---
kind: "section"
citation: "42 U.S.C. § 12585"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12585"
heading: "Consideration of applications"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/12585"
units:
  - "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"
---

# §12585. Consideration of applications

- (a) **Corporation consideration of certain criteria—** The [Corporation](/usc/42/2297h.md?p=2) shall apply the criteria described in subsections [(c)](#c) and [(d)](#d) in determining whether—
  - (1) to approve an application submitted under [section 12582 of this title](/usc/42/12582.md) and provide assistance under [section 12571 of this title](/usc/42/12571.md) 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) **Application to subgrants—**
  - (1) **In general—** A [State](/usc/42/12522.md?p=1) or other entity that uses assistance provided under [section 12571(a) of this title](/usc/42/12571.md?p=a) to support national service [programs](/usc/42/12626.md?p=8) selected on a competitive basis to receive a share of the assistance shall use the criteria described in subsections [(c)](#c) and [(d)](#d) when considering an application submitted by a national service [program](/usc/42/12626.md?p=8) to receive a portion of such assistance or an approved national service position.
  - (2) **Contents—** The application of the [State](/usc/42/12522.md?p=1) or other entity under [section 12582 of this title](/usc/42/12582.md) shall contain—
    - (A) a certification that the [State](/usc/42/12522.md?p=1) or other entity used these criteria in the selection of national service [programs](/usc/42/12626.md?p=8) 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](/usc/42/12626.md?p=8).
- (c) **Assistance criteria—** The criteria required to be applied in evaluating applications submitted under [section 12582 of this title](/usc/42/12582.md) are as follows:
  - (1) The quality of the national service [program](/usc/42/12626.md?p=8) 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](/usc/42/12626.md?p=8), and the feasibility of replicating the [program](/usc/42/12626.md?p=8).
  - (3) The sustainability of the national service [program](/usc/42/12626.md?p=8), based on evidence such as the existence—
    - (A) of strong and broad-based community support for the [program](/usc/42/12626.md?p=8); and
    - (B) of multiple funding sources or private funding for the [program](/usc/42/12626.md?p=8).
  - (4) The quality of the leadership of the national service [program](/usc/42/12626.md?p=8), the past performance of the [program](/usc/42/12626.md?p=8), and the extent to which the [program](/usc/42/12626.md?p=8) builds on existing [programs](/usc/42/12626.md?p=8).
  - (5) The extent to which participants of the national service [program](/usc/42/12626.md?p=8) are recruited from among residents of the communities in which [projects](/usc/42/13641.md?p=2) are to be conducted, and the extent to which participants and community residents are involved in the design, leadership, and operation of the [program](/usc/42/12626.md?p=8).
  - (6) The extent to which [projects](/usc/42/13641.md?p=2) 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](/usc/42/12522.md?p=1), the extent to which the application is consistent with the application under [section 12582 of this title](/usc/42/12582.md) of the [State](/usc/42/12522.md?p=1) in which the [projects](/usc/42/13641.md?p=2) would be conducted.
  - (8) Such other criteria as the [Corporation](/usc/42/2297h.md?p=2) considers to be appropriate.
- (d) **Other considerations—**
  - (1) **Geographic diversity—** The [Corporation](/usc/42/2297h.md?p=2) shall ensure that recipients of assistance provided under [section 12571 of this title](/usc/42/12571.md) are geographically diverse and include [projects](/usc/42/13641.md?p=2) to be conducted in those urban and rural areas in a [State](/usc/42/12522.md?p=1) with the highest rates of poverty.
  - (2) **Priorities—** The [Corporation](/usc/42/2297h.md?p=2) may designate, under such criteria as may be established by the [Corporation](/usc/42/2297h.md?p=2), certain national service [programs](/usc/42/12626.md?p=8) or types of national service [programs](/usc/42/12626.md?p=8) described in subsection (a), (b), or (c) of [section 12572 of this title](/usc/42/12572.md) for priority consideration in the competitive distribution of funds under [section 12581(d) of this title](/usc/42/12581.md?p=d). In designating national service [programs](/usc/42/12626.md?p=8) to receive priority, the [Corporation](/usc/42/2297h.md?p=2) may include—
    - (A) national service [programs](/usc/42/12626.md?p=8) that—
      - (i) conform to the national service priorities in effect under [section 12572(f) of this title](/usc/42/12572.md?p=f);
      - (ii) are innovative; and
      - (iii) are well established in 1 or more [States](/usc/42/12522.md?p=1) at the time of the application and are proposed to be expanded to additional [States](/usc/42/12522.md?p=1) using assistance provided under [section 12571 of this title](/usc/42/12571.md);
    - (B) grant [programs](/usc/42/12626.md?p=8) in support of other national service [programs](/usc/42/12626.md?p=8) if the grant [programs](/usc/42/12626.md?p=8) are to be conducted by [nonprofit](/usc/42/300s–3.md?p=3) organizations with demonstrated and extensive expertise in the provision of services to meet human, educational, environmental, or public safety needs; and
    - (C) professional [corps](/usc/42/12626.md?p=3) [programs](/usc/42/12626.md?p=8) described in [section 12572(c)(1)(D) of this title](/usc/42/12572.md?p=c-1-D).
  - (3) **Additional priority—** In making a competitive distribution of funds under [section 12581(d) of this title](/usc/42/12581.md?p=d), the [Corporation](/usc/42/2297h.md?p=2) may give priority consideration to a national service [program](/usc/42/12626.md?p=8) that is—
    - (A) proposed in an application submitted by a [State](/usc/42/12522.md?p=1) Commission; and
    - (B) not one of the types of [programs](/usc/42/12626.md?p=8) described in [paragraph (2)](#d-2),

