42 U.S.C. § 12681 — Authorization of appropriations

Page 8432 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12681 shall be a political subdivision of a State, a busi- ness, a nonprofit organization (which may be a religious organization), an Indian tribe, or an in- stitution of higher education. (d) Projects The administrative organization shall name, under this section, projects— (1) that advance the goals of unity, and im- proving the quality of life in communities; and (2) that will be planned, or for which imple- mentation will begin, within a reasonable pe- riod after January 10, 2002, as determined by the administrative organization. (e) Website and database The administrative organization shall create and maintain websites and databases, to de- scribe projects named under this section and serve as appropriate vehicles for recognizing the projects. (Pub. L. 101–610, title IV, § 401, as added Pub. L. 107–117, div. B, § 1301(b), Jan. 10, 2002, 115 Stat. 2339; amended Pub. L. 111–13, title I, § 1831(b), Apr. 21, 2009, 123 Stat. 1578.) Editorial Notes PRIOR PROVISIONS A prior section 12671, Pub. L. 101–610, title IV, § 401, Nov. 16, 1990, 104 Stat. 3183, stated sense of Congress concerning State enactment of model Good Samaritan Food Donation Act, prior to repeal by Pub. L. 104–210, § 1(a)(1), Oct. 1, 1996, 110 Stat. 3011. A prior section 12672, Pub. L. 101–610, title IV, § 402, Nov. 16, 1990, 104 Stat. 3183, which set forth the model Good Samaritan Food Donation Act, was renumbered section 22 of the Child Nutrition Act of 1966 by Pub. L. 104–210, § 1(b), Oct. 1, 1996, 110 Stat. 3012, and is classified to section 1791 of this title. A prior section 12673, Pub. L. 101–610, title IV, § 403, Nov. 16, 1990, 104 Stat. 3185, provided that model Good Samaritan Food Donation Act was intended only to serve as model law for enactment by States, District of Columbia, Commonwealth of Puerto Rico, and terri- tories and possessions of United States, and that enact- ment of section 12672 of this title was to have no force or effect in law, prior to repeal by Pub. L. 104–210, § 1(a)(1), Oct. 1, 1996, 110 Stat. 3011. AMENDMENTS 2009—Subsec. (a). Pub. L. 111–13, § 1831(b)(1), sub- stituted ‘‘term ‘administrative organization’ means a nonprofit private organization that enters into an agreement with the Corporation to carry out this sec- tion.’’ for ‘‘term ‘Foundation’ means the Points of Light Foundation funded under section 301, or another nonprofit private organization, that enters into an agreement with the Corporation to carry out this sec- tion.’’ Subsecs. (b), (d), (e). Pub. L. 111–13, § 1831(b)(2), sub- stituted ‘‘administrative organization’’ for ‘‘Founda- tion’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as a note under section 4950 of this title. SUBCHAPTER IV—AUTHORIZATION OF APPROPRIATIONS § 12681. Authorization of appropriations (a) Subchapter I (1) Division B (A) In general There are authorized to be appropriated to provide financial assistance under division B of subchapter I— (i) $97,000,000 for fiscal year 2010; and (ii) such sums as may be necessary for each of fiscal years 2011 through 2014. (B) Part IV reservation Of the amount appropriated under sub- paragraph (A) for a fiscal year, the Corpora- tion may reserve such sums as may be nec- essary to carry out part IV of division B of subchapter I. (C) Section 12561a Of the amount appropriated under sub- paragraph (A) and not reserved under sub- paragraph (B) for a fiscal year, not more than $7,000,000 shall be made available for awards to Campuses of Service under section 12561a of this title. (D) Section 12563(c)(8) Of the amount appropriated under sub- paragraph (A) and not reserved under sub- paragraph (B) for a fiscal year, not more than $10,000,000 shall be made available for summer of service program grants under sec- tion 12563(c)(8) of this title, and not more than $10,000,000 shall be deposited in the Na- tional Service Trust to support summer of service educational awards, consistent with section 12563(c)(8) of this title. (E) Section 12563(c)(9) Of the amount appropriated under sub- paragraph (A) and not reserved under sub- paragraph (B) for a fiscal year, not more than $20,000,000 shall be made available for youth engagement zone programs under sec- tion 12563(c)(9) of this title. (F) General programs Of the amount remaining after the appli- cation of subparagraphs (A) through (E) for a fiscal year— (i) not more than 60 percent shall be available to provide financial assistance under part I of division B of subchapter I; (ii) not more than 25 percent shall be available to provide financial assistance under part II of such division; and (iii) not less than 15 percent shall be available to provide financial assistance under part III of such division. (2) Divisions C and D There are authorized to be appropriated, for each of fiscal years 2010 through 2014, such sums as may be necessary to provide financial assistance under division C of subchapter I and to provide national service educational awards under division D of subchapter I for the num- ber