---
kind: "section"
citation: "42 U.S.C. § 12653b"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12653b"
heading: "ServeAmerica Fellowships"
release: "119-102"
url: "https://uscodex.org/usc/42/12653b"
units:
  - "Chapter 129 — National and Community Service"
  - "Subchapter I — National and Community Service State Grant Program"
  - "Division H — Investment for Quality and Innovation"
  - "Part I — Additional Corporation Activities To Support National Service"
---

# §12653b. ServeAmerica Fellowships

- (a) **Definitions—** In this section:
  - (1) **Area of national need—** The term “area of national need” means an area involved in efforts to—
    - (A) improve education in [schools](/usc/42/6372.md?p=1) for [economically disadvantaged](/usc/42/12511.md?p=14) [students](/usc/42/12511.md?p=46);
    - (B) expand and improve access to health care;
    - (C) improve [energy efficiency](/usc/42/6291.md?p=5) and conserve natural resources;
    - (D) improve economic opportunities for [economically disadvantaged](/usc/42/12511.md?p=14) individuals; or
    - (E) improve [disaster](/usc/42/5204.md?p=2) preparedness and response.
  - (2) **Eligible fellowship recipient—** The term “eligible fellowship recipient” means an individual who is selected by a [State Commission](/usc/42/12511.md?p=44) under [subsection (c)](#c) and, as a result of such selection, is eligible for a ServeAmerica [Fellowship](/usc/42/1862n–1.md?p=i-3).
  - (3) **Fellow—** The term “fellow” means an [eligible fellowship recipient](#a-2) who is awarded a ServeAmerica [Fellowship](/usc/42/1862n–1.md?p=i-3) and is designated a fellow under [subsection (e)(2)](#e-2).
  - (4) **Small service sponsor organization—** The term “small service sponsor organization” means a [service sponsor](/usc/42/12511.md?p=42) organization described in [subsection (d)(1)](#d-1) that has not more than 10 full-time [employees](/usc/42/1320a–7h.md?p=e-7) and 10 part-time [employees](/usc/42/1320a–7h.md?p=e-7).
- (b) **Grants—**
  - (1) **In general—** From the amounts appropriated under [section 12681(a)(4)(B) of this title](/usc/42/12681.md?p=a-4-B) and allotted under [paragraph (2)(A)](#b-2-A), the [Corporation](/usc/42/2296b–7.md?p=1) shall make grants (including financial assistance and a corresponding allotment of [approved national service positions](/usc/42/12511.md?p=3)), to the [State Commission](/usc/42/12511.md?p=44) of each of the several [States](/usc/42/12511.md?p=43), the District of Columbia, and the Commonwealth of Puerto Rico with an application approved under this section, to enable such [State Commissions](/usc/42/12511.md?p=44) to award ServeAmerica [Fellowships](/usc/42/1862n–1.md?p=i-3) under [subsection (e)](#e).
  - (2) **Allotment; administrative costs—**
    - (A) **Allotment—** The amount allotted to a [State Commission](/usc/42/12511.md?p=44) for a fiscal year shall be equal to an amount that bears the same ratio to the amount appropriated under [section 12681(a)(4)(B) of this title](/usc/42/12681.md?p=a-4-B), as the population of the [State](/usc/42/12511.md?p=43) bears to the total population of the several [States](/usc/42/12511.md?p=43), the District of Columbia, and the Commonwealth of Puerto Rico.
    - (B) **Reallotment—** If a [State Commission](/usc/42/12511.md?p=44) does not apply for an allotment under this subsection for any fiscal year, or if the [State Commission](/usc/42/12511.md?p=44)’s application is not approved, the [Corporation](/usc/42/2296b–7.md?p=1) shall reallot the amount of the [State Commission](/usc/42/12511.md?p=44)’s allotment to the remaining [State Commissions](/usc/42/12511.md?p=44) in accordance with [subparagraph (A)](#b-2-A).
