42 U.S.C. § 12581 — Provision of assistance and approved na-

Page 8328 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12581 (3) Amount of assistance A challenge grant under this subsection may provide, for an initial 3-year grant period, not more than $1 of assistance under this sub- section for each $1 in cash raised from private sources by the program supported under the national service laws in excess of amounts re- quired to be provided by the program to sat- isfy matching funds requirements. After an initial 3-year grant period, a grant under this subsection may provide not more than $1 of as- sistance under this subsection for each $2 in cash raised from private sources by the pro- gram in excess of amounts required to be pro- vided by the program to satisfy matching funds requirements. The Corporation may per- mit the use of local or State funds under this paragraph in lieu of cash raised from private sources if the Corporation determines that such use would be equitable due to a lack of available private funds at the local level. The Corporation shall establish a ceiling on the amount of assistance that may be provided to a national service program under this sub- section. (Pub. L. 101–610, title I, § 126, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 795; amended Pub. L. 111–13, title I, § 1305, Apr. 21, 2009, 123 Stat. 1500.) Editorial Notes REFERENCES IN TEXT The Domestic Volunteer Service Act of 1973, referred to in subsec. (b), is Pub. L. 93–113, Oct. 1, 1973, 87 Stat. 394. Part A of title I of the Act is classified generally to part A (§ 4951 et seq.) of subchapter I 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. The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in subsec. (b), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. PRIOR PROVISIONS Prior sections 12576 to 12580, which related to na- tional and community service, were omitted in the gen- eral amendment of subtitle D of title I of Pub. L. 101–610 [former part D of this subchapter] by Pub. L. 103–82, § 102(a). Section 12576, Pub. L. 101–610, title I, § 146, Nov. 16, 1990, 104 Stat. 3153; Pub. L. 102–10, § 6(b), Mar. 12, 1991, 105 Stat. 31; Pub. L. 102–325, title XV, § 1557, July 23, 1992, 106 Stat. 841, related to post-service benefits. A prior section 126 of Pub. L. 101–610 was renumbered section 199F and is classified to section 12655e of this title. Section 12577, Pub. L. 101–610, title I, § 147, Nov. 16, 1990, 104 Stat. 3154, related to living allowances for par- ticipants. Section 12578, Pub. L. 101–610, title I, § 148, Nov. 16, 1990, 104 Stat. 3155, related to training of participants. Section 12579, Pub. L. 101–610, title I, § 149, Nov. 16, 1990, 104 Stat. 3156, related to cooperation between pub- lic and private entities. Section 12580, Pub. L. 101–610, title I, § 150, Nov. 16, 1990, 104 Stat. 3156, related to in-service education bene- fits. AMENDMENTS 2009—Subsec. (a)(1). Pub. L. 111–13, § 1305(1)(A), sub- stituted ‘‘$250,000 and $1,000,000’’ for ‘‘$125,000 and $750,000’’ and ‘‘12681(a)(5)’’ for ‘‘12681(a)(4)’’. Subsec. (a)(2), (3). Pub. L. 111–13, § 1305(1)(B), added pars. (2) and (3) and struck out former par. (2). Text of former par. (2) read as follows: ‘‘Notwithstanding the amounts specified in paragraph (1), the amount of a grant that may be provided to a State Commission under this subsection, together with other Federal funds available to establish or operate the State Com- mission, may not exceed— ‘‘(A) 85 percent of the total cost to establish or op- erate the State Commission for the first year for which the State Commission receives assistance under this subsection; and ‘‘(B) such smaller percentage of such cost as the Corporation may establish for the second, third, and fourth years of such assistance in order to ensure that the Federal share does not exceed 50 percent of such costs for the fifth year, and any subsequent year, for which the State Commission receives assist- ance under this subsection.’’ Subsec. (b). Pub. L. 111–13, § 1305(2), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: ‘‘The Corporation may undertake activities, including activities carried out through part A of title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.), to involve in disaster relief efforts youth corps programs described in section 12572(a)(2) of this title and other programs that receive assistance under the national service laws.’’ Subsec. (c)(1). Pub. L. 111–13, § 1305(3)(A), substituted ‘‘to programs supported under the national service laws’’ for ‘‘to national service programs that receive assistance under section 12571 of this title’’. Subsec. (c)(3). Pub. L. 111–13, § 1305(3)(B), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: ‘‘A challenge grant under this sub- section may provide not more than $1 of assistance under this subsection for each $1 in cash raised by the national service program from private sources in excess of amounts required to be provided by the program to satisfy matching funds requirements under section 12571(e) of this title. The Corporation shall establish a ceiling on the amount of assistance that may be pro- vided to a national service program under this sub- section.’’ 