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42 U.S.C. § 12511Definitions

submitted 36 years ago by Pub. L. 101-610 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 2,207 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines 49 terms used throughout the national service laws, covering who counts as a volunteer, participant, or student, which institutions and agencies are involved, and what programs, projects, and service-learning mean. It does not create any new rules — it only explains what words mean elsewhere in this subchapter.

This section defines terms used throughout this subchapter. (1) Adult volunteer. Someone — like an older adult, a person with a disability, a parent, or a worker at a business or nonprofit — who helps students or out-of-school youth at a school without pay, and who is past the age the State requires kids to be in school. (2) Alaska Native-serving institution. Has the meaning given in a different law, section 1059d(b) of title 20. (3) Approved national service position. A national service position for which the Corporation has approved a national service educational award (described in section 12603) as a benefit for finishing the service. (4) Approved silver scholar position. A position in a program described in section 12653c(a) for which the Corporation has approved a silver scholarship educational award as a benefit for finishing the service. (5) Approved summer of service position. A position in a program described in section 12563(c)(8) for which the Corporation has approved a summer of service educational award as a benefit for finishing the service. (6) Asian American and Native American Pacific Islander-serving institution. Has the meaning given in section 1059g(b) of title 20. (7) Authorizing committees. The House Committee on Education and Labor and the Senate Committee on Health, Education, Labor, and Pensions. (8) Carry out. When used about a national service program, this means planning, starting, running, expanding, or repeating the program. (9) Chief Executive Officer. The Chief Executive Officer of the Corporation, appointed under section 12651c — not the chief executive of a State. (10) Community-based agency. A private nonprofit (including a church or other religious group) that represents a community or a large part of one, and works to meet human, education, environmental, or public safety needs there. (11) Community-based entity. A public or private nonprofit that has experience meeting unmet human, education, environmental, or public safety needs, and meets any other rules the Chief Executive Officer sets. (12) Corporation. The Corporation for National and Community Service, set up under section 12651. (13) Disadvantaged youth. Economically disadvantaged youth who are also at least one of: out-of-school (including unemployed); in or aging out of foster care; limited in English; homeless or a runaway; at risk of not finishing high school; a former juvenile offender or at risk of delinquency; or a person with a disability. (14) Economically disadvantaged. Someone the Chief Executive Officer decides is low-income, based on the latest Commerce Department data. (15) Elementary school. Has the same meaning as in section 7801 of title 20. (16) Encore service program. A program under section 12572(a), (b), or (c) that involves a significant number of participants age 55 or older, and uses their skills and experience to help design and run the program. (17) Hispanic-serving institution. Has the meaning given in section 1101a(a) of title 20. (18) Historically black college or university. A "part B institution" as defined in section 1061 of title 20. (19) Indian. A person who belongs to an Indian tribe, or who is a "Native" as defined in section 1602(b) of title 43. (20) Indian lands. Any real property owned by an Indian tribe, held in trust by the United States for an Indian or tribe, or held by an Indian or tribe under U.S. restrictions on sale. (21) Indian tribe. (A) An organized Indian group, band, nation, or community — including any Native village as defined in section 1602(c) of title 43, and any Regional or Village Corporation defined in section 1602(g) or (j) of title 43, that is recognized as eligible for special federal Indian programs; and (B) any tribal organization controlled, approved, or chartered by such a group. (22) Individual with a disability. Except as section 12635(a) says otherwise, has the meaning given in section 705(20)(B) of title 29. (23) Institution of higher education. Has the same meaning as in sections 1001(a) and 1002(a)(1) of title 20. (24) Local educational agency. Has the same meaning as in section 7801 of title 20. (25) Medically underserved population. Has the meaning given in section 254b(b)(3) of this title. (26) National service laws. This chapter, plus the Domestic Volunteer Service Act of 1973. (27) Native American-serving, nontribal institution. Has the meaning given in section 1059f(b) of title 20. (28) Native Hawaiian-serving institution. Has the meaning given in section 1059d(b) of title 20. (29) Out-of-school youth. Someone who: (A) is under 27; (B) has not finished college or the equivalent; and (C) is not currently enrolled in an elementary school, secondary school, or college. (30) Participant. (A) For division C of this chapter, someone in an approved national service position; for any other part of this chapter, someone enrolled in a program that gets money under this subchapter. (B) A participant is not counted as an employee of the organization they are serving through. (31) Partnership program. A program where an adult volunteer, a nonprofit, a college, or a business helps a local school agency. (32) Predominantly Black Institution. Has the meaning given in section 1059e of title 20. (33) Principles of scientific research. Research methods that: (A) are rigorous, systematic, and objective, aimed at reliable, valid knowledge; (B) present findings and claims that match the methods actually used; and (C) as fits the research, use systematic and empirical methods, use data analysis strong enough to support the findings, use measurements that give reliable and generalizable results, make strong cause-and-effect claims only from designs (like random-assignment experiments) that rule out other explanations, describe studies clearly enough to be repeated or built on, are accepted by a peer-reviewed journal or reviewed by an independent expert panel, and hold up across multiple studies or sites. (34) Program. Unless context requires otherwise, and except within the term "academic program," this means a program described in a list of specific sections of this chapter (12523(a), 12561a, 12561(b)(1), 12572(a)/(b)/(c), 12612(b)(1)/(2), 12653b, 12653c, 198G, 12653h, or 12653k), or an activity that could be funded under sections 12639a, 12653, 12653o, 12653p, or 12657. (35) Project. An activity carried out through a program funded under this subchapter that results in a specific, identifiable service or improvement that would not otherwise happen with existing funds, and that does not duplicate the routine work of the employer the participants are assigned to. (36) Qualified organization. A public or private nonprofit with experience working with school-age youth that meets criteria the Chief Executive Officer sets. (37) School-age youth. (A) People between ages 5 and 17; and (B) children with disabilities, as defined in the Individuals with Disabilities Education Act, who get services under Part B of that Act. (38) Scientifically valid research. Applied, basic, or field-initiated research whose design, methods, and conclusions are properly built according to the "principles of scientific research" defined above. (39) Secondary school. Has the same meaning as in section 7801 of title 20. (40) Service-learning. A teaching method where (A) students or participants learn through organized service that meets a real community need, is coordinated with a school or community program, and builds civic responsibility, and (B) that service is built into the academic curriculum (or the program's educational parts) and gives structured time to reflect on the experience. (41) Service-learning coordinator. Someone who provides the services described in section 12523(a)(3) or (b). (42) Service sponsor. An organization or other group chosen to provide a placement for a participant. (43) State. Each of the 50 states, plus the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. (44) State Commission. A State Commission on National and Community Service that a State keeps under section 12638. Outside of section 12638 itself, the term also covers an alternative administrative body the Corporation has approved to act in a Commission's place. (45) State educational agency. Has the same meaning as in section 7801 of title 20. (46) Student. Someone enrolled full- or part-time in an elementary school, secondary school, or college. (47) Territory. The U.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. (48) Tribally controlled college or university. Has the meaning given in section 1801 of title 25. (49) Veteran. Has the meaning given in section 101 of title 38.
the actual law source: uscode.house.gov ↗public domain

