Calendar No. 172

103D CONGRESS

1ST SESSION H. R. 2010

AN ACT

To amend the National and Community Service Act

and for other purposes.awards to persons participating in such service,ice, and provide national service educationalService, enhance opportunities for national servof 1990 to establish a Corporation for National

AUGUST 2 (legislative day, JUNE 30), 1993

Received; read twice and placed on the calendar
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Calendar No. 172

103D CONGRESS

1ST SESSION H. R. 2010

IN THE SENATE OF THE UNITED STATES

AUGUST 2 (legislative day, JUNE 30), 1993

Received; read twice and placed on the calendar

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.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘National Service Trust Act of 1993’’.

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

7 as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purpose.

TITLE I—PROGRAMS AND RELATED PROVISIONS
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Subtitle A—Programs

Sec. 101. Federal investment in support of national service.

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.

Sec. 105. Public Lands Corps.

Sec. 106. Urban Youth Corps.

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. Repeals.

TITLE II—ORGANIZATION

Sec. 201. State Commissions on National Service.

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

ACTION Agency.

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

Sec. 204. Actions under the national service laws to be subject to the availability of appropriations.

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. 321A. Assistant Director for 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.
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Sec. 332. Elimination of separate authority for drug abuse programs.

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. Conditions of grants and contracts.

Sec. 347. Agreements with other Federal agencies.

Sec. 348. Minority group participation.

Sec. 349. Programs of national significance.

Sec. 350. Demonstration programs.

CHAPTER 3—ADMINISTRATION

Sec. 361. Purpose of agency.

Sec. 362. Authority of the Director.

Sec. 362A. Political activities.

Sec. 363. Compensation for volunteers.

Sec. 364. Repeal of report.

Sec. 365. Application of Federal law.

Sec. 366. Nondiscrimination provisions.

Sec. 367. Elimination of separate requirements for setting regulations.

Sec. 368. Clarification of role of Inspector General.

Sec. 369. Copyright protection.

Sec. 370. 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.

TITLE IV—TECHNICAL AND CONFORMING AMENDMENTS

Sec. 401. Definition of Director.

Sec. 402. References to ACTION and the ACTION Agency.

Sec. 403. Definitions.

Sec. 404. References to the Commission on National and Community Service.

Sec. 405. References to Directors of the Commission on National and Community Service.

Sec. 406. Effective date.

TITLE V—GENERAL PROVISIONS

Sec. 501. Compliance with Buy American Act.

Sec. 502. Sense of Congress; requirement regarding notice.
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Sec. 503. Prohibition of contracts with persons falsely labeling products as

Made in America.

TITLE VI—LIMITATION ON LIABILITY OF VOLUNTEERS

Sec. 601. Findings and purpose.

Sec. 602. No premption of State tort law.

Sec. 603. Limitation on liability for volunteers.

Sec. 604. Definitions.

1 SEC. 2. FINDINGS AND PURPOSE.

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

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

4 amended to read as follows:

5 ‘‘SEC. 2. FINDINGS AND PURPOSE.

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

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

8 pressing unmet human, educational, environmental,

9 and public safety needs.

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

12 religion, disability, or region.

13 ‘‘(3) The rising costs of post-secondary edu14 cation are putting higher education out of reach for

15 an increasing number of citizens.

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

17 communities and become better citizens through

18 service to the United States.

19 ‘‘(5) Nonprofit organizations, local govern20 ments, States, and the Federal Government are al21 ready supporting a wide variety of national service
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1 programs that deliver needed services in a cost-effec2 tive manner.

3 ‘‘(6) Residents of low-income communities, es4 pecially youths and young adults in these commu5 nities, can be empowered through their service to

6 help provide future 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

13 States;

14 ‘‘(3) expand educational opportunity by reward15 ing individuals who participate in national service

16 with an increased ability to pursue higher education

17 or job training;

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

19 regardless of age, income, or disability, to engage in

20 full-time or part-time national service;

21 ‘‘(5) reinvent government to eliminate duplica22 tion, support locally established initiatives, require

23 measurable goals for performance, and offer flexibil24 ity in meeting those goals;
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1 ‘‘(6) expand and strengthen existing service

2 programs with demonstrated experience in providing

3 structured service opportunities with visible benefits

4 to the participants and community;

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

6 infrastructure of Federal, State, and local programs

7 and agencies to expand full-time and part-time serv8 ice opportunities for all citizens; and

9 ‘‘(8) provide tangible benefits to the commu10 nities in which national service is performed.’’.

11 (b) TABLE OF CONTENTS.—Section 1(b) of the Na12 tional and Community Service Act of 1990 (Public Law

13 101–610; 104 Stat. 3127) is amended by striking the item

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

‘‘Sec. 2. Findings and purpose.’’.

15 TITLE I—PROGRAMS AND

16 RELATED PROVISIONS

17 Subtitle A—Programs

18 SEC. 101. FEDERAL INVESTMENT IN SUPPORT OF NA19 TIONAL SERVICE.

20 (a) TRANSFER OF EXISTING SUBTITLE.—Title I of

21 the National and Community Service Act of 1990 (42

22 U.S.C. 12501 et seq.) is amended—

23 (1) by redesignating subtitle C (42 U.S.C.

24 12653 et seq.) as subtitle I;
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1 (2) by inserting subtitle I (as redesignated by

2 paragraph (1) of this subsection) after subtitle H;

3 and

4 (3) by redesignating sections 120 through 136

5 as sections 199 through 199O, respectively.

6 (b) ASSISTANCE PROGRAM AUTHORIZED.—Title I of

7 the National and Community Service Act of 1990 (42

8 U.S.C. 12501 et seq.) is amended by inserting after sub9 title B the following new subtitle:

10 ‘‘Subtitle C—National Service Trust

11 Program

12 ‘‘PART I—INVESTMENT IN NATIONAL SERVICE

13 ‘‘SEC. 121. AUTHORITY TO PROVIDE ASSISTANCE AND AP14 PROVED NATIONAL SERVICE POSITIONS.

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

16 for National Service may make grants to States, subdivi17 sions of States, Indian tribes, public and private nonprofit

18 organizations, and institutions of higher education for the

19 purpose of assisting the recipients of the grants—

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

21 service programs, including summer programs, de22 scribed in section 122(a); and

23 ‘‘(2) to make grants in support of other na24 tional service programs described in section 122(a)

25 that are carried out by other entities.
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1 ‘‘(b) AGREEMENTS WITH FEDERAL AGENCIES.—The

2 Corporation may enter into a contract or cooperative

3 agreement with another Federal agency to support a na4 tional service program carried out by the agency. The sup5 port provided by the Corporation pursuant to the contract

6 or cooperative agreement may include the transfer to the

7 Federal agency of funds available to the Corporation

8 under this subtitle. A Federal agency receiving assistance

9 under this subsection shall not be required to satisfy the

10 matching funds requirements specified in subsection (e).

11 However, the supplementation requirements specified in

12 section 173 shall apply with respect to the Federal na13 tional service programs supported with such assistance. A

14 Federal agency receiving assistance under this subsection

15 shall consult with the State Commissions for those States

16 in which projects will be conducted in order to ensure that

17 the projects do not duplicate existing State or local pro18 grams.

19 ‘‘(c) PROVISION OF APPROVED NATIONAL SERVICE

20 POSITIONS.—As part of the provision of assistance under

21 subsections (a) and (b), the Corporation shall—

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

23 educational awards described in subtitle D for the

24 participants who serve in national service programs

25 carried out using such assistance; and
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1 ‘‘(2) deposit in the National Service Trust es2 tablished in section 145(a) an amount equal to the

3 product of—

4 ‘‘(A) the value of a national service edu5 cational award under section 147; and

6 ‘‘(B) the total number of approved national

7 service positions to be provided.

8 ‘‘(d) FIVE PERCENT LIMITATION ON ADMINISTRA9 TIVE COSTS.—

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

11 the amount of assistance provided to the original re12 cipient of a grant or transfer of assistance under

13 subsection (a) or (b) for a fiscal year may be used

14 to pay for administrative costs incurred by—

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

16 ‘‘(B) national service programs carried out

17 or supported with the assistance.

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

19 rule prescribe the manner and extent to which—

20 ‘‘(A) assistance provided under subsection

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

22 costs; and

23 ‘‘(B) that portion of the assistance avail24 able to cover administrative costs should be dis25 tributed between—
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1 ‘‘(i) the original recipient of the grant

2 or transfer of assistance under such sub3 section; and

4 ‘‘(ii) national service programs carried

5 out or supported with the assistance.

6 ‘‘(e) MATCHING FUNDS REQUIREMENTS.—

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

8 section 140, the Federal share of the cost of carry9 ing out a national service program that receives the

10 assistance under subsection (a), whether the assist11 ance is provided directly or as a subgrant from the

12 original recipient of the assistance, may not exceed

13 75 percent of such cost.

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

16 service program, the program—

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

18 a payment in cash (including not more than 85

19 percent of the cost of providing a health care

20 policy described in section 140(d)(2)) or in

21 kind, fairly evaluated, including facilities, equip22 ment, or services; and

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

24 State sources, local sources, or other Federal
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1 sources (other than the use of funds made

2 available under the national service laws).

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

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

5 with respect to a national service program in any fis6 cal year if the Corporation determines that such a

7 waiver would be equitable due to a lack of available

8 financial resources at the local level.

9 ‘‘SEC. 122. TYPES OF NATIONAL SERVICE PROGRAMS ELIGI10 BLE FOR PROGRAM ASSISTANCE.

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

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

13 Federal agency receiving assistance under section 121(b)

14 shall use the assistance, directly or through subgrants to

15 other entities, to carry out full- or part-time national serv16 ice programs, including summer programs, that address

17 unmet human, educational, environmental, or public safe18 ty needs. Subject to subsection (b)(1), these national serv19 ice programs may include the following types of national

20 service programs:

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

22 unmet human, educational, environmental, or public

23 safety needs and promotes greater community unity

24 through the use of organized teams of participants

25 of varied social and economic backgrounds, skill lev-
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1 els, physical and developmental capabilities, ages,

2 ethnic backgrounds, or genders.

3 ‘‘(2) A full-time, year-round youth corps pro4 gram or full-time summer youth corps program,

5 such as a conservation corps or youth service corps

6 (including the Public Lands Corps established under

7 the Public Lands Corps Act of 1993, the Urban

8 Youth Corps established under section 106 of the

9 National Service Trust Act of 1993, and other con10 servation corps or youth service corps that performs

11 service on Federal or other public lands or on Indian

12 lands or Hawaiian home lands), that—

13 ‘‘(A) undertakes meaningful service

14 projects with visible public benefits, including

15 natural resource, urban renovation, or human

16 services projects;

17 ‘‘(B) includes as participants youths and

18 young adults between the ages of 16 and 25, in19 clusive, including out-of-school youths and other

20 disadvantaged youths (such as youths with lim21 ited basic skills, youths in foster care who are

22 becoming too old for foster care, youths of lim23 ited English proficiency, and homeless youths,

24 and youths with disabilities) who are between

25 those ages; and
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1 ‘‘(C) provides those participants who are

2 youths and young adults with—

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

4 and adult-supervised work experience, life

5 skills, education, career guidance and

6 counseling, employment training, and sup7 port services; and

8 ‘‘(ii) the opportunity to develop citi9 zenship values and skills through service to

10 their community and the United States.

11 ‘‘(3) A program that provides specialized train12 ing to individuals in service-learning and places the

13 individuals after such training in positions, including

14 positions as service-learning coordinators, to facili15 tate service-learning in programs eligible for funding

16 under part I subtitle B.

17 ‘‘(4) A service program that is targeted at spe18 cific unmet human, educational, environmental, or

19 public safety needs and that—

20 ‘‘(A) recruits individuals with special skills

21 or provides specialized preservice training to en22 able participants to be placed individually or in

23 teams in positions in which the participants can

24 meet such unmet needs; and
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1 ‘‘(B) if consistent with the purposes of the

2 program, brings participants together for addi3 tional training and other activities designed to

4 foster civic responsibility, increase the skills of

5 participants, and improve the quality of the

6 service provided.

7 ‘‘(5) An individualized placement program that

8 includes regular group activities, such as leadership

9 training and special service projects.

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

11 to provide substantial service in a community during

12 the school term and during summer or other vaca13 tion periods through the use of—

14 ‘‘(A) students who are attending an insti15 tution of higher education, including students

16 supported by work-study funds under part C of

17 title IV of the Higher Education Act of 1965

18 (42 U.S.C. 2751 et seq.);

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

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

21 such students and community residents.

22 ‘‘(7) A preprofessional training program in

23 which students enrolled in an institution of higher

24 education—
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1 ‘‘(A) receive training in specified fields,

2 which may include classes containing service3 learning;

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

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

8 ‘‘(C) agree to provide service upon gradua9 tion to meet unmet human, educational, envi10 ronmental, or public safety needs related to

11 such training.

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

13 trains, and places qualified participants in posi14 tions—

15 ‘‘(A) as teachers, nurses, police officers,

16 early childhood development staff, or other pro17 fessionals providing service to meet educational,

18 human, environmental, or public safety needs in

19 communities with an inadequate number of

20 such professionals;

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

22 the maximum living allowance authorized in

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

24 subsection (c) of such section; and
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1 ‘‘(C) that are sponsored by public or pri2 vate nonprofit employers who agree to pay 100

3 percent of the salaries and benefits (other than

4 any national service educational award under

5 subtitle D) of the participants.

6 ‘‘(9) A program in which economically dis7 advantaged individuals (including individuals with

8 disabilities) who are between the ages of 16 and 25

9 years of age, inclusive, are provided with opportuni10 ties to perform service that, while enabling such in11 dividuals to obtain the education and employment

12 skills necessary to achieve economic self-sufficiency,

13 will help their communities meet—

14 ‘‘(A) the housing needs of low-income fam15 ilies and the homeless; and

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

17 low-income areas.

18 ‘‘(10) A national service entrepreneur program

19 that identifies, recruits, and trains gifted young

20 adults of all backgrounds and assists them in de21 signing solutions to community problems.

22 ‘‘(11) An intergenerational program that com23 bines students, out-of-school youths, and older

24 adults as participants to provide needed community

25 services, including an intergenerational component
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1 for other national service programs described in this

2 subsection.

3 ‘‘(12) A program that is administered by a

4 combination of nonprofit organizations located in a

5 low-income area, provides a broad range of services

6 to residents of such area, is governed by a board

7 composed in significant part of low-income individ8 uals, and is intended to provide opportunities for in9 dividuals or teams of individuals to engage in com10 munity projects in such area that meet unaddressed

11 community and individual needs, including projects

12 that would—

13 ‘‘(A) meet the needs of low-income children

14 and youth aged 18 and younger, such as pro15 viding after-school ‘safe-places’ with opportuni16 ties for learning and recreation; or

17 ‘‘(B) be directed to other important

18 unaddressed needs in such area.

19 ‘‘(13) A community service program designed to

20 meet the needs of rural communities, using teams or

21 individual placements to address the development

22 needs of rural communities and to combat rural pov23 erty, including health care, education, and job train24 ing.
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1 ‘‘(14) A program that seeks to eliminate hunger

2 in communities and rural areas through service in

3 projects—

4 ‘‘(A) involving food banks, food pantries,

5 and nonprofit organizations that provide food

6 during emergencies;

7 ‘‘(B) involving the gleaning of prepared

8 and unprepared food that would otherwise be

9 discarded as unusable so that the usable por10 tion of such food may be donated to food banks,

11 food pantries, and other nonprofit organiza12 tions;

13 ‘‘(C) seeking to address the long-term

14 causes of hunger through education and the de15 livery of appropriate services; or

16 ‘‘(D) providing training in basic health,

17 nutrition, and life skills necessary to alleviate

18 hunger in communities and rural areas.

19 ‘‘(15) Such other national service programs ad20 dressing unmet human, educational, environmental,

21 or public safety needs as the Corporation may des22 ignate.

23 ‘‘(b) QUALIFICATION CRITERIA TO DETERMINE ELI24 GIBILITY.—
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1 ‘‘(1) ESTABLISHMENT BY CORPORATION.—The

2 Corporation shall establish qualification criteria for

3 different types of national service programs for the

4 purpose of determining whether a particular national

5 service program should be considered to be a na6 tional service program eligible to receive assistance

7 or approved national service positions under this

8 subtitle.

9 ‘‘(2) CONSULTATION.—In establishing qualifica10 tion criteria under paragraph (1), the Corporation

11 shall consult with organizations and individuals with

12 extensive experience in developing and administering

13 effective national service programs or regarding the

14 delivery of human, educational, environmental, or

15 public safety services to communities or persons.

16 ‘‘(3) APPLICATION TO SUBGRANTS.—The quali17 fication criteria established by the Corporation under

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

19 assistance under section 121(a) that uses any por20 tion of the assistance to conduct a grant program to

21 support other national service programs.

22 ‘‘(4) ENCOURAGEMENT OF INTERGEN23 ERATIONAL COMPONENTS OF PROGRAMS.—The Cor24 poration shall encourage national service programs

25 eligible to receive assistance or approved national
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1 service positions under this subtitle to establish, if

2 consistent with the purposes of the program, an

3 intergenerational component of the program that

4 combines students, out-of-school youths, and older

5 adults as participants to provide services to address

6 unmet human, educational, environmental, or public

7 safety needs.

8 ‘‘(c) NATIONAL SERVICE PRIORITIES.—

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

10 order to concentrate national efforts on meeting cer11 tain unmet human, educational, environmental, or

12 public safety needs and to achieve the other pur13 poses of this Act, the Corporation may establish,

14 and periodically alter, priorities regarding the types

15 of national service programs to be assisted under

16 section 121 and the purposes for which such assist17 ance may be used.

18 ‘‘(2) NOTICE TO APPLICANTS.—The Corpora19 tion shall provide advance notice to potential appli20 cants of any national service priorities to be in effect

21 under this subsection for a fiscal year. The notice

22 shall specifically include—

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

24 in the priorities since the previous notice; and
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1 ‘‘(B) a description of the national service

2 programs that are designated by the Corpora3 tion under section 133(d)(2) as eligible for pri4 ority consideration in the next competitive dis5 tribution of assistance under section 121(a).

6 ‘‘(3) APPLICATION TO SUBGRANTS.—Any na7 tional service priorities established by the Corpora8 tion under this subsection shall also be used by each

9 recipient of funds under section 121(a) that uses

10 any portion of the assistance to conduct a grant pro11 gram to support other national service programs.

12 ‘‘SEC. 123. TYPES OF NATIONAL SERVICE POSITIONS ELIGI13 BLE FOR APPROVAL FOR NATIONAL SERVICE

14 EDUCATIONAL AWARDS.

15 ‘‘The Corporation may approve of any of the follow16 ing service positions as an approved national service posi17 tion that includes the national service educational award

18 described in subtitle D as one of the benefits to be pro19 vided for successful service in the position:

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

21 service program described in section 122(a) that re22 ceives assistance under subsection (a) or (b) of sec23 tion 121.

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

25 that—
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1 ‘‘(A) is carried out by a State, a subdivi2 sion of a State, an Indian tribe, a public or pri3 vate nonprofit organization, an institution of

4 higher education, or a Federal agency; and

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

6 under section 121(a), based on criteria estab7 lished by the Corporation, but has not applied

8 for such assistance.

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

10 volunteer under title I of the Domestic Volunteer

11 Service Act of 1973 (42 U.S.C. 4951 et seq.).

12 ‘‘(4) A position facilitating service-learning in a

13 program described in section 122(a)(3) that is eligi14 ble for assistance under part I of subtitle B.

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

16 Community Corps under subtitle E.

17 ‘‘(6) A position involving service as a crew lead18 er in a youth corps program or a similar position

19 supporting a national service program that receives

20 an approved national service position.

21 ‘‘(7) Such other national service positions as

22 the Corporation considers to be appropriate.

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

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

25 provide assistance under section 121 to a qualified appli-
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1 cant that submits an application under section 130 for the

2 planning of a national service program. Assistance pro3 vided in accordance with this subsection may cover a pe4 riod of not more than 1 year.

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

6 may provide assistance under section 121 to a qualified

7 applicant that submits an application under section 130

8 for the establishment, operation, or expansion of a na9 tional service program. Assistance provided in accordance

10 with this subsection may cover a period of not more than

11 3 years, but may be renewed by the Corporation upon con12 sideration of a new application under section 130.

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

14 may provide assistance under section 121 to a qualified

15 applicant that submits an application under section 130

16 for the expansion of a proven national service program to

17 another geographical location. Assistance provided in ac18 cordance with this subsection may cover a period of not

19 more than 3 years, but may be renewed by the Corpora20 tion upon consideration of a new application under section

21 130.

22 ‘‘(d) APPLICATION TO SUBGRANTS.—The require23 ments of this section shall apply to any State or other

24 applicant receiving assistance under section 121 that pro-
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1 poses to conduct a grant program using the assistance to

2 support other national service programs.

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

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

5 conduct, directly or by grant or contract, appropriate

6 training programs regarding national service in order to—

7 ‘‘(1) improve the ability of national service pro8 grams assisted under section 121 to meet human,

9 educational, environmental, or public safety needs in

10 communities—

11 ‘‘(A) where services are needed most; and

12 ‘‘(B) where programs do not currently

13 exist or are currently too limited to meet com14 munity needs;

15 ‘‘(2) promote leadership development in such

16 programs;

17 ‘‘(3) improve the instructional and pro18 grammatic quality of such programs to build an

19 ethic of civic responsibility;

20 ‘‘(4) develop the management and budgetary

21 skills of program operators;

22 ‘‘(5) provide for or improve the training pro23 vided to the participants in such programs; and

24 ‘‘(6) encourage national service programs to ad25 here to risk management procedures, including the
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1 training of participants in appropriate risk manage2 ment practices.

3 ‘‘(b) TECHNICAL ASSISTANCE.—The Corporation

4 shall make appropriate technical assistance available to

5 States, subdivisions of States, Federal agencies, Indian

6 tribes, public and private nonprofit organizations, and in7 stitutions of higher education that desire—

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

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

10 or under a grant program conducted using assist11 ance provided under such section.

12 ‘‘SEC. 126. OTHER SPECIAL ASSISTANCE.

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

14 ‘‘(1) ASSISTANCE AUTHORIZED.—Of the funds

15 appropriated to carry out this subtitle in each fiscal

16 year, not to exceed $17,500,000 shall be available to

17 the Corporation to make assistance available to as18 sist a State to establish or operate the State Com19 mission on National Service required to be estab20 lished by the State under section 178.

21 ‘‘(2) AMOUNT OF ASSISTANCE.—Except as pro22 vided in paragraph (3), the amount of assistance

23 that may be provided to a State Commission under

24 this subsection, together with other Federal funds
26

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1 available to establish or operate the State Commis2 sion, may not exceed—

3 ‘‘(A) 85 percent of the total cost to estab4 lish or operate the State Commission for the

5 first year for which the State Commission re6 ceives assistance under this subsection; and

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

8 as the Corporation may establish for the sec9 ond, third, and fourth years of such assistance

10 in order to ensure that the Federal share does

11 not exceed 50 percent of such costs for the fifth

12 year, and any subsequent year, for which the

13 State Commission receives assistance under this

14 subsection.

15 ‘‘(3) MAXIMUM AMOUNT OF ASSISTANCE.—The

16 total amount of assistance that may be provided to

17 a State Commission under this subsection for a year

18 may not exceed $500,000.

19 ‘‘(b) DISASTER SERVICE.—The Corporation may un20 dertake activities to involve youth corps programs de21 scribed in section 122(a)(2) and other programs that re22 ceive assistance under the national service laws in relief

23 efforts in response to an emergency or major disaster de24 clared by the President under the Robert T. Stafford Dis-
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1 aster Relief and Emergency Assistance Act (42 U.S.C.

2 5121 et seq.).

3 ‘‘(c) CHALLENGE GRANTS FOR NATIONAL SERVICE

4 PROGRAMS.—

5 ‘‘(1) ASSISTANCE AUTHORIZED.—The Corpora6 tion may make challenge grants under this sub7 section to a national service program that receives

8 assistance under section 121. The Corporation shall

9 develop criteria for the selection of challenge grant

10 recipients so as to make the grants widely available

11 to a variety of high-quality national service programs

12 with demonstrated experience in providing service

13 opportunities with visible benefits to the participants

14 and to the community served.

