---
kind: "section"
citation: "42 U.S.C. § 12639"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12639"
heading: "Evaluation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/12639"
units:
  - "Chapter 129 — National and Community Service"
  - "Subchapter I — National and Community Service State Grant Program"
  - "Division F — Administrative Provisions"
---

# §12639. Evaluation

- (a) **In general—** The [Corporation](/usc/42/2297h.md?p=2) shall provide, directly or through grants or contracts, for the continuing evaluation of [programs](/usc/42/12626.md?p=8) that receive assistance under the national service laws, including evaluations that measure the impact of such [programs](/usc/42/12626.md?p=8), to determine—
  - (1) the effectiveness of [programs](/usc/42/12626.md?p=8) receiving assistance under the national service laws in achieving stated goals and the costs associated with such [programs](/usc/42/12626.md?p=8), including an evaluation of each such [program](/usc/42/12626.md?p=8)’s performance based on the performance levels established under [subsection (k)](#k); and
  - (2) the effectiveness of the structure and mechanisms for delivery of services, such as the effective utilization of the participants’ time, the management of the participants, and the ease with which recipients were able to receive services, to maximize the cost effectiveness and the impact of such [programs](/usc/42/12626.md?p=8).
- (b) **Comparisons—** The [Corporation](/usc/42/2297h.md?p=2) shall provide for inclusion in the evaluations required under [subsection (a)](#a), where appropriate, comparisons of participants in such [programs](/usc/42/12626.md?p=8) with individuals who have not participated in such [programs](/usc/42/12626.md?p=8).
- (c) **Conducting evaluations—** Evaluations of [programs](/usc/42/12626.md?p=8) under [subsection (a)](#a) shall be conducted by individuals who are not directly involved in the administration of such [program](/usc/42/12626.md?p=8).
- (d) **Standards—** The [Corporation](/usc/42/2297h.md?p=2) shall develop and publish general standards for the evaluation of [program](/usc/42/12626.md?p=8) effectiveness in achieving the objectives of the national service laws.
- (e) **Community participation—** In evaluating a [program](/usc/42/12626.md?p=8) receiving assistance under the national service laws, the [Corporation](/usc/42/2297h.md?p=2) shall consider the opinions of participants and members of the communities where services are delivered concerning the strengths and weaknesses of such [program](/usc/42/12626.md?p=8).
- (f) **Comparison of program models—** The [Corporation](/usc/42/2297h.md?p=2) shall evaluate and compare the effectiveness of different [program](/usc/42/12626.md?p=8) models in meeting the [program](/usc/42/12626.md?p=8) objectives described in [subsection (g)](#g) including full- and part-time [programs](/usc/42/12626.md?p=8), [programs](/usc/42/12626.md?p=8) involving different types of national service, [programs](/usc/42/12626.md?p=8) using different recruitment methods, [programs](/usc/42/12626.md?p=8) offering alternative voucher or post-service benefit options, and [programs](/usc/42/12626.md?p=8) utilizing individual placements and teams.
- (g) **Program objectives—** The [Corporation](/usc/42/2297h.md?p=2) shall ensure that [programs](/usc/42/12626.md?p=8) that receive assistance under division C are evaluated to determine their effectiveness in—
  - (1) recruiting and enrolling diverse participants in such [programs](/usc/42/12626.md?p=8), consistent with the requirements of [section 12575](/usc/42/12575.md)[^1] of this title, based on economic background, race, ethnicity, age, marital status, education levels, and disability;
  - (2) promoting the educational achievement of each participant in such [programs](/usc/42/12626.md?p=8), 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](/usc/42/12626.md?p=8) based on career choices and service in other service [programs](/usc/42/12626.md?p=8) such as the Volunteers in Service to America [Program](/usc/42/12626.md?p=8) and National Senior Service [Corps](/usc/42/12626.md?p=3) [programs](/usc/42/12626.md?p=8) established under the Domestic Volunteer Service Act of 1973 ([42 U.S.C. 4950](/usc/42/4950.md) et seq.), the Peace [Corps](/usc/42/12626.md?p=3) (as established by the Peace Corps Act ([22 U.S.C. 2501](/usc/22/2501.md) 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](/usc/42/13641.md?p=2) that benefit the community;
