103D CONGRESS

1ST SESSION H. R. 2010

AMENDMENT
In the Senate of the United States,

August 3 (legislative day, June 30), 1993.

Resolved, That the bill from the House of Representatives (H.R. 2010) entitled ‘‘An Act to amend the National

and Community Service Act of 1990 to establish a Corporation for National Service, enhance opportunities for national

service, and provide national service educational awards to

persons participating in such service, and for other purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Na3 tional and Community Service Trust Act of 1993’’.

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

5 follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purpose.

TITLE I—PROGRAMS AND RELATED PROVISIONS

Subtitle A—Programs

Sec. 101. Federal investment in support of national service.
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Sec. 102. National Service Trust and provision of national service educational

awards.

Sec. 103. School-based and community-based service-learning programs.

Sec. 104. Quality and innovation activities.

Subtitle B—Related Provisions

Sec. 111. Definitions.

Sec. 112. Authority to make State grants.

Sec. 113. Family and medical leave.

Sec. 114. Reports.

Sec. 115. Nondiscrimination.

Sec. 116. Notice, hearing, and grievance procedures.

Sec. 117. Nondisplacement.

Sec. 118. Evaluation.

Sec. 119. Engagement of participants.

Sec. 120. Contingent extension.

Sec. 121. Audits.

Sec. 122. Repeals.

Sec. 123. Effective date.

TITLE II—ORGANIZATION

Sec. 201. State Commissions on National and Community Service.

Sec. 202. Interim authorities of the Corporation for National and Community

Service and ACTION Agency.

Sec. 203. Final authorities of the Corporation for National and Community Service.

Sec. 204. Business plan.

TITLE III—REAUTHORIZATION

Subtitle A—National and Community Service Act of 1990

Sec. 301. Authorization of appropriations.

Subtitle B—Domestic Volunteer Service Act of 1973

Sec. 311. Short title; references.

CHAPTER 1—VISTA AND OTHER ANTI-POVERTY PROGRAMS

Sec. 321. Purpose of the VISTA program.

Sec. 322. Selection and assignment of VISTA volunteers.

Sec. 323. Terms and periods of service.

Sec. 324. Support for VISTA volunteers.

Sec. 325. Participation of younger and older persons.

Sec. 326. Literacy activities.

Sec. 327. Applications for assistance.

Sec. 328. Repeal of authority for student community service programs.

Sec. 329. University year for VISTA.

Sec. 330. Authority to establish and operate special volunteer and demonstration

programs.

Sec. 331. Technical and financial assistance.

Sec. 332. Elimination of separate authority for drug abuse programs.
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CHAPTER 2—NATIONAL SENIOR VOLUNTEER CORPS

Sec. 341. National Senior Volunteer Corps.

Sec. 342. The Retired and Senior Volunteer Program.

Sec. 343. Operation of the Retired and Senior Volunteer Program.

Sec. 344. Services under the Foster Grandparent Program.

Sec. 345. Stipends for low-income volunteers.

Sec. 346. Participation of non-low-income persons under parts B and C.

Sec. 347. Conditions of grants and contracts.

Sec. 348. Evaluation of the Senior Companion Program.

Sec. 349. Agreements with other Federal agencies.

Sec. 350. Programs of national significance.

Sec. 351. Adjustments to Federal financial assistance.

Sec. 352. Demonstration programs.

CHAPTER 3—ADMINISTRATION

Sec. 361. Purpose of agency.

Sec. 362. Authority of the Director.

Sec. 363. Compensation for volunteers.

Sec. 364. Repeal of report.

Sec. 365. Application of Federal law.

Sec. 366. Evaluation of programs.

Sec. 367. Nondiscrimination provisions.

Sec. 368. Elimination of separate requirements for setting regulations.

Sec. 369. Clarification of role of Inspector General.

Sec. 370. Copyright protection.

Sec. 371. Center for research and training.

Sec. 372. Deposit requirement credit for service as a volunteer.

CHAPTER 4—AUTHORIZATION OF APPROPRIATIONS AND OTHER AMENDMENTS

Sec. 381. Authorization of appropriations for title I.

Sec. 382. Authorization of appropriations for title II.

Sec. 383. Authorization of appropriations for title IV.

Sec. 384. Conforming amendments; compensation for VISTA FECA claimants.

Sec. 385. Repeal of authority.

CHAPTER 5—GENERAL PROVISIONS

Sec. 391. Technical and conforming amendments.

Sec. 392. Effective date.

Subtitle C—Youth Conservation Corps Act of 1970

Sec. 399. Public Lands Corps.

TITLE IV—TECHNICAL AND CONFORMING AMENDMENTS

Sec. 401. Definitions.

Sec. 402. References to the Commission on National and Community Service.

Sec. 403. References to Directors of the Commission on National and Community

Service.

Sec. 404. Definition of Director.

Sec. 405. References to ACTION and the ACTION Agency.

Sec. 406. Effective date.
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TITLE V—RURAL COMMUNITY SERVICE

Sec. 501. Rural community service.

Sec. 502. Demonstration project.

TITLE VI—FEDERAL TORT CLAIMS ACT

Sec. 601. Federal Tort Claims Act.

1 SEC. 2. FINDINGS AND PURPOSE.

2 (a) IN GENERAL.—Section 2 of the National and Com3 munity Service Act of 1990 (42 U.S.C. 12501) is amended

4 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 respon11 sibilities and shared values, and join together in posi12 tive experiences, that transcend race, religion, gender,

13 age, disability, region, income, and education.

14 ‘‘(3) The rising costs of postsecondary education

15 are putting higher education out of reach for an in16 creasing number of citizens.

17 ‘‘(4) Americans of all ages can improve their

18 communities and become better citizens through serv19 ice to the United States.

20 ‘‘(5) Nonprofit organizations, local governments,

21 States, and the Federal Government are already sup-
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1 porting a wide variety of national service programs

2 that deliver needed services in a cost-effective manner.

3 ‘‘(6) Residents of low-income communities, espe4 cially youth and young adults, can be empowered

5 through their service, and can help provide future

6 community leadership.

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

8 ‘‘(1) meet the unmet human, educational, envi9 ronmental, and public safety needs of the United

10 States, without displacing existing workers;

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

12 the spirit of community throughout the United States;

13 ‘‘(3) expand educational opportunity by reward14 ing individuals who participate in national service

15 with an increased ability to pursue higher education

16 or job training;

17 ‘‘(4) encourage citizens of the United States, re18 gardless of race, religion, gender, age, disability, re19 gion, income, or education, to engage in full-time or

20 part-time national service;

21 ‘‘(5) reinvent government to eliminate duplica22 tion in national service programs, support locally es23 tablished service initiatives, encourage private sector

24 investment and involvement in national service pro25 grams, and require measurable goals for performance
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1 in such programs and offer flexibility in meeting

2 those goals;

3 ‘‘(6) empower residents of low-income commu4 nities, especially youth and young adults, through

5 their service, and help provide future community

6 leadership;

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

8 infrastructure of Federal, State, and local programs

9 and agencies to expand full-time and part-time serv10 ice opportunities for all citizens;

11 ‘‘(8) provide tangible benefits to the communities

12 in which national service is performed;

13 ‘‘(9) build ties among Americans that transcend

14 race, religion, gender, age, disability, region, income,

15 and education;

16 ‘‘(10) encourage educational reform by introduc17 ing service-learning into curricula in elementary

18 schools, secondary schools, and institutions of higher

19 education; and

20 ‘‘(11) enable service participants to gain per21 sonal, academic, and occupational skills through serv22 ice-learning experiences.’’.

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—PROGRAMS AND

4 RELATED PROVISIONS

5 Subtitle A—Programs

6 SEC. 101. FEDERAL INVESTMENT IN SUPPORT OF NATIONAL

7 SERVICE.

8 (a) ASSISTANCE PROGRAM AUTHORIZED.—Subtitle C

9 of title I of the National and Community Service Act of

10 1990 (42 U.S.C. 12541 et seq.) is amended to read as fol11 lows:

12 ‘‘Subtitle C—National Service Trust

13 Program

14 ‘‘PART I—INVESTMENT IN NATIONAL SERVICE

15 ‘‘SEC. 121. AUTHORITY TO PROVIDE ASSISTANCE AND AP16 PROVED NATIONAL SERVICE POSITIONS.

17 ‘‘(a) PROVISION OF ASSISTANCE.—Subject to the avail18 ability of appropriations, the Corporation may make

19 grants to States, subdivisions of States, Indian tribes, pub20 lic and private not-for-profit organizations (including labor

21 organizations and community action agencies), and insti22 tutions of higher education for the purpose of assisting the

23 recipients of the grants by paying for the Federal share of—
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1 ‘‘(1) carrying out full- or part-time national

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

4 ‘‘(2) making grants in support of other national

5 service programs described in section 122(a) that are

6 carried out by other entities, or grants described in

7 section 129(d)(4).

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

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

10 into a contract or cooperative agreement with another

11 Federal agency to support a national service program

12 carried out by the agency. The support provided by

13 the Corporation pursuant to the contract or coopera14 tive agreement may include the transfer to the Fed15 eral agency of funds available to the Corporation

16 under this subtitle.

17 ‘‘(2) NONDUPLICATION.—A Federal agency that

18 enters into a contract or cooperative agreement under

19 paragraph (1) to support a national service program

20 within a State—

21 ‘‘(A) shall consult with the State Commis22 sion serving the State to avoid duplication with

23 any service program that is in existence in the

24 State as of the date of the contract or cooperative

25 agreement; and
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1 ‘‘(B) shall, in an appropriate case, enter

2 into a contract or cooperative agreement with an

3 entity that is carrying out a service program de4 scribed in subparagraph (A) that is of high qual5 ity, in order to support the national service pro6 gram.

7 ‘‘(3) APPLICATION OF REQUIREMENTS.—A Fed8 eral agency receiving assistance under this subsection

9 shall comply with the Federal share requirements of

10 section 129(d)(2)(B). The supplementation require11 ments specified in section 173 shall apply with re12 spect to the Federal national service programs sup13 ported with such assistance.

14 ‘‘(c) PROVISION OF APPROVED NATIONAL SERVICE PO15 SITIONS.—As part of the provision of assistance under sub16 sections (a) and (b), the Corporation shall—

17 ‘‘(1) approve the provision of national service

18 educational awards described in subtitle D for the

19 participants who serve in national service programs

20 carried out using such assistance; and

21 ‘‘(2) deposit in the National Service Trust estab22 lished in section 145(a) an amount equal to the prod23 uct of—

24 ‘‘(A) the value of a national service edu25 cational award under section 147; and
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1 ‘‘(B) the total number of approved national

2 service positions to be provided.

3 ‘‘(d) FIVE PERCENT LIMITATION ON ADMINISTRATIVE

4 COSTS.—

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

6 the amount of assistance provided to the original re7 cipient of a grant or transfer of assistance under sub8 section (a) or (b) for a fiscal year may be used to pay

9 for administrative costs (including indirect costs) in10 curred by—

11 ‘‘(A) the recipient of the assistance; and

12 ‘‘(B) national service programs carried out

13 or supported with the assistance.

14 ‘‘(2) RULES ON USE.—The Corporation may by

15 rule prescribe the manner and extent to which—

16 ‘‘(A) assistance provided under subsection

17 (a) or (b) may be used to cover administrative

18 costs; and

19 ‘‘(B) that portion of the assistance available

20 to cover administrative costs should be distrib21 uted between—

22 ‘‘(i) the original recipient of the grant

23 or transfer of assistance under such sub24 section; and
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1 ‘‘(ii) national service programs carried

2 out or supported with the assistance.

3 ‘‘(e) MATCHING FUNDS REQUIREMENTS.—

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

5 sections 129(d)(2)(B) and 140, the Federal share of

6 the cost of carrying out a national service program

7 that receives the assistance under subsection (a),

8 whether the assistance is provided directly or as a

9 subgrant from the original recipient of the assistance,

10 may not exceed 75 percent of such cost.

11 ‘‘(2) CALCULATION.—

12 ‘‘(A) IN GENERAL.—In providing for the re13 maining share of the cost of carrying out a na14 tional service program, the program—

15 ‘‘(i) shall provide for such share

16 through a payment in cash or in kind, fair17 ly evaluated, including facilities, equip18 ment, or services; and

19 ‘‘(ii) may provide for such share

20 through State sources, local sources, or other

21 Federal sources (other than the use of funds

22 made available under the national service

23 laws).

24 ‘‘(B) COST OF HEALTH CARE.—In provid25 ing for such remaining share through a payment
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1 in cash, a national service program may count

2 not more than 85 percent of the cost of providing

3 health care policy described in section 140(d)(2)

4 toward such share.

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

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

7 with respect to a national service program in any fis8 cal year if the Corporation determines that such a

9 waiver would be equitable due to a lack of available

10 financial resources at the local level.

11 ‘‘SEC. 122. TYPES OF NATIONAL SERVICE PROGRAMS ELIGI12 BLE FOR PROGRAM ASSISTANCE.

13 ‘‘(a) ELIGIBLE NATIONAL SERVICE PROGRAMS.—The

14 recipient of a grant under section 121(a) and each Federal

15 agency receiving assistance under section 121(b) shall use

16 the assistance, directly or through subgrants to other enti17 ties, to carry out full- or part-time national service pro18 grams, including summer programs, that address unmet

19 human, educational, environmental, or public safety needs.

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

21 may include the following types of national service pro22 grams:

23 ‘‘(1) A community corps program that meets

24 unmet human, educational, environmental, or public

25 safety needs and promotes greater community unity
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1 through the use of organized teams of participants of

2 varied social and economic backgrounds, skill levels,

3 capabilities, ages, ethnic backgrounds, or genders.

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

5 out during the summer or throughout the full cal6 endar year, such as a conservation corps or youth

7 service corps (including a conservation corps or youth

8 service corps that performs service on Federal or other

9 public lands or on Indian lands), that—

10 ‘‘(A) undertakes meaningful service projects

11 with visible benefits to a community, including

12 natural resource, urban renovation, rural devel13 opment, or human services projects;

14 ‘‘(B) includes as participants youths and

15 young adults between the ages of 16 and 25, in16 clusive, including out-of-school youths, other eco17 nomically disadvantaged youths, and individuals

18 with disabilities, who are between those ages; and

19 ‘‘(C) provides those participants who are

20 youths and young adults with—

21 ‘‘(i) crew-based, highly structured, and

22 adult-supervised work experience, life skills,

23 education, career guidance and counseling,

24 employment training, and support services;

25 and
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1 ‘‘(ii) the opportunity to develop citi2 zenship values and skills through service to

3 their community and the United States.

4 ‘‘(3) A program that provides specialized train5 ing to individuals in service-learning and places the

6 individuals after such training in positions, includ7 ing positions as service-learning coordinators, to fa8 cilitate service-learning in programs eligible for fund9 ing under part I subtitle B.

10 ‘‘(4) A service program that is targeted at spe11 cific unmet human, educational, environmental, or

12 public safety needs and that—

13 ‘‘(A) recruits individuals with special skills

14 or provides specialized preservice training to en15 able participants to be placed individually or in

16 teams in positions in which the participants can

17 meet such unmet needs; and

18 ‘‘(B) brings participants together for addi19 tional training and other activities designed to

20 foster civic responsibility, increase the skills of

21 participants, and improve the quality of the

22 service provided.

23 ‘‘(5) An individualized placement program that

24 includes regular group activities, such as leadership

25 training and special service projects.
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1 ‘‘(6) A campus-based program that is designed to

2 provide substantial service in a community during

3 the school term and during summer or other vacation

4 periods through the use of—

5 ‘‘(A) students who are attending an institu6 tion of higher education, including students par7 ticipating in a work-study program assisted

8 under part C of title IV of the Higher Education

9 Act of 1965 (42 U.S.C. 2751 et seq.);

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

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

12 such students and community residents.

13 ‘‘(7) A preprofessional training program in

14 which students enrolled in an institution of higher

15 education—

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

17 which may include classes containing service18 learning;

19 ‘‘(B) perform service related to such train20 ing outside the classroom during the school term

21 and during summer or other vacation periods;

22 and

23 ‘‘(C) agree to provide service upon gradua24 tion to meet unmet human, educational, environ-
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1 mental, or public safety needs related to such

2 training.

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

4 and places qualified participants in positions—

5 ‘‘(A) as teachers, nurses and other health

6 care providers, police officers, early childhood de7 velopment staff, engineers, or other professionals

8 providing service to meet educational, human,

9 environmental, or public safety needs in commu10 nities with an inadequate number of such profes11 sionals;

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

13 the maximum living allowance authorized in

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

15 subsection (c) of such section; and

16 ‘‘(C) that are sponsored by public or private

17 not-for-profit employers who agree to pay 100

18 percent of the salaries and benefits (other than

19 any national service educational award under

20 subtitle D) of the participants.

21 ‘‘(9) A program in which economically disadvan22 taged individuals who are between the ages of 16 and

23 24 years of age, inclusive, are provided with opportu24 nities to perform service that, while enabling such in25 dividuals to obtain the education and employment
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1 skills necessary to achieve economic self-sufficiency,

2 will help their communities meet—

3 ‘‘(A) the housing needs of low-income fami4 lies and the homeless; and

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

6 low-income areas.

7 ‘‘(10) A national service entrepreneur program

8 that identifies, recruits, and trains gifted young

9 adults of all backgrounds and assists such adults in

10 designing solutions to community problems.

11 ‘‘(11) An intergenerational program that com12 bines students, out-of-school youths, and older adults

13 as participants to provide needed community services,

14 including an intergenerational component of a na15 tional service program described in any of para16 graphs (1) through (10), or in paragraph (12) or

17 (13).

18 ‘‘(12) A program, to be known as a ‘Commu19 nities in Action program’, carried out by not-for-prof20 it organizations, including community action agen21 cies or combinations of such agencies, to provide op22 portunities for individuals or teams of individuals to

23 engage in local community projects that meet impor24 tant unaddressed community and individual needs in

25 low-income areas served by such a not-for-profit orga-
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1 nization, including service projects to meet the

2 unaddressed needs of economically disadvantaged

3 youth age 18 and younger (including providing safe

4 locations for after-school programs that provide op5 portunities for learning and recreation).

6 ‘‘(13) Such other national service programs ad7 dressing unmet human, educational, environmental,

8 or public safety needs as the Corporation may des9 ignate.

10 ‘‘(b) QUALIFICATION CRITERIA TO DETERMINE ELIGI11 BILITY.—

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

13 Corporation shall establish qualification criteria for

14 different types of national service programs for the

15 purpose of determining whether a particular national

16 service program should be considered to be a national

17 service program eligible to receive assistance or ap18 proved national service positions under this subtitle.

19 ‘‘(2) CONSULTATION.—In establishing qualifica20 tion criteria under paragraph (1), the Corporation

21 shall consult with organizations and individuals that

22 have extensive experience in developing and admin23 istering effective national service programs.

24 ‘‘(3) APPLICATION TO SUBGRANTS.—The quali25 fication criteria established by the Corporation under
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1 paragraph (1) shall also be used by each recipient of

2 assistance under section 121(a) that uses any portion

3 of the assistance to conduct a grant program to sup4 port other national service programs.

5 ‘‘(4) ENCOURAGEMENT OF INTERGENERATIONAL

6 COMPONENTS OF PROGRAMS.—The Corporation shall

7 encourage national service programs eligible to receive

8 assistance or approved national service positions

9 under this subtitle to establish, if consistent with the

10 purposes of the program, an intergenerational compo11 nent of the program that combines students, out-of12 school youths, and older adults as participants to pro13 vide services to address unmet human, education, en14 vironmental, or public safety needs.

15 ‘‘(c) NATIONAL SERVICE PRIORITIES.—

16 ‘‘(1) ESTABLISHMENT.—

17 ‘‘(A) BY CORPORATION.—In order to con18 centrate national efforts on meeting certain

19 unmet human, educational, environmental, or

20 public safety needs and to achieve the other pur21 poses of this Act, the Corporation shall establish,

22 and after reviewing the strategic plan approved

23 under section 192A(g)(1), periodically alter pri24 orities as appropriate regarding the types of na25 tional service programs to be assisted under sub-
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1 section (b) or (d) of section 129 and the purposes

2 for which such assistance may be used.

3 ‘‘(B) BY STATES.—States shall establish,

4 and through the national service plan process de5 scribed in section 178(e)(1), periodically alter

6 priorities as appropriate regarding the national

7 service programs to be assisted under section

8 129(a)(1).

9 ‘‘(2) NOTICE TO APPLICANTS.—

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

11 provide to potential applicants advance notice of

12 any national service priorities to be in effect

13 under this subsection for a fiscal year.

14 ‘‘(B) CONTENTS.—The notice shall specifi15 cally include—

16 ‘‘(i) a description of any alteration

17 made in the priorities since the previous no18 tice; and

19 ‘‘(ii) a description of the national serv20 ice programs that are designated by the

21 Corporation under section 133(d)(2) as eli22 gible for priority consideration in the next

23 competitive distribution of assistance under

24 section 121(a).
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1 ‘‘(C) REGULATIONS.—The Corporation shall

2 by regulation establish procedures to ensure the

3 equitable treatment of national service programs

4 that—

5 ‘‘(i) receive funding under this subtitle

6 for multiple years; and

7 ‘‘(ii) would be adversely affected by an8 nual revisions in such national service pri9 orities.

10 ‘‘(3) APPLICATION TO SUBGRANTS.—Any recipi11 ent of funds under section 121(a) that uses any por12 tion of the assistance to conduct a grant program to

13 support other national service programs shall, in con14 ducting such a grant program, make reasonable ef15 forts to use any national service priorities established

16 by the Corporation under this subsection.

17 ‘‘(d) EXISTING PROGRAMS.—Notwithstanding any

18 other provision of this section, any program that received

19 financial assistance under subtitle C or D of the National

20 and Community Service Act of 1990, as in effect on the

21 day before the date of enactment of this subsection, shall

22 be eligible to receive financial assistance under this subtitle

23 for a period of 30 months from the date of enactment of

24 this subsection.
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1 ‘‘SEC. 123. TYPES OF NATIONAL SERVICE POSITIONS ELIGI2 BLE FOR APPROVAL FOR NATIONAL SERVICE

3 EDUCATIONAL AWARDS.

4 ‘‘The Corporation may approve of any of the following

5 service positions as an approved national service position

6 that includes the national service educational award de7 scribed in subtitle D as one of the benefits to be provided

8 for successful service in the position:

9 ‘‘(1) A position for a participant in a national

10 service program described in section 122(a) that re11 ceives assistance under subsection (a) or (b) of section

12 121.

13 ‘‘(2) A position for a participant in a program

14 that—

15 ‘‘(A) is carried out by a State, a subdivi16 sion of a State, an Indian tribe, a public or pri17 vate not-for-profit organization (including a

18 community action agency), an institution of

19 higher education, or a Federal agency; and

20 ‘‘(B) would be eligible to receive assistance

21 under section 121(a), based on criteria estab22 lished by the Corporation, but has not applied

23 for such assistance.

24 ‘‘(3) A position involving service as a VISTA

25 volunteer under title I of the Domestic Volunteer

26 Service Act of 1973 (42 U.S.C. 4951 et seq.).
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1 ‘‘(4) A position facilitating service-learning in a

2 program described in section 122(a)(3) that is eligible

3 for assistance under part I of subtitle B.

4 ‘‘(5) A position for a participant in the Civilian

5 Community Corps under subtitle E.

6 ‘‘(6) A position involving service as a crew lead7 er in a youth corps program or a similar position

8 supporting a national service program that receives

9 an approved national service position.

10 ‘‘(7) Such other national service positions as the

11 Corporation considers to be appropriate.

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

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

14 provide assistance under section 121 to a qualified appli15 cant that submits an application under section 130 for the

16 planning of a national service program. Assistance pro17 vided in accordance with this subsection may cover a period

18 of not more than 1 year.

19 ‘‘(b) OPERATIONAL ASSISTANCE.—The Corporation

20 may provide assistance under section 121 to a qualified ap21 plicant that submits an application under section 130 for

22 the establishment, operation, or expansion of a national

23 service program. Assistance provided in accordance with

24 this subsection may cover a period of not more than 3 years,
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1 but may be renewed by the Corporation upon consideration

2 of a new application under section 130.

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

4 may provide assistance under section 121 to a qualified ap5 plicant that submits an application under section 130 for

6 the expansion of a proven national service program to an7 other geographical location. Assistance provided in accord8 ance with this subsection may cover a period of not more

9 than 3 years, but may be renewed by the Corporation upon

10 consideration of a new application under section 130.

11 ‘‘(d) APPLICATION TO SUBGRANTS.—The requirements

12 of this section shall apply to any State or other applicant

13 receiving assistance under section 121 that proposes to con14 duct a grant program using the assistance to support other

15 national service programs.

16 ‘‘SEC. 125. TRAINING AND TECHNICAL ASSISTANCE.

17 ‘‘(a) TRAINING PROGRAMS.—The Corporation may

18 conduct, directly or by grant or contract, appropriate train19 ing programs regarding national service in order to—

20 ‘‘(1) improve the ability of national service pro21 grams assisted under section 121 to meet human, edu22 cational, environmental, or public safety needs in

23 communities—

24 ‘‘(A) where services are needed most; and
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1 ‘‘(B) where programs do not exist, or are

2 too limited to meet community needs, as of the

3 date on which the Corporation makes the grant

4 or enters into the contract;

5 ‘‘(2) promote leadership development in such

6 programs;

7 ‘‘(3) improve the instructional and pro8 grammatic quality of such programs to build an ethic

9 of civic responsibility;

10 ‘‘(4) develop the management and budgetary

11 skills of program operators; and

12 ‘‘(5) provide for or improve the training pro13 vided to the participants in such programs.

14 ‘‘(b) TECHNICAL ASSISTANCE.—The Corporation shall,

15 where necessary, make appropriate technical assistance

16 available to States, Indian tribes, labor organizations, orga17 nizations operated by young adults, organizations serving

18 economically disadvantaged individuals, and other entities

19 described in section 121 that desire—

20 ‘‘(1) to develop national service programs; or

21 ‘‘(2) to apply for assistance under such section

22 or under a grant program conducted using assistance

23 provided under such section.

24 ‘‘SEC. 126. OTHER SPECIAL ASSISTANCE.

25 ‘‘(a) SUPPORT FOR STATE COMMISSIONS.—
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1 ‘‘(1) ASSISTANCE AUTHORIZED.—The Corpora2 tion may make assistance available to assist a State

3 to establish or operate the State Commission on Na4 tional and Community Service required to be estab5 lished by the State under section 178.

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

7 assistance that may be provided to a State Commis8 sion under this subsection, together with other Federal

9 funds available to establish or operate the State Com10 mission, may not exceed—

11 ‘‘(A) 85 percent of the total cost to establish

12 or operate the State Commission for the first

13 year for which the State Commission receives as14 sistance under this subsection; and

15 ‘‘(B) such smaller percentage of such cost as

16 the Corporation may establish for the second,

17 third, and fourth years of such assistance in

18 order to ensure that the Federal share does not

19 exceed 50 percent of such costs for the fifth year,

20 and any subsequent year, for which the State

21 Commission receives assistance under this sub22 section.

23 ‘‘(b) DISASTER SERVICE.—The Corporation may un24 dertake activities, including activities carried out through

25 part A of title I of the Domestic Volunteer Service Act of
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1 1973, to involve in disaster relief efforts youth corps pro2 grams described in section 122(a)(2) and other programs

3 that receive assistance under the national service laws.

4 ‘‘(c) CHALLENGE GRANTS FOR NATIONAL SERVICE

5 PROGRAMS.—

6 ‘‘(1) ASSISTANCE AUTHORIZED.—

7 ‘‘(A) IN GENERAL.—The Corporation may

8 make challenge grants under this subsection to

9 national service programs that receive assistance

10 under section 121.

11 ‘‘(B) CRITERIA.—The Corporation shall de12 velop criteria for the selection of recipients of

13 such challenge grants, so as to make the grants

14 widely available to a variety of programs that—

15 ‘‘(i) are high-quality national service

16 programs; and

17 ‘‘(ii) are carried out by entities with

18 demonstrated experience in establishing and

19 implementing projects that provide benefits

20 to participants and communities.

21 ‘‘(2) AMOUNT OF ASSISTANCE.—A challenge

22 grant under this subsection may provide not more

23 than $1 of assistance under this subsection for each

24 $1 in cash raised by the national service program

25 from private sources in excess of amounts required to
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1 be provided by the program to satisfy matching funds

2 requirements under section 121(e). The Corporation

3 shall establish a ceiling on the amount of assistance

4 that may be provided to a national service program

5 under this subsection.

6 ‘‘PART II—APPLICATION AND APPROVAL

7 PROCESS

8 ‘‘SEC. 129. PROVISION OF ASSISTANCE AND APPROVED NA9 TIONAL SERVICE POSITIONS BY COMPETI10 TIVE AND OTHER MEANS.

11 ‘‘(a) ALLOTMENTS OF ASSISTANCE AND APPROVED PO12 SITIONS TO STATES AND INDIAN TRIBES.—

13 ‘‘(1) ALLOTMENT OF ASSISTANCE TO CERTAIN

14 STATES.—

15 ‘‘(A) IN GENERAL.—Of the funds allocated

16 by the Corporation for provision of assistance

17 under subsections (a) and (b) of section 121 for

18 a fiscal year, the Corporation shall make a grant

19 under section 121(a) (and a corresponding allot20 ment of approved national service positions) to

21 each of the several States (through the State

22 Commission of the State), the District of Colum23 bia, and the Commonwealth of Puerto Rico that

24 has an application approved by the Corporation

25 under section 133.
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1 ‘‘(B) ALLOTMENT AMOUNTS.—Except as

2 provided in subparagraph (C), the amount allot3 ted as a grant to each such State under this

4 paragraph for a fiscal year shall be equal to—

5 ‘‘(i) in the first fiscal year for which

6 funds are appropriated under section

7 501(a)(2), an amount that bears the same

8 ratio to 40 percent of the allocated funds for

9 such fiscal year;

10 ‘‘(ii) in the second such fiscal year, an

11 amount that bears the same ratio to 45 per12 cent of the allocated funds for such fiscal

13 year; and

14 ‘‘(iii) in the third such fiscal year, an

15 amount that bears the same ratio to 50 per16 cent of the allocated funds for such fiscal

17 year,

18 as the population of the State bears to the total

19 population of the several States, the District of

20 Columbia, and the Commonwealth of Puerto

21 Rico

22 ‘‘(C) LIMITATION.—In no case shall any

23 State receive a grant under this paragraph for

a fiscal year in an amount that is less than 1 24 ⁄2
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1 of 1 percent of the allocated funds for the fiscal

2 year.

3 ‘‘(2) ALLOTMENT OF ASSISTANCE TO OTHER JU4 RISDICTIONS AND INDIAN TRIBES.—Of the funds allo5 cated by the Corporation for provision of assistance

6 under subsections (a) and (b) of section 121 for a fis7 cal year, the Corporation shall reserve up to 1 percent

8 of the allocated funds for grants under section 121(a)

9 to Indian tribes, the Virgin Islands, Guam, American

10 Samoa, and the Commonwealth of the Northern Mari11 ana Islands, to be allotted by the Corporation on a

12 competitive basis in accordance with their respective

13 needs. Palau shall also be eligible for a grant under

14 this paragraph from the reserved funds until such

15 time as the Compact of Free Association with Palau

16 is ratified.

17 ‘‘(3) EFFECT OF FAILURE TO APPLY.—If a State

18 or Indian tribe fails to apply for, or fails to give no19 tice to the Corporation of its intent to apply for, an

20 allotment under this subsection, the Corporation shall

21 use the amount that would have been allotted under

22 this subsection to the State or Indian tribe—

23 ‘‘(A) to make grants (and provide approved

24 national service positions in connection with

25 such grants) to other eligible entities under sec-
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1 tion 121 that propose to carry out national serv2 ice programs in the State or on behalf of the In3 dian tribe; and

4 ‘‘(B) after making grants under paragraph

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

6 Indian tribes with approved applications under

7 section 130.

8 ‘‘(b) RESERVATION OF APPROVED POSITIONS.—

9 ‘‘(1) NUMBER RESERVED.—Except as provided

10 in paragraph (2), the Corporation shall ensure that

11 each individual selected during a fiscal year for as12 signment as a VISTA volunteer under title I of the

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

14 4951 et seq.) or as a participant in the Civilian Com15 munity Corps Demonstration Program under subtitle

16 E shall receive the national service educational award

17 described in subtitle D if the individual satisfies the

18 eligibility requirements for the award. Funds for ap19 proved national service positions required by this

20 paragraph for a fiscal year shall be deducted from the

21 total funding for approved national service positions

22 for that fiscal year.

23 ‘‘(2) TRANSITION.—The Corporation shall deter24 mine an equitable procedure for providing post-serv25 ice educational awards to individuals who are selected
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1 for assignment as described in paragraph (1) after the

2 date of enactment of this subtitle and before the effec3 tive date of section 203(c)(2) of the National and

4 Community Service Trust Act of 1993.

5 ‘‘(c) RESERVATION FOR SPECIAL ASSISTANCE.—Sub6 ject to section 501(a)(2), of the funds allocated by the Cor7 poration for provision of assistance under subsections (a)

8 and (b) of section 121 for a fiscal year, the Corporation

9 may reserve such amount as the Corporation considers to

10 be appropriate for the purpose of making assistance avail11 able under sections 125 and 126. The Corporation may not

12 reserve more than $10,000,000 for a fiscal year for challenge

13 grants under section 126(c).

14 ‘‘(d) COMPETITIVE DISTRIBUTION OF REMAINING

15 FUNDS.—

16 ‘‘(1) STATE COMPETITION.—Of the funds allo17 cated by the Corporation for provision of assistance

18 under subsections (a) and (b) of section 121 for a fis19 cal year, the Corporation shall use not less than 30

20 percent of the allocated funds in the first fiscal year

21 for which funds are appropriated under section

501(a)(2), not less than 271 22 ⁄2 percent of the allocated

23 funds in the second such fiscal year, and not less than

24 25 percent of the allocated funds in the third such fis25 cal year, to make grants to States (through the State
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1 Commissions) on a competitive basis under section

2 121(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 (including labor organizations and

10 community action agencies), institutions of high11 er education, and Federal agencies the remainder

12 of the funds allocated by the Corporation for pro13 vision of assistance under section 121 for a fiscal

14 year, after operation of paragraph (1) and sub15 sections (a) and (c).

16 ‘‘(B) FEDERAL SHARE.—Notwithstanding

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

18 carry out a national service program using

19 funds made available under subparagraph (A),

20 and the Federal agency is authorized to use

21 funds made available under Federal law (other

22 than the national service laws) to carry out such

23 a program, the Federal share attributable to this

24 paragraph of the cost of carrying out the na25 tional service program shall be 50 percent of
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1 such cost. The President may by regulation

2 specify the sources that may be used by the Fed3 eral agency to provide for the remaining share of

4 such cost.

5 ‘‘(C) FEDERAL AGENCIES.—The Corpora6 tion may not distribute more than 30 percent of

7 such remainder to Federal agencies for a fiscal

8 year under subparagraph (A).

9 ‘‘(D) LIMITATIONS.—The Corporation shall

10 limit the categories of eligible applicants for as11 sistance under this paragraph consistent with

12 the priorities established by the Corporation

13 under section 133(d)(2).

14 ‘‘(3) PRIORITY.—In distributing the funds allo15 cated by the Corporation for provision of assistance

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

17 subsections (a) and (c) and after using the appro18 priate percentage of such funds, as described in para19 graph (1), to make grants under paragraph (1), in

20 determining whether to—

21 ‘‘(A) use an additional portion of the funds

22 to make a grant under paragraph (1) to a State

23 applicant; or
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1 ‘‘(B) distribute the portion of the funds to

2 an applicant that is a private not-for-profit or3 ganization under paragraph (2),

4 the Corporation shall give preference to the private

5 not-for-profit organization in any case in which the

6 Corporation determines that the applicants have sub7 mitted applications of equal quality under section

8 130.

9 ‘‘(4) RESERVATION.—

10 ‘‘(A) SUPPLEMENTAL AND OTHER

11 GRANTS.—In distributing the funds allocated by

12 the Corporation for provision of assistance under

13 section 121 for a fiscal year, after operation of

14 subsections (a) and (c), the President shall re15 serve, from the funds available to make grants

16 under paragraphs (1) and (2), an amount that

17 is not less than 2 percent and not more than 5

18 percent of such funds (except that such amount

19 may not exceed $10,000,000), in order to make

20 supplemental grants as provided in subpara21 graph (B) and grants as provided in subpara22 graph (C).

23 ‘‘(B) GRANTS TO ASSIST ENTITIES IN PLAC24 ING APPLICANTS WHO ARE INDIVIDUALS WITH A

25 DISABILITY.—
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1 ‘‘(i) IN GENERAL.—The President shall

2 make grants from a portion of the funds re3 served under subparagraph (A) to entities

4 that—

5 ‘‘(I) receive a grant to carry out

6 a national service program under

7 paragraph (1) or (2);

8 ‘‘(II) demonstrate that the entity

9 has received a substantial number of

10 applications for placement in the na11 tional service program of persons who

12 are individuals with a disability, as

13 defined in section 3(2) of the Ameri14 cans with Disabilities Act of 1990, and

15 who require a reasonable accommoda16 tion, as defined in section 101(9) of

17 such Act or auxiliary aids and serv18 ices, as defined in section 3(1) of such

19 Act, in order to perform national serv20 ice; and

21 ‘‘(III) demonstrate that additional

22 funding would assist the national serv23 ice program in placing a substantial

24 number of such individuals with a dis-
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1 ability as participants in projects car2 ried out through the program.

3 ‘‘(ii) REQUIREMENTS.—Funds made

4 available through such a supplemental

5 grant under clause (i) shall be made avail6 able for the same purposes, and subject to

7 the same requirements, as funds made

8 available through a grant made under para9 graph (1) or (2).

10 ‘‘(C) GRANTS FOR OUTREACH TO INDIVID11 UALS WITH A DISABILITY.—

12 ‘‘(i) IN GENERAL.—From the portion

13 of the funds reserved under subparagraph

14 (A) that is not used to make grants under

15 subparagraph (B), the President shall make

16 grants to public and private not-for-profit

17 organizations to pay for the Federal share

18 described in section 121(e) of—

19 ‘‘(I) providing information about

20 the programs specified in section

21 193A(d)(10) to such individuals with a

22 disability who desire to perform na23 tional service; and

24 ‘‘(II) enabling the individuals to

25 participate in activities carried out
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1 through such programs, which may in2 clude assisting the placement of the in3 dividuals in approved national service

4 positions.

5 ‘‘(ii) APPLICATION.—To be eligible to

6 receive a grant under this subparagraph, an

7 organization described in clause (i) shall

8 submit an application to the President at

9 such time, in such manner, and containing

10 such information as the President may re11 quire.

12 ‘‘(e) APPLICATION REQUIRED.—The allotment of as13 sistance and approved national service positions to a State

14 or Indian tribe under subsection (a), and the competitive

15 distribution of assistance under subsection (d), shall be

16 made by the Corporation only pursuant to an application

17 submitted by a State or other applicant under section 130

18 and approved by the Corporation under section 133.

19 ‘‘(f) APPROVAL OF POSITIONS SUBJECT TO AVAILABLE

20 FUNDS.—The Corporation may not approve positions as

21 approved national service positions under this subtitle for

22 a fiscal year in excess of the number of such positions for

23 which the Corporation has sufficient available funds in the

24 National Service Trust for that fiscal year, taking into con25 sideration funding needs for national service educational
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1 awards under subtitle D based on completed service. If ap2 propriations are insufficient to provide the maximum al3 lowable national service educational awards under subtitle

4 D for all eligible participants, the Corporation is authorized

5 to make necessary and reasonable adjustments to program

6 rules.

7 ‘‘(g) SPONSORSHIP OF APPROVED NATIONAL SERVICE

8 POSITIONS.—

9 ‘‘(1) SPONSORSHIP AUTHORIZED.—The Corpora10 tion may enter into agreements with persons or enti11 ties who offer to sponsor national service positions for

12 which the person or entity will be responsible for sup13 plying the funds necessary to provide a national serv14 ice educational award. The distribution of these ap15 proved national service positions shall be made pur16 suant to the agreement, and the creation of these posi17 tions shall not be taken into consideration in deter18 mining the number of approved national service posi19 tions to be available for distribution under this sec20 tion.

21 ‘‘(2) DEPOSIT OF CONTRIBUTION.—Funds pro22 vided pursuant to an agreement under paragraph (1)

23 and any other funds contributed to the Corporation

24 to support the activities of the Corporation under the

25 national service laws shall be deposited in the Na-
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1 tional Service Trust established in section 145 until

2 such time as the funds are needed.

3 ‘‘SEC. 130. APPLICATION FOR ASSISTANCE AND APPROVED

4 NATIONAL SERVICE POSITIONS.

5 ‘‘(a) TIME, MANNER, AND CONTENT OF APPLICA6 TION.—To be eligible to receive assistance under section 121

7 and approved national service positions for participants

8 who serve in the national service programs to be carried

9 out using the assistance, a State, subdivision of a State,

10 Indian tribe, public or private not-for-profit organization

11 (including a community action agency), institution of high12 er education, or Federal agency shall prepare and submit

13 to the Corporation an application at such time, in such

14 manner, and containing such information as the Corpora15 tion may reasonably require.

16 ‘‘(b) TYPES OF APPLICATION INFORMATION.—In order

17 to have adequate information upon which to consider an

18 application under section 133, the Corporation—

19 ‘‘(1) may require that an applicant described in

20 subsection (a) submit an application under subsection

21 (a) containing—

22 ‘‘(A) a description of the national service

23 programs proposed to be carried out directly by

24 the applicant using assistance provided under

25 section 121;
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1 ‘‘(B) a description of the national service

2 programs that are selected by the applicant to

3 receive a grant from assistance requested under

4 section 121 and a description of the process and

5 criteria by which the programs were selected;

6 ‘‘(C) a description of other funding sources

7 to be used, or sought to be used, for the national

8 service programs referred to in subparagraphs

9 (A) and (B), and, if the application is submitted

10 for the purpose of seeking a renewal of assist11 ance, a description of the success of the programs

12 in reducing their reliance on Federal funds;

13 ‘‘(D) a description of the extent to which the

14 projects to be conducted using the assistance will

15 address unmet human, educational, environ16 mental, or public safety needs and produce a di17 rect benefit for the community in which the

18 projects are performed;

19 ‘‘(E) a description of the plan to be used to

20 recruit participants, including economically dis21 advantaged youth, for the national service pro22 grams referred to in subparagraphs (A) and (B);

23 ‘‘(F) a description of the manner in which

24 the national service programs referred to in sub-
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1 paragraphs (A) and (B) build on existing pro2 grams, including Federal programs;

3 ‘‘(G) a description of the manner in which

4 the national service programs referred to in sub5 paragraphs (A) and (B) will involve partici6 pants—

7 ‘‘(i) in projects that build an ethic of

8 civic responsibility and produce a positive

9 change in the lives of participants through

10 training and participation in meaningful

11 service experiences and opportunities for re12 flection on such experiences; and

13 ‘‘(ii) in leadership positions in imple14 menting and evaluating the program;

15 ‘‘(H) measurable goals for the national serv16 ice programs referred to in subparagraphs (A)

17 and (B), and a strategy to achieve such goals, in

18 terms of—

19 ‘‘(i) the impact to be made in meeting

20 unmet human, educational, environmental,

21 or public safety needs; and

22 ‘‘(ii) the service experience to be pro23 vided to participants in the programs;

24 ‘‘(I) a description of the manner and extent

25 to which the national service programs referred
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1 to in subparagraphs (A) and (B) conform to the

2 national service priorities established by the Cor3 poration under section 122(c);

4 ‘‘(J) a description of the past experience of

5 the applicant in operating a comparable pro6 gram or in conducting a grant program in sup7 port of other comparable programs;

8 ‘‘(K) a description of the type and number

9 of proposed service positions in which partici10 pants will receive the national service edu11 cational award described in subtitle D and a de12 scription of the manner in which approved na13 tional service positions will be apportioned by

14 the applicant;

15 ‘‘(L) a description of the manner and extent

16 to which participants, representatives of the com17 munity served, community-based agencies with a

18 demonstrated record of experience in providing

19 services, and labor organizations contributed to

20 the development of the national service programs

21 referred to in subparagraphs (A) and (B), in22 cluding the identity of the individual represent23 ing the labor organization who was consulted

24 and the nature of the consultation;
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1 ‘‘(M) a description of a plan to be used to

2 encourage women to participate in programs re3 ferred to in subparagraphs (A) and (B); and

4 ‘‘(N) such other information as the Corpora5 tion may reasonably require; and

6 ‘‘(2) shall require that the applicant submit an

7 application under subsection (a) containing—

8 ‘‘(A) a description of the jobs or positions

9 into which participants will be placed using the

10 assistance provided under section 121, including

11 descriptions of specific tasks to be performed by

12 such participants; and

13 ‘‘(B) a description of the minimum quali14 fications that individuals shall meet to become

15 participants in such programs.

16 ‘‘(c) APPLICATION TO RECEIVE ONLY APPROVED NA17 TIONAL SERVICE POSITIONS.—

18 ‘‘(1) APPLICABILITY OF SUBSECTION.—This sub19 section shall apply in the case of an application in

20 which—

21 ‘‘(A) the applicant is not seeking assistance

22 under subsection (a) or (b) of section 121, but re23 quests national service educational awards for

24 individuals serving in service positions described

25 in section 123; or
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1 ‘‘(B) the applicant requests national service

2 educational awards for service positions de3 scribed in section 123, but the positions are not

4 positions in a national service program de5 scribed in section 122(a) for which assistance

6 may be provided under subsection (a) or (b) of

7 section 121.

8 ‘‘(2) SPECIAL APPLICATION REQUIREMENTS.—

9 For the applications described in paragraph (1), the

10 Corporation shall establish special application re11 quirements in order to determine—

12 ‘‘(A) whether the service positions meet

13 unmet human, educational, environmental, or

14 public safety needs and meet the criteria for as15 sistance under this subtitle; and

16 ‘‘(B) whether the Corporation should ap17 prove the positions as approved national service

18 positions that include the national service edu19 cational award described in subtitle D as one of

20 the benefits to be provided for successful service

21 in the position.

22 ‘‘(d) SPECIAL RULE FOR STATE APPLICANTS.—

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

24 application of a State for approved national service
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1 positions or for a grant under section 121(a) shall be

2 submitted by the State Commission.