    - (C) **Administrative costs—** Of the amount allotted to a [State Commission](/usc/42/12511.md?p=44) under [subparagraph (A)](#b-2-A), not more than 1.5 percent of such amount may be used for administrative costs.
  - (3) **Number of positions—** The [Corporation](/usc/42/2296b–7.md?p=1) shall—
    - (A) establish or increase the number of [approved national service positions](/usc/42/12511.md?p=3) under this subsection during each of fiscal years 2010 through 2014;
    - (B) establish the number of approved positions at 500 for fiscal year 2010; and
    - (C) increase the number of the approved positions to—
      - (i) 750 for fiscal year 2011;
      - (ii) 1,000 for fiscal year 2012;
      - (iii) 1,250 for fiscal year 2013; and
      - (iv) 1,500 for fiscal year 2014.
  - (4) **Uses of grant funds—**
    - (A) **Required uses—** A grant awarded under this subsection shall be used to enable [fellows](#a-3) to [carry out](/usc/42/12511.md?p=8) service [projects](/usc/42/12511.md?p=35) in areas of national need.
    - (B) **Permitted uses—** A grant awarded under this subsection may be used for—
      - (i) oversight activities and mechanisms for the service sites of the [fellows](#a-3), as determined necessary by the [State Commission](/usc/42/12511.md?p=44) or the [Corporation](/usc/42/2296b–7.md?p=1), which may include site visits;
      - (ii) activities to augment the experience of [fellows](#a-3), including activities to engage the [fellows](#a-3) in networking opportunities with other national service [participants](/usc/42/12511.md?p=30-A); and
      - (iii) recruitment or [training](/usc/42/285e–2.md?p=b-2) activities for [fellows](#a-3).
  - (5) **Applications—** To be eligible to receive a grant under this subsection, a [State Commission](/usc/42/12511.md?p=44) shall submit an application to the [Corporation](/usc/42/2296b–7.md?p=1) at such time, in such manner, and containing such information as the [Corporation](/usc/42/2296b–7.md?p=1) may require, including information on the criteria and procedures that the [State Commission](/usc/42/12511.md?p=44) will use for overseeing ServeAmerica [Fellowship](/usc/42/1862n–1.md?p=i-3) placements for service [projects](/usc/42/12511.md?p=35), under [subsection (e)](#e).
- (c) **Eligible fellowship recipients—**
  - (1) **Application—**
    - (A) **In general—** An applicant desiring to become an [eligible fellowship recipient](#a-2) shall submit an application to a [State Commission](/usc/42/12511.md?p=44) that has elected to participate in the [program](/usc/42/274l–1.md?p=4) authorized under this section, at such time and in such manner as the [Commission](/usc/42/2000ff.md?p=1) may require, and containing the information described in [subparagraph (B)](#c-1-B) and such additional information as the [Commission](/usc/42/2000ff.md?p=1) may require. An applicant may submit such application to only 1 [State Commission](/usc/42/12511.md?p=44) for a fiscal year.
    - (B) **Contents—** The [Corporation](/usc/42/2296b–7.md?p=1) shall specify information to be provided in an application submitted under this subsection, which—
      - (i) shall include—
        - (I) a description of the [area of national need](#a-1) that the applicant intends to address in the service [project](/usc/42/12511.md?p=35);
        - (II) a description of the skills and experience the applicant has to address the [area of national need](#a-1);
        - (III) a description of the type of service the applicant plans to provide as a [fellow](#a-3); and
        - (IV) information identifying the local area within the [State](/usc/42/12511.md?p=43) served by the [Commission](/usc/42/2000ff.md?p=1) in which the applicant plans to serve for the service [project](/usc/42/12511.md?p=35); and
      - (ii) may include, if the applicant chooses, the size of the registered [service sponsor](/usc/42/12511.md?p=42) organization with which the applicant hopes to serve.
