§ 12681. Authorization of appropriations

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   National and Community Service Act of 1990

   Pub. L. 101–610 title V § 501 · 104 Stat. 3127

   Enacted · 42 U.S.C. § 12681

   Pub. L. 101–610, title V, § 501, Nov. 16, 1990, 104 Stat. 3185

   Source evidence

   Code source credit
   Pub. L. 101–610, title V, § 501, Nov. 16, 1990, 104 Stat. 3185

   Enacted provision · exact public law section
   SEC. 501. AUTHORIZATION OF APPROPRIATIONS. (a) Title I.— (1) In general.— There are authorized to be appropriated to carry out title I, $56,000,000 for fiscal year 1991, $95,500,000 for fiscal year 1992, and $105,000,000 for fiscal year 1993. (2) Earmarks.— Of the aggregate amount appropriated under paragraph (1) for title I for each fiscal year— (A) $2,000,000 shall be made available to carry out sub-title G of such title in each such fiscal year; (B) not less than 30 percent shall be available to carry out subtitle B of such title in each such fiscal year; (C) not less than 30 percent shall be available to carry out subtitle C of such title in each such fiscal year; and (D) not less than 30 percent shall be available to carry out subtitle D of such title in each such fiscal year. (b) Title III.— There are authorized to be appropriated to carry out title III, $5,000,000 for fiscal year 1991, $7,500,000 for fiscal year 1992, and $10,000,000 for fiscal year 1993.

2. 1992

   National and Community Service Technical Amendment Act of 1992

   Pub. L. 102–384 § 11(a) · 106 Stat. 1455

   Amended · 42 U.S.C. § 12681(a)(1)

   Pub. L. 102–384, § 11(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “There are authorized to be appropriated to carry out subchapter I of this chapter, $56,000,000 for fiscal year 1991, $95,500,000 for fiscal year 1992, and $105,000,000 for fiscal year 1993.”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 102–384, § 11(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “There are authorized to be appropriated to carry out subchapter I of this chapter, $56,000,000 for fiscal year 1991, $95,500,000 for fiscal year 1992, and $105,000,000 for fiscal year 1993.”

   Enacted provision · exact public law section
   (a) In General.— Section 501(a)(1) (42 U.S.C. 12681(a)(1) is amended to read as follows: “(1) Title i.— “(A) In general.— There are authorized to be appropriated to carry out subtitles B, C, D, E, and F of title I, $102,000,000 for fiscal year 1993. “(B) Subtitle g.— There are authorized to be appropriated to carry out subtitle G of title I, $3,000,000 for fiscal year 1993.”.

3. 1992

   National and Community Service Technical Amendment Act of 1992

   Pub. L. 102–384 § 11(b) · 106 Stat. 1455

   1. Substituted · 42 U.S.C. § 12681(a)(2)

      Pub. L. 102–384, § 11(b), substituted “paragraph (1)(A)” for “paragraph (1)” in introductory provisions

   2. Redesignated · 42 U.S.C. § 12681(a)(2)

      Pub. L. 102–384, § 11(b), redesignated subpars. (B) to (D) as (A) to (C), respectively

   3. Added · 42 U.S.C. § 12681(a)(2)

      Pub. L. 102–384, § 11(b), added subpar. (D)

   4. Struck · 42 U.S.C. § 12681(a)(2)

      Pub. L. 102–384, § 11(b), struck out former subpar. (A) which read as follows: “$2,000,000 shall be made available to carry out part G of subchapter I of this chapter in each such fiscal year;”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 102–384, § 11(b), substituted “paragraph (1)(A)” for “paragraph (1)” in introductory provisions, redesignated subpars. (B) to (D) as (A) to (C), respectively, added subpar. (D), and struck out former subpar. (A) which read as follows: “$2,000,000 shall be made available to carry out part G of subchapter I of this chapter in each such fiscal year;”.