3 ‘‘(2) COMPETITIVE SELECTION.—The application

4 of a State shall contain an assurance that all assist5 ance provided under section 121(a) to the State will

6 be used to support national service programs that

7 were selected by the State on a competitive basis.

8 ‘‘(3) ASSISTANCE TO NONSTATE ENTITIES.—The

9 application of a State shall also contain an assurance

10 that not less than 60 percent of the assistance will be

11 used to make grants in support of national service

12 programs other than national service programs car13 ried out by a State agency. The Corporation may

14 permit a State to deviate from the percentage speci15 fied by this paragraph if the State has not received

16 a sufficient number of acceptable applications to com17 ply with the percentage.

18 ‘‘(e) SPECIAL RULE FOR CERTAIN SERVICE SPON19 SORS.—In the case of a program applicant that proposes

20 to serve as the service sponsor, the application shall include

21 the written concurrence of any local labor organization rep22 resenting employees of the applicant who are engaged in

23 the same or substantially similar work as that proposed to

24 be carried out.
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1 ‘‘(f) LIMITATION ON SAME PROJECT IN MULTIPLE AP2 PLICATIONS.—No applicant shall submit an application

3 under this section, and the Corporation shall reject an ap4 plication that is submitted under this section, if the appli5 cation describes a project proposed to be conducted using

6 assistance requested by the applicant and the project is al7 ready described in another application pending before the

8 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 the

13 applicant that any national service program carried out

14 by the applicant using assistance provided under section

15 121 and any national service program supported by a grant

16 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; and

21 ‘‘(2) comply with the nonduplication and

22 nondisplacement requirements of section 177.

23 ‘‘(b) IMPACT ON PARTICIPANTS.—An application sub24 mitted under section 130 shall also include an assurance

25 by the applicant that any national service program carried
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1 out by the applicant using assistance provided under sec2 tion 121 and any national service program supported by

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

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

5 program with the training, skills, and knowledge nec6 essary for the projects that participants are called

7 upon to perform;

8 ‘‘(2) provide support services to participants,

9 such as the provision of appropriate information and

10 support—

11 ‘‘(A) to those participants who are complet12 ing a term of service and making the transition

13 to other educational and career opportunities;

14 and

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

16 dropouts in order to assist those participants in

17 earning the equivalent of a high school diploma;

18 and

19 ‘‘(3) provide structured opportunities for partici20 pants to reflect on their service experiences.

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

22 under section 130 shall also include an assurance by the

23 applicant that any national service program carried out

24 by the applicant using assistance provided under section
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1 121 and any national service program supported by a grant

2 made by the applicant using such assistance will—

3 ‘‘(1) provide in the design, recruitment, and op4 eration of the program for broad-based input from the

5 community served, individuals eligible to serve as

6 participants in the program, community-based agen7 cies (including community action agencies) with a

8 demonstrated record of experience in providing serv9 ices, and local labor organizations representing em10 ployees of service sponsors;

11 ‘‘(2) prior to the placement of participants, con12 sult with any local labor organization representing

13 employees in the area who are engaged in the same

14 or similar work as that proposed to be carried out by

15 such program to ensure compliance with the

16 nondisplacement requirements specified in section

17 177; and

18 ‘‘(3) in the case of a program that is not funded

19 through a State, consult with and coordinate activi20 ties with the State Commission for the State in which

21 the program operates.

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

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

24 under section 130 shall also include an assurance by

25 the applicant that the applicant will—
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1 ‘‘(A)(i) arrange for an independent evalua2 tion of any national service program carried out

3 using assistance provided to the applicant under

4 section 121; or

5 ‘‘(ii) with the approval of the Corporation,

6 conduct an internal evaluation of the program;

7 ‘‘(B) develop measurable performance goals

8 and evaluation methods (such as the use of sur9 veys of participants and persons served), which

10 are to be used as part of such evaluation to de11 termine the impact of the program—

12 ‘‘(i) on communities and persons

13 served by the projects performed by the pro14 gram;

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

16 the projects; and

17 ‘‘(iii) in such other areas as the Cor18 poration may require; and

19 ‘‘(C) cooperate with any evaluation activi20 ties undertaken by the Corporation.

21 ‘‘(2) ALTERNATIVE EVALUATION REQUIRE22 MENTS.—The Corporation may establish alternative

23 evaluation requirements for national service programs

24 based upon the amount of assistance received under

25 section 121 or received by a grant made by a recipi-
51

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1 ent of assistance under such section. The determina2 tion of whether a national service program is covered

3 by this paragraph shall be made in such manner as

4 the Corporation may prescribe.

5 ‘‘(e) LIVING ALLOWANCES AND OTHER INSERVICE

6 BENEFITS.—Except as provided in section 140(c), an ap7 plication submitted under section 130 shall also include an

8 assurance by the applicant that the applicant will—

9 ‘‘(1) provide a living allowance and other bene10 fits specified in section 140 to participants in any

11 national service program carried out by the applicant

12 using assistance provided under section 121; and

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

14 that receives a grant from the applicant using such

15 assistance will also provide a living allowance and

16 other benefits specified in section 140 to participants

17 in the program.

18 ‘‘(f) SELECTION OF PARTICIPANTS FROM INDIVIDUALS

19 RECRUITED BY CORPORATION OR STATE COMMISSIONS.—

20 The Corporation may also require an assurance by the ap21 plicant that any national service program carried out by

22 the applicant using assistance provided under section 121

23 and any national service program supported by a grant

24 made by the applicant using such assistance will select a

25 portion of the participants for the program from among
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1 prospective participants recruited by the Corporation or

2 State Commissions under section 138(d). The Corporation

3 may specify a minimum percentage of participants to be

4 selected from the national leadership pool established under

5 section 138(e) and may vary the percentage for different

6 types of national service programs.

7 ‘‘SEC. 132. INELIGIBLE SERVICE CATEGORIES.

8 ‘‘(a) IN GENERAL.—Except as provided in subsections

9 (b) and (c), an application submitted to the Corporation

10 under section 130 shall include an assurance by the appli11 cant that any national service program carried out using

12 assistance provided under section 121 and any approved

13 national service position provided to an applicant will not

14 be used to perform service that provides a direct benefit to

15 any—

16 ‘‘(1) business organized for profit;

17 ‘‘(2) labor union;

18 ‘‘(3) partisan political organization;

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

20 unless such service does not involve the use of assist21 ance provided under section 121 or participants to

22 give religious instruction, conduct worship services,

23 provide instruction as part of a program that in24 cludes mandatory religious education or worship, con25 struct, operate, or maintain facilities devoted to reli-
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1 gious instruction or worship, or engage in any form

2 of proselytization; or

3 ‘‘(5) organization that expends more than 20

4 percent of the annual budget of the organization, or

5 whose primary purpose is, to influence public policy

6 or engage in legislative advocacy activities.

7 ‘‘(b) ADVOCACY ACTIVITIES.—Nothing in this section

8 shall be construed to prevent participants from engaging

9 in advocacy activities undertaken at their own initiative.

10 ‘‘(c) REGIONAL CORPORATION.—The requirement of

11 subsection (a) relating to an assurance regarding direct

12 benefits to businesses organized for profit shall not apply

13 with respect to a Regional Corporation, as defined in sec14 tion 3(g) of the Alaska Native Claims Settlement Act (43

15 U.S.C. 1602(g)), that is established in accordance with such

16 Act as a for-profit corporation but that is engaging in not17 for-profit activities.

18 ‘‘(d) PROHIBITION ON CERTAIN POLITICAL ACTIVI19 TIES.—

20 ‘‘(1) IN GENERAL.—Except as provided in sub21 section (b) and paragraph (2), an application sub22 mitted to the Corporation under section 130 shall in23 clude an assurance by the applicant that any na24 tional service program carried out using assistance

25 provided under section 121 and any approved na-
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1 tional service position provided to an applicant will

2 not be used to—

3 ‘‘(A) provide political seminars, training,

4 instruction, lectures, classes, or speeches; or

5 ‘‘(B) assist political organizations, partisan

6 organizations, or political appointees.

7 ‘‘(2) POLITICAL APPOINTEES.—The requirement

8 of paragraph (1) relating to an assurance regarding

9 speeches shall not apply to political appointees who

10 are responsible for the administration of a national

11 service program.

12 ‘‘(3) ENFORCEMENT.—If the Corporation deter13 mines that a national service program has failed to

14 comply with the assurances provided under para15 graph (1), the Corporation shall—

16 ‘‘(A) prohibit the program from recruiting

17 or selecting individuals to participate in the pro18 gram during the 2-year period beginning on the

19 date the Corporation determines the noncompli20 ance commenced; and

21 ‘‘(B) direct the program to terminate the

22 employment of the supervisors determined to be

23 involved in the noncompliance.
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1 ‘‘SEC. 133. CONSIDERATION OF APPLICATIONS.

2 ‘‘(a) CORPORATION CONSIDERATION OF CERTAIN CRI3 TERIA.—The Corporation shall apply the criteria described

4 in subsections (c) and (d) in determining whether—

5 ‘‘(1) to approve an application submitted under

6 section 130 and provide assistance under section 121

7 to the applicant; and

8 ‘‘(2) to approve service positions described in the

9 application as national service positions that include

10 the national service educational award described in

11 subtitle D and provide such approved national service

12 positions to the applicant.

13 ‘‘(b) APPLICATION TO SUBGRANTS.—

14 ‘‘(1) IN GENERAL.—A State or other entity that

15 uses assistance provided under section 121(a) to sup16 port national service programs selected on a competi17 tive basis to receive a share of the assistance shall use

18 the criteria described in subsections (c) and (d) when

19 considering an application submitted by a national

20 service program to receive a portion of such assistance

21 or an approved national service position.

22 ‘‘(2) CONTENTS.—The application of the State or

23 other entity under section 130 shall contain—

24 ‘‘(A) a certification that the State or other

25 entity complied with these criteria in the selec-
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1 tion of national service programs to receive as2 sistance;

3 ‘‘(B) a description of the jobs or positions

4 into which participants will be placed using

5 such assistance, including descriptions of specific

6 tasks to be performed by such participants; and

7 ‘‘(C) a description of the minimum quali8 fications that individuals shall meet to become

9 participants in such programs.

10 ‘‘(c) ASSISTANCE CRITERIA.—The criteria required to

11 be applied in evaluating applications submitted under sec12 tion 130 are as follows:

13 ‘‘(1) The quality of the national service program

14 proposed to be carried out directly by the applicant

15 or supported by a grant from the applicant.

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

17 service program, and the feasibility of replicating the

18 program.

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

20 program, based on evidence such as the existence—

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

22 support for the program; and

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

24 funding for the program.
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1 ‘‘(4) The quality of the leadership of the national

2 service program, the past performance of the program,

3 and the extent to which the program builds on exist4 ing programs.

5 ‘‘(5) The extent to which participants of the na6 tional service program are recruited from among resi7 dents of the communities in which projects are to be

8 conducted, and the extent to which participants and

9 community residents are involved in the design, lead10 ership, and operation of the program.

11 ‘‘(6) The extent to which projects would be con12 ducted in areas where such projects are needed most,

13 such as—

14 ‘‘(A) communities designated as enterprise

15 zones or redevelopment areas, targeted for special

16 economic incentives, or otherwise identifiable as

17 having high percentages or concentrations of

18 low-income individuals;

19 ‘‘(B) areas that are environmentally dis20 tressed;

21 ‘‘(C) areas adversely affected by reductions

22 in defense spending or the closure or realignment

23 of military installations; and

24 ‘‘(D) areas—
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1 ‘‘(i) that have experienced a substan2 tial reduction in population, as determined

3 by the Corporation; and

4 ‘‘(ii) with high numbers or percentages

5 of economically disadvantaged older adults.

6 ‘‘(7) In the case of applicants other than States,

7 the extent to which the application is consistent with

8 the application under section 130 of the State in

9 which the projects would be conducted.

10 ‘‘(8) Such other criteria as the Corporation con11 siders to be appropriate.

12 ‘‘(d) OTHER CONSIDERATIONS.—

13 ‘‘(1) GEOGRAPHIC DIVERSITY.—The Corporation

14 shall ensure that recipients of assistance provided

15 under section 121 are geographically diverse and in16 clude projects to be conducted in those urban and

17 rural areas in a State with the highest rates of

18 poverty.

19 ‘‘(2) PRIORITIES.—

20 ‘‘(A) IN GENERAL.—The Corporation may

21 designate, under such criteria as may be estab22 lished by the Corporation, certain national serv23 ice programs or types of national service pro24 grams described in section 122(a) for priority
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1 consideration in the competitive distribution of

2 funds under section 129(d)(2).

3 ‘‘(B) PROGRAMS DESIGNATED TO RECEIVE

4 PRIORITY.—In designating national service pro5 grams to receive priority, the Corporation may

6 include—

7 ‘‘(i) national service programs carried

8 out by another Federal agency;

9 ‘‘(ii) national service programs that

10 conform to the national service priorities in

11 effect under section 122(c);

12 ‘‘(iii) innovative national service pro13 grams;

14 ‘‘(iv) national service programs that

15 are well established in one or more States at

16 the time of the application and are pro17 posed to be expanded to additional States

18 using assistance provided under section 121;

19 ‘‘(v) grant programs in support of

20 other national service programs if the grant

21 programs are to be conducted by not-for22 profit organizations (including community

23 action agencies) with a demonstrated and

24 extensive expertise in the provision of serv-
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1 ices to meet human, educational, environ2 mental, or public safety needs;

3 ‘‘(vi) professional corps programs de4 scribed in section 122(a)(8); and

5 ‘‘(vii) programs that—

6 ‘‘(I) received funding under sub7 title D of this Act, as in effect on the

8 day before the date of enactment of this

9 subtitle;

10 ‘‘(II) the Corporation determines

11 to meet the requirements of sections

12 142 (other than subsection (g)), 143,

13 and 148 through 150 of this Act, as in

14 effect on such day, in addition to the

15 requirements of this subtitle; and

16 ‘‘(III) include an evaluation com17 ponent.

18 ‘‘(C) EXCEPTION.—In making a competitive

19 distribution of funds under section 129(d)(2), the

20 President may give priority consideration to a

21 national service program that is—

22 ‘‘(i) proposed in an application sub23 mitted by a State Commission; and
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1 ‘‘(ii) not one of the types of programs

2 described in clauses (i) through (vi) of sub3 paragraph (B),

4 if the State Commission provides an adequate

5 explanation of the reasons why it should not be

6 a priority of such State to carry out any of such

7 types of programs in the State.

8 ‘‘(3) REVIEW PANEL.—The President shall—

9 ‘‘(A) establish panels of experts for the pur10 pose of securing recommendations on applica11 tions submitted under section 130 for more than

12 $100,000 in assistance, or for national service

13 positions that would require more than $100,000

14 in national service educational awards; and

15 ‘‘(B) consider the opinions of such panels

16 prior to making such determinations.

17 ‘‘(e) EMPHASIS ON AREAS MOST IN NEED.—In mak18 ing assistance available under section 121 and in providing

19 approved national service positions under section 123, the

20 Corporation shall ensure that not less than 50 percent of

21 the total amount of assistance to be distributed to States

22 under subsections (a) and (d)(1) of section 129 for a fiscal

23 year is provided to carry out or support national service

24 programs and projects that—
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1 ‘‘(1) are conducted in areas described in any of

2 subparagraphs (A) through (D) of subsection (c)(6) or

3 on Federal or other public lands, to address unmet

4 human, educational, environmental, or public safety

5 needs in such areas or on such lands; and

6 ‘‘(2) place a priority on the recruitment of par7 ticipants who are residents of areas described in any

8 of subparagraphs (A) through (D) of subsection (c)(6)

9 or Federal or other public lands.

10 ‘‘(f) REJECTION OF STATE APPLICATIONS.—

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

12 the Corporation rejects an application submitted by a

13 State Commission under section 130 for funds de14 scribed in section 129(a)(1), the Corporation shall

15 promptly notify the State Commission of the reasons

16 for the rejection of the application.

17 ‘‘(2) RESUBMISSION AND RECONSIDERATION.—

18 The Corporation shall provide a State Commission

19 notified under paragraph (1) with a reasonable op20 portunity to revise and resubmit the application. At

21 the request of the State Commission, the Corporation

22 shall provide technical assistance to the State Com23 mission as part of the resubmission process. The Cor24 poration shall promptly reconsider an application re25 submitted under this paragraph.
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1 ‘‘(3) REALLOTMENT.—The amount of any State’s

2 allotment under section 129(a) for a fiscal year that

3 the Corporation determines will not be provided for

4 that fiscal year shall be available for distribution by

5 the Corporation as provided in paragraph (3) of such

6 subsection.

7 ‘‘PART III—NATIONAL SERVICE PARTICIPANTS

8 ‘‘SEC. 137. DESCRIPTION OF PARTICIPANTS.

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

10 individual shall be considered to be a participant in a na11 tional service program carried out using assistance pro12 vided under section 121 if the individual—

13 ‘‘(1) meets such eligibility requirements, directly

14 related to the tasks to be accomplished, as may be es15 tablished by the program;

16 ‘‘(2) is selected by the program to serve in a po17 sition with the program;

18 ‘‘(3) will serve in the program for a term of serv19 ice specified in section 139 to be performed before,

20 during, or after attendance at an institution of higher

21 education;

22 ‘‘(4) is 17 years of age or older at the time the

23 individual begins the term of service;

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

25 its equivalent; or
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1 ‘‘(ii) agrees to obtain a high school diploma or

2 its equivalent and the individual did not drop out of

3 an elementary or secondary school to enroll in the

4 program; or

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

6 education on the basis of meeting the standard de7 scribed in paragraph (1) or (2) of section 484(d) of

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

9 1091(d)); and

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

11 such Act; and

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

13 admitted for permanent residence.

14 ‘‘(b) SPECIAL RULES FOR CERTAIN YOUTH PRO15 GRAMS.—An individual shall be considered to be a partici16 pant in a youth corps program described in section

17 122(a)(2) or a program described in section 122(a)(9) that

18 is carried out with assistance provided under section 121(a)

19 if the individual—

20 ‘‘(1) satisfies the requirements specified in sub21 section (a), except paragraph (4) of such subsection;

22 and

23 ‘‘(2) is between the ages of 16 and 25, inclusive,

24 at the time the individual begins the term of service.
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1 ‘‘(c) WAIVER.—The Corporation may waive the re2 quirements of subsection (a)(5)(A) with respect to an indi3 vidual if the program in which the individual seeks to be4 come a participant conducts an independent evaluation

5 demonstrating that the individual is incapable of obtaining

6 a high school diploma or its equivalent.

7 ‘‘SEC. 138. SELECTION OF NATIONAL SERVICE PARTICI8 PANTS.

9 ‘‘(a) SELECTION PROCESS.—Subject to subsections (b)

10 and (c) and section 131(f), the actual recruitment and selec11 tion of an individual to serve in a national service program

12 receiving assistance under section 121 or to fill an approved

13 national service position shall be conducted by the State,

14 subdivision of a State, Indian tribe, public or private not15 for-profit organization, institution of higher education,

16 Federal agency, or other entity to which the assistance and

17 approved national service positions are provided.

18 ‘‘(b) NONDISCRIMINATION AND NONPOLITICAL SELEC19 TION OF PARTICIPANTS.—The recruitment and selection of

20 individuals to serve in national service programs receiving

21 assistance under section 121 or to fill approved national

22 service positions shall be consistent with the requirements

23 of section 175.

24 ‘‘(c) SECOND TERM.—Acceptance into a national serv25 ice program to serve a second term of service under section
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1 139 shall only be available to individuals who perform sat2 isfactorily in their first term of service.

3 ‘‘(d) RECRUITMENT AND PLACEMENT.—The Corpora4 tion and each State Commission shall establish a system

5 to recruit individuals who desire to perform national serv6 ice and to assist the placement of these individuals in ap7 proved national service positions, including positions avail8 able under title I of the Domestic Volunteer Service Act of

9 1973 (42 U.S.C. 4951). The Corporation and State Com10 missions shall disseminate information regarding available

11 approved national service positions through cooperation

12 with secondary schools, institutions of higher education, em13 ployment service offices, State vocational rehabilitation

14 agencies within the meaning of the Rehabilitation Act of

15 1973 and other State agencies that primarily serve individ16 uals with disabilities, and other appropriate entities, par17 ticularly those organizations that provide outreach to eco18 nomically disadvantaged youths or youths who are individ19 uals with disabilities.

20 ‘‘(e) NATIONAL LEADERSHIP POOL.—

21 ‘‘(1) SELECTION AND TRAINING.—From among

22 individuals recruited under subsection (d), the Cor23 poration may select individuals with significant lead24 ership potential, as determined by the Corporation, to

25 receive special training to enhance their leadership
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1 ability. The leadership training shall be provided by

2 the Corporation directly or through a grant or con3 tract.

4 ‘‘(2) EMPHASIS ON CERTAIN INDIVIDUALS.—In

5 selecting individuals to receive leadership training

6 under this subsection, the Corporation shall make spe7 cial efforts to select individuals who have served—

8 ‘‘(A) in the Peace Corps;

9 ‘‘(B) as VISTA volunteers;

10 ‘‘(C) as participants in national service

11 programs receiving assistance under section 121;

12 or

13 ‘‘(D) as participants in programs receiving

14 assistance under subtitle D of the National and

15 Community Service Act of 1990, as in effect on

16 the day before the date of enactment of this sub17 title.

18 ‘‘(3) ASSIGNMENT.—At the request of a program

19 that receives assistance under the national service

20 laws, the Corporation may assign an individual who

21 receives leadership training under paragraph (1) to

22 work with the program in a leadership position and

23 carry out assignments not otherwise performed by

24 regular participants. An individual assigned to a
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1 program shall be considered to be a participant of the

2 program.

3 ‘‘SEC. 139. TERMS OF SERVICE.

4 ‘‘(a) IN GENERAL.—As a condition of receiving a na5 tional service educational award under subtitle D, a partic6 ipant in an approved national service position shall be re7 quired to perform full- or part-time national service for at

8 least one term of service specified in subsection (b).

9 ‘‘(b) TERM OF SERVICE.—

10 ‘‘(1) FULL-TIME SERVICE.—An individual per11 forming full-time national service in an approved na12 tional service position shall agree to participate in

13 the program sponsoring the position for not less than

14 1,700 hours during a period of not less than 9 months

15 and not more than 1 year.

16 ‘‘(2) PART-TIME SERVICE.—Except as provided

17 in paragraph (3), an individual performing part18 time national service in an approved national service

19 position shall agree to participate in the program

20 sponsoring the position for not less than 900 hours

21 during a period of—

22 ‘‘(A) not more than 2 years; or

23 ‘‘(B) not more than 3 years if the individ24 ual is enrolled in an institution of higher edu-
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1 cation while performing all or a majority of the

2 hours of such service.

3 ‘‘(3) REDUCTION IN HOURS OF PART-TIME SERV4 ICE.—The Corporation may reduce the number of

5 hours required to be served to successfully complete

6 part-time national service to a level determined by

7 the Corporation, except that any reduction in the re8 quired term of service shall include a corresponding

9 reduction in the amount of any national service edu10 cational award that may be available under subtitle

11 D with regard to that service.

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

14 ‘‘(1) RELEASE AUTHORIZED.—A recipient of as15 sistance under section 121 or a program sponsoring

16 an approved national service position may release a

17 participant from completing a term of service in the

18 position—

19 ‘‘(A) for compelling personal circumstances

20 as demonstrated by the participant; or

21 ‘‘(B) for cause.

22 ‘‘(2) EFFECT OF RELEASE.—If the released par23 ticipant was serving in an approved national service

24 position, the participant may receive a portion of the

25 national service educational award corresponding to
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1 that service in the manner provided in section 147(b),

2 except that a participant released for cause may not

3 receive any portion of the national service educational

4 award.

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

6 PARTICIPANTS.

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

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

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

10 out using assistance provided under section 121 shall

11 provide to each participant in the program a living

12 allowance in such an amount as may be established

13 by the program.

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

15 amount of the annual living allowance provided

16 under paragraph (1) that may be paid using assist17 ance provided under section 121 and using any other

18 Federal funds shall not exceed the lesser of—

19 ‘‘(A) 85 percent of the total average annual

20 subsistence allowance provided to VISTA volun21 teers under section 105 of the Domestic Volunteer

22 Service Act of 1973 (42 U.S.C. 4955); and

23 ‘‘(B) 85 percent of the annual living allow24 ance established by the national service program

25 involved.
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1 ‘‘(3) MAXIMUM LIVING ALLOWANCE.—Except as

2 provided in subsection (c), the total amount of an an3 nual living allowance that may be provided to a par4 ticipant in a national service program shall not ex5 ceed 200 percent of the average annual subsistence al6 lowance provided to VISTA volunteers under section

7 105 of the Domestic Volunteer Service Act of 1973 (42

8 U.S.C. 4955).

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

10 amount provided as a living allowance under this

11 subsection shall be prorated in the case of a partici12 pant who is authorized to serve a reduced term of

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

14 ‘‘(b) COVERAGE OF CERTAIN EMPLOYMENT-RELATED

15 TAXES.—To the extent a national service program that re16 ceives assistance under section 121 is subject, with respect

17 to the participants in the program, to the taxes imposed

18 on an employer under sections 3111 and 3301 of the Inter19 nal Revenue Code of 1986 (26 U.S.C. 3111, 3301) and taxes

20 imposed on an employer under a workmen’s compensation

21 act, the assistance provided to the program under section

22 121 shall include an amount sufficient to cover 85 percent

23 of such taxes based upon the lesser of—

24 ‘‘(1) the total average annual subsistence allow25 ance provided to VISTA volunteers under section 105
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1 of the Domestic Volunteer Service Act of 1973 (42

2 U.S.C. 4955); and

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

4 the program.

5 ‘‘(c) EXCEPTION FROM MAXIMUM LIVING ALLOWANCE

6 FOR CERTAIN ASSISTANCE.—A professional corps program

7 described in section 122(a)(8) that desires to provide a liv8 ing allowance in excess of the maximum allowance author9 ized in subsection (a)(3) may still apply for such assistance,

10 except that—

11 ‘‘(1) any assistance provided to the applicant

12 under section 121 may not be used to pay for any

13 portion of the allowance;

14 ‘‘(2) the applicant shall apply for such assistance

15 only by submitting an application to the Corporation

16 for assistance on a competitive basis; and

17 ‘‘(3) the national service program shall be oper18 ated directly by the applicant and shall meet urgent,

19 unmet human, educational, environmental, or public

20 safety needs, as determined by the Corporation.

21 ‘‘(d) HEALTH INSURANCE.—

22 ‘‘(1) IN GENERAL.—A State or other recipient of

23 assistance under section 121 shall provide a basic

24 health care policy for each full-time participant in a

25 national service program carried out or supported
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1 using the assistance if the participant is not other2 wise covered by a health care policy. Not more than

3 85 percent of the cost of a premium shall be provided

4 by the Corporation, with the remaining cost paid by

5 the entity receiving assistance under section 121. The

6 Corporation shall establish minimum standards that

7 all plans shall meet in order to qualify for payment

8 under this part, any circumstances in which an alter9 native health care policy may be substituted for the

10 basic health care policy, and mechanisms to prohibit

11 participants from dropping existing coverage.

12 ‘‘(2) OPTION.—A State or other recipient of as13 sistance under section 121 may elect to provide from

14 the funds of the State or recipient a health care policy

15 for participants that does not meet all of the stand16 ards established by the Corporation if the fair market

17 value of such policy is equal to or greater than the

18 fair market value of a plan that meets the minimum

19 standards established by the Corporation, and is con20 sistent with other applicable laws.

21 ‘‘(e) CHILD CARE.—

22 ‘‘(1) AVAILABILITY.—A State or other recipient

23 of assistance under section 121 shall—

24 ‘‘(A) make child care available for children

25 of each full-time participant who needs child
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1 care in order to participate in a national service

2 program carried out or supported by the recipi3 ent using the assistance; or

4 ‘‘(B) provide a child care allowance to each

5 full-time participant in a national service pro6 gram who needs such assistance in order to par7 ticipate in the program.

8 ‘‘(2) GUIDELINES.—The Corporation shall estab9 lish guidelines regarding the circumstances under

10 which child care shall be made available under this

11 subsection and the value of any allowance to be pro12 vided.

13 ‘‘(f) WAIVER OF LIMITATION ON FEDERAL SHARE.—

14 The Corporation may waive in whole or in part the limita15 tion on the Federal share specified in this section with re16 spect to a particular national service program in any fiscal

17 year if the Corporation determines that such a waiver

18 would be equitable due to a lack of available financial re19 sources at the local level.

20 ‘‘(g) LIMITATION ON NUMBER OF TERMS OF SERVICE

21 FOR FEDERALLY SUBSIDIZED LIVING ALLOWANCE.—No

22 national service program may use assistance provided

23 under section 121, or any other Federal funds, to provide

24 a living allowance under subsection (a), a health care policy

25 under subsection (d), or child care or a child care allowance
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1 under subsection (e), to an individual for a third, or subse2 quent, term of service described in section 139(b) by the in3 dividual in a national service program carried out under

4 this subtitle.

5 ‘‘SEC. 141. NATIONAL SERVICE EDUCATIONAL AWARDS.

6 ‘‘(a) ELIGIBILITY GENERALLY.—A participant in a

7 national service program carried out using assistance pro8 vided to an applicant under section 121 shall be eligible

9 for the national service educational award described in sub10 title D if the participant—

11 ‘‘(1) serves in an approved national service posi12 tion; and

13 ‘‘(2) satisfies the eligibility requirements speci14 fied in section 146 with respect to service in that ap15 proved national service position.

16 ‘‘(b) SPECIAL RULE FOR VISTA VOLUNTEERS.—A

17 VISTA volunteer who serves in an approved national serv18 ice position shall be ineligible for a national service edu19 cational award if the VISTA volunteer accepts the stipend

20 authorized under section 105(a)(1) of the Domestic Volun21 teer Service Act of 1973 (42 U.S.C. 4955(a)(1).’’.

22 (b) TABLE OF CONTENTS.—Section 1(b) of the Na23 tional and Community Service Act of 1990 (Public Law

24 101–610; 104 Stat. 3127) is amended by striking the items
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1 relating to subtitle C of title I of such Act and inserting

2 the following new items:

‘‘Subtitle C—National Service Trust Program

‘‘PART I—INVESTMENT IN NATIONAL SERVICE

‘‘Sec. 121. Authority to provide assistance and approved national service positions.

‘‘Sec. 122. Types of national service programs eligible for program assistance.

‘‘Sec. 123. Types of national service positions eligible for approval for national

service educational awards.

‘‘Sec. 124. Types of program assistance.

‘‘Sec. 125. Training and technical assistance.

‘‘Sec. 126. Other special assistance.

‘‘PART II—APPLICATION AND APPROVAL PROCESS

‘‘Sec. 129. Provision of assistance and approved national service positions by

competitive and other means.

‘‘Sec. 130. Application for assistance and approved national service positions.

‘‘Sec. 131. National service program assistance requirements.

‘‘Sec. 132. Ineligible service categories.

‘‘Sec. 133. Consideration of applications.

‘‘PART III—NATIONAL SERVICE PARTICIPANTS

‘‘Sec. 137. Description of participants.

‘‘Sec. 138. Selection of national service participants.

‘‘Sec. 139. Terms of service.

‘‘Sec. 140. Living allowances for national service participants.

‘‘Sec. 141. National service educational awards.’’.

3 SEC. 102. NATIONAL SERVICE TRUST AND PROVISION OF

4 NATIONAL SERVICE EDUCATIONAL AWARDS.

5 (a) ESTABLISHMENT OF TRUST; PROVISION OF

6 AWARDS.—Subtitle D of title I of the National and Commu7 nity Service Act of 1990 (42 U.S.C. 12571 et seq.) is amend8 ed to read as follows:
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1 ‘‘Subtitle D—National Service Trust

2 and Provision of National Serv3 ice Educational Awards

4 ‘‘SEC. 145. ESTABLISHMENT OF THE NATIONAL SERVICE

5 TRUST.

6 ‘‘(a) ESTABLISHMENT.—There is established in the

7 Treasury of the United States an account to be known as

8 the National Service Trust. The Trust shall consist of—

9 ‘‘(1) from the amounts appropriated to the Cor10 poration and made available to carry out this subtitle

11 pursuant to section 501(a)(2), such amounts as the

12 Corporation may designate to be available for the

13 payment of—

14 ‘‘(A) national service educational awards;

15 and

16 ‘‘(B) interest expenses pursuant to sub17 section 148(e);

18 ‘‘(2) any amounts received by the Corporation as

19 gifts, bequests, devise, or otherwise pursuant to section

20 196(a)(2); and

21 ‘‘(3) the interest on, and proceeds from the sale

22 or redemption of, any obligations held by the Trust.

23 ‘‘(b) INVESTMENT OF TRUST.—It shall be the duty of

24 the Secretary of the Treasury to invest in full the amounts

25 appropriated to the Trust. Except as otherwise expressly
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1 provided in instruments concerning a gift, bequest, devise,

2 or other donation and agreed to by the Corporation, such

3 investments may be made only in interest-bearing obliga4 tions of the United States or in obligations guaranteed as

5 to both principal and interest by the United States. For

6 such purpose, such obligations may be acquired (1) on origi7 nal issue at the issue price, or (2) by purchase of outstand8 ing obligations at the marketplace. Any obligation acquired

9 by the Trust may be sold by the Secretary at the market

10 price.

11 ‘‘(c) EXPENDITURES FROM TRUST.—Amounts in the

12 Trust shall be available, to the extent provided for in ad13 vance by appropriation, for payments of national service

14 educational awards in accordance with section 148.

15 ‘‘(d) REPORTS TO CONGRESS ON RECEIPTS AND EX16 PENDITURES.—The Corporation shall submit an annual re17 port to the Congress on the financial status of the Trust.

18 Such report shall—

19 ‘‘(1) specify the amount deposited to the Trust

20 from the most recent appropriation to the Corpora21 tion, the amount received by the Corporation as gifts

22 or bequest during the period covered by the report,

23 and any amounts obtained by the Trust pursuant to

24 subsection (a)(3);
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1 ‘‘(2) identify the number of individuals who are

2 currently performing service to qualify, or have quali3 fied, for national service educational awards;

4 ‘‘(3) identify the number of individuals whose

5 expectation to receive national service educational

6 awards during the period covered by the report—

7 ‘‘(A) has been reduced pursuant to section

8 147(b); or

9 ‘‘(B) has lapsed pursuant to section 146(d);

10 and

11 ‘‘(4) estimate the number of additional approved

12 national service positions which the Corporation will

13 be able to make available under subtitle C on the

14 basis of any accumulated surplus in the Trust above

15 the amount required to provide national service edu16 cational awards to individuals identified under para17 graph (2), including any amounts available as a re18 sult of the circumstances referred to in paragraph (3).

19 ‘‘SEC. 146. INDIVIDUALS ELIGIBLE TO RECEIVE A NATIONAL

20 SERVICE EDUCATIONAL AWARD FROM THE

21 TRUST.

22 ‘‘(a) ELIGIBLE INDIVIDUALS.—An individual shall be

23 eligible to receive a national service educational award from

24 the National Service Trust if the individual—
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1 ‘‘(1) successfully completes the required term of

2 service described in subsection (b) in an approved na3 tional service position;

4 ‘‘(2) was 17 years of age or older at the time the

5 individual began serving in the approved national

6 service position or was an out-of-school youth serving

7 in an approved national service position with a youth

8 corps program described in section 122(a)(2) or a

9 program described in section 122(a)(9);

10 ‘‘(3) at the time the individual uses the national

11 service educational award—

12 ‘‘(A) has received a high school diploma, or

13 the equivalent of such diploma;

14 ‘‘(B)(i) is enrolled at an institution of high15 er education on the basis of meeting the standard

16 described in paragraph (1) or (2) of section

17 484(d) of the Higher Education Act of 1965 (20

18 U.S.C. 1091(d)); and

19 ‘‘(ii) meets the requirements of section

20 484(a) of such Act; or

21 ‘‘(C) has received a waiver described in sec22 tion 137(c); and

23 ‘‘(4) is a citizen of the United States or lawfully

24 admitted for permanent residence.
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1 ‘‘(b) TERM OF SERVICE.—The term of service for an

2 approved national service position shall not be less than

3 the full- or part-time term of service specified in section

4 139(b).

5 ‘‘(c) LIMITATION ON NUMBER OF TERMS OF SERVICE

6 FOR AWARDS.—Although an individual may serve more

7 than 2 terms of service described in subsection (b) in an

8 approved national service position, the individual shall re9 ceive a national service educational award from the Na10 tional Service Trust only on the basis of the first and second

11 of such terms of service.

12 ‘‘(d) TIME FOR USE OF EDUCATIONAL AWARD.—

13 ‘‘(1) FIVE-YEAR REQUIREMENT.—An individual

14 eligible to receive a national service educational

15 award under this section may not use such award

16 after the end of the 5-year period beginning on the

17 date the individual completes the term of service in

18 an approved national service position that is the

19 basis of the award.

20 ‘‘(2) EXCEPTION.—The Corporation may extend

21 the period within which an individual may use a na22 tional service educational award if the Corporation

23 determines that the individual—
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1 ‘‘(A) was unavoidably prevented from using

2 the national service educational award during

3 the original 5-year period; or

4 ‘‘(B) performed another term of service in

5 an approved national service position during

6 that period.

7 ‘‘SEC. 147. DETERMINATION OF THE AMOUNT OF THE NA8 TIONAL SERVICE EDUCATIONAL AWARD.

9 ‘‘(a) AMOUNTS GENERALLY.—Except as provided in

10 subsection (b), an individual described in section 146(a)

11 who successfully completes a required term of service in an

12 approved national service position shall receive a national

13 service education award having a value, for each of not

14 more than 2 of such term of service, equal to 90 percent

15 of—

16 ‘‘(1) one-half of the aggregate minimum basic

17 educational assistance allowance calculated under sec18 tions 3013(d)(1) and 3015(b)(1) of title 38, United

19 States Code (as in effect on July 28, 1993), for a

20 member of the Armed Forces who is entitled to such

21 an allowance under section 3011 of such title and

22 whose initial obligation period of active duty is two

23 years; less
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1 ‘‘(2) one-half of the aggregate basic contribution

2 required to be made by the member under section

3 3011(b) of such title (as in effect on July 28, 1993).

4 ‘‘(b) AWARD FOR PARTIAL COMPLETION OF SERV5 ICE.—If an individual serving in an approved national

6 service position is released in accordance with section

7 139(c)(1)(A) from completing the term of service agreed to

8 by the individual, the Corporation may provide the individ9 ual with that portion of the national service educational

10 award approved for the individual that corresponds to the

11 quantity of the term of service actually completed by the

12 individual.

13 ‘‘SEC. 148. DISBURSEMENT OF NATIONAL SERVICE EDU14 CATIONAL AWARDS.

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

16 available—

17 ‘‘(1) to repay student loans in accordance with

18 subsection (b);

19 ‘‘(2) to pay all or part of the cost of attendance

20 at an institution of higher education in accordance

21 with subsection (c);

22 ‘‘(3) to pay expenses incurred in participating

23 in an approved school-to-work program in accordance

24 with subsection (d); and
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1 ‘‘(4) to pay interest expenses in accordance with

2 regulations prescribed pursuant to subsection (e).

3 ‘‘(b) USE OF EDUCATIONAL AWARD TO REPAY OUT4 STANDING STUDENT LOANS.—

5 ‘‘(1) APPLICATION BY ELIGIBLE INDIVIDUALS.—

6 An eligible individual under section 146 who desires

7 to apply the national service educational award of the

8 individual to the repayment of qualified student loans

9 shall submit, in a manner prescribed by the Corpora10 tion, an application to the Corporation that—

11 ‘‘(A) identifies, or permits the Corporation

12 to identify readily, the holder or holders of such

13 loans;

14 ‘‘(B) indicates, or permits the Corporation

15 to determine readily, the amounts of principal

16 and interest outstanding on the loans;

17 ‘‘(C) specifies the qualified student loan to

18 which the individual desires to apply the na19 tional service educational award, in any case in

20 which the total of the amounts described in sub21 paragraph (B) is greater than the amount of the

22 national service educational award to which the

23 individual is entitled; and
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1 ‘‘(D) contains or is accompanied by such

2 other information as the Corporation may re3 quire.

4 ‘‘(2) DISBURSEMENT OF REPAYMENTS.—Upon

5 receipt of an application from an eligible individual

6 of an application that complies with paragraph (1),

7 the Corporation shall, as promptly as practicable con8 sistent with paragraph (5), disburse the amount of

9 the national service educational award that the par10 ticipant has earned. Such disbursement shall be made

11 by check or other means that is payable to the holder

12 of the loan and requires the endorsement or other cer13 tification by the eligible individual.

14 ‘‘(3) APPLICATION OF DISBURSED AMOUNTS.—If

15 the amount disbursed under paragraph (2) is less

16 than the principal and accrued interest on any quali17 fied student loan, such amount shall first be applied

18 to the repayment of principal. In a case described in

19 paragraph (1)(C), such amount shall be applied to

20 the loan described in paragraph (1)(C).

21 ‘‘(4) REPORTS BY HOLDERS.—Any holder receiv22 ing a loan payment pursuant to this subsection shall

23 submit to the Corporation such information as the

24 Corporation may require to verify that such payment

25 was applied in accordance with this subsection and
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1 any regulations prescribed to carry out this sub2 section.

3 ‘‘(5) AUTHORITY TO AGGREGATE PAYMENTS.—

4 The Corporation may, by regulation, provide for the

5 aggregation of payments to holders under this sub6 section.

7 ‘‘(6) NOTIFICATION.—On disbursing a national

8 service educational award to which an individual is

9 entitled under paragraph (2) and applying the award

10 to a loan, the Corporation shall notify the individual

11 of the amount disbursed for each such loan and the

12 date of the disbursal.

13 ‘‘(7) DEFINITIONS.—As used in this subsection:

14 ‘‘(A) QUALIFIED STUDENT LOAN.—The term

15 ‘qualified student loan’ means—

16 ‘‘(i) any loan made, insured, or guar17 anteed pursuant to title IV of the Higher

18 Education Act of 1965 (20 U.S.C. 1070 et

19 seq.), other than a loan to a parent of a stu20 dent pursuant to section 428B of such Act

21 (20 U.S.C. 1078–2); and

22 ‘‘(ii) any loan made pursuant to title

23 VII or VIII of the Public Health Service Act

24 (42 U.S.C. 292a et seq.).
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1 ‘‘(B) HOLDER.—The term ‘holder’ with re2 spect to any eligible loan means the original

3 lender or, if the loan is subsequently sold, trans4 ferred, or assigned to some other person, and

5 such other person acquires a legally enforceable

6 right to receive payments from the borrower,

7 such other person.

8 ‘‘(c) USE OF EDUCATIONAL AWARDS TO PAY CURRENT

9 EDUCATIONAL EXPENSES.—

10 ‘‘(1) APPLICATION BY ELIGIBLE INDIVIDUAL.—

11 An eligible individual under section 146 who desires

12 to apply the national service educational award of the

13 individual to the payment of full-time or part-time

14 educational expenses, that have been incurred by the

15 individual prior to the service of the individual under

16 subtitle C, shall, on a form prescribed by the Corpora17 tion, submit an application to the institution of high18 er education in which the student will be enrolled that

19 contains such information as the Corporation may re20 quire to verify the individual’s eligibility.

21 ‘‘(2) SUBMISSION OF REQUESTS FOR PAYMENT

22 BY INSTITUTIONS.—An institution of higher education

23 that receives one or more applications that comply

24 with paragraph (1) shall submit to the Corporation
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1 a statement, in a manner prescribed by the Corpora2 tion, that—

3 ‘‘(A) identifies each eligible individual fil4 ing an application under paragraph (1) for a

5 disbursement of the individual’s national service

6 educational award under this subsection;

7 ‘‘(B) specifies the amounts for which such

8 eligible individuals are, consistent with para9 graph (6), qualified for disbursement under this

10 subsection;

11 ‘‘(C) certifies that—

12 ‘‘(i) the institution of higher education

13 has in effect a program participation agree14 ment under section 487 of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1094);

16 ‘‘(ii) the institution’s eligibility to par17 ticipate in any of the programs under title

18 IV of such Act (20 U.S.C. 1070 et seq.) has

19 not been limited, suspended, or terminated;

20 and

21 ‘‘(iii) individuals using national serv22 ice educational awards received under this

23 subtitle to pay for educational costs do not

24 comprise more than 15 percent of the total

25 student population of the institution; and
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1 ‘‘(D) contains such provisions concerning

2 financial compliance as the Corporation may

3 require.

4 ‘‘(3) DISBURSEMENT OF PAYMENTS.—Upon re5 ceipt of a statement from an institution of higher

6 education that complies with paragraph (2), the Cor7 poration shall, subject to paragraph (4), disburse the

8 total amount of the national service educational

9 awards for which eligible individuals who have sub10 mitted applications to that institution under para11 graph (1) are scheduled to receive. Such disbursement

12 shall be made by check or other means that is payable

13 to the institution and requires the endorsement or

14 other certification by the eligible individual.

15 ‘‘(4) MULTIPLE DISBURSEMENTS REQUIRED.—

16 The total amount required to be disbursed to an insti17 tution of higher education under paragraph (3) for

18 any period of enrollment shall be disbursed by the

19 Corporation in 2 or more installments, none of which

exceeds 1 20 ⁄2 of such total amount. The interval between

21 the first and second such installment shall not be less

than 1 22 ⁄2 of such period of enrollment, except as nec23 essary to permit the second installment to be paid at

24 the beginning of the second semester, quarter, or simi25 lar division of such period of enrollment.
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1 ‘‘(5) REFUND RULES.—The Corporation shall, by

2 regulation, provide for the refund to the Corporation

3 (and the crediting to the national service educational

4 award of an eligible individual) of amounts disbursed

5 to institutions for the benefit of eligible individuals

6 who withdraw or otherwise fail to complete the period

7 of enrollment for which the assistance was provided.

8 Such regulations shall be consistent with the fair and

9 equitable refund policies required of institutions pur10 suant to section 484B of the Higher Education Act of

11 1965 (20 U.S.C. 1091b). Amounts refunded to the

12 Trust pursuant to this paragraph may be used by the

13 Corporation to fund additional approved national

14 service positions under subtitle C.

