I 

114TH CONGRESS 

2D SESSION H. R. 5114 

To establish the 21st Century Conservation Service Corps to place youth 

and veterans in the United States in national service positions to protect, 

restore, and enhance the great outdoors of the United States, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2016 

Ms. MCSALLY (for herself, Mr. MOULTON, Mr. NEWHOUSE, Mr. GIBSON, and 

Mr. HUFFMAN) introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To establish the 21st Century Conservation Service Corps 

to place youth and veterans in the United States in 

national service positions to protect, restore, and enhance 

the great outdoors of the United States, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘21st Century Con5 servation Service Corps Act of 2016’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 5114 IH

1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to engage youth and vet3 erans in the United States in national service positions 

4 to protect, restore, and enhance the outdoors of the United 

5 States, including to— 

6 (1) channel widespread interest among youth 

7 and veterans in the United States in serving in na8 tional service positions to help protect, restore, en9 hance, and increase public access to and use of na10 tional parks, public and tribal land or water, and 

11 natural, cultural, and historical resources and treas12 ures for the enjoyment and use of future generations 

13 while spurring economic development and outdoor 

14 recreation by carrying out high-quality, cost-effective 

15 21CSC projects; 

16 (2) ensure that, in any State, tribal land or 

17 water, or territory of the United States, the activi18 ties and expertise of 21CSC participants will be ac19 cessible to public organizations, nonprofit organiza20 tions, and tribal agencies responsible for the stew21 ardship of public land or water, private land or 

22 water (with a direct or recognized public benefit and 

23 in coordination with the owner of such land or 

24 water), or tribal land or water; and 

25 (3) place youth and veterans in national service 

26 positions to protect, restore, and enhance the great 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 5114 IH

1 outdoors of the United States, through collaborative 

2 efforts involving relevant Federal departments and 

3 Federal agencies to minimize undue duplication, le4 verage existing resources, and maximize project com5 pletion in a cost-effective manner. 

6 SEC. 3. DEFINITIONS. 

7 In this Act: 

8 (1) 21CSC ORGANIZATION.—The term ‘‘21CSC 

9 organization’’ means an organization that is ap10 proved by a participating entity for participation in 

11 the 21st Century Conservation Service Corps. 

12 (2) 21CSC PARTICIPANT.—The term ‘‘21CSC 

13 participant’’ means an individual who is selected by 

14 a 21CSC organization to serve on a 21CSC project. 

15 (3) 21CSC PROJECT.—The term ‘‘21CSC 

16 project’’ means a project that is carried out by a 

17 21CSC organization. 

18 (4) INSTITUTION OF HIGHER EDUCATION.—The 

19 term ‘‘institution of higher education’’ has the 

20 meaning given the term in section 102 of the Higher 

21 Education Act of 1965 (20 U.S.C. 1002), except 

22 that such term shall not include— 

23 (A) an institution outside the United 

24 States, as described in subsection (a)(1)(C) of 

25 such section; and 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•HR 5114 IH

1 (B) an institution described in section 

2 101(b) of such Act (20 U.S.C. 1001(b)). 

3 (5) PARTICIPATING ENTITY.—The term ‘‘par4 ticipating entity’’ means a Federal entity headed by 

5 an officer described in any of paragraphs (1) 

6 through (13) of section 5(b). 

7 (6) STATE.—The term ‘‘State’’ means each of 

8 the several States of the United States, the District 

9 of Columbia, the Commonwealth of Puerto Rico, the 

10 United States Virgin Islands, Guam, American 

11 Samoa, and the Commonwealth of the Northern 

12 Mariana Islands. 

13 (7) TRIBAL AGENCY.—The term ‘‘tribal agen14 cy’’ has the meaning given the term ‘‘Indian tribe’’ 

15 in section 101 of the National and Community Serv16 ice Act of 1990 (42 U.S.C. 12511). 

17 (8) TRIBAL LAND OR WATER.—The term ‘‘trib18 al land or water’’ means any real property or water 

19 owned by a tribal agency, any real property or water 

20 held in trust by the United States for an Indian (for 

21 the purpose of this paragraph, as defined in such 

22 section) or tribal agency, and any real property or 

23 water held by an Indian or tribal agency that is sub24 ject to restrictions on alienation imposed by the 

25 United States. 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

•HR 5114 IH

1 (9) VETERAN.—The term ‘‘veteran’’ has the 

2 meaning given the term in section 101 of title 38, 

3 United States Code. 

4 (10) YOUTH.—The term ‘‘youth’’ means an in5 dividual who is not younger than age 15 and not 

6 older than age 28. 