   Enacted provision · exact public law section
   (b) Earmarks.— Section 501(a)(2) (42 U.S.C. 12681(a)(2)) is amended— (1) in the matter preceding subparagraph (A), by striking “paragraph (1)” and inserting “paragraph (1)(A)”; (2) by striking subparagraph (A); (3) by striking “and” at the end of subparagraph (C); (4) by striking the period at the end of subparagraph (D) and inserting a semicolon; (5) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively; and (6) by adding at the end the following new subparagraph: “(D) any remaining funds may be expended for any activity authorized in title I.”.

4. 1993

   National and Community Service Trust Act of 1993

   Pub. L. 103–82 title III § 301(a) · 107 Stat. 785

   1. Amended · 42 U.S.C. § 12681

      Pub. L. 103–82 amended section generally

   2. Substituted · 42 U.S.C. § 12681

      Pub. L. 103–82 substituting subsecs. (a) to (d) for former subsecs. (a) and (b) which authorized appropriations to carry out subchapter I for fiscal year 1993 and subchapter II for fiscal years 1991 to 1993

   Source evidence

   Code amendment note
   Pub. L. 103–82 amended section generally, substituting subsecs. (a) to (d) for former subsecs. (a) and (b) which authorized appropriations to carry out subchapter I for fiscal year 1993 and subchapter II for fiscal years 1991 to 1993.

