
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: 42USC12639]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 129--NATIONAL AND COMMUNITY SERVICE
 
    SUBCHAPTER I--NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
 
                  Division F--Administrative Provisions
 
Sec. 12639. Evaluation


(a) In general

    The Corporation shall provide, through grants or contracts, for the 
continuing evaluation of programs that receive assistance under the 
national service laws, including evaluations that measure the impact of 
such programs, to determine--
        (1) the effectiveness of various program models in achieving 
    stated goals and the costs associated with such;
        (2) with respect to the programs authorized under division C of 
    this subchapter, the impact of such programs, in each State in which 
    a program is conducted, on the ability of--
            (A) the VISTA and National Senior Volunteer Corps programs 
        (established under the Domestic Volunteer Services \1\ Act of 
        1973 (42 U.S.C. 4950 et seq.));
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    \1\ So in original. Probably should be ``Service''.
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            (B) each regular component of the Armed Forces (as defined 
        in section 101(a)(4) of title 10);
            (C) each of the reserve components of the Armed Forces (as 
        described in section 10101 of title 10); and
            (D) the Peace Corps (as established by the Peace Corps Act 
        (22 U.S.C. 2501 et seq.));

    to recruit individuals residing in such State to serve in such 
    program; and
        (3) the structure and mechanisms for delivery of services for 
    such programs.

(b) Comparisons

    The Corporation shall provide for inclusion in the evaluations 
required under subsection (a) of this section, where appropriate, 
comparisons of participants in such programs with individuals who have 
not participated in such programs.

(c) Conducting evaluations

    Evaluations of programs under subsection (a) of this section shall 
be conducted by individuals who are not directly involved in the 
administration of such program.

(d) Standards

    The Corporation shall develop and publish general standards for the 
evaluation of program effectiveness in achieving the objectives of the 
national service laws.

(e) Community participation

    In evaluating a program receiving assistance under the national 
service laws, the Corporation shall consider the opinions of 
participants and members of the communities where services are delivered 
concerning the strengths and weaknesses of such program.

(f) Comparison of program models

    The Corporation shall evaluate and compare the effectiveness of 
different program models in meeting the program objectives described in 
subsection (g) of this section including full- and part-time programs, 
programs involving different types of national service, programs using 
different recruitment methods, programs offering alternative voucher or 
post-service benefit options, and programs utilizing individual 
placements and teams.

(g) Program objectives

    The Corporation shall ensure that programs that receive assistance 
under division C of this subchapter are evaluated to determine their 
effectiveness in--
        (1) recruiting and enrolling diverse participants in such 
    programs, consistent with the requirements of section 12575 \2\ of 
    this title, based on economic background, race, ethnicity, age, 
    marital status, education levels, and disability;
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    \2\ See References in Text note below.
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        (2) promoting the educational achievement of each participant in 
    such programs, based on earning a high school diploma or the 
    equivalent of such diploma and the future enrollment and completion 
    of increasingly higher levels of education;
        (3) encouraging each participant to engage in public and 
    community service after completion of the program based on career 
    choices and service in other service programs such as the Volunteers 
    in Service to America Program and National Senior Volunteer Corps 
    programs established under the Domestic Volunteer Service Act of 
    1973 (42 U.S.C. 4950 et seq.), the Peace Corps (as established by 
    the Peace Corps Act (22 U.S.C. 2501 et seq.)), the military, and 
    part-time volunteer service;
        (4) promoting of positive attitudes among each participant 
    regarding the role of such participant in solving community problems 
    based on the view of such participant regarding the personal 
    capacity of such participant to improve the lives of others, the 
    responsibilities of such participant as a citizen and community 
    member, and other factors;
        (5) enabling each participant to finance a lesser portion of the 
    higher education of such participant through student loans;
        (6) providing services and projects that benefit the community;
        (7) supplying additional volunteer assistance to community 
    agencies without overloading such agencies with more volunteers than 
    can effectively be utilized;
        (8) providing services and activities that could not otherwise 
    be performed by employed workers and that will not supplant the 
    hiring of, or result in the displacement of, employed workers or 
    impair the existing contracts of such workers; and
        (9) attracting a greater number of citizens to public service, 
    including service in the active and reserve components of the Armed 
    Forces, the National Guard, the Peace Corps (as established by the 
    Peace Corps Act (22 U.S.C. 2501 et seq.)), and the VISTA and 
    National Senior Volunteer Corps programs established under the 
    Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.).

