99–006

107TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 107–521

CITIZEN SERVICE ACT OF 2002

JUNE 20, 2002.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. BOEHNER, from the Committee on Education and the 

Workforce, submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 4854] 

[Including cost estimate of the Congressional Budget Office]

The Committee on Education and the Workforce, to whom was 

referred the bill (H.R. 4854) to reauthorize and reform the national 

service laws, having considered the same, report favorably thereon 

with an amendment and recommend that the bill as amended do 

pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Citizen Service Act of 2002’’. 

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

Sec. 1. Short title; table of contents. 

TITLE I—AMENDMENTS TO THE NATIONAL AND COMMUNITY SERVICE ACT OF 1990

Sec. 1001. References. 

Subtitle A—Amendments to Subtitle A (General Provisions) 

Sec. 1101. Purposes of Act. 

Sec. 1102. Definitions. 

Subtitle B—Amendments to Subtitle B (Service-Learning) 

Sec. 1201. School-based allotments. 

Sec. 1202. Higher education provisions. 

Sec. 1203. Community-based programs, training, and other initiatives.

Sec. 1204. Service-learning clearinghouse. 

Subtitle C—Amendments to Subtitle C (National Service Trust Program) 

Sec. 1301. Prohibition on grants to Federal agencies; limits on Corporation costs. 

Sec. 1302. E-Corps and technical amendments to types of programs. 

Sec. 1303. Types of positions. 

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Sec. 1304. Training and technical assistance. 

Sec. 1305. Assistance to State Commissions; Challenge grants. 

Sec. 1306. Allocation of assistance to States and other eligible entities. 

Sec. 1307. Additional authority. 

Sec. 1308. State selection of programs. 

Sec. 1309. Consideration of applications. 

Sec. 1310. Description of participants. 

Sec. 1311. Reference to Federal agency. 

Sec. 1312. Terms of service. 

Sec. 1313. Adjustments to living allowance. 

Subtitle D—Amendments to Subtitle D (National Service Trust and Provision of National Service Educational 

Awards) 

Sec. 1401. Availability of funds in the National Service Trust. 

Sec. 1402. Individuals eligible to receive a National Service Educational Award from the Trust. 

Sec. 1403. Determination of the amount of National Service Educational Awards. 

Sec. 1404. Disbursement of National Service Educational Awards. 

Sec. 1405. Additional uses of National Service Trust amounts. 

Subtitle E—Amendments to Subtitle E (National Civilian Community Corps) 

Sec. 1501. Purpose. 

Sec. 1502. Program components. 

Sec. 1503. Eligible participants. 

Sec. 1504. Summer national service program. 

Sec. 1505. Team leaders. 

Sec. 1506. Consultation with State Commissions. 

Sec. 1507. Permanent cadre. 

Sec. 1508. Contract and grant authority. 

Sec. 1509. Other departments. 

Sec. 1510. Repeal of authority for advisory board and funding limitation. 

Sec. 1511. Definitions. 

Sec. 1512. Emergency response corps. 

Sec. 1513. Terminology. 

Subtitle F—Amendments to Subtitle F (Administrative Provisions) 

Sec. 1601. Family and medical leave. 

Sec. 1602. Additional prohibitions on use of funds. 

Sec. 1603. Notice, hearing, and grievance procedures. 

Sec. 1604. Resolution of displacement complaints. 

Sec. 1605. State commissions on national and community service. 

Sec. 1606. Evaluation and accountability. 

Sec. 1607. Technical amendment. 

Sec. 1608. Additional administrative provisions. 

Subtitle G—Amendments to Subtitle G (Corporation for National and Community Service) 

Sec. 1701. Terms of office. 

Sec. 1702. Board of Directors authorities and duties. 

Sec. 1703. Peer reviewers. 

Sec. 1704. Non-voting members; Personal services contracts. 

Sec. 1705. Donated services. 

Subtitle H—Amendments to Subtitle H 

Sec. 1801. Technical amendments to subtitle H. 

Sec. 1802. Repeal of special demonstration project. 

Subtitle I—Additional Authorities 

Sec. 1901. Senior service scholarships. 

Sec. 1902. America’s Promise: The Alliance for Youth. 

Subtitle J—Title III (Points of Light Foundation) 

Sec. 1911. Purpose. 

Sec. 1912. Board of Directors. 

Sec. 1913. Grants to the Foundation. 

Subtitle K—Amendments to Title V (Authorization of Appropriations) 

Sec. 1921. Authorization of appropriations. 

TITLE II—AMENDMENTS TO THE DOMESTIC VOLUNTEER SERVICE ACT OF 1973

Sec. 2001. References. 

Subtitle A—Amendments to Title I (National Volunteer Antipoverty Programs) 

Sec. 2101. Purpose. 

Sec. 2102. Purpose of the VISTA program. 

Sec. 2103. Applications. 

Sec. 2104. Terms and periods of service. 

Sec. 2105. Sections repealed. 

Sec. 2106. University Year for VISTA program. 

Sec. 2107. Conforming amendment. 

Subtitle B—Amendments to Title II (National Senior Volunteer Corps) 

Sec. 2201. Change in name. 

Sec. 2202. Purpose. 

Sec. 2203. Grants and contracts for volunteer service projects. 

Sec. 2204. Foster Grandparent Program grants. 

Sec. 2205. Senior Companion Program grants. 

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Sec. 2206. Technical amendments. 

Sec. 2207. Programs of national significance. 

Sec. 2208. Additional provisions. 

Subtitle C—Amendments to Title IV (Administration and Coordination) 

Sec. 2301. Nondisplacement. 

Sec. 2302. Definitions. 

Sec. 2303. Protection against improper use. 

Sec. 2304. Income verification. 

Sec. 2305. Sections repealed. 

Subtitle D—Amendments to Title V (Authorization of Appropriations) 

Sec. 2401. Authorization of appropriations for VISTA and other purposes. 

Sec. 2402. Authorization of appropriations for National Senior Service Corps. 

Sec. 2403. Administration and coordination. 

TITLE III—AMENDMENTS TO OTHER LAWS 

Sec. 3101. Technical Amendment to Inspector General Act. 

TITLE IV—TECHNICAL AMENDMENTS TO TABLES OF CONTENTS 

Sec. 4101. Amendments to the National and Community Service Act of 1990 table of contents. 

Sec. 4102. Amendments to the Domestic Volunteer Service Act of 1973 table of contents. 

TITLE V—EFFECTIVE DATE AND SENSE OF CONGRESS 

Sec. 5101. Effective date. 

Sec. 5102. Service assignments and agreements. 

Sec. 5103. Sense of Congress. 

Sec. 5104. Recruitment and application materials in languages other than English.

TITLE I—AMENDMENTS TO NATIONAL AND 

COMMUNITY SERVICE ACT OF 1990

SEC. 1001. REFERENCES. 

Except as otherwise specifically provided, whenever in this title an amendment 

or repeal is expressed in terms of an amendment to, or repeal of, a provision, the 

reference shall be considered to be made to a provision of the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.). 

Subtitle A—Amendments to Subtitle A (General 

Provisions) 

SEC. 1101. PURPOSES OF ACT. 

Section 2(b) (42 U.S.C. 12501(b)) is amended—

(1) in paragraph (7), by striking ‘‘citizens; and’’ and inserting ‘‘citizens;’’; 

(2) in paragraph (8), by striking the period and inserting a semicolon; and 

(3) by adding at the end the following: 

‘‘(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, in order to renew the ethic of civic responsibility and the spirit 

of community throughout the United States; 

‘‘(10) support efforts to make the nonprofit sector more effective in meeting 

the unmet human, educational, environmental, and public safety needs of the 

United States; and 

‘‘(11) assist in coordinating and strengthening Federal and other citizen service opportunities, including opportunities for participation in homeland security 

preparedness and response, including training for limited duration national 

service as law enforcement officers, firefighters and rescue personnel, search 

and rescue personnel, emergency medical service workers, and disaster services 

workers, other areas of public and social service, and international service.’’. 

SEC. 1102. DEFINITIONS. 

Section 101 (42 U.S.C. 12511) is amended—

(1) in paragraph (5), by striking ‘‘church or other’’; 

(2) in paragraph (13), by striking ‘‘section 101(a) of the Higher Education Act 

of 1965’’ and inserting ‘‘sections 101(a) and 102(a)(1) of the Higher Education 

Act of 1965’’; 

(3) in paragraph (17)(B), by striking ‘‘program in which the participant is enrolled’’ and inserting ‘‘organization receiving assistance under the national service laws through which the participant is enrolled in an approved national service position’’; and 

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(4) in paragraph (21)(B)—

(A) by striking ‘‘section 602(a)(1)’’ and inserting ‘‘section 602(3)’’; and 

(B) by striking ‘‘20 U.S.C. 1401(a)(1)’’ and inserting ‘‘20 U.S.C. 1401(3)’’. 

Subtitle B—Amendments to Subtitle B (ServiceLearning) 

SEC. 1201. SCHOOL-BASED ALLOTMENTS. 

Part I of subtitle B of title I (42 U.S.C. 12521 et seq.) is amended to read as follows: 

‘‘PART I—PROGRAMS FOR ELEMENTARY AND 

SECONDARY STUDENTS 

‘‘SEC. 111. ASSISTANCE TO STATES AND INDIAN TRIBES. 

‘‘(a) ALLOTMENTS TO STATES, TERRITORIES, AND INDIAN TRIBES.—The Corporation, 

in consultation with the Secretary of Education, may make allotments to State educational agencies, United States territories, and Indian tribes to pay for the Federal 

share of—

‘‘(1) planning and building the capacity within the State to implement servicelearning programs that are based principally in elementary and secondary 

schools, including—

‘‘(A) providing training for teachers, supervisors, personnel from community-based agencies (particularly with regard to the utilization of participants), and trainers, to be conducted by qualified individuals or organizations that have experience with service-learning; 

‘‘(B) developing service-learning curricula, consistent with State or local 

student academic achievement standards, to be integrated into academic 

programs, including an age-appropriate learning component that provides 

participants an opportunity to analyze and apply their service experiences; 

‘‘(C) forming local partnerships described in paragraph (2) or (4) to develop school-based service-learning programs in accordance with this part; 

‘‘(D) devising appropriate methods for research and evaluation of the educational value of service-learning and the effect of service-learning activities 

on communities; and 

‘‘(E) establishing effective outreach and dissemination of information to 

ensure the broadest possible involvement of community-based agencies with 

demonstrated effectiveness in working with school-age youth in their communities; 

‘‘(2) implementing, operating, or expanding school-based service-learning programs, which may include paying for the cost of the recruitment, training, supervision, placement, salaries, and benefits of service-learning coordinators, 

through distribution of Federal funds by State educational agencies made available under this part to projects operated by local partnerships among—

‘‘(A) local educational agencies; and 

‘‘(B) 1 or more community partners that—

‘‘(i) shall include a public or private nonprofit organization that—

‘‘(I) has a demonstrated expertise in the provision of services to 

meet unmet human, education, environmental, or public safety 

needs; and 

‘‘(II) will make projects available for participants, who shall be 

students; and 

‘‘(ii) may include a private for-profit business or private elementary 

or secondary school; 

‘‘(3) planning of school-based service-learning programs, through distribution 

by State educational agencies of Federal funds made available under this part 

to local educational agencies, which planning may include paying for the cost 

of—

‘‘(A) the salaries and benefits of service-learning coordinators; or 

‘‘(B) the recruitment, training, supervision, and placement of servicelearning coordinators who may be participants in a program under subtitle 

C or receive a national service educational award under subtitle D, 

who will identify the community partners described in paragraph (2)(B) and assist in the design and implementation of a program described in paragraph (2); 

or 

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‘‘(4) implementing, operating, or expanding school-based service-learning programs to utilize service-learning to improve the education of students, through 

distribution by State educational agencies of Federal funds made available 

under this part to— ‘‘(A) local educational agencies; 

‘‘(B) public or private nonprofit organizations; 

‘‘(C) other educational agencies; or 

‘‘(D) partnerships or combinations of local educational agencies and entities described in subparagraphs (B) and (C). ‘‘(b) DUTIES OF SERVICE-LEARNING COORDINATOR.—A service-learning coordinator 

referred to in paragraph (2) or (3) of subsection (a) shall provide services that may 

include—

‘‘(1) providing technical assistance and information to, and facilitating the 

training of, teachers who want to use service-learning in their classrooms; ‘‘(2) assisting local partnerships described in subsection (a) in the planning, 

development, and execution of service-learning projects; and ‘‘(3) carrying out such other duties as the recipient of assistance under this 

part may determine to be appropriate. ‘‘(c) RELATED EXPENSES.—An entity that receives financial assistance under this 

part may, in carrying out the activities described in subsection (a), use such assistance to pay for the Federal share of reasonable costs related to the supervision of 

participants, program administration, transportation, insurance, and evaluations 

and for other reasonable expenses related to the activities. 

‘‘SEC. 112. ALLOTMENTS. 

‘‘(a) INDIAN TRIBES AND TERRITORIES.—Of the amounts appropriated to carry out 

this part for any fiscal year, the Corporation shall reserve an amount of not more 

than 3 percent for payments to Indian tribes, the United States Virgin Islands, 

Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, 

to be allotted in accordance with their respective needs. ‘‘(b) ALLOTMENTS THROUGH STATES.—After reserving amounts under subsection 

(a), the Corporation shall use the remainder of the funds appropriated to carry out 

this part for any fiscal year as follows: ‘‘(1) ALLOTMENTS.— ‘‘(A) SCHOOL-AGE YOUTH.—From 50 percent of such remainder, the Corporation shall allot to each State an amount that bears the same ratio to 

50 percent of such remainder as the number of school-age youth in the 

State bears to the total number of school-age youth of all States. ‘‘(B) ALLOCATION UNDER ELEMENTARY AND SECONDARY EDUCATION ACT OF

1965.—From 50 percent of such remainder, the Corporation shall allot to 

each State an amount that bears the same ratio to 50 percent of such remainder as the allocation to the State for the previous fiscal year under 

title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

2711 et seq.) or its successor authority bears to such allocations to all 

States. 

‘‘(2) DEFINITION.—Notwithstanding section 101(26), for purposes of this subsection, the term ‘State’ means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. 

‘‘(c) REALLOTMENT.—If the Corporation determines that the allotment of a State 

or Indian tribe under this section will not be required for a fiscal year because the 

State or Indian tribe does not submit an application for the allotment under section 

113 that meets the requirements of such section and such other requirements as the 

Chief Executive Officer may determine to be appropriate, the Corporation shall 

make any remainder of such allotment available for reallotment to such other States 

and Indian tribes, with approved applications submitted under section 113, as the 

Corporation may determine to be appropriate. 

‘‘SEC. 113. APPLICATIONS. 

‘‘An application for an allotment under this part shall include—

‘‘(1) a proposal for a 3-year plan promoting service-learning, which shall contain such information as the Chief Executive Officer may reasonably require, 

including how the applicant will integrate service opportunities into the academic program of the participants; 

‘‘(2) information, when applicable, about the applicant’s efforts to—

‘‘(A) include any opportunities for students enrolled in schools or other 

programs of education providing elementary or secondary education under

State law to participate in service-learning programs and ensure that such 

service-learning programs include opportunities for such students to serve 

together; 

‘‘(B) involve participants in the design and operation of the program; 

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‘‘(C) promote service-learning in areas of greatest need, including low-income areas; ‘‘(D) ensure that students of different ages, races, sexes, ethnic groups, 

disabilities, and economic backgrounds have opportunities to serve together; 

and ‘‘(E) otherwise integrate service opportunities into the academic program 

of the participants; and ‘‘(3) assurances that the applicant will comply with the nonduplication and 

nondisplacement requirements of section 177 and the grievance procedures required by section 176. 

‘‘SEC. 114. CONSIDERATION OF APPLICATIONS. 

‘‘In considering applications under this part, the Corporation shall use criteria 

that include those approved by the Board of Directors. 

‘‘SEC. 115. FEDERAL, STATE, AND LOCAL CONTRIBUTIONS. 

‘‘(a) FEDERAL SHARE.— ‘‘(1) IN GENERAL.—The Federal share of the cost of carrying out a program 

for which a grant is made under this part may not exceed 50 percent of the 

total cost of the program. ‘‘(2) NON-FEDERAL CONTRIBUTION.—In providing for the remaining share of 

the cost of carrying out such a program, each recipient of a grant under this 

part—‘‘(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 or local sources. ‘‘(b) WAIVER.—The Chief Executive Officer may waive the requirements of subsection (a) in whole or in part with respect to any such 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.

‘‘SEC. 116. LIMITATIONS ON USES OF FUNDS. 

‘‘Not more than 5 percent of the amount of assistance received by an applicant 

in a fiscal year may be used to pay for administrative costs, in accordance with such 

standards as the Corporation may issue.’’. 

SEC. 1202. HIGHER EDUCATION PROVISIONS. 

Section 119 (42 U.S.C. 12561) is amended by striking subsections (c) through (g) 

and inserting the following: ‘‘(c) SPECIAL CONSIDERATION.—To the extent practicable, the Corporation shall 

give special consideration to applications submitted by Historically Black Colleges 

and Universities, Hispanic-serving institutions, and Tribal Colleges and Universities. ‘‘(d) FEDERAL, STATE, AND LOCAL CONTRIBUTIONS.— ‘‘(1) FEDERAL SHARE.— ‘‘(A) IN GENERAL.—The Federal share of the cost of carrying out a program for which a grant is made under this part may not exceed 50 percent 

of the total cost of the program. ‘‘(B) NON-FEDERAL CONTRIBUTION.—In providing for the remaining share 

of the cost of carrying out such a program, each recipient of a grant under 

this part—‘‘(i) shall provide for such share through a payment in cash or in 

kind, fairly evaluated, including facilities, equipment, or services; and ‘‘(ii) may provide for such share through State sources or local sources. ‘‘(2) WAIVER.—The Chief Executive Officer may waive the requirements of 

subsection (a) in whole or in part with respect to any such 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) APPLICATION FOR GRANT.— ‘‘(1) SUBMISSION.—To receive a grant or enter into a contract under this part, 

an applicant shall prepare, submit to the Corporation, and obtain approval of, 

an application at such time, in such manner, and containing such information 

and assurances as the Corporation may reasonably require. In requesting applications for assistance under this part, the Corporation shall specify such required information and assurances. 

‘‘(2) CONTENTS.—An application submitted under paragraph (1) shall contain, 

at a minimum—

‘‘(A) assurances that—

‘‘(i) prior to the placement of a participant, the applicant will consult 

with the appropriate local labor organization, if any, representing emVerDate May 23 2002 05:55 Jun 30, 2002 Jkt 099006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6621 E:\HR\OC\HR521.XXX pfrm17 PsN: HR521
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ployees in the area who are engaged in the same or similar work as 

that proposed to be carried out by such program, to prevent the displacement and protect the rights of such employees; and 

‘‘(ii) the applicant will comply with the nonduplication and nondisplacement provisions of section 177 and the grievance procedures required by section 176; and 

‘‘(B) such other assurances as the Chief Executive Officer may reasonably 

require. 

‘‘(f) PRIORITY.—In making grants and entering into contracts under subsection (b), 

the Corporation shall give priority to applicants that submit applications containing 

proposals that—

‘‘(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; 

‘‘(2) specify the manner in which the institution will promote faculty, administration, and staff participation in the community service projects; 

‘‘(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; 

‘‘(4) describe any partnership that will participate in the community service 

projects, such as a partnership comprised of—

‘‘(A) the institution; 

‘‘(B)(i) a community-based agency; 

‘‘(ii) a local government agency; or 

‘‘(iii) a non-profit entity that serves or involves school-age youth or older 

adults; and 

‘‘(C) a student organization; 

‘‘(5) demonstrate community involvement in the development of the proposal; 

‘‘(6) describe research designed to identify best practices and other methods 

to improve service-learning; 

‘‘(7) specify that the institution will use such assistance to strengthen the 

service infrastructure in institutions of higher education; or 

‘‘(8) with respect to projects involving delivery of services, specify projects that 

involve leadership development of school aged youth. 

‘‘(g) DEFINITION.—Notwithstanding section 101(29), as used in this part, the term 

‘student’ means an individual who is enrolled in an institution of higher education 

on a full- or part-time basis. 

‘‘(h) FEDERAL WORK-STUDY.—To be eligible for assistance under this part, an institution of higher education must demonstrate that it meets the minimum requirements under section 443(b)(2)(B) of the Higher Education Act of 1965 (42 U.S.C. 

2753(b)(2)(B)) relating to the participation of Federal Work-Study students in community service activities, or has received a waiver of those requirements from the 

Secretary of Education.’’. 

SEC. 1203. COMMUNITY-BASED PROGRAMS, TRAINING, AND OTHER INITIATIVES. 

Subtitle B of title I (42 U.S.C. 12521 et seq.) is amended by adding after part II 

the following new part: 

‘‘PART III—COMMUNITY-BASED PROGRAMS, TRAINING, 

AND OTHER INITIATIVES 

‘‘SEC. 120. COMMUNITY-BASED PROGRAMS, TRAINING, AND OTHER INITIATIVES. 

‘‘(a) METHODS OF SUPPORTING ACTIVITIES.—From the funds appropriated to carry 

out this part for a fiscal year, the Corporation may make grants to, or enter into 

contracts or cooperative agreements with, eligible entities. 

‘‘(b) ELIGIBLE ENTITIES.—Eligible entities under this part are public or private 

nonprofit organizations, State education agencies, State commissions on national 

and community service, institutions of higher education, and consortia of such entities.

‘‘(c) AUTHORIZED ACTIVITIES.—Funds appropriated to carry out this part may be 

used to—

‘‘(1) conduct community-based programs that provide for meaningful human, 

educational, environmental, or public safety service by school-age participants; 

‘‘(2) provide training or technical assistance to support service-learning; 

‘‘(3) involve students in emergency preparedness and homeland security activities; 

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‘‘(4) promote the recognition of students who perform outstanding community 

service and schools that have implemented outstanding service-learning programs; and 

‘‘(5) carry out demonstration programs, research, and evaluation related to 

service-learning. 

‘‘(d) LIMITATION ON FEDERAL SHARE OF COMMUNITY-BASED PROGRAM COSTS.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (4), the Federal share of 

the cost of carrying out a program for which a grant is made under this part 

may not exceed 50 percent of the total cost of the program. 

‘‘(2) NON-FEDERAL CONTRIBUTION.—In providing for the remaining share of 

the cost of carrying out such a program, each recipient of assistance under this 

part—

‘‘(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 or local sources. 

‘‘(3) WAIVER.—The Chief Executive Officer may waive the requirements of 

paragraph (1) in whole or in part with respect to any such 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. 

‘‘(4) EXEMPTION.—The requirements in paragraph (1) shall not apply to entities that receive a grant or enter into a cooperative agreement or contract to 

provide training or technical assistance, recognition, demonstration, research, or 

evaluation under this part.’’. 

SEC. 1204. SERVICE–LEARNING CLEARINGHOUSE. 

Subtitle B of title I (42 U.S.C. 12521 et seq.) is amended—

(1) in part I, by striking subpart C; and 

(2) by adding after part III (as added by section 1203) the following new part: 

‘‘PART IV—CLEARINGHOUSE 

‘‘SEC. 120A. SERVICE–LEARNING CLEARINGHOUSE. 

‘‘(a) IN GENERAL.—The Corporation shall provide financial assistance, from funds 

appropriated to carry out subtitle H, to organizations described in subsection (b) to 

establish a clearinghouse, which shall carry out activities, either directly or by arrangement with another such organization, with respect to information about service-learning. 

‘‘(b) PUBLIC OR PRIVATE NONPROFIT ORGANIZATIONS.—Public or private nonprofit 

organizations that have extensive experience with service-learning, including use of 

adult volunteers to foster service-learning, shall be eligible to receive assistance 

under subsection (a). 

‘‘(c) FUNCTION OF CLEARINGHOUSE.—An organization that receives assistance 

under subsection (a) may—

‘‘(1) assist entities carrying out State or local service-learning programs with 

needs assessments and planning; 

‘‘(2) conduct research and evaluations concerning service-learning; 

‘‘(3)(A) provide leadership development and training to State and local service-learning program administrators, supervisors, service sponsors, and participants; and 

‘‘(B) provide training to persons who can provide the leadership development 

and training described in subparagraph (A); 

‘‘(4) facilitate communication among entities carrying out service-learning programs and participants in such programs; 

‘‘(5) provide information, curriculum materials, and technical assistance relating to planning and operation of service-learning programs, to States and local 

entities eligible to receive financial assistance under this title; 

‘‘(6) provide information regarding methods to make service-learning programs accessible to individuals with disabilities; 

‘‘(7)(A) gather and disseminate information on successful service-learning programs, components of such successful programs, innovative youth skills curricula related to service-learning, and service-learning projects; and 

‘‘(B) coordinate the activities of the Clearinghouse with appropriate entities 

to avoid duplication of effort; 

‘‘(8) make recommendations to State and local entities on quality controls to 

improve the quality of service-learning programs; 

‘‘(9) assist organizations in recruiting, screening, and placing service-learning 

coordinators; and 

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‘‘(10) carry out such other activities as the Chief Executive Officer determines 

to be appropriate.’’. 

Subtitle C—Amendments to Subtitle C (National 

Service Trust Program) 

SEC. 1301. PROHIBITION ON GRANTS TO FEDERAL AGENCIES; LIMITS ON CORPORATION 

COSTS. 

Section 121 (42 U.S.C. 12571) is amended—

(1) in subsection (b)—

(A) in the heading, by inserting ‘‘RESTRICTIONS ON’’ before ‘‘AGREEMENTS

WITH FEDERAL AGENCIES’’; 

(B) in paragraph (1)—

(i) in the first sentence by striking ‘‘by the agency.’’ and inserting ‘‘by 

the agency, including programs under the Public Lands Corps and 

Urban Youth Corps as described in section 122(a)(2).’’; and 

(ii) by striking the second sentence; 

(C) by striking paragraph (2) and inserting the following: 

‘‘(2) PROHIBITION ON GRANTS.—The Corporation may not provide a grant 

under this section to a Federal agency.’’; and 

(D) in paragraph (3)—

(i) by striking ‘‘receiving assistance under this subsection’’ and inserting ‘‘operating a national service program’’; and 

(ii) by striking ‘‘using such assistance’’; 

(2) in subsection (c)—

(A) in the matter preceding paragraph (1), by striking ‘‘assistance under 

subsections (a) and (b)’’ and inserting ‘‘assistance under subsection (a), or 

in conjunction with approving member-based national service positions 

under section 129A’’; 

(B) in paragraph (1), by striking ‘‘carried out using such assistance’’ and 

inserting ‘‘carried out using such assistance or in national service positions 

approved under section 129A’’; and 

(C) in paragraph (2)(B), by striking ‘‘to be provided’’ and inserting ‘‘to be 

provided or otherwise approved’’; and 

(3) in subsection (d)—

(A) in paragraph (1), by striking ‘‘or (b)’’; and 

(B) in paragraph (2)(A), by striking ‘‘or (b)’’. 

SEC. 1302. E–CORPS AND TECHNICAL AMENDMENTS TO TYPES OF PROGRAMS. 

Section 122 (42 U.S.C. 12572) is amended—

(1) in subsection (a)—

(A) in the matter preceding paragraph (1), by striking ‘‘and each Federal 

agency receiving assistance under section 121(b)’’; 

(B) in paragraph (9), by striking ‘‘between the ages of 16 and 24’’ and inserting ‘‘between the ages of 16 and 25’’; 

(C) by redesignating paragraph (15) as paragraph (18); and 

(D) by inserting after paragraph (14) the following: 

‘‘(15) An E-Corps program that involves participants who provide service in 

a community by developing and assisting in carrying out technology programs. 

‘‘(16) A program that engages citizens in public safety, public health, and disaster relief and preparedness, and may include the recruitment and placing of 

qualified participants in positions to be trainees as law enforcement officers, 

firefighters and rescue personnel, search and rescue personnel, emergency medical service workers, and/or disaster services workers. 

‘‘(17) A program, initiative, or partnership that seeks to expand the number 

of young people with mentors, either through provision of direct mentoring services or through activities that build the capacity of mentoring organizations to 

serve more young people.’’; 

(2) in subsection (c)(1)(A), by striking ‘‘subsection (b) or (d) of’’; and 

(3) by adding at the end the following: 

‘‘(d) HIGH SCHOOL DEGREE REQUIRED FOR TUTORS.—The Corporation shall require 

that recipients of assistance under the national service laws to operate tutoring programs involving elementary or secondary school students shall certify that individuals serving in approved national service positions as tutors in such programs have 

obtained their high school diploma or its equivalent, or are enrolled in a program 

leading to their obtaining a high school diploma. 

‘‘(e) LITERACY PROGRAMS.—

10

‘‘(1) PROGRAMS.—Literacy programs that receive assistance under the national 

service laws shall be based on scientifically based reading research and provide 

instruction based on the essential components of reading instruction as defined 

in section 1208 of the ‘No Child Left behind Act of 2001’ (Public Law 107–110). 

‘‘(2) TRAINING REQUIRED FOR READING TUTORS.—The Corporation shall require 

that recipients of assistance under the national service laws to operate tutoring 

in reading programs shall, in providing training to participants serving in approved national service positions as tutors, incorporate the recommendations of 

the National Reading Panel and research from the National Institute of Child 

Health and Human Development under the auspices of the National Institutes 

of Health. 

‘‘(f) CITIZENSHIP TRAINING.—The Corporation shall establish requirements for recipients of assistance under the national service laws relating to the promotion of 

citizenship and civic engagement, that are consistent with the principles on which 

citizenship programs administered by the Immigration and Naturalization Service 

are based, among individuals enrolled in approved national service positions. 

‘‘(g) OATH.—Any oath given under the national service laws shall be consistent 

with the principles in the Federal oath of office as provided in section 3331 of title 

5, United States Code.’’. 

SEC. 1303. TYPES OF POSITIONS. 

Section 123 (42 U.S.C. 12573) is amended—

(1) in paragraph (1), by striking ‘‘subsection (a) or (b) of section 121’’ and inserting ‘‘section 121(a)’’; 

(2) in paragraph (2)(A), by striking ‘‘, or a Federal agency’’; and 

(3) in paragraph (5), by inserting ‘‘National’’ before ‘‘Civilian Community 

Corps’’. 

SEC. 1304. TRAINING AND TECHNICAL ASSISTANCE. 

Section 125 (42 U.S.C. 12575) is amended—

(1) in subsection (a)(1), by striking ‘‘national service programs assisted under 

section 121’’ and inserting ‘‘programs assisted under the national service laws’’; 

(2) in subsection (b), in the matter preceding paragraph (1), by striking ‘‘described in section 121’’ and inserting ‘‘assisted under the national service laws’’; 

(3) in subsection (b)(2), by striking ‘‘provided under such section’’ and inserting ‘‘provided under the national service laws’’; and 

(4) by adding at the end the following new subsection: 

‘‘(c) UNDERSERVED AREAS AND POPULATIONS.—In complying with the requirements 

of this section, the Corporation shall ensure that the training and technical assistance needs of programs which focus on and provide service opportunities for underserved rural and urban areas and populations are addressed.’’. 

SEC. 1305. ASSISTANCE TO STATE COMMISSIONS; CHALLENGE GRANTS. 

Section 126 (42 U.S.C. 12576) is amended—

(1) in subsection (a)—

(A) in paragraph (1), by striking ‘‘$125,000 and $750,000’’ and inserting 

‘‘$200,000 and $1,000,000’’; and 

(B) by striking paragraph (2) and inserting the following: 

‘‘(2) MATCHING REQUIREMENT.—In making grants to a State under this subsection, the Corporation shall require the State to provide matching funds in 

the following amounts: 

‘‘(A) FIRST $100,000.—For the first $100,000 of grant amounts provided by 

the Corporation, a State shall not be required to provide matching funds. 

‘‘(B) AMOUNTS GREATER THAN $100,000.—For grant amounts of more than 

$100,000 and not exceeding $200,000 provided by the Corporation, a State 

shall provide $1 from non-Federal sources for every $2 provided by the Corporation. 

‘‘(C) AMOUNTS GREATER THAN $200,000.—For grant amounts of more than 

$200,000 provided by the Corporation, a State shall provide $1 from nonFederal sources for every $1 provided by the Corporation.’’; and 

(2) in subsection (c)—

(A) in paragraph (1), by striking ‘‘to national service programs that receive assistance under section 121’’ and inserting ‘‘to programs supported 

under the national service laws that expand service and volunteering by increasing and strengthening the capacity of community-based organizations, 

including through the use of regional organizations that facilitate the involvement of small community groups, or by promoting high-quality teaching programs serving low-income students’’; and 

(B) by striking paragraph (3) and inserting the following: 

11

‘‘(3) AMOUNT OF ASSISTANCE.—A challenge grant under this subsection may 

provide, for an initial 3-year grant period, not more than $1 of assistance under 

this subsection for each $1 in cash raised from private sources by the program 

supported under the national service laws in excess of amounts required to be 

provided by the program to satisfy matching funds requirements. After an initial 3-year grant period, grants under this subsection may provide not more 

than $1 of assistance for each $2 in cash raised from private sources by the program in excess of amounts required to be provided by the program to satisfy 

matching funds requirements. The Corporation may permit the use of local or 

State funds as matching funds if the Corporation determines that such use 

would be equitable due to a lack of available private funds at the local level. 

The Corporation shall establish a ceiling on the amount of assistance that may 

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

SEC. 1306. ALLOCATION OF ASSISTANCE TO STATES AND OTHER ELIGIBLE ENTITIES. 

Section 129 (42 U.S.C. 12581) is amended to read as follows: 

‘‘SEC. 129. PROVISION OF ASSISTANCE AND APPROVED NATIONAL SERVICE POSITIONS. 

‘‘(a) 1-PERCENT ALLOTMENT FOR CERTAIN TERRITORIES.—Of the funds allocated by 

the Corporation for provision of assistance under section 121(a) for a fiscal year, the 

Corporation shall reserve 1 percent for grants to the United States Virgin Islands, 

Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands 

upon approval by the Corporation of an application submitted under section 130. 

The amount allotted as a grant to each such territory under this subsection for a 

fiscal year shall 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 bears to 

the total population of such territories. 

‘‘(b) 1-PERCENT ALLOTMENT FOR INDIAN TRIBES.—Of the funds allocated by the 

Corporation for provision of assistance under section 121(a) for a fiscal year, the 

Corporation shall reserve at least 1 percent for grants to Indian tribes, to be allotted 

by the Corporation on a competitive basis in accordance with their respective needs. 

‘‘(c) UP TO 20 PERCENT ALLOTMENT FOR NATIONAL GRANTS.—Of the funds allocated by the Corporation for provision of assistance under section 121(a) for a fiscal 

year, the Corporation shall reserve up to 20 percent for grants to nonprofit organizations to operate a program in 2 or more States. 

‘‘(d) AT LEAST 35 PERCENT ALLOTMENT FOR STATE COMPETITIVE GRANTS.—Of the 

funds allocated by the Corporation for provision of assistance under subsection (a) 

of section 121 for a fiscal year, the Corporation shall reserve at least 35 percent for 

innovative grants to States on a competitive basis. 

‘‘(e) 45 PERCENT TO CERTAIN STATES ON FORMULA BASIS.—

‘‘(1) GRANTS.—Of the funds allocated by the Corporation for provision of assistance under subsection (a) of section 121 for a fiscal year, the Corporation 

shall make a grant to each of the several States, the District of Columbia, and 

the Commonwealth of Puerto Rico that submits an application under section 

130 that is approved by the Corporation. 

‘‘(2) ALLOTMENTS.—The amount allotted as a grant to each such State under 

this subsection for a fiscal year shall be equal to the amount that bears the 

same ratio to 45 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, in compliance with 

paragraph (3). 

‘‘(3) MINIMUM AMOUNT.—Notwithstanding paragraph (2), the minimum grant 

made available to each State approved by the Corporation under paragraph (1) 

for each fiscal year must be at least $500,000. 

‘‘(f) ADJUSTMENTS.—

‘‘(1) RESERVATION OF FUNDS.—Notwithstanding subsections (c) through (e), except as provided in paragraph (3), the Corporation shall ensure that it reserves 

funds for competitive grants to States in an aggregate amount equal to the aggregate amount of competitive grant funds provided to all States with fiscal 

year 2002 funds. 

‘‘(2) REDUCTION FROM FORMULA GRANTS.—In order to meet the requirements 

of paragraph (1) during a fiscal year in which the percentage allotment for State 

competitive grants under subsection (d) is less than the aggregate amount of 

competitive grants funds provided to all States with fiscal year 2002 funds, the 

Corporation shall reduce the amount available for State formula grants under 

subsection (e). 

‘‘(3) PROPORTIONATE REDUCTIONS.—In any fiscal year in which the aggregate 

amount allocated under subsections (a) through (e) is less than the aggregate 

amount allocated for such purposes with fiscal year 2002 funds, the Corporation 

12

shall reduce the amounts allocated under each subsection in a manner that corresponds to the respective proportions of allocations of fiscal year 2002 funds. ‘‘(g) EFFECT OF FAILURE TO APPLY.—If a State or territory fails to apply for, or 

fails to give notice to the Corporation of its intent to apply for an allotment under 

this section, the Corporation may use the amount that would have been allotted 

under this section to the State or territory to— ‘‘(1) make grants (and provide approved national service positions in connection with such grants) to other eligible entities under section 121 that propose 

to carry out national service programs in the State or territory; and ‘‘(2) make a reallotment to other States and territories with approved applications submitted under section 130. ‘‘(h) APPLICATION REQUIRED.—The allotment of assistance and approved national 

service positions to a recipient under this section shall be made by the Corporation 

only pursuant to an application submitted by a State or other applicant under section 130. ‘‘(i) APPROVAL OF POSITIONS SUBJECT TO AVAILABLE FUNDS.—The Corporation 

may not approve positions as approved national service positions under this subtitle 

for a fiscal year in excess of the number of such positions for which the Corporation 

has sufficient available funds in the National Service Trust for that fiscal year, taking into consideration funding needs for national service educational awards under 

subtitle D based on completed service. If appropriations are insufficient to provide 

the maximum allowable national service educational awards under subtitle D for all 

eligible participants, the Corporation is authorized to make necessary and reasonable adjustments to program rules. ‘‘(j) SPONSORSHIP OF APPROVED NATIONAL SERVICE POSITIONS.— ‘‘(1) SPONSORSHIP AUTHORIZED.—The Corporation may enter into agreements 

with persons or entities who offer to sponsor national service positions for which 

the person or entity will be responsible for supplying the funds necessary to provide a national service educational award. The distribution of these approved 

national service positions shall be made pursuant to the agreement, and the 

creation of these positions shall not be taken into consideration in determining 

the number of approved national service positions to be available for distribution under this section. ‘‘(2) DEPOSIT OF CONTRIBUTION.—Funds provided pursuant to an agreement 

under paragraph (1) shall be deposited in the National Service Trust established in section 145 until such time as the funds are needed. ‘‘(k) RESERVATION OF FUNDS FOR SPECIAL ASSISTANCE.—From amounts appropriated for a fiscal year pursuant to the authorization of appropriations in section 

501(a)(2) and subject to the limitation in such section, the Corporation may reserve 

such amount as the Corporation considers to be appropriate for the purpose of making assistance available under sections 125 and 126. 

‘‘(l) RESERVATION OF FUNDS TO INCREASE THE PARTICIPATION OF INDIVIDUALS

WITH DISABILITIES.—From amounts appropriated for a fiscal year pursuant to the 

authorization of appropriations in section 501(a)(2) and subject to the limitation in 

such section, the Chief Executive Officer shall reserve an amount that is not less 

than 1 percent of such amount (except that the amount reserved may not exceed 

$10,000,000), in order to make grants to public or private nonprofit organizations 

to increase the participation of individuals with disabilities in national service and 

for demonstration activities in furtherance of this purpose.’’. 

SEC. 1307. ADDITIONAL AUTHORITY. 

Subtitle C of title I (42 U.S.C. 12571 et seq.) is amended by inserting after section 

129 the following new sections:

‘‘SEC. 129A. PILOT AUTHORITY FOR MEMBER-BASED NATIONAL SERVICE POSITIONS. 

‘‘(a) AUTHORITY.—The Corporation may, on a pilot basis, reserve up to 5 percent 

of the funds allocated by the Corporation for provision of assistance under subsection (a) of section 121 for a fiscal year to test new approaches to increasing and 

diversifying opportunities to serve in approved national service positions in communities throughout the United States, including allowing individuals to serve in such 

positions other than through program operational grants under this subtitle. 

‘‘(b) COMPETITIVE SELECTION OF ELIGIBLE ENTITIES.—The Corporation may, each 

fiscal year, after making selections on a competitive basis, provide funds authorized 

under subsection (a) to not more than 15 State commissions on national and community service and other entities eligible for assistance under subsection (a) of section 121. 

‘‘(c) REQUIREMENTS.—To receive a grant under this section, an eligible entity must 

demonstrate that it—

‘‘(1) satisfies qualification criteria established by the Corporation, including 

standards relating to organizational capacity, financial management, and proVerDate May 23 2002 05:55 Jun 30, 2002 Jkt 099006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6621 E:\HR\OC\HR521.XXX pfrm17 PsN: HR521
13

grammatic oversight, that are designed to ensure that Federal funds are managed in accordance with all applicable requirements, and that service activities 

subject to its oversight comply with all applicable restrictions; ‘‘(2) is meeting accountability requirements under section 186; 

‘‘(3) has mechanisms to ensure compliance with sections 132, 174, and 175; 

‘‘(4) will approve sites for placement of participants in a manner that achieves 

the purposes of this section; ‘‘(5) will oversee no more than 5 participants at each site; and 

‘‘(6) will comply with matching funds requirements set by the Corporation, 

unless the Corporation determines that the reasonable and necessary costs of 

carrying out the approved activity significantly exceed the amount of assistance 

provided by the Corporation. 

‘‘(d) DURATION.—An agreement to support activities under this section shall be for 

a period not to exceed 3 years. 

‘‘(e) ACCOUNTABILITY.—

‘‘(1) The Corporation shall consult with its Inspector General, State commissions on national and community service, and national and State accrediting 

agencies in developing methods of ensuring and improving accountability in the 

pilot initiatives under this section, including the areas of financial management 

and participant management. 

‘‘(2) If an eligible entity fails to comply with accountability measures applicable to this section, it shall be ineligible to receive a grant under this section for 

at least 5 years. 

‘‘(f) REPORTS TO CONGRESS.—The Corporation shall report to Congress, on an annual basis, on activities undertaken, and outcomes achieved, under this pilot authority. 

‘‘SEC. 129B. EDUCATION AWARDS PROGRAM. 

‘‘(a) IN GENERAL.—From amounts appropriated for a fiscal year to provide financial assistance under this subtitle and consistent with the restriction in subsection 

(b), the Corporation may provide operational assistance to programs that receive approved national service positions but do not receive funds under section 121(a). 

‘‘(b) LIMIT ON CORPORATION GRANT FUNDS.—Operational support under this section may not exceed $600 per individual enrolled in an approved national service 

position. 

‘‘(c) INAPPLICABLE PROVISIONS.—The following provisions shall not apply to programs funded under this section: 

‘‘(1) The limitation on administrative costs under section 121(d). 

‘‘(2) The matching funds requirements under sections 121(e) and 140. 

‘‘(3) The living allowance and other benefits under sections 131(e) and section 

140 (other than individualized support services for disabled members under section 140(f)). 

‘‘SEC. 129C. FIXED AMOUNT GRANTS. 

‘‘(a) GENERAL.—Subject to the limitations in this section, the Corporation may, 

upon making a determination described in subsection (b), approve a fixed amount 

grant that is not subject to the Office of Management and Budget cost principles 

and related financial recordkeeping requirements. 

‘‘(b) DETERMINATION.—Before approving a fixed amount grant, the Corporation 

must determine that—

‘‘(1) the reasonable and necessary costs of carrying out the terms of the grant 

significantly exceed the amount of assistance provided by the Corporation; or 

‘‘(2) based on the nature or design of the grant, any assistance provided by 

the Corporation can be reasonably presumed to be expended on reasonable and 

necessary costs. 

‘‘(c) FIXED AMOUNT GRANT ELECTION BY FORMULA RECIPIENTS.—A recipient of a 

grant under subsection (a) or (e) of section 129 may, after making the determination 

described in subsection (b), elect to make subgrants as fixed amount grants. 

‘‘(d) FIXED AMOUNT GRANT DESIGNATION FOR COMPETITIVE RECIPIENTS.—The 

Chief Executive Officer may, after making the determination described in subsection 

(b), make competitive grants under section 129 as fixed amount grants.’’. 

SEC. 1308. STATE SELECTION OF PROGRAMS. 

Section 130 (42 U.S.C. 12582) is amended—

(1) in subsection (a), by striking ‘‘to be carried out using the assistance’’ and 

all that follows through ‘‘or Federal agency’’ and inserting ‘‘, an applicant’’; 

(2) in subsection (c)(1), by striking ‘‘jobs or’’; 

(3) in subsection (e)—

(A) by striking paragraph (2); and 

(B) by redesignating paragraph (3) as paragraph (2); 

14

(4) in subsection (f)—

(A) in paragraph (1), by striking ‘‘a program applicant’’ and inserting ‘‘an 

applicant’’; 

(B) in paragraph (2)—

(i) in the heading, by striking ‘‘PROGRAM APPLICANT’’ and inserting 

‘‘APPLICANT’’; and 

(ii) by striking ‘‘program applicant’’ and inserting ‘‘applicant’’; and 

(C) by striking ‘‘institution of higher education, or Federal agency’’ and 

inserting ‘‘or institution of higher education’’ each place it appears; and 

(5) in subsection (g), by striking the period and inserting ‘‘or is already receiving financial assistance from the Corporation.’’. 

SEC. 1309. CONSIDERATION OF APPLICATIONS. 

Section 133 (42 U.S.C. 12585) is amended—

(1) in subsection (b)(2)(B), by striking ‘‘jobs or’’; 

(2) in subsection (c), by redesignating paragraph (8) as paragraph (9) and inserting after paragraph (7) the following: 

‘‘(8) If applicable, as determined by the Corporation, the extent to which the 

program generates the involvement of volunteers.’’; and 

(3) in subsection (d)—

(A) in paragraph (2)—

(i) by striking subparagraphs (A) and (G), and redesignating subparagraphs (B) through (F) as subparagraphs (A) through (E), respectively; 

(ii) in subparagraph (D) (as so redesignated), by adding ‘‘and’’ at the 

end; and 

(iii) in subparagraph (E) (as so redesignated), by striking ‘‘; and’’ and 

inserting a period; and 

(B) by striking paragraph (4). 

SEC. 1310. DESCRIPTION OF PARTICIPANTS. 

Section 137 (42 U.S.C. 12591) is amended—

(1) in subsection (a)—

(A) by striking paragraph (3); and 

(B) by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), 

and (5), respectively; 

(2) in subsection (b)—

(A) in paragraph (1), by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraph (3)’’; and 

(B) in paragraph (2), by striking ‘‘between the ages of 16 and 25’’ and inserting ‘‘a 16-year-old out of school youth or an individual between the ages 

of 17 and 25’’; and 

(3) by striking subsection (c) and inserting the following: 

‘‘(c) SELF-CERTIFICATION AND WAIVER.—The Corporation may—

‘‘(1) consider an individual as having satisfied the requirement of subsection 

(a)(4) if the individual informs the Corporation that such requirement has been 

satisfied; or

‘‘(2) waive the requirements of subsection (a)(4) with respect to an individual 

if the program in which the individual seeks to become a participant conducts 

an independent evaluation demonstrating that the individual is incapable of obtaining a high school diploma or its equivalent.’’. 

SEC. 1311. REFERENCE TO FEDERAL AGENCY. 

Section 138(a) is amended by striking ‘‘Federal agency,’’. 

SEC. 1312. TERMS OF SERVICE. 

Section 139 (42 U.S.C. 12593) is amended—

(1) in subsection (b)(1), by striking ‘‘not less than 9 months and’’; 

(2) in subsection (b)(2), by striking ‘‘during a period of—’’ and all that follows 

and inserting ‘‘during a period of not more than 2 years.’’; and 

(3) in subsection (c)—

(A) in paragraph (1)(A), by striking ‘‘as demonstrated by the participant’’

and inserting ‘‘as determined by the organization responsible for granting 

a release, if the participant has otherwise performed satisfactorily and has 

completed at least 15 percent of the original term of service’’; 

(B) in paragraph (2)(A), by striking ‘‘provide to the participant that portion of the national service educational award’’ and inserting ‘‘certify the 

participant’s eligibility for that portion of the national service educational 

award’’; and 

(C) in paragraph (2)(B), by striking ‘‘to allow return to the program with 

which the individual was serving in order’’. 

15

SEC. 1313. ADJUSTMENTS TO LIVING ALLOWANCE. 

Section 140 (42 U.S.C. 12594) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking ‘‘paragraph (3)’’ and inserting ‘‘paragraphs (3) and (4)’’; 

(B) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), 

and (7), respectively; 

(C) by inserting after paragraph (3) the following: ‘‘(4) ADJUSTMENT FOR FEDERAL WORK-STUDY STUDENTS.—The living allowance 

that may be provided to an individual whose term of service includes hours for 

which the individual receives Federal work study wages shall be reduced by the 

amount of the individual’s Federal work study award.’’; 

(D) in paragraph (5) (as redesignated by this section) by striking ‘‘a re- duced term of service under section 139(b)(3)’’ and inserting ‘‘a term of service that is less than 12 months’’; and 

(E) by inserting after paragraph (7) (as redesignated by this section) the 

following: ‘‘(8) OTHER FEDERAL FUNDS.— ‘‘(A) RECIPIENT REPORT.—A recipient of assistance under section 121 that 

is subject to the limitation on the Federal share of the annual living allowance in paragraph (2) shall report to the Corporation the amount and 

source of any Federal funds other than those provided by the Corporation 

used to pay the annual living allowance under paragraph (1). 

‘‘(B) CORPORATION REPORT.—The Corporation shall report to the Congress 

on an annual basis information regarding each recipient that uses Federal 

funds other than those provided by the Corporation to pay the annual living 

allowance under paragraphs (1) and (2), including amounts and sources of 

other Federal funds.’’; and 

(2) by striking subsection (h). 

Subtitle D—Amendments to Subtitle D (National 

Service Trust and Provision of National Service 

Educational Awards) 

SEC. 1401. AVAILABILITY OF FUNDS IN THE NATIONAL SERVICE TRUST. 

Section 145 (42 U.S.C. 12601) is amended—

(1) in subsection (a)(1)—

(A) in subparagraph (A), by striking ‘‘and’’; and 

(B) by adding at the end the following: 

‘‘(C) service-based scholarships for high school students; and 

‘‘(D) senior service scholarships under subtitle J.’’; 

(2) in subsection (a)(2), by striking ‘‘pursuant to section 196(a)(2)’’ and inserting ‘‘pursuant to section 196(a)(2), if the terms of such donations direct that 

they be deposited in the National Service Trust’’; 

(3) in subsection (c), by striking ‘‘for payments of national service educational 

awards in accordance with section 148.’’ and inserting ‘‘for—

‘‘(1) payments of national service educational awards in accordance with section 148; 

‘‘(2) payments of interest in accordance with section 148(e); 

‘‘(3) the Federal share of service-based scholarships to high school students 

in accordance with section 149; and 

‘‘(4) senior service scholarships in accordance with subtitle J.’’; and 

(4) in subsection (d)—

(A) in paragraph (3)(B), by striking ‘‘and’’; 

(B) in paragraph (4), by striking the period and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(5) identify the number of students who have received service-based scholarships and specify the amount of Federal and matching funds expended on an 

annual basis on service-based scholarships to high school students; and 

‘‘(6) identify the number of individuals who are currently performing service, 

or have performed service, under the senior service scholarship program pursuant to subtitle J.’’. 

SEC. 1402. INDIVIDUALS ELIGIBLE TO RECEIVE A NATIONAL SERVICE EDUCATIONAL AWARD 

FROM THE TRUST. 

Section 146 (42 U.S.C. 12602) is amended—

(1) in subsection (a)—

16

(A) in the matter preceding paragraph (1), by striking ‘‘if the individual’’

and inserting ‘‘if the organization responsible for an individual’s supervision 

certifies that the individual’’; 

(B) by striking paragraphs (1), (2), and (3) and inserting the following: 

‘‘(1) met the applicable eligibility requirements for the position; and 

‘‘(2)(A) successfully completed the required term of service described in subsection (b) in an approved national service position; or 

‘‘(B)(i) satisfactorily performed prior to being granted a release for compelling 

personal circumstances under section 139(c); and 

‘‘(ii) served at least 15 percent of the required term of service described in 

subsection (b); and’’; and 

(C) by redesignating paragraph (4) as paragraph (3); and 

(2) by striking subsection (c) and inserting the following: 

‘‘(c) LIMITATION ON RECEIPT OF EDUCATIONAL AWARDS.—An individual may receive no more than an amount equal to the aggregate value of 2 national service 

educational awards for full-time service.’’. 

SEC. 1403. DETERMINATION OF THE AMOUNT OF NATIONAL SERVICE EDUCATIONAL AWARDS. 

Section 147(a) (42 U.S.C. 12603(a)) is amended by striking ‘‘, for each of not more 

than 2 of such terms of service’’ and all that follows and inserting ‘‘of $5,250.’’. 

SEC. 1404. DISBURSEMENT OF NATIONAL SERVICE EDUCATIONAL AWARDS. 

Section 148 (42 U.S.C. 12604) is amended—

(1) in subsection (a)—

(A) in paragraph (2), by striking ‘‘cost of attendance’’ and inserting ‘‘cost 

of attendance or other educational expenses’’; 

(B) in paragraph (3), by striking ‘‘and’’; 

(C) by redesignating paragraph (4) as paragraph (5); and 

(D) by inserting after paragraph (3) the following: 

‘‘(4) to pay expenses incurred in enrolling in an educational institution or 

training establishment that meets the requirements of chapter 36 of title 38, 

United States Code (38 U.S.C. 3451 et seq.); and’’; 

(2) in subsection (b)(7)—

(A) in subparagraph (A), by striking ‘‘, other than a loan to a parent of 

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

(B) in subparagraph (B), by striking the period and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(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 educational expenses and made, insured, or guaranteed by—

‘‘(i) an eligible lender, as defined in section 435 of the Higher Education Act of 1965 (20 U.S.C. 1085);

‘‘(ii) the direct student loan program under part D of title IV of such 

Act; 

‘‘(iii) a State agency; or 

‘‘(iv) a lender otherwise determined by the Corporation to be eligible 

to receive disbursements from the National Service Trust.’’; 

(3) in subsection (e), by striking ‘‘subsection (b)(6)’’ and inserting ‘‘subsection 

(b)(7)’’; and 

(4) in subsection (f), by striking ‘‘Director’’ and inserting ‘‘Chief Executive Officer’’. 

SEC. 1405. ADDITIONAL USES OF NATIONAL SERVICE TRUST AMOUNTS. 

Subtitle D of title I (42 U.S.C. 12601 et seq.) is amended by adding at the end 

the following new sections: 

‘‘SEC. 149. USE BY PARTICIPANTS WITH DISABILITIES. 

‘‘Notwithstanding any other provision of this subtitle, the National Service Trust 

may disburse some or all of a national service educational award directly to an individual who provides a certification that—

‘‘(1) the individual is—

‘‘(A) entitled to disability insurance benefits under section 223 of the Social Security Act (42 U.S.C. 423); 

‘‘(B) entitled to monthly insurance benefits under section 202 of the Social 

Security Act (42 U.S.C. 202) based on such individual’s disability (as defined in section 223(d) of such Act); or 

‘‘(C) eligible for supplemental security income benefits under subchapter 

XVI of the Social Security Act (42 U.S.C. 1381 et seq.) on the basis of blindness (within the meaning of section 1614(a)(2) of such Act) or disability 

(within the meaning of section 1614(a)(3) of such Act); and 

17

‘‘(2) the individual will use the disbursed funds to pay for education, training, 

or work-related activities designed to make the individual self-supporting. 

‘‘SEC. 149A. SERVICE-BASED SCHOLARSHIPS TO HIGH SCHOOL STUDENTS. 

‘‘(a) PROGRAM AUTHORIZED.—The Corporation may use amounts in the National 

Service Trust to support a service-based scholarship program to recognize high 

school juniors and seniors who are engaged in outstanding community service and 

scholarship. 

‘‘(b) APPROVED USE OF SCHOLARSHIPS.—The Corporation may use amounts in the 

Trust to supplement locally funded scholarships to help cover an individual’s postsecondary education or job training costs. 

‘‘(c) CORPORATION SHARE.—The Corporation’s share of an individual’s scholarship 

under the program may not exceed $500. 

‘‘(d) LOCAL SHARE.—The local share of an individual’s scholarship under the program must be equal to or greater than the Corporation’s share.’’. 

Subtitle E—Amendments to Subtitle E (National 

Civilian Community Corps) 

SEC. 1501. PURPOSE. 

