Notes on 42 U.S.C. § 12501 : US Code - Notes

Search Notes on 42 U.S.C. § 12501 : US Code - Notes

(Pub. L. 101-610, Sec. 2, Nov. 16, 1990, 104 Stat. 3129; Pub. L.
103-82, Sec. 2(a), Sept. 21, 1993, 107 Stat. 787.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the original
"this Act", meaning Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127,
as amended, which is classified principally to this chapter. For
complete classification of this Act to the Code, see Short Title
note set out below and Tables.
AMENDMENTS
1993 - Pub. L. 103-82 amended section generally, substituting
provisions relating to findings and purposes for former provisions
setting forth the purposes of this chapter.
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107-117, div. B, Sec. 1301(a), Jan. 10, 2002, 115 Stat.
2339, provided that: "This section [enacting subchapter III of this
chapter] may be cited as the 'Unity in the Spirit of America Act'
or the 'USA Act'."
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103-304, Sec. 1, Aug. 23, 1994, 108 Stat. 1565, provided
that: "This Act [amending sections 4953, 5024, 12591, 12602, 12615,
12619, 12622, 12651d, 12653, and 12655n of this title and enacting
provisions set out as a note under section 4953 of this title] may
be cited as the 'King Holiday and Service Act of 1994'."
SHORT TITLE OF 1993 AMENDMENT
Section 1(a) of Pub. L. 103-82 provided that: "This Act [see
Tables for classification] may be cited as the 'National and
Community Service Trust Act of 1993'."
SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102-384, Sec. 1, Oct. 5, 1992, 106 Stat. 1455, provided
that: "This Act [amending sections 12511, 12522, 12523, 12525,
12526, 12541, 12550, 12612, 12614, 12615, 12622, 12639, 12651, and
12681 of this title] may be cited as the 'National and Community
Service Technical Amendment Act of 1992'."
SHORT TITLE OF 1991 AMENDMENT
Pub. L. 102-10, Sec. 1, Mar. 12, 1991, 105 Stat. 29, provided
that: "This Act [enacting section 12645 of this title, amending
sections 5091m, 12511, 12521, 12522, 12524, 12527, 12531, 12542 to
12544, 12548, 12553, 12575, 12576, 12602, 12638, and 12651 of this
title, and repealing section 12556 of this title] may be cited as
the 'National and Community Service Technical Amendments Act of
1991'."
SHORT TITLE
Section 1(a) of Pub. L. 101-610 provided that: "This Act
[enacting this chapter, sections 5091 to 5091n of this title, and
section 2452a of Title 22, Foreign Relations and Intercourse,
amending sections 1018c, 1018e, 1070a-6, 1087vv, 1092, and 1092b of
Title 20, Education, and former section 546 of Title 45, Railroads,
and enacting provisions set out as notes under this section and
section 24301 of Title 49, Transportation] may be cited as the
'National and Community Service Act of 1990'."
Section 110 of subtitle B (Secs. 110-118) of title I of Pub. L.
101-610, which provided that such subtitle (enacting former part B
(Secs. 12521-12531) of subchapter I of this chapter) be cited as
the "Serve-America: The Community Service, Schools and Service-
Learning Act of 1990", was repealed by Pub. L. 103-82, title I,
Sec. 103(a)(2), Sept. 21, 1993, 107 Stat. 825.
Pub. L. 108-45, Sec. 1, July 3, 2003, 117 Stat. 844, provided
that: "This Act [enacting section 12605 of this title] may be cited
as the 'Strengthen AmeriCorps Program Act'."
Section 199 [formerly 120] of subtitle I (Secs. 199-199O)
[formerly subtitle C (Secs. 120-136)] of title I of Pub. L. 101-
610, as renumbered by Pub. L. 103-82, title I, Sec. 101(a), Sept.
21, 1993, 107 Stat. 788, provided that: "This subtitle [enacting
division I (formerly part C) of subchapter I of this chapter] may
be cited as the 'American Conservation and Youth Service Corps Act
of 1990'."
Section 140 of subtitle D (Secs. 140-150) of title I of Pub. L.
101-610, which provided that such subtitle (enacting former part D
(Secs. 12571-12580) of subchapter I of this chapter) be cited as
the "National and Community Service Act", was omitted in the
general amendment of part D (now division D) by Pub. L. 103-82,
title I, Sec. 102(a), Sept. 21, 1993, 107 Stat. 816.
