42 U.S.C. § 12571 : US Code - Section 12571: Authority to provide assistance and approved national service positions

Search 42 U.S.C. § 12571 : US Code - Section 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.