107 STAT. 802 PUBLIC LAW 103-82—SEPT. 21, 1993 service educational awards for individuals serving in service positions described in section 123; or "(B) the applicant requests national service educational awards for service positions described in section 123, but the positions are not positions in a national service program described in section 122(a) for which assistance may be provided under subsection (a) or (b) of section 121. \2) SPECIAL APPLICATION REQUIREMENTS. — For the applications described in paragraph (1), the Corporation shall establish special application requirements in order to determine— "(A) whether the service positions meet unmet human, educational, environmental, or public safety needs and meet the criteria for assistance under this subtitle; and "(B) whether the Corporation should approve the positions as approved national service positions. "(e) SPECIAL RULE FOR STATE APPLICANTS. — "(1) SUBMISSION BY STATE COMMISSION.— The application of a State for approved national service positions or for a grant under section 121(a) shall be submitted by the State ommission. "(2) COMPETITIVE SELECTION. —The application of a State shall contain an assurance that all assistance provided under section 121(a) to the State will be used to support national service programs that were selected by the State on a competitive basis. In making such competitive selections, the State shall seek to ensure the equitable allocation within the State of assistance and approved national service positions provided under this subtitle to the State taking into consideration such factors as the location of the programs applying to the State, population density, and economic distress. "(3) ASSISTANCE TO NONSTATE ENTITIES. —The application of a State shall also contain an assurance that not less than 60 percent of the assistance will be used to make grants in support of national service programs other than national service programs carried out by a State agency. The Corporation may permit a State to deviate from me percentage specified by this subsection if the State has not received a simicient number of acceptable applications to comply with the percentage. "(0 SPECIAL RULE FOR CERTAIN APPLICANTS. — "(1) WRITTEN CONCURRENCE.— In the case of a program applicant that proposes to also serve as the service sponsor, the application shall include the written concurrence of any local labor organization representing employees of the service sponsor who are engaged in the same or substantially similar work as that proposed to be carried out. "(2) PROGRAM APPLICANT DEFINED. — For purposes of this subsection, the term 'program applicant' means— "(A) a State, subdivision of a State, Indian tribe, public or private nonprofit organization, institution of higher education, or Federal agency submitting an application under this section; or " (B) an entity applying for assistance or approved national service positions through a grant program conducted using assistance provided to a State, subdivision of a State, Indian tribe, public or private nonprofit organization, institution of higher education, or Federal agency under section 121.
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