II

103D CONGRESS

1ST SESSION S. 1212

To amend the National and Community Service Act of 1990 to establish

a Corporation for National Service and Community Volunteers, enhance

opportunities for national service, consolidate existing national service

and volunteer programs to enhance effectiveness, to provide support

for community volunteer opportunities, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 17 (legislative day, JUNE 15), 1993

Mrs. KASSEBAUM (for herself, Mr. COCHRAN, Mr. HATFIELD, Mr. STEVENS,

and Mr. THURMOND) introduced the following bill; which was read twice

and referred to the Committee on Labor and Human Resources

A BILL

To amend the National and Community Service Act of 1990

to establish a Corporation for National Service and Community Volunteers, enhance opportunities for national

service, consolidate existing national service and volunteer programs to enhance effectiveness, to provide support for community volunteer opportunities, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘National Service and Community Volunteers Act of

4 1993’’.

5 (b) TABLE OF CONTENTS.—The table of contents is

6 as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purpose.

TITLE I—NATIONAL SERVICE AND COMMUNITY VOLUNTEERS

Subtitle A—General Provisions

Sec. 101. Definitions.

Sec. 102. Authority to make State grants.

Subtitle B—Service-Learning Programs

Sec. 111. Programs.

Subtitle C—National Service Programs

Sec. 121. Federal investment in support of national service.

Sec. 122. Transition.

Subtitle D—Quality and Innovation

Sec. 131. Quality and innovation activities.

Subtitle E—Civilian Community Corps

Sec. 141. Civilian Community Corps.

Subtitle F—Administration

Sec. 151. Reports.

Sec. 152. Nondiscrimination.

Sec. 153. Notice, hearing, and grievance procedures.

Sec. 154. Nondisplacement.

Sec. 155. Evaluation.

Sec. 156. Contingent extension.

Sec. 157. Repeals.

Subtitle G—Organization

Sec. 161. State Commissions for National Service and Community Volunteers.

Sec. 162. Interim authorities of the Corporation for National Service and Community Volunteers and ACTION Agency.

Sec. 163. Final authorities of the Corporation for National Service and Community Volunteers.

Subtitle H—Other Activities
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Sec. 171. Points of Light Foundation.

Subtitle I—Authorization of Appropriations

Sec. 181. Authorization.

Subtitle J—General Provisions

Sec. 191. Effective date.

TITLE II—OTHER SERVICE PROGRAMS

Sec. 201. Repeals of service programs.

Sec. 202. Transition.

Sec. 203. Rules governing congressional consideration.

Sec. 204. Authorization of appropriations.

Sec. 205. Construction.

TITLE III—TECHNICAL AND CONFORMING AMENDMENTS.

Sec. 301. Definition of Director.

Sec. 302. References to ACTION and the ACTION Agency.

Sec. 303. Definitions.

Sec. 304. References to the Commission on National and Community Service.

Sec. 305. References to Directors of the Commission on National and Community Service.

Sec. 306. Effective date.

1 SEC. 2. FINDINGS AND PURPOSE.

2 (a) IN GENERAL.—Section 2 of the National and

3 Community Service Act of 1990 (42 U.S.C. 12501) is

4 amended to read as follows:

5 ‘‘SEC. 2. FINDINGS AND PURPOSE.

6 ‘‘(a) FINDINGS.—The Congress finds the following:

7 ‘‘(1) Throughout the United States, there are

8 pressing unmet human, educational, environmental,

9 and public safety needs.

10 ‘‘(2) Americans desire to affirm common re11 sponsibilities and shared values that transcend race,

12 religion, or region.
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1 ‘‘(3) Americans of all ages can improve their

2 communities and become better citizens through

3 service to the United States.

4 ‘‘(4) Nonprofit organizations, local govern5 ments, States, and the Federal Government are al6 ready supporting a wide variety of national service

7 programs that deliver needed services in a cost-effec8 tive manner.

9 ‘‘(5) Federal appropriations in fiscal year 1993

10 for full-time national service programs totaled

11 $102,700,000.

12 ‘‘(b) PURPOSES.—It is the purpose of this Act to—

13 ‘‘(1) assist in meeting the unmet human, edu14 cational, environmental, and public safety needs of

15 the United States, without displacing existing work16 ers;

17 ‘‘(2) renew the ethic of civic responsibility and

18 the spirit of community throughout the United

19 States;

20 ‘‘(3) determine, through demonstration and ex21 perimentation, the most efficient means for imple22 menting educational or other incentives that are nec23 essary for a successful national service program;

24 ‘‘(4) encourage citizens of the United States,

25 regardless of race, religion, gender, age, disability,
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1 region, income or education, to engage in full-time

2 or part-time national service;

3 ‘‘(5) reinvent government to eliminate duplica4 tion in national service and volunteer programs by

5 merging existing national service and volunteer pro6 grams and carrying out the programs through the

7 same administrative body, thereby diminishing bu8 reaucratic infrastructure while maximizing program

9 flexibility and effectiveness;

10 ‘‘(6) support locally established initiatives, re11 quire measurable goals for performance, and offer

12 flexibility in meeting those goals;

13 ‘‘(7) build on the existing organizational service

14 infrastructure of Federal, State, and local programs

15 and agencies to expand full-time and part-time serv16 ice opportunities for all citizens;

17 ‘‘(8) provide tangible benefits to the commu18 nities in which national service is performed; and

19 ‘‘(9) promote the integration of community vol20 unteer activities by introducing service-learning into

21 curricula in elementary schools, secondary schools,

22 and institutions of higher education.’’.

23 (b) TABLE OF CONTENTS.—Section 1(b) of the Na24 tional and Community Service Act of 1990 (Public Law
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1 101–610; 104 Stat. 3127) is amended by striking the item

2 relating to section 2 and inserting the following new item:

‘‘Sec. 2. Findings and purpose.’’.

3 TITLE I—NATIONAL SERVICE

4 AND COMMUNITY VOLUNTEERS

5 Subtitle A—General Provisions

6 SEC. 101. DEFINITIONS.

7 (a) IN GENERAL.—Section 101 of the National and

8 Community Service Act of 1990 (42 U.S.C. 12511) is

9 amended to read as follows:

10 ‘‘SEC. 101. DEFINITIONS.

11 ‘‘For purposes of this title:

12 ‘‘(1) ADULT VOLUNTEER.—The term ‘adult

13 volunteer’ means an individual, such as an older

14 adult, an individual with a disability, a parent, or an

15 employee of a business or public or private not-for16 profit agency, who—

17 ‘‘(A) works without financial remuneration

18 in an educational institution to assist students

19 or out-of-school youth; and

20 ‘‘(B) is beyond the age of compulsory

21 school attendance in the State in which the edu22 cational institution is located.

23 ‘‘(2) CARRY OUT.—The term ‘carry out’, when

24 used in connection with a national service program

25 described in section 122, means the planning, estab-
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1 lishment, operation, expansion, or replication of the

2 program.

3 ‘‘(3) COMMUNITY-BASED AGENCY.—The term

4 ‘community-based agency’ means a private not-for5 profit organization that is representative of a com6 munity or a significant segment of a community and

7 that is engaged in meeting human, educational, envi8 ronmental, or public safety community needs.

9 ‘‘(4) CORPORATION.—The term ‘Corporation’,

10 means the Corporation for National Service and

11 Community Volunteers established under section

12 191.

13 ‘‘(5) DIRECTOR.—The term ‘Director’ means

14 the Director of the Corporation appointed under sec15 tion 193.

16 ‘‘(6) ECONOMICALLY DISADVANTAGED.—The

17 term ‘economically disadvantaged’ means, with re18 spect to an individual, an individual who is deter19 mined by the Director to be low-income according to

20 the latest available data from the Department of

21 Commerce.

22 ‘‘(7) ELEMENTARY SCHOOL.—The term ‘ele23 mentary school’ has the same meaning given such

24 term in section 1471(8) of the Elementary and Sec25 ondary Education Act of 1965 (20 U.S.C. 2891(8)).
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1 ‘‘(8) INDIAN.—The term ‘Indian’ means a per2 son who is a member of an Indian tribe.

3 ‘‘(9) INDIAN LANDS.—The term ‘Indian lands’

4 means any real property owned by an Indian tribe,

5 any real property held in trust by the United States

6 for an Indian or Indian tribe, and any real property

7 held by an Indian or Indian tribe that is subject to

8 restrictions on alienation imposed by the United

9 States.

10 ‘‘(10) INDIAN TRIBE.—The term ‘Indian tribe’

11 means an Indian tribe, band, nation, or other orga12 nized group or community, including any Native vil13 lage, Regional Corporation, or Village Corporation,

14 as defined in subsection (c), (g), or (j), respectively,

15 of section 3 of the Alaska Native Claims Settlement

16 Act (43 U.S.C. 1602 (c), (g), or (j)), that is recog17 nized as eligible for the special programs and serv18 ices provided by the United States under Federal

19 law to Indians because of their status as Indians.

20 ‘‘(11) INDIVIDUAL WITH A DISABILITY.—Ex21 cept as provided in section 175(a), the term ‘individ22 ual with a disability’ has the meaning given the term

23 in section 7(8) of the Rehabilitation Act of 1973 (29

24 U.S.C. 706(8)).
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1 ‘‘(12) INSTITUTION OF HIGHER EDUCATION.—

2 The term ‘institution of higher education’ has the

3 same meaning given such term in section 1201(a) of

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

5 1141(a)).

6 ‘‘(13) LOCAL EDUCATIONAL AGENCY.—The

7 term ‘local educational agency’ has the same mean8 ing given such term in section 1471(12) of the Ele9 mentary and Secondary Education Act of 1965 (20

10 U.S.C. 2891(12)).

11 ‘‘(14) NATIONAL SERVICE LAWS.—The term

12 ‘national service laws’ means this Act and the Do13 mestic Volunteer Service Act of 1973 (42 U.S.C.

14 4950 et seq.).

15 ‘‘(15) NATIONAL SERVICE PROGRAM.—

16 ‘‘(A) IN GENERAL.—Except as provided in

17 subparagraph (B), the term ‘national service

18 program’ means a program or activity described

19 in—

20 ‘‘(i) subtitle C, D, or E;

21 ‘‘(ii) part A of title I of the Domestic

22 Volunteer Service Act of 1973;

23 ‘‘(iii) title XI of the Higher Education

24 Act of 1965; or
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1 ‘‘(iv) Public Law 91–378 (16 U.S.C.

2 1701–1706; commonly known as the

3 ‘Youth Conservation Corps Act of 1970’).

4 ‘‘(B) LIMITATION.—As used in subtitle C,

5 such term means a program described in sec6 tion 122(a).

7 ‘‘(16) OUT-OF-SCHOOL YOUTH.—The term ‘out8 of-school youth’ means an individual who—

9 ‘‘(A) has not attained the age of 27;

10 ‘‘(B) has not completed college or the

11 equivalent thereof; and

12 ‘‘(C) is not enrolled in an elementary or

13 secondary school or institution of higher edu14 cation.

15 ‘‘(17) PARTICIPANT.—

16 ‘‘(A) IN GENERAL.—The term ‘participant’

17 means an individual enrolled in a program that

18 receives assistance under this title.

19 ‘‘(B) RULE.—A participant shall not be

20 considered to be an employee of the program in

21 which the participant is enrolled.

22 ‘‘(18) PARTNERSHIP PROGRAM.—The term

23 ‘partnership program’ means a program through

24 which an adult volunteer, a public or private not-for-
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1 profit agency, an institution of higher education, or

2 a business assists a local educational agency.

3 ‘‘(19) PROGRAM.—The term ‘program’, except

4 when used as part of the term ‘academic program’,

5 ‘national service program’, or ‘volunteer program’

6 means a program described in section 111(a),

7 119(b)(1), 122(a), or 145, in paragraph (1) or (2)

8 of section 152(b), or in title III.

9 ‘‘(20) PROJECT.—The term ‘project’ means an

10 activity, carried out through a program that receives

11 assistance under this title, that results in a specific

12 identifiable service or improvement that otherwise

13 would not be done with existing funds, and that does

14 not duplicate the routine services or functions of the

15 employer to whom participants are assigned.

16 ‘‘(21) SCHOOL-AGE YOUTH.—The term ‘school17 age youth’ means—

18 ‘‘(A) individuals between the ages of 5 and

19 17, inclusive; and

20 ‘‘(B) children with disabilities, as defined

21 in section 602(a)(1) of the Individuals with Dis22 abilities Education Act (20 U.S.C. 1401(a)(1)),

23 who receive services under part B of such Act.

24 ‘‘(22) SECONDARY SCHOOL.—The term ‘second25 ary school’ has the same meaning given such term
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1 in section 1471(21) of the Elementary and Second2 ary Education Act of 1965 (20 U.S.C. 2891(21)).

3 ‘‘(23) SERVICE-LEARNING.—The term ‘service4 learning’ means a method—

5 ‘‘(A) under which students or participants

6 learn and develop through active participation

7 in thoughtfully organized service that—

8 ‘‘(i) is conducted in and meets the

9 needs of a community;

10 ‘‘(ii) is coordinated with an elemen11 tary school, secondary school, institution of

12 higher education, or community service

13 program, and with the community; and

14 ‘‘(iii) helps foster civic responsibility;

15 ‘‘(B) that is integrated into the academic

16 curriculum of the students, or the educational

17 components of the community service program

18 in which the participants are enrolled;

19 ‘‘(C) that provides students with opportu20 nities to use newly acquired skills and knowl21 edge in situations in their communities; and

22 ‘‘(D) that enhances the curriculum or edu23 cational components described in subparagraph

24 (B) by extending student learning beyond the

25 classroom and into the community and helps to
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1 foster the development of a sense of caring for

2 others.

3 ‘‘(24) SERVICE-LEARNING COORDINATOR.—The

4 term ‘service-learning coordinator’ means an individ5 ual who provides services as described in section

6 111(a)(2).

7 ‘‘(25) SERVICE SPONSOR.—The term ‘service

8 sponsor’ means an organization, or other entity, that

9 has been selected to provide a placement for a par10 ticipant.

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

12 the several States, the District of Columbia, the

13 Commonwealth of Puerto Rico, the Virgin Islands,

14 Guam, American Samoa, and the Commonwealth of

15 the Northern Mariana Islands. The term also in16 cludes Palau, until such time as the Compact of

17 Free Association is ratified.

18 ‘‘(27) STATE COMMISSION.—The term ‘State

19 Commission’ means a State Commission for Na20 tional Service and Community Volunteers main21 tained by a State pursuant to section 178. Except

22 when used in section 178, the term includes an al23 ternative administrative entity for a State approved

24 by the Corporation under such section to act in lieu

25 of a State Commission.
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1 ‘‘(28) STUDENT.—The term ‘student’ means an

2 individual who is enrolled in an elementary or sec3 ondary school or institution of higher education on

4 a full- or part-time basis.

5 ‘‘(29) SUMMER PROGRAM.—The term ‘summer

6 program’ means a full-time or part-time program

7 authorized under this title that is limited to a period

8 beginning after April 30 and ending before October

9 1.

10 ‘‘(30) VOLUNTEER PROGRAM.—The term ‘vol11 unteer program’ means a program or activity de12 scribed in—

13 ‘‘(A) part I or II of subtitle B, or title III;

14 or

15 ‘‘(B) part B or C of title I, or part A, B,

16 or C, of title II, of the Domestic Volunteer

17 Service Act of 1973.’’.

18 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

19 (1) Section 182(a)(2) of the National and Com20 munity Service Act of 1990 (42 U.S.C 12642(a)(2))

21 is amended by striking ‘‘adult volunteer and partner22 ship’’ each place the term appears and inserting

23 ‘‘partnership’’.

24 (2) Section 182(a)(3) of the National and Com25 munity Service Act of 1990 (42 U.S.C 12642(a)(3))
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1 is amended by striking ‘‘adult volunteer and partner2 ship’’ and inserting ‘‘partnership’’.

3 (3) Section 441(c)(2) of the Higher Education

4 Act of 1965 (42 U.S.C. 2751(c)(2)) is amended by

5 striking ‘‘service opportunities or youth corps as de6 fined in section 101 of the National and Community

7 Service Act of 1990, and service in the agencies, in8 stitutions and activities designated in section 124(a)

9 of the National and Community Service Act of

10 1990’’ and inserting ‘‘a project, as defined in section

11 101(20) of the National and Community Service Act

12 of 1990 (42 U.S.C. 12511(18))’’.

13 (4) Section 1122(a)(2)(C) of the Higher Edu14 cation Act of 1965 (20 U.S.C. 1137a(a)(2)(C)) is

15 amended by striking ‘‘youth corps as defined in sec16 tion 101(30) of the National and Community Service

17 Act of 1990’’ and inserting ‘‘youth corps programs,

18 as described in section 122(a)(2) of the National

19 and Community Service Act of 1990’’.

20 (5) Section 1201(p) of the Higher Education

21 Act of 1965 (20 U.S.C. 1141(p)) is amended by

22 striking ‘‘section 101(22) of the National and Com23 munity Service Act of 1990’’ and inserting ‘‘section

24 101(23) of the National and Community Service Act

25 of 1990 (42 U.S.C. 12511(21))’’.
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1 SEC. 102. AUTHORITY TO MAKE STATE GRANTS.

2 Section 102 of the National and Community Service

3 Act of 1990 (42 U.S.C. 12512) is repealed.

4 Subtitle B—Service-Learning

5 Programs

6 SEC. 111. PROGRAMS.

7 (a) AMENDMENTS TO SERVE-AMERICA PROGRAMS.—

8 (1) PURPOSE.—The purpose of this subsection

9 is to improve the Serve-America programs estab10 lished under part I of subtitle B of the National and

11 Community Service Act of 1990, and to enable the

12 Corporation for National Service and Community

13 Volunteers, and the entities receiving financial as14 sistance under such part, to—

15 (A) work with teachers in elementary

16 schools and secondary schools within a commu17 nity, and with community-based agencies, to

18 create and offer service-learning opportunities

19 for school-age youth;

20 (B) educate teachers, and faculty providing

21 teacher training and retraining, about service22 learning, and incorporate service-learning op23 portunities into classroom teaching to strength24 en academic learning;

25 (C) coordinate the work of adult volunteers

26 who work with elementary and secondary
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1 schools as part of their community service ac2 tivities; and

3 (D) work with employers in the commu4 nities to ensure that projects introduce the stu5 dents to various careers and expose the stu6 dents to needed further education and training.

7 (2) PROGRAMS.—Subtitle B of title I of the Na8 tional and Community Service Act of 1990 (42

9 U.S.C. 12501 et seq.) is amended by striking the

10 subtitle heading and all that follows through the end

11 of part I and inserting the following:

12 ‘‘Subtitle B—Service-Learning

13 Programs

14 ‘‘PART I—SERVE-AMERICA PROGRAMS

15 ‘‘SEC. 111. AUTHORITY TO ASSIST STATES AND INDIAN

16 TRIBES.

17 ‘‘(a) USE OF FUNDS.—The Corporation, in consulta18 tion with the Secretary of Education, may make grants

19 under section 112(b)(1), and allotments under subsections

20 (a) and (b)(2) of section 112, to States (through State

21 Commissions), and Indian tribes to pay for the Federal

22 share of—

23 ‘‘(1) planning and building the capacity of the

24 States or Indian tribes (which may be accomplished

25 through grants or contracts with qualified organiza-
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1 tions) to implement school-based and community2 based service-learning programs, including—

3 ‘‘(A) providing training for teachers, su4 pervisors, personnel from community-based

5 agencies (particularly with regard to the utiliza6 tion of participants), and trainers, to be con7 ducted by qualified individuals or organizations

8 that have experience with service-learning;

9 ‘‘(B) developing service-learning curricula

10 to be integrated into academic programs, in11 cluding an age-appropriate learning component

12 for participants in the program that shall in13 clude a chance for participants to analyze and

14 apply their service experiences;

15 ‘‘(C) forming local partnerships described

16 in subsection (b) to develop school-based or

17 community-based service-learning programs in

18 accordance with this part;

19 ‘‘(D) devising appropriate methods for re20 search and evaluation of the educational value

21 of service-learning and the effect of service22 learning activities on participants and commu23 nities; and

24 ‘‘(E) establishing effective outreach and

25 dissemination of information to ensure the
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1 broadest possible involvement of community2 based agencies with demonstrated effectiveness

3 in working with school-age youth in their com4 munities;

5 ‘‘(2) implementing, operating, or expanding

6 school-based and community-based service-learning

7 programs, which may include paying for the cost of

8 the recruitment, training, supervision, placement,

9 salaries, and benefits of service-learning coordinators

10 who shall—

11 ‘‘(A) assist in the design and implementa12 tion of such a program; and

13 ‘‘(B) identify the community partners re14 ferred to in subsection (b); and

15 ‘‘(3) implementing, operating, or expanding

16 school-based and community-based service-learning

17 programs that involve adult volunteers in service18 learning activities to improve the education of stu19 dents and school-age youth.

20 ‘‘(b) PARTNERSHIPS.—To support activities de21 scribed in paragraph (2) or (3) of subsection (a), a State

22 or Indian tribe shall distribute Federal funds made avail23 able under this part to local partnerships, who—

24 ‘‘(1) shall use the funds to carry out projects—
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1 ‘‘(A) through school-based service-learning

2 programs for participants selected from among

3 students; or

4 ‘‘(B) through community-based service5 learning programs for participants selected

6 from among school-age youth; and

7 ‘‘(2) shall include—

8 ‘‘(A) in the case of school-based pro9 grams—

10 ‘‘(i) local educational agencies; and

11 ‘‘(ii) one or more community partners

12 that—

13 ‘‘(I) shall include a public or pri14 vate not-for-profit organization; and

15 ‘‘(II) may include a private for16 profit business or private elementary

17 or secondary school; and

18 ‘‘(B) in the case of community-based pro19 grams—

20 ‘‘(i) public or private not-for-profit or21 ganizations;

22 ‘‘(ii) local educational agencies; and

23 ‘‘(iii) one or more community part24 ners.
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1 ‘‘(c) QUALIFIED ORGANIZATIONS.—To support ac2 tivities described in subsection (a)(1), a State or Indian

3 tribe shall distribute Federal funds made available under

4 this part to qualified organizations, who shall be—

5 ‘‘(1) local educational agencies;

6 ‘‘(2) community-based organizations that meet

7 the requirements of section 111B(a);

8 ‘‘(3) communities;

9 ‘‘(4) State agencies; or

10 ‘‘(5) partnerships described in subparagraph

11 (A) or (B) of subsection (b)(2).

12 ‘‘(d) RELATED EXPENSES.—A partnership or other

13 qualified organization that receives financial assistance

14 under this part may, in carrying out the activities de15 scribed in subsection (a), use such assistance to pay for

16 the Federal share of reasonable costs related to the super17 vision of participants, program administration, transpor18 tation, insurance, evaluations, and for other reasonable ex19 penses necessary to carry out the activities.

20 ‘‘SEC. 111A. AUTHORITY TO ASSIST LOCAL APPLICANTS IN

21 NONPARTICIPATING STATES.

22 ‘‘In any fiscal year in which a State does not submit

23 an application under section 113, for an allotment under

24 subsection (a) or (b)(2) of section 112, that meets the re25 quirements of section 113 and such other requirements
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1 as the Director may determine to be appropriate, the Cor2 poration may use the allotment of that State to make a

3 direct grant—

4 ‘‘(1) to a qualified organization, to pay for the

5 Federal share of carrying out activities described in

6 section 111(a)(1) in that State; or

7 ‘‘(2) to a partnership described in section

8 111(b), to pay for the Federal share of carrying out

9 activities described in paragraph (2) or (3) of section

10 111(a) in that State.

11 ‘‘SEC. 111B. AUTHORITY TO ASSIST PUBLIC OR PRIVATE

12 NOT-FOR-PROFIT ORGANIZATIONS.

13 ‘‘(a) IN GENERAL.—The Corporation may make a

14 grant under section 112(b)(1) to a public or private not15 for-profit organization that—

16 ‘‘(1) has experience with service-learning;

17 ‘‘(2) was in existence 1 year before the date on

18 which the organization submitted an application

19 under section 114(a); and

20 ‘‘(3) meets such other criteria as the Director

21 may establish.

22 ‘‘(b) USE OF FUNDS.—Such an organization may use

23 a grant made under subsection (a) to make a grant—
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1 ‘‘(1) to a qualified organization, to pay for the

2 Federal share of carrying out activities described in

3 section 111(a)(1); or

4 ‘‘(2) to a partnership described in section

5 111(b), to pay for the Federal share of carrying out

6 activities described in paragraph (2) or (3) of section

7 111(a).

8 ‘‘SEC. 112. GRANTS AND ALLOTMENTS.

9 ‘‘(a) INDIAN TRIBES AND TERRITORIES.—Of the

10 amounts appropriated to carry out this part for any fiscal

11 year, the Corporation shall reserve—

12 ‘‘(1) an amount of not more than 1 percent for

13 payments—

14 ‘‘(A) to Indian tribes, the Virgin Islands,

15 Guam, American Samoa, and the Common16 wealth of the Northern Mariana Islands, to be

17 allotted in accordance with their respective

18 needs; and

19 ‘‘(B) to Palau, in accordance with its

20 needs, until such time as the Compact of Free

21 Association with Palau is ratified; and

22 ‘‘(2) .2 percent of such amounts for payments

23 to Native Hawaiians.

24 ‘‘(b) GRANTS AND ALLOTMENTS THROUGH

25 STATES.—The Corporation shall use the remainder of the
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1 funds appropriated to carry out this part for any fiscal

2 year as follows:

3 ‘‘(1) GRANTS.—Except as provided in para4 graph (3), from 10 percent of such funds, the Cor5 poration may make grants, on a competitive basis,

6 to—

7 ‘‘(A) States and Indian tribes; or

8 ‘‘(B) public or private not-for-profit orga9 nizations as described in section 111B.

10 ‘‘(2) ALLOTMENTS.—

11 ‘‘(A) SCHOOL-AGE YOUTH.—Except as pro12 vided in paragraph (3), from 45 percent of such

13 funds, the Corporation shall allot to each State

14 an amount that bears the same ratio to 45 per15 cent of such funds as the number of school-age

16 youth in the State bears to the total number of

17 school-age youth of all States.

18 ‘‘(B) ALLOCATION UNDER ELEMENTARY

19 AND SECONDARY EDUCATION ACT OF 1965.—

20 Except as provided in paragraph (3), from 45

21 percent of such funds, the Corporation shall

22 allot to each State an amount that bears the

23 same ratio to 45 percent of such funds as the

24 allocation to the State for the previous fiscal

25 year under chapter 1 of title I of the Elemen-
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1 tary and Secondary Education Act of 1965 (20

2 U.S.C. 2711 et seq.) bears to such allocations

3 to all States.

4 ‘‘(3) MINIMUM AMOUNT.—No State shall re5 ceive, under paragraph (2), an allotment that is less

6 than the allotment such State received for fiscal year

7 1993 under section 112(b) of this Act, as in effect

8 on the day before the date of enactment of this part.

9 If the amount of funds made available in a fiscal

10 year to carry out paragraph (2) is insufficient to

11 make such allotments, the Corporation shall make

12 available sums from the 10 percent described in

13 paragraph (1) for such fiscal year to make such

14 allotments.

15 ‘‘(4) DEFINITION.—Notwithstanding section

16 101(26), for purposes of this subsection, the term

17 ‘State’ means each of the several States, the District

18 of Columbia, the Commonwealth of Puerto Rico, and

19 an Indian tribe.