15 ‘‘(6) MAXIMUM AWARD.—The portion of an eligi16 ble individual’s total available national service edu17 cational award that may be disbursed under this sub18 section for any period of enrollment shall not exceed

19 the difference between—

20 ‘‘(A) the eligible individual’s cost of attend21 ance for such period of enrollment, determined in

22 accordance with section 472 of the Higher Edu23 cation Act of 1965 (20 U.S.C. 1087ll); and

24 ‘‘(B) the sum of—
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1 ‘‘(i) the student’s estimated financial

2 assistance for such period under part A of

3 title IV of such Act (20 U.S.C. 1070 et seq.);

4 and

5 ‘‘(ii) the student’s veterans’ education

6 benefits, determined in accordance with sec7 tion 480(c) of such Act (20 U.S.C.

8 1087vv(c)).

9 ‘‘(d) USE OF EDUCATIONAL AWARD TO PARTICIPATE

10 IN APPROVED SCHOOL-TO-WORK PROGRAMS.—The Cor11 poration shall by regulation provide for the payment of na12 tional service educational awards to permit eligible individ13 uals to participate in school-to-work programs approved by

14 the Secretaries of Labor and Education.

15 ‘‘(e) INTEREST PAYMENTS DURING FORBEARANCE ON

16 LOAN REPAYMENT.—The Corporation may provide by reg17 ulation for the payment on behalf of an eligible individual

18 of interest that accrues during a period for which such indi19 vidual has obtained forbearance in the repayment of a

20 qualified student loan (as defined in subsection (b)(7)), if

21 the eligible individual successfully completes the required

22 term of service (as determined under section 146(b)) of the

23 individual. Such regulations shall be prescribed after con24 sultation with the Secretary of Education.

25 ‘‘(f) EXCEPTION.—
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1 ‘‘(1) OPTION.—With the approval of the Presi2 dent, a national service program that receives assist3 ance under section 121 may offer to each participant

4 in the program the option of—

5 ‘‘(A) waiving the right of the participant to

6 receive a national service educational award;

7 and

8 ‘‘(B) receiving an alternative post-service

9 benefit.

10 ‘‘(2) SOURCES OF FUNDING.—In providing for

11 the alternative post-service benefit, the program may

12 not use funds made available under this Act or any

13 other Federal law.

14 ‘‘(g) DEFINITION OF INSTITUTION OF HIGHER EDU15 CATION.—Notwithstanding section 101 of this Act, for pur16 poses of this section the term ‘institution of higher edu17 cation’ has the meaning provided by section 481(a) of the

18 Higher Education Act of 1965 (20 U.S.C. 1088(a)).’’.

19 (b) TABLE OF CONTENTS.—Section 1(b) of the Na20 tional and Community Service Act of 1990 (Public Law

21 101–610; 104 Stat. 3127) is amended by striking the items

22 relating to subtitle D of title I of such Act and inserting

23 the following new items:

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

Educational Awards

‘‘Sec. 145. Establishment of the National Service Trust.
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‘‘Sec. 146. Individuals eligible to receive a national service educational award

from the Trust.

‘‘Sec. 147. Determination of the amount of the national service educational

award.

‘‘Sec. 148. Disbursement of national service educational awards.’’.

1 (c) CONFORMING AMENDMENTS.—

2 (1) ELIGIBILITY FOR SUBSIDIZED STAFFORD

3 LOANS.—Section 428(a)(2)(C)(i) of the Higher Edu4 cation Act of 1965 (20 U.S.C. 1078(a)(2)(C)(i)) is

5 amended by inserting ‘‘any national service edu6 cational award such student will receive under sub7 title D of title I of the National and Community

8 Service Act of 1990 (42 U.S.C. 12751 et seq.),’’ after

9 ‘‘parts C and E of this title,’’.

10 (2) FORBEARANCE IN THE COLLECTION OF STAF11 FORD LOANS.—Section 428 of the Higher Education

12 Act of 1965 is amended—

13 (A) in subsection (b)(1)—

14 (i) by redesignating subparagraphs

15 (W), (X), and (Y) as subparagraphs (X),

16 (Y), and (Z), respectively; and

17 (ii) by inserting after subparagraph

18 (V) the following new subparagraph:

19 ‘‘(W)(i) provides that, upon written request,

20 a lender shall grant a borrower forbearance on

21 such terms as are otherwise consistent with the

22 regulations of the Secretary, during periods in

23 which the borrower is serving in a national serv-
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1 ice position, for which the borrower receives a

2 national service educational award under the

3 National and Community Service Trust Act of

4 1993;

5 ‘‘(ii) provides that clauses (iii) and (iv) of

6 subparagraph (V) shall also apply to a forbear7 ance granted under this subparagraph; and

8 ‘‘(iii) provides that interest shall continue

9 to accrue on a loan for which a borrower receives

10 forbearance under this subparagraph and shall

11 be capitalized or paid by the borrower;’’; and

12 (B) in subsection (c)(3)(A), by striking

13 ‘‘subsection (b)(1)(V)’’ and inserting ‘‘subpara14 graphs (V) and (W) of subsection (b)(1)’’.

15 (3) ELIGIBILITY FOR STAFFORD LOAN FORGIVE16 NESS.—Section 428J of the Higher Education Act of

17 1965 (20 U.S.C. 1078–10) is amended—

18 (A) in subsection (b)(1), is amended by

19 striking ‘‘October 1, 1992’’ and inserting ‘‘Octo20 ber 1, 1989’’; and

21 (B) in subsection (c), by adding at the end

22 the following new paragraph:

23 ‘‘(5) INELIGIBILITY OF NATIONAL SERVICE EDU24 CATIONAL AWARD RECIPIENTS.—No student borrower

25 may, for the same volunteer service, receive a benefit
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1 under both this section and subtitle D of title I of the

2 National and Community Service Act of 1990 (42

3 U.S.C. 12751 et seq.).’’.

4 (4) ELIGIBILITY FOR PERKINS LOAN FORGIVE5 NESS.—Section 465(a) of the Higher Education Act

6 of 1965 (20 U.S.C. 1087ee(a)) is amended by adding

7 at the end the following new paragraph:

8 ‘‘(6) No borrower may, for the same volunteer service,

9 receive a benefit under both this section and subtitle D of

10 title I of the National and Community Service Act of 1990

11 (42 U.S.C. 12751 et seq.).’’.

12 (5) IMPACT ON GENERAL NEEDS ANALYSIS.—Sec13 tion 480(j) of such Act (20 U.S.C. 1087vv(j)) is

14 amended by adding at the end the following new

15 paragraph:

16 ‘‘(3) Notwithstanding paragraph (1), any national

17 service educational award such student will receive under

18 subtitle D of title I of the National and Community Service

19 Act of 1990 (42 U.S.C. 12751 et seq.) shall not be taken

20 into account in determining estimated financial assistance

21 not received under this title.’’.

22 SEC. 103. SCHOOL-BASED AND COMMUNITY-BASED SERV23 ICE-LEARNING PROGRAMS.

24 (a) AMENDMENTS TO SERVE-AMERICA PROGRAMS.—
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1 (1) PURPOSE.—The purpose of this subsection is

2 to improve the Serve-America programs established

3 under part I of subtitle B of the National and Com4 munity Service Act of 1990, and to enable the Cor5 poration for National and Community Service, and

6 the entities receiving financial assistance under such

7 part, to—

8 (A) work with teachers in elementary

9 schools and secondary schools within a commu10 nity, and with community-based agencies, to cre11 ate and offer service-learning opportunities for

12 all school-age youth;

13 (B) educate teachers, and faculty providing

14 teacher training and retraining, about service15 learning, and incorporate service-learning oppor16 tunities into classroom teaching to strengthen

17 academic learning;

18 (C) coordinate the work of adult volunteers

19 who work with elementary and secondary schools

20 as part of their community service activities;

21 and

22 (D) work with employers in the commu23 nities to ensure that projects introduce the stu24 dents to various careers and expose the students

25 to needed further education and training.
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1 (2) PROGRAMS.—Subtitle B of title I of the Na2 tional and Community Service Act of 1990 (42

3 U.S.C. 12501 et seq.) is amended by striking the sub4 title heading and all that follows through the end of

5 part I and inserting the following:

6 ‘‘Subtitle B—School-Based and

7 Community-Based Service8 Learning Programs

9 ‘‘PART I—SERVE-AMERICA PROGRAMS

10 ‘‘Subpart A—School-Based Programs for Students

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

12 TRIBES.

13 ‘‘(a) USE OF FUNDS.—The Corporation, in consulta14 tion with the Secretary of Education, may make grants

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

16 (a) and (b)(2) of section 112, to States (through State edu17 cational agencies), and to Indian tribes, to pay for the Fed18 eral share of—

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

20 States or Indian tribes (which may be accomplished

21 through grants or contracts with qualified organiza22 tions) to implement school-based service-learning pro23 grams, including—

24 ‘‘(A) providing training for teachers, super25 visors, personnel from community-based agencies
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1 (particularly with regard to the utilization of

2 participants), and trainers, to be conducted by

3 qualified individuals or organizations that have

4 experience with service-learning;

5 ‘‘(B) developing service-learning curricula

6 to be integrated into academic programs, includ7 ing the age-appropriate learning component de8 scribed in section 114(d)(1)(B);

9 ‘‘(C) forming local partnerships described in

10 paragraph (2) or (4) to develop school-based

11 service-learning programs in accordance with

12 this subpart;

13 ‘‘(D) devising appropriate methods for re14 search and evaluation of the educational value of

15 service-learning and the effect of service-learning

16 activities on communities; and

17 ‘‘(E) establishing effective outreach and dis18 semination of information to ensure the broadest

19 possible involvement of community-based agen20 cies with demonstrated effectiveness in working

21 with school-age youth in their communities;

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

23 school-based service-learning programs, which may

24 include paying for the cost of the recruitment, train25 ing, supervision, placement, salaries, and benefits of
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1 service-learning coordinators, through State distribu2 tion of Federal funds made available under this sub3 part to projects operated by local partnerships

4 among—

5 ‘‘(A) local educational agencies; and

6 ‘‘(B) one or more community partners

7 that—

8 ‘‘(i) shall include a public or private

9 not-for-profit organization that—

10 ‘‘(I) has demonstrated expertise in

11 the provision of services to meet

12 human, educational, environmental, or

13 public safety needs;

14 ‘‘(II) was in existence 1 year be15 fore the date on which the organization

16 submitted an application under section

17 114; and

18 ‘‘(III) will make projects available

19 for participants, who shall be students;

20 and

21 ‘‘(ii) may include a private for-profit

22 business or private elementary or secondary

23 school;

24 ‘‘(3) planning of school-based service-learning

25 programs through State distribution of Federal funds
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1 made available under this subpart to local edu2 cational agencies, which planning may include pay3 ing for the cost of—

4 ‘‘(A) the salaries and benefits of service5 learning coordinators; or

6 ‘‘(B) the recruitment, training, supervision,

7 and placement of service-learning coordinators

8 who are participants in a program under sub9 title C or receive a national service educational

10 award under subtitle D,

11 who will identify the community partners described

12 in paragraph (2)(B) and assist in the design and im13 plementation of a program described in paragraph

14 (2); and

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

16 school-based service-learning programs involving

17 adult volunteers to utilize service-learning to improve

18 the education of students through State distribution of

19 Federal funds made available under this part to local

20 partnerships among—

21 ‘‘(A) local educational agencies; and

22 ‘‘(B) one or more—

23 ‘‘(i) public or private not-for-profit or24 ganizations;

25 ‘‘(ii) other educational agencies; or
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1 ‘‘(iii) private for-profit businesses,

2 that coordinate and operate projects for participants,

3 who shall be students.

4 ‘‘(b) RELATED EXPENSES.—A partnership, local edu5 cational agency, or other qualified organization that re6 ceives financial assistance under this subpart may, in car7 rying out the activities described in subsection (a), use such

8 assistance to pay for the Federal share of reasonable costs

9 related to the supervision of participants, program admin10 istration, transportation, insurance, evaluations, and for

11 other reasonable expenses related to the activities.

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

13 NONPARTICIPATING STATES.

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

15 an application under section 113, for an allotment under

16 subsection (a) or (b)(2) of section 112, that meets the re17 quirements of section 113 and such other requirements as

18 the President may determine to be appropriate, the Cor19 poration may use the allotment of that State to make direct

20 grants to pay for the Federal share of the cost of—

21 ‘‘(1) carrying out the activities described in

22 paragraph (2) or (4) of section 111(a), to a local

23 partnership described in such paragraph; or
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1 ‘‘(2) carrying out the activities described in

2 paragraph (3) of such section, to an agency described

3 in such paragraph,

4 that is located in the State.

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

6 NOT-FOR-PROFIT ORGANIZATIONS.

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

8 grant under section 112(b)(1) to a public or private not9 for-profit organization that—

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

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

12 which the organization submitted an application

13 under section 114(a); and

14 ‘‘(3) meets such other criteria as the President

15 may establish.

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

17 a grant made under subsection (a) to make grants to part18 nerships described in paragraph (2) or (4) of section 111(a)

19 to implement, operate, or expand school-based service-learn20 ing programs as described in such section and provide tech21 nical assistance and training to appropriate persons.

22 ‘‘SEC. 112. GRANTS AND ALLOTMENTS.

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

24 amounts appropriated to carry out this subpart for any fis25 cal year, the Corporation shall reserve an amount of not
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1 more than 3 percent for payments to Indian tribes, the Vir2 gin Islands, Guam, American Samoa, and the Common3 wealth of the Northern Mariana Islands, to be allotted in

4 accordance with their respective needs. The Corporation

5 may also make payments from such amount to Palau, in

6 accordance with its needs, until such time as the Compact

7 of Free Association with Palau is ratified.

8 ‘‘(b) GRANTS AND ALLOTMENTS THROUGH STATES.—

9 The Corporation shall use the remainder of the funds appro10 priated to carry out this subpart for any fiscal year as

11 follows:

12 ‘‘(1) GRANTS.—Except as provided in paragraph

13 (3), from 25 percent of such funds, the Corporation

14 may make grants, on a competitive basis, to—

15 ‘‘(A) States and Indian tribes; or

16 ‘‘(B) as described in section 111B, to

17 grantmaking entities.

18 ‘‘(2) ALLOTMENTS.—

19 ‘‘(A) SCHOOL-AGE YOUTH.—Except as pro20 vided in paragraph (3), from 37.5 percent of

21 such funds, the Corporation shall allot to each

22 State an amount that bears the same ratio to

23 37.5 percent of such funds as the number of

24 school-age youth in the State bears to the total

25 number of school-age youth of all States.
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1 ‘‘(B) ALLOCATION UNDER ELEMENTARY AND

2 SECONDARY EDUCATION ACT OF 1965.—Except as

3 provided in paragraph (3), from 37.5 percent of

4 such funds, the Corporation shall allot to each

5 State an amount that bears the same ratio to

6 37.5 percent of such funds as the allocation to

7 the State for the previous fiscal year under chap8 ter 1 of title I of the Elementary and Secondary

9 Education Act of 1965 (20 U.S.C. 2711 et seq.)

10 bears to such allocations to all States.

11 ‘‘(3) MINIMUM AMOUNT.—No State shall receive,

12 under paragraph (2), an allotment that is less than

13 the allotment such State received for fiscal year 1993

14 under section 112(b) of this Act, as in effect on the

15 day before the date of enactment of this part. If the

16 amount of funds made available in a fiscal year to

17 carry out paragraph (2) is insufficient to make such

18 allotments, the Corporation shall make available sums

19 from the 25 percent described in paragraph (1) for

20 such fiscal year to make such allotments.

21 ‘‘(4) DEFINITION.—Notwithstanding section

22 101(27), for purposes of this subsection, the term

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

24 of Columbia, the Commonwealth of Puerto Rico, and

25 an Indian tribe.
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1 ‘‘(c) REALLOTMENT.—If the Corporation determines

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

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

4 State or Indian tribe does not submit an application for

5 the allotment under section 113 that meets the requirements

6 of such section and such other requirements as the President

7 may determine to be appropriate, the Corporation shall,

8 after making any grants under section 111A to a partner9 ship or agency described in such section, make any remain10 der of such allotment available for reallotment to such other

11 States, and Indian tribes, with approved applications sub12 mitted under section 113, as the Corporation may deter13 mine to be appropriate.

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

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

16 fiscal year to carry out this subpart, the Corporation shall

17 award grants to States and Indian tribes, from the amount

18 so appropriated, on a competitive basis to pay for the Fed19 eral share of the activities described in section 111.

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

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

22 under section 112(b)(1), an allotment under subsection (a)

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

24 or a grant under section 112(d), a State, acting through

25 the State educational agency, or an Indian tribe, shall pre-
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1 pare, submit to the Corporation, and obtain approval of,

2 an application at such time and in such manner as the

3 President may reasonably require.

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

5 under subsection (a) with respect to service-learning pro6 grams described in section 111 shall include—

7 ‘‘(1) a 3-year strategic plan, or a revision of a

8 previously approved 3-year strategic plan, for pro9 moting service-learning through the programs, which

10 plan shall contain such information as the President

11 may reasonably require, including information dem12 onstrating that the programs will be carried out in a

13 manner consistent with the approved strategic plan;

14 ‘‘(2) assurances that—

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

16 and provide such information to the Corporation

17 with respect to the programs as may be required

18 for fiscal audits and program evaluation; and

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

20 nonduplication and nondisplacement require21 ments of section 177 and the grievance procedure

22 requirements of section 176(f); and

23 ‘‘(3) such additional information as the Presi24 dent may reasonably require.
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1 ‘‘SEC. 114. LOCAL APPLICATIONS.

2 ‘‘(a) APPLICATION TO CORPORATION TO MAKE GRANTS

3 FOR SCHOOL-BASED SERVICE-LEARNING PROGRAMS.—

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

5 grant in accordance with section 111B(a) to make

6 grants relating to school-based service-learning pro7 grams described in section 111(a)(2), a grantmaking

8 entity shall prepare, submit to the Corporation, and

9 obtain approval of, an application.

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

11 submitted at such time and in such manner, and

12 shall contain such information, as the President may

13 reasonably require.

14 ‘‘(b) DIRECT APPLICATION TO CORPORATION TO

15 CARRY OUT SCHOOL-BASED SERVICE-LEARNING PRO16 GRAMS IN NONPARTICIPATING STATES.—To be eligible to

17 receive a grant from the Corporation in the circumstances

18 described in section 111A to carry out an activity described

19 in such section, a partnership or agency described in such

20 section shall prepare, submit to the Corporation, and obtain

21 approval of, an application. Such application shall be sub22 mitted at such time and in such manner, and shall contain

23 such information, as the President may reasonably require.

24 ‘‘(c) APPLICATION TO STATE OR INDIAN TRIBE TO RE25 CEIVE ASSISTANCE TO CARRY OUT SCHOOL-BASED SERV26 ICE-LEARNING PROGRAMS.—
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1 ‘‘(1) IN GENERAL.—Any—

2 ‘‘(A) qualified organization that desires to

3 receive financial assistance under this subpart

4 from a State or Indian tribe for an activity de5 scribed in section 111(a)(1);

6 ‘‘(B) partnership described in section

7 111(a)(2) that desires to receive such assistance

8 from a State, Indian tribe, or grantmaking en9 tity for an activity described in section

10 111(a)(2);

11 ‘‘(C) agency described in section 111(a)(3)

12 that desires to receive such assistance from a

13 State or Indian tribe for an activity described in

14 such section; or

15 ‘‘(D) partnership described in section

16 111(a)(4) that desires to receive such assistance

17 from a State or Indian tribe for an activity de18 scribed in such section,

19 to be carried out through a service-learning program

20 described in section 111, shall prepare, submit to the

21 State educational agency, Indian tribe, or

22 grantmaking entity, and obtain approval of, an ap23 plication for the program.

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

25 submitted at such time and in such manner, and
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1 shall contain such information, as the agency, tribe,

2 or entity may reasonably require.

3 ‘‘(d) REGULATIONS.—The Corporation shall by regula4 tion establish standards for the information and assurances

5 required to be contained in an application submitted under

6 subsection (a) or (b) with respect to a service-learning pro7 gram described in section 111, including, at a minimum—

8 ‘‘(1) assurances that—

9 ‘‘(A) prior to the placement of a partici10 pant, the entity carrying out the program will

11 consult with any local labor organization rep12 resenting employees in the area who are engaged

13 in the same or similar work as that proposed to

14 be carried out by such program, to prevent the

15 displacement and protect the rights of such em16 ployees;

17 ‘‘(B) the entity carrying out the program

18 will develop an age-appropriate learning compo19 nent for participants in the program that shall

20 include a chance for participants to analyze and

21 apply their service experiences; and

22 ‘‘(C) the entity carrying out the program

23 will comply with the nonduplication and

24 nondisplacement requirements of section 177 and
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1 the grievance procedure requirements of section

2 176(f); and

3 ‘‘(2) in the case of an application submitted by

4 a grantmaking entity, information demonstrating

5 that the entity will make grants for a program to—

6 ‘‘(A) carry out activities described in sec7 tion 111B(b) in two or more States, under cir8 cumstances in which the activities carried out

9 under such program can be carried out more effi10 ciently through one program than through two or

11 more programs; and

12 ‘‘(B) carry out the same activities, such as

13 training activities or activities related to ex14 changing information on service experiences,

15 through each of the projects assisted through the

16 program.

17 ‘‘(e) LIMITATION ON SAME PROJECT IN MULTIPLE AP18 PLICATIONS.—No applicant shall submit an application

19 under section 113 or this section, and the Corporation shall

20 reject an application that is submitted under section 113

21 or this section, if the application describes a project pro22 posed to be conducted using assistance requested by the ap23 plicant and the project is already described in another ap24 plication pending before the Corporation.
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1 ‘‘SEC. 115. CONSIDERATION OF APPLICATIONS.

2 ‘‘(a) CRITERIA FOR APPLICATIONS.—In approving ap3 plications for financial assistance under subsection (a), (b),

4 (c), or (d) of section 112, the Corporation shall consider

5 such criteria with respect to sustainability, replicability,

6 innovation, and quality of programs under this subpart as

7 the President may by regulation specify. In providing as8 sistance under this subpart, a State educational agency,

9 Indian tribe, or grantmaking entity shall consider such

10 criteria.

11 ‘‘(b) PRIORITY FOR LOCAL APPLICATIONS.—In provid12 ing assistance under this subpart, a State educational agen13 cy or Indian tribe, or the Corporation if section 111A or

14 111B applies, shall give priority to entities that submit ap15 plications under section 114 with respect to service-learning

16 programs described in section 111 that—

17 ‘‘(1) involve participants in the design and oper18 ation of the program;

19 ‘‘(2) are in the greatest need of assistance, such

20 as programs targeting low-income areas;

21 ‘‘(3) involve—

22 ‘‘(A) students from public elementary or

23 secondary schools, and students from private ele24 mentary or secondary schools, serving together;

25 or
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1 ‘‘(B) students of different ages, races, sexes,

2 ethnic groups, disabilities, or economic back3 grounds, serving together; or

4 ‘‘(4) are integrated into the academic program of

5 the participants.

6 ‘‘(c) REJECTION OF APPLICATIONS.—If the Corpora7 tion rejects an application submitted by a State under sec8 tion 113 for an allotment under subsection (b)(2) of section

9 112, the Corporation shall promptly notify the State of the

10 reasons for the rejection of the application. The Corporation

11 shall provide the State with a reasonable opportunity to

12 revise and resubmit the application and shall provide tech13 nical assistance, if needed, to the State as part of the resub14 mission process. The Corporation shall promptly reconsider

15 such resubmitted application.

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

17 FROM PRIVATE SCHOOLS.

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

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

20 school district of the local educational agency involved who

21 are enrolled in private not-for-profit elementary and sec22 ondary schools, such State, Indian tribe, or agency shall

23 (after consultation with appropriate private school rep24 resentatives) make provision—
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1 ‘‘(1) for the inclusion of services and arrange2 ments for the benefit of such students so as to allow

3 for the equitable participation of such students in the

4 programs implemented to carry out the objectives and

5 provide the benefits described in this subpart; and

6 ‘‘(2) for the training of the teachers of such stu7 dents so as to allow for the equitable participation of

8 such teachers in the programs implemented to carry

9 out the objectives and provide the benefits described in

10 this subpart.

11 ‘‘(b) WAIVER.—If a State, Indian tribe, or local edu12 cational agency is prohibited by law from providing for the

13 participation of students or teachers from private not-for14 profit schools as required by subsection (a), or if the Cor15 poration determines that a State, Indian tribe, or local edu16 cational agency substantially fails or is unwilling to pro17 vide for such participation on an equitable basis, the Presi18 dent shall waive such requirements and shall arrange for

19 the provision of services to such students and teachers. Such

20 waivers shall be subject to consultation, withholding, notice,

21 and judicial review requirements in accordance with para22 graphs (3) and (4) of section 1017(b) of the Elementary

23 and Secondary Education Act of 1965 (20 U.S.C. 2727(b)).

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

25 ‘‘(a) SHARE.—
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1 ‘‘(1) IN GENERAL.—The Federal share attrib2 utable to this subpart of the cost of carrying out a

3 program for which a grant or allotment is made

4 under this subpart may not exceed—

5 ‘‘(A) 90 percent of the total cost of the pro6 gram for the first year for which the program re7 ceives assistance under this subpart;

8 ‘‘(B) 80 percent of the total cost of the pro9 gram for the second year for which the program

10 receives assistance under this subpart;

11 ‘‘(C) 70 percent of the total cost of the pro12 gram for the third year for which the program

13 receives assistance under this subpart; and

14 ‘‘(D) 50 percent of the total cost of the pro15 gram for the fourth year, and for any subsequent

16 year, for which the program receives assistance

17 under this subpart.

18 ‘‘(2) CALCULATION.—In providing for the re19 maining share of the cost of carrying out such a pro20 gram, each recipient of assistance under this sub21 part—

22 ‘‘(A) shall provide for such share through a

23 payment in cash or in kind, fairly evaluated, in24 cluding facilities, equipment, or services; and
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1 ‘‘(B) may provide for such share through

2 State sources, local sources, or Federal sources

3 (other than funds made available under the na4 tional service laws).

5 ‘‘(b) WAIVER.—The President may waive the require6 ments of subsection (a) in whole or in part with respect

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

8 determines that such a waiver would be equitable due to

9 a lack of available financial resources at the local level.

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

11 ‘‘(a) ADMINISTRATIVE COSTS.—

12 ‘‘(1) LIMITATION.—Not more than 5 percent of

13 the amount of assistance provided to a State edu14 cational agency, Indian tribe, or grantmaking entity

15 that is the original recipient of a grant or allotment

16 under subsection (a), (b), (c), or (d) of section 112 for

17 a fiscal year may be used to pay for administrative

18 costs incurred by—

19 ‘‘(A) the original recipient; or

20 ‘‘(B) the entity carrying out the service21 learning programs supported with the assistance.

22 ‘‘(2) RULES ON USE.—The President may by

23 rule prescribe the manner and extent to which—

24 ‘‘(A) such assistance may be used to cover

25 administrative costs; and
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1 ‘‘(B) that portion of the assistance available

2 to cover administrative costs should be distrib3 uted between—

4 ‘‘(i) the original recipient; and

5 ‘‘(ii) the entity carrying out the serv6 ice-learning programs supported with the

7 assistance.

8 ‘‘(b) CAPACITY-BUILDING ACTIVITIES.—

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), not less than 10 percent and not more than

11 15 percent of the amount of assistance provided to a

12 State educational agency or Indian tribe that is the

13 original recipient of a grant or allotment under sub14 section (a), (b), (c), or (d) of section 112 for a fiscal

15 year may be used to build capacity through training,

16 technical assistance, curriculum development, and co17 ordination activities, described in section 111(a)(1).

18 ‘‘(2) WAIVER.—The President may waive the re19 quirements of paragraph (1) in order to permit an

20 agency or a tribe to use not less than 10 percent and

21 not more than 25 percent of such amount to build ca22 pacity as provided in paragraph (1). To be eligible to

23 receive such a waiver such an agency or tribe shall

24 submit an application to the President at such time,
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1 in such manner, and containing such information as

2 the President may require.

3 ‘‘(c) LOCAL USES OF FUNDS.—Funds made available

4 under this subpart may not be used to pay any stipend,

5 allowance, or other financial support to any student who

6 is a participant under this subtitle, except reimbursement

7 for transportation, meals, and other reasonable out-of-pock8 et expenses directly related to participation in a program

9 assisted under this subpart.

10 ‘‘SEC. 116B. DEFINITIONS.

11 ‘‘As used in this subpart:

12 ‘‘(1) GRANTMAKING ENTITY.—The term

13 ‘grantmaking entity’ means an organization described

14 in section 111B(a).

15 ‘‘(2) SCHOOL-BASED.—The term ‘school-based’

16 means based in an elementary school or a secondary

17 school.

18 ‘‘(3) STUDENT.—Notwithstanding section

19 101(30), the term ‘student’ means an individual who

20 is enrolled in an elementary or secondary school on

21 a full- or part-time basis.

22 ‘‘Subpart B—Community-Based Service Programs for

23 School-Age Youth

24 ‘‘SEC. 117. DEFINITIONS.

25 ‘‘As used in this subpart:
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1 ‘‘(1) COMMUNITY-BASED SERVICE PROGRAM.—

2 The term ‘community-based service program’ means a

3 program described in section 117A(b)(1)(A).

4 ‘‘(2) GRANTMAKING ENTITY.—The term

5 ‘grantmaking entity’ means a qualified organization

6 that—

7 ‘‘(A) submits an application under section

8 117C(a) to make grants to qualified organiza9 tions;

10 ‘‘(B) was in existence 1 year before the date

11 on which the organization submitted the applica12 tion;

13 ‘‘(C) has experience with service-learning;

14 and

15 ‘‘(D) meets such other criteria as the Presi16 dent shall establish.

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

18 ‘qualified organization’ means a public or private

19 not-for-profit organization with experience working

20 with school-age youth that meets such criteria as the

21 President may establish.

22 ‘‘SEC. 117A. GENERAL AUTHORITY.

23 ‘‘(a) GRANTS.—From the funds appropriated to carry

24 out this subpart for a fiscal year, the Corporation may

25 make grants to State Commissions, grantmaking entities,
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1 and qualified organizations to pay for the Federal share

2 of the implementation, operation, expansion, or replication

3 of community-based service programs.

4 ‘‘(b) USE OF FUNDS.—

5 ‘‘(1) STATE COMMISSIONS AND GRANTMAKING

6 ENTITIES.—A State Commission or grantmaking en7 tity may use a grant made under subsection (a)—

8 ‘‘(A) to make a grant to a qualified organi9 zation to implement, operate, expand, or rep10 licate a community-based service program that

11 provides for meaningful human, educational, en12 vironmental, or public safety service by partici13 pants, who shall be school-age youth; or

14 ‘‘(B) to provide training and technical as15 sistance to such an organization.

16 ‘‘(2) QUALIFIED ORGANIZATIONS.—A qualified

17 organization, other than a grantmaking entity, may

18 use a grant made under subsection (a) to implement,

19 operate, expand, or replicate a program described in

20 paragraph (1)(A).

21 ‘‘SEC. 117B. STATE APPLICATIONS.

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

23 under section 117A(a), a State Commission shall prepare,

24 submit to the Corporation, and obtain approval of, an

25 application.
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1 ‘‘(b) SUBMISSION.—Such application shall be submit2 ted to the Corporation at such time and in such manner,

3 and shall contain such information, as the President may

4 reasonably require.

5 ‘‘(c) CONTENTS.—Such an application shall include,

6 at a minimum, a State plan that contains the information

7 and assurance described in section 117C(d) with respect to

8 each community-based service program proposed to be car9 ried out through funding distributed by the State Commis10 sion under this subpart.

11 ‘‘SEC. 117C. LOCAL APPLICATIONS.

12 ‘‘(a) APPLICATION TO CORPORATION TO MAKE GRANTS

13 FOR COMMUNITY-BASED SERVICE PROGRAMS.—To be eligi14 ble to receive a grant from the Corporation under section

15 117A(a) to make grants under section 117A(b)(1), a

16 grantmaking entity shall prepare, submit to the Corpora17 tion, and obtain approval of, an application that proposes

18 a community-based service program to be carried out

19 through grants made to qualified organizations. Such ap20 plication shall be submitted at such time and in such man21 ner, and shall contain such information, as the President

22 may reasonably require.

23 ‘‘(b) DIRECT APPLICATION TO CORPORATION TO

24 CARRY OUT COMMUNITY-BASED SERVICE PROGRAMS.—To

25 be eligible to receive a grant from the Corporation under
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1 section 117A(a) to implement, operate, expand, or replicate

2 a community service program, a qualified organization

3 shall prepare, submit to the Corporation, and obtain ap4 proval of, an application that proposes a community-based

5 service program to be carried out at multiple sites, or that

6 proposes a model or an innovative community-based service

7 program. Such application shall be submitted at such time

8 and in such manner, and shall contain such information,

9 as the President may reasonably require.

10 ‘‘(c) APPLICATION TO STATE COMMISSION OR

11 GRANTMAKING ENTITY TO RECEIVE GRANTS TO CARRY

12 OUT COMMUNITY-BASED SERVICE PROGRAMS.—To be eli13 gible to receive a grant from a State Commission or

14 grantmaking entity under section 117A(b)(1), a qualified

15 organization shall prepare, submit to the Commission or

16 entity, and obtain approval of, an application. Such appli17 cation shall be submitted at such time and in such manner,

18 and shall contain such information, as the Commission or

19 entity may reasonably require.

20 ‘‘(d) REGULATIONS.—The Corporation shall by regula21 tion establish standards for the information and assurances

22 required to be contained in an application submitted under

23 subsection (a) or (b) with respect to a service-learning pro24 gram described in section 117, including, at a minimum—
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1 ‘‘(1) an assurance that the entity carrying out

2 the program proposed by the applicant will comply

3 with the nonduplication and nondisplacement provi4 sions of section 177 and the grievance procedure re5 quirements of section 176(f);

6 ‘‘(2) an assurance that the entity carrying out

7 the program will, prior to placing a participant in

8 the program, consult with any local labor organiza9 tion representing employees in the area in which the

10 program will be carried out that are engaged in the

11 same or similar work as the work proposed to be car12 ried out by the program, to prevent the displacement

13 of such employees; and

14 ‘‘(3) in the case of an application submitted by

15 a grantmaking entity, information demonstrating

16 that the entity will make grants for a program to—

17 ‘‘(A) carry out activities described in sec18 tion 117A(b)(1) in two or more States, under

19 circumstances in which the activities carried out

20 under such program can be carried out more effi21 ciently through one program than through two or

22 more programs; and

23 ‘‘(B) carry out the same activities, such as

24 training activities or activities related to ex25 changing information on service experiences,
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1 through each of the projects assisted through the

2 program.

3 ‘‘(e) LIMITATION ON SAME PROJECT IN MULTIPLE AP4 PLICATIONS.—No applicant shall submit an application

5 under section 117B or this section, and the Corporation

6 shall reject an application that is submitted under section

7 117B or this section, if the application describes a project

8 proposed to be conducted using assistance requested by the

9 applicant and the project is already described in another

10 application pending before the Corporation.

11 ‘‘SEC. 117D. CONSIDERATION OF APPLICATIONS.

12 ‘‘(a) APPLICATION OF CRITERIA.—The Corporation

13 shall apply the criteria described in subsection (b) in deter14 mining whether to approve an application submitted under

15 section 117B or under subsection (a) or (b) of section 117C

16 and to provide assistance under section 117A to the appli17 cant on the basis of the application.

18 ‘‘(b) ASSISTANCE CRITERIA.—In evaluating such an

19 application with respect to a program under this subpart,

20 the Corporation shall consider the criteria established for

21 national service programs under section 133(c).

22 ‘‘(c) APPLICATION TO SUBGRANTS.—A State Commis23 sion or grantmaking entity shall apply the criteria de24 scribed in subsection (b) in determining whether to approve

25 an application under section 117C(c) and to make a grant
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1 under section 117A(b)(1) to the applicant on the basis of

2 the application.

3 ‘‘SEC. 117E. FEDERAL, STATE, AND LOCAL CONTRIBUTIONS.

4 ‘‘(a) FEDERAL SHARE.—

5 ‘‘(1) IN GENERAL.—The Federal share attrib6 utable to this subpart of the cost of carrying out a

7 program for which a grant is made under this sub8 part may not exceed the percentage specified in sub9 paragraph (A), (B), (C), or (D) of section 116(a)(1),

10 as appropriate.

11 ‘‘(2) CALCULATION.—Each recipient of assist12 ance under this subpart shall comply with section

13 116(a)(2).

14 ‘‘(b) WAIVER.—The President may waive the require15 ments of subsection (a), in whole or in part, as provided

16 in section 116(b).

17 ‘‘SEC. 117F. LIMITATIONS ON USES OF FUNDS.

18 ‘‘(a) ADMINISTRATIVE COSTS.—Not more than 5 per19 cent of the amount of assistance provided to a State Com20 mission, grantmaking entity, or qualified organization that

21 is the original recipient of a grant under section 117A(a)

22 for a fiscal year may be used to pay for administrative

23 costs incurred by—

24 ‘‘(1) the original recipient; or
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1 ‘‘(2) the entity carrying out the community2 based service programs supported with the assistance.

3 ‘‘(b) RULES ON USE.—The President may by rule pre4 scribe the manner and extent to which—

5 ‘‘(1) such assistance may be used to cover admin6 istrative costs; and

7 ‘‘(2) that portion of the assistance available to

8 cover administrative costs should be distributed be9 tween—

10 ‘‘(A) the original recipient; and

11 ‘‘(B) the entity carrying out the commu12 nity-based service programs supported with the

13 assistance.

14 ‘‘Subpart C—Clearinghouse

15 ‘‘SEC. 118. SERVICE-LEARNING CLEARINGHOUSE.

16 ‘‘(a) IN GENERAL.—The Corporation shall provide fi17 nancial assistance, from funds appropriated to carry out

18 subtitle H, to agencies described in subsection (b) to estab19 lish a clearinghouse, which shall carry out activities, either

20 directly or by arrangement with another such entity, with

21 respect to information about service-learning.

22 ‘‘(b) PUBLIC AND PRIVATE NOT-FOR-PROFIT AGEN23 CIES.—Public and private not-for-profit agencies that have

24 extensive experience with service-learning, including use of
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1 adult volunteers to foster service-learning, shall be eligible

2 to receive assistance under subsection (a).

3 ‘‘(c) FUNCTION OF CLEARINGHOUSE.—An entity that

4 receives assistance under subsection (a) may—

5 ‘‘(1) assist entities carrying out State or local

6 service-learning programs with needs assessments and

7 planning;

8 ‘‘(2) conduct research and evaluations concern9 ing service-learning;

10 ‘‘(3)(A) provide leadership development and

11 training to State and local service-learning program

12 administrators, supervisors, service sponsors, and

13 participants; and

14 ‘‘(B) provide training to persons who can pro15 vide the leadership development and training de16 scribed in subparagraph (A);

17 ‘‘(4) facilitate communication among entities

18 carrying out service-learning programs and partici19 pants in such programs;

20 ‘‘(5) provide information, curriculum materials,

21 and technical assistance relating to planning and op22 eration of service-learning programs, to States and

23 local entities eligible to receive financial assistance

24 under this title;
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1 ‘‘(6)(A) gather and disseminate information on

2 successful service-learning programs, components of

3 such successful programs, innovative youth skills cur4 ricula related to service-learning, and service-learning

5 projects; and

6 ‘‘(B) coordinate the activities of the Clearing7 house with appropriate entities to avoid duplication

8 of effort;

9 ‘‘(7) make recommendations to State and local

10 entities on quality controls to improve the quality of

11 service-learning programs;

12 ‘‘(8) assist organizations in recruiting, screening,

13 and placing service-learning coordinators; and

14 ‘‘(9) carry out such other activities as the Presi15 dent determines to be appropriate.’’.

16 (b) HIGHER EDUCATION INNOVATIVE PROJECTS.—

17 Subtitle B of title I of the National and Community Service

18 Act of 1990 (42 U.S.C. 12531 et seq.) is amended by strik19 ing part II and inserting the following:

20 ‘‘PART II—HIGHER EDUCATION INNOVATIVE

21 PROGRAMS FOR COMMUNITY SERVICE

22 ‘‘SEC. 119. HIGHER EDUCATION INNOVATIVE PROGRAMS

23 FOR COMMUNITY SERVICE.

24 ‘‘(a) PURPOSE.—It is the purpose of this part to ex25 pand participation in community service by supporting in-
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1 novative community service programs carried out through

2 institutions of higher education, acting as civic institutions

3 to meet the human, educational, environmental, or public

4 safety needs of neighboring communities.

5 ‘‘(b) GENERAL AUTHORITY.—The Corporation, in con6 sultation with the Secretary of Education, is authorized to

7 make grants to, and enter into contracts with, institutions

8 of higher education (including a combination of such insti9 tutions), and partnerships comprised of such institutions

10 and of other public agencies or not-for-profit private orga11 nizations, to pay for the Federal share of the cost of—

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

13 to create or expand an organized community service

14 program that—

15 ‘‘(A) engenders a sense of social responsibil16 ity and commitment to the community in which

17 the institution is located; and

18 ‘‘(B) provides projects for participants, who

19 shall be students, faculty, administration, or

20 staff of the institution, or residents of the com21 munity;

22 ‘‘(2) supporting student-initiated and student-de23 signed community service projects through the pro24 gram;
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1 ‘‘(3) strengthening the leadership and instruc2 tional capacity of teachers at the elementary, second3 ary, and post secondary levels, with respect to service4 learning, by—

5 ‘‘(A) including service-learning as a key

6 component of the preservice teacher education of

7 the institution; and

8 ‘‘(B) encouraging the faculty of the institu9 tion to use service-learning methods throughout

10 their curriculum;

11 ‘‘(4) 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 ‘‘(5) 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 et

20 seq.) to support service-learning and community serv21 ice through the community service program;

22 ‘‘(6) strengthening the service infrastructure

23 within institutions of higher education in the United

24 States through the program; and
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1 ‘‘(7) 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 sec13 tion 116(a)(2).

14 ‘‘(2) WAIVER.—The President 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 prepare,

21 submit to the Corporation, and obtain approval of,

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

23 containing such information as the Corporation may

24 reasonably require. In requesting applications for as-
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1 sistance under this part, the Corporation shall specify

2 such required information.

3 ‘‘(2) CONTENTS.—An application submitted

4 under paragraph (1) shall, at a minimum, contain—

5 ‘‘(A) assurances that—

6 ‘‘(i) prior to the placement of a partic7 ipant, the applicant will consult with any

8 local labor organization representing em9 ployees in the area who are engaged in the

10 same or similar work as that proposed to be

11 carried out by such program, to prevent the

12 displacement and protect the rights of such

13 employees; and

14 ‘‘(ii) the applicant will comply with

15 the nonduplication and nondisplacement

16 provisions of section 177 and the grievance

17 procedure requirements of section 176(f);

18 and

19 ‘‘(B) such other assurances as the President

20 may reasonably require.

21 ‘‘(e) PRIORITY.—

22 ‘‘(1) IN GENERAL.—In making grants and enter23 ing into contracts under subsection (b), the Corpora24 tion shall give priority to applicants that submit ap25 plications containing proposals that—
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1 ‘‘(A) demonstrate the commitment of the in2 stitution of higher education, other than by dem3 onstrating the commitment of the students, to

4 supporting the community service projects car5 ried out under the program;

6 ‘‘(B) specify the manner in which the insti7 tution will promote faculty, administration, and

8 staff participation in the community service

9 projects;

10 ‘‘(C) specify the manner in which the insti11 tution will provide service to the community

12 through organized programs, including, where

13 appropriate, clinical programs for students in

14 professional schools;

15 ‘‘(D) describe any partnership that will

16 participate in the community service projects,

17 such as a partnership comprised of—

18 ‘‘(i) the institution;

19 ‘‘(ii)(I) a community-based agency;

20 ‘‘(II) a local government agency; or

21 ‘‘(III) a not-for-profit entity that

22 serves or involves school-age youth or older

23 adults; and

24 ‘‘(iii) a student organization;
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1 ‘‘(E) demonstrate community involvement

2 in the development of the proposal;

3 ‘‘(F) specify that the institution will use

4 such assistance to strengthen the service infra5 structure in institutions of higher education; or

6 ‘‘(G) with respect to projects involving de7 livery of service, specify projects that involve

8 leadership development of school-age youth.

9 ‘‘(2) DETERMINATION.—In giving priority to ap10 plicants under paragraph (1), the Corporation shall

11 give increased priority to such an applicant for each

12 characteristic described in subparagraphs (A) through

13 (G) of paragraph (1) that is reflected in the applica14 tion submitted by the applicant.

15 ‘‘(f) NATIONAL SERVICE EDUCATIONAL AWARD.—A

16 participant in a program funded under this part shall be

17 eligible for the national service educational award described

18 in subtitle D, if the participant served in an approved na19 tional service position.

20 ‘‘(g) DEFINITION.—Notwithstanding section 101(30),

21 as used in this part, the term ‘student’ means an individual

22 who is enrolled in an institution of higher education on

23 a full- or part-time basis.’’.

24 (c) TABLE OF CONTENTS.—Section 1(b) of the Na25 tional and Community Service Act of 1990 (Public Law
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1 101–610; 104 Stat. 3127) is amended by striking the items

2 relating to subtitle B of title I of such Act and inserting

3 the following:

‘‘Subtitle B—School-Based and Community-Based Service-Learning Programs

‘‘PART I—SERVE-AMERICA PROGRAMS

‘‘SUBPART A—SCHOOL-BASED PROGRAMS FOR STUDENTS

‘‘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.

‘‘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.

‘‘SUBPART B—COMMUNITY-BASED SERVICE PROGRAMS FOR SCHOOL-AGE YOUTH

‘‘Sec. 117. Definitions.

‘‘Sec. 117A. General authority.

‘‘Sec. 117B. State applications.

‘‘Sec. 117C. Local applications.

‘‘Sec. 117D. Consideration of applications.

‘‘Sec. 117E. Federal, State, and local contributions.

‘‘Sec. 117F. Limitations on uses of funds.

‘‘SUBPART C—CLEARINGHOUSE

‘‘Sec. 118. Service-learning clearinghouse.

‘‘PART II—HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY

SERVICE

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

4 SEC. 104. QUALITY AND INNOVATION ACTIVITIES.

5 (a) REPEAL.—Subtitle E of title I of the National and

6 Community Service Act of 1990 (42 U.S.C. 12591 et seq.)

7 is repealed.