    if the [State](/usc/42/12522.md?p=1) Commission provides an adequate explanation of the reasons why it should not be a priority of such [State](/usc/42/12522.md?p=1) to carry out any of such types of [programs](/usc/42/12626.md?p=8) in the [State](/usc/42/12522.md?p=1).

  - (4) **Review panel—** The [Corporation](/usc/42/2297h.md?p=2) shall—
    - (A) establish panels of experts for the purpose of securing recommendations on applications submitted under [section 12582 of this title](/usc/42/12582.md) 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](/usc/42/12571.md) and in providing approved national service positions under [section 12573 of this title](/usc/42/12573.md), the [Corporation](/usc/42/2297h.md?p=2) shall ensure that not less than 50 percent of the total amount of assistance to be distributed to [States](/usc/42/12522.md?p=1) under subsections (d) and (e) of [section 12581 of this title](/usc/42/12581.md) for a fiscal year is provided to carry out or support national service [programs](/usc/42/12626.md?p=8) and [projects](/usc/42/13641.md?p=2) that—
  - (1) are conducted in any of the areas described in [subsection (c)(6)](#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) **Views of State Commission—** In making competitive awards under [section 12581(d) of this title](/usc/42/12581.md?p=d), the [Corporation](/usc/42/2297h.md?p=2) shall solicit and consider the views of a [State](/usc/42/12522.md?p=1) Commission regarding any application for assistance to carry out a national service [program](/usc/42/12626.md?p=8) within the [State](/usc/42/12522.md?p=1).
- (g) **Rejection of State applications—**
  - (1) **Notification of State applicants—** If the [Corporation](/usc/42/2297h.md?p=2) rejects an application submitted by a [State](/usc/42/12522.md?p=1) Commission under [section 12582 of this title](/usc/42/12582.md) for funds described in [section 12581(e) of this title](/usc/42/12581.md?p=e), the [Corporation](/usc/42/2297h.md?p=2) shall promptly notify the [State](/usc/42/12522.md?p=1) Commission of the reasons for the rejection of the application.
  - (2) **Resubmission and reconsideration—** The [Corporation](/usc/42/2297h.md?p=2) shall provide a [State](/usc/42/12522.md?p=1) Commission notified under [paragraph (1)](#g-1) with a reasonable opportunity to revise and resubmit the application. At the request of the [State](/usc/42/12522.md?p=1) Commission, the [Corporation](/usc/42/2297h.md?p=2) shall provide technical assistance to the [State](/usc/42/12522.md?p=1) Commission as part of the resubmission process. The [Corporation](/usc/42/2297h.md?p=2) shall promptly reconsider an application resubmitted under this paragraph.
  - (3) **Reallotment—** The amount of any [State](/usc/42/12522.md?p=1)’s allotment under [section 12581(e) of this title](/usc/42/12581.md?p=e) for a fiscal year that the [Corporation](/usc/42/2297h.md?p=2) determines will not be provided for that fiscal year shall be available for distribution by the [Corporation](/usc/42/2297h.md?p=2) as provided in [section 12581(f) of this title](/usc/42/12581.md?p=f).

## Source credit

(Pub. L. 101–610, title I, § 133, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 805; amended Pub. L. 111–13, title I, § 1311, Apr. 21, 2009, 123 Stat. 1509.)

## Notes

### 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 Amendment

Amendment 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.