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TITLE 42 > CHAPTER 129 > SUBCHAPTER I > Division C > Part I > § 12571
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§ 12571. Authority to provide assistance and approved national service positions

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(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.
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Notes
2 Pending Update(s)
Parallel authorities (CFR)

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