8 (b) TRANSFER.—Title I of the National and Commu9 nity Service Act of 1990 is amended—
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1 (1) by redesignating subtitle H (42 U.S.C. 12653

2 et seq.) as subtitle E;

3 (2) by inserting subtitle E (as redesignated by

4 paragraph (1) of this subsection) after subtitle D; and

5 (3) by redesignating sections 195 through 195O

6 as sections 151 through 166, respectively.

7 (c) INVESTMENT FOR QUALITY AND INNOVATION.—

8 Title I of the National and Community Service Act of 1990

9 (as amended by subsection (b) of this section) is amended

10 by adding at the end the following new subtitle:

11 ‘‘Subtitle H—Investment for Quality

12 and Innovation

13 ‘‘SEC. 198. ADDITIONAL CORPORATION ACTIVITIES TO SUP14 PORT NATIONAL SERVICE.

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 en18 tities.

19 ‘‘(b) INNOVATION AND QUALITY IMPROVEMENT.—

20 ‘‘(1) ACTIVITIES.—The Corporation may under21 take activities to improve the quality of national serv22 ice programs and to support innovative and model

23 programs, including—

24 ‘‘(A) programs, including programs for

25 rural youth, under subtitle B or C;
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1 ‘‘(B) employer-based retiree programs;

2 ‘‘(C) intergenerational programs;

3 ‘‘(D) programs involving individuals with

4 disabilities as participants providing service;

5 and

6 ‘‘(E) programs sponsored by Governors.

7 ‘‘(2) INTERGENERATIONAL PROGRAM.—An

8 intergenerational program referred to in paragraph

9 (1)(C) may include a program in which older adults

10 provide services to children who participate in Head

11 Start programs.

12 ‘‘(c) SUMMER PROGRAMS.—The Corporation may sup13 port service programs intended to be carried out between

14 May 1 and October 1, except that such a program may also

15 include a year-round component.

16 ‘‘(d) COMMUNITY-BASED AGENCIES.—The Corpora17 tion may provide training and technical assistance and

18 other assistance to service sponsors and other community19 based agencies that provide volunteer placements in order

20 to improve the ability of such agencies to use participants

21 and other volunteers in a manner that results in high-qual22 ity service and a positive service experience for the partici23 pants and volunteers.

24 ‘‘(e) IMPROVE ABILITY TO APPLY FOR ASSISTANCE.—

25 The Corporation shall provide training and technical as-
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1 sistance, where necessary, to individuals, programs, local

2 labor organizations, State educational agencies, State Com3 missions, local educational agencies, local governments,

4 community-based agencies, and other entities to enable

5 them to apply for funding under one of the national service

6 laws, to conduct high-quality programs, to evaluate such

7 programs, and for other purposes.

8 ‘‘(f) NATIONAL SERVICE FELLOWSHIPS.—The Cor9 poration may award national service fellowships.

10 ‘‘(g) CONFERENCES AND MATERIALS.—The Corpora11 tion may organize and hold conferences, and prepare and

12 publish materials, to disseminate information and promote

13 the sharing of information among programs for the purpose

14 of improving the quality of programs and projects.

15 ‘‘(h) PEACE CORPS AND VISTA TRAINING.—The Cor16 poration may provide training assistance to selected indi17 viduals who volunteer to serve in the Peace Corps or a pro18 gram authorized under title I of the Domestic Volunteer

19 Service Act of 1973 (42 U.S.C. 4951 et seq.). The training

20 shall be provided as part of the course of study of the indi21 vidual at an institution of higher education, shall involve

22 service-learning, and shall cover appropriate skills that the

23 individual will use in the Peace Corps or VISTA.

24 ‘‘(i) PROMOTION AND RECRUITMENT.—The Corpora25 tion may conduct a campaign to solicit funds for the Na-
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1 tional Service Trust and other programs and activities au2 thorized under the national service laws and to promote and

3 recruit participants for programs that receive assistance

4 under the national service laws.

5 ‘‘(j) TRAINING.—The Corporation may support na6 tional and regional participant and supervisor training,

7 including leadership training and training in specific types

8 of service and in building the ethic of civic responsibility.

9 ‘‘(k) RESEARCH.—The Corporation may support re10 search on national service, including service-learning.

11 ‘‘(l) INTERGENERATIONAL SUPPORT.—The Corpora12 tion may assist programs in developing a service compo13 nent that combines students, out-of-school youths, and older

14 adults as participants to provide needed community serv15 ices.

16 ‘‘(m) PLANNING COORDINATION.—The Corporation

17 may coordinate community-wide planning among pro18 grams and projects.

19 ‘‘(n) YOUTH LEADERSHIP.—The Corporation may

20 support activities to enhance the ability of youth and young

21 adults to play leadership roles in national service.

22 ‘‘(o) NATIONAL PROGRAM IDENTITY.—The Corpora23 tion may support the development and dissemination of

24 materials, including training materials, and arrange for

25 uniforms and insignia, designed to promote unity and
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1 shared features among programs that receive assistance

2 under the national service laws.

3 ‘‘(p) SERVICE-LEARNING.—The Corporation shall sup4 port innovative programs and activities that promote serv5 ice-learning.

6 ‘‘(q) NATIONAL YOUTH SERVICE DAY.—

7 ‘‘(1) DESIGNATION.—April 19, 1994, and April

8 18, 1995 are each designated as ‘National Youth

9 Service Day’. The President of the United States is

10 authorized and directed to issue a proclamation call11 ing on the people of the United States to observe the

12 day with appropriate ceremonies and activities.

13 ‘‘(2) FEDERAL ACTIVITIES.—In order to observe

14 National Youth Service Day at the Federal level, the

15 Corporation may organize and carry out appropriate

16 ceremonies and activities.

17 ‘‘(3) ACTIVITIES.—The Corporation may make

18 grants to not-for-profit organizations with dem19 onstrated ability to carry out appropriate activities,

20 in order to support such activities on National Youth

21 Service Day.

22 ‘‘SEC. 198A. CLEARINGHOUSES.

23 ‘‘(a) ASSISTANCE.—The Corporation shall provide as24 sistance to appropriate entities to establish one or more
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1 clearinghouses, including the clearinghouse described in sec2 tion 118.

3 ‘‘(b) APPLICATION.—To be eligible to receive assistance

4 under subsection (a), an entity shall submit an application

5 to the Corporation at such time, in such manner, and con6 taining such information as the Corporation may require.

7 ‘‘(c) FUNCTION OF CLEARINGHOUSES.—An entity that

8 receives assistance under subsection (a) may—

9 ‘‘(1) assist entities carrying out State or local

10 community service programs with needs assessments

11 and planning;

12 ‘‘(2) conduct research and evaluations concern13 ing community service;

14 ‘‘(3)(A) provide leadership development and

15 training to State and local community service pro16 gram administrators, supervisors, and participants;

17 and

18 ‘‘(B) provide training to persons who can pro19 vide the leadership development and training de20 scribed in subparagraph (A);

21 ‘‘(4) facilitate communication among entities

22 carrying out community service programs and par23 ticipants;

24 ‘‘(5) provide information, curriculum materials,

25 technical assistance relating to planning and oper-
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1 ation of community service programs, to States and

2 local entities eligible to receive funds under this title;

3 ‘‘(6)(A) gather and disseminate information on

4 successful community service programs, components of

5 such successful programs, innovative youth skills cur6 riculum, and community service projects; and

7 ‘‘(B) coordinate the activities of the clearing8 house with appropriate entities to avoid duplication

9 of effort;

10 ‘‘(7) make recommendations to State and local

11 entities on quality controls to improve the delivery of

12 community service programs and on changes in the

13 programs under this title; and

14 ‘‘(8) carry out such other activities as the Presi15 dent determines to be appropriate.

16 ‘‘SEC. 198B. PRESIDENTIAL AWARDS FOR SERVICE.

17 ‘‘(a) PRESIDENTIAL AWARDS.—

18 ‘‘(1) IN GENERAL.—The President of the United

19 States, acting through the Corporation, may make

20 Presidential awards for service to individuals provid21 ing significant service, and to outstanding service

22 programs.

23 ‘‘(2) INDIVIDUALS AND PROGRAMS.—Notwith24 standing section 101(20)—
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1 ‘‘(A) an individual receiving an award

2 under this subsection need not be a participant

3 in a program authorized under this Act; and

4 ‘‘(B) a program receiving an award under

5 this subsection need not be a program authorized

6 under this Act.

7 ‘‘(3) NATURE OF AWARD.—In making an award

8 under this section to an individual or program, the

9 President of the United States, acting through the

10 Corporation—

11 ‘‘(A) is authorized to incur necessary ex12 penses for the honorary recognition of the indi13 vidual or program; and

14 ‘‘(B) is not authorized to make a cash

15 award to such individual or program.

16 ‘‘(b) INFORMATION.—The President of the United

17 States, acting through the Corporation, shall ensure that

18 information concerning individuals and programs receiv19 ing awards under this section is widely disseminated.

20 ‘‘SEC. 198C. MILITARY INSTALLATION CONVERSION DEM21 ONSTRATION PROGRAMS.

22 ‘‘(a) PURPOSES.—The purposes of this section are to—

23 ‘‘(1) provide meaningful training and paid em24 ployment to economically disadvantaged youth;
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1 ‘‘(2) fully utilize military installations affected

2 by closures or realignments;

3 ‘‘(3) encourage communities affected by such clo4 sures or realignments to convert the installations to

5 community use; and

6 ‘‘(4) foster a sense of community pride in the

7 youth in the community.

8 ‘‘(b) DEFINITIONS.—As used in this section:

9 ‘‘(1) AFFECTED MILITARY INSTALLATION.—The

10 term ‘affected military installation’ means a military

11 installation described in section 325(e)(1) of the Job

12 Training Partnership Act (29 U.S.C. 1662d(e)(1)).

13 ‘‘(2) COMMUNITY.—The term ‘community’ in14 cludes a county.

15 ‘‘(3) CONVERT TO COMMUNITY USE.—The term

16 ‘convert to community use’, used with respect to an

17 affected military installation, includes—

18 ‘‘(A) conversion of the installation or a part

19 of the installation to—

20 ‘‘(i) a park;

21 ‘‘(ii) a community center;

22 ‘‘(iii) a recreational facility; or

23 ‘‘(iv) a facility for a Head Start pro24 gram under the Head Start Act (42 U.S.C.

25 9831 et seq.); and
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1 ‘‘(B) carrying out, at the installation, a

2 construction or economic development project

3 that is of substantial benefit, as determined by

4 the President, to—

5 ‘‘(i) the community in which the in6 stallation is located; or

7 ‘‘(ii) a community located within such

8 distance of the installation as the President

9 may determine by regulation to be appro10 priate.

11 ‘‘(4) DEMONSTRATION PROGRAM.—The term

12 ‘demonstration program’ means a program described

13 in subsection (c).

14 ‘‘(c) DEMONSTRATION PROGRAMS.—

15 ‘‘(1) GRANTS.—The Corporation may make

16 grants to communities and community-based agencies

17 to pay for the Federal share of establishing and car18 rying out military installation conversion demonstra19 tion programs, to assist in converting to community

20 use affected military installations located—

21 ‘‘(A) within the community; or

22 ‘‘(B) within such distance from the commu23 nity as the President may by regulation deter24 mine to be appropriate.
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1 ‘‘(2) DURATION.—In carrying out such a dem2 onstration program, the community or community3 based agency may carry out—

4 ‘‘(A) a program of not less than 6 months

5 in duration; or

6 ‘‘(B) a full-time summer program.

7 ‘‘(d) USE OF FUNDS.—

8 ‘‘(1) SALARY.—A community or community9 based agency that receives a grant under subsection

10 (c) to establish and carry out a project through a

11 demonstration program may use the funds made

12 available through such grant to pay for a portion of

13 the salary of the participants in the project.

14 ‘‘(2) LIMITATION ON AMOUNT OF SALARY.—The

15 amount of the salary provided to a participant under

16 paragraph (1) that may be paid using assistance pro17 vided under this section and using any other Federal

18 funds shall not exceed the lesser of—

19 ‘‘(A) 85 percent of the total average annual

20 subsistence allowance provided to VISTA volun21 teers under section 105 of the Domestic Volunteer

22 Service Act of 1973 (42 U.S.C. 4955); and

23 ‘‘(B) 85 percent of the salary established by

24 the demonstration program involved.

25 ‘‘(e) PARTICIPANTS.—
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1 ‘‘(1) ELIGIBILITY.—A person shall be eligible to

2 be selected as a participant in a project carried out

3 through a demonstration program if the person is—

4 ‘‘(A) an economically disadvantaged indi5 vidual; and

6 ‘‘(B)(i) a person described in section 153(b);

7 ‘‘(ii) a youth described in section 154(a); or

8 ‘‘(iii) an eligible youth described in section

9 423 of the Job Training Partnership Act (29

10 U.S.C. 1693).

11 ‘‘(2) PARTICIPATION.—Persons desiring to par12 ticipate in such a project shall enter into an agree13 ment with the service sponsor of the project to partici14 pate—

15 ‘‘(A) on a full-time or a part-time basis;

16 and

17 ‘‘(B) for the duration referred to in sub18 section (f)(2)(C).

19 ‘‘(f) APPLICATION.—

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

21 grant under subsection (c), a community or commu22 nity-based agency shall submit an application to the

23 President at such time, in such manner, and contain24 ing such information as the President may require.
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1 ‘‘(2) CONTENTS.—At a minimum, such applica2 tion shall contain—

3 ‘‘(A) a description of the demonstration

4 program proposed to be conducted by the appli5 cant;

6 ‘‘(B) a proposal for carrying out the pro7 gram that describes the manner in which the ap8 plicant will—

9 ‘‘(i) provide preservice and inservice

10 training, for supervisors and participants,

11 that will be conducted by qualified individ12 uals or qualified organizations;

13 ‘‘(ii) conduct an appropriate evalua14 tion of the program; and

15 ‘‘(iii) provide for appropriate commu16 nity involvement in the program;

17 ‘‘(C) information indicating the duration of

18 the program; and

19 ‘‘(D) an assurance that the applicant will

20 comply with the nonduplication and

21 nondisplacement provisions of section 177 and

22 the grievance procedure requirements of section

23 176(f).

24 ‘‘(g) LIMITATION ON GRANT.—In making a grant

25 under subsection (c) with respect to a demonstration pro-
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1 gram to assist in converting an affected military installa2 tion, the Corporation shall not make a grant for more than

3 25 percent of the total cost of the conversion.’’.

4 (d) TABLE OF CONTENTS.—

5 (1) CIVILIAN COMMUNITY CORPS.—Section 1(b)

6 of the National and Community Service Act of 1990

7 (Public Law 101–610; 104 Stat. 3127) is amended by

8 striking the items relating to subtitle E of title I of

9 such Act and inserting 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 (2) QUALITY AND INNOVATION.—Section 1(b) of

11 the National and Community Service Act of 1990

12 (Public Law 101–610; 104 Stat. 3127) is amended by

13 striking the items relating to subtitle H of title I of

14 such Act and inserting the following:

‘‘Subtitle H—Investment for Quality and Innovation

‘‘Sec. 198. Additional corporation activities to support national service.

‘‘Sec. 198A. Clearinghouses.

‘‘Sec. 198B. Presidential awards for service.

‘‘Sec. 198C. Military installation conversion demonstration programs.’’.
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1 (e) TECHNICAL AND CONFORMING AMENDMENTS.—

2 (1) NATIONAL DEFENSE AUTHORIZATION ACT

3 FOR FISCAL YEAR 1993.—

4 (A) Section 1091(f)(2) of the National De5 fense Authorization Act for Fiscal Year 1993

6 (Public Law 102–484) is amended by striking

7 ‘‘195G’’ and inserting ‘‘158’’.

8 (B) Paragraphs (1) and (2) of section

9 1092(b), and sections 1092(c), 1093(a), and

10 1094(a) of such Act are amended by striking

11 ‘‘195A’’ and inserting ‘‘152’’.

12 (C) Sections 1091(f)(2), 1092(b)(1), and

13 1094(a), and subsections (a) and (c) of section

14 1095 of such Act are amended by striking ‘‘sub15 title H’’ and inserting ‘‘subtitle E’’.

16 (D) Section 1094(b)(1) and subsections (b)

17 and (c)(1) of section 1095 of such Act are

18 amended by striking ‘‘subtitles B, C, D, E, F,

19 and G’’ and inserting ‘‘subtitles B, C, D, F, G,

20 and H’’.

21 (2) NATIONAL AND COMMUNITY SERVICE ACT OF

22 1990.—

23 (A) Section 153(a) of the National and

24 Community Service Act of 1990 (as redesignated

25 in subsection (b)(3) of this section) (42 U.S.C.
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1 12653b(a)) is amended by striking ‘‘195A(a)’’

2 and inserting ‘‘152(a)’’.

3 (B) Section 154(a) of such Act (as redesig4 nated in subsection (b)(3) of this section) (42

5 U.S.C. 12653c(a)) is amended by striking

6 ‘‘195A(a)’’ and inserting ‘‘152(a)’’.

7 (C) Section 155 of such Act (as redesignated

8 in subsection (b)(3) of this section) (42 U.S.C.

9 12653d) is amended—

10 (i) in subsection (a), by striking

11 ‘‘195H(c)(1)’’ and inserting ‘‘159(c)(1)’’;

12 (ii) in subsection (c)(2), by striking

13 ‘‘195H(c)(2)’’ and inserting ‘‘159(c)(2)’’;

14 and

15 (iii) in subsection (d)(3), by striking

16 ‘‘195K(a)(3)’’ and inserting ‘‘162(a)(3)’’.

17 (D) Section 156 of such Act (as redesig18 nated in subsection (b)(3) of this section) (42

19 U.S.C. 12653e) is amended—

20 (i) in subsection (c)(1), by striking

21 ‘‘195H(c)(2)’’ and inserting ‘‘159(c)(2)’’;

22 and

23 (ii) in subsection (d), by striking

24 ‘‘195K(a)(3)’’ and inserting ‘‘162(a)(3)’’.
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1 (E) Section 159 of such Act (as redesignated

2 in subsection (b)(3) of this section) (42 U.S.C.

3 12653h) is amended—

4 (i) in subsection (a)—

5 (I) by striking ‘‘195A’’ and insert6 ing ‘‘152’’; and

7 (II) in paragraph (2), by striking

8 ‘‘195’’ and inserting ‘‘151’’; and

9 (ii) in subsection (c)(2)(C)(i), by strik10 ing ‘‘195K(a)(2)’’ and inserting ‘‘section

11 162(a)(2)’’.

12 (F) Section 161(b)(1)(B) of such Act (as re13 designated in subsection (b)(3) of this section)

14 (42 U.S.C. 12653j(b)(1)(B)) is amended by strik15 ing ‘‘195K(a)(3)’’ and inserting ‘‘162(a)(3)’’.

16 (G) Section 162(a)(2)(A) of such Act (as re17 designated in subsection (b)(3) of this section)

18 (42 U.S.C. 12653k(a)(2)(A)) is amended by

19 striking ‘‘195(3)’’ and inserting ‘‘151(3)’’.

20 (H) Section 166 of such Act (as redesig21 nated in subsection (b)(3) of this section) (42

22 U.S.C. 12653o) is amended—

23 (i) in paragraph (2), by striking

24 ‘‘195D’’ and inserting ‘‘155’’;
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1 (ii) in paragraph (8), by striking

2 ‘‘195A’’ and inserting ‘‘152’’;

3 (iii) in paragraph (10), by striking

4 ‘‘195D(d)’’ and inserting ‘‘155(d)’’; and

5 (iv) in paragraph (11), by striking

6 ‘‘195D(c)’’ and inserting ‘‘155(c)’’.

7 (f) EXTENSION OF AUTHORITY TO CONDUCT CIVILIAN

8 COMMUNITY CORPS.—Section 1092(c) of the National De9 fense Authorization Act for Fiscal Year 1993 (Public Law

10 102–484; 106 Stat. 2534), as amended by subsection (e)(1)

11 of this section, is further amended by adding at the end

12 the following new sentence: ‘‘The amount made available

13 for the Civilian Community Corps Demonstration Program

14 pursuant to this subsection shall remain available for ex15 penditure during fiscal years 1993 and 1994.’’.

16 (g) PARTICIPANTS.—

17 (1) NATIONAL SERVICE PROGRAM.—Section 153

18 of the National and Community Service Act of 1990

19 (as redesignated in subsection (b)(3) of this section)

20 (42 U.S.C. 12653b) is amended—

21 (A) by striking subsection (d); and

22 (B) by redesignating subsection (e) as sub23 section (d).

24 (2) SUMMER NATIONAL SERVICE PROGRAM.—

25 Section 154 of the National and Community Service
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1 Act of 1990 (as redesignated in subsection (b)(3) of

2 this section) (42 U.S.C. 12653c) is amended—

3 (A) by striking subsection (b); and

4 (B) by redesignating subsection (c) as sub5 section (b).

6 (h) ADDITIONAL AMENDMENT REGARDING CIVILIAN

7 COMMUNITY CORPS.—Section 158 of the National and

8 Community Service Act of 1990 (as redesignated in sub9 section (b)(3) of this section) (42 U.S.C. 12653g) is amend10 ed by striking subsections (f), (g), and (h) and inserting

11 the following new subsections:

12 ‘‘(f) NATIONAL SERVICE EDUCATIONAL AWARDS.—A

13 Corps member who successfully completes a period of agreed

14 service in the Corps may receive the national service edu15 cational award described in subtitle D if the Corps mem16 ber—

17 ‘‘(1) serves in an approved national service posi18 tion; and

19 ‘‘(2) satisfies the eligibility requirements speci20 fied in section 146 with respect to service in that ap21 proved national service position.

22 ‘‘(g) ALTERNATIVE BENEFIT.—If a Corps member who

23 successfully completes a period of agreed service in the

24 Corps is ineligible for the national service educational

25 award described in subtitle D, the Director may provide
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1 for the provision of a suitable alternative benefit for the

2 Corps member.’’.

3 Subtitle B—Related Provisions

4 SEC. 111. DEFINITIONS.

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

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

7 amended to read as follows:

8 ‘‘SEC. 101. DEFINITIONS.

9 ‘‘For purposes of this title:

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

11 volunteer’ means an individual, such as an older

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

13 an employee of a business or public or private not14 for-profit agency, who—

15 ‘‘(A) works without financial remuneration

16 in an educational institution to assist students

17 or out-of-school youth; and

18 ‘‘(B) is beyond the age of compulsory school

19 attendance in the State in which the educational

20 institution is located.

21 ‘‘(2) APPROVED NATIONAL SERVICE POSITION.—

22 The term ‘approved national service position’ means

23 a national service position for which the Corporation

24 has approved the provision of a national service edu25 cational award described in section 147 as one of the
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1 benefits to be provided for successful service in the po2 sition.

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

4 used in connection with a national service program

5 described in section 122, means the planning, estab6 lishment, operation, expansion, or replication of the

7 program.

8 ‘‘(4) COMMUNITY ACTION AGENCY.—The term

9 ‘community action agency’ means an entity or orga10 nization referred to in section 675(c)(2)(A) of the

11 Community Services Block Grant Act (42 U.S.C.

12 9904(c)(2)(A)).

13 ‘‘(5) COMMUNITY-BASED AGENCY.—The term

14 ‘community-based agency’ means a private not-for15 profit organization, including a church or other reli16 gious entity, that is representative of a community

17 and that is engaged in meeting human, educational,

18 environmental, or public safety community needs.

19 ‘‘(6) CORPORATION.—The term ‘Corporation’

20 means the Corporation for National and Community

21 Service established under section 191.

22 ‘‘(7) ECONOMICALLY DISADVANTAGED.—The term

23 ‘economically disadvantaged’ means, with respect to

24 an individual, an individual who is determined by
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1 the President to be low-income according to the latest

2 available data from the Department of Commerce.

3 ‘‘(8) ELEMENTARY SCHOOL.—The term ‘elemen4 tary school’ has the same meaning given such term in

5 section 1471(8) of the Elementary and Secondary

6 Education Act of 1965 (20 U.S.C. 2891(8)).

7 ‘‘(9) INDIAN.—The term ‘Indian’ means a person

8 who is a member of an Indian tribe, or is a ‘Native’,

9 as defined in section 3(b) of the Alaska Native Claims

10 Settlement Act (43 U.S.C. 1602(b)).

11 ‘‘(10) INDIAN LANDS.—The term ‘Indian lands’

12 means any real property owned by an Indian tribe,

13 any real property held in trust by the United States

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

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

16 restrictions on alienation imposed by the United

17 States.

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

19 means—

20 ‘‘(A) an Indian tribe, band, nation, or other

21 organized group or community, including—

22 ‘‘(i) any Native village, as defined in

23 section 3(c) of the Alaska Native Claims

24 Settlement Act (43 U.S.C. 1602(c)), whether

25 organized traditionally or pursuant to the
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1 Act of June 18, 1934 (commonly known as

2 the ‘Indian Reorganization Act’; 48 Stat.

3 984, chapter 576; 25 U.S.C 461 et seq.); and

4 ‘‘(ii) any Regional Corporation or Vil5 lage Corporation, as defined in subsection

6 (g) or (j), respectively, of section 3 of the

7 Alaska Native Claims Settlement Act (43

8 U.S.C. 1602 (g) or (j)),

9 that is recognized as eligible for the special pro10 grams and services provided by the United

11 States under Federal law to Indians because of

12 their status as Indians; and

13 ‘‘(B) any tribal organization controlled,

14 sanctioned, or chartered by an entity described

15 in subparagraph (A).

16 ‘‘(12) INDIVIDUAL WITH A DISABILITY.—Except

17 as provided in section 175(a), the term ‘individual

18 with a disability’ has the meaning given the term in

19 section 7(8) of the Rehabilitation Act of 1973 (29

20 U.S.C. 706(8)).

21 ‘‘(13) INSTITUTION OF HIGHER EDUCATION.—

22 The term ‘institution of higher education’ has the

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

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

25 1141(a)).
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1 ‘‘(14) LOCAL EDUCATIONAL AGENCY.—The term

2 ‘local educational agency’ has the same meaning

3 given such term in section 1471(12) of the Elemen4 tary and Secondary Education Act of 1965 (20

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

6 ‘‘(15) NATIONAL SERVICE LAWS.—The term ‘na7 tional service laws’ means this Act and the Domestic

8 Volunteer Service Act of 1973 (42 U.S.C. 4950 et

9 seq.).

10 ‘‘(16) OUT-OF-SCHOOL YOUTH.—The term ‘out11 of-school youth’ means an individual who—

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

13 ‘‘(B) has not completed college or the equiv14 alent thereof; and

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

16 secondary school or institution of higher edu17 cation.

18 ‘‘(17) PARTICIPANT.—

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

20 means—

21 ‘‘(i) for purposes of subtitle C, an indi22 vidual in an approved national service po23 sition; and

24 ‘‘(ii) for purposes of any other provi25 sion of this Act, an individual enrolled in
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1 a program that receives assistance under

2 this title.

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

4 considered to be an employee of the program in

5 which the participant is enrolled.

6 ‘‘(18) PARTNERSHIP PROGRAM.—The term ‘part7 nership program’ means a program through which an

8 adult volunteer, a public or private not-for-profit

9 agency, an institution of higher education, or a busi10 ness assists a local educational agency.

11 ‘‘(19) PRESIDENT.—The term ‘President’, except

12 when used as part of the term ‘President of the

13 United States’ means the President of the Corporation

14 appointed under section 193.

15 ‘‘(20) PROGRAM.—The term ‘program’, except

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

17 means a program described in section 111(a) (other

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

19 such section), 117A(a), 119(b)(1), or 122(a), in para20 graph (1) or (2) of section 152(b), or in section 198.

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

22 activity, carried out through a program that receives

23 assistance under this title, that results in a specific

24 identifiable service or improvement that otherwise

25 would not be done with existing funds, and that does
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1 not duplicate the routine services or functions of the

2 employer to whom participants are assigned.

3 ‘‘(22) SCHOOL-AGE YOUTH.—The term ‘school4 age youth’ means—

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

6 17, inclusive; and

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

8 in section 602(a)(1) of the Individuals with Dis9 abilities Education Act, who receive services

10 under part B of such Act.

11 ‘‘(23) SECONDARY SCHOOL.—The term ‘second12 ary school’ has the same meaning given such term in

13 section 1471(21) of the Elementary and Secondary

14 Education Act of 1965 (20 U.S.C. 2891(21)).

15 ‘‘(24) SERVICE-LEARNING.—The term ‘service16 learning’ means a method—

17 ‘‘(A) under which students or participants

18 learn and develop through active participation

19 in thoughtfully organized service that—

20 ‘‘(i) is conducted in and meets the

21 needs of a community;

22 ‘‘(ii) is coordinated with an elemen23 tary school, secondary school, institution of

24 higher education, or community service pro25 gram, and with the community; and
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1 ‘‘(iii) helps foster civic responsibility;

2 and

3 ‘‘(B) that—

4 ‘‘(i) is integrated into and enhances

5 the academic curriculum of the students, or

6 the educational components of the commu7 nity service program in which the partici8 pants are enrolled; and

9 ‘‘(ii) provides structured time for the

10 students or participants to reflect on the

11 service experience.

12 ‘‘(25) SERVICE-LEARNING COORDINATOR.—The

13 term ‘service-learning coordinator’ means an individ14 ual who provides services as described in section

15 111(a)(3).

16 ‘‘(26) SERVICE SPONSOR.—The term ‘service

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

18 has been selected to provide a placement for a partici19 pant.

20 ‘‘(27) STATE.—The term ‘State’ means each of

21 the several States, the District of Columbia, the Com22 monwealth of Puerto Rico, the Virgin Islands, Guam,

23 American Samoa, and the Commonwealth of the

24 Northern Mariana Islands. The term also includes
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1 Palau, until such time as the Compact of Free Asso2 ciation is ratified.

3 ‘‘(28) STATE COMMISSION.—The term ‘State

4 Commission’ means a State Commission on National

5 and Community Service maintained by a State pur6 suant to section 178. Except when used in section

7 178, the term includes an alternative administrative

8 entity for a State approved by the Corporation under

9 such section to act in lieu of a State Commission.

10 ‘‘(29) STATE EDUCATIONAL AGENCY.—The term

11 ‘State educational agency’ has the same meaning

12 given such term in section 1471(23) of the Elemen13 tary and Secondary Education Act of 1965 (20

14 U.S.C. 2891(23)).

15 ‘‘(30) STUDENT.—The term ‘student’ means an

16 individual who is enrolled in an elementary or sec17 ondary school or institution of higher education on a

18 full- or part-time basis.’’.

19 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

20 (1) Section 182(a)(2) of the National and Com21 munity Service Act of 1990 (42 U.S.C 12642(a)(2))

22 is amended by striking ‘‘adult volunteer and partner23 ship’’ each place the term appears and inserting

24 ‘‘partnership’’.
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1 (2) Section 182(a)(3) of the National and Com2 munity Service Act of 1990 (42 U.S.C 12642(a)(3))

3 is amended by striking ‘‘adult volunteer and partner4 ship’’ and inserting ‘‘partnership’’.

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

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

7 striking ‘‘service opportunities or youth corps as de8 fined in section 101 of the National and Community

9 Service Act of 1990, and service in the agencies, insti10 tutions and activities designated in section 124(a) of

11 the National and Community Service Act of 1990’’

12 and inserting ‘‘a project, as defined in section

13 101(21) of the National and Community Service Act

14 of 1990 (42 U.S.C. 12511(18))’’.

15 (4) Section 1122(a)(2)(C) of the Higher Edu16 cation Act of 1965 (20 U.S.C. 1137a(a)(2)(C)) is

17 amended by striking ‘‘youth corps as defined in sec18 tion 101(30) of the National and Community Service

19 Act of 1990’’ and inserting ‘‘youth corps programs, as

20 described in section 122(a)(1) of the National and

21 Community Service Act of 1990’’.

22 (5) Section 1201(p) of the Higher Education Act

23 of 1965 (20 U.S.C. 1141(p)) is amended by striking

24 ‘‘section 101(22) of the National and Community

25 Service Act of 1990’’ and inserting ‘‘section 101(24)
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1 of the National and Community Service Act of 1990

2 (42 U.S.C. 12511(21))’’.

3 SEC. 112. AUTHORITY TO MAKE STATE GRANTS.

4 Section 102 of the National and Community Service

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

6 SEC. 113. FAMILY AND MEDICAL LEAVE.

7 (a) IN GENERAL.—Section 171 of the National and

8 Community Service Act of 1990 (42 U.S.C. 12631) is

9 amended to read as follows:

10 ‘‘SEC. 171. FAMILY AND MEDICAL LEAVE.

11 ‘‘(a) PARTICIPANTS IN PRIVATE, STATE, AND LOCAL

12 PROJECTS.—For purposes of title I of the Family and Med13 ical Leave Act of 1993 (29 U.S.C. 2601 et seq.), if—

14 ‘‘(1) a participant has provided service for the

15 period required by section 101(2)(A)(i) (29 U.S.C.

16 2611(2)(A)(i)), and has met the hours of service re17 quirement of section 101(2)(A)(ii), of such Act with

18 respect to a project; and

19 ‘‘(2) the service sponsor of the project is an em20 ployer described in section 101(4) of such Act (other

21 than an employing agency within the meaning of sub22 chapter V of chapter 63 of title 5, United States

23 Code),

24 the participant shall be considered to be an eligible em25 ployee of the service sponsor.
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1 ‘‘(b) PARTICIPANTS IN FEDERAL PROJECTS.—For

2 purposes of subchapter V of chapter 63 of title 5, United

3 States Code, if—

4 ‘‘(1) a participant has provided service for the

5 period required by section 6381(1)(B) of such title

6 with respect to a project; and

7 ‘‘(2) the service sponsor of the project is an em8 ploying agency within the meaning of such sub9 chapter,

10 the participant shall be considered to be en employee of the

11 service sponsor.’’.

12 (b) TABLE OF CONTENTS.—Section 1(b) of the Na13 tional and Community Service Act of 1990 (Public Law

14 101–610; 104 Stat. 3127) is amended by striking the item

15 relating to section 171 of such Act and inserting the

16 following:

‘‘Sec. 171. Family and medical leave.’’.

17 SEC. 114. REPORTS.

18 Section 172 of the National and Community Service

19 Act of 1990 (42 U.S.C. 12632) is amended—

20 (1) in subsection (a)(3)(A), by striking ‘‘sections

21 177 and 113(9)’’ and inserting ‘‘section 177’’;

22 (2) in subsection (b)—

23 (A) by striking ‘‘REPORT TO CONGRESS’’;

24 and inserting ‘‘REPORT TO CONGRESS BY COR25 PORATION’’; and
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1 (B) in paragraph (1), by striking ‘‘this

2 title’’ and inserting ‘‘the national service laws’’;

3 and

4 (3) by adding at the end the following:

5 ‘‘(c) REPORT TO CONGRESS BY SECRETARY OF DE6 FENSE.—

7 ‘‘(1) STUDY.—The Secretary of Defense shall an8 nually conduct a study of the effect of the programs

9 carried out under this title on recruitment for the

10 Armed Forces.

11 ‘‘(2) REPORT.—The Secretary of Defense shall

12 annually submit a report to the appropriate commit13 tees of Congress containing the findings of the study

14 described in paragraph (1) and such recommenda15 tions for legislative and administrative reform as the

16 Secretary may determine to be appropriate.’’.

17 SEC. 115. NONDISCRIMINATION.

18 Section 175 of the National and Community Service

19 Act of 1990 (42 U.S.C. 12635) is amended to read as

20 follows:

21 ‘‘SEC. 175. NONDISCRIMINATION.

22 ‘‘(a) IN GENERAL.—

23 ‘‘(1) BASIS.—An individual with responsibility

24 for the operation of a project that receives assistance

25 under this title shall not discriminate against a par-
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1 ticipant in, or member of the staff of, such project on

2 the basis of race, color, national origin, sex, age, or

3 political affiliation of such participant or member, or

4 on the basis of disability, if the participant or mem5 ber is a qualified individual with a disability.

6 ‘‘(2) DEFINITION.—As used in paragraph (1),

7 the term ‘qualified individual with a disability’ has

8 the meaning given the term in section 101(8) of the

9 Americans with Disabilities Act of 1990 (42 U.S.C.

10 12111(8)).

11 ‘‘(b) FEDERAL FINANCIAL ASSISTANCE.—Any assist12 ance provided under this title shall constitute Federal fi13 nancial assistance for purposes of title VI of the Civil

14 Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of

15 the Education Amendments of 1972 (20 U.S.C. 1681 et

16 seq.), section 504 of the Rehabilitation Act of 1973 (29

17 U.S.C. 794), and the Age Discrimination Act of 1975 (42

18 U.S.C. 6101 et seq.), and shall constitute Federal financial

19 assistance to an education program or activity for purposes

20 of the Education Amendments of 1972 (20 U.S.C. 1681 et

21 seq.).

22 ‘‘(c) RELIGIOUS DISCRIMINATION.—

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (2), an individual with responsibility for the

25 operation of a project that receives assistance under
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1 this title shall not discriminate on the basis of reli2 gion against a participant in such project or a mem3 ber of the staff of such project who is paid with funds

4 received under this title.

5 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

6 apply to the employment, with assistance provided

7 under this title, of any member of the staff, of a

8 project that receives assistance under this title, who

9 was employed with the organization operating the

10 project on the date the grant under this title was

11 awarded.

12 ‘‘(d) RULES AND REGULATIONS.—The President shall

13 promulgate rules and regulations to provide for the enforce14 ment of this section that shall include provisions for sum15 mary suspension of assistance for not more than 30 days,

16 on an emergency basis, until notice and an opportunity to

17 be heard can be provided.’’.

18 SEC. 116. NOTICE, HEARING, AND GRIEVANCE PROCE19 DURES.

20 (a) DECERTIFICATION OF POSITIONS.—Section 176(a)

21 of the National and Community Service Act of 1990 (42

22 U.S.C. 12636(a)) is amended—

23 (1) in paragraph (1), by inserting ‘‘, or revoke

24 the designation of positions, related to the grant or
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1 contract, as approved national service positions,’’ be2 fore ‘‘whenever the Commission’’; and

3 (2) in paragraph (2)(B), by inserting ‘‘or re4 voked’’ after ‘‘terminated’’.

5 (b) CONSTRUCTION.—Section 176(e) of such Act (42

6 U.S.C. 12636(e)) is amended by adding before the period

7 the following ‘‘, other than assistance provided pursuant to

8 this Act’’.

9 (c) GRIEVANCE PROCEDURE.—Section 176(f) of such

10 Act is amended to read as follows:

11 ‘‘(f) GRIEVANCE PROCEDURE.—

12 ‘‘(1) IN GENERAL.—A State or local applicant

13 that receives assistance under this title shall establish

14 and maintain a procedure for the filing and adju15 dication of grievances from participants, labor orga16 nizations, and other interested individuals concerning

17 projects that receive assistance under this title, in18 cluding grievances regarding proposed placements of

19 such participants in such projects.

20 ‘‘(2) DEADLINE FOR GRIEVANCES.—Except for a

21 grievance that alleges fraud or criminal activity, a

22 grievance shall be made not later than 1 year after

23 the date of the alleged occurrence of the event that is

24 the subject of the grievance.

25 ‘‘(3) DEADLINE FOR HEARING AND DECISION.—
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1 ‘‘(A) HEARING.—A hearing on any griev2 ance conducted under this subsection shall be

3 conducted not later than 30 days after the filing

4 of such grievance.

5 ‘‘(B) DECISION.—A decision on any such

6 grievance shall be made not later than 60 days

7 after the filing of such grievance.

8 ‘‘(4) ARBITRATION.—

9 ‘‘(A) IN GENERAL.—

10 ‘‘(i) JOINTLY SELECTED ARBITRA11 TOR.—In the event of a decision on a griev12 ance that is adverse to the party who filed

13 such grievance, or 60 days after the filing

14 of such grievance if no decision has been

15 reached, such party shall be permitted to

16 submit such grievance to binding arbitra17 tion before a qualified arbitrator who is

18 jointly selected and independent of the in19 terested parties.

20 ‘‘(ii) APPOINTED ARBITRATOR.—If the

21 parties cannot agree on an arbitrator, the

22 President shall appoint an arbitrator from

23 a list of qualified arbitrators within 15

24 days after receiving a request for such ap-
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1 pointment from one of the parties to the

2 grievance.

3 ‘‘(B) DEADLINE FOR PROCEEDING.—An ar4 bitration proceeding shall be held not later than

5 45 days after the request for such arbitration

6 proceeding, or, if the arbitrator is appointed by

7 the President in accordance with subparagraph

8 (A)(ii), not later than 30 days after the appoint9 ment of such arbitrator.

10 ‘‘(C) DEADLINE FOR DECISION.—A decision

11 concerning a grievance shall be made not later

12 than 30 days after the date such arbitration pro13 ceeding begins.

14 ‘‘(D) COST.—

15 ‘‘(i) IN GENERAL.—Except as provided

16 in clause (ii), the cost of an arbitration pro17 ceeding shall be divided evenly between the

18 parties to the arbitration.

19 ‘‘(ii) EXCEPTION.—If a participant,

20 labor organization, or other interested indi21 vidual described in paragraph (1) prevails

22 under a binding arbitration proceeding, the

23 State, local agency, public or private not24 for-profit organization, or partnership of

25 such agencies and organizations, that is a
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1 party to such grievance shall pay the total

2 cost of such proceeding and the attorneys’

3 fees of such participant, labor organization,

4 or individual, as the case may be.

5 ‘‘(5) PROPOSED PLACEMENT.—If a grievance is

6 filed regarding a proposed placement of a participant

7 in a project that receives assistance under this title,

8 such placement shall not be made unless the place9 ment is consistent with the resolution of the grievance

10 pursuant to this subsection.

11 ‘‘(6) REMEDIES.—Remedies for a grievance filed

12 under this subsection include—

13 ‘‘(A) suspension of payments for assistance

14 under this title;

15 ‘‘(B) termination of such payments;

16 ‘‘(C) prohibition of the placement described

17 in paragraph (5); and

18 ‘‘(D) in a case in which the grievance in19 volves a violation of subsection (a) or (b) of sec20 tion 177 and the employer of the displaced em21 ployee is the recipient of assistance under this

22 title—

23 ‘‘(i) reinstatement of the displaced em24 ployee to the position held by such employee

25 prior to displacement;
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1 ‘‘(ii) payment of lost wages and bene2 fits of the displaced employee;

3 ‘‘(iii) reestablishment of other relevant

4 terms, conditions, and privileges of employ5 ment of the displaced employee; and

6 ‘‘(iv) such equitable relief as is nec7 essary to correct any violation of subsection

8 (a) or (b) of section 177 or to make the dis9 placed employee whole.

10 ‘‘(7) ENFORCEMENT.—Suits to enforce arbitra11 tion awards under this section may be brought in any

12 district court of the United States having jurisdiction

13 of the parties, without regard to the amount in con14 troversy and without regard to the citizenship of the

15 parties.’’.

16 SEC. 117. NONDISPLACEMENT.

17 Section 177(b)(3) of the National and Community

18 Service Act of 1990 (42 U.S.C. 12637(b)(3)) is amended—

19 (1) in subparagraph (B), to read as follows:

20 ‘‘(B) SUPPLANTATION OF HIRING.—A par21 ticipant in any program receiving assistance

22 under this title shall not perform any services or

23 duties, or engage in activities, that—

24 ‘‘(i) will supplant the hiring of em25 ployed workers; or
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1 ‘‘(ii) are services, duties, or activities

2 with respect to which an individual has re3 call rights pursuant to a collective bargain4 ing agreement or applicable personnel pro5 cedures.’’; and

6 (2) in subparagraph (C)(iii), to read as follows:

7 ‘‘(iii) employee who—

8 ‘‘(I) is subject to a reduction in

9 force; or

10 ‘‘(II) has recall rights pursuant to

11 a collective bargaining agreement or

12 applicable personnel procedures;’’.

13 SEC. 118. EVALUATION.

14 Section 179 of the National and Community Service

15 Act of 1990 (42 U.S.C 12639) is amended—

16 (1) in subsection (a)(2)—

17 (A) in the matter preceding subparagraph

18 (A), by striking ‘‘for purposes of the reports re19 quired by subsection (j),’’ and inserting ‘‘with re20 spect to the programs authorized under subtitle

21 C,’’; and

22 (B) in subparagraph (A), by striking ‘‘older

23 American volunteer programs’’ and inserting

24 ‘‘National Senior Volunteer Corps programs’’;

25 (2) in subsection (g)—
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1 (A) in the matter preceding paragraph (1),

2 by striking ‘‘subtitle D’’ and inserting ‘‘subtitle

3 C’’; and

4 (B) in paragraphs (3) and (9), by striking

5 ‘‘older American volunteer programs’’ and in6 serting ‘‘National Senior Volunteer Corps pro7 grams’’;

8 (3) by striking subsections (i) and (j); and

9 (4) by adding at the end the following:

10 ‘‘(i) INDEPENDENT EVALUATION AND REPORT OF DE11 MOGRAPHICS OF NATIONAL SERVICE PARTICIPANTS AND

12 COMMUNITIES.—

13 ‘‘(1) INDEPENDENT EVALUATION.—

14 ‘‘(A) IN GENERAL.—The Corporation shall,

15 on an annual basis, arrange for an independent

16 evaluation of the programs assisted under sub17 title C.

18 ‘‘(B) PARTICIPANTS.—

19 ‘‘(i) IN GENERAL.—The entity conduct20 ing such evaluation shall determine the de21 mographic characteristics of the partici22 pants in such programs.

23 ‘‘(ii) CHARACTERISTICS.—The entity

24 shall determine, for the year covered by the

25 evaluation, the total number of participants
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1 in the programs, and the number of partici2 pants within the programs in each State,

3 by sex, age, economic background, education

4 level, ethnic group, disability classification,

5 and geographic region.

6 ‘‘(iii) CATEGORIES.—The Corporation

7 shall determine appropriate categories for

8 analysis of each of the characteristics re9 ferred to in clause (ii) for purposes of such

10 an evaluation.

11 ‘‘(C) COMMUNITIES.—In conducting the

12 evaluation, the entity shall determine the

13 amount of assistance provided under section 121

14 during the year that has been expended for

15 projects conducted under the programs in areas

16 described in section 133(c)(6).

