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42 U.S.C. § 12511 — Definitions

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42 U.S.C. § 12511 — Definitions

§ 12511. Definitions For purposes of this subchapter: (1) Adult volunteer The term ‘‘adult volunteer’’ means an indi- vidual, such as an older adult, an individual with a disability, a parent, or an employee of a business or public or private nonprofit orga- nization, who— (A) works without financial remuneration in an educational institution to assist stu- dents or out-of-school youth; and (B) is beyond the age of compulsory school attendance in the State in which the edu- cational institution is located. (2) Alaska Native-serving institution The term ‘‘Alaska Native-serving institu- tion’’ has the meaning given the term in sec- tion 1059d(b) of title 20. (3) Approved national service position The term ‘‘approved national service posi- tion’’ means a national service position for which the Corporation has approved the provi- sion of a national service educational award described in section 12603 of this title as one of the benefits to be provided for successful serv- ice in the position. (4) Approved silver scholar position The term ‘‘approved silver scholar position’’ means a position, in a program described in section 12653c(a) of this title, for which the Corporation has approved the provision of a silver scholarship educational award as one of the benefits to be provided for successful serv- ice in the position. (5) Approved summer of service position The term ‘‘approved summer of service posi- tion’’ means a position, in a program described in section 12563(c)(8) of this title, for which the Corporation has approved the provision of a summer of service educational award as one of the benefits to be provided for successful serv- ice in the position. (6) Asian American and Native American Pa- cific Islander-serving institution The term