7 SEC. 4. ESTABLISHING THE 21ST CENTURY CONSERVATION 

8 SERVICE CORPS. 

9 There is established a 21st Century Conservation 

10 Service Corps (referred to in this Act as the ‘‘21CSC’’), 

11 consisting of 21CSC organizations and 21CSC partici12 pants and in partnership with the participating entities, 

13 to carry out the purpose of this Act. 

14 SEC. 5. PARTICIPATING ENTITIES. 

15 (a) IN GENERAL.—The 21CSC shall be implemented 

16 jointly by the participating entities, which shall have the 

17 authority to support the 21CSC by carrying out the activi18 ties described in subsection (c). 

19 (b) LIST OF ENTITIES.—The participating entities 

20 shall be the entities headed by each of the following offi21 cers: 

22 (1) The Secretary of the Interior. 

23 (2) The Secretary of Agriculture. 

24 (3) The Secretary of Transportation. 

25 (4) The Secretary of Labor. 


SSpencer on DSK4SPTVN1PROD with BILLS
6 

•HR 5114 IH

1 (5) The Secretary of Energy. 

2 (6) The Secretary of Defense. 

3 (7) The Secretary of Veterans Affairs. 

4 (8) The Secretary of Commerce. 

5 (9) The Administrator of the Environmental 

6 Protection Agency. 

7 (10) The Chair of the Council on Environ8 mental Quality. 

9 (11) The Chief Executive Officer of the Cor10 poration for National and Community Service. 

11 (12) The Assistant Secretary of the Army (Civil 

12 Works). 

13 (13) The head of any other Federal agency des14 ignated by the President as necessary to serve as a 

15 participating entity. 

16 (c) SUPPORTING THE 21CSC.— 

17 (1) IN GENERAL.—The participating entities 

18 may support the 21CSC by— 

19 (A) establishing standards for the 21CSC; 

20 (B) establishing a process for organiza21 tions to apply and be approved to become 

22 21CSC organizations; 

23 (C) developing and supporting the public24 private partnerships described in subsection 

25 (e)(1); 


SSpencer on DSK4SPTVN1PROD with BILLS
7 

•HR 5114 IH

1 (D) using or leveraging existing funding or 

2 acquiring funding and other resources under 

3 section 7 to support 21CSC projects through 

4 the cooperative agreements described in sub5 section (e); 

6 (E) leveraging existing resources described 

7 in section 7(b) to expand the use of the 21CSC 

8 to meet the missions of such entities; 

9 (F) utilizing technology to support 21CSC 

10 projects; and 

11 (G) collecting performance data on 21CSC 

12 projects to prepare the reports required by 

13 paragraph (3)(A) and demonstrate the impact 

14 of such projects. 

15 (2) COORDINATION TO MINIMIZE UNDUE DUPLI16 CATION AND MAXIMIZE PROJECT COMPLETION IN A

17 COST-EFFECTIVE MANNER.— 

18 (A) COORDINATION WITH FEDERAL DE19 PARTMENTS AND AGENCIES.—The participating 

20 entities shall coordinate with each other and 

21 with Federal departments and Federal agencies, 

22 affected by or engaging in activities that are 

23 similar to 21CSC projects, to— 

24 (i) minimize to the greatest extent 

25 possible any undue duplication with speVerDate Sep 11 2014 00:58 May 05, 2016 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5114.IH H5114

SSpencer on DSK4SPTVN1PROD with BILLS
8 

•HR 5114 IH

1 cific project activities performed by the 

2 Federal departments and Federal agencies 

3 described in this subparagraph; and 

4 (ii) maximize project completion in a 

5 cost-effective manner by collaborating to 

6 leverage existing resources described in 

7 section 7(b). 

8 (B) COORDINATION AMONG ENTITIES.— 

9 Each participating entity shall, when feasible, 

10 coordinate activities with other participating en11 tities to approve 21CSC organizations and col12 lect the data required by paragraph 3(A). 

13 (C) GUIDANCE.—The participating entities 

14 shall, when practicable, seek guidance from— 

15 (i) the Corporation for National and 

16 Community Service, which has extensive 

17 experience in developing and administering 

18 national service programs; and 

19 (ii) the Department of Veterans Af20 fairs on ways to increase participation of 

21 veterans in 21CSC projects. 

