I

103D CONGRESS

1ST SESSION H. R. 1004

To establish a program of mandatory national service for young people in

the United States.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 18, 1993

Mr. SHAYS (for himself and Mr. MFUME) introduced the following bill; which

was referred jointly to the Committees on Education and Labor, Post Office and Civil Service, Ways and Means, Energy and Commerce, and Foreign Affairs

A BILL

To establish a program of mandatory national service for

young people in the United States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National American

5 Youth Service Act’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.

Sec. 4. Purpose.
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TITLE I—IMPOSITION AND TERM OF MANDATORY NATIONAL

SERVICE OBLIGATION

Sec. 101. Obligation to perform national service.

Sec. 102. Registration of national service participants.

Sec. 103. Types of national service to satisfy obligation.

Sec. 104. Failure to register or complete national service obligation.

Sec. 105. Exemptions and deferments.

TITLE II—ADMINISTRATION OF NATIONAL SERVICE

Sec. 201. Office of National Service.

Sec. 202. Recording the performance of national service.

Sec. 203. Other duties of the Director.

Sec. 204. State national service offices and local national service boards.

Sec. 205. Accreditation of sponsor organizations.

Sec. 206. Authorization of appropriations.

TITLE III—MISCELLANEOUS NATIONAL SERVICE PROGRAMS

Sec. 301. American Conservation and Youth Corps.

Sec. 302. Volunteers in Service to America.

Sec. 303. Peace Corps.

Sec. 304. Urban Elementary School Literacy Corps.

1 SEC. 3. DEFINITIONS.

2 For purposes of this Act:

3 (1) The terms ‘‘national service participant’’

4 and ‘‘participant’’ mean an individual who is obli5 gated to perform national service under section 101.

6 (2) The term ‘‘sponsor organization’’ means a

7 nonprofit organization accredited by a State national

8 service office through which a national service par9 ticipant may perform national service in satisfaction

10 of the participant’s service obligation.

11 (3) The term ‘‘nonprofit organization’’ means

12 an organization—

13 (A) described in section 501(c) of the In14 ternal Revenue Code of 1986 (26 U.S.C.

15 501(c)); and
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1 (B) exempt from taxation under section

2 501(a) of such Code (26 U.S.C. 501(a)).

3 (4) The terms ‘‘Office of National Service’’ and

4 ‘‘Office’’ mean the Office of National Service estab5 lished under section 201.

6 (5) The term ‘‘Director’’ means the Director of

7 the Office of National Service.

8 (6) The term ‘‘State’’ means each of the several

9 States, the District of Columbia, the Commonwealth

10 of Puerto Rico, and any territory or possession of

11 the United States.

12 SEC. 4. PURPOSE.

13 It is the purpose of this Act—

14 (1) to instill in American youth a spirit of serv15 ice and commitment to country and foster a sense

16 of responsibility toward the betterment of the United

17 States through service to oneself and to others;

18 (2) to provide an experience which affords

19 American youth not only the values and rewards

20 concomitant with serving others but also the oppor21 tunity to acquire leadership and organizational and

22 other practical skills beneficial to success in future

23 endeavors; and

24 (3) to provide meaningful volunteer assistance

25 to organizations seeking to accomplish objectives
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1 beneficial to individuals, communities, States, and

2 the United States.

3 TITLE I—IMPOSITION AND TERM

4 OF MANDATORY NATIONAL

5 SERVICE OBLIGATION

6 SEC. 101. OBLIGATION TO PERFORM NATIONAL SERVICE.

7 (a) SERVICE OBLIGATION.—It is the obligation of

8 each individual who is a citizen of the United States or

9 lawfully admitted for permanent residence in the United

10 States and who attains the age of 18 years on or after

11 October 1, 1995, to perform not less than 1,000 hours

12 of national service to the United States in accordance with

13 this Act.

14 (b) PERIOD FOR SERVICE.—A national service partic15 ipant may begin to satisfy the national service obligation

16 imposed by subsection (a) upon attaining the age of 16

17 years and shall complete the 1,000 hours of required serv18 ice before the participant attains the age of 26 years.

19 (c) CONSIDERATION OF PRIOR SERVICE.—Any serv20 ice of a type described in section 103 that is performed

21 by a national service participant before October 1, 1995,

22 shall not be counted toward satisfying the national service

23 obligation imposed by subsection (a). Any such service

24 performed by a participant before registration under sec-
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1 tion 102 shall not be counted toward satisfying the na2 tional service obligation.

3 (d) RULE FOR NEW CITIZENS AND PERMANENT

4 RESIDENTS AFTER AGE 18.—

5 (1) PERMANENT RESIDENTS.—An individual

6 who is lawfully admitted for permanent residence in

7 the United States after attaining the age of 18

8 years, but before attaining the age of 26 years, shall

9 perform a number of hours of national service equal

10 to the product of—

11 (A) 10.5 hours; and

12 (B) the number of whole months remain13 ing after admission for permanent residence

14 until the individual attains the age of 26 years.

15 (2) CITIZENS.—An individual who becomes a

16 citizen of the United States after attaining the age

17 of 18 years, but before attaining the age of 26 years,

18 and who has not previously registered under section

19 102, shall perform a number of hours of national

20 service equal to the product of—

21 (A) 10.5 hours; and

22 (B) the number of whole months remain23 ing after naturalization until the individual at24 tains the age of 26 years.
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1 (3) PERIOD FOR SERVICE.—An individual sub2 ject to this subsection shall complete the determined

3 number of hours of required service before the indi4 vidual attains the age of 26 years or such later date

5 as the Office of National Service may authorize.

6 SEC. 102. REGISTRATION OF NATIONAL SERVICE PARTICI7 PANTS.

8 (a) REGISTRATION REQUIRED.—A national service

9 participant shall register with the local national service

10 board for the congressional district within which the par11 ticipant resides not later than 90 days after attaining the

12 age of 18 years.