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Page 8298 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12511 (e) the Department of Commerce; (f) the Department of Labor; (g) the Department of Health and Human Services; (h) the Department of Housing and Urban Develop- ment; (i) the Department of Transportation; (j) the Department of Energy; (k) the Department of Education; (l) the Department of Veterans Affairs; (m) the Department of Homeland Security; (n) the Peace Corps; (o) the National Science Foundation; (p) the Office of Personnel Management; (q) the Environmental Protection Agency; (r) the White House Office of Cabinet Affairs; and (s) such other agencies and offices as the co-chairs may designate. SEC. 2. Mission and Function of the Task Force. (a) The Task Force shall: (i) identify existing, and, if appropriate, recommend new, policies or practices that support the expansion of national service and volunteer opportunities that align with the SAA and agency priorities; (ii) make recommendations on the most effective way to coordinate national service and volunteering pro- grams across the Federal Government; (iii) identify and develop opportunities for inter- agency agreements between CNCS and other agencies to support the expansion of national service and volun- teering; (iv) identify and develop public-private partnerships to support the expansion of national service and volun- teering; (v) identify and develop strategies to use innovation and technology to facilitate the ability of the public to participate in national service and volunteering activi- ties; and (vi) develop a mechanism to evaluate the effective- ness and cost-effectiveness of national service and vol- unteering interventions in achieving agency priorities, and aggregate and disseminate the results of that eval- uation. (b) Within 18 months of the date of this memo- randum, the Task Force shall provide the President with a report on the progress made with respect to the functions set forth in subsection (a) of this section. SEC. 3. Facilitating National Service and Volunteering Partnerships. (a) Each agency on the Task Force shall: (i) within 180 days of the date of this memorandum, consult with CNCS about how existing authorities and CNCS programs can be used to enter into interagency and public-private partnerships that allow for meaning- ful national service and volunteering opportunities, in- cluding participating in AmeriCorps, and help the agency achieve its mission; (ii) work with CNCS to evaluate the effectiveness and cost-effectiveness of such partnerships; and (iii) work with CNCS to identify ways in which the agency’s national service participants and volunteers can develop transferable skills, and also how national service can serve as a pipeline to employment inside and outside the Federal Government. (b) Where practicable, agencies may consider enter- ing into interagency agreements with CNCS to share program development and funding responsibilities, as authorized under 42 U.S.C. 12571(b)(1). SEC. 4. Recruitment of National Service Participants in the Civilian Career Services. In order to provide national service participants a means to pursue additional op- portunities to continue their public service through ca- reer civilian service, the Office of Personnel Manage- ment shall, within 120 days of the date of this memo- randum, issue guidance to agencies on developing and improving Federal recruitment strategies for partici- pants in national service. SEC. 5. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law or Executive Order to an agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Chief Executive Officer of CNCS is hereby au- thorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. SUBCHAPTER I—NATIONAL AND COMMU- NITY SERVICE STATE GRANT PROGRAM Division A—General Provisions § 12511. Definitions For purposes of this subchapter: (1) Adult volunteer The term ‘‘adult volunteer’’ means an indi- vidual, such as an older adult, an individual with a disability, a parent, or an employee of a business or public or private nonprofit orga- nization, who— (A) works without financial remuneration in an educational institution to assist stu- dents or out-of-school youth; and (B) is beyond the age of compulsory school attendance in the State in which the edu- cational institution is located. (2) Alaska Native-serving institution The term ‘‘Alaska Native-serving institu- tion’’ has the meaning given the term in sec- tion 1059d(b) of title 20. (3) Approved national service position The term ‘‘approved national service posi- tion’’ means a national service position for which the Corporation has approved the provi- sion of a national service educational award described in section 12603 of this title as one of the benefits to be provided for successful serv- ice in the position. (4) Approved silver scholar position The term ‘‘approved silver scholar position’’ means a position, in a program described in section 12653c(a) of this title, for which the Corporation has approved the provision of a silver scholarship educational award as one of the benefits to be provided for successful serv- ice in the position. (5) Approved summer of service position The term ‘‘approved summer of service posi- tion’’ means a position, in a program described in