  - (7) supplying additional volunteer assistance to community [agencies](/usc/42/8262.md?p=1) without overloading such [agencies](/usc/42/8262.md?p=1) 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 engage in service that benefits the community.
- (h) **Obtaining information—**
  - (1) **In general—** In conducting the evaluations required under this section, the [Corporation](/usc/42/2297h.md?p=2) may require each [program](/usc/42/12626.md?p=8) participant and [State](/usc/42/12522.md?p=1) 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](/usc/42/2297h.md?p=2) 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)](#h-2-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](/usc/42/2297h.md?p=2) 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](/usc/42/2297h.md?p=2) shall, on an annual basis, arrange for an independent evaluation of the [programs](/usc/42/12626.md?p=8) assisted under division C.
    - (B) **Participants—**
      - (i) **In general—** The entity conducting such evaluation shall determine the demographic characteristics of the participants in such [programs](/usc/42/12626.md?p=8).
      - (ii) **Characteristics—** The entity shall determine, for the year covered by the evaluation, the total number of participants in the [programs](/usc/42/12626.md?p=8), and the number of participants within the [programs](/usc/42/12626.md?p=8) in each [State](/usc/42/12522.md?p=1), by sex, age, economic background, education level, ethnic group, disability classification, and geographic region.
      - (iii) **Categories—** The [Corporation](/usc/42/2297h.md?p=2) shall determine appropriate categories for analysis of each of the characteristics referred to in [clause (ii)](#i-1-B-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](/usc/42/12571.md) during the year that has been expended for [projects](/usc/42/13641.md?p=2) conducted under the [programs](/usc/42/12626.md?p=8) in areas described in [section 12585(c)(6) of this title](/usc/42/12585.md?p=c-6).
  - (2) **Report—** The entity conducting the evaluation shall submit a report to the President, the authorizing committees, the [Corporation](/usc/42/2297h.md?p=2), and each [State](/usc/42/12522.md?p=1) 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.
- (j) **Reserved program funds for accountability—** Notwithstanding any other provision of law, in addition to amounts appropriated to carry out this section, the [Corporation](/usc/42/2297h.md?p=2) may reserve not more than 1 percent of the total funds appropriated for a fiscal year under [section 12681 of this title](/usc/42/12681.md) and sections 501 and 502 of the Domestic Volunteer Service Act of 1973 [[42 U.S.C. 5081](/usc/42/5081.md), 5082] to support [program](/usc/42/12626.md?p=8) accountability activities under this section.
- (k) **Performance levels—** The [Corporation](/usc/42/2297h.md?p=2) shall, in consultation with each recipient of assistance under the national service laws, establish performance levels for such recipient to meet during the term of the assistance. The performance levels may include, for each national service [program](/usc/42/12626.md?p=8) carried out by the recipient, performance levels based on the following performance measures:
  - (1) Number of participants enrolled in the [program](/usc/42/12626.md?p=8) and completing terms of service, as compared to the stated participation and retention goals of the [program](/usc/42/12626.md?p=8).
  - (2) Number of volunteers recruited from the community in which the [program](/usc/42/12626.md?p=8) was implemented.
  - (3) If applicable based on the [program](/usc/42/12626.md?p=8) design, the number of individuals receiving or benefitting from the service conducted.
  - (4) Number of disadvantaged and underrepresented youth participants.
  - (5) Measures of the sustainability of the [program](/usc/42/12626.md?p=8) and the [projects](/usc/42/13641.md?p=2) supported by the [program](/usc/42/12626.md?p=8), including measures to ascertain the level of community support for the [program](/usc/42/12626.md?p=8) or [projects](/usc/42/13641.md?p=2).
  - (6) Measures to ascertain the change in attitude toward civic engagement among the participants and the beneficiaries of the service.