   Enacted provision · exact public law section
   (a) Composition and Duties of State Commissions.— Subtitle F of title I of the National and Community Service Act of 1990 is amended by striking section 178 (42 U.S.C. 12638) and inserting the following new section: “SEC. 178. STATE COMMISSIONS ON NATIONAL AND COMMUNITY SERVICE. “(a) Existence Required.— “(1) State commission.— Except as provided in paragraph (2), to be eligible to receive a grant or allotment under subtitle B or C or to receive a distribution of approved national service positions under subtitle C, a State shall maintain a State Commission on National and Community Service that satisfies the requirements of this section. “(2) Alternative administrative entity.— The chief executive officer of a State may apply to the Corporation for approval to use an alternative administrative entity to carry out the duties otherwise entrusted to a State Commission under this Act. The chief executive officer shall ensure that any alternative administrative entity used in lieu of a State Commission provides for the individuals described in paragraph (1), and some of the individuals described in paragraph (2), of subsection (c) to play a significant policymaking role in carrying out the duties otherwise entrusted to a State Commission, including the submission of applications on behalf of the State under sections 117B and 130. “(b) Appointment and Size.— Except as provided in subsection (c)(3), the members of a State Commission for a State shall be appointed by the chief executive officer of the State. A State Commission shall consist of not fewer than 15, and not more than 25, voting members, and any ex officio nonvoting members, as described in paragraph (3) or (4) of subsection (c). “(c) Composition and Membership.— “(1) Required members.— The State Commission for a State shall include as voting members at least one of each of the following individuals: “(A) An individual with expertise in the educational, training, and development needs of youth, particularly disadvantaged youth. “(B) An individual with experience in promoting the involvement of older adults in service and voluntarism. “(C) A representative of community-based agencies or community-based organizations within the State. “(D) The head of the State educational agency. “(E) A representative of local governments in the State. “(F) A representative of local labor organizations in the State. “(G) A representative of business. “(H) An individual between the ages of 16 and 25 who is a participant or supervisor in a program. “(I) A representative of a national service program described in section 122(a), such as a youth corps program described in section 122(a)(2). “(2) Sources of other members.— The State Commission for a State may include as voting members the following individuals: “(A) Members selected from among local educators. “(B) Members selected from among experts in the delivery of human, educational, environmental, or public safety services to communities and persons. “(C) Representatives of Indian tribes. “(D) Members selected from among out-of-school youth or other at-risk youth. “(E) Representatives of entities that receive assistance under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.). “(3) Corporation representative.— The representative of the Corporation designated under section 195(c) for a State shall be an ex officio nonvoting member of the State Commission or alternative administrative entity for that State, unless the State permits the representative to serve as a voting member of the State Commission or alternative administrative entity. “(4) Ex officio state representatives.— The chief executive officer of a State may appoint, as ex officio nonvoting members of the State Commission for the State, representatives selected from among officers and employees of State agencies operating community service, youth service, education, social service, senior service, and job training programs. “(5) Limitation on number of state employees as members.— The number of voting members of a State Commission selected under paragraph (1) or (2) who are officers or employees of the State may not exceed 25 percent (reduced to the nearest whole number) of the total membership of the State Commission. “(d) Miscellaneous Matters.— “(1) Membership balance.— The chief executive officer of a State shall ensure, to the maximum extent practicable, that the membership of the State Commission for the State is diverse with respect to race, ethnicity, age, gender, and disability characteristics. Not more than 50 percent of the voting members of a State Commission, plus one additional member, may be from the same political party. “(2) Terms.— Each member of the State Commission for a State shall serve for a term of 3 years, except that the chief executive officer of a State shall initially appoint a portion of the members to terms of 1 year and 2 years. “(3) Vacancies.— If a vacancy occurs on a State Commission, a new member shall be appointed by the chief executive officer of the State and serve for the remainder of the term for which the predecessor of such member was appointed. The vacancy shall not affect the power of the remaining members to execute the duties of the State Commission. “(4) Compensation.— A member of a State Commission or alternative administrative entity shall not receive any additional compensation by reason of service on the State Commission or alternative administrative entity, except that the State may authorize the reimbursement of travel expenses, including a per diem in lieu of subsistence, in the same manner as other employees serving intermittently in the service of the State. “(5) Chairperson.