13 (b) RULE FOR NEW CITIZENS AND PERMANENT

14 RESIDENTS.—An individual who is lawfully admitted for

15 permanent residence in the United States after attaining

16 the age of 18 years, but before attaining the age of 26

17 years, shall register with the local national service board

18 for the congressional district within which the individual

19 resides not later than 90 days after attaining that status.

20 An individual who becomes a citizen of the United States

21 after attaining the age of 18 years, but before attaining

22 the age of 26 years, and who has not previously registered

23 shall register with the local national service board for the

24 congressional district within which the individual resides

25 not later than 90 days after naturalization.
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1 (c) ADVANCED REGISTRATION.—If an individual who

2 will become a national service participant desires to begin

3 to satisfy the national service obligation imposed by sec4 tion 101(a) between the ages of 16 and 18 years, the indi5 vidual may register under this section at any time after

6 attaining the age of 16 years.

7 (d) FORM AND CONTENT OF REGISTRATION.—The

8 Director shall issue rules prescribing the form and manner

9 of registration to be used by a national service participant.

10 Such rules may require the participant to provide, as part

11 of the registration, such identifying information (including

12 date of birth, address, and social security account number)

13 as the Director considers to be necessary.

14 SEC. 103. TYPES OF NATIONAL SERVICE TO SATISFY OBLI15 GATION.

16 (a) SERVICE WITH SPONSOR ORGANIZATION OR

17 FEDERAL VOLUNTEER PROGRAM.—

18 (1) SERVICE.—A national service participant

19 may satisfy the national service obligation imposed

20 by section 101(a) by serving as a nominally-paid vol21 unteer with—

22 (A) a sponsor organization accredited

23 under section 205; or

24 (B) a Federal volunteer program estab25 lished by a Federal agency pursuant to the rec-
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1 ommendations of the task force under section

2 201(d) or identified by the task force under

3 such section.

4 (2) COMPENSATION.—A sponsor organization

5 or Federal volunteer program accepting a partici6 pant shall pay the participant $1.00 for each hour

7 of service performed by the participant that is count8 ed toward the national service obligation of the par9 ticipant.

10 (3) TAX TREATMENT.—The compensation paid

11 under paragraph (2) shall not be included in gross

12 income and shall not be subject to any employment

13 tax.

14 (b) SERVICE WITH CERTAIN EXISTING PRO15 GRAMS.—A national service participant who is selected or

16 enrolled as a member of one of the following national serv17 ice programs shall have service in that program counted

18 toward the national service obligation imposed by section

19 101(a) if the participant completes the period of obligated

20 service required as a part of such membership:

21 (1) The Peace Corps established under the

22 Peace Corps Act (22 U.S.C. 2501 et seq.)

23 (2) A National Volunteer Antipoverty Program

24 established under title I of the Domestic Volunteer

25 Service Act of 1973 (42 U.S.C. 4951 et seq.).
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1 (3) The Urban Elementary School Literacy

2 Corps established under section 4703 of the Elemen3 tary and Secondary Education Act of 1965, as

4 added by section 304.

5 (4) The American Conservation and Youth

6 Corps and other programs administered by the Com7 mission on National and Community Service under

8 title I of the National and Community Service Act

9 of 1990 (42 U.S.C. 12411 et seq.).

10 (5) The National Health Service Corps estab11 lished under section 331 of the Public Health Serv12 ice Act (42 U.S.C. 254d).

13 (c) SERVICE IN CERTAIN EMPLOYMENT POSI14 TIONS.—A national service participant who is employed as

15 a law enforcement officer or firefighter by a Federal agen16 cy or a State or local government for not less than two

17 years before the participant attains the age of 26 years

18 shall be considered to have satisfied the national service

19 obligation imposed on the participant by section 101(a).

20 (d) SERVICE IN THE ARMED FORCES.—A member of

21 an active or reserve component of the Armed Forces shall

22 be considered to have satisfied the national service obliga23 tion imposed by section 101(a) unless the member is sepa24 rated under adverse conditions before the member attains

25 the age of 26 years.
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1 (e) PARTICIPATION IN JOB TRAINING.—A national

2 service participant who enrolls in the Job Corps estab3 lished under section 422 of the Job Training Partnership

4 Act (29 U.S.C. 1692), a job training program for the eco5 nomically disadvantaged under title II of such Act (29

6 U.S.C. 1601 et seq.), or a comparable job training pro7 gram of a State shall have service in that program counted

8 toward the national service obligation imposed by section

9 101(a) if the participant successfully completes the train10 ing.

11 SEC. 104. FAILURE TO REGISTER OR COMPLETE NATIONAL

12 SERVICE OBLIGATION.

13 (a) EFFECT OF FAILURE.—Except as provided in

14 section 105, an individual who is required to register

15 under section 102 and who knowingly and willfully fails

16 to register within the time specified in that section and

17 a national service participant who fails to complete the na18 tional service obligation imposed by section 101(a) before

19 the participant attains the age of 26 years shall be ineli20 gible for the following Federal employment opportunities,

21 programs, and assistance:

22 (1) Appointment to a position in an Executive

23 agency.
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1 (2) The health insurance program under title

2 XVIII of the Social Security Act (42 U.S.C. 1395c

3 et seq.).

4 (3) Federal old-age, survivors, and disability in5 surance benefits provided under title II of the Social

6 Security Act (42 U.S.C. 401 et seq.).

7 (4) Any grant, loan, or work assistance under

8 title IV of the Higher Education Act of 1965 (20

9 U.S.C. 1070 et seq.).

10 (5) Student assistance under part C of title VII

11 of the Public Health Service Act (42 U.S.C. 294 et

12 seq.).