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

16 grant under this subsection may provide not more

17 than $1 of assistance under this subsection for each

18 $1 in cash raised by the national service program

19 from private sources in excess of amounts required

20 to be provided by the program to satisfy matching

21 funds requirements under section 121(e). The Cor22 poration shall establish a ceiling on the amount of

23 assistance that may be provided to a national service

24 program under this subsection.
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1 ‘‘PART II—APPLICATION AND APPROVAL

2 PROCESS

3 ‘‘SEC. 129. PROVISION OF ASSISTANCE AND APPROVED NA4 TIONAL SERVICE POSITIONS BY COMPETI5 TIVE AND OTHER MEANS.

6 ‘‘(a) ALLOTMENTS OF ASSISTANCE AND APPROVED

7 POSITIONS TO STATES AND INDIAN TRIBES.—

‘‘(1) 331 8 ⁄3 PERCENT ALLOTMENT OF ASSIST9 ANCE TO CERTAIN STATES.—Of the funds allocated

10 by the Corporation for provision of assistance under

11 subsections (a) and (b) of section 121 for a fiscal

12 year, the Corporation shall make a grant under sec13 tion 121(a) (and a corresponding allotment of ap14 proved national service positions) to each of the sev15 eral States, the District of Columbia, and the Com16 monwealth of Puerto Rico that has an application

17 approved by the Corporation under section 133. The

18 amount allotted as a grant to each such State under

19 this paragraph for a fiscal year shall be equal to the

amount that bears the same ratio to 331 20 ⁄3 percent

21 of the allocated funds for that fiscal year as the pop22 ulation of the State bears to the total population of

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

24 Commonwealth of Puerto Rico.

25 ‘‘(2) ONE PERCENT ALLOTMENT FOR CERTAIN

26 TERRITORIES AND POSSESSIONS.—Of the funds allo-
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1 cated by the Corporation for provision of assistance

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

3 fiscal year, the Corporation shall reserve 1 percent

4 of the allocated funds for grants under section

5 121(a) to the Virgin Islands of the United States,

6 Guam, American Samoa, and the Commonwealth of

7 the Northern Mariana Islands upon approval of an

8 application by the Corporation under section 133.

9 Palau shall also be eligible for a grant under this

10 paragraph from the allotment until such time as the

11 Compact of Free Association with Palau is ratified.

12 The amount allotted as a grant to each such terri13 tory or possession under this paragraph for a fiscal

14 year shall be equal to the amount that bears the

15 same ratio to 1 percent of the allocated funds for

16 that fiscal year as the population of the territory or

17 possession bears to the total population of such ter18 ritories and possessions.

19 ‘‘(3) ONE PERCENT ALLOTMENT FOR INDIAN

20 TRIBES.—Of the funds allocated by the Corporation

21 for provision of assistance under subsections (a) and

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

23 shall reserve 1 percent of the allocated funds for

24 grants under section 121(a) to Indian tribes, to be
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1 allotted by the Corporation on a competitive basis in

2 accordance with their respective needs.

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

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

5 give notice to the Corporation of its intent to apply

6 for, an allotment under this subsection, the Corpora7 tion shall use the amount that would have been al8 lotted under this subsection to the State or Indian

9 tribe—

10 ‘‘(A) to make grants (and provide ap11 proved national service positions in connection

12 with such grants) to other eligible entities

13 under section 121 that propose to carry out na14 tional service programs in the State or on be15 half of the Indian tribe; and

16 ‘‘(B) after making grants under subpara17 graph (A), to make a reallotment to other

18 States and Indian tribes with approved applica19 tions under section 130.

20 ‘‘(5) EFFECT OF STATE FAILURE TO LIMIT LI21 ABILITY.—If, not later than 2 years after the effec22 tive date of this subtitle, a State fails to have in ef23 fect (and to certify in its application that the State

24 has in effect) a limitation on liability that satisfies

25 the requirements of title V of the National Service
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1 Trust Act of 1993, the allotment for such State

2 shall be reduced by 5 percent, and the Corporation

3 shall allot the amount of the reduction among the

4 States that have in effect (and so certify) such limi5 tation.

6 ‘‘(b) RESERVATION OF APPROVED POSITIONS.—The

7 Corporation shall ensure that each individual selected dur8 ing a fiscal year for assignment as a VISTA volunteer

9 under title I of the Domestic Volunteer Service Act of

10 1973 (42 U.S.C. 4951 et seq.) or as a participant in the

11 Civilian Community Corps Demonstration Program under

12 subtitle E shall receive the national service educational

13 award described in subtitle D if the individual satisfies the

14 eligibility requirements for the award. Funds for approved

15 national service positions required by this paragraph for

16 a fiscal year shall be deducted from the total funding for

17 approved national service positions to be available for dis18 tribution under subsections (a) and (d) for that fiscal year.

19 ‘‘(c) RESERVATION FOR SPECIAL ASSISTANCE.—Of

20 the funds appropriated under section 501(a)(2), and sub21 ject to the limitation in that section, the Corporation may

22 reserve such amount as the Corporation considers to be

23 appropriate for the purpose of making assistance available

24 under sections 125 and 126. However, the Corporation
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1 may not reserve more than $10,000,000 for a fiscal year

2 for challenge grants under section 126(c).

3 ‘‘(d) COMPETITIVE DISTRIBUTION OF REMAINING

4 FUNDS AND APPROVED POSITIONS.—

5 ‘‘(1) STATE COMPETITION.—Of the funds allo6 cated by the Corporation for provision of assistance

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

8 fiscal year, the Corporation shall use not less than

331 9 ⁄3 percent of the allocated funds to make grants

10 to States on a competitive basis under section

11 121(a).

12 ‘‘(2) FEDERAL AGENCIES AND OTHER APPLI13 CANTS.—The Corporation shall distribute on a com14 petitive basis to subdivisions of States, Indian tribes,

15 public and private nonprofit organizations (including

16 labor organizations), institutions of higher edu17 cation, and Federal agencies the remainder of the

18 funds allocated by the Corporation for provision of

19 assistance under section 121 for a fiscal year, after

20 operation of paragraph (1) and subsections (a) and

21 (c). However, the Corporation may not provide more

than 1 22 ⁄3 of the funds available for competitive dis23 tribution under this paragraph for a fiscal year to

24 Federal agencies under section 121(b).
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1 ‘‘(3) LIMITATIONS.—The Corporation may limit

2 the categories of eligible applicants for assistance

3 under paragraph (2) consistent with the priorities

4 established by the Corporation under section

5 133(d)(2).

6 ‘‘(e) APPLICATION REQUIRED.—The allotment of as7 sistance and approved national service positions to a State

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

9 distribution of assistance and approved national service

10 positions under subsection (d), shall be made by the Cor11 poration only pursuant to an application submitted by a

12 State or other applicant under section 130 and approved

13 by the Corporation under section 133.

14 ‘‘(f) DISTRIBUTION OF APPROVED POSITIONS SUB15 JECT TO AVAILABLE FUNDS.—The Corporation may not

16 distribute approved national service positions under this

17 section for a fiscal year in excess of the number of such

18 positions for which the Corporation has sufficient available

19 funds in the National Service Trust for that fiscal year

20 to satisfy the maximum possible obligations to be incurred

21 by the United States to provide the national service edu22 cational award corresponding to service in these positions.

23 ‘‘(g) SPONSORSHIP OF APPROVED NATIONAL SERV24 ICE POSITIONS.—
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1 ‘‘(1) SPONSORSHIP AUTHORIZED.—The Cor2 poration may enter into agreements with persons or

3 entities who offer to sponsor national service posi4 tions for which the person or entity will be respon5 sible for supplying the funds necessary to provide a

6 national service educational award. The distribution

7 of these approved national service positions shall be

8 made pursuant to the agreement, and the creation

9 of these positions shall not be taken into consider10 ation in determining the number of approved na11 tional service positions to be available for distribu12 tion under this section.

13 ‘‘(2) DEPOSIT OF CONTRIBUTION.—Funds pro14 vided pursuant to an agreement under paragraph

15 (1) and any other funds contributed to the Corpora16 tion to support the activities of the Corporation

17 under the national service laws shall be deposited in

18 the National Service Trust established in section

19 145 until such time as the funds are needed.

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

21 NATIONAL SERVICE POSITIONS.

22 ‘‘(a) TIME, MANNER, AND CONTENT OF APPLICA23 TION.—To be eligible to receive assistance under section

24 121 and approved national service positions for partici25 pants who serve in the national service programs to be
35

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1 carried out using the assistance, a State, subdivision of

2 a State, Indian tribe, public or private nonprofit organiza3 tion, institution of higher education, or Federal agency

4 shall prepare and submit to the Corporation an application

5 at such time, in such manner, and containing such infor6 mation as the Corporation may reasonably require.

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

8 order to have adequate information upon which to consider

9 an application under section 133, the Corporation may re10 quire the following information to be provided in an appli11 cation submitted under subsection (a):

12 ‘‘(1) A description of the national service pro13 grams proposed to be carried out directly by the ap14 plicant using assistance provided under section 121.

15 ‘‘(2) A description of the national service pro16 grams that are selected by the applicant to receive

17 a grant from assistance requested under section 121

18 and a description of the process and criteria by

19 which the programs were selected, unless such a

20 process conflicts with State or local law, regulation,

21 or policy.

22 ‘‘(3) A description of other funding sources to

23 be used, or sought to be used, for the national serv24 ice programs referred to in paragraphs (1) and (2),

25 and, if the application is submitted for the purpose
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1 of seeking a renewal of assistance, a description of

2 the success of the programs in not increasing their

3 reliance on funds provided under this Act.

4 ‘‘(4) A description of the extent to which the

5 projects to be conducted using the assistance will ad6 dress unmet human, educational, environmental, or

7 public safety needs and produce a direct benefit for

8 the community in which the projects are performed.

9 ‘‘(5) A description of the plan to be used to re10 cruit participants, including youth with disabilities

11 and economically disadvantaged youth, for the na12 tional service programs referred to in paragraphs (1)

13 and (2).

14 ‘‘(6) A description of the manner in which the

15 national service programs referred to in paragraphs

16 (1) and (2) build on existing programs, including

17 Federal programs.

18 ‘‘(7) A description of the manner in which the

19 national service programs referred to in paragraphs

20 (1) and (2) will involve participants—

21 ‘‘(A) in projects that build an ethic of civic

22 responsibility and produce a positive change in

23 the lives of participants through training and

24 participation in meaningful service experiences
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1 and opportunities for reflection on such experi2 ences; and

3 ‘‘(B) in leadership positions in implement4 ing and evaluating the program.

5 ‘‘(8) Measurable goals for the national service

6 programs referred to in paragraphs (1) and (2), and

7 a strategy to achieve such goals, in terms of—

8 ‘‘(A) the impact to be made in meeting

9 unmet human, educational, environmental, or

10 public safety needs; and

11 ‘‘(B) the service experience to be provided

12 to participants in the programs.

13 ‘‘(9) A description of the manner and extent to

14 which the national service programs referred to in

15 paragraphs (1) and (2) conform to the national serv16 ice priorities established by the Corporation under

17 section 122(c).

18 ‘‘(10) A description of the past experience of

19 the applicant in operating a comparable program or

20 in conducting a grant program in support of other

21 comparable service programs.

22 ‘‘(11) A description of the type and number of

23 proposed service positions in which participants will

24 receive the national service educational award de25 scribed in subtitle D and a description of the man-
38

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1 ner in which approved national service positions will

2 be apportioned by the applicant.

3 ‘‘(12) A description of the manner and extent

4 to which participants, representatives of the commu5 nity served, community-based agencies with a dem6 onstrated record of experience in providing services,

7 and labor organizations contributed to the develop8 ment of the national service programs referred to in

9 paragraphs (1) and (2), including the identity of the

10 individual representing each appropriate labor orga11 nization (if any) who was consulted and the nature

12 of the consultation.

13 ‘‘(13) Such other information as the Corpora14 tion may reasonably require.

15 ‘‘(c) APPLICATION TO RECEIVE ONLY APPROVED

16 NATIONAL SERVICE POSITIONS.—

17 ‘‘(1) APPLICABILITY OF SUBSECTION.—This

18 subsection shall apply in the case of an application

19 in which—

20 ‘‘(A) the applicant is not seeking assist21 ance under subsection (a) or (b) of section 121,

22 but requests national service educational

23 awards for individuals serving in service posi24 tions described in section 123; or
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1 ‘‘(B) the applicant requests national serv2 ice 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

2 be submitted by the State Commission.

3 ‘‘(2) COMPETITIVE SELECTION.—The applica4 tion of a State shall contain an assurance that all

5 assistance provided under section 121(a) to the

6 State will be used to support national service pro7 grams that were selected by the State on a competi8 tive basis. In making such competitive selections, the

9 State shall seek to ensure the equitable allocation

10 within the State of assistance and approved national

11 service positions provided under this subtitle to the

12 State taking into consideration such factors as the

13 location of the programs applying to the State, pop14 ulation density, and economic distress.

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

16 The application of a State shall also contain an as17 surance that not less than 60 percent of the assist18 ance will be used to make grants in support of na19 tional service programs other than national service

20 programs carried out by a State agency. The Cor21 poration may permit a State to deviate from the per22 centage specified by this subsection if the State has

23 not received a sufficient number of acceptable appli24 cations to comply with the percentage.

25 ‘‘(e) SPECIAL RULE FOR CERTAIN APPLICANTS.—
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1 ‘‘(1) WRITTEN CONCURRENCE.—In the case of

2 a program applicant that proposes to also serve as

3 the service sponsor, the application shall include the

4 written concurrence of any local labor organization

5 representing employees of the service sponsor who

6 are engaged in the same or substantially similar

7 work as that proposed to be carried out.

8 ‘‘(2) PROGRAM APPLICANT DEFINED.—For pur9 poses of this subsection, the term ‘program appli10 cant’ means—

11 ‘‘(A) a State, subdivision of a State, Indian

12 tribe, public or private nonprofit organization,

13 institution of higher education, or Federal

14 agency submitting an application under this

15 section; or

16 ‘‘(B) an entity applying for assistance or

17 approved national service positions through a

18 grant program conducted using assistance pro19 vided to a State, subdivision of a State, Indian

20 tribe, public or private nonprofit organization,

21 institution of higher education, or Federal

22 agency under section 121.

23 ‘‘(f) LIMITATION ON SAME PROJECT IN MULTIPLE

24 APPLICATIONS.—The Corporation shall reject an applica25 tion submitted under this section if a project proposed to
42

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1 be conducted using assistance requested by the applicant

2 is already described in another application pending before

3 the Corporation.

4 ‘‘SEC. 131. NATIONAL SERVICE PROGRAM ASSISTANCE

5 REQUIREMENTS.

6 ‘‘(a) IMPACT ON COMMUNITIES.—An application sub7 mitted under section 130 shall include an assurance by

8 the applicant that any national service program carried

9 out by the applicant using assistance provided under sec10 tion 121 and any national service program supported by

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

12 ‘‘(1) address unmet human, educational, envi13 ronmental, or public safety needs through services

14 that provide a direct benefit to the community in

15 which the service is performed; and

16 ‘‘(2) comply with the nonduplication and

17 nondisplacement requirements of section 177.

18 ‘‘(b) IMPACT ON PARTICIPANTS.—An application

19 submitted under section 130 shall also include an assur20 ance by the applicant that any national service program

21 carried out by the applicant using assistance provided

22 under section 121 and any national service program sup23 ported by a grant made by the applicant using such assist24 ance will—
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1 ‘‘(1) provide participants in the national service

2 program with the training, skills, and knowledge

3 necessary for the projects that participants are

4 called upon to perform; and

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

6 such as the provision of appropriate information and

7 support—

8 ‘‘(A) to those participants who are com9 pleting a term of service and making the transi10 tion to other educational and career opportuni11 ties; and

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

13 dropouts in order to assist those participants in

14 earning the equivalent of a high school diploma.

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

16 under section 130 shall also include an assurance by the

17 applicant that any national service program carried out

18 by the applicant using assistance provided under section

19 121 and any national service program supported by a

20 grant made by the applicant using such assistance will—

21 ‘‘(1) provide in the design, recruitment, and op22 eration of the program for broad-based input from—

23 ‘‘(A) the community served and potential

24 participants in the program; and
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1 ‘‘(B) community-based agencies with a

2 demonstrated record of experience in providing

3 services and local labor organizations represent4 ing employees of service sponsors, if these enti5 ties exist in the area to be served by the pro6 gram;

7 ‘‘(2) prior to the placement of participants, con8 sult with any local labor organization representing

9 employees in the area who are engaged in the same

10 or similar work as that proposed to be carried out

11 by such program to ensure compliance with the

12 nondisplacement requirements specified in section

13 177; and

14 ‘‘(3) in the case of a program that is not fund15 ed through a State, consult with and coordinate ac16 tivities with the State Commission for the State in

17 which the program operates.

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

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

20 under section 130 shall also include an assurance by

21 the applicant that the applicant will—

22 ‘‘(A) arrange for an independent evalua23 tion of any national service program carried out

24 using assistance provided to the applicant under

25 section 121 or, with the approval of the Cor-
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1 poration, conduct an internal evaluation of the

2 program;

3 ‘‘(B) apply measurable performance goals

4 and evaluation methods (such as the use of sur5 veys of participants and persons served), which

6 are to be used as part of such evaluation to de7 termine the impact of the program—

8 ‘‘(i) on communities and persons

9 served by the projects performed by the

10 program;

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

12 the projects; and

13 ‘‘(iii) in such other areas as the Cor14 poration may require; and

15 ‘‘(C) cooperate with any evaluation activi16 ties undertaken by the Corporation.

17 ‘‘(2) EVALUATION.—Subject to paragraph (3),

18 the Corporation shall develop evaluation criteria and

19 performance goals applicable to all national service

20 programs carried out with assistance provided under

21 section 121.

22 ‘‘(3) ALTERNATIVE EVALUATION REQUIRE23 MENTS.—The Corporation may establish alternative

24 evaluation requirements for national service pro25 grams based upon the amount of assistance received
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1 under section 121 or received by a grant made by

2 a recipient of assistance under such section. The de3 termination of whether a national service program is

4 covered by this paragraph shall be made in such

5 manner as the Corporation may prescribe.

6 ‘‘(e) LIVING ALLOWANCES AND OTHER INSERVICE

7 BENEFITS.—Except as provided in section 140(c), an ap8 plication submitted under section 130 shall also include

9 an assurance by the applicant that the applicant will—

10 ‘‘(1) ensure the provision of a living allowance

11 and other benefits specified in section 140 to partici12 pants in any national service program carried out by

13 the applicant using assistance provided under section

14 121; and

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

16 that receives a grant from the applicant using such

17 assistance will also provide a living allowance and

18 other benefits specified in section 140 to participants

19 in the program.

20 ‘‘(f) SELECTION OF PARTICIPANTS FROM INDIVID21 UALS RECRUITED BY CORPORATION OR STATE COMMIS22 SIONS.—The Corporation may also require an assurance

23 by the applicant that any national service program carried

24 out by the applicant using assistance provided under sec25 tion 121 and any national service program supported by
47

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1 a grant made by the applicant using such assistance will

2 select a portion of the participants for the program from

3 among prospective participants recruited by the Corpora4 tion or State Commissions under section 138(d). The Cor5 poration may specify a minimum percentage of partici6 pants to be selected from the national leadership pool es7 tablished under section 138(e) and may vary the percent8 age for different types of national service programs. In

9 the case of programs conducted by a State or subdivision

10 of a State, the Corporation shall permit the State or sub11 division to select only residents of that State if such a re12 strictive selection procedure is necessary to comply with

13 State or local law, regulation, or policy.

14 ‘‘SEC. 132. INELIGIBLE SERVICE CATEGORIES.

15 ‘‘An application submitted to the Corporation under

16 section 130 shall include an assurance by the applicant

17 that any national service program carried out using assist18 ance provided under section 121 and any approved na19 tional service position provided to an applicant will not be

20 used to perform service that provides a direct benefit to

21 any—

22 ‘‘(1) business organized for profit;

23 ‘‘(2) labor union;

24 ‘‘(3) partisan political organization; or
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1 ‘‘(4) organization engaged in religious activities,

2 unless such service does not involve the use of assist3 ance provided under section 121 or participants to

4 give religious instruction, conduct worship services,

5 or engage in any form of proselytization.

6 ‘‘SEC. 133. CONSIDERATION OF APPLICATIONS.

7 ‘‘(a) CORPORATION CONSIDERATION OF CERTAIN

8 CRITERIA.—The Corporation shall apply the criteria de9 scribed in subsections (c) and (d) in determining wheth10 er—

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

12 section 130 and provide assistance under section

13 121 to the applicant; and

14 ‘‘(2) to approve service positions described in

15 the application as national service positions that in16 clude the national service educational award de17 scribed in subtitle D and provide such approved na18 tional service positions to the applicant.

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

20 other entity that uses assistance provided under section

21 121(a) to support national service programs selected on

22 a competitive basis to receive a share of the assistance

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

24 when considering an application submitted by a national

25 service program to receive a portion of such assistance or
49

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1 an approved national service position. The application of

2 the State or other entity under section 130 shall contain

3 a certification that the State or other entity complied with

4 these criteria in the selection of national service programs

5 to receive assistance.

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

7 to be applied in evaluating applications submitted under

8 section 130 are as follows:

9 ‘‘(1) The quality of the national service pro10 gram proposed to be carried out directly by the ap11 plicant or supported by a grant from the applicant.

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

13 service program, and the feasibility of replicating the

14 program.

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

16 program, based on evidence such as the existence—

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

18 support for the program; and

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

20 funding for the program.

21 ‘‘(4) The quality of the leadership of the na22 tional service program, the past performance of the

23 program, and the extent to which the program

24 builds on existing programs.
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1 ‘‘(5) The extent to which participants of the na2 tional service program are recruited from among

3 residents of the communities in which projects are to

4 be conducted, and the extent to which participants

5 and community residents are involved in the design,

6 leadership, and operation of the program.

7 ‘‘(6) The extent to which projects would be con8 ducted in the following areas where they are needed

9 most—

10 ‘‘(A) communities designated as enterprise

11 zones or redevelopment areas, targeted for spe12 cial economic incentives, or otherwise identifi13 able as having high concentrations of low14 income people;

15 ‘‘(B) areas that are environmentally

16 distressed;

17 ‘‘(C) areas adversely affected by Federal

18 actions related to the management of Federal

19 lands that result in significant regional job

20 losses and economic dislocation;

21 ‘‘(D) areas adversely affected by reductions

22 in defense spending or the closure or realign23 ment of military installations;
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1 ‘‘(E) rural areas adversely affected by un2 fair trading practices of international competi3 tors of the United States; or

4 ‘‘(F) areas that have an unemployment

5 rate greater than the national average unem6 ployment for the most recent 12 months for

7 which satisfactory data are available.

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

9 States, the extent to which the application is consist10 ent with the application under section 130 of the

11 State in which the projects would be conducted.

12 ‘‘(8) Such other criteria as the Corporation con13 siders to be appropriate.

14 ‘‘(d) OTHER CONSIDERATIONS.—

15 ‘‘(1) GEOGRAPHIC DIVERSITY.—The Corpora16 tion shall ensure that recipients of assistance pro17 vided under section 121 are geographically diverse

18 and include projects to be conducted in those urban

19 and rural areas in a State with the highest rates of

20 poverty.

21 ‘‘(2) PRIORITIES.—The Corporation may des22 ignate, under such criteria as may be established by

23 the Corporation, certain national service programs

24 or types of national service programs described in

25 section 122(a) for priority consideration in the com-
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1 petitive distribution of funds under section

2 129(d)(2). In designating national service programs

3 to receive priority, the Corporation may include—

4 ‘‘(A) national service programs carried out

5 by another Federal agency;

6 ‘‘(B) national service programs that con7 form to the national service priorities in effect

8 under section 122(c);

9 ‘‘(C) innovative national service programs;

10 ‘‘(D) national service programs that are

11 well established in one or more States at the

12 time of the application and are proposed to be

13 expanded to additional States using assistance

14 provided under section 121;

15 ‘‘(E) grant programs in support of other

16 national service programs if the grant programs

17 are to be conducted by nonprofit organizations

18 with a demonstrated and extensive expertise in

19 the provision of services to meet human, edu20 cational, environmental, or public safety needs;

21 and

22 ‘‘(F) professional corps programs described

23 in section 122(a)(8).