  - (2) **Selection—** Each [State Commission](/usc/42/12511.md?p=44) shall—
    - (A) select, from the applications received by the [State Commission](/usc/42/12511.md?p=44) for a fiscal year, the number of [eligible fellowship recipients](#a-2) that may be supported for that fiscal year based on the amount of the grant received by the [State Commission](/usc/42/12511.md?p=44) under [subsection (b)](#b); and
    - (B) make an effort to award one-third of the [fellowships](/usc/42/1862n–1.md?p=i-3) available to the [State Commission](/usc/42/12511.md?p=44) for a fiscal year, based on the amount of the grant received under [subsection (b)](#b), to applicants who propose to serve the [fellowship](/usc/42/1862n–1.md?p=i-3) with small service sponsor organizations registered under [subsection (d)](#d).
- (d) **Service sponsor organizations—**
  - (1) **In general—** Each [service sponsor](/usc/42/12511.md?p=42) organization shall—
    - (A) be a nonprofit organization;
    - (B) satisfy qualification criteria established by the [Corporation](/usc/42/2296b–7.md?p=1) or the [State Commission](/usc/42/12511.md?p=44), including [standards](/usc/42/1320d.md?p=7) relating to organizational capacity, financial management, and programmatic oversight;
    - (C) not be a [recipient](/usc/42/2996a.md?p=6) of other assistance, [approved national service positions](/usc/42/12511.md?p=3), or [approved summer of service positions](/usc/42/12511.md?p=5) under the [national service laws](/usc/42/12511.md?p=26); and
    - (D) at the time of registration with a [State Commission](/usc/42/12511.md?p=44), enter into an [agreement](/usc/42/1320b–8.md?p=a-3-A) providing that the [service sponsor](/usc/42/12511.md?p=42) organization shall—
      - (i) abide by all [program](/usc/42/274l–1.md?p=4) requirements;
      - (ii) provide an amount described in subsection (e)(3)(b)[^1] for each [fellow](#a-3) serving with the organization through the ServeAmerica [Fellowship](/usc/42/1862n–1.md?p=i-3);
      - (iii) be responsible for certifying whether each [fellow](#a-3) serving with the organization successfully completed the ServeAmerica [Fellowship](/usc/42/1862n–1.md?p=i-3), and record and certify in a manner specified by the [Corporation](/usc/42/2296b–7.md?p=1) the number of hours served by a [fellow](#a-3) for purposes of determining the [fellow](#a-3)’s eligibility for benefits; and
      - (iv) provide timely access to records relating to the ServeAmerica [Fellowship](/usc/42/1862n–1.md?p=i-3) to the [State Commission](/usc/42/12511.md?p=44), the [Corporation](/usc/42/2296b–7.md?p=1), and the Inspector General of the [Corporation](/usc/42/2296b–7.md?p=1).
  - (2) **Registration—**
    - (A) **Requirement—** No [service sponsor](/usc/42/12511.md?p=42) organization may receive a [fellow](#a-3) under this section until the organization registers with the [State Commission](/usc/42/12511.md?p=44).
    - (B) **Clearinghouse—** The [State Commission](/usc/42/12511.md?p=44) shall maintain a list of registered [service sponsor](/usc/42/12511.md?p=42) organizations on a public website.
    - (C) **Revocation—** If a [State Commission](/usc/42/12511.md?p=44) determines that a [service sponsor](/usc/42/12511.md?p=42) organization is in [violation](/usc/42/2000e–16a.md?p=c) of any of the applicable provisions of this section—
      - (i) the [State Commission](/usc/42/12511.md?p=44) shall revoke the registration of the organization;
      - (ii) the organization shall not be eligible to receive assistance, [approved national service positions](/usc/42/12511.md?p=3), or [approved summer of service positions](/usc/42/12511.md?p=5) under this subchapter for not less than 5 years; and
      - (iii) the [State Commission](/usc/42/12511.md?p=44) shall have the right to [remove](/usc/42/9601.md?p=23) a [fellow](#a-3) from the organization and relocate the [fellow](#a-3) to another site.
