Authorizing Citation

42 U.S. Code § 12581. Provision of assistance and
approved national service positions
U.S. Code

Notes

Authorities (CFR)

(a) ONE PERCENT ALLOTMENT FOR CERTAIN TERRITORIES
Of the funds allocated by the Corporation for provision of assistance under
section 12571(a) of this title for a fiscal year, the Corporation shall reserve
1 percent for grants to the United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands upon
approval by the Corporation of an application submitted under section
12582 of this title. The Corporation shall allot for a grant to each such
territory under this subsection for a fiscal year an amount that bears the
same ratio to 1 percent of the allocated funds for that fiscal year as the
population of the territory bears to the total population of all such
territories.
(b) ALLOTMENT FOR INDIAN TRIBES
Of the funds allocated by the Corporation for provision of assistance under
section 12571(a) of this title for a fiscal year, the Corporation shall reserve
at least 1 percent for grants to Indian tribes to be allotted by the
Corporation on a competitive basis.
(c) 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 National Civilian Community Corps Program under division E shall
receive the national service educational award described in division D if the

year shall be deducted from the total funding for approved national service
positions to be available for distribution under subsections (d) and (e) for
that fiscal year.
(d) ALLOTMENT FOR COMPETITIVE GRANTS
(1) IN GENERAL
Of the funds allocated by the Corporation for provision of assistance
under section 12571(a) of this title for a fiscal year and subject to
section 12585(d)(3) of this title, the Corporation shall reserve not more
than 62.7 percent for grants awarded on a competitive basis to States
specified in subsection (e)(1) for national service programs, to nonprofit
organizations seeking to operate a national service program in 2 or
more of those States, and to Indian tribes.
(2) EQUITABLE TREATMENT
In the consideration of applications for such grants, the Corporation
shall ensure the equitable treatment of applicants from urban areas,
applicants from rural areas, applicants of diverse sizes (as measured by
the number of participants served), applicants from States, and
applicants from national nonprofit organizations.
(3) ENCORE SERVICE PROGRAMS
In making grants under this subsection for a fiscal year, the Corporation
shall make an effort to allocate not less than 10 percent of the financial
assistance and approved national service positions provided through the
grants for that fiscal year to eligible entities proposing to carry out
encore service programs, unless the Corporation does not receive a
sufficient number of applications of adequate quality to justify making
that percentage available to those eligible entities.
(4) CORPS PROGRAMS In making grants under this subsection for a
fiscal year, the Corporation—
(A) shall select 2 or more of the national service corps described in
section 12572(a) of this title to receive grants under this subsection;
and
(B) may select national serviceprograms described in section 12572
(b) of this title to receive such grants.

Of the funds allocated by the Corporation for provision of assistance
under section 12571(a) of this title for a fiscal year, the Corporation
shall make a grant to each of the several States, the District of
Columbia, and the Commonwealth of Puerto Rico that submits an
application under section 12582 of this title that is approved by the
Corporation.
(2) ALLOTMENTS
The Corporation shall allot for a grant to each such State under this
subsection for a fiscal year an amount that bears the same ratio to 35.3
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, in compliance with
paragraph (3).
(3) MINIMUM AMOUNT
Notwithstanding paragraph (2), the minimum grant made available to
each State approved by the Corporation under paragraph (1) for each
fiscal year shall be at least $600,000, or 0.5 percent of the amount
allocated for the State formula under this subsection for the fiscal year,
whichever is greater.
(f) EFFECT OF FAILURE TO APPLY If a State or territory fails to apply for, or
fails to give notice to the Corporation of its intent to apply for, an allotment
under this section, or the Corporation does not approve the application
consistent with section 12585 of this title, the Corporation may use the
amount that would have been allotted under this section to the State or
territory to—
(1) make grants (and provide approved national service positions in
connection with such grants) to other community-based entities under
section 12571 of this title that propose to carry out national service
programs in such State or territory; and
(2) make reallotments to other States or territories with approved
applications submitted under section 12582 of this title, from the
allotment funds not used to make grants as described in paragraph (1).
(g) APPLICATION REQUIRED

