42 U.S.C. § 12639 — Evaluation
submitted 36 years ago by Pub. L. 101-610 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,685 words · no verdicts yet
The Corporation must continuously evaluate covered programs, including their impact, costs, delivery, and performance. It must set performance levels, provide corrective help, and reduce or end assistance when a recipient still fails after correction.
(a) The Corporation* must directly or through grants or contracts continually evaluate programs assisted under the national-service laws, including their impact, to measure (1) whether they meet their goals and their costs, including performance under subsection (k), and (2) how well their structure and service-delivery methods use participant* time, manage participants, and make services accessible, so cost-effectiveness and impact are maximized.
(b) When suitable, evaluations must compare participants with nonparticipants. (c) Evaluators may not be directly involved in administering the program. (d) The Corporation must publish general standards for evaluating achievement of national-service objectives. (e) It must consider participants’ and service communities’ views of program strengths and weaknesses. (f) It must compare full- and part-time programs, different service types, recruitment methods, voucher or post-service benefits, and individual placements and teams.
(g) Division C evaluations must assess effectiveness in recruiting diverse participants by economic background, race, ethnicity, age, marital status, education, and disability; improving education through diplomas and higher education; encouraging later public or community service, including listed service programs, the Peace Corps, military, and part-time volunteering; building positive views about solving community problems, personal ability, citizenship, and community responsibility; reducing participants’ higher-education student* loans; benefiting communities; adding useful volunteers without overloading agencies; providing work that employed workers could not otherwise do without replacing or displacing them or harming their contracts; and attracting more citizens to service.
(h) The Corporation may require participants and State* or local applicants to provide information needed for these evaluations. It must keep individual information confidential. It may disclose it with the participant’s written consent and may disclose aggregate participant characteristics.
(i) Each year the Corporation must arrange an independent division C evaluation. The evaluator must determine participant totals and numbers in each State by sex, age, economic background, education, ethnic group, disability classification, and geographic region; the Corporation sets analysis categories. The evaluator must determine the amount of section 12571 assistance spent that year on projects in the areas described in section 12585(c)(6). The evaluator must report results to the President, authorizing committees*, Corporation, and each State Commission* within 18 months after the first day of the covered year; for the year beginning September 21, 1993, the deadline is 18 months after that date.
(j) The Corporation may reserve up to 1 percent of yearly funds appropriated under section 12681 and sections 501 and 502 of the Domestic Volunteer Service Act for accountability activities under this section.
(k) After consulting each recipient, the Corporation must set performance levels for the assistance term. Measures may include participants enrolled and completing service compared with goals; community volunteers recruited; people served or helped when relevant; disadvantaged or underrepresented youth; program and project* sustainability and community support; changes in civic-engagement attitudes; and other suitable numerical or descriptive measures.
(l) A recipient that fails to meet agreed levels must agree on a corrective plan. For a program assisted less than 3 years, the Corporation must provide targeted technical help and require quarterly progress reports to the appropriate State, territory*, or Indian tribe* and the Corporation. For a program assisted 3 years or more, it must require those quarterly reports.
(m) After the approved correction period, if performance still fails, the Corporation must reduce annual assistance by at least 25 percent for each remaining grant year or end assistance under section 12636(a).
(n) Within 2 years after April 21, 2009, and annually afterward, the Corporation must report to the authorizing committees the numbers of recipients using corrective plans, receiving new-program technical assistance, losing assistance, rejected applicants, and recipients meeting or exceeding performance levels.
The Corporation* shall provide, directly or through grants or contracts, for the continuing evaluation of programs that receive assistance under the national service laws*, including evaluations that measure the impact of such programs, to determine—
the effectiveness of programs receiving assistance under the national service laws in achieving stated goals and the costs associated with such programs, including an evaluation of each such program’s performance based on the performance levels established under subsection (k); and
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.
The Corporation shall provide for inclusion in the evaluations required under subsection (a), where appropriate, comparisons of participants in such programs with individuals who have not participated in such programs.
Evaluations of programs under subsection (a) shall be conducted by individuals who are not directly involved in the administration of such program.
The Corporation shall develop and publish general standards for the evaluation of program effectiveness in achieving the objectives of the national service laws.
In evaluating a program receiving assistance under the national service laws, the Corporation shall consider the opinions of participants and members of the communities where services are delivered concerning the strengths and weaknesses of such program.
The Corporation shall evaluate and compare the effectiveness of different program models in meeting the program objectives described in subsection (g) including full- and part-time programs, programs involving different types of national service, programs using different recruitment methods, programs offering alternative voucher or post-service benefit options, and programs utilizing individual placements and teams.