— The voting members of a State Commission shall elect one of the voting members to serve as chairperson of the State Commission. “(6) Limitation on member participation.— “(A) General limitation.— Except as provided in subparagraph (B), a voting member of the State Commission (or of an alternative administrative entity) shall not participate in the administration of the grant program including any discussion or decision regarding the provision of assistance or approved national service positions, or the continuation, suspension, or termination of such assistance or such positions, to any program or entity) described in subsection (e)(9) if— “(i) a grant application relating to such program is pending before the Commission (or such entity); and “(ii) the application was submitted by a program or entity of which such member is, or in the 1-year period before the submission of such application was, an officer, director, trustee, full-time volunteer, or employee. “(B) Exception.— If, as a result of the operation of subparagraph (A), the number of voting members of the Commission (or of such entity) is insufficient to establish a quorum for the purpose of administering such program, then voting members excluded from participation by subparagraph (A) may participate in the administration of such program, notwithstanding the limitation in subparagraph (A), to the extent permitted by regulations issued under section 193A(b)(11) by the Corporation. “(C) Rule of construction.— Subparagraph (A) shall not be construed to limit the authority of any voting member of the Commission (or of such entity) to participate in— “(i) discussion of, and hearing and forums on— “(I) the general duties, policies, and operations of the Commission (or of such entity); or “(II) the general administration of such program; or “(ii) similar general matters relating to the Commission (or such entity). “(e) Duties of a State Commission.— The State Commission or alternative administrative entity for a State shall be responsible for the following duties: “(1) Preparation of a national service plan for the State that- “(A) is developed through an open and public process (such as through regional forums, hearings, and other means) that provides for maximum participation and input from national service programs within the State and other interested members of the public; “(B) covers a 3-year period; “(C) is updated annually; “(D) ensures outreach to diverse community-based agencies that serve underrepresented populations, by— “(i) using established networks, and registries, at the State level; or “(ii) establishing such networks and registries; and “(E) contains such information as the State Commission considers to be appropriate or as the Corporation may require. “(2) Preparation of the applications of the State under sections 117B and 130 for financial assistance. “(3) Assistance in the preparation of the application of the State educational agency for assistance under section 113. “(4) Preparation of the application of the State under section 130 for the approval of service positions that include the national service educational award described in subtitle D. “(5) Make recommendations to the Corporation with respect to priorities for programs receiving assistance under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.). “(6) Make technical assistance available to enable applicants for assistance under section 121— “(A) to plan and implement service programs; and “(B) to apply for assistance under the national service laws using, if appropriate, information and materials available through a clearinghouse established under section 198A “(7) Assistance in the provision of health care and child care benefits under section 140 to participants in national service programs that receive assistance under section 121. “(8) Development of a State system for the recruitment and placement of participants in programs that receive assistance under the national service laws and dissemination of information concerning national service programs that receive such assistance or approved national service positions. “(9) Administration of the grant program in support of national service programs that is conducted by the State using assistance provided to the State under section 121, including selection, oversight, and evaluation of grant recipients. “(10) Development of projects, training methods, curriculum materials, and other materials and activities related to national service programs that receive assistance directly from the Corporation (to be made available in a case in which such a program requests such a project, method, material, or activity) or from the State using assistance provided under section 121, for use by programs that request such projects, methods, materials, and activities. “(f) Activity Ineligible for Assistance.— A State Commission or alternative administrative entity may not directly carry out any national service program that receives assistance under section 121. “(g) Delegation.— Subject to such requirements as the Corporation may prescribe, a State Commission may delegate nonpolicymaking duties to a State agency or public or private nonprofit organization. “(h) Approval of State Commission or Alternative.— “(1) Submission to corporation.