(h) Obtaining information

                           (1) In general

        In conducting the evaluations required under this section, the 
    Corporation may require each program participant and State or local 
    applicant to provide such information as may be necessary to carry 
    out the requirements of this section.

                         (2) Confidentiality

        (A) In general

            The Corporation shall maintain the confidentiality of 
        information acquired under this subsection regarding individual 
        participants.

        (B) Disclosure

            (i) Consent

                The content of any information described in subparagraph 
            (A) may be disclosed with the prior written consent of the 
            individual participant with respect to whom the information 
            is maintained.
            (ii) Aggregate information

                The Corporation may disclose information about the 
            aggregate characteristics of such participants.

(i) Independent evaluation and report of demographics of national 
        service participants and communities

                     (1) Independent evaluation

        (A) In general

            The Corporation shall, on an annual basis, arrange for an 
        independent evaluation of the programs assisted under division C 
        of this subchapter.

        (B) Participants

            (i) In general

                The entity conducting such evaluation shall determine 
            the demographic characteristics of the participants in such 
            programs.
            (ii) Characteristics

                The entity shall determine, for the year covered by the 
            evaluation, the total number of participants in the 
            programs, and the number of participants within the programs 
            in each State, by sex, age, economic background, education 
            level, ethnic group, disability classification, and 
            geographic region.
            (iii) Categories

                The Corporation shall determine appropriate categories 
            for analysis of each of the characteristics referred to in 
            clause (ii) for purposes of such an evaluation.

        (C) Communities

            In conducting the evaluation, the entity shall determine the 
        amount of assistance provided under section 12571 of this title 
        during the year that has been expended for projects conducted 
        under the programs in areas described in section 12585(c)(6) of 
        this title.

                             (2) Report

        The entity conducting the evaluation shall submit a report to 
    the President, Congress, the Corporation, and each State Commission 
    containing the results of the evaluation--
            (A) with respect to the evaluation covering the year 
        beginning on September 21, 1993, not later than 18 months after 
        September 21, 1993; and
            (B) with respect to the evaluation covering each subsequent 
        year, not later than 18 months after the first day of each such 
        year.

(Pub. L. 101-610, title I, Sec. 179, Nov. 16, 1990, 104 Stat. 3164; Pub. 
L. 102-384, Secs. 4, 9, Oct. 5, 1992, 106 Stat. 1455, 1456; Pub. L. 103-
82, title I, Sec. 118, title II, Sec. 203(a)(1)(A), title IV, 
Sec. 402(b)(1), Sept. 21, 1993, 107 Stat. 865, 891, 918; Pub. L. 103-
160, div. A, title XI, Sec. 1182(d)(4), Nov. 30, 1993, 107 Stat. 1773; 
Pub. L. 104-106, div. A, title XV, Sec. 1501(e)(5), Feb. 10, 1996, 110 
Stat. 501.)

                       References in Text

    The Peace Corps Act, referred to in subsecs. (a)(2)(D) and (g)(3), 
(9), is Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which 
is classified principally to chapter 34 (Sec. 2501 et seq.) of Title 22, 
Foreign Relations and Intercourse. For complete classification of that 
Act to the Code, see Short Title note set out under section 2501 of 
Title 22 and Tables.
    Section 12575 of this title, referred to in subsec. (g)(1), was in 
the original a reference to section 145 of Pub. L. 101-610. Section 145 
of Pub. L. 101-610 was omitted in 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. Pub. L. 
103-82 enacted a new section 125 of Pub. L. 101-610, relating to 
training and technical assistance, and a new section 145, relating to 
establishment of the National Service Trust, which are classified to 
sections 12575 and sections 12601, respectively, of this title. 
Provisions relating to the eligibility of individuals for participation 
in national service programs are now contained in section 12591 et seq. 
of this title.
    The Domestic Volunteer Service Act of 1973, referred to in subsec. 
(g)(3), (9), 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.