20 ‘‘(c) REALLOTMENT.—If the Corporation determines

21 that the allotment of a State or Indian tribe under this

22 section will not be required for a fiscal year because the

23 State or Indian tribe does not submit an application for

24 the allotment under section 113 that meets the require25 ments of such section and such other requirements as the
26

•S 1212 IS

1 Director may determine to be appropriate, the Corpora2 tion shall, after making any grants under section 111A,

3 make any remainder of such allotment available for real4 lotment to such other States, and Indian tribes, with ap5 proved applications submitted under section 113, as the

6 Corporation may determine to be appropriate.

7 ‘‘(d) EXCEPTION.—Notwithstanding subsections (a)

8 and (b), if less than $20,000,000 is appropriated for any

9 fiscal year to carry out this part, the Corporation shall

10 award grants to States and Indian tribes, from the

11 amount so appropriated, on a competitive basis to pay for

12 the Federal share of the activities described in section 111.

13 ‘‘(e) PROGRAMS.—In awarding grants and making al14 lotments under subsections (a), (b), and (d), from the sum

15 appropriated to carry out this part for a fiscal year, the

16 Corporation shall make available—

17 ‘‘(1) 75 percent of such sum for school-based

18 programs; and

19 ‘‘(2) 25 percent of such sum for community20 based programs.

21 ‘‘SEC. 113. STATE OR TRIBAL APPLICATIONS.

22 ‘‘(a) SUBMISSION.—To be eligible to receive a grant

23 under section 112(b)(1), an allotment under subsection

24 (a) or (b)(2) of section 112, a reallotment under section

25 112(c), or a grant under section 112(d), a State (acting
27

•S 1212 IS

1 through the State Commission) or an Indian tribe, shall

2 prepare, submit to the Corporation, and obtain approval

3 of, an application at such time and in such manner as

4 the Director may reasonably require.

5 ‘‘(b) CONTENTS.—An application that is submitted

6 under subsection (a) with respect to service-learning pro7 grams described in section 111 shall include—

8 ‘‘(1) information demonstrating that the pro9 grams will be carried out in a manner consistent

10 with the strategic plan submitted for the State in11 volved under section 178;

12 ‘‘(2) assurances that—

13 ‘‘(A) the applicant will keep such records

14 and provide such information to the Corpora15 tion with respect to the programs as may be re16 quired for fiscal audits and program evaluation;

17 and

18 ‘‘(B) the applicant will comply with the

19 nonduplication and nondisplacement require20 ments of section 177; and

21 ‘‘(3) such additional information as the Direc22 tor may reasonably require.
28

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1 ‘‘SEC. 114. LOCAL APPLICATIONS.

2 ‘‘(a) APPLICATION TO CORPORATION TO MAKE

3 GRANTS FOR SCHOOL-BASED OR COMMUNITY-BASED

4 SERVICE-LEARNING PROGRAMS.—

5 ‘‘(1) IN GENERAL.—To be eligible to receive a

6 grant under section 112(b)(1) in accordance with

7 section 111B(a) to make grants relating to school8 based or community-based service-learning programs

9 described in section 111(a), a grantmaking entity

10 shall prepare, submit to the Corporation, and obtain

11 approval of, an application.

12 ‘‘(2) SUBMISSION.—Such application shall be

13 submitted at such time and in such manner, and

14 shall contain such information, as the Director may

15 reasonably require. Such an application shall include

16 a proposal to assist such programs in more than 1

17 State.

18 ‘‘(b) DIRECT APPLICATION TO CORPORATION TO

19 CARRY OUT SCHOOL-BASED OR COMMUNITY-BASED

20 SERVICE-LEARNING PROGRAMS IN NONPARTICIPATING

21 STATES.—To be eligible to receive a grant from the Cor22 poration in the circumstances described in section 111A

23 to carry out an activity described in such section, an orga24 nization or partnership referred to in such section shall

25 prepare, submit to the Corporation, and obtain approval

26 of, an application. Such application shall be submitted at
29

•S 1212 IS

1 such time and in such manner, and shall contain such in2 formation, as the Director may reasonably require.

3 ‘‘(c) APPLICATION TO STATE OR INDIAN TRIBE TO

4 RECEIVE ASSISTANCE TO CARRY OUT SCHOOL-BASED OR

5 COMMUNITY-BASED SERVICE-LEARNING PROGRAMS.—

6 ‘‘(1) IN GENERAL.—A qualified organization or

7 partnership that desires to receive financial assist8 ance under this part from a State Commission, In9 dian tribe, or grantmaking entity, for activities de10 scribed in section 111(a), shall prepare, submit to

11 the State Commission, tribe, or entity, and obtain

12 approval of, an application.

13 ‘‘(2) SUBMISSION.—Such application shall be

14 submitted at such time and in such manner, and

15 shall contain such information, as the State Com16 mission, tribe, or entity may reasonably require.

17 ‘‘(d) CONTENTS OF APPLICATION.—

18 ‘‘(1) REGULATIONS.—The Corporation shall by

19 regulation establish standards for the information

20 required to be contained in an application submitted

21 under subsection (a) or (b).

22 ‘‘(2) ASSURANCES.—At a minimum, an applica23 tion submitted under subsection (a) or (b) shall con24 tain—
30

•S 1212 IS

1 ‘‘(A) an assurance that the applicant will

2 develop an age-appropriate learning component

3 for participants in the program that shall in4 clude a chance for participants to analyze and

5 apply their service experiences;

6 ‘‘(B) an assurance that the applicant will

7 comply with the nonduplication and

8 nondisplacement requirements of section 177

9 and grievance procedure requirements of section

10 176(f); and

11 ‘‘(C) such other assurances as the Director

12 may reasonably require.

13 ‘‘SEC. 115. CONSIDERATION OF APPLICATIONS.

14 ‘‘(a) CRITERIA FOR APPLICATIONS.—In approving

15 applications for financial assistance under subsection (a),

16 (b), (c), or (d) of section 112, the Corporation shall con17 sider such criteria with respect to sustainability,

18 replicability, innovation, and quality of programs under

19 this part as the Director may by regulation specify. In

20 providing assistance under this part, a State Commission,

21 Indian tribe, or grantmaking entity shall also consider

22 such criteria.

23 ‘‘(b) PRIORITY FOR APPLICATIONS.—

24 ‘‘(1) IN GENERAL.—In providing assistance

25 under this part, a State Commission or Indian tribe,
31

•S 1212 IS

1 or the Corporation if section 111A or 111B applies,

2 shall give priority to entities that submit applica3 tions under section 114 with respect to service-learn4 ing programs described in section 111 that—

5 ‘‘(A) involve participants in the design and

6 operation of the program;

7 ‘‘(B) are in the greatest need of assistance,

8 such as programs targeting low-income areas;

9 or

10 ‘‘(C) involve—

11 ‘‘(i) students from public elementary

12 or secondary schools, and students from

13 private elementary or secondary schools,

14 serving together; or

15 ‘‘(ii) students of different ages, races,

16 sexes, ethnic groups, disabilities, or eco17 nomic backgrounds, serving together.

18 ‘‘(c) REGULATIONS.—The Corporation shall by regu19 lation establish procedures and criteria (in addition to the

20 criteria described in subsections (a) and (b)) for awarding

21 grants in the circumstances described in sections 111A

22 and 111B.

23 ‘‘(d) REJECTION OF APPLICATIONS.—If the Corpora24 tion rejects an application submitted under section 113

25 for an allotment under subsection (b)(2) of section 112,
32

•S 1212 IS

1 the Corporation shall promptly notify the applicant of the

2 reasons for the rejection of the application. The Corpora3 tion shall provide the applicant with a reasonable oppor4 tunity to revise and resubmit the application and shall pro5 vide technical assistance, if needed, to the applicant as

6 part of the resubmission process. The Corporation shall

7 promptly reconsider such resubmitted application.

8 ‘‘SEC. 115A. PARTICIPATION OF STUDENTS AND TEACHERS

9 FROM PRIVATE SCHOOLS.

10 ‘‘(a) IN GENERAL.—To the extent consistent with the

11 number of students in the State or Indian tribe or in the

12 school district of the local educational agency involved who

13 are enrolled in private not-for-profit elementary and sec14 ondary schools, such State, Indian tribe, or agency shall

15 consult with appropriate private school representatives

16 and make provision—

17 ‘‘(1) for the inclusion of services and arrange18 ments for the benefit of such students so as to allow

19 for the equitable participation of such students in

20 the programs implemented to carry out the objec21 tives and provide the benefits described in this part;

22 and

23 ‘‘(2) for the training of the teachers of such

24 students so as to allow for the equitable participa25 tion of such teachers in the programs implemented
33

•S 1212 IS

1 to carry out the objectives and provide the benefits

2 described in this part.

3 ‘‘(b) WAIVER.—If a State, Indian tribe, or local edu4 cational agency is prohibited by law from providing for

5 the participation of students or teachers from private not6 for-profit schools as required by subsection (a), or if the

7 Corporation determines that a State, Indian tribe, or local

8 educational agency substantially fails or is unwilling to

9 provide for such participation on an equitable basis, the

10 Director shall waive such requirements and shall arrange

11 for the provision of services to such students and teachers.

12 Such waivers shall be subject to consultation, withholding,

13 notice, and judicial review requirements in accordance

14 with paragraphs (3) and (4) of section 1017(b) of the Ele15 mentary and Secondary Education Act of 1965 (20 U.S.C.

16 2727(b)).

17 ‘‘SEC. 116. FEDERAL, STATE, AND LOCAL CONTRIBUTIONS.

18 ‘‘(a) SHARE.—

19 ‘‘(1) IN GENERAL.—The Federal share attrib20 utable to this part of the cost of carrying out a pro21 gram for which a grant or allotment is made under

22 this part may not exceed—

23 ‘‘(A) 90 percent of the total cost of the

24 program for the first year for which the pro25 gram receives assistance under this part;
34

•S 1212 IS

1 ‘‘(B) 80 percent of the total cost of the

2 program for the second year for which the pro3 gram receives assistance under this part;

4 ‘‘(C) 70 percent of the total cost of the

5 program for the third year for which the pro6 gram receives assistance under this part; and

7 ‘‘(D) 60 percent of the total cost of the

8 program for the fourth year, and for any subse9 quent year, for which the program receives as10 sistance under this part.

11 ‘‘(2) REMAINING SHARE.—In providing for the

12 remaining share of the cost of carrying out such a

13 program, each recipient of assistance under this

14 part—

15 ‘‘(A) shall provide for such share through

16 a payment in cash or in kind, fairly evaluated,

17 including facilities, equipment, or services; and

18 ‘‘(B) may provide for such share through

19 State sources, local sources, or Federal sources

20 (other than funds made available under the na21 tional service laws).

22 ‘‘(3) CALCULATION.—In calculating the cost of

23 carrying out such a program, the recipient shall not

24 include the costs of salaries and benefits of individ25 uals who are participants or volunteers in any na-
35

•S 1212 IS

1 tional service program or any volunteer program,

2 other than a program under this part.

3 ‘‘(b) WAIVER.—The Director may waive the require4 ments of subsection (a) in whole or in part with respect

5 to any such program in any fiscal year if the Corporation

6 determines that such a waiver would be equitable due to

7 a demonstrated lack of available financial resources at the

8 local level.

9 ‘‘(c) DEFINITION.—Notwithstanding section 101, as

10 used in this section, the term ‘national service laws’ means

11 the provisions specified in section 201(a) of the National

12 Service and Community Volunteers Act of 1993.

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

14 ‘‘(a) ADMINISTRATIVE COSTS.—

15 ‘‘(1) LIMITATION.—Of the amount of assistance

16 provided to a State Commission, Indian tribe, or

17 grantmaking entity that is the original recipient of

18 a grant or allotment under subsection (a), (b), (c),

19 or (d) of section 112 for a fiscal year—

20 ‘‘(A) not more than 2.5 percent of such

21 amount may be used to pay for administrative

22 costs incurred by the original recipient; and

23 ‘‘(B) not more than 2.5 percent of such

24 amount may be used to pay for administrative

25 costs incurred by the entity carrying out the
36

•S 1212 IS

1 service-learning programs receiving assistance

2 under this subtitle.

3 ‘‘(2) RULES ON USE.—The Corporation shall by

4 regulation establish acceptable categories of adminis5 trative costs.

6 ‘‘(b) CAPACITY-BUILDING ACTIVITIES.—Not less

7 than 10 percent and not more than 20 percent of the

8 amount of assistance provided to a State Commission, In9 dian tribe, or grantmaking entity that is the original recip10 ient of a grant or allotment under subsection (a), (b), (c),

11 or (d) of section 112 for a fiscal year shall be used to

12 build capacity through training, technical assistance, cur13 riculum development, and coordination activities, de14 scribed in section 111(a)(1).

15 ‘‘(c) FINANCIAL SUPPORT TO STUDENTS.—Funds

16 made available under this part may not be used to pay

17 any stipend, allowance, or other financial support to any

18 student who is a participant under this part, except reim19 bursement for transportation, meals, and other reasonable

20 out-of-pocket expenses directly related to participation in

21 a program assisted under this part.

22 ‘‘(d) PROHIBITION ON PAYMENTS FOR SALARIES

23 AND BENEFITS.—No partnership or qualified organiza24 tion may use funds made available under this subtitle to

25 pay for the costs of salaries and benefits of individuals
37

•S 1212 IS

1 who are participants or volunteers in any national service

2 program or any volunteer program, other than a program

3 under this part.

4 ‘‘SEC. 116B. DEFINITIONS.

5 ‘‘As used in this part:

6 ‘‘(1) COMMUNITY-BASED SERVICE-LEARNING

7 PROGRAM.—The term ‘community-based service8 learning program’ means a service-learning program

9 sponsored by a partnership that includes the entities

10 described in section 111(b)(2)(B).

11 ‘‘(2) GRANTMAKING ENTITY.—The term

12 ‘grantmaking entity’ means an organization de13 scribed in section 111B(a).

14 ‘‘(3) QUALIFIED ORGANIZATION.—The term

15 ‘qualified organization’ means an entity described in

16 any of paragraphs (1) through (5) of section 111(c).

17 ‘‘(4) SCHOOL-BASED SERVICE-LEARNING PRO18 GRAM.—The term ‘school-based service-learning pro19 gram’ means a service-learning program sponsored

20 by a partnership that includes the entities described

21 in section 111(b)(2)(A).

22 ‘‘(5) STUDENT.—Notwithstanding section

23 101(28), the term ‘student’ means an individual who

24 is enrolled in an elementary or secondary school on

25 a full- or part-time basis.’’.
38

•S 1212 IS

1 (b) HIGHER EDUCATION INNOVATIVE PROJECTS.—

2 Subtitle B of title I of the National and Community Serv3 ice Act of 1990 (42 U.S.C. 12531 et seq.) is amended

4 by striking part II and inserting the following:

5 ‘‘PART II—HIGHER EDUCATION INNOVATIVE

6 PROGRAMS FOR COMMUNITY SERVICE

7 ‘‘SEC. 119. HIGHER EDUCATION INNOVATIVE PROGRAMS

8 FOR COMMUNITY SERVICE.

9 ‘‘(a) PURPOSE.—It is the purpose of this part to ex10 pand participation in community service by supporting in11 novative community service programs that enable institu12 tions of higher education to act as civic institutions in

13 meeting the human, educational, environmental, or public

14 safety needs of neighboring communities.

15 ‘‘(b) GENERAL AUTHORITY.—The Corporation, in

16 consultation with the Secretary of Education, is author17 ized to make grants to, and enter into contracts with, in18 stitutions of higher education (including a combination of

19 such institutions), and partnerships comprised of such in20 stitutions and of other public agencies or not-for-profit

21 private organizations, to pay for the Federal share of the

22 cost of—

23 ‘‘(1) enabling such an institution or partnership

24 to create or expand an organized community service

25 program that—
39

•S 1212 IS

1 ‘‘(A) engenders a sense of social respon2 sibility and commitment to the community in

3 which the institution is located; and

4 ‘‘(B) provides projects for participants,

5 who shall be students, faculty, administration,

6 or staff of the institution, or residents of the

7 community;

8 ‘‘(2) supporting student-initiated and student9 designed community service projects through the

10 program;

11 ‘‘(3) facilitating the integration of community

12 service carried out under the program into academic

13 curricula, including integration of clinical programs

14 into the curriculum for students in professional

15 schools, so that students can obtain credit for their

16 community service projects;

17 ‘‘(4) supplementing the funds available to carry

18 out work-study programs under part C of title IV of

19 the Higher Education Act of 1965 (42 U.S.C. 2751

20 et seq.) to support service-learning and community

21 service through the community service program;

22 ‘‘(5) strengthening the service infrastructure

23 within institutions of higher education in the United

24 States through the program; and
40

•S 1212 IS

1 ‘‘(6) providing for the training of teachers, pro2 spective teachers, related education personnel, and

3 community leaders in the skills necessary to develop,

4 supervise, and organize service-learning.

5 ‘‘(c) FEDERAL SHARE.—

6 ‘‘(1) SHARE.—

7 ‘‘(A) IN GENERAL.—The Federal share of

8 the cost of carrying out a community service

9 project for which a grant or contract is awarded

10 under this part may not exceed 50 percent.

11 ‘‘(B) CALCULATION.—Each recipient of as12 sistance under this part shall comply with para13 graphs (2) and (3) of section 116(a).

14 ‘‘(2) WAIVER.—The Director may waive the re15 quirements of paragraph (1), in whole or in part, as

16 provided in section 116(b).

17 ‘‘(d) APPLICATION FOR GRANT.—

18 ‘‘(1) SUBMISSION.—To receive a grant or enter

19 into a contract under this part, an institution or

20 partnership described in subsection (b) shall pre21 pare, submit to the Corporation, and obtain approval

22 of, an application at such time and in such manner

23 as the Director may reasonably require.

24 ‘‘(2) CONTENTS.—
41

•S 1212 IS

1 ‘‘(A) REGULATIONS.—The Corporation

2 shall by regulation establish standards for the

3 information required to be contained in an ap4 plication submitted under paragraph (1).

5 ‘‘(B) ASSURANCES.—At a minimum, such

6 an application shall contain—

7 ‘‘(i) an assurance that the entity car8 rying out the program will develop an age9 appropriate learning component for partici10 pants in the program that shall include a

11 chance for participants to analyze and

12 apply their service experiences;

13 ‘‘(ii) an assurance that students and

14 community members including service re15 cipients shall be involved in the design and

16 implementation of the program;

17 ‘‘(iii) an assurance that the program

18 is consistent with the approved strategic

19 plan submitted under section 178 by the

20 State in which the program will be imple21 mented;

22 ‘‘(iv) an assurance that the applicant

23 will comply with the nonduplication and

24 nondisplacement provisions of section 177
42

•S 1212 IS

1 and grievance procedure requirements of

2 section 176(f); and

3 ‘‘(v) such other assurances as the Di4 rector may reasonably require.

5 ‘‘(e) DEFINITION.—Notwithstanding section

6 101(28), as used in this part, the term ‘student’ means

7 an individual who is enrolled in an institution of higher

8 education on a full- or part-time basis.

9 ‘‘PART III—GENERAL PROVISIONS

10 ‘‘SEC. 120. AVAILABILITY OF APPROPRIATIONS.

11 ‘‘Of the aggregate amount appropriated to carry out

12 this subtitle for each fiscal year—

13 ‘‘(1) a sum equal to 80 percent of such aggre14 gate amount shall be available to carry out part I;

15 and

16 ‘‘(2) a sum equal to 20 percent of such aggre17 gate amount shall be available to carry out part II.’’.

18 (c) TABLE OF CONTENTS.—Section 1(b) of the Na19 tional and Community Service Act of 1990 (Public Law

20 101–610; 104 Stat. 3127) is amended by striking the

21 items relating to subtitle B of title I of such Act and in22 serting the following:

‘‘Subtitle B—Service-Learning Programs

‘‘PART I—SERVE-AMERICA PROGRAMS

‘‘Sec. 111. Authority to assist States and Indian tribes.

‘‘Sec. 111A. Authority to assist local applicants in nonparticipating States.

‘‘Sec. 111B. Authority to assist public or private not-for-profit organizations.

‘‘Sec. 112. Grants and allotments.
43

•S 1212 IS

‘‘Sec. 113. State or tribal applications.

‘‘Sec. 114. Local applications.

‘‘Sec. 115. Consideration of applications.

‘‘Sec. 115A. Participation of students and teachers from private schools.

‘‘Sec. 116. Federal, State, and local contributions.

‘‘Sec. 116A. Limitations on uses of funds.

‘‘Sec. 116B. Definitions.

‘‘PART II—HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY

SERVICE

‘‘Sec. 119. Higher education innovative programs for community service.

‘‘PART III—GENERAL PROVISIONS

‘‘Sec. 120. Availability of appropriations.’’.

1 Subtitle C—National Service

2 Programs

3 SEC. 121. FEDERAL INVESTMENT IN SUPPORT OF NA4 TIONAL SERVICE.

5 (a) ASSISTANCE PROGRAM AUTHORIZED.—Subtitle

6 C of title I of the National and Community Service Act

7 of 1990 (42 U.S.C. 12541 et seq.) is amended to read

8 as follows:

9 ‘‘Subtitle C—National Service

10 Program

11 ‘‘PART I—INVESTMENT IN NATIONAL SERVICE

12 ‘‘SEC. 121. AUTHORITY TO PROVIDE ASSISTANCE.

13 ‘‘(a) PROVISION OF ASSISTANCE.—The Corporation

14 for National Service and Community Volunteers may

15 make grants to States, subdivisions of States, Indian

16 tribes, public and private not-for-profit organizations, and

17 institutions of higher education for the purpose of assist18 ing the recipients of the grants—
44

•S 1212 IS

1 ‘‘(1) to carry out full- or part-time national

2 service programs, including summer programs, de3 scribed in section 122(a); and

4 ‘‘(2) to make grants in support of other na5 tional service programs described in section 122(a)

6 that are carried out by other entities.

7 ‘‘(b) AGREEMENTS WITH FEDERAL AGENCIES.—

8 ‘‘(1) IN GENERAL.—The Corporation may enter

9 into a contract or cooperative agreement with an10 other Federal agency to support a national service

11 program carried out by the agency. The support pro12 vided by the Corporation pursuant to the contract or

13 cooperative agreement may include the transfer to

14 the Federal agency of funds available to the Cor15 poration.

16 ‘‘(2) NONDUPLICATION.—A Federal agency

17 that enters into a contract or cooperative agreement

18 under paragraph (1) to support a national service

19 program within a State—

20 ‘‘(A) shall consult with the State Commis21 sion serving the State to avoid duplication with

22 any service program that is in existence in the

23 State as of the date of the contract or coopera24 tive agreement; and
45

•S 1212 IS

1 ‘‘(B) shall, in an appropriate case, enter

2 into a contract or cooperative agreement with

3 an entity that is carrying out a service program

4 described in subparagraph (A) that is of high

5 quality, in order to support the national service

6 program.

7 ‘‘(3) APPLICATION OF REQUIREMENTS.—A

8 Federal agency receiving assistance under this sub9 section shall comply with the Federal share require10 ments of section 129(c)(2)(B). The supplementation

11 requirements specified in section 173 shall apply

12 with respect to the Federal National Service pro13 grams supported with such assistance.

14 ‘‘(c) LIMITATION ON ADMINISTRATIVE COSTS.—

15 ‘‘(1) LIMITATION.—Of the amount of assistance

16 provided to the original recipient of a grant or trans17 fer of assistance under subsection (a) or (b) for a

18 fiscal year—

19 ‘‘(A) not more than 2.5 percent of such

20 amount may be used to pay for administrative

21 costs incurred by the original recipient; and

22 ‘‘(B) not more than 2.5 percent of such

23 amount may be used to pay for administrative

24 costs incurred by the entity carrying out the na-
46

•S 1212 IS

1 tional service programs receiving assistance

2 under this subtitle.

3 ‘‘(2) REGULATIONS.—For purposes of para4 graph (1), the Corporation shall by regulation, de5 termine acceptable categories of administrative costs.

6 ‘‘(d) MATCHING FUNDS REQUIREMENTS.—

7 ‘‘(1) REQUIREMENTS.—Except as provided in

8 section 129(c)(2)(B), the Federal share of the cost

9 of carrying out a national service program that re10 ceives the assistance under subsection (a), whether

11 the assistance is provided directly or as a subgrant

12 from the original recipient of the assistance, may not

13 exceed 75 percent of such cost.

14 ‘‘(2) CALCULATION.—In providing for the re15 maining share of the cost of carrying out a national

16 service program, a recipient of assistance under this

17 subtitle—

18 ‘‘(A) shall provide for such share through

19 a payment in cash or in kind, fairly evaluated,

20 including facilities, equipment, or services; and

21 ‘‘(B) may provide for such share through

22 State sources, local sources, or other Federal

23 sources (other than the use of funds made

24 available under the national service laws, in25 cluding subtitles B, E, and H of title I, and
47

•S 1212 IS

1 title III, of the National and Community Serv2 ice Act of 1990 (42 U.S.C. 12521 et seq.,

3 12591 et seq., 12653 et seq., and 12661 et

4 seq.), title XI of the Higher Education Act of

5 1965 (20 U.S.C. 1136 et seq.), parts A and B

6 of title I, section 124, and title II, of the Do7 mestic Volunteer Service Act of 1973. (42

8 U.S.C. 4951 et seq., 4971 et seq., 4994, and

9 5000 et seq.), and Public Law 91–378 (16

10 U.S.C. 1701–1706; commonly known as the

11 ‘‘Youth Conservation Corps Act of 1970’’)).

12 ‘‘(3) WAIVER.—The Corporation may waive in

13 whole or in part the requirements of paragraph (1)

14 with respect to a national service program in any fis15 cal year if the Corporation determines that such a

16 waiver would be equitable due to a demonstrated

17 lack of available financial resources at the local level.

18 ‘‘SEC. 122. TYPES OF NATIONAL SERVICE PROGRAMS ELIGI19 BLE FOR PROGRAM ASSISTANCE.

20 ‘‘(a) ELIGIBLE NATIONAL SERVICE PROGRAMS.—

21 The recipient of a grant under section 121(a) and each

22 Federal agency receiving assistance under section 121(b)

23 shall use the assistance, directly or through subgrants to

24 other entities, to carry out full- or part-time national serv25 ice programs, including summer programs, that address
48

•S 1212 IS

1 unmet human, educational, environmental, or public safe2 ty needs. Subject to subsection (b)(1), these national serv3 ice programs may include the following types of national

4 service programs:

5 ‘‘(1) A community corps program that promotes

6 greater community unity through the use of orga7 nized teams of participants of varied social and eco8 nomic backgrounds, skill levels, physical capabilities,

9 ages, ethnic backgrounds, or genders.

10 ‘‘(2) A full-time youth corps program carried

11 out during the summer months or throughout the

12 full calendar year, such as a conservation corps or

13 youth service corps (including a conservation corps

14 or youth service corps that performs service on Fed15 eral or other public lands or on Indian lands),

16 that—

17 ‘‘(A) undertakes meaningful full-time serv18 ice projects with visible benefits to a commu19 nity, including natural resource, urban renova20 tion, or human services projects;

21 ‘‘(B) includes as participants youth and

22 young adults between the ages of 16 and 25, in23 clusive, including out-of-school youth and other

24 economically disadvantaged youth, and individ-
49

•S 1212 IS

1 uals with disabilities, who are between those

2 ages; and

3 ‘‘(C) provides those participants who are

4 youth and young adults with—

5 ‘‘(i) crew-based, highly structured,

6 and adult-supervised work experience, life

7 skills, education, career guidance and

8 counseling, employment training, and sup9 port services; and

10 ‘‘(ii) the opportunity to develop citi11 zenship values and skills through service to

12 their community and the United States.

