42 U.S.C. § 12576 — Other special assistance

Page 8327 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12576 that submits an application under section 12582 of this title for the expansion of a proven na- tional service program to another geographical location. Assistance provided in accordance with this subsection may cover a period of not more than 3 years, but may be renewed by the Cor- poration upon consideration of a new applica- tion under section 12582 of this title. (d) Application to subgrants The requirements of this section shall apply to any State or other applicant receiving assist- ance under section 12571 of this title that pro- poses to conduct a grant program using the as- sistance to support other national service pro- grams. (Pub. L. 101–610, title I, § 124, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 794.) Editorial Notes PRIOR PROVISIONS A prior section 12574, Pub. L. 101–610, title I, § 144, Nov. 16, 1990, 104 Stat. 3152, related to terms of service for national and community service, prior to 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). A prior section 124 of Pub. L. 101–610 was renumbered section 199D, and is classified to section 12655c of this title. Statutory Notes and Related Subsidiaries 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. § 12575. Repealed. Pub. L. 111–13, title I, § 1304, Apr. 21, 2009, 123 Stat. 1500 Section, Pub. L. 101–610, title I, § 125, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 795, re- lated to training and technical assistance. A prior section 12575, Pub. L. 101–610, title I, § 145, Nov. 16, 1990, 104 Stat. 3153; Pub. L. 102–10, § 6(a), Mar. 12, 1991, 105 Stat. 31, related to eligibility for part-time, full-time, and special senior service in national and community service program, prior to the general amendment of subtitle D of title I of Pub. L. 101–610 (former part D of this subchapter) by Pub. L. 103–82. A prior section 125 of Pub. L. 101–610 was renumbered section 199E, and is classified to section 12655d of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal 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. § 12576. Other special assistance (a) Support for State Commissions (1) Grants authorized From amounts appropriated for a fiscal year pursuant to the authorization of appropriation in section 12681(a)(5) of this title, the Corpora- tion may make a grant in an amount between $250,000 and $1,000,000 to a State to assist the State to establish or operate the State Com- mission on National and Community Service required to be established by the State under section 12638 of this title. (2) Matching requirement In making a grant to a State under this sub- section, the Corporation shall require the State to agree to provide matching funds from non-Federal sources of not less than $1 for every $1 provided by the Corporation through the grant. (3) Alternative Notwithstanding paragraph (2), the Chief Ex- ecutive Officer may permit a State that dem- onstrates hardship or a new State Commission to meet alternative matching requirements for such a grant as follows: (A) First $100,000 For the first $100,000 of grant funds pro- vided by the Corporation, the State involved shall not be required to provide matching funds. (B) Amounts greater than $100,000 For grant amounts of more than $100,000 and not more than $250,000 provided by the Corporation, the State shall agree to provide matching funds from non-Federal sources of not less than $1 for every $2 provided by the Corporation, in excess of $100,000. (C) Amounts greater than $250,000 For grant amounts of more than $250,000 provided by the Corporation, the State shall agree to provide matching funds from non- Federal sources of not less than $1 for every $1 provided by the Corporation, in excess of $250,000. (b) Disaster service The Corporation may undertake activities, in- cluding 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 programs that receive assistance under the national serv- ice laws in disaster relief efforts, and to support, including through mission assignments under the Robert T. Stafford Disaster Relief and Emer- gency Assistance Act (42 U.S.C. 5121 et seq.), nonprofit organizations and public agencies re- sponding to the needs of communities experi- encing disasters. (c) Challenge grants for national service pro- grams (1) Assistance authorized The Corporation may make challenge grants under this subsection to programs supported under the national service laws. (2) Selection criteria The Corporation shall develop criteria for the selection of recipients of challenge grants under this subsection, so as to make the grants widely available to a variety of pro- grams that— (A) are high-quality national service pro- grams; and (B) are carried out by entities with dem- onstrated experience in establishing and im- plementing projects that provide benefits to participants and communities. 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.