                               Amendments

    1996--Subsec. (a)(2)(C). Pub. L. 104-106 substituted ``section 10101 
of title 10'' for ``section 216(a) of title 5''.
    1993--Subsec. (a). Pub. L. 103-82, Sec. 402(b)(1), substituted 
``Corporation'' for ``Commission'' in introductory provisions.
    Pub. L. 103-82, Sec. 203(a)(1)(A), substituted ``the national 
service laws'' for ``this subchapter'' in introductory provisions.
    Subsec. (a)(2). Pub. L. 103-82, Sec. 118(1)(A), substituted ``with 
respect to the programs authorized under division C of this subchapter'' 
for ``for purposes of the reports required by subsection (j) of this 
section'' in introductory provisions.
    Subsec. (a)(2)(A). Pub. L. 103-82, Sec. 118(1)(B), substituted 
``National Senior Volunteer Corps programs'' for ``older American 
volunteer programs''.
    Subsec. (a)(2)(B). Pub. L. 103-160 substituted ``section 101(a)(4) 
of title 10'' for ``section 101(4) of title 10''.
    Subsec. (b). Pub. L. 103-82, Sec. 402(b)(1), substituted 
``Corporation'' for ``Commission''.
    Subsec. (d). Pub. L. 103-82, Sec. 402(b)(1), substituted 
``Corporation'' for ``Commission''.
    Pub. L. 103-82, Sec. 203(a)(1)(A), substituted ``the national 
service laws'' for ``this subchapter''.
    Subsec. (e). Pub. L. 103-82, Sec. 402(b)(1), substituted 
``Corporation'' for ``Commission''.
    Pub. L. 103-82, Sec. 203(a)(1)(A), substituted ``the national 
service laws'' for ``this subchapter''.
    Subsec. (f). Pub. L. 103-82, Sec. 402(b)(1), substituted 
``Corporation'' for ``Commission''.
    Subsec. (g). Pub. L. 103-82, Sec. 402(b)(1), substituted 
``Corporation'' for ``Commission'' in introductory provisions.
    Pub. L. 103-82, Sec. 118(2)(A), substituted ``division C of this 
subchapter'' for ``part D of this subchapter'' in introductory 
provisions.
    Subsec. (g)(3), (9). Pub. L. 103-82, Sec. 118(2)(B), substituted 
``National Senior Volunteer Corps programs'' for ``older American 
volunteer programs''.
    Subsec. (h)(1), (2)(A), (B)(ii). Pub. L. 103-82, Sec. 402(b)(1), 
substituted ``Corporation'' for ``Commission''.
    Subsecs. (i), (j). Pub. L. 103-82, Sec. 118(3), (4), added subsec. 
(i) and struck out former subsecs. (i) and (j) which related to deadline 
and report, respectively.
    1992--Subsec. (a)(2). Pub. L. 102-384, Sec. 9(1), substituted 
``subsection (j)'' for ``subsection (h)''.
    Subsec. (d). Pub. L. 102-384, Sec. 4, substituted ``Commission'' for 
``Secretary''.
    Subsec. (f). Pub. L. 102-384, Sec. 9(2), inserted ``or post-service 
benefit'' after ``voucher''.
    Subsec. (h)(1). Pub. L. 102-384, Sec. 9(3)(A), substituted ``this 
section'' for ``subsection (g) of this section''.
    Subsec. (h)(2). Pub. L. 102-384, Sec. 9(3)(B), added par. (2) and 
struck out former par. (2) which read as follows: ``The Commission shall 
keep information acquired under this section confidential.''


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective as if included in the Reserve 
Officer Personnel Management Act, title XVI of Pub. L. 103-337, as 
enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104-106, set 
out as a note under section 113 of Title 10, Armed Forces.


                    Effective Date of 1993 Amendment

    Amendment by section 118 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 203(a)(1)(A) of Pub. L. 103-82 effective Apr. 
4, 1994, see section 203(d) of Pub. L. 103-82, set out as a note under 
section 12651 of this title.
    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 12624, 12651d of this title.