22 (3) REPORTING.— 

23 (A) 21CSC REPORTS.— 

24 (i) IN GENERAL.—Not later than 1 

25 year after the date of enactment of this 


SSpencer on DSK4SPTVN1PROD with BILLS
9 

•HR 5114 IH

1 Act, and annually thereafter, all partici2 pating entities shall submit the required 

3 data described in clause (ii) to the Cor4 poration for National and Community 

5 Service. 

6 (ii) REQUIRED DATA.—The Corpora7 tion for National and Community Service, 

8 in coordination with the participating enti9 ties, shall prepare and submit an annual 

10 report to Congress that includes required 

11 data, for the year covered by the report, 

12 consisting of— 

13 (I) the number of 21CSC partici14 pants engaging in 21CSC projects and 

15 the length of the term of service for 

16 each participant; 

17 (II) the total amount of funding 

18 provided by participating entities for 

19 such service; 

20 (III) the type of service per21 formed by 21CSC participants and 

22 the impact and accomplishments of 

23 such service; and 

24 (IV) other similar data deter25 mined to be appropriate by the CorVerDate Sep 11 2014 00:58 May 05, 2016 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5114.IH H5114

SSpencer on DSK4SPTVN1PROD with BILLS
10 

•HR 5114 IH

1 poration for National and Community 

2 Service and the participating entities, 

3 including data sufficient to determine 

4 the effectiveness of 21CSC organiza5 tions in carrying out activities to 

6 achieve the purpose of this Act in a 

7 manner that is cost-effective and does 

8 not unduly duplicate or overlap with 

9 other activities or programs carried 

10 out by Federal departments and Fed11 eral agencies. 

12 (iii) DATA COLLECTION.—The Cor13 poration for National and Community 

14 Service may coordinate with 21CSC orga15 nizations to collect the required data de16 scribed in clause (ii). 

17 (B) COMPTROLLER GENERAL REPORTS.— 

18 The Comptroller General of the United States 

19 shall prepare and submit to Congress an in20 terim report, not later than 1 year after the 

21 date of submission of the first report under 

22 subparagraph (A)(ii), and a final report, not 

23 later than 3 years after such date of submis24 sion, that includes— 


SSpencer on DSK4SPTVN1PROD with BILLS
11 

•HR 5114 IH

1 (i) an assessment, based on the data 

2 described in subparagraph (A)(ii), of the 

3 effectiveness of 21CSC organizations in 

4 achieving the purpose of this Act in a man5 ner that is cost-effective and does not un6 duly duplicate or overlap with other activi7 ties or programs carried out by Federal de8 partments and Federal agencies; and 

9 (ii) recommendations on how to more 

10 effectively manage and carry out 21CSC 

11 projects to achieve the purpose of this Act 

12 in the manner described in clause (i). 

13 (C) ADDITIONAL REPORTS.—The Comp14 troller General of the United States may pre15 pare and submit to Congress additional reports 

16 including the content described in subparagraph 

17 (B) as the Comptroller General determines nec18 essary. 

19 (d) GIFTS AND DONATIONS.—The participating enti20 ties may accept, use, and dispose of contributions that are 

21 gifts or donations of money, services, or property to sup22 port the development, implementation, and expansion of 

23 21CSC projects, in accordance with applicable laws, in24 cluding regulations. 


SSpencer on DSK4SPTVN1PROD with BILLS
12 

•HR 5114 IH

1 (e) COOPERATIVE AGREEMENTS WITH 21CSC ORGA2 NIZATIONS.— 

3 (1) IN GENERAL.—Each participating entity 

4 shall have the authority to— 

5 (A) develop public-private partnerships 

6 with 21CSC organizations by entering into co7 operative agreements with such organizations to 

8 support and carry out 21CSC projects; and 

9 (B) leverage existing resources described in 

10 section 7(b) to support such cooperative agree11 ments. 

12 (2) TYPE OF COOPERATIVE AGREEMENT.—A 

13 cooperative agreement under this subsection may 

14 be— 

15 (A) limited to an agreement for a specific 

16 21CSC project; 

17 (B) a broad agreement covering multiple 

18 planned or future 21CSC projects; or 

19 (C) an agreement for a 21CSC project to 

20 be part of a broader conservation service corps 

21 initiative carried out in partnership with a Fed22 eral or State government or a tribal agency. 

23 (3) SET SHARE.—A cooperative agreement 

24 under this subsection shall include provisions speciVerDate Sep 11 2014 00:58 May 05, 2016 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5114.IH H5114

SSpencer on DSK4SPTVN1PROD with BILLS
13 

•HR 5114 IH

1 fying the share that the 21CSC organization will 

2 provide under section 7(c). 