13 ‘‘(3) A program that provides specialized train14 ing to individuals in service-learning and places the

15 individuals after such training in positions, including

16 positions as service-learning coordinators, to facili17 tate service-learning in programs eligible for funding

18 under part I subtitle B.

19 ‘‘(4) A service program that is targeted at spe20 cific unmet human, educational, environmental, or

21 public safety needs and that—

22 ‘‘(A) recruits individuals with special skills

23 or provides specialized preservice training to en24 able participants to be placed individually or in
50

•S 1212 IS

1 teams in positions in which the participants can

2 meet such unmet needs; and

3 ‘‘(B) brings participants together for addi4 tional training and other activities designed to

5 foster civic responsibility, increase the skills of

6 participants, and improve the quality of the

7 service provided.

8 ‘‘(5) An individualized placement program that

9 includes regular group activities, such as leadership

10 training and special service projects.

11 ‘‘(6) A campus-based program that is designed

12 to provide substantial service in a community during

13 the school term and during summer or other vaca14 tion periods through the use of—

15 ‘‘(A) students who are attending an insti16 tution of higher education, including students

17 supported by work-study funds under part C of

18 title IV of the Higher Education Act of 1965

19 (42 U.S.C. 2751 et seq.);

20 ‘‘(B) teams composed of such students; or

21 ‘‘(C) teams composed of a combination of

22 such students and community residents.

23 ‘‘(7) A preprofessional training program in

24 which students enrolled in an institution of higher

25 education—
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•S 1212 IS

1 ‘‘(A) receive training in specified fields,

2 which may include classes containing service3 learning;

4 ‘‘(B) perform service related to such train5 ing outside the classroom during the school

6 term and during summer or other vacation peri7 ods; and

8 ‘‘(C) agree to provide at least 1 year of

9 service upon graduation to meet unmet human,

10 educational, environmental, or public safety

11 needs related to such training.

12 ‘‘(8) A professional corps program that recruits

13 and places qualified participants in positions—

14 ‘‘(A) as police officers, early childhood de15 velopment staff, social workers, or other profes16 sionals providing service to meet educational,

17 human, environmental, or public safety needs in

18 communities with an inadequate number of

19 such professionals;

20 ‘‘(B) that may include a salary in excess of

21 the maximum living allowance authorized in

22 subsection (a)(3) of section 140, as provided in

23 subsection (c) of such section; and

24 ‘‘(C) that are sponsored by public or pri25 vate not-for-profit employers who agree to pay
52

•S 1212 IS

1 100 percent of the salaries and benefits (other

2 than any national service benefit under section

3 123 and the post-service benefits under section

4 146) of the participants.

5 ‘‘(9) A program in which economically dis6 advantaged individuals who are between the ages of

7 16 and 24 years of age, inclusive, are provided with

8 opportunities to perform service that, while enabling

9 such individuals to obtain the education and employ10 ment skills necessary to achieve economic self-suffi11 ciency, will help their communities meet—

12 ‘‘(A) the housing needs of low-income fam13 ilies and the homeless; and

14 ‘‘(B) the need for community facilities in

15 low-income areas.

16 ‘‘(10) A national service entrepreneur program

17 that identifies, recruits, and trains gifted young

18 adults of all backgrounds and assists them in de19 signing solutions to community problems.

20 ‘‘(11) An intergenerational program that com21 bines students, out-of-school youth, and older adults

22 as participants to provide needed community serv23 ices, including an intergenerational component of a

24 national service program described in paragraphs (1)

25 through (10), paragraph (12) or paragraph (13).
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•S 1212 IS

1 ‘‘(12) A program utilizing public school facili2 ties, after regular school hours and during weekends

3 and summers, to provide children in distressed com4 munities with curriculum-based, supervised edu5 cational, recreational and cultural activities in safe

6 and secure environments and to coordinate the deliv7 ery of social services to the children of the commu8 nity.

9 ‘‘(13) Such other national service programs ad10 dressing unmet human, educational, environmental,

11 or public safety needs consistent with the strategic

12 plan of the State Commission, if funded through the

13 Commission, or consistent with the Corporation’s

14 strategic plan, if funded directly by the Corporation.

15 ‘‘(b) QUALIFICATION CRITERIA TO DETERMINE ELI16 GIBILITY.—

17 ‘‘(1) ESTABLISHMENT BY CORPORATION.—The

18 Corporation shall establish qualification criteria for

19 different types of national service programs for the

20 purpose of determining whether a particular national

21 service program should be considered to be a na22 tional service program eligible to receive assistance

23 under this subtitle.

24 ‘‘(2) CONSULTATION.—In establishing qualifica25 tion criteria under paragraph (1), the Corporation
54

•S 1212 IS

1 shall consult with organizations and individuals that

2 have extensive experience in developing and admin3 istering effective national service programs.

4 ‘‘(3) APPLICATION TO SUBGRANTS.—The quali5 fication criteria established by the Corporation under

6 paragraph (1) shall also be used by each recipient of

7 assistance under section 121(a) that uses any por8 tion of the assistance to conduct a grant program to

9 support other national service programs.

10 ‘‘(4) WAIVER.—With respect to a proposed na11 tional service program that does not meet the quali12 fication criteria established under paragraph (1), the

13 Corporation may waive such criteria with respect to

14 such program if the Corporation determines that

15 such program is uniquely innovative in nature.

16 ‘‘(c) NATIONAL SERVICE PRIORITIES FOR THE COR17 PORATION.—

18 ‘‘(1) ESTABLISHMENT BY CORPORATION.—In

19 order to concentrate national efforts on meeting cer20 tain unmet human, educational, environmental, or

21 public safety needs and to achieve the other pur22 poses of this Act, the Corporation shall establish

23 and, through the 5-year strategic plan process de24 scribed in subtitle G, periodically alter priorities re25 garding the types of national service programs to be
55

•S 1212 IS

1 assisted under section 129(c) and the purposes for

2 which such assistance may be used.

3 ‘‘(2) NOTICE TO APPLICANTS.—The Corpora4 tion shall provide advance notice to potential appli5 cants under 129(c) of any national service priorities

6 to be in effect under this subsection for a fiscal year.

7 The notice shall specifically include—

8 ‘‘(A) a description of any alteration made

9 in the priorities since the previous notice; and

10 ‘‘(B) a description of the national service

11 programs that are designated by the Corpora12 tion under section 133(d)(2) as eligible for pri13 ority consideration in the next competitive dis14 tribution of assistance under section 129(c).

15 ‘‘(3) REGULATIONS.—The Corporation shall by

16 regulation establish procedures to ensure the equi17 table treatment of national service programs.

18 ‘‘(4) APPLICATION TO SUBGRANTS.—National

19 service priorities established by the Corporation

20 under this subsection shall be used by a recipient of

21 funds under section 129(c) if that recipient uses any

22 portion of such funds to conduct a grant program to

23 support other national service programs.

24 ‘‘(5) ENCOURAGEMENT OF INTERGEN25 ERATIONAL COMPONENTS OF PROGRAMS.—The Cor-
56

•S 1212 IS

1 poration shall encourage national service programs

2 eligible to receive assistance under this subtitle to

3 establish, if consistent with the purposes of the pro4 gram, an intergenerational component of the pro5 gram that combines students, out-of-school youth,

6 and older adults as participants.

7 ‘‘SEC. 123. DEMONSTRATION EFFORTS CONCERNING EDU8 CATIONAL OR OTHER POST-SERVICE BENE9 FITS.

10 ‘‘(a) ESTABLISHMENT.—The Corporation shall estab11 lish demonstration programs to determine the most effec12 tive and efficient means for implementing educational or

13 other incentives necessary for a successful national service

14 program.

15 ‘‘(b) TREATMENT OF PARTICIPANTS.—Participants

16 in demonstration programs under subsection (a) shall be

17 treated in the same manner as if they were participants

18 in national service programs funded under this subtitle,

19 except that such participants shall not be eligible for post20 service benefits under section 141.

21 ‘‘(c) REPORT.—Not later than 18 months after the

22 date of enactment of this subtitle, the Corporation shall

23 prepare and submit to the appropriate committees of Con24 gress a report concerning the results of the demonstration

25 programs established under subsection (a), and a descrip-
57

•S 1212 IS

1 tion of the knowledge derived from existing national serv2 ice-related programs conducted by Federal or State gov3 ernments, including recommendations for legislative ac4 tion.

5 ‘‘SEC. 124. TYPES OF PROGRAM ASSISTANCE.

6 ‘‘(a) PLANNING ASSISTANCE.—The Corporation may

7 provide assistance under section 121 to a qualified appli8 cant that submits an application under section 130 for the

9 planning of a national service program. Assistance pro10 vided in accordance with this subsection may cover a pe11 riod of not more than 9 months.

12 ‘‘(b) OPERATIONAL ASSISTANCE.—

13 ‘‘(1) IN GENERAL.—The Corporation may pro14 vide assistance under section 121 to a qualified ap15 plicant that submits an application under section

16 130 for the establishment, operation, or expansion of

17 a national service program. Assistance provided in

18 accordance with this subsection may cover a period

19 of not more than 3 years, but may be renewed by

20 the Corporation upon consideration of a new applica21 tion under section 130.

22 ‘‘(2) LIMITATIONS.—The amount of any assist23 ance provided to an applicant under paragraph (1)

24 shall be limited to an amount that does not exceed

25 60 percent of the costs incurred by the applicant in
58

•S 1212 IS

1 establishing, operating or expanding a national serv2 ice program. Amounts made available under para3 graph (1) may not be used for the operational costs

4 of the State Commission.

5 ‘‘(c) REPLICATION ASSISTANCE.—The Corporation

6 may provide assistance under section 121 to a qualified

7 applicant that submits an application under section 130

8 for the expansion of a proven national service program to

9 another geographical location. Assistance provided in ac10 cordance with this subsection may cover a period of not

11 more than 3 years, but may be renewed by the Corpora12 tion upon consideration of a new application under section

13 130.

14 ‘‘(d) APPLICATION TO SUBGRANTS.—The require15 ments of this section shall apply to any State or other

16 applicant receiving assistance under section 121 that pro17 poses to conduct a grant program using the assistance to

18 support other national service programs.

19 ‘‘SEC. 125. OTHER SPECIAL ASSISTANCE.

20 ‘‘(a) SUPPORT FOR STATE COMMISSIONS.—

21 ‘‘(1) ASSISTANCE AUTHORIZED.—The Corpora22 tion shall make assistance available to assist a State

23 to establish or operate the State Commission re24 quired to be established by the State under section

25 178.
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•S 1212 IS

1 ‘‘(2) AMOUNT OF ASSISTANCE.—The amount of

2 assistance that may be provided to a State Commis3 sion under this subsection, together with other Fed4 eral funds available to establish or operate the State

5 Commission, may not exceed—

6 ‘‘(A) 75 percent of the total cost to estab7 lish or operate the State Commission for the

8 first year for which the State Commission re9 ceives assistance under this subsection; and

10 ‘‘(B) such smaller percentage of such cost

11 as the Corporation may establish for the sec12 ond, third, and fourth years of such assistance

13 in order to ensure that the Federal share does

14 not exceed 50 percent of such costs for the fifth

15 year, and any subsequent year, for which the

16 State Commission receives assistance under this

17 subsection.

18 ‘‘(b) DISASTER SERVICE.—The Corporation may un19 dertake activities, including activities carried out under

20 part A of title I of the Domestic Volunteer Service Act

21 of 1973, to involve programs that receive assistance under

22 the national service laws in disaster relief efforts.

23 ‘‘(c) CHALLENGE GRANTS FOR NATIONAL SERVICE

24 PROGRAMS.—
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•S 1212 IS

1 ‘‘(1) IN GENERAL.—The Corporation may

2 award challenge grants under this subsection to na3 tional service programs that receive assistance under

4 section 121.

5 ‘‘(2) CRITERIA.—The Corporation shall develop

6 criteria for the selection of recipients of challenge

7 grants under paragraph (1), so as to make the

8 grants widely available to a variety of programs

9 that—

10 ‘‘(A) are high-quality national service pro11 grams; and

12 ‘‘(B) are carried out by entities with dem13 onstrated experience in establishing and imple14 menting projects that provide benefits to par15 ticipants and communities.

16 ‘‘(3) AMOUNT OF ASSISTANCE.—A challenge

17 grant under this subsection may provide not more

18 than $1 of assistance under this subsection for each

19 $1 in cash raised by the national service program

20 from private sources in excess of amounts required

21 to be provided by the program to satisfy matching

22 funds requirements under section 121(e). The Cor23 poration shall establish a ceiling on the amount of

24 assistance that may be provided to a national service

25 program under this subsection.
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•S 1212 IS

1 ‘‘PART II—APPLICATION AND APPROVAL

2 PROCESS

3 ‘‘SEC. 129. PROVISION OF ASSISTANCE BY COMPETITIVE

4 AND OTHER MEANS.

5 ‘‘(a) ALLOTMENTS OF ASSISTANCE TO STATES AND

6 INDIAN TRIBES.—

7 ‘‘(1) 50 PERCENT ALLOTMENT OF ASSIST8 ANCE.—Of the funds allocated by the Corporation

9 for the provision of assistance under subsections (a)

10 and (b) of section 121 for a fiscal year, the Corpora11 tion shall make a grant under section 121(a) to each

12 of the several States (through the State Commission

13 of the State), the District of Columbia, and the

14 Commonwealth of Puerto Rico that has an applica15 tion approved by the Corporation under section 133.

16 The amount allotted as a grant to each such State

17 under this paragraph for a fiscal year shall be equal

18 to the amount that bears the same ratio to 50 per19 cent of the allocated funds for that fiscal year as the

20 population of the State bears to the total population

21 of the several States, the District of Columbia, and

22 the Commonwealth of Puerto Rico.

23 ‘‘(2) ONE PERCENT ALLOTMENT OF ASSIST24 ANCE.—Of the funds allocated by the Corporation

25 for provision of assistance under subsections (a) and

26 (b) of section 121 for a fiscal year, the Corporation
62

•S 1212 IS

1 shall reserve 1 percent of the allocated funds for

2 grants under section 121(a) to Indian tribes, the

3 Virgin Islands, Guam, American Samoa, and the

4 Commonwealth of the Northern Mariana Islands, to

5 be allotted by the Corporation on a competitive basis

6 in accordance with their respective needs. Palau

7 shall also be eligible for a grant under this para8 graph from the 1 percent allotment until such time

9 as the Compact of Free Association with Palau is

10 ratified.

11 ‘‘(3) ALLOTMENT OF ASSISTANCE FOR NATIVE

12 HAWAIIANS.—Of the funds allocated by the Corpora13 tion for provision of assistance under subsections (a)

14 and (b) of section 121 for a fiscal year, the Corpora15 tion shall reserve .2 percent of the allocated funds

16 for grants under section 121(a) to Native Hawaiian

17 entities, to be allotted by the Corporation on a com18 petitive basis in accordance with their respective

19 needs.

20 ‘‘(4) EFFECT OF FAILURE TO APPLY.—If a

21 State or Indian tribe fails to apply for, or fails to

22 give notice to the Corporation of its intent to apply

23 for, an allotment under this subsection, the Corpora24 tion shall use the amount that would have been al-
63

•S 1212 IS

1 lotted under this subsection to the State or Indian

2 tribe—

3 ‘‘(A) to make grants to other eligible enti4 ties under section 121 that propose to carry out

5 national service programs in the State or on be6 half of the Indian tribe; and

7 ‘‘(B) after making grants under paragraph

8 (1), to make a reallotment to other States and

9 Indian tribes with approved applications under

10 section 130.

11 ‘‘(b) RESERVATION FOR SPECIAL ASSISTANCE.—

12 Subject to section 501(a)(2), of the funds allocated by the

13 Corporation for provision of assistance under subsections

14 (a) and (b) of section 121 for a fiscal year, the Corpora15 tion may not reserve more than $10,000,000, or 1 percent

16 of such funds, whichever is less, for a fiscal year for chal17 lenge grants under section 125(c).

18 ‘‘(c) COMPETITIVE DISTRIBUTION OF REMAINING

19 FUNDS.—

20 ‘‘(1) STATE COMPETITION.—Of the funds allo21 cated by the Corporation for the provision of assist22 ance under subsections (a) and (b) of section 121

23 for a fiscal year, the Corporation shall use not less

24 than 30 percent of the allocated funds to make
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•S 1212 IS

1 grants to States (through the State Commissions)

2 on a competitive basis under section 121(a).

3 ‘‘(2) FEDERAL AGENCIES AND OTHER APPLI4 CANTS.—

5 ‘‘(A) IN GENERAL.—The Corporation shall

6 distribute on a competitive basis to subdivisions

7 of States (through the State Commissions), In8 dian tribes, public and private not-for-profit or9 ganizations, institutions of higher education,

10 and Federal agencies the remainder of the

11 funds allocated by the Corporation for the pro12 vision of assistance under section 121 for a fis13 cal year, after the operation of paragraph (1)

14 and subsections (a) and (b).

15 ‘‘(B) FEDERAL SHARE.—Notwithstanding

16 section 121(e), if a Federal agency proposes to

17 carry out a national service program using

18 funds made available under subparagraph (A),

19 and the Federal agency is authorized to use

20 funds made available under Federal law (other

21 than the national service laws, including sub22 titles B, E, and H of title I, and title III, of

23 the National and Community Service Act of

24 1990 (42 U.S.C. 12521 et seq., 12591 et seq.,

25 12653 et seq., and 12661 et seq.), title XI of
65

•S 1212 IS

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

2 1136 et seq.), parts A and B of title I, section

3 124, and title II, of the Domestic Volunteer

4 Service Act of 1973. (42 U.S.C. 4951 et seq.,

5 4971 et seq., 4994, and 5000 et seq.), and Pub6 lic Law 91–378 (16 U.S.C. 1701–1706; com7 monly known as the ‘‘Youth Conservation Corps

8 Act of 1970’’)) to carry out such a program,

9 the Federal share attributable to this paragraph

10 of the cost of carrying out the national service

11 program shall be 50 percent of such cost. The

12 Director may by regulation specify the sources

13 that may be used by the Federal agency to pro14 vide for the remaining share of such cost.

15 ‘‘(C) FEDERAL AGENCIES.—The Corpora16 tion may not distribute more than 30 percent of

17 such remainder to Federal agencies for a fiscal

18 year under subparagraph (A).

19 ‘‘(D) LIMITATIONS.—The Corporation

20 shall limit the categories of eligible applicants

21 for assistance under this paragraph consistent

22 with the priorities established by the Corpora23 tions under section 133(d)(2).

24 ‘‘(d) APPLICATION REQUIRED.—The allotment of as25 sistance to a State or an Indian tribe under subsection
66

•S 1212 IS

1 (a), and the competitive distribution of assistance under

2 subsection (c), shall be made by the Corporation only pur3 suant to an application submitted by a State or other ap4 plicant under section 130 and approved by the Corpora5 tion under section 133.

6 ‘‘SEC. 130. APPLICATION FOR ASSISTANCE.

7 ‘‘(a) TIME, MANNER, AND CONTENT OF APPLICA8 TION.—To be eligible to receive assistance under section

9 121 for participants who serve in the national service pro10 grams to be carried out using the assistance, a State, sub11 division of a State, Indian tribe, public or private not-for12 profit organization, institution of higher education, or

13 Federal agency shall prepare and submit to the Corpora14 tion an application at such time, in such manner, and con15 taining such information as the Corporation may reason16 ably require.

17 ‘‘(b) TYPES OF APPLICATION INFORMATION.—In

18 order to have adequate information upon which to consider

19 an application under section 133, the Corporation shall

20 by regulations establish requirements with respect to the

21 content of applications submitted under this section. Such

22 requirements shall specify that such an application shall

23 contain information demonstrating that the programs will

24 be carried out in a manner consistent with the strategic

25 plan submitted for the State involved under section 178.
67

•S 1212 IS

1 ‘‘(c) SPECIAL RULE FOR STATE APPLICANTS.—

2 ‘‘(1) SUBMISSION BY STATE COMMISSION.—The

3 application of a State for a grant under section

4 121(a) shall be submitted by the State Commission.

5 ‘‘(2) COMPETITIVE SELECTION.—The applica6 tion of a State shall contain an assurance that all

7 assistance provided under section 121(a) to the

8 State will be used to support national service pro9 grams that were selected by the State on a competi10 tive basis.

11 ‘‘(3) ASSISTANCE TO NONSTATE ENTITIES.—

12 The application of a State shall also contain an as13 surance that not less than 70 percent of the assist14 ance will be used to make grants in support of na15 tional service programs other than national service

16 programs carried out by a State agency. The Cor17 poration may permit a State to deviate from the per18 centage specified by this subsection if the State has

19 not received a sufficient number of acceptable appli20 cations to comply with the percentage.

21 ‘‘(d) SPECIAL RULE FOR CERTAIN SERVICE SPON22 SORS.—In the case of an applicant that proposes to serve

23 as the service sponsor, the application shall include the

24 written concurrence of any local labor organization rep25 resenting employees of the applicant who are engaged in
68

•S 1212 IS

1 the same or substantially similar work as that proposed

2 to be carried out.

3 ‘‘(e) LIMITATION ON SAME PROJECT IN MULTIPLE

4 APPLICATIONS.—The Corporation shall reject an applica5 tion submitted under this section if a project proposed to

6 be conducted using assistance requested by the applicant

7 is already described in another application pending before

8 the Corporation.

9 ‘‘SEC. 131. NATIONAL SERVICE PROGRAM ASSISTANCE RE10 QUIREMENTS.

11 ‘‘(a) IMPACT ON COMMUNITIES.—An application sub12 mitted under section 130 shall include an assurance by

13 the applicant that any national service program carried

14 out by the applicant using assistance provided under sec15 tion 121 and any national service program supported by

16 a grant made by the applicant using such assistance will—

17 ‘‘(1) address unmet human, educational, envi18 ronmental, or public safety needs through services

19 that provide a direct benefit to the community in

20 which the service is performed;

21 ‘‘(2) comply with the nonduplication and

22 nondisplacement requirements of section 177; and

23 ‘‘(3) be consistent with the State or Corpora24 tion strategic plan (based on the funding source uti25 lized)).
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1 ‘‘(b) IMPACT ON PARTICIPANTS.—An application

2 submitted under section 130 shall also include an assur3 ance by the applicant that any national service program

4 carried out by the applicant using assistance provided

5 under section 121 and any national service program sup6 ported by a grant made by the applicant using such assist7 ance will—

8 ‘‘(1) provide participants in the national service

9 program with the training, skills, and knowledge

10 necessary for the projects that participants are

11 called upon to perform;

12 ‘‘(2) as appropriate, provide support services to

13 participants, such as the provision of information

14 and support—

15 ‘‘(A) to those participants who are com16 pleting a term of service and making the transi17 tion to other educational and career opportuni18 ties; and

19 ‘‘(B) to those participants who are school

20 dropouts in order to assist those participants in

21 earning the equivalent of a high school diploma;

22 and

23 ‘‘(3) place participants in a national service

24 program who are receiving benefits or assistance

25 under any Federal, State or local program financed
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•S 1212 IS

1 in whole or in part with Federal funds in positions

2 which provide education, career training, and job

3 specific skills necessary for gainful employment.

4 ‘‘(c) CONSULTATION.—An application submitted

5 under section 130 shall also include an assurance by the

6 applicant that any national service program carried out

7 by the applicant using assistance provided under section

8 121 and any national service program supported by a

9 grant made by the applicant using such assistance will—

10 ‘‘(1) provide in the design, recruitment, and op11 eration of the program for broad-based input from

12 the community served, individuals eligible to serve as

13 participants in the program, community-based agen14 cies with a demonstrated record of experience in pro15 viding services, and local labor organizations rep16 resenting employees of service sponsors; and

17 ‘‘(2) in the case of a program that is not fund18 ed through a State, consult with and coordinate ac19 tivities with the State Commission for the State in

20 which the program operates.

21 ‘‘(d) EVALUATION AND PERFORMANCE GOALS.—

22 ‘‘(1) IN GENERAL.—An application submitted

23 under section 130 shall also include an assurance by

24 the applicant that the applicant will—
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•S 1212 IS

1 ‘‘(A) arrange for an independent evalua2 tion of any national service program carried out

3 using assistance provided to the applicant under

4 section 121;

5 ‘‘(B) develop measurable performance

6 goals and evaluation methods (such as the use

7 of surveys of participants and persons served),

8 which are to be used as part of such evaluation

9 to determine the impact of the program—

10 ‘‘(i) on communities and persons

11 served by the projects performed by the

12 program;

13 ‘‘(ii) on participants who take part in

14 the projects; and

15 ‘‘(iii) in such other areas as the Cor16 poration may require; and

17 ‘‘(C) cooperate with any evaluation activi18 ties undertaken by the Corporation.

19 ‘‘(2) ALTERNATIVE EVALUATION REQUIRE20 MENTS.—The Corporation may establish alternative

21 evaluation requirements for national service pro22 grams based upon the amount of assistance received

23 under section 121 or received by a grant made by

24 a recipient of assistance under such section. The de25 termination of whether a national service program is
72

•S 1212 IS

1 covered by this paragraph shall be made in such

2 manner as the Corporation may prescribe.

3 ‘‘(e) LIVING ALLOWANCES AND OTHER INSERVICE

4 BENEFITS.—Except as provided in section 140(c), an ap5 plication submitted under section 130 shall also include

6 an assurance by the applicant that the applicant will—

7 ‘‘(1) provide a living allowance and other bene8 fits specified in section 140 to participants in any

9 national service program carried out by the appli10 cant using assistance provided under section 121;

11 and

12 ‘‘(2) require that each national service program

13 that receives a grant from the applicant using such

14 assistance will also provide a living allowance and

15 other benefits specified in section 140 to participants

16 in the program.

17 ‘‘(f) SELECTION OF PARTICIPANTS FROM INDIVID18 UALS RECRUITED BY CORPORATION OR STATE COMMIS19 SIONS.—The Corporation may also require an assurance

20 by the applicant that any national service program carried

21 out by the applicant using assistance provided under sec22 tion 129(c)(2) and any national service program supported

23 by a grant made by the applicant using such assistance

24 will select a portion of the participants for the program

25 from among prospective participants recruited by the Cor-
73

•S 1212 IS

1 poration or State Commissions under section 138(d). Ap2 plicants awarded grants under subsection (a) or (c)(1) of

3 section 129 may select participants from among prospec4 tive participants recruited by the Corporation under sec5 tion 138(d).

6 ‘‘SEC. 132. INELIGIBLE SERVICE CATEGORIES.

7 ‘‘An application submitted to the Corporation under

8 section 130 shall include an assurance by the applicant

9 that any national service program carried out using assist10 ance provided under section 121 provided to an applicant

11 will not be used to perform service that provides a direct

12 benefit to any—

13 ‘‘(1) business organized for profit;

14 ‘‘(2) labor union;

15 ‘‘(3) partisan political organization;

16 ‘‘(4) organization engaged in religious activities,

17 unless such service does not involve the use of assist18 ance provided under section 121 or participants to

19 give religious instruction, conduct worship services,

20 or engage in any form of proselytization; or

21 ‘‘(5) organization whose primary purpose is to

22 influence public policies or engage in legislative ad23 vocacy activities.
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1 ‘‘SEC. 133. CONSIDERATION OF APPLICATIONS.

2 ‘‘(a) CORPORATION CONSIDERATION OF CERTAIN

3 CRITERIA.—The Corporation shall apply the criteria de4 scribed in subsections (c) and (d) in determining whether

5 to approve an application submitted under section 130 and

6 provide assistance under section 121 to the applicant.

7 ‘‘(b) APPLICATION TO SUBGRANTS.—A State or

8 other entity that uses assistance provided under section

9 121(a) to support national service programs selected on

10 a competitive basis to receive a share of the assistance

11 shall use the criteria described in subsections (c) and (d)

12 when considering an application submitted by a national

13 service program to receive a portion of such assistance.

14 The application of the State or other entity under section

15 130 shall contain—

16 ‘‘(1) a certification that the State or other en17 tity complied with these criteria in the selection of

18 national service programs to receive assistance;

19 ‘‘(2) a description of the jobs or positions into

20 which participants will be placed using such assist21 ance, including descriptions of specific tasks to be

22 performed by such participants; and

23 ‘‘(3) a description of the minimum qualifica24 tions which individuals must meet to become partici25 pants in such programs.
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•S 1212 IS

1 ‘‘(c) ASSISTANCE CRITERIA.—The criteria required

2 to be applied in evaluating applications submitted under

3 section 130 are as follows:

4 ‘‘(1) The quality of the national service pro5 gram proposed to be carried out directly by the ap6 plicant or supported by a grant from the applicant.

7 ‘‘(2) The innovative aspects of the national

8 service program, and the feasibility of replicating the

9 program.

10 ‘‘(3) The sustainability of the national service

11 program, based on evidence such as the existence—

12 ‘‘(A) of strong and broad-based community

13 support for the program; and

14 ‘‘(B) of multiple funding sources or private

15 funding for the program.

16 ‘‘(4) The quality of the leadership of the na17 tional service program, the past performance of the

18 program, and the extent to which the program

19 builds on existing programs.

20 ‘‘(5) The extent to which participants of the na21 tional service program are recruited from among

22 residents of the communities in which projects are to

23 be conducted, and the extent to which participants

24 and community residents are involved in the design,

25 leadership, and operation of the program.
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1 ‘‘(6) The extent to which projects would be con2 ducted in areas where they are needed most, such

3 as—

4 ‘‘(A) communities designated as enterprise

5 zones or redevelopment areas, targeted for spe6 cial economic incentives, or otherwise identifi7 able as having high concentrations of low8 income people;

9 ‘‘(B) areas that are environmentally dis10 tressed; or

11 ‘‘(C) areas adversely affected by reductions

12 in defense spending or the closure or realign13 ment of military installations.

14 ‘‘(7) In the case of applicants other than

15 States, the extent to which the application is consist16 ent with the application under section 130 of the

17 State in which the projects would be conducted.

18 ‘‘(8) Such other criteria as the Corporation con19 siders to be appropriate.

20 ‘‘(d) OTHER CONSIDERATIONS.—

21 ‘‘(1) GEOGRAPHIC DIVERSITY.—The Corpora22 tion shall ensure that recipients of assistance pro23 vided under section 121 are geographically diverse

24 and include projects to be conducted in those urban
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1 and rural areas in a State with the highest rates of

2 poverty.

3 ‘‘(2) PRIORITIES.—The Corporation may des4 ignate, under such criteria as may be established by

5 the Corporation, certain national service programs

6 or types of national service programs described in

7 section 122(a) for priority consideration in the com8 petitive distribution of funds under section 129(c).

9 ‘‘(3) REVIEW PANEL.—The Director shall es10 tablish panels of experts and practitioners for the

11 purpose of securing recommendations on applica12 tions submitted under section 130 for more than

13 $100,000 in assistance and consider the opinions of

14 such panels prior to making such determinations.

15 ‘‘(e) REJECTION OF STATE APPLICATIONS.—

16 ‘‘(1) NOTIFICATION OF STATE APPLICANTS.—If

17 the Corporation rejects an application submitted by

18 a State Commission under section 130 for funds de19 scribed in section 129(a)(1), the Corporation shall

20 promptly notify the State Commission of the reasons

21 for the rejection of the application.

22 ‘‘(2) RESUBMISSION AND RECONSIDERATION.—

23 The Corporation shall provide a State Commission

24 notified under paragraph (1) with a reasonable op25 portunity to revise and resubmit the application. At
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1 the request of the State Commission, the Corpora2 tion shall provide technical assistance to the State

3 Commission as part of the resubmission process.

4 The Corporation shall promptly reconsider an appli5 cation resubmitted under this paragraph.

6 ‘‘(3) REALLOTMENT.—The amount of any

7 State’s allotment under section 129(a) for a fiscal

8 year that the Corporation determines will not be

9 provided for that fiscal year shall be available for

10 distribution by the Corporation as provided in para11 graph (3) of such subsection.

12 ‘‘PART III—NATIONAL SERVICE PARTICIPANTS

13 ‘‘SEC. 137. DESCRIPTION OF PARTICIPANTS.

14 ‘‘(a) IN GENERAL.—For purposes of this subtitle, an

15 individual shall be considered to be a participant in a na16 tional service program carried out using assistance pro17 vided under section 121 if the individual—

18 ‘‘(1) meets minimal eligibility requirements, di19 rectly related to the tasks to be accomplished, estab20 lished by the program;

21 ‘‘(2) is selected by the program to serve in a po22 sition with the program;

23 ‘‘(3) will serve in the program for a term of

24 service specified in section 139;
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1 ‘‘(4) is 17 years of age or older at the time the

2 individual begins the term of service;

3 ‘‘(5)(A)(i) has received a high school diploma or

4 its equivalent; or

5 ‘‘(ii) agrees to obtain a high school diploma or

6 its equivalent and the individual did not drop out of

7 an elementary or secondary school to enroll in the

8 program; or

9 ‘‘(B)(i) is enrolled at an institution of higher

10 education on the basis of meeting the standard de11 scribed in paragraph (1) or (2) of section 484(d) of

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

13 1091(d)); and

14 ‘‘(ii) meets the requirements of section 484(a)

15 of such Act; and

16 ‘‘(6) is a citizen of the United States or lawfully

17 admitted for permanent residence.

18 ‘‘(b) SPECIAL RULES FOR CERTAIN YOUTH PRO19 GRAMS.—An individual shall be considered to be a partici20 pant in a youth corps program described in section

21 122(a)(2) or a program described in section 122(a)(9)

22 that is carried out with assistance provided under section

23 121(a) if the individual—
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1 ‘‘(1) satisfies the requirements specified in sub2 section (a), except paragraph (4) of such subsection;

3 and

4 ‘‘(2) is between the ages of 16 and 25, inclu5 sive, at the time the individual begins the term of

6 service.

7 ‘‘(c) WAIVER.—The Corporation may waive the re8 quirements of subsection (a)(5)(A) with respect to an indi9 vidual if the program in which the individual seeks to be10 come a participant conducts an independent evaluation

11 demonstrating that the individual is incapable of obtaining

12 a high school diploma or its equivalent.

13 ‘‘SEC. 138. SELECTION OF NATIONAL SERVICE PARTICI14 PANTS.

15 ‘‘(a) SELECTION PROCESS.—Subject to subsections

16 (b) and (c) and section 131(f), the actual recruitment and

17 selection of an individual to serve in a national service pro18 gram receiving assistance under section 121 shall be con19 ducted by the State, subdivision of a State, Indian tribe,

20 public or private not-for-profit organization, institution of

21 higher education, Federal agency, or other entity to which

22 the assistance is provided.

23 ‘‘(b) NONDISCRIMINATION AND NONPOLITICAL SE24 LECTION OF PARTICIPANTS.—The recruitment and selec25 tion of individuals to serve in national service programs
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1 receiving assistance under section 121 shall be consistent

2 with the requirements of section 175.

3 ‘‘(c) SECOND TERM.—Acceptance into a national

4 service program to serve a second term of service under

5 section 139 shall only be available to individuals who per6 form satisfactorily in their first term of service.

7 ‘‘(d) RECRUITMENT AND PLACEMENT.—The Cor8 poration and each State Commission may establish a sys9 tem to recruit individuals who desire to perform national

10 service and to assist the placement of these individuals.

11 The Corporation and State Commissions shall widely dis12 seminate information regarding available national service

13 opportunities.

14 ‘‘SEC. 139. TERMS OF SERVICE.

15 ‘‘(a) IN GENERAL.—A participant in a national serv16 ice program shall be required to perform full- or part-time

17 national service for at least one term of service specified

18 in subsection (b).

19 ‘‘(b) TERM OF SERVICE.—

20 ‘‘(1) FULL-TIME SERVICE.—An individual per21 forming full-time national service in a national serv22 ice program shall agree to participate in the pro23 gram for not less than 1,700 hours during a period

24 of not less than 9 months and not more than 1 year.
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1 ‘‘(2) PART-TIME SERVICE.—An individual per2 forming part-time national service in a national serv3 ice program shall agree to participate in the pro4 gram for not less than 1,700 hours during a period

5 of—

6 ‘‘(A) not less than 1 year nor more than

7 2 years; or

8 ‘‘(B) not less than 1 year nor more than

9 3 years if the individual is enrolled in an insti10 tution of higher education while performing all

11 or a majority of the hours of such service.

12 ‘‘(c) RELEASE FROM COMPLETING TERM OF SERV13 ICE.—

14 ‘‘(1) RELEASE AUTHORIZED.—A recipient of

15 assistance under section 121 may release a partici16 pant from completing a term of service in the pro17 gram—

18 ‘‘(A) for compelling personal circumstances

19 as demonstrated by the participant; or

20 ‘‘(B) for cause.

21 ‘‘(2) EFFECT OF RELEASE.—If the released

22 participant was serving in a national service pro23 gram which included post-service benefits, the par24 ticipant may receive that portion of those benefits

25 that corresponds to the quantity of the term of serv-
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1 ice actually completed by the individual, except that

2 a participant released for cause may not receive any

3 portion of a post-service benefit.

4 ‘‘SEC. 140. LIVING ALLOWANCES FOR NATIONAL SERVICE

5 PARTICIPANTS.

6 ‘‘(a) PROVISION OF LIVING ALLOWANCE.—

7 ‘‘(1) LIVING ALLOWANCE PERMITTED.—Subject

8 to paragraph (3), a national service program carried

9 out using assistance provided under section 121

10 shall provide to each participant in the program a

11 living allowance in such an amount as may be estab12 lished by the program.

13 ‘‘(2) LIMITATION ON FEDERAL SHARE.—The

14 amount of the annual living allowance provided

15 under paragraph (1) that may be paid using assist16 ance provided under section 121 and using any other

17 Federal funds shall not exceed the lesser of—

18 ‘‘(A) 85 percent of the prevailing minimum

19 wage (which in no event may be less than the

20 applicable minimum wage under section 6 of

21 the Fair Labor Standards Act of 1938 (29

22 U.S.C. 206)) in the area in which the program

23 is being conducted; and
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1 ‘‘(B) 85 percent of the annual living allow2 ance established by the national service pro3 gram involved.

4 ‘‘(3) MAXIMUM LIVING ALLOWANCE.—Except

5 as provided in subsection (c), the total amount of an

6 annual living allowance that may be provided to a

7 participant in a national service program shall not

8 exceed 150 percent of the prevailing minimum wage

9 (which in no event may be less than the applicable

10 minimum wage under section 6 of the Fair Labor

11 Standards Act of 1938 (29 U.S.C. 206)) in the area

12 in which the program is being conducted.

13 ‘‘(4) PRORATION OF LIVING ALLOWANCE.—The

14 amount provided as a living allowance under this

15 subsection shall be prorated in the case of a partici16 pant who is authorized to serve a reduced term of

17 service under section 139(b)(3).

18 ‘‘(5) CHOICE BETWEEN BENEFITS.—Individuals

19 receiving benefits or assistance under any Federal,

20 State, or local program financed in whole or in part

21 with Federal funds, at the time of enrollment in a

22 national service program, shall choose between re23 ceiving the living allowance under this subsection

24 (which shall be taken into account in determining

25 continued eligibility for such assistance) and other
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1 benefits provided to national service participants (in

2 lieu of the Federal, State, or local governmental ben3 efits) or a cash allowance of $250 per month for

4 full-time participation and $125 per month for part5 time participation, which shall not be taken into ac6 count in determining the need or eligibility of any

7 person for benefits or assistance or the amount of

8 such benefits or assistance, under any Federal,

9 State, or local program financed in whole or in part

10 with Federal funds.

11 ‘‘(b) COVERAGE OF CERTAIN EMPLOYMENT-RELAT12 ED TAXES.—To the extent a national service program that

13 receives assistance under section 121 is subject, with re14 spect to the participants in the program, to the taxes im15 posed on an employer under sections 3111 and 3301 of

16 the Internal Revenue Code of 1986 (26 U.S.C. 3111,

17 3301) and taxes imposed on an employer under a work18 men’s compensation act, the assistance provided to the

19 program under section 121 shall include an amount suffi20 cient to cover 85 percent of such taxes based upon the

21 lesser of—

22 ‘‘(1) the prevailing minimum wage (which in no

23 event may be less than the applicable minimum wage

24 under section 6 of the Fair Labor Standards Act of
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1 1938 (29 U.S.C. 206)) in the area in which the pro2 gram is being conducted; and

3 ‘‘(2) the annual living allowance established by

4 the program.

5 ‘‘(c) PROFESSIONAL CORPS.—With respect to a State

6 or other recipient of assistance under section 121 that de7 sires to place a professional corps member, as described

8 in section 122(a)(8), in a position in a national service

9 program, the allocation of Federal funds described in sub10 section (a)(2)(A) for the position shall be made under reg11 ulations developed by the Corporation which are consistent

12 with those applicable to allocation procedures of profes13 sional corps programs determined by the Corporation to

14 be similar (such as the Teacher Corps, the Public Health

15 Service Corps or the Police Corps).

16 ‘‘(d) HEALTH INSURANCE.—A State or other recipi17 ent of assistance under section 121 shall provide a basic

18 health care policy for each full-time participant in a na19 tional service program carried out or supported using the

20 assistance if the participant is not otherwise covered by

21 a health care policy. Not more than 85 percent of the cost

22 of a premium shall be provided by the Corporation, with

23 the remaining cost paid by the entity receiving assistance

24 under section 121. The Corporation shall establish mini25 mum standards that all plans must meet in order to qual-
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1 ify for payment under this part, any circumstances in

2 which an alternative health care policy may be substituted

3 for the basic health care policy, and mechanisms to pro4 hibit participants from dropping existing coverage.

5 ‘‘(e) CHILD CARE.—

6 ‘‘(1) AVAILABILITY.—A State or other recipient

7 of assistance under section 121 shall—

8 ‘‘(A) make child care available for children

9 of each full-time participant who needs child

10 care in order to participate in the national serv11 ice program carried out or supported by the re12 cipient using the assistance; or

13 ‘‘(B) provide a child care allowance to each

14 full-time participant in a national service pro15 gram who needs such assistance in order to

16 participate in the program.

17 ‘‘(2) GUIDELINES.—The Corporation shall es18 tablish guidelines regarding the circumstances under

19 which child care must be made available under this

20 subsection and the value of any allowance to be pro21 vided.

22 ‘‘(f) WAIVER OF LIMITATION ON FEDERAL SHARE.—

23 The Corporation may waive in whole or in part the limita24 tion on the Federal share specified in this section with

25 respect to a particular national service program in any fis-
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1 cal year if the Corporation determines that such a waiver

2 would be equitable due to a demonstrated lack of available

3 financial resources at the local level as demonstrated

4 through documented efforts submitted to the Corporation.

5 ‘‘SEC. 141. POST-SERVICE STIPENDS.

6 ‘‘(a) PART-TIME.—

7 ‘‘(1) FEDERAL SHARE.—The Corporation shall

8 annually provide to each part-time participant a

9 nontransferable post-service benefit that is equal in

10 value to $750 for each year of service that such par11 ticipant provides to the program.

12 ‘‘(2) WAIVER.—A State may apply for a waiver

13 to reduce the amount of the post-service benefit to

14 an amount that is equal to not less than the average

15 annual tuition and required fees at 4-year public in16 stitutions of higher education within such State.

17 ‘‘(3) CONSTRUCTION.—Nothing in this sub18 section shall be construed to prevent a State from

19 using funds made available from non-Federal

20 sources to increase the amount of post-service bene21 fits provided under paragraph (1) to an amount in

22 excess of that described in such paragraph.

23 ‘‘(b) FULL-TIME.—

24 ‘‘(1) FEDERAL SHARE.—The Corporation shall

25 annually provide to each full-time participant a
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1 nontransferable post-service benefit for each year of

2 service that such participant provides to the pro3 gram, which benefit shall be equal in value to

4 $1,500 for each such year.

5 ‘‘(2) STATE SHARE.—A State may apply for a

6 waiver to reduce the amount of the post-service ben7 efit to an amount that is equal to not less than the

8 average annual tuition, required fees, and room and

9 board costs at 4-year public institutions of higher

10 education within such State.

11 ‘‘(3) CONSTRUCTION.—Nothing in this sub12 section shall be construed to prevent a State from

13 using funds made available from non-Federal

14 sources to increase the amount of post-service bene15 fits provided under paragraph (1) to an amount in

16 excess of that described in such paragraph.

17 ‘‘(c) POST-SERVICE BENEFIT.—

18 ‘‘(1) PART-TIME.—A post-service benefit pro19 vided under subsection (a) shall only be used for—

20 ‘‘(A) payment of a student loan from Fed21 eral or non-Federal sources;

22 ‘‘(B) tuition at an institution of higher

23 education on a full-time basis, or to pay the ex24 penses incurred in the full-time participation in
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1 an apprenticeship program approved by the ap2 propriate State agency; or

3 ‘‘(C) any other educational purpose deter4 mined appropriate by the Corporation.

5 ‘‘(2) FULL-TIME.—A post-service benefit pro6 vided under subsection (b) shall only be used for—

7 ‘‘(A) payment of a student loan from Fed8 eral or non-Federal sources;

9 ‘‘(B) tuition, room and board, books and

10 fees, and other costs associated with attendance

11 (pursuant to section 472 of the Higher Edu12 cation Act of 1965 (20 U.S.C. 1087ll)) at an

13 institution of higher education on a full-time

14 basis, or to pay the expenses incurred in the

15 full-time participation in an apprenticeship pro16 gram approved by the appropriate State agency;

17 or

18 ‘‘(C) any other educational purpose deter19 mined appropriate by the Corporation.’’.

20 (b) TABLE OF CONTENTS.—Section 1(b) of the Na21 tional and Community Service Act of 1990 (Public Law

22 101–610; 104 Stat. 3127) is amended by striking the

23 items relating to subtitle C of title I of such Act and in24 serting the following new items:

‘‘Subtitle C—National Service Program

‘‘PART I—INVESTMENT IN NATIONAL SERVICE
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‘‘Sec. 121. Authority to provide assistance.

‘‘Sec. 122. Types of national service programs eligible for program assistance.

‘‘Sec. 123. Demonstration efforts concerning educational or other postservice benefits.

‘‘Sec. 124. Types of program assistance.

‘‘Sec. 125. Other special assistance.

‘‘PART II—APPLICATION AND APPROVAL PROCESS

‘‘Sec. 129. Provision of assistance by competitive and other means.

‘‘Sec. 130. Application for assistance.

‘‘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. Post-service stipends.’’.

1 SEC. 122. TRANSITION.

2 With respect to national service programs (as defined

3 in section 101(15) of the National and Community Service

4 Act of 1990) established under the provisions referred to

5 in section 201(a), individuals who become participants in

6 such programs after the date of enactment of this Act

7 shall be eligible to use the post-service benefits to which

8 such participants are eligible under such provisions only

9 for the uses described in section 141(c)(2) of the National

10 and Community Service Act of 1990 (as amended by this

11 Act).
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1 Subtitle D—Quality and Innovation

2 SEC. 131. QUALITY AND INNOVATION ACTIVITIES.

3 (a) REPEAL.—Subtitle D of title I of the National

4 and Community Service Act of 1990 (42 U.S.C. 12571

5 et seq.) is repealed.

6 (b) INVESTMENT FOR QUALITY AND INNOVATION.—

7 Title I of the National and Community Service Act of

8 1990 is amended by inserting after subtitle C (42 U.S.C.

9 12541 et seq.) the following new subtitle:

10 ‘‘Subtitle D—Investment for

11 Quality and Innovation

12 ‘‘SEC. 145. ADDITIONAL CORPORATION ACTIVITIES TO SUP13 PORT NATIONAL SERVICE AND VOLUNTEER

14 PROGRAMS.

15 ‘‘(a) METHODS OF CONDUCTING ACTIVITIES.—The

16 Corporation may carry out this section directly or through

17 grants, contracts, and cooperative agreements with other

18 entities.

19 ‘‘(b) INNOVATION AND QUALITY IMPROVEMENT.—

20 The Corporation may undertake activities to improve the

21 quality of national service and volunteer programs and to

22 support innovative and model programs, including the pro23 vision of training and technical assistance to—

24 ‘‘(1) service sponsors, including community25 based agencies, that provide placements of partici-
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1 pants and other volunteers, in order to improve the

2 ability of such sponsors and agencies to use partici3 pants and other volunteers in a manner that results

4 in high quality service and a positive service experi5 ence for the participants and volunteers; and

6 ‘‘(2) individuals, programs, State agencies,

7 State Commissions, local governments, local edu8 cational agencies, community-based agencies, and

9 other entities to enable them to apply for funding

10 from the Corporation, to conduct high quality pro11 grams, to evaluate such programs, and for other

12 purposes.

13 ‘‘SEC. 146. CLEARINGHOUSES.

14 ‘‘(a) ASSISTANCE.—The Corporation shall provide as15 sistance to appropriate entities to establish one or more

16 clearinghouses.

17 ‘‘(b) APPLICATION.—To be eligible to receive assist18 ance under subsection (a), an entity shall submit an appli19 cation to the Corporation at such time, in such manner,

20 and containing such information as the Corporation may

21 require.

22 ‘‘(c) FUNCTION OF CLEARINGHOUSES.—An entity

23 that receives assistance under subsection (a) may—
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1 ‘‘(1) assist entities carrying out State or local

2 national service programs or volunteer programs (in3 cluding service-learning programs);

4 ‘‘(2) conduct research and evaluations;

5 ‘‘(3) provide leadership development and train6 ing to appropriate persons;

7 ‘‘(4) facilitate communication among appro8 priate persons;

9 ‘‘(5) provide information, curriculum materials,

10 and technical assistance to appropriate entities;

11 ‘‘(6) gather and disseminate information;

12 ‘‘(7) coordinate the activities of the clearing13 house with appropriate entities to avoid duplication

14 of effort;

15 ‘‘(8) make recommendations to appropriate en16 tities on quality controls to improve the delivery of

17 services; and

18 ‘‘(9) carry out such other activities as the Di19 rector determines to be appropriate.’’.

20 (c) QUALITY AND INNOVATION.—Section 1(b) of the

21 National and Community Service Act of 1990 (Public Law

22 101–610; 104 Stat. 3127) is amended by striking the

23 items relating to subtitle D of title I of such Act and in24 serting the following:

‘‘Subtitle D—Investment for Quality and Innovation
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‘‘Sec. 145. Additional corporation activities to support national service and volunteer programs.

‘‘Sec. 146. Clearinghouses.’’.

1 Subtitle E—Civilian Community

2 Corps

3 SEC. 141. CIVILIAN COMMUNITY CORPS.

4 (a) REPEAL AND TRANSFER.—

5 (1) REPEAL.—Subtitle E of title I of the Na6 tional and Community Service Act of 1990 (42

7 U.S.C. 12591 et seq.) is repealed.

8 (2) TRANSFER.—Title I of the National and

9 Community Service Act of 1990 is amended—

10 (A) by redesignating subtitle H (42 U.S.C.

11 12653 et seq.) as subtitle E;

12 (B) by inserting subtitle E (as redesig13 nated by subparagraph (A) of this paragraph)

14 after subtitle D; and

15 (C) by redesignating sections 195 through

16 195O as sections 151 through 166, respectively.

17 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

18 (1) NATIONAL DEFENSE AUTHORIZATION ACT

19 FOR FISCAL YEAR 1993.—

20 (A) Section 1091(f)(2) of the National De21 fense Authorization Act for Fiscal Year 1993

22 (Public Law 102–484) is amended by striking

23 ‘‘195G’’ and inserting ‘‘158’’.
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1 (B) Paragraphs (1) and (2) of section

2 1092(b), and sections 1092(c), 1093(a), and

3 1094(a) of such Act are amended by striking

4 ‘‘195A’’ and inserting ‘‘152’’.

5 (C) Sections 1091(f)(2), 1092(b)(1), and

6 1094(a), and subsections (a) and (c) of section

7 1095 of such Act are amended by striking

8 ‘‘subtitle H’’ and inserting ‘‘subtitle E’’.

9 (D) Section 1094(b)(1) and subsections (b)

10 and (c)(1) of section 1095 of such Act are

11 amended by striking ‘‘subtitles B, C, D, E, F,

12 and G’’ and inserting ‘‘subtitles B, C, D, F,

13 and G’’.

14 (2) NATIONAL AND COMMUNITY SERVICE ACT

15 OF 1990.—

16 (A) Section 153(a) of such Act (as redesig17 nated in subsection (a)(2)(C) of this section)

18 (42 U.S.C. 12653b(a)) is amended by striking

19 ‘‘195A(a)’’ and inserting ‘‘152(a)’’.

20 (B) Section 154(a) of such Act (as redesig21 nated in subsection (a)(2)(C) of this section)

22 (42 U.S.C. 12653c(a)) is amended by striking

23 ‘‘195A(a)’’ and inserting ‘‘152(a)’’.
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1 (C) Section 155 of such Act (as redesig2 nated in subsection (a)(2)(C) of this section)

3 (42 U.S.C. 12653d) is amended—

4 (i) in subsection (a), by striking

5 ‘‘195H(c)(1)’’ and inserting ‘‘159(c)(1)’’;

6 (ii) in subsection (c)(2), by striking

7 ‘‘195H(c)(2)’’ and inserting ‘‘159(c)(2)’’;

8 and

9 (iii) in subsection (d)(3), by striking

10 ‘‘195K(a)(3)’’ and inserting ‘‘162(a)(3)’’.

11 (D) Section 156 of such Act (as redesig12 nated in subsection (a)(2)(C) of this section)

13 (42 U.S.C. 12653e) is amended—

14 (i) in subsection (c)(1), by striking

15 ‘‘195H(c)(2)’’ and inserting ‘‘159(c)(2)’’;

16 and

17 (ii) in subsection (d), by striking

18 ‘‘195K(a)(3)’’ and inserting ‘‘162(a)(3)’’.

19 (E) Section 159 of such Act (as redesig20 nated in subsection (a)(2)(C) of this section)

21 (42 U.S.C. 12653h) is amended—

22 (i) in subsection (a)—

23 (I) by striking ‘‘195A’’ and in24 serting ‘‘152’’; and
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1 (II) by striking ‘‘195’’ and in2 serting ‘‘151’’; and

3 (ii) in subsection (c)(2)(C)(i), by

4 striking ‘‘195K(a)(2)’’ and inserting ‘‘sec5 tion 162(a)(2)’’.

6 (F) Section 161(b)(1)(B) of such Act (as

7 redesignated in subsection (a)(2)(C) of this sec8 tion) (42 U.S.C. 12653j(b)(1)(B)) is amended

9 by striking ‘‘195K(a)(3)’’ and inserting

10 ‘‘162(a)(3)’’.

11 (G) Section 162(a)(2)(A) of such Act (as

12 redesignated in subsection (a)(2)(C) of this sec13 tion) (42 U.S.C. 12653k(a)(2)(A)) is amended

14 by striking ‘‘195(3)’’ and inserting ‘‘151(3)’’.

15 (H) Section 166 of such Act (as redesig16 nated in subsection (a)(2)(C) of this section)

17 (42 U.S.C. 12653o) is amended—

18 (i) in paragraph (2), by striking

19 ‘‘195D’’ and inserting ‘‘155’’;

20 (ii) in paragraph (8), by striking

21 ‘‘195A’’ and inserting ‘‘152’’;

22 (iii) in paragraph (10), by striking

23 ‘‘195D(d)’’ and inserting ‘‘155(d)’’; and

24 (iv) in paragraph (11), by striking

25 ‘‘195D(c)’’ and inserting ‘‘155(c)’’.
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1 (I) Section 171 of such Act (42 U.S.C.

2 12631) is amended in subsections (b) and (c)

3 by striking ‘‘subtitles B through E’’ and insert4 ing ‘‘subtitles B through D’’.

5 (c) TABLE OF CONTENTS.—Section 1(b) of the Na6 tional and Community Service Act of 1990 (Public Law

7 101–610; 104 Stat. 3127) is amended by striking the

8 items relating to subtitle E of title I of such Act and in9 serting the following:

‘‘Subtitle E—Civilian Community Corps

‘‘Sec. 151. Purpose.

‘‘Sec. 152. Establishment of Civilian Community Corps Demonstration 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 personnel under Federal law.

‘‘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. 163. Advisory board.

‘‘Sec. 164. Annual evaluation.

‘‘Sec. 165. Funding limitation.

‘‘Sec. 166. Definitions.’’.

10 Subtitle F—Administration

11 SEC. 151. REPORTS.

12 Section 172 of the National and Community Service

13 Act of 1990 (42 U.S.C. 12632) is amended—

14 (1) in subsection (a)(3)(A), by striking ‘‘sec15 tions 177 and 113(9)’’ and inserting ‘‘section 177’’;

16 and
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1 (2) in subsection (b)(1), by striking ‘‘this title’’

2 and inserting ‘‘this Act’’.

3 SEC. 152. NONDISCRIMINATION.

4 Section 175 of the National and Community Service

5 Act of 1990 (42 U.S.C. 12635) is amended to read as

6 follows:

7 ‘‘SEC. 175. NONDISCRIMINATION.

8 ‘‘(a) IN GENERAL.—

9 ‘‘(1) BASIS.—An individual with responsibility

10 for the operation of a project that receives assistance

11 under this title shall not discriminate against a par12 ticipant in, or member of the staff of, such project

13 on the basis of race, color, national origin, sex, age,

14 or political affiliation of such participant or member,

15 or on the basis of disability, if the participant or

16 member is a qualified individual with a disability.

17 ‘‘(2) DEFINITION.—As used in paragraph (1),

18 the term ‘qualified individual with a disability’ has

19 the meaning given the term in section 101(8) of the

20 Americans with Disabilities Act of 1990 (42 U.S.C.

21 12111(8)).

22 ‘‘(b) FEDERAL FINANCIAL ASSISTANCE.—Any assist23 ance provided under this title shall constitute Federal fi24 nancial assistance for purposes of title VI of the Civil

25 Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX
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1 of the Education Amendments of 1972 (20 U.S.C. 1681

2 et seq.), section 504 of the Rehabilitation Act of 1973 (29

3 U.S.C. 794), and the Age Discrimination Act of 1975 (42

4 U.S.C. 6101 et seq.).

5 ‘‘(c) RELIGIOUS DISCRIMINATION.—

6 ‘‘(1) IN GENERAL.—Except as provided in para7 graph (2), an individual with responsibility for the

8 operation of a project that receives assistance under

9 this title shall not discriminate on the basis of reli10 gion against a participant in such project or a mem11 ber of the staff of such project who is paid with

12 funds received under this title.

13 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

14 apply to the employment, with assistance provided

15 under this title, of any member of the staff, of a

16 project that receives assistance under this title, who

17 was employed with the organization operating the

18 project on the date the grant under this title was

19 awarded.

20 ‘‘(d) RULES AND REGULATIONS.—The Director shall

21 promulgate rules and regulations to provide for the en22 forcement of this section that shall include provisions for

23 summary suspension of assistance for not more than 30

24 days, on an emergency basis, until notice and an oppor25 tunity to be heard can be provided.’’.
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1 SEC. 153. NOTICE, HEARING, AND GRIEVANCE PROCE2 DURES.

3 (a) CONSTRUCTION.—Section 176(e) of such Act (42

4 U.S.C. 12636(e)) is amended by adding before the period

5 the following ‘‘, other than assistance provided pursuant

6 to this Act’’.

7 (b) GRIEVANCE PROCEDURE.—Section 176(f) of

8 such Act is amended to read as follows:

9 ‘‘(f) GRIEVANCE PROCEDURE.—

10 ‘‘(1) IN GENERAL.—A State or local applicant

11 that receives assistance under this title shall estab12 lish and maintain a procedure for the filing and ad13 judication of grievances from participants, labor or14 ganizations, and other interested individuals con15 cerning projects that receive assistance under this

16 title, including grievances regarding proposed place17 ments of such participants in such projects.

18 ‘‘(2) DEADLINE FOR GRIEVANCES.—Except for

19 a grievance that alleges fraud or criminal activity, a

20 grievance shall be made not later than 1 year after

21 the date of the alleged occurrence of the event that

22 is the subject of the grievance.

23 ‘‘(3) DEADLINE FOR HEARING AND DECI24 SION.—

25 ‘‘(A) HEARING.—A hearing on any griev26 ance conducted under this subsection shall be
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1 conducted not later than 30 days after the fil2 ing of such grievance.

3 ‘‘(B) DECISION.—A decision on any such

4 grievance shall be made not later than 60 days

5 after the filing of such grievance.

6 ‘‘(4) ARBITRATION.—

7 ‘‘(A) IN GENERAL.—In the event of a deci8 sion on a grievance that is adverse to the party

9 who filed such grievance, or 60 days after the

10 filing of such grievance if no decision has been

11 reached, such party shall be permitted to sub12 mit such grievance to binding arbitration before

13 a qualified arbitrator who is jointly selected and

14 independent of the interested parties.

15 ‘‘(B) DEADLINE FOR PROCEEDING.—An

16 arbitration proceeding shall be held not later

17 than 45 days after the request for such arbitra18 tion proceeding.

19 ‘‘(C) DEADLINE FOR DECISION.—A deci20 sion concerning a grievance shall be made not

21 later than 30 days after the date such arbitra22 tion proceeding begins.

23 ‘‘(D) COST.—The cost of an arbitration

24 proceeding shall be divided evenly between the

25 parties to the arbitration.
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1 ‘‘(5) PROPOSED PLACEMENT.—If a grievance is

2 filed regarding a proposed placement of a partici3 pant in a project that receives assistance under this

4 title, such placement shall not be made unless the

5 placement is consistent with the resolution of the

6 grievance pursuant to this subsection.

7 ‘‘(6) REMEDIES.—Remedies for a grievance

8 filed under this subsection include—

9 ‘‘(A) suspension of payments for assistance

10 under this title;

11 ‘‘(B) termination of such payments;

12 ‘‘(C) prohibition of the placement described

13 in paragraph (5); and

14 ‘‘(D) in a case in which the grievance in15 volves a violation of subsection (a) or (b) of sec16 tion 177 and the employer of the displaced em17 ployee is the recipient of assistance under this

18 title—

19 ‘‘(i) reinstatement of the displaced

20 employee to the position held by such em21 ployee prior to displacement;

22 ‘‘(ii) payment of lost wages and bene23 fits of the displaced employee; and
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1 ‘‘(iii) reestablishment of other relevant

2 terms, conditions, and privileges of employ3 ment of the displaced employee.

4 ‘‘(7) ENFORCEMENT.—Suits to enforce arbitra5 tion awards under this section may be brought in

6 any district court of the United States having juris7 diction of the parties, without regard to the amount

8 in controversy and without regard to the citizenship

9 of the parties. Such a court shall give due deference

10 to the decision of the arbitrator.’’.

11 SEC. 154. NONDISPLACEMENT.

12 Section 177(b)(3) of the National and Community

13 Service Act of 1990 (42 U.S.C. 12637(b)(3)) is amend14 ed—

15 (1) in subparagraph (B), to read as follows:

16 ‘‘(B) SUPPLANTATION OF HIRING.—A par17 ticipant in any program receiving assistance

18 under this title shall not perform any services

19 or duties, or engage in activities, that—

20 ‘‘(i) will supplant the hiring of em21 ployed workers; or

22 ‘‘(ii) are services, duties, or activities

23 with respect to which an individual has re24 call rights pursuant to a collective bargain-
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1 ing agreement or applicable personnel pro2 cedures.’’; and

3 (2) in subparagraph (C)(iii), to read as follows:

4 ‘‘(iii) employee who—

5 ‘‘(I) is subject to a reduction in

6 force; or

7 ‘‘(II) has recall rights pursuant

8 to a collective bargaining agreement

9 or applicable personnel procedures;’’.

10 SEC. 155. EVALUATION.

11 Section 179 of the National and Community Service

12 Act of 1990 (42 U.S.C 12639) is amended—

13 (1) in subsection (a)—

14 (A) in the matter preceding paragraph (1),

15 by striking ‘‘this title’’ and inserting ‘‘this Act’’;

16 and

17 (B) in paragraph (2), to read as follows:

18 ‘‘(2) for purposes of the reports required by

19 subsection (j), the impact of such programs, in each

20 State in which such a program is conducted, on the

21 activities carried out under, and the effectiveness of,

22 the national service and volunteer programs; and’’;

23 and

24 (2) in subsection (g)—
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1 (A) in the matter preceding paragraph (1),

2 by striking ‘‘subtitle D’’ and inserting ‘‘this

3 Act’’;

4 (B) in paragraph (3), to read as follows:

5 ‘‘(3) encouraging each participant and volunteer

6 to continue involvement in public and community

7 service;’’; and

8 (C) in paragraph (9), to read as follows:

9 ‘‘(9) attracting a greater number of citizens to

10 public service.’’.

11 SEC. 156. CONTINGENT EXTENSION.

12 (a) IN GENERAL.—Section 181 of the National and

13 Community Service Act of 1990 (42 U.S.C. 12641) is

14 amended to read as follows:

15 ‘‘SEC. 181. CONTINGENT EXTENSION.

16 ‘‘Section 414 of the General Education Provisions

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

18 (b) TABLE OF CONTENTS.—Section 1(b) of the Na19 tional and Community Service Act of 1990 (Public Law

20 101–610; 104 Stat. 3127) is amended by striking the item

21 relating to section 181 of such Act and inserting the fol22 lowing:

‘‘Sec. 181. Contingent extension.’’.
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1 SEC. 157. REPEALS.

2 (a) IN GENERAL.—Subtitle F of title I of the Na3 tional and Community Service Act of 1990 (42 U.S.C.

4 12631 et seq.) is amended—

5 (1) by repealing sections 183, 185, and 186;

6 (2) by redesignating section 182 as section 171;

7 (3) by inserting section 171 (as redesignated in

8 paragraph (2) of this subsection) before section 172;

9 and

10 (4) by redesignating section 184 as section 182.

11 (b) TABLE OF CONTENTS.—Section 1(b) of the Na12 tional and Community Service Act of 1990 (Public Law

13 101–610; 104 Stat. 3127) is amended—

14 (1) by striking the item relating to section 171

15 and inserting the following:

‘‘Sec. 171. Partnerships with schools.’’;

16 and

17 (2) by striking the items relating to sections

18 182 through 186 of such Act and inserting the fol19 lowing:

‘‘Sec. 182. Drug-free workplace requirements.’’.

20 Subtitle G—Organization

21 SEC. 161. STATE COMMISSIONS FOR NATIONAL SERVICE

22 AND COMMUNITY VOLUNTEERS.

23 (a) COMPOSITION AND DUTIES OF STATE COMMIS24 SIONS.—Subtitle F of title I of the National and Commu-
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1 nity Service Act of 1990 is amended by striking section

2 178 (42 U.S.C. 12638) and inserting the following new

3 section:

4 ‘‘SEC. 178. STATE COMMISSIONS FOR NATIONAL SERVICE

5 AND COMMUNITY VOLUNTEERS.

6 ‘‘(a) EXISTENCE REQUIRED.—

7 ‘‘(1) STATE COMMISSION.—Except as provided

8 in paragraph (2), to be eligible to receive a grant or

9 allotment under subtitle B or C, a State shall main10 tain a State Commission for National Service and

11 Community Volunteers that satisfies the require12 ments of this section.

13 ‘‘(2) ALTERNATIVE ADMINISTRATIVE ENTITY.—

14 The chief executive officer of a State may apply to

15 the Corporation for approval to use an alternative

16 administrative entity (including an entity in exist17 ence on the date of enactment of this section) to

18 carry out the duties otherwise entrusted to a State

19 Commission under this Act. The chief executive offi20 cer shall ensure that any alternative administrative

21 entity used in lieu of a State Commission still pro22 vides for representatives described in subsection

23 (c)(1) to play a significant policy-making role in car24 rying out the duties otherwise entrusted to a State

25 Commission, including the submission of applica-
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1 tions on behalf of the State under sections 113 and

2 130.

3 ‘‘(b) APPOINTMENT AND SIZE.—The members of a

4 State Commission for a State shall be appointed by the

5 chief executive officer of the State. A State Commission

6 shall consist of not less than 7 voting members and not

7 more than 21 voting members.

8 ‘‘(c) COMPOSITION AND MEMBERSHIP.—

9 ‘‘(1) RECOMMENDED MEMBERS.—The State

10 Commission for a State may include as voting mem11 bers representatives from the following categories:

12 ‘‘(A) National service programs, such as a

13 youth corps program described in section

14 122(a)(2), and a program in which older adults

15 are participants.

16 ‘‘(B) Volunteer programs, such as a Re17 tired Senior Volunteer Program under part A of

18 title II of the Domestic Volunteer Service Act

19 of 1973 (42 U.S.C. 5001 et seq.), senior com20 panion program under part C of title II of such

21 Act (42 U.S.C. 5013 et seq.), or service-learn22 ing program under subtitle B.

23 ‘‘(C) Local governments in the State.

24 ‘‘(D) Community-based organizations.
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1 ‘‘(E) Participants in service programs who

2 are youth.

3 ‘‘(F) Participants in volunteer service pro4 grams who are older adults.

5 ‘‘(G) Educators.

6 ‘‘(H) Experts in the delivery of human,

7 educational, environmental, or public safety

8 services to communities and persons.

9 ‘‘(I) Businesses and business groups.

10 ‘‘(J) Local labor organizations.

11 ‘‘(2) COMPOSITION.—The chief executive officer

12 of a State shall ensure that the membership of the

13 State Commission for the State is diverse with re14 spect to race, ethnicity, age, gender, and geographic

15 residence.

16 ‘‘(3) EX OFFICIO STATE REPRESENTATIVES.—

17 The chief executive officer of a State may appoint ex

18 officio nonvoting members of the State Commission.

19 ‘‘(4) LIMITATION ON NUMBER OF STATE EM20 PLOYEES AS MEMBERS.—The number of voting

21 members of a State Commission selected under

22 paragraph (1) who are officers or employees of the

23 State may not exceed 25 percent (reduced to the

24 nearest whole number) of the total membership of

25 the State Commission.
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1 ‘‘(d) MISCELLANEOUS MATTERS.—

2 ‘‘(1) MEMBERSHIP BALANCE.—The chief execu3 tive officer of a State shall ensure that not more

4 than 50 percent of the voting members of a State

5 Commission, plus one additional member, are from

6 the same political party.

7 ‘‘(2) TERMS.—Each member of the State Com8 mission for a State shall serve for a term of 3 years,

9 except that the chief executive officer of a State

10 shall initially appoint a portion of the members to

11 terms of 1 year and 2 years.

12 ‘‘(3) VACANCIES.—As vacancies occur on a

13 State Commission, new members shall be appointed

14 by the chief executive of the State and serve for the

15 remainder of the term for which the predecessor of

16 such member was appointed. The vacancy shall not

17 affect the power of the remaining members to exe18 cute the duties of the State Commission.

19 ‘‘(4) COMPENSATION.—A member of a State

20 Commission shall not receive any additional com21 pensation by reason of service on the State Commis22 sion, except that the State may authorize the reim23 bursement of travel expenses, including a per diem

24 in lieu of subsistence, in the same manner as other
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1 employees serving intermittently in the service of the

2 State.

3 ‘‘(5) CHAIRPERSON.—The voting members of a

4 State Commission shall elect one of the voting mem5 bers to serve as chairperson of the State Commis6 sion.

7 ‘‘(e) DUTIES OF A STATE COMMISSION.—The State

8 Commission or alternative administrative entity for a

9 State shall be responsible for the following duties:

10 ‘‘(1) Preparing, submitting to the Corporation,

11 and obtaining approval of, a national service and

12 volunteer strategic plan for the national service pro13 grams and volunteer programs to be carried out in

14 the State that—

15 ‘‘(A) covers a 3-year period;

16 ‘‘(B) is updated annually; and

17 ‘‘(C) contains such information as the

18 State Commission considers to be appropriate

19 and as the Corporation may require.

20 ‘‘(2) Preparing, submitting to the Corporation,

21 and obtaining approval of, the applications of the

22 State under sections 113 and 130 for financial as23 sistance.

24 ‘‘(3) Assisting in the provision of health care

25 and child care benefits under section 140 to partici-
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1 pate in national service programs that receive assist2 ance under subtitle C in the State.

3 ‘‘(4) Developing a State system for the—

4 ‘‘(A) recruitment of participants and vol5 unteers for, and placement of participants and

6 volunteers in—

7 ‘‘(i) national service programs under

8 this Act in the State, other than activities

9 that receive assistance under section 123;

10 or

11 ‘‘(ii) volunteer programs under this

12 Act in the State; and

13 ‘‘(B) dissemination of information concern14 ing programs that receive assistance under this

15 Act.

16 ‘‘(5) Administering the grant programs in sup17 port of—

18 ‘‘(A) national service programs that are

19 conducted by the State using assistance pro20 vided to the State under subtitle C; and

21 ‘‘(B) volunteer programs that are con22 ducted by the State using assistance provided

23 to the State under subtitle B,

24 including selection, oversight, and evaluation of

25 grant recipients.
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1 ‘‘(6) Developing projects, training methods, cur2 riculum materials, and other materials and activities

3 related to—

4 ‘‘(A) national service programs in the

5 State that receive assistance directly from the

6 Corporation or from the State using assistance

7 provided under this Act; and

8 ‘‘(B) volunteer programs in the State that

9 receive assistance directly from the Corporation

10 or from the State using assistance provided

11 under this Act.

12 ‘‘(f) ACTIVITY INELIGIBLE FOR ASSISTANCE.—A

13 State Commission or alternative administrative entity may

14 not directly carry out any national service program that

15 receives assistance under subtitle C.

16 ‘‘(g) DELEGATION.—Subject to such requirements as

17 the Corporation may prescribe, a State Commission may

18 delegate nonpolicymaking duties to a State agency or pub19 lic or private not-for-profit organization.

20 ‘‘(h) APPROVAL OF STATE COMMISSION OR ALTER21 NATIVE.—

22 ‘‘(1) SUBMISSION TO CORPORATION.—The chief

23 executive officer for a State shall notify the Corpora24 tion of the establishment or designation of the State

25 Commission or use of an alternative administrative
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1 entity for the State. The notification shall include a

2 description of—

3 ‘‘(A) the composition and membership of

4 the State Commission or alternative administra5 tive entity; and

6 ‘‘(B) the authority of the State Commis7 sion or alternative administrative entity regard8 ing national service and volunteer activities car9 ried out by the State.

10 ‘‘(2) APPROVAL OF ALTERNATIVE ADMINISTRA11 TIVE ENTITY.—Any designation of a State Commis12 sion or use of an alternative administrative entity to

13 carry out the duties of a State Commission shall be

14 subject to the approval of the Corporation.

15 ‘‘(3) REJECTION.—The Corporation may reject

16 a State Commission if the Corporation determines

17 that the composition, membership, or duties of the

18 State Commission do not comply with the require19 ments of this section. The Corporation may reject a

20 request to use an alternative administrative entity in

21 lieu of a State Commission if the Corporation deter22 mines that the duties of the entity do not comply

23 with the requirements of this section or that the use

24 of the alternative administrative entity does not

25 allow individuals described in subsection (c)(1) to
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1 play a significant policymaking role in carrying out

2 the duties otherwise entrusted to a State Commis3 sion. The Corporation shall reject a State Commis4 sion or alternative administrative entity if the Com5 mission or entity fails to demonstrate that the Com6 mission or entity has sufficient authority to carry

7 out the duties described in subsection (d). If the

8 Corporation rejects a State Commission or alter9 native administrative entity under this paragraph,

10 the Corporation shall promptly notify the State of

11 the reasons for the rejection.

12 ‘‘(4) RESUBMISSION AND RECONSIDERATION.—

13 The Corporation shall provide a State notified under

14 paragraph (3) with a reasonable opportunity to re15 vise the rejected State Commission or alternative ad16 ministrative entity. At the request of the State, the

17 Corporation shall provide technical assistance to the

18 State as part of the revision process. The Corpora19 tion shall promptly reconsider any resubmission of a

20 notification under paragraph (1) or application to

21 use an alternative administrative entity under para22 graph (2).

23 ‘‘(5) SUBSEQUENT CHANGES.—This subsection

24 shall also apply to any change in the composition or

25 duties of a State Commission or an alternative ad-
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1 ministrative entity made after approval of the State

2 Commission or the alternative administrative entity.

3 ‘‘(i) REVIEW AND APPROVAL OF STRATEGIC

4 PLANS.—

5 ‘‘(1) REVIEW.—The Corporation shall review

6 and approve strategic plans submitted by State

7 Commissions and alternative administrative entities

8 under this section.

9 ‘‘(2) REJECTION.—The Corporation may reject

10 such a strategic plan if the Corporation determines

11 that the plan does not meet the requirements of this

12 Act, the Domestic Volunteer Service Act of 1973,

13 title XI of the Higher Education Act of 1965, and

14 Public Law 91–378 (16 U.S.C. 1701–1706; com15 monly known as the ‘‘Youth Conservation Corps Act

16 of 1970’’). If the Corporation rejects such a strate17 gic plan, the Corporation shall promptly notify the

18 State of the reasons for the rejection.

19 ‘‘(3) RESUBMISSION AND RECONSIDERATION.—

20 The Corporation shall provide a State notified under

21 paragraph (2) with a reasonable opportunity to re22 vise the rejected plan. At the request of the State,

23 the Corporation shall provide technical assistance to

24 the State as part of the revision process. The Cor-
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1 poration shall promptly reconsider any resubmission

2 of such a plan.

3 ‘‘(4) SUBSEQUENT CHANGES.—This subsection

4 shall also apply to any update of such a strategic

5 plan made after approval of the plan.’’.

6 (b) TABLE OF CONTENTS.—Section 1(b) of the Na7 tional and Community Service Act of 1990 (Public Law

8 101–610; 104 Stat. 3127) is amended by striking the item

9 relating to section 178 and inserting the following new

10 item:

‘‘Sec. 178. State Commissions for National Service and Community Volunteers.’’.

11 (c) EFFECTIVE DATE.—The amendments made by

12 this section shall take effect on October 1, 1993.

13 SEC. 162. INTERIM AUTHORITIES OF THE CORPORATION

14 FOR NATIONAL AND COMMUNITY SERVICE

15 AND ACTION AGENCY.

16 (a) NATIONAL AND COMMUNITY SERVICE ACT OF

17 1990.—Subtitle G of title I of the National and Commu18 nity Service Act of 1990 (42 U.S.C. 12651) is amended

19 to read as follows:

20 ‘‘SEC. 191. CORPORATION FOR NATIONAL SERVICE AND

21 COMMUNITY VOLUNTEERS.

22 ‘‘There is established a Corporation for National

23 Service and Community Volunteers that shall administer

24 the programs established under this Act. The Corporation
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1 shall be a Government corporation, as defined in section

2 103 of title 5, United States Code.

3 ‘‘SEC. 192. BOARD OF DIRECTORS.

4 ‘‘(a) BOARD OF DIRECTORS.—

5 ‘‘(1) COMPOSITION.—

6 ‘‘(A) APPOINTMENT.—There shall be in

7 the Corporation a Board of Directors (hereafter

8 referred to in this subtitle as the ‘Board’) that

9 shall be composed of 9 members, including the

10 Director of the Corporation, appointed by the

11 President with the advice and consent of the

12 Senate.

13 ‘‘(B) QUALIFICATIONS.—To the maximum

14 extent practicable, the President shall appoint

15 members—

16 ‘‘(i) who have extensive experience in

17 volunteer and service programs and who

18 represent a broad range of viewpoints; and

19 ‘‘(ii) so that the Board shall be di20 verse with respect to race, ethnicity, age,

21 gender, and geographic residence.

22 ‘‘(2) POLITICAL PARTIES.—Not more than 5

23 members of the Board shall be from the same politi24 cal party.
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1 ‘‘(3) NOMINATIONS.—Two members of the

2 Board shall be appointed from among individuals

3 nominated jointly by the Speaker and the Minority

4 Leader of the House of Representatives, and 2 of

5 such members shall be appointed from among indi6 viduals nominated jointly by the Majority Leader

7 and Minority Leader of the Senate.

8 ‘‘(b) TERMS.—Each appointed member of the Board

9 shall serve for a term of 3 years, except that 3 of the mem10 bers first appointed to the Board after the date of enact11 ment of this section shall serve for a term of 1 year and

12 3 shall serve for a term of 2 years, as designated by the

13 President.

14 ‘‘(c) VACANCIES.—As vacancies occur on the Board,

15 new members shall be appointed by the President, by and

16 with the advice and consent of the Senate, and serve for

17 the remainder of the term for which the predecessor of

18 such member was appointed. The vacancy shall not affect

19 the power of the remaining members to execute the duties

20 of the Board.

21 ‘‘SEC. 192A. AUTHORITIES AND DUTIES OF THE BOARD OF

22 DIRECTORS.

23 ‘‘(a) CHAIRPERSON AND VICE CHAIRPERSON.—The

24 Board shall elect a chairperson and vice chairperson from
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1 among its membership. The Director shall not be eligible

2 to serve as the chairperson or vice chairperson.

3 ‘‘(b) OTHER OFFICERS.—The Board may elect from

4 among its membership such additional officers for the

5 Board as the Board determines to be appropriate.

6 ‘‘(c) MEETINGS.—The Board shall meet not less than

7 3 times each year. The Board shall hold additional meet8 ings if 6 members of the Board request such meetings in

9 writing. A majority of the appointed members of the

10 Board shall constitute a quorum.

11 ‘‘(d) EXPENSES.—While away from their homes or

12 regular places of business on the business of the Board,

13 members of such Board may be allowed travel expenses,

14 including per diem in lieu of subsistence, at rates author15 ized for employees of agencies under subchapter I of chap16 ter 57 of title 5, United States Code, for persons employed

17 intermittently in the Government service.

18 ‘‘(e) SPECIAL GOVERNMENT EMPLOYEES.—For pur19 poses of the provisions of chapter 11 of part I of title 18,

20 United States Code, and any other provision of Federal

21 law, a member of the Board (to whom such provisions

22 would not otherwise apply except for this subsection) shall

23 be a special Government employee.

24 ‘‘(f) STATUS OF MEMBERS.—
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1 ‘‘(1) TORT CLAIMS.—For the purposes of the

2 tort claims provisions of chapter 171 of title 28,

3 United States Code, a member of the Board shall be

4 considered to be a Federal employee.