13 (6) Job training and employment assistance

14 under the Job Training Partnership Act (29 U.S.C.

15 1501 et seq.).

16 (b) VERIFICATION.—The Director of the Office of

17 National Service, in consultation with the heads of af18 fected Federal agencies, shall issue rules to implement the

19 requirements of subsection (a) and verify the compliance

20 of an individual with the registration and national service

21 obligations imposed by sections 101 and 102.

22 (c) APPEAL.—The rules issued under subsection (b)

23 shall provide that any individual who is denied Federal

24 employment or assistance or services described in sub25 section (a) for failure to meet the registration or service
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1 requirements of section 101 or 102 shall be given notice

2 of the proposed denial and shall have a suitable period

3 (of not less than 30 days) after such notice to provide the

4 Director with information and materials to establish the

5 compliance of the individual with the requirement that is

6 the basis for the denial. The Director may afford the indi7 vidual an opportunity for a hearing to establish the com8 pliance or for any other purpose.

9 SEC. 105. EXEMPTIONS AND DEFERMENTS.

10 (a) EXEMPTIONS.—An individual who is determined,

11 in accordance with standards established by the Director,

12 to be physically, mentally, or otherwise unfit to perform

13 national service under this Act is exempt from the obliga14 tion to perform national service imposed by section 101

15 and to register under section 102.

16 (b) DEFERMENTS.—The following individuals shall

17 be temporarily deferred, in accordance with standards es18 tablished by the Director, from the obligation to perform

19 national service under this Act:

20 (A) An individual found to be physically, men21 tally, or otherwise unfit for service under this Act on

22 a temporary basis. The deferment shall last for as

23 long as the condition of unfitness continues.

24 (B) An individual granted a hardship deferment

25 in accordance with subsection (c).
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1 (c) HARDSHIP DEFERMENTS.—An individual who is

2 or will become a national service participant may apply

3 to the Director for a temporary deferment for hardship

4 reasons at any time before or during participation in na5 tional service under this Act.

6 TITLE II—ADMINISTRATION OF

7 NATIONAL SERVICE

8 SEC. 201. OFFICE OF NATIONAL SERVICE.

9 (a) ESTABLISHMENT.—There is established in the ex10 ecutive branch of the Federal Government an office to be

11 known as the Office of National Service to regulate and

12 oversee the registration of national service participants

13 and the performance of national service by participants.

14 (b) DIRECTOR.—The Office shall be under the super15 vision of a Director who shall be appointed by the Presi16 dent, by and with the advice and consent of the Senate.

17 The first Director shall be appointed not later than 90

18 days after the date of the enactment of this Act.

19 (c) INITIAL OPERATION OF OFFICE.—The Director

20 shall ensure that the Office is fully operational by October

21 1, 1995.

22 (d) TASK FORCE.—There is established a task force

23 on national service which shall consist of the Director and

24 a representative of each Executive department. The task

25 force shall identify existing opportunities in the Federal
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1 Government for the performance of volunteer services and

2 consider methods to expand opportunities for national

3 service participants to satisfy their national service obliga4 tions through programs operated by the Federal Govern5 ment. Not later than nine months after the date of the

6 enactment of this Act, the task force shall submit a report

7 to the President and Congress regarding the results of its

8 activities under this subsection.

9 SEC. 202. RECORDING THE PERFORMANCE OF NATIONAL

10 SERVICE.

11 (a) RECORD KEEPING SYSTEM.—The Director shall

12 establish a system to track and record the performance

13 of national service by national service participants.

14 (b) USE OF EXISTING RECORD KEEPING MECHA15 NISMS.—In establishing the record keeping system under

16 subsection (a), the Director shall consider the feasibility

17 of using the personnel and facilities of the Selective Serv18 ice System to record the performance of national service

19 by national service participants. The Director shall also

20 consult with the Commissioner of Internal Revenue re21 garding the feasibility of using the written statement re22 quired to be provided to employees under section 6051 of

23 the Internal Revenue Code of 1986 (26 U.S.C. 6051) as

24 a means—
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1 (1) to record the number of hours of national

2 service performed by a participant in satisfaction of

3 the national service obligation imposed by section

4 101; and

5 (2) to provide this information to the Director

6 to determine compliance with such obligation.

7 (c) NOTICE UPON COMPLETION.—The Director shall

8 provide written notice to each national service participant

9 as soon as possible after the participant completes the na10 tional service obligation imposed by section 101.

11 SEC. 203. OTHER DUTIES OF THE DIRECTOR.

12 (a) INFORMATION SERVICES.—The Director shall de13 velop informational materials regarding registration and

14 national service obligations under this Act for dissemina15 tion to individuals who are required to register and per16 form national service under this Act.

17 (b) PROMOTION.—In cooperation with schools, State

18 national service offices, local national service boards, and

19 sponsor organizations, the Director shall carry out activi20 ties to promote the concept of national service and to en21 sure that individuals who are required to register and per22 form national service under this Act become aware of their

23 responsibilities.

24 (c) CONSULTATION.—The Director shall periodically

25 consult with sponsor organizations and other entities
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1 using national service participants and current and former

2 participants to improve the Office and the regulation and

3 oversight of the registration of participants and the per4 formance of national service.

5 SEC. 204. STATE NATIONAL SERVICE OFFICES AND LOCAL

6 NATIONAL SERVICE BOARDS.

7 (a) LOCAL ASSISTANCE FOR PARTICIPANTS.—The

8 Director shall establish a network consisting of a State

9 national service office for each State and a local national

10 service board for each congressional district to carry out

11 the registration of national service participants, to assist

12 participants to find and perform national service in satis13 faction of their national service obligation, and to approve

14 sponsor organizations. With the cooperation of the Direc15 tor of Selective Service, the Director of the Office of Na16 tional Service may use State headquarters and local

17 boards of the Selective Service System as a part of the

18 network.

