Page:United States Statutes at Large Volume 107 Part 1.djvu/831

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PUBLIC LAW 103-82—SEPT. 21, 1993 107 STAT. 805 a portion of the participants for the program from among prospective participants recruited by the Corporation or State Commissions under section 138(d). The Corporation may specify a minimum percentage of participants to be selected from the national leadership pool established under section 138(e) and may vary the percentage for different types of national service programs. 'SEC. 132. INELIGIBLE SERVICE CATEGORIES. 42 USC 12584. "(a) IN GENERAL.—Except as provided in subsection (b), an application submitted to the Corporation under section 130 shall include an assurance by the applicant that any national service program carried out using assistance provided under section 121 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 engag^ in religious activities, unless such service does not involve tine use of assistance provided under section 121 or participants— "(A) to give religious instruction; "(B) to conduct worship services; "(C) to provide instruction as part of a progrsim 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 prosel3rtization; or (5) nonprofit organization that fails to comply with the restrictions contained in section 501(c) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)), except that nothing in this section shall be construed to prevent participants froia 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 (Jiaims Settlement Act (43 U.S.C. 1602(g)), that is established in accordance with such Act as a for-profit corporation but that is engaging in nonprofit activities. "SEC. 133. CONSIDERATION OF APPLICATIONS. 42 USC 12585. " (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 130 and provide assistance under section 121 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 subtitle 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 121(a) to support national service programs selected on a competitive basis to receive a share