3 SEC. 6. 21CSC ORGANIZATIONS AND 21CSC PROJECTS. 

4 (a) 21CSC ORGANIZATIONS.—To be approved as a 

5 21CSC organization, an organization seeking approval 

6 shall, to the maximum extent practicable, demonstrate the 

7 capability to meet, and provide an assurance that the or8 ganization will meet, each requirement under subsection 

9 (b). 

10 (b) 21CSC PROJECTS.— 

11 (1) 21CSC PARTICIPANTS ENGAGED BY 21CSC

12 ORGANIZATIONS.— 

13 (A) IN GENERAL.—In carrying out a 

14 21CSC project, to the maximum extent prac15 ticable, a 21CSC organization shall select indi16 viduals to be 21CSC participants who, in addi17 tion to meeting the requirements of subpara18 graph (B), are— 

19 (i) youth, notwithstanding the require20 ments under paragraphs (3) and (4) of 

21 section 137(a) of the National and Com22 munity Service Act of 1990 (42 U.S.C. 

23 12591(a)) for any 21CSC participant par24 ticipating in a 21CSC project supported 


SSpencer on DSK4SPTVN1PROD with BILLS
14 

•HR 5114 IH

1 and carried out by the Corporation for Na2 tional and Community Service; or 

3 (ii) veterans not older than age 35. 

4 (B) CITIZENSHIP REQUIREMENT.—To be 

5 selected as a 21CSC participant, an individual 

6 shall be— 

7 (i) a citizen or national of the United 

8 States; or 

9 (ii) a lawful permanent resident alien 

10 of the United States. 

11 (C) EMPHASIS ON DIVERSITY AND INCLU12 SION.—In selecting 21CSC participants, the or13 ganization shall make deliberate outreach ef14 forts to engage traditionally underserved popu15 lations, including veterans and disadvantaged 

16 youth (as defined in section 101 of the National 

17 and Community Service Act of 1990 (42 U.S.C. 

18 12511)). 

19 (2) COMPENSATION FOR PARTICIPANTS.—The 

20 organization shall provide compensation to each 

21 21CSC participant that shall include 1 or more of 

22 the following: 

23 (A) A wage. 

24 (B) A stipend. 

25 (C) A living allowance. 


SSpencer on DSK4SPTVN1PROD with BILLS
15 

•HR 5114 IH

1 (D) An educational credit that may be ap2 plied towards a program of postsecondary edu3 cation at a participating institution of higher 

4 education that agrees to award such credit for 

5 participation in a 21CSC project. 

6 (3) ORGANIZATION OF SERVICE FOR PARTICI7 PANTS.— 

8 (A) IN GENERAL.—In carrying out the 

9 21CSC project, the organization shall, to the 

10 maximum extent practicable, organize 21CSC 

11 participants as— 

12 (i) crew-based participants who— 

13 (I) serve together with other 

14 crew-based participants; and 

15 (II) are directly supervised by 

16 trained and experienced crew-based 

17 leaders or conservation professionals; 

18 or 

19 (ii) individual or small team-based 

20 participants who serve— 

21 (I) individually or in a coordi22 nated small team; 

23 (II) under the direction of con24 servation professionals; and 


SSpencer on DSK4SPTVN1PROD with BILLS
16 

•HR 5114 IH

1 (III) on initiatives that require 

2 specific skills and dedicated attention. 

3 (B) VETERAN AND CIVILIAN COOPERA4 TION.—The organization shall, to the extent 

5 practicable, encourage cooperation among vet6 eran and civilian 21CSC participants. 

7 (4) 21CSC PROJECTS.—The organization shall 

8 carry out a 21CSC project that includes national 

9 service involving— 

10 (A) protecting, restoring, and enhancing 

11 national parks, public and tribal land or water, 

12 and natural, cultural, and historical resources 

13 and treasures; 

14 (B) supporting outdoor recreation and 

15 urban green spaces; 

16 (C) restoring and safeguarding the natural 

17 resources of the United States, such as through 

18 trail maintenance, removal of invasive species, 

19 wildfire prevention, historic preservation, and 

20 disaster relief; or 

21 (D) service that is primarily indoors, such 

22 as service in science, policy, or program intern23 ships, with a clear benefit for natural, cultural, 

24 or historic resources or treasures. 


SSpencer on DSK4SPTVN1PROD with BILLS
17 

•HR 5114 IH

1 (5) 21CSC PARTICIPANT OUTCOMES.—In car2 rying out a 21CSC project, the organization shall 

3 provide 21CSC participants with— 

4 (A) job skill development to prepare such 

5 participants for success in the 21st century 

6 workforce; 

7 (B) community skill development to help 

8 such participants acquire an ethic of service to 

9 others and become more effective resource and 

10 community stewards; and 

11 (C) a greater understanding of the natural, 

12 cultural, or historic resources or treasures in 

13 the United States. 