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 Section effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as an Effective Date of 1993 Amend- ment note under section 1701 of Title 16, Conservation. PART II—APPLICATION AND APPROVAL PROCESS § 12581. Provision of assistance and approved na- tional service positions (a) One percent allotment for certain territories Of the funds allocated by the Corporation for provision of assistance under section 12571(a) of this title for a fiscal year, the Corporation shall reserve 1 percent for grants to the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands upon approval by the Corporation of an applica- tion submitted under section 12582 of this title. The Corporation shall allot for a grant to each such territory under this subsection for a fiscal year an amount that bears the same ratio to 1 percent of the allocated funds for that fiscal year as the population of the territory bears to the total population of all such territories. Page 8329 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12581 (b) Allotment for Indian tribes Of the funds allocated by the Corporation for provision of assistance under section 12571(a) of this title for a fiscal year, the Corporation shall reserve at least 1 percent for grants to Indian tribes to be allotted by the Corporation on a competitive basis. (c) Reservation of approved positions The Corporation shall ensure that each indi- vidual selected during a fiscal year for assign- ment as a VISTA volunteer under title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.) or as a participant in the Na- tional Civilian Community Corps Program under division E shall receive the national serv- ice educational award described in division D if the individual satisfies the eligibility require- ments for the award. Funds for approved na- tional service positions required by this para- graph for a fiscal year shall be deducted from the total funding for approved national service positions to be available for distribution under subsections (d) and (e) for that fiscal year. (d) Allotment for competitive grants (1) In general Of the funds allocated by the Corporation for provision of assistance under section 12571(a) of this title for a fiscal year and subject to section 12585(d)(3) of this title, the Corporation shall reserve not more than 62.7 percent for grants awarded on a competitive basis to States specified in subsection (e)(1) for na- tional service programs, to nonprofit organiza- tions seeking to operate a national service program in 2 or more of those States, and to Indian tribes. (2) Equitable treatment In the consideration of applications for such grants, the Corporation shall ensure the equi- table treatment of applicants from urban areas, applicants from rural areas, applicants of diverse sizes (as measured by the number of participants served), applicants from States, and applicants from national nonprofit organi- zations. (3) Encore service programs In making grants under this subsection for a fiscal year, the Corporation shall make an ef- fort to allocate not less than 10 percent of the financial assistance and approved national service positions provided through the grants for that fiscal year to eligible entities pro- posing to carry out encore service programs, unless the Corporation does not receive a suf- ficient number of applications of adequate quality to justify making that percentage available to those eligible entities. (4) Corps programs In making grants under this subsection for a fiscal year, the Corporation— (A) shall select 2 or more of the national service corps described in section 12572(a) of this title to receive grants under this sub- section; and (B) may select national service programs described in section 12572(b) of this title to receive such grants. (e) Allotment to certain States on formula basis (1) Grants Of the funds allocated by the Corporation for provision of assistance under section 12571(a) of this title for a fiscal year, the Corporation shall make a grant to each of the several States, the District of Columbia, and the Com- monwealth of Puerto Rico that submits an ap- plication under section 12582 of this title that is approved by the Corporation. (2) Allotments The Corporation shall allot for a grant to each such State under this subsection for a fis- cal year an amount that bears the same ratio to 35.3 percent of the allocated funds for that fiscal year as the population of the State bears to the total population of the several States, the District of Columbia, and the Common- wealth of Puerto Rico, in compliance with paragraph (3). (3) Minimum amount Notwithstanding paragraph (2), the min- imum grant made available to each State ap- proved by the Corporation under paragraph (1) for each fiscal year shall be at least $600,000, or 0.5 percent of the amount allocated for the State formula under this subsection for the fiscal year, whichever is greater. (f) Effect of failure to apply If a State or territory fails to apply for, or fails to give notice to the Corporation of its in- tent to apply for, an allotment under this sec- tion, or the Corporation does not approve the application consistent with section 12585 of this title, the Corporation may use the amount that would have been allotted under this section to the State or territory to— (1) make grants (and provide approved na- tional service positions in connection with such grants) to other community-based enti- ties under section 12571 of this title that pro- pose to carry out national service programs in such State or territory; and (2) make reallotments to other States or ter- ritories with approved applications submitted under section 12582 of this title, from the al- lotment funds not used to make grants as de- scribed in paragraph (1). (g) Application required The