§12582. Application for assistance and approved national service positions — Inbound Citations

Citations to 42 U.S.C. § 12582 as a whole

• 42 U.S.C. § 12572(f)(1)(B)

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  (B) Consistent with paragraph (4), States shall establish, and through the national service plan process described in section 12638(e)(1) of this title, periodically alter priorities as appropriate regarding the national service programs to be assisted under section 12581(e) of this title. The State priorities shall be subject to Corporation review as part of the application process under section 12582 of this title.
• 42 U.S.C. § 12574(a)

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  (a) The Corporation may provide assistance under section 12571 of this title to a qualified applicant that submits an application under section 12582 of this title for the planning of a national service program. Assistance provided in accordance with this subsection may cover a period of not more than 1 year.
• 42 U.S.C. § 12574(b)

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  (b) The Corporation may provide assistance under section 12571 of this title to a qualified applicant that submits an application under section 12582 of this title for the establishment, operation, or expansion of a national service program. Assistance provided in accordance with this subsection may cover a period of not more than 3 years, but may be renewed by the Corporation upon consideration of a new application under section 12582 of this title.
• 42 U.S.C. § 12574(c)

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  (c) The Corporation may provide assistance under section 12571 of this title to a qualified applicant that submits an application under section 12582 of this title for the expansion of a proven national service program to another geographical location. Assistance provided in accordance with this subsection may cover a period of not more than 3 years, but may be renewed by the Corporation upon consideration of a new application under section 12582 of this title.
• 42 U.S.C. § 12581(a)

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  (a) Of the funds allocated by the Corporation for provision of assistance under section 12571(a) of this title for a fiscal year, the Corporation shall reserve 1 percent for grants to the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands upon approval by the Corporation of an application submitted under section 12582 of this title. The Corporation shall allot for a grant to each such territory under this subsection for a fiscal year an amount that bears the same ratio to 1 percent of the allocated funds for that fiscal year as the population of the territory bears to the total population of all such territories.
• 42 U.S.C. § 12581(e)(1)

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  (1) Of the funds allocated by the Corporation for provision of assistance under section 12571(a) of this title for a fiscal year, the Corporation shall make a grant to each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico that submits an application under section 12582 of this title that is approved by the Corporation.
• 42 U.S.C. § 12581(f)(2)

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  (2) make reallotments to other States or territories with approved applications submitted under section 12582 of this title, from the allotment funds not used to make grants as described in paragraph (1).
• 42 U.S.C. § 12581(g)

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  (g) The Corporation shall make an allotment of assistance (including the provision of approved national service positions) to a recipient under this section only pursuant to an application submitted by a State or other applicant under section 12582 of this title.
• 42 U.S.C. § 12583(a)

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  (a) An application submitted under section 12582 of this title shall include an assurance by the applicant that any national service program carried out by the applicant using assistance provided under section 12571 of this title and any national service program supported by a grant made by the applicant using such assistance will—

  (1) address unmet human, educational, environmental, or public safety needs through services that provide a direct benefit to the community in which the service is performed; and

  (2) comply with the nonduplication and nondisplacement requirements of section 12637 of this title and the grievance procedure requirements of section 12636(f) of this title.
• 42 U.S.C. § 12583(b)

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  (b) An application submitted under section 12582 of this title shall also include an assurance by the applicant that any national service program carried out by the applicant using assistance provided under section 12571 of this title and any national service program supported by a grant made by the applicant using such assistance will—

  (1) provide participants in the national service program with the training, skills, and knowledge necessary for the projects that participants are called upon to perform;

  (2) provide support services to participants, such as the provision of appropriate information and support—

  (A) to those participants who are completing a term of service and making the transition to other educational and career opportunities; and

  (B) to those participants who are school dropouts in order to assist those participants in earning the equivalent of a high school diploma; and

  (3) provide, if appropriate, structured opportunities for participants to reflect on their service experiences.
• 42 U.S.C. § 12583(c)

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  (c) An application submitted under section 12582 of this title shall also include an assurance by the applicant that any national service program carried out by the applicant using assistance provided under section 12571 of this title and any national service program supported by a grant made by the applicant using such assistance will—

  (1) provide in the design, recruitment, and operation of the program for broad-based input from—

  (A) the community served, the municipality and government of the county (if appropriate) in which the community is located, and potential participants in the program; and

  (B) community-based agencies with a demonstrated record of experience in providing services and local labor organizations representing employees of service sponsors, if these entities exist in the area to be served by the program;

  (2) prior to the placement of participants, consult with the appropriate local labor organization, if any, representing employees in the area who are engaged in the same or similar work as that proposed to be carried out by such program to ensure compliance with the nondisplacement requirements specified in section 12637 of this title; and

  (3) in the case of a program that is not funded through a State (including a national service program that a nonprofit organization seeks to operate in 2 or more States), consult with and coordinate activities with the State Commission for each State in which the program will operate, and the Corporation shall obtain confirmation from the State Commission that the applicant seeking assistance under this chapter has consulted with and coordinated with the State Commission when seeking to operate the program in that State.
• 42 U.S.C. § 12583(d)(1)

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  (1) An application submitted under section 12582 of this title shall also include an assurance by the applicant that the applicant will—

  (A) arrange for an independent evaluation of any national service program carried out using assistance provided to the applicant under section 12571 of this title or, with the approval of the Corporation, conduct an internal evaluation of the program;

  (B) apply measurable performance goals and evaluation methods (such as the use of surveys of participants and persons served), which are to be used as part of such evaluation to determine the impact of the program—

  (i) on communities and persons served by the projects performed by the program;

  (ii) on participants who take part in the projects; and

  (iii) in such other areas as the Corporation may require; and

  (C) cooperate with any evaluation activities undertaken by the Corporation.
• 42 U.S.C. § 12583(e)

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  (e) Except as provided in section 12594(c) of this title, an application submitted under section 12582 of this title shall also include an assurance by the applicant that the applicant will—

  (1) ensure the provision of a living allowance and other benefits specified in section 12594 of this title to participants in any national service program carried out by the applicant using assistance provided under section 12571 of this title; and

  (2) require that each national service program that receives a grant from the applicant using such assistance will also provide a living allowance and other benefits specified in section 12594 of this title to participants in the program.
• 42 U.S.C. § 12584(a)

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  (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.
• 42 U.S.C. § 12585(a)(1)

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  (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
• 42 U.S.C. § 12585(b)(2)

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  (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.
• 42 U.S.C. § 12585(c)

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  (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.
• 42 U.S.C. § 12585(c)(7)

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  (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.
• 42 U.S.C. § 12585(d)(4)(A)

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  (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
• 42 U.S.C. § 12585(g)(1)

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  (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.
• 42 U.S.C. § 12638(a)(2)

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  (2) The chief executive officer of a State may apply to the Corporation for approval to use an alternative administrative entity to carry out the duties otherwise entrusted to a State Commission under this chapter. The chief executive officer shall ensure that any alternative administrative entity used in lieu of a State Commission provides for the individuals described in paragraph (1), and some of the individuals described in paragraph (2), of subsection (c) to play a significant policymaking role in carrying out the duties otherwise entrusted to a State Commission, including the submission of applications on behalf of the State under section 12582 of this title.
• 42 U.S.C. § 12638(e)(2)

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  (2) Preparation of the applications of the State under section 12582 of this title for financial assistance.
• 42 U.S.C. § 12638(e)(4)

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  (4) Preparation of the application of the State under section 12582 of this title for the approval of service positions that include the national service educational award described in division D.