24 ‘‘(e) EMPHASIS ON AREAS MOST IN NEED.—In mak25 ing assistance available under section 121 and in providing
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1 approved national service positions under section 123, the

2 Corporation shall ensure that not less than 50 percent of

3 the total amount of assistance to be distributed to States

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

5 year are provided to carry out or support national service

6 programs and projects that—

7 ‘‘(1) are conducted in areas of economic dis8 tress described in subsection (c)(6) or on Federal or

9 other public lands to address unmet human, edu10 cational, environmental, or public safety needs in

11 such areas; and

12 ‘‘(2) place a priority on the recruitment of par13 ticipants who are residents of areas of economic dis14 tress described in subsection (c)(6) or Federal or

15 other public lands.

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

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

18 the Corporation rejects an application submitted by

19 a State Commission under section 130 for funds de20 scribed in section 129(a)(1), the Corporation shall

21 promptly notify the State Commission of the reasons

22 for the rejection of the application.

23 ‘‘(2) RESUBMISSION AND RECONSIDERATION.—

24 The Corporation shall provide a State Commission

25 notified under paragraph (1) with a reasonable op-
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1 portunity to revise and resubmit the application. At

2 the request of the State Commission, the Corpora3 tion shall provide technical assistance to the State

4 Commission as part of the resubmission process.

5 The Corporation shall promptly reconsider an appli6 cation resubmitted under this paragraph.

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

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

9 year that the Corporation determines will not be

10 provided for that fiscal year shall be available for

11 distribution by the Corporation as provided in para12 graph (4) of such subsection.

13 ‘‘SEC. 134. EVALUATION OF SUCCESS OF INVESTMENT IN

14 NATIONAL SERVICE.

15 ‘‘(a) EVALUATION REQUIRED.—Not later than two

16 years after the date of the enactment of this section, the

17 Corporation shall arrange for the independent evaluation

18 of the operation of this subtitle to determine the levels

19 of participation of economically disadvantaged individuals

20 in national service programs carried out or supported

21 using assistance provided under section 121.

22 ‘‘(b) PERIOD COVERED BY EVALUATION.—The eval23 uation required by this section shall cover the two-year

24 period beginning on the date the Corporation first makes

25 a grant under section 121.
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1 ‘‘(c) INCOME LEVELS OF PARTICIPANTS.—The evalu2 ating entity shall determine the total income of each par3 ticipant who serves, during the period covered by the eval4 uation, in a national service program carried out or sup5 ported using assistance provided under section 121 or in

6 an approved national service position. The total income

7 of a participant shall be determined as of the date the

8 participant was first selected to participate and shall in9 clude family total income unless the evaluating entity de10 termines that the participant was independent at the time

11 of selection.

12 ‘‘(d) ASSISTANCE FOR DISTRESSED AREAS.—The

13 evaluating entity shall also determine the amount of as14 sistance provided under section 121 during the period cov15 ered by the report that has been expended for projects

16 conducted in areas of economic distress described in sec17 tion 133(c)(6).

18 ‘‘(e) REPORT.—The evaluating entity shall submit a

19 report containing the results of the evaluation to the

20 President, the Congress, the Corporation, and each State

21 Commission.

22 ‘‘(f) DEFINITIONS.—For purposes of this section:

23 ‘‘(1) The term ‘total income’ has the meaning

24 given that term in subsection (a) of the Higher Edu25 cation Act of 1965 (20 U.S.C. 1087vv).
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1 ‘‘(2) The term ‘independent’ has the meaning

2 given that term in subsection (d) of such section.

3 ‘‘PART III—NATIONAL SERVICE PARTICIPANTS

4 ‘‘SEC. 137. DESCRIPTION OF PARTICIPANTS.

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

6 individual shall be considered to be a participant in a na7 tional service program carried out using assistance pro8 vided under section 121 if the individual—

9 ‘‘(1) meets such eligibility requirements as may

10 be established by the program;

11 ‘‘(2) is selected by the program to serve in a po12 sition with the program;

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

14 service specified in section 139 to be performed be15 fore, during, or after attendance at an institution of

16 higher education;

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

18 individual begins the term of service;

19 ‘‘(5) has received a high school diploma or its

20 equivalent, agrees to obtain a high school diploma or

21 its equivalent (unless this requirement is waived

22 based on an individual education assessment con23 ducted by the program) and the individual did not

24 drop out of an elementary or secondary school to en25 roll in the program, or is enrolled in an institution
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1 of higher education on an ability to benefit basis and

2 is considered eligible for funds under section 484 of

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

4 1091); and

5 ‘‘(6) is a citizen or national of the United

6 States or lawful permanent resident alien of the

7 United States.

8 ‘‘(b) SPECIAL RULES FOR CERTAIN YOUTH PRO9 GRAMS.—An individual shall be considered to be a partici10 pant in a youth corps program described in section

11 122(a)(2) or a program described in section 122(a)(9)

12 that is carried out with assistance provided under section

13 121(a) if the individual—

14 ‘‘(1) satisfies the requirements specified in sub15 section (a), except paragraph (4) of such subsection;

16 and

17 ‘‘(2) is between the ages of 16 and 25, inclu18 sive, at the time the individual begins the term of

19 service.

20 ‘‘SEC. 138. SELECTION OF NATIONAL SERVICE PARTICI21 PANTS.

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

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

24 selection of an individual to serve in a national service pro25 gram receiving assistance under section 121 or to fill an
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1 approved national service position shall be conducted by

2 the State, subdivision of a State, Indian tribe, public or

3 private nonprofit organization, institution of higher edu4 cation, Federal agency, or other entity to which the assist5 ance and approved national service positions are provided.

6 ‘‘(b) NONDISCRIMINATION AND NONPOLITICAL SE7 LECTION OF PARTICIPANTS.—The recruitment and selec8 tion of individuals to serve in national service programs

9 receiving assistance under section 121 or to fill approved

10 national service positions shall be consistent with the re11 quirements of section 175.

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

13 service program to serve a second term of service under

14 section 139 shall only be available to individuals who per15 form satisfactorily in their first term of service.

16 ‘‘(d) RECRUITMENT AND PLACEMENT.—The Cor17 poration and each State Commission shall establish a sys18 tem to recruit individuals who desire to perform national

19 service and to assist the placement of these individuals in

20 approved national service positions, including positions

21 available under titles I and II of the Domestic Volunteer

22 Service Act of 1973 (42 U.S.C. 4951 et seq.). The Cor23 poration and State Commissions shall disseminate infor24 mation regarding available approved national service posi25 tions through cooperation with secondary schools, institu-
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1 tions of higher education, employment service offices, vo2 cational rehabilitation agencies and other State offices

3 that serve primarily people with disabilities, and other ap4 propriate entities, particularly those organizations that

5 provide outreach to disadvantaged youths and youths with

6 disabilities.

7 ‘‘(e) NATIONAL LEADERSHIP POOL.—

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

9 individuals recruited under subsection (d), the Cor10 poration may select individuals with significant lead11 ership potential, as determined by the Corporation,

12 to receive special training to enhance their leader13 ship ability. The leadership training shall be pro14 vided by the Corporation directly or through a grant

15 or contract.

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

17 selecting individuals to receive leadership training

18 under this subsection, the Corporation shall make

19 special efforts to select individuals who have served

20 in the Peace Corps, as VISTA volunteers, as partici21 pants in a program under title II of the Domestic

22 Volunteer Service Act of 1973 (42 U.S.C. 5000 et

23 seq.), or as participants in national service programs

24 receiving assistance under section 121, or who are
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1 honorably discharged members of the Armed Forces

2 of the United States.

3 ‘‘(3) ASSIGNMENT.—At the request of a pro4 gram that receives assistance under the national

5 service laws, the Corporation may assign an individ6 ual who receives leadership training under para7 graph (1) to work with the program in a leadership

8 position and carry out assignments not otherwise

9 performed by regular participants. An individual as10 signed to a program shall be considered to be a par11 ticipant of the program.

12 ‘‘(f) EVALUATION OF SERVICE.—The Chairperson

13 shall issue regulations regarding the manner and criteria

14 by which the service of a participant shall be evaluated

15 to determine whether the service is satisfactory and suc16 cessful for purposes of eligibility for a second term of serv17 ice or a national service educational award.

18 ‘‘SEC. 139. TERMS OF SERVICE.

19 ‘‘(a) IN GENERAL.—As a condition of receiving a na20 tional service education award under subtitle D, a partici21 pant in an approved national service position shall be re22 quired to perform full- or part-time national service for

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

24 ‘‘(b) TERM OF SERVICE.—
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1 ‘‘(1) FULL-TIME SERVICE.—An individual per2 forming full-time national service in an approved na3 tional service position shall agree to participate in

4 the program sponsoring the position for not less

5 than 1,700 hours during a period of not less than

6 9 months and not more than 1 year.

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

8 in paragraph (3), an individual performing part-time

9 national service in an approved national service posi10 tion shall agree to participate in the program spon11 soring the position for not less than 1,700 hours

12 during a period of—

13 ‘‘(A) not less than 1 year and not more

14 than 2 years; or

15 ‘‘(B) not less than 1 year and not more

16 than 3 years if the individual is enrolled in an

17 institute of higher education while preforming

18 all or a portion of the service.

19 ‘‘(3) REDUCTION IN HOURS OF PART-TIME

20 SERVICE.—The Corporation may reduce the number

21 of hours required to be served to successfully com22 plete part-time national service to a level determined

23 by the Corporation, except that any reduction in the

24 required term of service shall include a correspond25 ing reduction in the amount of any national service
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1 educational award that may be available under sub2 title D with regard to that service.

3 ‘‘(c) RELEASE FROM COMPLETING TERM OF SERV4 ICE.—

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

6 assistance under section 121 or a program sponsor7 ing an approved national service position may re8 lease a participant from completing a term of service

9 in the position—

10 ‘‘(A) for compelling personal circumstances

11 as demonstrated by the participant; or

12 ‘‘(B) for cause.

13 ‘‘(2) EFFECT OF RELEASE FOR COMPELLING

14 CIRCUMSTANCES.—If a participant eligible for re15 lease under paragraph (1)(A) is serving in an ap16 proved national service position, the recipient of as17 sistance under section 121 or a program sponsoring

18 an approved national service position may elect—

19 ‘‘(A) to grant such release and provide to

20 the participant that portion of the national

21 service educational award corresponding to the

22 portion of the term of service actually com23 pleted, as provided in section 147(b); or

24 ‘‘(B) to permit the participant to tempo25 rarily suspend performance of the term of serv-
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1 ice for a period of up to 2 years (and such addi2 tional period as the Corporation may allow for

3 extenuating circumstances) and, upon comple4 tion of such period, to allow return to the pro5 gram with which the individual was serving in

6 order to complete the remainder of the term of

7 service and obtain the entire national service

8 educational award.

9 ‘‘(3) EFFECT OF RELEASE FOR CAUSE.—A par10 ticipant released for cause may not receive any por11 tion of the national service educational award.

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

13 PARTICIPANTS.

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

15 ‘‘(1) LIVING ALLOWANCE REQUIRED.—Subject

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

17 out using assistance provided under section 121

18 shall provide to each participant who participates on

19 a full-time basis in the program a living allowance

20 in an amount equal or greater than the average an21 nual subsistence allowance provided to VISTA volun22 teers under section 105 of the Domestic Volunteer

23 Service Act of 1973 (42 U.S.C. 4955).

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

25 amount of the annual living allowance provided
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1 under paragraph (1) that may be paid using assist2 ance provided under section 121 and using any other

3 Federal funds shall not exceed 85 percent of the

4 total average annual provided to VISTA volunteers

5 under section 105 of the Domestic Volunteer Service

6 Act of 1973 (42 U.S.C. 4955).

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

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

9 annual living allowance that may be provided to a

10 participant in a national service program shall not

11 exceed 200 percent of the average annual subsist12 ence allowance provided to VISTA volunteers under

13 section 105 of the Domestic Volunteer Service Act

14 of 1973 (42 U.S.C. 4955).

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

16 amount provided as a living allowance under this

17 subsection shall be prorated in the case of a partici18 pant who is authorized to serve a reduced term of

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

20 ‘‘(5) WAIVER OR REDUCTION OF LIVING AL21 LOWANCE.—The Corporation may waive or reduce

22 the requirement of paragraph (1) with respect to

23 such national service program if such program dem24 onstrates that—
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1 ‘‘(A) such requirement is inconsistent with

2 the objectives of the program; and

3 ‘‘(B) the amount of the living allowance

4 that will be provided to each full-time partici5 pant is sufficient to meet the necessary costs of

6 living (including food, housing, and transpor7 tation) in the area in which the program is lo8 cated.

9 ‘‘(6) EXEMPTION.—The requirement of para10 graph (1) shall not apply to any program which was

11 in existence on the date of enactment of the Na12 tional Service Trust Act of 1993.

13 ‘‘(7) EVALUATION OF LIVING ALLOWANCE.—

14 Not later than 2 years after the effective date of this

15 subsection, the Corporation shall arrange for an

16 independent evaluation to determine the levels of liv17 ing allowances paid in all programs under this sub18 title, individually, by State, and by region. Such

19 evaluation shall determine the effects that such liv20 ing allowances have had on the ability of individuals

21 to participate in such programs.

22 ‘‘(b) COVERAGE OF CERTAIN EMPLOYMENT-RELAT23 ED TAXES.—To the extent a national service program that

24 receives assistance under section 121 is subject, with re25 spect to the participants in the program, to the taxes im-
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1 posed on an employer under sections 3111 and 3301 of

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

3 3301) and taxes imposed on an employer under a work4 men’s compensation act, the assistance provided to the

5 program under section 121 shall include an amount suffi6 cient to cover 85 percent of such taxes based upon the

7 lesser of—

8 ‘‘(1) the total average annual subsistence allow9 ance provided to VISTA volunteers under section

10 105 of the Domestic Volunteer Service Act of 1973

11 (42 U.S.C. 4955); and

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

13 the program.

14 ‘‘(c) EXCEPTION FROM MAXIMUM LIVING ALLOW15 ANCE FOR CERTAIN ASSISTANCE.—A professional corps

16 program described in section 122(a)(8) that desires to

17 provide or arrange for a living allowance in excess of the

18 maximum allowance authorized in subsection (a)(3) may

19 still apply for such assistance, except that—

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

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

22 portion of the allowance;

23 ‘‘(2) the applicant shall apply for such assist24 ance only by submitting an application to the Cor25 poration for assistance on a competitive basis; and
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1 ‘‘(3) the national service program must be oper2 ated directly by the applicant and must meet urgent,

3 unmet human, educational, environmental, or public

4 safety needs, as determined by the Corporation.

5 ‘‘(d) HEALTH INSURANCE.—

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

7 of assistance under section 121 shall provide a basic

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

9 national service program carried out or supported

10 using the assistance if the participant is not other11 wise covered by a health care policy. Not more than

12 85 percent of the cost of a premium shall be pro13 vided by the Corporation, with the remaining cost

14 paid by the entity receiving assistance under section

15 121. The Corporation shall establish minimum

16 standards that all plans must meet in order to qual17 ify for payment under this part, any circumstances

18 in which an alternative health care policy may be

19 substituted for the basic health care policy, and

20 mechanisms to prohibit participants from dropping

21 existing coverage.

22 ‘‘(2) OPTION.—A State or other recipient of as23 sistance under section 121 may elect to provide from

24 its own funds a health care policy for participants

25 that does not meet all of the standards established
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1 by the Corporation if the fair market value of such

2 policy is equal to or greater than the fair market

3 value of a plan that meets the minimum standards

4 established by the Corporation.

5 ‘‘(e) CHILD CARE.—

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

7 of assistance under section 121 shall—

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

9 of each full-time participant who serves in a na10 tional service program carried out or supported

11 by the recipient using the assistance, including

12 individuals who need such child care in order to

13 participate in the program; or

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

15 full-time participant in a national service pro16 gram who needs such assistance in order to

17 participate in the program.

18 ‘‘(2) GUIDELINES.—The Corporation shall es19 tablish guidelines regarding the circumstances under

20 which child care must be made available under this

21 subsection and the value of any allowance to be pro22 vided.

23 ‘‘(f) INDIVIDUALIZED SUPPORT SERVICES.—A State

24 or other recipient of assistance under section 121 shall

25 provide auxiliary aids and services based on the individual-
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1 ized need of a participant who is a qualified individual

2 with a disability.

3 ‘‘(g) WAIVER OF LIMITATION ON FEDERAL

4 SHARE.—The Corporation may waive in whole or in part

5 the limitation on the Federal share specified in this section

6 with respect to a particular national service program in

7 any fiscal year if the Corporation determines that such

8 a waiver would be equitable due to a lack of available fi9 nancial resources at the local level.

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

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

12 national service program carried out using assistance pro13 vided to an applicant under section 121 shall be eligible

14 for the national service educational award described in

15 subtitle D if the participant—

16 ‘‘(1) serves in an approved national service po17 sition; and

18 ‘‘(2) satisfies the eligibility requirements speci19 fied in section 146 with respect to service in that ap20 proved national service position.

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

22 VISTA volunteer who serves in an approved national serv23 ice position shall be ineligible for a national service edu24 cational award if the VISTA volunteer accepts the stipend
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1 authorized under section 105(a)(1) of the Domestic Volun2 teer Service Act of 1973 (42 U.S.C. 4955(a)(1).’’.

3 (c) TABLE OF CONTENTS.—Section 1(b) of the Na4 tional and Community Service Act of 1990 (Public Law

5 101–610; 104 Stat. 3127) is amended—

6 (1) by striking the items relating to subtitle C

7 of title I of such Act and inserting the following new

8 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.

‘‘Sec. 134. Evaluation of success of investment in national service.

‘‘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.’’;

9 and

10 (2) by inserting after the item relating to sec11 tion 195O the following new items:

‘‘Subtitle I—American Conservation and Youth Corps
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‘‘Sec. 199. Short title.

‘‘Sec. 199A. General authority.

‘‘Sec. 199B. Allocation of funds.

‘‘Sec. 199C. State application.

‘‘Sec. 199D. Focus of programs.

‘‘Sec. 199E. Related programs.

‘‘Sec. 199F. Public lands or Indian lands.

‘‘Sec. 199G. Training and education services.

‘‘Sec. 199H. Amount of award; matching requirement.

‘‘Sec. 199I. Preference for certain projects.

‘‘Sec. 199J. Age and citizenship criteria for enrollment.

‘‘Sec. 199K. Use of volunteers.

‘‘Sec. 199L. Post-service benefits.

‘‘Sec. 199M. Living allowance.

‘‘Sec. 199N. Joint programs.

‘‘Sec. 199O. Federal and State employee status.’’.

1 (d) LIVING ALLOWANCE UNDER SUBTITLE I.—Sec2 tion 199M(a) of the National and Community Service Act

3 of 1990 (former section 133(a) of such Act as redesig4 nated in subsection (a)(3) of this section) (42 U.S.C.

5 12553(a)) is amended by striking paragraphs (1) and (2)

6 and inserting the following new paragraphs:

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

8 to paragraph (3), each participant in a full-time

9 youth corps program that receives assistance under

10 this subtitle shall receive a living allowance in an

11 amount equal or greater than the average annual

12 subsistence allowance provided to VISTA volunteers

13 under section 105 of the Domestic Volunteer Service

14 Act of 1973 (42 U.S.C. 4955).

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

16 amount of the annual living allowance provided

17 under paragraph (1) that may be paid using assist18 ance provided under this subtitle, section 121, and
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1 any other Federal funds shall not exceed 85 percent

2 of the total average annual subsistence allowance

3 provided to VISTA volunteers under section 105 of

4 the Domestic Volunteer Service Act of 1973 (42

5 U.S.C. 4955).

6 ‘‘(3) MAXIMUM LIVING ALLOWANCE.—The total

7 amount of an annual living allowance that may be

8 provided to a participant in a full-time youth corps

9 program that receives assistance under this subtitle

10 shall not exceed 200 percent of the average annual

11 subsistence allowance provided to VISTA volunteers

12 under section 105 of the Domestic Volunteer Service

13 Act of 1973 (42 U.S.C. 4955).

14 ‘‘(4) WAIVER OR REDUCTION OF LIVING AL15 LOWANCE.—The Corporation may waive or reduce

16 the requirement of paragraph (1) with respect to

17 such national service program if such program dem18 onstrates that—

19 ‘‘(A) such requirement is inconsistent with

20 the objectives of the program; and

21 ‘‘(B) the amount of the living allowance

22 that will be provided to each full-time partici23 pant is sufficient to meet the necessary costs of

24 living (including food, housing, and transpor-
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1 tation) in the area in which the program is lo2 cated.

3 ‘‘(5) EXEMPTION.—The requirement of para4 graph (1) shall not apply to any program which was

5 in existence on the date of enactment of the Na6 tional Service Trust Act of 1993.

7 ‘‘(6) EVALUATION OF LIVING ALLOWANCE.—

8 Not later than 2 years after the effective date of this

9 subsection, the Corporation shall arrange for an

10 independent evaluation to determine the levels of liv11 ing allowances paid in all programs under this sub12 title, individually, by State, and by region. Such

13 evaluation shall determine the effects that such liv14 ing allowances have had on the ability of individuals

15 to participate in such programs.’’.

16 (e) TECHNICAL AND CONFORMING AMENDMENTS.—

17 (1) REFERENCES.—Subtitle I of title I of the

18 National and Community Service Act of 1990 (as so

19 redesignated by subsection (a)(1) of this section) is

20 amended by striking ‘‘Commission’’ each place it ap21 pears in sections 199A, 199B, 199C, 199D, 199F,

22 199H, 199I, 199M, and 199N (as redesignated in

23 subsection (a)(3) of this section) and inserting ‘‘Cor24 poration’’.
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1 (2) GENERAL AUTHORITY.—Section 199A of

2 such Act (as redesignated in subsection (a)(3) of

3 this section) (42 U.S.C. 12541) is amended—

4 (A) by striking ‘‘under section 102’’; and

5 (B) by striking ‘‘, to the Secretary of the

6 Interior, or to the Director of ACTION’’ and

7 inserting ‘‘or to the Secretary of the Interior’’.

8 (3) ALLOCATION.—Section 199B of such Act

9 (as redesignated in subsection (a)(3) of this section)

10 (42 U.S.C. 12542) is amended by striking ‘‘section

11 123’’ each place it appears and inserting ‘‘section

12 199C’’.

13 (4) STATE APPLICATION.—Section 199C(a) of

14 such Act (as redesignated in subsection (a)(3) of

15 this section) (42 U.S.C. 12543(a)) is amended by

16 striking ‘‘section 122(b)’’ and inserting ‘‘section

17 199B(b)’’.

18 (5) PUBLIC LANDS.—Section 199F(b) of such

19 Act (as redesignated in subsection (a)(3) of this sec20 tion) (42 U.S.C. 12546(b)) is amended by striking

21 ‘‘section 123’’ and inserting ‘‘section 199C’’.

22 (6) PREFERENCE.—Section 199I(a) of such Act

23 (as redesignated in subsection (a)(3) of this section)

24 (42 U.S.C. 12549) is amended by striking ‘‘section

25 123’’ and inserting ‘‘section 199C’’.
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1 SEC. 102. NATIONAL SERVICE TRUST AND PROVISION OF

2 NATIONAL SERVICE EDUCATIONAL AWARDS.

3 (a) ESTABLISHMENT OF TRUST; PROVISION OF

4 AWARDS.—Subtitle D of title I of the National and Com5 munity Service Act of 1990 (42 U.S.C. 12571 et seq.) is

6 amended to read as follows:

7 ‘‘Subtitle D—National Service

8 Trust and Provision of National

9 Service Educational Awards

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

11 TRUST.

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

13 Treasury of the United States an account to be known

14 as the National Service Trust. The Trust shall consist

15 of—

16 ‘‘(1) from the amounts appropriated to the Cor17 poration and made available to carry out this sub18 title pursuant to section 501(a)(2), such amounts as

19 the Corporation may designate to be available for

20 the payment of—

21 ‘‘(A) national service educational awards;

22 and

23 ‘‘(B) interest expenses pursuant to section

24 148(e);
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1 ‘‘(2) any amounts received by the Corporation

2 as gifts, bequests, devise, or otherwise pursuant to

3 section 196(a)(2); and

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

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

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

7 of the Secretary of the Treasury to invest in full the

8 amounts appropriated to the Trust. Except as otherwise

9 expressly provided in instruments concerning a gift, be10 quest, devise, or other donation and agreed to by the Cor11 poration, such investments may be made only in interest12 bearing obligations of the United States or in obligations

13 guaranteed as to both principal and interest by the United

14 States. For such purpose, such obligations may be ac15 quired (1) on original issue at the issue price, or (2) by

16 purchase of outstanding obligations at the marketplace.

17 Any obligation acquired by the Trust may be sold by the

18 Secretary at the market price.

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

20 Trust shall be available for payments of national service

21 educational awards in accordance with section 148.

22 ‘‘(d) REPORTS TO CONGRESS ON RECEIPTS AND EX23 PENDITURES.—Not later than March 1 of each year, the

24 Corporation shall submit a report to the Congress on the
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1 financial status of the Trust during the preceding fiscal

2 year. Such report shall—

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

4 from the most recent appropriation to the Corpora5 tion, the amount received by the Corporation as gifts

6 or bequest during the period covered by the report,

7 and any amounts obtained by the Trust pursuant to

8 subsection (a)(3);

9 ‘‘(2) identify the number of individuals who are

10 currently performing service to qualify, or have

11 qualified, for national service educational awards;

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

13 ability to claim national service educational awards

14 during the period covered by the report—

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

16 147(b); or

17 ‘‘(B) has lapsed pursuant to section

18 146(d); and

19 ‘‘(4) estimate the number of additional ap20 proved national service positions which the Corpora21 tion will be able to make available under subtitle C

22 on the basis of any accumulated surplus in the

23 Trust above the amount required to provide national

24 service educational awards to individuals identified

25 under paragraph (2), including any amounts avail-
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1 able as a result of the circumstances referred to in

2 paragraph (3).

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

4 SERVICE EDUCATIONAL AWARD FROM THE

5 TRUST.

6 ‘‘(a) ELIGIBLE INDIVIDUALS.—An individual shall

7 receive a national service educational award from the Na8 tional Service Trust if the individual—

9 ‘‘(1) successfully completes the required term of

10 service described in subsection (b) in an approved

11 national service position;

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

13 the individual began serving in the approved na14 tional service position or was an out-of-school youth

15 serving in an approved national service position with

16 a youth corps program described in section

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

18 122(a)(9);

19 ‘‘(3) has received a high school diploma, or the

20 equivalent of such diploma, at the time the individ21 ual uses the national service educational award, un22 less this requirement has been waived based on an

23 individual education assessment conducted by the

24 program; and
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1 ‘‘(4) is a citizen or national of the United

2 States or lawful permanent resident alien of the

3 United States.

4 ‘‘(b) TERM OF SERVICE.—The term of service for an

5 approved national service position shall not be less than

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

7 139(b).

8 ‘‘(c) LIMITATION ON NUMBER OF TERMS OF SERV9 ICE FOR AWARDS.—Although an individual may serve

10 more than 2 terms of service described in subsection (b)

11 in an approved national service position, the individual

12 shall receive a national service educational award from the

13 National Service Trust only on the basis of the first and

14 second of such terms of service.

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

16 ‘‘(1) SEVEN-YEAR REQUIREMENT.—An individ17 ual eligible to receive a national service educational

18 award under this section may not use such award

19 after the end of the 7-year period beginning on the

20 date the individual completes the term of service in

21 an approved national service position that is the

22 basis of the award.

23 ‘‘(2) EXCEPTION.—The Corporation may ex24 tend the period within which an individual may use
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1 a national service educational award if the Corpora2 tion determines that the individual—

3 ‘‘(A) was unavoidably prevented from

4 using the national service educational award

5 during the original 7-year period; or

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

7 an approved national service position during

8 that period.

9 ‘‘(e) SUSPENSION OF ELIGIBILITY FOR DRUG-RE10 LATED OFFENSES.—

11 ‘‘(1) IN GENERAL.—An individual who, after

12 qualifying under this section as an eligible individ13 ual, has been convicted under any Federal or State

14 law of the possession or sale of a controlled sub15 stance shall not be eligible to receive a national serv16 ice educational award during the period beginning

17 on the date of such conviction and ending after the

18 interval specified in the following table:

‘‘If convicted of:

The possession of a controlled substance: Ineligibility period is:

1st conviction ................................................ 1 year

2nd conviction ............................................... 2 years

3rd conviction ............................................... indefinite

The sale of a controlled substance:

1st conviction ................................................ 2 years

2nd conviction ............................................... indefinite

19 ‘‘(2) REHABILITATION.—An individual whose

20 eligibility has been suspended under paragraph (1)

21 shall resume eligibility before the end of the period
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1 determined under such paragraph if the individual

2 satisfactorily completes a drug rehabilitation pro3 gram that complies with such criteria as the Cor4 poration shall prescribe for purposes of this para5 graph.

6 ‘‘(3) FIRST CONVICTIONS.—An individual whose

7 eligibility has been suspended under paragraph (1)

8 and is convicted of his or her first offense may re9 sume eligibility before the end of the period deter10 mined under such paragraph if the student dem11 onstrates that he or she has enrolled or been accept12 ed for enrollment in a drug rehabilitation program

13 that complies with such criteria as the Corporation

14 shall prescribe for purposes of this subsection.

15 ‘‘(4) DEFINITIONS.—As used in this subsection,

16 the term ‘controlled substance’ has the meaning

17 given in section 102(6) of the Controlled Substances

18 Act (21 U.S.C. 802(6)).

19 ‘‘(5) EFFECTIVE DATE.—This subsection shall

20 be effective upon publication by the Corporation in

21 the Federal Register of criteria prescribed under

22 paragraph (2) of this subsection.

23 ‘‘(f) AUTHORITY TO ESTABLISH DEMONSTRATION

24 PROGRAMS.—The Corporation may establish by regulation
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1 demonstration programs for the creation and evaluation

2 of innovative volunteer and community service programs.

3 ‘‘SEC. 147. DETERMINATION OF THE AMOUNT OF THE NA4 TIONAL SERVICE EDUCATIONAL AWARD.

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

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

7 who successfully completes a required term of service in

8 an approved national service position shall receive a na9 tional service educational award having a value, for each

10 of not more than 2 of such terms of service, equal to 90

11 percent of—

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

13 educational assistance allowance calculated under

14 sections 3013(d)(1) and 3015(b)(1) of title 38,

15 United States Code (as in effect on July 28, 1993),

16 for a member of the Armed Forces who is entitled

17 to such an allowance under section 3011 of such

18 title and whose initial obligated period of active duty

19 is two years; less

20 ‘‘(2) one-half of the aggregate basic contribu21 tion required to be made by the member under sec22 tion 3011(b) of such title (as in effect on July 28,

23 1993).

24 ‘‘(b) AWARD FOR PARTIAL COMPLETION OF SERV25 ICE.—If an individual serving in an approved national
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1 service position is released in accordance with section

2 139(c)(1)(A) from completing the term of service agreed

3 to by the individual, the Corporation may provide the indi4 vidual with that portion of the national service educational

5 award approved for the individual that corresponds to the

6 quantity of the term of service actually completed by the

7 individual.

8 ‘‘SEC. 148. DISBURSEMENT OF NATIONAL SERVICE EDU9 CATIONAL AWARDS.

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

11 available—

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

13 subsection (b);

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

15 at an institution of higher education in accordance

16 with subsection (c);

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

18 in an approved school-to-work program in accord19 ance with subsection (d); and

20 ‘‘(4) to pay interest expenses in accordance with

21 regulations prescribed pursuant to subsection (e).

22 ‘‘(b) USE OF EDUCATIONAL AWARD TO REPAY OUT23 STANDING STUDENT LOANS.—

24 ‘‘(1) APPLICATION BY ELIGIBLE INDIVID25 UALS.—An eligible individual under section 146 who
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1 desires to apply his or her national service edu2 cational award to the repayment of qualified student

3 loans shall submit, in a manner prescribed by the

4 Corporation, an application to the Corporation

5 that—

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

7 to identify readily, the holder or holders of such

8 loans;

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

10 to determine readily, the amounts of principal

11 and interest outstanding on the loans;

12 ‘‘(C) specifies, if the outstanding balance is

13 greater than the amount disbursed under para14 graph (2), which of the loans the individual pre15 fers to be paid by the Corporation; and

16 ‘‘(D) contains or is accompanied by such

17 other information as the Corporation may re18 quire.

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

20 receipt of an application from an eligible individual

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

22 the Corporation shall, as promptly as practicable

23 consistent with paragraph (5), disburse the amount

24 of the national service educational award to which

25 the eligible individual is entitled. Such disbursement
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1 shall be made by check or other means that is pay2 able to the holder of the loan and requires the en3 dorsement or other certification by the eligible indi4 vidual.

5 ‘‘(3) APPLICATION OF DISBURSED AMOUNTS.—

6 If the amount disbursed under paragraph (2) is less

7 than the principal and accrued interest on any quali8 fied student loan, such amount shall be applied ac9 cording to the specified priorities of the individual.

10 ‘‘(4) REPORTS BY HOLDERS.—Any holder re11 ceiving a loan payment pursuant to this subsection

12 shall submit to the Corporation such information as

13 the Corporation may require to verify that such pay14 ment was applied in accordance with this subsection

15 and any regulations prescribed to carry out this sub16 section.

17 ‘‘(5) NOTIFICATION OF INDIVIDUAL.—The Cor18 poration upon disbursing the national service edu19 cational award, shall notify the individual of the

20 amount paid for each outstanding loan and the date

21 of payment.

22 ‘‘(6) AUTHORITY TO AGGREGATE PAYMENTS.—

23 The Corporation may, by regulation, provide for the

24 aggregation of payments to holders under this sub25 section.
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1 ‘‘(7) DEFINITION OF QUALIFIED STUDENT

2 LOANS.—As used in this subsection, the term ‘quali3 fied student loans’ means—

4 ‘‘(A) any loan made, insured, or guaran5 teed pursuant to title IV of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1070 et seq.),

7 other than a loan to a parent of a student pur8 suant to section 428B of such Act (20 U.S.C.

9 1078–2); and

10 ‘‘(B) any loan made pursuant to title VII

11 or VIII of the Public Health Service Act (42

12 U.S.C. 292a et seq.).

13 ‘‘(8) DEFINITION OF HOLDER.—As used in this

14 subsection, the term ‘holder’ with respect to any eli15 gible loan means the original lender or, if the loan

16 is subsequently sold, transferred, or assigned to

17 some other person, and such other person acquires

18 a legally enforceable right to receive payments from

19 the borrower, such other person.

20 ‘‘(c) USE OF EDUCATIONAL AWARDS TO PAY CUR21 RENT EDUCATIONAL EXPENSES.—

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

23 An eligible individual under section 146 who desires

24 to apply his or her national service educational

25 award to the payment of current full-time or part-
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1 time educational expenses shall, on a form pre2 scribed by the Corporation, submit an application to

3 the institution of higher education in which the stu4 dent will be enrolled that contains such information

5 as the Corporation may require to verify the individ6 ual’s eligibility.

7 ‘‘(2) SUBMISSION OF REQUESTS FOR PAYMENT

8 BY INSTITUTIONS.—An institution of higher edu9 cation that receives one or more applications that

10 comply with paragraph (1) shall submit to the Cor11 poration a statement, in a manner prescribed by the

12 Corporation, that—

13 ‘‘(A) identifies each eligible individual fil14 ing an application under paragraph (1) for a

15 disbursement of the individual’s national service

16 educational award under this subsection;

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

18 eligible individuals are, consistent with para19 graph (6), qualified for disbursement under this

20 subsection;

21 ‘‘(C) certifies that (i) the institution of

22 higher education has in effect a program par23 ticipation agreement under section 487 of the

24 Higher Education Act of 1965 (20 U.S.C.

25 1094), and (ii) the institution’s eligibility to
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1 participate in any of the programs under title

2 IV of such Act (20 U.S.C. 1070 et seq.) has not

3 been limited, suspended, or terminated; and

4 ‘‘(D) contains such provisions concerning

5 financial compliance as the Corporation may re6 quire.

7 ‘‘(3) DISBURSEMENT OF PAYMENTS.—Upon re8 ceipt of a statement from an institution of higher

9 education that complies with paragraph (2), the Cor10 poration shall, subject to paragraph (4), disburse the

11 total amount of the national service educational

12 awards for which eligible individuals who have sub13 mitted applications to that institution under para14 graph (1) are qualified. Such disbursement shall be

15 made by check or other means that is payable to the

16 institution and requires the endorsement or other

17 certification by the eligible individual.

18 ‘‘(4) MULTIPLE DISBURSEMENTS REQUIRED.—

19 The total amount required to be disbursed to an in20 stitution of higher education under paragraph (3)

21 for any period of enrollment shall be disbursed by

22 the Corporation in 2 or more installments, none of

which exceeds 1 23 ⁄2 of such total amount. The interval

24 between the first and second such installment shall

not be less than 1 25 ⁄2 of such period of enrollment, ex-
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1 cept as necessary to permit the second installment to

2 be paid at the beginning of the second semester,

3 quarter, or similar division of such period of enroll4 ment.

5 ‘‘(5) REFUND RULES.—The Corporation shall,

6 by regulation, provide for the refund to the Corpora7 tion (and the crediting to the national service edu8 cational award of an eligible individual) of amounts

9 disbursed to institutions for the benefit of eligible in10 dividuals who withdraw or otherwise fail to complete

11 the period of enrollment for which the assistance

12 was provided. Such regulations shall be consistent

13 with the fair and equitable refund policies required

14 of institutions pursuant to section 484B of the

15 Higher Education Act of 1965 (20 U.S.C. 1091b).

16 Amounts refunded to the Trust pursuant to this

17 paragraph may be used by the Corporation to fund

18 additional approved national service positions under

19 subtitle C.

20 ‘‘(6) MAXIMUM AWARD.—The portion of an eli21 gible individual’s total available national service edu22 cational award that may be disbursed under this

23 subsection for any period of enrollment shall not ex24 ceed the difference between—
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1 ‘‘(A) the eligible individual’s cost of attend2 ance for such period of enrollment, determined

3 in accordance with section 472 of the Higher

4 Education Act of 1965 (20 U.S.C. 1087ll); and

5 ‘‘(B) the sum of (i) the student’s estimated

6 financial assistance for such period under part

7 A of title IV of such Act (20 U.S.C. 1070 et

8 seq.), and (ii) the student’s veterans’ education

9 benefits, determined in accordance with section

10 480(c) of such Act (20 U.S.C. 1087vv(c)).

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

12 IN APPROVED SCHOOL-TO-WORK PROGRAMS.—The Cor13 poration shall by regulation provide for the payment of

14 national service educational awards to permit eligible indi15 viduals to participate in school-to-work programs approved

16 by the Secretaries of Labor and Education.

17 ‘‘(e) INTEREST PAYMENTS DURING FORBEARANCE

18 ON LOAN REPAYMENT.—The Corporation shall provide by

19 regulation for the payment on behalf of an eligible individ20 ual of interest that accrues during a period for which such

21 individual has obtained forbearance in the repayment of

22 a qualified student loan (as defined in subsection (b)(6)),

23 if the eligible individual successfully completes his or her

24 required term of service (as determined under section
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1 146(b)). Such regulations shall be prescribed after con2 sultation with the Secretary of Education.

3 ‘‘(f) EXCEPTION.—With the approval of the Director,

4 an approved national service program funded under sec5 tion 121, may offer participants the option of waiving

6 their right to receive a National Service Education Award

7 in order to receive an alternative post-service benefit fund8 ed by the program entirely with non-Federal funds.

9 ‘‘(g) DEFINITION OF INSTITUTION OF HIGHER EDU10 CATION.—Notwithstanding section 101 of this Act, for

11 purposes of this section the term ‘institution of higher

12 education’ has the meaning provided by section 481(a) of

13 the Higher Education Act of 1965 (20 U.S.C. 1088(a)).’’.

14 (b) TABLE OF CONTENTS.—Section 1(b) of the Na15 tional and Community Service Act of 1990 (Public Law

16 101–610; 104 Stat. 3127) is amended by striking the

17 items relating to subtitle D of title I of such Act and in18 serting the following new items:

‘‘Subtitle D—National Service Trust and Provision of National Service

Educational Awards

‘‘Sec. 145. Establishment of the National Service Trust.

‘‘Sec. 146. Individuals eligible to receive a national service educational award

from the Trust.

‘‘Sec. 147. Determination of the amount of the national service educational

award.

‘‘Sec. 148. Disbursement of national service educational awards.’’.

19 (c) CONFORMING AMENDMENTS.—

20 (1) ELIGIBILITY FOR SUBSIDIZED STAFFORD

21 LOANS.—Section 428(a)(2)(C)(i) of the Higher Edu-
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1 cation Act of 1965 (20 U.S.C. 1078(a)(2)(C)(i)) is

2 amended by inserting after ‘‘parts C and E of this

3 title,’’ the following: ‘‘any national service edu4 cational award such student will receive under sub5 title D of title I of the National and Community

6 Service Act of 1990 (42 U.S.C. 12751 et seq.),’’.

7 (2) FORBEARANCE IN THE COLLECTION OF

8 STAFFORD LOANS.—Section 428 of the Higher Edu9 cation Act of 1965 is amended—

10 (A) in subsection (b)(1)—

11 (i) by redesignating subparagraphs

12 (W), (X), and (Y) as subparagraphs (X),

13 (Y), and (Z), respectively; and

14 (ii) by inserting immediately after

15 subparagraph (V) the following new sub16 paragraph:

17 ‘‘(W)(i) provides that, upon written re18 quest, a lender shall grant a borrower forbear19 ance on such terms as are otherwise consistent

20 with the regulations of the Secretary, during

21 periods in which the borrower is serving in a

22 national service position, for which he or she re23 ceives a national service educational award

24 under the National Service Trust Act of 1993;
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1 ‘‘(ii) provides that clauses (iii) and (iv) of

2 subparagraph (V) shall also apply to a forbear3 ance granted under this subparagraph; and

4 ‘‘(iii) provides that interest shall continue

5 to accrue on a loan for which a borrower re6 ceives forbearance under this subparagraph and

7 shall be capitalized or paid by the borrower;’’;

8 and

9 (B) in subsection (c)(3)(A), by striking

10 ‘‘subsection (b)(1)(V)’’ and inserting ‘‘sub11 section (b)(1) (V) and (W)’’.

12 (3) ELIGIBILITY FOR STAFFORD LOAN FOR13 GIVENESS.—Section 428J of the Higher Education

14 Act of 1965 (20 U.S.C. 1078–10) is amended—

15 (A) in subsection (b)(1), is amended by

16 striking ‘‘October 1, 1992’’ and inserting ‘‘Oc17 tober 1, 1989’’; and

18 (B) in subsection (c), by adding at the end

19 the following new paragraph:

20 ‘‘(5) INELIGIBILITY OF NATIONAL SERVICE

21 EDUCATIONAL AWARD RECIPIENTS.—No student

22 borrower may, for the same volunteer service, receive

23 a benefit under both this section and subtitle D of

24 title I of the National and Community Service Act

25 of 1990 (42 U.S.C. 12751 et seq.).’’.
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1 (4) ELIGIBILITY FOR PERKINS LOAN FORGIVE2 NESS.—Section 465(a) of the Higher Education Act

3 of 1965 (20 U.S.C. 1087ee(a)) is amended by add4 ing at the end the following new paragraph:

5 ‘‘(6) No borrower may, for the same volunteer

6 service, receive a benefit under both this section and

7 subtitle D of title I of the National and Community

8 Service Act of 1990 (42 U.S.C. 12751 et seq.).’’.

9 (5) IMPACT ON GENERAL NEEDS ANALYSIS.—

10 Section 480(j) of such Act (20 U.S.C. 1087vv(j)) is

11 amended by adding at the end the following new

12 paragraph:

13 ‘‘(3) Notwithstanding paragraph (1), any na14 tional service educational award such student will re15 ceive under subtitle D of title I of the National and

16 Community Service Act of 1990 (42 U.S.C. 12751

17 et seq.) shall not be taken into account in determin18 ing estimated financial assistance not received under

19 this title.’’.

20 SEC. 103. SCHOOL-BASED AND COMMUNITY-BASED SERV21 ICE-LEARNING PROGRAMS.

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

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

24 is to improve the Serve-America programs estab25 lished under part I of subtitle B of the National and
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1 Community Service Act of 1990, and to enable the

2 Corporation for National Service, and the entities

3 receiving financial assistance under such part, to—

4 (A) work with teachers in elementary

5 schools and secondary schools within a commu6 nity, and with community-based agencies, to

7 create and offer service-learning opportunities

8 for all school-age youth;

9 (B) educate teachers, and faculty providing

10 teacher training and retraining, about service11 learning, and incorporate service-learning op12 portunities into classroom teaching to strength13 en academic learning;

14 (C) coordinate the work of adult volunteers

15 who work with elementary and secondary

16 schools as part of their community service ac17 tivities; and

18 (D) work with employers in the commu19 nities to ensure that projects introduce the stu20 dents to various careers and expose the stu21 dents to needed further education and training.

22 (2) PROGRAMS.—Subtitle B of title I of the Na23 tional and Community Service Act of 1990 (42

24 U.S.C. 12501 et seq.) is amended by striking the
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1 subtitle heading and all that follows through the end

2 of part I and inserting the following:

3 ‘‘Subtitle B—School-Based and

4 Community-Based Service5 Learning Programs

6 ‘‘PART I—SERVE-AMERICA PROGRAMS

7 ‘‘Subpart A—School-Based Programs for Students

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

9 TRIBES.

10 ‘‘(a) USE OF FUNDS.—The Corporation, in consulta11 tion with the Secretary of Education, may make grants

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

13 (a) and (b)(2) of section 112, to States (acting through

14 their State educational agency) and Indian tribes to pay

15 for the Federal share of—

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

17 States or Indian tribes (which may be accomplished

18 through grants or contracts with qualified organiza19 tions) to implement school-based service-learning

20 programs, including—

21 ‘‘(A) providing training for teachers, su22 pervisors, personnel from community-based

23 agencies (particularly with regard to the utiliza24 tion of participants), and trainers, to be con-
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1 ducted by qualified individuals or organizations

2 that have experience with service-learning;

3 ‘‘(B) developing service-learning curricula

4 to be integrated into academic programs, in5 cluding the age-appropriate learning component

6 described in section 114(d)(5)(B);

7 ‘‘(C) forming local partnerships described

8 in paragraph (2) or (4) to develop school-based

9 service-learning programs in accordance with

10 this subpart;

11 ‘‘(D) devising appropriate methods for re12 search and evaluation of the educational value

13 of service-learning and the effect of service14 learning activities on communities; and

15 ‘‘(E) establishing effective outreach and

16 dissemination of information to ensure the

17 broadest possible involvement of community18 based agencies with demonstrated effectiveness

19 in working with school-age youth in their com20 munities;

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

22 school-based service-learning programs, which may

23 include paying for the cost of the recruitment, train24 ing, supervision, placement, salaries, and benefits of

25 service-learning coordinators, through State distribu-
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1 tion of Federal funds made available under this sub2 part to projects operated by local partnerships

3 among—

4 ‘‘(A) local educational agencies; and

5 ‘‘(B) one or more community partners

6 that—

7 ‘‘(i) shall include a public or private

8 nonprofit organization that—

9 ‘‘(I) has a demonstrated and ex10 tensive expertise in the provision of

11 services to meet unmet human, edu12 cational, environmental, or public

13 safety needs;

14 ‘‘(II) was in existence at least 1

15 year before the date on which the or16 ganization applies to participate in the

17 partnership; and

18 ‘‘(III) will make projects avail19 able for participants, who shall be stu20 dents; and

21 ‘‘(ii) may include a private for-profit

22 business or private elementary or second23 ary school;

24 ‘‘(3) planning of school-based service-learning

25 programs through State distribution of Federal
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1 funds made available under this subpart to local

2 educational agencies, which planning may include

3 paying 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

19 of Federal funds made available under this part to

20 local partnerships among—

21 ‘‘(A) local educational agencies; and

22 ‘‘(B) one or more—

23 ‘‘(i) public or private nonprofit organi24 zations;

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) DUTIES OF SERVICE-LEARNING COORDINA5 TOR.—A service-learning coordinator referred to in para6 graph (2) or (3) of subsection (a) shall provide services

7 to a local educational agency by—

8 ‘‘(1) expanding the awareness of teachers of the

9 potential of service-learning in strengthening the

10 educational achievement, leadership development,

11 and substantive learning, of students;

12 ‘‘(2) providing technical assistance and informa13 tion to, and facilitating the training of, teachers who

14 want to use service-learning in their classrooms;

15 ‘‘(3) assisting local partnerships described in

16 subsection (a) in the planning, development, and

17 execution of service-learning projects;

18 ‘‘(4) recruiting and supervising adult volun19 teers, or individuals who are participants in a pro20 gram under subtitle C or receive a national service

21 educational award under subtitle D, to expand serv22 ice-learning opportunities; and

23 ‘‘(5) coordinating the activities of the service24 learning coordinator with the activities of the com-
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1 mittee described in section 114(d)(1), and, where

2 appropriate, assisting the committee.