17 ‘‘(2) REPORT.—The entity conducting the eval18 uation shall submit a report to the President, Con19 gress, the Corporation, and each State Commission

20 containing the results of the evaluation—

21 ‘‘(A) with respect to the evaluation covering

22 the year beginning on the date of enactment of

23 this subsection, not later than 18 months after

24 such date; and
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1 ‘‘(B) with respect to the evaluation covering

2 each subsequent year, not later than 18 months

3 after the first day of each such year.’’.

4 SEC. 119. ENGAGEMENT OF PARTICIPANTS.

5 Section 180 of the National and Community Service

6 Act of 1990 (42 U.S.C. 12640) is amended by striking

7 ‘‘post-service benefits’’ and inserting ‘‘national service edu8 cational awards’’.

9 SEC. 120. CONTINGENT EXTENSION.

10 (a) IN GENERAL.—Section 181 of the National and

11 Community Service Act of 1990 (42 U.S.C. 12641) is

12 amended to read as follows:

13 ‘‘SEC. 181. CONTINGENT EXTENSION.

14 ‘‘Section 414 of the General Education Provisions Act

15 (20 U.S.C. 1226a) shall apply to this Act.’’.

16 (b) TABLE OF CONTENTS.—Section 1(b) of the Na17 tional and Community Service Act of 1990 (Public Law

18 101–610; 104 Stat. 3127) is amended by striking the item

19 relating to sections 181 of such Act and inserting the

20 following:

‘‘Sec. 181. Contingent extension.’’.

21 SEC. 121. AUDITS.

22 (a) IN GENERAL.—Section 183 of the National and

23 Community Service Act of 1990 (42 U.S.C. 12643) is

24 amended to read as follows:
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1 ‘‘SEC. 183. RIGHTS OF ACCESS, EXAMINATION, AND COPY2 ING.

3 ‘‘(a) COMPTROLLER GENERAL.—The Comptroller Gen4 eral, or any of the duly authorized representatives of the

5 Comptroller General, shall have access to, and the right to

6 examine and copy, any books, documents, papers, records,

7 and other recorded information in any form—

8 ‘‘(1) within the possession or control of the Cor9 poration or any State or local government, Indian

10 tribe, or public or private not-for-profit organization

11 receiving assistance directly or indirectly under this

12 Act; and

13 ‘‘(2) that the Comptroller General, or his rep14 resentative, considers necessary to the performance of

15 an evaluation, audit, or review.

16 ‘‘(b) CHIEF FINANCIAL OFFICER.—The Chief Finan17 cial Officer of the Corporation shall have access to, and the

18 right to examine and copy, any books, documents, papers,

19 records, and other recorded information in any form—

20 ‘‘(1) within the possession or control of the Cor21 poration or any State or local government, Indian

22 tribe, or public or private not-for-profit organization

23 receiving assistance directly or indirectly under this

24 Act; and

25 ‘‘(2) that relate to the duties of the Chief Finan26 cial Officer.’’.
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1 (b) TABLE OF CONTENTS.—Section 1(b) of the Na2 tional and Community Service Act of 1990 (Public Law

3 101–610; 104 Stat. 3127) is amended by striking the item

4 relating to section 183 of such Act and inserting the

5 following:

‘‘Sec. 183. Rights of access, examination, and copying.’’.

6 SEC. 122. REPEALS.

7 (a) IN GENERAL.—Subtitle F of title I of the National

8 and Community Service Act of 1990 (42 U.S.C. 12631 et

9 seq.) is amended by repealing sections 185 and 186.

10 (b) TABLE OF CONTENTS.—Section 1(b) of the Na11 tional and Community Service Act of 1990 (Public Law

12 101–610; 104 Stat. 3127) is amended by striking the item

13 relating to section 185 of such Act.

14 SEC. 123. EFFECTIVE DATE.

15 This title, and the amendments made by this title,

16 shall take effect on October 1, 1993.

17 TITLE II—ORGANIZATION

18 SEC. 201. STATE COMMISSIONS ON NATIONAL AND COMMU19 NITY SERVICE.

20 (a) COMPOSITION AND DUTIES OF STATE COMMIS21 SIONS.—Subtitle F of title I of the National and Commu22 nity Service Act of 1990 is amended by striking section 178

23 (42 U.S.C. 12638) and inserting the following new section:
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1 ‘‘SEC. 178. STATE COMMISSIONS ON NATIONAL AND COM2 MUNITY SERVICE.

3 ‘‘(a) EXISTENCE REQUIRED.—

4 ‘‘(1) STATE COMMISSION.—Except as provided

5 in paragraph (2), to be eligible to receive a grant or

6 allotment under subtitle B or C or to receive a dis7 tribution of approved national service positions under

8 subtitle C, a State shall maintain a State Commis9 sion on National and Community Service that satis10 fies the requirements of this section.

11 ‘‘(2) ALTERNATIVE ADMINISTRATIVE ENTITY.—

12 The chief executive officer of a State may apply to the

13 Corporation for approval to use an alternative ad14 ministrative entity to carry out the duties otherwise

15 entrusted to a State Commission under this Act. The

16 chief executive officer shall ensure that any alter17 native administrative entity used in lieu of a State

18 Commission still provides for the individuals de19 scribed in paragraph (1), and some of the individuals

20 described in paragraph (2), of subsection (c) to play

21 a significant policymaking role in carrying out the

22 duties otherwise entrusted to a State Commission, in23 cluding the submission of applications on behalf of the

24 State under sections 117B and 130.

25 ‘‘(b) APPOINTMENT AND SIZE.—Except as provided in

26 subsection (c)(3), the members of a State Commission for
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1 a State shall be appointed by the chief executive officer of

2 the State. A State Commission shall consist of not less than

3 7 voting members and not more than 25 voting

4 members.

5 ‘‘(c) COMPOSITION AND MEMBERSHIP.—

6 ‘‘(1) REQUIRED MEMBERS.—The State Commis7 sion for a State shall include as voting members at

8 least one representative from each of the following cat9 egories:

10 ‘‘(A) Individuals between the ages of 16 and

11 25 who are participants or supervisors in pro12 grams.

13 ‘‘(B) National service programs, such as

14 youth corps programs.

15 ‘‘(C) School-based or community-based pro16 grams for school-age youth.

17 ‘‘(D) Programs in which older adults are

18 participants.

19 ‘‘(E) Local and State governmental entities

20 in the State, including the State educational

21 agency (from which at least one such member

22 shall be appointed).

23 ‘‘(F) Local labor organizations.
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1 ‘‘(2) SOURCES OF OTHER MEMBERS.—The State

2 Commission for a State may include as voting mem3 bers the following:

4 ‘‘(A) Representatives of community-based

5 organizations or community-based agencies, in6 cluding community action agencies.

7 ‘‘(B) Members selected from among partici8 pants in service programs who are youths.

9 ‘‘(C) Members selected from among local

10 educators.

11 ‘‘(D) Members selected from among experts

12 in the delivery of human, educational, environ13 mental, or public safety services to communities

14 and persons.

15 ‘‘(E) Representatives of businesses and busi16 ness groups.

17 ‘‘(F) Representatives of Indian tribes.

18 ‘‘(G) Representatives of groups serving eco19 nomically disadvantaged individuals.

20 ‘‘(H) Members selected from among out-of21 school youth or other at-risk youth.

22 ‘‘(I) Members selected from among older

23 adults who are volunteers or participants in na24 tional service programs.
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1 ‘‘(3) CORPORATION REPRESENTATIVE.—The rep2 resentative of the Corporation designated under sec3 tion 195(b) for a State shall be an ex officio

4 nonvoting member of the State Commission or alter5 native administrative entity for that State.

6 ‘‘(4) EX OFFICIO STATE REPRESENTATIVES.—

7 The chief executive officer of a State shall appoint, as

8 an ex officio nonvoting member of the State Commis9 sion for the State, the Corporation employee respon10 sible for volunteer service programs in the State, if

11 such employee is not the representative described in

12 paragraph (3). The chief executive officer may ap13 point, as ex officio nonvoting members of the State

14 Commission for the State, representatives selected

15 from among officers and employees of State agencies

16 operating community service, youth service, edu17 cation, social service, senior service, and job training

18 programs.

19 ‘‘(5) LIMITATION ON NUMBER OF STATE EMPLOY20 EES AS MEMBERS.—The number of voting members of

21 a State Commission selected under paragraph (1) or

22 (2) who are officers or employees of the State may not

23 exceed 25 percent (reduced to the nearest whole num24 ber) of the total membership of the State Commission.

25 ‘‘(d) MISCELLANEOUS MATTERS.—
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1 ‘‘(1) MEMBERSHIP BALANCE.—The chief execu2 tive officer of a State shall ensure, to the maximum

3 extent practicable, that the membership of the State

4 Commission for the State is diverse with respect to

5 race, ethnicity, age, gender, and disability character6 istics. Not more than 50 percent of the voting mem7 bers of a State Commission, plus one additional mem8 ber, may be from the same political party.

9 ‘‘(2) TERMS.—Each member of the State Com10 mission for a State shall serve for a term of 3 years,

11 except that the chief executive officer of a State shall

12 initially appoint a portion of the members to terms

13 of 1 year and 2 years.

14 ‘‘(3) VACANCIES.—As vacancies occur on a State

15 Commission, new members shall be appointed by the

16 chief executive of the State and serve for the remain17 der of the term for which the predecessor of such mem18 ber was appointed. The vacancy shall not affect the

19 power of the remaining members to execute the duties

20 of the State Commission.

21 ‘‘(4) COMPENSATION.—A member of a State

22 Commission or alternative administrative entity shall

23 not receive any additional compensation by reason of

24 service on the State Commission or alternative ad25 ministrative entity, except that the State may author-
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1 ize the reimbursement of travel expenses, including a

2 per diem in lieu of subsistence, in the same manner

3 as other employees serving intermittently in the serv4 ice of the State.

5 ‘‘(5) CHAIRPERSON.—The voting members of a

6 State Commission shall elect one of the voting mem7 bers to serve as chairperson of the State Commission.

8 ‘‘(e) DUTIES OF A STATE COMMISSION.—The State

9 Commission or alternative administrative entity for a State

10 shall be responsible for the following duties:

11 ‘‘(1) Preparation of a national service plan for

12 the State that may build on any comprehensive State

13 plan submitted pursuant to regulations issued under

14 the National and Community Service Act of 1990,

15 and that—

16 ‘‘(A) covers a 3-year period;

17 ‘‘(B) is updated annually;

18 ‘‘(C) contains such information as the State

19 Commission or alternative administrative entity

20 considers to be appropriate or as the Corporation

21 may require; and

22 ‘‘(D) ensures outreach to diverse commu23 nity-based agencies that serve underrepresented

24 populations, by—
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1 ‘‘(i) using established networks, and

2 registries, at the State level; or

3 ‘‘(ii) establishing such networks and

4 registries.

5 ‘‘(2) Preparation of the applications of the State

6 under sections 117B and 130 for financial assistance,

7 in such a manner as to ensure that any decision re8 garding whether to include a program in the applica9 tion shall be made on the basis of the criteria de10 scribed in section 133(c), applied in a fair and equi11 table manner by an impartial decisionmaker.

12 ‘‘(3) Assistance in the preparation of the appli13 cation of the State educational agency for assistance

14 under section 113.

15 ‘‘(4) Preparation of the application of the State

16 under section 130 for the approval of service positions

17 that include the national service educational award

18 described in subtitle D.

19 ‘‘(5) Assistance in the provision of health care

20 and child care benefits under section 140 to partici21 pants in national service programs that receive assist22 ance under section 121.

23 ‘‘(6) Development of a State system for the re24 cruitment and placement of participants in national

25 service programs that receive assistance under section
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1 121 and dissemination of information concerning na2 tional service programs that receive assistance and

3 approved national service positions.

4 ‘‘(7) Administration of the grant program in

5 support of national service programs that is con6 ducted by the State using assistance provided to the

7 State under section 121, including selection, oversight,

8 and evaluation of grant recipients.

9 ‘‘(8) Development of projects, training methods,

10 curriculum materials, and other materials and activi11 ties related to national service programs that receive

12 assistance directly from the Corporation (to be made

13 available in a case in which such a program requests

14 such a project, method, material, or activity) or from

15 the State using assistance provided under section 121,

16 for use by programs that request such projects, meth17 ods, materials, and activities.

18 ‘‘(f) ACTIVITY INELIGIBLE FOR ASSISTANCE.—A State

19 Commission or alternative administrative entity may not

20 directly carry out any national service program that re21 ceives assistance under section 121.

22 ‘‘(g) DELEGATION.—Subject to such requirements as

23 the Corporation may prescribe, a State Commission may

24 delegate nonpolicymaking duties to a State agency or public

25 or private not-for-profit organization.
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1 ‘‘(h) APPROVAL OF STATE COMMISSION OR ALTER2 NATIVE.—

3 ‘‘(1) SUBMISSION TO CORPORATION.—The chief

4 executive officer for a State shall notify the Corpora5 tion of the establishment or designation of the State

6 Commission or use of an alternative administrative

7 entity for the State. The notification shall include a

8 description of—

9 ‘‘(A) the composition and membership of the

10 State Commission or alternative administrative

11 entity; and

12 ‘‘(B) the authority of the State Commission

13 or alternative administrative entity regarding

14 national service activities carried out by the

15 State.

16 ‘‘(2) APPROVAL OF ALTERNATIVE ADMINISTRA17 TIVE ENTITY.—Any designation of a State Commis18 sion or use of an alternative administrative entity to

19 carry out the duties of a State Commission shall be

20 subject to the approval of the Corporation, which shall

21 not be unreasonably withheld. The Corporation shall

22 approve an alternative administrative entity if such

23 entity provides for individuals described in subsection

24 (c) to play a significant policymaking role in carry25 ing out the duties otherwise entrusted to a State Com-
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1 mission, including the duties described in paragraphs

2 (1) through (4) of subsection (e).

3 ‘‘(3) REJECTION.—The Corporation may reject a

4 State Commission if the Corporation determines that

5 the composition, membership, or duties of the State

6 Commission do not comply with the requirements of

7 this section. The Corporation may reject a request to

8 use an alternative administrative entity in lieu of a

9 State Commission if the Corporation determines that

10 the entity does not provide for individuals described

11 in subsection (c) to play a significant policymaking

12 role as described in paragraph (2). If the Corporation

13 rejects a State Commission or alternative administra14 tive entity under this paragraph, the Corporation

15 shall promptly notify the State of the reasons for the

16 rejection.

17 ‘‘(4) RESUBMISSION AND RECONSIDERATION.—

18 The Corporation shall provide a State notified under

19 paragraph (3) with a reasonable opportunity to revise

20 the rejected State Commission or alternative adminis21 trative entity. At the request of the State, the Cor22 poration shall provide technical assistance to the

23 State as part of the revision process. The Corporation

24 shall promptly reconsider any resubmission of a noti25 fication under paragraph (1) or application to use an
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1 alternative administrative entity under paragraph

2 (2).

3 ‘‘(5) SUBSEQUENT CHANGES.—This subsection

4 shall also apply to any change in the composition or

5 duties of a State Commission or an alternative ad6 ministrative entity made after approval of the State

7 Commission or the alternative administrative entity.

8 ‘‘(6) RIGHTS, BENEFITS, AND SUPPORT.—An al9 ternative administrative entity approved by the Cor10 poration under this subsection shall have the same

11 rights as a State Commission, and shall receive from

12 the Corporation the same benefits and support as the

13 Corporation provides to a State Commission.

14 ‘‘(i) COORDINATION.—

15 ‘‘(1) COORDINATION WITH OTHER STATE AGEN16 CIES.—The State Commission or alternative adminis17 trative entity for a State shall coordinate the activi18 ties of the Commission or entity under this Act with

19 the activities of other State agencies that administer

20 Federal financial assistance programs under the

21 Community Services Block Grant Act (42 U.S.C.

22 9901 et seq.) or other appropriate Federal financial

23 assistance programs.

24 ‘‘(2) COORDINATION WITH VOLUNTEER SERVICE

25 PROGRAMS.—
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1 ‘‘(A) IN GENERAL.—The State Commission

2 or alternative administrative entity for a State

3 shall coordinate functions of the Commission or

4 entity (including recruitment, public awareness,

5 and training activities) with such functions of

6 any division of ACTION, or of the Corporation,

7 that carries out volunteer service programs in

8 the State.

9 ‘‘(B) AGREEMENT.—In coordinating func10 tions under this paragraph, such Commission or

11 entity, and such division, may enter into an

12 agreement to—

13 ‘‘(i) carry out such a function jointly;

14 ‘‘(ii) to assign responsibility for such a

15 function to the Commission or entity; or

16 ‘‘(iii) to assign responsibility for such

17 a function to the division.

18 ‘‘(C) INFORMATION.—The State Commission

19 or alternative entity for a State, and the head of

20 any such division, shall exchange information

21 about—

22 ‘‘(i) the programs carried out in the

23 State by the Commission, entity, or divi24 sion, as appropriate; and
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1 ‘‘(ii) opportunities to coordinate ac2 tivities.

3 ‘‘(j) LIABILITY.—

4 ‘‘(1) LIABILITY OF STATE.—Except as provided

5 in paragraph (2)(B), a State shall agree to assume li6 ability with respect to any claim arising out of or re7 sulting from any act or omission by a member of the

8 State Commission or alternative administrative en9 tity of the State, within the scope of the service of the

10 member on the State Commission or alternative ad11 ministrative entity.

12 ‘‘(2) OTHER CLAIMS.—

13 ‘‘(A) IN GENERAL.—A member of the State

14 Commission or alternative administrative entity

15 shall have no personal liability with respect to

16 any claim arising out of or resulting from any

17 act or omission by such person, within the scope

18 of the service of the member on the State Com19 mission or alternative administrative entity.

20 ‘‘(B) LIMITATION.—This paragraph shall

21 not be construed to limit personal liability for

22 criminal acts or omissions, willful or malicious

23 misconduct, acts or omissions for private gain,

24 or any other act or omission outside the scope of
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1 the service of such member on the State Commis2 sion or alternative administrative entity.

3 ‘‘(3) EFFECT ON OTHER LAW.—This subsection

4 shall not be construed—

5 ‘‘(A) to affect any other immunities and

6 protections that may be available to such mem7 ber under applicable law with respect to such

8 service;

9 ‘‘(B) to affect any other right or remedy

10 against the State under applicable law, or

11 against any person other than a member of the

12 State Commission or alternative administrative

13 entity; or

14 ‘‘(C) to limit or alter in any way the im15 munities that are available under applicable law

16 for State officials and employees not described in

17 this subsection.’’.

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 178 and inserting the following new

22 item:

‘‘Sec. 178. State Commissions on National and Community Service.’’.

23 (c) EFFECTIVE DATE.—The amendments made by this

24 section shall take effect on October 1, 1993.

25 (d) TRANSITIONAL PROVISIONS.—
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1 (1) USE OF ALTERNATIVES TO STATE COMMIS2 SION.—If a State does not have a State Commission

3 on National and Community Service that satisfies the

4 requirements specified in section 178 of the National

5 and Community Service Act of 1990, as amended by

6 subsection (a), the Corporation for National and

7 Community Service may authorize the chief executive

8 of the State to use an existing agency of the State to

9 perform the duties otherwise reserved to a State Com10 mission under subsection (e) of such section.

11 (2) APPLICATION OF SUBSECTION.—This sub12 section shall apply only during the 1-year period be13 ginning on the date of the enactment of this Act.

14 SEC. 202. INTERIM AUTHORITIES OF THE CORPORATION

15 FOR NATIONAL AND COMMUNITY SERVICE

16 AND ACTION AGENCY.

17 (a) NATIONAL AND COMMUNITY SERVICE ACT OF

18 1990.—Subtitle G of title I of the National and Community

19 Service Act of 1990 (42 U.S.C. 12651) is amended to read

20 as follows:
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1 ‘‘Subtitle G—Corporation for

2 National and Community Service

3 ‘‘SEC. 191. CORPORATION FOR NATIONAL AND COMMUNITY

4 SERVICE.

5 ‘‘There is established a Corporation for National and

6 Community Service that shall administer the programs es7 tablished under this Act. The Corporation shall be a Gov8 ernment corporation, as defined in section 103 of title 5,

9 United States Code.

10 ‘‘SEC. 192. BOARD OF DIRECTORS.

11 ‘‘(a) COMPOSITION.—

12 ‘‘(1) IN GENERAL.—There shall be in the Cor13 poration a Board of Directors (referred to in this sub14 title as the ‘Board’) that shall be composed of—

15 ‘‘(A) 15 members, including an individual

16 between the ages of 16 and 25 who—

17 ‘‘(i) has served in a school-based or

18 community-based service-learning program;

19 or

20 ‘‘(ii) is a participant or a supervisor

21 in a program,

22 to be appointed by the President of the United

23 States, by and with the advice and consent of the

24 Senate;
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1 ‘‘(B) the President of the Corporation, who

2 shall serve as an ex officio nonvoting member;

3 and

4 ‘‘(C) the ex officio nonvoting members de5 scribed in paragraph (3).

6 ‘‘(2) QUALIFICATIONS.—To the maximum extent

7 practicable, the President of the United States shall

8 appoint members—

9 ‘‘(A) who have extensive experience in vol10 unteer or service activities, such as—

11 ‘‘(i) activities funded under the na12 tional service laws; and

13 ‘‘(ii) Federal financial assistance ac14 tivities, such as—

15 ‘‘(I) activities under the Head

16 Start Act (42 U.S.C. 9831 et seq.);

17 ‘‘(II) activities under the Commu18 nity Services Block Grant Act (42

19 U.S.C. 9901 et seq.); or

20 ‘‘(III) antipoverty activities under

21 other Federal law;

22 that have a volunteer or service focus;

23 ‘‘(B) who represent a broad range of view24 points;
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1 ‘‘(C) who are experts in the delivery of

2 human, educational, environmental, or public

3 safety services, or are experts in the delivery of

4 services by veterans;

5 ‘‘(D) that include at least one representative

6 of local educators and at least one representative

7 of community-based agencies;

8 ‘‘(E) so that the Board shall be diverse with

9 respect to race, ethnicity, age, gender, and dis10 ability characteristics; and

11 ‘‘(F) so that no more than 8 appointed

12 members of the Board are from a single political

13 party.

14 ‘‘(3) EX OFFICIO MEMBERS.—The Secretary of

15 Veterans Affairs, the Secretary of Education, the Sec16 retary of Health and Human Services, the Secretary

17 of Labor, the Secretary of the Interior, the Secretary

18 of Agriculture, the Secretary of Housing and Urban

19 Development, the Secretary of Defense, the Attorney

20 General, the Director of the Peace Corps, and the Ad21 ministrator of the Environmental Protection Agency

22 shall serve as ex officio nonvoting members of the

23 Board.

24 ‘‘(b) OFFICERS.—
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1 ‘‘(1) CHAIRPERSON AND VICE CHAIRPERSON.—

2 The Board shall elect a Chairperson and a Vice

3 Chairperson from among its membership.

4 ‘‘(2) OTHER OFFICERS.—The Board may elect

5 from among its membership such additional officers

6 of the Board as the Board determines to be appro7 priate.

8 ‘‘(c) TERMS.—Each appointed member of the Board

9 shall serve for a term of 3 years, except that 5 of the mem10 bers first appointed to the Board after the date of enactment

11 of this section shall serve for a term of 1 year and 5 shall

12 serve for a term of 2 years, as designated by the President

13 of the United States.

14 ‘‘(d) VACANCIES.—As vacancies occur on the Board,

15 new members shall be appointed by the President of the

16 United States, by and with the advice and consent of the

17 Senate, and serve for the remainder of the term for which

18 the predecessor of such member was appointed. The vacancy

19 shall not affect the power of the remaining members to exe20 cute the duties of the Board.

21 ‘‘SEC. 192A. AUTHORITIES AND DUTIES OF THE BOARD OF

22 DIRECTORS.

23 ‘‘(a) MEETINGS.—The Board shall meet not less than

24 3 times each year. The Board shall hold additional meetings
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1 at the call of the Chairperson of the Board, or if 6 members

2 of the Board request such meetings in writing.

3 ‘‘(b) QUORUM.—A majority of the appointed members

4 of the Board shall constitute a quorum.

5 ‘‘(c) AUTHORITIES OF OFFICERS.—

6 ‘‘(1) CHAIRPERSON.—The Chairperson of the

7 Board may call and conduct meetings of the Board.

8 ‘‘(2) VICE CHAIRPERSON.—The Vice Chairperson

9 of the Board may conduct meetings of the Board in

10 the absence of the Chairperson.

11 ‘‘(d) EXPENSES.—While away from their homes or reg12 ular places of business on the business of the Board, mem13 bers of such Board shall be allowed travel expenses, includ14 ing per diem in lieu of subsistence, at rates authorized for

15 employees of agencies under subchapter I of chapter 57 of

16 title 5, United States Code, for persons employed intermit17 tently 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 law,

21 a member of the Board (to whom such provisions would

22 not otherwise apply except for this subsection) shall be a

23 special Government employee.

24 ‘‘(f) STATUS OF MEMBERS.—
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1 ‘‘(1) TORT CLAIMS.—For the purposes of the tort

2 claims provisions of chapter 171 of title 28, United

3 States Code, a member of the Board shall be consid4 ered to be a Federal employee.

5 ‘‘(2) OTHER CLAIMS.—A member of the Board

6 shall have no personal liability under Federal law

7 with respect to any claim arising out of or resulting

8 from any act or omission by such person, within the

9 scope of the service of the member on the Board, in

10 connection with any transaction involving the provi11 sion 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 described

6 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, payment,

14 and positions 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 President regard22 ing, the actions of the President with respect to the

23 personnel of the Corporation, and with respect to such

24 standards, policies, procedures, programs, and initia-
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1 tives as are necessary or appropriate to carry out this

2 Act; and

3 ‘‘(B) inform the President of any aspects of the

4 actions of the President that are not in compliance

5 with the annual strategic plan referred to in para6 graph (1), the proposals referred to in paragraphs (2)

7 and (3), or the plan referred to in paragraph (4), or

8 are not consistent with the objectives of this Act;

9 ‘‘(6) receive any report as provided under section

10 8E (b), (c), or (d) of the Inspector General Act of

11 1978;

12 ‘‘(7) make recommendations relating to a pro13 gram of research for the Corporation with respect to

14 national and community service programs, including

15 service-learning programs;

16 ‘‘(8) advise the President of the United States

17 and the Congress concerning developments in national

18 and community service that merit the attention of the

19 President of the United States and the Congress;

20 ‘‘(9) ensure effective dissemination of informa21 tion regarding the programs and initiatives of the

22 Corporation; and

23 ‘‘(10) prepare and make recommendations to the

24 Congress and the President of the United States for

25 changes in this Act resulting from the studies and
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1 demonstrations the President of the Corporation is re2 quired to carry out under section 193A(b)(10), which

3 recommendations shall be submitted to the Congress

4 and President of the United States not later than

5 September 30, 1995.

6 ‘‘(h) ADMINISTRATION.—The Federal Advisory Com7 mittee Act (5 U.S.C. App.) shall not apply with respect to

8 the Board.

9 ‘‘SEC. 193. PRESIDENT.

10 ‘‘(a) APPOINTMENT.—The Corporation shall be headed

11 by an individual who shall serve as President of the Cor12 poration, and who shall be appointed by the President of

13 the United States, by and with the advice and consent of

14 the Senate.

15 ‘‘(b) COMPENSATION.—The President shall be com16 pensated at the rate provided for level III of the Executive

17 Schedule under section 5314 of title 5, United States Code.

18 ‘‘(c) REGULATIONS.—The President shall prescribe

19 such rules and regulations as are necessary or appropriate

20 to carry out this Act.

21 ‘‘SEC. 193A. AUTHORITIES AND DUTIES OF THE PRESIDENT.

22 ‘‘(a) GENERAL POWERS AND DUTIES.—The President

23 shall be responsible for the exercise of the powers and the

24 discharge of the duties of the Corporation that are not re25 served to the Board, and shall have authority and control
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1 over all personnel of the Corporation, except as provided

2 in section 194(b)(4).

3 ‘‘(b) DUTIES.—In addition to the duties conferred on

4 the President under any other provision of this Act, the

5 President shall—

6 ‘‘(1) prepare and submit to the Board a strategic

7 plan every 3 years, and annual updates of the plan,

8 for the Corporation with respect to the major func9 tions and operations of the Corporation;

10 ‘‘(2)(A) prepare and submit to the Board a pro11 posal with respect to such grants and allotments, con12 tracts, other financial assistance, and designation of

13 positions as approved national service positions, as

14 are necessary or appropriate to carry out this Act;

15 and

16 ‘‘(B) after receiving and reviewing an approved

17 proposal under section 192A(g)(2), make such grants

18 and allotments, enter into such contracts, award such

19 other financial assistance, make such payments (in

20 lump sum or installments, and in advance or by way

21 of reimbursement, and in the case of financial assist22 ance otherwise authorized under this Act, with nec23 essary adjustments on account of overpayments and

24 underpayments), and designate such positions as ap-
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1 proved national service positions as are necessary or

2 appropriate to carry out this Act;

3 ‘‘(3)(A) prepare and submit to the Board a pro4 posal regarding, the regulations established under sec5 tion 195(a)(4)(B)(i), and such other standards,

6 policies, procedures, programs, and initiatives as are

7 necessary or appropriate to carry out this Act; and

8 ‘‘(B) after receiving and reviewing an approved

9 proposal under section 192A(g)(3)—

10 ‘‘(i) establish such standards, policies, and

11 procedures as are necessary or appropriate to

12 carry out this Act; and

13 ‘‘(ii) establish and administer such pro14 grams and initiatives as are necessary or appro15 priate to carry out this Act;

16 ‘‘(4)(A) prepare and submit to the Board a plan

17 for the evaluation of programs established under this

18 Act, in accordance with section 179; and

19 ‘‘(B) after receiving an approved proposal under

20 section 192A(g)(4)—

21 ‘‘(i) establish measurable performance goals

22 and objectives for such programs, in accordance

23 with section 179; and

24 ‘‘(ii) provide for periodic evaluation of such

25 programs to assess the manner and extent to
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1 which the programs achieve the goals and objec2 tives, in accordance with such section;

3 ‘‘(5) consult with appropriate Federal agencies

4 in administering the programs and initiatives;

5 ‘‘(6) suspend or terminate payments and posi6 tions described in paragraph (2)(B), in accordance

7 with section 176;

8 ‘‘(7) prepare and submit to the Board an annual

9 report, and such interim reports as may be necessary,

10 describing the major actions of the President with re11 spect to the personnel of the Corporation, and with

12 respect to such standards, policies, procedures, pro13 grams, and initiatives;

14 ‘‘(8) inform the Board of, and provide an expla15 nation to the Board regarding, any substantial dif16 ferences regarding the implementation of this Act be17 tween—

18 ‘‘(A) the actions of the President; and

19 ‘‘(B)(i) the strategic plan approved by the

20 Board under section 192A(g)(1);

21 ‘‘(ii) the proposals approved by the Board

22 under paragraph (2) or (3) of section 192A(g);

23 or

24 ‘‘(iii) the evaluation plan approved by the

25 Board under section 192A(g)(4);
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1 ‘‘(9) prepare and submit to the appropriate com2 mittees of Congress an annual report, and such in3 terim reports as may be necessary, describing—

4 ‘‘(A) the services referred to in paragraph

5 (1), and the money and property referred to in

6 paragraph (2), of section 196(a) that have been

7 accepted by the Corporation;

8 ‘‘(B) the manner in which the Corporation

9 used or disposed of such services, money, and

10 property; and

11 ‘‘(C) information on the results achieved by

12 the programs funded under this Act during the

13 year preceding the year in which the report is

14 prepared; and

15 ‘‘(10) provide for studies and demonstrations

16 that evaluate, and prepare and submit to the Board

17 by June 30, 1995 a report containing recommenda18 tions regarding, issues related to—

19 ‘‘(A) the administration and organization

20 of programs authorized under the national serv21 ice laws or under Public Law 91–378 (referred

22 to in this subparagraph as ‘service programs’),

23 including—

24 ‘‘(i) whether the State and national

25 priorities designed to meet the unmet
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1 human, education, environmental, or public

2 safety needs described in section 122(c)(1)

3 are being addressed by this Act;

4 ‘‘(ii) the manner in which—

5 ‘‘(I) educational and other out6 comes of both stipended and

7 nonstipended service and service-learn8 ing are defined and measured in such

9 service programs; and

10 ‘‘(II) such outcomes should be de11 fined and measured in such service

12 programs;

13 ‘‘(iii) whether stipended service pro14 grams, and service programs providing edu15 cational benefits in return for service,

16 should focus on economically disadvantaged

17 individuals or at-risk youth or whether such

18 programs should include a mix of individ19 uals, including individuals from middle20 and upper-income families;

21 ‘‘(iv) the role and importance of sti22 pends and educational benefits in achieving

23 desired outcomes in the service programs;

24 ‘‘(v) the potential for cost savings and

25 coordination of support and oversight serv-
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1 ices from combining functions performed by

2 ACTION State offices and State Commis3 sions;

4 ‘‘(vi) the implications of the results

5 from such studies and demonstrations for

6 authorized funding levels for the service pro7 grams; and

8 ‘‘(vii) other issues that the Director de9 termines to be relevant to the administra10 tion and organization of the service pro11 grams; and

12 ‘‘(B) the number, potential consolidation,

13 and future organization of national service or

14 domestic volunteer service programs that are au15 thorized under Federal law, including VISTA,

16 service corps assisted under subtitle C and other

17 programs authorized by this Act, programs ad18 ministered by the Public Health Service, the De19 partment of Defense, or other Federal agencies,

20 programs regarding teacher corps, and programs

21 regarding work-study and higher education loan

22 forgiveness or forbearance programs authorized

23 by the Higher Education Act of 1965 related to

24 community service.
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1 ‘‘(c) POWERS.—In addition to the authority conferred

2 on the President under any other provision of this Act, the

3 President may—

4 ‘‘(1) establish, alter, consolidate, or discontinue

5 such organizational units or components within the

6 Corporation as the President considers necessary or

7 appropriate, consistent with Federal law, and shall,

8 to the maximum extent practicable, consolidate such

9 units or components of the division of the Corporation

10 that carries out volunteer service programs and the

11 division of the Corporation that carries out financial

12 assistance programs as may be appropriate to enable

13 the two divisions to coordinate common support func14 tions, such as recruiting, public awareness, or train15 ing functions;

16 ‘‘(2) with the approval of the President of the

17 United States, arrange with and reimburse the heads

18 of other Federal agencies for the performance of any

19 of the provisions of this Act;

20 ‘‘(3) with their consent, utilize the services and

21 facilities of Federal agencies with or without reim22 bursement, and, with the consent of any State, or po23 litical subdivision of a State, accept and utilize the

24 services and facilities of the agencies of such State or

25 subdivisions without reimbursement;
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1 ‘‘(4) allocate and expend funds made available

2 under this Act, including expenditure for construc3 tion, repairs, and capital improvements;

4 ‘‘(5) disseminate, without regard to the provi5 sions of section 3204 of title 39, United States Code,

6 data and information, in such form as the President

7 shall determine to be appropriate to public agencies,

8 private organizations, and the general public;

9 ‘‘(6) collect or compromise all obligations to or

10 held by the President and all legal or equitable rights

11 accruing to the President in connection with the pay12 ment of obligations in accordance with chapter 37 of

13 title 31, United States Code (commonly known as the

14 ‘Federal Claims Collection Act of 1966’);

15 ‘‘(7) expend funds made available for purposes of

16 this Act for rent of buildings and space in buildings

17 and for repair, alteration, and improvement of build18 ings and space in buildings rented by the President;

19 ‘‘(8) file a civil action in any court of record of

20 a State having general jurisdiction or in any district

21 court of the United States, with respect to a claim

22 arising under this Act;

23 ‘‘(9) exercise the authorities of the Corporation

24 under section 196;
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1 ‘‘(10) consolidate the reports to Congress required

2 under this Act, and the report required under section

3 9106 of title 31, United States Code, into a single re4 port, and submit the report to Congress on an annual

5 basis; and

6 ‘‘(11) generally perform such functions and take

7 such steps consistent with the objectives and provi8 sions of this Act, as the President determines to be

9 necessary or appropriate to carry out such provisions.

10 ‘‘(d) DELEGATION.—

11 ‘‘(1) DEFINITION.—As used in this subsection,

12 the term ‘function’ means any duty, obligation,

13 power, authority, responsibility, right, privilege, ac14 tivity, or program.

15 ‘‘(2) IN GENERAL.—Except as otherwise prohib16 ited by law or provided in this Act, the President

17 may delegate any function under this Act, and au18 thorize such successive redelegations of such function

19 as may be necessary or appropriate. No delegation of

20 a function by the President under this subsection or

21 under any other provision of this Act shall relieve

22 such President of responsibility for the administra23 tion of such function.
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1 ‘‘(3) FUNCTION OF BOARD.—The President may

2 not delegate a function of the Board without the per3 mission of the Board.

4 ‘‘(e) ACTIONS.—In an action described in subsection

5 (c)(8)—

6 ‘‘(1) a district court referred to in such sub7 section shall have jurisdiction of such a civil action

8 without regard to the amount in controversy;

9 ‘‘(2) such an action brought by the President

10 shall survive notwithstanding any change in the per11 son occupying the office of President or any vacancy

12 in that office;

13 ‘‘(3) no attachment, injunction, garnishment, or

14 other similar process, mesne or final, shall be issued

15 against the President or the Board or property under

16 the control of the President or the Board; and

17 ‘‘(4) nothing in this section shall be construed to

18 except litigation arising out of activities under this

19 Act from the application of sections 509, 517, 547,

20 and 2679 of title 28, United States Code.

21 ‘‘SEC. 194. OFFICERS.

22 ‘‘(a) MANAGING DIRECTORS.—

23 ‘‘(1) IN GENERAL.—There shall be in the Cor24 poration 2 Managing Directors, who shall be ap25 pointed by the President of the United States, by and
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1 with the advice and consent of the Senate, and who

2 shall report to the President.

3 ‘‘(2) COMPENSATION.—The Managing Directors

4 shall be compensated at the rate provided for level IV

5 of the Executive Schedule under section 5315 of title

6 5, United States Code.

7 ‘‘(3) DUTIES.—

8 ‘‘(A) VOLUNTEER SERVICE PROGRAMS.—

9 One of the Managing Directors shall be pri10 marily responsible for the volunteer service pro11 grams carried out by the Corporation.

12 ‘‘(B) INVESTMENT PROGRAMS.—The other

13 Managing Director shall be primarily respon14 sible for the financial assistance programs car15 ried out by the Corporation.

16 ‘‘(b) INSPECTOR GENERAL.—

17 ‘‘(1) OFFICE.—There shall be in the Corporation

18 an Office of the Inspector General.

19 ‘‘(2) APPOINTMENT.—The Office shall be headed

20 by an Inspector General, appointed in accordance

21 with the Inspector General Act of 1978.

22 ‘‘(3) COMPENSATION.—The Inspector General

23 shall be compensated at the rate provided for level IV

24 of the Executive Schedule under section 5315 of title

25 5, United States Code.
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1 ‘‘(c) CHIEF FINANCIAL OFFICER.—

2 ‘‘(1) OFFICE.—There shall be in the Corporation

3 a Chief Financial Officer, who shall be appointed by

4 the President of the United States, by and with the

5 advice and consent of the Senate.

6 ‘‘(2) COMPENSATION.—The Chief Financial Offi7 cer shall be compensated at the rate provided for level

8 IV of the Executive Schedule under section 5315 of

9 title 5, United States Code.

10 ‘‘(3) DUTIES.—The Chief Financial Officer

11 shall—

12 ‘‘(A) report directly to the President regard13 ing financial management matters;

14 ‘‘(B) oversee all financial management ac15 tivities relating to the programs and operations

16 of the Corporation;

17 ‘‘(C) develop and maintain an integrated

18 accounting and financial management system

19 for the Corporation, including financial report20 ing and internal controls;

21 ‘‘(D) develop and maintain any joint finan22 cial management systems with the Department

23 of Education necessary to carry out the pro24 grams of the Corporation; and
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1 ‘‘(E) direct, manage, and provide policy

2 guidance and oversight of the financial manage3 ment personnel, activities, and operations of the

4 Corporation.

5 ‘‘SEC. 195. EMPLOYEES, CONSULTANTS, AND OTHER PER6 SONNEL.

7 ‘‘(a) EMPLOYEES.—

8 ‘‘(1) IN GENERAL.—Except as provided in sec9 tion 194(b)(4), it is within the exclusive discretion of

10 the President to appoint and determine the compensa11 tion of such employees as the President determines to

12 be necessary to carry out the duties of the Corpora13 tion.

14 ‘‘(2) CIVIL SERVICE PROTECTIONS.—

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

16 subparagraph (B), the provisions of title 5, Unit17 ed States Code, shall apply with respect to the

18 Corporation and the employees of the Corpora19 tion.

20 ‘‘(B) APPOINTMENT AND COMPENSATION.—

21 Except as provided in section 194(b)(4), it is

22 within the exclusive discretion of the President to

23 appoint and determine the compensation of em24 ployees under this subsection without regard to

25 the provisions of title 5, United States Code, gov-
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1 erning appointments in the competitive service,

2 and without regard to the provisions of chapter

3 51 and subchapter III of chapter 53 of such title

4 relating to classification and General Schedule

5 pay rates (other than the provisions described in

6 clauses (iii) and (iv) of paragraph (4)(B)).

7 ‘‘(3) APPOINTMENT IN THE COMPETITIVE SERV8 ICE AFTER EMPLOYMENT IN THE CORPORATION.—

9 ‘‘(A) EMPLOYEES WITH NOT LESS THAN 3

10 YEARS OF EMPLOYMENT.—If an employee, other

11 than a representative described in subsection (b),

12 is separated from the Corporation (other than by

13 removal for cause), and has been continuously

14 employed by the Corporation for a period of not

15 less than 3 years, such period shall be treated as

16 a period of service in the competitive service for

17 purposes of chapter 33 of title 5, United States

18 Code.

19 ‘‘(B) EMPLOYEES WITH NOT LESS THAN 1

20 BUT LESS THAN 3 YEARS OF EMPLOYMENT.—If

21 an employee, other than a representative de22 scribed in subsection (b), is separated from the

23 Corporation (other than by removal for cause),

24 and has been continuously employed by the Cor25 poration for a period of not less than 1 year, but
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1 less than 3 years, such period shall be treated as

2 a period of service in the competitive service for

3 purposes of chapter 33 of title 5, United States

4 Code, until the date that is 3 years after the date

5 of separation.

6 ‘‘(C) DEFINITION.—As used in this para7 graph, the term ‘competitive service’ has the

8 meaning given the term in section 2102 of title

9 5, United States Code.

10 ‘‘(4) APPOINTMENT AND COMPENSATION.—

11 ‘‘(A) IN GENERAL.—The Chairperson shall

12 appoint and determine the compensation of em13 ployees referred to in paragraph (1), in accord14 ance with the appointment and compensation

15 systems referred to in subparagraph (B).

16 ‘‘(B) CORPORATION APPOINTMENT AND COM17 PENSATION SYSTEMS.—

18 ‘‘(i) ESTABLISHMENT OF SYSTEM.—

19 The President, after reviewing the approved

20 proposal of the Board under section

21 192A(g)(3) and after obtaining the approval

22 of the Director of the Office of Personnel

23 Management, shall issue regulations estab24 lishing appointment and compensation sys25 tems for the Corporation.
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1 ‘‘(ii) CONTENT AND CONSIDER2 ATIONS.—In issuing such regulations, the

3 President shall—

4 ‘‘(I) establish appropriate ap5 pointment and compensation mecha6 nisms for the representatives described

7 in subsection (b); and

8 ‘‘(II) take into consideration the

9 need for flexibility in such a system.

10 ‘‘(iii) APPOINTMENT SYSTEM.—The ap11 pointment system shall require that the ap12 pointment of such an employee be—

13 ‘‘(I) on the basis of the qualifica14 tions of applicants and the require15 ments of the position, in accordance

16 with the merit system principles set

17 forth in section 2301(b) of title 5,

18 United States Code; and

19 ‘‘(II) through a competitive proc20 ess.

21 ‘‘(iv) COMPENSATION SYSTEM.—

22 ‘‘(I) IN GENERAL.—The com23 pensation system shall include a

24 scheme for the classification of posi25 tions in the Corporation. The system
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1 shall require that the compensation of

2 such an employee be determined based

3 in part on the job performance of the

4 employee, and in a manner consistent

5 with the principles described in section

6 5301 of title 5, United States Code.

7 ‘‘(II) LIMITATION ON EMPLOYEE

8 COMPENSATION.—The rate of com9 pensation for each employee com10 pensated through the system shall not

11 exceed the annual rate of basic pay

12 payable for level IV of the Executive

13 Schedule under section 5315 of title 5,

14 United States Code.

15 ‘‘(III) LIMITATION ON COMPENSA16 TION OF REPRESENTATIVE.—The rate

17 of pay for a representative described in

18 subsection (b) shall not exceed the max19 imum rate of basic pay payable for

20 grade GS–13 of the General Schedule

21 under section 5332 of title 5, United

22 States Code.

23 ‘‘(5) RETENTION OF CIVIL SERVICE RIGHTS.—

24 ‘‘(A) RETENTION OF COMPETITIVE SERVICE

25 RIGHTS.—An individual who—
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1 ‘‘(i) was an employee of ACTION or

2 the Commission on National and Commu3 nity Service who served under a permanent

4 appointment on the day before the date of

5 enactment of this subtitle in—

6 ‘‘(I) a position in the competitive

7 service; or

8 ‘‘(II) a career appointee position

9 in the Senior Executive Service;

10 ‘‘(ii) is transferred to the Corporation

11 under section 202(c) or 203(c) of the Na12 tional and Community Service Trust Act of

13 1993; and

14 ‘‘(iii) accepts a position established

15 under paragraph (4) in the Corporation,

16 shall be appointed to a position in the competi17 tive service of the Corporation.

18 ‘‘(B) DURATION OF POSITION IN COMPETI19 TIVE SERVICE.—During the period of employ20 ment of such an employee in a position, the posi21 tion shall be a position in the competitive serv22 ice. After such period of employment, the posi23 tion shall be a position in the excepted service

24 unless the President appoints an individual to
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1 such position in accordance with the provisions

2 described in subsection (a)(2).