Section 151 (42 U.S.C. 12611) is amended to read as follows: 

‘‘SEC. 151. PURPOSE. 

‘‘It is the purpose of this subtitle to authorize the operation of, and support for, 

residential and other service programs that combine the best practices of civilian 

service with the best aspects of military service, including leadership and team 

building, to meet national and community needs. Such needs to be met under such 

programs include those related to natural and other disasters, which shall be addressed in coordination with the Federal Emergency Management Agency and other 

public and private organizations.’’. 

SEC. 1502. PROGRAM COMPONENTS. 

Section 152 (42 U.S.C. 12612) is amended—

(1) in the heading, by striking ‘‘demonstration’’; 

(2) in subsections (a) and (b), by striking ‘‘Demonstration’’; 

(3) in the heading of subsection (c), by striking ‘‘PROGRAMS’’ and inserting 

‘‘COMPONENTS’’; and 

(4) in subsection (c), by striking ‘‘program components are residential programs’’ and all that follows and inserting ‘‘programs referred to in subsection 

(b) may include a residential component.’’. 

SEC. 1503. ELIGIBLE PARTICIPANTS. 

Section 153 (42 U.S.C. 12613) is amended—

(1) in subsection (a), by striking ‘‘Demonstration’’; 

(2) in subsection (b), by striking ‘‘if the person’’ and all that follows and inserting ‘‘if the person will be at least 18 years of age by December 31 in the 

calendar year in which the individual enrolls in the program.’’; 

(3) in the heading of subsection (c), by striking ‘‘BACKROUNDS’’ and inserting 

‘‘BACKGROUNDS’’; and 

(4) by striking subsection (e). 

SEC. 1504. SUMMER NATIONAL SERVICE PROGRAM. 

Section 154 (42 U.S.C. 12614) is amended—

(1) in subsection (a), by striking ‘‘Demonstration’’; and 

(2) by adding at the end the following: 

‘‘(d) ALTERNATIVE BENEFIT.—The Director may provide a scholarship for post-secondary education not to exceed $1,000 and consistent with section 148(c) to participants under this section who do not meet the minimum age requirements for a national service educational award under section 146.’’. 

SEC. 1505. TEAM LEADERS. 

Section 155 (42 U.S.C. 12615) is amended—

(1) in subsection (a), by striking ‘‘Demonstration’’; and 

(2) in subsection (b), by adding at the end the following: 

‘‘(4) TEAM LEADERS.—The Director may select from Corps members individuals with prior supervisory or service experience to be team leaders within 

units in the National Civilian Community Corps to perform service that includes leading and supervising teams of Corps members. Team leaders shall—

‘‘(A) be selected without regard to the age limitation under section 153(b);

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‘‘(B) be members of the National Civilian Community Corps; and 

‘‘(C) be provided the rights and benefits applicable to Corps members, except that the limitation on the amount of living allowance shall not exceed 

10 percent more than the amount established under section 158(b).’’. 

SEC. 1506. CONSULTATION WITH STATE COMMISSIONS. 

Section 157 (42 U.S.C. 12617) is amended— (1) in subsection (b)(1)(B), by inserting ‘‘community-based organizations and’’ before ‘‘representatives of local communities’’; 

(2) in subsection (b)(2), by inserting ‘‘State commissions,’’ before ‘‘and persons 

involved in other youth service programs.’’; and 

(3) in subsection (c), by adding at the end the following: 

‘‘(3) DISASTER ASSISTANCE.—The Director shall place appropriate emphasis on 

projects in support of disaster relief efforts.’’. 

SEC. 1507. PERMANENT CADRE. 

Section 159 (42 U.S.C. 12619) is amended— (1) in subsection (a), by striking ‘‘Demonstration’’; 

(2) in subsection (c)(2)— (A) in subparagraph (A), by striking ‘‘The Director shall establish a permanent cadre of’’ and inserting ‘‘The Chief Executive Officer shall establish 

a permanent cadre that includes the Director and other appointed’’; 

(B) in subparagraph (B), by striking ‘‘The Director shall appoint the members’’ and inserting ‘‘The Chief Executive Officer shall consider the recommendations of the Director in appointing the other members’’; and 

(C) in subparagraph (C), by striking ‘‘the Director’’ and inserting ‘‘the 

Chief Executive Officer’’; and 

(3) in the first sentence of subsection (c)(3), by striking ‘‘the members’’ and 

inserting ‘‘other members’’. 

SEC. 1508. CONTRACT AND GRANT AUTHORITY. 

Section 161(a) (42 U.S.C. 12621(a)) is amended by striking ‘‘perform any program 

function under this subtitle’’ and inserting ‘‘carry out the National Civilian Community Corps program’’. 

SEC. 1509. OTHER DEPARTMENTS. 

Section 162(a)(2)(A) (42 U.S.C. 12622(a)(2)(A)) is amended by striking ‘‘to be recommended for appointment’’ and inserting ‘‘from which individuals may be selected 

for appointment by the Director’’.

SEC. 1510. REPEAL OF AUTHORITY FOR ADVISORY BOARD AND FUNDING LIMITATION. 

Sections 163 and 165 (42 U.S.C. 12623 and 12625) and the items relating to such 

sections in the table of contents contained in section 1(b) (42 U.S.C. 12501 note) are 

repealed. 

SEC. 1511. DEFINITIONS. 

Section 166 (42 U.S.C. 12626) is amended—

(1) by striking paragraph (9); 

(2) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9) 

respectively; 

(3) by inserting after paragraph (1) the following: 

‘‘(2) CAMPUS DIRECTOR.—The term ‘campus director’, with respect to a Corps 

campus, means the head of the campus under section 155(d).’’; and 

(4) in paragraphs (3), (5), and (8) (as redesignated by this section), by striking 

‘‘Demonstration’’. 

SEC. 1512. EMERGENCY RESPONSE CORPS. 

Subtitle E of title I (42 U.S.C. 12611 et seq.) is amended by adding at the end 

the following new section: 

‘‘SEC. 167. EMERGENCY RESPONSE CORPS. 

‘‘(a) AUTHORITY TO PROVIDE ASSISTANCE.—Subject to the availability of appropriations under this subtitle for this purpose, the Corporation may make grants, and 

provide an allotment of educational awards, to State and local public agencies and 

private nonprofit organizations, including institutions of higher education, for the 

purpose of supporting the development and operation of emergency response corps 

as part of the National Civilian Community Corps. 

‘‘(b) ELIGIBLE PROGRAMS.—A recipient of a grant under this section shall conduct 

an emergency response corps program, which may include a residential program, in 

which individuals at least 18 years of age receive training and are deployed to respond to natural and other disasters and otherwise support local communities in 

public safety, public health, and emergency preparedness. Such a program may inVerDate May 23 2002 05:55 Jun 30, 2002 Jkt 099006 PO 00000 Frm 00018 Fmt 6659 Sfmt 6621 E:\HR\OC\HR521.XXX pfrm17 PsN: HR521
19

clude national service opportunities for participants to be trainees as law enforcement officers, firefighters and rescue personnel, search and rescue personnel, emergency medical service workers, and disaster services workers. 

‘‘(c) USE OF FUNDS.—

‘‘(1) ALLOWABLE COSTS.—A recipient of a grant under this section may use the 

amounts of the grant to pay costs attributable to the development or operation 

of an emergency response corps including—

‘‘(A) for residential programs, a living allowance that does not exceed the 

amount that is provided to National Civilian Community Corps members 

under section 158(b); 

‘‘(B) other member benefits and services consistent with those authorized 

under subsections (c) and (d) of section 158; 

‘‘(C) recruitment; 

‘‘(D) training; 

‘‘(E) insurance; and 

‘‘(F) management. 

‘‘(2) ADMINISTRATIVE COSTS.—A recipient of a grant under this section may 

use up to 5 percent of the amount of the grant provided by the Corporation to 

pay for the recipient’s cost of administering the approved program. 

‘‘(d) NATIONAL SERVICE EDUCATIONAL AWARDS.—An individual who successfully 

completes a term of service in an emergency response corps may receive the national service educational award described in subtitle D if the individual—

‘‘(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.’’.

SEC. 1513. TERMINOLOGY. 

Subtitle E of title I (42 U.S.C. 12611 et seq.) is amended—

(1) by striking ‘‘Civilian Community Corps’’ each place it appears and inserting ‘‘National Civilian Community Corps’’; 

(2) by striking ‘‘CIVILIAN COMMUNITY CORPS’’ each place it appears 

and inserting ‘‘NATIONAL CIVILIAN COMMUNITY CORPS’’; 

(3) by striking ‘‘superintendent’’ each place it appears and inserting ‘‘director’’; 

(4) by striking ‘‘SUPERINTENDENT’’ each place it appears and inserting ‘‘DIRECTOR’’; 

(5) by striking ‘‘camp’’ each place it appears and inserting ‘‘campus’’; 

(6) by striking ‘‘CAMP’’ each place it appears and inserting ‘‘CAMPUS’’; 

(7) by striking ‘‘camps’’ each place it appears and inserting ‘‘campuses’’; and 

(8) by striking ‘‘CAMPS’’ each place it appears and inserting ‘‘CAMPUSES’’. 

Subtitle F—Amendments to Subtitle F 

(Administrative Provisions) 

SEC. 1601. FAMILY AND MEDICAL LEAVE. 

Section 171 (42 U.S.C. 12631) is amended—

(1) in subsection (a)(1), by striking ‘‘with respect to a project’’ and inserting 

‘‘with respect to a project authorized under the national service laws’’; 

(2) by redesignating subsections (b) and (c) as subsections (c) and (d); and 

(3) by inserting after subsection (a) the following: 

‘‘(b) SERVICE SPONSORS.—Participants in a project authorized under the national 

service laws shall not be considered employees for purposes of determining whether 

a service sponsor is an employer under subsection (a)(2).’’. 

SEC. 1602. ADDITIONAL PROHIBITIONS ON USE OF FUNDS. 

Section 174 (42 U.S.C. 12634) is amended by adding at the end the following: 

‘‘(d) REFERRALS FOR FEDERAL ASSISTANCE.—A program may not receive assistance 

under the national service laws for the sole purpose of referring individuals to Federal assistance programs or State assistance programs funded in part by the Federal 

government. 

‘‘(e) SEX EDUCATION PROGRAMS.—No assistance made available under the national 

service laws shall be used—

‘‘(1) to develop or distribute materials or operate programs or courses of instruction directed at youth that are designed to promote or encourage sexual 

activity; 

‘‘(2) to distribute or aid in the distribution by any organization of obscene materials to minors on school grounds; 

‘‘(3) to provide in schools—

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‘‘(A) sex education, unless such education is age appropriate and includes 

discussion of the health benefits of abstinence; and 

‘‘(B) HIV-prevention instruction, unless such instruction is age appropriate, includes discussion of the health benefits of abstinence, and includes 

discussion of the health risks of the human papillomavirus (HPV), consistent with the provisions of section 317P(c) of the Public Health Service 

Act (42 U.S.C. 247b-17(c)), or 

‘‘(4) to operate a program of contraceptive distribution in schools.’’. 

SEC. 1603. NOTICE, HEARING, AND GRIEVANCE PROCEDURES. 

Section 176 (42 U.S.C. 12636) is amended—

(1) by striking ‘‘this title’’ each place it appears and inserting ‘‘the national 

service laws’’; 

(2) in subsection (a)(2)(A), by striking ‘‘30 days’’ and inserting ‘‘1 or more periods of 30 days not to exceed 90 days in total’’; and 

(3) in subsection (f)—

(A) in paragraph (1), by striking ‘‘A State or local applicant’’ and inserting 

‘‘An entity’’; and 

(B) in paragraph (6)—

(i) in subparagraph (C), by striking ‘‘and’’; 

(ii) by redesignating subparagraph (D) as subparagraph (E); and 

(iii) by inserting after subparagraph (C) the following: 

‘‘(D) in a grievance filed by an individual applicant or participant—

‘‘(i) the applicant’s selection or the participant’s reinstatement, as the 

case may be; and 

‘‘(ii) other changes in the terms and conditions of service.’’. 

SEC. 1604. RESOLUTION OF DISPLACEMENT COMPLAINTS. 

Section 177 (42 U.S.C. 12637) is amended—

(1) in subsections (a) and (b), by striking ‘‘under this title’’ each place it appears and inserting ‘‘under the national service laws’’; 

(2) in subsection (b)(1), by striking ‘‘employee or position’’ and inserting ‘‘employee, position, or volunteer (other than a participant under the national service laws)’’; and 

(3) by striking subsection (e) and inserting the following: 

‘‘(e) STANDARDS OF CONDUCT.—

‘‘(1) IN GENERAL.—Programs that receive assistance under the national service laws shall establish and stringently enforce standards of conduct at the program site to promote proper moral and disciplinary conditions, and shall consult 

with the parents or legal guardians of children in developing and operating programs that include and serve children. 

‘‘(2) PARENTAL PERMISSION.—Programs that receive assistance under the national service laws shall, consistent with State law, before transporting minor 

children, provide the reason for and obtain written permission of the children’s 

parents.’’. 

SEC. 1605. STATE COMMISSIONS ON NATIONAL AND COMMUNITY SERVICE. 

Section 178 (42 U.S.C. 12638) is amended—

(1) in subsection (c)(1), by adding at the end the following: 

‘‘(J) A representative of the volunteer sector.’’; 

(2) in subsection (c)(3), by striking ‘‘, unless the State permits the representative to serve as a voting member of the State Commission or alternative administrative entity’’; 

(3) by striking subsection (e)(1) and inserting the following: 

‘‘(1) Preparation of a national service plan that—

‘‘(A) is developed through an open and public process (such as through 

regional forums, hearings, and other means) that provides for maximum 

participation and input from nonprofit organizations and public agencies 

using service and volunteerism as a strategy to meet critical community 

needs, including programs funded under the national service laws; 

‘‘(B) covers a 3-year period, the beginning of which may be set by the 

State; 

‘‘(C) is subject to approval by the Chief Executive Officer; 

‘‘(D) includes measurable goals and outcomes; 

‘‘(E) ensures outreach to community and religious organizations, including those that serve underrepresented populations; 

‘‘(F) provides for effective coordination of funding applications submitted 

by the State and others within the State under the national service laws; 

and 

21

‘‘(G) identifies potential changes in practices and policies that will improve the coordination and effectiveness of Federal, State, and local resources for service and volunteerism within the State.’’; 

(4) by redesignating subsections (f) through (j) as subsections (g) through (k), 

respectively; 

(5) by inserting after subsection (e) the following: 

‘‘(f) RELIEF FROM ADMINISTRATIVE REQUIREMENTS.—Upon approval of a State plan 

submitted under subsection (e)(1), the Chief Executive Officer may waive, or specify 

alternatives to, administrative requirements (other than statutory provisions) otherwise applicable to grants made to States under the national service laws, including 

those requirements identified by a State as impeding the coordination and effectiveness of Federal, State, and local resources for service and volunteerism within a 

State.’’; and 

(6) in subsection (j)(1) (as redesignated by this section), by striking the period 

and inserting ‘‘, consistent with section 174(d).’’. 

SEC. 1606. EVALUATION AND ACCOUNTABILITY. 

Section 179 (42 U.S.C. 12639) is amended—

(1) in subsection (a), by striking ‘‘to determine—’’ and all that follows and inserting ‘‘to determine the effectiveness of programs supported under the national service laws in achieving stated goals and the costs associated with each 

of such programs, while conducting research on the role of service and civic engagement as a means of fostering healthy civic organizations.’’; 

(2) in subsection (g)—

(A) in paragraph (3), by striking ‘‘National Senior Volunteer Corps’’ and 

inserting ‘‘National Senior Service Corps’’; and 

(B) in paragraph (9), by striking ‘‘to public service’’ and all that follows 

and inserting ‘‘to engage in service that benefits the community.’’; and 

(3) by adding at the end the following: 

‘‘(j) RESERVED PROGRAM FUNDS FOR ACCOUNTABILITY.—In addition to amounts appropriated to carry out this section, the Corporation may reserve up to 1 percent 

of total program funds appropriated in a fiscal year under the national service laws 

to support program accountability activities.’’. 

SEC. 1607. TECHNICAL AMENDMENT. 

Section 181 (42 U.S.C. 12641) is amended by striking ‘‘Section 414’’ and inserting 

‘‘Section 422’’. 

SEC. 1608. ADDITIONAL ADMINISTRATIVE PROVISIONS. 

Subtitle F of title I (42 U.S.C. 12631 et seq.) is amended by adding at the end 

the following new sections: 

‘‘SEC. 185. CONSOLIDATED APPLICATION AND REPORTING REQUIREMENTS. 

‘‘To promote efficiency and eliminate duplicative requirements, the Corporation 

may consolidate or modify application procedures and reporting requirements for 

programs and activities funded under the national service laws. 

‘‘SEC. 186. ACCOUNTABILITY FOR RESULTS. 

‘‘(a) MEASURES.—

‘‘(1) ESTABLISHMENT OF MEASURES.—The Corporation shall establish, in consultation with grantees receiving assistance under the national service laws, 

performance measures for each grantee. 

‘‘(2) CONTENT.—The measures described in paragraph (1) shall include—

‘‘(A) the number of participants enrolled as compared to the number stated in the organization’s approved application for assistance; 

‘‘(B) evidence of community support, such as private financial contributions and volunteers recruited from the community; 

‘‘(C) progress toward program outcome measures; and 

‘‘(D) performance on other measures as determined by the Corporation. 

‘‘(3) SOURCE.—The measures described in paragraph (1) may include self-reported data from grantees or independent data collected by the Corporation. 

‘‘(b) CORRECTIVE PLANS.—A grantee that does not achieve the established levels 

of performance on the measures, as determined by the Corporation, shall submit to 

the Corporation for approval a plan of correction to achieve the established levels 

of performance. 

‘‘(c) FAILURE TO MEET PERFORMANCE LEVELS.—If, after a period for correction as 

approved by the Corporation, a grantee or subgrantee fails to achieve the established levels of performance, the Corporation shall—

‘‘(1) reduce the annual amount of the grant award attributable to the underperforming grantee or subgrantee by at least 25 percent; or 

22

‘‘(2) terminate assistance to the underperforming grantee or subgrantee, consistent with section 176(a). ‘‘(d) REPORTS TO CONGRESS.—The Corporation shall submit a report to Congress 

within 2 years after the date of enactment of this section, and annually thereafter, 

containing information on the number of programs implementing corrective plans 

and the number of programs for which assistance is terminated, and the number 

of programs meeting or exceeding their performance measures under this section for 

the year covered by the report. 

‘‘SEC. 187. SUSTAINABILITY. 

‘‘(a) GOALS.—To ensure that recipients of assistance under the national service 

laws are meeting sustainability goals, the Corporation may, in consultation with recipients of assistance under the national service laws, establish policies and procedures to—

‘‘(1) establish limits on the number of years recipients may receive assistance 

to carry out a project; 

‘‘(2) increase match requirements; and 

‘‘(3) implement measures to ascertain whether projects are generating sufficient community support. 

‘‘(b) ENFORCEMENT.—Any action by the Corporation to suspend or terminate assistance to recipients that do not meet sustainability goals set by the Corporation 

shall be consistent with section 176(a) and section 186. 

‘‘SEC. 188. USE OF RECOVERED FUNDS. 

‘‘(a) FACTORS CONSIDERED IN APPROVING REPAYMENT.—After the date of enactment of this section, whenever the Corporation recovers funds paid to a recipient 

under a grant or cooperative agreement made under the national service laws because the recipient made an expenditure of funds that was not allowable, or otherwise failed to discharge its responsibility to account properly for funds, the Corporation may consider those funds to be additional funds available and may arrange to 

repay to the recipient affected by that action an amount not to exceed 75 percent 

of the recovered funds if the Corporation determines that—

‘‘(1) the practices or procedures of the recipient that resulted in the recovery 

of funds have been corrected, and that the recipient is in all other respects in

compliance with the requirements of the grant or cooperative agreement, if the 

recipient was notified of any noncompliance with such requirements and given 

a reasonable period of time to remedy such noncompliance; 

‘‘(2) the recipient has submitted to the Corporation a plan for the use of those 

funds consistent with the national service laws and, to the extent possible, for 

the benefit of the community affected by the recovery of funds; and 

‘‘(3) the use of those funds in accordance with that plan would serve to 

achieve the objectives of the grant or cooperative agreement under which the 

funds were originally paid. 

‘‘(b) TERMS AND CONDITIONS OF REPAYMENT.—Any payments by the Corporation 

under this section shall be subject to other terms and conditions as the Corporation 

considers necessary to accomplish the purposes of the grant or cooperative agreement, including—

‘‘(1) the submission of periodic reports on the use of funds provided under this 

section; and 

‘‘(2) consultation by the recipient with members of the community that will 

benefit from the payments. 

‘‘(c) AVAILABILITY OF FUNDS.—Notwithstanding any other provision of law, the 

funds made available under this section shall remain available for expenditure for 

a period of time considered reasonable by the Corporation, but in no case to exceed 

more than 3 fiscal years following the later of—

‘‘(1) the fiscal year in which final agency action regarding the disallowance 

of funds is taken; or 

‘‘(2) if such recipient files a petition for judicial review regarding the disallowance of funds, the fiscal year in which final judicial action is taken on such a 

petition. 

‘‘(d) PUBLICATION IN FEDERAL REGISTER.—At least 60 days prior to entering into 

an arrangement under this section, the Corporation shall publish in the Federal 

Register a notice of intent to enter into such an arrangement and the terms and 

conditions under which payments will be made. Interested persons shall have an opportunity for at least 30 days to submit comments to the Corporation regarding the 

proposed arrangement. 

‘‘SEC. 189. CAPACITY BUILDING. 

‘‘Participants in programs supported under the national service laws, including individuals serving in approved national service positions, may engage in activities, 

23

including recruiting and managing volunteers, that increase the capacity of organizations that receive assistance under the national service laws to address unmet 

human, educational, environmental, or public safety needs. 

‘‘SEC. 189A. EXPENSES OF ATTENDING MEETINGS. 

‘‘Notwithstanding section 1345 of title 31, United States Code, funds authorized 

under the national service laws shall be available for expenses of attendance of 

meetings that are concerned with the functions or activities for which the funds are 

appropriated or which will contribute to improved conduct, supervision, or management of those functions or activities. 

‘‘SEC. 189B. FEES. 

‘‘(a) COLLECTION OF FEES.—The Corporation may charge and retain fair and reasonable fees for training, technical assistance, and publications. The amount of the 

fees shall be based on the cost of the activities or publications to the Corporation. 

‘‘(b) NOT FEDERAL FUNDS.—Fees collected under subsection (a) shall not be considered to be Federal funds and shall not be required to be deposited in the Treasury 

of the United States. 

‘‘(c) ANNUAL REPORTS.—The Corporation shall submit to the appropriate committees of Congress an annual report that includes the services or publications provided 

on a fee basis and the amount of fees received. 

‘‘SEC. 189C. GRANT PERIODS. 

‘‘Unless otherwise specifically provided, the Corporation has authority to make a 

grant under the national service laws for a period of 3 years.

‘‘SEC. 189D. GENERATION OF VOLUNTEERS. 

‘‘In making decisions on applications for assistance or approved national service 

positions under the national service laws, the Corporation shall take into consideration the extent to which the applicant’s proposal will increase the involvement of 

volunteers in meeting community needs. 

‘‘SEC. 189E. LIMITATION ON PROGRAM GRANT COSTS. 

‘‘(a) LIMITATION ON GRANT AMOUNTS.—Except as otherwise provided by this section, the amount of funds approved by the Corporation in a grant to operate a program authorized under the national service laws supporting individuals serving in 

approved national service positions may not exceed $16,000 per full-time equivalent 

position. 

‘‘(b) COSTS SUBJECT TO LIMITATION.—The limitation in subsection (a) applies to 

the Corporation’s share of member support costs, staff costs, and other costs borne 

by the grantee or subgrantee to operate a program. 

‘‘(c) COSTS NOT SUBJECT TO LIMITATION.—The limitation in subsection (a) and 

(e)(1) shall not apply to expenses that are not included in the program operating 

grant award. 

‘‘(d) ADJUSTMENTS FOR INFLATION.—The amount specified in subsections (a) and 

(e)(1) shall be adjusted each year after 2003 for inflation as measured by the Consumer Price Index for All Urban Consumers published by the Secretary of Labor. 

‘‘(e) WAIVER AUTHORITY AND REPORTING REQUIREMENT.—

‘‘(1) WAIVER.—The Chief Executive Officer may waive the requirements of 

this section, up to a maximum of $18,000, if necessary to meet the compelling 

needs of a particular program, such as exceptional training needs for a program 

serving disadvantaged youth, increased costs relating to the participation of individuals with disabilities, and start-up costs associated with a first-time grantee, and up to a maximum of $20,000 for residential programs. 

‘‘(2) REPORTS.—The Chief Executive Officer shall report to Congress annually 

on all waivers granted under this section, with an explanation of the compelling 

needs justifying such waivers. 

‘‘SEC. 189F. NOTICE REQUIREMENT. 

‘‘(a) The Corporation shall ensure that the following notice is included in all application materials, grant announcements, and other material containing information 

regarding the application for assistance provided under the national service laws: 

‘The Civil Rights Act of 1964 prohibits employers with 15 or more employees from 

engaging in employment practices that discriminate against an individual based on 

religion. Under section 702(a) of the Civil Rights Act, this prohibition generally does 

not apply to a religious corporation, association, educational institution, or society. 

However, as a requirement of receiving funding under the national service laws, any 

such religious entity shall not discriminate based on religion when employing new 

staff paid with funds received under the national service laws pursuant to section 

175(c) of the National and Community Service Act of 1990 (42 U.S.C. 12635(c)) and 

section 417(c) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5057(c))’. ’

24

‘‘(b) Before providing assistance to a private entity referenced in paragraph (1), 

the Corporation shall ensure that written confirmation, separate from any other 

documents required by law or regulation, is obtained from such private entity acknowledging the recipient of assistance or funds has read and understands the following: ‘The Civil Rights Act of 1964 prohibits employers with 15 or more employees 

from engaging in employment practices that discriminate against an individual 

based on religion. Under section 702(a) of the Civil Rights Act, this prohibition generally does not apply to a religious corporation, association, educational institution, 

or society. However, as a requirement of receiving funding under the national service laws, any such religious entity shall not discriminate based on religion when employing new staff paid with funds received under the national service laws pursuant 

to section 175(c) of the National and Community Service Act of 1990 (42 U.S.C. 

12635(c)) and section 417(c) of the Domestic Volunteer Service Act of 1973 (42 

U.S.C. 5057(c))’. ’

‘‘(c) Subsections (a) and (b) of this section shall not amend, supersede, or otherwise affect rights, protections, or duties under the Civil Rights laws of the United 

States, the national service laws, or any other law. 

‘‘SEC. 189G. AUDITS AND REPORTS. 

‘‘The Corporation shall comply with applicable audit and reporting requirements 

as provided in the Chief Financial Officers Act of 1990 (31 U.S.C. 501 et seq.) and 

the Government Corporation Control Act of 1945 (31 U.S.C. 9101 et seq.). The Corporation shall report to the Congress any failure to comply with the requirements 

of such audits.’’.

Subtitle G—Amendments to Subtitle G (Corporation for National and Community Service) 

SEC. 1701. TERMS OF OFFICE. 

Section 192 (42 U.S.C. 12651a) is amended—

(1) by striking subsection (c) and inserting the following: 

‘‘(c) TERMS.—Subject to subsection (e), each appointed member shall serve for a 

term of 5 years.’’; and 

(2) by adding at the end the following: 

‘‘(e) SERVICE UNTIL APPOINTMENT OF SUCCESSOR.—A voting 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 the Congress adjourns sine die to end the session of 

Congress that commences after the date on which the member’s term expired.’’. 

SEC. 1702. BOARD OF DIRECTORS AUTHORITIES AND DUTIES. 

Section 192A(g) (42 U.S.C. 12651b(g)) is amended—

(1) in the matter preceding paragraph (1) by striking ‘‘shall—’’ and inserting 

‘‘shall have responsibility for setting overall policy for the Corporation and 

shall—’’; 

(2) by striking paragraphs (2) and (11); 

(3) by redesignating paragraphs (3) through (10) as paragraphs (2) through 

(9), respectively; 

(4) in paragraph (8) (as redesignated by this section), by inserting ‘‘and’’ after 

‘‘Corporation;’’; and 

(5) in paragraph (9) (as redesignated by this section), by striking ‘‘program; 

and’’ and inserting ‘‘program under a cost share agreement, as determined by 

the Corporation, in which the funds advanced or received as reimbursement 

shall be credited directly to a current appropriation.’’. 

SEC. 1703. PEER REVIEWERS. 

Section 193A (42 U.S.C. 12651d) is amended—

(1) in subsection (b)—

(A) in paragraph (9)(C), by striking the semicolon and inserting ‘‘; and’’; 

(B) by striking paragraph (10); and 

(C) by redesignating paragraph (11) as paragraph (10); 

(2) in subsection (c)—

(A) in paragraph (9), by striking ‘‘and’’ at the end; 

(B) by redesignating paragraph (10) as paragraph (11); and 

(C) by inserting after paragraph (9) the following:

‘‘(10) obtain the opinions of peer reviewers in evaluating applications to the 

Corporation for assistance under this title; and’’; 

(3) by striking subsection (f); and 

25

(4) by redesignating subsection (g) as subsection (f). 

SEC. 1704. NONVOTING MEMBERS; PERSONAL SERVICES CONTRACTS. 

Section 195 (42 U.S.C. 12651f) is amended—

(1) in subsection (c)(3)—

(A) in the heading, by striking ‘‘MEMBER’’ and inserting ‘‘NON-VOTING

MEMBER’’; and 

(B) by inserting ‘‘non-voting’’ before ‘‘member’’; and 

(2) by adding at the end the following new subsection: 

‘‘(g) PERSONAL SERVICES CONTRACTS.—The Corporation may enter into personal 

services contracts to carry out research, evaluation, and public awareness related 

to the national service laws.’’. 

SEC. 1705. DONATED SERVICES. 

Section 196(a) (42 U.S.C. 12651g(a)) is amended—

(1) in paragraph (1)—

(A) by striking subparagraph (A) and inserting the following: 

‘‘(A) ORGANIZATIONS AND INDIVIDUALS.—Notwithstanding section 1342 of 

title 31, United States Code, the Corporation may solicit and accept the 

services of organizations and individuals (other than participants) to assist 

the Corporation in carrying out the duties of the Corporation under the national service laws, and may provide to such individuals the travel expenses 

described in section 192A(d) of this Act (42 U.S.C. 12651b(d)).’’; 

(B) in subparagraph (B)—

(i) in the matter preceding clause (i), by striking ‘‘Such a volunteer’’

and inserting ‘‘An individual who provides services under this subtitle’’; 

(ii) in clause (i), by striking ‘‘a volunteer’’ and inserting ‘‘an individual who provides services’’; 

(iii) in clause (ii), by striking ‘‘volunteers’’ and inserting ‘‘individuals 

who provide services’’; and 

(iv) in clause (iii), by striking ‘‘such a volunteer’’ and inserting ‘‘an 

individual who provides such services’’; and 

(C) in subparagraph (C)(i), by striking ‘‘Such a volunteer’’ and inserting 

‘‘An individual who provides services to the Corporation’’; and 

(2) by striking paragraph (3). 

Subtitle H—Amendments to Subtitle H 

SEC. 1801. TECHNICAL AMENDMENTS TO SUBTITLE H. 

Section 198 (42 U.S.C. 12653) is amended—

(1) in subsection (e)—

(A) in the heading, by striking ‘‘IMPROVE ABILITY TO APPLY FOR ASSISTANCE’’ and inserting ‘‘TRAINING AND TECHNICAL ASSISTANCE’’; and 

(B) by striking ‘‘and other entities’’ and all that follows and inserting ‘‘and 

other entities, including those in underserved rural and urban areas, to enable them to apply for funding under one of the national service laws, to 

conduct high-quality programs, to evaluate such programs, to support efforts to improve the management of nonprofit organizations and community 

groups, and for other purposes.’’; 

(2) in subsection (i)—

(A) by striking ‘‘conduct a campaign to’’; and 

(B) by striking ‘‘to promote’’ and inserting ‘‘may promote’’; 

(3) by striking subsection (q) and redesignating subsections (r) and (s) as subsections (q) and (r), respectively; 

(4) in subsection (q) (as redesignated by this section), by striking the heading 

‘‘ASSISTANCE FOR HEAD START’’ and inserting ‘‘AGREEMENTS WITH FOSTER

GRANDPARENT PROGRAMS’’; and 

(5) by adding at the end the following new subsections: 

‘‘(s) CHIEF EXECUTIVE OFFICER DISCRETIONARY GRANTS.—

‘‘(1) AUTHORITY.—The Chief Executive Officer is authorized to make grants, 

consistent with policies and procedures established by the Board of Directors, 

including grants made on the basis of an unsolicited application, to any entity 

eligible for assistance under the national service laws to support greater engagement of citizens in service and volunteerism. 

‘‘(2) MATCHING FUNDS.—The Chief Executive Officer shall require recipients 

of grants under this subsection to provide matching funds from non-Federal 

sources. 

26

‘‘(3) REPORT.—The Chief Executive Officer shall report to Congress on an annual basis on any grants made under this subsection. 

‘‘(t) VOLUNTEER SERVICE TECHNOLOGY PROGRAM.—The Corporation may provide 

grants for Volunteer Service Technology Programs to assist Internet volunteer recruiting entities to locate, promote, and match volunteers with local service and volunteer organizations. The Chief Executive Officer shall require recipients of grants 

under this subsection to provide matching funds from non-Federal sources.’’. 

SEC. 1802. REPEAL OF SPECIAL DEMONSTRATION PROJECT. 

Section 198D (42 U.S.C. 12653d) and the item relating to such section in the table 

of contents contained in section 1(b) (42 U.S.C. 12501 note) are repealed. 

Subtitle I—Additional Authorities 

SEC. 1901. SENIOR SERVICE SCHOLARSHIPS. 

Title I (42 U.S.C. 12511 et seq.) is further amended by adding at the end the following new subtitle:

‘‘Subtitle J—Senior Service Scholarships 

‘‘SEC. 199N. AUTHORITY TO PROVIDE ASSISTANCE AND SENIOR SERVICE SCHOLARSHIPS. 

‘‘(a) PROVISION OF ASSISTANCE.—Subject to the availability of appropriations for 

this purpose, the Corporation may make grants to eligible entities under subsection 

(b) for the purpose of assisting the recipients of the grants in carrying out or sponsoring mentoring, tutoring, and other programs described in section 199P. 

‘‘(b) ELIGIBLE APPLICANTS.—States, Indian tribes, other public agencies, and nonprofit organizations are eligible to apply for grants under this subtitle. 

‘‘(c) PROVISION OF SENIOR SERVICE SCHOLARSHIPS.—The Corporation may approve 

the provision of senior service scholarships described in section 199T for volunteers 

who meet the requirements in section 199S by serving—

‘‘(1) in programs supported by assistance under subsection (a); or 

‘‘(2) in other programs consistent with the provisions of section 199P, as determined by the Corporation in consultation with a State or other recipient.

‘‘SEC. 199O. PROGRAMS ELIGIBLE FOR ASSISTANCE. 

‘‘(a) TUTORING AND MENTORING ACTIVITIES.—Grants provided under this subtitle 

may support the service of seniors in mentoring and tutoring, either directly or indirectly (through activities such as family literacy programs), individuals up to 17 

years of age. Tutoring programs in reading for children pre-K through grade 6 supported under this subtitle must be research-based. 

‘‘(b) OTHER ACTIVITIES.—Grants provided under this subtitle may also support the 

service of seniors to meet a wide variety of community needs, as set forth in the 

purposes of this Act. 

‘‘SEC. 199P. GRANTS. 

‘‘(a) AMOUNT.—After approving an application under this subtitle, the Corporation 

may provide up to $600 per senior volunteer supported under this subtitle. 

‘‘(b) GRANT PERIOD.—Grants provided under this subtitle may cover a period of 

not more than 3 years, but may be renewed by the Corporation for successive periods. 

‘‘(c) USE OF FUNDS.—Grants provided under this subtitle may be used to pay reasonable costs attributable to the development or operation of volunteer programs, 

consistent with the application approved by the Corporation, including—

‘‘(1) reimbursing direct volunteer costs, such as transportation, meals, and 

other items incidental to performing service; 

‘‘(2) recruitment and training of volunteers; 

‘‘(3) insurance; and 

‘‘(4) management of volunteers. 

‘‘(d) RESTRICTION.—A senior volunteer supported under this subtitle may not receive an amount greater than the amounts for allowances, stipends, and other support to senior volunteers as determined by the Corporation under title II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5000 et seq.). 

‘‘SEC. 199Q. FUNDS FOR SENIOR SERVICE SCHOLARSHIPS. 

‘‘(a) IN GENERAL.—Funds for senior service scholarships may include—

‘‘(1) appropriations authorized under section 501(a); 

27

‘‘(2) gifts specifically intended for senior service scholarships received by the 

Corporation under section 196(a)(2); and 

‘‘(3) interest that accrues on the funds received by the Corporation under 

paragraphs (1) and (2). 

‘‘(b) NATIONAL SERVICE TRUST.—Funds received by the Corporation under subsection (a) shall be deposited into the National Service Trust established under section 145(a). 

‘‘(c) INVESTMENT OF FUNDS.—The Corporation shall ensure that funds for senior 

service scholarships are invested in accordance with section 145(b). 

‘‘(d) TREATMENT OF FUNDS.—The Corporation shall—

‘‘(1) use funds received under subsection (a) only for senior service scholarships; and 

‘‘(2) account for funds received under subsection (a) separately from other 

funds in the National Service Trust. 

‘‘(e) EXPENDITURES FROM NATIONAL SERVICE TRUST.—Funds received under subsection (a) shall be available to provide a senior service scholarship to a senior volunteer eligible under section 199S in an amount as provided in section 199T. 

‘‘(f) DISBURSEMENT.—Within 30 days of receiving a request from the recipient that 

meets requirements to be set by the Corporation, the Corporation shall disburse the 

senior service scholarship to the recipient as authorized under subtitle D. 

‘‘SEC. 199R. ELIGIBILITY TO RECEIVE A SENIOR SERVICE SCHOLARSHIP. 

‘‘To be eligible to receive a senior service scholarship, an individual must—

‘‘(1) successfully complete 500 hours of service in not more than 1 year in a 

mentoring, tutoring, or other program approved by the Corporation; and 

‘‘(2) be 55 years of age or older at the time the individual begins the period 

of 500 hours of service. 

‘‘SEC. 199S. AMOUNT OF SENIOR SERVICE SCHOLARSHIP. 

‘‘(a) IN GENERAL.—The amount of a senior service scholarship for 500 hours of 

service is $1,000. 

‘‘(b) PRORATED AMOUNT.—If an individual serves at least 250 hours but is unable 

to complete 500 hours in a 1-year period for compelling personal circumstances as 

determined by the recipient organization, the amount of the senior service scholarship shall be proportional to the number of hours actually served.’’. 

SEC. 1902. AMERICA’S PROMISE: THE ALLIANCE FOR YOUTH. 

Title I (42 U.S.C. 12511) is amended by adding at the end the following new subtitle: 

‘‘Subtitle K—America’s Promise: The Alliance for 

Youth 

‘‘SEC. 199AA. AUTHORITY TO PROVIDE ASSISTANCE. 

‘‘Subject to the availability of appropriations for this purpose, the Corporation 

may make grants to America’s Promise: The Alliance for Youth to support its activities relating to mobilizing communities to ensure that young people become productive, responsible adults. 

‘‘SEC. 199BB. ALLOWABLE COSTS. 

‘‘Grant funds may be used to pay costs attributable to the development or operation of programs consistent with a grant award approved by the Corporation under 

section 199AA. 

‘‘SEC. 199CC. CORPORATION’S CHIEF EXECUTIVE OFFICER AS EX OFFICIO MEMBER OF BOARD 

OF DIRECTORS. 

‘‘The Corporation’s Chief Executive Officer may serve as an ex officio nonvoting 

member of the Board of Directors of America’s Promise: The Alliance for Youth.’’. 

Subtitle J—Amendments to Title III (Points of 

Light Foundation) 

SEC. 1911. PURPOSE. 

Section 302 (42 U.S.C. 12661) is amended to read as follows:

‘‘SEC. 302. PURPOSE. 

‘‘It is the purpose of this title—

28

‘‘(1) to encourage every individual and every institution in the Nation to help 

solve critical social problems by volunteering time, energies, and services 

through community and volunteer service projects and initiatives; 

‘‘(2) to identify successful and promising community and volunteer service 

projects and initiatives, and to disseminate information, training, and technical 

assistance concerning such projects and initiatives to other communities in 

order to promote and sustain their adoption nationwide; 

‘‘(3) to discover and encourage new leaders and develop individuals and institutions that serve as strong examples of a commitment to serving others and 

to convince all people in the United States that a successful life includes serving 

others; 

‘‘(4) to encourage and facilitate the development of new volunteer centers in 

designated localities; and 

‘‘(5) to strengthen the aggregate infrastructure of our Nation’s volunteer centers in order to maximize recruitment, management, and retention.’’. 

SEC. 1912. BOARD OF DIRECTORS. 

Section 303 (42 U.S.C. 12662) is amended—

(1) by redesignating subsection (b) as subsection (c); and 

(2) by inserting after subsection (a) the following:

‘‘(b) CORPORATION’S CHIEF EXECUTIVE OFFICER AS EX OFFICIO MEMBER OF BOARD

OF DIRECTORS.—The Corporation’s Chief Executive Officer may serve as an ex officio 

nonvoting member of the Foundation’s Board of Directors.’’. 

SEC. 1913. GRANTS TO THE FOUNDATION. 

Section 304 (42 U.S.C. 12663) is amended—

(1) in subsection (a), in the matter preceding paragraph (1), by striking ‘‘a department or agency in the executive branch’’ and all that follows through ‘‘the 

President—’’ and inserting ‘‘the Corporation—’’; and 

(2) by adding after subsection (b) the following new subsections: 

‘‘(c) ENDOWMENT.—

‘‘(1) IN GENERAL.—Notwithstanding any other law, of the funds made available each fiscal year under sections 303 and 501(b), up to 25 percent may be 

used to establish or support an endowment fund, the corpus of which shall remain intact and the interest income from which shall be used to support activities described in this title, provided that the Foundation may invest the corpus 

and income only in federally insured bank savings accounts or comparable interest-bearing accounts, certificates of deposit, money market funds, mutual 

funds, obligations of the United States, or other market instruments and securities, but not in real estate investments. 

‘‘(2) END OF OPERATIONS.—The Chief Executive Officer shall obtain from the 

Foundation complete and accurate records of Federal funds deposited in an endowment established in accordance with paragraph (1). The corpus of such an 

endowment shall revert to the Treasury if the Chief Executive Officer determines that—

‘‘(A) the Foundation has ceased operations; or 

‘‘(B) the Foundation is no longer capable of carrying out the activities described in section 302. 

‘‘(d) GRANTS TO SUPPORT COMMUNITY-BASED VOLUNTEER CENTERS.—From funds 

made available under section 303 and 501(b), the Foundation may make grants to—

‘‘(1) community-based organizations for the purpose of facilitating the development of volunteer centers; and 

‘‘(2) community-based volunteer centers to support their ability to recruit, 

manage, and retain volunteers.’’. 

Subtitle K—Amendments to Title V (Authorization 

of Appropriations) 

SEC. 1921. AUTHORIZATION OF APPROPRIATIONS. 

Section 501 (42 U.S.C. 12681) is amended to read as follows: 

‘‘SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) TITLE I.—

‘‘(1) SUBTITLE B.—

‘‘(A) IN GENERAL.—There are authorized to be appropriated to provide financial assistance under subtitle B of title I, $55,000,000 for fiscal year 

2003, $58,000,000 for fiscal year 2004, $61,000,000 for fiscal year 2005, 

29

$65,000,000 for fiscal year 2006, and such sums as may be necessary for 

fiscal year 2007. 

‘‘(B) PROGRAMS.—Of the amount appropriated under subparagraph (A) for 

a fiscal year—

‘‘(i) not more than 50 percent shall be available to provide financial 

assistance under part I of subtitle B of title I; 

‘‘(ii) not more than 25 percent shall be available to provide financial 

assistance under part II of such subtitle; and 

‘‘(iii) not less than 25 percent shall be available to provide financial 

assistance under part III of such subtitle. 

‘‘(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 administer the National Service Trust and disburse national service educational awards and 

scholarships 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, $415,000,000 for fiscal year 

2003, and such sums as may be necessary for fiscal years 2004 through 

2007. 

‘‘(B) PROGRAMS.—Of the amount appropriated under subparagraph (A) for 

a fiscal year, up to 15 percent shall be made available to provide financial 

assistance under section 125, under subsections (b) and (c) of section 126, 

and under subtitle H of title I. 

‘‘(C) SUBTITLE C.—Of the amount appropriated under subparagraph (A) 

for fiscal year 2003, not more than $315,000,000 shall be made available 

to provide financial assistance under section 121 of subtitle C of title I. 

‘‘(3) SUBTITLE E.—There are authorized to be appropriated to operate the Civilian Community Corps and provide financial assistance under subtitle E of 

title I, $30,000,000 for fiscal year 2003 and such sums as may be necessary for 

each of the fiscal years 2004 through 2007.

‘‘(4) SUBTITLE J (SENIOR SERVICE SCHOLARSHIPS PROGRAM).—There are authorized to be appropriated to provide financial assistance under subtitle J of title 

I $12,000,000 for fiscal year 2003 and such sums as may be necessary for each 

of fiscal years 2004 through 2007. 

‘‘(5) SUBTITLE K (AMERICA’S PROMISE).—There are authorized to be appropriated to provide financial assistance under subtitle K of title I $7,500,000 for 

fiscal year 2003 and such sums as may be necessary for each of fiscal years 

2004 through 2007. 

‘‘(6) ADMINISTRATION.—

‘‘(A) IN GENERAL.—There are authorized to be appropriated for the administration of this Act, including financial assistance under section 126(a), 

$34,000,000 for fiscal year 2003 and such sums as may be necessary for 

each of fiscal years 2004 through 2007. 

‘‘(B) CORPORATION.—Of the amounts appropriated under subparagraph 

(A) for a fiscal year—

‘‘(i) up to 60 percent shall be made available to the Corporation for 

the administration of this Act; and 

‘‘(ii) the remainder shall be available to provide financial assistance 

under section 126(a). 

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

$10,000,000 for fiscal year 2003 and such sums as may be necessary for each of fiscal years 2004 through 2007. 

‘‘(c) AVAILABILITY OF APPROPRIATIONS.—Funds appropriated under this section 

shall remain available until expended.’’. 

TITLE II—AMENDMENTS TO THE DOMESTIC 

VOLUNTEER SERVICE ACT OF 1973

SEC. 2001. REFERENCES. 

Except as otherwise specifically provided, whenever in this title an amendment 

or repeal is expressed in terms of an amendment to, or repeal of a provision, the 

reference shall be considered to be made to a provision of the Domestic Volunteer 

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

30

Subtitle A—Amendments to Title I (National 

Volunteer Antipoverty Programs) 

SEC. 2101. PURPOSE. 

Section 2(b) (42 U.S.C. 4950(b)) is amended by striking ‘‘local agencies’’ and inserting ‘‘local agencies, expand relationships with, and support for, the efforts of civic, 

community, and educational organizations,’’. 

SEC. 2102. PURPOSE OF THE VISTA PROGRAM. 

Section 101 (42 U.S.C. 4951) is amended—

(1) in the second sentence, by striking ‘‘afflicted with’’ and inserting ‘‘affected 

by’’; and 

(2) in the third sentence, by striking ‘‘local level’’ and all that follows and inserting ‘‘local level, to support efforts by local agencies and organizations to 

achieve long-term sustainability of projects initiated or expanded under the 

VISTA program activities, and to strengthen local agencies and community organizations to carry out the purpose of this part, consistent with the provisions 

of section 187 of the National and Community Service Act of 1990.’’.

SEC. 2103. APPLICATIONS. 

Section 103 (42 U.S.C. 4953) is amended—

(1) in subsection (a)(2)—

(A) by striking ‘‘handicapped’’ and inserting ‘‘disabled’’; and 

(B) by striking ‘‘handicaps’’ and inserting ‘‘disabilities’’; 

(2) in subsection (b)(1), by striking ‘‘recruitment and placement procedures’’

and inserting ‘‘recruitment and placement procedures that involve sponsoring 

organizations and’’; 

(3) in subsection (c)—

(A) in paragraph (1)—

(i) in the matter preceding subparagraph (A), by striking ‘‘personnel 

described in subsection (b)(2)(C)’’ and inserting ‘‘personnel described in 

subsection (b)(2)(C) and sponsoring organizations’’; and 

(ii) in subparagraph (F), by striking ‘‘National and Community Service Trust Act of 1993’’ and inserting ‘‘National and Community Service 

Act of 1990’’; and 

(B) in paragraph (3), by striking ‘‘this subsection’’ and inserting ‘‘this subsection and related public awareness and recruitment activities under the 

national service laws’’; 

(4) in subsection (g) by striking ‘‘and has been submitted to the Governor’’ and 

all that follows and inserting a period; and 

(5) by adding at the end the following: 

‘‘(i) The Director may enter into agreements under which public and private nonprofit organizations with sufficient financial capacity and size pay for all or a portion of the costs of supporting the service of volunteers under this title, consistent 

with the provisions of section 187 of the National and Community Service Act of 

1990.’’. 

SEC. 2104. TERMS AND PERIODS OF SERVICE. 

Section 104 (42 U.S.C. 4954) is amended—

(1) by striking subsection (a) and inserting the following: 

‘‘(a)(1) Except as provided in paragraphs (2) through (4), volunteers serving under 

this part shall be required to make a full-time personal commitment to combating 

poverty and poverty-related problems. To the maximum extent practicable, the requirement for full-time commitment shall include a commitment to live among and 

at the economic level of the people served, and to remain available for service without regard to regular working hours, at all times during their periods of service, except for authorized periods of leave. 

‘‘(2) The requirements in paragraph (1) shall not apply to up to 25 percent of volunteers enrolled in fiscal year 2003 and up to 50 percent of volunteers enrolled in 

fiscal year 2004. 

‘‘(3) Not later than September 30, 2004, the General Accounting Office shall submit a report to Congress on whether the changes provided in paragraph (2) have 

had a material and adverse effect on the ability of the VISTA program to combat 

poverty and poverty-related problems, such as increased attrition rates among volunteers and difficulties in recruiting volunteers. 

‘‘(4) Unless the report described in paragraph (3) concludes that the changes provided in paragraph (2) have caused a material and adverse effect on the ability of 

the VISTA program to combat poverty and poverty-related problems, the requireVerDate May 23 2002 05:55 Jun 30, 2002 Jkt 099006 PO 00000 Frm 00030 Fmt 6659 Sfmt 6621 E:\HR\OC\HR521.XXX pfrm17 PsN: HR521
31

ments in paragraph (1) shall not apply to up to 75 percent of volunteers enrolled 

in fiscal year 2005 and up to 100 percent of volunteers enrolled in fiscal year 2006 

and thereafter.’’; 

(2) in subsection (b)(2), by striking ‘‘if the Director determines’’ and all that 

follows and inserting ‘‘if they are enrolled in a term of service of at least 1,700 

hours for which the requirements of subsection (a)(1) do not apply.’’; and 

(3) in subsection (d)—

(A) in the first sentence, by striking ‘‘with the terms and conditions of 

their service.’’ and inserting ‘‘with the terms and conditions of their service 

or any adverse action, including termination, proposed by the sponsoring 

organization. The procedure shall provide for an appeal to the Director of 

any proposed termination.’’; and 

(B) in the third sentence (as amended by this section), by striking ‘‘and 

the terms and conditions of their service’’. 

SEC. 2105. SECTIONS REPEALED. 

Sections 109 and 124 (42 U.S.C. 4959) and the items relating to such sections in 

the table of contents are repealed. 

SEC. 2106. UNIVERSITY YEAR FOR VISTA PROGRAM. 

Section 111(b) (42 U.S.C. 4971(b)) is amended in the third sentence by striking 

‘‘agencies, institutions, and situations’’ and inserting ‘‘agencies and institutions, including civic, community, and educational organizations,’’. 

SEC. 2107. CONFORMING AMENDMENT. 

Section 121 is amended in the second sentence by striking ‘agencies, institutions, 

and situations’’ and inserting ‘‘agencies and institutions, including civic, community, 

and educational organizations’’. 

Subtitle B—Amendments to Title II (National 

Senior Volunteer Corps) 

SEC. 2201. CHANGE IN NAME. 

Title II (42 U.S.C. 5000 et seq.) is amended in the title heading by striking ‘‘NATIONAL SENIOR VOLUNTEER CORPS’’ and inserting ‘‘NATIONAL SENIOR 

SERVICE CORPS’’. 

SEC. 2202. PURPOSE. 

Section 200 (42 U.S.C. 5000) is amended to read as follows: 

‘‘SEC. 200. STATEMENT OF PURPOSE. 

‘‘It is the purpose of this title to provide—

‘‘(1) opportunities for senior service to meet unmet local, State, and national 

needs in the areas of education, public safety, health and human needs, and the 

environment; 

‘‘(2) for the National Senior Service Corps, comprised of the Retired and Senior Volunteer Program, the Foster Grandparent Program, and the Senior Companion Program, and demonstration and other programs to empower older individuals to contribute to their communities through service, enhance the lives of 

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

‘‘(3) opportunities for people 55 years of age or older, through the Retired and 

Senior Volunteer Program, to share their experiences, abilities, and skills for 

the betterment of their communities and themselves; 

‘‘(4) opportunities for people 55 years of age or older, through the Foster 

Grandparents Program, to have a positive impact on the lives of children in 

need; 

‘‘(5) opportunities for people 55 years of age or older, through the Senior Companion Program, to provide critical support services and companionship to 

adults at risk of institutionalization and who are struggling to maintain a dignified independent life; and 

‘‘(6) for research, training, demonstration, and other program activities to increase and improve opportunities for seniors to meet unmet needs, including 

those related to emergency preparedness, public safety, public health, and disaster relief, in their communities.’’. 

SEC. 2203. GRANTS AND CONTRACTS FOR VOLUNTEER SERVICE PROJECTS. 

Section 201 (42 U.S.C. 5001) is amended—

32

(1) in subsection (a), in the matter preceding paragraph (1), by striking ‘‘avail 

themselves of opportunities for volunteer service in their community’’ and inserting ‘‘share their experiences, abilities, and skills for the betterment of their 

communities and themselves’’; 

(2) in paragraph (2), by striking ‘‘, and individuals 60 years of age or older 

will be given priority for enrollment,’’; 

(3) by striking subsection (c); and 

(4) by redesignating subsection (d) as subsection (c). 

SEC. 2204. FOSTER GRANDPARENT PROGRAM GRANTS. 

Section 211 (42 U.S.C. 5011) is amended—

(1) in subsection (a), by striking ‘‘low-income persons aged sixty or over’’ and 

inserting ‘‘low-income and other persons aged 55 or over’’; 

(2) in subsection (b)—

(A) in paragraph (1)—

(i) in the matter preceding subparagraph (A), by striking ‘‘shall have 

the exclusive authority to determine, pursuant to the provisions of 

paragraph (2) of this subsection—’’ and inserting ‘‘may determine—’’;

(ii) in subparagraph (A), by striking ‘‘and’’; 

(iii) in subparagraph (B), by striking the period and inserting ‘‘; and’’; 

and 

(iv) by adding after subparagraph (B) the following: 

‘‘(C) whether it is in the best interests of a child receiving, and of a particular 

foster grandparent providing, services in such a project, to continue such relationship after the child reaches the age of 21, if such child was receiving such 

services prior to attaining the age of 21.’’; 

(B) by striking paragraph (2); and 

(C) by redesignating paragraph (3) as paragraph (2); 

(3) in paragraph (2) (as redesignated by this section), by striking ‘‘paragraphs 

(1) and (2)’’ and inserting ‘‘paragraph (1)’’; 

(4) by adding after paragraph (2) (as redesignated by this section) the following: 

‘‘(3) If an assignment of a foster grandparent is suspended or discontinued, the 

replacement of that foster grandparent shall be determined through the mutual 

agreement of all parties involved in the provision of services to the child.’’; 

(5) in subsection (d)—

(A) in the first sentence, by striking ‘‘low-income persons serving as volunteers under this part, such allowances, stipends, and other support’’ and 

inserting ‘‘low-income persons and persons eligible under subsection (h) 

serving as volunteers under this part, such allowances or stipends’’; and 

(B) by striking the second sentence and all that follows and inserting the 

following: ‘‘Any stipend or allowance provided under this part shall not exceed 75 percent of the minimum wage under the Fair Labor Standards Act 

of 1938 (29 U.S.C. 201 et seq.), with the Federal share not to exceed $2.65 

per hour, provided that the Director shall adjust the Federal share once 

prior to December 31, 2007, to account for inflation.’’; 

(6) in subsection (e)(1), by striking ‘‘125’’ and inserting ‘‘200’’; 

(7) by striking subsection (f) and inserting: 

‘‘(f)(1) Subject to the restrictions in paragraph (3), individuals who are not lowincome persons may serve as volunteers under this part. The regulations issued by 

the Director to carry out this part (other than regulations relating to stipends or 

allowances to individuals authorized by subsections (d) and (h)) shall apply to all 

volunteers under this part, without regard to whether such volunteers are eligible 

to receive a stipend or allowance under subsection (d) or (h). 