3 ‘‘(c) RELATED EXPENSES.—A partnership, local edu4 cational agency, or other qualified organization that re5 ceives financial assistance under this subpart may, in car6 rying out the activities described in subsection (a), use

7 such assistance to pay for the Federal share of reasonable

8 costs related to the supervision of participants, program

9 administration, transportation, insurance, evaluations,

10 and for other reasonable expenses related to the activities.

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

12 NONPARTICIPATING STATES.

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

14 an application under section 113, for an allotment under

15 subsection (a) or (b)(2) of section 112, that meets the re16 quirements of section 113 and such other requirements

17 as the Chairperson may determine to be appropriate, the

18 Corporation may use the allotment of that State to make

19 direct grants to pay for the Federal share of the cost of—

20 ‘‘(1) carrying out the activities described in

21 paragraph (2) or (4) of section 111(a), to a local

22 partnership described in such paragraph; or

23 ‘‘(2) carrying out the activities described in

24 paragraph (3) of such section, to an agency de25 scribed in such paragraph,
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1 that is located in the State.

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

3 NONPROFIT ORGANIZATIONS.

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

5 grants under section 112(b)(1) to public and private non6 profit organizations that—

7 ‘‘(1) have experience with service-learning;

8 ‘‘(2) were in existence 1 year before the date on

9 which the organization submitted an application

10 under section 114(a); and

11 ‘‘(3) meet such other criteria as the Chair12 person may establish.

13 ‘‘(b) USE OF FUNDS.—Such organizations may use

14 grants made under subsection (a) to make grants to part15 nerships described in paragraph (2) or (4) of section

16 111(a) to implement, operate, or expand school-based

17 service-learning programs as described in such section and

18 provide technical assistance and training to appropriate

19 persons.

20 ‘‘SEC. 112. GRANTS AND ALLOTMENTS.

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

22 amounts appropriated to carry out this subpart for any

23 fiscal year, the Corporation shall reserve an amount of not

24 more than 1 percent for payments to Indian tribes, the

25 Virgin Islands of the United States, Guam, American
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1 Samoa, and the Commonwealth of the Northern Mariana

2 Islands, to be allotted in accordance with their respective

3 needs. The Corporation may also make payments from

4 such amount to Palau, in accordance with its needs, until

5 such time as the Compact of Free Association with Palau

6 is ratified.

7 ‘‘(b) GRANTS AND ALLOTMENTS THROUGH

8 STATES.—The Corporation shall use the remainder of the

9 funds appropriated to carry out this subpart for any fiscal

10 year as follows:

11 ‘‘(1) GRANTS.—Except as provided in para12 graph (3), from 25 percent of such funds, the Cor13 poration may make grants, on a competitive basis,

14 to—

15 ‘‘(A) State educational agencies and Indian

16 tribes; or

17 ‘‘(B) as described in section 111B, to

18 grantmaking entities.

19 ‘‘(2) ALLOTMENTS.—

20 ‘‘(A) SCHOOL-AGE YOUTH.—Except as pro21 vided in paragraph (3), from 37.5 percent of

22 such funds, the Corporation shall allot to each

23 State an amount that bears the same ratio to

24 37.5 percent of such funds as the number of
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1 school-age youth in the State bears to the total

2 number of school-age youth of all States.

3 ‘‘(B) ALLOCATION UNDER ELEMENTARY

4 AND SECONDARY EDUCATION ACT OF 1965.—

5 Except as provided in paragraph (3), from 37.5

6 percent of such funds, the Corporation shall

7 allot to each State an amount that bears the

8 same ratio to 37.5 percent of such funds as the

9 allocation to the State for the previous fiscal

10 year under chapter 1 of title I of the Elemen11 tary and Secondary Education Act of 1965 (20

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

13 to all States.

14 ‘‘(3) MINIMUM AMOUNT.—No State shall re15 ceive, under paragraph (2), an allotment that is less

16 than the allotment such State received for fiscal year

17 1993 under section 112(b) of this Act, as in effect

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

19 If the amount of funds made available in a fiscal

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

21 make such allotments, the Corporation shall make

22 available sums from the 25 percent described in

23 paragraph (1) for such fiscal year to make such al24 lotments.
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1 ‘‘(4) DEFINITION.—Notwithstanding section

2 101(25), for purposes of this subsection, the term

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

4 of Columbia, the Commonwealth of Puerto Rico, and

5 an Indian tribe.

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

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

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

9 State or Indian tribe does not submit an application for

10 the allotment under section 113 that meets the require11 ments of such section and such other requirements as the

12 Chairperson may determine to be appropriate, the Cor13 poration shall, after making any grants under section

14 111A to a partnership or agency described in such section,

15 make any remainder of such allotment available for real16 lotment to such other States, and Indian tribes, with ap17 proved applications submitted under section 113, as the

18 Corporation may determine to be appropriate.

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

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

21 fiscal year to carry out this subpart, the Corporation shall

22 award grants to States and Indian tribes, from the

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

24 the Federal share of the activities described in section 111.
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1 ‘‘SEC. 113. STATE OR TRIBAL APPLICATIONS.

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

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

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

5 112(c), or a grant under section 112(d), a State, acting

6 through the State educational agency, or an Indian tribe,

7 shall prepare, submit to the Corporation, and obtain ap8 proval of, an application at such time and in such manner

9 as the Chairperson may reasonably require.

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

11 under subsection (a) with respect to service-learning pro12 grams described in section 111 shall include—

13 ‘‘(1) a 3-year strategic plan, or a revision of a

14 previously approved 3-year strategic plan, for pro15 moting service-learning through the programs, which

16 plan shall contain such information as the Chair17 person may reasonably require, such as—

18 ‘‘(A) a description of the goals to be at19 tained in promoting service-learning through

20 such programs;

21 ‘‘(B) a description of the resources and or22 ganization needed to achieve the goals of such

23 programs within elementary schools and second24 ary schools; and

25 ‘‘(C) a description of the manner in

26 which—
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1 ‘‘(i) such programs and the activities

2 to be carried out under such programs re3 late to the goals described in subparagraph

4 (A);

5 ‘‘(ii) the applicant will evaluate the

6 success of the programs and the extent of

7 community involvement in the programs,

8 and measure the extent to which the pro9 grams meet the goals described in subpara10 graph (A);

11 ‘‘(iii) in reviewing applications submit12 ted under section 114(c), the applicant has

13 ranked the applications according to the

14 criteria described in section 115(b), has

15 considered the factors described in section

16 115(a), and has reviewed the applications

17 in a manner that ensured the equitable

18 treatment of all such applications;

19 ‘‘(iv) the programs will be coordinated

20 with—

21 ‘‘(I) the education reform efforts

22 of the applicant;

23 ‘‘(II) other efforts to meet the

24 National Education Goals;
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1 ‘‘(III) other service activities in

2 the State or serving the Indian tribe;

3 and

4 ‘‘(IV) other education programs,

5 training programs, social service pro6 grams, and appropriate programs that

7 serve school-age youth, that are au8 thorized under Federal law;

9 ‘‘(v) the applicant will disseminate in10 formation, conduct outreach, and take

11 other measures, to encourage cooperative

12 efforts among the local educational agen13 cies, local government agencies, commu14 nity-based agencies, State agencies, and

15 private for-profit businesses that will carry

16 out the service-learning programs proposed

17 by the applicant, to develop and provide

18 projects, including those that involve the

19 participation of urban, suburban, and rural

20 students working together;

21 ‘‘(vi) the applicant will promote ap22 propriate projects in such programs for

23 economically disadvantaged students, stu24 dents with limited basic skills, students in

25 foster care who are becoming too old for
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1 foster care, students of limited English

2 proficiency, homeless students, and stu3 dents with disabilities;

4 ‘‘(vii) service-learning training and

5 technical assistance will be provided

6 through the programs—

7 ‘‘(I) to State and local edu8 cational agency personnel, federally

9 assisted education specialists in the

10 State or serving the Indian tribe, and

11 local recipients of grants under this

12 subpart, to raise the awareness of

13 service-learning among such person14 nel, specialists, and recipients; and

15 ‘‘(II) by qualified and experi16 enced individuals employed by the

17 State or Indian tribe or through

18 grants or contracts with such individ19 uals;

20 ‘‘(viii) a service-learning network will

21 be established for the State or Indian

22 tribe, comprised of expert teachers and ad23 ministrators who have carried out success24 ful service-learning activities within the

25 State or serving the Indian tribe; and
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1 ‘‘(ix) the applicant will use payments

2 from sources described in section

3 116(a)(2)(B) to expand projects for stu4 dents through the programs proposed by

5 the applicant;

6 ‘‘(2) assurances that—

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

8 and provide such information to the Corpora9 tion with respect to the programs as may be re10 quired for fiscal audits and program evaluation;

11 and

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

13 nonduplication and nondisplacement require14 ments of section 177; and

15 ‘‘(3) such additional information as the Chair16 person may reasonably require.

17 ‘‘SEC. 114. LOCAL APPLICATIONS.

18 ‘‘(a) APPLICATION TO CORPORATION TO MAKE

19 GRANTS FOR SCHOOL-BASED SERVICE-LEARNING PRO20 GRAMS.—

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

22 grant in accordance with section 111B(a) to make

23 grants relating to school-based service-learning pro24 grams described in section 111(a)(2), a grantmaking
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1 entity shall prepare, submit to the Corporation, and

2 obtain approval of, an application.

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

4 submitted at such time and in such manner, and

5 shall contain such information, as the Chairperson

6 may reasonably require. Such application shall in7 clude a proposal to assist such programs in more

8 than 1 State.

9 ‘‘(b) DIRECT APPLICATION TO CORPORATION TO

10 CARRY OUT SCHOOL-BASED SERVICE-LEARNING PRO11 GRAMS IN NONPARTICIPATING STATES.—To be eligible to

12 receive a grant from the Corporation in the circumstances

13 described in section 111A to carry out an activity de14 scribed in such section, a partnership or agency described

15 in such section shall prepare, submit to the Corporation,

16 and obtain approval of, an application. Such application

17 shall be submitted at such time and in such manner, and

18 shall contain such information, as the Chairperson may

19 reasonably require.

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

21 RECEIVE ASSISTANCE TO CARRY OUT SCHOOL-BASED

22 SERVICE-LEARNING PROGRAMS.—

23 ‘‘(1) IN GENERAL.—Any—

24 ‘‘(A) qualified organization that desires to

25 receive financial assistance under this subpart
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1 from a State or Indian tribe for an activity de2 scribed in section 111(a)(1);

3 ‘‘(B) partnership described in section

4 111(a)(2) that desires to receive such assistance

5 from a State, Indian tribe, or grantmaking en6 tity for an activity described in section

7 111(a)(2);

8 ‘‘(C) agency described in section 111(a)(3)

9 that desires to receive such assistance from a

10 State or Indian tribe for an activity described

11 in such section; or

12 ‘‘(D) partnership described in section

13 111(a)(4) that desires to receive such assistance

14 from a State or Indian tribe for an activity de15 scribed in such section,

16 to be carried out through a service-learning program

17 described in section 111, shall prepare, submit to

18 the State educational agency, Indian tribe, or

19 grantmaking entity, and obtain approval of, an ap20 plication for the program.

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

22 submitted at such time and in such manner, and

23 shall contain such information, as the agency, tribe,

24 or entity may reasonably require.
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1 ‘‘(d) CONTENTS OF APPLICATION.—An application

2 that is submitted under subsection (a), (b), or (c) with

3 respect to a service-learning program described in section

4 111 shall, at a minimum, contain a proposal that in5 cludes—

6 ‘‘(1) information specifying the membership and

7 role of an established advisory committee, consisting

8 of representatives of community-based agencies in9 cluding service recipients, students, parents, teach10 ers, administrators, representatives of agencies that

11 serve school-age youth or older adults, school board

12 members, representatives of local labor organiza13 tions, and representatives of business, that will pro14 vide advice with respect to the program;

15 ‘‘(2) a description of—

16 ‘‘(A) the goals of the program which shall

17 include goals that are quantifiable and dem18 onstrate any benefits from the program to par19 ticipants and the community;

20 ‘‘(B) service-learning projects to be pro21 vided under the program, and evidence that

22 participants will make a sustained commitment

23 to service in the projects;
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1 ‘‘(C) the manner in which participants in

2 the program were or will be involved in the de3 sign and operation of the program;

4 ‘‘(D) training for supervisors, teachers,

5 service sponsors, and participants in the pro6 gram;

7 ‘‘(E) the manner in which exemplary serv8 ice will be recognized under the program; and

9 ‘‘(F) any resources that will permit con10 tinuation of the program, if needed, after the

11 assistance received under this subpart for the

12 program has ended;

13 ‘‘(3) information that shall include—

14 ‘‘(A) a disclosure of whether or not the

15 participants will receive academic credit for par16 ticipation in the program;

17 ‘‘(B) the expected number of participants

18 in the program and the hours of service that

19 such participants will provide individually and

20 as a group;

21 ‘‘(C) the proportion of expected partici22 pants in the program who are economically dis23 advantaged, including participants with disabil24 ities; and
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1 ‘‘(D) any role of adult volunteers in imple2 menting the program, and the manner in which

3 such volunteers will be recruited;

4 ‘‘(4) in the case of an application submitted by

5 a local partnership, a written agreement, between

6 the members of the local partnership, stating that

7 the program was jointly developed by the members

8 and that the program will be jointly executed by the

9 members; and

10 ‘‘(5) assurances that—

11 ‘‘(A) prior to the placement of a partici12 pant, the entity carrying out the program will

13 consult with any local labor organization rep14 resenting employees in the area who are en15 gaged in the same or similar work as that pro16 posed to be carried out by such program, to

17 prevent the displacement and protect the rights

18 of such employees;

19 ‘‘(B) the entity carrying out the program

20 will develop an age-appropriate learning compo21 nent for participants in the program that shall

22 include a chance for participants to analyze and

23 apply their service experiences; and

24 ‘‘(C) the entity carrying out the program

25 will comply with the nonduplication and
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1 nondisplacement requirements of section 177

2 and grievance procedure requirements of section

3 176(f).

4 ‘‘SEC. 115. CONSIDERATION OF APPLICATIONS.

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

6 applications for financial assistance under subsection (a),

7 (b), (c), or (d) of section 112, the Corporation shall con8 sider such criteria with respect to sustainability,

9 replicability, innovation, and quality of programs under

10 this subpart as the Chairperson may by regulation specify.

11 In providing assistance under this subpart, a State edu12 cational agency, Indian tribe, or grantmaking entity shall

13 consider such criteria.

14 ‘‘(b) PRIORITY FOR LOCAL APPLICATIONS.—

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

16 under this subpart, a State educational agency or

17 Indian tribe, or the Corporation if section 111A or

18 111B applies, shall give priority to entities that sub19 mit applications under section 114 with respect to

20 service-learning programs described in section 111

21 that—

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

23 operation of the program;

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

25 such as programs targeting low-income areas;
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1 ‘‘(C) involve—

2 ‘‘(i) students from public elementary

3 or secondary schools, and students from

4 private elementary or secondary schools,

5 serving together; or

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

7 sexes, ethnic groups, disabilities, or eco8 nomic backgrounds, serving together; or

9 ‘‘(D) are integrated into the academic pro10 gram of the participants.

11 ‘‘(c) REJECTION OF APPLICATIONS.—If the Corpora12 tion rejects an application submitted by a State under sec13 tion 113 for an allotment under subsection (b)(2) of sec14 tion 112, the Corporation shall promptly notify the State

15 of the reasons for the rejection of the application. The

16 Corporation shall provide the State with a reasonable op17 portunity to revise and resubmit the application and shall

18 provide technical assistance, if needed, to the State as part

19 of the resubmission process. The Corporation shall

20 promptly reconsider such resubmitted application.

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

22 FROM PRIVATE SCHOOLS.

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

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

25 school district of the local educational agency involved who
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1 are enrolled in private nonprofit elementary and secondary

2 schools, such State, Indian tribe, or agency shall (after

3 consultation with appropriate private school representa4 tives) make provision—

5 ‘‘(1) for the inclusion of services and arrange6 ments for the benefit of such students so as to allow

7 for the equitable participation of such students in

8 the programs implemented to carry out the objec9 tives and provide the benefits described in this sub10 part; and

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

12 students so as to allow for the equitable participa13 tion of such teachers in the programs implemented

14 to carry out the objectives and provide the benefits

15 described in this subpart.

16 ‘‘(b) WAIVER.—If a State, Indian tribe, or local edu17 cational agency is prohibited by law from providing for

18 the participation of students or teachers from private non19 profit schools as required by subsection (a), or if the Cor20 poration determines that a State, Indian tribe, or local

21 educational agency substantially fails or is unwilling to

22 provide for such participation on an equitable basis, the

23 Chairperson shall waive such requirements and shall ar24 range for the provision of services to such students and

25 teachers. Such waivers shall be subject to consultation,
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1 withholding, notice, and judicial review requirements in

2 accordance with paragraphs (3) and (4) of section 1017(b)

3 of the Elementary and Secondary Education Act of 1965

4 (20 U.S.C. 2727(b)).

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

6 ‘‘(a) SHARE.—

7 ‘‘(1) IN GENERAL.—The Federal share attrib8 utable to this subpart of the cost of carrying out a

9 program for which a grant or allotment is made

10 under this subpart may not exceed—

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

12 program for the first year for which the pro13 gram receives assistance under this subpart;

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

15 program for the second year for which the pro16 gram receives assistance under this subpart;

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

18 program for the third year for which the pro19 gram receives assistance under this subpart;

20 and

21 ‘‘(D) 50 percent of the total cost of the

22 program for the fourth year, and for any subse23 quent year, for which the program receives as24 sistance under this subpart.
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1 ‘‘(2) CALCULATION.—In providing for the re2 maining share of the cost of carrying out such a pro3 gram, each recipient of assistance under this sub4 part—

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

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

7 including facilities, equipment, or services; and

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

9 State sources, local sources, or Federal sources

10 (other than funds made available under the na11 tional service laws).

12 ‘‘(b) WAIVER.—The Chairperson may waive the re13 quirements of subsection (a) in whole or in part with re14 spect to any such program in any fiscal year if the Cor15 poration determines that such a waiver would be equitable

16 due to a lack of available financial resources at the local

17 level.

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

19 ‘‘(a) ADMINISTRATIVE COSTS.—

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

21 the amount of assistance provided to a State edu22 cational agency, Indian tribe, or grantmaking entity

23 that is the original recipient of a grant or allotment

24 under subsection (a), (b), (c), or (d) of section 112
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1 for a fiscal year may be used to pay for administra2 tive costs incurred by—

3 ‘‘(A) the original recipient; or

4 ‘‘(B) the entity carrying out the service5 learning programs supported with the assist6 ance.

7 ‘‘(2) RULES ON USE.—The Chairperson may by

8 rule prescribe the manner and extent to which—

9 ‘‘(A) such assistance may be used to cover

10 administrative costs; and

11 ‘‘(B) that portion of the assistance avail12 able to cover administrative costs should be dis13 tributed between—

14 ‘‘(i) the original recipient; and

15 ‘‘(ii) the entity carrying out the serv16 ice-learning programs supported with the

17 assistance.

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

19 than 10 percent and not more than 15 percent of the

20 amount of assistance provided to a State educational

21 agency or Indian tribe that is the original recipient of a

22 grant or allotment under subsection (a), (b), (c), or (d)

23 of section 112 for a fiscal year may be used to build capac24 ity through training, technical assistance, curriculum de-
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1 velopment, and coordination activities, described in section

2 111(a)(1).

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-of8 pocket expenses directly related to participation in a pro9 gram 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 de14 scribed 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(28), 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

3 a 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; and

10 ‘‘(B) was in existence 1 year before the

11 date on which the organization submitted the

12 application.

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

14 ‘qualified organization’ means a public or private

15 nonprofit organization with experience working with

16 school-age youth that meets such criteria as the

17 Chairperson may establish.

18 ‘‘SEC. 117A. GENERAL AUTHORITY.

19 ‘‘(a) GRANTS.—From the funds appropriated to

20 carry out this subpart for a fiscal year, the Corporation

21 may make grants to State Commissions, grantmaking en22 tities, and qualified organizations to pay for the Federal

23 share of the implementation, operation, expansion, or rep24 lication of community-based service programs.

25 ‘‘(b) USE OF FUNDS.—
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1 ‘‘(1) STATE COMMISSIONS AND GRANTMAKING

2 ENTITIES.—A State Commission or grantmaking en3 tity may use a grant made under subsection (a)—

4 ‘‘(A) to make a grant to a qualified organi5 zation to implement, operate, expand, or rep6 licate a community-based service-learning pro7 gram that provides for meaningful human, edu8 cational, environmental, or public safety service

9 by participants, who shall be school-age youth;

10 or

11 ‘‘(B) to provide training and technical as12 sistance to such an organization.

13 ‘‘(2) QUALIFIED ORGANIZATIONS.—A qualified

14 organization, other than a grantmaking entity, may

15 use a grant made under subsection (a) to implement,

16 operate, expand, or replicate a program described in

17 paragraph (1)(A).

18 ‘‘SEC. 117B. STATE APPLICATIONS.

19 ‘‘(a) IN GENERAL.—To be eligible to receive a grant

20 under section 117A(a), a State Commission shall prepare,

21 submit to the Corporation, and obtain approval of, an ap22 plication.

23 ‘‘(b) SUBMISSION.—Such application shall be submit24 ted to the Corporation at such time and in such manner,
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1 and shall contain such information, as the Chairperson

2 may reasonably require.

3 ‘‘(c) CONTENTS.—Such an application shall include,

4 at a minimum, a State plan that contains the descriptions,

5 proposals, and assurance described in section 117C(d)

6 with respect to each community-based service program

7 proposed to be carried out through funding distributed by

8 the State Commission under this subpart.

9 ‘‘SEC. 117C. LOCAL APPLICATIONS.

10 ‘‘(a) APPLICATION TO CORPORATION TO MAKE

11 GRANTS FOR COMMUNITY-BASED SERVICE PROGRAMS.—

12 To be eligible to receive a grant from the Corporation

13 under section 117A(a) to make grants under section

14 117A(b)(1), a grantmaking entity shall prepare, submit

15 to the Corporation, and obtain approval of, an application

16 that proposes a community-based service program to be

17 carried out through grants made to qualified organiza18 tions. Such application shall be submitted at such time

19 and in such manner, and shall contain such information,

20 as the Chairperson may reasonably require.

21 ‘‘(b) DIRECT APPLICATION TO CORPORATION TO

22 CARRY OUT COMMUNITY-BASED SERVICE PROGRAMS.—

23 To be eligible to receive a grant from the Corporation

24 under section 117A(a) to implement, operate, expand, or

25 replicate a community service program, a qualified organi-
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1 zation shall prepare, submit to the Corporation, and ob2 tain approval of, an application that proposes a commu3 nity-based service program to be carried out at multiple

4 sites, or that proposes an innovative community-based

5 service program. Such application shall be submitted at

6 such time and in such manner, and shall contain such in7 formation, as the Chairperson may reasonably require.

8 ‘‘(c) APPLICATION TO STATE COMMISSION OR

9 GRANTMAKING ENTITY TO RECEIVE GRANTS TO CARRY

10 OUT COMMUNITY-BASED SERVICE PROGRAMS.—To be el11 igible to receive a grant from a State Commission or

12 grantmaking entity under section 117A(b)(1), a qualified

13 organization shall prepare, submit to the Commission or

14 entity, and obtain approval of, an application. Such appli15 cation shall be submitted at such time and in such man16 ner, and shall contain such information, as the Commis17 sion or entity may reasonably require.