(h) 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
based on completed service. If appropriations are insufficient to provide the
maximum allowable national service educational awards under division D
for all eligible participants, the Corporation is authorized to make necessary
and reasonable adjustments to program rules.
(i) 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 those approved
national service positions shall be made pursuant to the agreement, and
the creation of those 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) shall be
deposited in the National Service Trust established in section 12601 of
this title until such time as the funds are needed.
(j) RESERVATION OF FUNDS FOR SPECIAL ASSISTANCE
(1) RESERVATION
From amounts appropriated for a fiscal year pursuant to the
authorization of appropriations in section 12681(a)(2) of this title and
allocated to carry out this division 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 subsections (b) and (c) of section 12576 of this title.
(2) LIMITATION

The Corporation shall reserve such amount, and any amount reserved
under subsection (k) from funds appropriated and allocated to carry out
this division, before allocating funds for the provision of assistance
under any other provision of this division.
(k) RESERVATION OF FUNDS TO INCREASE THE PARTICIPATION OF
INDIVIDUALS WITH DISABILITIES

(1) RESERVATION
To make grants to public or private nonprofit organizations to increase
the participation of individuals with disabilities in national service and for
demonstration activities in furtherance of this purpose, and subject to
the limitation in paragraph (2), the Chief Executive Officer shall reserve
not less than 2 percent from the amounts, appropriated to carry out this
division and divisions D, E, and H for each fiscal year.
(2) LIMITATION
The amount reserved under paragraph (1) for a fiscal year may not
exceed $20,000,000.
(3) REMAINDER
The Chief Executive Officer may use the funds reserved under
paragraph (1), and not distributed to make grants under this subsection
for other activities described in section 12681(a)(2) of this title.
(l) AUTHORITY FOR FIXED-AMOUNT GRANTS
(1) IN GENERAL
(A) Authority
From amounts appropriated for a fiscal year to provide financial
assistance under the national service laws, the Corporation may
provide assistance in the form of fixed-amount grants in an amount
determined by the Corporation under paragraph (2) rather than on
the basis of actual costs incurred by a program.
(B) Limitation
Other than fixed-amount grants to support programs described in
section 12581a of this title, for the 1-year period beginning on the
effective date of the Serve America Act, the Corporation may provide

(2) DETERMINATION OF AMOUNT OF FIXED-AMOUNT GRANTS A fixedamount grant authorized by this subsection shall be in an amount
determined by the Corporation that is—
(A) significantly less than the reasonable and necessary costs of
administering the program supported by the grant; and
(B) based on an amount per individual enrolled in the program
receiving the grant, taking into account—
(i) the capacity of the entity carrying out the program to manage
funds and achieve programmatic results;
(ii) the number of approved national service positions, approved
silver scholar positions, or approved summer of service positions
for the program, if applicable;
(iii) the proposed design of the program;
(iv) whether the program provides service to, or involves the
participation of, disadvantaged youth or otherwise would
reasonably incur a relatively higher level of costs; and
(v) such other factors as the Corporation may consider under
section 12585 of this title in considering applications for
assistance.
(3) REQUIREMENTS FOR GRANT RECIPIENTS In awarding a fixed-amount
grant under this subsection, the Corporation—
(A) shall require the grantrecipient—
(i) to return a pro rata amount of the grant funds based upon the
difference between the number of hours served by a participant
and the minimum number of hours for completion of a term of
service (as established by the Corporation);
(ii) to report on the program’s performance on standardized
measures and performance levels established by the Corporation;
(iii) to cooperate with any evaluation activities undertaken by the
Corporation; and
(iv) to provide assurances that additional funds will be raised in

(B) may adopt other terms and conditions that the Corporation
considers necessary or appropriate based on the relative risks (as
determined by the Corporation) associated with any application for a
fixed-amount grant.
(4) OTHER REQUIREMENTS NOT APPLICABLE
Limitations on administrative costs and matching fund documentation
requirements shall not apply to fixed-amount grants provided in
accordance with this subsection.
(5) RULE OF CONSTRUCTION
Nothing in this subsection shall relieve a grantrecipient of the
responsibility to comply with the requirements of chapter 75 of title 31
or other requirements of Office of Management and Budget Circular A
–133.
(Pub. L. 101–610, title I, § 129, as added Pub. L. 103–82, title I, § 101(b),
Sept. 21, 1993, 107 Stat. 796; amended Pub. L. 111–13, title I, § 1306, Apr.
21, 2009, 123 Stat. 1501.)

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