— The chief executive officer for a State shall notify the Corporation of the establishment or designation of the State Commission or use of an alternative administrative entity for the State. The notification shall include a description of— “(A) the composition and membership of the State Commission or alternative administrative entity; and “(B) the authority of the State Commission or alternative administrative entity regarding national service activities carried out by the State. “(2) Approval of alternative administrative entity.— Any designation of a State Commission or use of an alternative administrative entity to carry out the duties of a State Commission shall be subject to the approval of the Corporation, which shall not be unreasonably withheld. The Corporation shall approve an alternative administrative entity if such entity provides for individuals described in paragraph (1), and some of the individuals described in paragraph (2), of subsection (c) to play a significant policymaking role in carrying out the duties otherwise entrusted to a State Commission, including the duties described in paragraphs (1) through (4) of subsection (e). “(3) Rejection.— The Corporation may reject a State Commission if the Corporation determines that the composition, membership, or duties of the State Commission do not comply with the requirements of this section. The Corporation may reject a request to use an alternative administrative entity in lieu of a State Commission if the Corporation determines that the entity does not provide for the individuals described in paragraph (1), and some of the individuals described in paragraph (2), of subsection (c) to play a significant policy-making role as described in paragraph (2). If the Corporation rejects a State Commission or alternative administrative entity under this paragraph, the Corporation shall promptly notify the State of the reasons for the rejection. “(4) Resubmission and reconsideration.— The Corporation shall provide a State notified under paragraph (3) with a reasonable opportunity to revise the rejected State Commission or alternative administrative entity. At the request of the State, the Corporation shall provide technical assistance to the State as part of the revision process. The Corporation shall promptly reconsider any resubmission of a notification under paragraph (1) or application to use an alternative administrative entity under paragraph (2). “(5) Subsequent changes.— This subsection shall also apply to any change in the composition or duties of a State Commission or an alternative administrative entity made after approval of the State Commission or the alternative administrative entity. “(6) Rights.— An alternative administrative entity approved by the Corporation under this subsection shall have the same rights as a State Commission. “(i) Coordination.— “(1) Coordination with other state agencies.— The State Commission or alternative administrative entity for a State shall coordinate the activities of the Commission or entity under this Act with the activities of other State agencies that administer Federal financial assistance programs under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.) or other appropriate Federal financial assistance programs. “(2) Coordination with volunteer service programs.— “(A) In general.— The State Commission or alternative administrative entity for a State shall coordinate functions of the Commission or entity (including recruitment, public awareness, and training activities) with such functions of any division of ACTION, or of the Corporation, that carries out volunteer service programs in the State. “(B) Agreement.— In coordinating functions under this paragraph, such Commission or entity, and such division, may enter into an agreement to— “(i) carry out such a function jointly, “(ii) to assign responsibility for such a function to the Commission or entity; or “(iii) to assign responsibility for such a function to the division. “(C) Information.— The State Commission or alternative entity for a State, and the head of any such division, shall exchange information about— “(i) the programs carried out in the State by the Commission, entity, or division, as appropriate; and “(ii) opportunities to coordinate activities. “(j) Liability.— “(1) Liability of state.— Except as provided in paragraph (2)(B), a State shall agree to assume liability with respect to any claim arising out of or resulting from any act or omission by a member of the State Commission or alternative administrative entity of the State, within the scope of the service of the member on the State Commission or alternative administrative entity. “(2) Other claims.— “(A) In general.— A member of the State Commission or alternative administrative entity shall have no personal liability with respect to any claim arising out of or resulting from any act or omission by such person, within the scope of the service of the member on the State Commission or alternative administrative entity. “(B) Limitation.— This paragraph shall not be construed to limit personal liability for criminal acts or omissions, willful or malicious misconduct, acts or omissions for private gain, or any other act or omission outside the scope of the service of such member on the State Commission or alternative administrative entity. “(3) Effect on other law.— This subsection shall not be construed— “(A) to affect any other immunities and protections that may be available to such member under applicable law with respect to such service; “(B) to affect any other right or remedy against the State under applicable law, or against any person other than a member of the State Commission or alternative administrative entity; or “(C) to limit or alter in any way the immunities that are available under applicable law for State officials and employees not described in this subsection.”.