  - (7) Other quantitative and qualitative measures as determined to be appropriate by the recipient of assistance and the [Corporation](/usc/42/2297h.md?p=2).
- (l) **Corrective action plans—**
  - (1) **In general—** A recipient of assistance under the national service laws that fails, as determined by the [Corporation](/usc/42/2297h.md?p=2), to meet or exceed the performance levels agreed upon under [subsection (k)](#k) for a national service [program](/usc/42/12626.md?p=8), shall reach an agreement with the [Corporation](/usc/42/2297h.md?p=2) on a corrective action plan to meet such performance levels.
  - (2) **Assistance—**
    - (A) **New program—** For a [program](/usc/42/12626.md?p=8) that has received assistance under the national service laws for less than 3 years and for which the recipient is failing to meet or exceed the performance levels agreed upon under [subsection (k)](#k), the [Corporation](/usc/42/2297h.md?p=2) shall—
      - (i) provide technical assistance to the recipient to address targeted performance problems relating to the performance levels for the [program](/usc/42/12626.md?p=8); and
      - (ii) require the recipient to submit quarterly reports on the [program](/usc/42/12626.md?p=8)’s progress toward meeting the performance levels for the [program](/usc/42/12626.md?p=8) to the—
        - (I) appropriate [State](/usc/42/12522.md?p=1), territory, or Indian tribe; and
        - (II) the [Corporation](/usc/42/2297h.md?p=2).
    - (B) **Established programs—** For a [program](/usc/42/12626.md?p=8) that has received assistance under the national service laws for 3 years or more and for which the recipient is failing to meet or exceed the performance levels agreed upon under [subsection (k)](#k), the [Corporation](/usc/42/2297h.md?p=2) shall require the recipient to submit quarterly reports on the [program](/usc/42/12626.md?p=8)’s progress toward the performance levels for the [program](/usc/42/12626.md?p=8) to—
      - (i) the appropriate [State](/usc/42/12522.md?p=1), territory, or Indian tribe; and
      - (ii) the [Corporation](/usc/42/2297h.md?p=2).
- (m) **Failure to meet performance levels—** If, after a period for correction as approved by the [Corporation](/usc/42/2297h.md?p=2) in accordance with [subsection (l)](#l), a recipient of assistance under the national service laws fails to meet or exceed the performance levels for a national service [program](/usc/42/12626.md?p=8), the [Corporation](/usc/42/2297h.md?p=2) shall—
  - (1) reduce the annual amount of the assistance received by the underperforming recipient by at least 25 percent, for each remaining year of the grant period for that [program](/usc/42/12626.md?p=8); or
  - (2) terminate assistance to the underperforming recipient for that [program](/usc/42/12626.md?p=8), in accordance with [section 12636(a) of this title](/usc/42/12636.md?p=a).
- (n) **Reports—** The [Corporation](/usc/42/2297h.md?p=2) shall submit to the authorizing committees not later than 2 years after April 21, 2009, and annually thereafter, a report containing information on the number of—
  - (1) recipients of assistance under the national service laws implementing corrective action plans under [subsection (l)(1)](#l-1);
  - (2) recipients for which the [Corporation](/usc/42/2297h.md?p=2) provides technical assistance for a [program](/usc/42/12626.md?p=8) under [subsection (l)(2)(A)(i)](#l-2-A-i);
  - (3) recipients for which the [Corporation](/usc/42/2297h.md?p=2) terminates assistance for a [program](/usc/42/12626.md?p=8) under [subsection (m)](#m);
  - (4) entities whose application for assistance under a national service law was rejected; and
  - (5) recipients meeting or exceeding their performance levels under [subsection (k)](#k).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 101–610, title I, § 179, Nov. 16, 1990, 104 Stat. 3164; Pub. L. 102–384, §§ 4, 9, Oct. 5, 1992, 106 Stat. 1455, 1456; Pub. L. 103–82, title I, § 118, title II, § 203(a)(1)(A), title IV, § 402(b)(1), Sept. 21, 1993, 107 Stat. 865, 891, 918; Pub. L. 103–160, div. A, title XI, § 1182(d)(4), Nov. 30, 1993, 107 Stat. 1773; Pub. L. 104–106, div. A, title XV, § 1501(e)(5), Feb. 10, 1996, 110 Stat. 501; Pub. L. 111–13, title I, § 1607, Apr. 21, 2009, 123 Stat. 1532.)