section 12563(c)(8) of this title, for which the Corporation has approved the provision of a summer of service educational award as one of the benefits to be provided for successful serv- ice in the position. (6) Asian American and Native American Pa- cific Islander-serving institution The term ‘‘Asian American and Native American Pacific Islander-serving institution’’ has the meaning given the term in section 1059g(b) of title 20. Page 8299 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12511 1 See References in Text note below. (7) Authorizing committees The term ‘‘authorizing committees’’ means the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (8) Carry out The term ‘‘carry out’’, when used in connec- tion with a national service program, means the planning, establishment, operation, expan- sion, or replication of the program. (9) Chief Executive Officer The term ‘‘Chief Executive Officer’’, except when used to refer to the chief executive offi- cer of a State, means the Chief Executive Offi- cer of the Corporation appointed under section 12651c of this title. (10) Community-based agency The term ‘‘community-based agency’’ means a private nonprofit organization (including a church or other religious entity) that— (A) is representative of a community or a significant segment of a community; and (B) is engaged in meeting human, edu- cational, environmental, or public safety community needs. (11) Community-based entity The term ‘‘community-based entity’’ means a public or private nonprofit organization that— (A) has experience with meeting unmet human, educational, environmental, or pub- lic safety needs; and (B) meets other such criteria as the Chief Executive Officer may establish. (12) Corporation The term ‘‘Corporation’’ means the Corpora- tion for National and Community Service es- tablished under section 12651 of this title. (13) Disadvantaged youth The term ‘‘disadvantaged youth’’ includes those youth who are economically disadvan- taged and 1 or more of the following: (A) Who are out-of-school youth, including out-of-school youth who are unemployed. (B) Who are in or aging out of foster care. (C) Who have limited English proficiency. (D) Who are homeless or who have run away from home. (E) Who are at-risk to leave secondary school without a diploma. (F) Who are former juvenile offenders or at risk of delinquency. (G) Who are individuals with disabilities. (14) Economically disadvantaged The term ‘‘economically disadvantaged’’ means, with respect to an individual, an indi- vidual who is determined by the Chief Execu- tive Officer to be low-income according to the latest available data from the Department of Commerce. (15) Elementary school The term ‘‘elementary school’’ has the same meaning given such term in section 7801 of title 20. (16) Encore service program The term ‘‘encore service program’’ means a program, carried out by an eligible entity as described in subsection (a), (b), or (c) of sec- tion 12572 of this title, that— (A) involves a significant number of par- ticipants age 55 or older in the program; and (B) takes advantage of the skills and expe- rience that such participants offer in the de- sign and implementation of the program. (17) Hispanic-serving institution The term ‘‘Hispanic-serving institution’’ has the meaning given such term in section 1101a(a) of title 20. (18) Historically black college or university The term ‘‘historically black college or uni- versity’’ means a part B institution, as defined in section 1061 of title 20. (19) Indian The term ‘‘Indian’’ means a person who is a member of an Indian tribe, or is a ‘‘Native’’, as defined in section 1602(b) of title 43. (20) Indian lands The term ‘‘Indian lands’’ means any real property owned by an Indian tribe, any real property held in trust by the United States for an Indian or Indian tribe, and any real prop- erty held by an Indian or Indian tribe that is subject to restrictions on alienation imposed by the United States. (21) Indian tribe The term ‘‘Indian tribe’’ means— (A) an Indian tribe, band, nation, or other organized group or community, including— (i) any Native village, as defined in sec- tion 1602(c) of title 43, whether organized traditionally or pursuant to the Act of June 18, 1934 (commonly known as the ‘‘In- dian Reorganization Act’’; 48 Stat. 984, chapter 576; 25 U.S.C 461 et seq.); 1 and (ii) any Regional Corporation or Village Corporation, as defined in subsection (g) or (j), respectively, of section 1602 of title 43, that is recognized as eligible for the special programs and services provided by the United States under Federal law to Indians because of their status as Indians; and (B) any tribal organization controlled, sanctioned, or chartered by an entity de- scribed in subparagraph (A). (22) Individual with a disability Except as provided in section 12635(a) of this title, the term ‘‘individual with a disability’’ has the meaning given the term in section 705(20)(B) of title 29. (23) Institution of higher education The term ‘‘institution of higher education’’ has the same meaning given such term in sec- tions 1001(a) and 1002(a)(1) of title 20. (24) Local educational agency The term ‘‘local educational agency’’ has the same meaning given such term in section 7801 of title 20. Page 8300 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12511 (25) Medically underserved population The term ‘‘medically underserved popu- lation’’ has the meaning given that term in section 254b(b)(3) of this title. (26) National service laws The term ‘‘national service laws’’ means this chapter and the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.). (27) Native American-serving, nontribal insti- tution The term ‘‘Native American-serving, non- tribal institution’’ has the meaning given the term in section 1059f(b) of title 20. (28) Native Hawaiian-serving institution The term ‘‘Native Hawaiian-serving institu- tion’’ has the meaning given the term in sec- tion 1059d(b) of title 20. (29) Out-of-school youth The term ‘‘out-of-school youth’’ means an individual who— (A) has not attained the age of 27; (B) has not completed college or the equiv- alent thereof; and (C) is not enrolled in an elementary or sec- ondary school or institution of higher edu- cation. (30) Participant (A) In general The term ‘‘participant’’ means— (i) for purposes of division C, an indi- vidual in an approved national service po- sition; and (ii) for purposes of any other provision of this chapter, an individual enrolled in a program that receives assistance under this subchapter. (B) Rule A participant shall not be considered to be an employee of the organization receiving assistance under the national service laws through which the participant is engaging in service. (31) Partnership program The term ‘‘partnership program’’ means a program through which an adult volunteer, a public or private nonprofit organization, an institution of higher education, or a business assists a local educational agency. (32) Predominantly Black Institution The term ‘‘Predominantly Black Institu- tion’’ has the meaning given the term in sec- tion 1059e of title 20. (33) Principles of scientific research The term ‘‘principles of scientific research’’ means principles of research that— (A) apply rigorous, systematic, and objec- tive methodology to obtain reliable and valid knowledge relevant to the subject mat- ter involved; (B) present findings and make claims that are appropriate to, and supported by, the methods that have been employed; and (C) include, appropriate to the research being conducted— (i) use of systematic, empirical methods that draw on observation or experiment; (ii) use of data analyses that are ade- quate to support the general findings; (iii) reliance on measurements or obser- vational methods that provide reliable and generalizable findings; (iv) strong claims of causal relation- ships, only with research designs that eliminate plausible competing expla- nations for observed results, such as, but not limited to, random-assignment experi- ments; (v) presentation of studies and methods in sufficient detail and clarity to allow for replication or, at a minimum, to offer the opportunity to build systematically on the findings of the research; (vi) acceptance by a peer-reviewed jour- nal or critique by a panel of independent experts through a comparably rigorous, objective, and scientific review; and (vii) consistency of findings across mul- tiple studies or sites to support the gen- erality of results and conclusions. (34) Program The term ‘‘program’’, unless the context otherwise requires, and except when used as part of the term ‘‘academic program’’, means a program described in section 12523(a) of this title (other than a program referred to in paragraph (3)(B) of such section), 12561a, or 12561(b)(1), or subsection (a), (b), or (c) of sec- tion 12572 of this title, or in paragraph (1) or (2) of section 12612(b) of this title, section 12653b of this title, 12653c of this title, 198G,1 12653h of this title, or 12653k of this title, or an activity that could be funded under section 12639a, 12653, 12653o, 12653p, or 12657 of this title. (35) Project The term ‘‘project’’ means an activity, car- ried out through a program that receives as- sistance under this subchapter, that results in a specific identifiable service or improvement that otherwise would not be done with exist- ing funds, and that does not duplicate the rou- tine services or functions of the employer to whom participants are assigned. (36) Qualified organization The term ‘‘qualified organization’’ means a public or private nonprofit organization with experience working with school-age youth that meets such criteria as the Chief Execu- tive Officer may establish. (37) School-age youth The term ‘‘school-age youth’’ means— (A) individuals between the ages of 5 and 17, inclusive; and (B) children with disabilities, as defined in section 602(3) of the Individuals with Disabil- ities Education Act (20 U.S.C. 1401(3)), who receive services under part B of such Act [20 U.S.C. 1411 et seq.]