42 U.S.C. § 12585 — Consideration of applications

submitted 33 years ago by Pub. L. 101-610 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,285 words · no verdicts yet

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The Corporation uses a set list of criteria to decide which applications to fund. It favors quality, innovative, and sustainable programs, especially ones in high-need areas. States and territories that get rejected must be told why and get a chance to fix and resubmit.

(a) Corporation consideration of certain criteria. The Corporation must use the criteria in subsections (c) and (d) to decide (1) whether to approve an application under section 12582 and give the applicant assistance under section 12571, and (2) whether to approve the positions in that application as national service positions that carry the educational award described in division D. (b) Application to subgrants. (1) In general. If a state or other entity uses section 12571(a) assistance to fund programs it picked through competition, it must use the same criteria in subsections (c) and (d) when deciding which programs get a share of that assistance or an approved position. (2) Contents. That state or entity's own application under section 12582 must include (A) a certification that it used these criteria to select programs, (B) a description of the positions participants will fill, including their specific tasks, and (C) a description of the minimum qualifications participants must meet. (c) Assistance criteria. In judging applications submitted under section 12582, the Corporation must consider: (1) The quality of the program, whether run directly by the applicant or funded through the applicant's grant. (2) How innovative the program is, and how feasible it would be to copy elsewhere. (3) How sustainable the program is — for example, whether it has strong, broad community support, or multiple or private funding sources. (4) The quality of the program's leadership, its track record, and how well it builds on existing programs. (5) How much the program recruits participants from the community it serves, and involves participants and community residents in designing, leading, and running it. (6) Whether the program will operate in areas that need it most, including: (A) empowerment zones, redevelopment areas, or places with many low-income residents; (B) environmentally distressed areas; (C) areas hurt by federal land-management decisions that cost jobs; (D) areas hurt by defense spending cuts or military base closures; or (E) areas with unemployment above the national average. (7) For applicants other than states, how consistent the application is with the application submitted by the state where the projects would happen. (8) Any other criteria the Corporation thinks are appropriate. (d) Other considerations. (1) Geographic diversity. The Corporation must make sure the programs it funds are spread across different places, including urban and rural areas within a state that have the highest poverty rates. (2) Priorities. The Corporation may give priority, in distributing competitive funds under section 12581(d), to certain programs, including: (A) programs that (i) match the national service priorities set under section 12572(f), (ii) are innovative, and (iii) already work in one or more states and want to expand to more; (B) grant programs run by nonprofits with real, extensive experience meeting human, educational, environmental, or public safety needs; and (C) professional corps programs described in section 12572(c)(1)(D). (3) Additional priority. The Corporation may also give priority to a program proposed by a State Commission that is not one of the types listed in paragraph (2), if the State Commission gives a good reason why that type of program should not be the state's priority. (4) Review panel. The Corporation must (A) set up panels of outside experts to review applications asking for more than $250,000 in assistance, or for positions needing more than $250,000 in educational awards, and (B) consider those panels' opinions before deciding. (e) Emphasis on areas most in need. When giving out assistance and approved positions, the Corporation must make sure at least 50 percent of the total assistance sent to states under section 12581(d) and (e) supports programs that (1) work in the high-need areas described in subsection (c)(6), or on federal or other public lands, to meet unmet needs there, and (2) prioritize recruiting participants who live in those areas or on that land. (f) Views of State Commission. When making competitive awards under section 12581(d), the Corporation must ask for and consider the State Commission's views on any application to run a program in that state. (g) Rejection of State applications. (1) Notification of State applicants. If the Corporation rejects a State Commission's application for funds described in section 12581(e), it must promptly tell the State Commission why. (2) Resubmission and reconsideration. The State Commission then gets a fair chance to revise and resubmit its application, with technical help from the Corporation if it asks. The Corporation must promptly reconsider the revised application. (3) Reallotment. Any part of a state's section 12581(e) allotment that the Corporation decides will not be given out that year becomes available for the Corporation to redistribute, as section 12581(f) describes.

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

(a) Corporation consideration of certain criteria

The Corporation shall apply the criteria described in subsections (c) and (d) in determining whether—

(1)

to approve an application submitted under section 12582 of this title and provide assistance under section 12571 of this title to the applicant; and

(2)

to approve service positions described in the application as national service positions that include the national service educational award described in division D and provide such approved national service positions to the applicant.

(b) Application to subgrants

(1) In general

A State or other entity that uses assistance provided under section 12571(a) of this title to support national service programs selected on a competitive basis to receive a share of the assistance shall use the criteria described in subsections (c) and (d) when considering an application submitted by a national service program to receive a portion of such assistance or an approved national service position.

(2) Contents

The application of the State or other entity under section 12582 of this title shall contain—

(A)

a certification that the State or other entity used these criteria in the selection of national service programs to receive assistance;

(B)

a description of the positions into which participants will be placed using such assistance, including descriptions of specific tasks to be performed by such participants; and

(C)

a description of the minimum qualifications that individuals shall meet to become participants in such programs.