5 ‘‘(2) OTHER CLAIMS.—A member of the Board

6 has no personal liability under Federal law with re7 spect to any claim arising out of or resulting from

8 any act or omission by such person, within the scope

9 of the service of the member on the Board, in con10 nection with any transaction involving the provision

11 of financial assistance by the Corporation. This

12 paragraph shall not be construed to limit personal li13 ability for criminal acts or omissions, willful or mali14 cious misconduct, acts or omissions for private gain,

15 or any other act or omission outside the scope of the

16 service of such member on the Board.

17 ‘‘(3) EFFECT ON OTHER LAW.—This subsection

18 shall not be construed—

19 ‘‘(A) to affect any other immunities and

20 protections that may be available to such mem21 ber under applicable law with respect to such

22 transactions;

23 ‘‘(B) to affect any other right or remedy

24 against the Corporation, against the United

25 States under applicable law, or against any per-
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1 son other than a member of the Board partici2 pating in such transactions; or

3 ‘‘(C) to limit or alter in any way the im4 munities that are available under applicable law

5 for Federal officials and employees not de6 scribed in this subsection.

7 ‘‘(g) DUTIES.—The Board shall—

8 ‘‘(1) review and approve the strategic plan de9 scribed in section 193A(b)(1), and annual updates of

10 the plan;

11 ‘‘(2) review and approve the proposal described

12 in section 193A(b)(2)(A), with respect to the grants,

13 allotments, contracts, financial assistance, and pay14 ments referred to in such section;

15 ‘‘(3) review and approve the proposal described

16 in section 193A(b)(3)(A), regarding the regulations,

17 standards, policies, procedures, programs, and initia18 tives referred to in such section;

19 ‘‘(4) review and approve the evaluation plan de20 scribed in section 193A(b)(4)(A);

21 ‘‘(5)(A) review, and advise the Director regard22 ing, the actions of the Director with respect to the

23 personnel of the Corporation, and with respect to

24 such standards, policies, procedures, programs, and
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1 initiatives as are necessary or appropriate to carry

2 out this Act; and

3 ‘‘(B) inform the Director of any aspects of the

4 actions of the Director that are not in compliance

5 with the annual strategic plan referred to in para6 graph (1), the proposals referred to in paragraphs

7 (2) and (3), or the plan referred to in paragraph

8 (4), or are not consistent with the objectives of this

9 Act;

10 ‘‘(6) receive, and act on, the reports issued by

11 the Inspector General of the Corporation;

12 ‘‘(7) make recommendations relating to a pro13 gram of research for the Corporation with respect to

14 national service and volunteer programs, including

15 service-learning programs;

16 ‘‘(8) advise the President and the Congress con17 cerning developments in national service and volun18 teer programs that merit the attention of the Presi19 dent and the Congress;

20 ‘‘(9) ensure effective dissemination of informa21 tion regarding the programs and initiatives of the

22 Corporation; and

23 ‘‘(10) carry out any other activities determined

24 to be appropriate by the Director.
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1 ‘‘(h) ADMINISTRATION.—Section 14 of the Federal

2 Advisory Committee Act (5 U.S.C. App.) shall not apply

3 with respect to the Board.

4 ‘‘SEC. 193. DIRECTOR.

5 ‘‘(a) APPOINTMENT.—There shall be in the Corpora6 tion a Director of the Corporation, and who shall be ap7 pointed by the President, by and with the advice and con8 sent of the Senate.

9 ‘‘(b) COMPENSATION.—The Director shall be com10 pensated at the rate provided for level III of the Executive

11 Schedule under section 5314 of title 5, United States

12 Code.

13 ‘‘(c) REGULATIONS.—The Director shall prescribe

14 such rules and regulations as are necessary or appropriate

15 to carry out this Act.

16 ‘‘SEC. 193A. AUTHORITIES AND DUTIES OF THE DIRECTOR.

17 ‘‘(a) GENERAL POWERS AND DUTIES.—The Director

18 shall be responsible for the exercise of the powers and the

19 discharge of the duties of the Corporation that are not

20 reserved to the Board, and shall have authority and con21 trol over all personnel of the Corporation.

22 ‘‘(b) DUTIES.—In addition to the duties conferred on

23 the Director under any other provision of this Act, the

24 Director shall—
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•S 1212 IS

1 ‘‘(1) prepare and submit to the Board a strate2 gic plan every 5 years, and annual updates of the

3 plan, for the Corporation with respect to the major

4 functions and operations of the Corporation;

5 ‘‘(2)(A) prepare and submit to the Board a pro6 posal with respect to such grants and allotments,

7 contracts, and other financial assistance, as are nec8 essary or appropriate to carry out this Act; and

9 ‘‘(B) after receiving and reviewing an approved

10 proposal under section 192A(g)(2), make such

11 grants and allotments, enter into such contracts,

12 award such other financial assistance, and make

13 such payments (in lump sum or installments, and in

14 advance or by way of reimbursement, and in the

15 case of financial assistance otherwise authorized

16 under this Act, with necessary adjustments on ac17 count of overpayments and underpayments) as are

18 necessary or appropriate to carry out this Act;

19 ‘‘(3)(A) prepare and submit to the Board a pro20 posal regarding, the regulations established under

21 section 195(a)(3)(B)(i), and such other standards,

22 policies, procedures, programs, and initiatives as are

23 necessary or appropriate to carry out this Act; and

24 ‘‘(B) after receiving and reviewing an approved

25 proposal under section 192A(g)(3)—
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•S 1212 IS

1 ‘‘(i) establish such standards, policies, and

2 procedures as are necessary or appropriate to

3 carry out this Act; and

4 ‘‘(ii) establish and administer such pro5 grams and initiatives as are necessary or appro6 priate to carry out this Act;

7 ‘‘(4)(A) prepare and submit to the Board a

8 plan for the evaluation of programs established

9 under this Act, in accordance with section 179; and

10 ‘‘(B) after receiving an approved proposal

11 under section 192A(g)(4)—

12 ‘‘(i) establish measurable performance

13 goals and objectives for such programs, in ac14 cordance with section 179; and

15 ‘‘(ii) provide for periodic evaluation of such

16 programs to assess the manner and extent to

17 which the programs achieve the goals and objec18 tives, in accordance with such section;

19 ‘‘(5) consult with appropriate Federal agencies

20 in administering the programs and initiatives;

21 ‘‘(6) suspend or terminate payments described

22 in paragraph (2)(B), in accordance with section 176;

23 ‘‘(7) prepare and submit to the Board an an24 nual report, and such interim reports as may be nec25 essary, describing the major actions of the Director
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•S 1212 IS

1 with respect to the personnel of the Corporation,

2 and with respect to such standards, policies, proce3 dures, programs, and initiatives;

4 ‘‘(8) inform the Board of, and provide an expla5 nation to the Board regarding, any substantial dif6 ferences between—

7 ‘‘(A) the actions of the Director; and

8 ‘‘(B)(i) the strategic plan approved by the

9 Board under section 192A(g)(1);

10 ‘‘(ii) the proposals approved by the Board

11 under paragraph (2) or (3) of section 192A(g);

12 or

13 ‘‘(iii) the plan approved by the Board

14 under section 192A(g)(4); and

15 ‘‘(9) prepare and submit to the appropriate

16 committees of Congress an annual report, and such

17 interim reports as may be necessary, describing—

18 ‘‘(A) the services referred to in paragraph

19 (1), and the money and property referred to in

20 paragraph (2), of section 196(a) that have been

21 accepted by the Corporation;

22 ‘‘(B) the manner in which the Corporation

23 used or disposed of such services, money, and

24 property; and
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•S 1212 IS

1 ‘‘(C) information on the results achieved

2 by the programs funded under this Act during

3 the year preceding the year in which the report

4 is prepared.

5 ‘‘(c) POWERS.—In addition to the authority conferred

6 on the Director under any other provision of this Act, the

7 Director may—

8 ‘‘(1) establish, alter, consolidate, or discontinue

9 such organizational units or components within the

10 Corporation as the Director considers necessary or

11 appropriate;

12 ‘‘(2) with the approval of the President, ar13 range with and reimburse the heads of other Federal

14 agencies for the performance of any of the provisions

15 of this Act;

16 ‘‘(3) with their consent, utilize the services and

17 facilities of Federal agencies with or without reim18 bursement, and, with the consent of any State, or

19 political subdivision of a State, accept and utilize the

20 services and facilities of the agencies of such State

21 or subdivisions with or without reimbursement;

22 ‘‘(4) allocate and expend, or transfer to other

23 Federal agencies for expenditure, funds made avail24 able under this Act, including expenditure for con25 struction, repairs, and capital improvements;
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•S 1212 IS

1 ‘‘(5) disseminate, without regard to the provi2 sions of section 3204 of title 39, United States

3 Code, data and information, in such form as the Di4 rector, upon the recommendation of the Board, shall

5 determine to be appropriate to public agencies, pri6 vate organizations, and the general public;

7 ‘‘(6) collect or compromise all obligations to or

8 held by the Director and all legal or equitable rights

9 accruing to the Director in connection with the pay10 ment of obligations in accordance with chapter 37 of

11 title 31, United States Code (commonly known as

12 the ‘Federal Claims Collection Act of 1966’);

13 ‘‘(7) expend funds made available for purposes

14 of this Act, without regard to any other law or regu15 lation, for rent of buildings and space in buildings

16 and for repair, alteration, and improvement of build17 ings and space in buildings rented by the Director;

18 ‘‘(8) file a civil action in any court of record of

19 a State having general jurisdiction or in any district

20 court of the United States, with respect to a claim

21 arising under this Act;

22 ‘‘(9) exercise the authorities of the Corporation

23 under section 196; and
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•S 1212 IS

1 ‘‘(10) generally perform functions and take

2 steps consistent with the objectives and provisions of

3 this Act.

4 ‘‘(d) DELEGATION.—

5 ‘‘(1) DEFINITION.—As used in this subsection,

6 the term ‘function’ means any duty, obligation,

7 power, authority, responsibility, right, privilege, ac8 tivity, or program.

9 ‘‘(2) IN GENERAL.—Except as otherwise pro10 hibited by law or provided in this Act, the Director

11 may delegate any function of the Director under this

12 Act, and authorize such successive redelegations of

13 such function as may be necessary or appropriate.

14 No delegation of a function by the Director under

15 this subsection or under any other provision of this

16 Act shall relieve such Director of responsibility for

17 the administration of such function.

18 ‘‘(e) ACTIONS.—In an action described in subsection

19 (c)(8)—

20 ‘‘(1) a district court referred to in such sub21 section shall have jurisdiction of such a civil action

22 without regard to the amount in controversy;

23 ‘‘(2) such an action brought by the Director

24 shall survive notwithstanding any change in the per-
133

•S 1212 IS

1 son occupying the office of Director or any vacancy

2 in that office;

3 ‘‘(3) no attachment, injunction, garnishment, or

4 other similar process, mesne or final, shall be issued

5 against the Director or the Board or property under

6 the control of the Director or the Board; and

7 ‘‘(4) nothing in this section shall be construed

8 to except litigation arising out of activities under

9 this Act from the application of sections 509, 517,

10 547, and 2679 of title 28, United States Code.

11 ‘‘SEC. 194. MANAGEMENT.

12 ‘‘(a) MANAGEMENT.—

13 ‘‘(1) IN GENERAL.—After receiving and review14 ing the recommendations of the Board, the Director

15 shall devise a management structure for the Cor16 poration, and shall appoint, in accordance with sec17 tion 195, such fiscal, legal, administrative, and pro18 gram personnel as are needed to carry out the re19 sponsibilities of the Corporation.

20 ‘‘(2) DIVISIONS.—In establishing the manage21 ment structure of the Corporation, the Director shall

22 appoint individuals who shall be primarily respon23 sible for—

24 ‘‘(A) the national service programs; and
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•S 1212 IS

1 ‘‘(B) (i) volunteer programs that are serv2 ice-learning programs;

3 ‘‘(ii) volunteer programs that are senior

4 programs; and

5 ‘‘(iii) volunteer programs that are Federal

6 volunteer programs.

7 ‘‘(b) INSPECTOR GENERAL.—

8 ‘‘(1) OFFICE.—There shall be in the Corpora9 tion an Office of the Inspector General.

10 ‘‘(2) APPOINTMENT.—The Office shall be head11 ed by an Inspector General, appointed by the Direc12 tor.

13 ‘‘(3) COMPENSATION.—The Inspector General

14 shall be compensated at the rate determined by the

15 Director, which shall not exceed the rate provided

16 for level IV of the Executive Schedule under section

17 5315 of title 5, United States Code.

18 ‘‘(4) DUTIES.—

19 ‘‘(A) IN GENERAL.—Except as provided in

20 subparagraph (B), for purposes of the Inspector

21 General Act of 1978 (5 U.S.C. App.)—

22 ‘‘(i) the Corporation shall be consid23 ered to be a designated Federal entity, as

24 defined in section 8E(a)(2) of such Act;

25 and
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•S 1212 IS

1 ‘‘(ii) the Director shall be considered

2 to be the head of the designated Federal

3 entity, as defined in section 8E(a)(4) of

4 such Act.

5 ‘‘(B) PROGRAM FRAUD.—For purposes of

6 chapter 38 of title 31, United States Code

7 (commonly known as the ‘Program Fraud Civil

8 Remedies Act of 1986’)—

9 ‘‘(i) the Corporation shall be consid10 ered to be an authority, as defined in sec11 tion 3801(a)(1) of such Act;

12 ‘‘(ii) the Director shall be considered

13 to be an authority head, as defined in sec14 tion 3801(a)(2) of such Act; and

15 ‘‘(iii) the Inspector General shall be

16 considered to be an investigating official,

17 as defined in section 3801(a)(4) of such

18 Act.

19 ‘‘SEC. 195. EMPLOYEES, CONSULTANTS, AND OTHER PER20 SONNEL.

21 ‘‘(a) EMPLOYEES.—

22 ‘‘(1) IN GENERAL.—The Director may appoint

23 and determine the compensation of such employees

24 necessary to carry out the duties of the Corporation.

25 ‘‘(2) TERMS.—
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•S 1212 IS

1 ‘‘(A) INITIAL TERM.—

2 ‘‘(i) LENGTH OF TERM.—Such an em3 ployee shall be appointed for an initial

4 term that shall not exceed 5 years.

5 ‘‘(ii) PROBATION PERIOD.—The Di6 rector shall take such action, including the

7 issuance of rules, regulations, and direc8 tives, as shall provide, as nearly as condi9 tions of good administration warrant, for a

10 1-year period of probation before such an

11 appointment becomes final.

12 ‘‘(B) APPOINTMENT EXTENSIONS.—The

13 appointment of an employee may be extended

14 by the Director, after receiving and reviewing

15 the recommendations of the Board.

16 ‘‘(C) APPOINTMENT IN THE COMPETITIVE

17 SERVICE AFTER EMPLOYMENT IN THE COR18 PORATION.—

19 ‘‘(i) EMPLOYEES WITH NOT LESS

20 THAN 3 YEARS OF EMPLOYMENT.—If an

21 employee is separated from the Corpora22 tion (other than by removal for cause), and

23 has been continuously employed by the

24 Corporation for a period of not less than 3

25 years, such period shall be treated as a pe-
137

•S 1212 IS

1 riod of service in the competitive service

2 for purposes of chapter 33 of title 5, Unit3 ed States Code.

4 ‘‘(ii) DEFINITION.—As used in this

5 subparagraph, the term ‘competitive serv6 ice’ has the meaning given the term in sec7 tion 2102 of title 5, United States Code.

8 ‘‘(3) APPOINTMENT AND COMPENSATION.—

9 ‘‘(A) IN GENERAL.—Except as provided in

10 subparagraph (B)(iv), the Director may appoint

11 and determine the compensation of employees

12 under this subsection without regard to the pro13 visions of title 5, United States Code, governing

14 appointments in the competitive service, and

15 without regard to the provisions of chapter 51

16 and subchapter III of chapter 53 of such title

17 relating to classification and General Schedule

18 pay rates.

19 ‘‘(B) CORPORATION SELECTION AND COM20 PENSATION SYSTEMS.—

21 ‘‘(i) ESTABLISHMENT OF SYSTEM.—

22 The Director, in consultation with the Di23 rector of the Office of Personnel Manage24 ment and after reviewing the recommenda25 tions of the Board under section
138

•S 1212 IS

1 192A(g)(3), shall issue regulations estab2 lishing selection and compensation systems

3 for the Corporation. In issuing such regu4 lations, the Director shall take into consid5 eration the need for flexibility in such a

6 system.

7 ‘‘(ii) APPLICATION.—The Director

8 shall appoint and determine the compensa9 tion of employees referred to in paragraph

10 (1) in accordance with the selection and

11 compensation systems referred to in clause

12 (i).

13 ‘‘(iii) SELECTION SYSTEM.—The se14 lection system shall provide for the selec15 tion of such an employee for such a posi16 tion—

17 ‘‘(I) through a competitive proc18 ess; and

19 ‘‘(II) on the basis of the quali20 fications of applicants and the re21 quirements of the position.

22 ‘‘(iv) COMPENSATION SYSTEM.—The

23 compensation system shall include a

24 scheme for the classification of positions in

25 the Corporation. The system shall require
139

•S 1212 IS

1 that the compensation of such an employee

2 be determined based in part on the job

3 performance of the employee, and in a

4 manner consistent with the principles de5 scribed in section 5301 of title 5, United

6 States Code. The rate of compensation for

7 each employee compensated through the

8 system shall not exceed the annual rate of

9 basic pay payable for level IV of the Exec10 utive Schedule under section 5315 of title

11 5, United States Code.

12 ‘‘(b) CONSULTANTS.—The Director may procure the

13 temporary and intermittent services of experts and con14 sultants and compensate the experts and consultants in

15 accordance with section 3109(b) of title 5, United States

16 Code.

17 ‘‘(c) DETAILS OF PERSONNEL.—The head of any

18 Federal department or agency may detail on a reimburs19 able basis, or on a nonreimbursable basis for not to exceed

20 180 calendar days during any fiscal year, as agreed upon

21 by the Director and the head of the Federal agency, any

22 of the personnel of that department or agency to the Cor23 poration to assist the Corporation in carrying out the du24 ties of the Corporation under this Act. Any detail shall
140

•S 1212 IS

1 not interrupt or otherwise affect the civil service status

2 or privileges of the Federal employee.

3 ‘‘SEC. 196. ADMINISTRATION.

4 ‘‘(a) DONATIONS.—

5 ‘‘(1) SERVICES.—

6 ‘‘(A) VOLUNTEERS.—Notwithstanding sec7 tion 1342 of title 31, United States Code, the

8 Corporation may accept the voluntary services

9 of individuals to assist the Corporation in carry10 ing out the duties of the Corporation under this

11 Act, and may provide to such individuals the

12 travel expenses described in section 192A(d).

13 ‘‘(B) LIMITATION.—Such a volunteer shall

14 not be considered to be a Federal employee and

15 shall not be subject to the provisions of law re16 lating to Federal employment, including those

17 relating to hours of work, rates of compensa18 tion, leave, unemployment compensation, and

19 Federal employee benefits, except that—

20 ‘‘(i) for the purposes of the tort

21 claims provisions of chapter 171 of title

22 28, United States Code, a volunteer under

23 this subtitle shall be considered to be a

24 Federal employee; and
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•S 1212 IS

1 ‘‘(ii) for the purposes of subchapter I

2 of chapter 81 of title 5, United States

3 Code, relating to compensation to Federal

4 employees for work injuries, volunteers

5 under this subtitle shall be considered to

6 be employees, as defined in section

7 8101(1)(B) of title 5, United States Code,

8 and the provisions of such subchapter shall

9 apply.

10 ‘‘(2) PROPERTY.—The Corporation may accept,

11 use, and dispose of, in furtherance of the purposes

12 of this Act, donations of any money or property,

13 real, personal, or mixed, tangible or intangible, re14 ceived by gift, devise, bequest, or otherwise.

15 ‘‘(3) RULES.—The Director shall establish writ16 ten rules setting forth the criteria to ensure that the

17 acceptance of contributions of money or property,

18 real, personal, or mixed, tangible or intangible, re19 ceived by gift, device, bequest, or otherwise (pursu20 ant to paragraph (2)) will not reflect unfavorably

21 upon the ability of the Corporation or any employee

22 of the Corporation to carry out the responsibilities

23 or official duties of the Corporation in a fair and ob24 jective manner, or compromise the integrity of the
142

•S 1212 IS

1 programs of the Corporation or any official involved

2 in such programs.

3 ‘‘(4) DISPOSITION.—Upon completion of the

4 use by the Corporation of any property described in

5 paragraph (2), such completion shall be reported to

6 the General Services Administration and such prop7 erty shall be disposed of in accordance with title II

8 of the Federal Property and Administrative Services

9 Act of 1949 (40 U.S.C. 481 et seq.).

10 ‘‘(5) VOLUNTEER.—As used in this subsection,

11 the term ‘volunteer’ does not include a participant.

12 ‘‘(b) CONTRACTS.—Subject to the Federal Property

13 and Administrative Services Act of 1949, the Corporation

14 may enter into contracts, and cooperative and interagency

15 agreements, with Federal and State agencies, private

16 firms, institutions, and individuals to conduct activities

17 necessary to carry out the duties of the Corporation under

18 this Act.’’.

19 (b) RELATIONSHIP TO OTHER NATIONAL SERVICE

20 AND DOMESTIC VOLUNTEER PROGRAMS.—

21 (1) DOMESTIC VOLUNTEER SERVICE ACT OF

22 1973.—

23 (A) AUTHORITY.—Section 401 of the Do24 mestic Volunteer Service Act of 1973 (42

25 U.S.C. 5041) is amended by inserting after the
143

•S 1212 IS

1 second sentence the following: ‘‘The Director

2 shall report directly to the Director of the Cor3 poration for National Service and Community

4 Volunteers.’’.

5 (B) RELATIONSHIP WITH STATE PLANS

6 AND OTHER REQUIREMENTS.—Title IV of the

7 Domestic Volunteer Service Act of 1973 (42

8 U.S.C. 5041 et seq.) is amended by inserting

9 after section 404 the following:

10 ‘‘SEC. 405. RELATIONSHIP WITH STATE PLANS AND OTHER

11 REQUIREMENTS.

12 ‘‘In carrying out programs, and in providing assist13 ance to recipients to carry out programs, in a State under

14 this title, the Director shall ensure that such programs

15 will be carried out in accordance with—

16 ‘‘(1) the State plan approved for the State by

17 the Corporation for National Service and Commu18 nity Volunteers under section 178(i) of the National

19 and Community Service Act of 1990;

20 ‘‘(2) the priorities established under section

21 122(c) of such Act; and

22 ‘‘(3) such other requirements as the Director of

23 such Corporation may by regulation specify.’’.

24 (2) YOUTH CONSERVATION CORPS ACT OF

25 1970.—Section 3(a) of Public Law 91–378 (16
144

•S 1212 IS

1 U.S.C. 1701–1706; commonly known as the ‘‘Youth

2 Conservation Corps Act of 1970’’) is amended—

3 (A) in paragraph (5), by striking ‘‘and’’ at

4 the end;

5 (B) in paragraph (6), by striking the pe6 riod and inserting ‘‘; and’’; and

7 (C) by inserting after paragraph (6) the

8 following:

9 ‘‘(7) in providing assistance to recipients to

10 carry out programs under this Act in a State, ensure

11 that such programs will be carried out in accordance

12 with—

13 ‘‘(A) the State plan approved for the State

14 by the Corporation for National Service and

15 Community Volunteers under section 178(i) of

16 the National and Community Service Act of

17 1990;

18 ‘‘(B) the priorities established under sec19 tion 122(c) of such Act; and

20 ‘‘(C) such other requirements as the Direc21 tor of such Corporation may by regulation

22 specify.’’.

23 (3) HIGHER EDUCATION ACT OF 1965.—Title

24 XI of the Higher Education Act of 1965 (20 U.S.C.
145

•S 1212 IS

1 1136 et seq.) is amended by adding at the end the

2 following:

3 ‘‘PART C—COORDINATION

4 ‘‘SEC. 1161. RELATIONSHIP WITH STATE PLANS.

5 ‘‘In providing assistance to recipients to carry out

6 programs in a State under this title, the Secretary shall

7 ensure that such programs will be carried out in accord8 ance with—

9 ‘‘(1) the State plan approved for the State by

10 the Corporation for National Service and Commu11 nity Volunteers under section 178(i) of the National

12 and Community Service Act of 1990;

13 ‘‘(2) the priorities established under section

14 122(c) of such Act; and

15 ‘‘(3) such other requirements as the Director of

16 such Corporation may by regulation specify.’’.

17 (c) TRANSFER OF FUNCTIONS OF COMMISSION ON

18 NATIONAL AND COMMUNITY SERVICE.—

19 (1) DEFINITIONS.—For purposes of this sub20 section, unless otherwise provided or indicated by

21 the context, each term specified in section 163(c)(1)

22 shall have the meaning given the term in such sec23 tion.

24 (2) TRANSFER OF FUNCTIONS.—There are

25 transferred to the Corporation the functions that the
146

•S 1212 IS

1 Board of Directors or Executive Director of the

2 Commission on National and Community Service ex3 ercised before the effective date of this subsection

4 (including all related functions of any officer or em5 ployee of the Commission).

6 (3) APPLICATION.—The provisions of para7 graphs (3) through (10) of section 163(c) shall

8 apply with respect to the transfer described in para9 graph (2), except that—

10 (A) for purposes of such application, ref11 erences to the term ‘‘ACTION Agency’’ shall be

12 deemed to be references to the Commission on

13 National and Community Service; and

14 (B) paragraph (10) of such section shall

15 not preclude the transfer of the members of the

16 Board of Directors of the Commission to the

17 Corporation if, on the effective date of this sub18 section, the Board of Directors of the Corpora19 tion has not been confirmed.

20 (d) CONTINUING PERFORMANCE OF CERTAIN FUNC21 TIONS.—The individuals who, on the day before the date

22 of enactment of this Act, are performing any of the func23 tions required by section 190 of the National and Commu24 nity Service Act of 1990 (42 U.S.C. 12651), as in effect

25 on such date, to be performed by the members of the
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•S 1212 IS

1 Board of Directors of the Commission on National and

2 Community Service may, subject to section 193A of the

3 National and Community Service Act of 1990, as added

4 by subsection (a) of this section, continue to perform such

5 functions until the date on which the Board of Directors

6 of the Corporation for National Service and Community

7 Volunteers conducts the first meeting of the Board. The

8 service of such individuals as members of the Board of

9 Directors of such Commission, and the employment of

10 such individuals as special government employees, shall

11 terminate on such date.

12 (e) JOB SEARCH ASSISTANCE.—The Director shall

13 establish a program to provide, or shall seek to enter into

14 a memorandum of understanding with the Director of the

15 Office of Personnel Management to provide, job search

16 and related assistance to—

17 (1) employees of the ACTION agency who are

18 not transferred to the Corporation for National

19 Service and Community Volunteers under section

20 163(c); and

21 (2) employees of the Department of Agri22 culture, Department of the Interior, or Department

23 of Education who are separated from such Depart24 ments because of the requirements of title II.

25 (f) GOVERNMENT CORPORATION CONTROL.—
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•S 1212 IS

1 (1) WHOLLY OWNED GOVERNMENT CORPORA2 TION.—Section 9101(3) of title 31, United States

3 Code, is amended by inserting after subparagraph

4 (D) the following:

5 ‘‘(E) the Corporation for National Service

6 and Community Volunteers.’’.