19 (b) DUTIES.—Each State national service office and

20 local national service board shall—

21 (1) disseminate information regarding registra22 tion and national service obligations under this Act;

23 (2) provide information and counseling services

24 to national service participants regarding national
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1 service opportunities, including through the use of

2 toll-free telephone access; and

3 (3) investigate complaints arising between par4 ticipants and sponsor organizations.

5 SEC. 205. ACCREDITATION OF SPONSOR ORGANIZATIONS.

6 (a) APPLICATION.—A nonprofit organization that de7 sires to serve as a sponsor organization for national service

8 participants in a State shall submit an application to the

9 State national service office for that State. The application

10 shall be in such form and contain such information and

11 assurances as the Director may require by rules, including

12 assurances that the nonprofit organization—

13 (1) will perform such record keeping activities

14 as may be required to properly credit the national

15 service performed by a participant with the non16 profit organization; and

17 (2) will pay the participant $1.00 for each hour

18 of service performed by a participant with the non19 profit organization that is counted toward the na20 tional service obligation of the participant.

21 (b) AGREEMENT.—A State national service office

22 may enter into an agreement with a nonprofit organization

23 that submits an application under subsection (a) under

24 which the nonprofit organization is accredited as a sponsor

25 organization through which national service participants
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1 may perform national service in satisfaction of the na2 tional service obligation under section 101.

3 (c) DIRECTORY OF SPONSOR ORGANIZATIONS.—A

4 State national service office shall establish and maintain

5 a directory of sponsor organizations accredited by the of6 fice. The directory shall be available to national service

7 participants.

8 (d) ACCEPTANCE OF PARTICIPANTS.—The actual se9 lection of a national service participant to perform service

10 with a sponsor organization shall be left to the discretion

11 of the organization.

12 SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

13 There is authorized to be appropriated to the Direc14 tor to carry out titles I and II—

15 (1) $20,000,000 for fiscal year 1994;

16 (2) $40,000,000 for fiscal year 1995;

17 (3) $80,000,000 for fiscal year 1996;

18 (4) $160,000,000 for fiscal year 1997; and

19 (5) $160,000,000 for fiscal year 1998.

20 TITLE III—MISCELLANEOUS

21 NATIONAL SERVICE PROGRAMS

22 SEC. 301. AMERICAN CONSERVATION AND YOUTH CORPS.

23 (a) AUTHORIZATION OF APPROPRIATIONS.—Subtitle

24 C of title I of the National and Community Service Act
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1 of 1990 is amended by inserting after section 135 (42

2 U.S.C. 12555) the following new section:

3 ‘‘SEC. 136. AUTHORIZATION OF APPROPRIATIONS.

4 ‘‘There is authorized to be appropriated to the Com5 mission for grants under this subtitle—

6 ‘‘(1) $30,000,000 for fiscal year 1994;

7 ‘‘(2) $60,000,000 for fiscal year 1995;

8 ‘‘(3) $120,000,000 for fiscal year 1996;

9 ‘‘(4) $240,000,000 for fiscal year 1997; and

10 ‘‘(5) $480,000,000 for fiscal year 1998.’’.

11 (b) CONFORMING AMENDMENTS.—Section 501(a) of

12 such Act (42 U.S.C. 12681) is amended—

13 (1) in paragraph (1)(A), by striking ‘‘C,’’; and

14 (2) in paragraph (2)—

15 (A) by striking subparagraph (B); and

16 (B) by redesignating subparagraphs (C)

17 and (D) as subparagraphs (B) and (C), respec18 tively.

19 (c) SPECIAL EFFECTIVE DATE.—The amendments

20 made by subsection (b) shall take effect on October 1,

21 1993.

22 SEC. 302. VOLUNTEERS IN SERVICE TO AMERICA.

23 (a) AUTHORIZATION OF APPROPRIATIONS.—Sub24 section (a)(1) of section 501 of the Domestic Volunteer

25 Service Act of 1973 (42 U.S.C. 5081) is amended—
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1 (1) by striking ‘‘$25,000,000 for fiscal year

2 1987’’ and all that follows through ‘‘1992, and’’;

3 and

4 (2) by inserting before the period the following:

5 ‘‘$60,000,000 for fiscal year 1994, $75,000,000 for

6 fiscal year 1995, $105,000,000 for fiscal year 1996,

7 $220,000,000 for fiscal year 1997, and

8 $450,000,000 for fiscal year 1998’’.

9 (b) NUMBER OF VOLUNTEERS.—Subsection (d) of

10 such section is amended—

11 (1) in paragraph (1), by striking subparagraphs

12 (A) through (G) and inserting the following new

13 subparagraphs:

14 ‘‘(A) 3,400 years of volunteer service in fiscal

15 year 1993;

16 ‘‘(B) 4,000 years of volunteer service in fiscal

17 year 1994;

18 ‘‘(C) 5,000 years of volunteer service in fiscal

19 year 1995;

20 ‘‘(D) 7,000 years of volunteer service in fiscal

21 year 1996;

22 ‘‘(E) 15,000 years of volunteer service in fiscal

23 year 1997; and

24 ‘‘(F) 30,000 years of volunteer service in fiscal

25 year 1998.’’;
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1 (2) by striking paragraph (3); and

2 (3) by redesignating paragraph (4) as para3 graph (3).

4 SEC. 303. PEACE CORPS.

5 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

6 3 of the Peace Corps Act (22 U.S.C. 2502) is amended

7 by striking subsection (b) and inserting the following new

8 subsection:

9 ‘‘(b) There are authorized to be appropriated to carry

10 out the purposes of this Act $270,000,000 for fiscal year

11 1994, $340,000,000 for fiscal year 1995, $400,000,000

12 for fiscal year 1996, $450,000,000 for fiscal year 1997,

13 and $500,000,000 for fiscal year 1998.’’.