The criteria required to be applied in evaluating applications submitted under section 12582 of this title are as follows:

(1)

The quality of the national service program proposed to be carried out directly by the applicant or supported by a grant from the applicant.

(2)

The innovative aspects of the national service program, and the feasibility of replicating the program.

(3)

The sustainability of the national service program, based on evidence such as the existence—

(A)

of strong and broad-based community support for the program; and

(B)

of multiple funding sources or private funding for the program.

(4)

The quality of the leadership of the national service program, the past performance of the program, and the extent to which the program builds on existing programs.

(5)

The extent to which participants of the national service program are recruited from among residents of the communities in which projects are to be conducted, and the extent to which participants and community residents are involved in the design, leadership, and operation of the program.

(6)

The extent to which projects would be conducted in the following areas where they are needed most:

(A)

Communities designated as empowerment zones or redevelopment areas, targeted for special economic incentives, or otherwise identifiable as having high concentrations of low-income people.

(B)

Areas that are environmentally distressed.

(C)

Areas adversely affected by Federal actions related to the management of Federal lands that result in significant regional job losses and economic dislocation.

(D)

Areas adversely affected by reductions in defense spending or the closure or realignment of military installations.

(E)

Areas that have an unemployment rate greater than the national average unemployment for the most recent 12 months for which satisfactory data are available.

(7)

In the case of applicants other than States, the extent to which the application is consistent with the application under section 12582 of this title of the State in which the projects would be conducted.

(8)

Such other criteria as the Corporation considers to be appropriate.

(d) Other considerations

(1) Geographic diversity

The Corporation shall ensure that recipients of assistance provided under section 12571 of this title are geographically diverse and include projects to be conducted in those urban and rural areas in a State with the highest rates of poverty.

(2) Priorities

The Corporation may designate, under such criteria as may be established by the Corporation, certain national service programs or types of national service programs described in subsection (a), (b), or (c) of section 12572 of this title for priority consideration in the competitive distribution of funds under section 12581(d) of this title. In designating national service programs to receive priority, the Corporation may include—

(A)

national service programs that—

(i)

conform to the national service priorities in effect under section 12572(f) of this title;

(ii)

are innovative; and

(iii)

are well established in 1 or more States at the time of the application and are proposed to be expanded to additional States using assistance provided under section 12571 of this title;

(B)

grant programs in support of other national service programs if the grant programs are to be conducted by nonprofit organizations with demonstrated and extensive expertise in the provision of services to meet human, educational, environmental, or public safety needs; and

(C)

professional corps programs described in section 12572(c)(1)(D) of this title.

(3) Additional priority

In making a competitive distribution of funds under section 12581(d) of this title, the Corporation may give priority consideration to a national service program that is—

(A)

proposed in an application submitted by a State Commission; and

(B)

not one of the types of programs described in paragraph (2),

if the State Commission provides an adequate explanation of the reasons why it should not be a priority of such State to carry out any of such types of programs in the State.

(4) Review panel

The Corporation shall—

(A)

establish panels of experts for the purpose of securing recommendations on applications submitted under section 12582 of this title for more than $250,000 in assistance, or for national service positions that would require more than $250,000 in national service educational awards; and

(B)

consider the opinions of such panels prior to making such determinations.

(e) Emphasis on areas most in need

In making assistance available under section 12571 of this title and in providing approved national service positions under section 12573 of this title, the Corporation shall ensure that not less than 50 percent of the total amount of assistance to be distributed to States under subsections (d) and (e) of section 12581 of this title for a fiscal year is provided to carry out or support national service programs and projects that—

(1)

are conducted in any of the areas described in subsection (c)(6) or on Federal or other public lands, to address unmet human, educational, environmental, or public safety needs in such areas or on such lands; and

(2)

place a priority on the recruitment of participants who are residents of any of such areas or Federal or other public lands.

(f) Views of State Commission

In making competitive awards under section 12581(d) of this title, the Corporation shall solicit and consider the views of a State Commission regarding any application for assistance to carry out a national service program within the State.

(g) Rejection of State applications

(1) Notification of State applicants

If the Corporation rejects an application submitted by a State Commission under section 12582 of this title for funds described in section 12581(e) of this title, the Corporation shall promptly notify the State Commission of the reasons for the rejection of the application.

(2) Resubmission and reconsideration

The Corporation shall provide a State Commission notified under paragraph (1) with a reasonable opportunity to revise and resubmit the application. At the request of the State Commission, the Corporation shall provide technical assistance to the State Commission as part of the resubmission process. The Corporation shall promptly reconsider an application resubmitted under this paragraph.

(3) Reallotment

The amount of any State’s allotment under section 12581(e) of this title for a fiscal year that the Corporation determines will not be provided for that fiscal year shall be available for distribution by the Corporation as provided in section 12581(f) of this title.

Source credit: (Pub. L. 101–610, title I, § 133, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 805; amended Pub. L. 111–13, title I, § 1311, Apr. 21, 2009, 123 Stat. 1509.)

history & why it existsrecord from the source credit

1993Enacted · Pub. L. 101-610 · 107 Stat. 805
2009Amended · Pub. L. 111-13 · 123 Stat. 1509

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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