‘‘(2) Except as provided under paragraph (1), each recipient of a grant or contract 

to carry out a project under this part shall give equal treatment to all volunteers 

who participate in such project, without regard to whether such volunteers are eligible to receive a stipend or allowance under subsection (d) or (h). 

‘‘(3) An individual who is not a low-income person may not become a volunteer 

under this part if allowing that individual to become a volunteer under this part 

would prevent a low-income person from becoming a volunteer under this part or 

would displace a low-income person from being a volunteer under this part.’’; and 

(8) by adding at the end the following new subsections: 

‘‘(g) The Director may also provide a stipend or allowance in an amount not to 

exceed 10 percent more than the amount established under subsection (d) to leaders 

who, on the basis of past experience as volunteers, special skills, and demonstrated 

leadership abilities, may coordinate activities, including training, and otherwise support the service of volunteers under this part. 

33

‘‘(h) The Director may provide payments under subsection (d) for up to 15 percent 

of volunteers serving in a project under this part for a fiscal year who do not meet 

the definition of ‘low-income’ under subsection (e), upon certification by the recipient 

of a grant or contract that it is unable to effectively recruit and place low-income 

volunteers in the number of placements approved for the project.’’. 

SEC. 2205. SENIOR COMPANION PROGRAM GRANTS. 

Section 213 (42 U.S.C. 5013) is amended—

(1) in subsection (a), by striking ‘‘low-income persons aged 60 or over’’ and inserting ‘‘low-income and other persons aged 55 or over’’; 

(2) in subsection (b), by striking ‘‘Subsections (d), (e), and (f)’’ and inserting 

‘‘Subsections (d) through (h)’’; and 

(3) by striking subsection (c)(2)(B) and inserting the following: 

‘‘(B) Senior companion volunteer trainers and leaders may receive a stipend or allowance consistent with subsection (g) authorized under subsection (d) of section 

211, as approved by the Director.’’. 

SEC. 2206. TECHNICAL AMENDMENTS. 

(a) CHANGE IN AGE ELIGIBILITY.—Section 223 (42 U.S.C. 5023) is amended by 

striking ‘‘sixty years and older’’ and inserting ‘‘55 years and older’’. 

(b) NAME CHANGE.—Section 224 (42 U.S.C. 5024) is amended in the heading by 

striking ‘‘VOLUNTEER’’ and inserting ‘‘SERVICE’’. 

SEC. 2207. PROGRAMS OF NATIONAL SIGNIFICANCE. 

Section 225 (42 U.S.C. 5025) is amended—

(1) in subsection (a)(1), by striking ‘‘With not less than one-third of the funds 

made available’’ and inserting ‘‘With funds made available’’; and 

(2) in subsection (b), by adding after paragraph (18) the following: 

‘‘(19) Programs that strengthen community efforts in support of homeland security.’’. 

SEC. 2208. ADDITIONAL PROVISIONS. 

Title II (42 U.S.C. 5000 et seq.) is amended by adding after section 227 the following new sections: 

‘‘SEC. 228. PARTICIPATION REGARDLESS OF INCOME LEVEL. 

‘‘(a) GENERAL.—Participation in programs and activities under this title shall be 

open to seniors regardless of income level. 

‘‘(b) PARTICIPATION OF LOW-INCOME INDIVIDUALS ENCOURAGED.—Notwithstanding 

subsection (a), the Corporation shall take appropriate steps, including conducting 

outreach at the national level and requiring measures at the local level, to ensure 

the inclusion of low-income persons in programs and activities authorized under this 

title. 

‘‘SEC. 229. CONTINUITY OF SERVICE. 

‘‘To ensure the continued service of individuals in communities served by Retired 

and Senior Volunteer programs, Foster Grandparent programs, and Senior Companion programs prior to enactment of this section, in making grants under this 

title the Corporation shall take actions it considers necessary to maintain service 

assignments for such seniors and to ensure continuity of service for communities. 

‘‘SEC. 229A. TRAINING AND RESEARCH. 

‘‘From funds appropriated each fiscal year to carry out subtitle II, the Corporation 

may reserve up to $10,000,000 to support research and training designed to improve 

the effectiveness of programs supported under subtitle II.’’. 

Subtitle C—Amendments to Title IV 

(Administration and Coordination) 

SEC. 2301. NONDISPLACEMENT. 

Section 404(a) is amended by striking ‘‘displacement of employed workers’’ and inserting ‘‘displacement of employed workers or volunteers (other than participants 

under the national service laws)’’. 

SEC. 2302. DEFINITIONS. 

Section 421 (42 U.S.C. 5061) is amended—

(1) in paragraph (13), by striking ‘‘National Senior Volunteer Corps’’ and inserting ‘‘National Senior Service Corps’’; and 

(2) in paragraph (14)—

34

(A) by striking ‘‘National Senior Volunteer Corps’’ and inserting ‘‘National 

Senior Service Corps’’; and 

(B) by striking ‘‘parts A, B, C, and E of’’; 

SEC. 2303. PROTECTION AGAINST IMPROPER USE. 

Section 425 (42 U.S.C. 5065) is amended by striking ‘‘National Senior Volunteer 

Corps’’ and inserting ‘‘National Senior Service Corps’’. 

SEC. 2304. INCOME VERIFICATION. 

Title IV is amended by adding after section 425 the following new section: 

‘‘SEC. 426. INCOME VERIFICATION. 

‘‘Each organization that receives assistance under this Act may verify the income 

eligibility of volunteers based on a confidential declaration of income and with no 

requirements for verification.’’.

SEC. 2305. SECTIONS REPEALED. 

Sections 412 and 416 (42 U.S.C. 5052 and 5056), and the items relating to such 

sections in the table of contents contained in section 1(b), are repealed. 

Subtitle D—Amendments to Title V (Authorization 

of Appropriations) 

SEC. 2401. AUTHORIZATION OF APPROPRIATIONS FOR VISTA AND OTHER PURPOSES. 

Section 501 (42 U.S.C. 5081) is amended—

(1) in subsection (a)—

(A) in paragraph (1), by striking ‘‘, excluding section 109’’ and all that follows and inserting ‘‘$90,000,000 for fiscal year 2003 and such sums as may 

be necessary for each of the fiscal years 2004 through 2007.’’; 

(B) by striking paragraphs (2) and (4) and redesignating paragraphs (3) 

and (5) as paragraphs (2) and (3); and 

(C) in paragraph (2) (as redesignated by this section), by striking ‘‘, excluding section 125’’ and all that follows and inserting ‘‘$5,000,000 for fiscal 

year 2003 and such sums as may be necessary for each of the fiscal years 

2004 through 2007.’’; and 

(2) by striking subsection (e). 

SEC. 2402. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SENIOR SERVICE CORPS. 

Section 502 (42 U.S.C. 5082) is amended to read as follows: 

‘‘SEC. 502. NATIONAL SENIOR SERVICE CORPS. 

‘‘(a) RETIRED AND SENIOR VOLUNTEER PROGRAM.—There are authorized to be appropriated to carry out part A of title II, $58,884,000 for fiscal year 2003 and such 

sums as may be necessary for each of the fiscal years 2004 and 2007. 

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

carry out part B of title II, $110,000,000 for fiscal year 2003 and such sums as may 

be necessary for each of the fiscal years 2004 and 2007. 

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

carry out part C of title II, $46,563,000 for fiscal year 2003 and such sums as may 

be necessary for each of the fiscal years 2004 and 2007. 

‘‘(d) DEMONSTRATION PROGRAMS.—There are authorized to be appropriated to 

carry out part E of title II, $400,000 for fiscal year 2003 and such sums as may 

be necessary for each of the fiscal years 2004 through 2007.’’. 

SEC. 2403. ADMINISTRATION AND COORDINATION. 

Section 504 (42 U.S.C. 5084) is amended to read as follows: 

‘‘SEC. 504. ADMINISTRATION AND COORDINATION. 

‘‘There are authorized to be appropriated for the administration of this Act 

$33,568,000 for fiscal year 2003 and such sums as may be necessary for each of fiscal years 2004 through 2007.’’. 

TITLE III—AMENDMENTS TO OTHER LAWS 

SEC. 3101. INSPECTOR GENERAL ACT. 

Section 8E(a)(1) of the Inspector General Act (5 U.S.C. App.) is amended by striking ‘‘National and Community Service Trust Act of 1993’’ and inserting ‘‘National 

and Community Service Act of 1990’’. 

35

TITLE IV—TECHNICAL AMENDMENTS TO 

TABLES OF CONTENTS 

SEC. 4101. TABLE OF CONTENTS FOR THE NATIONAL AND COMMUNITY SERVICE ACT OF 1990. 

Section 1(b) of the National and Community Service Act of 1990 (42 U.S.C. 12501, 

note) is amended to read as follows:

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

‘‘Sec. 1. Short title and table of contents. 

‘‘Sec. 2. Findings and purpose. 

‘‘TITLE I—NATIONAL AND COMMUNITY SERVICE GRANT PROGRAM 

‘‘Subtitle A—General Provisions 

‘‘Sec. 101. Definitions. 

‘‘Sec. 102. Authority to make State grants. 

‘‘Subtitle B—Service Learning Programs 

‘‘PART I—SERVE-AMERICA PROGRAMS

‘‘Sec. 111. Assistance to States and Indian tribes. 

‘‘Sec. 112. Allotments. 

‘‘Sec. 113. Applications. 

‘‘Sec. 114. Consideration of applications. 

‘‘Sec. 115. Federal, State, and local contributions. 

‘‘Sec. 116. Limitations on uses of funds. 

‘‘PART II—HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY SERVICE

‘‘Sec. 119. Higher education innovation programs for community service. 

‘‘PART III—COMMUNITY-BASED PROGRAMS, TRAINING, AND INITIATIVES

‘‘Sec. 120. Community-based programs, training, and other initiatives. 

‘‘PART IV—CLEARINGHOUSE

‘‘Sec. 120A. Service-learning clearinghouse. 

‘‘Subtitle C—National Service Trust Programs 

‘‘PART I—INVESTMENT IN NATIONAL SERVICE

‘‘Sec. 121. Authority to provide assistance and approved national service positions. 

‘‘Sec. 122. Types of national service programs eligible for program assistance. 

‘‘Sec. 123. Types of national service positions eligible for approval for national service educational awards. 

‘‘Sec. 124. Types of program assistance. 

‘‘Sec. 125. Training and technical assistance. 

‘‘Sec. 126. Other special assistance. 

‘‘PART II—APPLICATION AND APPROVAL PROCESS

‘‘Sec. 129. Provision of assistance and approved national service positions. 

‘‘Sec. 129A. Pilot authority for member-based national service positions. 

‘‘Sec. 129B. Education awards program. 

‘‘Sec. 129C. Fixed amount grants. 

‘‘Sec. 130. Application for assistance and approved national service positions. 

‘‘Sec. 131. National service program assistance requirements. 

‘‘Sec. 132. Ineligible service categories. 

‘‘Sec. 133. Consideration of applications. 

‘‘PART III—NATIONAL SERVICE PARTICIPANTS

‘‘Sec. 137. Description of participants. 

‘‘Sec. 138. Selection of national service participants. 

‘‘Sec. 139. Terms of service. 

‘‘Sec. 140. Living allowances for national service participants. 

‘‘Sec. 141. National service educational awards. 

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

‘‘Sec. 145. Establishment of the National Service Trust. 

‘‘Sec. 146. Individuals eligible to receive a national service educational award from the Trust. 

‘‘Sec. 147. Determination of the amount of the national service educational award. 

‘‘Sec. 148. Disbursement of national service educational awards. 

‘‘Sec. 149. Use by participants with disabilities. 

‘‘Sec. 149A. Service-based scholarships to high school students. 

‘‘Subtitle E—National Civilian Community Corps 

‘‘Sec. 151. Purpose. 

‘‘Sec. 152. Establishment of Civilian Community Corps program. 

‘‘Sec. 153. National service program. 

‘‘Sec. 154. Summer national service program. 

‘‘Sec. 155. Civilian Community Corps. 

‘‘Sec. 156. Training. 

‘‘Sec. 157. Service projects. 

‘‘Sec. 158. Authorized benefits for Corps members. 

‘‘Sec. 159. Administrative provisions. 

36

‘‘Sec. 160. Status of Corps members and Corps personnel under Federal law. 

‘‘Sec. 161. Contract and grant authority. 

‘‘Sec. 162. Responsibilities of other departments. 

‘‘Sec. 164. Annual evaluation. 

‘‘Sec. 166. Definitions. 

‘‘Sec. 167. Emergency Response Corps. 

‘‘Subtitle F—Administrative Provisions 

‘‘Sec. 171. Family and medical leave. 

‘‘Sec. 172. Reports. 

‘‘Sec. 173. Supplementation. 

‘‘Sec. 174. Prohibition on use of funds. 

‘‘Sec. 175. Nondiscrimination. 

‘‘Sec. 176. Notice, hearing, and grievance procedures. 

‘‘Sec. 177. Nonduplication and nondisplacement. 

‘‘Sec. 178. State Commissions on National and Community Service. 

‘‘Sec. 179. Evaluation. 

‘‘Sec. 180. Engagement of participants. 

‘‘Sec. 181. Contingent extension. 

‘‘Sec. 182. Partnerships with schools. 

‘‘Sec. 183. Rights of access, examination, and copying. 

‘‘Sec. 184. Drug-free workplace requirements. 

‘‘Sec. 185. Consolidated application and reporting requirements. 

‘‘Sec. 186. Accountability for results. 

‘‘Sec. 187. Sustainability.

‘‘Sec. 188. Use of recovered funds. 

‘‘Sec. 189. Capacity building. 

‘‘Sec. 189A. Expenses of attending meetings. 

‘‘Sec. 189B. Fees. 

‘‘Sec. 189C. Grant periods. 

‘‘Sec. 189D. Generation of volunteers. 

‘‘Sec. 189E. Limitation on program grant costs. 

‘‘Sec. 189F. Notice requirement. 

‘‘Sec. 189G. Audits and reports. 

‘‘Subtitle G—Corporation for National and Community Service 

‘‘Sec. 191. Corporation for National and Community Service. 

‘‘Sec. 192. Board of Directors. 

‘‘Sec. 192A. Authorities and duties of the Board of Directors. 

‘‘Sec. 193. Chief Executive Officer. 

‘‘Sec. 193A. Authorities and duties of the Chief Executive Officer. 

‘‘Sec. 194. Officers. 

‘‘Sec. 195. Employees, consultants, and other personnel. 

‘‘Sec. 196. Administration. 

‘‘Sec. 196A. Corporation State offices. 

‘‘Subtitle H—Investment for Quality and Innovation 

‘‘Sec. 198. Additional corporation activities to support national service. 

‘‘Sec. 198A. Clearinghouses. 

‘‘Sec. 198B. Presidential awards for service. 

‘‘Sec. 198C. Military installation conversion demonstration programs. 

‘‘Subtitle I—American Conservation and Youth Corps 

‘‘Sec. 199. Short title. 

‘‘Sec. 199A. General authority. 

‘‘Sec. 199B. Limitation on purchase of capital equipment. 

‘‘Sec. 199C. State application. 

‘‘Sec. 199D. Focus of programs. 

‘‘Sec. 199E. Related programs. 

‘‘Sec. 199F. Public lands or Indian lands. 

‘‘Sec. 199G. Training and education services. 

‘‘Sec. 199H. Preference for certain projects. 

‘‘Sec. 199I. Age and citizenship criteria for enrollment. 

‘‘Sec. 199J. Use of volunteers. 

‘‘Sec. 199K. Living allowance. 

‘‘Sec. 199L. Joint programs. 

‘‘Sec. 199M. Federal and State employee status. 

‘‘Subtitle J—Senior Service Scholarships 

‘‘Sec. 199N. Authority to provide assistance and Senior Service Scholarships. 

‘‘Sec. 199O. Programs eligible for assistance. 

‘‘Sec. 199P. Grants. 

‘‘Sec. 199Q. Funds for Senior Service Scholarships. 

‘‘Sec. 199R. Eligibility to receive a Senior Service Scholarship. 

‘‘Sec. 199S. Amount of Senior Service Scholarship. 

‘‘Subtitle K—America’s Promise: The Alliance for Youth 

‘‘Sec. 199AA. Authority to provide assistance. 

‘‘Sec. 199BB. Allowable costs. 

‘‘Sec. 199CC. Corporation’s Chief Executive Officer as ex officio member of board of directors. 

‘‘TITLE II—MODIFICATIONS OF EXISTING PROGRAMS 

‘‘Subtitle A—Publication 

‘‘Sec. 201. Information for students. 

‘‘Sec. 202. Exit counseling for borrowers. 

‘‘Sec. 203. Department information on deferments and cancellations. 

‘‘Sec. 204. Data on deferments and cancellations. 

37

‘‘Subtitle B—Youthbuild Projects 

‘‘Sec. 211. Youthbuild projects. 

‘‘Subtitle C—Amendments to Student Literacy Corps 

‘‘Sec. 221. Amendments to Student Literacy Corps. 

‘‘TITLE III—POINTS OF LIGHT FOUNDATION 

‘‘Sec. 301. Short title. 

‘‘Sec. 302. Findings and purposes. 

‘‘Sec. 303. Authority. 

‘‘Sec. 304. Grants to the Foundation. 

‘‘Sec. 305. Eligibility of the Foundation for grants. 

‘‘TITLE IV—PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS 

‘‘Sec. 401. Projects. 

‘‘TITLE V—AUTHORIZATION OF APPROPRIATIONS 

‘‘Sec. 501. Authorization of appropriations. 

‘‘TITLE VI—MISCELLANEOUS PROVISIONS 

‘‘Sec. 601. Amtrak waste disposal. 

‘‘Sec. 602. Exchange program with countries in transition from totalitarianism to democracy.’’.

SEC. 4102. TABLE OF CONTENTS FOR THE DOMESTIC VOLUNTEER SERVICE ACT OF 1973. 

Section 1(b) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 note) 

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

‘‘Sec. 1. Short title; table of contents. 

‘‘Sec. 2. Volunteerism policy. 

‘‘TITLE I—NATIONAL VOLUNTEERS ANTIPOVERTY PROGRAM 

‘‘PART A—VOLUNTEERS IN SERVICE TO AMERICA

‘‘Sec. 101. Statement of purpose. 

‘‘Sec. 102. Authority to operate VISTA program. 

‘‘Sec. 103. Selection and assignment of volunteers. 

‘‘Sec. 104. Terms and periods of service. 

‘‘Sec. 105. Support service. 

‘‘Sec. 106. Participation of beneficiaries. 

‘‘Sec. 107. Participation of younger and older persons. 

‘‘Sec. 108. Limitation. 

‘‘Sec. 110. Applications for assistance. 

‘‘PART B—UNIVERSITY YEAR FOR VISTA 

‘‘Sec. 111. Statement of purpose. 

‘‘Sec. 112. Authority to operate University Year for VISTA program. 

‘‘Sec. 113. Special conditions. 

‘‘PART C—SPECIAL VOLUNTEERS PROGRAM

‘‘Sec. 121. Statement of purpose. 

‘‘Sec. 122. Authority to establish and operate special volunteer and demonstration programs. 

‘‘Sec. 123. Technical and financial assistance. 

‘‘TITLE II—NATIONAL SENIOR SERVICE CORPS 

‘‘Sec. 200. Statement of purposes. 

‘‘PART A—RETIRED AND SENIOR VOLUNTEER PROGRAM

‘‘Sec. 201. Grants and contracts for volunteer service projects. 

‘‘PART B—FOSTER GRANDPARENT PROGRAM

‘‘Sec. 211. Grants and contracts for volunteer service projects. 

‘‘PART C—SENIOR COMPANION PROGRAM

‘‘Sec. 213. Grants and contracts for volunteer service projects. 

‘‘PART D—GENERAL PROVISIONS

‘‘Sec. 221. Promotion of National Senior Volunteer Corps. 

‘‘Sec. 222. Payments. 

‘‘Sec. 223. Minority group participation. 

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

‘‘Sec. 225. Programs of national significance. 

‘‘Sec. 226. Adjustments to Federal financial assistance. 

‘‘Sec. 227. Multiyear grants or contracts. 

‘‘Sec. 228. Participation regardless of income level. 

‘‘Sec. 229. Continuity of service. 

‘‘Sec. 229A. Training and research. 

‘‘PART E—DEMONSTRATION PROGRAMS

‘‘Sec. 231. Authority of Director. 

‘‘TITLE IV—ADMINISTRATION AND COORDINATION 

‘‘Sec. 403. Political activities. 

38

‘‘Sec. 404. Special limitations. 

‘‘Sec. 406. Labor standards. 

‘‘Sec. 408. Joint funding. 

‘‘Sec. 409. Prohibition of Federal control. 

‘‘Sec. 410. Coordination with other programs. 

‘‘Sec. 411. Prohibition. 

‘‘Sec. 414. Distribution of benefits between rural and urban areas. 

‘‘Sec. 415. Application of Federal law. 

‘‘Sec. 417. Nondiscrimination provisions. 

‘‘Sec. 418. Eligibility for other benefits. 

‘‘Sec. 419. Legal expenses. 

‘‘Sec. 421. Definitions. 

‘‘Sec. 422. Audit. 

‘‘Sec. 423. Reduction of paperwork. 

‘‘Sec. 424. Review of project renewals. 

‘‘Sec. 425. Protection against improper use. 

‘‘Sec. 426. Income verification. 

‘‘TITLE V—AUTHORIZATION OF APPROPRIATIONS 

‘‘Sec. 501. National volunteer antipoverty programs. 

‘‘Sec. 502. National Senior Service Corps. 

‘‘Sec. 504. Administration and coordination. 

‘‘Sec. 505. Availability of appropriations. 

‘‘TITLE VI—AMENDMENTS TO OTHER LAWS AND REPEALERS 

‘‘Sec. 601. Supersedence of Reorganization Plan No. 1 of July 1, 1971. 

‘‘Sec. 602. Creditable service for civil service retirement. 

‘‘Sec. 603. Repeal of title VIII of the Economic Opportunity Act. 

‘‘Sec. 604. Repeal of title VI of the Older Americans Act.’’.

TITLE V—EFFECTIVE DATE AND SENSE OF 

CONGRESS 

SEC. 5101. EFFECTIVE DATE. 

Unless specifically provided otherwise, the amendments made by this Act shall 

take effect on the date of enactment. 

SEC. 5102. SERVICE ASSIGNMENTS AND AGREEMENTS. 

(a) SERVICE ASSIGNMENTS.—Changes pursuant to this Act in the terms and conditions of terms of service and other service assignments under the national service 

laws (including the amount of the education award) shall apply only to individuals 

who enroll or otherwise begin service assignments after 90 days after the date of 

enactment of this Act, except when agreed upon by all interested parties. 

(b) AGREEMENTS.—Changes pursuant to this Act in the terms and conditions of 

grants, contracts, or other agreements under the national service laws shall apply 

only to such agreements entered into after 90 days after the date of enactment of 

this Act, except when agreed upon by the parties to such agreements. 

SEC. 5103. SENSE OF CONGRESS. 

It is the sense of Congress that the Corporation should, in all of its communications, distinguish individuals receiving stipends from volunteers by— (1) referring to participants in AmeriCorps under the National and Community Service Act as ‘‘members’’; 

(2) referring to participants in the Foster Grandparents program as ‘‘Foster 

Grandparents’’; and 

(3) referring to participants in the Senior Companions program as ‘‘Senior 

Companions’’. 

SEC. 5104. RECRUITMENT AND APPLICATION MATERIALS IN LANGUAGES OTHER THAN 

ENGLISH. 

It is the sense of Congress that the programs established or authorized by this 

Act, and those which receive funding under the National and Community Service 

Act of 1990 (42 U.S.C. 12501 et seq.) or the Domestic and Volunteer Service Act 

of 1973 (42 U.S.C. 4950 et seq.) (as amended by this Act) are encouraged to provide 

recruitment and application materials in languages other than English, if applicable, in order to serve communities of limited English proficiency, and that such programs may use such funding to provide and distribute such materials.

PURPOSE

The major federally funded community service and volunteer programs in this country are authorized under two statutes: the National and Community Service Act and the Domestic Volunteer 

Service Act. H.R. 4854, the Citizen Service Act of 2002, reauthorVerDate May 23 2002 05:55 Jun 30, 2002 Jkt 099006 PO 00000 Frm 00038 Fmt 6659 Sfmt 6602 E:\HR\OC\HR521.XXX pfrm17 PsN: HR521
39

izes these national service laws through fiscal year 2007. The purposes of H.R. 4854 are to reform and strengthen programs under 

the Corporation for National and Community Service; implement 

first-time accountability measures for grantees under the national 

service laws, and make the Corporation for National and Community Service an effect outlet for leveraging volunteers and community service activities among the many service organizations across 

the country. 

COMMITTEE ACTION

SUBCOMMITTEE HEARINGS

On Thursday, April 11, 2002, the Subcommittee on Select Education held a hearing in Washington, D.C. on ‘‘The Corporation for 

National and Community Service.’’ The purpose of this hearing was 

to discuss the Administration’s ‘‘Principles and Reforms for a Citizen Service Act’’ as announced by President Bush on April 9, 2002, 

to guide the reauthorization of programs under the Corporation for 

National and Community Service. Dr. Leslie Lenkowsky, CEO for 

the Corporation for National and Community Service in Washington, D.C. and Mr. Alan Khazei, CEO for City Year in Boston, 

Massachusetts testified before the Subcommittee. 

On Thursday, April 25, 2002, the Subcommittee on Select Education held a hearing in Washington, D.C. on ‘‘Citizen Service in 

the 21st Century.’’ The purpose of this hearing was to discuss H.R. 

3465, the Call to Service Act of 2001; review other service initiatives such as Volunteer Muskegon and the Alliance for Catholic 

Education; and to discuss issues related to the reauthorization of 

programs under the Corporation for National and Community 

Service. Representatives Christopher Shays (R–CT), Tom Osborne 

(R–NE), and Harold Ford (D–TN) testified on the first panel and 

Ms. Martha Bottomley, Executive Director for Volunteer Muskegon 

in Muskegon, Michigan and Reverend Timonthy Scully, Executive 

Vice President, University of Notre Dame in Notre Dame, Indiana 

testified before the Subcommittee on the second panel. 

LEGISLATIVE ACTION

On May 24, 2002, Representatives Pete Hoekstra (R–MI), and 

Tim Roemer (D–IN) introduced H.R. 4854, the Citizens Service Act 

of 2002, a bipartisan bill to reauthorize and reform the national 

service laws through fiscal year 2007. 

On June 5, 2002, the Subcommittee on Select Education considered H.R. 4854 in legislative session and reported it favorably, as 

amended, to the Committee on Education and the Workforce by 

voice vote. The Subcommittee considered two amendments: 

• The Subcommittee adopted, by voice vote, a bipartisan substitute amendment offered by Representative Pete Hoekstra (R–MI) 

and Tim Roemer (D–IN). Specifically, the substitute amendment 

adopted by the Subcommittee: (1) makes technical and typographical corrections to the legislation; (2) limits the federal share 

of any higher education service-learning program to 50 percent 

(consistent with school-based and community-based service-learning programs); (3) ensures that higher education service-learning 

program applications contain an assurance that applicants will 

comply with nonduplication, nondisplacement, and grievance proceVerDate May 23 2002 05:55 Jun 30, 2002 Jkt 099006 PO 00000 Frm 00039 Fmt 6659 Sfmt 6602 E:\HR\OC\HR521.XXX pfrm17 PsN: HR521
40

dures under the national service laws (consistent with school-based 

and community-based service-learning programs); (4) maintains a 

current law provision that ensures that any program participant 

has received a high school diploma or its equivalent, agrees to obtain a high school diploma or its equivalent, and did not drop out 

of an elementary or secondary school to enroll in the program; and 

(5) repeals outdated references and demonstration programs. • The Subcommittee also adopted, by voice vote, an amendment 

offered by Representative Roemer (D–IN) to retain current law provisions that provide VISTA participants with federal employee status and benefits for certain purposes including retirement and 

workers compensation. 

On June 12, 2002, the Committee on Education and the Workforce considered H.R. 4854 in legislative session and reported it favorably, as amended, to the House of Representatives by voice vote. 

The Committee considered two amendments: • The Committee adopted, by voice vote, a substitute amendment offered by Representative Pete Hoekstra (R–MI). Specifically, 

the substitute amendment adopted by the Committee: (1) makes 

technical and typographical corrections to the legislation; (2) provides for a trigger for new funding allocations under the 

AmeriCorps Grants program that ensures the fiscal year 2002 

funding level for State competitive programs is maintained; (3) 

clarifies the hierarchy of ‘‘team leaders’’ and ‘‘units’’ within the National Civilian Community Corps (NCCC); (4) ensures that 

AmeriCorps participants who receive a living allowance do not displace unpaid volunteers under national service programs; (5) clarifies that programs are not required to refer individuals to federal 

or State assistance programs; (6) adds new statutory language to 

ensure that the Corporation complies with applicable audit and reporting requirements as provided in the Chief Financial Officers 

Act of 1990 and the Government Corporation Control Act of 1945; 

(7) repeals the VISTA Literacy Challenge Grants program, which 

has been supplanted by AmeriCorps and AmericCorps VISTA members who participate in educational projects; (8) includes language 

that discourages the Corporation from using the term ‘‘volunteer’’

when referring to members of participants that receive stipends or 

living allowances under the National and Community Service Act 

and the Senior Companions and Foster Grandparents program; and 

(9) includes authorizations for all programs under the Corporation 

for National and Community Service.

• The Committee also adopted, by voice vote, an en bloc amendment offered by Representative Osborne (R–NE) to ensure that underserved rural and urban areas and populations are considered for 

training and technical assistance activities. The en bloc amendment also included amendments offered by Representatives: (1) 

Keller (R–FL) to add mentoring activities to the allowable types of 

national service programs; (2) Miller (D–CA) to add grants for Volunteer Service Technology Programs to the allowable types of activities funded under the national service laws; (3) Solis (D–CA) to 

add a sense of Congress that programs under the national service 

laws are encouraged to provide recruitment and application materials in languages other than English in order to serve communities of limited English proficiency; (4) Andrews (D–NJ) to clarify 

that national service programs may assist in the placement, trainVerDate May 23 2002 05:55 Jun 30, 2002 Jkt 099006 PO 00000 Frm 00040 Fmt 6659 Sfmt 6602 E:\HR\OC\HR521.XXX pfrm17 PsN: HR521
41

ing, and recruitment of law enforcement, firefighter, rescue personnel, and disaster services trainees; and (5) Hoekstra (R–MI) to 

require grantees to report the amount and source of any federal 

funds used for living allowances other than those provided by the 

Corporation. 

SUMMARY

NATIONAL AND COMMUNITY SERVICE ACT

General Provisions.—Broadens the scope of the purpose to: (1) expand and strengthen service-learning programs to improve the education of children and youth; (2) support efforts to make the nonprofit sector more effective in meeting the unmet human, educational, environmental, and public safety needs; and (3) assist in 

coordinating and strengthening federal and other citizen service opportunities. 

Service-Learning.—Allocates not more than 50 percent for schoolbased formula programs, not more than 25 percent for higher education programs, and not less than 25 percent for community-based 

programs. 

Consolidates the current law competitive and formula grant 

school-based programs into a single funding stream and authorizes 

the Corporation to award formula grants to State educational agencies to pay for the federal share of authorized service learning activities. State educational agencies are authorized to award competitive grants to local partnerships, which include local educational agencies and public or private nonprofit organizations. 

Authorizes competitive grants for high quality school-based, community-based, and demonstration programs (including training). 

Continues support for higher education service-learning programs and ensures special consideration will be given to applications submitted by Historically Black Colleges and Universities, 

Hispanic-Serving Institutions, and Tribal Colleges and Universities. Higher education institutions applying for funding would 

have to demonstrate compliance with the community service requirements established for the Federal Work Study Program under 

the Higher Education Act. 

Continues the current law Service-Learning Clearinghouse to assist entities carrying out State or local service-learning programs 

with needs assessments and planning, and to conduct research and 

evaluations concerning service-learning. 

Authorizes $55 million for fiscal year 2003; $58 million for fiscal 

year 2004; $61 million for fiscal year 2005; $65 million for fiscal 

year 2006; and such sums as necessary for fiscal year 2007. 

AmeriCorps Grants.—Prohibits the Corporation from making 

grants to federal agencies. 

Provides for additional types of programs eligible for AmeriCorps 

grants that include: (1) an E-Corps program that involves participants who provide service in a community by developing and assisting in carrying out technology programs; (2) a program that engages citizens in public safety, public health, disaster relief and 

preparedness, and the recruitment and placing of qualified participants in positions to be trainees as law enforcement officers and 

rescue personnel; and (3) a program that expands the number of 

young people with mentors. 

42

Requires an AmeriCorps member who serves as a tutor in a program that involves elementary and secondary students to have at 

least a high school diploma (unless the tutor is a high school student) on a GED. 

Requires literacy programs to be based on scientifically based 

reading research and ensures that programs provide instruction 

based on the essential components of reading instruction as defined 

in P.L. 107–110, the No Child Left Behind Act. Also requires that 

reading tutors operate programs based on the recommendations of 

the National Reading Panel and on research from the National Institute of Child Health and Human Development. 

Requires the Corporation to establish requirements relating to 

the promotion of citizenship and civic engagement that are consistent with programs administered by the Immigration and Naturalization Service and ensures that any oath given under the national service laws is consistent with the principles of the federal 

oath of office. 

Authorizes the use of the subtitle C funds to support training 

and technical assistance for all programs authorized under the national service laws. In providing training and technical assistance, 

the Corporation shall ensure the needs of undeserved rural and 

urban areas and populations are addressed. 

Provides that each State may receive a minimum of $200,000 

and a maximum of $1 million per year to support the operation of 

its State commission on national and community service. Sets 

matching requirements on a sliding scale and modifies the requirements related to the preparation of a national and community service plan for each State to include approval by the CEO, measurable 

goals and outcomes, and identification of administrative requirements that may be waived by the Corporation in order to facilitate 

a State’s ability to carry out the plan.

Expands the authority for challenge grants to include all programs authorized under the national service laws and increases the 

private match requirement to $2 for each $1 in federal funds after 

the initial 3-year grant period. 

Allocates up to 20 percent of funds for national direct competitive 

grants; at least 35 percent of funds for State competitive grants; 

and 45 percent of funds for States by formula based on population. 

Provides for a trigger for new funding allocations under the 

AmeriCorps Grants program that ensures the fiscal year 2002 level 

for State competitive programs is maintained. Funding above the 

fiscal year 2002 level for State competitive programs would be reserved for national direct grants (up to 20 percent of total funds) 

and State formula programs (45 percent of total funds). 

Authorizes the CEO of the Corporation to reserve funds to award 

grants to public or private nonprofit organizations to increase the 

participation of individuals with disabilities. 

Authorizes the CEO of the Corporation to reserve funds to support pilot programs, such as member-based national service positions that allow participants to select community service activities. 

Requires grantees to report the amount and source of any federal 

funds used for living allowances other than those provided by the 

Corporation. 

43

Expands authority for the ‘‘education award program’’ and pro- vides for a maximum grant for operational support of $600 per 

member. 

Authorizes AmeriCorps members to engage in capacity-building 

activities, including recruiting and managing volunteers (increasing 

the involvement and participation of traditional volunteers would 

be an explicit criterion to be considered in making awards under 

national service programs). Authorizes $315 million for the AmeriCorps Grants program for 

fiscal year 2003 and such sums as may be necessary for fiscal years 

2004–2007. 

National Service Trust and Education Awards.—Provides that 

funds in the National Service Trust may be used to support service-based scholarships to high school students and scholarships for 

senior service and permits an individual to receive no more than 

the aggregate value of two full-time educational awards. Increases the amount of the education award to $5,250 and authorizes it to be used to pay for attendance at educational institutions that meet the requirements of the Montgomery GI Bill as 

well as for educational expenses at institutions of higher education 

as defined by the Higher Education Act. Authorizes the education 

award to be disbursed directly to an individual with a disability to 

pay for education, training, or other work-related activities. Authorizes $65 million for fiscal year 2003 and such sums as 

may be necessary for fiscal years 2004–2007 for the National Service Trust. The National Service Trust must have sufficient funds to 

cover the costs of education awards and other scholarships authorized under the national service laws. 

National Civilian Community Corps (NCCC).—Broadens the 

scope of the purpose to include disaster relief and authorizes higher 

education scholarships to participants in NCCC summer programs. 

Provides for the use of NCCC members with prior supervisory 

experience as Team Leaders and allows Team Leaders to receive 

an additional 10 percent of the living allowance. 

Provides authority to use subtitle E funds to make grants to support emergency response corps, including residential programs, 

that would respond to natural and other disasters and opportunities for participants to be trainees as law enforcement officers and 

rescue personnel. 

Requires consultation with State commissions when conducting 

service activities within a State and repeals a separate advisory 

board established for the NCCC. 

Authorizes $30 million for fiscal year 2003 and such sums as 

may be necessary for fiscal years 2004–2007. 

Administrative Provisions.—Prohibits funding for programs 

under the national service laws that only refer individuals to federal or State assistance programs. 

Prohibits funding for sex education programs under the national 

service laws that do not meet the general prohibitions of P.L. 107–

110, the No Child Left Behind Act. 

Requires consultation with the parents of legal guardians of children when developing and operating programs that include and 

serve children and requires the provision of the reason for and permission of the children’s parents before transporting minor children 

(consistent with State law). 

44

Adopts a uniform set of procedures governing suspension or termination of assistance under the national service laws and disputes 

about displacement under the national service laws and authorizes 

the Corporation to consolidate or modify application procedures and 

reporting requirements to promote efficiency and eliminate duplicative provisions. 

Ensures that participants who receive a living allowance do not 

displace unpaid volunteers under national service programs. 

Requires the Corporation to work with grantees to establish performance measures; requires grantees to design corrective plans if 

they fail to meet performance measures; and provides authority for 

the Corporation to reduce or terminate grants if corrections are not 

made. Authorize the Corporation to reserve 1 percent of funds to 

support program accountability. 

Authorizes the Corporation to implement measures to promote 

sustainability among programs supported under the national service laws and authorizes participants in programs to Recruit and 

manage unpaid volunteers to increase the capacity of communitybased organizations. 

Authorizes a standard grant period of three years for programs 

funded under the national service laws. 

Caps federal costs for programs under the national service laws 

at $16,000 per member. Permits the CEO of the Corporation to 

issue a waiver to assist grantees in meeting compelling needs (up 

to $18,000 for costs related to such things as the participation of 

individuals with disabilities and initial start-up costs for religious 

organizations and up to $20,000 for residential programs). Requires 

the CEO of the Corporation to report to Congress annually on all 

waivers granted. 

Requires the Corporation to ensure that a notice regarding religious nondiscrimination in hiring is included in all materials containing information regarding the application for assistance provided under the national service laws. 

Adds new statutory language to ensure that the Corporation 

complies with applicable audit and reporting requirements as provided in the Chief Financial Officers Act of 1990 and the Government Corporation Control Act of 1945 and requires the Corporation 

to report to Congress any failure to comply with the requirements 

of such audits. 

Corporation for National and Community Service.—Provides authority for the use of peer reviewers in evaluating applications 

under the national service laws. 

Ensures that Corporation personnel may not serve as voting 

members of State commissions on national and community service. 

Authorizes the Corporation to enter into personal services contracts for research, evaluation, and public awareness functions 

under the national service laws. 

Authorizes the Corporation to accept donations of services in furtherance of the national service laws. 

Authorizes $34 million for program administration for fiscal year 

2003 and such sums as may be necessary for fiscal years 2004–

2007 (up to 60 percent shall be made available to the Corporation 

for the administration of this Act and the remainder shall be made 

available to State commissions on national and community service). 

45

Investment for Quality and Innovation.—Improves the Corporation’s ability to evaluate programs and to support efforts to improve the management of nonprofit and community organizations 

including those in underserved rural and urban areas. 

Authorizes the CEO of the Corporation to award unsolicited discretionary grants, consistent with the national service laws (including accountability measures and general prohibitions) to support 

greater engagement of citizens in service and volunteerism. 

Authorizes the Corporation to award grants to assist Internet 

volunteer recruiting entities to locate, promote, and match volunteers with local service and volunteer organizations. Authorizes $30 million for fiscal year 2003 and such sums as 

may be necessary for fiscal years 2004–2007. 

Senior Service Scholarships.—Authorizes a senior scholarship to 

support tutoring, mentoring, and other service by seniors, who may 

receive a $1,000 scholarship. States, Indian tribes, other public 

agencies, and nonprofit organizations are eligible to apply for 

grants under this subtitle. Authorizes $30 million for fiscal year 2003 and such sums as 

may be necessary for fiscal years 2004–2007 ($12 million is authorized under this subtitle for the Corporation to provide up to $600 

in operational support per participant and $18 million is reserved 

in the National Service Trust for the scholarships). 

America’s Promise.—Authorizes grants to America’s Promise to 

support its activities relating to mobilizing communities to ensure 

that youth become productive, responsible adults. 

Authorizes $7.5 million for fiscal year 2003 and such sums as 

may be necessary for fiscal years 2004–2007. 

Points of Light Foundation.—Broadens the purpose to include 

references to volunteer service and Volunteer Centers. 

Authorizes the Foundation to use up to 25 percent of funds provided each year to support an endowment fund (the interest of 

which may be used to support authorized activities). 

Authorizes the Foundation to make subgrants to support the development and ongoing work of Volunteer Centers. Authorizes $10 million for fiscal year 2003 and such sums as 

may be necessary for fiscal years 2004–2007. 

DOMESTIC VOLUNTEER SERVICE ACT

Volunteers in Service to America (VISTA).—Retains current law 

that provides VISTA participants with federal employee status and 

benefits for certain purposes including retirement and workers 

compensation. 

Increases flexibility in operational programming authority for 

issues such as weekly time commitment of participants, resolution 

of participant complaints, and funding community service projects. 

Phases in (over 4 years and with GAO review) changes to the current law term of service requirements that would allow participants greater flexibility in the amount of time they serve (under 

current law a 12-month commitment—that is 24 hours a day and 

7 days a week—is required). Under these phased-in changes, 

VISTA projects can allow participants greater flexibility in off-duty 

hours to pursue personal activities during the period of service 

(such as higher education courses and part-time employment to 

supplement the living allowance). 

46

Repeals the VISTA Literacy Corps and the VISTA Literacy Challenge Grants program, which have been supplanted by AmeriCorps 

and AmeriCorps VISTA members who participate in education 

projects. 

Authorizes $90 million for fiscal year 2003 and such sums as 

may be necessary for fiscal years 2004–2007. 

National Senior Service Corps.—Broadens scope of purpose to 

add emphasis on community needs and research and provides that 

all Senior Corps programs are open to individuals 55 and older 

(current law is 60). 

Provides that a stipend may be made available to a participant 

with an income that is up to 200 percent of poverty. Under current 

law the eligibility threshold is 125 percent of poverty, which is 

$11,075 for a single person for 2002; the new 200 percent threshold 

would be $17,720 (higher for couples, and adjusted upward in Alaska and Hawaii). The provision would also allow the Director to use 

up to 15 percent of funds for participants with incomes above 200 

percent of poverty as long as the program, following innovative efforts to recruit, is not able to effectively recruit and place low-income participants. The prohibition on using federal funds to manage, train, and support over-income volunteers who want to participate in the program without receiving a stipend is removed. Seniors may self-certify income levels. 

Continues authority to make grants to support the Retired and 

Senior Volunteer Program (RSVP), the Foster Grandparent program, and the Senior Companion program. Authorizes the Director 

to support Senior Corps leaders who, on the basis of past experience as volunteers, special skills, and demonstrated leadership 

abilities, may coordinate activities, including training, and otherwise support the service of volunteers. 

Authorizes the Corporation to reserve up to $10 million to support research and training related to Senior Corps. 

Ensures continued service opportunities for individuals serving 

in Retired and Senior Volunteer programs, Foster Grandparent 

programs, and Senior Companion programs. 

Authorizes $58.8 million for RSVP, $110 million for the Foster 

Grandparent program, and $46.5 million for the Senior Companion 

program for fiscal year 2003 and such sums as may be necessary 

for all programs for fiscal years 2004–2007. 

Administration and Coordination.—Ensures that participants 

who receive a living allowance do not displace unpaid volunteers 

under the Domestic Volunteer Service Act. 

Authorizes $33.5 million for program administration for fiscal 

year 2003 and such sums as may be necessary for fiscal years 

2004–2007. 

Sense of Congress.—It is the sense of Congress that the Corporation should, in all of its communications, distinguish individuals receiving stipends from volunteers by: (1) referring to participants in 

AmeriCorps under the National and Community Service Act as 

‘‘members’’; (2) referring to participants in the Foster Grandparents 

program as ‘‘Foster Grandparents’’; and (3) referring to participants 

in the Senior Companions program as ‘‘Senior Companions’’. 

It is the sense of Congress that programs under the national 

service laws are encouraged to provide recruitment and application 

47

materials in languages other than English in order to serve communities of limited English proficiency. 

COMMITTEE VIEWS

The Retired and Senior Volunteer Program (RSVP), the Foster 

Grandparent Program, and the Senior Companion Program (which 

comprise the Senior Service Corps today) were created in the 

1960’s to engage older Americans in the work of improving the nation. In 1969, as part of the ‘‘War on Poverty,’’ President Lyndon 

B. Johnson created Volunteers in Service to America (VISTA). 

VISTA provides opportunities for Americans to serve full-time to 

help bring individuals and communities out of poverty. The Domestic Volunteer Service Act of 1973 authorized the ACTION Agency, 

which administered VISTA and the Senior Service Corps for the 

next two decades. 

The expanding service movement led to the passage of the National and Community Service Act of 1990. This legislation, signed 

by President George H.W. Bush, created both a private, nonprofit 

organization—the Points of Light Foundation—and a new independent federal agency, the Commission on National and Community Service. Through grants and national coordination, the Commission supported four types of service programs: service-learning 

programs for school-aged youth, higher-education service programs, 

youth corps, and national service demonstration models. 

In 1992, the National Civilian Community Corps (NCCC) was 

created as a demonstrated program to explore the possibility of 

using post-Cold War military resources to help solve problems in 

the United States. The NCCC, enacted as part of the 1993 Defense 

Authorization Act, is a residential service program modeled on the 

Depression-era Civilian Conservation Corps and the United States 

military. 

On September 21, 1993, President William J. Clinton signed the 

National and Community Service Trust Act of 1993 into law. This 

legislation created Americorps and the Corporation for National 

and Community Service to oversee national service efforts and to 

help provide Americans of all ages and backgrounds with opportunities to give back to their communities and their nation through 

service. More than 2 million Americans serve each year through 

the corporation’s three main programs: AmeriCorps, Senior Corps, 

and Learn and Serve America. 

In his State of the Union address on January 29, 2002, President 

George W. Bush called on all Americans to serve their country for 

the equivalent of two years over their lifetime and announced the 

creation of the USA Freedom Corps. The USA Freedom Corps has 

three major components: a newly created Citizen Corps to engage 

citizens in homeland security; an improved and enhanced 

AmeriCorps and Senior Corps under the Corporation for National 

and Community Service; and a strengthened Peace Corps. Under 

an Executive Order signed by the President, this citizen service initiative is managed by a new USA Freedom Corps Council and an 

Assistant to the President within the White House. The Committee 

on Education and the Workforce only has jurisdiction over provisions pertaining to the Corporation for National and Community 

Service. 

48

On April 9, 2002, President Bush unveiled his ‘‘Principles and 

Reforms for a Citizen Service Act’’ to guide the reauthorization of 

programs under the Corporation for National and Community 

Service. Specifically, the President called for legislation to: (1) support and encourage greater engagement of citizens in volunteering; 

(2) make federal funds more responsive to State and local needs; 

(3) make federal support more accountable and effective; and (4) 

provide greater assistance to community-based organizations 

(which include religious organizations). Since then, the Committee 

on Education and the Workforce has worked in a bipartisan manner and with the Administration to craft legislation to reform and 

enhance national service. 

On May 24, 2002, Representatives Pete Hoekstra (R–MI) and 

Tim Roemer (D–IN) introduced H.R. 4854, the Citizen Service Act 

of 2002, in response to the President’s call for a bill to reauthorize 

the national service laws. H.R. 4854 will reform and strengthen 

programs under the Corporation for National and Community 

Service; implement first-time accountability measures for grantees 

under the national service laws; and make the Corporation for National and Community Service an effective outlet for leveraging 

community service among the many service organizations across 

the country. H.R. 4854 also addresses several specific issues that 

will help to improve national service provisions found in current 

law. 

NATIONAL AND COMMUNITY SERVICE ACT

Under current law, the National and Community Service Act authorizes four programs: AmeriCorps Grants, the National Civilian 

Community Corps, Learn and Serve America, and the Points of 

Light Foundation. 

Purpose 

H.R. 4854 broadens the scope of the purpose of the National and 

Community Service Act to: (1) expand and strengthen servicelearning programs to improve the education of children and youth; 

(2) support efforts to make the nonprofit sector more effective in 

service activities; and (3) assist in coordinating and strengthening 

federal and other citizen service opportunities, including opportunities for participation in homeland security preparedness and response, law enforcement and rescue service activities, other areas 

of public and social service, and international service. 

Americans are increasingly answering the President’s call to participate in community service. Shortly after the tragic September 

11 attacks, applications to AmeriCorps increased by more than 50 

percent, and interest in Senior Corps programs has risen substantially. The spirit of community service in our country is stronger 

than ever because of the tragedy our nation has endured. 

The Committee recognizes this situation and includes emergency 

preparedness and homeland security activities under H.R. 4854. 

Continued safety threats and possible future attacks have increased demands upon our nation’s safety, health, and emergency 

preparedness systems. Accordingly, the Committee encourages the 

Corporation to consult with regional, State, and local officials regarding homeland security activities funded under this Act and to 

appropriately fund these activities. 

49

Service-learning 

Service-learning is designed to involve students in community 

service projects that address local needs in education, public safety, 

human services, and the environment in ways that benefit both the 

student and the community. Service-learning programs also encourage and foster collaboration among many organizations and institutions including schools, community-based organizations, religious organizations, institutions of higher education, and others to 

meet local and community needs. Under current law: 

• 63.75 percent of funds are reserved for school-based programs (which help schools create service-learning initiatives 

that involve elementary and secondary school students in community service that is integrated with their academic curricula); 

• 25 percent of funds are reserved for higher education programs (which help institutions of higher education and nonprofit organizations to create service-learning initiatives that 

involve postsecondary school students in community service 

that complements their academic studies); and 

• 11.25 percent of funds are reserved for community-based 

programs (which help community groups create service-learning initiatives that involve elementary and secondary school 

students in community service). 

A 1999 U.S. Department of Education study entitled, ‘‘ServiceLearning and Community Service in K–12 Public Schools,’’ and 

conducted by the National Center for Education Statistics found 

that service and service-learning classes and activities are a growing trend in public elementary and secondary education. The study 

found that 32 percent of all public schools organized service-learning as part of their curriculum and that 57 percent of all public 

schools organized community service activities for their students. 

H.R. 4854 allocates 50 percent of funds under this subtitle for 

school-based programs. It consolidates the current law competitive 

and formula grant school-based programs (current law reserves 25 

percent for federal competitive grants and 75 percent for formula 

grants to State educational agencies) into a single funding stream 

and authorizes the Corporation to award formula grants to State 

educational agencies (50 percent based on the population of schoolage youth and 50 percent based on title I of the Elementary and 

Secondary Education Act) to pay for the federal share (which may 

not exceed 50 percent) of authorized service-learning activities. 

SEAs are authorized to award competitive grants to local partnerships, which include local educational agencies and public or private nonprofit organizations. Authorized school-based activities include: 

• Planning and building the capacity within the State to implement service-learning programs that are based principally 

in elementary and secondary schools; and 

• Implementing, operating, or expanding school-based service-learning programs to utilize service-learning to improve 

academic achievement. 

H.R. 4854 allocates up to 25 percent of funds under this subtitle 

for innovative higher education programs for community service. It 

also allows higher education institutions to participate through a 

50

payment in cash or in kind (including facilities, equipment, or services). 

The Committee notes that special consideration will be given to 

higher education service-learning applications submitted by Historically Black Colleges and Universities, Hispanic-Serving Institutions, and Tribal Colleges and Universities. In recognition of these 

institutions’ unique role in providing college opportunities to underserved groups of students, both the Higher Education Act and this 

Act provide opportunities for additional assistance to these institutions and their students. The Committee believes it is important to 

provide these institutions a special consideration in the servicelearning grant application process in order to support additional 

educational opportunities for the students being served. 

The President’s ‘‘Principles and Reforms for a Citizen Service 

Act’’ noted that the Federal Work Study program has as a purpose ‘‘to encourage students receiving Federal student financial aid to 

participate in community service activities that will benefit the Nation and engender in the students a sense of social responsibility 

and commitment to the community.’’ However, the Principles note, ‘‘current law requires that colleges and universities place only 7 

percent of Work Study students in community service positions. 

Even so, many colleges and universities fail to meet this very minimal requirement.’’ Therefore, higher education institutions applying for funding would have to demonstrate compliance with the 

community service requirements established for the Federal Work 

Study Program under the Higher Education Act in order to be eligible to receive a grant. 

The Administration’s proposal recommended that the Higher 

Education Act be amended to ‘‘require every college and university 

to increase, over several years, the percentage of Federal Work 

Study funds devoted to community service to 50 percent.’’ The 

Committee is not addressing this specific proposal in this legislation because it is more appropriately considered in the context of 

the reauthorization of the Higher Education Act. 

Finally, H.R. 4854 allocates not less than 25 percent of funds 

under this subtitle for community-based programs. The Corporation is authorized to award competitive grants for high quality 

school-based, community-based, and demonstration programs 

which may include training for service-related activities. Specifically, the bill authorizes the Corporation to award grants to eligible 

entities (public or private nonprofit organizations; State educational agencies; State commissions on national and community 

service; and institutions of higher education) to: 

• Conduct community-based programs that provide for 

meaningful human, educational, environmental, or public safety service by school-age participants; 

• Provide training or technical assistance to support servicelearning; 

• Involve students in emergency preparedness and homeland 

security activities; 

• Promote the recognition of students who perform outstanding community service and schools that have implemented outstanding service-learning programs; and 

• Carry out demonstration programs, research, and evaluation related to service-learning. 

51

In 2000, the W.K. Kellogg Foundation appointed the National 

Commission on Service-Learning to study the current state of service-learning in American schools. The Commission, chaired by 

former United States Senator John Glenn and co-sponsored by the 

John Glenn Institute for Public Service and Public Policy at Ohio 

State University, made four specific recommendations to achieve 

the broad goal of making service-learning a universal experience in 

American public schools: 

1. Reclaim the public purpose of education by expanding the 

definition of student achievement to include students’ community contributions; 

2. Increase policy, program and financial supports for service-learning in K–12 education; 

3. Develop a comprehensive system of professional development regarding service-learning; and 

4. Provide meaningful leadership roles for youth in all aspects of service-learning. 

The Committee also recognizes the accomplishments of the Do 

Something organization in engaging students in community-building and leadership activities in urban, rural, and suburban school 

districts around the country. Do Something is a national nonprofit 

service, learning organization that inspires young people to believe 

that change is possible, and trains, funds, and mobilizes them to 

be leaders who measurably strengthen their communities. The 

Committee notes that Do Something was invited to the White 

House by the Bush Administration to provide suggestions for the 

creation of the USA Freedom Corps and is working on servicelearning projects to offer young people positive ways to commemorate the September 11 attacks. 

H.R. 4854 also continues the current law Service-Learning Clearinghouse to assist entities carrying out State or local service-learning programs with needs assessments and planning, and to conduct 

research and evaluations concerning service-learning. 

AmeriCorps grants 

In fiscal year 2001, AmeriCorps received appropriated funds to 

support over 900 programs and approximately 43,000 members. 

AmeriCorps members mobilize, manage, and train unpaid volunteers to assist nonprofit groups and public agencies across the 

country. The members, and the volunteers they help organize, 

teach children to read, make neighborhoods safer, and help build 

affordable homes for low-income families, among many other activities. When a new class of members enrolls this fall, more than 

250,000 Americans 18 and older will have participated in 

AmeriCorps since it was created in 1993. 