14 (c) EXCLUSION FROM PREVAILING WAGE AND HOUR

15 LAWS.— 

16 (1) PREVAILING WAGE AND HOURS LAWS.—Any 

17 form of compensation, including stipends, provided 

18 to 21CSC participants under subsection (b)(2) shall 

19 not be subject to the requirements of prevailing 

20 wage laws under subchapter IV of chapter 31 of title 

21 40, United States Code. 

22 (2) NONEMPLOYEE STATUS.—A 21CSC partici23 pant shall not be considered— 

24 (A) an employee of the 21CSC organiza25 tion that selected such participant to serve on 


SSpencer on DSK4SPTVN1PROD with BILLS
18 

•HR 5114 IH

1 a 21CSC project under this Act, in the same 

2 manner as a participant is excluded under sec3 tion 101(30) of the National and Community 

4 Service Act of 1990 (42 U.S.C. 12511(30)); or 

5 (B) a Federal employee, and shall not be 

6 subject to the provisions of law relating to Fed7 eral employment, except that such provisions 

8 shall apply to any 21CSC participant to the ex9 tent provided for a participant or crew leader 

10 under section 199M(b) of such Act (42 U.S.C. 

11 12655n(b)). 

12 (d) ELIGIBILITY FOR NONCOMPETITIVE HIRING STA13 TUS.— 

14 (1) IN GENERAL.—A qualified individual de15 scribed in paragraph (2) shall be eligible for appoint16 ment in the competitive service in the same manner 

17 as Peace Corps volunteers as prescribed in Executive 

18 Order 11103 (22 U.S.C. 2504 note; relating to Pro19 viding for the Appointment of Former Peace Corps 

20 Volunteers to the Civilian Career Services), as 

21 amended by Executive Order 12107 (44 Fed. Reg. 

22 1055; relating to the Civil Service Commission and 

23 Labor-Management in the Federal Service). 

24 (2) QUALIFIED INDIVIDUAL.—A qualified indi25 vidual described in this subsection is an individual 


SSpencer on DSK4SPTVN1PROD with BILLS
19 

•HR 5114 IH

1 who is certified by the corresponding participating 

2 entities as having successfully completed 1 or more 

3 terms of service, as determined by an agreement be4 tween the 21CSC organization and the 21CSC par5 ticipant, that, in total, are not less than 640 hours. 

6 (3) PERIOD.—A qualified individual described 

7 in paragraph (2) shall be eligible for an appointment 

8 under paragraph (1) during the 2-year period begin9 ning on the date on which such individual completes 

10 1 or more terms of service, as determined under 

11 paragraph (2), that, in total, are not less than 640 

12 hours. 

13 SEC. 7. FUNDING. 

14 (a) INVESTMENTS.— 

15 (1) IN GENERAL.—In addition to using funding 

16 provided under subsections (b) and (c), to fund 

17 21CSC projects, each 21CSC organization shall le18 verage the funds provided under such subsections by 

19 soliciting in-cash or in-kind contributions from pub20 lic or private sources. 

21 (2) METHODS.—To leverage the funds under 

22 paragraph (1), each 21CSC organization may solicit 

23 contributions by using innovative strategies, such as 

24 crowd-funding. 


SSpencer on DSK4SPTVN1PROD with BILLS
20 

•HR 5114 IH

1 (b) EXISTING RESOURCES.—In addition to using 

2 funding provided under subsections (a) and (c), to fund 

3 a 21CSC project, each participating entity shall be limited 

4 to using existing resources that have been appropriated 

5 or allocated to such participating entity, as of the period 

6 of implementation of such 21CSC project, under laws and 

7 authorities other than this Act. 

8 (c) SET SHARE.—A 21CSC organization conducting 

9 a 21CSC project shall provide a share of not less than 

10 10 percent of the total cost of such project. The organiza11 tion may provide the share in cash or in kind from State, 

12 local, or private sources. 

13 SEC. 8. RULE OF CONSTRUCTION. 

14 Except as provided in section 6(b)(1)(A)(i), the re15 quirements and authorities provided under this Act for 

16 21CSC participants, 21CSC organizations, and partici17 pating entities with respect to a 21CSC project shall be 

18 in addition to the requirements and authorities provided 

19 under other Federal law for such participants, organiza20 tions, and entities with respect to that project. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS