
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: 42USC12653c]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 129--NATIONAL AND COMMUNITY SERVICE
 
    SUBCHAPTER I--NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
 
            Division H--Investment for Quality and Innovation
 
Sec. 12653c. Military installation conversion demonstration 
        programs
        

(a) Purposes

    The purposes of this section are to--
        (1) provide meaningful service opportunities for economically 
    disadvantaged youth;
        (2) fully utilize military installations affected by closures or 
    realignments;
        (3) encourage communities affected by such closures or 
    realignments to convert the installations to community use; and
        (4) foster a sense of community pride in the youth in the 
    community.

(b) Definitions

    As used in this section:

                 (1) Affected military installation

        The term ``affected military installation'' means a military 
    installation being closed or realigned under--
            (A) the Defense Base Closure and Realignment Act of 1990 
        (part A of title XXIX of division B of Public Law 101-510; 10 
        U.S.C. 2687 note); and
            (B) title II of the Defense Authorization Amendments and 
        Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 
        2687 note).

                            (2) Community

        The term ``community'' includes a county.

                    (3) Convert to community use

        The term ``convert to community use'', used with respect to an 
    affected military installation, includes--
            (A) conversion of the installation or a part of the 
        installation to--
                (i) a park;
                (ii) a community center;
                (iii) a recreational facility; or
                (iv) a facility for a Head Start program under the Head 
            Start Act (42 U.S.C. 9831 et seq.); and

            (B) carrying out, at the installation, a construction or 
        economic development project that is of substantial benefit, as 
        determined by the Chief Executive Officer, to--
                (i) the community in which the installation is located; 
            or
                (ii) a community located within such distance of the 
            installation as the Chief Executive Officer may determine by 
            regulation to be appropriate.

                      (4) Demonstration program

        The term ``demonstration program'' means a program described in 
    subsection (c) of this section.

(c) Demonstration programs

                             (1) Grants

        The Corporation may make grants to communities and community-
    based agencies to pay for the Federal share of establishing and 
    carrying out military installation conversion demonstration 
    programs, to assist in converting to community use affected military 
    installations located--
            (A) within the community; or
            (B) within such distance from the community as the Chief 
        Executive Officer may by regulation determine to be appropriate.

                            (2) Duration

        In carrying out such a demonstration program, the community or 
    community-based agency may carry out--
            (A) a program of not less than 6 months in duration; or
            (B) a full-time summer program.

(d) Use of funds

                             (1) Stipend

        A community or community-based agency that receives a grant 
    under subsection (c) of this section to establish and carry out a 
    project through a demonstration program may use the funds made 
    available through such grant to pay for a portion of a stipend for 
    the participants in the project.

                 (2) Limitation on amount of stipend

        The amount of the stipend provided to a participant under 
    paragraph (1) that may be paid using assistance provided under this 
    section and using any other Federal funds shall not exceed the 
    lesser of--
            (A) 85 percent of the total average annual subsistence 
        allowance provided to VISTA volunteers under section 4955 of 
        this title; and
            (B) 85 percent of the stipend established by the 
        demonstration program involved.

(e) Participants

                           (1) Eligibility

        A person shall be eligible to be selected as a participant in a 
    project carried out through a demonstration program if the person 
    is--
            (A) an economically disadvantaged individual; and
            (B)(i) a person described in section 12613(b) of this title;
            (ii) a youth described in section 12614(a) of this title; or
            (iii) an eligible youth described in section 1693 of title 
        29 or an individual described in section 2884 of title 29.

                          (2) Participation

        Persons desiring to participate in such a project shall enter 
    into an agreement with the service sponsor of the project to 
    participate--
            (A) on a full-time or a part-time basis; and
            (B) for the duration referred to in subsection (f)(2)(C) of 
        this section.

(f) Application

                           (1) In general

        To be eligible to receive a grant under subsection (c) of this 
    section, a community or community-based agency 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.