14 (b) NUMBER OF VOLUNTEERS.—Such section is fur15 ther amended by inserting after subsection (c) the follow16 ing new subsection:

17 ‘‘(d) From the amounts appropriated under sub18 section (b), the President shall endeavor to maintain an

19 enrollment in the Peace Corps of not less than 8,000 vol20 unteers during fiscal year 1994, 10,000 volunteers during

21 fiscal year 1995, 12,000 volunteers during fiscal year

22 1996, 14,000 volunteers during fiscal year 1997, and

23 15,000 volunteers during fiscal year 1998.’’.
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1 SEC. 304. URBAN ELEMENTARY SCHOOL LITERACY CORPS.

2 (a) IN GENERAL.—Title IV of the Elementary and

3 Secondary Education Act of 1965 (20 U.S.C. 2701 et

4 seq.) is amended by adding at the end the following new

5 part:

6 ‘‘PART G—URBAN ELEMENTARY SCHOOL

7 LITERACY CORPS

8 ‘‘SEC. 4701. STATEMENT OF PURPOSE.

9 ‘‘It is the purpose of this part—

10 ‘‘(1) to enhance the reading and writing skills

11 of children in the United States by providing individ12 ual attention and instruction to 1st and 2d grade

13 students through a network of volunteers; and

14 ‘‘(2) to place 2 volunteers in each 1st and 2d

15 grade classroom located in an urban elementary

16 school by January 1, 1997.

17 ‘‘SEC. 4702. DEFINITIONS.

18 ‘‘For purposes of this part:

19 ‘‘(1) The term ‘Corps’ means the Urban Ele20 mentary School Literacy Corps established under

21 section 4703.

22 ‘‘(2) The term ‘poverty line for a single individ23 ual’ means the poverty line established by the Direc24 tor of the Office of Management and Budget in ac25 cordance with section 673(2) of the Community

26 Services Block Grant Act (42 U.S.C. 9902(2)).
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1 ‘‘(3) The term ‘State’ means any of the several

2 States, the District of Columbia, the Virgin Islands

3 of the United States, the Commonwealth of Puerto

4 Rico, Guam, American Samoa, the Commonwealth

5 of the Northern Mariana Islands, the Republic of

6 the Marshall Islands, the Federated States of Micro7 nesia, or Palau.

8 ‘‘(4) The term ‘urban elementary school’ means

9 a public elementary school that is located in an ur10 banized area.

11 ‘‘(5) The term ‘urbanized area’ means an ur12 banized area delineated by the Secretary of Com13 merce for purposes of preparing statistical data de14 rived from a decennial census of population.

15 ‘‘(6) The term ‘volunteer’ means an individual

16 who is tutoring in an urban elementary school pur17 suant to an assignment by the Secretary under sec18 tion 4703, or an individual who is receiving

19 preservice or inservice training related to such an as20 signment.

21 ‘‘SEC. 4703. PROGRAM ESTABLISHED.

22 ‘‘(a) IN GENERAL.—The Secretary shall establish an

23 Urban Elementary School Literacy Corps for the purpose

24 of recruiting, selecting, training, and assigning volunteers

25 to provide individual attention and instruction in reading
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1 and writing to 1st and 2d grade students in urban elemen2 tary schools.

3 ‘‘(b) ASSIGNMENT OF VOLUNTEERS.—The Secretary

4 shall assign to an urban elementary school that has satis5 fied the requirements of subsection (c) the number of vol6 unteers selected under subsection (d) that the Secretary

7 determines is necessary and practicable to carry out this

8 part, taking into account the demand for the services of

9 volunteers and the number of volunteers available for serv10 ice.

11 ‘‘(c) QUALIFYING URBAN ELEMENTARY SCHOOLS.—

12 An urban elementary school is eligible to have the Sec13 retary assign volunteers to it if the school—

14 ‘‘(1) has submitted an application to the Sec15 retary in accordance with the procedures established

16 by the Secretary; and

17 ‘‘(2) has designated a member of its staff as a

18 sponsor for volunteers.

19 ‘‘(d) QUALIFYING VOLUNTEERS.—(1) The Secretary

20 shall select volunteers from among individuals who—

21 ‘‘(A) have submitted an application to the Sec22 retary in accordance with the procedures established

23 by the Secretary;

24 ‘‘(B) have completed their secondary education;
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1 ‘‘(C) possess the other skills and qualifications

2 that the Secretary determines are necessary to carry

3 out the purpose of the Corps;

4 ‘‘(D) have undertaken to fulfill the obligations

5 in section 4704(d)(2); and

6 ‘‘(E) have notified the Secretary of such under7 taking within the time limit in such section.

8 ‘‘(2) The Secretary shall approve the application of

9 each individual who meets the requirements in paragraph

10 (1).

11 ‘‘(3) Paragraph (2) shall not preclude the Secretary

12 from establishing a limit on the number of volunteers

13 whose applications may be approved if the limit relates

14 to the amount of the funds appropriated for this part.

15 ‘‘(e) PLACEMENT OF VOLUNTEERS.—The Secretary

16 shall provide for the assignment of each applicant ap17 proved as a volunteer to an urban elementary school that

18 is, to the maximum extent practicable, consistent with the

19 preferences concerning geographic location of service that

20 are set forth in the application submitted by the applicant

21 pursuant to subsection (d).

22 ‘‘SEC. 4704. TERMS AND CONDITIONS OF SERVICE.