Section 301 of title III of Pub. L. 101-610 provided that: "This
title [enacting subchapter II of this chapter] may be cited as 'The
Points of Light Foundation Act'."
COMPLIANCE WITH BUY AMERICAN ACT
Section 501 of Pub. L. 103-82 provided that: "No funds
appropriated pursuant to this Act [see Tables for classification]
(including the amendments made by this Act) may be expended by an
entity unless the entity agrees that in expending the assistance
the entity will comply with sections 2 through 4 of the Act of
March 3, 1933 (41 U.S.C. 10a-10c [41 U.S.C. 10a, 10b, former 10b-
1], popularly known as the 'Buy American Act')."
SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE
Section 502 of Pub. L. 103-82 provided that:
"(a) Purchase of American-Made Equipment and Products. - In the
case of any equipment or product that may be authorized to be
purchased with financial assistance provided under this Act [see
Tables for classification] (including the amendments made by this
Act), it is the sense of the Congress that entities receiving such
assistance should, in expending the assistance, purchase only
American-made equipment and products.
"(b) Notice to Recipients of Assistance. - In providing financial
assistance under this Act (including the amendments made by this
Act), the Secretary of Education shall provide to each recipient of
the assistance a notice describing the statement made in subsection
(a) by the Congress."
PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS
MADE IN AMERICA
Section 503 of Pub. L. 103-82 provided that: "If it has been
finally determined by a court or Federal agency that any person
intentionally affixed a label bearing a 'Made in America'
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not made in
the United States, the person shall be ineligible to receive any
contract or subcontract made with funds appropriated to carry out
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48,
Code of Federal Regulations."
EX. ORD. NO. 13254. ESTABLISHING THE USA FREEDOM CORPS
Ex. Ord. No. 13254, Jan. 29, 2002, 67 F.R. 4869, as amended by
Ex. Ord. No. 13286, Sec. 6, Feb. 28, 2003, 68 F.R. 10620, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, it is hereby ordered
as follows:
Section 1. Policy. Building on our Nation's rich tradition of
citizen service, this Administration's policy is to foster a
culture of responsibility, service, and citizenship by promoting,
expanding, and enhancing public service opportunities for all
Americans and by making these opportunities readily available to
citizens from all geographic areas, professions, and walks of life.
More specifically, this Administration encourages all Americans to
serve their country for the equivalent of at least 2 years (4,000
hours) over their lifetimes. Toward those ends, the executive
departments, agencies, and offices constituting the USA Freedom
Corps shall coordinate and strengthen Federal and other service
opportunities, including opportunities for participation in
homeland security preparedness and response, other areas of public
and social service, and international service. The executive branch
departments, agencies, and offices also will work with State and
local governments and private entities to foster and encourage
participation in public and social service programs, as
appropriate.
Sec. 2. USA Freedom Corps. The USA Freedom Corps shall be an
interagency initiative, bringing together executive branch
departments, agencies, and offices with public service programs and
components, including but not limited to programs and components
with the following functions:
(i) recruiting, mobilizing, and encouraging all Americans to
engage in public service;
(ii) providing concrete opportunities to engage in public
service;
(iii) providing the public with access to information about
public service opportunities through Federal programs and
elsewhere; and
(iv) providing recognition and awards to volunteers and other
participants in public service programs.
Sec. 3. USA Freedom Corps Council. (a) Establishment and Mission.
There shall be a USA Freedom Corps Council (Council) chaired by the
President and composed of heads of executive branch departments,
agencies, and offices, which shall have the following functions:
(i) serving as a forum for Federal officials responsible for
public service programs to coordinate and improve public service
programs and activities administered by the executive branch;
(ii) working to encourage all Americans to engage in public
service, whether through Federal programs or otherwise;
(iii) advising the President and heads of executive branch
departments, agencies, and offices concerning the optimization of
current Federal programs to enhance public service opportunities;
(iv) coordinating public outreach and publicity of citizen
service opportunities provided by Federal programs;
(v) encouraging schools, universities, private public service
organizations, and other non-Federal entities to foster and
reward public service;
(vi) studying the availability of public service opportunities
provided by the Federal Government and elsewhere; and
(vii) tracking progress in participation in public service
programs.
(b) Membership. In addition to the Chair, the members of the
Council shall be the heads of the executive branch departments,
agencies, and offices listed below, or their designees, and such
other officers of the executive branch as the President may from
time to time designate. Every member of the Council or designee
shall be a full-time or permanent part-time officer or employee of
the Federal Government. Members shall not be compensated for their
service on the Council in addition to the salaries they receive as
employees or officers of the Federal Government.