. (38) Scientifically valid research The term ‘‘scientifically valid research’’ in- cludes applied research, basic research, and field-initiated research in which the rationale, Page 8301 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12511 design, and interpretation are soundly devel- oped in accordance with principles of sci- entific research. (39) Secondary school The term ‘‘secondary school’’ has the same meaning given such term in section 7801 of title 20. (40) Service-learning The term ‘‘service-learning’’ means a meth- od— (A) under which students or participants learn and develop through active participa- tion in thoughtfully organized service that— (i) is conducted in and meets the needs of a community; (ii) is coordinated with an elementary school, secondary school, institution of higher education, or community service program, and with the community; and (iii) helps foster civic responsibility; and (B) that— (i) is integrated into and enhances the academic curriculum of the students, or the educational components of the com- munity service program in which the par- ticipants are enrolled; and (ii) provides structured time for the stu- dents or participants to reflect on the service experience. (41) Service-learning coordinator The term ‘‘service-learning coordinator’’ means an individual who provides services as described in subsection (a)(3) or (b) of section 12523 of this title. (42) Service sponsor The term ‘‘service sponsor’’ means an orga- nization, or other entity, that has been se- lected to provide a placement for a partici- pant. (43) State The term ‘‘State’’ means each of the several States, the District of Columbia, the Common- wealth of Puerto Rico, the United States Vir- gin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Is- lands. (44) State Commission The term ‘‘State Commission’’ means a State Commission on National and Commu- nity Service maintained by a State pursuant to section 12638 of this title. Except when used in section 12638 of this title, the term includes an alternative administrative entity for a State approved by the Corporation under such section to act in lieu of a State Commission. (45) State educational agency The term ‘‘State educational agency’’ has the same meaning given such term in section 7801 of title 20. (46) Student The term ‘‘student’’ means an individual who is enrolled in an elementary or secondary school or institution of higher education on a full- or part-time basis. (47) Territory The term ‘‘territory’’ means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the North- ern Mariana Islands. (48) Tribally controlled college or university The term ‘‘tribally controlled college or uni- versity’’ has the meaning given such term in section 1801 of title 25. (49) Veteran The term ‘‘veteran’’ has the meaning given the term in section 101 of title 38. (Pub. L. 101–610, title I, § 101, Nov. 16, 1990, 104 Stat. 3129; Pub. L. 102–10, § 3, Mar. 12, 1991, 105 Stat. 29; Pub. L. 102–384, § 3, Oct. 5, 1992, 106 Stat. 1455; Pub. L. 103–82, title I, § 111(a), Sept. 21, 1993, 107 Stat. 857; Pub. L. 103–382, title III, § 394(h)(1), Oct. 20, 1994, 108 Stat. 4028; Pub. L. 105–220, title IV, § 414(g), Aug. 7, 1998, 112 Stat. 1242; Pub. L. 105–244, title I, § 102(a)(13)(K), Oct. 7, 1998, 112 Stat. 1621; Pub. L. 107–110, title X, § 1076(ff), Jan. 8, 2002, 115 Stat. 2093; Pub. L. 108–446, title III, § 305(m), Dec. 3, 2004, 118 Stat. 2806; Pub. L. 111–13, title I, § 1102, Apr. 21, 2009, 123 Stat. 1464; Pub. L. 114–95, title IX, § 9215(bbb)(1), Dec. 10, 2015, 129 Stat. 2184.) Editorial Notes REFERENCES IN TEXT Act of June 18, 1934 (commonly known as the ‘‘Indian Reorganization Act’’; 48 Stat. 984, chapter 576; 25 U.S.C 461 et seq.), referred to in par. (21)(A)(i), is act June 18, 1934, ch. 576, 48 Stat. 984, which was classified generally to subchapter V (§ 461 et seq.) of chapter 14 of Title 25, Indians, prior to editorial reclassification as chapter 45 (§ 5101 et seq.) of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of Title 25 and Tables. This chapter, referred to in pars. (26) and (30)(A)(ii), was in the original ‘‘this Act’’, meaning Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of this title and Tables. The Domestic Volunteer Service Act of 1973, referred to in par. (26), 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 sec- tion 4950 of this title and Tables. Section 198G, referred to in par. (34), is unidentifiable in the original, since Pub. L. 101–610 does not contain a section 198G. The Individuals with Disabilities Education Act, re- ferred to in par. (37)(B), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175. Part B of the Act is classified generally to subchapter II (§ 1411 et seq.) of chapter 33 of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Ta- bles. AMENDMENTS 2015—Pars. (15), (24), (39), (45). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20. 2009—Pub. L. 111–13, § 1102(b), redesignated pars. (1) to (49) as (1), (3), (8), (9), (10), (12), (14), (15), (19), (20), (21), (22), (23), (24), (26), (29), (30), (31), (34), (35), (37), (39), (40), (41), (42), (43), (44), (45), (46), (2), (4), (5), (6), (7), (11), (13), (16), (17), (18), (25), (27), (28), (32), (33), (36), (38), (47), (48), and (49), respectively, and rearranged pars. in numer- ical order. Par. (3). Pub. L. 111–13, § 1102(a)(1), struck out ‘‘de- scribed in section 12572 of this title’’ after ‘‘service pro- gram’’. Par. (13). Pub. L. 111–13, § 1102(a)(2), which directed substitution of ‘‘sections 1001(a) and 1002(a)(1) of title Page 8302 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12512 20’’ for ‘‘section 1001(a) of title 20’’, was executed by making the substitution for ‘‘section 1001 of title 20’’ to reflect the probable intent of Congress. Par. (17)(B). Pub. L. 111–13, § 1102(a)(3), substituted ‘‘organization receiving assistance