18 ‘‘(d) REQUIREMENTS OF APPLICATION.—An applica19 tion submitted under subsection (a), (b), or (c) shall, at

20 a minimum, contain—

21 ‘‘(1) a description of any community-based

22 service program proposed to be implemented, oper23 ated, expanded, or replicated directly by the appli24 cant using assistance provided under this subpart;
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1 ‘‘(2) a description of any grant program pro2 posed to be conducted by the applicant with assist3 ance provided under this subpart to support a com4 munity-based service program;

5 ‘‘(3) a proposal for carrying out the commu6 nity-based service program that describes the man7 ner in which the entity carrying out the program

8 will—

9 ‘‘(A) provide preservice and inservice train10 ing, for supervisors and participants, that will

11 be conducted by qualified individuals, or quali12 fied organizations, that have experience in com13 munity-based service programs;

14 ‘‘(B) include economically disadvantaged

15 individuals as participants in the program pro16 posed by the applicant;

17 ‘‘(C) provide an age-appropriate service18 learning component described in section

19 114(d)(5)(B);

20 ‘‘(D) conduct an appropriate evaluation of

21 the program;

22 ‘‘(E) provide for appropriate community

23 involvement in the program;

24 ‘‘(F) provide service experiences that pro25 mote leadership abilities among participants in
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1 the program, including experiences that involve

2 such participants in program design;

3 ‘‘(G) involve participants in projects ap4 proved by community-based agencies;

5 ‘‘(H) establish and measure progress to6 ward the goals of the program; and

7 ‘‘(I) organize participants in the program

8 into teams, if appropriate, with team leaders

9 who may be participants in a program under

10 subtitle C or individuals who receive a national

11 service educational award under subtitle D; and

12 ‘‘(4) an assurance that the entity carrying out

13 the program proposed by the applicant will comply

14 with the nonduplication and nondisplacement provi15 sions of section 177 and grievance procedure re16 quirements of section 176(f).

17 ‘‘SEC. 117D. CONSIDERATION OF APPLICATIONS.

18 ‘‘(a) APPLICATION OF CRITERIA.—The Corporation

19 shall apply the criteria described in subsection (b) in de20 termining whether to approve an application submitted

21 under section 117B or under subsection (a) or (b) of sec22 tion 117C and to provide assistance under section 117A

23 to the applicant on the basis of the application.

24 ‘‘(b) ASSISTANCE CRITERIA.—In evaluating such an

25 application with respect to a program under this subpart,
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1 the Corporation shall consider the criteria established for

2 national service programs under section 133(c).

3 ‘‘(c) APPLICATION TO SUBGRANTS.—A State Com4 mission or grantmaking entity shall apply the criteria de5 scribed in subsection (b) in determining whether to ap6 prove an application under section 117C(c) and to make

7 a grant under section 117A(b)(1) to the applicant on the

8 basis of the application.

9 ‘‘SEC. 117E. FEDERAL, STATE, AND LOCAL CONTRIBUTIONS.

10 ‘‘(a) FEDERAL SHARE.—

11 ‘‘(1) IN GENERAL.—The Federal share attrib12 utable to this subpart of the cost of carrying out a

13 program for which a grant is made under this sub14 part may not exceed the percentage specified in sub15 paragraph (A), (B), (C), or (D) of section 116(a)(1),

16 as appropriate.

17 ‘‘(2) CALCULATION.—Each recipient of assist18 ance under this subpart shall comply with section

19 116(a)(2).

20 ‘‘(b) WAIVER.—The Chairperson may waive the re21 quirements of subsection (a), in whole or in part, as pro22 vided in section 116(b).

23 ‘‘SEC. 117F. LIMITATIONS ON USES OF FUNDS.

24 ‘‘(a) ADMINISTRATIVE COSTS.—Not more than 5 per25 cent of the amount of assistance provided to a State Com-
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1 mission, grantmaking entity, or qualified organization that

2 is the original recipient of a grant under section 117A(a)

3 for a fiscal year may be used to pay for administrative

4 costs incurred by—

5 ‘‘(1) the original recipient; or

6 ‘‘(2) the entity carrying out the community7 based service programs supported with the assist8 ance.

9 ‘‘(b) RULES ON USE.—The Chairperson may by rule

10 prescribe the manner and extent to which—

11 ‘‘(1) such assistance may be used to cover ad12 ministrative costs; and

13 ‘‘(2) that portion of the assistance available to

14 cover administrative costs should be distributed be15 tween—

16 ‘‘(A) the original recipient; and

17 ‘‘(B) the entity carrying out the commu18 nity-based service programs supported with the

19 assistance.

20 ‘‘Subpart C—Clearinghouse

21 ‘‘SEC. 118. SERVICE-LEARNING CLEARINGHOUSE.

22 ‘‘(a) IN GENERAL.—The Corporation shall provide fi23 nancial assistance, from funds appropriated to carry out

24 subtitle H, to agencies described in subsection (b) to es25 tablish a clearinghouse, which shall carry out activities,
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1 either directly or by arrangement with another such entity,

2 with respect to information about service-learning.

3 ‘‘(b) PUBLIC AND PRIVATE NONPROFIT AGENCIES.—

4 Public and private nonprofit agencies that have extensive

5 experience with service-learning, including use of adult vol6 unteers to foster service-learning, shall be eligible to re7 ceive assistance under subsection (a).

8 ‘‘(c) FUNCTION OF CLEARINGHOUSE.—An entity

9 that receives assistance under subsection (a) may—

10 ‘‘(1) assist entities carrying out State or local

11 service-learning programs with needs assessments

12 and planning;

13 ‘‘(2) conduct research and evaluations concern14 ing service-learning;

15 ‘‘(3)(A) provide leadership development and

16 training to State and local service-learning program

17 administrators, supervisors, service sponsors, and

18 participants; and

19 ‘‘(B) provide training to persons who can pro20 vide the leadership development and training de21 scribed in subparagraph (A);

22 ‘‘(4) facilitate communication among entities

23 carrying out service-learning programs and partici24 pants in such programs;
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1 ‘‘(5) provide information, curriculum materials,

2 and technical assistance relating to planning and op3 eration of service-learning programs, to States and

4 local entities eligible to receive financial assistance

5 under this title;

6 ‘‘(6) provide information regarding methods to

7 make service-learning programs accessible to individ8 uals with disabilities;

9 ‘‘(7)(A) gather and disseminate information on

10 successful service-learning programs, components of

11 such successful programs, innovative youth skills

12 curricula related to service-learning, and service13 learning projects; and

14 ‘‘(B) coordinate the activities of the Clearing15 house with appropriate entities to avoid duplication

16 of effort;

17 ‘‘(8) make recommendations to State and local

18 entities on quality controls to improve the quality of

19 service-learning programs;

20 ‘‘(9) assist organizations in recruiting, screen21 ing, and placing service-learning coordinators; and

22 ‘‘(10) carry out such other activities as the

23 Chairperson determines to be appropriate.’’.

24 (b) HIGHER EDUCATION INNOVATIVE PROJECTS.—

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

2 by striking part II and inserting the following:

3 ‘‘PART II—HIGHER EDUCATION INNOVATIVE

4 PROGRAMS FOR COMMUNITY SERVICE

5 ‘‘SEC. 119. HIGHER EDUCATION INNOVATIVE PROGRAMS

6 FOR COMMUNITY SERVICE.

7 ‘‘(a) PURPOSE.—It is the purpose of this part to ex8 pand participation in community service by supporting in9 novative community service programs carried out through

10 institutions of higher education, acting as civic institutions

11 to meet the human, educational, environmental, or public

12 safety needs of neighboring communities.

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

14 consultation with the Secretary of Education, is author15 ized to make grants to, and enter into contracts with, in16 stitutions of higher education (including a combination of

17 such institutions), and partnerships comprised of such in18 stitutions and of other public agencies or nonprofit private

19 organizations, to pay for the Federal share of the cost of—

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

21 to create or expand an organized community service

22 program that—

23 ‘‘(A) engenders a sense of social respon24 sibility and commitment to the community in

25 which the institution is located; and
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1 ‘‘(B) provides projects for participants,

2 who shall be students, faculty, administration,

3 or staff of the institution, or residents of the

4 community;

5 ‘‘(2) supporting student-initiated and student6 designed community service projects through the

7 program;

8 ‘‘(3) facilitating the integration of community

9 service carried out under the program into academic

10 curricula, including integration of clinical programs

11 into the curriculum for students in professional

12 schools, so that students can obtain credit for their

13 community service projects;

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

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

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

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

18 service through the community service program;

19 ‘‘(5) strengthening the service infrastructure

20 within institutions of higher education in the United

21 States through the program; and

22 ‘‘(6) providing for the training of teachers, pro23 spective teachers, related education personnel, and

24 community leaders in the skills necessary to develop,

25 supervise, and organize service-learning.
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1 ‘‘(c) FEDERAL SHARE.—

2 ‘‘(1) SHARE.—

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

4 the cost of carrying out a community service

5 project for which a grant or contract is awarded

6 under this part may not exceed 50 percent.

7 ‘‘(B) CALCULATION.—Each recipient of as8 sistance under this part shall comply with sec9 tion 116(a)(2).

10 ‘‘(2) WAIVER.—The Chairperson may waive the

11 requirements of paragraph (1), in whole or in part,

12 as provided in section 116(b).

13 ‘‘(d) APPLICATION FOR GRANT.—

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

15 into a contract under this part, an institution or

16 partnership described in subsection (b) shall pre17 pare, submit to the Corporation, and obtain approval

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

19 as the Chairperson may reasonably require.

20 ‘‘(2) CONTENTS.—An application submitted

21 under paragraph (1) shall contain—

22 ‘‘(A) such information as the Chairperson

23 may reasonably require, such as a description

24 of—
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1 ‘‘(i) the proposed program to be es2 tablished with assistance provided under

3 the grant or contract;

4 ‘‘(ii) the human, educational, environ5 mental, or public safety service that par6 ticipants will perform and the community

7 need that will be addressed under such

8 program;

9 ‘‘(iii) whether or not students will re10 ceive academic credit for community serv11 ice projects under the program;

12 ‘‘(iv) the procedure for training super13 visors and participants and for supervising

14 and organizing participants in such pro15 gram;

16 ‘‘(v) the procedures to ensure that the

17 program includes the age-appropriate

18 learning component described in section

19 114(d)(5)(B);

20 ‘‘(vi) the roles played by students and

21 community members, including service re22 cipients, in the design and implementation

23 of the program; and

24 ‘‘(vii) the budget for the program;

25 ‘‘(B) assurances that—
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1 ‘‘(i) prior to the placement of a partic2 ipant, the applicant will consult with any

3 local labor organization representing em4 ployees in the area who are engaged in the

5 same or similar work as that proposed to

6 be carried out by such program, to prevent

7 the displacement and protect the rights of

8 such employees; and

9 ‘‘(ii) the applicant will comply with

10 the nonduplication and nondisplacement

11 provisions of section 177 and grievance

12 procedure requirements of section 176(f);

13 and

14 ‘‘(C) such other assurances as the Chair15 person may reasonably require.

16 ‘‘(e) PRIORITY.—

17 ‘‘(1) IN GENERAL.—In making grants and en18 tering into contracts under subsection (b), the Cor19 poration shall give priority to applicants that submit

20 applications containing proposals that—

21 ‘‘(A) demonstrate the commitment of the

22 institution of higher education, other than by

23 demonstrating the commitment of the students,

24 to supporting the community service projects

25 carried out under the program;
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1 ‘‘(B) specify the manner in which the insti2 tution will promote faculty, administration, and

3 staff participation in the community service

4 projects;

5 ‘‘(C) specify the manner in which the insti6 tution will provide service to the community

7 through organized programs, including, where

8 appropriate, clinical programs for students in

9 professional schools;

10 ‘‘(D) describe any partnership that will

11 participate in the community service projects,

12 such as a partnership comprised of—

13 ‘‘(i) the institution;

14 ‘‘(ii)(I) a community-based agency;

15 ‘‘(II) a local government agency; or

16 ‘‘(III) a nonprofit entity that serves or

17 involves school-age youth or older adults;

18 and

19 ‘‘(iii) a student organization;

20 ‘‘(E) demonstrate community involvement

21 in the development of the proposal;

22 ‘‘(F) specify that the institution will use

23 such assistance to strengthen the service infra24 structure in institutions of higher education; or
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1 ‘‘(G) with respect to projects involving de2 livery of service, specify projects that involve

3 leadership development of school-age youth.

4 ‘‘(2) DETERMINATION.—In giving priority to

5 applicants under paragraph (1), the Corporation

6 shall give increased priority to such an applicant for

7 each characteristic described in subparagraphs (A)

8 through (G) of paragraph (1) that is reflected in the

9 application submitted by the applicant.

10 ‘‘(f) NATIONAL SERVICE EDUCATIONAL AWARD.—A

11 participant in a program funded under this part shall be

12 eligible for the national service educational award de13 scribed in subtitle D, if the participant served in an ap14 proved national service position.

15 ‘‘(g) DEFINITION.—Notwithstanding section

16 101(28), as used in this part, the term ‘student’ means

17 an individual who is enrolled in an institution of higher

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

19 ‘‘PART III—GENERAL PROVISIONS

20 ‘‘SEC. 120. AVAILABILITY OF APPROPRIATIONS.

21 ‘‘Of the aggregate amount appropriated to carry out

22 this subtitle for each fiscal year—

23 ‘‘(1) a sum equal to 75 percent of such aggre24 gate amount shall be available to carry out part I,

25 of which—
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1 ‘‘(A) 85 percent of such sum shall be avail2 able to carry out subpart A; and

3 ‘‘(B) 15 percent of such sum shall be avail4 able to carry out subpart B; and

5 ‘‘(2) a sum equal to 25 percent of such aggre6 gate amount shall be available to carry out part II.’’.

7 (c) TABLE OF CONTENTS.—Section 1(b) of the Na8 tional and Community Service Act of 1990 (Public Law

9 101–610; 104 Stat. 3127) is amended by striking the

10 items relating to subtitle B of title I of such Act and in11 serting 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 nonprofit 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.
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‘‘PART II—HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY

SERVICE

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

‘‘PART III—GENERAL PROVISIONS

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

1 SEC. 104. QUALITY AND INNOVATION ACTIVITIES.

2 (a) REPEAL.—Subtitle E of title I of the National

3 and Community Service Act of 1990 (42 U.S.C. 12591

4 et seq.) is repealed.

5 (b) TRANSFER.—Title I of the National and Commu6 nity Service Act of 1990 (42 U.S.C. 12501 et seq.) is

7 amended—

8 (1) by redesignating subtitle H (42 U.S.C.

9 12653 et seq.) as subtitle E;

10 (2) by inserting subtitle E (as redesignated by

11 paragraph (1) of this subsection) after subtitle D;

12 and

13 (3) by redesignating sections 195 through 195O

14 as sections 151 through 166, respectively.

15 (c) INVESTMENT FOR QUALITY AND INNOVATION.—

16 Title I of the National and Community Service Act of

17 1990 is further amended by adding before subtitle I (as

18 transferred by section 101(a) of this Act) the following

19 new subtitle:
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1 ‘‘Subtitle H—Investment for

2 Quality and Innovation

3 ‘‘SEC. 198. ADDITIONAL CORPORATION ACTIVITIES TO SUP4 PORT NATIONAL SERVICE.

5 ‘‘(a) METHODS OF CONDUCTING ACTIVITIES.—The

6 Corporation may carry out this section directly or through

7 grants, contracts, and cooperative agreements with other

8 entities.

9 ‘‘(b) INNOVATION AND QUALITY IMPROVEMENT.—

10 ‘‘(1) ACTIVITIES.—The Corporation may under11 take activities to improve the quality of national

12 service programs and to support innovative and

13 model programs, including—

14 ‘‘(A) programs under subtitle B or C for

15 rural youth;

16 ‘‘(B) employer-based retiree programs;

17 ‘‘(C) intergenerational programs;

18 ‘‘(D) programs involving and integrating

19 individuals with disabilities as participants pro20 viding service; and

21 ‘‘(E) programs sponsored by Governors.

22 ‘‘(2) INTERGENERATIONAL PROGRAM.—An

23 intergenerational program referred to in paragraph

24 (1)(C) may include a program in which older adults
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1 provide services to children who participate in Head

2 Start programs.

3 ‘‘(c) SUMMER PROGRAMS.—The Corporation may

4 support service programs intended to be carried out be5 tween May 1 and October 1, except that such a program

6 may also include a year-round component.

7 ‘‘(d) COMMUNITY-BASED AGENCIES.—The Corpora8 tion may provide training and technical assistance and

9 other assistance to service sponsors and other community10 based agencies that provide volunteer placements in order

11 to improve the ability of such agencies to use participants

12 and other volunteers in a manner that results in high-qual13 ity service and a positive service experience for the partici14 pants and volunteers.

15 ‘‘(e) IMPROVE ABILITY TO APPLY FOR ASSIST16 ANCE.—The Corporation shall provide training and tech17 nical assistance to individuals, programs, local labor orga18 nizations, State educational agencies, State commissions,

19 local educational agencies, local governments, community20 based agencies, and other entities to enable them to apply

21 for funding under one of the national service laws, to con22 duct high-quality programs, to evaluate such programs,

23 and for other purposes.

24 ‘‘(f) NATIONAL SERVICE FELLOWSHIPS.—The Cor25 poration may award national service fellowships.
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1 ‘‘(g) CONFERENCES AND MATERIALS.—The Corpora2 tion may organize and hold conferences, and prepare and

3 publish materials, to disseminate information and promote

4 the sharing of information among programs for the pur5 pose of improving the quality of programs and projects.

6 ‘‘(h) PEACE CORPS AND VISTA TRAINING.—The

7 Corporation may provide training assistance to selected in8 dividuals who volunteer to serve in the Peace Corps or a

9 program authorized under title I of the Domestic Volun10 teer Service Act of 1973 (42 U.S.C. 4951 et seq.). The

11 training shall be provided as part of the course of study

12 of the individual at an institution of higher education,

13 shall involve service-learning, and shall cover appropriate

14 skills that the individual will use in the Peace Corps or

15 VISTA.

16 ‘‘(i) PROMOTION AND RECRUITMENT.—The Corpora17 tion may conduct a campaign to solicit funds for the Na18 tional Service Trust and other programs and activities au19 thorized under the national service laws and to promote

20 and recruit participants for programs that receive assist21 ance under the national service laws.

22 ‘‘(j) TRAINING.—The Corporation may support na23 tional and regional participant and supervisor training, in24 cluding leadership training and training in specific types

25 of service and in building the ethic of civic responsibility.
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1 ‘‘(k) RESEARCH.—The Corporation may support re2 search on national service, including service-learning.

3 ‘‘(l) INTERGENERATIONAL SUPPORT.—The Corpora4 tion may assist programs in developing a service compo5 nent that combines students, out-of-school youths, and

6 older adults as participants to provide needed community

7 services.

8 ‘‘(m) PLANNING COORDINATION.—The Corporation

9 may coordinate community-wide planning among pro10 grams and projects.

11 ‘‘(n) YOUTH LEADERSHIP.—The Corporation may

12 support activities to enhance the ability of youth and

13 young adults to play leadership roles in national service.

14 ‘‘(o) NATIONAL PROGRAM IDENTITY.—The Corpora15 tion may support the development and dissemination of

16 materials, including training materials, and arrange for

17 uniforms and insignia, designed to promote unity and

18 shared features among programs that receive assistance

19 under the national service laws.

20 ‘‘(p) SERVICE-LEARNING.—The Corporation shall

21 support innovative programs and activities that promote

22 service-learning.

23 ‘‘SEC. 198A. CLEARINGHOUSES.

24 ‘‘(a) ASSISTANCE.—The Corporation shall provide as25 sistance to appropriate entities to establish one or more
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1 clearinghouses, including the clearinghouse described in

2 section 118.

3 ‘‘(b) APPLICATION.—To be eligible to receive assist4 ance under subsection (a), an entity shall submit an appli5 cation to the Corporation at such time, in such manner,

6 and containing such information as the Corporation may

7 require.

8 ‘‘(c) FUNCTION OF CLEARINGHOUSES.—An entity

9 that receives assistance under subsection (a) may—

10 ‘‘(1) assist entities carrying out State or local

11 community service programs with needs assessments

12 and planning;

13 ‘‘(2) conduct research and evaluations concern14 ing community service;

15 ‘‘(3)(A) provide leadership development and

16 training to State and local community service pro17 gram administrators, supervisors, and participants;

18 and

19 ‘‘(B) provide training to persons who can pro20 vide the leadership development and training de21 scribed in subparagraph (A);

22 ‘‘(4) facilitate communication among entities

23 carrying out community service programs and par24 ticipants;
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1 ‘‘(5) provide information, curriculum materials,

2 technical assistance relating to planning and oper3 ation of community service programs, to States and

4 local entities eligible to receive funds under this title;

5 ‘‘(6)(A) gather and disseminate information on

6 successful community service programs, components

7 of such successful programs, innovative youth skills

8 curriculum, and community service projects; and

9 ‘‘(B) coordinate the activities of the clearing10 house with appropriate entities to avoid duplication

11 of effort;

12 ‘‘(7) make recommendations to State and local

13 entities on quality controls to improve the delivery of

14 community service programs and on changes in the

15 programs under this title; and

16 ‘‘(8) carry out such other activities as the

17 Chairperson determines to be appropriate.

18 ‘‘SEC. 198B. PRESIDENTIAL AWARDS FOR SERVICE.

19 ‘‘(a) PRESIDENTIAL AWARDS.—

20 ‘‘(1) IN GENERAL.—The President, acting

21 through the Corporation, may make Presidential

22 awards for service to individuals providing signifi23 cant service, and to outstanding service programs.

24 ‘‘(2) INDIVIDUALS AND PROGRAMS.—Notwith25 standing section 101(17)—
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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 author6 ized under this Act.

7 ‘‘(3) NATURE OF AWARD.—In making an award

8 under this section to an individual or program, the

9 President, acting through the Corporation—

10 ‘‘(A) is authorized to incur necessary ex11 penses for the honorary recognition of the indi12 vidual or program; and

13 ‘‘(B) is not authorized to make a cash

14 award to such individual or program.

15 ‘‘(b) INFORMATION.—The President, acting through

16 the Corporation, shall ensure that information concerning

17 individuals and programs receiving awards under this sec18 tion is widely disseminated.

19 ‘‘SEC. 198C. ASSISTANCE FOR HEAD START.

20 ‘‘Under section 198, the Corporation may make

21 grants to, and contracts and cooperative agreements with,

22 public and nonprofit private agencies and organizations

23 that receive grants and contracts under the Foster Grand24 parent Program (part B of title II of the Domestic Volun25 teer Service Act of 1973), for projects of the type de-
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1 scribed in section 211(a) of such Act operating under

2 memoranda of agreement with the ACTION Agency, for

3 the purpose of increasing the number of low-income indi4 viduals who provide services under such program to chil5 dren who participate in Head Start programs.’’.

6 (d) TABLE OF CONTENTS.—

7 (1) CIVILIAN COMMUNITY CORPS.—Section 1(b)

8 of the National and Community Service Act of 1990

9 (Public Law 101–610; 104 Stat. 3127) is amended

10 by striking the items relating to subtitle E of title

11 I of 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 members.

‘‘Sec. 159. Administrative provisions.

‘‘Sec. 160. Status of Corps members and Corps personnel under Federal law.

‘‘Sec. 161. Contract and grant authority.

‘‘Sec. 162. Responsibilities of other departments.

‘‘Sec. 163. Advisory board.

‘‘Sec. 164. Annual evaluation.

‘‘Sec. 165. Funding limitation.

‘‘Sec. 166. Definitions.’’.

12 (2) QUALITY AND INNOVATION.—Section 1(b)

13 of the National and Community Service Act of 1990

14 (Public Law 101–610; 104 Stat. 3127) is amended

15 by striking the items relating to subtitle H of title

16 I of such Act and inserting the following:

‘‘Subtitle H—Investment for Quality and Innovation
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‘‘Sec. 198. Additional corporation activities to support national service.

‘‘Sec. 198A. Clearinghouses.

‘‘Sec. 198B. Presidential awards for service.

‘‘Sec. 198C. Assistance for Head Start.’’.

