of the reasons for the rejection of the 
    application.

                (2) Resubmission and reconsideration

        The Corporation shall provide a State Commission notified under 
    paragraph (1) with a reasonable opportunity to revise and resubmit 
    the application. At the request of the State Commission, the 
    Corporation shall provide technical assistance to the State 
    Commission as part of the resubmission process. The Corporation 
    shall promptly reconsider an application resubmitted under this 
    paragraph.

                           (3) Reallotment

        The amount of any State's allotment under section 12581(a) of 
    this title for a fiscal year that the Corporation determines will 
    not be provided for that fiscal year shall be available for 
    distribution by the Corporation as provided in paragraph (3) of such 
    subsection.

(Pub. L. 101-610, title I, Sec. 133, as added Pub. L. 103-82, title I, 
Sec. 101(b), Sept. 21, 1993, 107 Stat. 805.)

                       References in Text

    Part D of this subchapter and sections 12572, 12573, and 12578 
through 12580 of this title, as in effect on the day before September 
21, 1993, referred to in subsec. (d)(2)(G), mean former part D of this 
subchapter and former sections 12572, 12573, and 12578 to 12580 of this 
title 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, title I, 
Sec. 102(a), Sept. 21, 1993, 107 Stat. 816.


                            Prior Provisions

    A prior section 133 of Pub. L. 101-610 was renumbered section 199K 
and is classified to section 12655l of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 12545, 12572, 12581, 12582, 
12639, 12651d of this title.