7 (2) AUDITS.—Section 9105(a)(1) of title 31,

8 United States Code, is amended by inserting ‘‘, or

9 under other Federal law,’’ before ‘‘or by an inde10 pendent’’.

11 (g) DISPOSAL OF PROPERTY.—Section 203(k) of the

12 Federal Property and Administrative Services Act of 1949

13 (40 U.S.C. 484(k)) is amended by adding at the end the

14 following:

15 ‘‘(5)(A) Under such regulations as the Administrator

16 may prescribe, the Administrator is authorized, in the dis17 cretion of the Administrator, to assign to the Director of

18 the Corporation for National Service and Community Vol19 unteers for disposal such surplus property as is rec20 ommended by the Director as being needed for national

21 service activities.

22 ‘‘(B) Subject to the disapproval of the Administrator,

23 within 30 days after notice to the Administrator by the

24 Director of a proposed transfer of property for such activi25 ties, the Director, through such officers or employees of
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•S 1212 IS

1 the Corporation as the Director may designate, may sell,

2 lease, or donate such property to any entity that receives

3 financial assistance under the National and Community

4 Service Act of 1990 for such activities.

5 ‘‘(C) In fixing the sale or lease value of such property,

6 the Director shall comply with the requirements of para7 graph (1)(C).’’.

8 (h) TABLE OF CONTENTS.—Section 1(b) of the Na9 tional and Community Service Act of 1990 (Public Law

10 101–610; 104 Stat. 3127) is amended by striking the

11 items relating to subtitle G of title I of such Act and in12 serting the following:

‘‘Subtitle G—Corporation for National Service and Community Volunteers

‘‘Sec. 191. Corporation for National Service and Community Volunteers.

‘‘Sec. 192. Board of Directors.

‘‘Sec. 192A. Authorities and duties of the Board of Directors.

‘‘Sec. 193. Director.

‘‘Sec. 193A. Authorities and duties of the Director.

‘‘Sec. 194. Management.

‘‘Sec. 195. Employees, consultants, and other personnel.

‘‘Sec. 196. Administration.’’.

13 (i) EFFECTIVE DATES.—

14 (1) IN GENERAL.—Except as provided in para15 graph (2), the amendments made by this section

16 shall take effect on October 1, 1993.

17 (2) ESTABLISHMENT AND APPOINTMENT AU18 THORITIES.—Sections 191, 192, and 193 of the Na19 tional and Community Service Act of 1990, as added

20 by subsection (a), shall take effect on the date of en21 actment of this Act.
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•S 1212 IS

1 SEC. 163. FINAL AUTHORITIES OF THE CORPORATION FOR

2 NATIONAL SERVICE AND COMMUNITY VOL3 UNTEERS.

4 (a) NATIONAL AND COMMUNITY SERVICE ACT OF

5 1990.—

6 (1) APPLICATION.—Section 178(e) of the Na7 tional and Community Service Act of 1990 (as

8 amended by section 161 of this Act) is amended,

9 and subtitle G of such Act (as amended by section

10 162 of this Act) is amended in section 191, section

11 192A(g)(5), section 193(c), subsections (b), (c)

12 (other than paragraph (8)), and (d) of section 193A,

13 section 195(c), and subsections (a) and (b) of sec14 tion 196, by striking ‘‘this Act’’ each place the term

15 appears and inserting ‘‘the national service laws’’.

16 (2) GRANTS.—Section 192A(g) of the National

17 and Community Service Act of 1990 (as added by

18 section 162 of this Act) is amended—

19 (A) by striking ‘‘and’’ at the end of para20 graph (9);

21 (B) by redesignating paragraph (10) as

22 paragraph (11); and

23 (C) by inserting after paragraph (9) the

24 following:

25 ‘‘(10) notwithstanding any other provision of

26 law, make grants to or contracts with Federal or
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1 other public departments or agencies and private

2 nonprofit organizations for the assignment or refer3 ral of volunteers under the provisions of the Domes4 tic Volunteer Service Act of 1973 (except as pro5 vided in section 108 of the Domestic Volunteer Serv6 ice Act of 1973), which may provide that the agency

7 or organization shall pay all or a part of the costs

8 of the program; and’’.

9 (b) AUTHORITIES OF ACTION AGENCY.—Sections

10 401 and 402 of the Domestic Volunteer Service Act of

11 1973 (42 U.S.C. 5041 and 5042) are repealed.

12 (c) TRANSFER OF FUNCTIONS FROM ACTION

13 AGENCY.—

14 (1) DEFINITIONS.—For purposes of this sub15 section, unless otherwise provided or indicated by

16 the context—

17 (A) the term ‘‘Corporation’’ means the

18 Corporation for National Service and Commu19 nity Volunteers, established under section 191

20 of the National and Community Service Act of

21 1990;

22 (B) the term ‘‘Director’’ means the Direc23 tor of the Corporation;
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1 (C) the term ‘‘Federal agency’’ has the

2 meaning given to the term ‘‘agency’’ by section

3 551(1) of title 5, United States Code;

4 (D) the term ‘‘function’’ means any duty,

5 obligation, power, authority, responsibility,

6 right, privilege, activity, or program; and

7 (E) the term ‘‘office’’ includes any office,

8 administration, agency, institute, unit, organi9 zational entity, or component thereof.

10 (2) TRANSFER OF FUNCTIONS.—There are

11 transferred to the Corporation such functions as the

12 President determines to be appropriate that the Di13 rector of the ACTION Agency exercised before the

14 effective date of this subsection (including all related

15 functions of any officer or employee of the ACTION

16 Agency).

17 (3) DETERMINATIONS OF CERTAIN FUNCTIONS

18 BY THE OFFICE OF MANAGEMENT AND BUDGET.—

19 If necessary, the Office of Management and Budget

20 shall make any determination of the functions that

21 are transferred under paragraph (2).

22 (4) REORGANIZATION.—The Director is author23 ized to allocate or reallocate any function transferred

24 under paragraph (2) among the officers of the Cor25 poration.
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1 (5) TRANSFER AND ALLOCATIONS OF APPRO2 PRIATIONS AND PERSONNEL.—Except as otherwise

3 provided in this subsection, the personnel employed

4 in connection with, and the assets, liabilities, con5 tracts, property, records, and unexpended balances

6 of appropriations, authorizations, allocations, and

7 other funds employed, used, held, arising from,

8 available to, or to be made available in connection

9 with the functions transferred by this subsection,

10 subject to section 1531 of title 31, United States

11 Code, shall be transferred to the Corporation. Unex12 pended funds transferred pursuant to this paragraph

13 shall be used only for the purposes for which the

14 funds were originally authorized and appropriated.

15 (6) INCIDENTAL TRANSFER.—The Director of

16 the Office of Management and Budget, at such time

17 or times as the Director shall provide, is authorized

18 to make such determinations as may be necessary

19 with regard to the functions transferred by this sub20 section, and to make such additional incidental dis21 positions of personnel, assets, liabilities, grants, con22 tracts, property, records, and unexpended balances

23 of appropriations, authorizations, allocations, and

24 other funds held, used, arising from, available to, or

25 to be made available in connection with such func-
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1 tions, as may be necessary to carry out the provi2 sions of this subsection. The Director of the Office

3 of Management and Budget shall provide for the ter4 mination of the affairs of all entities terminated by

5 this subsection and for such further measures and

6 dispositions as may be necessary to effectuate the

7 purposes of this subsection.

8 (7) EFFECT ON PERSONNEL.—

9 (A) IN GENERAL.—Except as otherwise

10 provided by this subsection, the transfer pursu11 ant to this subsection of full-time personnel (ex12 cept special Government employees) and part13 time personnel holding permanent positions

14 shall not cause any such employee to be sepa15 rated or reduced in grade or compensation, or

16 to have the benefits of the employee reduced,

17 for 1 year after the date of transfer of such em18 ployee under this subsection.

19 (B) EXECUTIVE SCHEDULE POSITIONS.—

20 Except as otherwise provided in this subsection,

21 any person who, on the day preceding the effec22 tive date of this subsection, held a position com23 pensated in accordance with the Executive

24 Schedule prescribed in chapter 53 of title 5,

25 United States Code, and who, without a break
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1 in service, is appointed in the Corporation to a

2 position having duties comparable to the duties

3 performed immediately preceding such appoint4 ment shall continue to be compensated in such

5 new position at not less than the rate provided

6 for such previous position, for the duration of

7 the service of such person in such new position.

8 (C) TERMINATION OF CERTAIN POSI9 TIONS.—Positions whose incumbents are ap10 pointed by the President, by and with the ad11 vice and consent of the Senate, the functions of

12 which are transferred by this subsection, shall

13 terminate on the effective date of this sub14 section.

15 (8) SAVINGS PROVISIONS.—

16 (A) CONTINUING EFFECT OF LEGAL DOCU17 MENTS.—All orders, determinations, rules, reg18 ulations, permits, agreements, grants, contracts,

19 certificates, licenses, registrations, privileges,

20 and other administrative actions—

21 (i) that have been issued, made,

22 granted, or allowed to become effective by

23 the President, any Federal agency or offi24 cial thereof, or by a court of competent ju25 risdiction, in the performance of functions
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1 that are transferred under this subsection;

2 and

3 (ii) that are in effect at the time this

4 subsection takes effect, or were final before

5 the effective date of this subsection and

6 are to become effective on or after the ef7 fective date of this subsection,

8 shall continue in effect according to their terms

9 until modified, terminated, superseded, set

10 aside, or revoked in accordance with law by the

11 President, the Director, or other authorized of12 ficial, a court of competent jurisdiction, or by

13 operation of law.

14 (B) PROCEEDINGS NOT AFFECTED.—The

15 provisions of this subsection shall not affect any

16 proceedings, including notices of proposed rule17 making, or any application for any license, per18 mit, certificate, or financial assistance pending

19 before the ACTION Agency at the time this

20 subsection takes effect, with respect to func21 tions transferred by this subsection but such

22 proceedings and applications shall be continued.

23 Orders shall be issued in such proceedings, ap24 peals shall be taken therefrom, and payments

25 shall be made pursuant to such orders, as if
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•S 1212 IS

1 this subsection had not been enacted, and or2 ders issued in any such proceedings shall con3 tinue in effect until modified, terminated, su4 perseded, or revoked by a duly authorized offi5 cial, by a court of competent jurisdiction, or by

6 operation of law. Nothing in this subparagraph

7 shall be deemed to prohibit the discontinuance

8 or modification of any such proceeding under

9 the same terms and conditions and to the same

10 extent that such proceeding could have been

11 discontinued or modified if this subsection had

12 not been enacted.

13 (C) SUITS NOT AFFECTED.—The provi14 sions of this subsection shall not affect suits

15 commenced before the effective date of this sub16 section, and in all such suits, proceedings shall

17 be had, appeals taken, and judgments rendered

18 in the same manner and with the same effect

19 as if this subsection had not been enacted.

20 (D) NONABATEMENT OF ACTIONS.—No

21 suit, action, or other proceeding commenced by

22 or against the ACTION Agency, or by or

23 against any individual in the official capacity of

24 such individual as an officer of the ACTION
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1 Agency, shall abate by reason of the enactment

2 of this subsection.

3 (E) ADMINISTRATIVE ACTIONS RELATING

4 TO PROMULGATION OF REGULATIONS.—Any ad5 ministrative action relating to the preparation

6 or promulgation of a regulation by the AC7 TION Agency relating to a function transferred

8 under this subsection may be continued by the

9 Corporation with the same effect as if this sub10 section had not been enacted.

11 (9) SEVERABILITY.—If a provision of this sub12 section or its application to any person or cir13 cumstance is held invalid, neither the remainder of

14 this subsection nor the application of the provision

15 to other persons or circumstances shall be affected.

16 (10) TRANSITION.—Prior to, or after, any

17 transfer of a function under this subsection, the Di18 rector is authorized to utilize—

19 (A) the services of such officers, employ20 ees, and other personnel of the ACTION Agen21 cy with respect to functions that will be or have

22 been transferred to the Corporation by this sub23 section; and

24 (B) funds appropriated to such functions

25 for such period of time as may reasonably be
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1 needed to facilitate the orderly implementation

2 of this subsection.

3 (d) EFFECTIVE DATE.—

4 (1) IN GENERAL.—Except as provided in para5 graph (2), this section, and the amendments made

6 by this section, shall take effect—

7 (A) 18 months after the date of enactment

8 of this Act; or

9 (B) on such earlier date as the President

10 shall determine to be appropriate and announce

11 by proclamation published in the Federal Reg12 ister.

13 (2) TRANSITION.—Subsection (c)(10) shall take

14 effect on the date of enactment of this Act.

15 Subtitle H—Other Activities

16 SEC. 171. POINTS OF LIGHT FOUNDATION.

17 Section 301(b)(3) (42 U.S.C. 12661(b)(3)) is amend18 ed by inserting ‘‘and make awards to’’ after ‘‘develop’’.

19 Subtitle I—Authorization of

20 Appropriations

21 SEC. 181. AUTHORIZATION.

22 (a) NATIONAL AND COMMUNITY SERVICE ACT OF

23 1990.—Section 501 of the National and Community Serv24 ice Act of 1990 (42 U.S.C. 12681) is amended to read

25 as follows:
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1 ‘‘SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘(a) NATIONAL AND COMMUNITY SERVICE.—

3 ‘‘(1) SERVICE-LEARNING.—There are author4 ized to be appropriated to carry out subtitle B of

5 title I, $30,600,000 for each of fiscal years 1994

6 and 1995, and such sums as may be necessary for

7 each subsequent fiscal year.

8 ‘‘(2) NATIONAL SERVICE.—

9 ‘‘(A) IN GENERAL.—There are authorized

10 to be appropriated to carry out subtitle C of

11 title I (other than sections 123 and 125),

12 $67,900,000 for fiscal year 1994, $136,000,000

13 for fiscal year 1995, and such sums as may be

14 necessary for each subsequent fiscal year.

15 ‘‘(B) DEMONSTRATION EFFORTS.—There

16 are authorized to be appropriated to carry out

17 section 123, $10,000,000 for fiscal year 1994,

18 and $20,000,000 for fiscal year 1995.

19 ‘‘(C) OTHER SPECIAL EFFORTS.—There

20 are authorized to be appropriated to carry out

21 section 125, $10,000,000 for fiscal year 1994,

22 $12,000,000 for fiscal year 1995, and such

23 sums as may be necessary for each subsequent

24 fiscal year.

25 ‘‘(3) QUALITY AND INNOVATION ACTIVITIES.—

26 There are authorized to be appropriated to carry out
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1 subtitle D, $10,000,000 for fiscal year 1994, and

2 $15,000,000 for fiscal year 1995.

3 ‘‘(4) ADMINISTRATION AND ORGANIZATION.—

4 There are authorized to be appropriated to carry out

5 subtitles F and G, $5,000,000 for fiscal year 1994,

6 $9,000,000 for fiscal year 1995, and such sums as

7 may be necessary for each subsequent fiscal year.

8 ‘‘(b) POINTS OF LIGHT FOUNDATION.—There are

9 authorized to be appropriated to carry out title III,

10 $5,000,000 for each of fiscal years 1994 and 1995.’’.

11 (b) EXTENSION OF AUTHORITY TO CONDUCT CIVIL12 IAN COMMUNITY CORPS.—Section 1092(c) of the National

13 Defense Authorization Act for Fiscal Year 1993 (Public

14 Law 102–484; 106 Stat. 2534) is further amended by

15 adding at the end the following new sentence: ‘‘The

16 amount made available for the Civilian Community Corps

17 Demonstration Program pursuant to this subsection shall

18 remain available for expenditure during fiscal years 1993,

19 1994, and 1995.’’.

20 Subtitle J—General Provisions

21 SEC. 191. EFFECTIVE DATE.

22 This title, and the amendments made by this title,

23 shall take effect on October 1, 1993.
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1 TITLE II—OTHER SERVICE

2 PROGRAMS

3 SEC. 201. REPEALS OF SERVICE PROGRAMS.

4 (a) IN GENERAL.—The following provisions are re5 pealed:

6 (1) Subtitles D and E of title I (as amended by

7 sections 131 and 141 of this Act), and title III, of

8 the National and Community Service Act of 1990.

9 (2) Parts A, B, and C of title I, and title II,

10 of the Domestic Volunteer Service Act of 1973. (42

11 U.S.C. 4951 et seq., 4971 et seq., 4991 et seq., and

12 5000 et seq.).

13 (3) Title XI of the Higher Education Act of

14 1965 (20 U.S.C. 1136 et seq.).

15 (4) Public Law 91–378 (16 U.S.C. 1701–1706;

16 commonly known as the ‘‘Youth Conservation Corps

17 Act of 1970’’).

18 (b) EFFECTIVE DATE.—The repeals made by sub19 section (a) shall take effect 24 months after the amend20 ments made by section 121 take effect.

21 SEC. 202. TRANSITION.

22 (a) STUDY AND REPORT.—

23 (1) STUDY.—The Director of the Corporation

24 for National Service and Community Volunteers (re25 ferred to in this title as the ‘‘Director’’) shall, in
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1 consultation with the Secretary of Education, the

2 Director of ACTION, the Secretary of the Interior,

3 the Secretary of Agriculture, the Secretary of De4 fense, and the Director of the Office of Personnel

5 Management, conduct a study to examine—

6 (A) strategies for carrying out, under sub7 title C of title I of the National and Community

8 Service Act of 1990, through the division of the

9 Corporation that carries out national service

10 programs, the programs and activities that are

11 being carried out under—

12 (i) subtitles D and E of title I of the

13 National and Community Service Act of

14 1990 (as amended by sections 131 and

15 141 of this Act);

16 (ii) part A of title I, and, in particu17 lar, section 109, of the Domestic Volunteer

18 Service Act of 1973;

19 (iii) title XI of the Higher Education

20 Act of 1965; and

21 (iv) Public Law 91–378 (16 U.S.C.

22 1701–1706; commonly known as the

23 ‘‘Youth Conservation Corps Act of 1970’’;

24 and
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1 (B) strategies for carrying out, under sub2 title B of title I of the National and Community

3 Service Act of 1990, through the division of the

4 Corporation that carries out volunteer pro5 grams, the programs and activities that are

6 being carried out under—

7 (i) title III of the National and Com8 munity Service Act of 1990; and

9 (ii) parts B and C of title I, and parts

10 A, B, and C, of title II, of the Domestic

11 Volunteer Service Act of 1973.

12 (2) REPORT.—Not later than 21 months after

13 the amendments made by section 121 take effect,

14 the Director of the Corporation for National Service

15 and Community Volunteers shall submit to the ap16 propriate committees of Congress a report contain17 ing—

18 (A) the findings and conclusions of the Di19 rector, based on the study described in para20 graph (1); and

21 (B) recommendations for legislative reform

22 to carry out—

23 (i) the programs and activities speci24 fied in paragraph (1)(A) under subtitle C
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1 of title I of the National and Community

2 Service Act of 1990; and

3 (ii) the programs and activities speci4 fied in paragraph (1)(B) under subtitle B

5 of such title.

6 (3) MODIFICATION.—Notwithstanding any

7 other provision of this Act and to the extent the

8 Corporation for National Service and Community

9 Volunteers determines it is appropriate and fiscally

10 responsible, the Corporation may include in the re11 port recommendations to reduce the period between

12 the date of the enactment of this Act and the effec13 tive date provided in section 201(b).

14 (4) EFFECT OF RECOMMENDATIONS.—Unless

15 the Congress enacts a disapproval resolution under

16 the procedures described in section 203 not later

17 than the date that is 90 days after the submission

18 of the report described in paragraph (2), on such

19 date, the recommendations contained within the re20 port shall have the force of law.

21 (b) REGULATIONS.—

22 (1) IN GENERAL.—The Director shall issue

23 such regulations as are necessary to provide for a

24 transition to the implementation of the programs

25 and activities specified in subsection (a)(1).
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1 (2) CONSIDERATIONS.—In promulgating the

2 regulations described in paragraph (1) the Director

3 shall take into consideration the findings and conclu4 sions of the study described in subsection (a)(1).

5 SEC. 203. RULES GOVERNING CONGRESSIONAL CONSIDER6 ATION.

7 (a) RULES OF HOUSE OF REPRESENTATIVES AND

8 SENATE.—This section is enacted by the Congress—

9 (1) as an exercise of the rulemaking power of

10 the House of Representatives and the Senate, re11 spectively, and as such is deemed a part of the rules

12 of each House, respectively, but applicable only with

13 respect to the procedure to be followed in that

14 House in the case of disapproval resolutions de15 scribed in subsection (b), and supersedes other rules

16 only to the extent that such rules are inconsistent

17 therewith; and

18 (2) with full recognition of the constitutional

19 right of either House to change the rules (so far as

20 relating to the procedure of that House) at any time,

21 in the same manner and to the same extent as in

22 the case of any other rule of that House.

23 (b) TERMS OF THE RESOLUTION.—For purposes of

24 this Act, the term ‘‘disapproval resolution’’ means only a
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1 joint resolution of the two Houses of the Congress, provid2 ing in—

3 (1) the matter after the resolving clause of

4 which is as follows: ‘‘That the Congress disapproves

5 the action of the Director of the Corporation for Na6 tional Service and Community Volunteers as submit7 ted by the Director on

8 llllllllllllll’’, the blank space

9 being filled in with the appropriate date; and

10 (2) the title of which is as follows: ‘‘Joint Reso11 lution disapproving the action of the Director of the

12 Corporation for National Service and Community

13 Volunteers’’.

14 (c) INTRODUCTION AND REFERRAL.—On the day on

15 which the report describing the action of the Director of

16 the Corporation for National Service and Community Vol17 unteers is transmitted to the House of Representatives

18 and the Senate, a disapproval resolution with respect to

19 such action shall be introduced (by request) in the House

20 of Representatives by the Majority Leader of the House,

21 for himself and the Minority Leader of the House, or by

22 Members of the House designated by the Majority Leader

23 of the House, for himself and the Minority Leader of the

24 House, or by Members of the House designated by the

25 Majority Leader and Minority Leader of the House; and
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•S 1212 IS

1 shall be introduced (by request) in the Senate by the Ma2 jority Leader of the Senate, for himself and the Minority

3 Leader of the Senate, or by Members of the Senate des4 ignated by the Majority Leader and Minority Leader of

5 the Senate. If either House is not in session on the day

6 on which such an action is transmitted, the disapproval

7 resolution with respect to such action shall be introduced

8 in the House, as provided in the preceding sentence, on

9 the first day thereafter on which the House is in session.

10 The disapproval resolution introduced in the House of

11 Representatives and the Senate shall be referred to the

12 appropriate committees of each House.

13 (d) AMENDMENTS PROHIBITED.—No amendment to

14 a disapproval resolution shall be in order in either the

15 House of Representatives or the Senate, and no motion

16 to suspend the application of this subsection shall be in

17 order in either House, nor shall it be in order in either

18 House for the Presiding Officer to entertain a request to

19 suspend the application of this subsection by unanimous

20 consent.

21 (e) PERIOD FOR COMMITTEE AND FLOOR CONSIDER22 ATION.—

23 (1) IN GENERAL.—Except as provided in para24 graph (2), if the committee or committees of either

25 House to which a disapproval resolution has been re-
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1 ferred have not reported it at the close of the 45th

2 day after its introduction, such committee or com3 mittees shall be automatically discharged from fur4 ther consideration of the disapproval resolution and

5 it shall be placed on the appropriation calendar. A

6 vote on final passage of the disapproval resolution

7 shall be taken in each House on or before the close

8 of the 45th day after the disapproval resolution is

9 reported by the committees or committee of that

10 House to which it was referred, or after such com11 mittee or committees have been discharged from fur12 ther consideration of the disapproval resolution. If

13 prior to the passage by one House of a disapproval

14 resolution of that House, that House receives the

15 same disapproval resolution from the other House

16 then—

17 (A) the procedure in that House shall be

18 the same as if no disapproval resolution had

19 been received from the other House; but

20 (B) the vote on final passage shall be on

21 the disapproval resolution of the other House.

22 (2) COMPUTATION OF DAYS.—For purposes of

23 paragraph (1), in computing a number of days in ei24 ther House, there shall be excluded any day on

25 which the House is not in session.
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1 (f) FLOOR CONSIDERATION IN THE HOUSE OF REP2 RESENTATIVES.—

3 (1) MOTION TO PROCEED.—A motion in the

4 House of Representatives to proceed to the consider5 ation of a disapproval resolution shall be highly priv6 ileged and not debatable. An amendment to the mo7 tion shall not be in order, nor shall it be in order

8 to move to reconsider the vote by which the motion

9 is agreed to or disagreed to.

10 (2) DEBATE.—Debate in the House of Rep11 resentatives on a disapproval resolution shall be

12 limited to not more than 20 hours, which shall be

13 divided equally between those favoring and those op14 posing the disapproval resolution. A motion further

15 to limit debate shall not be debatable. It shall not

16 be in order to move to recommit a disapproval reso17 lution or to move to reconsider the vote by which a

18 disapproval resolution is agreed to or disagreed to.

19 (3) MOTION TO POSTPONE.—Motions to post20 pone, made in the House of Representatives with re21 spect to the consideration of a disapproval resolu22 tion, and motions to proceed to the consideration of

23 other business, shall be decided without debate.

24 (4) APPEALS.—All appeals from the decisions

25 of the Chair relating to the application of the Rules
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•S 1212 IS

1 of the House of Representatives to the procedure re2 lating to a disapproval resolution shall be decided

3 without debate.

4 (5) GENERAL RULES APPLY.—Except to the ex5 tent specifically provided in the preceding provisions

6 of this subsection, consideration of a disapproval res7 olution shall be governed by the Rules of the House

8 of Representatives applicable to other bills and reso9 lutions in similar circumstances.

10 (g) FLOOR CONSIDERATION IN THE SENATE.—

11 (1) MOTION TO PROCEED.—A motion in the

12 Senate to proceed to the consideration of a dis13 approval resolution shall be privileged and not debat14 able. An amendment to the motion shall not be in

15 order, nor shall it be in order to move to reconsider

16 the vote by which the motion is agreed to or dis17 agreed to.

18 (2) GENERAL DEBATE.—Debate in the Senate

19 on a disapproval resolution, and all debatable mo20 tions and appeals in connection therewith, shall be

21 limited to not more than 20 hours. The time shall

22 be equally divided between, and controlled by, the

23 Majority Leader and the Minority Leader or their

24 designees.
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1 (3) DEBATE OF MOTIONS AND APPEALS.—De2 bate in the Senate on any debatable motion or ap3 peal in connection with a disapproval resolution shall

4 be limited to not more than 1 hour, to be equally di5 vided between, and controlled by, the mover and the

6 manager of the disapproval resolution, except that in

7 the event the manager of the disapproval resolution

8 is in favor of any such motion or appeal, the time

9 in opposition thereto, shall be controlled by the Mi10 nority Leader or his designee. Such leaders, or ei11 ther of them, may, from time under their control on

12 the passage of a disapproval resolution, allot addi13 tional time to any Senator during the consideration

14 of any debatable motion or appeal.

15 (4) OTHER MOTIONS.—A motion in the Senate

16 to further limit debate is not debatable. A motion to

17 recommit a disapproval resolution is not in order.

18 (h) POINT OF ORDER REQUIRING SUPERMAJORITY

19 FOR MODIFICATIONS TO ACTIONS ONCE APPROVED.—

20 (1) IN GENERAL.—It shall not be in order in

21 the House of Representatives or the Senate to con22 sider any amendment to the actions of the Director

23 of the Corporation for National Service and Commu24 nity Volunteers except as provided in paragraph (2).
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1 (2) WAIVER.—The point of order described in

2 paragraph (1) may be waived or suspended in the

3 House of Representatives or the Senate only, by the

4 affirmative vote of three-fifths of the Members duly

5 chosen and sworn.