- (e) **Fellows—**
  - (1) **In general—** To be eligible to participate in a service [project](/usc/42/12511.md?p=35) as a [fellow](#a-3) and receive a ServeAmerica [Fellowship](/usc/42/1862n–1.md?p=i-3), an [eligible fellowship recipient](#a-2) shall—
    - (A) within 3 months after being selected as an [eligible fellowship recipient](#a-2) by a [State Commission](/usc/42/12511.md?p=44), select a registered [service sponsor](/usc/42/12511.md?p=42) organization described in [subsection (d)](#d)—
      - (i) with which the [recipient](/usc/42/2996a.md?p=6) is interested in serving under this section; and
      - (ii) that is located in the [State](/usc/42/12511.md?p=43) served by the [State Commission](/usc/42/12511.md?p=44);
    - (B) enter into an [agreement](/usc/42/1320b–8.md?p=a-3-A) with the organization—
      - (i) that specifies the service the [recipient](/usc/42/2996a.md?p=6) will provide if the placement is approved; and
      - (ii) in which the [recipient](/usc/42/2996a.md?p=6) agrees to serve for 1 year on a full-time or part-time basis (as determined by the [Corporation](/usc/42/2296b–7.md?p=1)); and
    - (C) submit such [agreement](/usc/42/1320b–8.md?p=a-3-A) to the [State Commission](/usc/42/12511.md?p=44).
  - (2) **Award—** Upon receiving the [eligible fellowship recipient](#a-2)’s [agreement](/usc/42/1320b–8.md?p=a-3-A) under [paragraph (1)](#e-1), the [State Commission](/usc/42/12511.md?p=44) shall award a ServeAmerica [Fellowship](/usc/42/1862n–1.md?p=i-3) to the [recipient](/usc/42/2996a.md?p=6) and designate the [recipient](/usc/42/2996a.md?p=6) as a [fellow](#a-3).
  - (3) **Fellowship amount—**
    - (A) **In general—** From amounts received under [subsection (b)](#b), each [State Commission](/usc/42/12511.md?p=44) shall award each of the [State](/usc/42/12511.md?p=43)’s [fellows](#a-3) a ServeAmerica [Fellowship](/usc/42/1862n–1.md?p=i-3) amount that is equal to 50 percent of the amount of the [average annual VISTA subsistence allowance](#e-3-F).
    - (B) **Amount from service sponsor organization—**
      - (i) **In general—** Except as provided in [clause (ii)](#e-3-B-ii) and [subparagraph (E)](#e-3-E), the [service sponsor](/usc/42/12511.md?p=42) organization shall award to the [fellow](#a-3) serving such organization an amount that will ensure that the total award received by the [fellow](#a-3) for service in the service [project](/usc/42/12511.md?p=35) (consisting of such amount and the ServeAmerica [Fellowship](/usc/42/1862n–1.md?p=i-3) amount the [fellow](#a-3) receives under [subparagraph (A)](#e-3-A)) is equal to or greater than 70 percent of the [average annual VISTA subsistence allowance](#e-3-F).
      - (ii) **Small service sponsor organizations—** In the case of a small service sponsor organization, the small service sponsor organization may decrease the amount of the [service sponsor](/usc/42/12511.md?p=42) organization award required under [clause (i)](#e-3-B-i) to not less than an amount that will ensure that the total award received by the [fellow](#a-3) for service in the service [project](/usc/42/12511.md?p=35) (as calculated in [clause (i)](#e-3-B-i)) is equal to or greater than 60 percent of the [average annual VISTA subsistence allowance](#e-3-F).
    - (C) **Maximum living allowance—** The total amount that may be provided to a [fellow](#a-3) under this subparagraph shall not exceed 100 percent of the [average annual VISTA subsistence allowance](#e-3-F).