For purposes of this subchapter:

(1) Adult volunteer

The term “adult volunteer” means an individual, such as an older adult, an individual with a disability, a parent, or an employee of a business or public or private nonprofit organization, who—

(A)

works without financial remuneration in an educational institution to assist students or out-of-school youth; and

(B)

is beyond the age of compulsory school attendance in the State in which the educational institution is located.

(2) Alaska Native-serving institution

The term “Alaska Native-serving institution” has the meaning given the term in section 1059d(b) of title 20.

(3) Approved national service position

The term “approved national service position” means a national service position for which the Corporation has approved the provision of a national service educational award described in section 12603 of this title as one of the benefits to be provided for successful service 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 service in the position.

(5) Approved summer of service position

The term “approved summer of service position” 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 service in the position.

(6) Asian American and Native American Pacific 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.

(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 connection with a national service program, means the planning, establishment, operation, expansion, or replication of the program.

(9) Chief Executive Officer

The term “Chief Executive Officer”, except when used to refer to the chief executive officer of a State, means the Chief Executive Officer 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, educational, 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 public safety needs; and

(B)

meets other such criteria as the Chief Executive Officer may establish.

(12) Corporation

The term “Corporation” means the Corporation for National and Community Service established under section 12651 of this title.

(13) Disadvantaged youth

The term “disadvantaged youth” includes those youth who are economically disadvantaged 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 individual who is determined by the Chief Executive 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 section 12572 of this title, that—

(A)

involves a significant number of participants age 55 or older in the program; and

(B)

takes advantage of the skills and experience that such participants offer in the design 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 university” 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 property 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 section 1602(c) of title 43, whether organized traditionally or pursuant to the Act of June 18, 1934 (commonly known as the “Indian 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 described 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 sections 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.

(25) Medically underserved population

The term “medically underserved population” 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 institution

The term “Native American-serving, nontribal institution” has the meaning given the term in section 1059f(b) of title 20.

(28) Native Hawaiian-serving institution

The term “Native Hawaiian-serving institution” has the meaning given the term in section 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 equivalent thereof; and

(C)

is not enrolled in an elementary or secondary school or institution of higher education.

(30) Participant
(A) In general

The term “participant” means—

(i)

for purposes of division C, an individual in an approved national service position; 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 Institution” has the meaning given the term in section 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 objective methodology to obtain reliable and valid knowledge relevant to the subject matter 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 adequate to support the general findings;

(iii)

reliance on measurements or observational methods that provide reliable and generalizable findings;

(iv)

strong claims of causal relationships, only with research designs that eliminate plausible competing explanations for observed results, such as, but not limited to, random-assignment experiments;

(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 journal or critique by a panel of independent experts through a comparably rigorous, objective, and scientific review; and

(vii)

consistency of findings across multiple studies or sites to support the generality 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 section 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, carried out through a program that receives assistance under this subchapter, that results in a specific identifiable service or improvement that otherwise would not be done with existing funds, and that does not duplicate the routine 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 Executive 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 Disabilities 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” includes applied research, basic research, and field-initiated research in which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific 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 method—

(A)

under which students or participants learn and develop through active participation 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 community service program in which the participants are enrolled; and

(ii)

provides structured time for the students 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 organization, or other entity, that has been selected to provide a placement for a participant.

(43) State

The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(44) State Commission

The term “State Commission” means a State Commission on National and Community 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 Northern Mariana Islands.

(48) Tribally controlled college or university

The term “tribally controlled college or university” 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-610 · 104 Stat. 3129
  • 1991Amended · Pub. L. 102-10 · 105 Stat. 29
  • 1992Amended · Pub. L. 102-384 · 106 Stat. 1455
  • 1993Amended · Pub. L. 103-82 · 107 Stat. 857
  • 1994Amended · Pub. L. 103-382 · 108 Stat. 4028
  • 1998Amended · Pub. L. 105-220 · 112 Stat. 1242
  • 1998Amended · Pub. L. 105-244 · 112 Stat. 1621
  • 2002Amended · Pub. L. 107-110 · 115 Stat. 2093
  • 2004Amended · Pub. L. 108-446 · 118 Stat. 2806
  • 2009Amended · Pub. L. 111-13 · 123 Stat. 1464
  • 2015Amended · Pub. L. 114-95 · 129 Stat. 2184

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-610 on 1990-11-16.

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