Corporation shall make an allotment of assistance (including the provision of approved national service positions) to a recipient under this section only pursuant to an application sub- mitted by a State or other applicant under sec- tion 12582 of this title. (h) Approval of positions subject to available funds The Corporation may not approve positions as approved national service positions under this division for a fiscal year in excess of the number of such positions for which the Corporation has sufficient available funds in the National Serv- ice Trust for that fiscal year, taking into con- sideration funding needs for national service educational awards under division D based on completed service. If appropriations are insuffi- cient to provide the maximum allowable na- Page 8330 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12581 tional service educational awards under division D for all eligible participants, the Corporation is authorized to make necessary and reasonable adjustments to program rules. (i) Sponsorship of approved national service po- sitions (1) Sponsorship authorized The Corporation may enter into agreements with persons or entities who offer to sponsor national service positions for which the person or entity will be responsible for supplying the funds necessary to provide a national service educational award. The distribution of those approved national service positions shall be made pursuant to the agreement, and the cre- ation of those positions shall not be taken into consideration in determining the number of approved national service positions to be available for distribution under this section. (2) Deposit of contribution Funds provided pursuant to an agreement under paragraph (1) shall be deposited in the National Service Trust established in section 12601 of this title until such time as the funds are needed. (j) Reservation of funds for special assistance (1) Reservation From amounts appropriated for a fiscal year pursuant to the authorization of appropria- tions in section 12681(a)(2) of this title and al- located to carry out this division and subject to the limitation in such section, the Corpora- tion may reserve such amount as the Corpora- tion considers to be appropriate for the pur- pose of making assistance available under sub- sections (b) and (c) of section 12576 of this title. (2) Limitation The amount reserved under paragraph (1) for a fiscal year may not exceed $10,000,000. (3) Timing The Corporation shall reserve such amount, and any amount reserved under subsection (k) from funds appropriated and allocated to carry out this division, before allocating funds for the provision of assistance under any other provision of this division. (k) Reservation of funds to increase the partici- pation of individuals with disabilities (1) Reservation To make grants to public or private non- profit organizations to increase the participa- tion of individuals with disabilities in national service and for demonstration activities in furtherance of this purpose, and subject to the limitation in paragraph (2), the Chief Execu- tive Officer shall reserve not less than 2 per- cent from the amounts, appropriated to carry out this division and divisions D, E, and H for each fiscal year. (2) Limitation The amount reserved under paragraph (1) for a fiscal year may not exceed $20,000,000. (3) Remainder The Chief Executive Officer may use the funds reserved under paragraph (1), and not distributed to make grants under this sub- section for other activities described in sec- tion 12681(a)(2) of this title. (l) Authority for fixed-amount grants (1) In general (A) Authority From amounts appropriated for a fiscal year to provide financial assistance under the national service laws, the Corporation may provide assistance in the form of fixed- amount grants in an amount determined by the Corporation under paragraph (2) rather than on the basis of actual costs incurred by a program. (B) Limitation Other than fixed-amount grants to support programs described in section 12581a of this title, for the 1-year period beginning on the effective date of the Serve America Act, the Corporation may provide assistance in the form of fixed-amount grants to programs that only offer full-time positions. (2) Determination of amount of fixed-amount grants A fixed-amount grant authorized by this subsection shall be in an amount determined by the Corporation that is— (A) significantly less than the reasonable and necessary costs of administering the program supported by the grant; and (B) based on an amount per individual en- rolled in the program receiving the grant, taking into account— (i) the capacity of the entity carrying out the program to manage funds and achieve programmatic results; (ii) the number of approved national service positions, approved silver scholar positions, or approved summer of service positions for the program, if applicable; (iii) the proposed design of the program; (iv) whether the program provides serv- ice to, or involves the participation of, dis- advantaged youth or otherwise would rea- sonably incur a relatively higher level of costs; and (v) such other factors as the Corporation may consider under section 12585 of this title in considering applications for assist- ance. (3) Requirements for grant recipients In awarding a fixed-amount grant under this subsection, the Corporation— (A) shall require the grant recipient— (i) to return a pro rata amount of the grant funds based upon the difference be- tween the