under the national service laws through which the participant is engaging in service’’ for ‘‘program in which the participant is en- rolled’’. Par. (19). Pub. L. 111–13, § 1102(a)(4), substituted ‘‘sec- tion 12523(a) of this title’’ for ‘‘section 12521(a) of this title’’, struck out ‘‘12542(a),’’ after ‘‘(3)(B) of such sec- tion),’’, substituted ‘‘12561a, or 12561(b)(1), or subsection (a), (b), or (c) of section 12572 of this title,’’ for ‘‘12561(b)(1), or 12572(a) of this title,’’, inserted ‘‘section 12653b of this title, 12653c of this title, 198G, 12653h of this title, or 12653k of this title,’’ after ‘‘section 12612(b) of this title,’’, and substituted ‘‘12639a, 12653, 12653o, 12653p, or 12657’’ for ‘‘12653, 12653c, or 12653d’’. Par. (21)(B). Pub. L. 111–13, § 1102(a)(5), substituted ‘‘602(3)’’ for ‘‘602’’ and ‘‘1401(3)’’ for ‘‘1401’’. Par. (24). Pub. L. 111–13, § 1102(a)(6), substituted ‘‘sec- tion 12523 of this title’’ for ‘‘section 12521 of this title’’. Par. (26). Pub. L. 111–13, § 1102(a)(7), struck out ‘‘The term also includes Palau, until such time as the Com- pact of Free Association is ratified.’’ at end. Pars. (30) to (49). Pub. L. 111–13, § 1102(a)(8), added pars. (30) to (49). 2004—Par. (21)(B). Pub. L. 108–446 substituted ‘‘section 602’’ for ‘‘section 602(a)(1)’’ and ‘‘1401’’ for ‘‘1401(a)(1)’’. 2002—Pars. (8), (14), (22), (28). Pub. L. 107–110 sub- stituted ‘‘section 7801 of title 20’’ for ‘‘section 8801 of title 20’’. 1998—Par. (12). Pub. L. 105–220 substituted ‘‘section 705(20)(B) of title 29’’ for ‘‘section 706(8)(B) of title 29’’. Par. (13). Pub. L. 105–244 substituted ‘‘section 1001’’ for ‘‘section 1141(a)’’. 1994—Par. (8). Pub. L. 103–382, § 394(h)(1)(A), sub- stituted ‘‘section 8801 of title 20’’ for ‘‘section 2891(8) of title 20’’. Par. (14). Pub. L. 103–382, § 394(h)(1)(B), substituted ‘‘section 8801 of title 20’’ for ‘‘section 2891(12) of title 20’’. Par. (22). Pub. L. 103–382, § 394(h)(1)(C), substituted ‘‘section 8801 of title 20’’ for ‘‘section 2891(21) of title 20’’. Par. (28). Pub. L. 103–382, § 394(h)(1)(D), substituted ‘‘section 8801 of title 20’’ for ‘‘section 2891(23) of title 20’’. 1993—Pub. L. 103–82 amended section generally, sub- stituting provisions consisting of 29 definitions of terms used in this subchapter for former provisions consisting of 30 definitions. 1992—Par. (29). Pub. L. 102–384, § 3(1), added par. (29) and struck out former par. (29) which read as follows: ‘‘The term ‘summer program’ means a youth corps pro- gram authorized under this subchapter that is limited to the months of June, July, and August.’’ Par. (30). Pub. L. 102–384, § 3(2), substituted ‘‘living al- lowances’’ for ‘‘stipends’’. 1991—Par. (7). Pub. L. 102–10, § 3(1), added par. (7). Former par. (7) redesignated (8). Par. (8). Pub. L. 102–10, § 3(2), (3), redesignated par. (7) as (8) and inserted ‘‘an Indian or’’ before ‘‘Indian tribes’’ in two places. Former par. (8) redesignated (9). Pars. (9) to (13). Pub. L. 102–10, § 3(2), redesignated pars. (8) to (12) as (9) to (13), respectively. Former par. (13) redesignated (14). Par. (14). Pub. L. 102–10, § 3(2), (4), redesignated par. (13) as (14) and inserted at end ‘‘Participants shall not be considered employees of the program.’’ Former par. (14) redesignated (15). Pars. (15) to (22). Pub. L. 102–10, § 3(2), redesignated pars. (14) to (21) as (15) to (22), respectively. Former par. (22) redesignated (23). Par. (23). Pub. L. 102–10, § 3(5), which directed the sub- stitution of ‘‘participants’’ for ‘‘students or out of school youth’’, was executed by making the substi- tution for ‘‘students or out-of-school youth’’ to reflect the probable intent of Congress. Pub. L. 102–10, § 3(2), redesignated par. (22) as (23). Former par. (23) redesignated (24). Par. (24). Pub. L. 102–10, § 3(2), (6), redesignated par. (23) as (24) and in heading and text substituted ‘‘partici- pant’’ for ‘‘member’’. Former par. (24) redesignated (25). Pars. (25) to (29). Pub. L. 102–10, § 3(2), redesignated pars. (24) to (28) as (25) to (29), respectively. Former par. (29) redesignated (30). Par. (30). Pub. L. 102–10, § 3(2), (7), redesignated par. (29) as (30) and inserted ‘‘corps’’ after ‘‘youth service’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. 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 2002 AMENDMENT Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under sec- tion 6301 of Title 20, Education. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by 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. § 12512. Repealed. Pub. L. 103–82, title I, § 112, Sept. 21, 1993, 107 Stat. 861 Section, Pub. L. 101–610, title I, § 102, Nov. 16, 1990, 104 Stat. 3132, authorized Commission to make grants to carry out programs under parts B, C, D, and E of this subchapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal 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. § 12513. Study of program effectiveness (a) In general Not later than 12 months after April 21, 2009, the Comptroller General of the United States shall develop performance measures for each program receiving Federal assistance under the national service laws. (b) Contents The performance measures developed under subsection (a) shall— (1) to the maximum extent practicable draw on research-based, quantitative data;