3 ‘‘(C) ESTABLISHMENT OF POSITIONS.—With

4 respect to a position vacancy or a position to be

5 established in the Corporation, the President—

6 ‘‘(i) shall select the individual to be

7 appointed to such position in accordance

8 with the regulations promulgated under

9 paragraph (4);

10 ‘‘(ii) if the individual to be appointed

11 to the position is an individual described in

12 subparagraph (A), shall establish the posi13 tion as a position in the competitive service;

14 and

15 ‘‘(iii) if the individual to be so ap16 pointed is not an individual described in

17 subparagraph (A)—

18 ‘‘(I) may establish the position as

19 a position in the excepted service; and

20 ‘‘(II) in an exceptional case in

21 which the individual, immediately

22 prior to accepting the position, served

23 under a permanent appointment in a

24 position described in subclause (I) or

25 (II) of subparagraph (A)(i), may es-
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1 tablish the position as a position in the

2 competitive service,

3 in any case in which an individual described in

4 subparagraph (A) is an employee of the Corpora5 tion and is eligible to be appointed to such posi6 tion.

7 ‘‘(D) DEFINITIONS.—As used in this para8 graph:

9 ‘‘(i) COMPETITIVE SERVICE.—The term

10 ‘competitive service’ has the meaning given

11 the term in section 2102 of title 5, United

12 States Code.

13 ‘‘(ii) EXCEPTED SERVICE.—The term

14 ‘excepted service’ has the meaning given the

15 term in section 2103 of title 5, United

16 States Code.

17 ‘‘(iii) SENIOR EXECUTIVE SERVICE.—

18 The term ‘Senior Executive Service’ has the

19 meaning given the term in section 2101a of

20 title 5, United States Code.

21 ‘‘(b) CORPORATION REPRESENTATIVE IN EACH

22 STATE.—

23 ‘‘(1) DESIGNATION OF REPRESENTATIVE.—The

24 Corporation shall designate 1 employee of the Cor25 poration for each State or group of States to serve as
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1 the representative of the Corporation in the State or

2 States and to assist the Corporation in carrying out

3 the activities described in this Act in the State or

4 States.

5 ‘‘(2) DUTIES.—The representative designated

6 under this subsection for a State or group of States

7 shall serve as the liaison between—

8 ‘‘(A) the Corporation and the State Com9 mission that is established in the State or States;

10 ‘‘(B) the Corporation and any subdivision

11 of a State, Indian tribe, public or private non12 profit organization, or institution of higher edu13 cation, in the State or States, that is awarded a

14 grant under section 121 directly from the Cor15 poration; and

16 ‘‘(C) the State Commission and the Cor17 poration employee responsible for volunteer serv18 ice programs in the State, if the employee is not

19 the representative described in paragraph (1) for

20 the State.

21 ‘‘(3) MEMBER OF STATE COMMISSION.—The rep22 resentative designated under this subsection for a

23 State or group of States shall also serve as an ex

24 officio nonvoting member of the State Commission es25 tablished in the State or States.
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1 ‘‘(c) CONSULTANTS.—The President may procure the

2 temporary and intermittent services of experts and consult3 ants and compensate the experts and consultants in accord4 ance with section 3109(b) of title 5, United States Code.

5 ‘‘(d) DETAILS OF PERSONNEL.—The head of any Fed6 eral department or agency may detail on a reimbursable

7 basis, or on a nonreimbursable basis for not to exceed 180

8 calendar days during any fiscal year, as agreed upon by

9 the President and the head of the Federal agency, any of

10 the personnel of that department or agency to the Corpora11 tion to assist the Corporation in carrying out the duties

12 of the Corporation under this Act. Any detail shall not in13 terrupt or otherwise affect the civil service status or privi14 leges of the Federal employee.

15 ‘‘(e) ADVISORY COMMITTEES.—

16 ‘‘(1) ESTABLISHMENT.—The President, acting

17 upon the recommendation of the Board, may establish

18 advisory committees in the Corporation to advise the

19 Board with respect to national service issues, such as

20 the type of programs to be established or assisted

21 under the national service laws, priorities and cri22 teria for such programs, and methods of conducting

23 outreach for, and evaluation of, such programs.

24 ‘‘(2) COMPOSITION.—Such an advisory commit25 tee shall be composed of members appointed by the
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1 President, with such qualifications as the President

2 may specify.

3 ‘‘(3) EXPENSES.—Members of such an advisory

4 committee may be allowed travel expenses as described

5 in section 192A(d).

6 ‘‘(4) STAFF.—The President is authorized to ap7 point and fix the compensation of such staff as the

8 President determines to be necessary to carry out the

9 functions of the advisory committee, in accordance

10 with subsection (a)(2), and without regard to the se11 lection and compensation systems described in sub12 section (a)(4)(B). Such compensation shall not exceed

13 the rate described in subsection (a)(4)(B)(iv)(III).

14 ‘‘SEC. 196. ADMINISTRATION.

15 ‘‘(a) DONATIONS.—

16 ‘‘(1) SERVICES.—

17 ‘‘(A) VOLUNTEERS.—Notwithstanding sec18 tion 1342 of title 31, United States Code, the

19 Corporation may solicit and accept the vol20 untary services of individuals to assist the Cor21 poration in carrying out the duties of the Cor22 poration under this Act, and may provide to

23 such individuals the travel expenses described in

24 section 192A(d).
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1 ‘‘(B) LIMITATION.—Such a volunteer shall

2 not be considered to be a Federal employee and

3 shall not be subject to the provisions of law relat4 ing to Federal employment, including those re5 lating to hours of work, rates of compensation,

6 leave, unemployment compensation, and Federal

7 employee benefits, except that—

8 ‘‘(i) for the purposes of the tort claims

9 provisions of chapter 171 of title 28, United

10 States Code, a volunteer under this subtitle

11 shall be considered to be a Federal em12 ployee;

13 ‘‘(ii) for the purposes of subchapter I of

14 chapter 81 of title 5, United States Code,

15 relating to compensation to Federal employ16 ees for work injuries, volunteers under this

17 subtitle shall be considered to be employees,

18 as defined in section 8101(1)(B) of title 5,

19 United States Code, and the provisions of

20 such subchapter shall apply; and

21 ‘‘(iii) for purposes of the provisions of

22 chapter 11 of part I of title 18, United

23 States Code, such a volunteer (to whom such

24 provisions would not otherwise apply except
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1 for this subsection) shall be a special Gov2 ernment employee.

3 ‘‘(C) INHERENTLY GOVERNMENTAL FUNC4 TION.—

5 ‘‘(i) IN GENERAL.—Such a volunteer

6 shall not carry out an inherently govern7 mental function.

8 ‘‘(ii) REGULATIONS.—The President

9 shall promulgate regulations to carry out

10 this subparagraph.

11 ‘‘(iii) INHERENTLY GOVERNMENTAL

12 FUNCTION.—As used in this subparagraph,

13 the term ‘inherently governmental function’

14 means any activity that is so intimately re15 lated to the public interest as to mandate

16 performance by an officer or employee of the

17 Federal Government, including an activity

18 that requires either the exercise of discretion

19 in applying the authority of the Govern20 ment or the use of value judgment in mak21 ing a decision for the Government.

22 ‘‘(2) PROPERTY.—

23 ‘‘(A) IN GENERAL.—The Corporation may

24 solicit, accept, hold, administer, use, and dispose

25 of, in furtherance of the purposes of this Act, do-
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1 nations of any money or property, real, per2 sonal, or mixed, tangible or intangible, received

3 by gift, devise, bequest, or otherwise. Donations

4 accepted under this subparagraph shall be used

5 as nearly as possible in accordance with the

6 terms, if any, of such donation.

7 ‘‘(B) TAX.—For purposes of Federal in8 come, estate, and gift taxes, money or property

9 accepted under subparagraph (A) shall be con10 sidered to be a gift, devise, or bequest to, or for

11 the use of, the United States.

12 ‘‘(C) RULES.—The President shall establish

13 written rules to ensure that the solicitation, ac14 ceptance, holding, administration, and use of

15 property described in subparagraph (A)—

16 ‘‘(i) will not reflect unfavorably upon

17 the ability of the Corporation, or of any of18 ficer or employee of the Corporation, to

19 carry out the responsibilities or official du20 ties of the Corporation in a fair and objec21 tive manner; and

22 ‘‘(ii) will not compromise the integrity

23 of the programs of the Corporation or any

24 official or employee of the Corporation in25 volved in such programs.
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1 ‘‘(D) DISPOSITION.—Upon completion of

2 the use by the Corporation of any property ac3 cepted pursuant to subparagraph (A) (other than

4 money or monetary proceeds from sales of prop5 erty so accepted), such completion shall be re6 ported to the General Services Administration

7 and such property shall be disposed of in accord8 ance with title II of the Federal Property and

9 Administrative Services Act of 1949 (40 U.S.C.

10 481 et seq.).

11 ‘‘(3) VOLUNTEER.—As used in this subsection,

12 the term ‘volunteer’ does not include a participant.

13 ‘‘(b) CONTRACTS.—Subject to the Federal Property

14 and Administrative Services Act of 1949, the Corporation

15 may enter into contracts, and cooperative and interagency

16 agreements, with Federal and State agencies, private firms,

17 institutions, and individuals to conduct activities necessary

18 to assist the Corporation in carrying out the duties of the

19 Corporation under this Act.

20 ‘‘(c) OFFICE OF MANAGEMENT AND BUDGET.—Appro21 priate circulars of the Office of Management and Budget

22 shall apply to the Corporation.’’.

23 (b) DOMESTIC VOLUNTEER SERVICE ACT OF 1973.—

24 Section 401 of the Domestic Volunteer Service Act of 1973

25 (42 U.S.C. 5041) is amended by inserting after the second
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1 sentence the following: ‘‘The Director shall report directly

2 to the President of the Corporation for National and Com3 munity Service.’’.

4 (c) TRANSFER OF FUNCTIONS OF COMMISSION ON

5 NATIONAL AND COMMUNITY SERVICE.—

6 (1) DEFINITIONS.—For purposes of this sub7 section, unless otherwise provided or indicated by the

8 context, each term specified in section 203(c)(1) shall

9 have the meaning given the term in such section.

10 (2) TRANSFER OF FUNCTIONS.—There are trans11 ferred to the Corporation the functions that the Board

12 of Directors or Executive Director of the Commission

13 on National and Community Service exercised before

14 the effective date of this subsection (including all re15 lated functions of any officer or employee of the Com16 mission).

17 (3) APPLICATION.—The provisions of paragraphs

18 (3) through (10) of section 203(c) shall apply with re19 spect to the transfer described in paragraph (2), ex20 cept that—

21 (A) for purposes of such application, ref22 erences to the term ‘‘ACTION Agency’’ shall be

23 deemed to be references to the Commission on

24 National and Community Service; and
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1 (B) paragraph (10) of such section shall not

2 preclude the transfer of the members of the Board

3 of Directors of the Commission to the Corpora4 tion if, on the effective date of this subsection, the

5 Board of Directors of the Corporation has not

6 been confirmed.

7 (d) CONTINUING PERFORMANCE OF CERTAIN FUNC8 TIONS.—The individuals who, on the day before the date

9 of enactment of this Act, are performing any of the func10 tions required by section 190 of the National and Commu11 nity Service Act of 1990 (42 U.S.C. 12651), as in effect

12 on such date, to be performed by the members of the Board

13 of Directors of the Commission on National and Commu14 nity Service may, subject to section 193A of the National

15 and Community Service Act of 1990, as added by subsection

16 (a) of this section, continue to perform such functions until

17 the date on the Board of Directors of the Corporation for

18 National and Community Service conducts the first meeting

19 of the Board. The service of such individuals as members

20 of the Board of Directors of such Commission, and the

21 employment of such individuals as special government

22 employees, shall terminate on such date.

23 (e) JOB SEARCH ASSISTANCE.—The President of the

24 Corporation shall establish a program to provide, or shall

25 seek to enter into a memorandum of understanding with
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1 the Director of the Office of Personnel Management to pro2 vide, job search and related assistance to employees of the

3 ACTION agency who are not transferred to the Corporation

4 for National and Community Service under section 203(c).

5 The President of the Corporation shall make available funds

6 appropriated under section 501(a)(4) of the National and

7 Community Service Act of 1990 in order to provide such

8 assistance.

9 (f) GOVERNMENT CORPORATION CONTROL.—

10 (1) WHOLLY OWNED GOVERNMENT CORPORA11 TION.—Section 9101(3) of title 31, United States

12 Code, is amended by inserting after subparagraph

13 (D) the following:

14 ‘‘(E) the Corporation for National and

15 Community Service.’’.

16 (2) AUDITS.—Section 9105(a)(1) of title 31,

17 United States Code, is amended by inserting ‘‘, or

18 under other Federal law,’’ before ‘‘or by an independ19 ent’’.

20 (g) DISPOSAL OF PROPERTY.—Section 203(k) of the

21 Federal Property and Administrative Services Act of 1949

22 (40 U.S.C. 484(k)) is amended by adding at the end the

23 following:

24 ‘‘(5)(A) Under such regulations as the Administrator

25 may prescribe, the Administrator is authorized, in the dis-
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1 cretion of the Administrator, to assign to the President of

2 the Corporation for National and Community Service for

3 disposal such surplus property as is recommended by the

4 President as being needed for national service activities.

5 ‘‘(B) Subject to the disapproval of the Administrator,

6 within 30 days after notice to the Administrator by the

7 President of the Corporation for National and Community

8 Service of a proposed transfer of property for such activi9 ties, the President, through such officers or employees of the

10 Corporation as the President may designate, may sell, lease,

11 or donate such property to any entity that receives finan12 cial assistance under the National and Community Service

13 Act of 1990 for such activities.

14 ‘‘(C) In fixing the sale or lease value of such property,

15 the President of the Corporation for National and Commu16 nity Service shall comply with the requirements of para17 graph (1)(C).’’.

18 (h) INSPECTOR GENERAL.—

19 (1) SPECIAL PROVISIONS IN INSPECTOR GENERAL

20 ACT OF 1978.—The Inspector General Act of 1978 (5

21 U.S.C. App.) is amended by redesignating sections 8E

22 and 8F as sections 8F and 8G, respectively, and in23 serting after section 8D the following new section:
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1 ‘‘SPECIAL PROVISIONS CONCERNING THE CORPORATION FOR

2 NATIONAL AND COMMUNITY SERVICE

3 ‘‘SEC. 8E. (a) Notwithstanding the provisions of sec4 tions 6(a) (7) and (8), it is within the exclusive jurisdiction

5 of the Inspector General of the Corporation for National

6 and Community Service to—

7 ‘‘(1) appoint and determine the compensation of

8 such officers and employees in accordance with sec9 tion 195(a)(4) of the National and Community Serv10 ice Trust Act of 1993; and

11 ‘‘(2) procure the temporary and intermittent

12 services of and compensate such experts and consult13 ants, in accordance with section 3109(b) of title 5,

14 United States Code,

15 as may be necessary to carry out the functions, powers, and

16 duties of the Inspector General.

17 ‘‘(b) No later than the date on which the President of

18 the Corporation for National and Community Service

19 transmits any report to the Congress under section 5 (a)

20 or (b), the President shall transmit such report to the Board

21 of Directors of such Corporation.

22 ‘‘(c) No later than the date on which the President of

23 the Corporation for National and Community Service

24 transmits a report described under section 5(b) to the Board

25 of Directors as provided under subsection (b) of this section,
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1 the President shall also transmit any audit report which

2 is described in the statement required under section 5(b)(4)

3 to the Board of Directors. All such audit reports shall be

4 placed on the agenda for review at the next scheduled meet5 ing of the Board of Directors following such transmittal.

6 The President of the Corporation shall be present at such

7 meeting to provide any information relating to such audit

8 reports.

9 ‘‘(d) No later than the date on which the Inspector

10 General of the Corporation for National and Community

11 Service reports a problem, abuse, or deficiency under section

12 5(d) to the President of the Corporation, the President shall

13 report such problem, abuse, or deficiency to the Board of

14 Directors.’’.

15 (2) TERMINATION OF STATUS AS DESIGNATED

16 FEDERAL ENTITY.—

17 (A) IN GENERAL.—Section 8F(a)(2) of the

18 Inspector General Act of 1978 (5 U.S.C. App.)

19 (as redesignated by paragraph (1) of this sub20 section) is amended by striking out ‘‘ACTION,’’.

21 (B) EFFECTIVE DATE.—This paragraph

22 shall take effect on the effective date of section

23 203(c)(2).

24 (3) TRANSFER.—
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1 (A) IN GENERAL.—Section 9(a)(1) of the

2 Inspector General Act of 1978 (5 U.S.C. App.) is

3 amended—

4 (i) in subparagraph (T), by striking

5 out ‘‘and’’ at the end thereof; and

6 (ii) by adding at the end thereof the

7 following new subparagraph:

8 ‘‘(V) of the Corporation for National and

9 Community Service, the Office of Inspector Gen10 eral of ACTION; and’’.

11 (B) EFFECTIVE DATE.—This paragraph

12 shall take effect on the effective date of section

13 203(c)(2).

14 (4) HEAD OF ESTABLISHMENT AND ESTABLISH15 MENT.—Section 11 of the Inspector General Act of

16 1978 (5 U.S.C. App.) is amended—

17 (A) in paragraph (1) by inserting ‘‘; the

18 President of the Corporation for National and

19 Community Service;’’ after ‘‘Thrift Depositor

20 Protection Oversight Board’’; and

21 (B) in paragraph (2) by inserting ‘‘, the

22 Corporation for National and Community Serv23 ice,’’ after ‘‘United States Information Agency’’.

24 (5) TECHNICAL AND CONFORMING AMENDMENTS

25 TO THE INSPECTOR GENERAL ACT OF 1978.—The In-
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1 spector General Act of 1978 (5 U.S.C. App.) is

2 amended—

3 (A) in section 4(b)(2)—

4 (i) by striking out ‘‘section 8E(a)(2),

5 and any’’ and inserting in lieu thereof ‘‘sec6 tion 8F(a)(2), and any’’;

7 (ii) by striking out ‘‘section 8E(a)(1)’’

8 and inserting in lieu thereof ‘‘section

9 8F(a)(1)’’; and

10 (iii) by striking out ‘‘section

11 8E(a)(2).’’ and inserting in lieu thereof

12 ‘‘section 8F(a)(2).’’; and

13 (B) section 8G (as redesignated by para14 graph (1) of this subsection)—

15 (i) by striking out ‘‘or 8D’’ and insert16 ing in lieu thereof ‘‘8D, or 8E’’; and

17 (ii) by striking out ‘‘section 8E(a)’’

18 and inserting in lieu thereof ‘‘section

19 8F(a)’’.

20 (6) POSTAL SERVICE TECHNICAL AND CONFORM21 ING AMENDMENTS.—Section 410(b) of title 39, United

22 States Code, is amended—

23 (A) in paragraph (8) by striking out ‘‘and’’

24 after the semicolon;
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1 (B) in the first paragraph (9) by striking

2 out the period and inserting in lieu thereof a

3 semicolon and ‘‘and’’; and

4 (C) by striking out the second paragraph

5 (9) and inserting in lieu thereof the following:

6 ‘‘(10) the provisions of section 8F of the Inspec7 tor General Act of 1978.’’.

8 (i) 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 items

11 relating to subtitle G of title I of such Act and inserting

12 the following:

‘‘Subtitle G—Corporation for National and Community Service

‘‘Sec. 191. Corporation for National and Community Service.

‘‘Sec. 192. Board of Directors.

‘‘Sec. 192A. Authorities and duties of the Board of Directors.

‘‘Sec. 193. President.

‘‘Sec. 193A. Authorities and duties of the President.

‘‘Sec. 194. Officers.

‘‘Sec. 195. Employees, consultants, and other personnel.

‘‘Sec. 196. Administration.’’.

13 (j) EFFECTIVE DATES.—

14 (1) IN GENERAL.—Except as provided in para15 graph (2) or subsection (h)(2) or (3), the amendments

16 made by this section shall take effect on October 1,

17 1993.

18 (2) ESTABLISHMENT AND APPOINTMENT AU19 THORITIES.—Sections 191, 192, and 193 of the Na20 tional and Community Service Act of 1990, as added
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1 by subsection (a), shall take effect on the date of

2 enactment of this Act.

3 SEC. 203. FINAL AUTHORITIES OF THE CORPORATION FOR

4 NATIONAL AND COMMUNITY SERVICE.

5 (a) NATIONAL AND COMMUNITY SERVICE ACT OF

6 1990.—

7 (1) APPLICATION.—

8 (A) EVALUATION.—Subsections (a), (d), and

9 (e) of section 179 of the National and Commu10 nity Service Act of 1990 (42 U.S.C. 12639) is

11 amended by striking ‘‘this title’’ and inserting

12 ‘‘the national service laws’’.

13 (B) CORPORATION.—Subtitle I of the Na14 tional and Community Service Act of 1990 (as

15 amended by section 202 of this Act) is amended

16 in section 191, section 192A(g)(5), section

17 193(c), subsections (b) (other than paragraph

18 (10)), (c) (other than paragraph (8)), and (d) of

19 section 193A, subsections (b) and (d) of section

20 195, and subsections (a) and (b) of section 196,

21 by striking ‘‘this Act’’ each place the term ap22 pears and inserting ‘‘the national service laws’’.

23 (2) GRANTS.—Section 192A(g) of the National

24 and Community Service Act of 1990 (as added by sec25 tion 202 of this Act) is amended—
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1 (A) by striking ‘‘and’’ at the end of para2 graph (8);

3 (B) by redesignating paragraph (9) as

4 paragraph (10); and

5 (C) by inserting after paragraph (8) the fol6 lowing:

7 ‘‘(9) notwithstanding any other provision of law,

8 make grants to or contracts with Federal or other

9 public departments or agencies and private nonprofit

10 organizations for the assignment or referral of volun11 teers under the provisions of the Domestic Volunteer

12 Service Act of 1973 (except as provided in section 108

13 of the Domestic Volunteer Service Act of 1973), which

14 may provide that the agency or organization shall

15 pay all or a part of the costs of the program; and’’.

16 (3) RECRUITMENT AND PUBLIC AWARENESS

17 FUNCTIONS.—Section 193A of the National and Com18 munity Service Act of 1993 (as added by section 202

19 of this Act) is amended by adding at the end the fol20 lowing:

21 ‘‘(f) RECRUITMENT AND PUBLIC AWARENESS FUNC22 TIONS.—

23 ‘‘(1) EFFORT.—The President shall ensure that

24 the Corporation, in carrying out the recruiting and

25 public awareness functions of the Corporation, shall
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1 expend at least the level of effort on recruitment and

2 public awareness activities related to the programs re3 ferred to in section 194(a)(3)(A) as ACTION ex4 pended on recruitment and public awareness activi5 ties related to programs under the Domestic Volunteer

6 Service Act of 1973 during fiscal year 1993.

7 ‘‘(2) PERSONNEL.—The President shall assign or

8 hire, as necessary, such additional national, regional,

9 and State personnel to carry out such recruiting and

10 public awareness functions as may be necessary to en11 sure that such functions are carried out in a timely

12 and effective manner. The President shall give prior13 ity in the hiring of such additional personnel to indi14 viduals who have formerly served as volunteers in the

15 programs referred to in section 194(a)(3)(A), or simi16 lar programs, and to individual who have specialized

17 experience in the recruitment of volunteers.

18 ‘‘(3) FUNDS.—For the first fiscal year after the

19 effective date of this subsection, and for each fiscal

20 year thereafter, for the purpose of carrying out such

21 recruiting and public awareness functions, the Presi22 dent shall obligate not less than 1.5 percent of the

23 amounts appropriated for the fiscal year under sec24 tion 501(a) of the Domestic Volunteer Service Act of

25 1973.’’.
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1 (4) ASSISTANT DIRECTORS.—Section 194 of the

2 National and Community Service Act of 1990 (as

3 added by section 202 of this Act) is amended by add4 ing at the end the following:

5 ‘‘(d) ASSISTANT DIRECTORS.—

6 ‘‘(1) IN GENERAL.—There shall be in the Cor7 poration four Assistant Directors, each of whom shall

8 be appointed by the President, and who shall report

9 directly to the Managing Director described in sub10 section (a)(3)(A).

11 ‘‘(2) DUTIES.—

12 ‘‘(A) VISTA AND OTHER ANTIPOVERTY PRO13 GRAMS.—One of the Assistant Directors shall be

14 primarily responsible for the VISTA and other

15 antipoverty programs under title I of the Domes16 tic Volunteer Service Act of 1973.

17 ‘‘(B) RETIRED AND SENIOR VOLUNTEER

18 PROGRAMS.—One of the Assistant Directors shall

19 be primarily responsible for the Retired and

20 Senior Volunteer Program established under part

21 A of title II of such Act.

22 ‘‘(C) FOSTER GRANDPARENT PROGRAM.—

23 One of the Assistant Directors shall be primarily

24 responsible for the Foster Grandparent Program

25 established under part B of title II of such Act.
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1 ‘‘(D) SENIOR COMPANION PROGRAM.—One

2 of the Assistant Directors shall be primarily re3 sponsible for the Senior Companion Program es4 tablished under part C of title II of such Act.’’.

5 (b) AUTHORITIES OF ACTION AGENCY.—Sections 401

6 and 402 of the Domestic Volunteer Service Act of 1973 (42

7 U.S.C. 5041 and 5042) are repealed.

8 (c) TRANSFER OF FUNCTIONS FROM ACTION

9 AGENCY.—

10 (1) DEFINITIONS.—For purposes of this sub11 section, unless otherwise provided or indicated by the

12 context—

13 (A) the term ‘‘Corporation’’ means the Cor14 poration for National and Community Service,

15 established under section 191 of the National and

16 Community Service Act of 1990;

17 (B) the term ‘‘Federal agency’’ has the

18 meaning given to the term ‘‘agency’’ by section

19 551(1) of title 5, United States Code;

20 (C) the term ‘‘function’’ means any duty,

21 obligation, power, authority, responsibility,

22 right, privilege, activity, or program;

23 (D) the term ‘‘office’’ includes any office,

24 administration, agency, institute, unit, organi25 zational entity, or component thereof; and
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1 (E) the term ‘‘President’’, except as used as

2 part of the term ‘‘President of the United

3 States’’, means the President of the Corporation.

4 (2) TRANSFER OF FUNCTIONS.—There are trans5 ferred to the Corporation such functions as the Presi6 dent of the United States determines to be appro7 priate that the Director of the ACTION Agency exer8 cised before the effective date of this subsection (in9 cluding all related functions of any officer or em10 ployee of the ACTION Agency).

11 (3) DETERMINATIONS OF CERTAIN FUNCTIONS BY

12 THE OFFICE OF MANAGEMENT AND BUDGET.—The

13 President of the United States may delegate to the Di14 rector of the Office of Management and Budget the

15 authority to make any determination of the functions

16 that are transferred under paragraph (2), if the

17 President determines that such a delegation would be

18 appropriate.

19 (4) REORGANIZATION.—The President is author20 ized to allocate or reallocate any function transferred

21 under paragraph (2) among the officers of the Cor22 poration, after providing notice of the allocation or

23 reallocation to Congress.

24 (5) TRANSFER AND ALLOCATIONS OF APPROPRIA25 TIONS AND PERSONNEL.—Except as otherwise pro-
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1 vided in this subsection, the personnel employed in

2 connection with, and the assets, liabilities, contracts,

3 property, records, and unexpended balances of appro4 priations, authorizations, allocations, and other funds

5 employed, used, held, arising from, available to, or to

6 be made available in connection with the functions

7 transferred by this subsection, subject to section 1531

8 of title 31, United States Code, shall be transferred to

9 the Corporation. Unexpended funds transferred pur10 suant to this paragraph shall be used only for the

11 purposes for which the funds were originally author12 ized and appropriated.

13 (6) INCIDENTAL TRANSFER.—The Director of the

14 Office of Management and Budget is authorized to

15 make such additional incidental dispositions of per16 sonnel, assets, liabilities, grants, contracts, property,

17 records, and unexpended balances of appropriations,

18 authorizations, allocations, and other funds held,

19 used, arising from, available to, or to be made avail20 able in connection with such functions, as may be

21 necessary to carry out the provisions of this sub22 section. The Director of the Office of Management and

23 Budget shall provide for the termination of the affairs

24 of all entities terminated by this subsection and for
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1 such further measures and dispositions as may be

2 necessary to effectuate the purposes of this subsection.

3 (7) EFFECT ON PERSONNEL.—

4 (A) IN GENERAL.—Except as otherwise pro5 vided by this subsection, the transfer pursuant to

6 this subsection of full-time personnel (except spe7 cial Government employees) and part-time per8 sonnel holding permanent positions shall not

9 cause any such employee to be separated or re10 duced in grade or compensation, or to have the

11 benefits of the employee reduced, for 1 year after

12 the date of transfer of such employee under this

13 subsection.

14 (B) EXECUTIVE SCHEDULE POSITIONS.—

15 Except as otherwise provided in this subsection,

16 any person who, on the day preceding the effec17 tive date of this subsection, held a position com18 pensated in accordance with the Executive

19 Schedule prescribed in chapter 53 of title 5,

20 United States Code, and who, without a break in

21 service, is appointed in the Corporation to a po22 sition having duties comparable to the duties

23 performed immediately preceding such appoint24 ment shall continue to be compensated in such

25 new position at not less than the rate provided
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1 for such previous position, for the duration of the

2 service of such person in such new position.

3 (C) TERMINATION OF CERTAIN POSI4 TIONS.—Positions whose incumbents are ap5 pointed by the President of the United States, by

6 and with the advice and consent of the Senate,

7 the functions of which are transferred by this

8 subsection, shall terminate on the effective date of

9 this subsection.

10 (8) SAVINGS PROVISIONS.—

11 (A) CONTINUING EFFECT OF LEGAL DOCU12 MENTS.—All orders, determinations, rules, regu13 lations, permits, agreements, grants, contracts,

14 certificates, licenses, registrations, privileges, and

15 other administrative actions—

16 (i) that have been issued, made, grant17 ed, or allowed to become effective by the

18 President of the United States, any Federal

19 agency or official thereof, or by a court of

20 competent jurisdiction, in the performance

21 of functions that are transferred under this

22 subsection; and

23 (ii) that are in effect at the time this

24 subsection takes effect, or were final before

25 the effective date of this subsection and are
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1 to become effective on or after the effective

2 date of this subsection,

3 shall continue in effect according to their terms

4 until modified, terminated, superseded, set aside,

5 or revoked in accordance with law by the Presi6 dent of the United States, the President of the

7 Corporation, or other authorized official, a court

8 of competent jurisdiction, or by operation of law.

9 (B) PROCEEDINGS NOT AFFECTED.—The

10 provisions of this subsection shall not affect any

11 proceedings, including notices of proposed rule12 making, or any application for any license, per13 mit, certificate, or financial assistance pending

14 before the ACTION Agency at the time this sub15 section takes effect, with respect to functions

16 transferred by this subsection. Such proceedings

17 and applications shall be continued. Orders shall

18 be issued in such proceedings, appeals shall be

19 taken therefrom, and payments shall be made

20 pursuant to such orders, as if this subsection had

21 not been enacted, and orders issued in any such

22 proceedings shall continue in effect until modi23 fied, terminated, superseded, or revoked by a

24 duly authorized official, by a court of competent

25 jurisdiction, or by operation of law. Nothing in
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1 this subparagraph shall be deemed to prohibit

2 the discontinuance or modification of any such

3 proceeding under the same terms and conditions

4 and to the same extent that such proceeding

5 could have been discontinued or modified if this

6 subsection had not been enacted.

7 (C) SUITS NOT AFFECTED.—The provisions

8 of this subsection shall not affect suits com9 menced before the effective date of this subsection,

10 and in all such suits, proceedings shall be had,

11 appeals taken, and judgments rendered in the

12 same manner and with the same effect as if this

13 subsection had not been enacted.

14 (D) NONABATEMENT OF ACTIONS.—No suit,

15 action, or other proceeding commenced by or

16 against the ACTION Agency, or by or against

17 any individual in the official capacity of such

18 individual as an officer of the ACTION Agency,

19 shall abate by reason of the enactment of this

20 subsection.

21 (E) ADMINISTRATIVE ACTIONS RELATING TO

22 PROMULGATION OF REGULATIONS.—Any admin23 istrative action relating to the preparation or

24 promulgation of a regulation by the ACTION

25 Agency relating to a function transferred under
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1 this subsection may be continued by the Corpora2 tion with the same effect as if this subsection had

3 not been enacted.

4 (9) SEVERABILITY.—If a provision of this sub5 section or its application to any person or cir6 cumstance is held invalid, neither the remainder of

7 this subsection nor the application of the provision to

8 other persons or circumstances shall be affected.

9 (10) TRANSITION.—Prior to, or after, any trans10 fer of a function under this subsection, the President

11 is authorized to utilize—

12 (A) the services of such officers, employees,

13 and other personnel of the ACTION Agency with

14 respect to functions that will be or have been

15 transferred to the Corporation by this subsection;

16 and

17 (B) funds appropriated to such functions

18 for such period of time as may reasonably be

19 needed to facilitate the orderly implementation of

20 this subsection.

21 (d) DEVELOPMENT OF TRANSFER SCHEDULE.—The

22 President of the Corporation for National and Community

23 Service, in consultation with the Director of ACTION, shall,

24 not later than 9 months after the date of enactment of this
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1 Act, prepare a schedule that specifies the date on which the

2 employees of ACTION will be notified about—

3 (1) whether their functions will be transferred to

4 the Corporation; and

5 (2) if such functions will be transferred, the date

6 on which the transfer will occur.

7 (e) APPOINTMENT OF ACTION EMPLOYEES.—During

8 the period beginning on October 1, 1993 and ending on the

9 effective date of subsection (c)(2), in making appointments

10 to the Corporation under the appointment system described

11 in section 195(a)(4)(B)(iii) of the National and Commu12 nity Service Act of 1990, the President of the Corporation

13 for National and Community Service shall ensure that in14 dividuals who are employees of ACTION shall receive fair

15 and equitable treatment.

16 (f) EFFECTIVE DATE.—

17 (1) IN GENERAL.—Except as provided in para18 graph (2), this section, and the amendments made by

19 this section, shall take effect—

20 (A) 18 months after the date of enactment

21 of this Act; or

22 (B) on such earlier date (which shall be not

23 earlier than 12 months after the date of the en24 actment of this Act) as the President of the

25 United States shall determine to be appropriate
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1 and announce by proclamation published in the

2 Federal Register.

3 (2) TRANSITION.—Subsections (c)(10), (d), and

4 (e) shall take effect on the date of enactment of this

5 Act.

6 SEC. 204. BUSINESS PLAN.

7 (a) BUSINESS PLAN REQUIRED.—

8 (1) IN GENERAL.—The Corporation for National

9 and Community Service (referred to in this section as

10 the ‘‘Corporation’’) shall prepare and submit to Con11 gress a business plan. The Corporation may not pro12 vide assistance under section 121 of the National and

13 Community Service Act of 1990 before the twentieth

14 day of continuous session of Congress after the date

15 on which the Corporation submits the business plan

16 to Congress.

17 (2) COMPUTATION.—For purposes of the com18 putation of the 20–day period referred to in para19 graph (1), continuity of a session of the Congress

20 shall be considered to be broken only by—

21 (A) an adjournment of the Congress sine

22 die; and

23 (B) the days on which either House is not

24 in session because of an adjournment of more

25 than 3 days to a date certain.
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1 (b) REQUIRED ELEMENTS OF BUSINESS PLAN.—

2 (1) ALLOCATION OF FUNDS.—The business plan

3 shall contain—

4 (A) a description of the manner in which

5 the Corporation will allocate funds for programs

6 carried out by the Corporation after October 1,

7 1993;

8 (B) information on the principal offices and

9 officers of the Corporation that will allocate such

10 funds; and

11 (C) information that indicates how account12 ability for such funds can be determined, in

13 terms of the office or officer responsible for such

14 funds.

15 (2) INVESTIGATIVE AND AUDIT FUNCTIONS.—The

16 business plan shall include a description of the plans

17 of the Corporation—

18 (A) to ensure continuity, during the transi19 tion period, and after the transition period, in

20 the investigative and audit functions carried out

21 by the Inspector General of ACTION prior to

22 such period, consistent with the Inspector Gen23 eral Act of 1978 (5 U.S.C. App.); and

24 (B) to carry out investigative and audit

25 functions and implement financial management
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1 controls regarding programs carried out by the

2 Corporation after October 1, 1993, consistent

3 with the Inspector General Act of 1978, includ4 ing a specific description of—

5 (i) the manner in which the Office of

6 Inspector General shall be established in the

7 Corporation, in accordance with section

8 194(b) of the National Community Service

9 Act of 1990, as added by section 202 of this

10 Act; and

11 (ii) the manner in which grants made

12 by the Corporation shall be audited by such

13 Office and the financial management con14 trols that shall apply with regard to such

15 grants and programs.

16 (3) ACCOUNTABILITY MEASURES.—The business

17 plan shall include a detailed description of the ac18 countability measures to be established by the Cor19 poration to ensure effective control of all funds for

20 programs carried out by the Corporation after Octo21 ber 1, 1993.

22 (4) INFORMATION RESOURCES.—The business

23 plan shall include a description of an information re24 source management program that will support the
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1 program and financial management needs of the Cor2 poration.

3 (5) CORPORATION STAFFING AND INTEGRATION

4 OF ACTION.—

5 (A) TRANSFERS.—The business plan shall

6 include a report on the progress and plans of the

7 President for transferring the functions, pro8 grams, and related personnel of ACTION to the

9 Corporation, and shall include a timetable for

10 the transfer. Not later than 9 months after the

11 date of enactment of this section, the President

12 shall identify all functions of ACTION to be

13 transferred to the Corporation.

14 (B) DETAILS AND ASSIGNMENTS.—The re15 port shall specify the number of ACTION em16 ployees detailed or assigned to the Corporation,

17 and describe the hiring activity of the Corpora18 tion, during the transition period.

19 (C) STRUCTURE.—The business plan shall

20 include a description of the organizational struc21 ture of the Corporation during the transition pe22 riod.

23 (D) STAFFING.—The business plan shall in24 clude a description of—
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1 (i) measures to ensure adequate staff2 ing during the transition period with re3 spect to programs carried out by the Cor4 poration after October 1, 1993; and

5 (ii) the responsibilities and authorities

6 of the Managing Directors and other key

7 personnel of the Corporation.

8 (E) SENIOR EXECUTIVE SERVICE.—The

9 business plan shall include—

10 (i) an explanation of the number of the

11 employees of the Corporation who will be

12 paid at or above the rate of pay for level 1

13 of the Senior Executive Service Schedule

14 under section 5382 of title 5, United States

15 Code; and

16 (ii) information justifying such pay

17 for such employees.

18 (6) DUPLICATION OF FUNCTIONS.—The business

19 plan shall include a description of the measures that

20 the Corporation is taking or will take to minimize

21 duplication of functions in the Corporation caused by

22 the transfer of the functions of the Commission on Na23 tional and Community Service, and the transfer of

24 the functions of ACTION, to the Corporation. This de-
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1 scription shall address functions at both the national

2 and State levels.

3 (c) DEFINITION.—The term ‘‘transition period’’ means

4 the period beginning on October 1, 1993 and ending on the

5 day before the effective date of section 203(c)(2).

6 TITLE III—REAUTHORIZATION

7 Subtitle A—National and

8 Community Service Act of 1990

9 SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

10 (a) IN GENERAL.—Section 501 of the National and

11 Community Service Act of 1990 (42 U.S.C. 12681) is

12 amended to read as follows:

13 ‘‘SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

14 ‘‘(a) TITLE I.—

15 ‘‘(1) SUBTITLE B.—

16 ‘‘(A) IN GENERAL.—There are authorized to

17 be appropriated to provide financial assistance

18 under subtitle B of title I, $45,000,000 for fiscal

19 year 1994 and such sums as may be necessary

20 for each of the fiscal years 1995 through 1996.

21 ‘‘(B) PROGRAMS.—Of the amount appro22 priated under subparagraph (A) for a fiscal

23 year—

24 ‘‘(i) not more than 63.75 percent shall

25 be available to provide financial assistance
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1 under subpart A of part I of subtitle B of

2 title I;

3 ‘‘(ii) not more than 11.25 percent shall

4 be available to provide financial assistance

5 under subpart B of part I of such subtitle;

6 and

7 ‘‘(iii) not more than 25 percent shall

8 be available to provide financial assistance

9 under part II of such subtitle.

10 ‘‘(2) SUBTITLES C, D, AND H.—

11 ‘‘(A) IN GENERAL.—There are authorized to

12 be appropriated to provide financial assistance

13 under subtitles C and H of title I, to provide na14 tional service educational awards under subtitle

15 D of title I, and to carry out such audits and

16 evaluations as the President or the Inspector

17 General of the Corporation may determine to be

18 necessary, $300,000,000 for fiscal year 1994,

19 $500,000,000 for fiscal year 1995, and

20 $700,000,000 for fiscal year 1996.

21 ‘‘(B) PROGRAMS.—Of the amount appro22 priated under subparagraph (A) for a fiscal

23 year, up to 15 percent shall be made available

24 to provide financial assistance under sections

25 125 and 126 and under subtitle H of title I.
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1 ‘‘(3) SUBTITLE E.—There are authorized to be

2 appropriated to provide financial assistance under

3 subtitle E of title I, such sums as may be necessary

4 for each of the fiscal years 1995 through 1996.

5 ‘‘(4) ADMINISTRATION.—

6 ‘‘(A) IN GENERAL.—There are authorized to

7 be appropriated for the administration of this

8 Act such sums as may be necessary for each of

9 the fiscal years 1994 through 1996.

10 ‘‘(B) LIMITATION.—For fiscal year 1994,

11 the sums appropriated under subparagraph (A)

12 shall not exceed 15 percent of the amounts ap13 propriated to carry out subtitles B, C, D, and H

14 of title I of this Act for such fiscal year. For each

15 subsequent fiscal year, the sums appropriated

16 under subparagraph (A) shall not exceed 10 per17 cent of the amounts appropriated to carry out

18 such subtitles for such subsequent fiscal year.

19 ‘‘(C) STATE COMMISSIONS AND CORPORA20 TION.—Of the amounts appropriated under sub21 paragraph (A) for a fiscal year, up to 50 percent

22 shall be made available to the State Commis23 sions, and up to 50 percent shall be made avail24 able to the Corporation, for the administration of

25 this Act.
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1 ‘‘(b) TITLE III.—There are authorized to be appro2 priated to carry out title III $5,000,000 for each of the fis3 cal years 1994 through 1996.

4 ‘‘(c) AVAILABILITY OF APPROPRIATIONS.—Funds ap5 propriated under this section shall remain available until

6 expended.’’.

7 (b) EFFECTIVE DATE.—The amendment made by sub8 section (a) shall take effect on October 1, 1993.

9 Subtitle B—Domestic Volunteer

10 Service Act of 1973

11 SEC. 311. SHORT TITLE; REFERENCES.

12 (a) SHORT TITLE.—This subtitle may be cited as the

13 ‘‘Domestic Volunteer Service Act Amendments of 1993’’.

14 (b) REFERENCES.—Except as otherwise specifically

15 provided, whenever in this subtitle an amendment or repeal

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

17 section or other provision, the reference shall be considered

18 to be made to a section or other provision of the Domestic

19 Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.).

20 CHAPTER 1—VISTA AND OTHER ANTI21 POVERTY PROGRAMS

22 SEC. 321. PURPOSE OF THE VISTA PROGRAM.

23 The last sentence of section 101 (42 U.S.C. 4951) is

24 amended to read as follows: ‘‘In addition, the objectives of

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

2 and to strengthen local agencies and organizations to carry

3 out the purpose of this part.’’.

4 SEC. 322. SELECTION AND ASSIGNMENT OF VISTA VOLUN5 TEERS.

6 (a) VOLUNTEER ASSIGNMENTS.—Section 103(a) (42

7 U.S.C. 4953(a)) is amended—

8 (1) in the matter preceding paragraph (1), by

9 striking ‘‘a public’’ and inserting ‘‘public’’;

10 (2) in paragraph (2), by striking ‘‘and’’ at the

11 end;

12 (3) in paragraph (3), by striking ‘‘illiterate or

13 functionally illiterate youth and other individuals,’’;

14 (4) in paragraph (5), by striking ‘‘and’’ at the

15 end;

16 (5) in paragraph (6)—

17 (A) by striking ‘‘the Headstart act, or the

18 Community Economic’’ and inserting ‘‘the Head

19 Start Act, the Community Economic’’;

20 (B) by inserting ‘‘or other similar Acts,’’

21 after ‘‘1981,’’; and

22 (C) by striking the period and inserting ‘‘;

23 and’’; and

24 (6) by adding at the end the following new para25 graph:
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1 ‘‘(7) in strengthening, supplementing, and ex2 panding efforts to address the problem of illiteracy

3 throughout the United States.’’.

4 (b) RECRUITMENT PROCEDURES.—Section 103(b) (42

5 U.S.C. 4953(b)) is amended—

6 (1) by striking paragraphs (2), (4), (5) and (6);

7 (2) by redesignating paragraphs (3) and (7) as

8 paragraphs (2) and (3), respectively;

9 (3) in paragraph (2) (as redesignated in para10 graph (2) of this subsection), by striking ‘‘paragraph

11 (7)’’ and inserting ‘‘paragraph (3)’’; and

12 (4) in paragraph (3) (as redesignated in para13 graph (2) of this subsection)—

14 (A) in subparagraph (A), by striking

15 ‘‘paragraph (4)’’ and inserting ‘‘paragraph (2)’’;

16 (B) by striking subparagraphs (B), (C), and

17 (E);

18 (C) by redesignating subparagraphs (D)

19 and (F) as subparagraphs (C) and (D), respec20 tively; and

21 (D) by inserting after subparagraph (A) the

22 following new subparagraph:

23 ‘‘(B) A sponsoring organization may recruit volunteers

24 for service under this part, subject to final approval by the

25 Director.’’.
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1 (c) PUBLIC AWARENESS AND RECRUITMENT.—Sub2 section (c) of section 103 (42 U.S.C. 4953(c)) is amended—

3 (1) in paragraph (1), to read as follows:

4 ‘‘(1)(A) The Director shall conduct national and local

5 public awareness and recruitment activities in order to

6 meet the volunteer goals of the program. In conducting such

7 activities, the Director shall place special emphasis on re8 cruiting volunteers for local, community-based programs

9 that serve underrepresented populations, in situations in

10 which volunteers might not otherwise learn about the pro11 grams. Such activities shall be coordinated with recruit12 ment authorized under subtitle C or E of the National and

13 Community Service Act of 1990 and may include public

14 service announcements, advertisements, publicity on loan

15 deferments, repayments, and cancellations available to

16 VISTA volunteers, maintenance of a toll-free telephone sys17 tem, and provision of technical assistance for the recruit18 ment of volunteers to programs and projects receiving as19 sistance under this part.

