42 U.S.C. § 12584 — Ineligible service categories
submitted 33 years ago by Pub. L. 101-610 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 277 words · no verdicts yet
Assisted programs may not directly benefit for-profit businesses, unions, partisan organizations, most religious activities, or noncompliant nonprofits. A limited exception applies to a qualifying Alaska Native corporation.
(a) Generally. Unless (b) applies, the applicant must assure that assisted programs and positions do not directly benefit: (1) a for-profit business; (2) a labor union; (3) a partisan political organization; (4) a religious organization, unless the service uses no section 12571 assistance or participants to give religious instruction, conduct worship, provide mandatory religious education or worship, build or operate religious facilities, maintain facilities primarily or inherently devoted to those purposes, or proselytize; or (5) a nonprofit that violates section 501(c) of title 26. Participants may still independently undertake advocacy. (b) Regional Corporation*. The for-profit-business assurance does not apply to an Alaska Native Claims Settlement Act Regional Corporation that is for-profit but engages in nonprofit activities.
Except as provided in subsection (b), an application submitted to the Corporation* under section 12582 of this title shall include an assurance by the applicant that any national service program carried out using assistance provided under section 12571 of this title and any approved national service position* provided to an applicant will not be used to perform service that provides a direct benefit to any—
business organized for profit;
labor union;
partisan political organization;
organization engaged in religious activities, unless such service does not involve the use of assistance provided under section 12571 of this title or participants—
to give religious instruction;
to conduct worship services;
to provide instruction as part of a program that includes mandatory religious education or worship;
to construct or operate facilities devoted to religious instruction or worship or to maintain facilities primarily or inherently devoted to religious instruction or worship; or
to engage in any form of proselytization; or
nonprofit organization that fails to comply with the restrictions contained in section 501(c) of title 26, except that nothing in this section shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative.
The requirement of subsection (a) relating to an assurance regarding direct benefits to businesses organized for profit shall not apply with respect to a Regional Corporation, as defined in section 3(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(g)), that is established in accordance with such Act [43 U.S.C. 1601 et seq.] as a for-profit corporation but that is engaging in nonprofit activities.
Source credit: (Pub. L. 101–610, title I, § 132, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 805.)
- 1993Enacted · Pub. L. 101-610 · 107 Stat. 805
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-610 on 1993-09-21.
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