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1401 — Definitions

Except as otherwise provided, in this chapter: (1) **Assistive technology device** (A) *In general* — The term “assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability. (B) *Exception* — The term does not include a medical device that is surgically implanted, or the replacement of such device. (2) **Assistive technology service** — The term “assistive technology service” means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the needs of such child, including a functional evaluation of the child in the child’s customary environment; (B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child; (C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; (D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; (E) training or technical assistance for such child, or, where appropriate, the family of such child; and (F) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of such child. (3) **Child with a disability** (A) *In general* — The term “child with a disabil

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1401 — Definitions

§ 1401. Definitions Except as otherwise provided, in this chapter: (1) Assistive technology device (A) In general The term ‘‘assistive technology device’’ means any item, piece of equipment, or product system, whether acquired commer- cially off the shelf, modified, or customized, that is used to increase, maintain, or im- prove functional capabilities of a child with a disability. (B) Exception The term does not include a medical de- vice that is surgically implanted, or the re- placement of such device. (2) Assistive technology service The term ‘‘assistive technology service’’ means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the needs of such child, including a functional evaluation of the child in the child’s customary environ- ment; (B) purchasing, leasing, or otherwise pro- viding for the acquisition of assistive tech- nology devices by such child; (C) selecting, designing, fitting, custom- izing, adapting, applying, maintaining, re- pairing, or replacing assistive technology de- vices; (D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; (E) training or technical assistance for such child, or, where appropriate, the family of such child; and (F) training or technical assistance for professionals (including individuals pro- viding education and rehabilitation serv- ices), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life func- tions of such child. (3) Child with a disability (A) In genera

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1411 — Authorization; allotment; use of funds; authorization of appropriations

**(a) Grants to States** (1) **Purpose of grants** — The Secretary shall make grants to States, outlying areas, and freely associated States, and provide funds to the Secretary of the Interior, to assist them to provide special education and related services to children with disabilities in accordance with this subchapter. (2) **Maximum amount** — The maximum amount of the grant a State may receive under this section— (A) for fiscal years 2005 and 2006 is— (i) the number of children with disabilities in the State who are receiving special education and related services— (I) aged 3 through 5 if the State is eligible for a grant under [section 1419 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1419&num=0&edition=prelim); and (II) aged 6 through 21; multiplied by (ii) 40 percent of the average per-pupil expenditure in public elementary schools and secondary schools in the United States; and (B) for fiscal year 2007 and subsequent fiscal years is— (i) the number of children with disabilities in the 2004–2005 school year in the State who received special education and related services— (I) aged 3 through 5 if the State is eligible for a grant under [section 1419 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1419&num=0&edition=prelim); and (II) aged 6 through 21; multiplied by (ii) 40 percent of the average per-pupil expenditure in public elementary schools and secondary schools in the United States; adjusted by (iii) the rate of annual change in the sum of— (I) 85 percent of such State’s population described in subsection (d)(3)(A)(i)(II); and (II) 15 percent of such State’s population described in subsection (d)

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1411 — Authorization; allotment; use of funds; au-

§ 1411. Authorization; allotment; use of funds; au- thorization of appropriations (a) Grants to States (1) Purpose of grants The Secretary shall make grants to States, outlying areas, and freely associated States, and provide funds to the Secretary of the Inte- rior, to assist them to provide special edu- cation and related services to children with disabilities in accordance with this sub- chapter. (2) Maximum amount The maximum amount of the grant a State may receive under this section— (A) for fiscal years 2005 and 2006 is— (i) the number of children with disabil- ities in the State who are receiving special education and related services— (I) aged 3 through 5 if the State is eli- gible for a grant under section 1419 of this title; and (II) aged 6 through 21; multiplied by (ii) 40 percent of the average per-pupil expenditure in public elementary schools and secondary schools in the United States; and (B) for fiscal year 2007 and subsequent fis- cal years is— (i) the number of children with disabil- ities in the 2004–2005 school year in the State who received special education and related services— (I) aged 3 through 5 if the State is eli- gible for a grant under section 1419 of this title; and (II) aged 6 through 21; multiplied by (ii) 40 percent of the average per-pupil expenditure in public elementary schools and secondary schools in the United States; adjusted by (iii) the rate of annual change in the sum of— (I) 85 percent of such State’s popu- lation described in subsection (d)(3)(A)(i)(II); and (II) 15 percent of such State’s popu- lation described in subsection (d)(3)(A)(i)(III). (b) Outlying areas and freely associated States; Secretary of the Interior (1) Outlying areas and freely associated States (A) Funds reserved Fr

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 461 — Transferred

### Statutory Notes #### Codification Section 461 was editorially reclassified as [section 5101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5101&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 461 — Transferred

§ 461. Transferred Editorial Notes CODIFICATION Section 461 was editorially reclassified as section 5101 of this title. § 462. Transferred Editorial Notes CODIFICATION Section 462 was editorially reclassified as section 5102 of this title.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12511 — Findings and purpose