of participants described in section 12571(f)(1) of this title for each such fiscal year. Page 8433 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12681 1 See References in Text note below. (3) Division E (A) In general There are authorized to be appropriated to operate the National Civilian Community Corps and provide financial assistance under division E of subchapter I, such sums as may be necessary for each of fiscal years 2010 through 2014. (B) Priority Notwithstanding any other provision of this chapter, in obligating the amounts made available pursuant to the authoriza- tion of appropriations in this paragraph, pri- ority shall be given to programs carrying out activities in areas for which the Presi- dent has declared the existence of a major disaster, in accordance with section 5170 of this title, including a major disaster as a consequence of Hurricane Katrina or Rita. (4) Division H (A) Authorization There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2010 through 2014 to provide fi- nancial assistance under division H of sub- chapter I. (B) Section 12653b Of the amount authorized under subpara- graph (A) for a fiscal year, such sums as may be necessary shall be made available to pro- vide financial assistance under section 12653b of this title and to provide national service educational awards under division D of subchapter I to the number of partici- pants in national service positions estab- lished or increased as provided in section 12653b(b)(3) of this title for such year. (C) Section 12653c Of the amount authorized under subpara- graph (A) for a fiscal year, $12,000,000 shall be made available to provide financial assist- ance under section 12653c of this title. (D) Section 12653h Of the amount authorized under subpara- graph (A) for a fiscal year, such sums as may be necessary shall be made available to pro- vide financial assistance under section 12653h of this title. (E) Section 12653k Of the amount authorized under subpara- graph (A), there shall be made available to carry out section 12653k of this title— (i) $50,000,000 for fiscal year 2010; (ii) $60,000,000 for fiscal year 2011; (iii) $70,000,000 for fiscal year 2012; (iv) $80,000,000 for fiscal year 2013; and (v) $100,000,000 for fiscal year 2014. (F) Section 12653p Of the amount authorized under subpara- graph (A), there shall be made available to carry out section 12653p of this title— (i) $50,000,000 for fiscal year 2010; (ii) $60,000,000 for fiscal year 2011; (iii) $70,000,000 for fiscal year 2012; (iv) $80,000,000 for fiscal year 2013; and (v) $100,000,000 for fiscal year 2014. (5) Administration (A) In general There are authorized to be appropriated for the administration of this chapter, in- cluding financial assistance under section 12576(a) of this title, such sums as may be necessary for each of fiscal years 2010 through 2014. (B) Corporation Of the amounts appropriated under sub- paragraph (A) for a fiscal year, a portion shall be made available to provide financial assistance under section 12576(a) of this title. (6) Evaluation, training, and technical assist- ance Notwithstanding paragraphs (1), (2), and (4) and any other provision of law, of the amounts appropriated for a fiscal year under divisions B, C, and H of subchapter I of this chapter and under titles I and II of the Domestic Volunteer Service Act of 1973 [42 U.S.C. 4951 et seq., 5000 et seq.], the Corporation shall reserve not more than 2.5 percent to carry out sections 12523(e) and 12639a of this title and division K of subchapter I,1 of which $1,000,000 shall be used by the Corporation to carry out section 12639a of this title. Notwithstanding sub- section (b), amounts so reserved shall be avail- able only for the fiscal year for which the amounts are reserved. (b) Availability of appropriations Funds appropriated under this section shall remain available until expended. (Pub. L. 101–610, title V, § 501, Nov. 16, 1990, 104 Stat. 3185; Pub. L. 102–384, § 11, Oct. 5, 1992, 106 Stat. 1459; Pub. L. 103–82, title III, § 301(a), Sept. 21, 1993, 107 Stat. 897; Pub. L. 111–13, title I, § 1841, Apr. 21, 2009, 123 Stat. 1579.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(3)(B), (5)(A), (6), was in the original ‘‘this Act’’, meaning Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of this title and Tables. The Domestic Volunteer Service Act of 1973, referred to in subsec. (a)(6), is Pub. L. 93–113, Oct. 1, 1973, 87 Stat. 394. Title I of the Act is classified generally to subchapter I (§ 4951 et seq.) of chapter 66 of this title. Title II of the Act is classified generally to subchapter II (§ 5000 et seq.) of chapter 66 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4950 of this title and Tables. Division K of subchapter I, referred to in subsec. (a)(6), was in the original ‘‘subtitle J’’ which was trans- lated as meaning subtitle J of title I of Pub. L. 101–610, to reflect the probable intent of Congress. AMENDMENTS 2009—Subsec. (a). Pub. L. 111–13, § 1841(1), added sub- sec. (a) and struck out former subsec. (a) which author- ized appropriations for subchapter I of this chapter. Subsecs. (b) to (d). Pub. L. 111–13, § 1841(2), (3), redesig- nated subsec. (c) as (b) and struck out former subsec. Page 8434 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12682 1 See References in Text note below. (b), which authorized appropriations for subchapter II of this chapter, and subsec. (d), which specified the budget function for the appropriations authorized in this section. 