20 ‘‘(B) The Director shall take steps to recruit individ21 uals 18 through 27 years of age, 55 years of age and older,

22 recent graduates of institutions of higher education, and

23 special skilled volunteers and to promote diverse participa24 tion in the program.’’;
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1 (2) in paragraph (3), by adding at the end the

2 following new sentence: ‘‘In addition, the Director

3 shall take steps to provide opportunities for returned

4 Peace Corps volunteers to serve in the VISTA pro5 gram.’’;

6 (3) by striking paragraphs (4), (5), and (6); and

7 (4) by adding at the end the following new para8 graph:

9 ‘‘(4) From the amounts appropriated under section

10 501(a) for fiscal year 1994 and each subsequent fiscal year,

11 the Director shall obligate such sums as may be necessary

12 for the purpose of carrying out this subsection in such fiscal

13 year.’’.

14 (d) COORDINATION WITH OTHER FEDERAL AGEN15 CIES.—Section 103 (42 U.S.C. 4953) is amended by adding

16 at the end the following new subsection:

17 ‘‘(h) The Director is encouraged to enter into agree18 ments with other Federal agencies to use VISTA volunteers

19 in furtherance of program objectives that are consistent with

20 the purposes described in section 101.’’.

21 SEC. 323. TERMS AND PERIODS OF SERVICE.

22 (a) CLARIFICATION AND PERIODS OF SERVICE.—Sub23 section (b) of section 104 (42 U.S.C. 4954(b)) is amended

24 to read as follows:
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1 ‘‘(b)(1) Volunteers serving under this part may be en2 rolled initially for periods of service of not less than 1 year,

3 nor more than 2 years, except as provided in paragraph

4 (2) or subsection (e).

5 ‘‘(2) Volunteers serving under this part may be en6 rolled for periods of service of less than 1 year if the Direc7 tor determines, on an individual basis, that a period of

8 service of less than 1 year is necessary to meet a critical

9 scarce skill need.

10 ‘‘(3) Volunteers serving under this part may be

11 reenrolled for periods of service in a manner to be deter12 mined by the Director. No volunteer shall serve for more

13 than a total of 5 years under this part.’’.

14 (b) SUMMER PROGRAM.—Section 104 (42 U.S.C.

15 4954) is amended by adding at the end the following new

16 subsection:

17 ‘‘(e)(1) Notwithstanding any other provision of this

18 part, the Director may enroll full-time VISTA summer as19 sociates in a program for the summer months only, under

20 such terms and conditions as the Director shall determine

21 to be appropriate. Such individuals shall be assigned to

22 projects that meet the criteria set forth in section 103(a).

23 ‘‘(2) In preparing reports relating to programs under

24 this Act, the Director shall report on participants, costs,
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1 and accomplishments under the summer program sepa2 rately.

3 ‘‘(3) The limitation on funds appropriated for grants

4 and contracts, as contained in section 108, shall not apply

5 to the summer program.’’.

6 SEC. 324. SUPPORT FOR VISTA VOLUNTEERS.

7 (a) POSTSERVICE STIPEND.—Section 105(a)(1) (42

8 U.S.C. 4955(a)(1)) is amended—

9 (1) by inserting ‘‘(A)’’ after ‘‘(a)(1)’’; and

10 (2) by striking the second sentence and inserting

11 the following:

12 ‘‘(B) Such stipend shall not exceed $95 per month in

13 fiscal year 1994, but shall be set at a minimum of $125

14 per month during the service of the volunteer after October

15 1, 1994, assuming the availability of funds to accomplish

16 this increase.

17 ‘‘(C) The Director shall not provide a stipend under

18 this subsection to an individual who elects to receive a na19 tional service education award under subtitle D of title I

20 of the National and Community Service Act of 1990.’’.

21 (b) SUBSISTENCE ALLOWANCE.—Section 105(b) (42

22 U.S.C. 4955(b)) is amended—

23 (1) in paragraph (3)—

24 (A) by striking subparagraph (A);
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1 (B) in subparagraph (B), by striking the

2 subparagraph designation; and

3 (C) by adding at the end the following new

4 sentence: ‘‘The Director shall review such adjust5 ments on an annual basis to ensure that the ad6 justments are current.’’; and

7 (2) by striking paragraph (4).

8 (c) CHILD CARE.—Section 105 (42 U.S.C. 4955) is

9 amended by adding at the end the following:

10 ‘‘(c)(1) The Director shall—

11 ‘‘(A) make child care available for children of

12 each volunteer enrolled under this part who need such

13 child care in order to participate as volunteers; or

14 ‘‘(B) provide a child care allowance to each such

15 volunteer who needs such assistance in order to par16 ticipate as volunteers.

17 ‘‘(2) The Corporation shall establish guidelines regard18 ing the circumstances under which child care shall be made

19 available under this subsection and the value of any child

20 care allowance to be provided.’’.

21 SEC. 325. PARTICIPATION OF YOUNGER AND OLDER PER22 SONS.

23 Section 107 (42 U.S.C. 4957) is amended to read as

24 follows:
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1 ‘‘SEC. 107. PARTICIPATION OF YOUNGER AND OLDER PER2 SONS.

3 ‘‘In carrying out this part and part C, the Director

4 shall take necessary steps, including the development of spe5 cial projects, where appropriate, to encourage the fullest

6 participation of individuals 18 through 27 years of age,

7 and individuals 55 years of age and older, in the various

8 programs and activities authorized under such parts.’’.

9 SEC. 326. LITERACY ACTIVITIES.

10 Section 109 (42 U.S.C. 4959) is amended—

11 (1) in subsection (g)—

12 (A) by striking paragraph (1); and

13 (B) by striking the paragraph designation

14 of paragraph (2); and

15 (2) in subsection (h), by striking paragraph (3).

16 SEC. 327. APPLICATIONS FOR ASSISTANCE.

17 Section 110 (42 U.S.C. 4960) is amended to read as

18 follows:

19 ‘‘SEC. 110. APPLICATIONS FOR ASSISTANCE.

20 ‘‘In reviewing an application for assistance under this

21 part, the Director shall not deny such assistance to any

22 project or program, or any public or private nonprofit orga23 nization, solely on the basis of the duration of the assistance

24 such project, program, or organization has received under

25 this part prior to the date of submission of the application.

26 The Director shall grant assistance under this part on the
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1 basis of merit and to accomplish the goals of the VISTA

2 program, and shall consider the needs and requirements of

3 projects in existence on such date as well as potential new

4 projects.’’.

5 SEC. 328. REPEAL OF AUTHORITY FOR STUDENT COMMU6 NITY SERVICE PROGRAMS.

7 Section 114 (42 U.S.C. 4974) is repealed.

8 SEC. 329. UNIVERSITY YEAR FOR VISTA.

9 (a) PROGRAM TITLE.—Part B of title I (42 U.S.C.

10 4971 et seq.) is amended—

11 (1) in the part heading, to read as follows:

12 ‘‘PART B—UNIVERSITY YEAR FOR VISTA’’;

13 (2) by striking ‘‘University Year for ACTION’’

14 each place that such term appears in such part and

15 inserting ‘‘University Year for VISTA’’;

16 (3) by striking ‘‘UYA’’ each place that such term

17 appears in such part and inserting ‘‘UYV’’; and

18 (4) in section 112 (42 U.S.C. 4972) by striking

19 the section heading and inserting the following new

20 section heading:

21 ‘‘AUTHORITY TO OPERATE UNIVERSITY YEAR FOR VISTA

22 PROGRAM’’.

23 (b) SPECIAL CONDITIONS.—Section 113(a) (42 U.S.C.

24 4973(a)) is amended—

25 (1) by striking ‘‘of not less than the duration of

26 an academic year’’ and inserting ‘‘of not less than the
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1 duration of an academic semester or its equivalent’’;

2 and

3 (2) by adding at the end the following new sen4 tence: ‘‘Volunteers may receive a living allowance and

5 such other support or allowances as the Director de6 termines to be appropriate.’’.

7 SEC. 330. AUTHORITY TO ESTABLISH AND OPERATE SPE8 CIAL VOLUNTEER AND DEMONSTRATION

9 PROGRAMS.

10 Section 122 (42 U.S.C. 4992) is amended to read as

11 follows:

12 ‘‘SEC. 122. AUTHORITY TO ESTABLISH AND OPERATE SPE13 CIAL VOLUNTEER AND DEMONSTRATION

14 PROGRAMS.

15 ‘‘(a) IN GENERAL.—The Director is authorized to con16 duct special volunteer programs for demonstration pro17 grams, or award grants to or enter into contracts with pub18 lic or nonprofit organizations to carry out such programs.

19 Such programs shall encourage wider volunteer participa20 tion on a full-time, part-time, or short-term basis to further

21 the purpose of this part, and identify particular segments

22 of the poverty community that could benefit from volunteer

23 and other antipoverty efforts.

24 ‘‘(b) ASSIGNMENT AND SUPPORT OF VOLUNTEERS.—

25 The assignment of volunteers under this section, and the
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1 provision of support for such volunteers, including any sub2 sistence allowances and stipends, shall be on such terms and

3 conditions as the Director shall determine to be appro4 priate, but shall not exceed the level of support provided

5 under section 105. Projects using volunteers who do not re6 ceive stipends may also be supported under this section.

7 ‘‘(c) CRITERIA AND PRIORITIES.—In carrying out this

8 section and section 123, the Director shall establish criteria

9 and priorities for awarding grants and entering into con10 tracts under this part in each fiscal year. No grant or con11 tract exceeding $100,000 shall be made under this part un12 less the recipient of the grant or contractor has been selected

13 by a competitive process that includes public announcement

14 of the availability of funds for such grant or contract, gen15 eral criteria for the selection of recipients or contractors,

16 and a description of the application process and applica17 tion review process.’’.

18 SEC. 331. TECHNICAL AND FINANCIAL ASSISTANCE.

19 Section 123 (42 U.S.C. 4993) is amended to read as

20 follows:

21 ‘‘SEC. 123. TECHNICAL AND FINANCIAL ASSISTANCE.

22 ‘‘The Director may provide technical and financial as23 sistance to Federal agencies, State and local governments

24 and agencies, private nonprofit organizations, employers,
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1 and other private organizations that utilize or desire to uti2 lize volunteers in carrying out the purpose of this part.’’.

3 SEC. 332. ELIMINATION OF SEPARATE AUTHORITY FOR

4 DRUG ABUSE PROGRAMS.

5 Title I (42 U.S.C. 4951 et seq.) is amended—

6 (1) by repealing section 124; and

7 (2) by redesignating section 125 as section 124.

8 CHAPTER 2—NATIONAL SENIOR

9 VOLUNTEER CORPS

10 SEC. 341. NATIONAL SENIOR VOLUNTEER CORPS.

11 (a) TITLE HEADING.—The heading for title II is

12 amended to read as follows:

13 ‘‘TITLE II—NATIONAL SENIOR

14 VOLUNTEER CORPS’’.

15 (b) REFERENCES.—

16 (1) Section 200(1) (42 U.S.C. 5000(1)) is

17 amended by striking ‘‘Older American Volunteer Pro18 grams’’ and inserting ‘‘National Senior Volunteer

19 Corps’’.

20 (2) The heading for section 221 (42 U.S.C. 5021)

21 is amended by striking ‘‘OLDER AMERICAN VOLUN22 TEER PROGRAMS’’ and inserting ‘‘NATIONAL SENIOR

23 VOLUNTEER CORPS’’.

24 (3) Section 224 (42 U.S.C. 5024) is amended—
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1 (A) in the section heading by striking

2 ‘‘OLDER AMERICAN VOLUNTEER PROGRAMS’’ and

3 inserting ‘‘NATIONAL SENIOR VOLUNTEER

4 CORPS’’; and

5 (B) by striking ‘‘volunteer projects for older

6 Americans’’ and inserting ‘‘National Senior Vol7 unteer Corps projects’’.

8 (4) Section 205(c) of the Older Americans

9 Amendments of 1975 (Public Law 94–135; 89 Stat.

10 727; 42 U.S.C. 5001 note) is amended by striking

11 ‘‘national older American volunteer programs’’ each

12 place the term appears and inserting ‘‘National Sen13 ior Volunteer Corps programs’’.

14 SEC. 342. THE RETIRED AND SENIOR VOLUNTEER PRO15 GRAM.

16 (a) PART HEADING.—The heading for part A of title

17 II is amended by striking ‘‘RETIRED SENIOR VOLUNTEER

18 PROGRAM’’ and inserting ‘‘RETIRED AND SENIOR VOLUN19 TEER PROGRAM’’.

20 (b) REFERENCES.—Section 200 (42 U.S.C. 5000) is

21 amended by striking ‘‘retired senior volunteer program’’

22 each place that such term appears in such section and in23 serting ‘‘Retired and Senior Volunteer Program’’.
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1 SEC. 343. OPERATION OF THE RETIRED AND SENIOR VOL2 UNTEER PROGRAM.

3 (a) ELIGIBILITY FOR PARTICIPANTS IN THE PRO4 GRAM.—Section 201(a) (42 U.S.C. 5001(a)) is amended—

5 (1) in the matter preceding paragraph (1), by

6 inserting ‘‘and older working persons’’ after ‘‘retired

7 persons’’; and

8 (2) in paragraph (2), by striking ‘‘aged sixty’’

9 and inserting ‘‘age 55’’.

10 (b) DELETION OF REQUIREMENT FOR STATE AGENCY

11 REVIEW.—Section 201 (42 U.S.C. 5001) is amended—

12 (1) by striking subsection (c); and

13 (2) by redesignating subsection (d) as subsection

14 (c).

15 SEC. 344. SERVICES UNDER THE FOSTER GRANDPARENT

16 PROGRAM.

17 Section 211(a) (42 U.S.C. 5011(a)) is amended by

18 striking ‘‘, including services’’ and all that follows through

19 ‘‘with special needs.’’ and inserting a period and the follow20 ing: ‘‘Such services may include services by individuals

21 serving as foster grandparents to children who are individ22 uals with disabilities, who have chronic health conditions,

23 who are receiving care in hospitals, who are residing in

24 homes for dependent and neglected children, or who are re25 ceiving services provided by day care centers, schools, early

26 intervention programs under part H of the Individuals
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1 with Disabilities Education Act (20 U.S.C. 1471 et seq.),

2 Head Start agencies under the Head Start Act, or any of

3 a variety of other programs, establishments, and institu4 tions providing services for children with special or excep5 tional needs. Individual foster grandparents may provide

6 person-to-person services to one or more children, depending

7 on the needs of the project and local site.’’.

8 SEC. 345. STIPENDS FOR LOW-INCOME VOLUNTEERS.

9 The second sentence of section 211(d) (42 U.S.C.

10 5011(d)) is amended by striking ‘‘Any stipend or allowance

11 provided under this subsection shall not be less than $2.20

12 per hour until October 1, 1990, $2.35 per hour during fiscal

13 year 1991, and $2.50 per hour on and after October 1,

14 1992,’’ and inserting ‘‘Any stipend or allowance provided

15 under this section shall not be less than $2.45 per hour on

16 and after October 1, 1993, and shall be adjusted once prior

17 to December 31, 1997, to account for inflation, as deter18 mined by the Director and rounded to the nearest five

19 cents,’’.

20 SEC. 346. PARTICIPATION OF NON-LOW-INCOME PERSONS

21 UNDER PARTS B AND C.

22 Subsection (f) of section 211(f) (42 U.S.C. 5011(f)) is

23 amended to read as follows:

24 ‘‘(f) Individuals who are not low-income persons may

25 serve as volunteers under parts B and C, in accordance with
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1 such regulations as the Director shall issue, at the discretion

2 of the local project. Such individuals shall not receive any

3 allowance, stipend, or other financial support for such serv4 ice except reimbursement for transportation, meals, and

5 out-of-pocket expenses related to such service.’’.

6 SEC. 347. CONDITIONS OF GRANTS AND CONTRACTS.

7 Section 212 (42 U.S.C. 5012) is repealed.

8 SEC. 348. EVALUATION OF THE SENIOR COMPANION PRO9 GRAM.

10 Section 213(c) (42 U.S.C. 5013(c)) is amended by

11 striking paragraph (3).

12 SEC. 349. AGREEMENTS WITH OTHER FEDERAL AGENCIES.

13 Section 221(a) (42 U.S.C. 5021(a)) is amended—

14 (1) by striking ‘‘(a)’’ and inserting ‘‘(a)(1)’’; and

15 (2) by adding at the end the following:

16 ‘‘(2) The Director is encouraged to enter into agree17 ments with—

18 ‘‘(A) the Department of Health and Human

19 Services to—

20 ‘‘(i) involve retired or senior volunteers and

21 foster grandparents in Head Start projects; and

22 ‘‘(ii) promote in-home care in cooperation

23 with the Administration on Aging;
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1 ‘‘(B) the Department of Education to promote

2 intergenerational tutoring and mentoring for at-risk

3 children; and

4 ‘‘(C) the Environmental Protection Agency to

5 support conservation efforts.’’.

6 SEC. 350. PROGRAMS OF NATIONAL SIGNIFICANCE.

7 Section 225 (42 U.S.C. 5025) is amended—

8 (1) in subsection (a)—

9 (A) by striking paragraph (1) and inserting

10 the following new paragraph:

11 ‘‘(1) The Director is authorized to make grants under

12 parts A, B, and C to support programs that address na13 tional problems that are also of local concern. The Director

14 may, in any fiscal year, determine which programs of na15 tional significance will receive priority in that year. In de16 termining the priority of programs to address problems of

17 local concern in a particular area, the Director shall solicit

18 and consider the views of representatives of local groups

19 serving the area.’’;

20 (B) in paragraph (2)(B), by striking

21 ‘‘paragraph (10)’’ and inserting ‘‘paragraphs

22 (10) and (12)’’; and

23 (C) in paragraph (2)(C), by striking ‘‘and

24 (10)’’ and inserting ‘‘(10), (12), (15), and (16)’’;
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1 (2) in subsection (b), by adding at the end the

2 following new paragraphs:

3 ‘‘(12) Programs that address environmental

4 needs.

5 ‘‘(13) Programs that reach out to organizations

6 not previously involved in addressing local needs,

7 such as labor unions and profitmaking organizations.

8 ‘‘(14) Programs that provide for ethnic outreach.

9 ‘‘(15) Programs that support criminal justice

10 activities.

11 ‘‘(16) Programs that involve older volunteers

12 working with young people in apprenticeship pro13 grams.

14 ‘‘(17) Programs that support the integration of

15 individuals with disabilities into the community.’’;

16 and

17 (3) in subsection (d), by striking paragraph (1)

18 and inserting the following new paragraph:

19 ‘‘(1) Except as provided in paragraph (2), from the

20 amounts appropriated under subsection (a), (b), (c), or (d)

21 of section 502, for each fiscal year there shall be available

22 to the Director such sums as may be necessary to make

23 grants under subsection (a).’’.
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1 SEC. 351. ADJUSTMENTS TO FEDERAL FINANCIAL ASSIST2 ANCE.

3 Section 226 (42 U.S.C. 5026) is amended—

4 (1) in subsection (a)(1)—

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

6 and

7 (B) by striking subparagraph (B); and

8 (2) in subsection (b)—

9 (A) in paragraph (1)—

10 (i) by striking ‘‘(1)’’; and

11 (ii) by striking ‘‘annually’’ and insert12 ing ‘‘, once every 2 years’’; and

13 (B) by striking paragraph (2).

14 SEC. 352. DEMONSTRATION PROGRAMS.

15 Title II (42 U.S.C. 5000 et seq.) is amended by adding

16 at the end the following new part:

17 ‘‘PART E—DEMONSTRATION PROGRAMS

18 ‘‘SEC. 231. AUTHORITY OF DIRECTOR.

19 ‘‘(a) IN GENERAL.—The Director is authorized to

20 make grants to or enter into contracts with public or non21 profit organizations, including organizations funded under

22 part A, B, or C, for the purposes of demonstrating innova23 tive activities involving older Americans as volunteers. The

24 Director may support under this part both volunteers re25 ceiving stipends and volunteers not receiving stipends.
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1 ‘‘(b) ACTIVITIES.—An organization that receives a

2 grant or enters into a contract under subsection (a) may

3 use funds made available through the grant or contract for

4 activities such as—

5 ‘‘(1) linking youth groups and older American

6 organizations in volunteer activities;

7 ‘‘(2) involving older volunteers in programs and

8 activities different from programs and activities sup9 ported in the community; and

10 ‘‘(3) testing whether older American volunteer

11 programs may contribute to new objectives or certain

12 national priorities.

13 ‘‘SEC. 232. PROHIBITION.

14 ‘‘The Director may not reduce the activities, projects,

15 or volunteers funded under the other parts of this title in

16 order to support projects under this part.’’.

17 CHAPTER 3—ADMINISTRATION

18 SEC. 361. PURPOSE OF AGENCY.

19 Section 401 (42 U.S.C. 5041) is amended—

20 (1) by inserting after the first sentence the fol21 lowing: ‘‘Such Agency shall also promote the coordi22 nation of volunteer efforts among Federal, State, and

23 local agencies and organizations, exchange technical

24 assistance information among such agencies and or25 ganizations.’’; and
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1 (2) by striking ‘‘Older American Volunteer Pro2 grams’’ each place the term appears and inserting

3 ‘‘National Senior Volunteer Corps’’.

4 SEC. 362. AUTHORITY OF THE DIRECTOR.

5 Section 402 (42 U.S.C. 5042) is amended in para6 graphs (5) and (6) by inserting ‘‘solicit and’’ before ‘‘ac7 cept’’ each place the term appears.

8 SEC. 363. COMPENSATION FOR VOLUNTEERS.

9 Section 404 (42 U.S.C. 5044) is amended—

10 (1) in subsection (c), by inserting ‘‘from such

11 volunteers or from beneficiaries’’ after ‘‘compensa12 tion’’;

13 (2) by striking subsection (f); and

14 (3) by redesignating subsection (g) as subsection

15 (f).

16 SEC. 364. REPEAL OF REPORT.

17 Section 407 (42 U.S.C. 5047) is repealed.

18 SEC. 365. APPLICATION OF FEDERAL LAW.

19 Section 415(b)(4)(A) (42 U.S.C. 5055(b)(4)(A)) is

20 amended by striking ‘‘a grade GS–7 employee’’ and insert21 ing ‘‘an employee at grade GS–5 of the General Schedule

22 under section 5332 of title 5, United States Code’’.

23 SEC. 366. EVALUATION OF PROGRAMS.

24 Section 416 (42 U.S.C. 5056) is amended—

25 (1) in subsection (a)—
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1 (A) in the first sentence, by striking ‘‘(in2 cluding the VISTA Literacy Corps which shall be

3 evaluated as a separate program at least once

4 every 3 years)’’; and

5 (B) in the second sentence, by striking ‘‘at

6 least once every 3 years’’ and inserting ‘‘periodi7 cally’’;

8 (2) in subsection (b) to read as follows:

9 ‘‘(b) In carrying out evaluations of programs under

10 this Act, the Director shall create appropriate management

11 information systems that will summarize information on

12 volunteer activities and accomplishments across the pro13 grams supported under this Act. The Director shall periodi14 cally prepare and submit to the appropriate committees of

15 Congress a report containing such information.’’; and

16 (3) by striking subsections (d), (e), (f), and (g).

17 SEC. 367. NONDISCRIMINATION PROVISIONS.

18 Section 417 (42 U.S.C. 5057) is amended to read as

19 follows:

20 ‘‘SEC. 417. NONDISCRIMINATION PROVISIONS.

21 ‘‘(a) IN GENERAL.—

22 ‘‘(1) BASIS.—An individual with responsibility

23 for the operation of a program that receives assistance

24 under this Act shall not discriminate against a par25 ticipant in, or member of the staff of, such program
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1 on the basis of race, color, national origin, sex, age,

2 or political affiliation of such participant or member,

3 or on the basis of disability, if the participant or

4 member is a qualified individual with a disability.

5 ‘‘(2) DEFINITION.—As used in paragraph (1),

6 the term ‘qualified individual with a disability’ has

7 the meaning given the term in section 101(8) of the

8 Americans with Disabilities Act of 1990 (42 U.S.C.

9 12111(8)).

10 ‘‘(b) FEDERAL FINANCIAL ASSISTANCE.—Any assist11 ance provided under this Act shall constitute Federal finan12 cial assistance for purposes of title VI of the Civil Rights

13 Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Edu14 cation Amendments of 1972 (20 U.S.C. 1681 et seq.), section

15 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and

16 the Age Discrimination Act of 1975 (42 U.S.C. 6101 et

17 seq.).

18 ‘‘(c) RELIGIOUS DISCRIMINATION.—

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2), an individual with responsibility for the

21 operation of a program that receives assistance under

22 this Act shall not discriminate on the basis of religion

23 against a participant in such program or a member

24 of the staff of such program who is paid with funds

25 received under this Act.
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1 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

2 apply to the employment, with assistance provided

3 under this Act, of any member of the staff, of a pro4 gram that receives assistance under this Act, who was

5 employed with the organization operating the pro6 gram on the date the grant under this Act was

7 awarded.

8 ‘‘(d) RULES AND REGULATIONS.—The Director shall

9 promulgate rules and regulations to provide for the enforce10 ment of this section that shall include provisions for sum11 mary suspension of assistance for not more than 30 days,

12 on an emergency basis, until notice and an opportunity to

13 be heard can be provided.’’.

14 SEC. 368. ELIMINATION OF SEPARATE REQUIREMENTS FOR

15 SETTING REGULATIONS.

16 Section 420 (42 U.S.C. 5060) is repealed.

17 SEC. 369. CLARIFICATION OF ROLE OF INSPECTOR GEN18 ERAL.

19 Section 422 (42 U.S.C. 5062) is amended—

20 (1) in subsection (a), by inserting ‘‘or the Inspec21 tor General’’ after ‘‘Director’’; and

22 (2) in subsection (b), by inserting ‘‘, the Inspec23 tor General,’’ after ‘‘Director’’ each place that such

24 term appears.
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1 SEC. 370. COPYRIGHT PROTECTION.

2 Title IV (42 U.S.C. 5041 et seq.) is amended by adding

3 at the end the following new section:

4 ‘‘SEC. 425. PROTECTION AGAINST IMPROPER USE.

5 ‘‘Whoever falsely—

6 ‘‘(1) advertises or represents; or

7 ‘‘(2) publishes or displays any sign, symbol, or

8 advertisement, reasonably calculated to convey the

9 impression,

10 that an entity is affiliated with, funded by, or operating

11 under the authority of ACTION, VISTA, or any of the pro12 grams of the National Senior Volunteer Corps may be en13 joined under an action filed by the Attorney General, on

14 a complaint by the Director.’’.

15 SEC. 371. CENTER FOR RESEARCH AND TRAINING.

16 Title IV (42 U.S.C. 5041 et seq.) (as amended by sec17 tion 370 of this Act) is further amended by adding at the

18 end the following new section:

19 ‘‘SEC. 426. CENTER FOR RESEARCH AND TRAINING.

20 ‘‘The Director may establish, directly or by grant or

21 contract, a Center for Research and Training on Volunteer22 ism to carry out research concerning the impact of vol23 unteerism on individuals, organizations, and communities,

24 provide training at a State, regional, or local level to help

25 improve programs across the United States, and carry out
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1 such other functions as the Director determines to be appro2 priate.’’.

3 SEC. 372. DEPOSIT REQUIREMENT CREDIT FOR SERVICE AS

4 A VOLUNTEER.

5 (a) CIVIL SERVICE RETIREMENT SYSTEM.—

6 (1) CREDITABLE SERVICE.—Section 8332(j) of

7 title 5, United States Code, is amended—

8 (A) in paragraph (1)—

9 (i) in the first sentence, by inserting

10 ‘‘the period of an individual’s services as a

11 full-time volunteer enrolled in a program of

12 at least 1 year in duration under part A,

13 B, or C of title I of the Domestic Volunteer

14 Service Act of 1973,’’ after ‘‘Economic Op15 portunity Act of 1964,’’;

16 (ii) in the second sentence, by inserting

17 ‘‘, as a full-time volunteer enrolled in a pro18 gram of at least 1 year in duration under

19 part A, B, or C of title I of the Domestic

20 Volunteer Service Act of 1973,’’ after ‘‘Eco21 nomic Opportunity Act of 1964,’’; and

22 (iii) in the last sentence—

23 (I) by inserting ‘‘or under the Do24 mestic Volunteer Service Act of 1973’’
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1 after ‘‘Economic Opportunity Act of

2 1964’’; and

3 (II) by inserting ‘‘or the Director

4 of ACTION, as appropriate,’’ after

5 ‘‘Director of the Office of Economic

6 Opportunity’’; and

7 (B) by adding at the end the following new

8 paragraph:

9 ‘‘(3) The provisions of paragraph (1) relating to

10 credit for service as a volunteer or volunteer leader

11 under the Economic Opportunity Act of 1964 or the

12 Domestic Volunteer Service Act of 1973 shall not

13 apply to any period of service as a volunteer or vol14 unteer leader of an employee or Member with respect

15 to which the employee or Member has made the de16 posit with interest, if any, required by section

17 8334(l).’’.

18 (2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS19 ITS.—

20 (A) IN GENERAL.—Section 8334 of title 5,

21 United States Code, is amended by adding at the

22 end the following new subsection:

23 ‘‘(l)(1) Each employee or Member who has performed

24 service as a volunteer or volunteer leader under part A of

25 title VIII of the Economic Opportunity Act of 1964, or as
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1 a full-time volunteer enrolled in a program of at least 1

2 year in duration under part A, B, or C of title I of the

3 Domestic Volunteer Service Act of 1973, before the date of

4 the separation from service on which the entitlement to any

5 annuity under this subchapter is based may pay, in accord6 ance with such regulations as the Office of Personnel Man7 agement shall issue, to the agency by which the employee

8 is employed or, in the case of a Member or a congressional

9 employee, to the Secretary of the Senate or the Clerk of the

10 House of Representatives, as appropriate, an amount equal

11 to 7 percent of the readjustment allowance paid to the em12 ployee or Member under title VIII of the Economic Oppor13 tunity Act of 1964 or title I of the Domestic Volunteer Serv14 ice Act of 1973 for each period of service as such a volunteer

15 or volunteer leader.

16 ‘‘(2) Any deposit made under paragraph (1) more than

17 2 years after the later of—

18 ‘‘(A) the date of enactment of this subsection; or

19 ‘‘(B) the date on which the employee or Member

20 making the deposit first becomes an employee or

21 Member,

22 shall include interest on such amount, computed and

23 compounded annually beginning on the date of the expira24 tion of the 2-year period. The interest rate that is applicable

25 in computing interest in any year under this paragraph
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1 shall be equal to the interest rate that is applicable for such

2 year under subsection (e).

3 ‘‘(3) Any payment received by an agency, the Sec4 retary of the Senate, or the Clerk of the House of Represent5 atives under this subsection shall be immediately remitted

6 to the Office of Personnel Management for deposit in the

7 Treasury of the United States to the credit of the Fund.

8 ‘‘(4) The Director shall furnish such information to the

9 Office of Personnel Management as the Office may deter10 mine to be necessary for the administration of this sub11 section.’’.

12 (B) CONFORMING AMENDMENT.—Section

13 8334(e) of title 5, United States Code, is amend14 ed in paragraphs (1) and (2) by striking ‘‘or

15 (k)’’ each place that such term appears and in16 serting ‘‘(k), or (l)’’.

17 (b) FEDERAL EMPLOYEES RETIREMENT SYSTEM.—

18 (1) CREDITABLE SERVICE.—Section 8411 of title

19 5, United States Code, is amended—

20 (A) in subsection (b)(3), by striking ‘‘sub21 section (f)’’ and inserting ‘‘subsection (f) or (h)’’;

22 and

23 (B) by adding at the end the following new

24 subsection:
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1 ‘‘(h) An employee or Member shall be allowed credit

2 for service as a volunteer or volunteer leader under part

3 A of title VIII of the Economic Opportunity Act of 1964,

4 or as a full-time volunteer enrolled in a program of at least

5 1 year in duration under part A, B, or C of title I of the

6 Domestic Volunteer Service Act of 1973, performed at any

7 time prior to the separation from service on which the enti8 tlement to any annuity under this subchapter is based if

9 the employee or Member has made a deposit with interest,

10 if any, with respect to such service under section 8422(f).’’.

11 (2) DEDUCTIONS, CONTRIBUTIONS.—Section

12 8422 of title 5, United States Code, is amended by

13 adding at the end the following new subsection:

14 ‘‘(f)(1) Each employee or Member who has performed

15 service as a volunteer or volunteer leader under part A of

16 title VIII of the Economic Opportunity Act of 1964, or as

17 a full-time volunteer enrolled in a program of at least 1

18 year in duration under part A, B, or C of title I of the

19 Domestic Volunteer Service Act of 1973, before the date of

20 the separation from service on which the entitlement to any

21 annuity under this subchapter, or subchapter V of this

22 chapter, is based may pay, in accordance with such regula23 tions as the Office of Personnel Management shall issue, to

24 the agency by which the employee is employed or, in the

25 case of a Member or a congressional employee, to the Sec-
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1 retary of the Senate or the Clerk of the House of Representa2 tives, as appropriate, an amount equal to 3 percent of the

3 readjustment allowance paid to the employee or Member

4 under title VIII of the Economic Opportunity Service Act

5 of 1964 or title I of the Domestic Volunteer Service Act of

6 1973 for each period of service as such a volunteer or volun7 teer leader.

8 ‘‘(2) Any deposit made under paragraph (1) more than

9 2 years after the later of—

10 ‘‘(A) the date of enactment of this subsection, or

11 ‘‘(B) the date on which the employee or Member

12 making the deposit first becomes an employee or

13 Member,

14 shall include interest on such amount computed and

15 compounded annually beginning on the date of the expira16 tion of the 2-year period. The interest rate that is applicable

17 in computing interest in any year under this paragraph

18 shall be equal to the interest rate that is applicable for such

19 year under section 8334(e).

20 ‘‘(3) Any payment received by an agency, the Sec21 retary of the Senate, or the Clerk of the House of Represent22 atives under this subsection shall be immediately remitted

23 to the Office of Personnel Management for deposit in the

24 Treasury of the United States to the credit of the Fund.
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1 ‘‘(4) The Director shall furnish such information to the

2 Office of Personnel Management as the Office may deter3 mine to be necessary for the administration of this sub4 section.’’.

5 (c) APPLICABILITY AND OTHER PROVISIONS.—

6 (1) APPLICABILITY.—

7 (A) TIMING.—The amendments made by

8 subsections (a) and (b) shall apply with respect

9 to credit for service as a volunteer or volunteer

10 leader under the Economic Opportunity Act of

11 1964 or the Domestic Volunteer Service Act of

12 1973 to individuals who are entitled to an annu13 ity on the basis of a separation from service oc14 curring before, on, or after the effective date of

15 this subtitle.

16 (B) SEPARATION.—In the case of any indi17 vidual whose entitlement to an annuity is based

18 on a separation from service occurring before the

19 date of enactment of this Act, any increase in

20 such individual’s annuity on the basis of a de21 posit made pursuant to section 8334(l) or section

22 8442(f) of title 5, United States Code, as amend23 ed by this Act, shall be effective only with respect

24 to annuity payments payable for calendar
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1 months beginning after the date of enactment of

2 this Act.

3 (2) ACTION TO INFORM INDIVIDUALS.—The Di4 rector of the Office of Personnel Management shall

5 take such action as may be necessary and appropriate

6 to inform individuals entitled to credit under this sec7 tion for service as a volunteer or volunteer leader, or

8 to have any annuity recomputed, or to make a de9 posit under this section, of such entitlement.

10 CHAPTER 4—AUTHORIZATION OF APPRO11 PRIATIONS AND OTHER AMENDMENTS

12 SEC. 381. AUTHORIZATION OF APPROPRIATIONS FOR

13 TITLE I.

14 Section 501 (42 U.S.C. 5081) is amended to read as

15 follows:

16 ‘‘SEC. 501. NATIONAL VOLUNTEER ANTIPOVERTY PRO17 GRAMS.

18 ‘‘(a) AUTHORIZATIONS.—

19 ‘‘(1) VOLUNTEERS IN SERVICE TO AMERICA.—

20 There are authorized to be appropriated to carry out

21 part A of title I, excluding sections 104(e) and 109,

22 $45,800,000 for fiscal year 1994, and such sums as

23 may be necessary for each of the fiscal years 1995 and

24 1996.
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1 ‘‘(2) SUMMER PROGRAM.—There are authorized

2 to be appropriated to carry out section 104(e), such

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

4 1994 through 1996.

5 ‘‘(3) LITERACY ACTIVITIES.—There are author6 ized to be appropriated to carry out section 109,

7 $5,600,000 for fiscal year 1994, and such sums as

8 may be necessary for each of the fiscal years 1995 and

9 1996.

10 ‘‘(4) UNIVERSITY YEAR FOR VISTA.—There are

11 authorized to be appropriated to carry out part B of

12 title I, such sums as may be necessary for each of the

13 fiscal years 1994 through 1996.

14 ‘‘(5) SPECIAL VOLUNTEER PROGRAMS.—There

15 are authorized to be appropriated to carry out part

16 C of title I, excluding section 124, such sums as may

17 be necessary for each of the fiscal years 1994 through

18 1996.

19 ‘‘(6) LITERACY CHALLENGE GRANTS.—There are

20 authorized to be appropriated to carry out section

21 124, such sums as may be necessary for each of the

22 fiscal years 1994 through 1996.

23 ‘‘(b) SUBSISTENCE.—The minimum level of an

24 allowance for subsistence required under section 105(b)(2),

25 to be provided to each volunteer under title I, may not be
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1 reduced or limited in order to provide for an increase in

2 the number of volunteer service years under part A of title

3 I.

4 ‘‘(c) LIMITATION.—No part of the funds appropriated

5 to carry out part A of title I may be used to provide volun6 teers or assistance to any program or project authorized

7 under part B or C of title I, or under title II, unless the

8 program or project meets the antipoverty criteria of part

9 A of title I.

10 ‘‘(d) AVAILABILITY.—Amounts appropriated for part

11 A of title I shall remain available for obligation until the

12 end of the fiscal year following the fiscal year for which

13 the amounts were appropriated.

14 ‘‘(e) VOLUNTEER SERVICE REQUIREMENT.—

15 ‘‘(1) VOLUNTEER SERVICE YEARS.—Of the

16 amounts appropriated under this section for parts A,

17 B, and C of title I, including section 124, there shall

18 first be available for part A of title I, including sec19 tions 104(e) and 109, an amount not less than the

20 amount necessary to provide 3,700 volunteer service

21 years in fiscal year 1994, 4,000 volunteer service

22 years in fiscal year 1995, and 4,500 volunteer service

23 years in fiscal year 1996.

24 ‘‘(2) PLAN.—If the Director determines that

25 funds appropriated to carry out part A, B, or C of
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1 title I are insufficient to provide for the years of vol2 unteer service required by paragraph (1), the Director

3 shall submit a plan to the relevant authorizing and

4 appropriations committees of Congress that will de5 tail what is necessary to fully meet this require6 ment.’’.

7 SEC. 382. AUTHORIZATION OF APPROPRIATIONS FOR

8 TITLE II.

9 Section 502 (42 U.S.C. 5082) is amended to read as

10 follows:

11 ‘‘SEC. 502. NATIONAL SENIOR VOLUNTEER CORPS.

12 ‘‘(a) RETIRED AND SENIOR VOLUNTEER PROGRAM.—

13 There are authorized to be appropriated to carry out part

14 A of title II, $37,054,000 for fiscal year 1994, and such

15 sums as may be necessary for each of the fiscal years 1995

16 and 1996.

17 ‘‘(b) FOSTER GRANDPARENT PROGRAM.—There are

18 authorized to be appropriated to carry out part B of title

19 II, $71,284,000 for fiscal year 1994, and such sums as may

20 be necessary for each of the fiscal years 1995 and 1996.

21 ‘‘(c) SENIOR COMPANION PROGRAM.—There are au22 thorized to be appropriated to carry out part C of title II,

23 $32,509,000 for fiscal year 1994, and such sums as may

24 be necessary for each of the fiscal years 1995 and 1996.
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1 ‘‘(d) DEMONSTRATION PROGRAMS.—There are author2 ized to be appropriated to carry out part E of title II, such

3 sums as may be necessary for each of the fiscal years 1994

4 through 1996.’’.

5 SEC. 383. AUTHORIZATION OF APPROPRIATIONS FOR

6 TITLE IV.

7 Title V (42 U.S.C. 5081 et seq.) is amended—

8 (1) by striking section 504;

9 (2) by inserting the following after section 502:

10 ‘‘SEC. 503. ADMINISTRATION AND COORDINATION.

11 ‘‘(a) IN GENERAL.—For each of the fiscal years 1994

12 through 1998, there are authorized to be appropriated for

13 the administration of this Act as provided for in title IV,

14 15 percent of the total amount appropriated under sections

15 501 and 502 with respect to such year.

16 ‘‘(b) EVALUATION AND CENTER FOR RESEARCH AND

17 TRAINING.—For each of the fiscal years 1994 through 1998,

18 the Director is authorized to expend not less than one-half

19 of 1 percent, and not more than 1 percent, from the amounts

20 appropriated under sections 501 and 502, for the purposes

21 prescribed in sections 416 and 426.’’; and

22 (3) by redesignating section 505 as section 504.
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1 SEC. 384. CONFORMING AMENDMENTS; COMPENSATION

2 FOR VISTA FECA CLAIMANTS.

3 Section 8143(b) of title 5, United States Code, is

4 amended by striking ‘‘GS–7’’ and inserting ‘‘GS–5 of the

5 General Schedule under section 5332 of title 5, United

6 States Code’’.

7 SEC. 385. REPEAL OF AUTHORITY.

8 Title VII (42 U.S.C. 5091 et seq.) is repealed.

9 CHAPTER 5—GENERAL PROVISIONS

10 SEC. 391. TECHNICAL AND CONFORMING AMENDMENTS.

11 The Domestic Volunteer Service Act of 1973 (42 U.S.C.

12 4950 et seq.) is amended by striking ‘‘That this Act’’ and

13 all that follows through the end of the table of contents and

14 inserting the following:

15 ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

16 ‘‘(a) SHORT TITLE.—This Act may be cited as the ‘Do17 mestic Volunteer Service Act of 1973’.

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

19 as follows:

‘‘Sec. 1. Short title; table of contents.

‘‘Sec. 2. Volunteerism policy.

‘‘TITLE I—NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

‘‘PART A—VOLUNTEERS IN SERVICE TO AMERICA

‘‘Sec. 101. Statement of purpose.

‘‘Sec. 102. Authority to operate VISTA program.

‘‘Sec. 103. Selection and assignment of volunteers.

‘‘Sec. 104. Terms and periods of service.

‘‘Sec. 105. Support service.

‘‘Sec. 106. Participation of beneficiaries.

‘‘Sec. 107. Participation of younger and older persons.

‘‘Sec. 108. Limitation.
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‘‘Sec. 109. VISTA Literacy Corps.

‘‘Sec. 110. Applications for assistance.

‘‘PART B—UNIVERSITY YEAR FOR VISTA

‘‘Sec. 111. Statement of purpose.

‘‘Sec. 112. Authority to operate University Year for VISTA program.

‘‘Sec. 113. Special conditions.

‘‘PART C—SPECIAL VOLUNTEER PROGRAMS

‘‘Sec. 121. Statement of purpose.

‘‘Sec. 122. Authority to establish and operate special volunteer and demonstration

programs.

‘‘Sec. 123. Technical and financial assistance.

‘‘Sec. 124. Literacy challenge grants.

‘‘TITLE II—NATIONAL SENIOR VOLUNTEER CORPS

‘‘Sec. 200. Statement of purposes.

‘‘PART A—RETIRED AND SENIOR VOLUNTEER PROGRAM

‘‘Sec. 201. Grants and contracts for volunteer service projects.

‘‘PART B—FOSTER GRANDPARENT PROGRAM

‘‘Sec. 211. Grants and contracts for volunteer service projects.

‘‘PART C—SENIOR COMPANION PROGRAM

‘‘Sec. 213. Grants and contracts for volunteer service projects.

‘‘PART D—GENERAL PROVISIONS

‘‘Sec. 221. Promotion of National Senior Volunteer Corps.

‘‘Sec. 222. Payments.

‘‘Sec. 223. Minority group participation.

‘‘Sec. 224. Use of locally generated contributions in National Senior Volunteer

Corps.

‘‘Sec. 225. Programs of national significance.

‘‘Sec. 226. Adjustments to Federal financial assistance.

‘‘Sec. 227. Multiyear grants or contracts.

‘‘PART E—DEMONSTRATION PROGRAMS

‘‘Sec. 231. Authority of Director.

‘‘Sec. 232. Prohibition.

‘‘TITLE IV—ADMINISTRATION AND COORDINATION

‘‘Sec. 403. Political activities.

‘‘Sec. 404. Special limitations.

‘‘Sec. 406. Labor standards.

‘‘Sec. 408. Joint funding.

‘‘Sec. 409. Prohibition of Federal control.

‘‘Sec. 410. Coordination with other programs.

‘‘Sec. 411. Prohibition.
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‘‘Sec. 412. Notice and hearing procedures for suspension and termination of financial assistance.

‘‘Sec. 414. Distribution of benefits between rural and urban areas.

‘‘Sec. 415. Application of Federal law.

‘‘Sec. 416. Evaluation.

‘‘Sec. 417. Nondiscrimination provisions.

‘‘Sec. 418. Eligibility for other benefits.

‘‘Sec. 419. Legal expenses.

‘‘Sec. 421. Definitions.

‘‘Sec. 422. Audit.

‘‘Sec. 423. Reduction of paperwork.

‘‘Sec. 424. Review of project renewals.

‘‘Sec. 425. Protection against improper use.

‘‘Sec. 426. Center for Research and Training.

‘‘TITLE V—AUTHORIZATION OF APPROPRIATIONS

‘‘Sec. 501. National volunteer antipoverty programs.

‘‘Sec. 502. National Senior Volunteer Corps.

‘‘Sec. 503. Administration and coordination.

‘‘Sec. 504. Availability of appropriations.

‘‘TITLE VI—AMENDMENTS TO OTHER LAWS AND REPEALERS

‘‘Sec. 601. Supersedence of Reorganization Plan No. 1 of July 1, 1971.

