42 U.S.C. § 12529 — Limitations on uses of funds

Page 8309 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12529 A prior section 116 of Pub. L. 101–610 was classified to section 12529 of this title prior to the general amend- ment of this part by Pub. L. 111–13. Another prior section 116 of Pub. L. 101–610 was classi- fied to section 12526 of this title prior to repeal by Pub. L. 103–82. 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. § 12529. Limitations on uses of funds Not more than 6 percent of the amount of as- sistance received by a State, territory, or Indian tribe that is the original recipient of an allot- ment under this part for a fiscal year may be used to pay, in accordance with such standards as the Corporation may issue, for administrative costs, incurred by that recipient. (Pub. L. 101–610, title I, § 117, as added Pub. L. 111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1474.) Editorial Notes PRIOR PROVISIONS A prior section 12529, Pub. L. 101–610, title I, § 116, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 832, related to Federal, State, and local contribu- tions, prior to the general amendment of this part by Pub. L. 111–13, effective Oct. 1, 2009. A prior section 117 of Pub. L. 101–610 was classified to section 12541 of this title prior to the general amend- ment of this part by Pub. L. 111–13. Another prior section 117 of Pub. L. 101–610 was classi- fied to section 12527 of this title prior to repeal by Pub. L. 103–82. Prior sections 12530, 12531, 12541 to 12547, and 12551, comprising former subpart B of this part relating to community-based service programs for school-age youth and former subpart C of this part relating to es- tablishment of a service-learning clearinghouse, were omitted in the general amendment of this part by Pub. L. 111–13. Section 12530, Pub. L. 101–610, title I, § 116A, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 832, set forth limitations on uses of funds. Section 12531, Pub. L. 101–610, title I, § 116B, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 833, defined terms used in former subpart A. Another prior section 12531, Pub. L. 101–610, title I, § 118, Nov. 16, 1990, 104 Stat. 3139; Pub. L. 102–10, § 4(6), Mar. 12, 1991, 105 Stat. 30, related to higher education innovative projects for community service, prior to re- peal by Pub. L. 103–82, § 103(b). Section 12541, Pub. L. 101–610, title I, § 117, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 833, defined terms used in former subpart B. Another prior section 12541, Pub. L. 101–610, title I, § 121, Nov. 16, 1990, 104 Stat. 3140, as amended, which prescribed general authority of Commission to make grants and transfer funds for youth corps programs, was renumbered section 199A of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), and transferred to section 12655 of this title. Section 12542, Pub. L. 101–610, title I, § 117A, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 833, gave the Corporation grantmaking authority. Another prior section 12542, Pub. L. 101–610, title I, § 122, Nov. 16, 1990, 104 Stat. 3140, as amended, which re- lated to allocation of funds by Commission for con- servation and youth corps programs, was renumbered section 199B of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), and transferred to section 12655a of this title. Section 12543, Pub. L. 101–610, title I, § 117B, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 834, set forth an application process for State grant eli- gibility. Another prior section 12543, Pub. L. 101–610, title I, § 123, Nov. 16, 1990, 104 Stat. 3141, as amended, which re- lated to applications for assistance by States, Indian tribes and other local applicants, was renumbered sec- tion 199C of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), and transferred to section 12655b of this title. Section 12544, Pub. L. 101–610, title I, § 117C, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 834, set forth an application process for local grant eli- gibility. Another prior section 12544, Pub. L. 101–610, title I, § 124, Nov. 16, 1990, 104 Stat. 3143, as amended, which prescribed appropriate focus for conservation and youth service corps programs, was renumbered section 199D of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), and transferred to section 12655c of this title. Section 12545, Pub. L. 101–610, title I, § 117D, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 835, set forth application consideration criteria. Another prior section 12545, Pub. L. 101–610, title I, § 125, Nov. 16, 1990, 104 Stat. 3144, which related to ad- ministration of related programs, was renumbered sec- tion 199E of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), and transferred to section 12655d of this title. Section 12546, Pub. L. 101–610, title I, § 117E, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 836, related to Federal, State, and local contributions. Another prior section 12546, Pub. L. 101–610, title I, § 126, Nov. 16, 1990, 104 Stat. 3144, which related to pro- gram activities on public or Indian lands, was renum- bered section 199F of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), and transferred to section 12655e of this title. Section 12547, Pub. L. 101–610, title I, § 117F, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 836, placed limitations on uses of funds. Another prior section 12547, Pub. L. 101–610, title I, § 127, Nov. 16, 1990, 104 Stat. 3145, which related to train- ing and education services, was renumbered section 199G of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), and transferred to section 12655f of this title. A prior section 12548, Pub. L. 101–610, title I, § 128, Nov. 16, 1990, 104 Stat. 3146, as amended, which related to amount of award and matching requirement, was re- numbered section 199H of Pub. L. 101–610 by Pub. L. 103–82, title I, § 101(a), Sept. 21, 1993, 107 Stat. 788, and transferred to section 12655g of this title, prior to re- peal by Pub. L. 103–82, § 101(e)(8)(A). A prior section 12549, Pub. L. 101–610, title I, § 129, Nov. 16, 1990, 104 Stat. 3146, which related to preference for certain projects, was successively renumbered sec- tion 199I, then 199H, of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), (e)(8)(B), and transferred to section 12655h of this title. A prior section 12550, Pub. L. 101–610, title I, § 130, Nov. 16, 1990, 104 Stat. 3146, as amended, which related to age and citizenship criteria for enrollment, was