                            (2) Contents

        At a minimum, such application shall contain--
            (A) a description of the demonstration program proposed to 
        be conducted by the applicant;
            (B) a proposal for carrying out the program that describes 
        the manner in which the applicant will--
                (i) provide preservice and inservice training, for 
            supervisors and participants, that will be conducted by 
            qualified individuals or qualified organizations;
                (ii) conduct an appropriate evaluation of the program; 
            and
                (iii) provide for appropriate community involvement in 
            the program;

            (C) information indicating the duration of the program; and
            (D) an assurance that the applicant will comply with the 
        nonduplication and nondisplacement provisions of section 12637 
        of this title and the grievance procedure requirements of 
        section 12636(f) of this title.

(g) Limitation on grant

    In making a grant under subsection (c) of this section with respect 
to a demonstration program to assist in converting an affected military 
installation, the Corporation shall not make a grant for more than 25 
percent of the total cost of the conversion.

(Pub. L. 101-610, title I, Sec. 198C, as added Pub. L. 103-82, title I, 
Sec. 104(c), Sept. 21, 1993, 107 Stat. 843; amended Pub. L. 105-277, 
div. A, Sec. 101(f) [title VIII, Sec. 405(d)(42)(B), (f)(33)(A)], Oct. 
21, 1998, 112 Stat. 2681-337, 2681-428, 2681-434.)

                 Amendment of Subsection (e)(1)(B)(iii)

        Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, 
    Sec. 405(f)(33)(A), (g)(2)(B)], Oct. 21, 1998, 112 Stat. 2681-337, 
    2681-434, 2681-435, provided that, effective July 1, 2000, 
    subsection (e)(1)(B) of this section is amended by striking clause 
    (iii) and inserting the following:

    (iii) an individual described in section 2884 of title 29.

                       References in Text

    The Defense Base Closure and Realignment Act of 1990, referred to in 
subsec. (b)(1)(A), is part A of title XXIX of div. B of Pub. L. 101-510, 
Nov. 5, 1990, 104 Stat. 1808, which is set out as a note under section 
2687 of Title 10, Armed Forces. For complete classification of this Act 
to the Code, see Tables.
    The Defense Authorization Amendments and Base Closure and 
Realignment Act, referred to in subsec. (b)(1)(B), is Pub. L. 100-526, 
Oct. 24, 1988, 102 Stat. 2623, as amended. Title II of the Act is set 
out as a note under section 2687 of Title 10, Armed Forces. For complete 
classification of this Act to the Code, see Short Title of 1988 
Amendment note set out under section 2687 of Title 10 and Tables.
    The Head Start Act, referred to in subsec. (b)(3)(A)(iv), is 
subchapter B (Secs. 635-657) of chapter 8 of subtitle A of title VI of 
Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 499, as amended, which is 
classified generally to subchapter II (Sec. 9831 et seq.) of chapter 105 
of this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 9801 of this title and Tables.


                            Prior Provisions

    A prior section 12653c, Pub. L. 101-610, title I, Sec. 195C, as 
added Pub. L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992, 
106 Stat. 2524, which related to summer national service program of 
Civilian Community Corps Demonstration Program, was renumbered section 
154 of Pub. L. 101-610 by Pub. L. 103-82, Sec. 104(b), and transferred 
to section 12614 of this title.


                               Amendments

    1998--Subsec. (b)(1). Pub. L. 105-277, Sec. 101(f) [title VIII, 
Sec. 405(d)(42)(B)(i)], substituted ``a military installation being 
closed or realigned under--'' and subpars. (A) and (B) for ``a military 
installation described in section 1662d(e)(1) of title 29''.
    Subsec. (e)(1)(B)(iii). Pub. L. 105-277, Sec. 101(f) [title VIII, 
Sec. 405(d)(42)(B)(ii)], added cl. (iii) and struck out former cl. (iii) 
which read as follows: ``an eligible youth described in section 1693 of 
title 29.''


                    Effective Date of 1998 Amendment

    Amendment by section 101(f) [title VIII, Sec. 405(d)(42)(B)] of Pub. 
L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f) 
[title VIII, Sec. 405(f)(33)(A)] of Pub. L. 105-277 effective July 1, 
2000, see section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of Pub. L. 
105-277, set out as a note under section 3502 of Title 5, Government 
Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in section 12511 of this title.