‘‘Sec. 602. Creditable service for civil service retirement.

‘‘Sec. 603. Repeal of title VIII of the Economic Opportunity Act.

‘‘Sec. 604. Repeal of title VI of the Older Americans Act.’’.

1 SEC. 392. EFFECTIVE DATE.

2 This subtitle, and the amendments made by this sub3 title shall take effect on October 1, 1993.

4 Subtitle C—Youth Conservation

5 Corps Act of 1970

6 SEC. 399. PUBLIC LANDS CORPS.

7 (a) IN GENERAL.—Public Law 91–378 (16 U.S.C.

8 1701–1706; commonly known as the ‘‘Youth Conservation

9 Corps Act of 1970’’) is amended—

10 (1) by inserting before section 1 the following:
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1 ‘‘TITLE I—YOUTH

2 CONSERVATION CORPS’’;

3 (2) by striking ‘‘Act’’ each place such term ap4 pears and inserting ‘‘title’’;

5 (3) by redesignating sections 1 through 6 as sec6 tions 101 through 106, respectively;

7 (4) in subsection (a) of section 102 (as redesig8 nated by paragraph (3)), by inserting ‘‘in this title’’

9 after ‘‘hereinafter’’;

10 (5) in subsection (d) of section 104 (as redesig11 nated by paragraph (3)), by striking ‘‘section 6’’ and

12 inserting ‘‘section 106’’; and

13 (6) by adding at the end the following new title:

14 ‘‘TITLE II—PUBLIC LANDS CORPS

15 ‘‘SEC. 201. SHORT TITLE.

16 ‘‘This title may be cited as the ‘Public Lands Corps

17 Act of 1993’.

18 ‘‘SEC. 202. CONGRESSIONAL FINDINGS AND PURPOSE.

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

20 ‘‘(1) Conserving or developing natural and cul21 tural resources and enhancing and maintaining envi22 ronmentally important lands and waters through the

23 use of the Nation’s young men and women in a Pub24 lic Lands Corps can benefit those men and women by

25 providing such men and women with education and
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1 work opportunities, furthering their understanding

2 and appreciation of the natural and cultural re3 sources, and providing a means to pay for higher

4 education or to repay indebtedness such men and

5 women have incurred to obtain higher education

6 while at the same time benefiting the Nation’s econ7 omy and environment.

8 ‘‘(2) Many facilities and natural resources lo9 cated on public lands and on Indian lands are in dis10 repair or degraded and in need of labor intensive re11 habilitation, restoration, and enhancement work that

12 cannot be carried out by Federal agencies at existing

13 personnel levels.

14 ‘‘(3) Youth conservation corps have established a

15 good record of restoring and maintaining these kinds

16 of facilities and resources in a cost-effective and effi17 cient manner, especially when the corps have worked

18 in partnership arrangements with government land

19 management agencies.

20 ‘‘(b) PURPOSE.—It is the purpose of this title to—

21 ‘‘(1) perform, in a cost-effective manner, appro22 priate conservation projects on public lands and In23 dian lands where such projects will not be performed

24 by existing employees;
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1 ‘‘(2) assist governments and Indian tribes in

2 performing research and public education tasks asso3 ciated with natural and cultural resources on public

4 lands and Indian lands;

5 ‘‘(3) expose young men and women to public

6 service while furthering their understanding and ap7 preciation of the Nation’s natural and cultural re8 sources;

9 ‘‘(4) expand educational opportunities by re10 warding individuals who participate in national

11 service with an increased ability to pursue higher

12 education or job training; and

13 ‘‘(5) stimulate interest among the Nation’s young

14 men and women in conservation careers by exposing

15 such men and women to conservation professionals in

16 land managing agencies.

17 ‘‘SEC. 203. DEFINITIONS.

18 ‘‘For purposes of this title:

19 ‘‘(1) APPROPRIATE CONSERVATION PROJECT.—

20 The term ‘appropriate conservation project’ means

21 any project for the conservation, restoration, construc22 tion, or rehabilitation of natural, cultural, historic,

23 archaeological, recreational, or scenic resources.
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1 ‘‘(2) CORPS AND PUBLIC LANDS CORPS.—The

2 terms ‘Corps’ and ‘Public Lands Corps’ mean the

3 Public Lands Corps established under section 204.

4 ‘‘(3) INDIAN.—The term ‘Indian’ means a person

5 who is a member of an Indian tribe, or is a ‘Native’,

6 as defined in section 3(b) of the Alaska Native Claims

7 Settlement Act (43 U.S.C. 1602(b)).

8 ‘‘(4) INDIAN LANDS.—The term ‘Indian lands’

9 means—

10 ‘‘(A) any Indian reservation;

11 ‘‘(B) any public domain Indian allotments;

12 ‘‘(C) any former Indian reservation in the

13 State of Oklahoma;

14 ‘‘(D) any land held by incorporated Native

15 groups, regional corporations, and village cor16 porations under the Alaska Native Claims Settle17 ment Act (43 U.S.C. 1601 et seq.); and

18 ‘‘(E) any land held by dependent Indian

19 communities within the borders of the United

20 States whether within the original or subse21 quently acquired territory thereof, and whether

22 within or without the limits of a State.

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

24 means—
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1 ‘‘(A) an Indian tribe, band, nation, or other

2 organized group or community, including—

3 ‘‘(i) any Native village, as defined in

4 section 3(c) of the Alaska Native Claims

5 Settlement Act (43 U.S.C. 1602(c)), whether

6 organized traditionally or pursuant to the

7 Act of June 18, 1934 (commonly known as

8 the ‘Indian Reorganization Act’; 48 Stat.

9 984, chapter 576; 25 U.S.C 461 et seq.); and

10 ‘‘(ii) any Regional Corporation or Vil11 lage Corporation, as defined in subsection

12 (g) or (j), respectively, of section 3 of the

13 Alaska Native Claims Settlement Act (43

14 U.S.C. 1602 (g) or (j)),

15 that is recognized as eligible for the special pro16 grams and services provided by the United

17 States under Federal law to Indians because of

18 their status as Indians; and

19 ‘‘(B) any tribal organization controlled,

20 sanctioned, or chartered by an entity described

21 in subparagraph (A).

22 ‘‘(6) PUBLIC LANDS.—The term ‘public lands’

23 means any lands or waters (or interest therein)

24 owned or administered by the United States, except

25 that such term does not include any Indian lands.
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1 ‘‘(7) QUALIFIED YOUTH OR CONSERVATION

2 CORPS.—The term ‘qualified youth or conservation

3 corps’ means any program established by a State or

4 local government, by the governing body of any In5 dian tribe, or by a nonprofit organization, that—

6 ‘‘(A) is capable of offering meaningful, full7 time, productive work for individuals between

8 the ages of 16 and 25, inclusive, in a natural or

9 cultural resource setting;

10 ‘‘(B) gives participants a mix of work expe11 rience, basic and life skills, education, training,

12 and support services; and

13 ‘‘(C) provides participants with the oppor14 tunity to develop citizenship values and skills

15 through service to their community and the

16 United States.

17 ‘‘(8) RESOURCE ASSISTANT.—The term ‘resource

18 assistant’ means a resource assistant selected under

19 section 206.

20 ‘‘(9) STATE.—The term ‘State’ means any State

21 of the United States, the District of Columbia, the

22 Commonwealth of Puerto Rico, Guam, the Virgin Is23 lands, American Samoa, and the Commonwealth of

24 the Northern Mariana Islands.
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1 ‘‘SEC. 204. PUBLIC LANDS CORPS PROGRAM.

2 ‘‘(a) ESTABLISHMENT OF PUBLIC LANDS CORPS.—

3 There is hereby established in the Department of the Inte4 rior and the Department of Agriculture a Public Lands

5 Corps.

6 ‘‘(b) PARTICIPANTS.—The Corps shall consist of indi7 viduals between the ages of 16 and 25, inclusive, who are

8 enrolled as participants in the Corps by the Secretary of

9 the Interior or the Secretary of Agriculture. To be eligible

10 for enrollment in the Corps, an individual shall satisfy the

11 criteria specified in section 137(b) of the National and

12 Community Service Act of 1990. The Secretaries may enroll

13 such individuals in the Corps without regard to the provi14 sions of title 5, United States Code, governing appointments

15 in the competitive service, and without regard to the provi16 sions of chapter 51 and subchapter III of chapter 53 of such

17 title relating to classification and General Schedule pay

18 rates. The Secretaries may establish a preference for the en19 rollment in the Corps of individuals who are economically,

20 physically, or educationally disadvantaged.

21 ‘‘(c) QUALIFIED YOUTH OR CONSERVATION CORPS.—

22 The Secretary of the Interior and the Secretary of Agri23 culture are authorized to enter into contracts and coopera24 tive agreements with any qualified youth or conservation

25 corps to perform appropriate conservation projects referred

26 to in subsection (d).
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1 ‘‘(d) PROJECTS TO BE CARRIED OUT.—The Secretary

2 of the Interior and the Secretary of Agriculture may each

3 utilize the Corps or any qualified youth or conservation

4 corps to carry out appropriate conservation projects that

5 such Secretary is authorized to carry out under other au6 thority of law on public lands. Appropriate conservation

7 projects may also be carried out under this title on Indian

8 lands with the approval of the Indian tribe involved.

9 ‘‘(e) PREFERENCE FOR CERTAIN PROJECTS.—In se10 lecting appropriate conservation projects to be carried out

11 under this title, the Secretary of the Interior and the Sec12 retary of Agriculture shall give preference to those projects

13 that—

14 ‘‘(1) will provide long-term benefits to the public;

15 ‘‘(2) will instill in the enrollee involved a work

16 ethic and a sense of public service;

17 ‘‘(3) will be labor intensive;

18 ‘‘(4) can be planned and initiated promptly; and

19 ‘‘(5) will provide academic, experiential, or envi20 ronmental education opportunities.

21 ‘‘(f) CONSISTENCY.—Each appropriate conservation

22 project carried out under this title on any public lands or

23 Indian lands shall be consistent with the provisions of law

24 and policies relating to the management and administra25 tion of such lands, with all other applicable provisions of
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1 law, and with all management, operational, and other

2 plans and documents that govern the administration of the

3 area.

4 ‘‘SEC. 205. CONSERVATION CENTERS.

5 ‘‘(a) ESTABLISHMENT AND USE.—The Secretary of the

6 Interior and the Secretary of Agriculture are each author7 ized to provide such quarters, board, medical care, transpor8 tation, and other services, facilities, supplies, and equip9 ment as such Secretary determines to be necessary in con10 nection with the Public Lands Corps and appropriate con11 servation projects carried out under this title and to estab12 lish and use conservation centers owned and operated by

13 such Secretary for purposes of the Corps and such projects.

14 The Secretaries shall establish basic standards of health, nu15 trition, sanitation, and safety for all conservation centers

16 established under this section and shall assure that such

17 standards are enforced. Where necessary or appropriate, the

18 Secretaries may enter into contracts and other appropriate

19 arrangements with State and local government agencies

20 and private organizations for the management of such con21 servation centers.

22 ‘‘(b) LOGISTICAL SUPPORT.—The Secretary of the In23 terior and the Secretary of Agriculture may make arrange24 ments with the Secretary of Defense to have logistical sup25 port provided by the Armed Forces to the Corps and any
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1 conservation center established under this section, where

2 feasible. Logistical support may include the provision of

3 temporary tent shelters where needed, transportation, and

4 residential supervision.

5 ‘‘(c) USE OF MILITARY INSTALLATIONS.—The Sec6 retary of the Interior and the Secretary of Agriculture may

7 make arrangements with the Secretary of Defense to iden8 tify military installations and other facilities of the Depart9 ment of Defense and, in consultation with the adjutant gen10 erals of the State National Guards, National Guard facili11 ties that may be used, in whole or in part, by the Corps

12 for training or housing Corps participants.

13 ‘‘SEC. 206. RESOURCE ASSISTANTS.

14 ‘‘(a) AUTHORIZATION.—The Secretary of the Interior

15 and the Secretary of Agriculture are each authorized to pro16 vide individual placements of resource assistants with any

17 Federal land managing agency under the jurisdiction of

18 such Secretary to carry out research or resource protection

19 activities on behalf of the agency. To be eligible for selection

20 as a resource assistant, an individual shall be at least 17

21 years of age. The Secretaries may select resource assistants

22 without regard to the provisions of title 5, United States

23 Code, governing appointments in the competitive service,

24 and without regard to the provisions of chapter 51 and sub25 chapter III of chapter 53 of such title relating to classifica-
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1 tion and General Schedule pay rates. The Secretaries shall

2 give a preference to the selection of individuals who are en3 rolled in an institution of higher education or are recent

4 graduates from an institution of higher education, as de5 fined in section 1201(a) of the Higher Education Act of

6 1965 (20 U.S.C. 1141(a)) with particular attention given

7 to ensure the full representation of women and participants

8 from historically black, Hispanic, and Native American

9 schools.

10 ‘‘(b) USE OF EXISTING NONPROFIT ORGANIZATIONS.—

11 Whenever one or more existing nonprofit organizations can

12 provide, in the judgment of the Secretary of the Interior

13 or the Secretary of Agriculture, appropriate recruitment

14 and placement services to fulfill the requirements of this sec15 tion, the Secretary may implement this section through

16 such existing organizations. Participating nonprofit orga17 nizations shall contribute to the expenses of providing and

18 supporting the resource assistants, through private sources

19 of funding, at a level equal to 25 percent of the total costs

20 of each participant in the resource assistant program who

21 has been recruited and placed through that organization.

22 Any such participating nonprofit conservation service orga23 nization shall be required, by the respective land managing

24 agency, to submit an annual report evaluating the scope,

25 size, and quality of the program, including the value of
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1 work contributed by the resource assistants, to the mission

2 of the agency.

3 ‘‘SEC. 207. LIVING ALLOWANCES AND TERMS OF SERVICE.

4 ‘‘(a) LIVING ALLOWANCES.—The Secretary of the Inte5 rior and the Secretary of Agriculture shall provide each

6 participant in the Public Lands Corps and each resource

7 assistant with a living allowance in an amount not to ex8 ceed the maximum living allowance authorized by section

9 140(a)(3) of the National and Community Service Act of

10 1990 for participants in a national service program as11 sisted under subtitle C of title I of such Act.

12 ‘‘(b) TERMS OF SERVICE.—Each participant in the

13 Corps and each resource assistant shall agree to participate

14 in the Corps or serve as a resource assistant, as the case

15 may be, for such term of service as may be established by

16 the Secretary enrolling or selecting the individual.

17 ‘‘SEC. 208. NATIONAL SERVICE EDUCATIONAL AWARDS.

18 ‘‘(a) EDUCATIONAL BENEFITS AND AWARDS.—If a

19 participant in the Public Lands Corps or a resource assist20 ant also serves in an approved national service position des21 ignated under subtitle C of title I of the National and Com22 munity Service Act of 1990, the participant or resource as23 sistant shall be eligible for a national service educational

24 award in the manner prescribed in subtitle D of such title

25 upon successfully complying with the requirements for the
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1 award. The period during which the national service edu2 cational award may be used, the purposes for which the

3 award may be used, and the amount of the award shall

4 be determined as provided under such subtitle.

5 ‘‘(b) FORBEARANCE IN THE COLLECTION OF STAFFORD

6 LOANS.—For purposes of section 428 of the Higher Edu7 cation Act of 1965, in the case of borrowers who are either

8 participants in the Corps or resource assistants, upon writ9 ten request, a lender shall grant a borrower forbearance on

10 such terms as are otherwise consistent with the regulations

11 of the Secretary of Education, during periods in which the

12 borrower is serving as such a participant or a resource as13 sistant.

14 ‘‘SEC. 209. NONDISPLACEMENT.

15 ‘‘The nondisplacement requirements of section 177 of

16 the National and Community Service Act of 1990 shall be

17 applicable to all activities carried out by the Public Lands

18 Corps, to all activities carried out under this title by a

19 qualified youth or conservation corps, and to the selection

20 and service of resource assistants.

21 ‘‘SEC. 210. FUNDING.

22 ‘‘(a) COST SHARING.—

23 ‘‘(1) PROJECTS BY QUALIFIED YOUTH OR CON24 SERVATION CORPS.—The Secretary of the Interior and

25 the Secretary of Agriculture are each authorized to
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1 pay not more than 75 percent, and shall collectively

2 pay 75 percent, of the costs of any appropriate con3 servation project carried out pursuant to this title on

4 public lands by a qualified youth or conservation

5 corps. The remaining 25 percent of the costs of such

6 a project may be provided from non-Federal sources

7 in the form of funds, services, facilities, materials,

8 equipment, or any combination of the foregoing. No

9 cost sharing shall be required in the case of any ap10 propriate conservation project carried out on Indian

11 lands under this title.

12 ‘‘(2) PUBLIC LANDS CORPS PROJECTS.—The Sec13 retary of the Interior and the Secretary of Agriculture

14 are each authorized to accept donations of funds, serv15 ices, facilities, materials, or equipment for the pur16 poses of operating the Public Lands Corps and carry17 ing out appropriate conservation projects by the

18 Corps. The Department of the Interior and the De19 partment of Agriculture shall comply with the Fed20 eral share requirements of section 129(d)(2)(B) of the

21 National and Community Service Act of 1990.

22 ‘‘(b) FUNDS AVAILABLE UNDER NATIONAL AND COM23 MUNITY SERVICE ACT.—In order to carry out the Public

24 Lands Corps or to support resource assistants and qualified

25 youth or conservation corps under this title, the Secretary
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1 of the Interior and the Secretary of Agriculture shall be eli2 gible to apply for and receive assistance described in section

3 121(b) of the National and Community Service Act of 1990,

4 from funds available under section 129(d)(2).’’.

5 (b) EFFECTIVE DATE.—The amendments made by sub6 section (a) shall take effect on October 1, 1993.

7 TITLE IV—TECHNICAL AND

8 CONFORMING AMENDMENTS

9 SEC. 401. DEFINITIONS.

10 Section 421 of the Domestic Volunteer Service Act of

11 1973 (42 U.S.C. 5061) is amended—

12 (1) by striking ‘‘and’’ at the end of paragraph

13 (6);

14 (2) by striking the period at the end of para15 graph (7) and inserting a semicolon; and

16 (3) by adding at the end the following new para17 graphs:

18 ‘‘(8) the term ‘Corporation’ means the Corpora19 tion for National and Community Service established

20 under section 191 of the National and Community

21 Service Act of 1990;

22 ‘‘(9) the term ‘foster grandparent’ means a vol23 unteer in the Foster Grandparent Program;
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1 ‘‘(10) the term ‘Foster Grandparent Program’

2 means the program established under part B of title

3 II;

4 ‘‘(11) except as provided in section 417, the term

5 ‘individual with a disability’ has the meaning given

6 the term in section 7(8) of the Rehabilitation Act of

7 1973 (29 U.S.C. 706(8));

8 ‘‘(12) the term ‘Inspector General’ means the In9 spector General of ACTION;

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

11 a volunteer in the National Senior Volunteer Corps;

12 ‘‘(14) the term ‘National Senior Volunteer Corps’

13 means the programs established under parts A, B, C,

14 and E of title II;

15 ‘‘(15) the term ‘Retired and Senior Volunteer

16 Program’ means the program established under part

17 A of title II;

18 ‘‘(16) the term ‘retired or senior volunteer’

19 means a volunteer in the Retired and Senior Volun20 teer Program;

21 ‘‘(17) the term ‘senior companion’ means a vol22 unteer in the Senior Companion Program;

23 ‘‘(18) the term ‘Senior Companion Program’

24 means the program established under part C of title

25 II;
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1 ‘‘(19) the terms ‘VISTA’ and ‘Volunteers in Serv2 ice to America’ mean the program established under

3 part A of title I; and

4 ‘‘(20) the term ‘VISTA volunteer’ means a volun5 teer in VISTA.’’.

6 SEC. 402. REFERENCES TO THE COMMISSION ON NATIONAL

7 AND COMMUNITY SERVICE.

8 (a) NATIONAL DEFENSE AUTHORIZATION ACT FOR

9 FISCAL YEAR 1993.—

10 (1) Section 1092(b) of the National Defense Au11 thorization Act for Fiscal Year 1993 (42 U.S.C.

12 12653a note) is amended—

13 (A) in paragraph (1)—

14 (i) by striking ‘‘Commission on Na15 tional Community Service’’ and inserting

16 ‘‘Corporation for National and Community

17 Service’’; and

18 (ii) by striking ‘‘Commission shall pre19 pare’’ and inserting ‘‘Board of Directors of

20 the Corporation shall prepare’’; and

21 (B) in paragraph (2), by striking ‘‘Board of

22 Directors of the Commission on National and

23 Community Service’’ and inserting ‘‘Board of

24 Directors of the Corporation for National and

25 Community Service’’.
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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 President of the Corpora6 tion for National and Community Service’’.

7 (3) Section 1094 of such Act (Public Law 102–

8 484; 106 Stat. 2535) is amended—

9 (A) in the title, by striking ‘‘COMMISSION

10 ON NATIONAL AND COMMUNITY SERVICE’’

11 and inserting ‘‘CORPORATION FOR NA12 TIONAL AND COMMUNITY SERVICE’’;

13 (B) in subsection (a)—

14 (i) in the heading, by striking ‘‘COM15 MISSION’’ and inserting ‘‘CORPORATION’’;

16 (ii) in the first sentence, by striking

17 ‘‘Commission on National and Community

18 Service’’ and inserting ‘‘Corporation for

19 National and Community Service’’; and

20 (iii) in the second sentence, by striking

21 ‘‘The Commission’’ and inserting ‘‘The

22 President of the Corporation’’; and

23 (C) in subsection (b)—

24 (i) in paragraph (1), by striking

25 ‘‘Board of Directors of the Commission on
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1 National and Community Service’’ and in2 serting ‘‘President of the Corporation for

3 National and Community Service’’; and

4 (ii) in paragraph (2), by striking ‘‘the

5 Commission’’ and inserting ‘‘the President

6 of the Corporation for National and Com7 munity Service’’.

8 (4) Section 1095 of such Act (Public Law 102–

9 484; 106 Stat. 2535) is amended in the heading for

10 subsection (b) by striking ‘‘COMMISSION ON NATIONAL

11 AND COMMUNITY SERVICE’’ and inserting ‘‘CORPORA12 TION FOR NATIONAL AND COMMUNITY SERVICE’’.

13 (5) Section 2(b) of such Act (Public Law 102–

14 484; 106 Stat. 2315) is amended by striking the item

15 relating to section 1094 of such Act and inserting the

16 following:

‘‘Sec. 1094. Other programs of the Corporation for National and Community

Service.’’.

17 (b) NATIONAL AND COMMUNITY SERVICE ACT OF

18 1990.—

19 (1) Sections 159(b)(2) (as redesignated in section

20 104(b)(3) of this Act) and 165 (as redesignated in sec21 tion 104(b)(3) of this Act), subsections (a) and (b) of

22 section 172, sections 176(a) and 177(c), and sub23 sections (a), (b), and (d) through (h) of section 179,

24 of the National and Community Service Act of 1990
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1 (42 U.S.C. 12653h(b)(2), 12653n, 12632 (a) and (b),

2 12636(a), 12637(c), and 12639 (a), (b), and (d)

3 through (h)) are each amended by striking the term

4 ‘‘Commission’’ each place the term appears and in5 serting ‘‘Corporation’’.

6 (2) Sections 152, 157(b)(2), 162(a)(2)(C), 164,

7 and 166(1) of such Act (in each case, as redesignated

8 in section 104(b)(3) of this Act) (42 U.S.C. 12653a,

9 12653f(b)(2), 12653k(a)(2)(C), 12653m, and

10 12653o(1)) are each amended by striking ‘‘Commis11 sion on National and Community Service’’ and in12 serting ‘‘Corporation’’.

13 (3) Section 163(b)(9) of such Act (as redesig14 nated in section 104(b)(3) of this Act) (42 U.S.C.

15 12635l(b)(9)) is amended by striking ‘‘Chair of the

16 Commission on National and Community Service’’

17 and inserting ‘‘President’’.

18 (4) Section 303(a) of such Act (42 U.S.C.

19 12662(a)) is amended—

20 (A) by striking ‘‘The President’’ and insert21 ing ‘‘The President of the United States, acting

22 through the Corporation,’’;

23 (B) by inserting ‘‘in furtherance of activi24 ties under section 302’’ after ‘‘section 501(b)’’;

25 and
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1 (C) by striking ‘‘the President’’ both places

2 it appears and inserting ‘‘the Corporation’’.

3 SEC. 403. REFERENCES TO DIRECTORS OF THE COMMIS4 SION ON NATIONAL AND COMMUNITY SERV5 ICE.

6 (a) PRESIDENT.—

7 (1) Section 159(a) of such Act (as redesignated

8 in section 104(b)(3) of this Act) (42 U.S.C.

9 12653h(b)) is amended—

10 (A) by striking ‘‘BOARD.—The Board’’ and

11 inserting ‘‘SUPERVISION.—The President’’;

12 (B) by striking ‘‘the Board’’ in the matter

13 preceding paragraph (1), and in paragraph (1),

14 and inserting ‘‘the President’’; and

15 (C) by striking ‘‘the Director’’ in paragraph

16 (1) and inserting ‘‘the Board’’.

17 (2) Section 159(b) of such Act (as redesignated

18 in section 104(b)(3) of this Act) (42 U.S.C.

19 12653h(b)) is amended by striking ‘‘(b)’’ and all that

20 follows through ‘‘Commission on National and Com21 munity Service’’ and inserting ‘‘(b) MONITORING AND

22 COORDINATION.—The President’’.

23 (3) Section 159(c)(1) (as redesignated in section

24 104(b)(3) of this Act) (42 U.S.C. 12653h(c)(1)) is

25 amended—
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1 (A) in subparagraph (A), by striking ‘‘the

2 Board, in consultation with the Executive Direc3 tor,’’ and inserting ‘‘the President’’; and

4 (B) in subparagraph (B)(iii), by striking

5 ‘‘the Board through the Executive Director’’ and

6 inserting ‘‘the President’’.

7 (4) Section 166(6) (as redesignated in section

8 104(b)(3) of this Act) (42 U.S.C. 12653o(6)) is

9 amended—

10 (A) by striking paragraph (6); and

11 (B) by redesignating paragraphs (7)

12 through (11) as paragraphs (6) through (10), re13 spectively.

14 (b) DIRECTOR OF CIVILIAN COMMUNITY CORPS.—Sec15 tions 155(a), 157(b)(1)(A), 158(a), 159(c)(1)(A), and

16 163(a) (in each case, as redesignated in section 104(b)(3)

17 of this Act) of the National and Community Service Act

18 of 1990 (42 U.S.C. 12653d(a), 12653f(b)(1)(A), 12653g(a),

19 12653h(c)(1)(A), and 12653l(a)) are amended by striking

20 ‘‘Director of the Civilian Community Corps’’ each place the

21 term appears and inserting ‘‘Director’’.

22 SEC. 404. DEFINITION OF DIRECTOR.

23 Section 421 of the Domestic Volunteer Service Act of

24 1973 (42 U.S.C. 5061) is amended by striking paragraph

25 (1) and inserting the following new paragraph:
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1 ‘‘(1) the term ‘Director’ means the President of

2 the Corporation for National and Community Service

3 appointed under section 193 of the National and

4 Community Service Act of 1990;’’.

5 SEC. 405. REFERENCES TO ACTION AND THE ACTION

6 AGENCY.

7 (a) DOMESTIC VOLUNTEER SERVICE ACT OF 1973.—

8 (1) Section 2(b) of the Domestic Volunteer Serv9 ice Act of 1973 (42 U.S.C. 4950(b)) is amended—

10 (A) by striking ‘‘ACTION, the Federal do11 mestic volunteer agency,’’ and inserting ‘‘this

12 Act’’; and

13 (B) by striking ‘‘ACTION shall’’ and insert14 ing ‘‘the Corporation for National and Commu15 nity Service shall’’.

16 (2) Subtitle (b) of section 124 of such Act (as re17 designated by section 322(2) of this Act) is amended

18 by striking ‘‘the ACTION Agency’’ and inserting ‘‘the

19 Corporation’’.

20 (3) Section 225(e) of such Act (42 U.S.C.

21 5025(e)) is amended by striking ‘‘the ACTION Agen22 cy’’ and inserting ‘‘the Corporation’’.

23 (4) Section 403(a) of such Act (42 U.S.C.

24 5043(a)) is amended—
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1 (A) by striking ‘‘the ACTION Agency’’ the

2 first place such term appears and inserting ‘‘the

3 Corporation under this Act’’; and

4 (B) by striking ‘‘the ACTION Agency’’ the

5 second place such term appears and inserting

6 ‘‘the Corporation’’.

7 (5) Section 408 of such Act (42 U.S.C. 5048) is

8 amended by striking ‘‘the ACTION Agency’’ and in9 serting ‘‘the Corporation’’.

10 (6) Section 421(12) of such Act (as added by sec11 tion 401 of this Act) is further amended by striking

12 ‘‘ACTION’’ and inserting ‘‘the Corporation’’.

13 (7) Section 425 of such Act (as added by section

14 370 of this Act) is further amended by striking ‘‘AC15 TION’’ and inserting ‘‘the Corporation’’.

16 (b) CIVIL SERVICE RETIREMENT SYSTEM.—Section

17 8332(j)(1) of title 5, United States Code (as amended by

18 section 372(a)(1)(A)(iii)(II) of this Act) is amended by

19 striking ‘‘the Director of ACTION’’ and inserting ‘‘the

20 President of the Corporation for National and Community

21 Service’’.

22 (c) PUBLIC HOUSING SECURITY.—Section 207(c) of

23 the Public Housing Security Demonstration Act of 1978

24 (Public Law 95–557; 92 Stat. 2093; 12 U.S.C. 1701z–6

25 note) is amended—
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1 (1) in paragraph (3)(ii), by striking ‘‘ACTION’’

2 and inserting ‘‘the Corporation for National and

3 Community Service’’; and

4 (2) in paragraph (4), by striking ‘‘ACTION’’

5 and inserting ‘‘the Corporation for National and

6 Community Service’’.

7 (d) NATIONAL FOREST VOLUNTEERS.—Section 1 of the

8 Volunteers in the National Forests Act of 1972 (16 U.S.C.

9 558a) is amended by striking ‘‘ACTION’’ and inserting

10 ‘‘the Corporation for National and Community Service’’.

11 (e) PEACE CORPS.—Section 2A of the Peace Corps Act

12 (22 U.S.C. 2501–1) is amended by inserting after ‘‘the AC13 TION Agency’’ the following: ‘‘, the successor to the AC14 TION Agency,’’.

15 (f) INDIAN ECONOMIC DEVELOPMENT.—Section 502 of

16 the Indian Financing Act of 1974 (25 U.S.C. 1542) is

17 amended by striking ‘‘ACTION Agency’’ and inserting ‘‘the

18 Corporation for National and Community Service’’.

19 (g) OLDER AMERICANS.—The Older Americans Act of

20 1965 is amended—

21 (1) in section 202(c)(1) (42 U.S.C. 3012(c)(1)),

22 by striking ‘‘the Director of the ACTION Agency’’

23 and inserting ‘‘the Corporation for National and

24 Community Service’’;
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1 (2) in section 203(a)(1) (42 U.S.C. 3013(a)(1)),

2 by striking ‘‘the ACTION Agency’’ and inserting ‘‘the

3 Corporation for National and Community Service’’;

4 and

5 (3) in section 422(b)(12)(C) (42 U.S.C.

6 3035a(b)(12)(C)), by striking ‘‘the ACTION Agency’’

7 and inserting ‘‘the Corporation for National and

8 Community Service’’.

9 (h) VISTA SERVICE EXTENSION.—Section 101(c)(1)

10 of the Domestic Volunteer Service Act Amendments of 1989

11 (Public Law 101–204; 103 Stat. 1810; 42 U.S.C. 4954 note)

12 is amended by striking ‘‘Director of the ACTION Agency’’

13 and inserting ‘‘President of the Corporation for National

14 and Community Service’’.

15 (i) AGING RESOURCE SPECIALISTS.—Section 205(c) of

16 the Older Americans Amendments of 1975 (Public Law 94–

17 135; 89 Stat. 727; 42 U.S.C. 5001 note) is amended—

18 (1) in paragraph (1)—

19 (A) by striking ‘‘the ACTION Agency,’’ and

20 inserting ‘‘the Corporation for National and

21 Community Service,’’; and

22 (B) by striking ‘‘the Director of the AC23 TION Agency’’ and inserting ‘‘the President of

24 the Corporation’’;
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1 (2) in paragraph (2)(A), by striking ‘‘ACTION

2 Agency’’ and inserting ‘‘Corporation’’; and

3 (3) in paragraph (3), by striking subparagraph

4 (A) and inserting the following new subparagraph:

5 ‘‘(A) the term ‘Corporation’ means the Corpora6 tion for National and Community Service established

7 by section 191 of the National and Community Serv8 ice Act of 1990.’’.

9 (j) PROMOTION OF PHOTOVOLTAIC ENERGY.—Section

10 11(a) of the Solar Photovoltaic Energy Research, Develop11 ment, and Demonstration Act of 1978 (42 U.S.C. 5590) is

12 amended by striking ‘‘the Director of ACTION,’’.

13 (k) COORDINATING COUNCIL ON JUVENILE JUSTICE.—

14 Section 206(a)(1) of the Juvenile Justice and Delinquency

15 Prevention Act of 1974 (42 U.S.C. 5616(a)(1)) is amended

16 by striking ‘‘the Director of the ACTION Agency’’ and in17 serting ‘‘the President of the Corporation for National and

18 Community Service’’.

19 (l) ENERGY CONSERVATION.—Section 413(b)(1) of the

20 Energy Conservation and Production Act (42 U.S.C.

21 6863(b)(1)) is amended by striking ‘‘the Director of the AC22 TION Agency,’’.

23 (m) INTERAGENCY COUNCIL ON THE HOMELESS.—

24 Section 202(a) of the Stewart B. McKinney Homeless As-
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1 sistance Act (42 U.S.C. 11312(a)) is amended by striking

2 paragraph (12) and inserting the following new paragraph:

3 ‘‘(12) The President of the Corporation for Na4 tional and Community Service, or the designee of the

5 President.’’.

6 (n) ANTI-DRUG ABUSE.—Section 3601 of the Anti7 Drug Abuse Act of 1988 (42 U.S.C. 11851) is amended by

8 striking paragraph (5) and inserting the following new

9 paragraph:

10 ‘‘(5) the term ‘Director’ means the President of

11 the Corporation for National and Community Serv12 ice,’’.

13 (o) ADMINISTRATION ON CHILDREN, YOUTH, AND FAM14 ILIES.—Section 916(b) of the Claude Pepper Young Ameri15 cans Act of 1990 (42 U.S.C. 12312(b)) is amended by strik16 ing ‘‘the Director of the ACTION Agency’’ and inserting

17 ‘‘the President of the Corporation for National and Commu18 nity Service’’.

19 SEC. 406. EFFECTIVE DATE.

20 (a) COMMISSION.—The amendments made by sections

21 401 through 402 will take effect on October 1, 1993.

22 (b) ACTION.—The amendments made by sections 404

23 and 405 shall take effect on the effective date of section

24 203(c)(2).
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1 TITLE V—RURAL COMMUNITY

2 SERVICE

3 SEC. 501. RURAL COMMUNITY SERVICE.

4 Title XI of the of the Higher Education Act of 1965

5 (20 U.S.C. 1136 et seq.) is amended by adding at the end

6 the following new part:

7 ‘‘PART C—RURAL COMMUNITY SERVICE

8 ‘‘SEC. 1171. FINDINGS; PURPOSE.

9 ‘‘(a) FINDINGS.—The Congress finds that—

10 ‘‘(1) the Nation’s rural centers are facing in11 creasingly pressing problems and needs in the areas

12 of economic development, community infrastructure

13 and service, social policy, public health, housing,

14 crime, education, environmental concerns, planning

15 and work force preparation;

16 ‘‘(2) there are, in the Nation’s rural institutions,

17 people with underutilized skills, knowledge, and expe18 rience who are capable of providing a vast range of

19 services towards the amelioration of the problems de20 scribed in paragraph (1);

21 ‘‘(3) the skills, knowledge, and experience in these

22 rural institutions, if applied in a systematic and sus23 tained manner, can make a significant contribution

24 to the solution of such problems; and
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1 ‘‘(4) the application of such skills, knowledge,

2 and experience is hindered by the limited funds avail3 able to redirect attention to solutions to such rural

4 problems.

5 ‘‘(b) PURPOSE.—It is the purpose of this part to pro6 vide incentives to rural academic institutions to enable such

7 institutions to work with private and civic organizations

8 to devise and implement solutions to pressing and severe

9 problems in their communities.

10 ‘‘SEC. 1172. PROGRAM.

11 ‘‘The Secretary is authorized to carry out a program

12 of providing assistance to eligible institutions to enable such

13 institutions to carry out the authorized activities described

14 in section 1174 in accordance with the provisions of this

15 part.

16 ‘‘SEC. 1173. APPLICATIONS FOR RURAL COMMUNITY SERV17 ICE GRANTS.

18 ‘‘(a) APPLICATION.—

19 ‘‘(1) IN GENERAL.—Each eligible institution de20 siring a grant under this part shall submit to the

21 Secretary an application at such time, in such form,

22 and containing or accompanied by such information

23 and assurances, as the Secretary may require by reg24 ulation.
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1 ‘‘(2) CONTENTS.—Each application submitted

2 pursuant to paragraph (1) shall—

3 ‘‘(A) describe the activities and services for

4 which assistance is sought; and

5 ‘‘(B) contain assurances that the eligible in6 stitution will enter into a consortium to carry

7 out the provisions of this part that includes, in

8 addition to the eligible institution, one or more

9 of the following entities:

10 ‘‘(i) A community college.

11 ‘‘(ii) A rural local educational agency.

12 ‘‘(iii) A local government.

13 ‘‘(iv) A business or other employer.

14 ‘‘(v) A nonprofit institution.

15 ‘‘(3) WAIVER.—The Secretary may waive the

16 consortium requirements described in paragraph (2)

17 for any applicant who can demonstrate to the satis18 faction of the Secretary that the applicant has devised

19 an integrated and coordinated plan which meets the

20 purpose of this part.

21 ‘‘(b) PRIORITY IN SELECTION OF APPLICATIONS.—The

22 Secretary shall give priority to applications that propose

23 to conduct joint projects supported by other local, State, and

24 Federal programs.
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1 ‘‘(c) SELECTION PROCEDURES.—The Secretary, by

2 regulation, shall develop a formal procedure for the submis3 sion of applications under this part and shall publish in

4 the Federal Register an announcement of that procedure

5 and the availability of funds under this part.

6 ‘‘SEC. 1174. AUTHORIZED ACTIVITIES.

7 ‘‘Grant funds made available under this part shall be

8 used to support planning, applied research, training, re9 source exchanges or technology transfers, the delivery of

10 services, or other activities the purpose of which is to design

11 and implement programs to assist rural communities to

12 meet and address their pressing and severe problems, such

13 as any of the following:

14 ‘‘(1) Work force preparation.

15 ‘‘(2) Rural poverty and the alleviation of such

16 poverty.

17 ‘‘(3) Health care, including health care delivery

18 and access as well as health education, prevention

19 and wellness.

20 ‘‘(4) Underperforming school systems and stu21 dents.

22 ‘‘(5) Problems faced by the elderly and individ23 uals with disabilities in rural settings.

24 ‘‘(6) Problems faced by families and children.
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1 ‘‘(7) Campus and community crime prevention,

2 including enhanced security and safety awareness

3 measures as well as coordinated programs addressing

4 the root causes of crime.

5 ‘‘(8) Rural housing.

6 ‘‘(9) Rural infrastructure.

7 ‘‘(10) Economic development.

8 ‘‘(11) Rural farming and environmental con9 cerns.

10 ‘‘(12) Other problem areas which participants in

11 the consortium described in section 1173(a)(2)(B)

12 concur are of high priority in rural areas.

13 ‘‘(13)(A) Problems faced by individuals with dis14 abilities and economically disadvantaged individuals

15 regarding accessibility to institutions of higher edu16 cation and other public and private community fa17 cilities.

18 ‘‘(B) Amelioration of existing attitudinal bar19 riers that prevent full inclusion of individuals with

20 disabilities in their community.

21 ‘‘SEC. 1175. PEER REVIEW.

22 ‘‘The Secretary shall designate a peer review panel to

23 review applications submitted under this part and make

24 recommendations for funding to the Secretary. In selecting

25 the peer review panel, the Secretary may consult with other
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1 appropriate Cabinet-level Federal officials and with non2 Federal organizations, to ensure that the panel will be geo3 graphically balanced and be composed of representatives

4 from public and private institutions of higher education,

5 labor, business, and State and local government, who have

6 expertise in rural community service or in education.

7 ‘‘SEC. 1176. DISBURSEMENT OF FUNDS.

8 ‘‘(a) MULTIYEAR AVAILABILITY.—Subject to the avail9 ability of appropriations, grants under this part may be

10 made on a multiyear basis, except that no institution, indi11 vidually or as a participant in a consortium, may receive

12 a grant for more than 5 years.

13 ‘‘(b) EQUITABLE GEOGRAPHIC DISTRIBUTION.—The

14 Secretary shall award grants under this part in a manner

15 that achieves equitable geographic distribution of such

16 grants.

17 ‘‘(c) MATCHING REQUIREMENT.—An applicant under

18 this part and the local governments associated with its ap19 plication shall contribute to the conduct of the program sup20 ported by the grant an amount from non-Federal funds

21 equal to at least one-fourth of the amount grant, which con22 tribution may be in cash or in kind, fairly evaluated.

23 ‘‘SEC. 1177. DESIGNATION OF RURAL GRANT INSTITUTIONS.

24 ‘‘The Secretary shall publish a list of eligible institu25 tions under this part and shall designate such institutions
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1 of higher education as ‘Rural Grant Institutions’. The Sec2 retary shall establish a national network of Rural Grant

3 Institutions so that the results of individual projects

4 achieved in 1 rural area can be generalized, disseminated,

5 replicated and applied throughout the Nation.

6 ‘‘SEC. 1178. DEFINITIONS.

7 ‘‘As used in this part:

8 ‘‘(1) RURAL AREA.—The term ‘rural area’ means

9 any area that is—

10 ‘‘(A) outside an urbanized area, as such

11 term is defined by the Bureau of the Census; and

12 ‘‘(B) outside any place that—

13 ‘‘(i) is incorporated or Bureau of the

14 Census designated; and

15 ‘‘(ii) has a population of 75,000 or

16 more.

17 ‘‘(2) ELIGIBLE INSTITUTION.—The term ‘eligible

18 institution’ means an institution of higher education,

19 or a consortium of such institutions any one of which

20 meets all the requirements of this paragraph, which—

21 ‘‘(A) is located in a rural area;

22 ‘‘(B) draws a substantial portion of its un23 dergraduate students from the rural area in

24 which such institution is located, or from contig25 uous areas;
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1 ‘‘(C) carries out programs to make post2 secondary educational opportunities more acces3 sible to residents of such rural areas, or contig4 uous areas;

5 ‘‘(D) has the present capacity to provide re6 sources responsive to the needs and priorities of

7 such rural areas and contiguous areas;

8 ‘‘(E) offers a range of professional, tech9 nical, or graduate programs sufficient to sustain

10 the capacity of such institution to provide such

11 resources; and

12 ‘‘(F) has demonstrated and sustained a

13 sense of responsibility to such rural area and

14 contiguous areas and the people of such areas.

15 ‘‘SEC. 1179. AUTHORIZATION OF APPROPRIATIONS; FUND16 ING RULE.

17 ‘‘(a) IN GENERAL.—There are authorized to be appro18 priated such sums as may be necessary in each fiscal year

19 to carry out the provisions of this part.

20 ‘‘(b) FUNDING RULE.—If in any fiscal year the

21 amount appropriated pursuant to the authority of sub22 section (a) is less than 50 percent of the funds appropriated

23 to carry out part A in such year, then the Secretary shall

24 make available in such year from funds appropriated to

25 carry out part A an amount equal to the difference between
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1 50 percent of the funds appropriated to carry out part A

2 and the amount appropriated pursuant to the authority of

3 subsection (a).’’.

4 SEC. 502. DEMONSTRATION PROJECT.

5 (a) IN GENERAL.—Subtitle H of title I of the National

6 and Community Service Act of 1990 (as added by section

7 104(c) of this Act) is amended by adding at the end the

8 following:

9 ‘‘SEC. 198D. SPECIAL DEMONSTRATION PROJECT.

10 ‘‘(a) SPECIAL DEMONSTRATION PROJECT FOR THE

11 YUKON-KUSKOKWIM DELTA OF ALASKA.—The President

12 may award grants to, and enter into contracts with, organi13 zations to carry out programs that address significant

14 human needs in the Yukon-Kuskokwim delta region of Alas15 ka.

16 ‘‘(b) APPLICATION.—

17 ‘‘(1) GENERAL REQUIREMENTS.—To be eligible

18 to receive a grant or enter into a contract under sub19 section (a) with respect to a program, an organiza20 tion shall submit an application to the President at

21 such time, in such manner, and containing such in22 formation as the President may require.

23 ‘‘(2) CONTENTS.—The application submitted by

24 the organization shall, at a minimum—
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1 ‘‘(A) include information describing the

2 manner in which the program will utilize

3 VISTA volunteers, individuals who have served

4 in the Peace Corps, and other qualified persons,

5 in partnership with the local not-for-profit orga6 nizations known as the Yukon-Kuskokwim

7 Health Corporation and the Alaska Village

8 Council Presidents;

9 ‘‘(B) take into consideration—

10 ‘‘(i) the primarily noncash economy of

11 the region; and

12 ‘‘(ii) the needs and desires of residents

13 of the local communities in the region; and

14 ‘‘(C) include specific strategies, developed in

15 cooperation with the Yupi’k speaking population

16 that resides in such communities, for comprehen17 sive and intensive community development for

18 communities in the Yukon-Kuskokwim delta re19 gion.’’.

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 inserting after the

23 item relating to section 198C of such Act the following:

‘‘Sec. 198D. Special demonstration project.’’.
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1 TITLE VI—FEDERAL TORT

2 CLAIMS ACT

3 SEC. 601. FEDERAL TORT CLAIMS ACT.

4 Individuals participating in programs receiving fund5 ing under this Act shall be covered by the provisions of the

6 Federal Tort Claims Act to the same extent as participants

7 in other federally funded service programs.

Attest:

Secretary.
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