Title 42, The Public Health and WelfareRelease 119-110

§12653s Nonprofit Capacity Building

Title 42 › CHAPTER 129 — NATIONAL AND COMMUNITY SERVICE › SUBCHAPTER I — NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM › Part V — Nonprofit Capacity Building Program › § 12653s

Last updated Sep 22, 2026|Official source

Summary

Creates a program that gives grants to experienced nonprofit groups to help small and midsize nonprofits get better at running their work. The grants cover 50% of the cost of training and support like best practices, budgeting, grant writing, and tax compliance; the grantee must pay the other 50% in cash. The agency will try to fund one grantee in each State with grants of at least $200,000 when possible. Applicants must apply and show they have the money for the required match. Grants are given first to places where nonprofits face big resource problems and the agency will weigh how many nonprofits will be helped, how far the grant will reach, and the quality of the help offered. Most matching funds must come from third parties (foundations, corporations, donors, or local governments), except certain private foundations or donor-advised funds must use their own money. Any third-party match cannot be less than what those donors gave the year before. The law made $5,000,000 available each year for fiscal years 2010 through 2014 to run this program. Defined terms: "intermediary nonprofit grantee" = a grantee that gets a grant; "intermediary nonprofit organization" = an experienced group that helps small and midsize nonprofits build capacity; "nonprofit" = entities that meet the tax rules in sections 501(c)(3) or 170(c)(1)–(2); "State" = each State and the District of Columbia.

Full Legal Text

Title 42, §12653s

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Definitions
In this section: (1) Intermediary nonprofit grantee
(2)Intermediary nonprofit organization
The term “intermediary nonprofit organization” means an experienced and capable nonprofit entity with meaningful prior experience in providing organizational development assistance, or capacity building assistance, focused on small and midsize nonprofit organizations.
(3)Nonprofit
The term “nonprofit”, used with respect to an entity or organization, means—
(A)an entity or organization described in section 501(c)(3) of title 26 and exempt from taxation under section 501(a) of such title; and
(B)an entity or organization described in paragraph (1) or (2) of section 170(c) of such title.
(4)State
The term “State” means each of the several States, and the District of Columbia.
(b)Grants
The Corporation shall establish a Nonprofit Capacity Building Program to make grants to intermediary nonprofit organizations to serve as intermediary nonprofit grantees. The Corporation shall make the grants to enable the intermediary nonprofit grantees to pay for the Federal share of the cost of delivering organizational development assistance, including training on best practices, financial planning, grantwriting, and compliance with the applicable tax laws, for small and midsize nonprofit organizations, especially those nonprofit organizations facing resource hardship challenges. Each of the grantees shall match the grant funds by providing a non-Federal share as described in subsection (f).
(c)Amount
To the extent practicable, the Corporation shall make such a grant to an intermediary nonprofit organization in each State, and shall make such grant in an amount of not less than $200,000.
(d)Application
To be eligible to receive a grant under this section, an intermediary nonprofit organization shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may require. The intermediary nonprofit organization shall submit in the application information demonstrating that the organization has secured sufficient resources to meet the requirements of subsection (f).
(e)Preference and considerations
(1)Preference
In making such grants, the Corporation shall give preference to intermediary nonprofit organizations seeking to become intermediary nonprofit grantees in areas where nonprofit organizations face significant resource hardship challenges.
(2)Considerations
In determining whether to make a grant the Corporation shall consider—
(A)the number of small and midsize nonprofit organizations that will be served by the grant;
(B)the degree to which the activities proposed to be provided through the grant will assist a wide number of nonprofit organizations within a State, relative to the proposed amount of the grant; and
(C)the quality of the organizational development assistance to be delivered by the intermediary nonprofit grantee, including the qualifications of its administrators and representatives, and its record in providing services to small and midsize nonprofit organizations.
(f)Federal share
(1)In general
The Federal share of the cost as referenced in subsection (b) shall be 50 percent.
(2)Non-Federal share
(A)In general
The non-Federal share of the cost as referenced in subsection (b) shall be 50 percent and shall be provided in cash.
(B)Third party contributions
(i)In general
Except as provided in clause (ii), an intermediary nonprofit grantee shall provide the non-Federal share of the cost through contributions from third parties. The third parties may include charitable grantmaking entities and grantmaking vehicles within existing organizations, entities of corporate philanthropy, corporations, individual donors, and regional, State, or local government agencies, or other non-Federal sources.
(ii)Exception
If the intermediary nonprofit grantee is a private foundation (as defined in section 509(a) of title 26), a donor advised fund (as defined in section 4966(d)(2) of such title), an organization which is described in section 4966(d)(4)(A)(i) of such title, or an organization which is described in section 4966(d)(4)(B) of such title, the grantee shall provide the non-Federal share from within that grantee’s own funds.
(iii)Maintenance of effort, prior year third-party funding levels
For purposes of maintaining private sector support levels for the activities specified by this program, a non-Federal share that includes donations by third parties shall be composed in a way that does not decrease prior levels of funding from the same third parties granted to the nonprofit intermediary grantee in the preceding year.
(g)Reservation
Of the amount authorized to provide financial assistance under this division, there shall be made available to carry out this section $5,000,000 for each of fiscal years 2010 through 2014.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an

Effective Date

of 2009 Amendment note under section 4950 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 12653s

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110