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

in plain englishAI-generated · not legal advice

National service work cannot be used to directly benefit certain groups. These include for-profit businesses, labor unions, partisan political groups, and most religious activities. There is a narrow exception for Alaska Native regional corporations doing nonprofit work.

(a) In general. Except as subsection (b) allows, every application must promise that the program and its participants will not directly benefit: (1) a for-profit business; (2) a labor union; (3) a partisan political organization; (4) a religious organization — unless the assistance or participants are not used to (A) give religious instruction, (B) run worship services, (C) teach in a program that requires religious education or worship, (D) build or run facilities devoted to religious instruction or worship, or maintain facilities mainly used for that purpose, or (E) proselytize in any way; or (5) a nonprofit that does not follow the restrictions in section 501(c) of title 26 — though this rule does not stop participants from doing advocacy on their own initiative, outside the program. (b) Regional Corporation. The rule against benefiting for-profit businesses does not apply to a "Regional Corporation" as defined by the Alaska Native Claims Settlement Act, even though it is technically a for-profit corporation, as long as it is doing nonprofit activities.

the actual law source: uscode.house.gov ↗public domain

(a) In general

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—

(1)

business organized for profit;

(2)

labor union;

(3)

partisan political organization;

(4)

organization engaged in religious activities, unless such service does not involve the use of assistance provided under section 12571 of this title or participants—

(A)

to give religious instruction;

(B)

to conduct worship services;

(C)

to provide instruction as part of a program that includes mandatory religious education or worship;

(D)

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

(E)

to engage in any form of proselytization; or

(5)

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.

(b) Regional Corporation

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.)

history & why it existsrecord from the source credit

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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