    - (D) **Proration of amount—** In the case of a [fellow](#a-3) who is authorized to serve a part-time term of service under the [agreement](/usc/42/1320b–8.md?p=a-3-A) described in [paragraph (1)(B)(ii)](#e-1-B-ii), the amount provided to a [fellow](#a-3) under this paragraph shall be prorated accordingly.
    - (E) **Waiver—** The [Corporation](/usc/42/2296b–7.md?p=1) may allow a [State Commission](/usc/42/12511.md?p=44) to waive the amount required under [subparagraph (B)](#e-3-B) from the [service sponsor](/usc/42/12511.md?p=42) organization for a [fellow](#a-3) serving the organization if—
      - (i) such requirement is inconsistent with the objectives of the ServeAmerica [Fellowship](/usc/42/1862n–1.md?p=i-3) [program](/usc/42/274l–1.md?p=4); and
      - (ii) the amount provided to the [fellow](#a-3) under [subparagraph (A)](#e-3-A) is sufficient to meet the necessary costs of living (including food, [housing](/usc/42/1490p–2.md?p=r-3), and transportation) in the area in which the ServeAmerica [Fellowship](/usc/42/1862n–1.md?p=i-3) [program](/usc/42/274l–1.md?p=4) is located.
    - (F) **Definition—** In this paragraph, the term “average annual VISTA subsistence allowance” means the total average annual subsistence allowance provided to VISTA volunteers under [section 4955 of this title](/usc/42/4955.md).
- (f) **Compliance with ineligible service categories—** Service under a ServeAmerica [Fellowship](/usc/42/1862n–1.md?p=i-3) shall comply with [section 12584(a) of this title](/usc/42/12584.md?p=a). For purposes of applying that section to this subsection, a reference to assistance shall be considered to be a reference to assistance provided under this section.
- (g) **Reports—** Each [service sponsor](/usc/42/12511.md?p=42) organization that receives a [fellow](#a-3) under this section shall, on a biweekly basis, report to the [Corporation](/usc/42/2296b–7.md?p=1) on the number of hours served and the services provided by that [fellow](#a-3). The [Corporation](/usc/42/2296b–7.md?p=1) shall establish a web portal for the organizations to use in reporting the information.
- (h) **Educational awards—** A [fellow](#a-3) who serves in a service [project](/usc/42/12511.md?p=35) under this section shall be considered to have served in an [approved national service position](/usc/42/12511.md?p=3) and, upon meeting the requirements of [section 12603 of this title](/usc/42/12603.md) for full-time or part-time national service, shall be eligible for a national service educational award described in such section. The [Corporation](/usc/42/2296b–7.md?p=1) shall transfer an appropriate amount of [funds](/usc/42/12854.md?p=3) to the National Service [Trust](/usc/42/12854.md?p=6) to provide for the national service educational award for such [fellow](#a-3).

## Footnotes

[^1]: So in original. Probably should be “(e)(3)(B)”.

## Source credit

(Pub. L. 101–610, title I, § 198B, as added Pub. L. 111–13, title I, § 1805, Apr. 21, 2009, 123 Stat. 1554.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 12653b, Pub. L. 101–610, title I, § 198B, as added Pub. L. 103–82, title I, § 104(c), Sept. 21, 1993, 107 Stat. 843, which related to Presidential awards for service to individuals providing significant service and to outstanding service programs, was renumbered section 198A of Pub. L. 101–610 by Pub. L. 111–13, title I, § 1803(b), Apr. 21, 2009, 123 Stat. 1554, and transferred to section 12653a of this title.

Another prior section 12653b, Pub. L. 101–610, title I, § 195B, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2523, which related to national service program component of Civilian Community Corps Demonstration Program, was renumbered section 153 of Pub. L. 101–610 by Pub. L. 103–82, title I, § 104(b), Sept. 21, 1993, 107 Stat. 840, and transferred to section 12613 of this title.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an Effective Date of 2009 Amendment note under section 4950 of this title.