(i) Vice President;
(ii) Attorney General;
(iii) Secretary of State;
(iv) Secretary of Health and Human Services;
(v) Secretary of Commerce;
(vi) Secretary of Education;
(vii) Secretary of Veterans Affairs;
(viii) Secretary of Homeland Security;
(ix) Chief Executive Officer of the Corporation for National
and Community Service;
(x) Director of the Peace Corps;
(xi) Administrator of the United States Agency for
International Development;
(xii) Director of the USA Freedom Corps Office; and
(xiii) Director of the Office of Faith-Based and Community
Initiatives.
(c) Chair. The President shall be the Chair of the USA Freedom
Corps Council, and in his absence, the Vice President shall serve
as Chair. The Director of the USA Freedom Corps Office may, at the
President's direction, preside over meetings of the Council in the
President's and Vice President's absence.
(d) Honorary Co-Chair. The President may, from time to time,
designate an Honorary Co-Chair or Co-Chairs, who shall serve in an
advisory role to the Council and to the President on matters
considered by the Council. Any Honorary Co-Chair shall be a full-
time or permanent part-time employee or officer of the Federal
Government.
(e) Meetings. The Council shall meet at the President's
direction. The Director of the USA Freedom Corps Office shall be
responsible, at the President's direction, for determining the
agenda, ensuring that necessary papers are prepared, and recording
Council actions and Presidential decisions.
(f) Responsibilities of Executive Branch Departments, Agencies,
and Offices.
(i) Members of the Council shall remain responsible for
overseeing the programs administered by their respective
departments, agencies, and offices. Each such department, agency,
and office will retain its authority and responsibility to
administer those programs according to law;
(ii) Each executive branch department, agency, or office with
responsibility for programs relating to the functions and
missions of the USA Freedom Corps as described in section 2 of
this order shall be responsible for identifying those public
service opportunities and coordinating with the USA Freedom Corps
Council to ensure that such programs are, if appropriate,
publicized and encouraged by the Council; and
(iii) Upon the request of the Chair, and to the extent
permitted by law, the heads of executive branch departments and
agencies shall provide the Council with relevant information.
Sec. 4. USA Freedom Corps Office. (a) General. The USA Freedom
Corps also shall be supported by a USA Freedom Corps Office
(Office), which shall be a component of the White House Office. The
USA Freedom Corps Office shall have a Director who shall be
appointed by the President. The Director shall be assisted by an
appropriate staff within the White House Office.
(b) Presidential Recognition to Participants in USA Freedom Corps
Programs. In addition to supporting and facilitating the functions
of the Council listed in section 3 of this order, the Office shall
support the President in providing recognition to volunteers and
other participants in programs and activities relating to the
functions and missions of the USA Freedom Corps as described in
section 2 of this order.
Sec. 5. General Provisions. (a) The White House Office shall
provide the Council and Office with such funding and administrative
support, to the extent permitted by law and subject to the
availability of appropriations, as directed by the Chief of Staff
to the President to carry out the provisions of this order.
(b) This order does not alter the existing authorities or roles
of executive branch departments, agencies, or offices. Nothing in
this order shall supersede any requirement made by or under law.
(c) This order does not create any right or benefit, substantive
or procedural, enforceable at law or equity, against the United
States, its departments, agencies, or other entities, its officers
or employees, or any other person.
George W. Bush.
EX. ORD. NO. 13317. VOLUNTEERS FOR PROSPERITY
Ex. Ord. No. 13317, Sept. 25, 2003, 68 F.R. 56515, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and in order to
encourage volunteer service by highly skilled Americans to support
major initiatives by the United States for promoting health and
prosperity around the world, it is hereby ordered as follows:
Section 1. (a) Policy. A part of USA Freedom Corps, "Volunteers
for Prosperity" is a call to service to support major U.S.
initiatives that promote health and prosperity around the world.
Deploying highly skilled volunteers abroad is an efficient way to
use our resources consistent with the objectives of the United
States Government's global prosperity agenda. United States
volunteers will help to achieve the objectives of the global
prosperity agenda, including providing clean water to the poor,
promoting democratic governance, developing economic freedom,
promoting free and open markets, and stemming the spread of
HIV/AIDS.