**(a) Findings** The Congress finds the following: (1) Throughout the United States, there are pressing unmet human, educational, environmental, and public safety needs. (2) Americans desire to affirm common responsibilities and shared values, and join together in positive experiences, that transcend race, religion, gender, age, disability, region, income, and education. (3) The rising costs of postsecondary education are putting higher education out of reach for an increasing number of citizens. (4) Americans of all ages can improve their communities and become better citizens through service to the United States. (5) Nonprofit organizations, local governments, States, and the Federal Government are already supporting a wide variety of national service programs that deliver needed services in a cost-effective manner. (6) Residents of low-income communities, especially youth and young adults, can be empowered through their service, and can help provide future community leadership. **(b) Purpose** It is the purpose of this chapter to— (1) meet the unmet human, educational, environmental, and public safety needs of the United States, without displacing existing workers; (2) renew the ethic of civic responsibility and the spirit of community and service throughout the varied and diverse communities of the United States; (3) expand educational opportunity by rewarding individuals who participate in national service with an increased ability to pursue higher education or job training; (4) encourage citizens of the United States, regardless of age, income, geographic location, or disability, to engage in full-time or part-time national service; (5) reinvent government to eliminate duplication, support locally established initiatives, require measurable goals for p

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12571 — Repealed. Pub. L. 113–188, title III, § 301(a), Nov. 26, 2014, 128 Stat. 2018

### Statutory Notes Section, Pub. L. 101–610, title I, § 120, as added Pub. L. 111–13, title I, § 1205, Apr. 21, 2009, 123 Stat. 1483, provided for a 10-year longitudinal study and reports on the impact of the activities carried out under this division.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12571 — Authority to provide assistance and ap-

§ 12571. Authority to provide assistance and ap- proved national service positions (a) Provision of assistance Subject to the availability of appropriations for this purpose, the Corporation for National and Community Service may make grants to States, subdivisions of States, territories, In- dian tribes, public or private nonprofit organiza- tions, and institutions of higher education for the purpose of assisting the recipients of the grants— (1) to carry out full- or part-time national service programs, including summer programs, described in subsection (a), (b), or (c) of sec- tion 12572 of this title; and (2) to make grants in support of other na- tional service programs described in sub- section (a), (b), or (c) of section 12572 of this title that are carried out by other entities. (b) Restrictions on agreements with Federal agencies (1) Agreements authorized The Corporation may enter into an inter- agency agreement (other than a grant agree- ment) with another Federal agency to support a national service program carried out or oth- erwise supported by the agency. The Corpora- tion, in entering into the interagency agree- ment may approve positions as approved na- tional service positions for a program carried out or otherwise supported by the agency. (2) Prohibition on grants The Corporation may not provide a grant under this section to a Federal agency. (3) Consultation with State Commissions A Federal agency carrying out or supporting a national service program shall consult with the State Commissions for those States in which projects will be conducted through that program in order to ensure that the projects do not duplicate projects conducted by State or local national service programs. (4) Support for other national service pro-

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12571

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4950 — Repealed. Pub. L. 103–82, title III, § 385, Sept. 21, 1993, 107 Stat. 915

### Statutory Notes Section 5091, Pub. L. 93–113, title VII, § 701, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3172, set forth purpose of this subchapter. Section 5091a, Pub. L. 93–113, title VII, § 702, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3173, authorized Federal grants for Youthbuild projects. Section 5091b, Pub. L. 93–113, title VII, § 703, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3173, related to service in construction and rehabilitation projects. Section 5091c, Pub. L. 93–113, title VII, § 704, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3174, related to education and job training services. Section 5091d, Pub. L. 93–113, title VII, § 705, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3174, set forth permitted uses of funds provided under this subchapter. Section 5091e, Pub. L. 93–113, title VII, § 706, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3175, set forth eligibility requirements for participants. Section 5091f, Pub. L. 93–113, title VII, § 707, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3175, provided living allowance for full-time program participants. Section 5091g, Pub. L. 93–113, title VII, § 708, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, directed that services and activities be carried out through arrangements or under contracts with certain entities. Section 5091h, Pub. L. 93–113, title VII, § 709, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, directed prescribing of standards for evaluating performance of projects. Section 5091i, Pub. L. 93–113, title VII, § 710, as added Pub. L. 101–610, title II, § 211,

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