H.R. 4854 makes several specific changes to subtitle C to reform 

AmeriCorps provisions found in current law. Those include: 

• Requiring a High School Degree for Tutors.—Requires an 

AmeriCorps member who serves as a tutor in a program that involves elementary and secondary students to have at least a high 

school diploma (unless the tutor is a high school student) or a 

GED. The Committee believes it is essential that tutors meet minimum education requirements to ensure that they provide quality 

educational assistance. 

52

• Requiring Scientifically Based Literacy Programs.—Requires 

literacy programs under the national service laws to be based on 

scientifically based reading research and ensures that programs 

provide instruction based on the essential components of reading 

instruction as defined in P.L. 107–110, the No Child Left Behind 

Act. H.R. 4854 also requires that reading tutors operate programs 

based on the recommendations of the National Reading Panel and 

on research from the National Institute of Child Health and 

Human Development consistent with the requirements of P.L. 107–

110, the No Child Left Behind Act. H.R. 4854 continues the President’s focus on literacy programs and his efforts to ensure that all 

children read well and independently by the third grade. The Committee believes that it is important that literacy programs under 

the national service laws be consistent with reading instruction 

children receive in the classroom. Accordingly, H.R. 4854 provides 

authority to expand the number of literacy programs, while also 

ensuring that children participate in high quality reading programs 

and receive competent reading instruction as defined by the No 

Child Left Behind Act. 

• Ensuring Sound Citizenship Training.—Directs the Corporation to establish requirements relating to the promotion of citizenship and civic engagement that are consistent with programs administered by the Immigration and Naturalization Service. Building on a pilot effort that began in fiscal year 2001, the Committee 

encourages the Corporation to continue efforts to promote and ensure that citizenship skills are a key ingredient in the activities of 

every AmeriCorps member. H.R. 4854 also ensures that any oath 

given under the national service laws is consistent with the principles of the federal oath of office. 

• Training and Technical Assistance.—Authorizes the use of subtitle C funds to support training and technical assistance for all 

programs authorized under the national service laws. In providing 

training and technical assistance, the Committee encourages the 

Corporation to use a portion of these funds to improve access to 

service opportunities in rural and other underserved areas. The 

Committee believes that an increased focus on training and technical assistance activities will greatly benefit small community organizations and religious organizations that have not participated 

in programs under the national service laws in the past. 

• Funding Allocations.—Ensures that 80 percent of funds for 

AmeriCorps programs are administered at the State level (the remaining 20 percent of funds is held at the federal level for competitive grants for organizations such as Habitat for Humanity, Teach 

for America, the American Red Cross, Boys and Girls Clubs, and 

others). H.R. 4854 provides that a significant majority of funds 

under this subtitle are managed by States and local organizations 

in order to allow these programs to respond to local needs and priorities. Specifically, H.R. 4854 allocates: 

• Up to 20 percent of funds for national direct competitive 

grants; 

• At least 35 percent of funds for State competitive grants; 

and 

• 45 percent of funds for States by formula based on population. 

53

• Flexibility in Selecting Service Activities.—Provides new authority for the CEO of the Corporation to reserve funds to support 

member-based national service positions that allow AmeriCorps 

members to select their own community service activities. The Corporation is required to ensure that groups receiving grants under 

this authority are capable of providing the financial management 

and programmatic oversight necessary to ensure compliance with 

this Act. Providing authority for members to choose service activities that comply with new accountability requirements continues 

the Committee’s efforts to ensure that local organizations and individuals have sufficient authority to make decisions about community service activities. 

• Reporting Requirement.—Requires grantees to report the 

amount and source of any federal funds used for living allowances 

other than those provided by the Corporation. The Committee believes that it is appropriate and necessary for Congress to be made 

aware of how programs under the national service laws are supported. Specifically, current law provides that the federal government pays 85 percent of the costs associated with an AmeriCorps 

member’s living allowance. However, this amount may be paid by 

the Corporation, other federal agencies, or a combination of both. 

This new reporting requirement will allow for detailed information 

on which federal programs support the living allowance costs, and 

to what extent the various federal programs provide assistance. 

This information is necessary to ensure an accurate picture of the 

costs of national service programs. 

• Types of National Service Programs.—Provides for the following additional types of programs eligible for AmeriCorps grants: 

• An E-Corps program that involves participants who provide service in a community by developing and assisting in carrying out technology programs;

• A program that engages citizens in public safety, public 

health, disaster relief and preparedness, and the recruitment 

and placing of qualified participants in positions to be trainees 

as law enforcement officers and rescue personnel; and 

• A program that expands the number of young people with 

mentors. 

The Committee encourages the Corporation to work with the network of State Mentoring Partnerships to ensure that mentoring 

programs have access to high-quality resources, volunteers, and 

best practices that lead to high-quality mentoring programs and an 

increased number of young people served by mentoring relationships. Research on mentoring has shown that overall, youth participating in mentoring relationships improve their academic performance, are less likely to become involved in drug and alcohol 

abuse, and have positive social attitudes and stronger relationships 

with their families, teachers, and peers. Research also demonstrates that screening, orientation, and training, along with support and supervision, were all essential in establishing longer and 

closer mentoring relationships, which lead to greater benefits for 

young people. However, while an estimated 15.7 million young people could benefit from mentoring, there are only between 500,000 

to 750,000 children who currently have a mentor. By utilizing the 

resources of State Mentoring Partnerships, the Committee hopes to 

54

strengthen mentoring programs, leading to more young people benefiting from high quality mentoring relationships. 

• Cooperative Agreements.—H.R. 4854 prohibits the Corporation 

from awarding grants to other federal agencies. This prohibition 

maintains each federal agency’s accountability to its authorizing 

and appropriations committees. However, H.R. 4854 preserves the 

Corporation’s authority to support service programs conducted by 

states and non-profit organizations—such as those homeland security, disaster response, restoring public lands, and rehabilitating 

public housing and urban recreational areas—by establishing cooperative agreements with other agencies. 

For example, President Bush has called for eliminating the $5 

billion backlog in maintenance in our national parks. Youth conservation corps are a proven, cost-effective approach to maintaining 

public lands while exposing young people to public service and the 

Nation’s natural treasures. The Committee encourages the Corporation to support such cooperative projects. 

National Service Trust and education awards 

The National Service Trust, created in 1993, is a special account 

in the U.S. Treasury from which educational awards are made for 

eligible participants in AmeriCorps, the National Civilian Community Corps, and VISTA. To receive an award, a participant must: 

(1) successfully complete the required term of service for the program in which he or she is enrolled; (2) be at least 17 years old 

at the time the service period begins; (3) at the time the award is 

used, have received a high school diploma or equivalent, be enrolled at an institution of higher education in a program leading to 

a recognized credential and maintain satisfactory progress, or have 

received a waiver from these requirements; and (4) be a citizen or 

national of the United States or lawful permanent resident alien of 

the United States. H.R. 4854 amends subtitle D to: 

• Permit an individual to receive no more than the aggregate value of two full-time educational awards; 

• Increase the amount of the education award to $5,250 (the 

award has been fixed at $4,725 since fiscal year 1993); and 

• Provide that the educational award may be used to pay for 

attendance at educational institutions that meet the requirements of the Montgomery GI Bill as well as for educational expenses at institutions of higher education as defined by the 

Higher Education Act. 

The Committee believes it is important to increase the education 

award, especially as it has not been increased since it was created 

in 1993, to support the educational endeavors of national service 

participants. The Committee recognizes that the cost of education 

is rising. The increase in the amount of the education award will 

provide additional funds for those pursuing a post-secondary education. 

The Committee also believes that eliminating taxation of Education Awards would create greater educational opportunities for 

AmeriCorps members. However, the Committee recognizes that 

this issue is outside of its jurisdiction. 

55

National Civilian Community Corps (NCCC) 

The National Civilian Community Corps (NCCC) is a federally 

operated 10-month residential program for youth ages 18–24 who 

are citizens, nationals, or lawful permanent residents aliens of the 

United States. NCCC participants address needs in the areas of 

education, public safety, environment, human needs, and disaster 

relief. NCCC participants live in one of five regional campuses: 

Washington, DC (Capital Region), Perry Point, MD (Northeast Region), Charleston, SC (Southeast Region), Denver, CO (Central Region), and San Diego, CA (Western Region). H.R. 4854 amends subtitle E to: • Broaden the scope of the purpose to include disaster relief; • Authorize higher education scholarships to participants in 

NCCC summer programs who do not meet the age requirements for an education award; • Provide for the use of NCCC members with prior supervisory experience as Team Leaders and allows Team Leaders 

to receive an additional 10 percent of the living allowance; and • Provide authority to use subtitle E funds to make grants 

to support emergency response corps, including residential programs, that would respond to natural and other disasters and 

opportunities for participants to be trainees as law enforcement officers and rescue personnel.

Administrative provisions 

Subtitle F includes provisions that generally apply to all of the 

national service laws authorized under this Act. H.R. 4854 adds 

several provisions to this subtitle to reform procedures and activities authorized under current law. Those include: • Implementing Accountability Measures.—Requires the Corporation to work with all grantees to establish performance measures; 

requires grantees to design corrective plans if they fail to meet performance measures; and provides new authority for the Corporation to reduce or terminate grants if corrections are not made. Because of past fraud and abuse, the need for accountability measures was discussed during the April 11, 2002, Subcommittee on Select Education hearing on ‘‘The Corporation for National and Community Service.’’ Dr. Lenkowsky, CEO for the Corporation, testified:

To be effective, the organizations with which we work 

must understand that failure to meet performance goals 

will have consequences. Although there is much that can 

be dome administratively in this area, the statute can 

make this expectation permanent and more forceful.

The Committee recognizes the need for strong accountability 

measures and H.R. 4854 supports the Administration’s call for statutory accountability requirements. 

• Limiting Program Costs.—Under current law, there is no statutory limit on the amount of money the federal government may 

spend to support individual participants among various programs. 

Accordingly, H.R. 4854 provides for a new statutory cap of $16,000 

on federal costs per participant for programs under the national 

service laws. In addition, the new provision permits the CEO of the 

Corporation to issue a waiver to assist grantees in meeting compelVerDate May 23 2002 05:55 Jun 30, 2002 Jkt 099006 PO 00000 Frm 00055 Fmt 6659 Sfmt 6602 E:\HR\OC\HR521.XXX pfrm17 PsN: HR521
56

ling needs (up to $18,000 for costs related to such things as the 

participation of individuals with disabilities and initial start-up 

costs for religious organizations and up to $20,000 for residential 

programs). H.R. 4854 also requires the CEO of the Corporation to 

report to Congress annually on all waivers granted. 

The Committee recognizes the efforts of the Corporation to reduce costs over the last several years, which include spending targets and reports on the average budgeted cost per AmeriCorps 

member. However, the Committee believes that a new statutory 

spending limit is appropriate and necessary to ensure fiscal discipline during the 5-year authorization of this Act. The new statutory cap on federal spending per member is also intended to make 

it clear that State, local, foundation, and private funds should be 

combined with federal dollars in implementing Corporation programs. • Referrals for Federal Assistance and Coordination.—Prohibits 

funding for programs under the national service laws that only 

refer individuals to federal or State assistance programs. The Committee wishes to clarify that while national service programs cannot operate solely to refer individuals to federal assistance programs, there is no requirement that national service programs provide for such referrals. The Committee also notes that while current law encourages a State commission on national and community service or alternative administrative entity to coordinate activities funded under the national service laws with activities of 

other State agencies administering federal financial assistance programs, this coordination may not be the only goal of a program (??). • Protecting and Encouraging Unpaid Volunteers.—Authorizes 

AmeriCorps members to engage in capacity-building activities, including recruiting and managing unpaid volunteers. The Committee notes that increasing the involvement and participation of 

unpaid volunteers is a new explicit criterion to be considered in 

making awards under national service laws. H.R. 4854 also ensures 

that AmeriCorps members who receive a living allowance do not 

displace unpaid volunteers under national service programs. For 

fiscal year 2002, program guidance issued by the Corporation explicitly stated that a fundamental purpose of AmeriCorps is to help 

mobilize, support, and manage the vast networks of volunteers assisting non-profit organizations. The Committee applauds these efforts and encourages the Corporation to focus on an applicant’s 

ability to leverage unpaid volunteers when awarding grants under 

the national service laws. 

• Notice Requirement.—Current law prohibits any individual 

with responsibility for operating a project that receives funds under 

the national service laws from discriminating on the basis of religion against a member of the staff of such project who is paid with 

funds received under the national service laws unless such staff 

member was employed with the organization operating the project 

on the date the grant was awarded. The language of section 175(c) 

and section 417(c) only applies to individuals hired with federal 

funds after the date a grant has been awarded. It does not apply 

to individuals who are paid with federal funds, but who were employed by a religious organization prior to the awarding of the 

grant. At the time the National and Community Service Act was 

originally under consideration, Congress was attempting to strike 

57

a Constitutionally permissible balance, under the prevailing law of 

the time, between permitting faith-based organizations to participate in federally funded community service programs and ensuring 

that federal funds are not used for the promotion of religion. 

Section 417(c) of the Domestic Volunteer Service Act of 1973 was 

amended to contain the current restriction as part of the Act 

amending the National and Community Service Act of 1990 in 

which the language of section 175(c) was restated (Public Law 103– 82). 

Section 175(c) and section 417(c) predates more recent Acts designed to invite faith-based organizations into federal social service 

efforts by allowing them, among other things, to retain their exemption under section 702(a) of the Civil Rights Act of 1964, which 

allows them to staff on a religious basis. These more recent Acts 

recognize that ‘‘[i]n its most recent decisions [,] the [Supreme] 

Court appears to have abandoned the presumption that some religious institutions * * * are so pervasively sectarian that they are 

constitutionally ineligible to participate in direct public aid programs.’’ (See Congressional Research Service, Charitable Choice: 

Constitutional Issues and Developments Through the 106th Congress (December 27, 2000) at 29.)

While H.R. 4854 as reported by the Committee does not repeal 

section 175(c) or section 417(c), it does require the Corporation for 

National and Community Service to provide specific notice (as detailed in the proposed section 189F) to grant applicants and recipients regarding the restrictions contained in section 175(c) and section 417(c) of current law. 

Staffing provisions in H.R. 4854 and the underlying statute are 

subject to the Religious Freedom Restoration Act (42 U.S.C. 2000bb 

et seq.) (‘‘RFRA’’), which provides that ‘‘[g]overnment shall not substantially burden a person’s exercise of religion’’ unless the burden ‘‘is in furtherance of a compelling governmental interest’’ and ‘‘is 

the least restrictive means of furthering’’ such interest. RFRA has 

been upheld by the federal circuit courts of appeal as applied to 

federal laws and requirements. See, e.g., Sutton v. Providence St. 

Joseph Med. Ctr., 192 F.3d 826, 832 (9th Cir. 1999) (finding that 

the application of federal copyright laws did not violate RFRA); In 

re Young, 141 F.3d 854, 856 (8th Cir. 1998) (holding that Congress 

had the authority to compel strict scrutiny with regard to federal 

affairs and therefore RFRA continues to apply to federal bankruptcy laws in spite of Boerne), cert. denied 525 U.S. 811; see also 

Adams v. Comm’r, 170 F.3d 173, 175 n.1 (3d Cir. 1999) (noting that 

‘‘courts that have addressed the question . . . have found that 

RFRA is constitutional as applied to the federal government’’), cert. 

denied, 528 U.S. 1117 (2000); Alamo v. Clay, 137 F.3d 1366, 1368 

(D.C. Cir. 1998) (assuming that RFRA continues to apply to the 

federal government); Kikumura v. Hurley, 242 F.3d 950, 960 (10th 

Cir. 2001) (‘‘RFRA as applied to the federal government is severable from the portion of RFRA declared unconstitutional [by the 

Supreme Court], and independently remains applicable to federal 

officials.’’). 

The Committee does not recommend that the notice requirement 

contained in section 189F be adopted in any other context. 

• Audits and Reports.—The Committee notes that fiscal year 

2000 was the first year the Corporation received an unqualified 

58

opinion on its financial statements. The fiscal years 2001 audit 

showed that the Corporation received a clean opinion for the second year in a row. However, due to numerous problems with audits 

that prior to fiscal year 2000, H.R. 4854 adds new statutory language to ensure that the Corporation complies with applicable 

audit and reporting requirements under current law and requires 

the Corporation to report to Congress any failure to comply with 

the requirements of such audits. The Committee believes these provisions complement the new accountability measures that apply to 

grantees under the national service laws. • Co-location.—In order to ensure compliance with the ineligible 

service categories in section 132 and prohibited activities in section 

174, the Committee urges the Corporation to develop guidelines for 

grantees and program sponsors regarding the placement of national service participants in buildings, offices, and other facilities 

where such prohibited activities occur. The Committee does not intend to prohibit the use of donated space. 

Internet recruiting 

H.R. 4866 amends subtitle H to permit the Corporation for National Service to support Internet volunteer databases. Federal resources would be matched by local funds, and would allow these 

databases to meet growing demands for service opportunities in 

America. 

The Internet has become a leading method of volunteer recruitment. After President Bush’s call to service, hundreds of thousands 

of Americans turned to the Internet to search for volunteer opportunities. Seventy million Americans want to be more involved in 

charitable activities, but are hampered by a lack of available information. 

Senior service scholarships 

H.R. 4854 authorizes a new senior scholarship to support tutoring, mentoring, and other service by seniors, who may receive a 

$1,000 scholarship. States, Indian tribes, other public agencies, and 

nonprofit organizations are eligible to apply for grants under this 

subtitle. The Committee notes that President Bush supports the 

expansion of senior-service programs and activities and has put 

forth several new proposals for attracting seniors to service. The 

Committee recognizes the expanding population of seniors in the 

country and supports the President in his efforts to create new 

roles and opportunities for this segment of our population. The 

Committee also recognizes that seniors have valuable life experiences that can help in mentoring or tutoring children. Accordingly, 

H.R. 4854 contains new authority for senior scholarships that provide an incentive for seniors to serve under the national service 

laws. 

America’s promise 

America’s Promise was founded after the Presidents’ Summit for 

America’s Future, April 27–29, 1997 in Philadelphia. Presidents 

Clinton, Bush, Carter, and Ford, with First Lady Nancy Reagan 

representing her husband, challenged the nation to make youth a 

national priority. Since then, America’s Promise has created a diverse and growing alliance of nearly 500 national organizations 

59

called partners, which make large-scale national commitments to 

fulfill one or more of the five promises: 

1. Ongoing relationships with caring adults—parents, mentors, tutors or coaches; 

2. Safe places with structured activities during nonschool 

hours; 

3. A healthy start for adulthood; 

4. Marketable skills through effective education; and 

5. Opportunities to give back through community service. 

Partner organizations agree to expand existing youth programs 

or create new ones and hold themselves accountable by measuring 

their progress. Spanning all sectors of society, these groups include 

corporations, not-for-profits, higher education and faith-based 

groups, associations and federal agencies, and arts and cultural organizations. Most partners expand the scale and impact of their efforts by collaborating with other groups, such as direct youth service providers.

H.R. 4854 authorizes grants to America’s Promise to support its 

activities relating to mobilizing communities to ensure that youth 

become productive, responsible adults. 

Points of Light Foundation 

Established in 1990 as a nonprofit charitable organization, the 

Foundation is by statute a non-federal independent and autonomous entity whose purposes are to: (1) encourage every American 

to help solve critical social problems by volunteering; (2) identify 

successful and promising community service projects and disseminate information about them; and (3) discover new leaders and develop individuals and institutions that serve as strong examples of 

commitment to others. In 1991, the Foundation merged with the 

National Volunteer Center, a non-governmental organization, and 

is now associated with a nationwide network of private volunteer 

centers and corporate representatives. The Foundation is authorized to receive funding as part of the Corporation’s appropriation 

and must provide a 25 percent match with funds raised from the 

private sector. The Corporation and Foundation work together to 

coordinate activities and support related missions, but the Foundation is not administered by the Corporation. H.R. 4854 amends title 

III to: 

• Broaden the purpose to include references to volunteer 

service and volunteer centers; 

• Authorize the Foundation to use up to 25 percent of funds 

provided each year to support an endowment fund (the interest 

of which may be used to support authorized activities); and 

• Authorize the Foundation to make subgrants to support 

the development and ongoing work of volunteer centers. 

DOMESTIC VOLUNTEER SERVICE ACT

The purpose of the Domestic Volunteer Service Act is to foster 

and expand voluntary citizen service in communities throughout 

the nation in activities designed to help the poor, the disadvantaged, the vulnerable, and the elderly. The Domestic Volunteer 

Service Act authorizes Volunteers in Service to America (VISTA) 

and the Senior Corps. The Senior Corps consists of the Retired and 

60

Senior Volunteer Program (RSVP), the Foster Grandparent Program, and the Senior Companion Program. 

Volunteers in Service to America (VISTA) 

The purpose of this program is to recruit volunteers to serve in 

poverty and poverty-related projects. Volunteers must be at least 

18 years old and serve full time for at least 1 year (but not more 

than 3 years). To the maximum extent possible, they live among 

and at the economic level of the people they serve. The role of the 

volunteers is to mobilize community resources, increase the capacity of the community to solve problems, and ensure that activities 

initiated or expanded by the volunteers are sustained by the community when they leave. For example, VISTA volunteers may work 

with Habitat for Humanity to recruit persons to build homes; create a database of volunteer medical professions who see low-income 

patients in their offices; or initiate contacts with foundations, private funders, and community agencies to secure financial support 

for local community organizations. 

H.R. 4854 retains current law provisions that provide VISTA 

participants with federal employee status and benefits for certain 

purposes including retirement and workers compensation. These 

provisions maintain the elements of VISTA that have helped the 

program succeed in working with small non-profit organizations to 

fight poverty for nearly four decades. 

In addition to increased flexibility in operational programming, 

the bill phases in changes to the current law term of service requirements that would allow participants greater flexibility in the 

amount of time they serve (under current law a 12-month commitment—that is 24 hours a day and 7 days a week—is required). Because of the changes to the program in H.R. 4854 a VISTA project 

may allow participants to have greater flexibility in off-duty hours 

to pursue personal activities during the period of service (such as 

higher education courses and part-time employment to supplement 

the living allowance). 

H.R. 4854 amends section 103 to explicitly permit public and 

non-profit organizations to help support VISTA participants. One of 

the strengths of the VISTA program throughout its four-decade history has been its accessibility to small non-profit organizations in 

distressed communities. By specifically authorizing cost sharing, 

the Committee does not intend that the Corporation use this authority that would have the effect of limiting or denying participation in the VISTA program by small non-profits, or non-profits that 

have limited resources to provide additional support to VISTA participants. 

Senior Corps 

The Senior Corps consists primarily of the Retired and Senior 

Volunteer Program (RSVP), the Foster Grandparent Program, and 

the Senior Companion Program. The premise of the Senior Corps 

is that seniors through their skills and talents can help meet priority community needs and have an impact on national problems 

of local concern. In all three programs, project grants are awarded 

to public agencies, such as State, county, and local governments, 

and to private nonprofit organizations. These entities apply to the 

Corporation’s State offices for funds to recruit, place, and support 

61

the senior volunteers and participant. H.R. 4854 amends the provisions of the Senior Corps to: • Broaden the scope of the purpose to add emphasis on community needs and research and provides that all Senior Corps 

programs are open to individuals 55 and older (current law is 

60). The Committee supports expanding service opportunities 

and recognizes the fact that those aged 55 and older can make 

meaningful contributions to society and should be eligible for 

programs under the Senior Corps. This change ensures more 

Americans can participate in service opportunities authorized 

under the national service laws. • Provide that a stipend may be made available to a participant with an income that is up to 200 percent of poverty. 

Under current law the eligibility threshold is 125 percent of 

poverty, which is $11,075 for a single person for 2002; the new 

200 percent threshold would be $17,720 (higher for couples, 

and adjusted upward in Alaska and Hawaii). The provision 

would also allow the Director to use up to 15 percent of funds 

for participants with incomes above 200 percent of poverty as 

long as the program, following innovative efforts to recruit, is 

not able to effectively recruit and place low-income participants. The Committee removes the current law prohibition on 

using federal funds to manage, train, and support over-income 

participants who want to take part in Senior Corps programs 

without receiving a stipend. • Authorize the Director to support Senior Corps leaders who, on 

the basis of past experience as volunteers, special skills, and demonstrated leadership abilities, may coordinate activities, including 

training, and otherwise support the service of volunteers. • Ensure continued service opportunities for individuals serving 

in Retired and Senior Volunteer programs, Foster Grandparent 

programs, and Senior Companion programs. 

The Committee is concerned that funding for the National Senior 

Service Corps programs—including the Foster Grandparent Program, Retired and Senior Volunteer Program, and Senior Companion Program—may not be equally distributed across the Nation. 

Some states receive a significantly smaller share of federal resources under these programs than their share of the Nation’s population of seniors. This inequity denies service opportunities to 

thousands of seniors. It also punishes the at-risk youth and homebound elderly who could benefit from the untapped resource of senior volunteers in their community. The Committee urges the Corporation to prioritize applications from underserved regions in 

awarding new grants. 

Conclusion 

H.R. 4854, the Citizen Service Act of 2002, is reflective of the vision President Bush laid out for national service, and will help foster stronger communities and neighborhoods, and closer connections between Americans. National service takes place in every 

community across the country and around the world, by individuals 

of all backgrounds and ages, supporting organizations large and 

small. Swift approval of this legislation will harness the energy and 

commitment of those anxious to contribute to their county and provide wonderful opportunities and incentives for them to do so. 

62

SECTION-BY-SECTION ANALYSIS

Section 1—Sets forth the short title of this Act as the ‘‘Citizen 

Service Act of 2002’’ and contains its table of contents. 

TITLE I—AMENDMENTS TO NATIONAL AND COMMUNITY 

SERVICE ACT OF 1990

Section 1001—provides that references in title I are made to the 

National and Community Service Act of 1990. 

Subtitle A—Amendments to Subtitle A (General Provisions) 

Section 1101—Amends section 2(b) regarding the purposes of the 

Act. 

Section 1102—Amends section 101 pertaining to definitions. 

Subtitle B—Amendments to Subtitle B (Service-Learning) 

Section 1201—Amends part I of subtitle B of title I as follows: 

‘‘PART I—PROGRAMS FOR ELEMENTARY AND SECONDARY STUDENTS

‘‘Section 111 contains provisions pertaining to assistance to 

states and Indian tribes. 

‘‘Section 112 sets forth provisions regarding allotments. 

‘‘Section 113 contains provisions pertaining to applications for allotments under this part. 

‘‘Section 114 states that in considering applications under this 

part, the Corporation shall use criteria that include those approved 

by the Board of Directors. 

‘‘Section 115 contains provisions pertaining to federal, state, and 

local contributions. 

‘‘Section 116 sects forth limitations on the uses of funds for administration.’’

Section 1202—Amends section 119 regarding higher education 

provisions. 

Section 1203—Amends subtitle B of title I by adding after part 

II the following new part: 

‘‘PART III—COMMUNITY-BASED PROGRAMS, TRAINING, AND OTHER

INTITIATIVES

‘‘Section 120 contains provisions regarding community-based programs, training, and other initiatives.’’

Section 1204—Amends subtitle B of title I in part I, by striking 

subpart C and by adding after part III (as added by section 1203) 

the following new part: 

‘‘PART IV—CLEARINGHOUSE

‘‘Section 120A sets forth provisions regarding the Service-Learning Clearinghouse.’’

Subtitle C—Amendments to Subtitle C (National Service Trust 

Program) 

Section 1301—Amends section 121 pertaining to a prohibition on 

grants to federal agencies and limits on corporation costs. 

63

Section 1302—Amends Section 122 regarding E-Corps and technical amendments to the types of programs. 

Section 1303—Amends section 123 pertaining to types of positions. 

Section 1304—Amends section 125 regarding training and technical assistance.

Section 1305—Amends section 126 pertaining to state commissions and Challenge Grants. 

Section 1306—Amends section 129 as follows: 

‘‘Section 129 establishes guidelines for the provision of assistance 

and approved national service positions.’’

Section 1307—Amends subtitle c of title I by inserting after section 129 the following new sections: 

‘‘Section 129A sets forth provisions pertaining to pilot authority 

for member-based national service positions. 

‘‘Section 129B contains provisions pertaining to the education 

awards program. 

‘‘Section 129C contains provisions regarding fixed amount 

grants.’’

Section 1308—Amends section 130 regarding state selection of 

programs. 

Section 1309—Amends section 133 pertaining to the consideration of applications. 

Section 1310—Amends section 137 concerning the description of 

participants. 

Section 1311—Amends section 138(a) by striking references to 

‘‘Federal agency,’’. 

Section 1312—Amends section 139 regarding terms of service. 

Section 1313—Amends section 140 regarding adjustments to the 

living allowance. 

Subtitle D—Amendments to Subtitle D (National Service Trust and 

Provision of National Service Educational Awards) 

Section 1401—Amends section 145 pertaining to the availability 

of funds in the National Service Trust. 

Section 1402—Amends section 146 regarding individuals eligible 

to receive a national service educational award from the Trust. 

Section 1403—Amends section 147(a) with regard to the amount 

of national service educational awards. 

Section 1404—Amends section 148 regarding the disbursement of 

national service educational awards. 

Section 1405—Amends subtitle D of title I by adding at the end 

the following new sections: 

‘‘Section 149 contains provisions pertaining to the National Service Trust and individuals with disabilities. 

‘‘Section 149A sets forth provisions regarding service-based scholarships for high school students.’’

Subtitle E—Amendments to Subtitle E (National Civilian 

Community Corps) 

Section 1501—Amends section 151 as follows: 

‘‘Section 151 sets forth the purpose of this subtitle.’’

Section 1502—Amends section 152 regarding program components. 

64

Section 1503—Amends section 153 pertaining to eligible participants. 

Section 1504—Amends section 154 regarding the Summer National Service program. 

Section 1505—Amends section 155 pertaining to team leaders. 

Section 1506—Amends section 157 regarding consultation with 

state commissions. 

Section 1507—Amends section 159 pertaining to a permanent 

cadre. 

Section 1508—Amends section 161(a) regarding contract and 

grant authority. 

Section 1509—Amends section 162(a)(2)(A) pertaining to other 

departments. 

Section 1510—Repeals sections 163 and 165, and the items relating to such sections in the table of contents contained in section 

1(b). 

Section 1511—Amends section 166 regarding definitions. 

Section 1512—Amends subtitle E by adding at the end the following new section: ‘‘Section 167 contains provisions pertaining to emergency response corps.’’ Section 1513—Amends subtitle E regarding terminology. 

Subtitle F—Amendments to Subtitle F (Administrative Provisions) 

Section 1601—Amends section 171(a)(1) regarding family and 

medical leave. 

Section 1602—Amends section 174 pertaining to additional prohibitions on the use of funds. 

Section 1603—Amends section 176 regarding notice, hearing, and 

grievance procedures. 

Section 1604—Amends section 177 pertaining to the resolution of 

displacement complaints.

Section 1605—Amends section 178 regarding state commissions 

on national and community service. 

Section 1606—Amends section 179 pertaining to evaluation and 

accountability. 

Section 1607—Amends section 181 by striking ‘‘Section 414’’ and 

inserting ‘‘Section 422’’. Section 1608—Amends subtitle F by adding at the end the following new sections: ‘‘Section 185 states that to promote efficiency and eliminate duplicative requirements, the Corporation may consolidate or modify 

application procedures and reporting requirements for programs 

and activities funded under the national service laws. 

‘‘Section 186 establishes provisions pertaining to accountability 

for results. 

‘‘Section 187 contains provisions designed to ensure that recipients of assistance under the national service laws are meeting sustainability goals. 

‘‘Section 188 set forth provisions regarding the use of recovered 

funds. 

‘‘Section 189 contains provisions regarding capacity building. 

‘‘Section 189A sets forth provisions regarding the expenses of attending meetings. 

‘‘Section 189B contains provisions regarding fees. 

65

‘‘Section 189C states that unless otherwise specifically provided, 

the Corporation has authority to make a grant under the national 

service laws for a period of 3 years. 

‘‘Section 189D contains provisions regarding the generation of 

volunteers. 

‘‘Section 189E sets forth provisions regarding a limitation on program grant costs. 

‘‘Section 189F contains provisions pertaining to a notice requirement. 

‘‘Section 189G sets forth requirements regarding audits and reporting.’’

Subtitle G—Amendments to Subtitle G (Corporation for National 

and Community Service) 

Section 1701—Amends section 192 regarding terms of office. 

Section 1702—Amends section 192A(g) pertaining to the Board of 

Directors’ authorities and duties. 

Section 1703—Amends section 193A regarding peer reviewers. 

Section 1704—Amends section 195 pertaining to nonvoting members and personal services contracts. 

Section 1705—Amends section 196(a) regarding donated services. 

Subtitle H—Amendments to Subtitle H 

Section 1801—Amends section 198 regarding technical amendments to subtitle H. 

Section 1802—Repeals section 198D and the item relating to 

such section in the table of contents contained in section 1(b). 

Subtitle I—Additional Authorities 

Section 1901—Further amends title I by adding at the end the 

following new subtitle: 

‘‘Subtitle J—Senior Service Scholarships 

‘‘Section 199N establishes authority to provide assistance and 

senior service scholarships. 

‘‘Section 199O contains provisions regarding programs eligible for 

assistance. 

‘‘Section 199P sets forth provisions regarding grants. 

‘‘Section 199Q sets forth provisions pertaining to funds for senior 

service scholarships. 

‘‘Section 199R establishes eligibility requirements to receive a 

senior scholarship. 

‘‘Section 199S sets forth provisions pertaining to the amount of 

a senior service scholarship.’’

Section 1902—Amends title I by adding at the end the following 

new subtitle. 

‘‘Subtitle K—America’s Promise: The Alliance for Youth 

‘‘Section 199AA authorizes the Corporation to make grants to 

America’s Promise: The Alliance for Youth, subject to the availability of appropriations for this purpose, to support its activities 

relating to mobilizing communities to ensure that young people become productive, repsonsible adults. 

‘‘Section 199BB states that grant funds may be used to pay costs 

attributable to the development or operation of programs consistent 

66

with a grant award approved by the Corporation under Section 

199AA. ‘‘Section 199CC states that the Corporation’s Chief Executive Officer may service as an ex officio nonvoting member of the Board 

of Directors of America’s Promise: The Alliance for Youth.’’

Subtitle J—Amendments to Title III (Points of Light Foundation) 

Section 1911—Amends section 302 as follows: 

‘‘Section 302 sets forth the purposes of this title.’’

Section 1912—Amends section 303 regarding the Board of Directors. 

Section 1913—Amends section 304 pertaining to grants to the 

Foundation. 

Subtitle K—Amendments to Title V (Authorization of 

Appropriations) 

Section 1921—Amends section 501 as follows: 

‘‘Section 501 sets forth provisions regarding the authorization of 

appropriations.’’

TITLE II—AMENDMENTS TO THE DOMESTIC VOLUNTEER 

SERVICE ACT OF 1973

Section 2001—Provides that references in title II are made to the 

Domestic Volunteer Service Act of 1973. 

Subtitle A—Amendments to Title I (National Volunteer 

Antipoverty Programs) 

Section 2101—Amends section 2(b) regarding the purpose. 

Section 2102—Amends section 101 regarding the purpose of the 

VISTA program. 

Section 2103—Amends section 103 pertaining to applications. 

Section 2104—Amends section 104 pertaining to terms and periods of service. 

Section 2105—Repeals sections 109 and 124, and the items relating to such sections in the table of contents. 

Section 2106—Amends section 111(b) regarding the University 

Year for VISTA program. 

Section 2107—Amends section 121 in the second sentence by 

striking ‘‘agencies, institutions, and situations’’ and inserting 

‘‘agencies and institutions, including civic, community, and educational organizations’’. 

Subtitle B—Amendments to Title II (National Senior Volunteer 

Corps) 

Section 2201—Amends title II in the title heading by striking ‘‘National Senior Volunteer Corps’’ and inserting ‘‘National Senior 

Service Corps’’ Section 2202—Amends section 200 as follows: ‘‘Section 200 provides the various purposes of this title’’. 

Section 2203—Amends section 201 regarding grants and contracts for volunteer service projects. 

Section 2204—Amends section 211 pertaining to Foster Grandparent program grants. 

67

Section 2205—Amends section 213 concerning Senior Companion 

program grants. 

Section 2206—Amends section 223 regarding a change in age eligibility and amends section 224 pertaining to a name change. 

Section 2207—Amends section 225 regarding programs of national significance. 

Section 2208—Amends title II by adding after section 227 the following new sections: ‘‘Section 228 establishes provisions encouraging the participation 

of individuals in programs and activities authorized by this title, 

regardless of the individual’s income. ‘‘Section 229 provides the Corporation with the authority to take 

necessary action to maintain service assignments for seniors and to 

ensure continuity of service for communities. ‘‘Section 229A provides that the Corporation may, from funds appropriated each fiscal year to carry out subtitle II, reserve up to 

$10,000,000 to support research and training intended to improve 

the effectiveness of programs supported under article II.’’

Subtitle C—Amendments to Title IV (Administration and 

Coordination) 

Section 2301—Amends section 404 by striking ‘‘displacement of 

employed workers’’ and inserting ‘‘displacement of employed workers or volunteers (other than participants under the national service laws)’’. 

Section 2302—Amends section 421 pertaining to definitions. 

Section 2303—Amends section 425 pertaining to protection 

against improper use. 

Section 2304—Amends title IV by adding after section 425 the 

following new section: ‘‘Section 426 sets froth a provision regarding income verification.’’ Section 2305—Repeals sections 412 and 416, and the items relating to such sections in the table of contents contained in section 

1(b). 

Subtitle D—Amendments to Title V (Authorization of 

Appropriations) 

Section 2401—Amends section 501 regarding the authorization of 

appropriations for VISTA and other purposes. 

Section 2402—Amends section 502 as follows: 

‘‘Section 502 contains provisions regarding the authorization of 

appropriations for programs within the National Senior Service 

Corps.’’

Section 2403—Amends section 504 as follows: 

‘‘Section 504 states that there are authorized to be appropriated 

for the administration of this Act $33,568,000 for fiscal year 2003 

and such sums as may be necessary for each of fiscal years 2004 

through 2007.’’. 

TITLE III—AMENDMENTS TO OTHER LAWS 

Section 301—Amends section 8E(a)(1) of the Inspector General 

Act by striking ‘‘National and Community Service Trust Act of 

1993’’ and inserting ‘‘National and Community Service Act of 

1990.’’

68

TITLE IV—TECHNICAL AMENDMENTS TO TABLES OF 

CONTENTS

Section 4101—Amends section 1(b) of the National and Community Service Act of 1990 pertaining to its table of contents. 

Section 4102—Amends section 1(b) of the Domestic Volunteer 

Service Act of 1973 regarding its table of contents. 

TITLE V—EFFECTIVE DATE AND SENSE OF CONGRESS 

Section 5101—States that, unless specifically provided otherwise, 

the amendments made by this Act shall take effect on the date of 

enactment. 

Section 5102—Contains provisions pertaining to service assignments and agreements. 

Section 5103—Sets forth provisions regarding a sense of Congress. 

Section 5104—Expresses the sense of Congress that recruitment 

and application materials should be in languages other than 

English. 

EXPLANATION OF AMENDMENTS

The Amendment in the Nature of a Substitute is explained in the 

body of this report. 

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch. H.R. 4854, the 

Citizen Service Act of 2002, reauthorizes the major federally funded community service and volunteer programs: the National and 

Community Service Act and the Domestic Volunteer Service Act. 

The purposes of H.R. 4854 are to reform and strengthen programs 

under the Corporation for National and Community Service; implement first-time accountability measures for grantees under the national service laws; and make the Corporation for National and 

Community Service an effective outlet for leveraging volunteers 

and community service activities among the many service organizations across the country. The bill does not prevent legislative 

branch employees from receiving services provided under this legislation. 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandates Reform Act, P.L. 104–4) requires a statement of whether the 

provisions of the reported bill include unfunded mandates. H.R. 

4854 amends the spending programs under the National and Community Service Act and the Domestic Volunteer Service Act. As 

such, the bill does not contain any unfunded mandates. 

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the CommitVerDate May 23 2002 05:55 Jun 30, 2002 Jkt 099006 PO 00000 Frm 00068 Fmt 6659 Sfmt 6602 E:\HR\OC\HR521.XXX pfrm17 PsN: HR521
69

tee’s oversight findings and recommendations are reflected in the 

body of this report. 

NEW BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE

COST ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the House of Representatives and section 308(a) of the Congressional Budget Act of 1974 and with respect to requirements of 

3(c)(3) of rule XIII of the House of Representatives and section 402 

of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for H.R. 4854 from the Director 

of the Congressional Budget Office:

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, June 19, 2002. 

Hon. JOHN A. BOEHNER, 

Chairman, Committee on Education and the Workforce, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4854, the Citizen Service 

Act of 2002. 

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

to provide them. The CBO staff contacts are Christina Hawley 

Sadoti (for federal costs) and Elyse Goldman (for the state and local 

impact). 

Sincerely, 

BARRY B. ANDERSON

(For Dan L. Crippen, Director). 

Enclosure.

H.R. 4854—Citizen Service Act of 2002

Summary: H.R. 4854 would amend the National and Community 

Service Act of 1990 (NCSA) and the Domestic Volunteer Service 

Act of 1973 (DVSA), and would provide authorizations of appropriations for these programs over fiscal years 2003 through 2007. The 

national service programs currently are authorized through 2002. 

CBO estimates that the bill would authorize a total of about $4.8 

billion in appropriations over the next five years. Assuming the appropriation of those amounts, CBO estimates that implementing 

the bill would cost $3.4 billion over the 2003–2007 period. This bill 

would not affect direct spending or revenues; therefore, pay-as-yougo procedures would not apply. 

H.R. 4854 contains no intergovernment or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 4854 is shown in the following table. The cost 

of this legislation falls within budget function 500 (education, 

training, employment, and social services).

70

TABLE 1.—ESTIMATED BUDGETARY IMPACT OF H.R. 4854

By fiscal year, in millions of dollars—

2002 2003 2004 2005 2006 2007

SPENDING SUBJECT TO APPROPRIATIONS

National and community service spending under current 

law: 

Budget authority ...................................................... 731 0 0 0 0 0

Estimated outlays .................................................... 788 539 256 134 62 31

Proposed changes: 

Estimated authorization level ................................. 0 908 930 953 976 998

Estimated outlays .................................................... 0 262 589 757 868 932

National and community service spending under H.R. 

4854: 

Estimated authorization level ................................. 731 908 930 953 976 998

Estimated outlays .................................................... 788 801 845 891 931 963

Note:—Components may not sum to totals because of rounding. 

Basis of estimate 

For the estimate, CBO assumes that H.R. 4854 will be enacted 

by September 30, 2002, and that the specified and estimated authorization amounts will be appropriated for each year. Outlays are 

based on historical spending patterns for these programs. 

H.R. 4854 would amend the national and community service 

laws under the NCSA and DVSA, and would authorize a total of 

$908 million in fiscal year 2003, and such sums as may be necessary for fiscal year 2004 through 2007 of these programs. If the 

authorized amounts are adjusted for inflation, authorizations over 

2003–2007 period would total $4.8 billion. (Absent adjustments for inflation, the authorizations would total $4.6 billion.) National and 

community service programs received appropriations of $731 million for fiscal year 2002. Details of the estimated authorization 

amounts for H.R. 4854 are discussed below and are displayed in 

Table 2.

TABLE 2.—AUTHORIZATIONS UNDER H.R. 4854

By fiscal year, in millions of dollars—

2003 2004 2005 2006 2007 

SPENDING SUBJECT TO APPROPRIATION

Service-learning programs: 

Estimated authorization level .................................................... 55 58 61 65 67

Estimated outlays ...................................................................... 6 33 52 60 63

National Service Trust programs: 

Estimated authorization level .................................................... 415 424 433 443 453

Estimated outlays ...................................................................... 19 150 270 350 400

National Civilian Community Corps: 

Estimated authorization level .................................................... 30 31 31 32 33

Estimated outlays ...................................................................... 26 31 31 32 33

Senior service scholarships: 

Estimated authorization level .................................................... 12 12 13 13 13

Estimated outlays ...................................................................... 2 6 10 12 13

America’s promise: 

Estimated authorization level .................................................... 8 8 8 8 8

Estimated outlays ...................................................................... 1 4 6 8 8

Administration of the National and Community Service Act: 

Estimated authorization level .................................................... 34 35 36 36 37

Estimated outlays ...................................................................... 29 35 35 36 37

Points of Light Foundation: 

Estimated authorization level .................................................... 10 10 10 11 11

Estimated outlays ...................................................................... 0 10 10 10 11

71

TABLE 2.—AUTHORIZATIONS UNDER H.R. 4854—Continued

By fiscal year, in millions of dollars—

2003 2004 2005 2006 2007 

VISTA and special volunteers: 

Estimated authorization level .................................................... 95 97 99 102 104

Estimated outlays ...................................................................... 50 88 94 99 101

National Senior Service Corps, Foster Grandparent, Senior Companion, and Demonstration Programs: 

Estimated authorization level .................................................... 216 221 226 231 236

Estimated outlays ...................................................................... 113 201 214 225 230

Administration of Domestic Volunteer Service Act: 

Estimated authorization level .................................................... 34 34 35 36 37

Estimated outlays ...................................................................... 18 31 33 35 36

Total authorizations: 

Estimated authorization level .................................................... 908 930 953 976 998

Estimated outlays ...................................................................... 262 589 757 868 932

Note.—Components may not sum to totals because of rounding. 

Title I—Amendments to the National and Community Service Act of 1990

Service-Learning Programs. H.R. 4854 would authorize the appropriation of $55 million for fiscal year 2003, $58 million for 2004, 

$61 million for 2005, $65 million for 2006, and such sums as may 

be necessary for 2007 for service-learning programs authorized 

under the National and Community Service Act of 1990. Under this 

authority, the Corporation for National Service would make grants 

to states, territories, and Indian tribes to support school and community-based service-learning programs, and to institutions of 

higher education to support innovative programs for community 

service. In general, the federal share of the costs of these programs 

would be limited to 50 percent. One-half of the authorized funds 

would be reserved for school-based service learning, while the remaining half would be equally split between grants for communitybased programs and for those based at institutions of higher education. 

National Service Trust Programs. The bill would authorize the 

appropriation of $415 million for fiscal year 2003 and such sums 

as may be necessary for 2004 through 2007 for national service 

trust programs. These funds would be spent on living allowances 

for national service participants, education awards for participants, 

and demonstration projects aimed at innovation in national service. 

H.R. 4854 would amend the National and Community Service Act 

of 1990 so that grants under this section could be received by state, 

local, and tribal entities, public and private nonprofit organizations, and institutions of higher education. 

Grant recipients would carry out national service programs designed to address unmet human, educational, environmental, or 

public-safety needs. Participants in these service programs, as well 

as those in service-learning programs and programs authorized 

under Volunteers in Service to America (VISTA) and the National 

Civilian Community Corps (NCCC), who completed at least 1,700 

hours of service within one year, would be eligible to receive education awards of $5,250 (NCCC summer program participants 

would earn awards of $1,000). The corporation could not approve 

national service positions unless it has sufficient funds on hand to 

provide for the education awards that would be earned. These eduVerDate May 23 2002 05:55 Jun 30, 2002 Jkt 099006 PO 00000 Frm 00071 Fmt 6659 Sfmt 6602 E:\HR\OC\HR521.XXX pfrm17 PsN: HR521
72

cation awards could be used by participants to repay student loans 

or to pay for expenses incurred in attending an institution of higher education. 

In addition, funds in the national service trust would be used to 

provide for the federal share (not to exceed $500 per person) for 

service-based scholarships for high school students. 

National Civilian Community Corps. The bill would authorize 

grants to public and private organizations for the operation and 

support of the NCCC, a primarily residential service program for 

participants who are at least 18 years of age. The bill also would 

authorize a summer NCCC program for youth aged 14 through 18. 

Participants in the NCCC would receive training designed to promote team building, discipline, leadership, work, training, citizenship, and physical conditioning, and would carry out service 

projects aimed at meeting specific community needs. As mentioned 

above, NCCC participants could earn education awards, paid out of 

the national service trust fund. H.R 4854 would authorize appropriations of $30 million for fiscal year 2003 and such sums as may 

be necessary for fiscal years 2004 through 2007 to operate the 

NCCC. 

Senior Service Scholarships. The bill also would authorize the 

appropriation of $12 million for fiscal year 2003 and such sums as 

may be necessary for fiscal years 2004 through 2007 for the support of senior service scholarship programs. Grants under this section may provide up to $600 per senior volunteer participating in 

tutoring, mentoring, and other activities, and also would provide 

for senior service scholarships. To be eligible to receive a senior 

service scholarship of $1,000, a senior participant (who must be 55 

years of age or older when service begins) must successfully complete 500 hours of service within one year. 

America’s Promise. H.R. 4854 would authorize the appropriation 

of $7.5 million for fiscal year 2003 and such sums as may be necessary for fiscal years 2004 through 2007 to provide grants to 

America’s Promise: The Alliance for Youth. These funds would be 

used to support that organization’s activities relating to mobilizing 

communities to help young people become productive, responsible 

adults. 

Administration of the National and Community Service Act. This 

bill would authorize the appropriation of $34 million for fiscal year 

2003 and such sums as may be necessary for fiscal years 2004 

through 2007 for the administration of the National and Community Service Act of 1990 by the Corporation on National and Community Service, and for providing financial assistance to the State 

Commissions on National and Community Service. 

Points of Light Foundation. H.R. 4854 would authorize the appropriation of $10 million for fiscal year 2003 and such sums as 

may be necessary for fiscal years 2004 through 2007 for the Points 

of Light Foundation. In addition, the bill would permit the foundation to use up to 25 percent of funds received under this appropriation to help build an endowment. Because the foundation operates 

as a nongovernmental organization, any interest earnings of the 

endowment, and related spending of those earnings, would not be 

counted on the federal budget. 

73

Title II—Amendments to the Domestic Volunteer Service Act 

of 1973

Volunteers in Service to America and Special Volunteer Programs. This bill would make amendments to the VISTA program, 

including a gradual phasing out of the requirement that VISTA 

volunteers live among and at the economic level of the people 

served. The bill would authorize the appropriation of $90 million 

in fiscal year 2003 and such sums as may be necessary for fiscal 

years 2004 through 2007. In addition, the bill would authorize $5 

million for fiscal year 2003 and such sums as may be necessary for 

fiscal years 2004 through 2007 for special emphasis and demonstration volunteer programs. 

National Senior Service Corps. H.R. 4854 would authorize appropriations totaling $216 million for fiscal year 2003 and such sums 

as may be necessary for fiscal years 2004 through 2007 for programs aimed at involving senior citizens in volunteer activities. 

The National Senior Service Corps is comprised of the Retired and 

Senior Volunteer Program, the foster grandparent program, the 

senior companion program, and demonstration programs. Under 

these programs, individuals aged 55 and older could participate in 

volunteer programs designed to meet community needs, serve children with special needs, and serve adults who are struggling to 

maintain an independent life. 

Administration of the Domestic Volunteer Service Act. Finally, 

H.R. 4854 would authorize the appropriation of $34 million for fiscal year 2003 and such sums as may be necessary for fiscal years 

2004 though 2007 for the administration of programs under the Domestic Volunteer Service Act. 

Pay-as-you-go considerations: None. 

Estimated impact on state, local, and tribal governments: H.R. 

4854 contains no intergovernmental mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

State, local, and tribal governments would be eligible to receive a 

significant portion of the funs authorized in the bill. Any costs associated with receipt of these grants would be considered conditions 

of aid. 

Estimated impact on the private sector: H.R. 4854 contains no 

private-sector mandates as defined in UMRA.

Estimate prepared by: Federal spending: Christina Hawley 

Sadoti; impact on state, local, and tribal governments: Elyse Goldman; impact on the private sector: Emily Shelton. 

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

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with Clause (3)(c) of House Rule XIII, the goals of 

H.R. 4854 are to reform and strengthen programs under the Corporation for National and Community Service; implement first-time 

accountability measures for grantees under the national service 

laws; and make the Corporation for National and Community Service an effective outlet for leveraging volunteers and community 

service activities among the many service organizations across the 

country. The Committee expects the relevant federal agencies to 

74

comply with H.R. 4854 and implement the changes to the law in 

accordance with these stated goals. 

CONSTITUTIONAL AUTHORITY STATEMENT

Under clause 3(d)(1) of rule XIII of the Rules of the House of 

Representatives, the Committee must include a statement citing 

the specific powers granted to Congress in the Constitution to 

enact the law proposed by H.R. 4854. The Committee believes that 

the amendments, made by this bill to the National and Community 

Service Act and the Domestic Volunteer Service Act, are within 

Congress’ authority under Article I, section 8, clause 1 of the Constitution. 

COMMITTEE ESTIMATE

Clauses 3(d)(2) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs that would be incurred in carrying out H.R. 

4854. However, clause 3(d)(3)(B) of that rule provides that this requirement does not apply when the Committee has included in its 

report a timely submitted cost estimate of the bill prepared by the 

Director of the Congressional Budget Office under section 402 of 

the Congressional Budget Act.

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (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. SHORT TITLE AND TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘National and 

Community Service Act of 1990’’. 

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

øSec. 1. Short title and table of contents. 

øSec. 2. Findings and purpose. 

øTITLE I—NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM 

Subtitle A—General Provisions 

øSec. 101. Definitions. 

øSec. 102. Authority to make State grants. 

øSubtitle B—School-Based and Community-Based Service-Learning Programs 

øPART I—SERVE-AMERICA PROGRAMS

øSUBPART A—SCHOOL-BASED PROGRAMS FOR STUDENTS

øSec. 111. Authority to assist States and Indian tribes. 

øSec. 111A. Authority to assist local applicants in nonparticipating States. 

øSec. 111B. Authority to assist public or private nonprofit organizations. 

øSec. 112. Grants and allotments. 

øSec. 113. State or tribal applications. 

øSec. 114. Local applications. 

øSec. 115. Consideration of applications. 

øSec. 115A. Participation of students and teachers from private schools. 

øSec. 116. Federal, State, and local contributions. 

75

øSec. 116A. Limitations on uses of funds. 

øSec. 116B. Definitions.

øSUBPART B—COMMUNITY-BASED SERVICE PROGRAMS FOR SCHOOL-AGE YOUTH

øSec. 117. Definitions. 

øSec. 117A. General authority. 

øSec. 117B. State applications. 

øSec. 117C. Local applications. 

øSec. 117D. Consideration of applications. 

øSec. 117E. Federal, State, and local contributions. 

øSec. 117F. Limitations on uses of funds. 

øSUBPART C—CLEARINGHOUSE

øSec. 118. Service-learning clearinghouse. 

øPART II—HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY SERVICE

øSec. 119. Higher education innovative programs for community service. 

øSubtitle C—National Service Trust Program 

øPART I—INVESTMENT IN NATIONAL SERVICE

øSec. 121. Authority to provide assistance and approved national service positions. 

øSec. 122. Types of national service programs eligible for program assistance. 

øSec. 123. Types of national service positions eligible for approval for national service educational awards. 

øSec. 124. Types of program assistance. 

øSec. 125. Training and technical assistance. 

øSec. 126. Other special assistance. 

øPART II—APPLICATION AND APPROVAL PROCESS

øSec. 129. Provision of assistance and approved national service positions by competitive and other means. 

øSec. 130. Application for assistance and approved national service positions. 

øSec. 131. National service program assistance requirements. 

øSec. 132. Ineligible service categories. 

øSec. 133. Consideration of applications. 

øPART III—NATIONAL SERVICE PARTICIPANTS

øSec. 137. Description of participants. 

øSec. 138. Selection of national service participants. 

øSec. 139. Terms of service. 

øSec. 140. Living allowances for national service participants. 

øSec. 141. National service educational awards.

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

Awards 

øSec. 145. Establishment of the National Service Trust. 

øSec. 146. Individuals eligible to receive a national service educational award from 

the Trust. 

øSec. 147. Determination of the amount of the national service educational award. 

øSec. 148. Disbursement of national service educational awards. 

øSubtitle E—Civilian Community Corps 

øSec. 151. Purpose. 

øSec. 152. Establishment of Civilian Community Corps Demonstration Program. 

øSec. 153. National service program. 

øSec. 154. Summer national service program. 

øSec. 155. Civilian Community Corps. 

øSec. 156. Training. 

øSec. 157. Service projects. 

øSec. 158. Authorized benefits for Corps members. 

øSec. 159. Administrative provisions. 

øSec. 160. Status of Corps members and Corps personnel under Federal law. 

øSec. 161. Contract and grant authority. 

øSec. 162. Responsibilities of other departments. 

øSec. 163. Advisory board. 

øSec. 164. Annual evaluation. 

76

øSec. 165. Funding limitation. 

øSec. 166. Definitions. 

øSubtitle F—Administrative Provisions 

øSec. 171. Family and medical leave. 

øSec. 172. Reports. 

øSec. 173. Supplementation. 