The Corporation shall ensure that programs that receive assistance under division C are evaluated to determine their effectiveness in—
recruiting and enrolling diverse participants in such programs, consistent with the requirements of section 12575 1 of this title, based on economic background, race, ethnicity, age, marital status, education levels, and disability;
promoting the educational achievement of each participant* in such programs, 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;
encouraging each participant to engage in public and community service after completion of the program based on career choices and service in other service programs such as the Volunteers in Service to America Program and National Senior Service Corps programs established under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.), the Peace Corps (as established by the Peace Corps Act (22 U.S.C. 2501 et seq.)), the military, and part-time volunteer service;
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;
enabling each participant to finance a lesser portion of the higher education of such participant through student* loans;
providing services and projects that benefit the community;
supplying additional volunteer assistance to community agencies without overloading such agencies with more volunteers than can effectively be utilized;
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
attracting a greater number of citizens to engage in service that benefits the community.
In conducting the evaluations required under this section, the Corporation may require each program participant and State* or local applicant to provide such information as may be necessary to carry out the requirements of this section.
The Corporation shall maintain the confidentiality of information acquired under this subsection regarding individual participants.
The content of any information described in subparagraph (A) may be disclosed with the prior written consent of the individual participant with respect to whom the information is maintained.
The Corporation may disclose information about the aggregate characteristics of such participants.
The Corporation shall, on an annual basis, arrange for an independent evaluation of the programs assisted under division C.
The entity conducting such evaluation shall determine the demographic characteristics of the participants in such programs.
The entity shall determine, for the year covered by the evaluation, the total number of participants in the programs, and the number of participants within the programs in each State, by sex, age, economic background, education level, ethnic group, disability classification, and geographic region.
The Corporation shall determine appropriate categories for analysis of each of the characteristics referred to in clause (ii) for purposes of such an evaluation.
In conducting the evaluation, the entity shall determine the amount of assistance provided under section 12571 of this title during the year that has been expended for projects conducted under the programs in areas described in section 12585(c)(6) of this title.
The entity conducting the evaluation shall submit a report to the President, the authorizing committees*, the Corporation, and each State Commission* containing the results of the evaluation—
with respect to the evaluation covering the year beginning on September 21, 1993, not later than 18 months after September 21, 1993; and
with respect to the evaluation covering each subsequent year, not later than 18 months after the first day of each such year.
Notwithstanding any other provision of law, in addition to amounts appropriated to carry out this section, the Corporation may reserve not more than 1 percent of the total funds appropriated for a fiscal year under section 12681 of this title and sections 501 and 502 of the Domestic Volunteer Service Act of 1973 [42 U.S.C. 5081, 5082] to support program accountability activities under this section.
The Corporation 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 carried out by the recipient, performance levels based on the following performance measures:
Number of participants enrolled in the program and completing terms of service, as compared to the stated participation and retention goals of the program.
Number of volunteers recruited from the community in which the program was implemented.
If applicable based on the program design, the number of individuals receiving or benefitting from the service conducted.
Number of disadvantaged and underrepresented youth participants.
Measures of the sustainability of the program and the projects supported by the program, including measures to ascertain the level of community support for the program or projects.
Measures to ascertain the change in attitude toward civic engagement among the participants and the beneficiaries of the service.
Other quantitative and qualitative measures as determined to be appropriate by the recipient of assistance and the Corporation.
A recipient of assistance under the national service laws that fails, as determined by the Corporation, to meet or exceed the performance levels agreed upon under subsection (k) for a national service program, shall reach an agreement with the Corporation on a corrective action plan to meet such performance levels.
For a program 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), the Corporation shall—
provide technical assistance to the recipient to address targeted performance problems relating to the performance levels for the program; and
require the recipient to submit quarterly reports on the program’s progress toward meeting the performance levels for the program to the—
appropriate State, territory*, or Indian tribe*; and
the Corporation.
For a program 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), the Corporation shall require the recipient to submit quarterly reports on the program’s progress toward the performance levels for the program to—
the appropriate State, territory, or Indian* tribe; and
the Corporation.
If, after a period for correction as approved by the Corporation in accordance with subsection (l), a recipient of assistance under the national service laws fails to meet or exceed the performance levels for a national service program, the Corporation shall—
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; or
terminate assistance to the underperforming recipient for that program, in accordance with section 12636(a) of this title.
The Corporation 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—
recipients of assistance under the national service laws implementing corrective action plans under subsection (l)(1);
recipients for which the Corporation provides technical assistance for a program under subsection (l)(2)(A)(i);
recipients for which the Corporation terminates assistance for a program under subsection (m);
entities whose application for assistance under a national service law was rejected; and
recipients meeting or exceeding their performance levels under subsection (k).
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.)
- 1990Enacted · Pub. L. 101-610 · 104 Stat. 3164
- 1992Amended · Pub. L. 102-384 · 106 Stat. 1455, 1456
- 1993Amended · Pub. L. 103-82 · 107 Stat. 865, 891, 918
- 1993Amended · Pub. L. 103-160 · 107 Stat. 1773
- 1996Amended · Pub. L. 104-106 · 110 Stat. 501
- 2009Amended · Pub. L. 111-13 · 123 Stat. 1532
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-610 on 1990-11-16.
all 0 arguments · sorted by: best
no arguments yet — make the first case