123STA T .796PUBLIC LA W 111 –8—M A R .11 , 2 0 09 consi s te nt w it h section 25 2 1.70 o f tit l e 4 5 ,C o d eof F ede ra l R e gu la - tions. SEC .40 8 . N otwithstanding an y other p ro v ision of law, for m ula- b ased grants to States and territories under section 12 9( a ) (1) – (2) of the National and Community Service A ct of 1990 to operate AmeriCorps programs may be made if the application describes proposed positions into which participants will be placed, the pro- posed minimum q ualifications of such participants, and includes an assurance that the State will select national service programs for subgrants on a competitive basis, and an assurance that the aforementioned information will be provided for each subgrant awarded prior to the e x ecution of such subgrants. (TRANSF ER O FF U N D S ) SEC. 409. For fiscal year 2009 and thereafter, in addition to amounts otherwise provided to the National Service T rust, at no later than the end of the fifth fiscal year after the fiscal year for which funds are appropriated or otherwise made available, unobligated balances of appropriations available for grants under the National Service Trust P rogram under subtitle C of title I of the 1990 Act during such fiscal year may be transferred to the National Service Trust after notice is transmitted to the Committees on Appropriations of the H ouse of Representatives and the Senate, if such funds are initially obligated before the expiration of their period of availability. SEC. 410. O f the amounts provided in this Act which the Cor- poration for National and Community Service ( ‘ ‘the Corporation ’ ’) allocates for the provision of assistance under subsections 129(a) and (b) of the National and Community Service Act of 1990 (‘‘1990 Act’’), the Corporation shall apply the formula in section 129(a)(1) of the 1990 Act in such a manner so as to ensure that each State shall receive a minimum of $ 500,000
- Provide
d , That, in no event shall the total amount allotted under section 129(a)(1) exceed 3 3 1⁄3 percent of the funds allocated by the Corporation for the provision of assistance under subsections 129(a) and (b) of the 1990 Act. SEC. 411. Notwithstanding section 139(b) of the National and Community Service Act of 1990 (‘‘1990 Act’’), an individual in an approved national service position performing full-time or part- time national service directly related to disaster relief efforts may continue in that term of service for a period of 6 months beyond the periods otherwise specified in sections 139(b) and 153(e) of the 1990 Act or section 104 of the D omestic V olunteer Service Act of 1973. Service in an extended term as provided under this section shall constitute a single term of service for purposes of sections 146(b) and (c) of the 1990 Act. SEC. 412. Donations made to the Corporation for National and Community Service (‘‘the Corporation’’) under section 196 of the National and Community Service Act of 1990 (‘‘1990 Act’’) for the purposes of financing programs and operations under titles I and II of the 1973 Act or subtitles B , C,D,or E of title I of the 1990 Act shall be used to supplement and not supplant current programs and operations. Deadlin e .Not i c e. 42USC1 2 60 1a.