The investment of Federal resources to enable U.S. volunteers to
work with nongovernmental and voluntary service organizations
overseas is a preferred use of our resources and also will help
leverage private sector resources. United States citizens who are
skilled professionals and who volunteer, when matched with
organizations working on specific U.S. prosperity initiatives
overseas, can provide invaluable support for these initiatives and
will supplement and complement the traditions and accomplishments
of the Peace Corps.
United States prosperity initiatives that can benefit from
volunteer service include, but are not limited to, the Emergency
Plan for AIDS Relief, the Digital Freedom Initiative, the Water for
the Poor Initiative, the Trade for African Development and
Enterprise Initiative, and the Middle East Partnership Initiative.
Volunteer service in support of other initiatives, consistent
with U.S. foreign policy, shall be considered as well.
(b) Applicability. The following agencies are subject to the
requirements of this order: the United States Agency for
International Development (USAID), the Department of State, the
Department of Commerce, the Department of Health and Human
Services, and such other Federal agencies as the President may
designate in the future.
Sec. 2. Establishment. (a) Agencies subject to this order shall
each establish within their respective organizations an Office for
Volunteers for Prosperity (Office) or, as appropriate, an operating
unit within an office.
(b) Each agency subject to this order shall provide its Office or
unit with appropriate staff, administrative support, and resources
to meet its responsibilities under this order.
(c) Each of these Offices or units shall begin operations no
later than 30 days from the date of this order.
(d) Agencies subject to this order shall consider, in evaluating
grant applications for assistance activities to be implemented
abroad, the applicant's use of highly skilled U.S. volunteers to
support U.S. prosperity objectives and initiatives.
Sec. 3. Purpose. To the extent permitted by law, the purpose of
the Offices will be to promote, expand, and enhance well-defined
volunteer service opportunities for highly skilled U.S.
professionals who wish to work with nongovernmental and voluntary
service organizations around the world in support of major U.S.
prosperity initiatives as identified in section 1 of this order.
Such promotion, expansion, and enhancement would include actively
participating in the design and selection processes for grants
within their agencies, tracking the use of U.S. private volunteer
organizations by their agencies, and coordinating with White House
Offices including the USA Freedom Corps, the Office of National
AIDS Policy, and the Office of Faith-Based and Community
Initiatives, as appropriate.
Sec. 4. Funding. Agencies subject to this order are hereby
directed to use their best efforts to use funds available for the
U.S. prosperity initiatives listed in section 1 of this order to
provide appropriate support to organizations that use highly
skilled U.S. volunteers to accomplish the objectives identified in
those initiatives.
Sec. 5. Coordination. The USAID shall serve as the inter-agency
coordinator for the Volunteers for Prosperity initiative. In that
capacity, the USAID shall coordinate the activities that fall
within the scope of the initiative and report on the progress of
the initiative to the USA Freedom Corps Office, within the White
House Office. The reports shall be submitted within 180 days after
the date of this order and annually thereafter. The USA Freedom
Corps Council shall encourage consistency in policies and practices
within the agencies subject to this order, as appropriate, for
purposes related to the Volunteers for Prosperity initiative.
Sec. 6. Administration. The actions directed by this order shall
be carried out subject to the availability of appropriations, to
the extent permitted by law, and consistent with the agencies'
missions.
Sec. 7. Judicial Review. This order is intended only to improve
the internal management of the executive branch of the Federal
Government, and it is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or
in equity, against the United States, its departments, agencies, or
other entities, its officers or employees, or any other person.
George W. Bush.
EX. ORD. NO. 13331. NATIONAL AND COMMUNITY SERVICE PROGRAMS
Ex. Ord. No. 13331, Feb. 27, 2004, 69 F.R. 9911, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and to strengthen the
ability of programs authorized under the national service laws to
build and reinforce a culture of service, citizenship, and
responsibility throughout our Nation, and to institute reforms to
improve accountability and efficiency in the administration of
those programs, it is hereby ordered as follows:
Section 1. Definitions. For purposes of this order:
(a) "National service laws" means the National and Community
Service Act of 1990 (42 U.S.C. 12501 et seq.) and the Domestic
Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.);
(b) "National and community service programs" means those
programs authorized under the national service laws;
(c) "Policies governing programs authorized under the national
service laws" refers to all policies, programs, guidelines, and
regulations, including official guidance and internal agency
procedures and practices, that are issued by the Corporation for
National and Community Service (Corporation) and have significant
effects on national and community service programs; and
(d) "Professional corps programs" means those programs described
in section 122(a)(8) of the National and Community Service Act of
1990 (42 U.S.C. 12572(a)(8)).