## Notes

### Editorial Notes

### References in Text

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, § 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), is Pub. L. 93–113, Oct. 1, 1973, 87 Stat. 394, which is classified principally to chapter 66 (§ 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.

The Peace Corps Act, referred to in subsec. (g)(3), is Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, which is classified principally to chapter 34 (§ 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.

### Amendments

2009—Subsec. (a). Pub. L. 111–13, § 1607(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) directed the Corporation to provide, through grants or contracts, for continuing evaluation of programs receiving assistance under the national service laws to determine the effectiveness and costs of various program models and, with respect to programs authorized under division C, to determine the impact of those programs on the recruitment ability of VISTA and National Senior Volunteer Corps programs, each regular component of the Armed Forces, each of the reserve components of the Armed Forces, and the Peace Corps.

Subsec. (g)(3). Pub. L. 111–13, § 1607(2)(A), substituted “National Senior Service Corps” for “National Senior Volunteer Corps”.

Subsec. (g)(9). Pub. L. 111–13, § 1607(2)(B), substituted “to engage in service that benefits the community.” for “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.).”

Subsec. (i)(2). Pub. L. 111–13, § 1607(3), substituted “the authorizing committees” for “Congress” in introductory provisions.

Subsecs. (j) to (n). Pub. L. 111–13, § 1607(4), added subsecs. (j) to (n).

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, § 402(b)(1), substituted “Corporation” for “Commission” in introductory provisions.

Pub. L. 103–82, § 203(a)(1)(A), substituted “the national service laws” for “this subchapter” in introductory provisions.

Subsec. (a)(2). Pub. L. 103–82, § 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, § 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, § 402(b)(1), substituted “Corporation” for “Commission”.

Subsec. (d). Pub. L. 103–82, § 402(b)(1), substituted “Corporation” for “Commission”.

Pub. L. 103–82, § 203(a)(1)(A), substituted “the national service laws” for “this subchapter”.

Subsec. (e). Pub. L. 103–82, § 402(b)(1), substituted “Corporation” for “Commission”.

Pub. L. 103–82, § 203(a)(1)(A), substituted “the national service laws” for “this subchapter”.

Subsec. (f). Pub. L. 103–82, § 402(b)(1), substituted “Corporation” for “Commission”.

Subsec. (g). Pub. L. 103–82, § 402(b)(1), substituted “Corporation” for “Commission” in introductory provisions.

Pub. L. 103–82, § 118(2)(A), substituted “division C” for “part D” in introductory provisions.

Subsec. (g)(3), (9). Pub. L. 103–82, § 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, § 402(b)(1), substituted “Corporation” for “Commission”.

Subsecs. (i), (j). Pub. L. 103–82, § 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, § 9(1), substituted “subsection (j)” for “subsection (h)”.

Subsec. (d). Pub. L. 102–384, § 4, substituted “Commission” for “Secretary”.

Subsec. (f). Pub. L. 102–384, § 9(2), inserted “or post-service benefit” after “voucher”.

Subsec. (h)(1). Pub. L. 102–384, § 9(3)(A), substituted “this section” for “subsection (g) of this section”.

Subsec. (h)(2). Pub. L. 102–384, § 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.”

### 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 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.