5. 2009

   Serve America Act

   Pub. L. 111–13 § 1841(1) · 123 Stat. 1460

   1. Added · 42 U.S.C. § 12681(a)

      Pub. L. 111–13, § 1841(1), added subsec. (a)

   2. Struck · 42 U.S.C. § 12681(a)

      Pub. L. 111–13, § 1841(1), struck out former subsec. (a) which authorized appropriations for subchapter I of this chapter

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–13, § 1841(1), added subsec. (a) and struck out former subsec. (a) which authorized appropriations for subchapter I of this chapter.

   Enacted provision · exact public law section
   (1) by striking subsection (a) and inserting the following: “(a) Title I.— “(1) Subtitle b.— “(A) In general.— There are authorized to be appropriated to provide financial assistance under subtitle B of title I— “(i) $97,000,000 for fiscal year 2010; and “(ii) such sums as may be necessary for each of fiscal years 2011 through 2014. “(B) Part iv reservation.— Of the amount appropriated under subparagraph (A) for a fiscal year, the Corporation may reserve such sums as may be necessary to carry out part IV of subtitle B of title I. “(C) Section 118a.— Of the amount appropriated under subparagraph (A) and not reserved under subparagraph (B) for a fiscal year, not more than $7,000,000 shall be made available for awards to Campuses of Service under section 118A. “(D) Section 119(c)(8).— Of the amount appropriated under subparagraph (A) and not reserved under subparagraph (B) for a fiscal year, not more than $10,000,000 shall be made available for summer of service program grants under section 119(c)(8), and not more than $10,000,000 shall be deposited in the National Service Trust to support summer of service educational awards, consistent with section 119(c)(8). “(E) Section 119(c)(9).— Of the amount appropriated under subparagraph (A) and not reserved under subparagraph (B) for a fiscal year, not more than $20,000,000 shall be made available for youth engagement zone programs under section 119(c)(9). “(F) General programs.— Of the amount remaining after the application of subparagraphs (A) through (E) for a fiscal year— “(i) not more than 60 percent shall be available to provide financial assistance under part I of subtitle B of title I; “(ii) not more than 25 percent shall be available to provide financial assistance under part II of such subtitle; and “(iii) not less than 15 percent shall be available to provide financial assistance under part III of such subtitle. “(2) Subtitles c and d.— There are authorized to be appropriated, for each of fiscal years 2010 through 2014, such sums as may be necessary to provide financial assistance under subtitle C of title I and to provide national service educational awards under subtitle D of title I for the number of participants described in section 121(f)(1) for each such fiscal year. “(3) Subtitle e.— “(A) In general.— There are authorized to be appropriated to operate the National Civilian Community Corps and provide financial assistance under subtitle E of title I, such sums as may be necessary for each of fiscal years 2010 through 2014. “(B) Priority.— Notwithstanding any other provision of this Act, in obligating the amounts made available pursuant to the authorization of appropriations in this paragraph, priority shall be given to programs carrying out activities in areas for which the President has declared the existence of a major disaster, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), including a major disaster as a consequence of Hurricane Katrina or Rita. “(4) Subtitle h.— “(A) Authorization.— There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2010 through 2014 to provide financial assistance under subtitle H of title I. “(B) Section 198b.— Of the amount authorized under subparagraph (A) for a fiscal year, such sums as may be necessary shall be made available to provide financial assistance under section 198B and to provide national service educational awards under subtitle D of title I to the number of participants in national service positions established or increased as provided in section 198B(b)(3) for such year. “(C) Section 198c.— Of the amount authorized under subparagraph (A) for a fiscal year, $12,000,000 shall be made available to provide financial assistance under section 198C. “(D) Section 198h.— Of the amount authorized under subparagraph (A) for a fiscal year, such sums as may be necessary shall be made available to provide financial assistance under section 198H. “(E) Section 198k.— Of the amount authorized under subparagraph (A), there shall be made available to carry out section 198K— “(i) $50,000,000 for fiscal year 2010; “(ii) $60,000,000 for fiscal year 2011; “(iii) $70,000,000 for fiscal year 2012; “(iv) $80,000,000 for fiscal year 2013; and “(v) $100,000,000 for fiscal year 2014. “(F) Section 198p.— Of the amount authorized under subparagraph (A), there shall be made available to carry out section 198P— “(i) $50,000,000 for fiscal year 2010; “(ii) $60,000,000 for fiscal year 2011; “(iii) $70,000,000 for fiscal year 2012; “(iv) $80,000,000 for fiscal year 2013; and “(v) $100,000,000 for fiscal year 2014. “(5) Administration.— “(A) In general.— There are authorized to be appropriated for the administration of this Act, including financial assistance under section 126(a), such sums as may be necessary for each of fiscal years 2010 through 2014. “(B) Corporation.— Of the amounts appropriated under subparagraph (A) for a fiscal year, a portion shall be made available to provide financial assistance under section 126(a). “(6) Evaluation, training, and technical assistance.— Notwithstanding paragraphs (1), (2), and (4) and any other provision of law, of the amounts appropriated for a fiscal year under subtitles B, C, and H of title I of this Act and under titles I and II of the Domestic Volunteer Service Act of 1973, the Corporation shall reserve not more than 2.5 percent to carry out sections 112(e) and 179A and subtitle J, of which $1,000,000 shall be used by the Corporation to carry out section 179A. Notwithstanding subsection (b), amounts so reserved shall be available only for the fiscal year for which the amounts are reserved.” ;

   Effective date note
   Amendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as a note under section 4950 of this title.

6. 2009

   Serve America Act

   Pub. L. 111–13 § 1841(2) · 123 Stat. 1460

   1. Redesignated · 42 U.S.C. § 12681(b)(d)

      Pub. L. 111–13, § 1841(2), (3), redesignated subsec. (c) as (b)

   2. Struck · 42 U.S.C. § 12681(b)(d)

      Pub. L. 111–13, § 1841(2), (3), struck out former subsec. (b), which authorized appropriations for subchapter II of this chapter, and subsec. (d), which specified the budget function for the appropriations authorized in this section

   Source evidence

   Code amendment note
   Subsecs. (b) to (d). Pub. L. 111–13, § 1841(2), (3), redesignated subsec. (c) as (b) and struck out former subsec. (b), which authorized appropriations for subchapter II of this chapter, and subsec. (d), which specified the budget function for the appropriations authorized in this section.

   Enacted provision · exact public law section
   (2) by striking subsections (b) and (d); and

   Effective date note
   Amendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as a note under section 4950 of this title.

12 of 12 references resolved to an enrolled provision