
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12581]

 
                 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 II--Application and Approval Process
 
Sec. 12581. Provision of assistance and approved national 
        service positions by competitive and other means
        

(a) Allotments of assistance and approved positions to States and Indian 
        tribes

       (1) 33\1/3\ percent allotment of assistance to certain 
                                   States

        Of the funds allocated by the Corporation for provision of 
    assistance under subsections (a) and (b) of section 12571 of this 
    title for a fiscal year, the Corporation shall make a grant under 
    section 12571(a) of this title (and a corresponding allotment of 
    approved national service positions) to each of the several States, 
    the District of Columbia, and the Commonwealth of Puerto Rico that 
    has an application approved by the Corporation under section 12585 
    of this title. The amount allotted as a grant to each such State 
    under this paragraph for a fiscal year shall be equal to the amount 
    that bears the same ratio to 33\1/3\ 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 Commonwealth of Puerto Rico.

       (2) One percent allotment for certain territories and 
                                 possessions

        Of the funds allocated by the Corporation for provision of 
    assistance under subsections (a) and (b) of section 12571 of this 
    title for a fiscal year, the Corporation shall reserve 1 percent of 
    the allocated funds for grants under section 12571(a) of this title 
    to the United States Virgin Islands, Guam, American Samoa, and the 
    Commonwealth of the Northern Mariana Islands upon approval of an 
    application by the Corporation under section 12585 of this title. 
    Palau shall also be eligible for a grant under this paragraph from 
    the allotment until such time as the Compact of Free Association 
    with Palau is ratified. The amount allotted as a grant to each such 
    territory or possession under this paragraph for a fiscal year shall 
    be equal to the amount that bears the same ratio to 1 percent of the 
    allocated funds for that fiscal year as the population of the 
    territory or possession bears to the total population of such 
    territories and possessions.

             (3) One percent allotment for Indian tribes

        Of the funds allocated by the Corporation for provision of 
    assistance under subsections (a) and (b) of section 12571 of this 
    title for a fiscal year, the Corporation shall reserve 1 percent of 
    the allocated funds for grants under section 12571(a) of this title 
    to Indian tribes, to be allotted by the Corporation on a competitive 
    basis in accordance with their respective needs.

                   (4) Effect of failure to apply

        If a State or Indian tribe fails to apply for, or fails to give 
    notice to the Corporation of its intent to apply for, an allotment 
    under this subsection, the Corporation shall use the amount that 
    would have been allotted under this subsection to the State or 
    Indian tribe--
            (A) to make grants (and provide approved national service 
        positions in connection with such grants) to other eligible 
        entities under section 12571 of this title that propose to carry 
        out national service programs in the State or on behalf of the 
        Indian tribe; and
            (B) after making grants under subparagraph (A), to make a 
        reallotment to other States and Indian tribes with approved 
        applications under section 12582 of this title.

(b) Reservation of approved positions

    The Corporation shall ensure that each individual selected during a 
fiscal year for assignment 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 Civilian Community Corps Demonstration Program under 
division E of this subchapter shall receive the national service 
educational award described in division D of this subchapter if the 
individual satisfies the eligibility requirements for the award. Funds 
for approved national service positions required by this paragraph for a 
fiscal year shall be deducted from the total funding for approved 
national service positions to be available for distribution under 
subsections (a) and (d) of this section for that fiscal year.

(c) Reservation for special assistance

    From amounts appropriated for a fiscal year pursuant to the 
authorization of appropriation in section 12681(a)(2) of this title, and 
subject to the limitation in such section, the Corporation may reserve 
such amount as the Corporation considers to be appropriate for the 
purpose of making assistance available under sections 12575 and 12576 of 
this title. The Corporation may not reserve more than $10,000,000 for a 
fiscal year for disaster service under subsection (b) of section 12576 
of this title or challenge grants under subsection (c) of such section.

(d) Competitive distribution of remaining funds

                        (1) State competition

        Of the funds allocated by the Corporation for provision of 
    assistance under subsections (a) and (b) of section 12571 of this 
    title for a fiscal year, the Corporation shall use not less than 
    33\1/3\ percent of the allocated funds to make grants to States on a 
    competitive basis under section 12571(a) of this title.

              (2) Federal agencies and other applicants

        The Corporation shall distribute on a competitive basis to 
    subdivisions of States, Indian tribes, public or private nonprofit 
    organizations (including labor organizations), institutions of 
    higher education, and Federal agencies the remainder of the funds 
    allocated by the Corporation for provision of assistance under 
    section 12571 of this title for a fiscal year, after operation of 
    paragraph (1) and subsections (a) and (c) of this section.

         (3) Limitation on distribution to Federal agencies

        The Corporation may not provide more than \1/3\ of the funds 
    available for competitive distribution under paragraph (2) for a 
    fiscal year to Federal agencies under section 12571(b) of this 
    title.

                      (4) Priority limitations

        The Corporation may limit the categories of eligible applicants 
    for assistance under paragraph (2) consistent with the priorities 
    established by the Corporation under section 12585(d)(2) of this 
    title.

       (5) Reservation of funds for supplemental and outreach 
                                   grants

        (A) Reservation

            From amounts appropriated for a fiscal year pursuant to the 
        authorization of appropriation in section 12681(a)(2) of this 
        title, and subject to the limitation in such section, the Chief 
        Executive Officer shall reserve an amount that is not less than 
        1 percent of such amounts (except that the amount reserved may 
        not exceed $5,000,000), in order to make supplemental grants as 
        provided in subparagraph (B) and outreach grants as provided in 
        subparagraph (C). The amount reserved pursuant to this paragraph 
        shall be available until expended.

        (B) Grants to assist entities in placing applicants who are 
                individuals with a disability

            (i) In general

                The Chief Executive Officer shall make grants from a 
            portion of the funds reserved under subparagraph (A) to 
            entities that--
                    (I) receive a grant to carry out a national service 
                program under paragraph (1) or (2);
                    (II) demonstrate that the entity has received a 
                substantial number of applications for placement in the 
                national service program of persons who are individuals 
                with a disability and who require a reasonable 
                accommodation (as defined in section 12111(9) of this 
                title), or auxiliary aids and services (as defined in 
                section 12102(1) of this title), in order to perform 
                national service; and
                    (III) demonstrate that additional funding would 
                assist the national service program in placing a 
                substantial number of such individuals with a disability 
                as participants in projects carried out through the 
                program.
            (ii) Requirements

                Funds made available through such a supplemental grant 
            under clause (i) shall be made available for the same 
            purposes, and subject to the same requirements, as funds 
            made available through a grant made under paragraph (1) or 
            (2).

        (C) Grants for outreach to individuals with a disability

            (i) In general

                From the portion of the funds reserved under 
            subparagraph (A) that is not used to make grants under 
            subparagraph (B), the Chief Executive Officer shall make 
            grants to public or private nonprofit organizations to pay 
            for the Federal share described in section 12571(e) of this 
            title of--
                    (I) providing information about the programs 
                specified in section 12651d(d)(10) \1\ of this title to 
                such individuals with a disability who desire to perform 
                national service; and
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    \1\ So in original. Section 12651d(d) of this title does not contain 
a par. (10).
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                    (II) enabling the individuals to participate in 
                activities carried out through such programs, which may 
                include assisting the placement of the individuals in 
                approved national service positions.
            (ii) Application

                To be eligible to receive a grant under this 
            subparagraph, an organization described in clause (i) shall 
            submit an application to the Chief Executive Officer at such 
            time, in such manner, and containing such information as the 
            Chief Executive Officer may require.

(e) Application required

    The allotment of assistance and approved national service positions 
to a State or Indian tribe under subsection (a) of this section, and the 
competitive distribution of assistance under subsection (d) of this 
section, shall be made by the Corporation only pursuant to an 
application submitted by a State or other applicant under section 12582 
of this title and approved by the Corporation under section 12585 of 
this title.

(f) 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 Service Trust for that fiscal year, 
taking into consideration funding needs for national service educational 
awards under division D of this subchapter based on completed service. 
If appropriations are insufficient to provide the maximum allowable 
national service educational awards under division D of this subchapter 
for all eligible participants, the Corporation is authorized to make 
necessary and reasonable adjustments to program rules.

(g) Sponsorship of approved national service positions

                     (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 these approved national service positions shall be 
    made pursuant to the agreement, and the creation of these 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) and 
    any other funds contributed to the Corporation to support the 
    activities of the Corporation under the national service laws shall 
    be deposited in the National Service Trust established in section 
    12601 of this title until such time as the funds are needed.

(Pub. L. 101-610, title I, Sec. 129, as added Pub. L. 103-82, title I, 
Sec. 101(b), Sept. 21, 1993, 107 Stat. 796.)

                       References in Text

    For ratification of Compact of Free Association with Palau, referred 
to in subsec. (a)(2), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, 
set out as a note under section 1931 of Title 48, Territories and 
Insular Possessions.
    The Domestic Volunteer Service Act of 1973, referred to in subsec. 
(b), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394, as amended. Title I 
of the Act is classified generally to subchapter I (Sec. 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.


                            Prior Provisions

    A prior section 129 of Pub. L. 101-610 was renumbered section 199H 
and is classified to section 12655h of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 12572, 12585 of this title.
