
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12571]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 129--NATIONAL AND COMMUNITY SERVICE
 
    SUBCHAPTER I--NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
 
               Division C--National Service Trust Program
 
                 Part I--Investment in National Service
 
Sec. 12571. Authority to provide assistance and approved 
        national service positions
        

(a) Provision of assistance

    Subject to the availability of appropriations for this purpose, the 
Corporation for National and Community Service may make grants to 
States, subdivisions of States, Indian tribes, public or private 
nonprofit organizations, and institutions of higher education for the 
purpose of assisting the recipients of the grants--
        (1) to carry out full- or part-time national service programs, 
    including summer programs, described in section 12572(a) of this 
    title; and
        (2) to make grants in support of other national service programs 
    described in section 12572(a) of this title that are carried out by 
    other entities.

(b) Agreements with Federal agencies

                      (1) Agreements authorized

        The Corporation may enter into a contract or cooperative 
    agreement with another Federal agency to support a national service 
    program carried out by the agency. The support provided by the 
    Corporation pursuant to the contract or cooperative agreement may 
    include the transfer to the Federal agency of funds available to the 
    Corporation under this division.

                   (2) Matching funds requirements

        A Federal agency receiving assistance under this subsection 
    shall not be required to satisfy the matching funds requirements 
    specified in subsection (e) of this section. However, the 
    supplementation requirements specified in section 12633 of this 
    title shall apply with respect to the Federal national service 
    programs supported with such assistance.

               (3) Consultation with State Commissions

        A Federal agency receiving assistance under this subsection 
    shall consult with the State Commissions for those States in which 
    projects will be conducted using such assistance in order to ensure 
    that the projects do not duplicate projects conducted by State or 
    local national service programs.

           (4) Support for other national service programs

        A Federal agency that enters into a contract or cooperative 
    agreement under paragraph (1) shall, in an appropriate case, enter 
    into a contract or cooperative agreement with an entity that is 
    carrying out a national service program in a State that is in 
    existence in the State as of the date of the contract or cooperative 
    agreement and is of high quality, in order to support the national 
    service program.

(c) Provision of approved national service positions

    As part of the provision of assistance under subsections (a) and (b) 
of this section, the Corporation shall--
        (1) approve the provision of national service educational awards 
    described in division D of this subchapter for the participants who 
    serve in national service programs carried out using such 
    assistance; and
        (2) deposit in the National Service Trust established in section 
    12601(a) of this title an amount equal to the product of--
            (A) the value of a national service educational award under 
        section 12603 of this title; and
            (B) the total number of approved national service positions 
        to be provided.

(d) Five percent limitation on administrative costs

                           (1) Limitation

        Not more than 5 percent of the amount of assistance provided to 
    the original recipient of a grant or transfer of assistance under 
    subsection (a) or (b) of this section for a fiscal year may be used 
    to pay for administrative costs incurred by--
            (A) the recipient of the assistance; and
            (B) national service programs carried out or supported with 
        the assistance.

                          (2) Rules on use

        The Corporation may by rule prescribe the manner and extent to 
    which--
            (A) assistance provided under subsection (a) or (b) of this 
        section may be used to cover administrative costs; and
            (B) that portion of the assistance available to cover 
        administrative costs should be distributed between--
                (i) the original recipient of the grant or transfer of 
            assistance under such subsection; and
                (ii) national service programs carried out or supported 
            with the assistance.

(e) Matching funds requirements

                          (1) Requirements

        Except as provided in section 12594 of this title, the Federal 
    share of the cost of carrying out a national service program that 
    receives the assistance under subsection (a) of this section, 
    whether the assistance is provided directly or as a subgrant from 
    the original recipient of the assistance, may not exceed 75 percent 
    of such cost.

                           (2) Calculation

        In providing for the remaining share of the cost of carrying out 
    a national service program, the program--
            (A) shall provide for such share through a payment in cash 
        or in kind, fairly evaluated, including facilities, equipment, 
        or services; and
            (B) may provide for such share through State sources, local 
        sources, or other Federal sources (other than the use of funds 
        made available under the national service laws).

                       (3) Cost of health care

        In providing a payment in cash under paragraph (2)(A) as part of 
    providing for the remaining share of the cost of carrying out a 
    national service program, the program may count not more than 85 
    percent of the cost of providing a health care policy described in 
    section 12594(d)(2) of this title toward such share.

                             (4) Waiver

        The Corporation may waive in whole or in part the requirements 
    of paragraph (1) with respect to a national service program in 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.

(Pub. L. 101-610, title I, Sec. 121, as added Pub. L. 103-82, title I, 
Sec. 101(b), Sept. 21, 1993, 107 Stat. 788.)


                            Prior Provisions

    A prior section 12571, Pub. L. 101-610, title I, Sec. 141, Nov. 16, 
1990, 104 Stat. 3150, related to general authority to make grants for 
national and community service programs, prior to the general amendment 
of subtitle D of title I of Pub. L. 101-610 [formerly part D of this 
subchapter] by Pub. L. 103-82, Sec. 102(a).
    A prior section 121 of Pub. L. 101-610 was renumbered section 199A, 
and is classified to section 12655 of this title.


                             Effective Date

    Division effective Oct. 1, 1993, see section 123 of Pub. L. 103-82, 
set out as an Effective Date of 1993 Amendment note under section 1701 
of Title 16, Conservation.

                  Section Referred to in Other Sections

    This section is referred to in sections 12572, 12573, 12574, 12575, 
12576, 12581, 12582, 12583, 12584, 12585, 12591, 12592, 12593, 12594, 
12595, 12604, 12638, 12639, 12651d, 12651f, 12655l, 12656 of this title; 
title 16 section 1729.
