§12584 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Applicants must promise that any national service program paid for under the law, and any approved national service position, will not be used to directly help certain groups. The rule bars five kinds of recipients: for-profit businesses; labor unions; partisan political groups; religious organizations (unless the funded activities do not use the money or participants to give religious instruction, run worship services, require religious education, build or run places of worship, or try to convert people); and nonprofits that ignore the limits in section 501(c) of the tax code. Participants may still speak up or advocate on their own. A Regional Corporation defined in section 3(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(g)) that is set up as a for-profit but is doing nonprofit work is not covered by the ban on for-profit businesses.

Title 42, §12584

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

(a)Except as provided in subsection (b), an application submitted to the Corporation under section 12582 of this title shall include an assurance by the applicant that any national service program carried out using assistance provided under section 12571 of this title and any approved national service position provided to an applicant will not be used to perform service that provides a direct benefit to any—

(1)business organized for profit;

(2)labor union;

(3)partisan political organization;

(4)organization engaged in religious activities, unless such service does not involve the use of assistance provided under section 12571 of this title or participants—

(A)to give religious instruction;

(B)to conduct worship services;

(C)to provide instruction as part of a program that includes mandatory religious education or worship;

(D)to construct or operate facilities devoted to religious instruction or worship or to maintain facilities primarily or inherently devoted to religious instruction or worship; or

(E)to engage in any form of proselytization; or

(5)nonprofit organization that fails to comply with the restrictions contained in section 501(c) of title 26, except that nothing in this section shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative.

(b)The requirement of subsection (a) relating to an assurance regarding direct benefits to businesses organized for profit shall not apply with respect to a Regional Corporation, as defined in section 3(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(g)), that is established in accordance with such Act [43 U.S.C. 1601 et seq.] as a for-profit corporation but that is engaging in nonprofit activities.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Alaska Native Claims Settlement Act, referred to in subsec. (b), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see

Short Title

note set out under section 1601 of Title 43 and Tables.

Prior Provisions

A prior section 132 of Pub. L. 101–610 was renumbered section 199L and classified to section 12655k of this title, prior to repeal by Pub. L. 103–82, § 101(e)(8)(A).

Statutory Notes and Related Subsidiaries

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.

§12584 Ineligible Service Categories

Summary

Title 42, §12584

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Prior Provisions

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata