79–010

Calendar No. 742

106TH CONGRESS REPORT

2d Session " ! SENATE 106–365

NATIONAL AND COMMUNITY SERVICE AMENDMENTS ACT

OF 2000

AUGUST 25, 2000.—Ordered to be printed

Filed under authority of the order of the Senate of July 26, 2000

Mr. JEFFORDS, from the Committee on Health, Education, Labor,

and Pensions, submitted the following

REPORT

[To accompany S. 2764]

The Committee on Health, Education, Labor, and Pensions, to

which was referred the bill (S. 2764) to amend the National and

Community Service Act of 1990 and the Domestic Volunteer Service Act of 1973 to extend the authorizations of appropriations for

the programs carried out under such Acts, and for other purposes,

having considered the same, reports favorably thereon with an

amendment in the nature of a substitute and recommends that the

bill (as amended) do pass.

CONTENTS

Page

I. Background and need for the legislation ..................................................... 1

II. History of the legislation and votes in committee ....................................... 2

III. Committee views ............................................................................................ 3

IV. Cost estimate .................................................................................................. 4

V. Regulatory impact statement ........................................................................ 7

VI. Application of law to the legislative branch ................................................ 7

VII. Section-by-section analysis ............................................................................ 7

VIII. Changes in existing law ................................................................................ 11

I. BACKGROUND AND NEED FOR THE LEGISLATION

The origin of the Federal Government’s role in community service dates back to the 1930s with the creation of the Civilian Conservation Corps (CCC). The CCC (which still exists and is now

called the Civilian Community Corps) inspired the establishment of

several other volunteer programs supported by Federal resources.

2

These include: Peace Corps which provides international community service; Volunteers In Service To America (VISTA) which focuses on poverty-related community service initiatives; and the National Senior Volunteer Corps which provides volunteer opportunities for senior citizens.

Both the National and Community Service Trust Act of 1990 and

the National and Community Service Trust Act of 1993 established

greater coordination among many of the Federally sponsored community service activities. In addition, these two acts also created

new initiatives that expanded community service opportunities.

The National and Community Service Trust Act of 1990 set up

Learn and Serve America which oversees school-based and community based service programs involving school-age youth. The 1990

act also created the Points of Light Foundation which is an independent entity that identifies successful and promising community

service projects. The 1993 act created AmeriCorps which involves

activities that meet educational, public safety, human, or environmental needs that directly benefit communities. AmeriCorps members receive education awards upon completion of service. In addition to creating AmeriCorps, the 1993 act also authorized the Corporation for National and Community Service which became the

umbrella agency for the Commission on National and Community

Service, ACTION Agency programs, and the Civilian Community

Corps.

The National and Community Service Amendments Act of 2000

makes several changes to the 1993 act which will increase participation in volunteer activities. These changes are: promoting the

participation of individuals with disabilities; increasing utilization

of the educational awards; streamlining participation costs; and

lowering the participation age for individuals involved in several

National Senior Service Corps programs. These modifications will

strengthen this Nation’s commitment to volunteerism.

II. HISTORY OF THE LEGISLATION AND VOTES IN COMMITTEE

FULL COMMITTEE HEARING

On June 20, 2000, the Committee on Health, Education, Labor,

and Pensions held an overview hearing on community service. The

hearing focused on the impact of community service activities at

the State and local level, the role of the Corporation for National

Service in overseeing community service programs, and a review of

the technical assistance available to assist entities in implementing

community service initiatives. The witnesses who testified before

the committee were: the Honorable Marc Racicot, Governor of Montana; the Honorable Harris Wofford, Chief Executive Officer of the

Corporation for National Service; Rosie Mauk, chair of the Texas

Commission on Volunteerism and Community Service; Jane Williams, executive director Vermont Commission on National and

Community Service; Emily Zollo, Vermont AmeriCorps member;

Maureen Curley, executive director Service Alliance of Massachusetts; Ruth Blackman, Foster Grandparents of Boston, Massachusetts; and Deborah Socha, curriculum coordinator from

Mattapoisset, Massachusetts.

3

THE INTRODUCTION OF THE NATIONAL AND COMMUNITY SERVICE

AMENDMENTS ACT OF 2000

On June 21, 2000, Senators Kennedy, Specter, Dodd, DeWine,

Mikulski, Smith (of Oregon), Bingaman, L. Chafee, Wellstone, Jeffords, Murray, Collins, Rockefeller, Burns, Durbin, Cochran, Kerry,

Voinovich, Cleland, Sarbanes, Baucus, Boxer, Lieberman, and

Breaux introduced S. 2764, the National and Community Service

Amendments Act of 2000. The bill reauthorizes the National and

Community Service Act and the Domestic Volunteer Service Act.

EXECUTIVE SESSION

On July 21, 2000, the Committee on Health, Education, Labor,

and Pensions met in executive session to consider S. 2764. Following opening comments, two amendments were offered.

The first amendment was offered by Senator Jeffords which was

a substitute amendment. The amendment established a state minimum grant for school-based service learning programs when the

appropriation reaches $45 million. The amendment also made technical corrections to certain subsections of S. 2764 as introduced.

The amendment was adopted by voice vote.

The second amendment was offered by Senator Mikulski. The

amendment adds an E-Corps program to the list of established national service programs eligible for assistance. The amendment was

adopted by voice vote.

After the amendments were adopted, S. 2764, the National and

Community Service Amendments Act of 2000 was agreed to by

voice vote.

III. COMMITTEE VIEWS

The National and Community Service Amendments Act of 2000,

S. 2764, reauthorizes the National and Community Service Act and

the Domestic Volunteer Service Act. S. 2764 retains the structure

of the Corporation for National and Community Service that was

established during the last authorization. The bill makes several

changes to both national service and domestic volunteer service.

These changes are designed to increase participation and to reduce

some administrative cost.

In regard to the National and Community Service Act, S. 2764

contains several significant modifications. These modifications are:

provisions which increase the participation of individuals with disabilities in community service activities; the establishment of minimum state grant awards for both school based Learn and Serve

and AmeriCorps programs; an initiative that recognizes high school

juniors and seniors engaged in outstanding community service programs; a provision which permits the use of educational awards to

pay off private or state loans; and a requirement that the cost per

participant does not exceed $15,000 plus the annual inflation adjustment.

S. 2764 includes the following key changes to the Domestic Volunteer Service Act: eliminates the age enrollment priority for Retired and Senior Volunteer program participants; lowers the age

enrollment priority to 55 for the Foster Grandparents and Senior

Companions programs; and increases the stipend for Foster Grandparents.

4

IV. COST ESTIMATE

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, July 31, 2000.

Hon. JAMES M. JEFFORDS,

Chairman, Committee on Health, Education, Labor, and Pensions,

U.S. Senate, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2764, the National and

Community Service Amendments Act of 2000.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contact is Christina Hawley Sadoti.

Sincerely,

BARRY B. ANDERSON

(For Dan L. Crippen, Director).

Enclosure.

S. 2764—National and Community Service Amendments Act of

2000

Summary: S. 2764 would reauthorize programs funded under the

National and Community Service Act of 1990 (NCSA) and the Domestic Volunteer Service Act of 1973 (DVSA). Assuming appropriations of the necessary amounts, CBO estimates that implementing

the bill would cost about $2.9 billion over the 2001–2005 period.

That estimate assumes that annual funding would be increased to

keep pace with anticipated inflation. If annual funding is not adjusted for inflation, the estimated five-year cost would be about

$2.7 billion.

Under current law, the Corporation of National and Community

Service (CNCS) has the authority to spend interest earned on

amounts appropriated into the national service trust account. In

fiscal year 1999, the trust account earned about $26 million in interest. if the amounts authorized by this bill are appropriated, the

amount of interest earned in the trust account could increase, resulting in additional outlays. But because this bill would not affect

the authority of the CNCS to spend the interest earned, pay-asyou-go procedures would not apply.

S. 2764 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA).

Implementing this bill would benefit state, local, and tribal governments, and any resulting costs to those governments would be incurred voluntarily.

Estimated Cost to the Federal Government: The estimated budgetary impact of S. 2764 is shown in Table 1. The costs of this legislation fall within budget function 500 (education, training, employment, and social services).

5

TABLE 1. ESTIMATED BUDGETARY EFFECTS OF S. 2764

By fiscal year, in millions of dollars—

2000 2001 2002 2003 2004 2005

SPENDING SUBJECT TO APPROPRIATION

With Adjustments for Inflation

Spending Under Current Law:

Budget Authority 1 ................................................... 730 0 0 0 0 0

Estimated Outlays ................................................... 700 512 257 126 64 32

Proposed Changes:

Estimated Authorization Level ................................. 0 764 780 798 815 832

Estimated Outlays ................................................... 0 229 506 650 729 780

Spending Under S. 2764:

Estimated Authorization Level 1 .............................. 730 764 780 798 815 832

Estimated Outlays ................................................... 700 741 762 776 794 811

Without Adjustments for Inflation

Spending Under Current Law:

Budget Authority 1 ................................................... 730 0 0 0 0 0

Estimated Outlays ................................................... 700 512 257 126 64 32

Proposed Changes:

Estimated Authorization Level ................................. 0 747 747 747 747 747

Estimated Outlays ................................................... 0 222 487 617 781 715

Spending Under S. 2764:

Estimated Authorization Level 1 .............................. 730 747 747 747 747 747

Estimated Outlays ................................................... 700 734 744 743 745 747

1 The 2000 level is the amount appropriated for that year for NCSA and DVSA programs.

Notes: Estimated outlays do not include outlays of interest earned on balances in the national service trust account.

Basis of estimate: S. 2764 would authorize the appropriation of

such sums as may be necessary for fiscal years 2001 through 2005

to carry out programs under the NCSA and the DVSA. Authorizations for these programs expired in 1996. Since that time, national

service programs have continued to receive appropriations; the

total appropriation level was $730 million for fiscal year 2000.

With one exception, CBO has used the amount of the most recent

appropriation as the basis for estimating the ‘‘such sums’’ authorizations. Costs for administering programs authorized under the

DVSA are authorized at 18 percent of program authorizations.

Therefore, CBO has estimated administration costs for these programs to be 18 percent of program costs, rather than basing them

on the most recent appropriation. In fiscal year 2000, the appropriated amount for DVSA administrative expenses was about 12

percent of the total program costs. Without including adjustments

for inflation, the authorized level for DVSA administration would

exceed the most recent appropriation by about $17 million.

For this estimate, CBO assumes that the estimated amounts will

be appropriated for each year and spent according to historical

spending patterns. Details of the estimated new authorizations are

shown in Table 2.

Programs reauthorized by amendments to the National and Community Service Act of 1990 include the following, along with the

amount appropriated for fiscal year 2000:

School and community-based service learning: $43 million;

National trust programs, quality and innovation (including

AmeriCorps and education awards): $342 million;

Civilian community corps: $18 million;

Administration: $26 million; and

The Points of Light Foundation: $6 million.

6

Programs reauthorized by amendments to the Domestic Volunteer Service Act of 1973 include the following, along with the

amount appropriated for fiscal year 2000:

National Volunteer Antipoverty Programs (including Volun- teers in Service to America, and literacy activities): $81 million;

National Senior Volunteer Corps (including programs for retired and senior volunteers and foster grandparents. S. 2764

would change the title of this section to ‘‘National Senior Service Corps.’’): $183 million; and Administration: $31 million.

TABLE 2. S. 2764 AUTHORIZATIONS BY PROGRAM, WITH ADJUSTMENTS FOR INFLATION

By fiscal year, in millions of dollars—

2001 2002 2003 2004 2005

SPENDING SUBJECT TO APPROPRIATION

Programs Authorized Under the National and Community Service

Act:

School and Community-based Service Learning:

Estimated Authorization Level .......................................... 44 45 46 46 47

Estimated Outlays ............................................................. 4 26 40 45 46

National Trust Programs, Quality and Innovation:

Estimated Authorization Level .......................................... 348 354 360 367 373

Estimated Outlays ............................................................. 16 124 223 287 327

Civilian Community Corps:

Estimated Authorization Level .......................................... 18 19 19 19 20

Estimated Outlays ............................................................. 16 19 19 19 20

Administration:

Estimated Authorization Level .......................................... 26 27 27 28 28

Estimated Outlays ............................................................. 22 27 27 28 28

Points of Light Foundation:

Estimated Authorization Level .......................................... 6 6 6 6 6

Estimated Outlays ............................................................. 0 6 6 6 6

Subtotal-Authorizations under NCSA:

Estimated Authorization Level ................................. 443 450 458 466 475

Estimated Outlays .................................................... 58 202 315 386 427

Programs Authorized under the Domestic Volunteer Service Act:

National Volunteer Antipoverty Programs:

Estimated Authorization Level .......................................... 84 86 88 91 93

Estimated Outlays ............................................................. 44 79 87 89 92

National Senior Service Corps:

Estimated Authorization Level .......................................... 189 194 199 205 210

Estimated Outlays ............................................................. 100 178 197 202 207

Administration:

Estimated Authorization Level .......................................... 49 50 52 53 54

Estimated Outlays ............................................................. 26 46 51 52 54

Subtotal-Authorizations under DVSA:

Estimated Authorization Level ................................. 321 331 340 349 357

Estimated Outlays ............................................................. 170 304 335 344 352

Total Authorization Under S. 2764:

Estimated Authorization Level ................................................... 764 781 798 815 832

Estimated Outlays ...................................................................... 229 506 650 729 780

In addition, this bill would make a number of changes which

would have insignificant budgetary effects. Some of these changes

would:

Include Indian tribes as organizations that are qualified to

apply for grants;

Limit the annual cost per participant in AmeriCorps;

7

Allow education awards earned by national service participants to be used to repay private loans; and

Raise the income threshold for participating in some DVSA

programs to 150 percent of poverty.

Pay-as-you-go considerations: None.

Estimated impact on State, local, and tribal governments: S.

2764 contains no intergovernmental mandates as defined in

UMRA. The bill would authorize grants to states, and in some

cases local and tribal governments, to support national service programs including AmeriCorps and the National Senior Service

Corps. CBO estimates that state, local, and tribal governments

could receive grants totaling approximately $3 billion over the next

five years; any costs associated with receipt of these funds would

be incurred voluntarily.

Estimated impact on the private sector: S. 2764 contains no private-sector mandates as defined in UMRA.

Estimate prepared by: Federal Costs: Christina Hawley Sadoti.

Impact on State, Local, and Tribal Governments: Susan Sieg Tompkins. Impact on the Private Sector: Ralph Smith.

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis.

V. REGULATORY IMPACT STATEMENT

The committee has determined that the bill may result in some

additional paperwork which would be managed by the Corporation

for National and Community Service, the entity entrusted with implementation of the National and Community Service Act and the

Domestic Volunteer Service Act. It is difficult to estimate the volume of additional paperwork that may be necessary, but the committee does not believe it will be significant.

VI. APPLICATION OF THE LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1, the Congressional Accountability Act (CAA), requires a description of the application of

this bill to the legislative branch. S. 2764 does not amend any act

that applies to the legislative branch.

VII. SECTION-BY-SECTION ANALYSIS

SHORT TITLE AND TABLE OF CONTENTS

Section 1 specifies the title of the legislation, National and Community Service Amendments Act of 2000.

Section 2 lists the table of contents.

Title I—Amendments to National and Community Service Act of

1990

Section 101. References

Section 101 specifies that all references shall be made to the National and Community Service Act of 1990.

Section 102. General provisions

Section 102(a) makes a technical amendment to the table of contents.

8

Section 102(b) adds a new purpose in regard to service-learning

programs.

Section 102(c) makes technical amendments to definitions.

Section 103. School-based and community-based service-learning

programs

Section 103(a) establishes a state minimum grant award for

school-based learn and serve programs.

Section 103(b) adds a reference to the Elementary and Secondary

Act of 1965.

Section 103(c) includes Indian tribes as qualified organizations

for the purposes of participation.

Section 103(d) eliminates the requirement that the Corporation

for National and Community Service give increased priority for

grant application characteristics.

Section 104. National service trust program

Section 104(a) eliminates current law language which has allowed the Corporation for National and Community Service to

transfer funds to another federal agency to support a national service program. This section also caps participation cost.

Section 104(b) makes technical amendments to program eligibility and adds the E-Corps programs to the list of eligible programs.

Section 104(c) makes technical amendments to eligibility of positions.

Section 104(d) makes a technical amendment regarding the numbering of sections.

Section 104(e) increases the participation of individuals with disabilities and includes a provision that establishes a state minimum

of $500,000 for national service grant awards.

Section 104(f) makes a technical amendment regarding the word

applicant.

Section 104(g) makes technical amendments regarding redesignation of paragraphs.

Section 104(h) makes a technical amendment pertaining to participant performance.

Section 104(i) makes a technical amendment to participant selection provision.

Section 104(j) makes a technical amendment to term provision.

Section 104(k) clarifies living allowances.

Section 105. National service trust

Section 105(a) establishes national service scholarships as an allowable use of trust funds.

Section 105(b) specifies that expenditures from the trust shall be

available for interest payments during forbearance on loan repayment and for national service scholarship awards.

Section 105(c) makes a technical amendment to trust award

amount.

Section 105(d) clarifies that the prohibition of using the educational award to pay off loans made to parents also applies to

loans made to parents under the direct student loan program. This

section also contains a provision which permits educational awards

to be used to pay off private or state loans.

9

Section 105(e) allows the trust to be used to support a national

service scholarship program to recognize secondary school juniors

and seniors engaged in community service activities.

Section 106. Civilian community corps

Section 106 (a) amends the purpose by increasing coordination

with the Federal Emergency Management Agency and other public

and private organizations.

Section 106(b) makes a technical amendment to program provision.

Section 106(c) adds that the director of the corps may select individuals with prior experience to be team leaders. This section also

provides that team leaders be selected without regard to age limitation.

Section 106(d) makes technical amendments to authorized benefits.

Section 106(e) makes technical amendments to references to

other departments.

Section 107. Administrative provisions

Section 107(a) eliminates the provisions permitting the State

commission and any division of the Corporation for National and

Community Service to enter into an agreement for coordinating

functions.

Section 107(b) makes a technical amendment by renumbering

sections.

Section 108. Corporation for national and community service

Sections 108(a) and (b) eliminate the provision related to staggered terms for board members and adds a provision that an appointed board member whose term has expired may continue to

serve until the earlier of the date on which the successor has taken

office or the date on which Congress adjourns to end the session

that commences after the date on which the term expired.

Section 108(c) specifies that the chief executive officer of the Corporation for National and Community Service has the authority to

enter into agreements with other agencies to carry out activities to

implement national service laws.

Section 108(d) adds a reference to the Domestic Volunteer Service Act.

Section 109. Points of light foundation

Section 109 provides that the chief executive officer of the Corporation for National and Community Service may serve as an ex

officio, nonvoting member of the board of directors of the Points of

Light Foundation.

Section 110. Authorization of appropriations

Section 110 authorizes such sums as may be necessary for all

programs authorized under the National and Community Service

Act.

10

Title II—Amendments to the Domestic Volunteer Service Act of

1973

Section 201. References

Section 201 specifies that all references shall be made to the Domestic Volunteer Service Act of 1973.

Section 202. General provisions

Section 202 makes amendments to the table of contents.

Section 203. National volunteer antipoverty programs

Section 203(a) adds an objective to VISTA to encourage supportive efforts by local agencies and organizations to achieve longterm sustainability of programs in the absence of Federal assistance.

Section 203(b) encourages the VISTA director to enter into agreements with public agencies and private organizations under which,

the agencies and organizations pay for all, or a portion of, the direct cost of supporting volunteers.

Section 203(c) authorizes the VISTA director to provide a stipend

of a maximum of $200 per month to individuals designated as volunteer leaders.

Section 204. National senior service corps

Section 204(a) renames the National Senior Volunteer Corps to

the National Senior Service Corps.

Section 204(b) adds additional purposes to the National Senior

Volunteer Corps focusing on providing service in the areas of education, public safety, health, and human services, and the environment. The purpose is also amended by specifying that opportunities

are available for people age 55 or older.

Section 204(c) eliminates the priority enrollment age of 60 years

and older for the Retired and Senior Volunteer program.

Section 204(d) requires that individuals be age 55 or older with

individuals 60 or older having an enrollment priority for the Foster

Grandparents program. This section also stipulates that any stipend shall not be less than $2.55 per hour and shall be adjusted

once prior to September 30, 2005.

Section 204(e) amends the Senior Companion program by changing the eligibility age to 55 or older with individuals age 60 or older

receiving an enrollment priority.

Section 204(f) requires that the Senior Corps director spend not

less than $375,000 and not more than $500,000 each year to promote Senior Corps programs.

Section 204(g) makes technical amendments regarding age criteria.

Section 204(h) makes technical amendments pertaining to the

name change of the National Senior Service Corps.

Sections 204(i) and (j) prohibits the awarding of national significance grants for the Retired Senior Volunteer program, the Foster

Grandparents program, or the Senior Companion program unless

the appropriated allocation for each program exceeds the appropriated allocations for the 2 preceding years.

11

Section 205. Administration and coordination

Section 205 makes technical amendments regarding the name

change of the National Senior Service Corps.

Section 206. Authorization of appropriations

Section 206 authorizes such sums as may be necessary for programs authorized under the Domestic Volunteer Assistance Act of

1973.

Title III—Technical Amendments to Other Laws

Sections 301–304. References and technical amendments

Sections 301–304 make technical amendments to programs outside the National and Community Service Act of 1990 and the Domestic Volunteer Assistance Act of 1973.

VIII. CHANGES IN EXISTING LAW

In compliance with rule XXVI paragraph 12 of the Standing

Rules of the Senate, the following provides a print of the statute

or the part or section thereof to be amended or replaced (existing

law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed

is shown in roman):

NATIONAL AND COMMUNITY SERVICE ACT OF 1990

* * * * * * *

SECTION 1. [42 U.S.C. 12401 NOTE] SHORT TITLE AND TABLE OF CONTENTS.

* * * * * * *

(b) TABLE OF CONTENTS.—The table of contents is as follows:

* * * * * * *

Subtitle D—National Service Trust and Provision of National Service Educational

Awards

* * * * * * *

Sec. 149. National service scholarship program.

* * * * * * *

SEC. 2. [42 U.S.C. 12501] FINDINGS AND PURPOSE.

(a) FINDINGS.—* * *

* * * * * * *

(b) PURPOSE.—It is the purpose of this Act to—

(1) * * *

* * * * * * *

(7) build on the existing organizational service infrastructure

of Federal, State, and local programs and agencies to expand

full-time and part-time service opportunities for all citizensø;

and¿;

(8) provide tangible benefits to the communities in which national service is performedø,¿; and

12

(9) expand and strengthen service-learning programs to improve the education of children and youth and to maximize the

benefits of national and community service.

* * * * * * *

SEC. 101. [42 U.S.C. 12511] DEFINITIONS.

For purposes of this title:

(1) ADULT VOLUNTEER.— * * *

* * * * * * *

(19) PROGRAM.—The term ‘‘program’’, unless the context otherwise requires, and except when used as part of the term

‘‘academic program’’, means a program described in section

111(a) (other than a program referred to in paragraph (3)(B) of

such section), 117A(a) ø119(b)(1), or 122(a)¿ 119(b)(1), 122(a),

or 149; or in paragraph (1) or (2) of section 152(b), or an activity that could be funded under section 198, 198C, or 198D.

* * * * * * *

(21) SCHOOL-AGE YOUTH.—The term ‘‘school-age youth’’

means—

* * * * * * *

(B) children with disabilities, as defined in øsection

602(a)(1)¿ section 602(3) of the Individuals with Disabilities Education Act (ø20 U.S.C. 1401(a)(1)¿ 20 U.S.C.

1401(3)), who receive services under part B of such Act.

* * * * * * *

(26) STATE.—The term ‘‘State’’ means each of the several

States, the District of Columbia, the Commonwealth of Puerto

Rico, the United States Virgin Islands, Guam, American

Samoa, and the Commonwealth of the Northern Mariana Islands. øThe term also includes Palau, until such time as the

Compact of Free Association is ratified.¿

* * * * * * *

SEC. 112. ø42 U.S.C. 12524¿ GRANTS AND ALLOTMENTS.

(a) INDIAN TRIBES AND TERRITORIES.—* * *

* * * * * * *

(b) GRANTS AND ALLOTMENTS THROUGH STATES.—The Corporation shall use the remainder of the funds appropriated to carry out

this subpart for any fiscal year as follows:

(1) GRANTS.—* * *

* * * * * * *

(3) MINIMUM AMOUNT.—

(A) IN GENERAL.—No State shall receive, under paragraph (2), an allotment that is less than the allotment

such State received for fiscal year 1993 under section

112(b) of this Act, as in effect on the day before the date

of enactment of this part. øIf the amount of funds made

available in a fiscal year to carry out paragraph (2) is insufficient to make such allotments, the Corporation shall

make available sums from the 25 percent described in

paragraph (1) for such fiscal year to make such allotments.¿

13

(B) YEARS WITH APPROPRIATIONS OF NOT LESS THAN

$45,000,000.—For any fiscal years for which the amount appropriated under section 501(a)(1)(A) is not less than

$45,000,000, no State shall receive, under paragraph (2),

either—

(i) an allotment that is less than $100,000; or

(ii) an allotment that is less than the allotment such

State received for fiscal year 2000 under this subsection.

(C) USE OF COMPETITIVE GRANT FUNDS.—If the amount

of funds made available in a fiscal year to carry out paragraph (2) is insufficient to make allotments under paragraph (2) in accordance with subparagraphs (A) and (B),

the Corporation shall make available sums from the 25 percent described in paragraph (1) for such fiscal year to make

such allotments in accordance with subparagraphs (A) and

(B).

* * * * * * *

SEC. 115A. ø42 U.S.C. 12528¿ PARTICIPATION OF STUDENTS AND TEACHERS FROM PRIVATE SCHOOLS.

(a) IN GENERAL.—* * *

* * * * * * *

(b) WAIVER.—If a State, Indian tribe, or local educational agency

is prohibited by law from providing for the participation of students

or teachers from private nonprofit schools as required by subsection

(a), or if the Corporation determines that a State, Indian tribe, or

local educational agency substantially fails or is unwilling to provide for such participation on an equitable basis, the Chief Executive Officer shall waive such requirements and shall arrange for

the provision of services to such students and teachers. Such waivers shall be subject to øconsultation, withholding, notice, and judicial review requirements in accordance with paragraphs (3) and (4)

of section 1017(b) of the Elementary and Secondary Education Act

of 1965 (20 U.S.C. 2727(b)), as in effect on the day preceding the

date of enactment of the Improving America’s Schools Act of 1994.¿

the requirements of section 14506 of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 8896).

* * * * * * *

Subpart B—Community-Based Service Programs

for School-Age Youth

SEC. 117. [42 U.S.C. 12541] DEFINITIONS.

As used in this subpart:

(1) COMMUNITY-BASED SERVICE PROGRAM.—* * *

* * * * * * *

(3) QUALIFIED ORGANIZATION.—The term ‘‘qualified organization’’ means a public or private nonprofit organization with experience working with school-age youth that meets such criteria as the Chief Executive Officer may establish, or an Indian tribe.

* * * * * * *

14

PART II—HIGHER EDUCATION INNOVATIVE

PROGRAMS FOR COMMUNITY SERVICE

SEC. 119. [42 U.S.C. 12561] HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY SERVICE.

(a) PURPOSE.—* * *

(e) PRIORITY.—

ø(1) IN GENERAL.—¿ In making grants and entering into contracts under subsection (b), the Corporation shall give priority

to applicants that submit applications containing proposals

that—

ø(A)¿ (1) demonstrate the commitment of the institution

of higher education, other than by demonstrating the commitment of the students, to supporting the community

service projects carried out under the program;

ø(B)¿ (2) specify the manner in which the institution will

promote faculty, administration, and staff participation in

the community service projects;

ø(C)¿ (3) specify the manner in which the institution will

provide service to the community through organized programs, including, where appropriate, clinical programs for

students in professional schools;

ø(D)¿ (4) describe any partnership that will participate

in the community service projects, such as a partnership

comprised of—

ø(i)¿ (A) the institution;

ø(ii)¿ (B) (I)(i) a community-based agency;

ø(II)¿ (ii) a local government agency; or

ø(III)¿ (iii) a nonprofit entity that serves or involves

school-age youth or older adults; and

ø(iii)¿ (C) a student organization;

ø(E)¿ (5) demonstrate community involvement in the development of the proposal;

ø(F)¿ (6) specify that the institution will use such assistance to strengthen the service infrastructure in institutions of higher education; or

ø(G)¿ (7) with respect to projects involving delivery or

service, specify projects that involve leadership development of school-age youth.

ø(2) DETERMINATION.—In giving priority to applicants under

paragraph (1), the Corporation shall give increased priority to

such an applicant for each characteristic described in

subpargraphs (A) through (G) of paragraph (1) that is reflected

in the application submitted by the applicant.¿

* * * * * * *

15

Subtitle C—National Service Trust

Program

PART I—INVESTMENT IN NATIONAL SERVICE

SEC. 121. [42 U.S.C. 12571] AUTHORITY TO PROVIDE ASSISTANCE AND

APPROVED NATIONAL SERVICE POSITIONS.

(a) PROVISION OF ASSISTANCE.—* * *

* * * * * * *

ø(b) AGREEMENTS WITH FEDERAL AGENCIES.—

ø(1) AGREEMENTS AUTHORIZED.—The Corporation may enter

into a contract or cooperative agreement with another Federal

agency to support a national service program carried out by

the agency. The support provided by the Corporation pursuant

to the contract or cooperative agreement may include the

transfer to the Federal agency of funds available to the Corporation under this subtitle.

ø(2) MATCHING FUNDS REQUIREMENTS.—A Federal agency receiving assistance under this subsection shall not be required

to satisfy the matching funds requirements specified in subsection (e). However, the supplementation requirements specified in section 173 shall apply with respect to the Federal national service programs supported with such assistance.

ø(3) CONSULTATION WITH STATE COMMISSIONS.—A Federal

agency receiving assistance under this subsection shall consult

with the State Commissions for those States in which projects

will be conducted using such assistance in order to ensure that

the projects do not duplicate projects conducted by State or

local national service programs.

ø(4) SUPPORT FOR OTHER NATIONAL SERVICE PROGRAMS.—A

Federal agency that enters into a contract or cooperative agreement under paragraph (1) shall, in an appropriate case, enter

into a contract or cooperative agreement with an entity that is

carrying out a national service program in a State that is in

existence in the State as of the date of the contract or cooperative agreement and is of high quality, in order to support the

national service program.¿

ø(c)¿ (b) PROVISION OF APPROVED NATIONAL SERVICE POSITIONS.—As part of the provision of assistance under øsubsections

(a) and (b)¿ subsection (a), the Corporation shall—

(1) approve the provision of national service educational

awards described in subtitle D for the participants who serve

in national service programs carried out using such assistance;

and

(2) deposit in the National Service Trust established in section 145(a) an amount equal to the product of—

(A) the value of a national service educational award

under section 147; and

(B) the total number of approved national service positions to be provided.

ø(d)¿ (c) FIVE PERCENT LIMITATION ON ADMINISTRATIVE COSTS.—

(1) LIMITATION.—Not more than 5 percent of the amount of

assistance provided to the original recipient of a grant or

16

transfer of assistance under subsection (a) øor (b)¿ for a fiscal

year may be used to pay for administrative costs incurred by—

(A) the recipient of the assistance; and

(B) national service programs carried out or supported

with the assistance.

(2) RULES ON USE.—The Corporation may by rule prescribe

the manner and extent to which—

(A) assistance provided under subsection (a) øor (b)¿

may be used to cover administrative costs; and

(B) that portion of the assistance available to cover administrative costs should be distributed between—

(i) the original recipient of the grant or transfer of

assistance under such subsection; and

(ii) national service programs carried out or supported with the assistance.

ø(e)¿ (d) MATCHING FUNDS REQUIREMENTS.— (1) REQUIREMENTS.—Except as provided in section 140, the

Federal share of the cost of carrying out a national service program that receives the assistance under subsection (a), whether the assistance is provided directly or as a subgrant from the

original recipient of the assistance, may not exceed 75 percent

of such cost.

(2) CALCULATION.—In providing for the remaining share of

the cost of carrying out a national service program, the

program—

(A) shall provide for such share through a payment in

cash or in kind, fairly evaluated, including facilities, equipment, or services; and

(B) may provide for such share through State sources,

local sources, or other Federal sources (other than the use

of funds made available under the national service laws).

(3) COST OF HEALTH CARE.—In providing a payment in cash

under paragraph (2)(A) as part of providing for the remaining

share of the cost of carrying out a national service program,

the program may count not more than 85 percent of the cost

of providing a health care policy described in section 140(d)(2)

toward such share.

(4) WAIVER.—The Corporation may waive in whole or in part

the requirements of paragraph (1) with respect to a national

service program in any fiscal year if the Corporation determines that such a waiver would be equitable due to a lack of

available financial resources at the local level.

(e) COST OF PARTICIPANT.—

(1) LIMIT.—The Corporation share of the aggregate cost of national service positions approved under the national service

laws may not exceed the product of—

(A) the number of such positions; and

(B) the amount determined under paragraph (2).

(2) AMOUNT PER PARTICIPANT.—

(A) FISCAL YEAR 1999.—For fiscal year 1999, the amount

referred to in paragraph (1)(B) shall be $15,000.

(B) FISCAL YEARS 2000 THROUGH 2005.—For each of fiscal

years 2000 through 2005, the amount referred to in paragraph (1)(B) shall be the amount determined under this

paragraph for the preceding fiscal year, adjusted to reflect

17

the percentage increase in the Consumer Price Index for All

Urban Consumers published by the Secretary of Labor, occurring in the 1-year period immediately preceding the date

the adjustment is made.

(3) COST.—For purposes of paragraph (1), the cost of an approved national service position shall be the average budgeted

cost per individual enrolled in an approved national service position, including the administrative and support cost attributable to the individual.

SEC. 122. [42 U.S.C. 12572] TYPES OF NATIONAL SERVICE PROGRAMS

ELIGIBLE FOR PROGRAM ASSISTANCE.

(a) ELIGIBLE NATIONAL SERVICE PROGRAMS.—The recipient of a

grant under section 121(a) øand each Federal agency receiving assistance under section 121(b)¿ shall use the assistance, directly or

through subgrants to other entities, to carry out full- or part-time

national service programs, including summer programs, that address unmet human, educational, environmental, or public safety

needs. Subject to subsection (b)(1), these national service programs

may include the following types of national service programs:

* * * * * * *

(4) A service program that is targeted at specific unmet

human, educational, environmental, or public safety needs and

that—

(A) recruits individuals with special skills or provides

specialized preservice training to enable participants to be

placed individually or in teams in positions in which the

participants can meet such unmet needs, such as an ECorps program that involves participants who provide service in a community by developing and assisting in carrying

out technology programs.

* * * * * * *

SEC. 123. [42 U.S.C. 12573] TYPES OF NATIONAL SERVICE POSITIONS

ELIGIBLE FOR APPROVAL FOR NATIONAL SERVICE EDUCATIONAL AWARDS.

* * * * * * *

(1) A position for a participant in a national service program

described in section 122(a) that receives assistance under øsubsection (a) or (b) of section 121¿ section 121(a).

(2) A position for a participant in a program that—

(A) is carried out by a State, a subdivision of a State, an

Indian tribe, a public or private nonprofit organization,

øan institution of higher education, or a Federal agency¿

or an institution of higher education.

* * * * * * *

SEC. 126. [42 U.S.C. 12576] OTHER SPECIAL ASSISTANCE.

(a) SUPPORT FOR STATE COMMISSIONS.—

* * * * * * *

(c) CHALLENGE GRANTS FOR NATIONAL SERVICE PROGRAMS.—

(1) ASSISTANCE AUTHORIZED.—

* * * * * * *

18

(3) AMOUNT OF ASSISTANCE.—A challenge grant under this subsection may provide not more than $1 of assistance under

this subsection for each $1 in cash raised by the national service program from private sources in excess of amounts required

to be provided by the program to satisfy matching funds requirements under øsection 121(e)¿ section 121(d). The Corporation shall establish a ceiling on the amount of assistance that

may be provided to a national service program under this subsection.

* * * * * * *

PART II—APPLICATION AND APPROVAL

PROCESS

SEC. 129. [42 U.S.C. 12581] PROVISION OF ASSISTANCE AND APPROVED

NATIONAL SERVICE POSITIONS BUY COMPETITIVE AND

OTHER MEANS.

(a) ALLOTMENTS OF ASSISTANCE AND APPROVED POSITIONS TO

STATES AND INDIAN TRIBES.— (1) 331⁄3 PERCENT ALLOTMENT OF ASSISTANCE TO CERTAIN

STATES.—øOf the funds allocated by the Corporation for provision of assistance under subsections (a) and (b) of section 121

for a fiscal year, the Corporation shall¿

(A) IN GENERAL.—Of the funds allocated by the Corporation for provision of assistance under section 121(a) for a

fiscal year, the Corporation may make a grant under section 121(a) (and a corresponding allotment of approved national service positions) to each of the several States, the

District of Columbia, and the Commonwealth of Puerto

Rico that has an application approved by the Corporation

under section 133. The amount allotted as a grant to each

such State under this paragraph for a fiscal year shall be

equal to the amount that bears the same ratio to 331⁄3 percent of the allocated funds for that fiscal year as the population of the State bears to the total population of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.

(B) MINIMUM STATE GRANTS.—Notwithstanding subparagraph (A), no state described in subparagraph (A)

shall receive a grant under subparagraph (A) for a fiscal

year in an amount less than $500,000.

(2) ONE PERCENT ALLOTMENT FOR CERTAIN TERRITORIES AND

POSSESSIONS.—Of the funds allocated by the Corporation for

øprovision assistance under subsections (a) and (b) of section

121¿ provision of assistance under section 121(a) for a fiscal

year, the Corporation shall reserve 1 percent of the allocated

funds for grants under section 121(a) to the United States Virgin Islands, Guam, American Samoa, and the Commonwealth

of the Northern Mariana Islands upon approval of an application by the Corporation under section 133. øPalau shall also be

eligible for a grant under this paragraph from the allotment

until such time as the Compact of Free Association with Palau

is ratified.¿ The amount allotted as a grant to each such territory or possession under this paragraph for a fiscal year shall

19

be equal to the amount that bears the same ratio to 1 percent

of the allocated funds for that fiscal year as the population of

the territory or possession bears to the total population of such

territories and possessions.

(3) ONE PERCENT ALLOTMENT FOR INDIAN TRIBES.—Of the

funds allocated by the Corporation for øprovision of assistance

under subsections (a) and (b) of section 121¿ provision of assistance under section 121(a) for a fiscal year, the Corporation

shall reserve 1 percent of the allocated funds for grants under

section 121(a) to Indian tribes, to be allotted by the Corporation on a competitive basis in accordance with their respective

needs.

* * * * * * *

(d) COMPETITIVE DISTRIBUTION OF REMAINING FUNDS.— (1) STATE COMPETITION.—Of the funds allocated by the Corporation for øprovision of assistance under subsections (a) and

(b) of section 121¿ provision of assistance under section 121(a)

for a fiscal year, the Corporation shall use not less than 331⁄3

percent of the allocated funds to make grants to States on a

competitive basis under section 121(a).

(2) øFEDERAL AGENCIES AND OTHER APPLICANTS¿ OTHER AP- PLICANTS.—The Corporation shall distribute on a competitive

basis to subdivisions of States, Indian tribes, public or private

nonprofit organizations (including labor organizations), and institutions of higher education, øand Federal agencies¿ the remainder of the funds allocated by the Corporation for provision

of assistance under section 121 for a fiscal year, after operation

of paragraphs (1) and subsections (a) and (c).

ø(3) LIMITATION ON DISTRIBUTION TO FEDERAL AGENCIES.— The Corporation may not provide more than 1⁄3 of the funds

available for competitive distribution under paragraph (2) for

a fiscal year to Federal agencies under section 121(b).¿

ø(4)¿ (3) PRIORITY LIMITATIONS—The Corporation may limit

the categories of eligible applicants for assistance under paragraph (2) consistent with the priorities established by the Corporation under section 133(d)(2).

ø(5)¿ (4) RESERVATION OF FUNDS FOR SUPPLEMENTAL AND

OUTREACH GRANTS—

(A) RESERVATION.—* * *

* * * * * * *

(B) GRANTS TO øASSIST ENTITIES IN PLACING APPLICANTS

WHO ARE¿ INCREASE THE PARTICIPATION OF INDIVIDUALS

WITH A DISABILITY.—

(i) IN GENERAL.—The Chief Executive Officer shall

make grants from a portion of the funds reserved

under subparagraph (A) to entities that—

(I) øreceive a grant to carry out a national service program under paragraph (1) or (2)¿ receive assistance, such as funding or an allotment of approved national service positions, to carry out activities under the national service laws.—

ø(II) demonstrate that the entity has received a

substantial number of¿ applications for placement

in the national service program of persons who

20

are individuals with a disability and who require

a reasonable accommodation (as defined in section

101(9) of the Americans with Disabilities Act of

1990 (42 U.S.C. 12111(9))), or auxiliary aids and

services (as defined in section 3(1) of such Act (42

U.S.C. 12102)2))), in order to perform national

service; and

(III) demonstrate that additional funding would

assist the national service program in øplacing a

substantial number of such individuals with a disability as participants in projects carried out

through the program¿ increasing the participation

of individuals with disabilities in activities carried

out under the national service laws.

(ii) REQUIREMENTS.—Funds made available through

such a supplemental grant under clause (i) shall be

made available for the same purposes, and subject to

the same requirements, øas funds made available

through a grant made under paragraph (1) or (2)¿ as

assistance described in clause (i)(I).

(C) GRANTS FOR OUTREACH TO INDIVIDUALS WITH A øDIS- ABILITY¿ ABILITY AND FOR DEMONSTRATION PROGRAMS.— (i) IN GENERAL.—From the portion of the funds reserved under subparagraph (A) that is not used to

make grants under subparagraph (B), the Chief Executive Officer shall make grants to public or private

nonprofit organizations øto pay for the Federal share

described in section 121(e)¿ to support demonstration

programs promoting the participation of individuals

with a disability in national service and to pay for the

Federal share described in section 121(d) of—

(I) providing information about øthe programs

specified in section 193A(d)(10)¿ national service

programs carried out under the national service

laws to such individuals with a disability who desire to perform national service; and

* * * * * * *

(h) RESERVATION OF FUNDS TO SUPPORT PROGRAMS REDUCING

CORPORATION COSTS.— (1) PROVISION OF OPERATIONAL SUPPORT.—From amounts appropriated for a fiscal year pursuant to section 501(a)(2) and

made available to provide financial assistance under this subtitle, and subject to paragraph (2), the Corporation may reserve

an amount of not more than $15,000,000 to provide operational

support to programs that receive approved national service positions under this subtitle but do not receive funds under section

121(a).

(2) LIMITATION ON AMOUNT OF OPERATIONAL SUPPORT.—The

amount of operational support provided under this subsection

may not exceed $1,000 per individual placed in an approved

national service position in such a program.

(3) NO ADMINISTRATIVE COST, MATCHING FUND, AND PARTICI- PANT BENEFIT REQUIREMENTS.—Programs supported under this

subsection shall not be subject to the administrative cost,

matching fund, and participant benefit requirements of subVerDate 11-MAY-2000 02:23 Aug 29, 2000 Jkt 079010 PO 00000 Frm 00020 Fmt 6659 Sfmt 6603 E:\HR\OC\SR365.XXX pfrm02 PsN: SR365
21

sections (c) and (d) of section 121, section 131(e), and subsections (a), (d), and (e) of section 140.

SEC. 130. [42 U.S.C. 12582] APPLICATION FOR ASSISTANCE AND APPROVED NATIONAL SERVICE POSITIONS.

(a) TIME, MANNER, AND CONTENT OF APPLICATION.—To be eligible to receive assistance under section 121 or approved national

service positions for participants who serve in the national service

programs to be carried out øusing the assistance, a State, subdivision of a State, Indian tribe, public or private nonprofit organization, institution of higher education, or Federal agency¿ using the

assistance, an applicant shall prepare and submit to the Corporation an application at such time, in such manner, and containing

such information as the Corporation may reasonably require.

* * * * * * *

(d) APPLICATION TO RECEIVE ONLY APPROVED NATIONAL SERVICE

POSITIONS.— (1) APPLICABILITY OF SUBSECTION.—This subsection shall

apply in the case of an application in which—

(A) the applicant is not seeking assistance under øsubsection (a) or (b) of section 121¿, section 121(a) but requests national 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 øsubsection (a) or (b) of section 121¿

section 121(a).

* * * * * * *

(f) SPECIAL RULE FOR CERTAIN APPLICANTS.— (1) WRITTEN CONCURRENCE.—* * *

* * * * * * *

(A) a State, subdivision of a State, Indian tribe, public

or private nonprofit organization, øinstitution of higher

education, or Federal agency¿ or institution of higher education 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, øinstitution of higher education, or Federal agency¿

or institution of higher education under section 121.

* * * * * * *

SEC. 133. [42 U.S.C. 12585] CONSIDERATION OF APPLICATIONS.

(a) CORPORATION CONSIDERATION OF CERTAIN CRITERIA.—* * *

* * * * * * *

(d) OTHER CONSIDERATIONS.—

(1) GEOGRAPHIC DIVERSITY.—* * *

* * * * * * *

(2) PRIORITIES.—* * *

* * * * * * *

22

ø(A) national service programs carried out by another

Federal agency;¿

ø(B)¿ (A) national service programs that conform to the

national service priorities in effect under section 122(c);

ø(C)¿ (B) innovative national service programs;

ø(D)¿ (C) national service programs that are well established in one or more States at the time of the application

and are proposed to be expanded to additional States using

assistance provided under section 121;

ø(E)¿ (D) grant programs in support of other national

service programs if the grant programs are to be conducted

by nonprofit organizations with a demonstrated and extensive expertise in the provision of services to meet human,

educational, environmental, or public safety needs;

ø(F)¿ (E) professional corps programs described in section 122(a)(8); and

ø(G)¿ (F) program that—

* * * * * * *

PART III—NATIONAL SERVICE PARTICIPANTS

SEC. 137. [42 U.S.C. 1259] DESCRIPTION OF PARTICIPANTS.

(a) IN GENERAL.—* * *

* * * * * * *

(3) will serve in the program for a term of service specified

in section 139 øto be performed before, during, or after attendance at an institution of higher education;¿

* * * * * * *

SEC. 138. [42 U.S.C. 12592] SELECTION OF NATIONAL SERVICE PARTICIPANTS.

(a) SELECTION PROCESS.—Subject to subsections (b) and (c) and

section 131(f), the actual recruitment and selection of an individual

to serve in a national service program receiving assistance under

section 121 or to fill an approved national service position shall be

conducted by the State, subdivision of a State, Indian tribe, public

or private nonprofit organization, institution of higher education,

øFederal agency,¿ or other entity to which the assistance and approved national service positions are provided.

* * * * * * *

SEC. 139. [42 U.S.C. 12593] TERMS OF SERVICE.

(a) IN GENERAL.—As a condition of receiving a national service

education award under subtitle D, a participant in an approved national service position shall be required to øperform full or parttime national service for at least one term of service¿ complete at

least 1 term of full- or part-time national service as specified in subsection (b).

* * * * * * *

SEC. 140 [42 U.S.C. 12594] LIVING ALLOWANCES FOR NATIONAL SERVICE PARTICIPANTS.

(a) PROVISION OF LIVING ALLOWANCE.—

23

(1) LIVING ALLOWANCE REQUIRED.—Subject to paragraph (3),

a national service program carried out using assistance provided under section 121 shall provide to each participant who

participates on a full-time basis in the program øa living allowance¿ an annual living allowance, for 12 months of service, in

an amount equal to or greater than the average annual subsistence allowance provided to VISTA volunteers under section

105 of the Domestic Volunteer Service Act of 1973 (42 U.S.C.

4955).

* * * * * * *

(4) PRORATION OF LIVING ALLOWANCE.—The amount provided

as a living allowance under this subsection shall be prorated

in the case of a participant who is authorized to serve øa reduced term of service under section 139(b)(3)¿ a term of fulltime service under section 139(b)(1) that is less than 12 months.

* * * * * * *

Subtitle D—National Service Trust and

Provision of National Service Educational Awards

SEC. 145. [42 U.S.C. 12601] ESTABLISHMENT OF THE NATIONAL SERVICE TRUST.

(a) ESTABLISHMENT.—There is established in the Treasury of the

United States an account to be known as the National Service

Trust. The Trust shall consist of—

(1) * * *

* * * * * * *

(A) national service educational awardsø; and¿;

(B) interest expenses pursuant to section 148(e)ø;¿; and

(C) national service scholarships under section 149.

* * * * * * *

(c) EXPENDITURES FROM TRUST.—Amounts in the Trust shall be

available, to the extent provided for in advance by appropriation,

øfor payments of national service educational awards in accordance

with section 148.¿ for—

(1) payments of national service educational awards and interest in accordance with paragraphs (1) through (4) of section

148(a); and

(2) awards of national service scholarships in accordance

with section 149.

(d) REPORTS TO CONGRESS ON RECEIPTS AND EXPENDITURES.—

* * * * * * *

(B) has lapsed pursuant to section 146(d); øand¿

(4) estimate the number of additional approved national

service positions that the Corporation will be able to make

available under subtitle C on the basis of any accumulated surplus in the Trust above the amount required to provide national service educational awards to individuals identified

under paragraph (2), including any amounts available as a result of the circumstances referred to in paragraph (3)ø.¿; and

24

(5) identify the number of students who received national

service scholarships under section 149, and specify the amount

and sources of funds expended on the national service scholarship program carried out under section 149, during the fiscal

year.

SEC. 146. [42 U.S.C. 12602] INDIVIDUALS ELIGIBLE TO RECEIVE A NATIONAL SERVICE EDUCATIONAL AWARD FROM THE

TRUST.

(a) ELIGIBLE INDIVIDUALS.—* * *

* * * * * * *

ø(c) LIMITATION ON NUMBER OF TERMS OF SERVICE FOR

AWARDS.—Although an individual may serve more than 2 terms of

service described in subsection (b) in an approved national service

position, the individual shall receive a national service educational

award from the National Service Trust only on the basis of the first

and second of such terms of service.¿

(c) LIMITATION ON RECEIPT OF EDUCATIONAL AWARDS.—An individual may receive, through the national service educational

awards, no more than an amount equal to the aggregate value of

2 national service educational awards for full-time service.

* * * * * * *

SEC. 147. [42 U.S.C. 12603] DETERMINATION OF THE AMOUNT OF THE

NATIONAL SERVICE EDUCATIONAL AWARD.

(a) AMOUNT FOR FULL-TIME NATIONAL SERVICE.—Except as provided in subsection (c), an individual described in section 146(a)

who successfully completes a required term of full-time national

service in an approved national service position shall receive a national service educational award having a valueø, for each of not

more than 2 of such terms of service,¿ equal to 90 percent of—

* * * * * * *

SEC. 148. [42 U.S.C. 12604] DISBURSEMENT OF NATIONAL SERVICE EDUCATIONAL AWARDS.

(a) IN GENERAL.—Amounts in the Trust shall be available—

(1) * * *

* * * * * * *

(7) DEFINITION OF QUALIFIED STUDENT LOANS.—As used in

this subsection, the term ‘‘qualified student loans’’ means—

(A) any loan made, insured, or guaranteed pursuant to

title IV of the Higher Education Act of 1965 (20 U.S.C.

1070 et seq.), other than a loan to a parent of a student

pursuant to section 428B of such Act (20 U.S.C. 1078–2)ø;

and¿ or a loan to a parent pursuant to part D of title IV

of such Act (20 U.S.C. 1087a et seq.) with the same terms,

conditions, and benefits as a loan made pursuant to section

428B of such Act;

(B) any loan made pursuant to title VII or VIII of the

Public Health Service Act (42 U.S.C. 292a et seq.)ø.¿; and

(C) any loan (other than a loan described in subparagraph (A) or (B)) determined by an institution of higher

education to be necessary to cover a student’s cost of attendance at the institution and made directly to a student by—

(i) an eligible lender, as defined in section 435 of the

Higher Education Act of 1965 (20 U.S.C. 1085);

25

(ii) a State agency; or

(iii) a lender otherwise determined by the Corporation to be eligible to receive disbursements from the National Service Trust.

* * * * * * *

(e) INTEREST PAYMENTS DURING FORBEARANCE ON LOAN REPAY- MENT.—The Corporation shall provide by regulation for the payment on behalf of an eligible individual of interest that accrues

during a period for which such individual has obtained forbearance

in the repayment of a qualified student loan (as defined in øsubsection (b)(6)¿ subsection (b)(7), if the eligible individual successfully completes the individual’s required term of service (as determined under section 146(b)). Such regulations shall be prescribed

after consultation with the Secretary of Education.

(f) EXCEPTION.—With the approval of the Director, Chief Executive Officer an approved national service program funded under

section 121, may offer participants the option of waiving their right

to receive a national service educational award in order to receive

an alternative post-service benefit funded by the program entirely

with non-Federal funds.

* * * * * * *

SEC. 149. NATIONAL SERVICE SCHOLARSHIP PROGRAM.

The Corporation may use amounts in the Trust to support a national service scholarship program to recognize secondary school

juniors and seniors who are engaged in outstanding community

service.

* * * * * * *

Subtitle E—Civilian Community Corps

SEC. 151. [42 U.S.C. 12611] PURPOSE.

It is the purpose of this subtitle to authorize the establishment

of a Civilian Community Corps to provide a basis for determining—

(1) * * *

* * * * * * *

(3) whether retired members and former members of the

Armed Forces of the United States, members and former members of the Armed Forces discharged or released from active

duty in connection with reduced Department of Defense spending, members and former members of the Armed Forces discharged or transferred from the Selected Reserve of the Ready

Reserve in connection with reduced Department of Defense

spending, and other members of the Armed Forces not on active duty and not actively participating in a reserve component

of the Armed Forces can provide guidance and training under

such programs that contribute meaningfully to the encouragement of national and community service; øand¿

(4) whether domestic national service programs can serve as

a substitute for the traditional option of military service in the

Armed Forces of the United States which, in times of reductions in the size of the Armed Forces, is a diminishing national

service opportunity for young Americansø. ; and¿

26

(5) whether such programs can meet national and community

needs related to natural and other disasters in coordination

with the Federal Emergency Management Agency and other

public and private organizations.

* * * * * * *

SEC. 153. [42 U.S.C. 12613] NATIONAL SERVICE PROGRAM.

(a) IN GENERAL.—* * *

* * * * * * *

(c) DIVERSE øBACKGROUNDS¿ BACKGROUNDS OF PARTICIPANTS.— In selecting persons for the national service program, the Director

shall endeavor to ensure that participants are from economically,

geographically, and ethnically diverse backgrounds.

* * * * * * *

SEC. 155. [42 U.S.C. 12615] CIVILIAN COMMUNITY CORPS.

(a) DIRECTOR.—Upon the establishment of the Civilian Community Corps Demonstration Program, the Civilian Community Corps

shall be under the direction of the Director appointed pursuant to

section 159(c)(1).

(b) MEMBERSHIP IN CIVILIAN COMMUNITY CORPS.—

(1) PARTICIPANTS TO BE MEMBERS.—* * *

* * * * * * *

(4) TEAM LEADERS.—

(A) IN GENERAL.—The Director may select individuals

with prior supervisory or service experience to be team leaders in the Corps, to perform service that includes leading

and supervising teams of Corps members.

(B) CRITERIA.—Team leaders shall be selected without regard to the age limitation described in section 153(b)(1).

(C) TREATMENT.—For purposes of this subtitle, particularly subsections (b) and (c) of section 160, team leaders

shall be deemed to be members of the Corps and shall be

provided the rights and benefits applicable to Corps members, except that the limitation on the amount of the living

allowance available under section 158(b) shall not apply.

* * * * * * *

SEC. 158. [42 U.S.C. 12618] AUTHORIZED BENEFITS FOR CORPS MEMBERS.

(a) IN GENERAL.—* * *

* * * * * * *

ø(e) POST SERVICE BENEFITS.—Upon completion of the agreed period of service with the Corps, a member shall elect to receive the

educational assistance under subsection (f) or the cash benefit

under subsection (g).¿

ø(f)¿ (e) NATIONAL SERVICE EDUCATIONAL AWARDS.—A Corps

member who successfully completes a period of agreed service in

the Corps may receive the national service educational awards described in subtitle D if the Corps member—

(1) serves in an approved national service position; and

(2) satisfies the eligibility requirements specified in section

146 with respect to service in that approved national service

position.

27

ø(g) ALTERNATIVE BENEFIT.—If a Corps member who successfully

completes a period of agreed service in the Corps is ineligible for

the national service educational award described in subtitle D, the

Director may provide for the provision of a suitable alternative benefit for the Corps member.¿

* * * * * * *

SEC. 162. [42 U.S.C. 12622] RESPONSIBILITIES OF OTHER DEPARTMENTS.

(a) SECRETARY OF DEFENSE.—

(1) LIAISON OFFICE.—

(A) ESTABLISHMENT.—* * *

* * * * * * *

(B) DUTIES.—The office shall—

(i) in order to assist in the recruitment of personnel

for appointment in the permanent cadre, make available to the Director information in the registry established by øsection 4462 of the National Defense Authorization Act for Fiscal year 1993¿ section 1143a of

title 10, United States Code; and

* * * * * * *

SEC. 178. [42 U.S.C. 12638] STATE COMMISSIONS ON NATIONAL AND

COMMUNITY SERVICE.

(a) EXISTENCE REQUIRED.—* * *

* * * * * * *

(i) COORDINATION.— (1) COORDINATION WITH OTHER STATE AGENCIES.—* * *

* * * * * * *

(2) COORDINATION WITH VOLUNTEER SERVICE PROGRAMS.—

(A) IN GENERAL.—* * *

* * * * * * *

ø(B) AGREEMENT.—In coordinating functions under this

paragraph, such Commission or entity, and such division,

may enter into an agreement to—

ø(i) carry out such a function jointly;

ø(ii) to assign responsibility for such a function to

the Commission or entity; or

ø(iii) to assign responsibility for such a function to

the division.¿

ø(C)¿ (B) 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.

* * * * * * *

SEC. 181. [42 U.S.C. 12641] CONTINGENT EXTENSION.

øSection 414¿ Section 422 of the General Education Provisions

Act (20 U.S.C. 1226a) shall apply to this Act.

* * * * * * *

28

SEC. 192. [42 U.S.C. 12651a] BOARD OF DIRECTORS.

(A) COMPOSITION.—

(1) IN GENERAL.—* * *

* * * * * * *

ø(c) TERMS.—Each appointed member of the Board shall serve for

a term of 5 years, except that, as designated by the President—

ø(1) 3 of the members first appointed to the Board shall

serve for a term of 1 year;

ø(2) 3 of the members first appointed to the Board shall

serve for a term of 2 years;

ø(3) 3 of the members first appointed to the Board shall

serve for a term of 3 years;

ø(4) 3 of the members first appointed to the Board shall

serve for a term of 4 years;

ø(5) 3 of the members first appointed to the Board shall

serve for a term of 5 years;¿

(c) TERMS.—Subject to subsection (e), each appointed member

shall serve for a term of 5 years.

* * * * * * *

(e) SERVICE UNTIL APPOINTMENT OF SUCCESSOR.—An appointed

member of the Board whose term has expired may continue to serve

until the earlier of—

(1) the date on which a successor has taken office; or

(2) the date on which Congress adjourns sine die to end the

session of Congress that commences after the date on which the

term expired.

SEC. 192A. [42 U.S.C. 12651b] AUTHORITIES AND DUTIES OF THE BOARD

OF DIRECTORS.

(a) MEETINGS.—* * *

* * * * * * *

(9) ensure effective dissemination of information regarding

the programs and initiatives of the Corporationø;¿; and

(10) notwithstanding any other provision of law, make grants

to or contracts with Federal or other public departments or

agencies and private nonprofit organizations for the assignment or referral of volunteers under the provisions of the Domestic Volunteer Service Act of 1973 (except as provided in

section 108 of the Domestic Volunteer Service Act of 1973),

which may provide that the agency or organization shall pay

all or a part of the costs of the programø; and¿.

ø(11) prepare and make recommendations to the Congress

and the President for changes in the national service laws resulting from the studies and demonstrations the Chief Executive Office is required to carry out under section 193A(b)(10),

which recommendations shall be submitted to the Congress

and President not later than September 20, 1995.¿

* * * * * * *

SEC. 193A. [42 U.S.C. 12651d] AUTHORITIES AND DUTIES OF THE CHIEF

EXECUTIVE OFFICER.

(a) GENERAL POWERS AND DUTIES.—* * *

* * * * * * *

29

(c) POWERS.—In addition to the authority conferred on the Chief

Executive Officer under any other provision of the national service

laws, the Chief Executive Officer may—

(1) * * *

* * * * * * *

ø(3)¿ (3)(A) with their consent, utilize the services and facilities of Federal agencies with or without reimbursement, and,

with the consent of any State, or political subdivision of a

State, accept and utilize the services and facilities of the agencies of such State or subdivisions without reimbursementø;¿;

and

(B) enter into agreements with other Federal agencies to carry

out activities to further implementation of the national service

laws;

* * * * * * *

SEC. 196A. [42 U.S.C. 12651h] CORPORATION STATE OFFICES.

(a) IN GENERAL.—* * *

* * * * * * *

(b) DUTIES.—Each State office established pursuant to subsection

(a) shall—

(1) * * *

* * * * * * *

(4) monitor and evaluate the performance of all programs and projects within the State that receive assistance under the ønational service laws¿ Domestic Volunteer

Service Act of 1973 (42 U.S.C. 4950 et seq.); and

* * * * * * *

SEC. 303. [42 U.S.C. 12662] AUTHORITY.

(a) IN GENERAL.—* * *

* * * * * * *

(b) CHIEF EXECUTIVE OFFICER AS EX OFFICIO MEMBER OF BOARD

OF DIRECTORS.—The Chief Executive Officer of the Corporation may

serve as an ex officio, nonvoting member of the Board of Directors

of the Foundation.

ø(b)¿ (c) CONSTRUCTION.—Nothing in this Act shall be construed

either—

(1) to cause the Foundation to be deemed an agency, establishment, or instrumentality of the United States Government;

or

* * * * * * *

TITLE V—AUTHORIZATION OF

APPROPRIATIONS

SEC. 501. [42 U.S.C. 12681] AUTHORIZATION OF APPROPRIATIONS.

(a) TITLE I.—

(A) IN GENERAL.—There are authorized to be appropriated to provide financial assistance under subtitle B of

title I, $45,000,000 for fiscal year 1994 and such sums as

may be necessary for each of the fiscal years 1995 through

30

1996¿ such sums as may be necessary for each of fiscal

years 2001 through 2005.

* * * * * * *

(2) SUBTITLES C, D, AND H.— (A) IN GENERAL.—there are authorized to be appropriated to provide financial assistance under subtitles C

and H of title I, to øprovide national service educational

awards¿ make payments from the National Service Trust

under subtitle D of title I, and to carry out such audits and

evaluations as the Chief Executive Officer or the Inspector

General of the Corporation may determine to be necessary,

ø$300,000,000 for fiscal year 1994, $500,000,000 for fiscal

year 1995, and $700,000,000 for fiscal year 1996¿ such

sums as may be necessary for fiscal years 2001 through

2005.

* * * * * * *

(3) SUBTITLE E.—There are authorized to be appropriated to

provide financial assistance under subtitle E of title I, such

sums as may be necessary for each of øthe fiscal years 1995

through 1996¿ fiscal years 2001 through 2005. (4) ADMINISTRATION.— (A) IN GENERAL.—There are authorized to be appropriated for the administration of this Act ø$40,000,000 for

fiscal year 1994, $60,000,000 for fiscal year 1995, and

$70,000,000 for fiscal year 1996¿ such sums as may be necessary for each of fiscal years 2001 through 2005.

* * * * * * *

(b) TITLE III.—There are authorized to be appropriated to carry

out title III ø$5,000,000 for each of the fiscal years 1994 through

1996¿ such sums as may be necessary for each of fiscal years 2001

through 2005.

* * * * * * *

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

* * * * * * *

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—* * *

* * * * * * *

(b) TABLE OF CONTENTS.—The table of contents is as follows:

* * * * * * *

øTITLE II—NATIONAL SENIOR VOLUNTEER CORPS¿

TITLE II—NATIONAL SENIOR SERVICE CORPS

* * * * * * *

PART D—GENERAL PROVISIONS

øSEC. 221. Promotion of National Senior Volunteer Corps.¿

Sec. 221. Promotion of National Senior Service Corps.

* * * * * * *

31

øSEC. 224. Use of locally generated contributions in National Senior Volunteer

Corps.¿

* * * * * * *

Sec. 224. Use of locally generated contributions in National Senior Service Corps.

TITLE V—AUTHORIZATION OF APPROPRIATIONS

* * * * * * *

øSec. 502. National Senior Volunteer Corps.¿

Sec. 502. National Senior Service Corps.

* * * * * * *

TITLE I—NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

PART A—VOLUNTEERS IN SERVICE TO AMERICA

STATEMENT OF PURPOSE

SEC. 101. This part provides for the Volunteers in Service to

America (VISTA) program of full-time volunteer service, together

with appropriate powers and responsibilities designed to assist in

the development and coordination of such program. The purpose of

this part is to strengthen and supplement efforts to eliminate and

alleviate poverty and poverty-related problems in the United States

by encouraging and enabling persons from all walks of life, all geographical areas, and all age groups, including low-income individuals, elderly and retired Americans, to perform meaningful and

constructive volunteer service in agencies, institutions, and situations where the application of human talent and dedication may assist in the solution of poverty and poverty-related problems and secure and exploit opportunities for self-advancement by persons øafflicted with¿ affected by such problems. In addition, the objectives

of this part are to generate the commitment of private sector resources, to encourage volunteer service at the local level, to support

efforts by local agencies and organizations to achieve long-term sustainability of programs in the absence of Federal assistance, and to

strengthen local agencies and organizations to carry out the purpose of this part.

* * * * * * *

SELECTION AND ASSIGNMENT OF VOLUNTEERS

SEC. 103 (a) * * *

* * * * * * *

(2)(A) The Director shall establish and maintain within the

national headquarters of the Corporation (or any successor entity of such agency) a volunteer placement office which shall be

responsible for all functions related to the recruitment and

placement of volunteers under this part. Such functions and

activities shall be carried out in coordination or in conjunction

with recruitment and placement activities carried out under

the øNational and Community Service Trust Act of 1993¿ National Community Service Act of 1990. Upon the transfer of the

functions of the ACTION Agency to the Corporation for National and Community Service, the office established under

this subparagraph shall be merged with the recruitment office

of such Corporation. At no time after such transfer of functions

32

shall more than one office responsible primarily for recruitment exist within the Corporation.

* * * * * * *

(c)(1) The Director, in conjunction with the personnel described

in subsection (b)(2)(C), shall engage in public awareness and recruitment activities. Such activities may include—

(A) * * *

* * * * * * *

(F) publicizing national service educational awards available

under the øNational and Community Service Trust Act of

1993¿; National and Community Service Act of 1990

* * * * * * *

(i) The Director is encouraged to enter into agreements

with public agencies and private organizations under

which the agencies and organizations pay for all, or a portion of, the direct cost of supporting volunteers serving

under this part.

* * * * * * *

SUPPORT SERVICE

SEC. 105. (a)(1)(A) * * *

* * * * * * *

(B) Such stipend shall not exceed $95 per month in fiscal year 1994, but shall be set at a minimum of $100 per month, and a

maximum of $125 per month assuming the availability of funds to

accomplish such maximum, during the service of the volunteer

after October 1, 1994. øThe Director may provide a stipend of a maximum of $200 per month in the case of persons who have

served as volunteers under this part for at least 1 year and who,

in accordance with standards established in such regulations as the

Director shall prescribe, have been designated volunteer leaders on

the basis of experience and special skills and a demonstrated leadership among volunteers.¿

(C) The Director may provide a stipend of a maximum of $200 per

month to persons designated by the Director to serve as volunteer

leaders under this part. The Director shall designate the leaders, in

accordance with standards established in such regulations as the

Director shall prescribe, on the basis of experience and special skills

and demonstrated leadership among volunteers or participants.

ø(C)¿ (D) The Director shall not provide a stipend under this

subsection to an individual who elects to receive a national service

educational award under subtitle D of title I of the National and

Community Service Act of 1990.

* * * * * * *

TITLE II—øNATIONAL SENIOR VOLUNTEER CORPS¿

NATIONAL SENIOR SERVICE CORPS

STATEMENT OF PURPOSES

SEC. 200. øIt is the purpose of—

ø(1) this title to provide for National Senior Volunteer Corps,

comprised of the Retired and Senior Volunteer Program, the

33

foster grandparent program, and the senior companion program, that empower older individuals to contribute to their

communities through volunteer service, enhance the lives of

the volunteers and those whom they serve, and provide communities with valuable services;

ø(2) part A, the Retired and Senior Volunteer Program, to

utilize the vast talents of older individuals willing to share

their experiences, abilities, and skills in responding to a wide

variety of community needs;

ø(3) part B, the foster grandparents program, to afford lowincome older individuals an opportunity to provide supportive,

individualized services to children with exceptional or special

needs; and

ø(4) part C, the senior companion program, to afford low-income older individuals the opportunity to provide personal assistance and companionship to other older individuals through

volunteer service.¿ It is the purpose of this title to provide—

(1) opportunities for service by older individuals to meet

unmet national, State, and local needs, including needs in the

area of education, public safety, health and human services,

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, to utilize the

vast talents of older individuals, empower older individuals to

contribute to their communities through service, enhance the

lives of the older individuals and the persons served, and provide communities with valuable services;

(3) opportunities for people age 55 or older, through the Retired and Senior Volunteer Program, to share their experiences,

abilities, and skills to improve their communities and themselves;

(4) opportunities for low-income people age 55 or older,

through the Foster Grandparents Program, to provide supportive, individualized service that has a positive impact on the

lives of children with exceptional or special needs; and

(5) opportunities for low-income people age 55 or older,

through the Senior Companion Program, to provide critical

support services and companionship to adults who are at risk

of institutionalization and who are struggling to maintain a

dignified independent life.

* * * * * * *

PART A—RETIRED AND SENIOR VOLUNTEER PROGRAM

GRANTS AND CONTRACTS FOR VOLUNTEER SERVICE PROJECTS

SEC. 201. (a) * * *

* * * * * * *

(2) only individuals 55 years of age or older will be enrolledø,

and individuals 60 years of age or older will be given priority

for enrollment,¿ as volunteers to provide services under this

part (except for administrative purposes), and such services

will be performed in the community where such individuals reside or in nearby communities either (A) on publicly owned and

34

operated facilities or projects, or (B) on local projects sponsored

by private nonprofit organizations (other than political parties),

other than projects involving the construction, operation, or

maintenance of so much of any facility used or to be used for

sectarian instruction or as a place for religious worship;

* * * * * * *

PART B—FOSTER GRANDPARENT PROGRAM

GRANTS AND CONTRACTS FOR VOLUNTEER SERVICE PROJECTS

SEC. 221. (a) The Director is authorized to make grants to or contracts with public and nonprofit private agencies and organizations

to pay part or all of the cost of development and operation of

projects (including direct payments to individuals serving under

this part) designed for the purpose of providing opportunities for

low-income persons øaged sixty or over¿ (age 55 or older with individuals age 60 or older given priority for enrollment) to provide

supportive person-to-person services in health, education, welfare,

and related settings to children having exceptional needs. Such

services may include services by individuals serving as foster

grandparents to children who are individuals with disabilities, who

have chronic health conditions, who are receiving care in hospitals,

who are residing in homes for dependent and neglected children, or

who are receiving services provided by day care centers, schools,

early intervention programs under part H of the Individuals with

Disabilities Education Act (20 U.S.C. 1471 et seq.), Head Start

agencies under the Head Start Act, or any of a variety of other programs, establishments, and institutions providing services for children with special or exceptional needs. Individual foster grandparents may provide person-to-person services to one or more children, depending on the needs of the project and local site. The Director may approve assistance in excess of 90 øper centum¿ percent

of the costs of the development and operation of such projects only

if the Director determines, in accordance with regulations the Director shall prescribe establishing objective criteria, that such action is required in furtherance of the purpose of this section. Provision for such assistance shall be effective as of September 19, 1972.

In the case of any project with respect to which, prior to such date,

a grant or contract has been made under section 611(a) of the

Older Americans Act of 1965, as amended (42 U.S.C. 3044(b) or

with respect to any project under the Foster Grandparent program

in effect prior to September 17, 1969, contributions in cash or in

kind from the Bureau of Indian Affairs, Department of the Interior,

toward the cost of the project may be counted as part of the cost

thereof which is met from non-Federal sources.

* * * * * * *

(d) The Director, in accordance with regulations the Director

shall prescribe, may provide to low-income persons serving as volunteers under this part, such allowances, stipends, and other support as the Director determines are necessary to carry out the purpose of this part. øAny stipend or allowance provided under this

section shall not be less than $2.45 per hour on and after October

1, 1993, and shall be adjusted once prior to December 31, 1997¿

Any stipend or allowance provided under this section shall not be

35

less than $2.55 per hour on or after October 1, 1999, and shall be

adjusted once prior to September 30, 2005, to account for inflation,

as determined by the Director and rounded to the nearest five

cents, except that (1) such stipend or allowance shall not be increased as a result of an amendment made to this sentence unless

the funds appropriated for carrying out this part are sufficient to

maintain for the fiscal year in question a number of participants

to serve under this part at least equal to the number of such participants serving during the preceding fiscal year, and (2) in the

event that sufficient appropriations for any fiscal year are not

available to increase any such stipend or allowance provided to the

minimum hourly rate specified in this sentence, the Director shall

increase the stipend or allowance to such amount as appropriations

for such year permit consistent with clause (1) of this exception. In

establishing the amount of, and the effective date for, such adjustment, the Director, in consultation with the State Commissions on

National and Community Service (as established under section 178

of the National and Community Service Act of 1990) and the heads

of the State offices established under section 195 of such Act, shall

consider the effect such adjustment will have on the ability of nonfederally funded volunteer programs similar to the programs under

this title to maintain their current level of volunteer hours.

(e) For purposes of this part, the terms ‘‘low-income person’’ and

‘‘person of low income’’ mean—

(1) any person whose income is not more than ø125 per centum¿ 150 percent of the poverty line defined in section 673(2)

of the Community Services Block Grant Act (42 U.S.C. 9902(2))

and adjusted by the Director in the manner described in such

section; and

* * * * * * *

PART C—SENIOR COMPANION PROGRAM

GRANTS AND CONTRACTS FOR VOLUNTEER SERVICE PROJECTS

SEC. 213. (a) The Director is authorized to make grants to or contracts with public and nonprofit private agencies and organizations

to pay part or all of the cost of development and operation of

projects (including direct payments to individuals serving under

this part in the same manner as provided in section 211(a)) designed for the purpose of providing opportunities for low-income

persons øaged 60 or over¿ age 55 or older (with individuals age 60

or older given priority for enrollment) to serve as ‘‘senior companions’’ to persons with exceptional needs. Senior companions may

provide services designed to help older persons requiring long-term

care, including services to persons receiving home health care,

nursing care, home-delivered meals or other nutritional services;

services designed to help persons deinstitutionalized from mental

hospitals, nursing homes, and other institutions; and services designed to assist persons having developmental disabilities and

other special needs for companionship.

36

PART D—GENERAL PROVISIONS

PROMOTION OF øNATIONAL SENIOR VOLUNTEER CORPS¿ NATIONAL

SENIOR SERVICE CORPS

SEC. 221. (a)(1) * * *

* * * * * * *

ø(3) From funds appropriated under section 502, the Director

shall expend not less than $375,000 in each fiscal year to carry out

paragraph (2).¿

(3) From funds appropriated under section 502, the Director shall

expend not less then $375,000 and not more than $500,000 for each

fiscal year to carry out paragraph (2).

* * * * * * *

MINORITY GROUP PARTICIPATION

SEC. 223. The Director shall take appropriate steps to insure that

special efforts are made to recruit, select, and assign qualified individuals øsixty years and older¿ from minority groups to serve as

volunteers under this title.

* * * * * * *

USE OF LOCALLY GENERATED CONTRIBUTIONS IN øNATIONAL SENIOR

VOLUNTEER CORPS¿ NATIONAL SENIOR SERVICE CORPS

SEC. 224. Whenever locally generated contributions made to øNational Senior Volunteer Corps¿ National Senior Service Corps

projects under this title are in excess of the amount required by the

Director, the Director may not restrict the manner in which contributions are expended if expenditures from locally generated contributions are not inconsistent with the provisions of this Act.

* * * * * * *

PROGRAMS OF NATIONAL SIGNIFICANCE

SEC. 225. (a)(1) * * *

* * * * * * *

(d)(1) * * *

(3) The Director may not make grants under subsection (a) for a

fiscal year to support a program authorized in part A, B, or C, unless the amount appropriated under subsection (a), (b), or (c) of section 502, respectively, exceeds the amount appropriated under that

subsection for each of the 2 preceding fiscal years.

* * * * * * *

ADJUSTMENTS TO FEDERAL FINANCIAL ASSISTANCE

SEC. 226. (a)(1)(A) * * *

* * * * * * *

ø(b) The Director shall submit, once every 2 years, to the Committee on Education and Labor of the House of Representatives

and the Committee on Labor and Human Resources of the Senate,

a report on the extent to which adjustments are made under subsection (a).¿

37

(b) The Director shall prepare and submit, once every 2 years, to

the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and

Pensions of the Senate, a report on the extent to which adjustments

are made under subsection (a).

* * * * * * *

DEFINITIONS

SEC. 421. For the purposes of this Act—

(1) * * *

* * * * * * *

(13) the term ‘‘national senior volunteer’’ means a volunteer

in the øNational Senior Volunteer Corps¿ National Senior

Service Corps;

(14) the term ‘‘øNational Senior Volunteer Corps¿ National

Senior Service Corps’’ means the programs established under

parts A, B, C, and E of title II;

* * * * * * *

SEC. 425. PROTECTION AGAINST IMPROPER USE.

Whoever falsely—

(1) advertises or represents; or

(2) publishes or displays any sign, symbol, or advertisement,

reasonably calculated to convey the impression,

that an entity is affiliated with, funded by, or operating under the

authority of the Corporation, VISTA, or any of the programs of the

øNational Senior Volunteer Corps¿ National Senior Service Corps

may be enjoined under an action filed by the Attorney General, on

a complaint by the Director.

* * * * * * *

TITLE V—AUTHORIZATION OF APPROPRIATIONS

SEC. 501. NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS.

(a) AUTHORIZATIONS.—

(1) VOLUNTEERS IN SERVICE TO AMERICA.—There are authorized to be appropriated to carry out parts A and B of title I,

excluding section 109, ø$56,000,000 for fiscal year 1994, and

such sums as may be necessary for each of the fiscal years

1995 and 1996¿ such sums as may be necessary for each of fiscal years 2001 through 2005.

(2) LITERACY ACTIVITIES.—There are authorized to be appropriated to carry out section 109, ø$5,600,000 for fiscal year

1994, and such sums as may be necessary for each of the fiscal

years 1995 and 1996¿ such sums as may be necessary for each

of fiscal years 2001 through 2005.

(3) SPECIAL VOLUNTEER PROGRAMS.—There are authorized to

be appropriated to carry out part C of title I, excluding section

125, øsuch sums as may be necessary for each of the fiscal

years 1994 through 1996¿ such sums as may be necessary for

each of fiscal years 2001 through 2005.

(4) LITERACY CHALLENGE GRANTS.—There are authorized to

be appropriated to carry out section 125, øsuch sums as may

be necessary for each of the fiscal years 1994 through 1996¿

38

such sums as may be necessary for each of fiscal years 2001

through 2005.

* * * * * * *

SEC. 502. øNATIONAL SENIOR VOLUNTEER CORPS¿ NATIONAL SENIOR

SERVICE CORPS

(a) RETIRED AND SENIOR VOLUNTEER PROGRAM.—There are authorized to be appropriated to carry out part A of title II,

ø$45,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996¿ such sums as

may be necessary for each of fiscal years 2001 through 2005.

(b) FOSTER GRANDPARENT PROGRAM.—There are authorized to be

appropriated to carry out part B of title II, ø$85,000,000 for fiscal

year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996¿ such sums as may be necessary for each

of fiscal years 2001 through 2005.

(c) SENIOR COMPANION PROGRAM.—There are authorized to be

appropriated to carry out part C of title II, ø$40,000,000 for fiscal

year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996¿ such sums as may be necessary for each

of fiscal years 2001 through 2005.

(d) DEMONSTRATION PROGRAMS.—There are authorized to be appropriated to carry out part E of title II, øsuch sums as may be

necessary for each of the fiscal years 1994 through 1996¿ such

sums as may be necessary for each of fiscal years 2001 through

2005.

* * * * * * *

SEC. 504. ADMINISTRATION AND COORDINATION.

(a) IN GENERAL.—For each of øthe fiscal years 1994 through

1996¿ fiscal years 2001 through 2005, there are authorized to be

appropriated for the administration of this Act as provided for in

title IV, 18 percent of the total amount appropriated under sections

501 and 502 with respect to such years.

(b) EVALUATION.—For each of øthe fiscal years 1994 through

1996¿ fiscal years 2001 through 2005, the Director is authorized to

expend not less than 21⁄2 percent, and not more than 5 percent, of

the amount appropriated under subsection (a), for the purposes

prescribed in section 416.

* * * * * * *

Sec. 12501 note—U.S. Code—Title 42

* * * * * * *

SEC. 12501. FINDINGS AND PURPOSE.

(a) FINDINGS.—

* * * * * * *

HISTORICAL AND STATUTORY NOTES

* * * * * * *

SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.—Section

502 of Pub. L. 103–82 provided that:

39

‘‘(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.— ***

* * * * * * *

‘‘(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing financial assistance under this Act (including the amendments made by

this Act), the øSecretary of Education¿ Chief Executive Officer of

the Corporation for National and Community Service shall provide

to each recipient of the assistance a notice describing the statement

made in subsection (a) by the Congress.’’

* * * * * * *

Sec. 7474(d)(3)—U.S. Code—Title 20

* * * * * * *

SEC. 7474. BILINGUAL EDUCATION CAREER LADDER PROGRAM.

(a) PURPOSE.—The purpose of this section is—

(1) * * *

* * * * * * *

(d) SPECIAL CONSIDERATION.—The Secretary shall give special

consideration to applications under this section which provide for—

(1) * * *

* * * * * * *

(3) coordination with the Federal TRIO programs under

chapter 1 of part A of title IV of the Higher Education Act of

1965 [20 U.S.C.A. § 1070 et seq.], the National Mini Corps

under subpart 1 of part F of title V of such Act [20 U.S.C.A.

§ 1113], the Teacher Corps program under subpart 3 of part C

of title V of such Act [20 U.S.C.A. § 1106 et seq.], and the øNational Community and Service Trust Act of 1993 programs¿

programs carried out under the National and Community Service Act of 1990, and other programs for the recruitment and retention of bilingual students in secondary and postsecondary

programs to train to become bilingual educators; and

* * * * * * *

Æ