# Edward M. Kennedy Serve America Act/Title II/Subtitle B
## Subtitle B—National Senior Service Corps

    Sec. 2141. Title.
    Sec. 2142. Statement of purpose.
    Sec. 2143. Retired and Senior Volunteer Program.
    Sec. 2144. Foster grandparent program.
    Sec. 2145. Senior companion program.
    Sec. 2146. General provisions.

### SEC. 2141. Title.

    Title II (42 U.S.C. 5000 et seq.) is amended by striking the title heading and inserting the following:
       ``TITLE II—National Senior Service Corps´´.´´.

### SEC. 2142. Statement of purpose.

    Section 200 (42 U.S.C. 5000) is amended to read as follows:
       ``SEC. 200. Statement of purpose.
          ``It is the purpose of this title to provide—
             ``(1) opportunities for senior service to meet unmet local, State, and national needs in the areas of education, public safety, emergency and disaster preparedness, relief, and recovery, health and human needs, and the environment;
             ``(2) for the National Senior Service Corps, comprised of the Retired and Senior Volunteer Program, the Foster Grandparent Program, and the Senior Companion Program, and demonstration and other programs, to empower people 55 years of age or older to contribute to their communities through service, enhance the lives of those who serve and those whom they serve, and provide communities with valuable services;
             ``(3) opportunities for people 55 years of age or older, through the Retired and Senior Volunteer Program, to share their knowledge, experiences, abilities, and skills for the betterment of their communities and themselves;
             ``(4) opportunities for low-income people 55 years of age or older, through the Foster Grandparents Program, to have a positive impact on the lives of children in need; and
             ``(5) opportunities for low-income people 55 years of age or older, through the Senior Companion Program, to provide support services and companionship to other older individuals through volunteer service.´´.

### SEC. 2143. Retired and Senior Volunteer Program.

    Section 201 (42 U.S.C. 5001(a)) is amended—
       (1) in subsection (a)—
          (A) in the matter preceding paragraph (1), by striking ``avail´´ and all that follows through ``community,´´ and inserting ``share their experiences, abilities, and skills to improve their communities and themselves through service in their communities,´´;
          (B) in paragraph (2), by striking ``, and individuals 60 years of age or older will be given priority for enrollment,´´; and
          (C) in paragraph (4)—
             (i) by striking ``established and will be carried out´´ and inserting ``designed and implemented´´; and
             (ii) by striking ``field of service´´ and all that follows through the period at the end and inserting ``field of service to be provided, as well as persons who have expertise in the management of volunteers and the needs of older individuals.´´; and
       (2) by adding at the end the following:
          ``(e)—
             ``(1) Beginning with fiscal year 2013 and for each fiscal year thereafter, each grant or contract awarded under this section, for such a year, shall be—
                ``(A) awarded for a period of 3 years, with an option for a grant renewal of 3 years if the grantee meets the performances measures established under subsection (g); and
                ``(B) awarded through a competitive process described in paragraph (2).
             ``(2)—
                ``(A) The Corporation shall promulgate regulations establishing the competitive process required under paragraph (1)(B), and make such regulations available to the public, not later than 18 months after the date of the enactment of the Serve America Act. The Corporation shall consult with the directors of programs receiving grants under this section during the development and implementation of the competitive process.
                ``(B) The competitive process required by subparagraph (A) shall—
                   ``(i) include the use of a peer review panel, including members with expertise in senior service and aging, to review applications;
                   ``(ii) include site inspections of programs assisted under this section, as appropriate;
                   ``(iii) in the case of an applicant who has previously received a grant or contract for a program under this section, include an evaluation of the program conducted by a review team, as described in subsection (f);
                   ``(iv) ensure that—
                      ``(I) the grants or contracts awarded under this section through the competitive process for a grant or contract cycle support an aggregate number of volunteer service years for a given geographic service area that is not less than the aggregate number of volunteer service years supported under this section for such service area for the previous grant or contract cycle;
                      ``(II) the grants or contracts awarded under this section through the competitive process for a grant or contract cycle maintain a similar program distribution, as compared to the program distribution for the previous grant or contract cycle; and
                      ``(III) every effort is made to minimize the disruption to volunteers; and
                ``(v) include the use of performance measures, outcomes, and other criteria established under subsection (g).
          ``(f)—
             ``(1) Notwithstanding section 412, and effective beginning 180 days after the date of enactment of the Serve America Act, each grant or contract under this section that expires in fiscal year 2011, 2012, or 2013 shall be subject to an evaluation process conducted by a review team described in paragraph (4). The evaluation process shall be carried out, to the maximum extent practicable, in fiscal year 2010, 2011, and 2012, respectively.
             ``(2) The Corporation shall promulgate regulations establishing the evaluation process required under paragraph (1), and make such regulations available to the public, not later than 18 months after the date of enactment of the Serve America Act. The Corporation shall consult with the directors of programs receiving grants under this section during the development and implementation of the evaluation process.
             ``(3) The evaluation process required under paragraph (1) shall—
                ``(A) include performance measures, outcomes, and other criteria established under subsection (g); and
                ``(B) evaluate the extent to which the recipient of the grant or contract meets or exceeds such performance measures, outcomes, and other criteria through a review of the recipient.
             ``(4) To the maximum extent practicable, the Corporation shall provide that each evaluation required by this subsection is conducted by a review team that—
                ``(A) includes individuals who are knowledgeable about programs assisted under this section;
                ``(B) includes current or former employees of the Corporation who are knowledgeable about programs assisted under this section;
                ``(C) includes representatives of communities served by volunteers of programs assisted under this section; and
                ``(D) shall receive periodic training to ensure quality and consistency across evaluations.
             ``(5) The findings of an evaluation described in this subsection of a program described in paragraph (1) shall—
                ``(A) be presented to the recipient of the grant or contract for such program in a timely, transparent, and uniform manner that conveys information of program strengths and weaknesses and assists with program improvement; and
                ``(B) be used as the basis for program improvement, and for the provision of training and technical assistance.
          ``(g)—
             ``(1) The Corporation shall, with particular attention to the different needs of rural and urban programs assisted under this section, develop performance measures, outcomes, and other criteria for programs assisted under this section that—
                ``(A) include an assessment of the strengths and areas in need of improvement of a program assisted under this section;
                ``(B) include an assessment of whether such program has adequately addressed population and community-wide needs;
                ``(C) include an assessment of the efforts of such program to collaborate with other community-based organizations, units of government, and entities providing services to seniors, taking into account barriers to such collaboration that such program may encounter;
                ``(D) include a protocol for fiscal management that shall be used to assess such program's compliance with the program requirements for the appropriate use of Federal funds;
                ``(E) include an assessment of whether the program is in conformity with the eligibility, outreach, enrollment, and other requirements for programs assisted under this section; and
                ``(F) contain other measures of performance developed by the Corporation, in consultation with the review teams described in subsection (f)(4).
             ``(2)—
                ``(A) The performance measures, outcomes, and other criteria established under this subsection may be updated or modified as necessary, in consultation with directors of programs under this section, but not earlier than fiscal year 2014.
                ``(B) For each fiscal year preceding fiscal year 2014, the Corporation may, after consulting with directors of the programs under this section, determine that a performance measure, outcome, or criterion established under this subsection is operationally problematic, and may, in consultation with such directors and after notifying the authorizing committees—
                   ``(i) eliminate the use of that performance measure, outcome or criterion; or
                   ``(ii) modify that performance measure, outcome, or criterion as necessary to render it no longer operationally problematic.
             ``(3) In the event that a program does not meet one or more of the performance measures, outcome, or criteria established under this subsection, the Corporation shall initiate procedures to terminate the program in accordance with section 412.
          ``(h) The Chief Executive Officer shall develop procedures by which programs assisted under this section may receive training and technical assistance, which may include regular monitoring visits to assist programs in meeting the performance measures, outcomes, and criteria.
          ``(i)—
             ``(1) Notwithstanding subsection (g)(3) or section 412, the Corporation shall continue to fund a program assisted under this section that has failed to meet or exceed the performance measures, outcomes, and other criteria established under this subsection for not more than 12 months if the competitive process established under subsection (e) does not result in a successor grant or contract for such program, in order to minimize the disruption to volunteers and the disruption of services.
             ``(2) In the case where a program is continued under paragraph (1), the Corporation shall conduct outreach regarding the availability of a grant under this section for the area served by such program and establish a new competition for awarding the successor program to the continued program. The recipient operating the continued program shall remain eligible for the new competition.
             ``(3) The Corporation may monitor the recipient of a grant or contract supporting a program continued under paragraph (1) during this period and may provide training and technical assistance to assist such recipient in meeting the performance measures for such program.
          ``(j) The Corporation shall develop and disseminate an online resource guide for programs under this section not later than 180 days after the date of enactment of the Serve America Act, which shall include—
             ``(1) examples of high-performing programs assisted under this section;
             ``(2) corrective actions for underperforming programs; and
             ``(3) examples of meaningful outcome-based performance measures, outcomes, and criteria that capture a program’s mission and priorities.´´.

### SEC. 2144. Foster grandparent program.

    Section 211 (42 U.S.C. 5011) is amended—
       (1) in subsection (a)—
          (A) in the first sentence—
             (i) by striking ``aged sixty´´ and inserting ``age 55´´; and
             (ii) by striking ``children having exceptional needs´´ and inserting ``children having special or exceptional needs or circumstances identified as limiting their academic, social, or emotional development´´; and
          (B) in the second sentence—
             (i) by striking ``any of a variety of´´; and
             (ii) by striking ``children with special or exceptional needs´´ and inserting ``children having special or exceptional needs or circumstances identified as limiting their academic, social, or emotional development´´;
       (2) in subsection (b)—
          (A) in paragraph (1)—
             (i) in the matter preceding subparagraph (A), by striking ``shall have´´ and all that follows through ``(2) of the subsection´´ and inserting ``may determine´´;
             (ii) in subparagraph (A), by striking ``and´´ after the semicolon at the end;
             (iii) in subparagraph (B), by striking the period at the end and inserting ``; and´´; and
             (iv) by adding at the end the following:
                ``(C) whether it is in the best interest of the child receiving, and the particular foster grandparent providing, services in such a project, to continue the relationship between the child and the grandparent under this part after the child reaches the age of 21, if such child is an individual with a disability who was receiving such services prior to attaining the age of 21.´´; and
          (B) by striking paragraph (2) and inserting the following:
                ``(2) If an assignment of a foster grandparent under this part is suspended or discontinued, the replacement of that foster grandparent shall be determined in a manner consistent with paragraph (3).´´;
       (3) in subsection (d), by striking ``$2.45 per hour´´ and all that follows through ``five cents, except´´ and inserting ``$3.00 per hour, except´´;
       (4) in subsection (e)—
          (A) in paragraph (1), by striking ``125 per centum´´ and inserting ``200 percent´´; and
          (B) in paragraph (2), by striking ``per centum´´ and inserting ``percent´´; and
       (5) in subsection (f)(1)—
          (A) in subparagraph (A), by striking ``subparagraphs (B) and (C)´´ and inserting ``subparagraph (B)´´; and
          (B) by striking subparagraph (C).

### SEC. 2145. Senior companion program.

    Section 213(a) (42 U.S.C. 5013(a)) is amended by striking ``aged 60 or over´´ and inserting ``age 55 or older´´.

### SEC. 2146. General provisions.

    (a) Promotion of national senior service corps.—
       Section 221 (42 U.S.C. 5021) is amended—
          (1) in the section heading, by striking ``VOLUNTEER´´ and inserting ``SERVICE´´; and
          (2) in subsection (b)(2), by striking ``participation of volunteers´´ and inserting ``participation of volunteers of all ages and backgrounds, living in urban or rural communities´´.
    (b) Minority population participation.—
       Section 223 (42 U.S.C. 5023) is amended—
          (1) in the section heading, by striking ``GROUP´´ and inserting ``POPULATION´´; and
          (2) by striking ``sixty years and older from minority groups´´ and inserting ``age 55 years or older from minority populations´´.
    (c) Use of locally generated contributions in national senior service corps.—
       Section 224 (42 U.S.C. 5024) is amended—
          (1) in the section heading, by striking ``VOLUNTEER´´ and inserting ``SERVICE´´; and
          (2) by striking ``Volunteer Corps´´ and inserting ``Service Corps´´.
    (d) National problems of local concern.—
       Section 225 (42 U.S.C. 5025) is amended—
          (1) in subsection (a)—
             (A) in paragraph (1)—
                (i) in subparagraph (B), by striking ``(10), (12), (15), and (16)´´ and inserting ``(9), (11), and (14)´´; and
                (ii) in subparagraph (C), by striking ``(10)´´ and inserting ``(9)´´;
             (B) by amending paragraph (2) to read as follows:
                ``(2) An applicant for a grant under paragraph (1) shall determine whether the program to be supported by the grant is a program under part A, B, or C, and shall submit an application as required for such program.´´; and
             (C) by adding at the end the following:
                ``(4) To the maximum extent practicable, the Director shall ensure that not less than 25 percent of the funds appropriated under this section are used to award grants—
                   ``(A) to applicants for grants under this section that are not receiving assistance from the Corporation at the time of such grant award; or
                   ``(B) to applicants from locations where no programs supported under part A, B, or C are in effect at the time of such grant award.
                ``(5) Notwithstanding paragraph (4), if, for a fiscal year, less than 25 percent of the applicants for grants under this section are applicants described in paragraph (4), the Director may use an amount that is greater than 75 percent of the funds appropriated under this subsection to award grants to applicants that are already receiving assistance from the Corporation at the time of such grant award.´´;
          (2) in subsection (b)—
             (A) in paragraph (2), by inserting ``through education, prevention, treatment, and rehabilitation´´ before the period at the end;
             (B) by striking paragraph (4) and inserting the following:
                ``(4) Programs that establish and support mentoring programs for low-income youth, including mentoring programs that match such youth with mentors and match such youth with employment and training programs, including apprenticeship programs.´´;
             (C) in paragraph (5), by inserting ``, including literacy programs that serve youth, and adults, with limited English proficiency´´ before the period at the end;
             (D) by striking paragraphs (6) and (7) and inserting the following:
                ``(6) Programs that provide respite care, including care for elderly individuals and for children and individuals with disabilities or chronic illnesses who are living at home.
                ``(7) Programs that provide before-school and after-school activities, serving children in low-income communities, that may engage participants in mentoring relationships, tutoring, life skills, and study skills programs, service-learning, physical, nutrition, and health education programs, and other activities addressing the needs of the children in the communities, including children of working parents.´´;
             (E) by striking paragraph (8);
             (F) by redesignating paragraphs (9) through (15) as paragraphs (8) through (14), respectively;
             (G) in paragraph (10) (as redesignated by subparagraph (F))—
                (i) by striking ``educationally disadvantaged children´´ and inserting ``students´´; and
                (ii) by striking ``the basic skills of such children´´ and inserting ``the academic achievement of such students´´;
             (H) by striking paragraph (11) (as redesignated by subparagraph (F)) and inserting the following:
                ``(11) Programs that engage older individuals with children and youth to complete service in energy conservation, environmental stewardship, or other environmental needs of a community, including service relating to conducting energy audits, insulating homes, or conducting other activities to promote energy efficiency.´´;
             (I) by striking paragraph (14) (as redesignated by subparagraph (F)) and inserting the following:
                ``(14) Programs in which the grant recipients involved collaborate with criminal justice professionals and organizations in order to provide prevention programs that serve low-income youth or youth reentering society after incarceration and their families, which prevention programs may include mentoring, counseling, or employment counseling.´´;
             (J) by striking paragraph (16); and
             (K) by redesignating paragraphs (17) and (18) as paragraphs (15) and (16), respectively;
          (3) in subsection (c)(1), by inserting ``and that such applicant has expertise applicable to implementing the proposed program for which the applicant is requesting the grant´´ before the period at the end; and
          (4) in subsection (e), by inserting ``widely´´ after ``shall´´.
    (e) Acceptance of donations.—
       Part D of title II (42 U.S.C. 5021 et seq.) is amended by adding at the end the following:
          ``SEC. 228. Acceptance of donations.
             ``(a) In General.—
                ``Except as provided in subsection (b), an entity receiving assistance under this title may accept donations, including donations in cash or in kind fairly evaluated, including plant, equipment, or services.
             ``(b) Exception.—
                ``An entity receiving assistance under this title to carry out an activity shall not accept donations from the beneficiaries of the activity.´´.