23 ‘‘(a) PERIOD OF SERVICE.—A volunteer may be en24 rolled or reenrolled for periods of full-time service of not

25 less than 9 months during regular or summer school ses-
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1 sions, or both. A volunteer may not serve for more than

2 a total of 24 months. The time limitations in this sub3 section shall include any period of inservice training and

4 any period of preservice training under section 4705.

5 ‘‘(b) STIPEND.—(1) The Secretary may provide a sti6 pend to volunteers, while they are in training and during

7 their assignments. Such stipend shall not exceed $95 per

8 month.

9 ‘‘(2) A stipend provided under paragraph (1) shall

10 be payable only on completion of a period of service, except

11 that under such circumstances as the Secretary shall de12 termine, in accordance with regulations that the Secretary

13 shall prescribe, the accrued stipend, or any part of the

14 accrued stipend, may be paid to the volunteer, or, on be15 half of the volunteer, to members of the family of the vol16 unteer or others during the period of the volunteer’s serv17 ice. In the event of the death of a volunteer during service,

18 the amount of any unpaid stipend shall be paid in accord19 ance with the provisions of section 5582 of title 5, United

20 States Code.

21 ‘‘(c) ALLOWANCES AND SUPPORT SERVICES.—(1)

22 The Secretary shall provide volunteers the living, travel

23 (including travel to and from locations to which volunteers

24 are assigned during periods of service) and leave allow25 ances, and the housing, supplies, equipment, subsistence,
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•HR 1004 IH

1 training, clothing, health and dental care, transportation,

2 supervision, technical assistance, and other support that

3 the Secretary considers necessary and appropriate to carry

4 out the purpose and provisions of this part. The Secretary

5 shall ensure that each volunteer has available such allow6 ances and support as will enable the volunteer to carry

7 out the purpose and provisions of this part and to perform

8 effectively the work to which the volunteer is assigned.

9 ‘‘(2)(A) The Secretary shall fix the subsistence allow10 ance for volunteers under paragraph (1) for each fiscal

11 year so that—

12 ‘‘(i) the minimum allowance is not less than an

13 amount equal to 95 percent of the poverty line (as

14 defined in section 673(2) of the Community Services

15 Block Grant Act (42 U.S.C. 9902(2))) for a single

16 individual as expected for each fiscal year; and

17 ‘‘(ii) the average subsistence allowance, exclud18 ing allowances for Hawaii, Guam, American Samoa,

19 and Alaska, is not less than 105 percent of such

20 poverty line.

21 ‘‘(B) The Secretary shall make a determination of the

22 cost of living within each State and whether there are sig23 nificant local price differentials within the State. The Sec24 retary shall adjust the subsistence allowances for volun-
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•HR 1004 IH

1 teers serving in areas that have a higher cost of living

2 than the national average to reflect such higher cost.

3 ‘‘(C) The Secretary shall consult with the Director

4 of the ACTION Agency in fixing and adjusting the sub5 sistence allowances under this paragraph.

6 ‘‘(d) NOTICE AND ACCEPTANCE OF TERMS AND CON7 DITIONS.—(1) The Secretary shall mail to each individual

8 who meets the requirements in subparagraphs (A), (B),

9 and (C) of section 4703(d)(1) a notice containing—

10 ‘‘(A) the name and address of the urban ele11 mentary school to which the Secretary proposes to

12 assign the individual for service as a volunteer;

13 ‘‘(B) the period of service, including any period

14 of preservice or inservice training, for which the Sec15 retary proposes to enroll or reenroll the individual;

16 and

17 ‘‘(C) a description of the stipend, allowances,

18 and support that the Secretary proposes to provide

19 to the individual for such service.

20 ‘‘(2) An individual to whom the Secretary has mailed

21 a notice under paragraph (1) and who desires to serve as

22 a volunteer shall, within the 30-day period beginning on

23 the date the notice is mailed, notify the Secretary that

24 the individual undertakes—
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•HR 1004 IH

1 ‘‘(A) to serve full-time as a volunteer for the

2 period for which the Secretary proposes to enroll or

3 reenroll the individual, unless the period is termi4 nated prematurely by the Secretary at the discretion

5 of the Secretary;

6 ‘‘(B) to serve in the urban elementary school to

7 which the Secretary proposes to assign the individ8 ual;

9 ‘‘(C) to complete any preservice or inservice

10 training relating to such service that may be pro11 vided by the Secretary or such school;

12 ‘‘(D) to perform any teaching duty that a mem13 ber of the staff of such school may delegate to the

14 individual; and

15 ‘‘(E) to abide by any other term or condition of

16 service that the Secretary may establish.

17 ‘‘(e) GRIEVANCE PROCEDURE.—The Secretary shall

18 establish a procedure, including notice and opportunity to

19 be heard, for volunteers to present and obtain resolution

20 of grievances and to present their views in connection with

21 the terms and conditions of their service. The Secretary

22 shall promptly provide to each volunteer information re23 garding the procedure and the terms and conditions of

24 their service.
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1 ‘‘(f) LEGAL EXPENSES.—Notwithstanding any other

2 provision of law and pursuant to regulations that the Sec3 retary shall prescribe, counsel may be employed and coun4 sel fees, court costs, bail, and other expenses incidental

5 to the defense of volunteers may be paid in judicial or ad6 ministrative proceedings to which volunteers have been

7 made parties.

8 ‘‘SEC. 4705. PRESERVICE TRAINING.

9 ‘‘(a) IN GENERAL.—The Secretary shall ensure that,

10 before volunteers undertake their teaching duties, they re11 ceive training that will enable them to carry out the pur12 pose of this part and effectively perform the work to which

13 they are assigned. Such preservice training shall consist,

14 at a minimum, of 3 weeks of full-time instruction.

15 ‘‘(b) SUPPORT AND ALLOWANCES DURING TRAIN16 ING.—The provisions of section 4704(c) shall apply to any

17 period of preservice training under this section.