6 SEC. 204. AUTHORIZATION OF APPROPRIATIONS.

7 (a) NATIONAL VOLUNTEER ANTIPOVERTY PRO8 GRAMS.—Section 501 of the Domestic Volunteer Service

9 Act of 1973 (42 U.S.C. 5081) is amended to read as fol10 lows:

11 ‘‘SEC. 501. NATIONAL VOLUNTEER ANTIPOVERTY PRO12 GRAMS AUTHORIZATION.

13 ‘‘(a) VOLUNTEERS IN SERVICE TO AMERICA PRO14 GRAM.—

15 ‘‘(1) IN GENERAL.—There are authorized to be

16 appropriated to carry out part A of title I (except

17 section 109) $45,800,000 for each of fiscal years

18 1994 and 1995.

19 ‘‘(2) LITERACY ACTIVITIES.—There are author20 ized to be appropriated to carry out subsections (c)

21 and (d) of section 109 and to expand the number of

22 VISTA Literacy Corps volunteers in literacy pro23 grams and projects under part A of title I of this

24 Act $5,000,000 for each of fiscal years 1994 and

25 1995.
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1 ‘‘(b) STUDENT COMMUNITY SERVICE PROGRAMS.—

2 There are authorized to be appropriated to carry out part

3 B of title I of this Act $2,200,000 for each of fiscal years

4 1994 and 1995.

5 ‘‘(c) SPECIAL VOLUNTEER PROGRAMS.—

6 ‘‘(1) PROGRAM ACTIVITIES AND DRUG ABUSE

7 PREVENTION ACTIVITIES.—

8 ‘‘(A) PROGRAM ACTIVITIES.—There are

9 authorized to be appropriated to carry out part

10 C of title I of this Act (other than section

11 124(b)) such sums as may be necessary for

12 each of the fiscal years 1994 and 1995.

13 ‘‘(B) DRUG ABUSE PREVENTION ACTIVI14 TIES.—In addition to the amounts authorized

15 to be appropriated by subparagraph (A), there

16 are authorized to be appropriated for support of

17 drug abuse prevention such sums for each of

18 the fiscal years 1994 and 1995.

19 ‘‘(C) USE OF FUNDS.—With respect to

20 amounts appropriated for any fiscal year pursu21 ant to subparagraph (B), the Director—

22 ‘‘(i) shall use not more than 25 per23 cent of such amounts for purposes of car24 rying out section 124(b); and
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1 ‘‘(ii) shall ensure that not more than

2 $500,000 is used for administrative costs

3 of programs carried out under such part.

4 ‘‘(2) LITERACY CHALLENGE GRANTS.—Except

5 as provided in paragraph (3) and in addition to the

6 amounts authorized to be appropriated pursuant to

7 paragraph (1) there are authorized to be appro8 priated for Literacy Challenge Grants under section

9 125 such sums as may be necessary for each of the

10 fiscal years 1994 and 1995.

11 ‘‘(3) LIMITATION.—No funds shall be appro12 priated pursuant to paragraph (2) in any fiscal year

13 unless—

14 ‘‘(A) the funds available in such fiscal year

15 for the VISTA Program under part A of title

16 I are sufficient to provide the years of volunteer

17 service specified for such fiscal year under sub18 section (d)(1) for the VISTA Program; and

19 ‘‘(B) the funds available in such fiscal year

20 for the VISTA Literacy Corps under part A of

21 title I are sufficient to provide at least the same

22 years of volunteer service as were provided in

23 the fiscal year preceding such fiscal year.

24 ‘‘(d) VOLUNTEER SERVICE REQUIREMENT.—
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1 ‘‘(1) VOLUNTEER SERVICE YEARS.—Of the

2 amounts appropriated under this section for parts A,

3 B, and C of title I (other than section 124(b)) and

4 for sections 109(c) and 109(d), there shall first be

5 available for part A of title I (other than section

6 109), an amount not less than the amount necessary

7 to provide 3,400 years of volunteer service in each

8 of fiscal years 1994 and 1995.

9 ‘‘(2) DEFINITION.—For purposes of paragraph

10 (1), the term ‘volunteer service’ shall include train11 ing and other support required under this Act for

12 purposes of part A of title I.

13 ‘‘(3) CALCULATION.—

14 ‘‘(A) COSTS OF COMPLIANCE.—In applying

15 criteria with respect to meeting the number of

16 years of volunteer service under paragraph (1)

17 for a fiscal year, the Director may not exclude

18 the costs of complying with section 105(b)(2)

19 for each volunteer under this part.

20 ‘‘(B) ALLOWANCES FOR SUBSISTENCE.—

21 The minimum level of allowances for subsist22 ence required under section 105(b)(2) to be

23 provided to each volunteer under this part may

24 not be reduced or limited in order to provide for

25 the increase in the number of years of volunteer
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1 service specified in paragraph (1) for each of

2 the fiscal years 1994 and 1995.

3 ‘‘(C) REALLOCATION.—If the Director de4 termines that funds appropriated to carry out

5 part A of title I are insufficient to provide for

6 the years of volunteer service as required in

7 paragraph (1), the Director shall, within a rea8 sonable period of time in advance of the date on

9 which such additional funds must be reallocated

10 to satisfy the requirements of such subsection,

11 notify the relevant authorizing and appropriat12 ing Committees of Congress. Funds shall be re13 allocated to part A of title I from amounts ap14 propriated for part C of such title prior to the

15 reallocation of funds appropriated for other

16 parts.

17 ‘‘(e) LIMITATION.—No part of the funds authorized

18 under subsection (a) may be used to provide volunteers

19 or assistance to any program or project authorized under

20 part B or C of title I, or under title II, unless the program

21 or project meets the antipoverty criteria of part A of

22 title I.’’.

23 (b) OLDER AMERICANS VOLUNTEER PROGRAMS.—

24 Section 502 of the Domestic Volunteer Service Act of

25 1973 (42 U.S.C. 5082) is amended to read as follows:
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1 ‘‘SEC. 502. OLDER AMERICANS VOLUNTEER PROGRAMS.

2 ‘‘(a) RETIRED SENIOR VOLUNTEER PROGRAM.—

3 There are authorized to be appropriated to carry out pro4 grams under part A of title II of this Act $37,054,000

5 for each of the fiscal years 1994 and 1995.

6 ‘‘(b) FOSTER GRANDPARENT PROGRAM.—There are

7 authorized to be appropriated to carry out programs under

8 part B of title II of this Act $71,284,000 for each of the

9 fiscal years 1994 and 1995.

10 ‘‘(c) SENIOR COMPANION PROGRAM.—There are au11 thorized to be appropriated to carry out part C of title

12 II of this Act $32,509,000 for each of the fiscal years

13 1994 and 1995.’’.

14 (c) ADMINISTRATION AND COORDINATION.—Section

15 504 of the Domestic Volunteer Service Act of 1973 (42

16 U.S.C. 5084) is amended to read as follows:

17 ‘‘SEC. 504. ADMINISTRATION.

18 ‘‘For each of the fiscal years 1994 and 1995, there

19 is authorized to be appropriated for the administration of

20 this Act, as authorized in title IV, 10 percent of the total

21 amount appropriated under sections 501 and 502 for such

22 year.’’.

23 SEC. 205. CONSTRUCTION.

24 Nothing in this Act, or any amendment made by this

25 Act, shall be construed to modify the amount of the finan26 cial assistance or benefits received by a participant or vol-
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1 unteer for participation or volunteer service in a program

2 or activity carried out under a provision described in sec3 tion 201(a), as in effect on the day before the date of en4 actment of this Act.

5 TITLE III—TECHNICAL AND

6 CONFORMING AMENDMENTS

7 SEC. 301. DEFINITION OF DIRECTOR.

8 Section 421 of the Domestic Volunteer Service Act

9 of 1973 (42 U.S.C. 5061) is amended by striking para10 graph (1) and inserting the following new paragraph:

11 ‘‘(1) the term ‘Director’ means the Director of

12 the Corporation for National Service and Commu13 nity Volunteers appointed under section 193 of the

14 National and Community Service Act of 1990;’’.

15 SEC. 302. REFERENCES TO ACTION AND THE ACTION

16 AGENCY.

17 (a) DOMESTIC VOLUNTEER SERVICE ACT OF

18 1973.—

19 (1) The table of contents of the Act is amended

20 by striking the item relating to section 112 and in21 serting the following:

‘‘Sec. 112. Authority to operate University Year for VISTA program.

22 (2) Section 2(b) of the Domestic Volunteer

23 Service Act of 1973 (42 U.S.C. 4950(b)) is amend24 ed—
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1 (A) by striking ‘‘ACTION, the Federal do2 mestic volunteer agency,’’ and inserting ‘‘this

3 Act’’; and

4 (B) by striking ‘‘ACTION’’ and inserting

5 ‘‘the Corporation for National Service and

6 Community Volunteers’’.

7 (3) Section 103 (42 U.S.C. 4953) is amended—

8 (A) in subsection (b)—

9 (i) in paragraphs (2), (5), and (6), by

10 striking ‘‘ACTION Agency’’ each place the

11 term appears and inserting ‘‘Corporation’’;

12 and

13 (ii) in paragraph (6), by striking ‘‘re14 gional ACTION office’’ and inserting ‘‘re15 gional office of the Corporation’’; and

16 (B) in subsection (c)(1)(D), by striking

17 ‘‘ACTION Agency’’ and inserting ‘‘Corpora18 tion’’.

19 (4) Section 105(b) (42 U.S.C. 4955(b)) is

20 amended in paragraphs (3)(A) and (4) by striking

21 ‘‘ACTION Agency’’ and inserting ‘‘Corporation’’.

22 (5) Part B of title I (42 U.S.C. 4971 et seq.)

23 is amended—

24 (A) in the part heading, to read as follows:
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1 ‘‘PART B—UNIVERSITY YEAR FOR VISTA’’;

2 (B) by striking ‘‘University Year for AC3 TION’’ each place that such term appears in

4 such part and inserting ‘‘University Year for

5 VISTA’’;

6 (C) by striking ‘‘UYA’’ each place that

7 such term appears in such part and inserting

8 ‘‘UYV’’; and

9 (D) in section 112 (42 U.S.C. 4972) by

10 striking the section heading and inserting the

11 following new section heading:

12 ‘‘AUTHORITY TO OPERATE UNIVERSITY YEAR FOR VISTA

13 PROGRAM’’.

14 (6) Section 125(b) of such Act (42 U.S.C.

15 4995(b)) is amended by striking ‘‘the ACTION

16 Agency’’ and inserting ‘‘the Corporation’’.

17 (7) Section 225(e) of such Act (42 U.S.C.

18 5025(e)) is amended by striking ‘‘the ACTION

19 Agency’’ and inserting ‘‘the Corporation’’.

20 (8) Section 403(a) of such Act (42 U.S.C.

21 5043(a) is amended—

22 (A) by striking ‘‘the ACTION Agency’’ the

23 first place such term appears and inserting ‘‘the

24 Corporation under this Act’’; and
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1 (B) by striking ‘‘the ACTION Agency’’ the

2 second place such term appears and inserting

3 ‘‘the Corporation’’.

4 (9) Section 407(5) (42 U.S.C. 5047(5)) is

5 amended by striking ‘‘ACTION Agency’’ and insert6 ing ‘‘Corporation’’.

7 (10) Section 408 of such Act (42 U.S.C. 5048)

8 is amended by striking ‘‘the ACTION Agency’’ and

9 inserting ‘‘the Corporation’’.

10 (11) Section 416(f)(1) (42 U.S.C. 5056(f)(1))

11 is amended by striking ‘‘ACTION Agency’’ and in12 serting ‘‘Corporation’’.

13 (12) Section 420(b) (42 U.S.C. 5060(b)) is

14 amended by striking ‘‘ACTION Agency’’ and insert15 ing ‘‘Corporation’’.

16 (13) Section 421(9) of such Act (as added by

17 section 163 of this Act) is further amended by strik18 ing ‘‘ACTION’’ and inserting ‘‘the Corporation’’.

19 (14) Section 702(a) (42 U.S.C. 5091a(a)) is

20 amended by striking ‘‘of the ACTION Agency’’.

21 (15) Section 713(2) (42 U.S.C. 5091l(2)) is

22 amended by striking ‘‘ACTION agency’’ and insert23 ing ‘‘Corporation’’.

24 (b) INSPECTOR GENERAL.—
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1 (1) TERMINATION OF STATUS AS DESIGNATED

2 FEDERAL ENTITY.—Section 8E(a)(2) of the Inspec3 tor General Act of 1978 (5 U.S.C. App.) is amended

4 by striking ‘‘ACTION,’’.

5 (2) TRANSFER.—Section 9(a)(1) of the Inspec6 tor General Act of 1978 (5 U.S.C. App.) is amend7 ed—

8 (A) in subparagraph (T), by striking

9 ‘‘and’’ at the end; and

10 (B) by adding at the end the following:

11 ‘‘(V) of the Corporation for National Serv12 ice and Community Volunteers, the Office of

13 Inspector General of ACTION; and’’.

14 (c) PUBLIC HOUSING SECURITY.—Section 207(c) of

15 the Public Housing Security Demonstration Act of 1978

16 (Public Law 95–557; 92 Stat. 2093; 12 U.S.C. 1701z–

17 6 note) is amended—

18 (1) in paragraph (3)(ii), by striking ‘‘ACTION’’

19 and inserting ‘‘the Corporation for National Service

20 and Community Volunteers’’; and

21 (2) in paragraph (4), by striking ‘‘ACTION’’

22 and inserting ‘‘the Corporation for National Service

23 and Community Volunteers’’.

24 (d) NATIONAL FOREST VOLUNTEERS.—Section 1 of

25 the Volunteers in the National Forests Act of 1972 (16
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1 U.S.C. 558a) is amended by striking ‘‘ACTION’’ and in2 serting ‘‘the Corporation for National Service and Com3 munity Volunteers’’.

4 (e) PEACE CORPS.—Section 2A of the Peace Corps

5 Act (22 U.S.C. 2501–1) is amended by inserting after

6 ‘‘the ACTION Agency’’ the following: ‘‘, the successor to

7 the ACTION Agency,’’.

8 (f) INDIAN ECONOMIC DEVELOPMENT.—Section 502

9 of the Indian Financing Act of 1974 (25 U.S.C. 1542)

10 is amended by striking ‘‘ACTION Agency’’ and inserting

11 ‘‘the Corporation for National Service and Community

12 Volunteers’’.

13 (g) OLDER AMERICANS.—The Older Americans Act

14 of 1965 is amended—

15 (1) in section 202(c)(1) (42 U.S.C. 3012(c)(1)),

16 by striking ‘‘the Director of the ACTION Agency’’

17 and inserting ‘‘the Corporation for National Service

18 and Community Volunteers’’;

19 (2) in section 203(a)(1) (42 U.S.C.

20 3013(a)(1)), by striking ‘‘the ACTION Agency’’ and

21 inserting ‘‘the Corporation for National Service and

22 Community Volunteers’’; and

23 (3) in section 422(b)(12)(C) (42 U.S.C.

24 3035a(b)(12)(C)), by striking ‘‘the ACTION Agen-
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1 cy’’ and inserting ‘‘the Corporation for National

2 Service and Community Volunteers’’.

3 (h) VISTA SERVICE EXTENSION.—Section 101(c)(1)

4 of the Domestic Volunteer Service Act Amendments of

5 1989 (Public Law 101–204; 103 Stat. 1810; 42 U.S.C.

6 4954 note) is amended by striking ‘‘Director of the AC7 TION Agency’’ and inserting ‘‘Director of the Corporation

8 for National Service and Community Volunteers’’.

9 (i) AGING RESOURCE SPECIALISTS.—Section 205(c)

10 of the Older Americans Amendments of 1975 (Public Law

11 94–135; 89 Stat. 727; 42 U.S.C. 5001 note) is amended—

12 (1) in paragraph (1)—

13 (A) by striking ‘‘the ACTION Agency,’’

14 and inserting ‘‘the Corporation for National

15 Service and Community Volunteers,’’; and

16 (B) by striking ‘‘the Director of the AC17 TION Agency’’ and inserting ‘‘the Director of

18 the Corporation’’;

19 (2) in paragraph (2)(A), by striking ‘‘ACTION

20 Agency’’ and inserting ‘‘Corporation’’; and

21 (3) in paragraph (3), by striking subparagraph

22 (A) and inserting the following new subparagraph:

23 ‘‘(A) the term ‘Corporation’ means the Cor24 poration for National Service and Community Vol-
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1 unteers established by section 191 of the National

2 and Community Service Act of 1990.’’.

3 (j) PROMOTION OF PHOTOVOLTAIC ENERGY.—Sec4 tion 11(a) of the Solar Photovoltaic Energy Research, De5 velopment, and Demonstration Act of 1978 (42 U.S.C.

6 5590) is amended by striking ‘‘the Director of ACTION,’’.

7 (k) COORDINATING COUNCIL ON JUVENILE JUS8 TICE.—Section 206(a)(1) of the Juvenile Justice and De9 linquency Prevention Act of 1974 (42 U.S.C. 5616(a)(1))

10 is amended by striking ‘‘the Director of the ACTION

11 Agency’’ and inserting ‘‘the Director of the Corporation

12 for National Service and Community Volunteers’’.

13 (l) ENERGY CONSERVATION.—Section 413(b)(1) of

14 the Energy Conservation and Production Act (42 U.S.C.

15 6863(b)(1)) is amended by striking ‘‘the Director of the

16 ACTION Agency,’’.

17 (m) INTERAGENCY COUNCIL ON THE HOMELESS.—

18 Section 202(a) of the Stewart B. McKinney Homeless As19 sistance Act (42 U.S.C. 11312(a)) is amended by striking

20 paragraph (12) and inserting the following new para21 graph:

22 ‘‘(12) The Director of the Corporation for Na23 tional Service and Community Volunteers, or the

24 designee of the Director.’’.
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1 (n) ANTI-DRUG ABUSE.—Section 3601 of the Anti2 Drug Abuse Act of 1988 (42 U.S.C. 11851) is amended

3 by striking paragraph (5) and inserting the following new

4 paragraph:

5 ‘‘(5) the term ‘Director’ means the Director of

6 the Corporation for National Service and Commu7 nity Volunteers,’’.

8 (o) ADMINISTRATION ON CHILDREN, YOUTH, AND

9 FAMILIES.—Section 916(b) of the Claude Pepper Young

10 Americans Act of 1990 (42 U.S.C. 12312(b)) is amended

11 by striking ‘‘the Director of the ACTION Agency’’ and

12 inserting ‘‘the Director of the Corporation for National

13 Service and Community Volunteers’’.

14 SEC. 303. DEFINITIONS.

15 Section 421 of the Domestic Volunteer Service Act

16 of 1973 (42 U.S.C. 5061) is amended—

17 (1) by striking ‘‘and’’ at the end of paragraph

18 (6);

19 (2) by striking the period at the end of para20 graph (7) and inserting a semicolon; and

21 (3) by adding at the end the following new

22 paragraphs:

23 ‘‘(8) the term ‘Corporation’ means the Corpora24 tion for National Service and Community Volunteers
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1 established under section 191 of the National and

2 Community Service Act of 1990; and

3 ‘‘(9) the term ‘Inspector General’ means the In4 spector General of ACTION.’’.

5 SEC. 304. REFERENCES TO THE COMMISSION ON NATIONAL

6 AND COMMUNITY SERVICE.

7 (a) NATIONAL DEFENSE AUTHORIZATION ACT FOR

8 FISCAL YEAR 1993.—

9 (1) Section 1092(b) of the National Defense

10 Authorization Act for Fiscal Year 1993 (42 U.S.C.

11 12653a note) is amended—

12 (A) in paragraph (1)—

13 (i) by striking ‘‘Commission on Na14 tional Community Service’’ and inserting

15 ‘‘Corporation for National Service and

16 Community Volunteers’’; and

17 (ii) by striking ‘‘Commission shall pre18 pare’’ and inserting ‘‘Board of Directors of

19 the Corporation shall prepare’’; and

20 (B) in paragraph (2), by striking ‘‘Board

21 of Directors of the Commission on National and

22 Community Service’’ and inserting ‘‘Board of

23 Directors of the Corporation for National Serv24 ice and Community Volunteers’’.
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1 (2) Section 1093(a) of such Act (42 U.S.C.

2 12653a note) is amended by striking ‘‘the Board of

3 Directors and Executive Director of the Commission

4 on National and Community Service’’ and inserting

5 ‘‘the Board of Directors and Director of the Cor6 poration for National Service and Community Vol7 unteers’’.

8 (3) Section 1094 of such Act (Public Law 102–

9 484; 106 Stat. 2535) is amended—

10 (A) in the title, by striking ‘‘COMMISSION

11 ON NATIONAL AND COMMUNITY SERVICE’’

12 and inserting ‘‘CORPORATION FOR NA13 TIONAL SERVICE AND COMMUNITY VOLUN14 TEERS’’;

15 (B) in subsection (a)—

16 (i) in the heading, by striking ‘‘COM17 MISSION’’ and inserting ‘‘CORPORATION’’;

18 (ii) in the first sentence, by striking

19 ‘‘Commission on National and Community

20 Service’’ and inserting ‘‘Corporation for

21 National Service and Community Volun22 teers’’; and

23 (iii) in the second sentence, by strik24 ing ‘‘The Commission’’ and inserting ‘‘The

25 Director of the Corporation’’; and
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1 (C) in subsection (b)—

2 (i) in paragraph (1), by striking

3 ‘‘Board of Directors of the Commission on

4 National and Community Service’’ and in5 serting ‘‘Director of the Corporation for

6 National Service and Community Volun7 teers’’; and

8 (ii) in paragraph (2), by striking ‘‘the

9 Commission’’ and inserting ‘‘the Director

10 of the Corporation for National Service

11 and Community Volunteers’’.

12 (4) Section 1095 of such Act (Public Law 102–

13 484; 106 Stat. 2535) is amended in the heading for

14 subsection (b) by striking ‘‘COMMISSION ON NA15 TIONAL AND COMMUNITY SERVICE’’ and inserting

16 ‘‘CORPORATION FOR NATIONAL SERVICE AND COM17 MUNITY VOLUNTEERS’’.

18 (5) Section 2(b) of such Act (Public Law 102–

19 484; 106 Stat. 2315) is amended by striking the

20 item relating to section 1094 of such Act and insert21 ing the following:

‘‘Sec. 1094. Other programs of the Corporation for National Service and Community Volunteers.’’.

22 (b) NATIONAL AND COMMUNITY SERVICE ACT OF

23 1990.—
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1 (1) Sections 159(b)(2) (as redesignated in sec2 tion 141(a)(2)(C) of this Act), 165 (as redesignated

3 in section 141(a)(2)(C) of this Act), and 171(a),

4 subsections (a) and (b) of section 172, sections

5 176(a) and 177(c), and subsections (a), (b), and (d)

6 through (j) of section 179, of the National and Com7 munity Service Act of 1990 (42 U.S.C.

8 12653h(b)(2), 12653n, 12631(a), 12632 (a) and (b),

9 12636(a), 12637(c), and 12639 (a), (b), and (d)

10 through (j)) are each amended by striking the term

11 ‘‘Commission’’ each place the term appears and in12 serting ‘‘Corporation’’.

13 (2) Sections 152, 157(b)(2), 159(b),

14 162(a)(2)(C), 164, and 166(1) of such Act (in each

15 case, as redesignated in section 141(a)(2)(C) of this

16 Act) (42 U.S.C. 12653a, 12653f(b)(2), 12653h(b),

17 12653k(a)(2)(C), 12653m, and 12653o(1)) are each

18 amended by striking ‘‘Commission on National and

19 Community Service’’ and inserting ‘‘Corporation’’.

20 (3) Section 163(b)(9) of such Act (as redesig21 nated in section 141(a)(2)(C) of this Act) (42

22 U.S.C. 12635l(b)(9)) is amended by striking ‘‘Chair

23 of the Commission on National and Community

24 Service’’ and inserting ‘‘Director’’.
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1 (4) Section 303(a) of such Act (42 U.S.C.

2 12662(a)) is amended—

3 (A) by striking ‘‘The President’’ and in4 serting ‘‘The President of the United States,

5 acting through the Corporation,’’;

6 (B) by inserting ‘‘in furtherance of activi7 ties under section 302’’ after ‘‘section 501(b)’’;

8 and

9 (C) by striking ‘‘the President’’ both places

10 it appears and inserting ‘‘the Corporation’’.

11 SEC. 305. REFERENCES TO DIRECTORS OF THE COMMIS12 SION ON NATIONAL AND COMMUNITY

13 SERVICE.

14 (a) DIRECTOR OF THE CORPORATION.—

15 (1) Section 159(a) of such Act (as redesignated

16 in section 141(a)(2)(C) of this Act) (42 U.S.C.

17 12653h(a)) is amended—

18 (A) by striking ‘‘BOARD.—The Board’’

19 and inserting ‘‘SUPERVISION.—The Director of

20 the Corporation’’;

21 (B) by striking ‘‘the Board’’ in the matter

22 preceding the paragraphs and in paragraph (1)

23 and inserting ‘‘the Director of the Corpora24 tion’’; and
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1 (C) by striking ‘‘the Director’’ in para2 graph (1) and inserting ‘‘the Board’’.

3 (2) Section 159(b) of such Act (as redesignated

4 in section 141(a)(2)(C) of this Act) (42 U.S.C.

5 12653h(b)) is amended by striking ‘‘(b)’’ and all

6 that follows through ‘‘Commission on National and

7 Community Service’’ and inserting ‘‘(b) MONITOR8 ING AND COORDINATION.—The Director of the Cor9 poration’’.

10 (3) Section 159(c)(1) (as redesignated in sec11 tion 141(a)(2)(C) of this Act) (12653h(c)(1)) is

12 amended—

13 (A) in subparagraph (A), by striking ‘‘the

14 Board, in consultation with the Executive Di15 rector,’’ and inserting ‘‘Director of the Corpora16 tion’’; and

17 (B) in subparagraph (B)(iii), by striking

18 ‘‘the Board through the Executive Director’’

19 and inserting ‘‘the Director of the Corpora20 tion’’.

21 (4) Section 166 (as redesignated in section

22 141(a)(2)(C) of this Act) (42 U.S.C. 12653o) is

23 amended—
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1 (A) in paragraph (5), by inserting ‘‘except

2 when used as part of the term ‘Director of the

3 Corporation’,’’ before ‘‘means’’;

4 (B) by striking paragraph (6); and

5 (C) by redesignating paragraphs (7)

6 through (11) as paragraphs (6) through (10),

7 respectively.

8 (b) DIRECTOR OF CIVILIAN COMMUNITY CORPS.—

9 Sections 155(a), 157(b)(1)(A), 158(a), 159(c)(1)(A), and

10 163(a) (in each case, as redesignated in section

11 141(a)(2)(C) of this Act) of the National and Community

12 Service Act of 1990 (42 U.S.C. 12653d(a),

13 12653f(b)(1)(A), 12653g(a), 12653h(c)(1)(A), and

14 12653l(a)) are amended by striking ‘‘Director of Civilian

15 Community Corps’’ each place the term appears and in16 serting ‘‘Director’’.

17 SEC. 306. EFFECTIVE DATE.

18 (a) ACTION.—The amendments made by sections

19 301 and 302 shall take effect on the effective date of sec20 tion 163(c)(2).

21 (b) COMMISSION.—The amendments made by sec22 tions 303 through 305 will take effect on October 1, 1993.

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