§12585 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Corporation must use the rules in subsections (c) and (d) when it decides whether to approve an application for help or to approve national service positions that include the national service educational award. States or other groups that pass federal help to local programs must use the same rules when they pick programs. Their application must say they used the rules, describe the jobs and the tasks participants will do, and list the minimum qualifications for participants. The main things the Corporation looks at are program quality, new ideas and whether they can be copied, chances the program will keep going (including community support and multiple funding sources), leadership and past results, recruiting locally and involving community members, and serving the highest-need places (like empowerment zones, environmentally damaged areas, places hit by federal land actions, areas hurt by defense cuts, or places with unemployment above the national average). The Corporation must make sure projects are spread across regions and reach the poorest urban and rural areas. It can give priority to programs that match national priorities, are innovative, are already in one or more States and want to expand, are run by experienced nonprofits, or are certain professional corps, and it may favor State Commission proposals in some cases. For requests over $250,000 (in grant money or required educational awards), expert panels must review and their advice must be considered. At least 50% of the money given to States in a year must go to projects in the high-need areas or on public lands and must emphasize recruiting local residents. If a State Commission’s application for certain funds is rejected, the Corporation must quickly explain why, allow a reasonable chance to revise and resubmit (and offer technical help if asked), reconsider the revised application promptly, and reallocate any unused State share for that year.

Title 42, §12585

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Corporation shall apply the criteria described in subsections (c) and (d) 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 and provide such approved national service positions to the applicant.

(b)(1)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) when considering an application submitted by a national service program to receive a portion of such assistance or an approved national service position.

(2)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 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)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)(1)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)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 subsection (a), (b), or (c) of section 12572 of this title for priority consideration in the competitive distribution of funds under section 12581(d) of this title. In designating national service programs to receive priority, the Corporation may include—

(A)national service programs that—

(i)conform to the national service priorities in effect under section 12572(f) of this title;

(ii)are innovative; and

(iii)are well established in 1 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;

(B)grant programs in support of other national service programs if the grant programs are to be conducted by nonprofit organizations with demonstrated and extensive expertise in the provision of services to meet human, educational, environmental, or public safety needs; and

(C)professional corps programs described in section 12572(c)(1)(D) of this title.

(3)In making a competitive distribution of funds under section 12581(d) 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),

(4)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)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 (d) and (e) 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) 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)In making competitive awards under section 12581(d) of this title, the Corporation shall solicit and consider the views of a State Commission regarding any application for assistance to carry out a national service program within the State.

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

(2)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)The amount of any State’s allotment under section 12581(e) 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 section 12581(f) of this title.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

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

Amendments

2009—Subsec. (b)(2)(B). Pub. L. 111–13, § 1311(1), struck out “jobs or” before “positions”. Subsec. (d)(2). Pub. L. 111–13, § 1311(2)(A)(i), substituted “subsection (a), (b), or (c) of section 12572” for “section 12572(a)” and “section 12581(d)” for “section 12581(d)(2)” in introductory provisions. Subsec. (d)(2)(A) to (G). Pub. L. 111–13, § 1311(2)(A)(ii), added subpars. (A) to (C) and struck out former subpars. (A) to (G), which set forth programs the Corporation could include in designating national service programs to receive priority. Subsec. (d)(3). Pub. L. 111–13, § 1311(2)(B), substituted “section 12581(d)” for “section 12581(d)(2)” in introductory provisions. Subsec. (e). Pub. L. 111–13, § 1311(3), substituted “subsections (d) and (e) of section 12581” for “subsections (a) and (d)(1) of section 12581” in introductory provisions. Subsec. (f). Pub. L. 111–13, § 1311(6), added subsec. (f). Former subsec. (f) redesignated (g). Subsec. (f)(1). Pub. L. 111–13, § 1311(4)(A), substituted “section 12581(e)” for “section 12581(a)(1)”. Subsec. (f)(3). Pub. L. 111–13, § 1311(4)(B), substituted “section 12581(e)” for “section 12581(a)” and “section 12581(f) of this title” for “paragraph (3) of such subsection”. Subsec. (g). Pub. L. 111–13, § 1311(5), redesignated subsec. (f) as (g).

Statutory Notes and Related Subsidiaries

Effective Date

of 2009 AmendmentAmendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as a note under section 4950 of this title.

Effective Date

Section effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as an

Effective Date

of 1993 Amendment note under section 1701 of Title 16, Conservation.

§12585 Consideration of applications

Summary

Title 42, §12585

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata