Summary of national service organization and volunteer prohibited activities

Summary below covers existing restrictions on recipients of Corporation and National Community Service funding and, as changed in the Serve America Act, courtesy of the Center for Lobbying in the Public Interest.

Current Prohibitions in the National And Community Service Act As amended by the final version of the Serve America Act
42 U.S.C. 12584

Any organization that applies for funding must assure the Corporation that any national service program or position carried out with the Corporation’s assistance will not provide a direct benefit to any for profit business, labor union, partisan political organization, certain religious organizations and nonprofits that fail to comply with restrictions contained in 501(c)(3) of Title 26. Participants, however, may engage in advocacy activities under their own initiative.

Not amended
42 U.S.C. 12634

Grant funds may not be made to provide religious instruction, conduct worship services or engage in proselytization. They also may not be used by program participants and staff to assist, promote or deter union organizing or finance any activity designed to influence the outcome of an election to Federal, State or local public office. Finally, a program that receives assistance shall not impair existing contracts for services.

An additional prohibition is added: "(d) Referrals for Federal Assistance. —A program may not receive assistance under the national service laws for the sole purpose of referring individuals to Federal assistance programs or State assistance programs funded in part by the Federal Government."
42 U.S.C. 5043

Any program assisted under the National and Community Trust Act of 1993 shall not use AmeriCorpsVISTA funds, services or personnel to engage in partisan or nonpartisan political activity, transportation to the polls or similar assistance and voter registration activity.

Amended by adding at the end the following: SEC. 426. PROVISIONS UNDER THE NATIONAL AND COMMUNITY SERVICE ACT OF 1990.

"The Corporation shall carry out this Act in accordance with the provisions of this Act and the relevant provisions of the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.), particularly the provisions of section 122 and subtitle F of title I of the National and Community Service Act of 1990 (42 U.S.C. 12572, 12631 et seq.) relating to the national service laws."

CFR §1226.4

Volunteers may not engage in electoral activities, voter registration activities, transportation to the polls or efforts to influence legislation. The volunteer, however, may testify or make a presentation to a committee or individual legislator or if the appropriations measure directly affects the program’s operation.

In addition, full time volunteers are subject to the Hatch Act and shall not actively participate in political management or in political campaigns during their service time and during off-duty hours.

Not amended

OMB Circular A133

Among restrictions governing Corporation assistance, grant funds may not be used to provide a direct benefit to any for profit business,labor union, religious activities to provide religious instructions, conduct worship services or proselytize, assist or deter union organizing, impair existing contracts for services, organize protests or petitions or finance the outcome of an election to Federal, State or local public office (42 USC 12584 and 12634; 45 CFR section 2520.30).

Rule Of Construction.— Nothing in this subsection shall relieve a grant recipient of the responsibility to comply with the requirements of chapter 75 of title 31, United States Code, or other requirements of Office of Management and Budget Circular A-133."

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