1993—Pub. L. 103–82 amended section generally, sub- stituting subsecs. (a) to (d) for former subsecs. (a) and (b) which authorized appropriations to carry out sub- chapter I for fiscal year 1993 and subchapter II for fiscal years 1991 to 1993. 1992—Subsec. (a)(1). Pub. L. 102–384, § 11(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘There are authorized to be appropriated to carry out subchapter I of this chapter, $56,000,000 for fiscal year 1991, $95,500,000 for fiscal year 1992, and $105,000,000 for fiscal year 1993.’’ Subsec. (a)(2). Pub. L. 102–384, § 11(b), substituted ‘‘paragraph (1)(A)’’ for ‘‘paragraph (1)’’ in introductory provisions, redesignated subpars. (B) to (D) as (A) to (C), respectively, added subpar. (D), and struck out former subpar. (A) which read as follows: ‘‘$2,000,000 shall be made available to carry out part G of sub- chapter I of this chapter in each such fiscal year;’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as a note under section 4950 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103–82, title III, § 301(b), Sept. 21, 1993, 107 Stat. 898, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect on October 1, 1993.’’ § 12682. Actions under national service laws to be subject to availability of appropriations No action involving the obligation or expendi- ture of funds may be taken under one of the na- tional service laws (as defined in section 12511(15) 1 of this title) unless and until the Cor- poration for National and Community Service has sufficient appropriations available at the time such action is taken to satisfy the obliga- tion to be incurred or make the expenditure to be made. (Pub. L. 103–82, title II, § 205, Sept. 21, 1993, 107 Stat. 897.) Editorial Notes REFERENCES IN TEXT Section 12511(15) of this title, referred to in text, was redesignated section 12511(26) by Pub. L. 111–13, title I, § 1102(b)(1), Apr. 21, 2009, 123 Stat. 1467. CODIFICATION Section enacted as part of the National and Commu- nity Service Trust Act of 1993, and not as part of the National and Community Service Act of 1990 which comprises this chapter. CHAPTER 130—NATIONAL AFFORDABLE HOUSING SUBCHAPTER I—GENERAL PROVISIONS AND POLICIES Sec. 12701. National housing goal. 12702. Objective of national housing policy. 12703. Purposes of Cranston-Gonzalez National Af- fordable Housing Act. Sec. 12704. Definitions. 12705. State and local housing strategies. 12705a. Purposes of Removal of Regulatory Barriers to Affordable Housing Act. 12705b. Definition of regulatory barriers to affordable housing. 12705c. Grants for regulatory barrier removal strate- gies and implementation. 12705d. Regulatory barriers clearinghouse. 12706. Certification. 12707. Citizen participation. 12708. Compliance. 12709. Energy efficiency standards. 12710. Capacity study. 12711. Protection of State and local authority. 12712. 5-year energy efficiency plan. 12713. Eligibility under first-time homebuyer pro- grams. 12714. Repealed. SUBCHAPTER II—INVESTMENT IN AFFORDABLE HOUSING 12721. Findings. 12722. Purposes. 12723. Coordinated Federal support for housing strategies. 12724. Authorization. 12725. Notice. PART A—HOME INVESTMENT PARTNERSHIPS 12741. Authority. 12742. Eligible uses of investment. 12743. Development of model programs. 12744. Income targeting. 12745. Qualification as affordable housing. 12746. Participation by States and local govern- ments. 12747. Allocation of resources. 12748. HOME Investment Trust Funds. 12749. Repayment of investment. 12750. Matching requirements. 12751. Private-public partnership. 12752. Distribution of assistance. 12753. Penalties for misuse of funds. 12754. Limitation on jurisdictions under court order. 12755. Tenant and participant protections. 12756. Monitoring of compliance. PART B—COMMUNITY HOUSING PARTNERSHIP 12771. Set-aside for community housing develop- ment organizations. 12772. Project-specific assistance to community housing development organizations. 12773. Housing education and organizational sup- port. 12774. Other requirements. PART C—OTHER SUPPORT FOR STATE AND LOCAL HOUSING STRATEGIES 12781. Authority. 12782. Priorities for capacity development. 12783. Conditions of contracts. 12784. Research in housing affordability. 12785. REACH: asset recycling information dissemi- nation. PART D—SPECIFIED MODEL PROGRAMS 12801. General authority. 12802. Rental housing production. 12803. Rental rehabilitation. 12804. Rehabilitation loans. 12805. Sweat equity model program. 12806. Home repair services grants for older and dis- abled homeowners. 12807. Low-income housing conservation and effi- ciency grant programs. 12808. Second mortgage assistance for first-time homebuyers.