suc- cessively renumbered section 199J, then 199I, of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), (e)(8)(B), and trans- ferred to section 12655i of this title. Section 12551, Pub. L. 101–610, title I, § 118, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 836, required the Corporation to provide funds for a service-learning clearinghouse. Another prior section 12551, Pub. L. 101–610, title I, § 131, Nov. 16, 1990, 104 Stat. 3147, which related to use of volunteers in assisting program projects, was succes- sively renumbered section 199K, then 199J, of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), (e)(8)(B), and trans- ferred to section 12655j of this title. A prior section 12552, Pub. L. 101–610, title I, § 132, Nov. 16, 1990, 104 Stat. 3147, which related to post-serv- ice benefits, was renumbered section 199L of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), and transferred to sec- tion 12655k of this title, prior to repeal by Pub. L. 103–82, § 101(e)(8)(A). A prior section 12553, Pub. L. 101–610, title I, § 133, Nov. 16, 1990, 104 Stat. 3147, as amended, which related to living allowance, was successively renumbered sec- Page 8310 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12561 1 See References in Text note below. tion 199M, then 199K, of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), (e)(8)(B), and transferred to section 12655l of this title. A prior section 12554, Pub. L. 101–610, title I, § 134, Nov. 16, 1990, 104 Stat. 3148, which related to joint pro- grams, was successively renumbered section 199N, then 199L, of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), (e)(8)(B), and transferred to section 12655m of this title. A prior section 12555, Pub. L. 101–610, title I, § 135, Nov. 16, 1990, 104 Stat. 3149, which related to Federal and State employee status, was successively renum- bered section 199O, then 199M, of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), (e)(8)(B), and transferred to section 12655n of this title. A prior section 12556, Pub. L. 101–610, title I, § 136, Nov. 16, 1990, 104 Stat. 3150, directed Commission on Na- tional and Community Service to promulgate regula- tions implementing American Conservation Youth Corps program and established procedures for promul- gation, prior to repeal by Pub. L. 102–10, § 5(7), Mar. 12, 1991, 105 Stat. 31. 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. PART II—HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY SERVICE § 12561. Higher education innovative programs for community service (a) Purpose It is the purpose of this part to expand partici- pation in community service by supporting in- novative community service programs through service-learning carried out through institu- tions of higher education, acting as civic insti- tutions to meet the human, educational, envi- ronmental, or public safety needs of neighboring communities. (b) General authority The Corporation, in consultation with the Sec- retary of Education, is authorized to make grants to, and enter into contracts with, institu- tions of higher education (including a consor- tium of such institutions), and partnerships comprised of such institutions and of other pub- lic or private nonprofit organizations, to pay for the Federal share of the cost of— (1) enabling such an institution or partner- ship to create or expand an organized commu- nity service program that— (A) engenders a sense of social responsi- bility and commitment to the community in which the institution is located; (B) provides projects for participants, who shall be students, faculty, administration, or staff of the institution, or residents of the community; and (C) the institution or partnership may co- ordinate with service-learning curricula being offered in the academic curricula at the institution of higher education or at 1 or more members of the partnership; (2) supporting student-initiated and student- designed community service projects through the program; (3) strengthening the leadership and instruc- tional capacity of institutions of higher edu- cation and their faculty, with respect to serv- ice-learning, by— (A) including service-learning as a key component of the preservice teacher cur- ricula of the institution to strengthen the instructional capacity of teachers to provide service-learning at the elementary and sec- ondary levels; (B) including service-learning as a compo- nent of other curricula or academic pro- grams (other than education curricula or programs), such as curricula or programs re- lating to nursing, medicine, criminal justice, or public policy; and (C) encouraging the faculty of the institu- tion to use service-learning methods throughout their curriculum; (4) facilitating the integration of community service carried out under the program into academic curricula, including integration of clinical programs into the curriculum for stu- dents in professional schools, so that students can obtain credit for their community service projects; (5) supplementing the funds available to carry out work-study programs under part C of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq.) 1 to support service- learning and community service through the community service program; (6) strengthening the service infrastructure within institutions of higher education in the United States through the program; and (7) providing for the training of teachers, prospective teachers, related education per- sonnel, and community leaders in the skills necessary to develop, supervise, and organize service-learning. (c) Federal, State, and local contributions (1) Federal share (A) In general The Federal share of the cost of carrying out a program for which assistance is pro- vided under this part may not exceed 50 per- cent of the total cost of the program. (B) Non-Federal contribution In providing for the remaining share of the cost of carrying out such a program, each re- cipient of a grant or contract under this part— (i) shall provide for such share through a payment in cash or in kind, fairly evalu- ated, including facilities, equipment, or services; and (ii) may provide for such share through State sources or local sources, including private funds or donated services. (2) Waiver The Chief Executive Officer may waive the requirements of paragraph (1) in whole or in part with respect to any such program for any fiscal year if the Corporation determines that such a waiver would be equitable due to a lack of available financial resources at the local level.