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

15 ‘‘subtitle 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

22 OF 1990.—
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1 (A) Section 153(a) of the National and

2 Community Service Act of 1990 (as redesig3 nated in subsection (b)(3) of this section) (42

4 U.S.C. 12653b(a)) is amended by striking

5 ‘‘195A(a)’’ and inserting ‘‘152(a)’’.

6 (B) Section 154(a) of such Act (as redesig7 nated in subsection (b)(3) of this section) (42

8 U.S.C. 12653c(a)) is amended by striking

9 ‘‘195A(a)’’ and inserting ‘‘152(a)’’.

10 (C) Section 155 of such Act (as redesig11 nated in subsection (b)(3) of this section) (42

12 U.S.C. 12653d) is amended—

13 (i) in subsection (a), by striking

14 ‘‘195H(c)(1)’’ and inserting ‘‘159(c)(1)’’;

15 (ii) in subsection (c)(2), by striking

16 ‘‘195H(c)(2)’’ and inserting ‘‘159(c)(2)’’;

17 and

18 (iii) in subsection (d)(3), by striking

19 ‘‘195K(a)(3)’’ and inserting ‘‘162(a)(3)’’.

20 (D) Section 156 of such Act (as redesig21 nated in subsection (b)(3) of this section) (42

22 U.S.C. 12653e) is amended—

23 (i) in subsection (c)(1), by striking

24 ‘‘195H(c)(2)’’ and inserting ‘‘159(c)(2)’’;

25 and
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1 (ii) in subsection (d), by striking

2 ‘‘195K(a)(3)’’ and inserting ‘‘162(a)(3)’’.

3 (E) Section 159 of such Act (as redesig4 nated in subsection (b)(3) of this section) (42

5 U.S.C. 12653h) is amended—

6 (i) in subsection (a)—

7 (I) by striking ‘‘195A’’ and in8 serting ‘‘152’’; and

9 (II) by striking ‘‘195’’ and in10 serting ‘‘151’’; and

11 (ii) in subsection (c)(2)(C)(i), by

12 striking ‘‘195K(a)(2)’’ and inserting

13 ‘‘162(a)(2)’’.

14 (F) Section 161(b)(1)(B) of such Act (as

15 redesignated in subsection (b)(3) of this sec16 tion) (42 U.S.C. 12653j(b)(1)(B)) is amended

17 by striking ‘‘195K(a)(3)’’ and inserting

18 ‘‘162(a)(3)’’.

19 (G) Section 162(a)(2)(A) of such Act (as

20 redesignated in subsection (b)(3) of this sec21 tion) (42 U.S.C. 12653k(a)(2)(A)) is amended

22 by striking ‘‘195(3)’’ and inserting ‘‘151(3)’’.

23 (H) Section 166 of such Act (as redesig24 nated in subsection (b)(3) of this section) (42

25 U.S.C. 12653o) is amended—
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1 (i) in paragraph (2), by striking

2 ‘‘195D’’ and inserting ‘‘155’’;

3 (ii) in paragraph (8), by striking

4 ‘‘195A’’ and inserting ‘‘152’’;

5 (iii) in paragraph (10), by striking

6 ‘‘195D(d)’’ and inserting ‘‘155(d)’’; and

7 (iv) in paragraph (11), by striking

8 ‘‘195D(c)’’ and inserting ‘‘155(c)’’.

9 (f) EXTENSION OF AUTHORITY TO CONDUCT CIVIL10 IAN COMMUNITY CORPS.—Section 1092(c) of the National

11 Defense Authorization Act for Fiscal Year 1993 (Public

12 Law 102–484; 106 Stat. 2534), as amended by subsection

13 (e)(1) of this section, is further amended by adding at the

14 end the following new sentence: ‘‘The amount made avail15 able for the Civilian Community Corps Demonstration

16 Program pursuant to this subsection shall remain avail17 able for expenditure during fiscal years 1993 and 1994.’’.

18 (g) ADDITIONAL AMENDMENT REGARDING CIVILIAN

19 COMMUNITY CORPS.—Section 158 of the National and

20 Community Service Act of 1990 (as redesignated in sub21 section (b)(3) of this section) (42 U.S.C. 12653g) is

22 amended by striking subsections (f), (g), and (h) and in23 serting the following new subsections:

24 ‘‘(f) NATIONAL SERVICE EDUCATIONAL AWARDS.—

25 A Corps member who successfully completes a period of
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1 agreed service in the Corps may receive the national serv2 ice educational award described in subtitle D if the Corps

3 member—

4 ‘‘(1) serves in an approved national service po5 sition; and

6 ‘‘(2) satisfies the eligibility requirements speci7 fied in section 146 with respect to service in that ap8 proved national service position.

9 ‘‘(g) ALTERNATIVE BENEFIT.—If a Corps member

10 who successfully completes a period of agreed service in

11 the Corps is ineligible for the national service educational

12 award described in subtitle D, the Director may provide

13 for the provision of a suitable alternative benefit for the

14 Corps member.’’.

15 SEC. 105. PUBLIC LANDS CORPS.

16 Public Law 91–378 (16 U.S.C. 1701–1706; com17 monly known as the Youth Conservation Corps Act of

18 1970) is amended—

19 (1) by inserting before section 1 the following:

20 ‘‘TITLE I—YOUTH

21 CONSERVATION CORPS’’;

22 (2) by striking ‘‘Act’’ each place it appears and

23 inserting ‘‘title’’;

24 (3) by redesignating sections 1 through 6 as

25 sections 101 through 106, respectively;
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1 (4) in section 102 (as so redesignated), by in2 serting ‘‘in this title’’ after ‘‘hereinafter’’ in sub3 section (a);

4 (5) in section 104 (as so redesignated), by

5 striking ‘‘section 6’’ in subsection (d) and inserting

6 ‘‘section 106’’; and

7 (6) by adding at the end the following new title:

8 ‘‘TITLE II—PUBLIC LANDS

9 CORPS

10 ‘‘SEC. 201. SHORT TITLE.

11 ‘‘This title may be cited as the ‘Public Lands Corps

12 Act of 1993’.

13 ‘‘SEC. 202. CONGRESSIONAL FINDINGS AND PURPOSE.

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

15 ‘‘(1) Conserving or developing natural and cul16 tural resources and enhancing and maintaining envi17 ronmentally important lands and waters through the

18 use of the Nation’s young men and women in a Pub19 lic Lands Corps can benefit those men and women

20 by providing them with education and work opportu21 nities, furthering their understanding and apprecia22 tion of the natural and cultural resources, and pro23 viding a means to pay for higher education or to

24 repay indebtedness they have incurred to obtain
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1 higher education while at the same time benefiting

2 the Nation’s economy and its environment.

3 ‘‘(2) Many facilities and natural resources lo4 cated on eligible service lands are in disrepair or de5 graded and in need of labor intensive rehabilitation,

6 restoration, and enhancement work which cannot be

7 carried out by Federal agencies at existing personnel

8 levels.

9 ‘‘(3) Youth conservation corps have established

10 a good record of restoring and maintaining these

11 kinds of facilities and resources in a cost effective

12 and efficient manner, especially when they have

13 worked in partnership arrangements with govern14 ment land management agencies.

15 ‘‘(b) PURPOSE.—It is the purpose of this title to—

16 ‘‘(1) perform, in a cost-effective manner, appro17 priate conservation projects on eligible service lands

18 where such projects will not be performed by exist19 ing employees;

20 ‘‘(2) assist governments and Indian tribes in

21 performing research and public education tasks asso22 ciated with natural and cultural resources on eligible

23 service lands;

24 ‘‘(3) expose young men and women to public

25 service while furthering their understanding and ap-
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1 preciation of the nation’s natural and cultural re2 sources;

3 ‘‘(4) expand educational opportunities by re4 warding individuals who participate in national serv5 ice with an increased ability to pursue higher edu6 cation or job training; and

7 ‘‘(5) stimulate interest among the nation’s

8 young men and women in conservation careers by

9 exposing them to conservation professionals in land

10 managing agencies.

11 ‘‘SEC. 203. DEFINITIONS.

12 ‘‘For purposes of this title:

13 ‘‘(1) The term ‘appropriate conservation

14 project’ means any project for the conservation, res15 toration, construction or rehabilitation of natural,

16 cultural, historic, archaeological, recreational, or sce17 nic resources.

18 ‘‘(2) The terms ‘Corps’ and ‘Public Lands

19 Corps’ mean the Public Lands Corps established

20 under section 204.

21 ‘‘(3) The term ‘eligible service lands’ means

22 public lands, Indian lands, and Hawaiian home

23 lands.

24 ‘‘(4) The term ‘Hawaiian home lands’ means all

25 lands given the status of Hawaiian home lands
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1 under section 204 of the Hawaiian Homes Commis2 sion Act, 1920 (42 Stat. 110), or under the cor3 responding provision of the Constitution of the State

4 of Hawaii adopted under section 4 of the Act enti5 tled ‘An Act to provide for the admission of the

6 State of Hawaii into the Union’, approved March

7 18, 1959 (Public Law 86–3; 73 Stat. 5).

8 ‘‘(5) The term ‘Indian tribe’ means an Indian

9 tribe, band, nation, or other organized group or com10 munity, including any Native village, Regional Cor11 poration, or Village Corporation, as defined in sub12 section (c), (g), or (j), respectively, of section 3 of

13 the Alaska Native Claims Settlement Act (43 U.S.C.

14 1602 (c), (g), or (j)), that is recognized as eligible

15 for the special programs and services provided by

16 the United States under Federal law to Indians be17 cause of their status as Indians.

18 ‘‘(6) The term ‘Indian’ means a person who is

19 a member of an Indian tribe.

20 ‘‘(7) The term ‘Indian lands’ means—

21 ‘‘(A) any Indian reservation;

22 ‘‘(B) any public domain Indian allotments;

23 ‘‘(C) any former Indian reservation in the

24 State of Oklahoma;
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1 ‘‘(D) any land held by incorporated Native

2 groups, regional corporations, and village cor3 porations under the Alaska Native Claims Set4 tlement Act (43 U.S.C. 1701 et seq.); and

5 ‘‘(E) any land held by dependent Indian

6 communities within the borders of the United

7 States whether within the original or subse8 quently acquired territory thereof, and whether

9 within or without the limits of a State.

10 ‘‘(8) The term ‘public lands’ means any lands

11 or waters (or interest therein) owned or adminis12 tered by the United States, except that such term

13 does not include any Indian lands.

14 ‘‘(9) The term ‘qualified youth or conservation

15 corps’ means any program established by a State or

16 local government, by the governing body of any In17 dian tribe, or by a nonprofit organization that—

18 ‘‘(A) is capable of offering meaningful,

19 full-time, productive work for individuals be20 tween the ages of 16 and 25, inclusive, in a

21 natural or cultural resource setting;

22 ‘‘(B) gives participants a mix of work ex23 perience, basic and life skills, education, train24 ing, and support services; and
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1 ‘‘(C) provides participants with the oppor2 tunity to develop citizenship values and skills

3 through service to their community and the

4 United States.

5 ‘‘(10) The term ‘resource assistant’ means a re6 source assistant selected under section 206.

7 ‘‘(11) The term ‘State’ means any State of the

8 United States, the District of Columbia, the Com9 monwealth of Puerto Rico, Guam, the Virgin Islands

10 of the United States, American Samoa, and the

11 Commonwealth of the Northern Mariana Islands.

12 ‘‘SEC. 204. PUBLIC LANDS CORPS PROGRAM.

13 ‘‘(a) ESTABLISHMENT OF PUBLIC LANDS CORPS.—

14 There is hereby established in the Department of the Inte15 rior and the Department of Agriculture a Public Lands

16 Corps.

17 ‘‘(b) PARTICIPANTS.—The Corps shall consist of indi18 viduals between the ages of 16 and 25, inclusive, who are

19 enrolled as participants in the Corps by the Secretary of

20 the Interior or the Secretary of Agriculture. To be eligible

21 for enrollment in the Corps, an individual shall satisfy the

22 criteria specified in section 137(b) of the National and

23 Community Service Act of 1990. The Secretaries may en24 roll such individuals in the Corps without regard to the

25 civil service and classification laws, rules, or regulations
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1 of the United States. The Secretaries may establish a pref2 erence for the enrollment in the Corps of individuals who

3 are economically, physically, or educationally disadvan4 taged.

5 ‘‘(c) QUALIFIED YOUTH OR CONSERVATION

6 CORPS.—The Secretary of the Interior and the Secretary

7 of Agriculture are authorized to enter into contracts and

8 cooperative agreements with any qualified youth or con9 servation corps to perform appropriate conservation

10 projects referred to in subsection (d).

11 ‘‘(d) PROJECTS TO BE CARRIED OUT.—The Sec12 retary of the Interior and the Secretary of Agriculture

13 may each utilize the Corps or any qualified youth or con14 servation corps to carry out appropriate conservation

15 projects which such Secretary is authorized to carry out

16 under other authority of law on public lands. Appropriate

17 conservation projects may also be carried out under this

18 title on Indian lands with the approval of the Indian tribe

19 involved and on Hawaiian home lands with the approval

20 of the Department of Hawaiian Home Lands of the State

21 of Hawaii. The Secretaries may also authorize appropriate

22 conservation projects and other appropriate projects to be

23 carried out on Federal, State, local, or private lands as

24 part of disaster prevention or relief efforts in response to

25 an emergency or major disaster declared by the President
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1 under the Robert T. Stafford Disaster Relief and Emer2 gency Assistance Act (42 U.S.C. 5121 et seq.).

3 ‘‘(e) PREFERENCE FOR CERTAIN PROJECTS.—In se4 lecting appropriate conservation projects to be carried out

5 under this title, the Secretary of the Interior and the Sec6 retary of Agriculture shall give preference to those

7 projects which—

8 ‘‘(1) will provide long-term benefits to the pub9 lic;

10 ‘‘(2) will instill in the enrollee involved a work

11 ethic and a sense of public service;

12 ‘‘(3) will be labor intensive;

13 ‘‘(4) can be planned and initiated promptly; and

14 ‘‘(5) will provide academic, experiential, or envi15 ronmental education opportunities.

16 ‘‘(f) CONSISTENCY.—Each appropriate conservation

17 project carried out under this title on eligible service lands

18 shall be consistent with the provisions of law and policies

19 relating to the management and administration of such

20 lands, with all other applicable provisions of law, and with

21 all management, operational, and other plans and docu22 ments which govern the administration of the area.

23 ‘‘SEC. 205. CONSERVATION CENTERS.

24 ‘‘(a) ESTABLISHMENT AND USE.—The Secretary of

25 the Interior and the Secretary of Agriculture are each au-
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1 thorized to provide such quarters, board, medical care,

2 transportation, and other services, facilities, supplies, and

3 equipment as such Secretary deems necessary in connec4 tion with the Public Lands Corps and appropriate con5 servation projects carried out under this title and to estab6 lish and use conservation centers owned and operated by

7 such Secretary for purposes of the Corps and such

8 projects. The Secretaries shall establish basic standards

9 of health, nutrition, sanitation, and safety for all conserva10 tion centers established under this section and shall assure

11 that such standards are enforced. Where necessary or ap12 propriate, the Secretaries may enter into contracts and

13 other appropriate arrangements with State and local gov14 ernment agencies and private organizations for the man15 agement of such conservation centers.

16 ‘‘(b) LOGISTICAL SUPPORT.—The Secretary of the

17 Interior and the Secretary of Agriculture may make ar18 rangements with the Secretary of Defense to have

19 logistical support provided by the Armed Forces to the

20 Corps and any conservation center established under this

21 section, where feasible. Logistical support may include the

22 provision of temporary tent shelters where needed, trans23 portation, and residential supervision.

24 ‘‘(c) USE OF MILITARY INSTALLATIONS.—The Sec25 retary of the Interior and the Secretary of Agriculture
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1 may make arrangements with the Secretary of Defense to

2 identify military installations and other facilities of the

3 Department of Defense and, in consultation with the adju4 tant generals of the State National Guards, National

5 Guard facilities that may be used, in whole or in part,

6 by the Corps for training or housing Corps participants.

7 ‘‘SEC. 206. RESOURCE ASSISTANTS.

8 ‘‘(a) AUTHORIZATION.—The Secretary of the Interior

9 and the Secretary of Agriculture are each authorized to

10 provide individual placements of resource assistants with

11 any Federal land managing agency under the jurisdiction

12 of such Secretary to carry out research or resource protec13 tion activities on behalf of the agency. To be eligible for

14 selection as a resource assistant, an individual must be

15 at least 17 years of age. The Secretaries may select re16 source assistants without regard to the civil service and

17 classification laws, rules, or regulations of the United

18 States. The Secretaries shall give a preference to the selec19 tion of individuals who are enrolled in an institution of

20 higher education or are recent graduates from an institu21 tion of higher education, with particular attention given

22 to ensure full representation of women and participants

23 from historically black, Hispanic, and Native American

24 schools.
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1 ‘‘(b) USE OF EXISTING NONPROFIT ORGANIZA2 TIONS.—Whenever one or more existing nonprofit organi3 zations can provide, in the judgment of the Secretary of

4 the Interior or the Secretary of Agriculture, appropriate

5 recruitment and placement services to fulfill the require6 ments of this section, the Secretary may implement this

7 section through such existing organizations. Participating

8 nonprofit organizations shall contribute to the expenses of

9 providing and supporting the resource assistants, through

10 private sources of funding, at a level equal to 25 percent

11 of the total costs of each participant in the Resource As12 sistant program who has been recruited and placed

13 through that organization. Any such participating non14 profit conservation service organization shall be required,

15 by the respective land managing agency, to submit an an16 nual report evaluating the scope, size, and quality of the

17 program, including the value of work contributed by the

18 Resource Assistants, to the mission of the agency.

19 ‘‘SEC. 207. LIVING ALLOWANCES AND TERMS OF SERVICE.

20 ‘‘(a) LIVING ALLOWANCES.—The Secretary of the In21 terior and the Secretary of Agriculture shall provide each

22 participant in the Public Lands Corps and each resource

23 assistant with a living allowance in an amount not to ex24 ceed the maximum living allowance authorized by section

25 140(a)(3) of the National and Community Service Act of
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1 1990 for participants in a national service program as2 sisted under subtitle C of title I of such Act.

3 ‘‘(b) TERMS OF SERVICE.—Each participant in the

4 Corps and each resource assistant shall agree to partici5 pate in the Corps or serve as a resource assistant, as the

6 case may be, for such term of service as may be estab7 lished by the Secretary enrolling or selecting the individ8 ual.

9 ‘‘SEC. 208. NATIONAL SERVICE EDUCATIONAL AWARDS.

10 ‘‘(a) EDUCATIONAL BENEFITS AND AWARDS.—If a

11 participant in the Public Lands Corps or a resource assist12 ant also serves in an approved national service position

13 designated under subtitle C of title I of the National and

14 Community Service Act of 1990, the participant or re15 source assistant shall be eligible for a national service edu16 cational award in the manner prescribed in subtitle D of

17 such title upon successfully complying with the require18 ments for the award. The period during which the national

19 service educational award may be used, the purposes for

20 which the award may be used, and the amount of the

21 award shall be determined as provided under such subtitle.

22 ‘‘(b) FORBEARANCE IN THE COLLECTION OF STAF23 FORD LOANS.—For purposes of section 428 of the Higher

24 Education Act of 1965, in the case of borrowers who are

25 either participants in the Corps or resource assistants,
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1 upon written request, a lender shall grant a borrower for2 bearance on such terms as are otherwise consistent with

3 the regulations of the Secretary of Education, during peri4 ods in which the borrower is serving as such a participant

5 or a resource assistant.

6 ‘‘SEC. 209. NONDISPLACEMENT.

7 ‘‘The nondisplacement requirements of section 177 of

8 the National and Community Service Act of 1990 shall

9 be applicable to all activities carried out by the Public

10 Lands Corps, to all activities carried out under this title

11 by a qualified youth or conservation corps, and to the se12 lection and service of resource assistants.

13 ‘‘SEC. 210. FUNDING.

14 ‘‘(a) COST SHARING.—

15 ‘‘(1) PROJECTS BY QUALIFIED YOUTH OR CON16 SERVATION CORPS.—The Secretary of the Interior

17 and the Secretary of Agriculture are each authorized

18 to pay not more than 75 percent of the costs of any

19 appropriate conservation project carried out pursu20 ant to this title on public lands by a qualified youth

21 or conservation corps. The remaining 25 percent of

22 the costs of such a project may be provided from

23 nonfederal sources in the form of funds, services, fa24 cilities, materials, equipment, or any combination of

25 the foregoing. No cost sharing shall be required in
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1 the case of any appropriate conservation project car2 ried out on Indian lands or Hawaiian home lands

3 under this title.

4 ‘‘(2) PUBLIC LANDS CORPS PROJECTS.—The

5 Secretary of the Interior and the Secretary of Agri6 culture are each authorized to accept donations of

7 funds, services, facilities, materials, or equipment for

8 the purposes of operating the Public Lands Corps

9 and carrying out appropriate conservation projects

10 by the Corps. However, nothing in this title shall be

11 construed to require any cost sharing for any project

12 carried out directly by the Corps.

13 ‘‘(b) FUNDS AVAILABLE UNDER NATIONAL AND

14 COMMUNITY SERVICE ACT.—In order to carry out the

15 Public Lands Corps or to support resource assistants and

16 qualified youth or conservation corps under this title, the

17 Secretary of the Interior and the Secretary of Agriculture

18 shall be eligible to apply for and receive assistance under

19 section 121(b) of the National and Community Service Act

20 of 1990.’’.

21 SEC. 106. URBAN YOUTH CORPS.

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

23 (1) The rehabilitation, reclamation, and beau24 tification of urban public housing, recreational sites,

25 youth and senior centers, and public roads and pub-
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1 lic works facilities through the efforts of young peo2 ple in the United States in an Urban Youth Corps

3 can benefit these youths, while also benefiting their

4 communities, by—

5 (A) providing them with education and

6 work opportunities;

7 (B) furthering their understanding and ap8 preciation of the challenges faced by individuals

9 residing in urban communities; and

10 (C) providing them with a means to pay

11 for higher education or to repay indebtedness

12 they have incurred to obtain higher education.

13 (2) A significant number of housing units for

14 low-income individuals in urban areas has become

15 substandard and unsafe and the deterioration of

16 urban roadways, mass transit systems, and trans17 portation facilities in the United States have contrib18 uted to the blight encountered in many cities in the

19 United States.

20 (3) As a result, urban housing, public works,

21 and transportation resources are in need of labor in22 tensive rehabilitation, reclamation, and beautifi23 cation work that has been neglected in the past and

24 cannot be adequately carried out by Federal, State,

25 and local government at existing personnel levels.
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1 (4) Urban youth corps have established a good

2 record of rehabilitating, reclaiming, and beautifying

3 these kinds of resources in a cost efficient manner,

4 especially when they have worked in partnership

5 with government housing, public works, and trans6 portation authorities and agencies.

7 (b) PURPOSE.—It is the purpose of this section—

8 (1) to perform, in a cost-effective manner, ap9 propriate service projects to rehabilitate, reclaim,

10 beautify, and improve public housing and public

11 works and transportation facilities and resources in

12 urban areas suffering from high rates of poverty

13 where work will not be performed by existing em14 ployees;

15 (2) to assist government housing, public works,

16 and transportation authorities and agencies;

17 (3) to expose young people in the United States

18 to public service while furthering their understand19 ing and appreciation of their community;

20 (4) to expand educational opportunity for indi21 viduals who participate in the Urban Youth Corps

22 established by this section by providing them with

23 an increased ability to pursue postsecondary edu24 cation or job training; and
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1 (5) to stimulate interest among young people in

2 the United States in lifelong service to their commu3 nities and the United States.

4 (c) DEFINITIONS.—For purposes of this section:

5 (1) The term ‘‘appropriate service project’’

6 means any project for the rehabilitation, reclama7 tion, or beautification of urban public housing and

8 public works and transportation resources or facili9 ties.

10 (2) The term ‘‘Corps’’ and ‘‘Urban Youth

11 Corps’’ mean the Urban Youth Corps established

12 under subsection (d)(1).