Sec. 2. Fundamental Principles and Policymaking Criteria. In
formulating and implementing policies governing programs authorized
under the national service laws, the Corporation shall, to the
extent permitted by law, adhere to the following fundamental
principles:
(a) National and community service programs should support and
encourage greater engagement of Americans in volunteering;
(b) National and community service programs should be more
responsive to State and local needs;
(c) National and community service programs should make Federal
support more accountable and more effective; and
(d) National and community service programs should expand
opportunities for involvement of faith-based and other community
organizations.
Sec. 3. Agency Implementation. (a) The Chief Executive Officer of
the Corporation for National and Community Service (Chief Executive
Officer) shall, in coordination with the USA Freedom Corps Council,
review and evaluate existing policies governing national and
community service programs in order to assess the consistency of
such policies with the fundamental principles and policymaking
criteria described in section 2 of this order.
(b) The Chief Executive Officer shall ensure that all policies
governing national and community service programs issued by the
Corporation are consistent with the fundamental principles and
policymaking criteria described in section 2 of this order. To that
end, the Chief Executive Officer shall, to the extent permitted by
law,
(i) amend all such existing policies to ensure that they are
consistent with the fundamental principles and policymaking
criteria articulated in section 2 of this order; and
(ii) where appropriate, implement new policies that are
consistent with and necessary to further the fundamental
principles and policymaking criteria set forth in section 2 of
this order.
(c) In developing implementation steps, the Chief Executive
Officer should address, at a minimum, the following objectives:
(i) National and community service programs should leverage
Federal resources to maximize support from the private sector and
from State and local governments, with an emphasis on reforms
that enhance programmatic flexibility, reduce administrative
burdens, and calibrate Federal assistance to the respective needs
of recipient organizations;
(ii) National and community service programs should leverage
Federal resources to enable the recruitment and effective
management of a larger number of volunteers than is currently
possible;
(iii) National and community service programs should increase
efforts to expand opportunities for, and strengthen the capacity
of, faith-based and other community organizations in building and
strengthening an infrastructure to support volunteers that meet
community needs;
(iv) National and community service programs should adopt
performance measures to identify those practices that merit
replication and further investment, as well as to ensure
accountability;
(v) National and community service programs should, consistent
with the principles of Federalism and the constitutional role of
the States and Indian tribes, promote innovation, flexibility,
and results at all levels of government;
(vi) National and community service programs based in schools
should employ tutors who meet required paraprofessional
qualifications, and use such practices and methodologies as are
required for supplemental educational services;
(vii) National and community service programs should foster a
lifetime of citizenship and civic engagement among those who
serve;
(viii) National and community service programs should avoid or
eliminate practices that displace volunteers who are not
supported under the national service laws; and
(ix) Guidelines for the selection of national and community
service programs should recognize the importance of professional
corps programs in light of the fundamental principles and
policymaking criteria set forth in this order.
Sec. 4. Management Reforms. (a) The Corporation should implement
internal management reforms to strengthen its oversight of national
and community service programs through enforcement of performance
and compliance standards and other management tools.
(b) Management reforms should include, but should not be limited
to, the following:
(i) Institutionalized changes to the budgetary and grant-making
processes to ensure that financial commitments remain within
available resources;
(ii) Enhanced accounting and management systems that would
ensure compliance with fiscal restrictions and provide timely,
accurate, and readily available information about enrollment in
AmeriCorps and about funding and obligations incurred for all
national and community service programs;
(iii) Assurance by the Chief Executive Officer and the Chief
Financial Officer in the Corporation's Management Representation
Letter that its financial statements, including the Statement of
Budgetary Resources, are accurate and reliable; and
(iv) Management reforms that tie employee performance to fiscal
responsibility, attainment of management goals, and professional
conduct.
Sec. 5. Report. Within 180 days after the date of this order, the
Chief Executive Officer shall report to the President, through the
Assistant to the President and Director of the USA Freedom Corps
Office, the actions the Corporation proposes to undertake to
accomplish the objectives set forth in this order.
Sec. 6. Judicial Review. This order is not intended to, and does
not, create any right or benefit, substantive or procedural,
enforceable at law or in equity by a party against the United
States, its departments, agencies, or other entities, its officers
or employees, or any other person.
George W. Bush.