18 ‘‘(c) ADMINISTRATIVE AUTHORITY.—(1) The Sec19 retary may carry out programs and projects relating to

20 preservice training of volunteers under this section di21 rectly, or through grants to or contracts with State and

22 local educational agencies, institutions of higher edu23 cation, and other public and private agencies, organiza24 tions, and institutions.
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1 ‘‘(2)(A) To apply for a grant or contract under this

2 section for any fiscal year, a person shall submit an appli3 cation to the Secretary in accordance with the procedures

4 established by the Secretary.

5 ‘‘(B) The Secretary may not approve an application

6 submitted under subparagraph (A) unless the applicant

7 demonstrates the ability to provide the instruction nec8 essary to prepare volunteers for their role as individual

9 literacy tutors.

10 ‘‘(3) Notwithstanding section 430 of the General

11 Education Provisions Act (20 U.S.C. 1231g), a grant or

12 contract under this section may be renewed, subject to the

13 availability of funds and at the discretion of the Secretary,

14 if—

15 ‘‘(A) the person desiring to renew the grant or

16 contract submits to the Secretary an application

17 pursuant to paragraph (2) for each fiscal year for

18 which the person desires to receive, and is eligible to

19 receive, a grant or contract under this section;

20 ‘‘(B) the Secretary determines that the funds

21 made available to the person during the previous

22 year were used in a manner required under the ap23 proved application;

24 ‘‘(C) the Secretary determines that an addi25 tional grant or contract is necessary to implement in
32

•HR 1004 IH

1 the State a program or project described in para2 graph (1); and

3 ‘‘(D) the Secretary determines that the person’s

4 instruction methods are effective.

5 ‘‘SEC. 4706. SPECIAL LIMITATIONS.

6 ‘‘(a) VOLUNTEER ACTIVITIES.—The Secretary shall

7 prescribe regulations and shall carry out the provisions of

8 this part so as to ensure that the service of volunteers

9 is limited to activities that would not otherwise be per10 formed by employed workers and that will not supplant

11 the hiring of or result in the displacement of employed

12 workers, or impair existing contracts for service.

13 ‘‘(b) SUPPORT COSTS.—All support, including trans14 portation, provided to volunteers shall be furnished at the

15 lowest possible cost consistent with the effective operation

16 of the Corps.

17 ‘‘(c) GOVERNMENT ASSISTANCE.—(1) Notwithstand18 ing any other provision of law, except as may be provided

19 expressly in limitation of this subsection, payments to a

20 volunteer shall not in any way reduce or eliminate the level

21 of, or eligibility for, assistance or services the volunteer

22 may be receiving under any governmental program.

23 ‘‘(2) Paragraph (1) shall not apply when the Sec24 retary determines that the value of all payments to a vol25 unteer, adjusted to reflect the number of hours the volun-
33

•HR 1004 IH

1 teer is serving, is not less than the minimum wage then

2 in effect under the Fair Labor Standards Act of 1938 (29

3 U.S.C. 201 et seq.) or the minimum wage under the laws

4 of the State where the volunteer is serving, whichever is

5 greater.

6 ‘‘(3) Notwithstanding any other provision of law, a

7 volunteer who was otherwise entitled to receive assistance

8 or services under any governmental program prior to en9 rollment in the Corps shall not be denied the assistance

10 or services because of the failure or refusal of the volun11 teer to register for, seek, or accept employment or training

12 during the period of service of the volunteer.

13 ‘‘(d) NONDISCRIMINATION.—The Secretary shall

14 apply the nondiscrimination policies and authorities set

15 forth in section 717 of the Civil Rights Act of 1964 (42

16 U.S.C. 2000e–16), in title V of the Rehabilitation Act of

17 1973 (29 U.S.C. 791 et seq.), and in the Age Discrimina18 tion Act of 1975 (42 U.S.C. 6101 et seq.) to volunteers

19 and to applicants for enrollment for service as volunteers.

20 Any remedies available to individuals under such laws,

21 other than the right of appeal to the Civil Service Commis22 sion authorized by section 717 of the Civil Rights Act of

23 1964 (42 U.S.C. 2000e–16), and transferred to the Equal

24 Employment Opportunity Commission by Reorganization
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1 Plan Number 1 of 1978, shall be available to the appli2 cants or volunteers.

3 ‘‘SEC. 4707. APPLICATION OF FEDERAL LAW.

4 ‘‘(a) IN GENERAL.—Except as provided in title 5,

5 United States Code, and subsections (b), (c), and (d) of

6 this section, volunteers may not be considered Federal em7 ployees and may not be subject to the provisions of laws

8 relating to Federal officers and employees and Federal

9 employment.

10 ‘‘(b) SPECIFIC FEDERAL LEGISLATION.—Volunteers

11 shall—

12 ‘‘(1) for purposes of subchapter III of chapter

13 73 of title 5, United States Code, be considered per14 sons employed in the executive branch of the Federal

15 Government;

16 ‘‘(2) for purposes of the Internal Revenue Code

17 of 1986 (26 U.S.C. 1 et seq.) and title II of the So18 cial Security Act (42 U.S.C. 401 et seq.), be consid19 ered employees of the United States, and any service

20 performed by an individual as a volunteer (including

21 training) shall be considered to be performed in the

22 employ of the United States;

23 ‘‘(3) for purposes of the chapter 171 of title 28,

24 United States Code, be considered employees of the

25 United States; and
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•HR 1004 IH

1 ‘‘(4) for purposes of section 5584 of title 5,

2 United States Code, be considered employees of the

3 United States (and stipends and allowances paid

4 under this part shall be considered as pay for such

5 purposes).

6 ‘‘(c) SUBSEQUENT GOVERNMENT EMPLOYMENT.—

7 any period of service of a volunteer shall be credited in

8 connection with subsequent employment in the same man9 ner as a like period of civilian employment by the Federal

10 Government—

11 ‘‘(1) for purposes of any Act establishing a re12 tirement system for civilian employees of any Fed13 eral agency; and

14 ‘‘(2) except as otherwise determined by the

15 President, for purposes of determining seniority, re16 duction in force, and layoff rights, leave entitlement,

17 and other rights and privileges based upon length of

18 service under the laws administered by the Office of

19 Personnel Management, the Foreign Service Act of

20 1980 (22 U.S.C. 3901 et seq.), and every other Act

21 establishing or governing terms and conditions of

22 service of civilian employees of the Federal Govern23 ment, but service of a volunteer may not be credited

24 toward completion of any probationary or trial pe-
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•HR 1004 IH

1 riod or completion of any service requirement for ca2 reer appointment.

3 ‘‘(d) COMPETITIVE SERVICE.—Volunteers serving for

4 periods of at least 1 year, who the Secretary determines,

5 in accordance with regulations prescribed by the Sec6 retary, have successfully completed their periods of serv7 ice, shall be eligible for appointment in the competitive

8 service in the same manner as Peace Corps volunteers as

9 prescribed in Executive Order Number 11103 (April 10,

10 1963).

11 ‘‘SEC. 4708. AUTHORIZATION OF APPROPRIATIONS.

12 ‘‘There are authorized to be appropriated to carry out

13 this part $45,000,000 for fiscal year 1994, $55,000,000

14 for fiscal year 1995, $65,000,000 for fiscal year 1996,

15 $130,000,000 for fiscal year 1997, and $260,000,000 for

16 fiscal year 1998. Notwithstanding section 413 of the Gen17 eral Education Provisions Act (20 U.S.C. 1226), such

18 sums shall remain available until expended. Of such sums,

19 not more than 15 percent may be used for any fiscal year

20 to provide preservice training under section 4705.’’.

21 (b) EFFECTIVE DATE.—The Secretary of Education

22 shall carry out the amendment made by subsection (a)

23 within the 2-year period beginning on the date of the en24 actment of the National American Youth Service Act.

25 (c) AMENDMENTS TO TITLE 5.—
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•HR 1004 IH

1 (1) AMENDMENT TO CHAPTER 81.—

2 (A) COMPENSATION FOR WORK INJU3 RIES.—Chapter 81 of title 5, United States

4 Code, is amended by inserting after section

5 8143a the following new section:

6 ‘‘§ 8143b. Urban Elementary School Literacy Corps

7 volunteers

8 ‘‘This subchapter applies to a volunteer enrolled in

9 the Urban Elementary School Literacy Corps under part

10 G of title IV of the Elementary and Secondary Education

11 Act of 1965 (20 U.S.C. 2701 et seq.), during a period

12 of service or training, to the same extent as enrollees of

13 the Job Corps under section 8143(a). For the purpose of

14 the computation described in section 8143(a)(1), the

15 monthly pay of a volunteer is deemed that received at the

16 minimum rate for GS–7.’’.

17 (B) CLERICAL AMENDMENT.—The table of

18 sections at the beginning of such chapter is

19 amended by inserting after the item relating to

20 section 8143a the following new item:

‘‘8143b. Urban Elementary School Literacy Corps volunteers.’’.

21 (2) CIVIL SERVICE RETIREMENT.—Section

22 8332(b) of title 5, United States Code, is amend23 ed—

24 (A) by striking ‘‘and’’ at the end of para25 graph (15);
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•HR 1004 IH

1 (B) by striking the period at the end of

2 paragraph (16) and inserting ‘‘; and’’; and

3 (C) by inserting after paragraph (16) the

4 following new paragraph:

5 ‘‘(17) a period of service of a volunteer enrolled

6 in the Urban Elementary School Literacy Corps

7 under part G of title IV of the Elementary and Sec8 ondary Education Act of 1965 (20 U.S.C. 2701 et

9 seq.), but only if the individual serves as a volunteer

10 for at least 1 year and only if the individual later

11 becomes subject to this subchapter.’’.

12 (d) CANCELLATION OF LOANS.—Section

13 465(a)(2)(E) of the Higher Education Act of 1965 (20

14 U.S.C. 1087ee) is amended—

15 (1) by striking ‘‘or’’ and inserting a comma;

16 and

17 (2) by inserting before the semicolon the follow18 ing: ‘‘, or a volunteer under part G of title IV of the

19 Elementary and Secondary Education Act of 1965

20 (20 U.S.C. 2701 et seq.)’’.

21 (e) FOREIGN SERVICE RETIREMENT.—Section

22 854(c) of the Foreign Service Act of 1980 (22 U.S.C.

23 4071c) is amended—

24 (1) by striking ‘‘or’’ at the end of paragraph

25 (2);
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1 (2) by inserting ‘‘or’’ at the end of paragraph

2 (3); and

3 (3) by inserting after paragraph (3) the follow4 ing new paragraph:

5 ‘‘(4) a volunteer for a period of at least 1 year

6 under part G of title IV of the Elementary and Sec7 ondary Education Act of 1965 (20 U.S.C. 2701 et

8 seq.),’’.

9 (f) HEALTH EDUCATION ASSISTANCE.—Section

10 731(a)(2)(C) of the Public Health Service Act (42 U.S.C.

11 294d) is amended—

12 (1) by striking ‘‘or’’ at the end of clause (vi);

13 and

14 (2) by inserting before the semicolon the follow15 ing: ‘‘, or (viii) not in excess of two years during

16 which the borrower is in service as a volunteer under

17 part G of title IV of the Elementary and Secondary

18 Education Act of 1965 (20 U.S.C. 2701 et seq.)’’.

Æ

HR 1004 IH——2

HR 1004 IH——3