42 U.S.C. § 12653p — Volunteer generation fund

Page 8419 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12653p 1 So in original. No cl. (ii) has been enacted. grams and programs offered under the na- tional service laws accessible to individuals with disabilities; (7) disseminate applications in languages other than English; (8)(A) gather and disseminate information on successful service-learning programs and programs offered under the national service laws, components of such successful programs, innovative curricula related to service-learn- ing, and service-learning projects; and (B) coordinate the activities of the clearing- house with appropriate entities to avoid dupli- cation of effort; (9) make recommendations to State and local entities on quality controls to improve the quality of service-learning programs and programs offered under the national service laws; (10) assist organizations in recruiting, screening, and placing a diverse population of service-learning coordinators and program sponsors; (11) disseminate effective strategies for working with disadvantaged youth in national service programs, as determined by organiza- tions with an established expertise in working with such youth; and (12) carry out such other activities as the Chief Executive Officer determines to be ap- propriate. (Pub. L. 101–610, title I, § 198O, as added Pub. L. 111–13, title I, § 1808, Apr. 21, 2009, 123 Stat. 1572.) Editorial Notes PRIOR PROVISIONS A prior section 12653o, Pub. L. 101–610, title I, § 195O, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2532, which defined terms used in former part H of this subchapter, was renumbered sec- tion 166 of Pub. L. 101–610 and transferred to section 12626 of this title and subsequently renumbered section 165 of Pub. L. 101–610 by section 1516(1) of Pub. L. 111–13. 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. § 12653p. Volunteer generation fund (a) Grants authorized Subject to the availability of appropriations for this section, the Corporation may make grants to State Commissions and nonprofit or- ganizations for the purpose of assisting the State Commissions and nonprofit organizations to— (1) develop and carry out volunteer programs described in subsection (c); and (2) make subgrants to support and create new local community-based entities that re- cruit, manage, or support volunteers as de- scribed in such subsection. (b) Application (1) In general Each State Commission or nonprofit organi- zation desiring a grant under this section shall submit an application to the Corporation at such time, in such manner, and accompanied by such information as the Corporation may reasonably require. (2) Contents Each application submitted pursuant to paragraph (1) shall contain— (A)(i) 1 a description of the program that the applicant will provide; (B) an assurance that the applicant will annually collect information on— (i) the number of volunteers recruited for activities carried out under this sec- tion, using funds received under this sec- tion, and the type and amount of activities carried out by such volunteers; and (ii) the number of volunteers managed or supported using funds received under this section, and the type and amount of activi- ties carried out by such volunteers; (C) a description of the outcomes the ap- plicant will use to annually measure and track performance with regard to— (i) activities carried out by volunteers; and (ii) volunteers recruited, managed, or supported; and (D) such additional assurances as the Cor- poration determines to be essential to en- sure compliance with the requirements of this section. (c) Eligible volunteer programs A State Commission or nonprofit organization receiving a grant under this section shall use the assistance— (1) directly to carry out volunteer programs or to develop and support community-based entities that recruit, manage, or support vol- unteers, by carrying out activities consistent with the goals of the subgrants described in paragraph (2); or (2) through subgrants to community-based entities to carry out volunteer programs or develop and support such entities that recruit, manage, or support volunteers, through 1 or more of the following types of subgrants: (A) A subgrant to a community-based enti- ty for activities that are consistent with the priorities set by the State’s national service plan as described in section 12638(e) of this title, or by the Corporation. (B) A subgrant to recruit, manage, or sup- port volunteers to a community-based enti- ty such as a volunteer coordinating agency, a nonprofit resource center, a volunteer training clearinghouse, an institution of higher education, or a collaborative partner- ship of faith-based and community-based or- ganizations. (C) A subgrant to a community-based enti- ty that provides technical assistance and support to— (i) strengthen the capacity of local vol- unteer infrastructure organizations; (ii) address areas of national need (as de- fined in section 12653b(a) of this title); and (iii) expand the number of volunteers na- tionally. Page 8420 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12653s 2 So in original. Probably should be preceded by ‘‘to’’. (d) Allocation of funds (1) In general Of the funds allocated by the Corporation for provision of assistance under this section for a fiscal year— (A) the Corporation shall use 50 percent of such funds to award grants, on a competitive basis, to State Commissions and nonprofit organizations for such fiscal year; and (B) the Corporation shall use 50 percent of such funds make 2 an allotment to the State Commissions of each of the several States, the District of Columbia, and the Common- wealth of Puerto Rico based on the formula described in subsections (e) and (f) of section 12581 of this title, subject to paragraph (2). (2) Minimum grant amount In order to ensure that each State Commis- sion is able to improve efforts to recruit, man- age, or support volunteers, the Corporation may determine a minimum grant amount for allotments under paragraph (1)(B). (e) Limitation on administrative costs Not more than 5 percent of the amount of any grant provided under this section for a fiscal year may be used to pay for administrative costs incurred by either the recipient of the grant or any community-based entity receiving assistance or a subgrant under such grant. (f) Matching fund requirements The Corporation share of the cost of carrying out a program that receives assistance under this section, whether the assistance is provided directly or as a subgrant from the original re- cipient of the assistance, may not exceed— (1) 80 percent of such cost for the first year in which the recipient receives such assist- ance; (2) 70 percent of such cost for the second year in which the recipient receives such as- sistance; (3) 60 percent of such cost for the third year in which the recipient receives such assist- ance; and (4) 50 percent of such cost for the fourth year in which the recipient receives such assistance and each year thereafter. (Pub. L. 101–610, title I, § 198P, as added Pub. L. 111–13, title I, § 1808, Apr. 21, 2009, 123 Stat. 1573.) 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 V—NONPROFIT CAPACITY BUILDING PROGRAM § 12653s. Nonprofit capacity building (a) Definitions In this section: (1) Intermediary nonprofit grantee The term ‘‘intermediary nonprofit grantee’’ means an intermediary nonprofit organization that receives a grant under subsection (b). (2) Intermediary nonprofit organization The term ‘‘intermediary nonprofit organiza- tion’’ means an experienced and capable non- profit entity with meaningful prior experience in providing organizational development as- sistance, or capacity building assistance, fo- cused on small and midsize nonprofit organiza- tions. (3) Nonprofit The term ‘‘nonprofit’’, used with respect to an entity or organization, means— (A) an entity or organization described in section 501(c)(3) of title 26 and exempt from taxation under section 501(a) of such title; and (B) an entity or organization described in paragraph (1) or (2) of section 170(c) of such title. (4) State The term ‘‘State’’ means each of the several States, and the District of Columbia. (b) Grants The Corporation shall establish a Nonprofit Capacity Building Program to make grants to intermediary nonprofit organizations to serve as intermediary nonprofit grantees. The Corpora- tion shall make the grants to enable the inter- mediary nonprofit grantees to pay for the Fed- eral share of the cost of delivering organiza- tional development assistance, including train- ing on best practices, financial planning, grantwriting, and compliance with the applica- ble tax laws, for small and midsize nonprofit or- ganizations, especially those nonprofit organiza- tions facing resource hardship challenges. Each of the grantees shall match the grant funds by providing a non-Federal share as described in subsection (f). (c) Amount To the extent practicable, the Corporation shall make such a grant to an intermediary non- profit organization in each State, and shall make such grant in an amount of not less than $200,000. (d) Application To be eligible to receive a grant under this section, an intermediary nonprofit organization shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may re- quire. The intermediary nonprofit organization shall submit in the application information demonstrating that the organization has secured sufficient resources to meet the requirements of subsection (f). (e) Preference and considerations (1) Preference In making such grants, the Corporation shall give preference to intermediary non- profit organizations seeking to become inter- mediary nonprofit grantees in areas where nonprofit organizations face significant re- source hardship challenges. (2) Considerations In determining whether to make a grant the Corporation shall consider—