øSec. 174. Prohibition on use of funds. 

øSec. 175. Nondiscrimination. 

øSec. 176. Notice, hearing, and grievance procedures. 

øSec. 177. Nonduplication and nondisplacement. 

øSec. 178. State Commissions on National and Community Service. 

øSec. 179. Evaluation. 

øSec. 180. Engagement of participants. 

øSec. 181. Contingent extension. 

øSec. 182. Partnerships with schools. 

øSec. 183. Rights of access, examination, and copying. 

øSec. 184. Drug-free workplace requirements. 

øSubtitle G—Corporation for National and Community Service 

øSec. 191. Corporation for National and Community Service. 

øSec. 192. Board of Directors. 

øSec. 192A. Authorities and duties of the Board of Directors. 

øSec. 193. Chief Executive Officer. 

øSec. 193A. Authorities and duties of the Chief Executive Officer.

øSec. 194. Officers. 

øSec. 195. Employees, consultants, and other personnel. 

øSec. 196. Administration. 

øSec. 196A. Corporation State offices. 

øSubtitle H—Investment for Quality and Innovation 

øSec. 198. Additional corporation activities to support national service. 

øSec. 198A. Clearinghouses. 

øSec. 198B. Presidential awards for service. 

øSec. 198C. Military installation conversion demonstration programs. 

øSec. 198D. Special demonstration project. 

øSubtitle I—American Conservation and Youth Corps 

øSec. 199. Short title. 

øSec. 199A. General authority. 

øSec. 199B. Limitation on purchase of capital equipment. 

øSec. 199C. State application. 

øSec. 199D. Focus of programs. 

øSec. 199E. Related programs. 

øSec. 199F. Public lands or Indian lands. 

øSec. 199G. Training and education services. 

øSec. 199H. Preference for certain projects. 

øSec. 199I. Age and citizenship criteria for enrollment. 

øSec. 199J. Use of volunteers. 

øSec. 199K. Living allowance. 

øSec. 199L. Joint programs. 

øSec. 199M. Federal and State employee status. 

øTITLE II—MODIFICATIONS OF EXISTING PROGRAMS 

øSubtitle A—Publication 

øSec. 201. Information for students. 

øSec. 202. Exit counseling for borrowers. 

øSec. 203. Department information on deferments and cancellations. 

øSec. 204. Data on deferments and cancellations. 

øSubtitle B—Youthbuild Projects 

øSec. 211. Youthbuild projects. 

øSubtitle C—Amendments to Student Literacy Corps 

øSec. 221. Amendments to Student Literacy Corps. 

77

øTITLE III—POINTS OF LIGHT FOUNDATION 

øSec. 301. Short title. 

øSec. 302. Findings and purposes. 

øSec. 303. Authority. 

øSec. 304. Grants to the Foundation. 

øSec. 305. Eligibility of the Foundation for grants. 

øTITLE IV—PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS 

øSec. 401. Projects. 

øTITLE V—AUTHORIZATION OF APPROPRIATIONS 

øSec. 501. Authorization of appropriations. 

øTITLE VI—MISCELLANEOUS PROVISIONS 

øSec. 601. Amtrak waste disposal. 

øSec. 602. Exchange program with countries in transition from totalitarianism to 

Democracy.¿

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

Sec. 1. Short title and table of contents. 

Sec. 2. Findings and purpose. 

TITLE I—NATIONAL AND COMMUNITY SERVICE GRANT PROGRAM 

Subtitle A—General Provisions 

Sec. 101. Definitions. 

Sec. 102. Authority to make State grants. 

Subtitle B—Service Learning Programs 

PART I—SERVE-AMERICA PROGRAMS

Sec. 111. Assistance to States and Indian tribes. 

Sec. 112. Allotments. 

Sec. 113. Applications. 

Sec. 114. Consideration of applications. 

Sec. 115. Federal, State, and local contributions. 

Sec. 116. Limitations on uses of funds. 

PART II—HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY SERVICE

Sec. 119. Higher education innovation programs for community service. 

PART III—COMMUNITY-BASED PROGRAMS, TRAINING, AND INITIATIVES

Sec. 120. Community-based programs, training, and other initiatives. 

PART IV—CLEARINGHOUSE

Sec. 120A. Service-learning clearinghouse. 

Subtitle C—National Service Trust Programs 

PART I—INVESTMENT IN NATIONAL SERVICE

Sec. 121. Authority to provide assistance and approved national service positions. 

Sec. 122. Types of national service programs eligible for program assistance. 

Sec. 123. Types of national service positions eligible for approval for national service 

educational awards. 

Sec. 124. Types of program assistance. 

Sec. 125. Training and technical assistance. 

Sec. 126. Other special assistance. 

PART II—APPLICATION AND APPROVAL PROCESS

Sec. 129. Provision of assistance and approved national service positions. 

Sec. 129A. Pilot authority for member-based national service positions. 

Sec. 129B. Education awards program. 

Sec. 129C. Fixed amount grants. 

Sec. 130. Application for assistance and approved national service positions. 

Sec. 131. National service program assistance requirements. 

Sec. 132. Ineligible service categories. 

Sec. 133. Consideration of applications. 

78

PART III—NATIONAL SERVICE PARTICIPANTS

Sec. 137. Description of participants. 

Sec. 138. Selection of national service participants. 

Sec. 139. Terms of service. 

Sec. 140. Living allowances for national service participants. 

Sec. 141. National service educational awards. 

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

Awards 

Sec. 145. Establishment of the National Service Trust. 

Sec. 146. Individuals eligible to receive a national service educational award from 

the Trust. 

Sec. 147. Determination of the amount of the national service educational award. 

Sec. 148. Disbursement of national service educational awards. 

Sec. 149. Use by participants with disabilities. 

Sec. 149A. Service-based scholarships to high school students. 

Subtitle E—National Civilian Community Corps 

Sec. 151. Purpose. 

Sec. 152. Establishment of Civilian Community Corps program. 

Sec. 153. National service program. 

Sec. 154. Summer national service program. 

Sec. 155. Civilian Community Corps. 

Sec. 156. Training. 

Sec. 157. Service projects. 

Sec. 158. Authorized benefits for Corps members. 

Sec. 159. Administrative provisions. 

Sec. 160. Status of Corps members and Corps personnel under Federal law. 

Sec. 161. Contract and grant authority. 

Sec. 162. Responsibilities of other departments. 

Sec. 164. Annual evaluation. 

Sec. 166. Definitions. 

Sec. 167. Emergency Response Corps. 

Subtitle F—Administrative Provisions 

Sec. 171. Family and medical leave. 

Sec. 172. Reports. 

Sec. 173. Supplementation. 

Sec. 174. Prohibition on use of funds. 

Sec. 175. Nondiscrimination. 

Sec. 176. Notice, hearing, and grievance procedures. 

Sec. 177. Nonduplication and nondisplacement. 

Sec. 178. State Commissions on National and Community Service. 

Sec. 179. Evaluation. 

Sec. 180. Engagement of participants. 

Sec. 181. Contingent extension. 

Sec. 182. Partnerships with schools. 

Sec. 183. Rights of access, examination, and copying. 

Sec. 184. Drug-free workplace requirements. 

Sec. 185. Consolidated application and reporting requirements. 

Sec. 186. Accountability for results. 

Sec. 187. Sustainability.

Sec. 188. Use of recovered funds. 

Sec. 189. Capacity building. 

Sec. 189A. Expenses of attending meetings. 

Sec. 189B. Fees. 

Sec. 189C. Grant periods. 

Sec. 189D. Generation of volunteers. 

Sec. 189E. Limitation on program grant costs. 

Sec. 189F. Notice requirement. 

Sec. 189G. Audits and reports. 

Subtitle G—Corporation for National and Community Service 

Sec. 191. Corporation for National and Community Service. 

Sec. 192. Board of Directors. 

Sec. 192A. Authorities and duties of the Board of Directors. 

Sec. 193. Chief Executive Officer. 

Sec. 193A. Authorities and duties of the Chief Executive Officer. 

79

Sec. 194. Officers. 

Sec. 195. Employees, consultants, and other personnel. 

Sec. 196. Administration. 

Sec. 196A. Corporation State offices. 

Subtitle H—Investment for Quality and Innovation 

Sec. 198. Additional corporation activities to support national service. 

Sec. 198A. Clearinghouses. 

Sec. 198B. Presidential awards for service. 

Sec. 198C. Military installation conversion demonstration programs. 

Subtitle I—American Conservation and Youth Corps 

Sec. 199. Short title. 

Sec. 199A. General authority. 

Sec. 199B. Limitation on purchase of capital equipment. 

Sec. 199C. State application. 

Sec. 199D. Focus of programs. 

Sec. 199E. Related programs. 

Sec. 199F. Public lands or Indian lands. 

Sec. 199G. Training and education services. 

Sec. 199H. Preference for certain projects. 

Sec. 199I. Age and citizenship criteria for enrollment. 

Sec. 199J. Use of volunteers. 

Sec. 199K. Living allowance. 

Sec. 199L. Joint programs. 

Sec. 199M. Federal and State employee status. 

Subtitle J—Senior Service Scholarships 

Sec. 199N. Authority to provide assistance and Senior Service Scholarships. 

Sec. 199O. Programs eligible for assistance. 

Sec. 199P. Grants. 

Sec. 199Q. Funds for Senior Service Scholarships. 

Sec. 199R. Eligibility to receive a Senior Service Scholarship. 

Sec. 199S. Amount of Senior Service Scholarship. 

Subtitle K—America’s Promise: The Alliance for Youth 

Sec. 199AA. Authority to provide assistance. 

Sec. 199BB. Allowable costs. 

Sec. 199CC. Corporation’s Chief Executive Officer as ex officio member of board of 

directors. 

TITLE II—MODIFICATIONS OF EXISTING PROGRAMS 

Subtitle A—Publication 

Sec. 201. Information for students. 

Sec. 202. Exit counseling for borrowers. 

Sec. 203. Department information on deferments and cancellations. 

Sec. 204. Data on deferments and cancellations. 

Subtitle B—Youthbuild Projects 

Sec. 211. Youthbuild projects. 

Subtitle C—Amendments to Student Literacy Corps 

Sec. 221. Amendments to Student Literacy Corps. 

TITLE III—POINTS OF LIGHT FOUNDATION 

Sec. 301. Short title. 

Sec. 302. Findings and purposes. 

Sec. 303. Authority. 

Sec. 304. Grants to the Foundation. 

Sec. 305. Eligibility of the Foundation for grants. 

TITLE IV—PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS 

Sec. 401. Projects. 

TITLE V—AUTHORIZATION OF APPROPRIATIONS 

Sec. 501. Authorization of appropriations. 

80

TITLE VI—MISCELLANEOUS PROVISIONS 

Sec. 601. Amtrak waste disposal. 

Sec. 602. Exchange program with countries in transition from totalitarianism to democracy.

SEC. 2. FINDINGS AND PURPOSE. 

(a) * * *

(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 citizens; 

øand¿

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

(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, in order to renew 

the ethic of civic responsibility and the spirit of community 

throughout the United States; 

(10) support efforts to make the nonprofit sector more effective 

in meeting the unmet human, educational, environmental, and 

public safety needs of the United States; and 

(11) assist in coordinating and strengthening Federal and 

other citizen service opportunities, including opportunities for 

participation in homeland security preparedness and response, 

including training for limited duration national service as law 

enforcement officers, firefighters and rescue personnel, search 

and rescue personnel, emergency medical service workers, and 

disaster services workers, other areas of public and social service, and international service.

TITLE I—NATIONAL AND COMMUNITY 

SERVICE STATE GRANT PROGRAM 

Subtitle A—General Provisions 

SEC. 101. DEFINITIONS. 

For purposes of this title: 

(1) * * *

* * * * * * *

(5) COMMUNITY-BASED AGENCY.—The term ‘‘community-based 

agency’’ means a private nonprofit organization (including a 

øchurch or other¿ religious entity) that—

(A) * * *

* * * * * * *

(13) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the same meaning given such 

term in øsection 101(a) of the Higher Education Act of 1965¿

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sections 101(a) and 102(a)(1) of the Higher Education Act of 

1965. 

* * * * * * *

(17) PARTICIPANT.—

(A) * * *

(B) RULE.—A participant shall not be considered to be 

an employee of the øprogram in which the participant is 

enrolled¿ organization receiving assistance under the national service laws through which the participant is enrolled in an approved national service position. 

* * * * * * *

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

means—

(A) * * *

(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. 

* * * * * * *

Subtitle B—School-Based and CommunityBased Service-Learning Programs 

øPART I—SERVE-AMERICA PROGRAMS 

øSubpart A—School-Based Programs for Students 

øSEC. 111. AUTHORITY TO ASSIST STATES AND INDIAN TRIBES. 

ø(a) USE OF FUNDS.—The Corporation, in consultation with the 

Secretary of Education, may make grants under section 112(b)(1), 

and allotments under subsections (a) and (b)(2) of section 112, to 

States (through State educational agencies), and to Indian tribes, 

to pay for the Federal share of—

ø(1) planning and building the capacity of the States or Indian tribes (which may be accomplished through grants or contracts with qualified organizations) to implement school-based 

service-learning programs, including—

ø(A) providing training for teachers, supervisors, personnel from community-based agencies (particularly with 

regard to the utilization of participants), and trainers, to 

be conducted by qualified individuals or organizations that 

have experience with service-learning; 

ø(B) developing service-learning curricula to be integrated into academic programs, including the age-appropriate learning component described in section 114(d)(2); 

ø(C) forming local partnerships described in paragraph 

(2) or (4) to develop school-based service-learning programs 

in accordance with this subpart; 

ø(D) devising appropriate methods for research and evaluation of the educational value of service-learning and the 

effect of service-learning activities on communities; and 

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ø(E) establishing effective outreach and dissemination of 

information to ensure the broadest possible involvement of 

community-based agencies with demonstrated effectiveness 

in working with school-age youth in their communities; 

ø(2) implementing, operating, or expanding school-based 

service-learning programs, which may include paying for the 

cost of the recruitment, training, supervision, placement, salaries, and benefits of service-learning coordinators, through 

State distribution of Federal funds made available under this 

subpart to projects operated by local partnerships among— ø(A) local educational agencies; and 

ø(B) one or more community partners that— ø(i) shall include a public or private nonprofit organization that— ø(I) has a demonstrated expertise in the provision of services to meet unmet human, educational, environmental, or public safety needs; 

ø(II) was in existence at least 1 year before the 

date on which the organization submitted an application under section 114; and 

ø(III) will make projects available for participants, who shall be students; and 

ø(ii) may include a private for-profit business or private elementary or secondary school; 

ø(3) planning of school-based service-learning programs, 

through State distribution of Federal funds made available 

under this subpart to local educational agencies, which planning may include paying for the cost of— ø(A) the salaries and benefits of service-learning coordinators; or 

ø(B) the recruitment, training, supervision, and placement of service-learning coordinators who are participants 

in a program under subtitle C or receive a national service 

educational award under subtitle D, 

who will identify the community partners described in paragraph (2)(B) and assist in the design and implementation of a 

program described in paragraph (2); and 

ø(4) implementing, operating, or expanding school-based 

service-learning programs involving adult volunteers to utilize 

service-learning to improve the education of students, through 

State distribution of Federal funds made available under this 

part to local partnerships among—

ø(A) local educational agencies; and 

ø(B) one or more—

ø(i) public or private nonprofit organizations; 

ø(ii) other educational agencies; or 

ø(iii) private for-profit businesses, 

that coordinate and operate projects for participants, who shall 

be students. 

ø(b) DUTIES OF SERVICE-LEARNING COORDINATOR.—A servicelearning coordinator referred to in paragraph (2) or (3) of subsection (a) shall provide services to a local educational agency by— ø(1) providing technical assistance and information to, and 

facilitating the training of, teachers who want to use servicelearning in their classrooms; 

83

ø(2) assisting local partnerships described in subsection (a) 

in the planning, development, and execution of service-learning 

projects; and 

ø(3) carrying out such other duties as the local educational 

agency may determine to be appropriate. 

ø(c) RELATED EXPENSES.—A partnership, local educational agency, or other qualified organization that receives financial assistance 

under this subpart may, in carrying out the activities described in 

subsection (a), use such assistance to pay for the Federal share of 

reasonable costs related to the supervision of participants, program 

administration, transportation, insurance, and evaluations, and for 

other reasonable expenses related to the activities. 

øSEC. 111A. AUTHORITY TO ASSIST LOCAL APPLICANTS IN NONPARTICIPATING STATES. 

øIn any fiscal year in which a State does not submit an application under section 113, for an allotment under subsection (a) or 

(b)(2) of section 112, that meets the requirements of section 113 

and such other requirements as the Chief Executive Officer may 

determine to be appropriate, the Corporation may use the allotment of that State to make direct grants to pay for the Federal 

share of the cost of—

ø(1) carrying out the activities described in paragraph (2) or 

(4) of section 111(a), to a local partnership described in such 

paragraph; or 

ø(2) carrying out the activities described in paragraph (3) of 

such section, to an agency described in such paragraph, 

that is located in the State. 

øSEC. 111B. AUTHORITY TO ASSIST PUBLIC OR PRIVATE NONPROFIT 

ORGANIZATIONS. 

ø(a) IN GENERAL.—The Corporation may make grants under section 112(b)(1) to public or private nonprofit organizations that—

ø(1) have experience with service-learning; 

ø(2) were in existence at least 1 year before the date on 

which the organization submitted an application under section 

114(a); and 

ø(3) meet such other criteria as the Chief Executive Officer 

may establish. 

ø(b) USE OF FUNDS.—Such organizations may use grants made 

under subsection (a) to make grants to partnerships described in 

paragraph (2) or (4) of section 111(a) to implement, operate, or expand school-based service-learning programs as described in such 

section and provide technical assistance and training to appropriate persons. 

øSEC. 112. GRANTS AND ALLOTMENTS. 

ø(a) INDIAN TRIBES AND TERRITORIES.—Of the amounts appropriated to carry out this subpart for any fiscal year, the Corporation shall reserve an amount of not more than 3 percent for payments to Indian tribes, the United States Virgin Islands, Guam, 

American Samoa, and the Commonwealth of the Northern Mariana 

Islands, to be allotted in accordance with their respective needs. 

The Corporation may also make payments from such amount to 

Palau, in accordance with its needs, until such time as the Compact of Free Association with Palau is ratified. 

84

ø(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:

ø(1) GRANTS.—Except as provided in paragraph (3), from 25 

percent of such remainder, the Corporation may make grants, 

on a competitive basis, to—

ø(A) States and Indian tribes; or

ø(B) as described in section 111B, to grantmaking 

entities. 

ø(2) ALLOTMENTS.—

ø(A) SCHOOL-AGE YOUTH.—Except as provided in paragraph (3), from 37.5 percent of such remainder, the Corporation shall allot to each State an amount that bears the 

same ratio to 37.5 percent of such remainder as the number of school-age youth in the State bears to the total number of school-age youth of all States. 

ø(B) ALLOCATION UNDER ELEMENTARY AND SECONDARY

EDUCATION ACT OF 1965.—Except as provided in paragraph 

(3), from 37.5 percent of such remainder, the Corporation 

shall allot to each State an amount that bears the same 

ratio to 37.5 percent of such remainder as the allocation to 

the State for the previous fiscal year under title I of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 2711 et seq.) or its successor authority bears to 

such allocations to all States. 

ø(3) MINIMUM AMOUNT.—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. If 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. 

ø(4) DEFINITION.—Notwithstanding section 101(26), for purposes of this subsection, the term ‘‘State’’ means each of the 

several States, the District of Columbia, and the Commonwealth of Puerto Rico. 

ø(c) REALLOTMENT.—If the Corporation determines that the allotment of a State or Indian tribe under this section will not be required for a fiscal year because the State or Indian tribe does not 

submit an application for the allotment under section 113 that 

meets the requirements of such section and such other requirements as the Chief Executive Officer may determine to be appropriate, the Corporation shall, after making any grants under section 111A to a partnership or agency described in such section, 

make any remainder of such allotment available for reallotment to 

such other States, and Indian tribes, with approved applications 

submitted under section 113, as the Corporation may determine to 

be appropriate. 

ø(d) EXCEPTION.—Notwithstanding subsections (a) and (b), if less 

than $20,000,000 is appropriated for any fiscal year to carry out 

this subpart, the Corporation shall award grants to States and Indian tribes, from the amount so appropriated, on a competitive 

85

basis to pay for the Federal share of the activities described in section 111. 

øSEC. 113. STATE OR TRIBAL APPLICATIONS. 

ø(a) SUBMISSION.—To be eligible to receive a grant under section 

112(b)(1), an allotment under subsection (a) or (b)(2) of section 112, 

a reallotment under section 112(c), or a grant under section 112(d), 

a State, acting through the State educational agency, or an Indian 

tribe, shall prepare, submit to the Corporation, and obtain approval 

of, an application at such time and in such manner as the Chief 

Executive Officer may reasonably require. 

ø(b) CONTENTS.—An application that is submitted under subsection (a) with respect to service-learning programs described in 

section 111 shall include—

ø(1) a 3-year strategic plan, or a revision of a previously approved 3-year strategic plan, for promoting service-learning 

through the programs, which plan shall contain such information as the Chief Executive Officer may reasonably require, including information demonstrating that the programs will be 

carried out in a manner consistent with the approved strategic 

plan; 

ø(2) assurances that—

ø(A) the applicant will keep such records and provide 

such information to the Corporation with respect to the 

programs as may be required for fiscal audits and program 

evaluation; and 

ø(B) the applicant will comply with the nonduplication 

and nondisplacement requirements of section 177 and the 

grievance procedure requirements of section 176(f); and 

ø(3) such additional information as the Chief Executive Officer may reasonably require. 

øSEC. 114. LOCAL APPLICATIONS. 

ø(a) APPLICATION TO CORPORATION TO MAKE GRANTS FOR

SCHOOL-BASED SERVICE-LEARNING PROGRAMS.—

ø(1) IN GENERAL.—To be eligible to receive a grant in accordance with section 111B(a) to make grants relating to schoolbased service-learning programs described in section 111(a), a 

grantmaking entity shall prepare, submit to the Corporation, 

and obtain approval of, an application. 

ø(2) SUBMISSION.—Such application shall be submitted at 

such time and in such manner, and shall contain such information, as the Chief Executive Officer may reasonably require. 

Such application shall include a proposal to assist such programs in more than 1 State. 

ø(b) DIRECT APPLICATION TO CORPORATION TO CARRY OUT

SCHOOL-BASED SERVICE-LEARNING PROGRAMS IN NONPARTICIPATING STATES.—To be eligible to receive a grant from the Corporation in the circumstances described in section 111A to carry out an 

activity as described in such section, a partnership or agency described in such section shall prepare, submit to the Corporation, 

and obtain approval of, an application. Such application shall be 

submitted at such time and in such manner, and shall contain such 

information, as the Chief Executive Officer may reasonably require. 

86

ø(c) APPLICATION TO STATE OR INDIAN TRIBE TO RECEIVE ASSIST- ANCE TO CARRY OUT SCHOOL-BASED SERVICE-LEARNING PRO- GRAMS.—

ø(1) IN GENERAL.—Any— ø(A) qualified organization that desires to receive financial assistance under this subpart from a State or Indian 

tribe for an activity described in section 111(a)(1); 

ø(B) partnership described in section 111(a)(2) that desires to receive such assistance from a State, Indian tribe, 

or grantmaking entity for an activity described in section 

111(a)(2);

ø(C) agency described in section 111(a)(3) that desires to 

receive such assistance from a State or Indian tribe for an 

activity described in such section; or 

ø(D) partnership described in section 111(a)(4) that desires to receive such assistance from a State or Indian 

tribe for an activity described in such section, 

to be carried out through a service-learning program described 

in section 111, shall prepare, submit to the State educational 

agency, Indian tribe, or grantmaking entity, and obtain approval of, an application for the program. 

ø(2) SUBMISSION.—Such application shall be submitted at 

such time and in such manner, and shall contain such information, as the agency, tribe, or entity may reasonably require. 

ø(d) REGULATIONS.—The Corporation shall by regulation establish standards for the information and assurances required to be 

contained in an application submitted under subsection (a) or (b) 

with respect to a service-learning program described in section 111, 

including, at a minimum, assurances that— ø(1) prior to the placement of a participant, the entity carrying out the program will consult with the appropriate local 

labor organization, if any, representing employees in the area 

who are engaged in the same or similar work as that proposed 

to be carried out by such program, to prevent the displacement 

and protect the rights of such employees; 

ø(2) the entity carrying out the program will develop an ageappropriate learning component for participants in the program that shall include a chance for participants to analyze 

and apply their service experiences; and 

ø(3) the entity carrying out the program will comply with the 

nonduplication and nondisplacement requirements of section 

177 and the grievance procedure requirements of section 

176(f). 

ø(e) LIMITATION ON SAME PROJECT IN MULTIPLE APPLICATIONS.—

No applicant shall submit an application under section 113 or this 

section, and the Corporation shall reject an application that is submitted under section 113 or this section, if the application describes 

a project proposed to be conducted using assistance requested by 

the applicant and the project is already described in another application pending before the Corporation. 

øSEC. 115. CONSIDERATION OF APPLICATIONS. 

ø(a) CRITERIA FOR APPLICATIONS.—In approving applications for 

financial assistance under subsection (a), (b), (c), or (d) of section 

112, the Corporation shall consider such criteria with respect to 

sustainability, replicability, innovation, and quality of programs 

87

under this subpart as the Chief Executive Officer may by regulation specify. In providing assistance under this subpart, a State 

educational agency, Indian tribe, or grantmaking entity shall consider such criteria. 

ø(b) PRIORITY FOR LOCAL APPLICATIONS.—In providing assistance 

under this subpart, a State educational agency or Indian tribe, or 

the Corporation if section 111A or 111B applies, shall give priority 

to entities that submit applications under section 114 with respect 

to service-learning programs described in section 111 that— ø(1) involve participants in the design and operation of the 

program; 

ø(2) are in the greatest need of assistance, such as programs 

targeting low-income areas; 

ø(3) involve— ø(A) students from public elementary or secondary 

schools, and students from private elementary or secondary schools, serving together; or 

ø(B) students of different ages, races, sexes, ethnic 

groups, disabilities, or economic backgrounds, serving together; or 

ø(4) are integrated into the academic program of the participants. 

ø(c) REJECTION OF APPLICATIONS.—If the Corporation rejects an 

application submitted by a State under section 113 for an allotment 

under section 112(b)(2), the Corporation shall promptly notify the 

State of the reasons for the rejection of the application. The Corporation shall provide the State with a reasonable opportunity to 

revise and resubmit the application and shall provide technical assistance, if needed, to the State as part of the resubmission process. 

The Corporation shall promptly reconsider such resubmitted application.

øSEC. 115A. PARTICIPATION OF STUDENTS AND TEACHERS FROM 

PRIVATE SCHOOLS. 

ø(a) IN GENERAL.—To the extent consistent with the number of 

students in the State or Indian tribe or in the school district of the 

local educational agency involved who are enrolled in private nonprofit elementary and secondary schools, such State, Indian tribe, 

or agency shall (after consultation with appropriate private school 

representatives) make provision—

ø(1) for the inclusion of services and arrangements for the 

benefit of such students so as to allow for the equitable participation of such students in the programs implemented to carry 

out the objectives and provide the benefits described in this 

subpart; and 

ø(2) for the training of the teachers of such students so as 

to allow for the equitable participation of such teachers in the 

programs implemented to carry out the objectives and provide 

the benefits described in this subpart. 

ø(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 

88

for the provision of services to such students and teachers. Such 

waivers shall be subject to consultation, 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.

øSEC. 116. FEDERAL, STATE, AND LOCAL CONTRIBUTIONS. 

ø(a) SHARE.—

ø(1) IN GENERAL.—The Federal share attributable to this 

subpart of the cost of carrying out a program for which a grant 

or allotment is made under this subpart may not exceed—

ø(A) 90 percent of the total cost of the program for the 

first year for which the program receives assistance under 

this subpart; 

ø(B) 80 percent of the total cost of the program for the 

second year for which the program receives assistance 

under this subpart; 

ø(C) 70 percent of the total cost of the program for the 

third year for which the program receives assistance under 

this subpart; and 

ø(D) 50 percent of the total cost of the program for the 

fourth year, and for any subsequent year, for which the 

program receives assistance under this subpart. 

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

the cost of carrying out such a program, each recipient of assistance under this subpart—

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

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

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

local sources, or Federal sources (other than funds made 

available under the national service laws). 

ø(b) WAIVER.—The Chief Executive Officer may waive the requirements of subsection (a) in whole or in part with respect to any 

such 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. 

øSEC. 116A. LIMITATIONS ON USES OF FUNDS. 

ø(a) ADMINISTRATIVE COSTS.—

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

assistance provided to a State educational agency, Indian tribe, 

or grantmaking entity that is the original recipient of a grant 

or allotment under subsection (a), (b), (c), or (d) of section 112 

for a fiscal year may be used to pay for administrative costs 

incurred by—

ø(A) the original recipient; or 

ø(B) the entity carrying out the service-learning programs supported with the assistance. 

ø(2) RULES ON USE.—The Chief Executive Officer may by 

rule prescribe the manner and extent to which—

ø(A) such assistance may be used to cover administrative costs; and 

89

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

ø(i) the original recipient; and 

ø(ii) the entity carrying out the service-learning programs supported with the assistance. 

ø(b) CAPACITY-BUILDING ACTIVITIES.—

ø(1) IN GENERAL.—Except as provided in paragraph (2), not 

less than 10 percent and not more than 15 percent of the 

amount of assistance provided to a State educational agency or 

Indian tribe that is the original recipient of a grant or allotment under subsection (a), (b), (c), or (d) of section 112 for a 

fiscal year may be used to build capacity through training, 

technical assistance, curriculum development, and coordination 

activities, described in section 111(a)(1). 

ø(2) WAIVER.—The Chief Executive Officer may waive the requirements of paragraph (1) in order to permit an agency or 

a tribe to use not less than 10 percent and not more than 20 

percent of such amount to build capacity as provided in paragraph (1). To be eligible to receive such a waiver such an agency or tribe shall submit an application to the Chief Executive 

Officer at such time, in such manner, and containing such information as the Chief Executive Officer may require. 

ø(c) LOCAL USES OF FUNDS.—Funds made available under this 

subpart may not be used to pay any stipend, allowance, or other 

financial support to any student who is a participant under this 

subtitle, except reimbursement for transportation, meals, and other 

reasonable out-of-pocket expenses directly related to participation 

in a program assisted under this subpart. 

øSEC. 116B. DEFINITIONS. 

øAs used in this subpart: 

ø(1) GRANTMAKING ENTITY.—The term ‘‘grantmaking entity’’

means an organization described in section 111B(a). 

ø(2) SCHOOL-BASED.—The term ‘‘school-based’’ means based 

in an elementary school or a secondary school. 

ø(3) STUDENT.—Notwithstanding section 101(29), the term 

‘‘student’’ means an individual who is enrolled in an elementary or secondary school on a full- or part-time basis. 

øSubpart B—Community-Based Service Programs 

for School-Age Youth 

øSEC. 117. DEFINITIONS. 

øAs used in this subpart: 

ø(1) COMMUNITY-BASED SERVICE PROGRAM.—The term ‘‘community-based service program’’ means a program described in 

section 117A(b)(1)(A). 

ø(2) GRANTMAKING ENTITY.—The term ‘‘grantmaking entity’’

means a qualified organization that—

ø(A) submits an application under section 117C(a) to 

make grants to qualified organizations; 

ø(B) was in existence at least 1 year before the date on 

which the organization submitted the application; and 

ø(C) meets such other criteria as the Chief Executive Officer shall establish. 

90

ø(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. 

øSEC. 117A. GENERAL AUTHORITY. 

ø(a) GRANTS.—From the funds appropriated to carry out this subpart for a fiscal year, the Corporation may make grants to State

Commissions, grantmaking entities, and qualified organizations to 

pay for the Federal share of the implementation, operation, expansion, or replication of community-based service programs. 

ø(b) USE OF FUNDS.— ø(1) STATE COMMISSIONS AND GRANTMAKING ENTITIES.—A 

State Commission or grantmaking entity may use a grant 

made under subsection (a)— ø(A) to make a grant to a qualified organization to implement, operate, expand, or replicate a community-based 

service program that provides for meaningful human, educational, environmental, or public safety service by participants, who shall be school-age youth; or 

ø(B) to provide training and technical assistance to such 

an organization. 

ø(2) QUALIFIED ORGANIZATIONS.—A qualified organization, 

other than a grantmaking entity, may use a grant made under 

subsection (a) to implement, operate, expand, or replicate a 

program described in paragraph (1)(A). 

øSEC. 117B. STATE APPLICATIONS. 

ø(a) IN GENERAL.—To be eligible to receive a grant under section 

117A(a), a State Commission shall prepare, submit to the Corporation, and obtain approval of, an application. 

ø(b) SUBMISSION.—Such application shall be submitted to the 

Corporation at such time and in such manner, and shall contain 

such information, as the Chief Executive Officer may reasonably 

require. 

ø(c) CONTENTS.—Such an application shall include, at a minimum, a State plan that contains the information and assurances 

described in section 117C(d) with respect to each community-based 

service program proposed to be carried out through funding distributed by the State Commission under this subpart. 

øSEC. 117C. LOCAL APPLICATIONS. 

ø(a) APPLICATION TO CORPORATION TO MAKE GRANTS FOR COMMUNITY-BASED SERVICE PROGRAMS.—To be eligible to receive a 

grant from the Corporation under section 117A(a) to make grants 

under section 117A(b)(1), a grantmaking entity shall prepare, submit to the Corporation, and obtain approval of, an application that 

proposes a community-based service program to be carried out 

through grants made to qualified organizations. Such application 

shall be submitted at such time and in such manner, and shall contain such information, as the Chief Executive Officer may reasonably require. 

ø(b) DIRECT APPLICATION TO CORPORATION TO CARRY OUT COMMUNITY-BASED SERVICE PROGRAMS.—To be eligible to receive a 

grant from the Corporation under section 117A(a) to implement, 

operate, expand, or replicate a community service program, a qualified organization shall prepare, submit to the Corporation, and obVerDate May 23 2002 05:55 Jun 30, 2002 Jkt 099006 PO 00000 Frm 00090 Fmt 6659 Sfmt 6602 E:\HR\OC\HR521.XXX pfrm17 PsN: HR521
91

tain approval of, an application that proposes a community-based 

service program to be carried out at multiple sites, or that proposes 

an innovative community-based service program. Such application 

shall be submitted at such time and in such manner, and shall contain such information, as the Chief Executive Officer may reasonably require.

ø(c) APPLICATION TO STATE COMMISSION OR GRANTMAKING ENTI- TY TO RECEIVE GRANTS TO CARRY OUT COMMUNITY-BASED SERVICE

PROGRAMS.—To be eligible to receive a grant from a State Commission or grantmaking entity under section 117A(b)(1), a qualified organization shall prepare, submit to the Commission or entity, and 

obtain approval of, an application. Such application shall be submitted at such time and in such manner, and shall contain such 

information, as the Commission or entity may reasonably require. 

ø(d) REGULATIONS.—The Corporation shall by regulation establish standards for the information and assurances required to be 

contained in an application submitted under subsection (a) or (b) 

with respect to a community-based service program, including, at 

a minimum— ø(1) an assurance that the entity carrying out the program 

proposed by the applicant will comply with the nonduplication 

and nondisplacement provisions of section 177 and the grievance procedure requirements of section 176(f); 

ø(2) an assurance that the entity carrying out the program 

will, prior to placing a participant in the program, consult with 

the appropriate local labor organization, if any, representing 

employees in the area in which the program will be carried out 

that are engaged in the same or similar work as the work proposed to be carried out by the program, to prevent the displacement of such employees; and 

ø(3) in the case of an application submitted by a 

grantmaking entity, information demonstrating that the entity 

will make grants for a program to— ø(A) carry out activities described in section 117A(b)(1) 

in two or more States, under circumstances in which the 

activities carried out under such program can be carried 

out more efficiently through one program than through 

two or more programs; and 

ø(B) carry out the same activities, such as training activities or activities related to exchanging information on 

service experiences, through each of the projects assisted 

through the program. 

ø(e) LIMITATION ON SAME PROJECT IN MULTIPLE APPLICATIONS.—

No applicant shall submit an application under section 117B or 

this section, and the Corporation shall reject an application that is 

submitted under section 117B or this section, if the application describes a project proposed to be conducted using assistance requested by the applicant and the project is already described in another application pending before the Corporation. 

øSEC. 117D. CONSIDERATION OF APPLICATIONS. 

ø(a) APPLICATION OF CRITERIA.—The Corporation shall apply the 

criteria described in subsection (b) in determining whether to approve an application submitted under section 117B or under subsection (a) or (b) of section 117C and to provide assistance under 

section 117A to the applicant on the basis of the application.

92

ø(b) ASSISTANCE CRITERIA.—In evaluating such an application 

with respect to a program under this subpart, the Corporation shall 

consider the criteria established for national service programs 

under section 133(c).

ø(c) APPLICATION TO SUBGRANTS.—A State Commission or 

grantmaking entity shall apply the criteria described in subsection 

(b) in determining whether to approve an application under section 

117C(c) and to make a grant under section 117A(b)(1) to the applicant on the basis of the application. 

øSEC. 117E. FEDERAL, STATE, AND LOCAL CONTRIBUTIONS. 

ø(a) FEDERAL SHARE.—

ø(1) IN GENERAL.—The Federal share attributable to this 

subpart of the cost of carrying out a program for which a grant 

is made under this subpart may not exceed the percentage 

specified in subparagraph (A), (B), (C), or (D) of section 

116(a)(1), as appropriate. 

ø(2) CALCULATION.—Each recipient of assistance under this 

subpart shall comply with section 116(a)(2). 

ø(b) WAIVER.—The Chief Executive Officer may waive the requirements of subsection (a), in whole or in part, as provided in 

section 116(b). 

øSEC. 117F. LIMITATIONS ON USES OF FUNDS. 

ø(a) ADMINISTRATIVE COSTS.—Not more than 5 percent of the 

amount of assistance provided to a State Commission, grantmaking 

entity, or qualified organization that is the original recipient of a 

grant under section 117A(a) for a fiscal year may be used to pay 

for administrative costs incurred by—

ø(1) the original recipient; or 

ø(2) the entity carrying out the community-based service programs supported with the assistance. 

ø(b) RULES ON USE.—The Chief Executive Officer may by rule 

prescribe the manner and extent to which—

ø(1) such assistance may be used to cover administrative 

costs; and 

ø(2) that portion of the assistance available to cover administrative costs should be distributed between—

ø(A) the original recipient; and

ø(B) the entity carrying out the community-based service 

programs supported with the assistance. 

øSubpart C—Clearinghouse 

øSEC. 118. SERVICE-LEARNING CLEARINGHOUSE. 

ø(a) IN GENERAL.—The Corporation shall provide financial assistance, from funds appropriated to carry out subtitle H, to organizations described in subsection (b) to establish a clearinghouse, which 

shall carry out activities, either directly or by arrangement with 

another such organization, with respect to information about service-learning. 

ø(b) PUBLIC OR PRIVATE NONPROFIT ORGANIZATIONS.—Public or 

private nonprofit organizations that have extensive experience with 

service-learning, including use of adult volunteers to foster servicelearning, shall be eligible to receive assistance under subsection (a). 

93

ø(c) FUNCTION OF CLEARINGHOUSE.—An organization that receives assistance under subsection (a) may—

ø(1) assist entities carrying out State or local service-learning programs with needs assessments and planning; 

ø(2) conduct research and evaluations concerning servicelearning; 

ø(3)(A) provide leadership development and training to State 

and local service-learning program administrators, supervisors, 

service sponsors, and participants; and 

ø(B) provide training to persons who can provide the leadership development and training described in subparagraph (A); 

ø(4) facilitate communication among entities carrying out 

service-learning programs and participants in such programs; 

ø(5) provide information, curriculum materials, and technical 

assistance relating to planning and operation of service-learning programs, to States and local entities eligible to receive financial assistance under this title; 

ø(6) provide information regarding methods to make servicelearning programs accessible to individuals with disabilities; 

ø(7)(A) gather and disseminate information on successful 

service-learning programs, components of such successful programs, innovative youth skills curricula related to servicelearning, and service-learning projects; and 

ø(B) coordinate the activities of the Clearinghouse with appropriate entities to avoid duplication of effort; 

ø(8) make recommendations to State and local entities on 

quality controls to improve the quality of service-learning programs; 

ø(9) assist organizations in recruiting, screening, and placing 

service-learning coordinators; and 

ø(10) carry out such other activities as the Chief Executive 

Officer determines to be appropriate.¿

PART I—PROGRAMS FOR ELEMENTARY AND 

SECONDARY STUDENTS 

SEC. 111. ASSISTANCE TO STATES AND INDIAN TRIBES. 

(a) ALLOTMENTS TO STATES, TERRITORIES, AND INDIAN TRIBES.—

The Corporation, in consultation with the Secretary of Education, 

may make allotments to State educational agencies, United States 

territories, and Indian tribes to pay for the Federal share of—

(1) planning and building the capacity within the State to 

implement service-learning programs that are based principally 

in elementary and secondary schools, including—

(A) providing training for teachers, supervisors, personnel 

from community-based agencies (particularly with regard 

to the utilization of participants), and trainers, to be conducted by qualified individuals or organizations that have 

experience with service-learning; 

(B) developing service-learning curricula, consistent with 

State or local student academic achievement standards, to 

be integrated into academic programs, including an age-appropriate learning component that provides participants an 

opportunity to analyze and apply their service experiences;

94

(C) forming local partnerships described in paragraph (2) 

or (4) to develop school-based service-learning programs in 

accordance with this part; 

(D) devising appropriate methods for research and evaluation of the educational value of service-learning and the 

effect of service-learning activities on communities; and 

(E) establishing effective outreach and dissemination of 

information to ensure the broadest possible involvement of 

community-based agencies with demonstrated effectiveness 

in working with school-age youth in their communities; 

(2) implementing, operating, or expanding school-based service-learning programs, which may include paying for the cost of 

the recruitment, training, supervision, placement, salaries, and 

benefits of service-learning coordinators, through distribution of 

Federal funds by State educational agencies made available 

under this part to projects operated by local partnerships 

among—

(A) local educational agencies; and 

(B) 1 or more community partners that—

(i) shall include a public or private nonprofit organization that—

(I) has a demonstrated expertise in the provision 

of services to meet unmet human, education, environmental, or public safety needs; and 

(II) will make projects available for participants, 

who shall be students; and 

(ii) may include a private for-profit business or private elementary or secondary school; 

(3) planning of school-based service-learning programs, 

through distribution by State educational agencies of Federal 

funds made available under this part to local educational agencies, which planning may include paying for the cost of—

(A) the salaries and benefits of service-learning coordinators; or 

(B) the recruitment, training, supervision, and placement 

of service-learning coordinators who may be participants in 

a program under subtitle C or receive a national service 

educational award under subtitle D, 

who will identify the community partners described in paragraph (2)(B) and assist in the design and implementation of a 

program described in paragraph (2); or 

(4) implementing, operating, or expanding school-based service-learning programs to utilize service-learning to improve the 

education of students, through distribution by State educational 

agencies of Federal funds made available under this part to—

(A) local educational agencies; 

(B) public or private nonprofit organizations; 

(C) other educational agencies; or 

(D) partnerships or combinations of local educational 

agencies and entities described in subparagraphs (B) and 

(C). 

(b) DUTIES OF SERVICE-LEARNING COORDINATOR.—A servicelearning coordinator referred to in paragraph (2) or (3) of subsection 

(a) shall provide services that may include—

95

(1) providing technical assistance and information to, and facilitating the training of, teachers who want to use servicelearning in their classrooms; 

(2) assisting local partnerships described in subsection (a) in 

the planning, development, and execution of service-learning 

projects; and 

(3) carrying out such other duties as the recipient of assistance under this part may determine to be appropriate. 

(c) RELATED EXPENSES.—An entity that receives financial assistance under this part may, in carrying out the activities described 

in subsection (a), use such assistance to pay for the Federal share 

of reasonable costs related to the supervision of participants, program administration, transportation, insurance, and evaluations 

and for other reasonable expenses related to the activities. 

SEC. 112. ALLOTMENTS. 

(a) INDIAN TRIBES AND TERRITORIES.—Of the amounts appropriated to carry out this part for any fiscal year, the Corporation 

shall reserve an amount of not more than 3 percent for payments 

to Indian tribes, the United States Virgin Islands, Guam, American 

Samoa, and the Commonwealth of the Northern Mariana Islands, 

to be allotted in accordance with their respective needs. 

(b) ALLOTMENTS THROUGH STATES.—After reserving amounts 

under subsection (a), the Corporation shall use the remainder of the 

funds appropriated to carry out this part for any fiscal year as follows: 

(1) ALLOTMENTS.—

(A) SCHOOL-AGE YOUTH.—From 50 percent of such remainder, the Corporation shall allot to each State an 

amount that bears the same ratio to 50 percent of such remainder as the number of school-age youth in the State 

bears to the total number of school-age youth of all States. 

(B) ALLOCATION UNDER ELEMENTARY AND SECONDARY

EDUCATION ACT OF 1965.—From 50 percent of such remainder, the Corporation shall allot to each State an amount 

that bears the same ratio to 50 percent of such remainder 

as the allocation to the State for the previous fiscal year 

under title I of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 2711 et seq.) or its successor authority bears to such allocations to all States. 

(2) DEFINITION.—Notwithstanding section 101(26), for purposes of this subsection, the term ‘‘State’’ means each of the several States, the District of Columbia, and the Commonwealth of 

Puerto Rico. 

(c) REALLOTMENT.—If the Corporation determines that the allotment of a State or Indian tribe under this section will not be required for a fiscal year because the State or Indian tribe does not 

submit an application for the allotment under section 113 that 

meets the requirements of such section and such other requirements 

as the Chief Executive Officer may determine to be appropriate, the 

Corporation shall make any remainder of such allotment available 

for reallotment to such other States and Indian tribes, with approved applications submitted under section 113, as the Corporation 

may determine to be appropriate. 

96

SEC. 113. APPLICATIONS. 

An application for an allotment under this part shall include—

(1) a proposal for a 3-year plan promoting service-learning, 

which shall contain such information as the Chief Executive Officer may reasonably require, including how the applicant will 

integrate service opportunities into the academic program of the 

participants; 

(2) information, when applicable, about the applicant’s efforts 

to—

(A) include any opportunities for students enrolled in 

schools or other programs of education providing elementary or secondary education under State law to participate 

in service-learning programs and ensure that such servicelearning programs include opportunities for such students 

to serve together; 

(B) involve participants in the design and operation of 

the program; 

(C) promote service-learning in areas of greatest need, including low-income areas; 

(D) ensure that students of different ages, races, sexes, 

ethnic groups, disabilities, and economic backgrounds have 

opportunities to serve together; and 

(E) otherwise integrate service opportunities into the academic program of the participants; and 

(3) assurances that the applicant will comply with the nonduplication and nondisplacement requirements of section 177 

and the grievance procedures required by section 176. 

SEC. 114. CONSIDERATION OF APPLICATIONS. 

In considering applications under this part, the Corporation shall 

use criteria that include those approved by the Board of Directors. 

SEC. 115. FEDERAL, STATE, AND LOCAL CONTRIBUTIONS. 

(a) FEDERAL SHARE.—

(1) IN GENERAL.—The Federal share of the cost of carrying 

out a program for which a grant is made under this part may 

not exceed 50 percent of the total cost of the program. 

(2) NON-FEDERAL CONTRIBUTION.—In providing for the remaining share of the cost of carrying out such a program, each 

recipient of a grant under this part—

(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 or 

local sources. 

(b) WAIVER.—The Chief Executive Officer may waive the requirements of subsection (a) in whole or in part with respect to any such 

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.

SEC. 116. LIMITATIONS ON USES OF FUNDS. 

Not more than 5 percent of the amount of assistance received by 

an applicant in a fiscal year may be used to pay for administrative 

costs, in accordance with such standards as the Corporation may 

issue.

97

PART II—HIGHER EDUCATION INNOVATIVE 

PROGRAMS FOR COMMUNITY SERVICE 

SEC. 119. HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY SERVICE. 

(a) * * *

* * * * * * *

ø(c) FEDERAL SHARE.—

ø(1) SHARE.—

ø(A) IN GENERAL.—The Federal share of the cost of carrying out a community service project for which a grant or 

contract is awarded under this part may not exceed 50 

percent. 

ø(B) CALCULATION.—Each recipient of assistance under 

this part shall comply with section 116(a)(2). 

ø(2) WAIVER.—The Chief Executive Officer may waive the requirements of paragraph (1), in whole or in part, as provided 

in section 116(b). 

ø(d) APPLICATION FOR GRANT.—

ø(1) SUBMISSION.—To receive a grant or enter into a contract 

under this part, an institution or partnership described in subsection (b) shall prepare, submit to the Corporation, and obtain 

approval of, an application at such time, in such manner, and 

containing such information and assurances as the Corporation 

may reasonably require. In requesting applications for assistance under this part, the Corporation shall specify such required information and assurances. 

ø(2) CONTENTS.—An application submitted under paragraph 

(1) shall contain, at a minimum—

ø(A) assurances that—

ø(i) prior to the placement of a participant, the applicant will consult with the appropriate local labor organization, if any, representing employees in the area 

who are engaged in the same or similar work as that 

proposed to be carried out by such program, to prevent 

the displacement and protect the rights of such employees; and 

ø(ii) the applicant will comply with the nonduplication and nondisplacement provisions of section 177 

and grievance procedure requirements of section 

176(f); and 

ø(B) such other assurances as the Chief Executive Officer may reasonably require. 

ø(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) 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; 

98

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

promote faculty, administration, and staff participation in 

the community service projects; 

ø(C) 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) describe any partnership that will participate in the 

community service projects, such as a partnership comprised of—

ø(i) the institution; 

ø(ii)(I) a community-based agency; 

ø(II) a local government agency; or 

ø(III) a nonprofit entity that serves or involves 

school-age youth or older adults; and 

ø(iii) a student organization; 

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

ø(F) specify that the institution will use such assistance 

to strengthen the service infrastructure in institutions of 

higher education; or 

ø(G) with respect to projects involving delivery of 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 subparagraphs (A) through (G) of paragraph (1) that is reflected in the 

application submitted by the applicant. 

ø(f) NATIONAL SERVICE EDUCATIONAL AWARD.—A participant in a 

program funded under this part shall be eligible for the national 

service educational award described in subtitle D, if the participant 

served in an approved national service position. 

ø(g) DEFINITION.—Notwithstanding section 101(29), as used in 

this part, the term ‘‘student’’ means an individual who is enrolled 

in an institution of higher education on a full- or part-time basis.¿

(c) SPECIAL CONSIDERATION.—To the extent practicable, the Corporation shall give special consideration to applications submitted 

by Historically Black Colleges and Universities, Hispanic-serving 

institutions, and Tribal Colleges and Universities. 

(d) FEDERAL, STATE, AND LOCAL CONTRIBUTIONS.—

(1) FEDERAL SHARE.—

(A) IN GENERAL.—The Federal share of the cost of carrying out a program for which a grant is made under this 

part may not exceed 50 percent of the total cost of the program.

(B) NON-FEDERAL CONTRIBUTION.—In providing for the 

remaining share of the cost of carrying out such a program, 

each recipient of a grant under this part—

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

cash or in kind, fairly evaluated, including facilities, 

equipment, or services; and 

(ii) may provide for such share through State sources 

or local sources. 

99

(2) WAIVER.—The Chief Executive Officer may waive the requirements of subsection (a) in whole or in part with respect to 

any such 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) APPLICATION FOR GRANT.— (1) SUBMISSION.—To receive a grant or enter into a contract 

under this part, an applicant shall prepare, submit to the Corporation, and obtain approval of, an application at such time, 

in such manner, and containing such information and assurances as the Corporation may reasonably require. In requesting 

applications for assistance under this part, the Corporation 

shall specify such required information and assurances. 

(2) CONTENTS.—An application submitted under paragraph 

(1) shall contain, at a minimum— (A) assurances that— (i) prior to the placement of a participant, the applicant will consult with the appropriate local labor organization, if any, representing employees in the area 

who are engaged in the same or similar work as that 

proposed to be carried out by such program, to prevent 

the displacement and protect the rights of such employees; and 

(ii) the applicant will comply with the nonduplication and nondisplacement provisions of section 177 

and the grievance procedures required by section 176; 

and 

(B) such other assurances as the Chief Executive Officer 

may reasonably require. 

(f) PRIORITY.—In making grants and entering into contracts 

under subsection (b), the Corporation shall give priority to applicants that submit applications containing proposals that— (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; 

(2) specify the manner in which the institution will promote 

faculty, administration, and staff participation in the community service projects; 

(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; 

(4) describe any partnership that will participate in the community service projects, such as a partnership comprised of—

(A) the institution; 

(B)(i) a community-based agency; 

(ii) a local government agency; or 

(iii) a non-profit entity that serves or involves school-age 

youth or older adults; and 

(C) a student organization; 

(5) demonstrate community involvement in the development of 

the proposal; 

(6) describe research designed to identify best practices and 

other methods to improve service-learning; 

100

(7) specify that the institution will use such assistance to 

strengthen the service infrastructure in institutions of higher 

education; or 

(8) with respect to projects involving delivery of services, 

specify projects that involve leadership development of school 

aged youth. 

(g) DEFINITION.—Notwithstanding section 101(29), as used in this 

part, the term ‘‘student’’ means an individual who is enrolled in an 

institution of higher education on a full- or part-time basis. 

(h) FEDERAL WORK-STUDY.—To be eligible for assistance under 

this part, an institution of higher education must demonstrate that 

it meets the minimum requirements under section 443(b)(2)(B) of the 

Higher Education Act of 1965 (42 U.S.C. 2753(b)(2)(B)) relating to 

the participation of Federal Work-Study students in community 

service activities, or has received a waiver of those requirements 

from the Secretary of Education. 

PART III—COMMUNITY-BASED PROGRAMS, 

TRAINING, AND OTHER INITIATIVES 

SEC. 120. COMMUNITY-BASED PROGRAMS, TRAINING, AND OTHER INITIATIVES. 

(a) METHODS OF SUPPORTING ACTIVITIES.—From the funds appropriated to carry out this part for a fiscal year, the Corporation may 

make grants to, or enter into contracts or cooperative agreements 

with, eligible entities. 

(b) ELIGIBLE ENTITIES.—Eligible entities under this part are public or private nonprofit organizations, State education agencies, 

State commissions on national and community service, institutions 

of higher education, and consortia of such entities. 

(c) AUTHORIZED ACTIVITIES.—Funds appropriated to carry out 

this part may be used to—

(1) conduct community-based programs that provide for 

meaningful human, educational, environmental, or public safety service by school-age participants; 

(2) provide training or technical assistance to support servicelearning; 

(3) involve students in emergency preparedness and homeland 

security activities; 

(4) promote the recognition of students who perform outstanding community service and schools that have implemented 

outstanding service-learning programs; and 

(5) carry out demonstration programs, research, and evaluation related to service-learning.

(d) LIMITATION ON FEDERAL SHARE OF COMMUNITY-BASED PROGRAM COSTS.—

(1) IN GENERAL.—Except as provided in paragraph (4), the 

Federal share of the cost of carrying out a program for which 

a grant is made under this part may not exceed 50 percent of 

the total cost of the program. 

(2) NON-FEDERAL CONTRIBUTION.—In providing for the remaining share of the cost of carrying out such a program, each 

recipient of assistance under this part—

101

(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 or 

local sources. 

(3) WAIVER.—The Chief Executive Officer may waive the requirements of paragraph (1) in whole or in part with respect to 

any such 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. 

(4) EXEMPTION.—The requirements in paragraph (1) shall not 

apply to entities that receive a grant or enter into a cooperative 

agreement or contract to provide training or technical assistance, recognition, demonstration, research, or evaluation under 

this part. 

PART IV—CLEARINGHOUSE 

SEC. 120A. SERVICE-LEARNING CLEARINGHOUSE. 

(a) IN GENERAL.—The Corporation shall provide financial assistance, from funds appropriated to carry out subtitle H, to organizations described in subsection (b) to establish a clearinghouse, which 

shall carry out activities, either directly or by arrangement with another such organization, with respect to information about servicelearning. 

(b) PUBLIC OR PRIVATE NONPROFIT ORGANIZATIONS.—Public or 

private nonprofit organizations that have extensive experience with 

service-learning, including use of adult volunteers to foster servicelearning, shall be eligible to receive assistance under subsection (a). 

(c) FUNCTION OF CLEARINGHOUSE.—An organization that receives 

assistance under subsection (a) may—

(1) assist entities carrying out State or local service-learning 

programs with needs assessments and planning; 

(2) conduct research and evaluations concerning servicelearning; 

(3)(A) provide leadership development and training to State 

and local service-learning program administrators, supervisors, 

service sponsors, and participants; and 

(B) provide training to persons who can provide the leadership development and training described in subparagraph (A); 

(4) facilitate communication among entities carrying out service-learning programs and participants in such programs; 

(5) provide information, curriculum materials, and technical 

assistance relating to planning and operation of service-learning programs, to States and local entities eligible to receive financial assistance under this title; 

(6) provide information regarding methods to make servicelearning programs accessible to individuals with disabilities; 

(7)(A) gather and disseminate information on successful service-learning programs, components of such successful programs, 

innovative youth skills curricula related to service-learning, and 

service-learning projects; and 

(B) coordinate the activities of the Clearinghouse with appropriate entities to avoid duplication of effort; 

102

(8) make recommendations to State and local entities on quality controls to improve the quality of service-learning programs; 

(9) assist organizations in recruiting, screening, and placing 

service-learning coordinators; and 

(10) carry out such other activities as the Chief Executive Officer determines to be appropriate.

Subtitle C—National Service Trust 

Program 

PART I—INVESTMENT IN NATIONAL SERVICE 

SEC. 121. AUTHORITY TO PROVIDE ASSISTANCE AND APPROVED NATIONAL SERVICE POSITIONS. 

(a) * * *

(b) RESTRICTIONS ON AGREEMENTS WITH FEDERAL AGENCIES.— (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 øby 

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.¿ by the agency, including programs under the Public Lands Corps and Urban Youth Corps 

as described in section 122(a)(2).

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.¿

(2) PROHIBITION ON GRANTS.—The Corporation may not provide a grant under this section to a Federal agency.

(3) CONSULTATION WITH STATE COMMISSIONS.—A Federal 

agency øreceiving assistance under this subsection¿ operating 

a national service program shall consult with the State Commissions for those States in which projects will be conducted 

øusing such assistance¿ in order to ensure that the projects do 

not duplicate projects conducted by State or local national service programs. 

* * * * * * *

(c) PROVISION OF APPROVED NATIONAL SERVICE POSITIONS.—As 

part of the provision of øassistance under subsections (a) and (b)¿

assistance under subsection (a), or in conjunction with approving 

member-based national service positions under section 129A, 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 øcarried out using such assistance¿ carried out using such assistance or in national service 

positions approved under section 129A; and 

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

(A) * * *

103

(B) the total number of approved national service positions øto be provided¿ to be provided or otherwise approved. 

(d) 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 

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

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

(A) * * *

* * * * * * *

(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 

* * * * * * *

SEC. 122. 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: 

(1) * * *

* * * * * * *

(9) A program in which economically disadvantaged individuals who are øbetween the ages of 16 and 24¿ between the ages 

of 16 and 25 years of age, inclusive, are provided with opportunities to perform service that, while enabling such individuals 

to obtain the education and employment skills necessary to 

achieve economic self-sufficiency, will help their communities 

meet—

(A) * * *

* * * * * * *

(15) An E-Corps program that involves participants who provide service in a community by developing and assisting in carrying out technology programs. 

(16) A program that engages citizens in public safety, public 

health, and disaster relief and preparedness, and may include 

the recruitment and placing of qualified participants in positions to be trainees as law enforcement officers, firefighters and 

rescue personnel, search and rescue personnel, emergency medical service workers, and/or disaster services workers. 

(17) A program, initiative, or partnership that seeks to expand the number of young people with mentors, either through 

provision of direct mentoring services or through activities that 

build the capacity of mentoring organizations to serve more 

young people.

104

ø(15)¿ (18) Such other national service programs addressing 

unmet human, educational, environmental, or public safety 

needs as the Corporation may designate. 

* * * * * * *

(c) NATIONAL SERVICE PRIORITIES.—

(1) ESTABLISHMENT.—

(A) BY CORPORATION.—In order to concentrate national 

efforts on meeting certain unmet human, educational, environmental, or public safety needs and to achieve the 

other purposes of this Act, the Corporation shall establish, 

and after reviewing the strategic plan approved under section 192A(g)(1), periodically alter priorities as appropriate 

regarding the types of national service programs to be assisted under øsubsection (b) or (d) of¿ section 129 and the 

purposes for which such assistance may be used. 

* * * * * * *

(d) HIGH SCHOOL DEGREE REQUIRED FOR TUTORS.—The Corporation shall require that recipients of assistance under the national 

service laws to operate tutoring programs involving elementary or 

secondary school students shall certify that individuals serving in 

approved national service positions as tutors in such programs have 

obtained their high school diploma or its equivalent, or are enrolled 

in a program leading to their obtaining a high school diploma. 

(e) LITERACY PROGRAMS.—

(1) PROGRAMS.—Literacy programs that receive assistance 

under the national service laws shall be based on scientifically 

based reading research and provide instruction based on the essential components of reading instruction as defined in section 

1208 of the ‘‘No Child Left behind Act of 2001’’ (Public Law 

107–110). 

(2) TRAINING REQUIRED FOR READING TUTORS.—The Corporation shall require that recipients of assistance under the national service laws to operate tutoring in reading programs 

shall, in providing training to participants serving in approved 

national service positions as tutors, incorporate the recommendations of the National Reading Panel and research 

from the National Institute of Child Health and Human Development under the auspices of the National Institutes of Health. 

(f) CITIZENSHIP TRAINING.—The Corporation shall establish requirements for recipients of assistance under the national service 

laws relating to the promotion of citizenship and civic engagement,

that are consistent with the principles on which citizenship programs administered by the Immigration and Naturalization Service 

are based, among individuals enrolled in approved national service 

positions. 

(g) OATH.—Any oath given under the national service laws shall 

be consistent with the principles in the Federal oath of office as provided in section 3331 of title 5, United States Code.

SEC. 123. TYPES OF NATIONAL SERVICE POSITIONS ELIGIBLE FOR 

APPROVAL FOR NATIONAL SERVICE EDUCATIONAL 

AWARDS. 

The Corporation may approve of any of the following service positions as an approved national service position that includes the naVerDate May 23 2002 05:55 Jun 30, 2002 Jkt 099006 PO 00000 Frm 00104 Fmt 6659 Sfmt 6601 E:\HR\OC\HR521.XXX pfrm17 PsN: HR521
105

tional service educational award described in subtitle D as one of 

the benefits to be provided for successful service in the position: 

(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, an 

institution of higher educationø, or a Federal agency¿; and 

* * * * * * *

(5) A position for a participant in the National Civilian Community Corps under subtitle E. 

* * * * * * *

SEC. 125. TRAINING AND TECHNICAL ASSISTANCE. 

(a) TRAINING PROGRAMS.—The Corporation may conduct, directly 

or by grant or contract, appropriate training programs regarding 

national service in order to—

(1) improve the ability of ønational service programs assisted 

under section 121¿ programs assisted under the national service laws to meet human, educational, environmental, or public 

safety needs in communities—

(A) * * *

* * * * * * *

(b) TECHNICAL ASSISTANCE.—To the extent appropriate and necessary, the Corporation shall make technical assistance available to 

States, Indian tribes, labor organizations, organizations operated 

by young adults, organizations serving economically disadvantaged 

individuals, and other entities ødescribed in section 121¿ assisted 

under the national service laws that desire—

(1) * * *

(2) to apply for assistance under such section or under a 

grant program conducted using assistance øprovided under 

such section¿ provided under the national service laws.

(c) UNDERSERVED AREAS AND POPULATIONS.—In complying with 

the requirements of this section, the Corporation shall ensure that 

the training and technical assistance needs of programs which focus 

on and provide service opportunities for underserved rural and 

urban areas and populations are addressed.

SEC. 126. OTHER SPECIAL ASSISTANCE. 

(a) SUPPORT FOR STATE COMMISSIONS.—

(1) GRANTS AUTHORIZED.—From amounts appropriated for a 

fiscal year pursuant to the authorization of appropriation in 

section 501(a)(4), the Corporation may make a grant in an 

amount between ø$125,000 and $750,000¿ $200,000 and 

$1,000,000 to a State to assist the State to establish or operate 

the State Commission on National and Community Service required to be established by the State under section 178. 

ø(2) LIMITATION ON AMOUNT OF GRANTS.—Notwithstanding 

the amounts specified in paragraph (1), the amount of a grant 

that may be provided to a State Commission under this subsection, together with other Federal funds available to establish or operate the State Commission, may not exceed—

106

ø(A) 85 percent of the total cost to establish or operate 

the State Commission for the first year for which the State 

Commission receives assistance under this subsection; and 

ø(B) such smaller percentage of such cost as the Corporation may establish for the second, third, and fourth 

years of such assistance in order to ensure that the Federal share does not exceed 50 percent of such costs for the 

fifth year, and any subsequent year, for which the State 

Commission receives assistance under this subsection.¿

(2) MATCHING REQUIREMENT.—In making grants to a State 

under this subsection, the Corporation shall require the State to 

provide matching funds in the following amounts: 

(A) FIRST $100,000.—For the first $100,000 of grant 

amounts provided by the Corporation, a State shall not be 

required to provide matching funds. 

(B) AMOUNTS GREATER THAN $100,000.—For grant 

amounts of more than $100,000 and not exceeding 

$200,000 provided by the Corporation, a State shall provide $1 from non-Federal sources for every $2 provided by 

the Corporation. 

(C) AMOUNTS GREATER THAN $200,000.—For grant 

amounts of more than $200,000 provided by the Corporation, a State shall provide $1 from non-Federal sources for 

every $1 provided by the Corporation.

* * * * * * *

(c) CHALLENGE GRANTS FOR NATIONAL SERVICE PROGRAMS.— (1) ASSISTANCE AUTHORIZED.—The Corporation may make 

challenge grants under this subsection øto national service programs that receive assistance under section 121¿ to programs 

supported under the national service laws that expand service 

and volunteering by increasing and strengthening the capacity 

of community-based organizations, including through the use of 

regional organizations that facilitate the involvement of small 

community groups, or by promoting high-quality teaching programs serving low-income students. 

* * * * * * *

ø(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 section 121(e). The Corporation shall establish a ceiling on the amount of assistance that may be provided 

to a national service program under this subsection.¿

(3) AMOUNT OF ASSISTANCE.—A challenge grant under this 

subsection may provide, for an initial 3-year grant period, not 

more than $1 of assistance under this subsection for each $1 in 

cash raised from private sources by the program supported 

under the national service laws in excess of amounts required 

to be provided by the program to satisfy matching funds requirements. After an initial 3-year grant period, grants under 

this subsection may provide not more than $1 of assistance for 

each $2 in cash raised from private sources by the program in 

excess of amounts required to be provided by the program to 

107

satisfy matching funds requirements. The Corporation may permit the use of local or State funds as matching funds if the Corporation determines that such use would be equitable due to a 

lack of available private funds at the local level. 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 

øSEC. 129. PROVISION OF ASSISTANCE AND APPROVED NATIONAL 

SERVICE POSITIONS BY COMPETITIVE AND OTHER 

MEANS. 

ø(a) ALLOTMENTS OF ASSISTANCE AND APPROVED POSITIONS TO

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

STATES.—Of 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 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. 

ø(2) ONE PERCENT ALLOTMENT FOR CERTAIN TERRITORIES AND

POSSESSIONS.—Of 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 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. 

Palau 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 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. 

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

ø(4) EFFECT OF FAILURE TO APPLY.—If a State or Indian tribe 

fails to apply for, or fails to give notice to the Corporation of 

108

its intent to apply for, an allotment under this subsection, the 

Corporation shall use the amount that would have been allotted under this subsection to the State or Indian tribe—

ø(A) to make grants (and provide approved national 

service positions in connection with such grants) to other 

eligible entities under section 121 that propose to carry out 

national service programs in the State or on behalf of the 

Indian tribe; and 

ø(B) after making grants under subparagraph (A), to 

make a reallotment to other States and Indian tribes with 

approved applications under section 130. 

ø(b) RESERVATION OF APPROVED POSITIONS.—The Corporation 

shall ensure that each individual selected during a fiscal year for 

assignment as a VISTA volunteer under title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.) or as a participant in the Civilian Community Corps Demonstration Program 

under subtitle E shall receive the national service educational 

award described in subtitle D if the individual satisfies the eligibility requirements for the award. Funds for approved national 

service positions required by this paragraph for a fiscal year shall 

be deducted from the total funding for approved national service 

positions to be available for distribution under subsections (a) and 

(d) for that fiscal year. 

ø(c) RESERVATION FOR SPECIAL ASSISTANCE.—From amounts appropriated for a fiscal year pursuant to the authorization of appropriation in section 501(a)(2), and subject to the limitation in such 

section, the Corporation may reserve such amount as the Corporation considers to be appropriate for the purpose of making assistance available under sections 125 and 126. The Corporation may 

not reserve more than $10,000,000 for a fiscal year for disaster 

service under subsection (b) of section 126 or challenge grants 

under subsection (c) of such section. 

ø(d) COMPETITIVE DISTRIBUTION OF REMAINING FUNDS.—

ø(1) STATE COMPETITION.—Of 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 use 

not less than 331⁄3 percent of the allocated funds to make 

grants to States on a competitive basis under section 121(a).

ƒ(2) FEDERAL AGENCIES AND OTHER APPLICANTS.—The Corporation shall distribute on a competitive basis to subdivisions 

of States, Indian tribes, public or private nonprofit organizations (including labor organizations), institutions of higher 

education, and 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 paragraph (1) and 

subsections (a) and (c). 

ƒ(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). 

ƒ(4) 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). 

109

ƒ(5) RESERVATION OF FUNDS FOR SUPPLEMENTAL AND OUT- REACH GRANTS.— ƒ(A) RESERVATION.—From amounts appropriated for a 

fiscal year pursuant to the authorization of appropriation 

in section 501(a)(2), and subject to the limitation in such 

section, the Chief Executive Officer shall reserve an amount 

that is not less than 1 percent of such amounts (except that 

the amount reserved may not exceed $5,000,000), in order 

to make supplemental grants as provided in subparagraph 

(B) and outreach grants as provided in subparagraph (C). 

The amount reserved pursuant to this paragraph shall be 

available until expended. 

ƒ(B) GRANTS TO ASSIST ENTITIES IN PLACING APPLICANTS

WHO ARE INDIVIDUALS WITH A DISABILITY.— ƒ(i) IN GENERAL.—The Chief Executive Officer shall 

make grants from a portion of the funds reserved 

under subparagraph (A) to entities that— ƒ(I) receive a grant to carry out a national service program under paragraph (1) or (2); 

ƒ(II) demonstrate that the entity has received a 

substantial number of applications for placement 

in the national service program of persons who 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(1))), in order to perform national 

service; and 

ƒ(III) demonstrate that additional funding 

would assist the national service program in placing a substantial number of such individuals with 

a disability as participants in projects carried out 

through the program. 

ƒ(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, as funds made available through a grant made under paragraph (1) or (2). 

ƒ(C) GRANTS FOR OUTREACH TO INDIVIDUALS WITH A DISABILITY.—

ƒ(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 to pay for the Federal share described in section 121(e) of—

ƒ(I) providing information about the programs 

specified in section 193A(d)(10) to such individuals 

with a disability who desire to perform national 

service; and 

ƒ(II) enabling the individuals to participate in 

activities carried out through such programs, 

which may include assisting the placement of the 

individuals in approved national service positions. 

110

ƒ(ii) APPLICATION.—To be eligible to receive a grant 

under this subparagraph, an organization described in 

clause (i) shall submit an application to the Chief Executive Officer at such time, in such manner, and containing such information as the Chief Executive Officer 

may require. 

ƒ(e) APPLICATION REQUIRED.—The allotment of assistance and 

approved national service positions to a State or Indian tribe under 

subsection (a), and the competitive distribution of assistance under 

subsection (d), shall be made by the Corporation only pursuant to 

an application submitted by a State or other applicant under section 130 and approved by the Corporation under section 133. 

ƒ(f) APPROVAL OF POSITIONS SUBJECT TO AVAILABLE FUNDS.— The Corporation may not approve positions as approved national 

service positions under this subtitle for a fiscal year in excess of the 

number of such positions for which the Corporation has sufficient 

available funds in the National Service Trust for that fiscal year, 

taking into consideration funding needs for national service educational awards under subtitle D based on completed service. If appropriations are insufficient to provide the maximum allowable national service educational awards under subtitle D for all eligible 

participants, the Corporation is authorized to make necessary and 

reasonable adjustments to program rules. 

ƒ(g) SPONSORSHIP OF APPROVED NATIONAL SERVICE POSITIONS.—

ƒ(1) SPONSORSHIP AUTHORIZED.—The Corporation may enter 

into agreements with persons or entities who offer to sponsor 

national service positions for which the person or entity will be 

responsible for supplying the funds necessary to provide a national service educational award. The distribution of these approved national service positions shall be made pursuant to the 

agreement, and the creation of these positions shall not be taken 

into consideration in determining the number of approved national service positions to be available for distribution under 

this section.

ø(2) DEPOSIT OF CONTRIBUTION.—Funds provided pursuant 

to an agreement under paragraph (1) and any other funds contributed to the Corporation to support the activities of the Corporation under the national service laws shall be deposited in 

the National Service Trust established in section 145 until 

such time as the funds are needed.¿

SEC. 129. PROVISION OF ASSISTANCE AND APPROVED NATIONAL 

SERVICE POSITIONS. 

(a) 1-PERCENT ALLOTMENT FOR CERTAIN TERRITORIES.—Of the 

funds allocated by the Corporation for provision of assistance under 

section 121(a) for a fiscal year, the Corporation shall reserve 1 percent for grants to the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands upon approval by the Corporation of an application submitted 

under section 130. The amount allotted as a grant to each such territory under this subsection for a fiscal year shall 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 bears to the 

total population of such territories. 

(b) 1-PERCENT ALLOTMENT FOR INDIAN TRIBES.—Of the funds allocated by the Corporation for provision of assistance under section 

111

121(a) for a fiscal year, the Corporation shall reserve at least 1 percent for grants to Indian tribes, to be allotted by the Corporation on 

a competitive basis in accordance with their respective needs. 

(c) UP TO 20 PERCENT ALLOTMENT FOR NATIONAL GRANTS.—Of 

the funds allocated by the Corporation for provision of assistance 

under section 121(a) for a fiscal year, the Corporation shall reserve 

up to 20 percent for grants to nonprofit organizations to operate a 

program in 2 or more States. 

(d) AT LEAST 35 PERCENT ALLOTMENT FOR STATE COMPETITIVE

GRANTS.—Of the funds allocated by the Corporation for provision of 

assistance under subsection (a) of section 121 for a fiscal year, the 

Corporation shall reserve at least 35 percent for innovative grants 

to States on a competitive basis. 

(e) 45 PERCENT TO CERTAIN STATES ON FORMULA BASIS.— (1) GRANTS.—Of the funds allocated by the Corporation for 

provision of assistance under subsection (a) of section 121 for 

a fiscal year, the Corporation shall make a grant to each of the 

several States, the District of Columbia, and the Commonwealth of Puerto Rico that submits an application under section 

130 that is approved by the Corporation. 

(2) ALLOTMENTS.—The amount allotted as a grant to each 

such State under this subsection for a fiscal year shall be equal 

to the amount that bears the same ratio to 45 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, in compliance with paragraph (3). 

(3) MINIMUM AMOUNT.—Notwithstanding paragraph (2), the 

minimum grant made available to each State approved by the 

Corporation under paragraph (1) for each fiscal year must be 

at least $500,000. 

(f) ADJUSTMENTS.—

(1) RESERVATION OF FUNDS.—Notwithstanding subsections (c) 

through (e), except as provided in paragraph (3), the Corporation shall ensure that it reserves funds for competitive grants to 

States in an aggregate amount equal to the aggregate amount 

of competitive grant funds provided to all States with fiscal 

year 2002 funds. 

(2) REDUCTION FROM FORMULA GRANTS.—In order to meet the 

requirements of paragraph (1) during a fiscal year in which the 

percentage allotment for State competitive grants under subsection (d) is less than the aggregate amount of competitive 

grants funds provided to all States with fiscal year 2002 funds, 

the Corporation shall reduce the amount available for State formula grants under subsection (e). 

(3) PROPORTIONATE REDUCTIONS.—In any fiscal year in 

which the aggregate amount allocated under subsections (a) 

through (e) is less than the aggregate amount allocated for such 

purposes with fiscal year 2002 funds, the Corporation shall reduce the amounts allocated under each subsection in a manner 

that corresponds to the respective proportions of allocations of 

fiscal year 2002 funds. 

(g) EFFECT OF FAILURE TO APPLY.—If a State or territory fails to 

apply for, or fails to give notice to the Corporation of its intent to 

apply for an allotment under this section, the Corporation may use 

112

the amount that would have been allotted under this section to the 

State or territory to—

(1) make grants (and provide approved national service positions in connection with such grants) to other eligible entities 

under section 121 that propose to carry out national service programs in the State or territory; and 

(2) make a reallotment to other States and territories with approved applications submitted under section 130. 

(h) APPLICATION REQUIRED.—The allotment of assistance and approved national service positions to a recipient under this section 

shall be made by the Corporation only pursuant to an application 

submitted by a State or other applicant under section 130. 

(i) APPROVAL OF POSITIONS SUBJECT TO AVAILABLE FUNDS.—The 

Corporation may not approve positions as approved national service 

positions under this subtitle for a fiscal year in excess of the number 

of such positions for which the Corporation has sufficient available 

funds in the National Service Trust for that fiscal year, taking into 

consideration funding needs for national service educational awards 

under subtitle D based on completed service. If appropriations are 

insufficient to provide the maximum allowable national service educational awards under subtitle D for all eligible participants, the 

Corporation is authorized to make necessary and reasonable adjustments to program rules. 

(j) SPONSORSHIP OF APPROVED NATIONAL SERVICE POSITIONS.—

(1) SPONSORSHIP AUTHORIZED.—The Corporation may enter 

into agreements with persons or entities who offer to sponsor 

national service positions for which the person or entity will be 

responsible for supplying the funds necessary to provide a national service educational award. The distribution of these approved national service positions shall be made pursuant to the 

agreement, and the creation of these positions shall not be taken

into consideration in determining the number of approved national service positions to be available for distribution under 

this section. 

(2) DEPOSIT OF CONTRIBUTION.—Funds provided pursuant to 

an agreement under paragraph (1) shall be deposited in the National Service Trust established in section 145 until such time 

as the funds are needed. 

(k) RESERVATION OF FUNDS FOR SPECIAL ASSISTANCE.—From 

amounts appropriated for a fiscal year pursuant to the authorization of appropriations in section 501(a)(2) and subject to the limitation in such section, the Corporation may reserve such amount as 

the Corporation considers to be appropriate for the purpose of making assistance available under sections 125 and 126. 

(l) RESERVATION OF FUNDS TO INCREASE THE PARTICIPATION OF

INDIVIDUALS WITH DISABILITIES.—From amounts appropriated for 

a fiscal year pursuant to the authorization of appropriations in section 501(a)(2) and subject to the limitation in such section, the Chief 

Executive Officer shall reserve an amount that is not less than 1 

percent of such amount (except that the amount reserved may not 

exceed $10,000,000), in order to make grants to public or private 

nonprofit organizations to increase the participation of individuals 

with disabilities in national service and for demonstration activities 

in furtherance of this purpose. 

113

SEC. 129A. PILOT AUTHORITY FOR MEMBER-BASED NATIONAL SERVICE POSITIONS. 

(a) AUTHORITY.—The Corporation may, on a pilot basis, reserve 

up to 5 percent of the funds allocated by the Corporation for provision of assistance under subsection (a) of section 121 for a fiscal 

year to test new approaches to increasing and diversifying opportunities to serve in approved national service positions in communities 

throughout the United States, including allowing individuals to 

serve in such positions other than through program operational 

grants under this subtitle. 

(b) COMPETITIVE SELECTION OF ELIGIBLE ENTITIES.—The Corporation may, each fiscal year, after making selections on a competitive basis, provide funds authorized under subsection (a) to not 

more than 15 State commissions on national and community service 

and other entities eligible for assistance under subsection (a) of section 121. 

(c) REQUIREMENTS.—To receive a grant under this section, an eligible entity must demonstrate that it—

(1) satisfies qualification criteria established by the Corporation, including standards relating to organizational capacity, financial management, and programmatic oversight, that are designed to ensure that Federal funds are managed in accordance 

with all applicable requirements, and that service activities 

subject to its oversight comply with all applicable restrictions; 

(2) is meeting accountability requirements under section 186; 

(3) has mechanisms to ensure compliance with sections 132, 

174, and 175; 

(4) will approve sites for placement of participants in a manner that achieves the purposes of this section; 

(5) will oversee no more than 5 participants at each site; and 

(6) will comply with matching funds requirements set by the 

Corporation, unless the Corporation determines that the reasonable and necessary costs of carrying out the approved activity 

significantly exceed the amount of assistance provided by the 

Corporation. 

(d) DURATION.—An agreement to support activities under this section shall be for a period not to exceed 3 years. 

(e) ACCOUNTABILITY.—

(1) The Corporation shall consult with its Inspector General, 

State commissions on national and community service, and national and State accrediting agencies in developing methods of 

ensuring and improving accountability in the pilot initiatives 

under this section, including the areas of financial management 

and participant management. 

(2) If an eligible entity fails to comply with accountability 

measures applicable to this section, it shall be ineligible to receive a grant under this section for at least 5 years. 

(f) REPORTS TO CONGRESS.—The Corporation shall report to Congress, on an annual basis, on activities undertaken, and outcomes 

achieved, under this pilot authority. 

SEC. 129B. EDUCATION AWARDS PROGRAM. 

(a) IN GENERAL.—From amounts appropriated for a fiscal year to 

provide financial assistance under this subtitle and consistent with 

the restriction in subsection (b), the Corporation may provide operVerDate May 23 2002 05:55 Jun 30, 2002 Jkt 099006 PO 00000 Frm 00113 Fmt 6659 Sfmt 6603 E:\HR\OC\HR521.XXX pfrm17 PsN: HR521
114

ational assistance to programs that receive approved national service positions but do not receive funds under section 121(a). 

(b) LIMIT ON CORPORATION GRANT FUNDS.—Operational support 

under this section may not exceed $600 per individual enrolled in 

an approved national service position. 

(c) INAPPLICABLE PROVISIONS.—The following provisions shall not 

apply to programs funded under this section: 

(1) The limitation on administrative costs under section 

121(d). 

(2) The matching funds requirements under sections 121(e) 

and 140. 

(3) The living allowance and other benefits under sections 

131(e) and section 140 (other than individualized support services for disabled members under section 140(f)). 

SEC. 129C. FIXED AMOUNT GRANTS. 

(a) GENERAL.—Subject to the limitations in this section, the Corporation may, upon making a determination described in subsection 

(b), approve a fixed amount grant that is not subject to the Office 

of Management and Budget cost principles and related financial 

recordkeeping requirements. 

(b) DETERMINATION.—Before approving a fixed amount grant, the 

Corporation must determine that—

(1) the reasonable and necessary costs of carrying out the 

terms of the grant significantly exceed the amount of assistance 

provided by the Corporation; or

(2) based on the nature or design of the grant, any assistance 

provided by the Corporation can be reasonably presumed to be 

expended on reasonable and necessary costs. 

(c) FIXED AMOUNT GRANT ELECTION BY FORMULA RECIPIENTS.—

A recipient of a grant under subsection (a) or (e) of section 129 may, 

after making the determination described in subsection (b), elect to 

make subgrants as fixed amount grants. 

(d) FIXED AMOUNT GRANT DESIGNATION FOR COMPETITIVE RECIPIENTS.—The Chief Executive Officer may, after making the determination described in subsection (b), make competitive grants under 

section 129 as fixed amount grants.

SEC. 130. 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 øto be carried out using the assistance, a State, subdivision of a State, Indian tribe, public or private nonprofit organization, institution of higher education, or Federal agency¿, 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. 

* * * * * * *

(c) REQUIRED APPLICATION INFORMATION.—An application submitted under subsection (a) shall contain the following information: 

(1) A description of the øjobs or¿ positions into which participants will be placed using the assistance provided under secVerDate May 23 2002 05:55 Jun 30, 2002 Jkt 099006 PO 00000 Frm 00114 Fmt 6659 Sfmt 6601 E:\HR\OC\HR521.XXX pfrm17 PsN: HR521
115

tion 121, including descriptions of specific tasks to be performed by such participants. 

* * * * * * *

(e) SPECIAL RULE FOR STATE APPLICANTS.— (1) * * *

ø(2) COMPETITIVE SELECTION.—The application of a State 

shall contain an assurance that all assistance provided under 

section 121(a) to the State will be used to support national 

service programs that were selected by the State on a competitive basis. In making such competitive selections, the State 

shall seek to ensure the equitable allocation within the State 

of assistance and approved national service positions provided 

under this subtitle to the State taking into consideration such 

factors as the location of the programs applying to the State, 

population density, and economic distress.¿

ø(3)¿ (2) ASSISTANCE TO NONSTATE ENTITIES.—The application of a State shall also contain an assurance that not less 

than 60 percent of the assistance will be used to make grants 

in support of national service programs other than national 

service programs carried out by a State agency. The Corporation may permit a State to deviate from the percentage specified by this subsection if the State has not received a sufficient 

number of acceptable applications to comply with the percentage. 

(f) SPECIAL RULE FOR CERTAIN APPLICANTS.— (1) WRITTEN CONCURRENCE.—In the case of øa program applicant¿ an applicant that proposes to also serve as the service 

sponsor, the application shall include the written concurrence 

of any local labor organization representing employees of the 

service sponsor who are engaged in the same or substantially 

similar work as that proposed to be carried out. 

(2) øPROGRAM APPLICANT¿ APPLICANT DEFINED.—For purposes of this subsection, the term ‘‘øprogram applicant¿ applicant’’ means— (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. 

(g) LIMITATION ON SAME PROJECT IN MULTIPLE APPLICATIONS.— The Corporation shall reject an application submitted under this 

section if a project proposed to be conducted using assistance requested by the applicant is already described in another application pending before the Corporationø.¿ or is already receiving financial assistance from the Corporation.

* * * * * * *

SEC. 133. CONSIDERATION OF APPLICATIONS. 

(a) * * *

(b) APPLICATION TO SUBGRANTS.—

116

(1) * * *

(2) CONTENTS.—The application of the State or other entity 

under section 130 shall contain— (A) * * *

(B) a description of the øjobs or¿ positions into which 

participants will be placed using such assistance, including 

descriptions of specific tasks to be performed by such participants; and 

* * * * * * *

(c) ASSISTANCE CRITERIA.—The criteria required to be applied in 

evaluating applications submitted under section 130 are as follows: 

(1) * * *

* * * * * * *

(8) If applicable, as determined by the Corporation, the extent 

to which the program generates the involvement of volunteers.

ø(8)¿ (9) Such other criteria as the Corporation considers to 

be appropriate. 

(d) OTHER CONSIDERATIONS.— (1) * * *

(2) PRIORITIES.—The Corporation may designate, under such 

criteria as may be established by the Corporation, certain national service programs or types of national service programs 

described in section 122(a) for priority consideration in the 

competitive distribution of funds under section 129(d)(2). In 

designating national service programs to receive priority, the 

Corporation may include— 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; and

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

ø(G) programs that—

ø(i) received funding under subtitle D of this Act, as 

in effect on the day before the date of enactment of 

this subtitle; 

ø(ii) the Corporation determines to meet the requirements of sections 142 (other than subsection (g)), 143, 

and 148 through 150 of this Act, as in effect on such 

day, in addition to the requirements of this subtitle; 

and 

ø(iii) include an evaluation component.¿

* * * * * * *

117

ø(4) REVIEW PANEL.—The Corporation shall—

ø(A) establish panels of experts for the purpose of securing recommendations on applications submitted under section 130 for more than $250,000 in assistance, or for national service positions that would require more than 

$250,000 in national service educational awards; and 

ø(B) consider the opinions of such panels prior to making 

such determinations.¿

* * * * * * *

PART III—NATIONAL SERVICE PARTICIPANTS 

* * * * * * *

SEC. 137. DESCRIPTION OF PARTICIPANTS. 

(a) IN GENERAL.—For purposes of this subtitle, an individual 

shall be considered to be a participant in a national service program carried out using assistance provided under section 121 if the 

individual—

(1) * * *

* * * * * * *

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

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

ø(4)¿ (3) is 17 years of age or older at the time the individual 

begins the term of service; 

ø(5)¿ (4) has received a high school diploma or its equivalent, 

agrees to obtain a high school diploma or its equivalent (unless 

this requirement is waived based on an individual education 

assessment conducted by the program) and the individual did 

not drop out of an elementary or secondary school to enroll in 

the program, or is enrolled in an institution of higher education on an ability to benefit basis and is considered eligible 

for funds under section 484 of the Higher Education Act of 

1965 (20 U.S.C. 1091); and 

ø(6)¿ (5) is a citizen or national of the United States or lawful permanent resident alien of the United States. 

(b) SPECIAL RULES FOR CERTAIN YOUTH PROGRAMS.—An individual shall be considered to be a participant in a youth corps program described in section 122(a)(2) or a program described in section 122(a)(9) that is carried out with assistance provided under 

section 121(a) if the individual— (1) satisfies the requirements specified in subsection (a), except paragraph ø(4)¿ (3) of such subsection; and 

(2) is øbetween the ages of 16 and 25¿ a 16-year-old out of 

school youth or an individual between the ages of 17 and 25, 

inclusive, at the time the individual begins the term of service. 

ø(c) WAIVER.—The Corporation may waive the requirements of 

subsection (a)(5) with respect to an individual if the program in 

which the individual seeks to become a participant conducts an 

independent evaluation demonstrating that the individual is incapable of obtaining a high school diploma or its equivalent.¿

(c) SELF-CERTIFICATION AND WAIVER.—The Corporation may—

118

(1) consider an individual as having satisfied the requirement 

of subsection (a)(4) if the individual informs the Corporation 

that such requirement has been satisfied; or 

(2) waive the requirements of subsection (a)(4) with respect to 

an individual if the program in which the individual seeks to 

become a participant conducts an independent evaluation demonstrating that the individual is incapable of obtaining a high 

school diploma or its equivalent.

SEC. 138. 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. TERMS OF SERVICE. 

(a) * * *

(b) TERM OF SERVICE.—

(1) FULL-TIME SERVICE.—An individual performing full-time 

national service in an approved national service position shall 

agree to participate in the program sponsoring the position for 

not less than 1,700 hours during a period of ønot less than 9 

months and¿ not more than 1 year. 

(2) PART-TIME SERVICE.—Except as provided in paragraph 

(3), an individual performing part-time national service in an 

approved national service position shall agree to participate in 

the program sponsoring the position for not less than 900 

hours øduring a period of—

ø(A) not more than 2 years; or 

ø(B) not more than 3 years if the individual is enrolled 

in an institute of higher education while preforming all or 

a portion of the service.¿ during a period of not more than 

2 years.

(c) RELEASE FROM COMPLETING TERM OF SERVICE.—

(1) RELEASE AUTHORIZED.—A recipient of assistance under 

section 121 or a program sponsoring an approved national 

service position may release a participant from completing a 

term of service in the position—

(A) for compelling personal circumstances øas demonstrated by the participant¿ as determined by the organization responsible for granting a release, if the participant 

has otherwise performed satisfactorily and has completed 

at least 15 percent of the original term of service; or 

* * * * * * *

(2) EFFECT OF RELEASE FOR COMPELLING CIRCUMSTANCES.— If a participant eligible for release under paragraph (1)(A) is 

serving in an approved national service position, the recipient 

of assistance under section 121 or a program sponsoring an approved national service position may elect—

119

(A) to grant such release and øprovide to the participant 

that portion of the national service educational award¿ certify the participant’s eligibility for that portion of the national service educational award corresponding to the portion of the term of service actually completed, as provided 

in section 147(c); or 

(B) to permit the participant to temporarily suspend performance of the term of service for a period of up to 2 

years (and such additional period as the Corporation may 

allow for extenuating circumstances) and, upon completion 

of such period, øto allow return to the program with which 

the individual was serving in order¿ to complete the remainder of the term of service and obtain the entire national service educational award. 

* * * * * * *

SEC. 140. LIVING ALLOWANCES FOR NATIONAL SERVICE PARTICIPANTS. 

(a) PROVISION OF LIVING ALLOWANCE.—

(1) LIVING ALLOWANCE REQUIRED.—Subject to øparagraph 

(3)¿ paragraphs (3) and (4), 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 a living allowance 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) ADJUSTMENT FOR FEDERAL WORK-STUDY STUDENTS.—The 

living allowance that may be provided to an individual whose 

term of service includes hours for which the individual receives 

Federal work study wages shall be reduced by the amount of 

the individual’s Federal work study award.

ø(4)¿ (5) 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 

service that is less than 12 months. 

ø(5)¿ (6) WAIVER OR REDUCTION OF LIVING ALLOWANCE.—The 

Corporation may waive or reduce the requirement of paragraph (1) with respect to such national service program if such 

program demonstrates that—

(A) * * *

* * * * * * *

ø(6)¿ (7) EXEMPTION.—The requirement of paragraph (1) 

shall not apply to any program that was in existence on the 

date of the enactment of the National and Community Service 

Trust Act of 1993.

(8) OTHER FEDERAL FUNDS.—

(A) RECIPIENT REPORT.—A recipient of assistance under 

section 121 that is subject to the limitation on the Federal 

share of the annual living allowance in paragraph (2) shall 

report to the Corporation the amount and source of any 

Federal funds other than those provided by the Corporation 

120

used to pay the annual living allowance under paragraph 

(1). 

(B) CORPORATION REPORT.—The Corporation shall report 

to the Congress on an annual basis information regarding 

each recipient that uses Federal funds other than those provided by the Corporation to pay the annual living allowance under paragraphs (1) and (2), including amounts and 

sources of other Federal funds.

* * * * * * *

ø(h) LIMITATION ON NUMBER OF TERMS OF SERVICE FOR FEDER- ALLY SUBSIDIZED LIVING ALLOWANCE.—No national service program may use assistance provided under section 121, or any other 

Federal funds, to provide a living allowance under subsection (a), 

a health care policy under subsection (d), or child care or a child 

care allowance under subsection (e), to an individual for a third, or 

subsequent, term of service described in section 139(b) by the individual in a national service program carried out under this subtitle.¿

* * * * * * *

Subtitle D—National Service Trust and 

Provision of National Service Educational Awards 

* * * * * * *

SEC. 145. 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) from the amounts appropriated to the Corporation and 

made available to carry out this subtitle pursuant to section 

501(a)(2), such amounts as the Corporation may designate to 

be available for the payment of—

(A) national service educational awards; øand¿

* * * * * * *

(C) service-based scholarships for high school students; 

and 

(D) senior service scholarships under subtitle J.

(2) any amounts received by the Corporation as gifts, bequests, devises, or otherwise øpursuant to section 196(a)(2)¿

pursuant to section 196(a)(2), if the terms of such donations direct that they be deposited in the National Service Trust; and 

* * * * * * *

(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 in accordance with section 148; 

(2) payments of interest in accordance with section 148(e); 

121

(3) the Federal share of service-based scholarships to high 

school students in accordance with section 149; and 

(4) senior service scholarships in accordance with subtitle J.

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

Not later than March 1 of each year, the Corporation shall submit 

a report to the Congress on the financial status of the Trust during 

the preceding fiscal year. Such report shall—

(1) * * *

* * * * * * *

(3) identify the number of individuals whose expectation to 

receive national service educational awards during the period 

covered by the report—

(A) * * *

(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

(5) identify the number of students who have received servicebased scholarships and specify the amount of Federal and 

matching funds expended on an annual basis on service-based 

scholarships to high school students; and 

(6) identify the number of individuals who are currently performing service, or have performed service, under the senior 

service scholarship program pursuant to subtitle J.

SEC. 146. INDIVIDUALS ELIGIBLE TO RECEIVE A NATIONAL SERVICE 

EDUCATIONAL AWARD FROM THE TRUST. 

(a) ELIGIBLE INDIVIDUALS.—An individual shall receive a national 

service educational award from the National Service Trust øif the 

individual¿ if the organization responsible for an individual’s supervision certifies that the individual—

ø(1) successfully completes the required term of service described in subsection (b) in an approved national service position; 

ø(2) was 17 years of age or older at the time the individual 

began serving in the approved national service position or was 

an out-of-school youth serving in an approved national service 

position with a youth corps program described in section 

122(a)(2) or a program described in section 122(a)(9); 

ø(3) at the time the individual uses the national service educational award—

ø(A) has received a high school diploma, or the equivalent of such diploma; 

ø(B) is enrolled at an institution of higher education on 

the basis of meeting the standard described in paragraph 

(1) or (2) of subsection (a) of section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091) and meets the requirements of subsection (a) of such section; or 

ø(C) has received a waiver described in section 137(c); 

and¿

122

(1) met the applicable eligibility requirements for the position; 

and 

(2)(A) successfully completed the required term of service described in subsection (b) in an approved national service position; or 

(B)(i) satisfactorily performed prior to being granted a release 

for compelling personal circumstances under section 139(c); and 

(ii) served at least 15 percent of the required term of service 

described in subsection (b); and

ø(4)¿ (3) is a citizen or national of the United States or lawful permanent resident alien of the United States. 

* * * * * * *

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 no more than an amount equal to the aggregate 

value of 2 national service educational awards for full-time service.

* * * * * * *

SEC. 147. 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—

ø(1) one-half of an amount equal to the aggregate basic educational assistance allowance provided in section 3015(b)(1) of 

title 38, United States Code (as in effect on July 28, 1993), for 

the period referred to in section 3013(a)(1) of such title (as in 

effect on July 28, 1993), for a member of the Armed Forces who 

is entitled to such an allowance under section 3011 of such 

title and whose initial obligated period of active duty is 2 

years; less 

ø(2) one-half of the aggregate basic contribution required to 

be made by the member in section 3011(b) of such title (as in 

effect on July 28, 1993).¿ of $5,250.

* * * * * * *

SEC. 148. DISBURSEMENT OF NATIONAL SERVICE EDUCATIONAL 

AWARDS. 

(a) IN GENERAL.—Amounts in the Trust shall be available— (1) * * *

(2) to pay all or part of the cost of attendance or other educational expenses at an institution of higher education in accordance with subsection (c); 

(3) to pay expenses incurred in participating in an approved 

school-to-work program in accordance with subsection (d); 

øand¿

123

(4) to pay expenses incurred in enrolling in an educational institution or training establishment that meets the requirements 

of chapter 36 of title 38, United States Code (38 U.S.C. 3451 

et seq.); and

ø(4)¿ (5) to pay interest expenses in accordance with regulations prescribed pursuant to subsection (e). 

(b) USE OF EDUCATIONAL AWARD TO REPAY OUTSTANDING STU- DENT LOANS.— (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.)ø, other than a loan to a parent of a student 

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

and 

(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 educational 

expenses and made, insured, or guaranteed by— (i) an eligible lender, as defined in section 435 of the 

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

(ii) the direct student loan program under part D of 

title IV of such Act; 

(iii) a State agency; or 

(iv) 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 REPAYMENT.—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 subsection ø(b)(6)¿ (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 øDirector¿ 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. USE BY PARTICIPANTS WITH DISABILITIES. 

Notwithstanding any other provision of this subtitle, the National 

Service Trust may disburse some or all of a national service educational award directly to an individual who provides a certification that—

124

(1) the individual is—

(A) entitled to disability insurance benefits under section 

223 of the Social Security Act (42 U.S.C. 423); 

(B) entitled to monthly insurance benefits under section 

202 of the Social Security Act (42 U.S.C. 202) based on 

such individual’s disability (as defined in section 223(d) of 

such Act); or 

(C) eligible for supplemental security income benefits 

under subchapter XVI of the Social Security Act (42 U.S.C. 

1381 et seq.) on the basis of blindness (within the meaning 

of section 1614(a)(2) of such Act) or disability (within the 

meaning of section 1614(a)(3) of such Act); and 

(2) the individual will use the disbursed funds to pay for education, training, or work-related activities designed to make the 

individual self-supporting. 

SEC. 149A. SERVICE-BASED SCHOLARSHIPS TO HIGH SCHOOL STUDENTS. 

(a) PROGRAM AUTHORIZED.—The Corporation may use amounts in 

the National Service Trust to support a service-based scholarship 

program to recognize high school juniors and seniors who are engaged in outstanding community service and scholarship. 

(b) APPROVED USE OF SCHOLARSHIPS.—The Corporation may use 

amounts in the Trust to supplement locally funded scholarships to 

help cover an individual’s postsecondary education or job training 

costs. 

(c) CORPORATION SHARE.—The Corporation’s share of an individual’s scholarship under the program may not exceed $500. 

(d) LOCAL SHARE.—The local share of an individual’s scholarship 

under the program must be equal to or greater than the Corporation’s share.

Subtitle E—Civilian Community Corps 

øSEC. 151. PURPOSE. 

øIt is the purpose of this subtitle to authorize the establishment 

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

ø(1) whether residential service programs administered by 

the Federal Government can significantly increase the support 

for national service and community service by the people of the 

United States; 

ø(2) whether such programs can expand the opportunities for 

willing young men and women to perform meaningful, direct, 

and consequential acts of community service in a manner that 

will enhance their own skills while contributing to their understanding of civic responsibility in the United States; 

ø(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 

125

of the Armed Forces can provide guidance and training under 

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

ø(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 Americans.¿

SEC. 151. PURPOSE. 

It is the purpose of this subtitle to authorize the operation of, and 

support for, residential and other service programs that combine the 

best practices of civilian service with the best aspects of military 

service, including leadership and team building, to meet national 

and community needs. Such needs to be met under such programs 

include those related to natural and other disasters, which shall be 

addressed in coordination with the Federal Emergency Management 

Agency and other public and private organizations.

SEC. 152. ESTABLISHMENT OF øCIVILIAN COMMUNITY CORPS DEMONSTRATION¿ NATIONAL CIVILIAN COMMUNITY CORPS

PROGRAM. 

(a) IN GENERAL.—The Corporation may establish the øCivilian 

Community Corps Demonstration¿ National Civilian Community 

Corps Program to carry out the purpose of this subtitle. 

(b) PROGRAM COMPONENTS.—Under the øCivilian Community 

Corps Demonstration¿ National Civilian Community Corps Program authorized by subsection (a), the members of a øCivilian 

Community Corps¿ National Civilian Community Corps shall receive training and perform service in at least one of the following 

two program components: 

(1) A national service program. 

(2) A summer national service program. 

(c) RESIDENTIAL øPROGRAMS¿ COMPONENTS.—Both øprogram 

components are residential programs. The members of the Corps in 

each program shall reside with other members of the Corps in 

Corps housing during the periods of the members’ agreed service.¿

programs referred to in subsection (b) may include a residential 

component.

SEC. 153. NATIONAL SERVICE PROGRAM. 

(a) IN GENERAL.—Under the national service program component 

of the øCivilian Community Corps Demonstration¿ National Civilian Community Corps Program authorized by section 152(a), eligible young people shall work in teams on øCivilian Community 

Corps¿ National Civilian Community Corps projects. 

(b) ELIGIBLE PARTICIPANTS.—A person shall be eligible for selection for the national service program øif the person—

ø(1) is at least 16 and not more than 24 years of age; and 

ø(2) is a high school graduate or has not received a high 

school diploma or its equivalent.¿ if the person will be at least 

18 years of age by December 31 in the calendar year in which 

the individual enrolls in the program.

(c) DIVERSE øBACKROUNDS¿ BACKGROUNDS OF PARTICIPANTS.—In 

selecting persons for the national service program, the Director 

126

shall endeavor to ensure that participants are from economically, 

geographically, and ethnically diverse backgrounds. 

* * * * * * *

ø(e) PERIOD OF PARTICIPATION.—Persons desiring to participate 

in the national service program shall enter into an agreement with 

the Director to participate in the Corps for a period of not less than 

nine months and not more than one year, as specified by the Director, and may renew the agreement for not more than one additional such period.¿

SEC. 154. SUMMER NATIONAL SERVICE PROGRAM. 

(a) IN GENERAL.—Under the summer national service program of 

the øCivilian Community Corps Demonstration¿ National Civilian 

Community Corps Program authorized by section 152(a), a diverse 

group of youth aged 14 through 18 years who are from urban or 

rural areas shall work in teams on øCivilian Community Corps¿

National Civilian Community Corps projects. 

* * * * * * *

(d) ALTERNATIVE BENEFIT.—The Director may provide a scholar- ship for post-secondary education not to exceed $1,000 and consistent with section 148(c) to participants under this section who do 

not meet the minimum age requirements for a national service educational award under section 146.

SEC. 155. øCIVILIAN COMMUNITY CORPS¿ NATIONAL CIVILIAN COMMUNITY CORPS. 

(a) DIRECTOR.—Upon the establishment of the øCivilian Community Corps Demonstration¿ National Civilian Community Corps

Program, the øCivilian Community Corps¿ National 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.—Persons selected to participate in the national service program or the summer national service program components of the Program shall become members of the øCivilian Community Corps¿ National 

Civilian Community Corps. 

* * * * * * *

(3) APPLICATION FOR MEMBERSHIP.—To be selected to become 

a Corps member an individual shall submit an application to 

the Director or to any other office as the Director may designate, at such time, in such manner, and containing such information as the Director shall require. At a minimum, the application shall contain information about the work experience 

of the applicant and sufficient information to enable the Director, or the øsuperintendent¿ director of the appropriate øcamp¿

campus, to determine whether selection of the applicant for 

membership in the Corps is appropriate.

(4) TEAM LEADERS.—The Director may select from Corps 

members individuals with prior supervisory or service experience to be team leaders within units in the National Civilian 

Community Corps to perform service that includes leading and 

supervising teams of Corps members. Team leaders shall—

(A) be selected without regard to the age limitation under 

section 153(b); 

127

(B) be members of the National Civilian Community 

Corps; and 

(C) be provided the rights and benefits applicable to 

Corps members, except that the limitation on the amount of

living allowance shall not exceed 10 percent more than the 

amount established under section 158(b).

* * * * * * *

(d) CAMPS.—

(1) UNITS TO BE ASSIGNED TO øCAMPS¿ CAMPUSES.—The units 

of the Corps shall be grouped together as appropriate in 

øcamps¿ campuses for operational, support, and boarding purposes. The Corps øcamp¿ campus for a unit shall be in a facility or central location established as the operational headquarters and boarding place for the unit. Corps members may 

be housed in the øcamps¿ campuses. 

(2) CAMP øSUPERINTENDENT¿ DIRECTOR.—There shall be a 

øsuperintendent¿ director for each øcamp¿ campus. The øsuperintendent¿ director is the head of the øcamp¿ campus. 

(3) ELIGIBLE SITE FOR øCAMP¿ CAMPUS.—A øcamp¿ campus

may be located in a facility referred to in section 162(a)(3). 

(e) DISTRIBUTION OF UNITS AND CAMPS.—The Director shall ensure that the Corps units and øcamps¿ campuses are distributed 

in urban areas and rural areas in various regions throughout the 

United States. 

(f) STANDARDS OF CONDUCT.—

(1) IN GENERAL.—The øsuperintendent¿ director of each 

øcamp¿ campus shall establish and enforce standards of conduct to promote proper moral and disciplinary conditions in the 

øcamp¿ campus. 

(2) SANCTIONS.—Under procedures prescribed by the Director, the øsuperintendent¿ director of a øcamp¿ campus may—

(A) transfer a member of the Corps in that øcamp¿ campus to another unit or øcamp¿ campus if the øsuperintendent¿ director determines that the retention of the 

member in the member’s unit or in the superintendent’s 

øcamp¿ campus will jeopardize the enforcement of the 

standards or diminish the opportunities of other Corps 

members in that unit or øcamp¿ campus, as the case may 

be; or 

(B) dismiss a member of the Corps from the Corps if the 

øsuperintendent¿ director determines that retention of the 

member in the Corps will jeopardize the enforcement of 

the standards or diminish the opportunities of other Corps 

members. 

(3) APPEALS.—Under procedures prescribed by the Director, 

a member of the Corps may appeal to the Director a determination of a øcamp superintendent¿ campus director to transfer or dismiss the member. The Director shall provide for expeditious disposition of appeals under this paragraph. 

SEC. 156. TRAINING. 

(a) COMMON CURRICULUM.—Each member of the øCivilian Community Corps¿ National Civilian Community Corps shall be provided with between three and six weeks of training that includes 

a comprehensive service-learning curriculum designed to promote 

128

team building, discipline, leadership, work, training, citizenship, 

and physical conditioning. 

* * * * * * *

SEC. 157. SERVICE PROJECTS. 

(a) PROJECT REQUIREMENTS.—The service projects carried out by 

the øCivilian Community Corps¿ National Civilian Community 

Corps shall—

(1) * * *

* * * * * * *

(b) PROJECT PROPOSALS.—

(1) DEVELOPMENT OF PROPOSALS.—

(A) * * *

(B) OTHER SOURCES.—Other public and private organizations and agencies, including community-based organizations and representatives of local communities in the vicinity of a Corps øcamp¿ campus, may develop proposals for 

projects for a Corps øcamp¿ campus. Corps members shall 

also be encouraged to identify projects for the Corps. 

(2) CONSULTATION REQUIREMENTS.—The process for developing project proposals under paragraph (1) shall include consultation with the Corporation, representatives of local communities, State commissions, and persons involved in other youth 

service programs. 

(c) PROJECT SELECTION, ORGANIZATION, AND PERFORMANCE.—

(1) SELECTION.—The øsuperintendent¿ director of a Corps 

øcamp¿ campus shall select the projects to be performed by the 

members of the Corps assigned to the units in that øcamp¿

campus. The øsuperintendent¿ director shall select projects 

from among the projects proposed or identified pursuant to 

subsection (b). 

(2) INNOVATIVE LOCAL ARRANGEMENTS FOR PROJECT PERFORMANCE.—The Director shall encourage øcamp¿ superintendents campus to negotiate with representatives of local 

communities, to the extent practicable, innovative arrangements for the performance of projects. The arrangements may 

provide for cost-sharing and the provision by the communities 

of in-kind support and other support.

(3) DISASTER ASSISTANCE.—The Director shall place appropriate emphasis on projects in support of disaster relief efforts.

SEC. 158. AUTHORIZED BENEFITS FOR CORPS MEMBERS. 

(a) IN GENERAL.—The Director shall provide for members of the 

øCivilian Community Corps¿ National Civilian Community Corps

to receive benefits authorized by this section. 

* * * * * * *

(c) OTHER AUTHORIZED BENEFITS.—While receiving training or 

engaging in service projects as members of the øCivilian Community Corps¿ National Civilian Community Corps, members may be 

provided the following benefits: 

(1) * * *

* * * * * * *

129

SEC. 159. ADMINISTRATIVE PROVISIONS. 

(a) SUPERVISION.—The Chief Executive Officer shall monitor and 

supervise the administration of the øCivilian Community Corps 

Demonstration¿ National Civilian Community Corps Program authorized to be established under section 152. In carrying out this 

section, the Chief Executive Officer shall—

(1) approve such guidelines, recommended by the Board, for 

the design, selection of members, and operation of the øCivilian Community Corps¿ National Civilian Community Corps as 

the Chief Executive Officer considers appropriate; 

* * * * * * *

(b) MONITORING AND COORDINATION.—The Chief Executive Officer shall—

(1) monitor the overall operation of the øCivilian Community 

Corps¿ National Civilian Community Corps; 

* * * * * * *

(c) STAFF.—

(1) DIRECTOR.—

(A) * * *

(B) DUTIES.—The Director shall—

(i) design, develop, and administer the øCivilian 

Community Corps¿ National Civilian Community 

Corps programs; 

* * * * * * *

(2) PERMANENT CADRE.—

(A) ESTABLISHMENT.—øThe Director shall establish a 

permanent cadre of¿ The Chief Executive Officer shall establish a permanent cadre that includes the Director and 

other appointed supervisors and training instructors for 

øCivilian Community Corps¿ National Civilian Community Corps programs. 

(B) APPOINTMENT.—øThe Director shall appoint the 

members¿ The Chief Executive Officer shall consider the 

recommendations of the Director in appointing the other 

members of the permanent cadre. 

(C) EMPLOYMENT CONSIDERATIONS.—In appointing individuals to cadre positions, øthe Director¿ the Chief Executive Officer shall—

(i) * * *

* * * * * * *

(3) INAPPLICABILITY OF CERTAIN CIVIL SERVICE LAWS.—The 

Director, øthe¿ other members of the permanent cadre, and the 

other staff personnel shall be appointed without regard to the 

provisions of title 5, United States Code, governing appointments in the competitive service. The rates of pay of such persons may be established without regard to the provisions of 

chapter 51 and subchapter III of chapter 53 of such title. In 

the case of a member of the permanent cadre who was recommended for appointment in accordance with section 

162(a)(2)(A) and is entitled to retired or retainer pay, section 

5532 of title 5, United States Code, shall not apply to reduce 

130

the member’s retired or retainer pay by reason of the member 

being paid as a member of the cadre. 

* * * * * * *

SEC. 160. STATUS OF CORPS MEMBERS AND CORPS PERSONNEL 

UNDER FEDERAL LAW. 

(a) IN GENERAL.—Except as otherwise provided in this section, 

members of the øCivilian Community Corps¿ National Civilian 

Community Corps shall not, by reason of their status as such members, be considered Federal employees or be subject to the provisions of law relating to Federal employment. 

* * * * * * *

SEC. 161. CONTRACT AND GRANT AUTHORITY. 

(a) PROGRAMS.—The Director may, by contract or grant, provide 

for any public or private organization to øperform any program 

function under this subtitle¿ carry out the National Civilian Community Corps program. 

(b) EQUIPMENT AND FACILITIES.—

(1) * * *

(2) OTHER PROPERTY.—The Director may enter into contracts 

or agreements for the use of other equipment or facilities to 

the extent practicable to train and house members of the øCivilian Community Corps¿ National Civilian Community Corps

and leaders of Corps units. 

SEC. 162. RESPONSIBILITIES OF OTHER DEPARTMENTS. 

(a) SECRETARY OF DEFENSE.—

(1) LIAISON OFFICE.—

(A) ESTABLISHMENT.—Upon the establishment of the 

Program, the Secretary of Defense shall establish an office 

to provide for liaison between the Secretary and the øCivilian Community Corps¿ National Civilian Community 

Corps. 

* * * * * * *

(2) CORPS CADRE.—

(A) LIST OF RECOMMENDED PERSONNEL.—Upon the establishment of the Program, the Secretary of Defense, in consultation with the liaison office established under paragraph (1) shall develop a list of individuals øto be recommended for appointment¿ from which individuals may 

be selected for appointment by the Director in the permanent cadre of Corps personnel. Such personnel shall be selected from among members and former members of the 

Armed Forces referred to in section 151(3) who are commissioned officers, noncommissioned officers, former commissioned officers, or former noncommissioned officers. 

* * * * * * *

(3) FACILITIES.—Upon the establishment of the Program, the 

Secretary of Defense shall identify military installations and 

other facilities of the Department of Defense and, in consultation with the adjutant generals of the State National Guards, 

National Guard facilities that may be used, in whole or in part, 

by the øCivilian Community Corps¿ National Civilian Community Corps for training or housing Corps members. The SecVerDate May 23 2002 05:55 Jun 30, 2002 Jkt 099006 PO 00000 Frm 00130 Fmt 6659 Sfmt 6602 E:\HR\OC\HR521.XXX pfrm17 PsN: HR521
131

retary of Defense shall carry out this paragraph in consultation 

with the liaison office established under paragraph (1). 

* * * * * * *

(b) SECRETARY OF LABOR.—Upon the establishment of the Program, the Secretary of Labor shall identify and assist in establishing a system for the recruitment of persons to serve as members of the øCivilian Community Corps¿ National Civilian Community Corps. In carrying out this subsection, the Secretary of Labor 

may utilize the Employment Service Agency or the Office of Job 

Training. 

øSEC. 163. ADVISORY BOARD. 

ø(a) ESTABLISHMENT AND PURPOSE.—Upon the establishment of 

the Program, there shall also be established a Civilian Community 

Corps Advisory Board to advise the Director concerning the administration of this subtitle and to assist in the development and administration of the Corps. 

ø(b) MEMBERSHIP.—The Advisory Board shall be composed of the 

following members: 

ø(1) The Secretary of Labor. 

ø(2) The Secretary of Defense. 

ø(3) The Secretary of the Interior. 

ø(4) The Secretary of Agriculture. 

ø(5) The Secretary of Education. 

ø(6) The Secretary of Housing and Urban Development. 

ø(7) The Chief of the National Guard Bureau. 

ø(8) Individuals appointed by the Director from among persons who are broadly representative of educational institutions, 

voluntary organizations, industry, youth, and labor unions. 

ø(9) The Chief Executive Officer. 

ø(c) INAPPLICABILITY OF TERMINATION REQUIREMENT.—Section 14 

of the Federal Advisory Committee Act (5 U.S.C. App.) shall not 

apply to the Advisory Board.¿

SEC. 164. ANNUAL EVALUATION. 

Pursuant to the provisions for evaluations conducted under section 179, and in particular subsection (g) of such section, the Corporation shall conduct an annual evaluation of the øCivilian Community Corps¿ National Civilian Community Corps programs authorized under this subtitle. 

øSEC. 165. FUNDING LIMITATION. 

øThe Corporation, in consultation with the Director, shall ensure 

that no amounts appropriated under section 501 are utilized to 

carry out this subtitle.¿

SEC. 166. DEFINITIONS. 

In this subtitle: 

(1) BOARD.—The term ‘‘Board’’ means the Board of Directors 

of the Corporation.

(2) CAMPUS DIRECTOR.—The term ‘‘campus director’’, with respect to a Corps campus, means the head of the campus under 

section 155(d).

ø(2)¿ (3) CORPS.—The terms ‘‘øCivilian Community Corps¿

National Civilian Community Corps’’ and ‘‘Corps’’ mean the 

øCivilian Community Corps¿ National Civilian Community

Corps required under section 155 as part of the øCivilian ComVerDate May 23 2002 05:55 Jun 30, 2002 Jkt 099006 PO 00000 Frm 00131 Fmt 6659 Sfmt 6602 E:\HR\OC\HR521.XXX pfrm17 PsN: HR521
132

munity Corps Demonstration¿ National Civilian Community 

Corps Program. 

ø(3)¿ (4) CORPS øCAMP¿ CAMPUS.—The term ‘‘Corps øcamp¿

campus’’ means the facility or central location established as 

the operational headquarters and boarding place for particular 

Corps units. 

ø(4)¿ (5) CORPS MEMBERS.—The term ‘‘Corps members’’ means persons receiving training and participating in projects 

under the øCivilian Community Corps Demonstration¿ National Civilian Community Corps Program. 

ø(5)¿ (6) DIRECTOR.—The term ‘‘Director’’ means the Director 

of the øCivilian Community Corps¿ National Civilian Community Corps. ø(6)¿ (7) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given that term 

in section 101 of the Higher Education Act of 1965. 

ø(7)¿ (8) PROGRAM.—The terms ‘‘øCivilian Community Corps 

Demonstration¿ National Civilian Community Corps Program’’ and ‘‘Program’’ mean the øCivilian Community Corps Demonstration¿ National Civilian Community Corps Program established pursuant to section 152. 

ø(8)¿ (9) SERVICE LEARNING.—The term ‘‘service learning’’, with respect to Corps members, means a method— (A) * * *

* * * * * * *

ø(9) SUPERINTENDENT.—The term ‘‘superintendent’’, with respect to a Corps camp, means the head of the camp under section 155(d).¿

(10) UNIT.—The term ‘‘unit’’ means a unit of the Corps referred to in section 155(c).

SEC. 167. EMERGENCY RESPONSE CORPS. 

(a) AUTHORITY TO PROVIDE ASSISTANCE.—Subject to the availability of appropriations under this subtitle for this purpose, the 

Corporation may make grants, and provide an allotment of educational awards, to State and local public agencies and private nonprofit organizations, including institutions of higher education, for 

the purpose of supporting the development and operation of emergency response corps as part of the National Civilian Community 

Corps. 

(b) ELIGIBLE PROGRAMS.—A recipient of a grant under this section shall conduct an emergency response corps program, which 

may include a residential program, in which individuals at least 18 

years of age receive training and are deployed to respond to natural 

and other disasters and otherwise support local communities in 

public safety, public health, and emergency preparedness. Such a 

program may include national service opportunities for participants 

to be trainees as law enforcement officers, firefighters and rescue 

personnel, search and rescue personnel, emergency medical service 

workers, and disaster services workers. 

(c) USE OF FUNDS.—

(1) ALLOWABLE COSTS.—A recipient of a grant under this section may use the amounts of the grant to pay costs attributable 

to the development or operation of an emergency response corps 

including—

133

(A) for residential programs, a living allowance that does 

not exceed the amount that is provided to National Civilian 

Community Corps members under section 158(b); 

(B) other member benefits and services consistent with 

those authorized under subsections (c) and (d) of section 

158; 

(C) recruitment; 

(D) training; 

(E) insurance; and 

(F) management. 

(2) ADMINISTRATIVE COSTS.—A recipient of a grant under this 

section may use up to 5 percent of the amount of the grant provided by the Corporation to pay for the recipient’s cost of administering the approved program. 

(d) NATIONAL SERVICE EDUCATIONAL AWARDS.—An individual 

who successfully completes a term of service in an emergency response corps may receive the national service educational award described in subtitle D if the individual— (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.

Subtitle F—Administrative Provisions 

SEC. 171. FAMILY AND MEDICAL LEAVE. 

(a) PARTICIPANTS IN PRIVATE, STATE, AND LOCAL PROJECTS.—For 

purposes of title I of the Family and Medical Leave Act of 1993 (29 

U.S.C. 2601 et seq.), if—

(1) a participant has provided service for the period required 

by section 101(2)(A)(i) (29 U.S.C. 2611(2)(A)(i)), and has met 

the hours of service requirement of section 101(2)(A)(ii), of such 

Act øwith respect to a project¿ with respect to a project authorized under the national service laws; and

(b) SERVICE SPONSORS.—Participants in a project authorized 

under the national service laws shall not be considered employees 

for purposes of determining whether a service sponsor is an employer under subsection (a)(2).

ø(b)¿ (c) PARTICIPANTS IN FEDERAL PROJECTS.—For purposes of 

subchapter V of chapter 63 of title 5, United States Code, if—

(1) * * *

* * * * * * *

ø(c)¿ (d) TREATMENT OF ABSENCE.—The period of any absence of 

a participant from a service position pursuant to title I of the Family and Medical Leave Act of 1993 or subchapter V of chapter 63 

of title 5, United States Code, shall not be counted toward the completion of the term of service of the participant under section 139 

of this Act. 

* * * * * * *

SEC. 174. PROHIBITION ON USE OF FUNDS. 

(a) * * *

* * * * * * *

134

(d) REFERRALS FOR FEDERAL ASSISTANCE.—A program may not 

receive assistance under the national service laws for the sole purpose of referring individuals to Federal assistance programs or 

State assistance programs funded in part by the Federal government. 

(e) SEX EDUCATION PROGRAMS.—No assistance made available 

under the national service laws shall be used—

(1) to develop or distribute materials or operate programs or 

courses of instruction directed at youth that are designed to promote or encourage sexual activity; 

(2) to distribute or aid in the distribution by any organization 

of obscene materials to minors on school grounds; 

(3) to provide in schools—

(A) sex education, unless such education is age appropriate and includes discussion of the health benefits of abstinence; and 

(B) HIV-prevention instruction, unless such instruction is 

age appropriate, includes discussion of the health benefits 

of abstinence, and includes discussion of the health risks of 

the human papillomavirus (HPV), consistent with the provisions of section 317P(c) of the Public Health Service Act 

(42 U.S.C. 247b–17(c)), or 

(4) to operate a program of contraceptive distribution in 

schools.

* * * * * * *

SEC. 176. NOTICE, HEARING, AND GRIEVANCE PROCEDURES. 

(a) IN GENERAL.—

(1) SUSPENSION OF PAYMENTS.—The Corporation may in accordance with the provisions of øthis title¿ the national service 

laws, suspend or terminate payments under a contract or grant 

providing assistance under øthis title¿ the national service 

laws, or revoke the designation of positions, related to the 

grant or contract, as approved national service positions, whenever the Corporation determines there is a material failure to 

comply with øthis title¿ the national service laws or the applicable terms and conditions of any such grant or contract issued 

pursuant to øthis title¿ the national service laws. 

(2) PROCEDURES TO ENSURE ASSISTANCE.—The Corporation 

shall prescribe procedures to ensure that—

(A) assistance provided under øthis title¿ the national 

service laws shall not be suspended for failure to comply 

with the applicable terms and conditions of øthis title¿ the 

national service laws except, in emergency situations, a 

suspension may be granted for ø30 days¿ 1 or more periods of 30 days not to exceed 90 days in total; and 

(B) assistance provided under øthis title¿ the national 

service laws shall not be terminated or revoked for failure 

to comply with applicable terms and conditions of øthis 

title¿ the national service laws unless the recipient of such 

assistance has been afforded reasonable notice and opportunity for a full and fair hearing. 

(b) HEARINGS.—Hearings or other meetings that may be necessary to fulfill the requirements of this section shall be held at loVerDate May 23 2002 05:55 Jun 30, 2002 Jkt 099006 PO 00000 Frm 00134 Fmt 6659 Sfmt 6602 E:\HR\OC\HR521.XXX pfrm17 PsN: HR521
135

cations convenient to the recipient of assistance under øthis title¿

the national service laws. 

* * * * * * *

(d) STATE LEGISLATION.—Nothing in øthis title¿ the national 

service laws shall be construed to preclude the enactment of State 

legislation providing for the implementation, consistent with øthis 

title¿ the national service laws, of the programs administered 

under øthis title¿ the national service laws. (e) CONSTRUCTION.—Nothing in øthis title¿ the national service 

laws shall be construed to link performance of service with receipt 

of Federal student financial assistance, other than assistance provided pursuant to this Act. 

(f) GRIEVANCE PROCEDURE.— (1) IN GENERAL.—øA State or local applicant¿ An entity that 

receives assistance under øthis title¿ the national service laws

shall establish and maintain a procedure for the filing and adjudication of grievances from participants, labor organizations, 

and other interested individuals concerning projects that receive assistance under øthis title¿ the national service laws, including grievances regarding proposed placements of such participants in such projects. 

* * * * * * *

(5) PROPOSED PLACEMENT.—If a grievance is filed regarding 

a proposed placement of a participant in a project that receives 

assistance under øthis title¿ the national service laws, such 

placement shall not be made unless the placement is consistent 

with the resolution of the grievance pursuant to this subsection. 

(6) REMEDIES.—Remedies for a grievance filed under this 

subsection include—

(A) suspension of payments for assistance under øthis 

title¿ the national service laws; 

(B) termination of such payments; 

(C) prohibition of the placement described in paragraph 

(5); øand¿

(D) in a grievance filed by an individual applicant or 

participant—

(i) the applicant’s selection or the participant’s reinstatement, as the case may be; and 

(ii) other changes in the terms and conditions of service.

ø(D)¿ (E) in a case in which the grievance involves a violation of subsection (a) or (b) of section 177 and the employer of the displaced employee is the recipient of assistance under øthis title¿ the national service laws—

(i) * * *

* * * * * * *

SEC. 177. NONDUPLICATION AND NONDISPLACEMENT. 

(a) NONDUPLICATION.—

(1) IN GENERAL.—Assistance provided øunder this title¿

under the national service laws shall be used only for a program that does not duplicate, and is in addition to, an activity 

otherwise available in the locality of such program. 

136

(2) PRIVATE NONPROFIT ENTITY.—Assistance made available 

øunder this title¿ under the national service laws shall not be 

provided to a private nonprofit entity to conduct activities that 

are the same or substantially equivalent to activities provided 

by a State or local government agency that such entity resides 

in, unless the requirements of subsection (b) are met. 

(b) NONDISPLACEMENT.—

(1) IN GENERAL.—An employer shall not displace an øemployee or position¿ employee, position, or volunteer (other than 

a participant under the national service laws), including partial 

displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving assistance øunder this title¿

under the national service laws. 

* * * * * * *

ø(e) STANDARDS OF CONDUCT.—Programs that receive assistance 

under this title shall establish and stringently enforce standards of 

conduct at the program site to promote proper moral and disciplinary conditions.¿

(e) STANDARDS OF CONDUCT.—

(1) IN GENERAL.—Programs that receive assistance under the 

national service laws shall establish and stringently enforce 

standards of conduct at the program site to promote proper 

moral and disciplinary conditions, and shall consult with the 

parents or legal guardians of children in developing and operating programs that include and serve children. 

(2) PARENTAL PERMISSION.—Programs that receive assistance 

under the national service laws shall, consistent with State law, 

before transporting minor children, provide the reason for and 

obtain written permission of the children’s parents.

SEC. 178. STATE COMMISSIONS ON NATIONAL AND COMMUNITY 

SERVICE. 

(a) * * *

* * * * * * *

(c) COMPOSITION AND MEMBERSHIP.—

(1) REQUIRED MEMBERS.—The State Commission for a State 

shall include as voting members at least one of each of the following individuals: 

(A) * * *

* * * * * * *

(J) A representative of the volunteer sector.

* * * * * * *

(3) CORPORATION REPRESENTATIVE.—The representative of 

the Corporation designated under section 195(c) for a State 

shall be an ex officio nonvoting member of the State Commission or alternative administrative entity for that Stateø, unless 

the State permits the representative to serve as a voting member of the State Commission or alternative administrative entity¿. 

* * * * * * *

137

(e) DUTIES OF A STATE COMMISSION.—The State Commission or 

alternative administrative entity for a State shall be responsible 

for the following duties: 

ø(1) Preparation of a national service plan for the State 

that—ø(A) is developed through an open and public process 

(such as through regional forums, hearings, and other 

means) that provides for maximum participation and input 

from national service programs within the State and other 

interested members of the public; 

ø(B) covers a 3-year period; 

ø(C) is updated annually; 

ø(D) ensures outreach to diverse community-based agencies that serve underrepresented populations, by— ø(i) using established networks, and registries, at 

the State level; or 

ø(ii) establishing such networks and registries; and 

ø(E) contains such information as the State Commission 

considers to be appropriate or as the Corporation may require.¿

(1) Preparation of a national service plan that— (A) is developed through an open and public process 

(such as through regional forums, hearings, and other 

means) that provides for maximum participation and input 

from nonprofit organizations and public agencies using 

service and volunteerism as a strategy to meet critical community needs, including programs funded under the national service laws; 

(B) covers a 3-year period, the beginning of which may be 

set by the State; 

(C) is subject to approval by the Chief Executive Officer; 

(D) includes measurable goals and outcomes; 

(E) ensures outreach to community and religious organizations, including those that serve underrepresented populations; 

(F) provides for effective coordination of funding applications submitted by the State and others within the State 

under the national service laws; and 

(G) identifies potential changes in practices and policies 

that will improve the coordination and effectiveness of Federal, State, and local resources for service and volunteerism 

within the State.

* * * * * * *

(f) RELIEF FROM ADMINISTRATIVE REQUIREMENTS.—Upon approval of a State plan submitted under subsection (e)(1), the Chief 

Executive Officer may waive, or specify alternatives to, administrative requirements (other than statutory provisions) otherwise applicable to grants made to States under the national service laws, including those requirements identified by a State as impeding the coordination and effectiveness of Federal, State, and local resources 

for service and volunteerism within a State.

ø(f)¿ (g) ACTIVITY INELIGIBLE FOR ASSISTANCE.—A State Commission or alternative administrative entity may not directly carry out 

any national service program that receives assistance under section 

121. 

138

ø(g)¿ (h) DELEGATION.—Subject to such requirements as the Corporation may prescribe, a State Commission may delegate nonpolicymaking duties to a State agency or public or private nonprofit 

organization. 

ø(h)¿ (i) APPROVAL OF STATE COMMISSION OR ALTERNATIVE.— (1) * * *

* * * * * * *

ø(i)¿ (j) COORDINATION.—

(1) COORDINATION WITH OTHER STATE AGENCIES.—The State 

Commission or alternative administrative entity for a State 

shall coordinate the activities of the Commission or entity 

under this Act with the activities of other State agencies that 

administer Federal financial assistance programs under the 

Community Services Block Grant Act (42 U.S.C. 9901 et seq.) 

or other appropriate Federal financial assistance programsø.¿, 

consistent with section 174(d).

* * * * * * *

ø(j)¿ (k) LIABILITY.—

(1) * * *

* * * * * * *

SEC. 179. EVALUATION. 

(a) IN GENERAL.—The Corporation shall provide, through grants 

or contracts, for the continuing evaluation of programs that receive 

assistance under the national service laws, including evaluations 

that measure the impact of such programs, øto determine—

ø(1) the effectiveness of various program models in achieving 

stated goals and the costs associated with such; 

ø(2) with respect to the programs authorized under subtitle 

C, the impact of such programs, in each State in which a program is conducted, on the ability of—

ø(A) the VISTA and National Senior Volunteer Corps 

programs (established under the Domestic Volunteer Services Act of 1973 (42 U.S.C. 4950 et seq.)); 

ø(B) each regular component of the Armed Forces (as defined in section 101(a)(4) of title 10, United States Code); 

ø(C) each of the reserve components of the Armed Forces 

(as described in section 10101 of title 10, United States 

Code); and 

ø(D) the Peace Corps (as established by the Peace Corps 

Act (22 U.S.C. 2501 et seq.)); 

to recruit individuals residing in such State to serve in such 

program; and

ø(3) the structure and mechanisms for delivery of services for 

such programs.¿ to determine the effectiveness of programs supported under the national service laws in achieving stated goals 

and the costs associated with each of such programs, while conducting research on the role of service and civic engagement as 

a means of fostering healthy civic organizations.

* * * * * * *

(g) PROGRAM OBJECTIVES.—The Corporation shall ensure that 

programs that receive assistance under subtitle C are evaluated to 

determine their effectiveness in—

139

(1) * * *

* * * * * * *

(3) encouraging each participant to engage in public and 

community service after completion of the program based on 

career choices and service in other service programs such as 

the Volunteers in Service to America Program and øNational 

Senior Volunteer Corps¿ National Senior Service Corps programs established under the Domestic Volunteer Service Act of 

1973 (42 U.S.C. 4950 et seq.), the Peace Corps (as established 

by the Peace Corps Act (22 U.S.C. 2501 et seq.)), the military, 

and part-time volunteer service; 

* * * * * * *

(9) attracting a greater number of citizens øto public service, 

including service in the active and reserve components of the 

Armed Forces, the National Guard, the Peace Corps (as established by the Peace Corps Act (22 U.S.C. 2501 et seq.)), and the 

VISTA and National Senior Volunteer Corps programs established under the Domestic Volunteer Service Act of 1973 (42 

U.S.C. 4950 et seq.).¿ to engage in service that benefits the community.

* * * * * * *

(j) RESERVED PROGRAM FUNDS FOR ACCOUNTABILITY.—In addition to amounts appropriated to carry out this section, the Corporation may reserve up to 1 percent of total program funds appropriated in a fiscal year under the national service laws to support 

program accountability activities.

* * * * * * *

SEC. 181. CONTINGENT EXTENSION. 

Section ø414¿ 422 of the General Education Provisions Act (20 

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

* * * * * * *

SEC. 185. CONSOLIDATED APPLICATION AND REPORTING REQUIREMENTS. 

To promote efficiency and eliminate duplicative requirements, the 

Corporation may consolidate or modify application procedures and 

reporting requirements for programs and activities funded under 

the national service laws. 

SEC. 186. ACCOUNTABILITY FOR RESULTS. 

(a) MEASURES.—

(1) ESTABLISHMENT OF MEASURES.—The Corporation shall establish, in consultation with grantees receiving assistance 

under the national service laws, performance measures for each 

grantee. 

(2) CONTENT.—The measures described in paragraph (1) 

shall include—

(A) the number of participants enrolled as compared to 

the number stated in the organization’s approved application for assistance; 

(B) evidence of community support, such as private financial contributions and volunteers recruited from the community; 

140

(C) progress toward program outcome measures; and 

(D) performance on other measures as determined by the 

Corporation. 

(3) SOURCE.—The measures described in paragraph (1) may 

include self-reported data from grantees or independent data 

collected by the Corporation. 

(b) CORRECTIVE PLANS.—A grantee that does not achieve the established levels of performance on the measures, as determined by 

the Corporation, shall submit to the Corporation for approval a 

plan of correction to achieve the established levels of performance. 

(c) FAILURE TO MEET PERFORMANCE LEVELS.—If, after a period 

for correction as approved by the Corporation, a grantee or subgrantee fails to achieve the established levels of performance, the 

Corporation shall—

(1) reduce the annual amount of the grant award attributable 

to the underperforming grantee or subgrantee by at least 25 percent; or 

(2) terminate assistance to the underperforming grantee or 

subgrantee, consistent with section 176(a). 

(d) REPORTS TO CONGRESS.—The Corporation shall submit a report to Congress within 2 years after the date of enactment of this 

section, and annually thereafter, containing information on the 

number of programs implementing corrective plans and the number 

of programs for which assistance is terminated, and the number of 

programs meeting or exceeding their performance measures under 

this section for the year covered by the report. 

SEC. 187. SUSTAINABILITY. 

(a) GOALS.—To ensure that recipients of assistance under the national service laws are meeting sustainability goals, the Corporation 

may, in consultation with recipients of assistance under the national service laws, establish policies and procedures to—

(1) establish limits on the number of years recipients may receive assistance to carry out a project; 

(2) increase match requirements; and 

(3) implement measures to ascertain whether projects are generating sufficient community support. 

(b) ENFORCEMENT.—Any action by the Corporation to suspend or 

terminate assistance to recipients that do not meet sustainability 

goals set by the Corporation shall be consistent with section 176(a) 

and section 186.

SEC. 188. USE OF RECOVERED FUNDS. 

(a) FACTORS CONSIDERED IN APPROVING REPAYMENT.—After the 

date of enactment of this section, whenever the Corporation recovers 

funds paid to a recipient under a grant or cooperative agreement 

made under the national service laws because the recipient made an 

expenditure of funds that was not allowable, or otherwise failed to 

discharge its responsibility to account properly for funds, the Corporation may consider those funds to be additional funds available 

and may arrange to repay to the recipient affected by that action an 

amount not to exceed 75 percent of the recovered funds if the Corporation determines that—

(1) the practices or procedures of the recipient that resulted 

in the recovery of funds have been corrected, and that the recipient is in all other respects in compliance with the requirements 

141

of the grant or cooperative agreement, if the recipient was notified of any noncompliance with such requirements and given a 

reasonable period of time to remedy such noncompliance; 

(2) the recipient has submitted to the Corporation a plan for 

the use of those funds consistent with the national service laws 

and, to the extent possible, for the benefit of the community affected by the recovery of funds; and 

(3) the use of those funds in accordance with that plan would 

serve to achieve the objectives of the grant or cooperative agreement under which the funds were originally paid. 

(b) TERMS AND CONDITIONS OF REPAYMENT.—Any payments by 

the Corporation under this section shall be subject to other terms 

and conditions as the Corporation considers necessary to accomplish 

the purposes of the grant or cooperative agreement, including— (1) the submission of periodic reports on the use of funds provided under this section; and 

(2) consultation by the recipient with members of the community that will benefit from the payments. 

(c) AVAILABILITY OF FUNDS.—Notwithstanding any other provision of law, the funds made available under this section shall remain available for expenditure for a period of time considered reasonable by the Corporation, but in no case to exceed more than 3 

fiscal years following the later of—

(1) the fiscal year in which final agency action regarding the 

disallowance of funds is taken; or 

(2) if such recipient files a petition for judicial review regarding the disallowance of funds, the fiscal year in which final judicial action is taken on such a petition. 

(d) PUBLICATION IN FEDERAL REGISTER.—At least 60 days prior 

to entering into an arrangement under this section, the Corporation 

shall publish in the Federal Register a notice of intent to enter into 

such an arrangement and the terms and conditions under which 

payments will be made. Interested persons shall have an opportunity for at least 30 days to submit comments to the Corporation 

regarding the proposed arrangement. 

SEC. 189. CAPACITY BUILDING. 

Participants in programs supported under the national service 

laws, including individuals serving in approved national service positions, may engage in activities, including recruiting and managing volunteers, that increase the capacity of organizations that receive assistance under the national service laws to address unmet 

human, educational, environmental, or public safety needs. 

SEC. 189A. EXPENSES OF ATTENDING MEETINGS. 

Notwithstanding section 1345 of title 31, United States Code, 

funds authorized under the national service laws shall be available 

for expenses of attendance of meetings that are concerned with the 

functions or activities for which the funds are appropriated or 

which will contribute to improved conduct, supervision, or management of those functions or activities. 

SEC. 189B. FEES. 

(a) COLLECTION OF FEES.—The Corporation may charge and retain fair and reasonable fees for training, technical assistance, and 

publications. The amount of the fees shall be based on the cost of 

the activities or publications to the Corporation. 

142

(b) NOT FEDERAL FUNDS.—Fees collected under subsection (a) 

shall not be considered to be Federal funds and shall not be required to be deposited in the Treasury of the United States. 

(c) ANNUAL REPORTS.—The Corporation shall submit to the appropriate committees of Congress an annual report that includes the 

services or publications provided on a fee basis and the amount of 

fees received. 

SEC. 189C. GRANT PERIODS. 

Unless otherwise specifically provided, the Corporation has authority to make a grant under the national service laws for a period 

of 3 years. 

SEC. 189D. GENERATION OF VOLUNTEERS. 

In making decisions on applications for assistance or approved 

national service positions under the national service laws, the Corporation shall take into consideration the extent to which the applicant’s proposal will increase the involvement of volunteers in meeting community needs. 

SEC. 189E. LIMITATION ON PROGRAM GRANT COSTS. 

(a) LIMITATION ON GRANT AMOUNTS.—Except as otherwise provided by this section, the amount of funds approved by the Corporation in a grant to operate a program authorized under the national 

service laws supporting individuals serving in approved national 

service positions may not exceed $16,000 per full-time equivalent position. 

(b) COSTS SUBJECT TO LIMITATION.—The limitation in subsection 

(a) applies to the Corporation’s share of member support costs, staff 

costs, and other costs borne by the grantee or subgrantee to operate 

a program. 

(c) COSTS NOT SUBJECT TO LIMITATION.—The limitation in subsection (a) and (e)(1) shall not apply to expenses that are not included in the program operating grant award. 

(d) ADJUSTMENTS FOR INFLATION.—The amount specified in subsections (a) and (e)(1) shall be adjusted each year after 2003 for inflation as measured by the Consumer Price Index for All Urban 

Consumers published by the Secretary of Labor. 

(e) WAIVER AUTHORITY AND REPORTING REQUIREMENT.—

(1) WAIVER.—The Chief Executive Officer may waive the requirements of this section, up to a maximum of $18,000, if necessary to meet the compelling needs of a particular program, 

such as exceptional training needs for a program serving disadvantaged youth, increased costs relating to the participation 

of individuals with disabilities, and start-up costs associated 

with a first-time grantee, and up to a maximum of $20,000 for 

residential programs. 

(2) REPORTS.—The Chief Executive Officer shall report to 

Congress annually on all waivers granted under this section, 

with an explanation of the compelling needs justifying such 

waivers. 

SEC. 189F. NOTICE REQUIREMENT. 

(a) The Corporation shall ensure that the following notice is included in all application materials, grant announcements, and 

other material containing information regarding the application for 

assistance provided under the national service laws: ‘‘The Civil 

143

Rights Act of 1964 prohibits employers with 15 or more employees 

from engaging in employment practices that discriminate against 

an individual based on religion. Under section 702(a) of the Civil 

Rights Act, this prohibition generally does not apply to a religious 

corporation, association, educational institution, or society. However, as a requirement of receiving funding under the national service laws, any such religious entity shall not discriminate based on 

religion when employing new staff paid with funds received under 

the national service laws pursuant to section 175(c) of the National 

and Community Service Act of 1990 (42 U.S.C. 12635(c)) and section 417(c) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 

5057(c)).’’. (b) Before providing assistance to a private entity referenced in 

paragraph (1), the Corporation shall ensure that written confirmation, separate from any other documents required by law or regulation, is obtained from such private entity acknowledging the recipient of assistance or funds has read and understands the following: 

‘‘The Civil Rights Act of 1964 prohibits employers with 15 or more 

employees from engaging in employment practices that discriminate 

against an individual based on religion. Under section 702(a) of the 

Civil Rights Act, this prohibition generally does not apply to a religious corporation, association, educational institution, or society. 

However, as a requirement of receiving funding under the national 

service laws, any such religious entity shall not discriminate based 

on religion when employing new staff paid with funds received 

under the national service laws pursuant to section 175(c) of the National and Community Service Act of 1990 (42 U.S.C. 12635(c)) and 

section 417(c) of the Domestic Volunteer Service Act of 1973 (42 

U.S.C. 5057(c)).’’. (c) Subsections (a) and (b) of this section shall not amend, supersede, or otherwise affect rights, protections, or duties under the Civil 

Rights laws of the United States, the national service laws, or any 

other law. 

SEC. 189G. AUDITS AND REPORTS. 

The Corporation shall comply with applicable audit and reporting 

requirements as provided in the Chief Financial Officers Act of 1990 

(31 U.S.C. 501 et seq.) and the Government Corporation Control Act 

of 1945 (31 U.S.C. 9101 et seq.). The Corporation shall report to the 

Congress any failure to comply with the requirements of such audits.

Subtitle G—Corporation for National and 

Community Service 

* * * * * * *

SEC. 192. BOARD OF DIRECTORS. 

(a) * * *

* * * * * * *

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; 

144

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; and 

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.—A voting 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 the Congress adjourns sine die to end 

the session of Congress that commences after the date on which 

the member’s term expired.

SEC. 192A. AUTHORITIES AND DUTIES OF THE BOARD OF DIRECTORS. 

(a) * * *

* * * * * * *

(g) DUTIES.—The Board øshall—¿ shall have responsibility for 

setting overall policy for the Corporation and shall—

(1) * * *

ø(2) review and approve the proposal described in section 

193A(b)(2)(A), with respect to the grants, allotments, contracts, 

financial assistance, payment, and positions referred to in such 

section;¿

ø(3)¿ (2) review and approve the proposal described in section 193A(b)(3)(A), regarding the regulations, standards, policies, procedures, programs, and initiatives referred to in such 

section; 

ø(4)¿ (3) review and approve the evaluation plan described 

in section 193A(b)(4)(A); 

ø(5)(A)¿ (4)(A) review, and advise the Chief Executive Officer 

regarding, the actions of the Chief Executive Officer with respect to the personnel of the Corporation, and with respect to 

such standards, policies, procedures, programs, and initiatives 

as are necessary or appropriate to carry out the national service laws; and 

* * * * * * *

ø(6)¿ (5) receive any report as provided under subsection (b), 

(c), or (d) of section 8E of the Inspector General Act of 1978; 

ø(7)¿ (6) make recommendations relating to a program of research for the Corporation with respect to national and community service programs, including service-learning programs; 

ø(8)¿ (7) advise the President and the Congress concerning 

developments in national and community service that merit 

the attention of the President and the Congress; 

ø(9)¿ (8) ensure effective dissemination of information regarding the programs and initiatives of the Corporation; and

ø(10)¿ (9) notwithstanding any other provision of law, make 

grants to or contracts with Federal or other public departments 

145

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 øprogram; and¿ program under 

a cost share agreement, as determined by the Corporation, in 

which the funds advanced or received as reimbursement shall 

be credited directly to a current appropriation.

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 Officer is required to carry out under section 193A(b)(10), 

which recommendations shall be submitted to the Congress 

and President not later than September 30, 1995.¿

* * * * * * *

SEC. 193A. AUTHORITIES AND DUTIES OF THE CHIEF EXECUTIVE OFFICER. 

(a) * * *

(b) DUTIES.—In addition to the duties conferred on the Chief Executive Officer under any other provision of the national service 

laws, the Chief Executive Officer shall—

(1) * * *

* * * * * * *

(9) prepare and submit to the appropriate committees of 

Congress an annual report, and such interim reports as may 

be necessary, describing—

(A) * * *

* * * * * * *

(C) information on the results achieved by the programs 

funded under the national service laws during the year 

preceding the year in which the report is prepared; and

ø(10) provide for studies (including the evaluations described 

in subsection (f)) and demonstrations that evaluate, and prepare and submit to the Board by June 30, 1995, a report containing recommendations regarding, issues related to—

ø(A) the administration and organization of programs 

authorized under the national service laws or under Public 

Law 91–378 (referred to in this subparagraph as ‘‘service 

programs’’), including—

ø(i) whether the State and national priorities designed to meet the unmet human, education, environmental, or public safety needs described in section 

122(c)(1) are being addressed by this Act; 

ø(ii) the manner in which—

ø(I) educational and other outcomes of both 

stipended and nonstipended service and servicelearning are defined and measured in such service 

programs; and 

ø(II) such outcomes should be defined and measured in such service programs; 

ø(iii) whether stipended service programs, and service programs providing educational benefits in return 

146

for service, should focus on economically disadvantaged individuals or at-risk youth or whether such 

programs should include a mix of individuals, including individuals from middle- and upper-income families; 

ø(iv) the role and importance of stipends and educational benefits in achieving desired outcomes in the 

service programs; 

ø(v) the potential for cost savings and coordination 

of support and oversight services from combining functions performed by ACTION State offices and State 

Commissions; 

ø(vi) the implications of the results from such studies and demonstrations for authorized funding levels 

for the service programs; and 

ø(vii) other issues that the Director determines to be 

relevant to the administration and organization of the 

service programs; and 

ø(B) the number, potential consolidation, and future organization of national service or domestic volunteer service 

programs that are authorized under Federal law, including 

VISTA, service corps assisted under subtitle C and other 

programs authorized by this Act, programs administered 

by the Public Health Service, the Department of Defense, 

or other Federal agencies, programs regarding teacher 

corps, and programs regarding work-study and higher education loan forgiveness or forbearance programs authorized 

by the Higher Education Act of 1965 (20 U.S.C. 1001 et 

seq.) related to community service; and¿

ø(11)¿ (10) for purposes of section 178(d)(6)(B), issue regulations to waive the disqualification of members of the Board and 

members of the State Commissions selectively in a random, 

nondiscretionary manner and only to the extent necessary to 

establish the quorum involved, including rules that forbid each 

member of the Board and each voting member of a State Commission to participate in any discussion or decision regarding 

the provision of assistance or approved national service positions, or the continuation, suspension, or termination of such 

assistance or such positions, to any program or entity of which 

such member of the Board or such member of the State Commission is, or in the 1-year period before the submission of the 

application referred to in such section was, an officer, director, 

trustee, full-time volunteer, or employee. 

(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) * * *

* * * * * * *

(9) consolidate the reports to Congress required under the 

national service laws, and the report required under section 

9106 of title 31, United States Code, into a single report, and 

submit the report to Congress on an annual basis; øand¿

(10) obtain the opinions of peer reviewers in evaluating applications to the Corporation for assistance under this title; and

147

ø(10)¿ (11) generally perform such functions and take such 

steps consistent with the objectives and provisions of the national service laws, as the Chief Executive Officer determines 

to be necessary or appropriate to carry out such provisions. 

* * * * * * *

ø(f) EVALUATIONS.—

ø(1) EVALUATION OF LIVING ALLOWANCE.—The Corporation 

shall arrange for an independent evaluation to determine the 

levels of living allowances paid in all programs under subtitles 

C and I, individually, by State, and by region. Such evaluation 

shall determine the effects that such living allowances have 

had on the ability of individuals to participate in such programs. 

ø(2) EVALUATION OF SUCCESS OF INVESTMENT IN NATIONAL

SERVICE.—

ø(A) EVALUATION REQUIRED.—The Corporation shall arrange for the independent evaluation of the operation of 

subtitle C to determine the levels of participation of economically disadvantaged individuals in national service 

programs carried out or supported using assistance provided under section 121. 

ø(B) PERIOD COVERED BY EVALUATION.—The evaluation 

required by this paragraph shall cover the period beginning on the date the Corporation first makes a grant 

under section 121, and ending on a date that is as close 

as is practicable to the date specified in subsection (b)(10). 

ø(C) INCOME LEVELS OF PARTICIPANTS.—The evaluating 

entity shall determine the total income of each participant 

who serves, during the period covered by the evaluation, in 

a national service program carried out or supported using 

assistance provided under section 121 or in an approved 

national service position. The total income of the participant shall be determined as of the date the participant 

was first selected to participate in such a program and 

shall include family total income unless the evaluating entity determines that the participant was independent at 

the time of selection. 

ø(D) ASSISTANCE FOR DISTRESSED AREAS.—The evaluating entity shall also determine the amount of assistance 

provided under section 121 during the period covered by 

the report that has been expended for projects conducted 

in areas of economic distress described in section 133(c)(6). 

ø(E) DEFINITIONS.—As used in this paragraph: 

ø(i) INDEPENDENT.—The term ‘‘independent’’ has the 

meaning given the term in section 480(d) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(d)). 

ø(ii) TOTAL INCOME.—The term ‘‘total income’’ has 

the meaning given the term in section 480(a) of the 

Higher Education Act of 1965 (20 U.S.C. 1087vv(a)).¿

ø(g)¿ (f) RECRUITMENT AND PUBLIC AWARENESS FUNCTIONS.—

(1) * * *

* * * * * * *

148

SEC. 195. EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL. 

(a) * * *

* * * * * * *

(c) CORPORATION REPRESENTATIVE IN EACH STATE.— (1) * * *

* * * * * * *

(3) øMEMBER¿ NON-VOTING MEMBER OF STATE COMMISSION.— The representative designated under this subsection for a 

State or group of States shall also serve as a non-voting member of the State Commission established in the State or States, 

as described in section 178(c)(3). 

* * * * * * *

(g) PERSONAL SERVICES CONTRACTS.—The Corporation may enter 

into personal services contracts to carry out research, evaluation, 

and public awareness related to the national service laws.

SEC. 196. ADMINISTRATION. 

(a) DONATIONS.— (1) SERVICES.— ø(A) VOLUNTEERS.—Notwithstanding section 1342 of 

title 31, United States Code, the Corporation may solicit 

and accept the voluntary services of individuals to assist 

the Corporation in carrying out the duties of the Corporation under the national service laws, and may provide to 

such individuals the travel expenses described in section 

192A(d).¿

(A) ORGANIZATIONS AND INDIVIDUALS.—Notwithstanding 

section 1342 of title 31, United States Code, the Corporation may solicit and accept the services of organizations 

and individuals (other than participants) to assist the Corporation in carrying out the duties of the Corporation 

under the national service laws, and may provide to such 

individuals the travel expenses described in section 192A(d) 

of this Act (42 U.S.C. 12651b(d)).

(B) LIMITATION.—øSuch a volunteer¿ An individual who 

provides services under this subtitle shall not be considered 

to be a Federal employee and shall not be subject to the 

provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, 

leave, unemployment compensation, and Federal employee 

benefits, except that— (i) for the purposes of the tort claims provisions of 

chapter 171 of title 28, United States Code, øa volunteer¿ an individual who provides services under this 

subtitle shall be considered to be a Federal employee; 

(ii) for the purposes of subchapter I of chapter 81 of 

title 5, United States Code, relating to compensation 

to Federal employees for work injuries, øvolunteers¿

individuals who provide services under this subtitle 

shall be considered to be employees, as defined in section 8101(1)(B) of title 5, United States Code, and the 

provisions of such subchapter shall apply; and 

(iii) for purposes of the provisions of chapter 11 of 

part I of title 18, United States Code, øsuch a volunVerDate May 23 2002 05:55 Jun 30, 2002 Jkt 099006 PO 00000 Frm 00148 Fmt 6659 Sfmt 6602 E:\HR\OC\HR521.XXX pfrm17 PsN: HR521
149

teer¿ an individual who provides such services (to 

whom such provisions would not otherwise apply except for this subsection) shall be a special Government 

employee. 

(C) INHERENTLY GOVERNMENTAL FUNCTION.— (i) IN GENERAL.—øSuch a volunteer¿ An individual 

who provides services to the Corporation shall not 

carry out an inherently governmental function. 

* * * * * * *

ø(3) VOLUNTEER.—As used in this subsection, the term ‘‘volunteer’’ does not include a participant.¿

* * * * * * *

Subtitle H—Investment for Quality and 

Innovation 

SEC. 198. ADDITIONAL CORPORATION ACTIVITIES TO SUPPORT NATIONAL SERVICE. 

(a) * * *

* * * * * * *

(e) øIMPROVE ABILITY TO APPLY FOR ASSISTANCE¿ TRAINING AND

TECHNICAL ASSISTANCE.—The Corporation shall provide training 

and technical assistance, where necessary, to individuals, programs, local labor organizations, State educational agencies, State 

Commissions, local educational agencies, local governments, community-based agencies, øand other entities to enable them to apply 

for funding under one of the national service laws, to conduct highquality programs, to evaluate such programs, and for other purposes.¿ and other entities, including those in underserved rural and 

urban areas, to enable them to apply for funding under one of the 

national service laws, to conduct high-quality programs, to evaluate 

such programs, to support efforts to improve the management of 

nonprofit organizations and community groups, and for other purposes.

* * * * * * *

(i) PROMOTION AND RECRUITMENT.—The Corporation may øconduct a campaign to¿ solicit funds for the National Service Trust 

and other programs and activities authorized under the national 

service laws and øto¿ may promote and recruit participants for programs that receive assistance under the national service laws. 

* * * * * * *

ø(q) NATIONAL YOUTH SERVICE DAY.—

ø(1) DESIGNATION.—April 19, 1994, and April 18, 1995, are 

each designated as ‘‘National Youth Service Day’’. The President is authorized and directed to issue a proclamation calling 

on the people of the United States to observe the day with appropriate ceremonies and activities. 

ø(2) FEDERAL ACTIVITIES.—In order to observe National 

Youth Service Day at the Federal level, the Corporation may 

organize and carry out appropriate ceremonies and activities. 

150

ø(3) ACTIVITIES.—The Corporation may make grants to public or private nonprofit organizations with demonstrated ability 

to carry out appropriate activities, in order to support such activities on National Youth Service Day.¿

ø(r)¿ (q) øASSISTANCE FOR HEAD START¿ AGREEMENTS WITH FOS- TER GRANDPARENT PROGRAMS.—The Corporation may make grants 

to, and enter into contracts and cooperative agreements with, public or nonprofit private agencies and organizations that receive 

grants or contracts under the Foster Grandparent Program (part B 

of title II of the Domestic Volunteer Service Act of 1973 (29 U.S.C. 

5011 et seq.)), for projects of the type described in section 211(a) 

of such Act (29 U.S.C. 5011) operating under memoranda of agreement with the Corporation, for the purpose of increasing the number of low-income individuals who provide services under such program to children who participate in Head Start programs under 

the Head Start Act (42 U.S.C 9831 et seq). 

ø(s)¿ (r) MARTIN LUTHER KING, JR., SERVICE DAY.— (1) * * *

* * * * * * *

(s) CHIEF EXECUTIVE OFFICER DISCRETIONARY GRANTS.—

(1) AUTHORITY.—The Chief Executive Officer is authorized to 

make grants, consistent with policies and procedures established by the Board of Directors, including grants made on the 

basis of an unsolicited application, to any entity eligible for assistance under the national service laws to support greater engagement of citizens in service and volunteerism. 

(2) MATCHING FUNDS.—The Chief Executive Officer shall require recipients of grants under this subsection to provide 

matching funds from non-Federal sources. 

(3) REPORT.—The Chief Executive Officer shall report to Congress on an annual basis on any grants made under this subsection. 

(t) VOLUNTEER SERVICE TECHNOLOGY PROGRAM.—The Corporation may provide grants for Volunteer Service Technology Programs

to assist Internet volunteer recruiting entities to locate, promote, and 

match volunteers with local service and volunteer organizations. 

The Chief Executive Officer shall require recipients of grants under 

this subsection to provide matching funds from non-Federal sources.

* * * * * * *

øSEC. 198D. SPECIAL DEMONSTRATION PROJECT. 

ø(a) SPECIAL DEMONSTRATION PROJECT FOR THE YUKONKUSKOKWIM DELTA OF ALASKA.—The President may award grants 

to, and enter into contracts with, organizations to carry out programs that address significant human needs in the YukonKuskokwim delta region of Alaska. 

ø(b) APPLICATION.—

ø(1) GENERAL REQUIREMENTS.—To be eligible to receive a 

grant or enter into a contract under subsection (a) with respect 

to a program, an organization shall submit an application to 

the President at such time, in such manner, and containing 

such information as the President may require. 

ø(2) CONTENTS.—The application submitted by the organization shall, at a minimum—

151

ø(A) include information describing the manner in which 

the program will utilize VISTA volunteers, individuals who 

have served in the Peace Corps, and other qualified persons, in partnership with the local nonprofit organizations 

known as the Yukon-Kuskokwim Health Corporation and 

the Alaska Village Council Presidents; 

ø(B) take into consideration— ø(i) the primarily noncash economy of the region; 

and 

ø(ii) the needs and desires of residents of the local 

communities in the region; and 

ø(C) include specific strategies, developed in cooperation 

with the Yupi’k speaking population that resides in such 

communities, for comprehensive and intensive community 

development for communities in the Yukon-Kuskokwim 

delta region.¿

* * * * * * *

Subtitle J—Senior Service Scholarships 

SEC. 199N. AUTHORITY TO PROVIDE ASSISTANCE AND SENIOR SERVICE SCHOLARSHIPS. 

(a) PROVISION OF ASSISTANCE.—Subject to the availability of appropriations for this purpose, the Corporation may make grants to 

eligible entities under subsection (b) for the purpose of assisting the 

recipients of the grants in carrying out or sponsoring mentoring, tutoring, and other programs described in section 199P. 

(b) ELIGIBLE APPLICANTS.—States, Indian tribes, other public 

agencies, and nonprofit organizations are eligible to apply for 

grants under this subtitle. 

(c) PROVISION OF SENIOR SERVICE SCHOLARSHIPS.—The Corporation may approve the provision of senior service scholarships described in section 199T for volunteers who meet the requirements in 

section 199S by serving—

(1) in programs supported by assistance under subsection (a); 

or 

(2) in other programs consistent with the provisions of section 

199P, as determined by the Corporation in consultation with a 

State or other recipient. 

SEC. 199O. PROGRAMS ELIGIBLE FOR ASSISTANCE. 

(a) TUTORING AND MENTORING ACTIVITIES.—Grants provided 

under this subtitle may support the service of seniors in mentoring 

and tutoring, either directly or indirectly (through activities such as 

family literacy programs), individuals up to 17 years of age. Tutoring programs in reading for children pre–K through grade 6 supported under this subtitle must be research-based. 

(b) OTHER ACTIVITIES.—Grants provided under this subtitle may 

also support the service of seniors to meet a wide variety of community needs, as set forth in the purposes of this Act. 

SEC. 199P. GRANTS. 

(a) AMOUNT.—After approving an application under this subtitle, 

the Corporation may provide up to $600 per senior volunteer supported under this subtitle. 

152

(b) GRANT PERIOD.—Grants provided under this subtitle may 

cover a period of not more than 3 years, but may be renewed by the 

Corporation for successive periods. 

(c) USE OF FUNDS.—Grants provided under this subtitle may be 

used to pay reasonable costs attributable to the development or operation of volunteer programs, consistent with the application approved by the Corporation, including—

(1) reimbursing direct volunteer costs, such as transportation, 

meals, and other items incidental to performing service; 

(2) recruitment and training of volunteers; 

(3) insurance; and 

(4) management of volunteers. 

(d) RESTRICTION.—A senior volunteer supported under this subtitle may not receive an amount greater than the amounts for allowances, stipends, and other support to senior volunteers as determined by the Corporation under title II of the Domestic Volunteer 

Service Act of 1973 (42 U.S.C. 5000 et seq.). 

SEC. 199Q. FUNDS FOR SENIOR SERVICE SCHOLARSHIPS. 

(a) IN GENERAL.—Funds for senior service scholarships may include—

(1) appropriations authorized under section 501(a); 

(2) gifts specifically intended for senior service scholarships 

received by the Corporation under section 196(a)(2); and 

(3) interest that accrues on the funds received by the Corporation under paragraphs (1) and (2). 

(b) NATIONAL SERVICE TRUST.—Funds received by the Corporation under subsection (a) shall be deposited into the National Service Trust established under section 145(a). 

(c) INVESTMENT OF FUNDS.—The Corporation shall ensure that 

funds for senior service scholarships are invested in accordance with 

section 145(b). 

(d) TREATMENT OF FUNDS.—The Corporation shall—

(1) use funds received under subsection (a) only for senior 

service scholarships; and 

(2) account for funds received under subsection (a) separately 

from other funds in the National Service Trust. 

(e) EXPENDITURES FROM NATIONAL SERVICE TRUST.—Funds received under subsection (a) shall be available to provide a senior 

service scholarship to a senior volunteer eligible under section 199S 

in an amount as provided in section 199T. 

(f) DISBURSEMENT.—Within 30 days of receiving a request from 

the recipient that meets requirements to be set by the Corporation, 

the Corporation shall disburse the senior service scholarship to the 

recipient as authorized under subtitle D. 

SEC. 199R. ELIGIBILITY TO RECEIVE A SENIOR SERVICE SCHOLARSHIP. 

To be eligible to receive a senior service scholarship, an individual 

must—

(1) successfully complete 500 hours of service in not more 

than 1 year in a mentoring, tutoring, or other program approved by the Corporation; and 

(2) be 55 years of age or older at the time the individual begins the period of 500 hours of service. 

153

SEC. 199S. AMOUNT OF SENIOR SERVICE SCHOLARSHIP. 

(a) IN GENERAL.—The amount of a senior service scholarship for 500 hours of service is $1,000. 

(b) PRORATED AMOUNT.—If an individual serves at least 250 

hours but is unable to complete 500 hours in a 1-year period for 

compelling personal circumstances as determined by the recipient 

organization, the amount of the senior service scholarship shall be 

proportional to the number of hours actually served. 

Subtitle K—America’s Promise: The 

Alliance for Youth 

SEC. 199AA. AUTHORITY TO PROVIDE ASSISTANCE. 

Subject to the availability of appropriations for this purpose, the 

Corporation may make grants to America’s Promise: The Alliance 

for Youth to support its activities relating to mobilizing communities to ensure that young people become productive, responsible 

adults. 

SEC. 199BB. ALLOWABLE COSTS. 

Grant funds may be used to pay costs attributable to the development or operation of programs consistent with a grant award approved by the Corporation under section 199AA. 

SEC. 199CC. CORPORATION’S CHIEF EXECUTIVE OFFICER AS EX OFFICIO MEMBER OF BOARD OF DIRECTORS. 

The Corporation’s Chief Executive Officer may serve as an ex officio nonvoting member of the Board of Directors of America’s Promise: The Alliance for Youth.

* * * * * * *

TITLE III—POINTS OF LIGHT 

FOUNDATION 

* * * * * * *

øSEC. 302. FINDINGS AND PURPOSES. 

ø(a) FINDINGS.—Congress finds that— ø(1) community service and service to others is an integral 

part of American tradition; 

ø(2) existing volunteers and volunteer programs should be 

praised for their efforts in helping and serving others; 

ø(3) the definition of a successful life includes service to others; 

ø(4) individuals should be encouraged to volunteer their time 

and energies in community service efforts; 

ø(5) if asked to volunteer or participate in community service, most Americans will do so; 

ø(6) institutions should be encouraged to volunteer their resources and energies and should encourage volunteer and community service among their members, employees, affiliates; 

and 

ø(7) volunteer and community service programs are intended 

to complement and not replace governmental responsibilities. 

ø(b) PURPOSE.—It is the purpose of this title—

154

ø(1) to encourage every American and every American institution to help solve our most critical social problems by volunteering their time, energies and services through community 

service projects and initiatives; 

ø(2) to identify successful and promising community service 

projects and initiatives, and to disseminate information concerning such projects and initiatives to other communities in 

order to promote their adoption nationwide; and 

ø(3) to discover and encourage new leaders and develop individuals and institutions that serve as strong examples of a 

commitment to serving others and to convince all Americans 

that a successful life includes serving others.¿

SEC. 302. PURPOSE. 

It is the purpose of this title— (1) to encourage every individual and every institution in the 

Nation to help solve critical social problems by volunteering 

time, energies, and services through community and volunteer 

service projects and initiatives; 

(2) to identify successful and promising community and volunteer service projects and initiatives, and to disseminate information, training, and technical assistance concerning such 

projects and initiatives to other communities in order to promote and sustain their adoption nationwide; 

(3) to discover and encourage new leaders and develop individuals and institutions that serve as strong examples of a commitment to serving others and to convince all people in the 

United States that a successful life includes serving others;

(4) to encourage and facilitate the development of new volunteer centers in designated localities; and 

(5) to strengthen the aggregate infrastructure of our Nation’s 

volunteer centers in order to maximize recruitment, management, and retention.

SEC. 303. AUTHORITY. 

(a) * * *

(b) CORPORATION’S CHIEF EXECUTIVE OFFICER AS EX OFFICIO

MEMBER OF BOARD OF DIRECTORS.—The Corporation’s Chief Executive Officer may serve as an ex officio nonvoting member of the 

Foundation’s Board of Directors.

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

either—

(1) * * *

* * * * * * *

SEC. 304. GRANTS TO THE FOUNDATION. 

(a) IN GENERAL.—Funds made available pursuant to sections 303 

and 501(b) shall be granted to the Foundation by øa department 

or agency in the executive branch of the United States Government 

designated by the President—¿ the Corporation—

(1) * * *

* * * * * * *

(c) ENDOWMENT.— (1) IN GENERAL.—Notwithstanding any other law, of the 

funds made available each fiscal year under sections 303 and 

501(b), up to 25 percent may be used to establish or support an 

155

endowment fund, the corpus of which shall remain intact and 

the interest income from which shall be used to support activities described in this title, provided that the Foundation may 

invest the corpus and income only in federally insured bank 

savings accounts or comparable interest-bearing accounts, certificates of deposit, money market funds, mutual funds, obligations of the United States, or other market instruments and securities, but not in real estate investments. 

(2) END OF OPERATIONS.—The Chief Executive Officer shall 

obtain from the Foundation complete and accurate records of 

Federal funds deposited in an endowment established in accordance with paragraph (1). The corpus of such an endowment 

shall revert to the Treasury if the Chief Executive Officer determines that— (A) the Foundation has ceased operations; or 

(B) the Foundation is no longer capable of carrying out 

the activities described in section 302. 

(d) GRANTS TO SUPPORT COMMUNITY-BASED VOLUNTEER CEN- TERS.—From funds made available under section 303 and 501(b), 

the Foundation may make grants to— (1) community-based organizations for the purpose of facilitating the development of volunteer centers; and 

(2) community-based volunteer centers to support their ability 

to recruit, manage, and retain volunteers.

* * * * * * *

TITLE V—AUTHORIZATION OF 

APPROPRIATIONS 

øSEC. 501. AUTHORIZATION OF APPROPRIATIONS. 

ø(a) TITLE I.— ø(1) SUBTITLE B.—

ø(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 

1996. 

ø(B) PROGRAMS.—Of the amount appropriated under 

subparagraph (A) for a fiscal year—

ø(i) not more than 63.75 percent shall be available 

to provide financial assistance under subpart A of part 

I of subtitle B of title I; 

ø(ii) not more than 11.25 percent shall be available 

to provide financial assistance under subpart B of part 

I of such subtitle; and 

ø(iii) not more than 25 percent shall be available to 

provide financial assistance under part II of such subtitle. 

ø(2) SUBTITLES C, D, AND H.—

ø(A) IN GENERAL.—There are authorized to be appropriated to provide financial assistance under subtitles C 

and H of title I, to provide national service educational 

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

156

audits and evaluations as the Chief Executive Officer or 

the Inspector General of the Corporation may determine to 

be necessary, $300,000,000 for fiscal year 1994, 

$500,000,000 for fiscal year 1995, and $700,000,000 for fiscal year 1996. 

ø(B) PROGRAMS.—Of the amount appropriated under 

subparagraph (A) for a fiscal year, up to 15 percent shall 

be made available to provide financial assistance under 

section 125, under subsections (b) and (c) of section 126, 

and under subtitle H of title I. 

ø(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 the fiscal years 1995 

through 1996. 

ø(4) ADMINISTRATION.—

ø(A) IN GENERAL.—There are authorized to be appropriated for the administration of this Act $40,000,000 for 

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

$70,000,000 for fiscal year 1996. 

ø(B) CORPORATION.—Of the amounts appropriated under 

subparagraph (A) for a fiscal year—

ø(i) up to 60 percent shall be made available to the 

Corporation for the administration of this Act; and 

ø(ii) the remainder shall be available to provide financial assistance under section 126(a).

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

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

1996. 

ø(c) AVAILABILITY OF APPROPRIATIONS.—Funds appropriated 

under this section shall remain available until expended. 

ø(d) SPECIFICATION OF BUDGET FUNCTION.—The authorizations of 

appropriations contained in this section shall be considered to be 

a component of budget function 500 as used by the Office of Management and Budget to cover education, training, employment, and 

social services, and, as such, shall be considered to be related to the 

programs of the Departments of Labor, Health and Human Services, and Education for budgetary purposes.¿

SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 

(a) TITLE I.—

(1) SUBTITLE B.—

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

title I, $55,000,000 for fiscal year 2003, $58,000,000 for fiscal year 2004, $61,000,000 for fiscal year 2005, $65,000,000 

for fiscal year 2006, and such sums as may be necessary for 

fiscal year 2007. 

(B) PROGRAMS.—Of the amount appropriated under subparagraph (A) for a fiscal year—

(i) not more than 50 percent shall be available to 

provide financial assistance under part I of subtitle B 

of title I; 

(ii) not more than 25 percent shall be available to 

provide financial assistance under part II of such subtitle; and 

157

(iii) not less than 25 percent shall be available to 

provide financial assistance under part III of such subtitle. 

(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 administer the National Service Trust 

and disburse national service educational awards and 

scholarships 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, $415,000,000 for fiscal year 2003, and such 

sums as may be necessary for fiscal years 2004 through 

2007. 

(B) PROGRAMS.—Of the amount appropriated under subparagraph (A) for a fiscal year, up to 15 percent shall be 

made available to provide financial assistance under section 125, under subsections (b) and (c) of section 126, and 

under subtitle H of title I. 

(C) SUBTITLE C.—Of the amount appropriated under subparagraph (A) for fiscal year 2003, not more than 

$315,000,000 shall be made available to provide financial 

assistance under section 121 of subtitle C of title I. 

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

operate the Civilian Community Corps and provide financial 

assistance under subtitle E of title I, $30,000,000 for fiscal year 

2003 and such sums as may be necessary for each of the fiscal 

years 2004 through 2007. 

(4) SUBTITLE J (SENIOR SERVICE SCHOLARSHIPS PROGRAM).—

There are authorized to be appropriated to provide financial assistance under subtitle J of title I $12,000,000 for fiscal year 

2003 and such sums as may be necessary for each of fiscal 

years 2004 through 2007. 

(5) SUBTITLE K (AMERICA’S PROMISE).—There are authorized 

to be appropriated to provide financial assistance under subtitle 

K of title I $7,500,000 for fiscal year 2003 and such sums as 

may be necessary for each of fiscal years 2004 through 2007. 

(6) ADMINISTRATION.—

(A) IN GENERAL.—There are authorized to be appropriated for the administration of this Act, including financial assistance under section 126(a), $34,000,000 for fiscal 

year 2003 and such sums as may be necessary for each of 

fiscal years 2004 through 2007. 

(B) CORPORATION.—Of the amounts appropriated under 

subparagraph (A) for a fiscal year—

(i) up to 60 percent shall be made available to the 

Corporation for the administration of this Act; and 

(ii) the remainder shall be available to provide financial assistance under section 126(a). 

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

out title III $10,000,000 for fiscal year 2003 and such sums as may 

be necessary for each of fiscal years 2004 through 2007. 

158

(c) AVAILABILITY OF APPROPRIATIONS.—Funds appropriated under 

this section shall remain available until expended.

* * * * * * *

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Domestic Volunteer Service Act of 1973’’. 

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

øSec. 1. Short title; table of contents. 

øSec. 2. Volunteerism policy. 

øTITLE I—NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS 

øPART A—VOLUNTEERS IN SERVICE TO AMERICA

øSec. 101. Statement of purpose. 

øSec. 102. Authority to operate VISTA program. 

øSec. 103. Selection and assignment of volunteers.

øSec. 104. Terms and periods of service. 

øSec. 105. Support service. 

øSec. 106. Participation of beneficiaries. 

øSec. 107. Participation of younger and older persons. 

øSec. 108. Limitation. 

øSec. 109. VISTA Literacy Corps. 

øSec. 110. Applications for assistance. 

øPART B—UNIVERSITY YEAR FOR VISTA 

øSec. 111. Statement of purpose. 

øSec. 112. Authority to operate University Year for VISTA program. 

øSec. 113. Special conditions. 

øPART C—SPECIAL VOLUNTEER PROGRAMS

øSec. 121. Statement of purpose. 

øSec. 122. Authority to establish and operate special volunteer and demonstration 

programs. 

øSec. 123. Technical and financial assistance. 

øSec. 124. Literacy challenge grants. 

øTITLE II—NATIONAL SENIOR VOLUNTEER CORPS 

øSec. 200. Statement of purposes. 

øPART A—RETIRED AND SENIOR VOLUNTEER PROGRAM

øSec. 201. Grants and contracts for volunteer service projects. 

øPART B—FOSTER GRANDPARENT PROGRAM

øSec. 211. Grants and contracts for volunteer service projects. 

øPART C—SENIOR COMPANION PROGRAM

øSec. 213. Grants and contracts for volunteer service projects. 

øPART D—GENERAL PROVISIONS

øSec. 221. Promotion of National Senior Volunteer Corps. 

øSec. 222. Payments. 

øSec. 223. Minority group participation. 

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

Corps. 

øSec. 225. Programs of national significance. 

øSec. 226. Adjustments to Federal financial assistance. 

øSec. 227. Multiyear grants or contracts. 

øPART E—DEMONSTRATION PROGRAMS

øSec. 231. Authority of Director. 

159

øTITLE IV—ADMINISTRATION AND COORDINATION 

øSec. 403. Political activities. 

øSec. 404. Special limitations. 

øSec. 406. Labor standards. 

øSec. 408. Joint funding. 

øSec. 409. Prohibition of Federal control. 

øSec. 410. Coordination with other programs. 

øSec. 411. Prohibition. 

øSec. 412. Notice and hearing procedures for suspension and termination of financial assistance. 

øSec. 414. Distribution of benefits between rural and urban areas. 

øSec. 415. Application of Federal law. 

øSec. 416. Evaluation. 

øSec. 417. Nondiscrimination provisions. 

øSec. 418. Eligibility for other benefits. 

øSec. 419. Legal expenses. 

øSec. 421. Definitions. 

øSec. 422. Audit. 

øSec. 423. Reduction of paperwork. 

øSec. 424. Review of project renewals. 

øSec. 425. Protection against improper use. 

øSec. 426. Center for Research and Training. 

øTITLE V—AUTHORIZATION OF APPROPRIATIONS 

øSec. 501. National volunteer antipoverty programs. 

øSec. 502. National Senior Volunteer Corps. 

øSec. 504. Administration and coordination. 

øSec. 505. Availability of appropriations. 

øTITLE VI—AMENDMENTS TO OTHER LAWS AND REPEALERS 

øSec. 601. Supersedence of Reorganization Plan No. 1 of July 1, 1971. 

øSec. 602. Creditable service for civil service retirement. 

øSec. 603. Repeal of title VIII of the Economic Opportunity Act. 

øSec. 604. Repeal of title VI of the Older Americans Act.¿

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

Sec. 1. Short title; table of contents. 

Sec. 2. Volunteerism policy. 

TITLE I—NATIONAL VOLUNTEERS ANTIPOVERTY PROGRAM 

PART A—VOLUNTEERS IN SERVICE TO AMERICA

Sec. 101. Statement of purpose. 

Sec. 102. Authority to operate VISTA program. 

Sec. 103. Selection and assignment of volunteers. 

Sec. 104. Terms and periods of service. 

Sec. 105. Support service. 

Sec. 106. Participation of beneficiaries. 

Sec. 107. Participation of younger and older persons. 

Sec. 108. Limitation. 

Sec. 110. Applications for assistance. 

PART B—UNIVERSITY YEAR FOR VISTA 

Sec. 111. Statement of purpose. 

Sec. 112. Authority to operate University Year for VISTA program. 

Sec. 113. Special conditions. 

PART C—SPECIAL VOLUNTEERS PROGRAM

Sec. 121. Statement of purpose. 

Sec. 122. Authority to establish and operate special volunteer and demonstration 

programs. 

Sec. 123. Technical and financial assistance. 

TITLE II—NATIONAL SENIOR SERVICE CORPS 

Sec. 200. Statement of purposes. 

PART A—RETIRED AND SENIOR VOLUNTEER PROGRAM

Sec. 201. Grants and contracts for volunteer service projects. 

160

PART B—FOSTER GRANDPARENT PROGRAM

Sec. 211. Grants and contracts for volunteer service projects. 

PART C—SENIOR COMPANION PROGRAM

Sec. 213. Grants and contracts for volunteer service projects. 

PART D—GENERAL PROVISIONS

Sec. 221. Promotion of National Senior Volunteer Corps. 

Sec. 222. Payments. 

Sec. 223. Minority group participation. 

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

Sec. 225. Programs of national significance. 

Sec. 226. Adjustments to Federal financial assistance. 

Sec. 227. Multiyear grants or contracts.. 

Sec. 228. Participation regardless of income level. 

Sec. 229. Continuity of service. 

Sec. 229A. Training and research. 

PART E—DEMONSTRATION PROGRAMS

Sec. 231. Authority of Director. 

TITLE IV—ADMINISTRATION AND COORDINATION 

Sec. 403. Political activities. 

Sec. 404. Special limitations. 

Sec. 406. Labor standards. 

Sec. 408. Joint funding. 

Sec. 409. Prohibition of Federal control. 

Sec. 410. Coordination with other programs. 

Sec. 411. Prohibition. 

Sec. 414. Distribution of benefits between rural and urban areas. 

Sec. 415. Application of Federal law. 

Sec. 417. Nondiscrimination provisions. 

Sec. 418. Eligibility for other benefits. 

Sec. 419. Legal expenses. 

Sec. 421. Definitions. 

Sec. 422. Audit. 

Sec. 423. Reduction of paperwork. 

Sec. 424. Review of project renewals. 

Sec. 425. Protection against improper use. 

Sec. 426. Income verification. 

TITLE V—AUTHORIZATION OF APPROPRIATIONS 

Sec. 501. National volunteer antipoverty programs. 

Sec. 502. National Senior Service Corps. 

Sec. 504. Administration and coordination. 

Sec. 505. Availability of appropriations. 

TITLE VI—AMENDMENTS TO OTHER LAWS AND REPEALERS 

Sec. 601. Supersedence of Reorganization Plan No. 1 of July 1, 1971. 

Sec. 602. Creditable service for civil service retirement. 

Sec. 603. Repeal of title VIII of the Economic Opportunity Act. 

Sec. 604. Repeal of title VI of the Older Americans Act.

VOLUNTEERISM POLICY

SEC. 2. (a) * * *

(b) The purpose of this Act is to foster and expand voluntary citizen service in communities throughout the Nation in activities designed to help the poor, the disadvantaged, the vulnerable, and the 

elderly. In carrying out this purpose, the Corporation for National 

and Community Service shall utilize to the fullest extent the programs authorized under this Act, coordinate with other Federal, 

State, and ølocal agencies¿ local agencies, expand relationships 

with, and support for, the efforts of civic, community, and eduVerDate May 23 2002 05:55 Jun 30, 2002 Jkt 099006 PO 00000 Frm 00160 Fmt 6659 Sfmt 6602 E:\HR\OC\HR521.XXX pfrm17 PsN: HR521
161

cational organizations, and utilize the energy, innovative spirit, experience, and skills of all Americans. 

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 ølocal level, and to 

strengthen local agencies and organizations to carry out the purpose of this part.¿ local level, to support efforts by local agencies 

and organizations to achieve long-term sustainability of projects initiated or expanded under the VISTA program activities, and to 

strengthen local agencies and community organizations to carry out 

the purpose of this part, consistent with the provisions of section 187 

of the National and Community Service Act of 1990.

* * * * * * *

SELECTION AND ASSIGNMENT OF VOLUNTEERS

SEC. 103. (a) The Director, on the receipt of applications by public or nonprofit private organizations to receive volunteers under 

this part, may assign volunteers selected under subsection (b) to 

work in appropriate projects and programs sponsored by such organizations, including work—

(1) * * *

(2) in the care and rehabilitation of mentally ill, developmentally disabled, and other øhandicapped¿ disabled individuals, especially those with severe øhandicaps¿ disabilities; 

* * * * * * *

(b)(1) The Director shall establish ørecruitment and placement 

procedures¿ recruitment and placement procedures that involve 

sponsoring organizations and that offer opportunities for both local 

and national placement of volunteers for service under this part. 

* * * * * * *

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

in subsection (b)(2)(C)¿ personnel described in subsection (b)(2)(C) 

and sponsoring organizations, shall engage in public awareness 

and recruitment activities. Such activities may include—

162

(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; 

* * * * * * *

(3) The Director shall consult with the Director of the Peace 

Corps to coordinate the recruitment and public awareness activities 

carried out under øthis subsection¿ this subsection and related public awareness and recruitment activities under the national service 

laws with those of the Peace Corps and to develop joint procedures 

and activities for the recruitment of volunteers to serve under this 

part. 

* * * * * * *

(g) Volunteers under this part shall not be assigned to work in 

a program or project in any community unless the application for 

such program or project contains evidence of local support øand has 

been submitted to the Governor or other chief executive officer of 

the State concerned, and such Governor or other chief executive officer has not, within 45 days of the date of such submission, notified the Director in writing, supported by a statement of reasons, 

that such Governor or other chief executive officer disapproves such 

program or project. In the event of a timely request in writing, supported by a statement of reasons, by the Governor or other chief 

executive officer of the State concerned, the Director shall terminate a program or project or the assignment of a volunteer to a 

program or project not later than 30 days after the date such request is received by the Director, or at such later date as is agreed 

upon by the Director and such Governor or other chief executive officer.¿.

* * * * * * *

(i) The Director may enter into agreements under which public 

and private nonprofit organizations with sufficient financial capacity and size pay for all or a portion of the costs of supporting the 

service of volunteers under this title, consistent with the provisions 

of section 187 of the National and Community Service Act of 1990.

TERMS AND PERIODS OF SERVICE

SEC. 104. ø(a) Volunteers serving under this part shall be required to make a full-time personal commitment to combating poverty and poverty-related problems. To the maximum extent practicable, the requirement for full-time commitment shall include a 

commitment to live among and at the economic level of the people 

served, and to remain available for service without regard to regular working hours, at all times during their periods of service, except for authorized periods of leave.¿

(a)(1) Except as provided in paragraphs (2) through (4), volunteers serving under this part shall be required to make a full-time 

personal commitment to combating poverty and poverty-related 

problems. To the maximum extent practicable, the requirement for 

full-time commitment shall include a commitment to live among 

and at the economic level of the people served, and to remain available for service without regard to regular working hours, at all 

163

times during their periods of service, except for authorized periods 

of leave. 

(2) The requirements in paragraph (1) shall not apply to up to 25 

percent of volunteers enrolled in fiscal year 2003 and up to 50 percent of volunteers enrolled in fiscal year 2004. 

(3) Not later than September 30, 2004, the General Accounting 

Office shall submit a report to Congress on whether the changes 

provided in paragraph (2) have had a material and adverse effect 

on the ability of the VISTA program to combat poverty and povertyrelated problems, such as increased attrition rates among volunteers 

and difficulties in recruiting volunteers. 

(4) Unless the report described in paragraph (3) concludes that 

the changes provided in paragraph (2) have caused a material and 

adverse effect on the ability of the VISTA program to combat poverty and poverty-related problems, the requirements in paragraph 

(1) shall not apply to up to 75 percent of volunteers enrolled in fiscal 

year 2005 and up to 100 percent of volunteers enrolled in fiscal year 

2006 and thereafter.

(b)(1)***

(2) Volunteers serving under this part may be enrolled for periods of service of less than 1 year øif the Director determines, on 

an individual basis, that a period of service of less than 1 year is 

necessary to meet a critical scarce skill need.¿ if they are enrolled 

in a term of service of at least 1,700 hours for which the requirements of subsection (a)(1) do not apply.

* * * * * * *

(d) The Director shall establish a procedure, including notice and 

opportunity to be heard, for volunteers under this part to present 

and obtain resolution of grievances and to present their views in 

connection øwith the terms and conditions of their service.¿ with 

the terms and conditions of their service or any adverse action, including termination, proposed by the sponsoring organization. The 

procedure shall provide for an appeal to the Director of any proposed termination. The Director shall promptly provide to each volunteer in service on the date of enactment of this Act, and to each 

such volunteer beginning service thereafter, information regarding 

such procedure øand the terms and conditions of their service¿. 

* * * * * * *

øVISTA LITERACY CORPS

øSEC. 109. (a) As part of the Volunteers in Service to America 

program established under this part, the Director shall establish a 

VISTA Literacy Corps for the purpose of developing, strengthening, 

supplementing, and expanding efforts of both public and nonprofit 

organizations at the local, State, and Federal level to mobilize local, 

State, Federal, and private sector financial and volunteer resources 

to address the problem of illiteracy throughout the United States. 

ø(b) The Director shall assign volunteers to projects and programs that meet the antipoverty criteria of part A that provide assistance to functionally illiterate and illiterate individuals who are 

unserved or underserved by literacy education programs, with special emphasis upon disadvantaged individuals having the highest 

risk of illiteracy, and individuals with the lowest reading and educational level of competence. 

164

ø(c)(1) The Director shall assign volunteers under this subsection 

to projects and programs that utilize volunteers to address the 

needs of illiterate individuals. 

ø(2) Programs and projects under this subsection may be administered by public or private nonprofit agencies and organizations including local, State, and national literacy councils and organizations; community-based nonprofit organizations; local and State 

education agencies; local and State agencies administering adult 

basic education programs; educational institutions; libraries; antipoverty organizations; local, municipal, and State governmental entities, and eligible providers of employment and training activities 

under subtitle B of title I of the Workforce Investment Act of 1998. 

ø(3) In the assignment of volunteers under this subsection the 

Director shall give priority consideration to— ø(A) programs and projects that assist illiterate individuals 

in greatest need of assistance residing in unserved or underserved areas with the highest concentrations of illiteracy and 

of low income individuals and families; 

ø(B) projects and programs serving individuals reading at 

the zero to fourth grade levels; 

ø(C) projects and programs focusing on providing literacy 

services to high risk populations; 

ø(D) projects and programs operating in areas with the highest concentration of individuals and families living at or below 

the poverty level; 

ø(E) projects and programs providing literacy services to parents of disadvantaged children between the ages of two and 

eight, who may be educationally at risk; and 

ø(F) Statewide programs and projects that encourage the creation of new literacy efforts, encourage the coordination of 

intrastate literacy efforts and provide technical assistance to 

local literacy efforts. 

ø(d)(1) The Director shall assign volunteers under this subsection 

to projects and programs that primarily utilize volunteers to tutor 

illiterate individuals. 

ø(2) Programs and projects under this subsection may be administered by local public or private nonprofit agencies and organizations including local literacy councils and organizations, community-based nonprofit organizations, local educational agencies, local 

agencies administering adult basic education programs, local educational institutions, libraries, antipoverty organizations, local and 

municipal governmental entities, and eligible providers of employment and training activities under subtitle B of title I of the Workforce Investment Act of 1998. 

ø(3) In the assignment of volunteers under this subsection the 

Director shall give priority consideration to local programs and 

projects that assist illiterate individuals in greatest need of assistance residing in unserved or underserved areas with the highest 

concentrations of illiteracy and of low income individuals and families. 

ø(e) The Director shall ensure an equitable distribution of volunteers under this section in accordance with the equitable distribution requirement of section 414 of this Act. 

ø(f) The VISTA Literacy Corps shall consist of all volunteers 

serving under part A working on literacy projects and programs. 

165

ø(g) In any fiscal year in which the services provided under part 

A are reduced, the services provided under this section shall be 

proportionately reduced. 

ø(h)(1) Subject to paragraph (2), with respect to any individual 

providing volunteer services in the program under this section regarding literacy, the Director may, with the written consent of the 

individual, assign the individual to serve in the general program 

under this part regarding literacy. 

ø(2) To the extent practicable and without undue delay, the Director shall ensure that a volunteer under this section is assigned 

to the vacancy created within the relevant literacy project or program established under this section.¿

* * * * * * *

PART B—UNIVERSITY YEAR FOR VISTA 

STATEMENT OF PURPOSE

SEC. 111. (a)***

(b) This part provides for the University Year for VISTA (UYV) 

program of full-time volunteer service by students enrolled in institutions of higher education. The purpose of the UYV program is to 

strengthen and supplement efforts to eliminate poverty and poverty-related human, social, and environmental problems by enabling students at cooperating institutions to perform meaningful 

and constructive volunteer service in connection with the satisfaction of course-work while attending such institutions. Volunteer 

service under this part is conducted in øagencies, institutions, and 

situations¿ agencies and institutions, including civic, community, 

and educational organizations, 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 selfadvancement by individuals experiencing such problems. 

* * * * * * *

PART C—SPECIAL VOLUNTEER PROGRAMS

STATEMENT OF PURPOSE

SEC. 121. This part provides for special emphasis and demonstration volunteer programs, together with appropriate powers and responsibilities designed to assist in the development and coordination of such programs. The purpose of this part is to strengthen 

and supplement efforts to meet a broad range of needs, particularly 

those related to poverty, by encouraging and enabling persons from 

all walks of life and from all age groups to perform meaningful and 

constructive volunteer service in øagencies, institutions, and situations¿ agencies and institutions, including civic, community, and 

educational organizations where the application of human talent 

and dedication may help to meet such needs. It is the further purpose of this part to provide technical and financial assistance to encourage voluntary organizations and volunteer efforts at the national, State, and local level. 

* * * * * * *

166

øLITERACY CHALLENGE GRANTS

øSEC. 124. (a) The Director is authorized to award challenge 

grants to eligible public agencies and private organizations to pay 

the Federal share of the costs of establishing, operating or expanding community or employee literacy programs or projects that include the use of full-time or part-time volunteers as one method of 

addressing illiteracy. 

ø(b) Each eligible organization desiring a grant under this section shall submit to the Corporation an application in such form 

and accompanied by such information as the Director may reasonably require. Each such application shall—

ø(1) describe the activities for which assistance is sought, 

ø(2) contain assurances that the eligible organization will 

provide from non-Federal sources the non-Federal share of the 

cost of the program or project, 

ø(3) provide assurances, satisfactory to the Director, that the 

literacy project will be operated in cooperation with other public and private agencies and organizations interested in, and 

qualified to, combat illiteracy in the community where the 

project is to be conducted, and 

ø(4) contain such other information and assurances as the 

Director may reasonably require. 

ø(c)(1)(A) The Federal share of the cost of a program or project 

authorized by this section administered by a public agency, a nonprofit organization other than an organization described in paragraph (2), or a private, for-profit organization shall not exceed—

ø(i) 80 percent in the first fiscal year; 

ø(ii) 70 percent in the second fiscal year; and 

ø(iii) 60 percent in the third fiscal year. 

ø(B) The non-Federal share paid by a private, for-profit organization shall be in cash. 

ø(2) The Federal share of the cost of a program or project administered by a nonprofit or community-based organization shall not 

exceed—

ø(A) 90 percent in the first fiscal year; 

ø(B) 80 percent in the second fiscal year; and 

ø(C) 70 percent in the third fiscal year. 

ø(3) The non-Federal share provided by a public agency or a nonprofit or community-based organization may be provided in cash, or 

in kind, fairly evaluated, and may include the use of plant, equipment, and services.¿

TITLE II—øNATIONAL SENIOR VOLUNTEER CORPS¿

NATIONAL SENIOR SERVICE CORPS

øSTATEMENT OF PURPOSES

øSEC. 200. It is the purpose of—

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

comprised of the Retired and Senior Volunteer Program, the 

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; 

167

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 grandparent 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.¿

SEC. 200. STATEMENT OF PURPOSE. 

It is the purpose of this title to provide—

(1) opportunities for senior service to meet unmet local, State, 

and national needs in the areas of education, public safety, 

health and human needs, and the environment; 

(2) for the National Senior Service Corps, comprised of the 

Retired and Senior Volunteer Program, the Foster Grandparent 

Program, and the Senior Companion Program, and demonstration and other programs to empower older individuals to contribute to their communities through service, enhance the lives 

of those who serve and those whom they serve, and provide communities with valuable services; 

(3) opportunities for people 55 years of age or older, through 

the Retired and Senior Volunteer Program, to share their experiences, abilities, and skills for the betterment of their communities and themselves; 

(4) opportunities for people 55 years of age or older, through 

the Foster Grandparents Program, to have a positive impact on 

the lives of children in need; 

(5) opportunities for people 55 years of age or older, through 

the Senior Companion Program, to provide critical support 

services and companionship to adults at risk of institutionalization and who are struggling to maintain a dignified independent life; and 

(6) for research, training, demonstration, and other program 

activities to increase and improve opportunities for seniors to 

meet unmet needs, including those related to emergency preparedness, public safety, public health, and disaster relief, in 

their communities.

PART A—RETIRED AND SENIOR VOLUNTEER PROGRAM

GRANTS AND CONTRACTS FOR VOLUNTEER SERVICE PROJECTS

SEC. 201. (a) In order to help retired individuals and working 

older individuals to øavail themselves of opportunities for volunteer 

service in their community¿ share their experiences, abilities, and 

skills for the betterment of their communities and themselves, the 

Director is authorized to make grants to State agencies (established or designated pursuant to section 305(a)(1) of the Older 

Americans Act of 1965, as amended (42 U.S.C. 3025(a)(1))) or 

grants to or contracts with other public and nonprofit private agencies and organizations to pay part or all of the costs for the develVerDate May 23 2002 05:55 Jun 30, 2002 Jkt 099006 PO 00000 Frm 00167 Fmt 6659 Sfmt 6602 E:\HR\OC\HR521.XXX pfrm17 PsN: HR521
168

opment or operation, or both, of volunteer service projects under 

this section, if the Director determines, in accordance with regulations the Director shall prescribe, that—

(1) * * *

(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 

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; 

* * * * * * *

ø(c) The Director shall not award any grant or contract under 

this part for a project in any State to any agency or organization 

unless, if such State has a State agency established or designated 

pursuant to section 305(a)(1) of the Older Americans Act of 1965, 

as amended (42 U.S.C. 3025(a)(1)), such agency itself is the recipient of the award or such agency has been afforded at least fortyfive days in which to review the project application and make recommendations thereon.¿

ø(d)¿ (c) Notwithstanding any other provision of law, volunteer 

service under this part shall not be deemed employment for any 

purpose which the Director finds is not fully consistent with the 

provisions and in furtherance of the purpose of this part. 

PART B—FOSTER GRANDPARENT PROGRAM

GRANTS AND CONTRACTS FOR VOLUNTEER SERVICE PROJECTS

SEC. 211. (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 

ølow-income persons aged sixty or over¿ low-income and other persons aged 55 or over 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 

per centum of the costs of the development and operation of such 

169

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. 

(b)(1) Any public or private nonprofit agency or organization responsible for providing person-to-person services to a child in a 

project carried out under subsection (a) of this section øshall have 

the exclusive authority to determine, pursuant to the provisions of 

paragraph (2) of this subsection—¿ may determine— (A) which children may receive supportive person-to-person 

services under such project; øand¿

(B) the period of time during which such services shall be 

continued in the case of each individual childø.¿; and

(C) whether it is in the best interests of a child receiving, and 

of a particular foster grandparent providing, services in such a 

project, to continue such relationship after the child reaches the 

age of 21, if such child was receiving such services prior to attaining the age of 21.

ø(2) In the event that such an agency or organization determines 

that it is in the best interests of a mentally retarded child receiving, and of a particular foster grandparent providing, services in 

such a project, such relationship may be continued after the child 

reaches the chronological age of 21: Provided, That such child was 

receiving such services prior to attaining the chronological age of 

21. If the particular foster grandparent subject to the determination under this paragraph becomes unavailable to serve after such 

determination is made, the agency or organization may select another foster grandparent.¿

ø(3)¿ (2) Any determination made by a public or nonprofit private agency or organization under øparagraphs (1) and (2)¿ paragraph (1) of this subsection shall be made through mutual agreement by all parties involved with respect to the provision of services to the child involved. 

(3) If an assignment of a foster grandparent is suspended or discontinued, the replacement of that foster grandparent shall be determined through the mutual agreement of all parties involved in the 

provision of services to the child.

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

shall prescribe, may provide to ølow-income persons serving as volunteers under this part, such allowances, stipends, and other support¿ low-income persons and persons eligible under subsection (h) 

serving as volunteers under this part, such allowances or stipends

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, to account 

for inflation, as determined by the Director and rounded to the 

170

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 non-federally funded volunteer programs similar 

to the programs under this title to maintain their current level of 

volunteer hours.¿ Any stipend or allowance provided under this 

part shall not exceed 75 percent of the minimum wage under the 

Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), with the 

Federal share not to exceed $2.65 per hour, provided that the Director shall adjust the Federal share once prior to December 31, 2007, 

to account for inflation.

(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¿ 200 per 

centum 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 

* * * * * * *

ø(f)(1)(A) Except as provided in subparagraphs (B) and (C), individuals who are not low-income persons may serve as volunteers 

under this part, in accordance with such regulations as the Director shall issue, if such individuals serve without receiving any allowance, stipend, or other financial support under this part except 

reimbursement for transportation, meals, and out-of-pocket expenses incident to serving under this part. 

ø(B) The regulations issued by the Director to carry out this part 

(other than any regulations relating to allowances, stipends, and 

other financial support authorized by subsection (d) to be paid 

under this part to low-income persons) shall apply to all volunteers 

under this part, without regard to whether such volunteers are eligible to receive a stipend under subsection (d). 

ø(C) Individuals who are not low-income persons may not serve 

as volunteers under this part in any community in which there are 

volunteers serving under part A of this title unless such individuals 

have been referred previously for possible placement as volunteers 

under part A and such placement did not occur. 

ø(2)(A) Except as provided in subparagraph (B), each recipient of 

a grant or contract to carry out a project under this part shall give 

equal treatment to all volunteers who participate in such project, 

171

without regard to whether such volunteers are eligible to receive a 

stipend under subsection (d). 

ø(B) An individual who is not a low-income person may not become a volunteer under this part if allowing such individual to become a volunteer under this part would prevent a low-income individual from becoming a volunteer under this part or would displace 

a low-income person from being such a volunteer.

ø(3) The Director may not take into consideration or require as 

a condition of receiving a grant or contract to carry out a project 

under this part, any applicant for such grant or contract— ø(A) to accept or recruit individuals who are not low-income 

persons to serve as volunteers under this part; or 

ø(B) to solicit locally generated contributions, in cash or in 

kind, to support such individuals. 

The Director may not coerce any applicant for, or recipient of, such 

grant or contract to engage in conduct described in subparagraph 

(A) or (B). 

ø(4) Funds appropriated to carry out this part may not be used 

to pay any cost, including any administrative cost, incurred in connection with volunteers under this part who do not receive a stipend under subsection (d). Such cost incurred with respect to a volunteer may be paid with— ø(A) funds received by the Director as unrestricted gifts; 

ø(B) funds received by the Director as gifts to pay such cost; 

ø(C) funds contributed by such volunteer; or 

ø(D) locally generated contributions in excess of the amount 

required to be contributed under subsection (a), in the discretion of the recipient of a grant or contract under such subsection.¿

(f)(1) Subject to the restrictions in paragraph (3), individuals who 

are not low-income persons may serve as volunteers under this part. 

The regulations issued by the Director to carry out this part (other 

than regulations relating to stipends or allowances to individuals 

authorized by subsections (d) and (h)) shall apply to all volunteers 

under this part, without regard to whether such volunteers are eligible to receive a stipend or allowance under subsection (d) or (h). 

(2) Except as provided under paragraph (1), each recipient of a 

grant or contract to carry out a project under this part shall give 

equal treatment to all volunteers who participate in such project, 

without regard to whether such volunteers are eligible to receive a 

stipend or allowance under subsection (d) or (h). 

(3) An individual who is not a low-income person may not become 

a volunteer under this part if allowing that individual to become a 

volunteer under this part would prevent a low-income person from 

becoming a volunteer under this part or would displace a low-income person from being a volunteer under this part. 

(g) The Director may also provide a stipend or allowance in an 

amount not to exceed 10 percent more than the amount established 

under subsection (d) to leaders who, on the basis of past experience 

as volunteers, special skills, and demonstrated leadership abilities, 

may coordinate activities, including training, and otherwise support 

the service of volunteers under this part. 

(h) The Director may provide payments under subsection (d) for 

up to 15 percent of volunteers serving in a project under this part 

for a fiscal year who do not meet the definition of ‘‘low-income’’

172

under subsection (e), upon certification by the recipient of a grant 

or contract that it is unable to effectively recruit and place low-income volunteers in the number of placements approved for the 

project.

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 ølow-income 

persons aged 60 or over¿ low-income and other persons aged 55 or 

over 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. 

(b) øSubsections (d), (e), and (f)¿ Subsections (d) through (h) of 

section 211, and such other provisions of part B as the Director determines to be necessary, shall apply to this part, except that for 

purposes of this part any reference in such subsections and such 

provisions to part B shall be deemed to be a reference to this part. 

(c)(1)***

(2)(A)***

ø(B) Senior companion volunteer trainers recruited under subparagraph (A) of this paragraph shall not be paid stipends.¿

(B) Senior companion volunteer trainers and leaders may receive 

a stipend or allowance consistent with subsection (g) authorized 

under subsection (d) of section 211, as approved by the Director.

* * * * * * *

PART D—GENERAL PROVISIONS

* * * * * * *

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¿ 55 years and older from minority 

groups to serve as volunteers under this title. 

USE OF LOCALLY GENERATED CONTRIBUTIONS IN NATIONAL SENIOR

øVOLUNTEER¿ SERVICE CORPS

SEC. 224. Whenever locally generated contributions made to National Senior Volunteer 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 expendiVerDate May 23 2002 05:55 Jun 30, 2002 Jkt 099006 PO 00000 Frm 00172 Fmt 6659 Sfmt 6602 E:\HR\OC\HR521.XXX pfrm17 PsN: HR521
173

tures from locally generated contributions are not inconsistent with 

the provisions of this Act.

PROGRAMS OF NATIONAL SIGNIFICANCE

SEC. 225. (a)(1) øWith not less than one-third of the funds made 

available¿ With funds made available under subsection (d) in each 

fiscal year, the Director shall make grants under the programs authorized in parts A, B, and C to support programs that address national problems of local concern. 

* * * * * * *

(b) The Director shall make grants under subsection (a) to support one or more of the following programs to address problems 

that concern the Nation: 

(1) * * *

* * * * * * *

(19) Programs that strengthen community efforts in support 

of homeland security.

* * * * * * *

SEC. 228. PARTICIPATION REGARDLESS OF INCOME LEVEL. 

(a) GENERAL.—Participation in programs and activities under 

this title shall be open to seniors regardless of income level. 

(b) PARTICIPATION OF LOW-INCOME INDIVIDUALS ENCOURAGED.—

Notwithstanding subsection (a), the Corporation shall take appropriate steps, including conducting outreach at the national level and 

requiring measures at the local level, to ensure the inclusion of lowincome persons in programs and activities authorized under this 

title. 

SEC. 229. CONTINUITY OF SERVICE. 

To ensure the continued service of individuals in communities 

served by Retired and Senior Volunteer programs, Foster Grandparent programs, and Senior Companion programs prior to enactment of this section, in making grants under this title the Corporation shall take actions it considers necessary to maintain service assignments for such seniors and to ensure continuity of service for 

communities. 

SEC. 229A. TRAINING AND RESEARCH. 

From funds appropriated each fiscal year to carry out subtitle II, 

the Corporation may reserve up to $10,000,000 to support research 

and training designed to improve the effectiveness of programs supported under subtitle II.

* * * * * * *

TITLE IV—ADMINISTRATION AND COORDINATION 

* * * * * * *

SPECIAL LIMITATIONS

SEC. 404. (a) The Director shall prescribe regulations and shall 

carry out the provisions of this Act so as to assure that the service 

of volunteers assigned, referred, or serving pursuant to grants, contracts, or agreements made under this Act is limited to activities 

which would not otherwise be performed by employed workers and 

174

which will not supplant the hiring of or result in the ødisplacement 

of employed workers¿ displacement of employed workers or volunteers (other than participants under the national service laws), or 

impair existing contracts for service. 

* * * * * * *

øNOTICE AND HEARING PROCEDURES FOR SUSPENSION AND

TERMINATION OF FINANCIAL ASSISTANCE

øSEC. 412. (a) The Director is authorized, in accordance with the 

provisions of this section, to suspend further payments or to terminate payments under any contract or grant providing assistance 

under this Act, whenever the Director determines there is a material failure to comply with the applicable terms and conditions of 

any such grant or contract. The Director shall prescribe procedures 

to insure that— ø(1) assistance under this Act shall not be suspended for failure to comply with applicable terms and conditions, except in 

emergency situations for thirty days; 

ø(2) an application for refunding under this Act may not be 

denied unless the recipient has been given (A) notice at least 

75 days before the denial of such application of the possibility 

of such denial and the grounds for any such denial, and (B) opportunity to show cause why such action should not be taken; 

ø(3) in any case where an application for refunding is denied 

for failure to comply with the terms and conditions of the grant 

or contract award, the recipient shall be afforded an opportunity for an informal hearing before an impartial hearing officer, who has been agreed to by the recipient and the Agency; 

and 

ø(4) assistance under this Act shall not be terminated for 

failure to comply with applicable terms and conditions unless 

the recipient has been afforded reasonable notice and opportunity for a full and fair hearing. 

ø(b) In order to assure equal access to all recipients, such hearings or other meetings as may be necessary to fulfill the requirements of this section shall be held at locations convenient to the 

recipient agency.¿

* * * * * * *

øEVALUATION

øSEC. 416. (a) The Director shall measure and evaluate the impact of all programs authorized by this Act (including the VISTA 

Literacy Corps which shall be evaluated as a separate program at 

least once every 3 years), their effectiveness in achieving stated 

goals in general, and in relation to their cost, their impact on related programs, and their structure and mechanisms for delivery of 

services. Each program shall be evaluated at least once every three 

years. Evaluations shall be conducted by persons not immediately 

involved in the administration of the program or project evaluated. 

Such evaluation shall also measure and evaluate compliance with 

the equitable distribution requirement of section 414 of this Act.

ø(b) The Director shall develop and publish general standards for 

evaluation of program and project effectiveness in achieving the objectives of this Act. Reports submitted pursuant to section 407 shall 

175

describe the actions taken as a result of evaluations carried out 

under this section. 

ø(c) In carrying out evaluations under this title, the Director 

shall whenever possible, arrange to obtain the opinions of program 

and project participants about the strengths and weaknesses of 

such programs and projects. 

ø(d) The Director shall publish summaries of the results of evaluations of program and project impact and effectiveness no later 

than sixty days after the completion thereof. 

ø(e) The Director shall take the necessary action to assure that 

all studies, evaluations, proposals, and data produced or developed 

with Federal funds shall become the property of the United States. 

ø(f) Not later than December 31, 1988, the Director shall—

ø(1) evaluate the impact of Corporation programs carried out 

under title II that relate to services that assist families caring 

for frail and disabled adult family members and shall include 

in such evaluation information on—

ø(A) the range and extent of service needs of, and the 

services provided to, family caregivers assisted by volunteers; 

ø(B) the characteristics of volunteers and the skills, 

training, and supervision necessary to provide various 

types of volunteer assistance to family caregivers; 

ø(C) administrative costs, including recruitment, training, and supervision costs, associated with volunteer assistance to family caregivers; and 

ø(D) such other issues as may be relevant to provide 

services to assist family caregivers; 

ø(2) evaluate the impact that volunteers who participate in 

programs under parts B and C of title II without receiving a 

stipend have on such programs and shall include in such evaluation—

ø(A) information on administrative costs associated with 

such volunteers; 

ø(B) a comparison of the quality of services provided by 

such volunteers and the quality of services provided by volunteers who receive a stipend under such parts, including 

the rate of absenteeism and turnover; and 

ø(C) a review of the effect that participation by volunteers who do not receive such stipend have on the administration of such programs; and 

ø(3) submit 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 summarizing in detail 

the results of the evaluations made under paragraphs (1) and 

(2). 

ø(g) The Director is authorized to use such sums as are required, 

but not to exceed 1 per centum of the funds appropriated under 

this Act, to conduct program and project evaluations (directly, or by 

grants or contracts) as required by this Act. In the case of allotments from such an appropriation, the amount available for such 

allotments (and the amount deemed appropriate therefor) shall be 

reduced accordingly.¿

* * * * * * *

176

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 

øparts 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.

SEC. 426. INCOME VERIFICATION. 

Each organization that receives assistance under this Act may 

verify the income eligibility of volunteers based on a confidential 

declaration of income and with no requirements for verification.

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 Iø, 

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

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

1995 and 1996.¿ $90,000,000 for fiscal year 2003 and such 

sums as may be necessary for each of the fiscal years 2004 

through 2007.

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

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

years 1995 and 1996.¿

ø(3)¿ (2) SPECIAL VOLUNTEER PROGRAMS.—There are authorized to be appropriated to carry out part C of title Iø, excluding 

section 125, such sums as may be necessary for each of the fiscal years 1994 through 1996.¿ $5,000,000 for fiscal year 2003 

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

2004 through 2007.

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

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

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

ø(5)¿ (3) SPECIFICATION OF BUDGET FUNCTION.—The authorizations of appropriations contained in this subsection shall be 

considered to be a component of budget function 500 as used 

177

by the Office of Management and Budget to cover education, 

training, employment, and social services, and, as such, shall 

be considered to be related to the programs of the Departments 

of Labor, Health and Human Services, and Education for budgetary purposes. 

* * * * * * *

ø(e) VOLUNTEER SERVICE REQUIREMENT.—

ø(1) VOLUNTEER SERVICE YEARS.—Of the amounts appropriated under this section for parts A, B, and C of title I, including section 124, there shall first be available for part A of 

title I, including sections 104(e) and 109, an amount not less 

than the amount necessary to provide 3,700 volunteer service 

years in fiscal year 1994, 4,000 volunteer service years in fiscal 

year 1995, and 4,500 volunteer service years in fiscal year 

1996. 

ø(2) PLAN.—If the Director determines that funds appropriated to carry out part A, B, or C of title I are insufficient 

to provide for the years of volunteer service required by paragraph (1), the Director shall submit a plan to the relevant authorizing and appropriations committees of Congress that will 

detail what is necessary to fully meet this requirement.¿

øSEC. 502. NATIONAL SENIOR VOLUNTEER CORPS. 

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

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

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

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

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

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

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

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

ø(d) DEMONSTRATION PROGRAMS.—There are authorized to be appropriated to carry out part E of title II, such sums as may be necessary for each of the fiscal years 1994 through 1996. 

øSEC. 504. ADMINISTRATION AND COORDINATION. 

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

1996, 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 year. 

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

1996, 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. 502. NATIONAL SENIOR SERVICE CORPS. 

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

$58,884,000 for fiscal year 2003 and such sums as may be necessary 

for each of the fiscal years 2004 and 2007. 

178

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

appropriated to carry out part B of title II, $110,000,000 for fiscal 

year 2003 and such sums as may be necessary for each of the fiscal 

years 2004 and 2007. 

(c) SENIOR COMPANION PROGRAM.—There are authorized to be ap- propriated to carry out part C of title II, $46,563,000 for fiscal year 

2003 and such sums as may be necessary for each of the fiscal years 

2004 and 2007. 

(d) DEMONSTRATION PROGRAMS.—There are authorized to be ap- propriated to carry out part E of title II, $400,000 for fiscal year 

2003 and such sums as may be necessary for each of the fiscal years 

2004 through 2007. 

SEC. 504. ADMINISTRATION AND COORDINATION. 

There are authorized to be appropriated for the administration of 

this Act $33,568,000 for fiscal year 2003 and such sums as may be 

necessary for each of fiscal years 2004 through 2007.

* * * * * * *

(179)

ADDITIONAL VIEWS 

The events of September 11th catalyzed millions of Americans’

interest in serving their communities and their country. National 

nonprofits are seeing a surge in volunteerism and AmeriCorps applications have more than doubled. We endorse President George 

W. Bush’s call for legislation ‘‘to ensure the Federal Government 

does its part to support the commitment of Americans to our communities and our Nation.’’

President Bush proposed a $290 million increase for national and 

community service programs, including a expansion of the 

AmeriCorps program. President William J. Clinton championed the 

establishment of AmeriCorps in the National and Community Service Trust Act of 1993, which he signed into law on September 21, 

1993. This legislation helped provide Americans of all ages and 

backgrounds with opportunities to service their nation. Now, more 

than 2 million Americans serve their communities each year 

through these programs. 

We applaud the majority for joining us in supporting legislation 

to reauthorize AmeriCorps and expand service opportunities to all 

Americans, whether they are schoolchildren, young adults, or seniors. We are optimistic that this bipartisan agreement will extend 

to obtaining the President’s goals on funding for these programs. 

Resources for 100,000 new volunteers 

We are disappointed that the authorization levels in the Citizen 

Service Act of 2002, as passed by the Committee, fall short of the 

funding levels in President Bush’s Fiscal Year 2003 budget request. 

The President’s requested funding is necessary to achieve his goal 

of 25,000 new AmeriCorps members next year and leverage an additional 75,000 volunteers. 

The Administration’s Principles for Reform of the Corporation for 

National Service states, ‘‘The Administration calls on the Congress to authorize a $290 million increase from last year’s budget—the 

full funding requested in the President’s Fiscal Year 2003 budget— support these initiatives. 

However, we appreciate Chairman John Boehner’s pledge to 

work with us to obtain these increases in conference. We look forward to working with him to meet this goal. 

Education awards 

To create greater educational opportunity for our youth who 

serve our country, AmeriCorps helps its members pay for college or 

repay their student loans. We are pleased that H.R. 4854 increases 

the Education Award by 11 percent—the first increase in the history of the AmeriCorps program—to $5,250. Even this increase, 

however, fails to restore the value of the Education Award to its 

inflation-adjusted 1993 level. 

180

Congress should go further and repeal the tax on this Education 

Award, although we recognize that this change is outside the jurisdiction of this Committee. We believe that the final legislation 

should either repeal this tax or provide for an additional increase 

in the Education Award. 

Bipartisan improvements to H.R. 4854

The Subcommittee on Select Education adopted a bipartisan 

amendment offered by Mr. Roemer to preserve the VISTA program. 

VISTA is a critical partner for thousands of grass-roots community 

organizations fighting poverty in the trenches. The Administration’s proposal would have germinated the federal government’s administration of VISTA. The Roemer amendment maintains federal 

help for local VISTA programs with providing living allowances, 

health insurance, child care, and other services to VISTA members. 

H.R. 4854 also rejects the Administration’s proposal to overhaul 

and weaken the national service laws’ grievance protections for 

members and displacement protections for workers who may be replaced by members. It sets a feasible cap or per-participant expenses of $16,000, with adjustments for inflation and waivers up 

to $20,000. And it concludes safeguards on the Administration’s requests for greater flexibility to allow members to choose their own 

sites of service and to promote project sustainability. 

Civil rights protections 

We are also please that H.R. 4854 maintains the national service 

laws’ protections against discrimination in hiring with federal 

funds. However, we disagree with the characterization of the legislative history of this provision in the Committee Views. 

We disagree with the majority’s characterization of the civil 

rights and religious liberty protections contained in the statute. By 

maintaining current law in Section 175 of the National Community 

Service Act and Section 417 of the Domestic Volunteer Service Act, 

the Committee is abiding by the Constitution with regard to funding of faith-based organizations and affirms a core civil rights principle that government funds, collected from all taxpayers, should 

not be used to support discrimination. In addition, it is important 

to note that these very provisions have not hampered the participation of faith-based organizations in many national service programs. 

Indeed, many view these provisions as a model for the participation of faith-based organizations in government programs. In January 2002, the Working Group on Human Needs and Faith-Based 

and Community Initiatives issued 29 recommendations for the 

faith-based initiative (Finding Common Ground: 29 Recommendations of the Working Group on Human Needs and Faith-Based and 

Community Initiatives). The Working Group was convened to bring 

together various representatives interested in the role of the faithbased organizations in the provision of community and social services. National service efforts were addressed in recommendation 11 

of the report, in which the Working Group wrote:

Congress and the Executive Branch should expand opportunities for service in VISTA and other AmeriCorps 

programs, as currently practiced, in order to supplement 

181

the staff and significantly increase the capacity of faithbased and community-based organizations to meet human 

needs, when government funding goes to the support of the 

national service participants. * * *

VISTA’s 35-year record of service with faith-based and 

community organizations has enjoyed broad acceptance, 

and has not been challenged on constitutional or legal 

grounds. The Corporation for National and Community 

Service in its new AmeriCorps programs is continuing that 

tradition. Any individual may apply to serve through these 

programs, and religious beliefs or practices may not be 

considered in the selection or placement of the volunteers. 

While serving, they may not be assigned to participate in 

worship, religious instruction, or proselytization. Any nonprofit organization working to meet national needs within 

the Corporation’s priorities may apply to participate. By 

design, the programs provide little or no cash grants for 

administrative costs. Some organizations receive modest 

administrative grants for partial support of staff positions; 

our agreement does not extend to such grants. 

Many, though not all, faith-based organizations have 

found that they can fulfill their mission consistent with 

these policies, utilizing VISTA volunteers and AmeriCorps 

members to significantly expand their work to address 

human needs.

The majority argues that the employment discrimination protections that exist in current law ‘‘predate more recent Acts designed 

to invite faith-based organizations into federal social service efforts.’’ Quoting the Congressional Research Service, it writes,

These more recent Acts recognize that ‘‘[i]n its more recent decisions[,] the [Supreme] Court appears to have 

abandoned the presumption that some religious institutions * * * are so pervasively sectarian that they are constitutionally ineligible to participate in direct public aid 

programs’’ (brackets in the original).

Charitable choice, the legislative provision at issue, has been 

used to expand the role of faith-based organizations in various federally funded activities. What the majority fails to note is that until 

this Congress, charitable choice received little scrutiny even 

though, according to the Congressional Research Service report 

cited by the majority, ‘‘[it] appears to push the envelope of existing 

judicial interpretations of the establishment clause of the First 

Amendment concerning direct public funding of religious organizations, even as revised by the Supreme Court’s recent decisions on 

the subject.’’ (See Charitable Choice: Constitutional Issues and Developments Through the 106th Congress (December 27, 2000) at 

34.) 

The Committee’s views regarding the impact of the Religious 

Freedom Restoration Act (42 U.S.C. 2000bb et seq.) (RFRA) to the 

underlying statute are flatly wrong and easily contradicted by a 

long line of Supreme Court case law regarding what constitutes a 

‘‘substantial burden’’ in free exercise cases. The threshold showing 

required for application of RFRA to a federal statute is that the 

182

government may not ‘‘substantially burden a person’s exercise of 

religion.’’ However, the Supreme Court has been clear that, in the 

context of free exercise, requirements attached to a government 

benefit cannot constitute a ‘‘substantial burden’’ on religion. The 

Court has consistently held that government action that has the effect of making religious exercise more expensive, or that fails to facilitate the exercise of religion, does not impose a ‘‘substantial burden.’’ This is because the Free Exercise clause is written in terms 

of what the government cannot do to the individual, not in terms 

of what the individual can exact from the government. See Lyng v. 

Northwest Indian Cemetery Protective Ass’n, 485 U.S. 439, 451 

(1988); See also Braunfeld v. Brown, 366 U.S. 599 (1961); Brusca

v. Missouri ex rel. State Board of Education, 332 F. Supp. 275 (E.D. 

Mo. 1971), aff ’d, 405 U.S. 1050 (1972); Luetkemeyer v. Kaufmann,

364 F. Supp. 376 (W.D. Mo. 1973), aff ’d, 419 U.S. 888 (1974). 

Additionally, even if the threshold ‘‘substantial burden’’ test were 

overcome, a plaintiff would have to advance the unfortunate argument that preventing discrimination is not a compelling state interest. In City of Richmond v. J.A. Croson Co., 488 U.S. 469 (1989), 

the Court ruled that ‘‘it is beyond dispute that any public entity, 

state or federal, has a compelling interest in assuring that public 

dollars, drawn from the tax contributions of all citizens, do not 

serve to finance the evil of private prejudice.’’ We strongly support the right of religious institutions to preserve 

the integrity of their own religious character when it comes to religious activities. We disagree that it is healthy for American society, 

or in conformance with basic American principles of fairness and 

equal treatment under the law, for the Federal Government to provide funds for secular purposes to any organization, which would 

then use these funds in a discriminatory fashion on religious 

grounds. In fact, in a poll conducted in 2001 by the Pew Research 

Center and the Pew Forum on Religion and Public Life on President Bush’s faith-based initiative, 78 percent of those polled shared 

this view. 

The national service laws are a model demonstrating that a prohibition on religious employment discrimination is fully compatible 

with federal assistance to faith-based charities. Faith-based charities have taken advantage of these federally funded programs to 

advance their charitable work in a manner, which the President 

finds worthy of expansion. We have heard no suggestion that the 

faith-based charities involved with AmeriCorps and the Senior 

Corps have seen their own faith communities erode. 

We are pleased that this reauthorization of the national service 

programs does not roll back civil rights protections that have been 

a part of this statute for over a decade. We firmly believe that the 

provisions in this statute allow for substantial participation by 

faith-based communities without undermining basic constitutional 

and civil rights principles.

GEORGE MILLER. 

RUSH HOLT. 

RUBEN HINOJOSA. 

DAVID WU. 

BOBBY SCOTT. 

HILDA L. SOLIS. 

183

MAJOR R. OWENS. LYNN WOOLSEY. CAROLYN MCCARTHY. LYNN N. RIVERS. BETTY MCCOLLUM. DENNIS J. KUCINICH. LORETTA SANCHEZ. DALE E. KILDEE. ROBERT E. ANDREWS. RON KIND. SUSAN DAVIS. TIM ROEMER. DONALD M. PAYNE. HAROLD FORD. PATSY T. MINK. JOHN F. TIERNEY.

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