number of hours served by a par- ticipant and the minimum number of hours for completion of a term of service (as established by the Corporation); (ii) to report on the program’s perform- ance on standardized measures and per- formance levels established by the Cor- poration; (iii) to cooperate with any evaluation ac- tivities undertaken by the Corporation; and (iv) to provide assurances that addi- tional funds will be raised in support of the Page 8331 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12582 program, in addition to those received under the national service laws; and (B) may adopt other terms and conditions that the Corporation considers necessary or appropriate based on the relative risks (as determined by the Corporation) associated with any application for a fixed-amount grant. (4) Other requirements not applicable Limitations on administrative costs and matching fund documentation requirements shall not apply to fixed-amount grants pro- vided in accordance with this subsection. (5) 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 or other requirements of Office of Manage- ment and Budget Circular A–133. (Pub. L. 101–610, title I, § 129, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 796; amended Pub. L. 111–13, title I, § 1306, Apr. 21, 2009, 123 Stat. 1501.) Editorial Notes REFERENCES IN TEXT The Domestic Volunteer Service Act of 1973, referred to in subsec. (c), is Pub. L. 93–113, Oct. 1, 1973, 87 Stat. 394. Title I of the Act is classified generally to sub- chapter I (§ 4951 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. For the effective date of the Serve America Act, re- ferred to in subsec. (l)(1)(B), as 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. PRIOR PROVISIONS A prior section 129 of Pub. L. 101–610 was renumbered section 199H and is classified to section 12655h of this title. AMENDMENTS 2009—Pub. L. 111–13 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (g) relating to allotments of assistance and approved na- tional service positions to States and Indian tribes, res- ervation of the national service educational award for eligible individuals in approved positions, reservation of amounts appropriated as considered appropriate for special assistance, competitive distribution of remain- ing funds, application requirement, approval of posi- tions subject to available funds, and sponsorship of ap- proved national service positions. 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 Section effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as an Effective Date of 1993 Amend- ment note under section 1701 of Title 16, Conservation. § 12581a. Educational awards only program (a) In general From amounts appropriated for a fiscal year to provide financial assistance under this divi- sion and consistent with the restriction in sub- section (b), the Corporation may, through fixed- amount grants (in accordance with section 12581(l) of this title), provide operational support to programs that receive approved national service positions but do not receive funds under section 12571(a) of this title. (b) Limit on Corporation grant funds The Corporation may provide the operational support under this section for a program in an amount that is not more than $800 per individual enrolled in an approved national service posi- tion, or not more than $1,000 per such individual if at least 50 percent of the persons enrolled in the program are disadvantaged youth. (c) Inapplicable provisions The following provisions shall not apply to programs funded under this section: (1) The limitation on administrative costs under section 12571(d) of this title. (2) The matching funds requirements under section 12571(e) of this title. (3) The living allowance and other benefits under sections 12583(e) and 12594 of this title (other than individualized support services for participants with disabilities under section 12594(f) of this title). (Pub. L. 101–610, title I, § 129A, as added Pub. L. 111–13, title I, § 1307, Apr. 21, 2009, 123 Stat. 1505.) 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. § 12582. Application for assistance and approved national service positions (a) Time, manner, and content of application To be eligible to receive assistance under sec- tion 12571(a) of this title or approved national service positions for participants who serve in the national service programs to be carried out using the assistance, a State, territory, subdivi- sion of a State, Indian tribe, public or private nonprofit organization, or institution of higher education shall prepare and submit to the Cor- poration an application at such time, in such manner, and containing such information as the Corporation may reasonably require. (b) Types of permissible application information In order to have adequate information upon which to consider an application under section 12585 of this title, the Corporation may require the following information to be provided in an application submitted under subsection (a): (1) A description of the national service pro- grams proposed to be carried out directly by the applicant using assistance provided under section 12571 of this title. (2) A description of the national service pro- grams that are selected by the applicant to re- ceive a grant using assistance requested under section 12571 of this title and a description of the process and criteria by which the pro- grams were selected. (3) A description of other funding sources to be used, or sought to be used, for the national