13 (3) The term ‘‘qualified urban youth corps’’

14 means any program established by a State or local

15 government or by a nonprofit organization that—

16 (A) is capable of offering meaningful, full17 time, productive work for individuals between

18 the ages of 16 and 25, inclusive, in an urban

19 or public works or transportation setting;

20 (B) gives participants a mix of work expe21 rience, basic and life skills, education, training,

22 and support services; and

23 (C) provides participants with the oppor24 tunity to develop citizenship values and skills
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1 through service to their communities and the

2 United States.

3 (4) The term ‘‘State’’ means any State of the

4 United States, the District of Columbia, the Com5 monwealth of Puerto Rico, Guam, the Virgin Islands

6 of the United States, American Samoa, and the

7 Commonwealth of the Northern Mariana Islands.

8 (5) The term ‘‘Secretary’’ means the Secretary

9 of Housing and Urban Development or the Secretary

10 of Transportation.

11 (d) ESTABLISHMENT OF URBAN YOUTH CORPS.—

12 (1) ESTABLISHMENT.—There is hereby estab13 lished in the Department of Housing and Urban De14 velopment and the Department of Transportation an

15 Urban Youth Corps. The Corps shall consist of indi16 viduals between the ages of 16 and 25, inclusive,

17 who are enrolled as participants in the Corps by the

18 Secretary of Housing and Urban Development and

19 the Secretary of Transportation. To be eligible for

20 enrollment in the Corps, an individual shall satisfy

21 the criteria specified in section 139(b) of the Na22 tional and Community Service Act of 1990. The Sec23 retaries may enroll such individuals in the Corps

24 without regard to the civil service and classification

25 laws, rules, or regulations of the United States. The
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1 Secretaries may establish a preference for the enroll2 ment in the Corps of individuals who are economi3 cally, physically, or educationally disadvantaged.

4 (2) USE OF QUALIFIED URBAN YOUTH

5 CORPS.—The Secretaries are authorized to enter

6 into contracts and cooperative agreements with any

7 qualified urban youth corps to perform appropriate

8 service projects described in paragraph (3). As part

9 of the Urban Youth Corps established in the Depart10 ment of Transportation, the Secretary of Transpor11 tation may make grants to States (and through

12 States to local governments) for the purpose of es13 tablishing, operating, or supporting qualified urban

14 youth corps that will perform appropriate service

15 projects relating to transportation resources or fa16 cilities.

17 (3) SERVICE PROJECTS.—The Secretaries may

18 each utilize the Corps or any qualified urban youth

19 corps to carry out appropriate service projects that

20 the Secretary involved is authorized to carry out

21 under other authority of law involving public housing

22 projects or public works resources or facilities.

23 (4) PREFERENCE FOR CERTAIN PROJECTS.—In

24 selecting an appropriate service project to be carried
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1 out under this section, the Secretaries shall give a

2 preference to those projects which—

3 (A) will provide long-term benefits to the

4 public;

5 (B) will instill in the participant a work

6 ethic and a sense of public service;

7 (C) will be labor intensive;

8 (D) can be planned and initiated promptly;

9 and

10 (E) will provide academic, experiential, or

11 community education opportunities.

12 (5) CONSISTENCY.—Each appropriate service

13 project carried out under this section in any public

14 housing project or public works resource or facility

15 shall be consistent with the provisions of law and

16 policies relating to the management and administra17 tion of such projects, facilities, or resources, with all

18 other applicable provisions of law, and with all man19 agement, operational, and other plans and docu20 ments which govern the administration of such

21 projects, facilities, or resources.

22 (e) LIVING ALLOWANCES.—The Secretaries shall

23 provide each participant in the Urban Youth Corps with

24 a living allowance in an amount not to exceed the maxi25 mum living allowance authorized by section 140(a)(3) of
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1 the National and Community Service Act of 1990 for par2 ticipants in a national service program assisted under sub3 title C of title I of such Act.

4 (f) TERMS OF SERVICE.—Each participant in the

5 Urban Youth Corps shall agree to participate in the Corps

6 for a term of service established by the Secretary involved,

7 consistent with the terms of service required under section

8 139(b) of the National and Community Service Act of

9 1990 for participants in a national service program as10 sisted under subtitle C of title I of such Act.

11 (g) EDUCATIONAL AWARDS.—

12 (1) ELIGIBILITY.—Each participant in the

13 Urban Youth Corps shall be eligible for a national

14 service educational award in the manner prescribed

15 in subtitle D of title I of the National and Commu16 nity Service Act of 1990 if such participant complies

17 with such requirements as may be established under

18 this subtitle by the Secretary involved respecting eli19 gibility for the award. The period during which the

20 award may be used, the purposes for which the

21 award may be used, and the amount of the award

22 shall be determined as provided under such subtitle.

23 (2) FORBEARANCE IN THE COLLECTION OF

24 STAFFORD LOANS.—For purposes of section 428 of

25 the Higher Education Act of 1965, in the case of
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1 borrowers who are participants in the Urban Youth

2 Corps, upon written request, a lender shall grant a

3 borrower forbearance on such terms as are otherwise

4 consistent with the regulations of the Secretary of

5 Education, during periods in which the borrower is

6 serving as such a participant and eligible for a na7 tional service educational award under paragraph

8 (1).

9 (h) NONDISPLACEMENT.—The nondisplacement re10 quirements of section 177 of the National and Community

11 Service Act of 1990 shall be applicable to all activities car12 ried out by the Urban Youth Corps and to all activities

13 carried out under this section by a qualified urban youth

14 corps.

15 (i) COST SHARING.—

16 (1) PROJECTS BY QUALIFIED URBAN YOUTH

17 CORPS.—The Secretaries are each authorized to pay

18 not more than 75 percent of the costs of any appro19 priate service project carried out pursuant to this

20 section by a qualified urban youth corps. The re21 maining 25 percent of the costs of such a project

22 may be provided from nonfederal sources in the form

23 of funds, services, facilities, materials, equipment, or

24 any combination of the foregoing.
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1 (2) DONATIONS.—The Secretaries are each au2 thorized to accept donations of funds, services, facili3 ties, materials, or equipment for the purposes of op4 erating the Urban Youth Corps and carrying out ap5 propriate service projects by the Corps. However,

6 nothing in this section shall be construed to require

7 any cost sharing for any project carried out directly

8 by the Corps.

9 (3) FUNDS AVAILABLE UNDER NATIONAL AND

10 COMMUNITY SERVICE ACT.—In order to carry out

11 the Urban Youth Corps or to support qualified

12 urban youth corps under this section, the Secretaries

13 shall be eligible to apply for and receive assistance

14 under section 121(b) of the National and Commu15 nity Service Act of 1990.

16 Subtitle B—Related Provisions

17 SEC. 111. DEFINITIONS.

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

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

20 amended to read as follows:

21 ‘‘SEC. 101. DEFINITIONS.

22 ‘‘For purposes of this title:

23 ‘‘(1) ADULT VOLUNTEER.—The term ‘adult vol24 unteer’ means an individual, such as an older adult,

25 an individual with a disability, a parent, or an em-
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1 ployee of a business or public or private nonprofit

2 agency, who—

3 ‘‘(A) works without financial remuneration

4 in an educational institution to assist students

5 or out-of-school youth; and

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

7 school attendance in the State in which the edu8 cational institution is located.

9 ‘‘(2) APPROVED NATIONAL SERVICE POSI10 TION.—The term ‘approved national service position’

11 means a national service position designated by the

12 Corporation as a position that includes a national

13 service educational award described in section 147

14 as one of the benefits to be provided for successful

15 service in the position.

16 ‘‘(3) CARRY OUT.—The term ‘carry out’, when

17 used in connection with a national service program

18 described in section 122, means the planning, estab19 lishment, operation, expansion, or replication of the

20 program.

21 ‘‘(4) CHAIRPERSON.—The term ‘Chairperson’

22 means the Chairperson and Director of the Corpora23 tion appointed under section 193.

24 ‘‘(5) COMMUNITY-BASED AGENCY.—The term

25 ‘community-based agency’ means a private nonprofit
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1 organization (including a church or other religious

2 entity) that—

3 ‘‘(A) is representative of a community or a

4 significant segment of a community; and

5 ‘‘(B) is engaged in meeting human, edu6 cational, environmental, or public safety com7 munity needs.

8 ‘‘(6) CORPORATION.—The term ‘Corporation’

9 means the Corporation for National Service estab10 lished under section 191.

11 ‘‘(7) ECONOMICALLY DISADVANTAGED.—The

12 term ‘economically disadvantaged’ means, with re13 spect to an individual, an individual who is deter14 mined by the Chairperson to be low-income accord15 ing to the latest available data from the Department

16 of Commerce.

17 ‘‘(8) ELEMENTARY SCHOOL.—The term ‘ele18 mentary school’ has the same meaning given such

19 term in section 1471(8) of the Elementary and Sec20 ondary Education Act of 1965 (20 U.S.C. 2891(8)).

21 ‘‘(9) INDIAN.—The term ‘Indian’ means a per22 son who is a member of an Indian tribe.

23 ‘‘(10) INDIAN LANDS.—The term ‘Indian lands’

24 means—

25 ‘‘(A) any Indian reservation;
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1 ‘‘(B) any public domain Indian allotments;

2 ‘‘(C) any former Indian reservation in the

3 State of Oklahoma;

4 ‘‘(D) any land held by incorporated Native

5 groups, regional corporations, and village cor6 porations under the Alaska Native Claims Set7 tlement Act (43 U.S.C. 1701 et seq.); and

8 ‘‘(E) any land held by dependent Indian

9 communities within the borders of the United

10 States whether within the original or subse11 quently acquired territory thereof, and whether

12 within or without the limits of a State.

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

14 means an Indian tribe, band, nation, or other orga15 nized group or community, including any Native vil16 lage, Regional Corporation, or Village Corporation,

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

18 of section 3 of the Alaska Native Claims Settlement

19 Act (43 U.S.C. 1602 (c), (g), or (j)), that is recog20 nized as eligible for the special programs and serv21 ices provided by the United States under Federal

22 law to Indians because of their status as Indians.

23 ‘‘(12) INSTITUTION OF HIGHER EDUCATION.—

24 The term ‘institution of higher education’ has the

25 same meaning given such term in section 1201(a) of
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1 the Higher Education Act of 1965 (20 U.S.C.

2 1141(a)).

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

4 term ‘local educational agency’ has the same mean5 ing given such term in section 1471(12) of the Ele6 mentary and Secondary Education Act of 1965 (20

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

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

9 ‘national service laws’ means this Act and the Do10 mestic Volunteer Service Act of 1973 (42 U.S.C.

11 4950 et seq.).

12 ‘‘(15) OUT-OF-SCHOOL YOUTH.—The term ‘out13 of-school youth’ means an individual who—

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

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

16 equivalent thereof; and

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

18 secondary school or institution of higher edu19 cation.

20 ‘‘(16) PARTICIPANT.—

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

22 means—

23 ‘‘(i) for purposes of subtitle C, an in24 dividual in an approved national service

25 position; and
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1 ‘‘(ii) for purposes of any other provi2 sion of this Act, an individual enrolled in

3 a program that receives assistance under

4 this title.

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

6 considered to be an employee of the program in

7 which the participant is enrolled.

8 ‘‘(17) PARTNERSHIP PROGRAM.—The term

9 ‘partnership program’ means a program through

10 which an adult volunteer, a public or private non11 profit agency, an institution of higher education, or

12 a business assists a local educational agency.

13 ‘‘(18) PROGRAM.—The term ‘program’, except

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

15 means a program described in section 111(a) (other

16 than a program referred to in paragraph (3)(B) of

17 such section), 117A(a), 119(b)(1), or 122(a), in

18 paragraph (1) or (2) of section 152(b), or in section

19 198.

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

21 activity, carried out through a program that receives

22 assistance under this title, that results in a specific

23 identifiable service or improvement that otherwise

24 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 ‘‘(20) SCHOOL-AGE YOUTH.—The term ‘school4 age youth’ means an individual who is—

5 ‘‘(A) between the ages of 5 and 17, inclu6 sive; or

7 ‘‘(B) a child with a disability covered by

8 the Individuals with Disabilities Education Act

9 (20 U.S.C. 1400 et seq.).

10 ‘‘(21) SECONDARY SCHOOL.—The term ‘second11 ary school’ has the same meaning given such term

12 in section 1471(21) of the Elementary and Second13 ary Education Act of 1965 (20 U.S.C. 2891(21)).

14 ‘‘(22) SERVICE-LEARNING.—The term ‘service15 learning’ means a method—

16 ‘‘(A) under which students or participants

17 learn and develop through active participation

18 in thoughtfully organized service that—

19 ‘‘(i) is conducted in and meets the

20 needs of a community;

21 ‘‘(ii) is coordinated with an elemen22 tary school, secondary school, institution of

23 higher education, or community service

24 program, 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,

6 or the educational components of the com7 munity service program in which the par8 ticipants are enrolled; and

9 ‘‘(ii) provides structured time for the

10 students or participants to reflect on the

11 service experience.

12 ‘‘(23) SERVICE-LEARNING COORDINATOR.—The

13 term ‘service-learning coordinator’ means an individ14 ual who provides services as described in subsection

15 (a)(3) or (b) of section 111.

16 ‘‘(24) SERVICE SPONSOR.—The term ‘service

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

18 has been selected to provide a placement for a par19 ticipant.

20 ‘‘(25) STATE.—The term ‘State’ means each of

21 the several States, the District of Columbia, the

22 Commonwealth of Puerto Rico, the Virgin Islands of

23 the United States, Guam, American Samoa, and the

24 Commonwealth of the Northern Mariana Islands.
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1 The term also includes Palau, until such time as the

2 Compact of Free Association is ratified.

3 ‘‘(26) STATE COMMISSION.—The term ‘State

4 Commission’ means a State Commission on National

5 Service maintained by a State pursuant to section

6 178. Except when used in section 178, the term in7 cludes an alternative administrative entity for a

8 State approved by the Corporation under such sec9 tion to act in lieu of a State Commission.

10 ‘‘(27) STATE EDUCATIONAL AGENCY.—The

11 term ‘State educational agency’ has the same mean12 ing given such term in section 1471(23) of the Ele13 mentary and Secondary Education Act of 1965 (20

14 U.S.C. 2891(23)).

15 ‘‘(28) STUDENT.—The term ‘student’ means an

16 individual who is enrolled in an elementary or sec17 ondary school or institution of higher education on

18 a 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, in10 stitutions and activities designated in section 124(a)

11 of the National and Community Service Act of

12 1990’’ and inserting ‘‘a project, as defined in section

13 101(19) 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,

20 as described in section 122(a)(1) of the National

21 and Community Service Act of 1990’’.

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

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

24 striking ‘‘section 101(22) of the National and Com25 munity Service Act of 1990’’ and inserting ‘‘section
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1 101(22) of the National and Community Service Act

2 of 1990 (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

13 Medical 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

22 subchapter 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 an employee of

11 the service sponsor.

12 ‘‘(c) TREATMENT OF ABSENCE.—The period of any

13 absence of a participant from a service position pursuant

14 to title I of the Family and Medical Leave Act of 1993

15 or subchapter V of chapter 63 of title 5, United States

16 Code, shall not be counted toward the completion of the

17 term of service of the participant under section 139 of this

18 Act.’’.

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 item

22 relating to section 171 of such Act and inserting the fol23 lowing:

‘‘Sec. 171. Family and medical leave.’’.
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1 SEC. 114. REPORTS.

2 Section 172 of the National and Community Service

3 Act of 1990 (42 U.S.C. 12632) is amended—

4 (1) in subsection (a)(3)(A), by striking ‘‘sec5 tions 177 and 113(9)’’ and inserting ‘‘section 177’’;

6 and

7 (2) in subsection (b)(1), by striking ‘‘this title’’

8 and inserting ‘‘the national service laws’’.

9 SEC. 115. NONDISCRIMINATION.

10 Section 175 of the National and Community Service

11 Act of 1990 (42 U.S.C. 12635) is amended to read as

12 follows:

13 ‘‘SEC. 175. NONDISCRIMINATION.

14 ‘‘(a) IN GENERAL.—

15 ‘‘(1) BASIS.—An individual with responsibility

16 for the operation of a project that receives assistance

17 under this title shall not discriminate against a par18 ticipant in, or member of the staff of, such project

19 on the basis of race, color, national origin, sex, age,

20 or political affiliation of such participant or member,

21 or on the basis of disability, if the participant or

22 member is a qualified individual with a disability.

23 ‘‘(2) DEFINITION.—As used in paragraph (1),

24 the term ‘qualified individual with a disability’ has

25 the meaning given the term in section 101(8) of the
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1 Americans with Disabilities Act of 1990 (42 U.S.C.

2 12111(8)).

3 ‘‘(b) FEDERAL FINANCIAL ASSISTANCE.—Any assist4 ance provided under this title shall constitute Federal fi5 nancial assistance for purposes of title VI of the Civil

6 Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX

7 of the Education Amendments of 1972 (20 U.S.C. 1681

8 et seq.), section 504 of the Rehabilitation Act of 1973 (29

9 U.S.C. 794), and the Age Discrimination Act of 1975 (42

10 U.S.C. 6101 et seq.), and shall constitute assistance to

11 an education program or activity for purposes of title IX

12 of the Education Amendments of 1972 (20 U.S.C. 1681

13 et seq.).

14 ‘‘(c) RELIGIOUS DISCRIMINATION.—

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2), an individual with responsibility for the

17 operation of a project that receives assistance under

18 this title shall not discriminate on the basis of reli19 gion against a participant in such project or a mem20 ber of the staff of such project who is paid with

21 funds received under this title.

22 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

23 apply to the employment, with assistance provided

24 under this title, of any member of the staff, of a

25 project that receives assistance under this title, who
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1 was employed with the organization operating the

2 project on the date the grant under this title was

3 awarded.

4 ‘‘(d) RULES AND REGULATIONS.—The Chairperson

5 shall promulgate rules and regulations to provide for the

6 enforcement of this section that shall include provisions

7 for summary suspension of assistance for not more than

8 30 days, on an emergency basis, until notice and an oppor9 tunity to be heard can be provided.’’.

10 SEC. 116. NOTICE, HEARING, AND GRIEVANCE PROCE11 DURES.

12 (a) DECERTIFICATION OF POSITIONS.—Section

13 176(a) of the National and Community Service Act of

14 1990 (42 U.S.C. 12636(a)) is amended—

15 (1) in paragraph (1), by inserting ‘‘, or revoke

16 the designation of positions, related to the grant or

17 contract, as approved national service positions,’’ be18 fore ‘‘whenever the Commission’’; and

19 (2) in paragraph (2)(B), by inserting ‘‘or re20 voked’’ after ‘‘terminated’’.

21 (b) CONSTRUCTION.—Section 176(e) of such Act (42

22 U.S.C. 12636(e)) is amended by adding before the period

23 the following ‘‘, other than assistance provided pursuant

24 to this Act’’.
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1 (c) GRIEVANCE PROCEDURE.—Section 176(f) of such

2 Act is amended to read as follows:

3 ‘‘(f) GRIEVANCE PROCEDURE.—

4 ‘‘(1) IN GENERAL.—A State or local applicant

5 that receives assistance under this title shall estab6 lish and maintain a procedure for the filing and ad7 judication of grievances from participants, labor or8 ganizations, and other interested individuals con9 cerning projects that receive assistance under this

10 title, including grievances regarding proposed place11 ments of such participants in such projects.

12 ‘‘(2) DEADLINE FOR GRIEVANCES.—Except for

13 a grievance that alleges fraud or criminal activity, a

14 grievance shall be made not later than 1 year after

15 the date of the alleged occurrence of the event that

16 is the subject of the grievance.

17 ‘‘(3) DEADLINE FOR HEARING AND DECI18 SION.—

19 ‘‘(A) HEARING.—A hearing on any griev20 ance conducted under this subsection shall be

21 conducted not later than 30 days after the fil22 ing of such grievance.

23 ‘‘(B) DECISION.—A decision on any such

24 grievance shall be made not later than 60 days

25 after the filing of such grievance.
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1 ‘‘(4) ARBITRATION.—

2 ‘‘(A) IN GENERAL.—

3 ‘‘(i) JOINTLY SELECTED ARBITRA4 TOR.—In the event of a decision on a

5 grievance that is adverse to the party who

6 filed such grievance, or 60 days after the

7 filing of such grievance if no decision has

8 been reached, such party shall be per9 mitted to submit such grievance to binding

10 arbitration before a qualified arbitrator

11 who is jointly selected and independent of

12 the interested parties.

13 ‘‘(ii) APPOINTED ARBITRATOR.—If

14 the parties cannot agree on an arbitrator,

15 the Chairperson shall appoint an arbitrator

16 from a list of qualified arbitrators within

17 15 days after receiving a request for such

18 appointment from one of the parties to the

19 grievance.

20 ‘‘(B) DEADLINE FOR PROCEEDING.—An

21 arbitration proceeding shall be held not later

22 than 45 days after the request for such arbitra23 tion proceeding, or, if the arbitrator is ap24 pointed by the Chairperson in accordance with
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1 subparagraph (A)(ii), not later than 30 days

2 after the appointment of such arbitrator.

3 ‘‘(C) DEADLINE FOR DECISION.—A deci4 sion concerning a grievance shall be made not

5 later than 30 days after the date such arbitra6 tion proceeding begins.

7 ‘‘(D) COST.—

8 ‘‘(i) IN GENERAL.—Except as pro9 vided in clause (ii), the cost of an arbitra10 tion proceeding shall be divided evenly be11 tween the parties to the arbitration.

12 ‘‘(ii) EXCEPTION.—If a participant,

13 labor organization, or other interested indi14 vidual described in paragraph (1) prevails

15 under a binding arbitration proceeding, the

16 State, local agency, public or private non17 profit organization, or partnership of such

18 agencies and organizations, that is a party

19 to such grievance shall pay the total cost

20 of such proceeding and the attorneys’ fees

21 of such participant, labor organization, or

22 individual, as the case may be.

23 ‘‘(5) PROPOSED PLACEMENT.—If a grievance is

24 filed regarding a proposed placement of a partici25 pant in a project that receives assistance under this
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1 title, such placement shall not be made unless the

2 placement is consistent with the resolution of the

3 grievance pursuant to this subsection.

4 ‘‘(6) REMEDIES.—Remedies for a grievance

5 filed under this subsection include—

6 ‘‘(A) suspension of payments for assistance

7 under this title;

8 ‘‘(B) termination of such payments;

9 ‘‘(C) prohibition of the placement described

10 in paragraph (5); and

11 ‘‘(D) in a case in which the grievance in12 volves a violation of subsection (a) or (b) of sec13 tion 177 and the employer of the displaced em14 ployee is the recipient of assistance under this

15 title—

16 ‘‘(i) reinstatement of the displaced

17 employee to the position held by such em18 ployee prior to displacement;

19 ‘‘(ii) payment of lost wages and bene20 fits of the displaced employee;

21 ‘‘(iii) reestablishment of other relevant

22 terms, conditions, and privileges of employ23 ment of the displaced employee; and

24 ‘‘(iv) such equitable relief as is nec25 essary to correct any violation of sub-
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1 section (a) or (b) of section 177 or to

2 make the displaced employee whole.

3 ‘‘(7) ENFORCEMENT.—Suits to enforce arbitra4 tion awards under this section may be brought in

5 any district court of the United States having juris6 diction of the parties, without regard to the amount

7 in controversy and without regard to the citizenship

8 of the parties.’’.

9 SEC. 117. NONDISPLACEMENT.

10 Section 177(b)(3) of the National and Community

11 Service Act of 1990 (42 U.S.C. 12637(b)(3)) is amend12 ed—

13 (1) in subparagraph (B), to read as follows:

14 ‘‘(B) SUPPLANTATION OF HIRING.—A par15 ticipant in any program receiving assistance

16 under this title shall not perform any services

17 or duties, or engage in activities, that—

18 ‘‘(i) will supplant the hiring of em19 ployed workers; or

20 ‘‘(ii) are services, duties, or activities

21 with respect to which an individual has re22 call rights pursuant to a collective bargain23 ing agreement or applicable personnel pro24 cedures.’’; and

25 (2) in subparagraph (C)(iii), to read as follows:
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1 ‘‘(iii) employee who—

2 ‘‘(I) is subject to a reduction in

3 force; or

4 ‘‘(II) has recall rights pursuant

5 to a collective bargaining agreement

6 or applicable personnel procedures;’’.

7 SEC. 118. EVALUATION.

8 Section 179 of the National and Community Service

9 Act of 1990 (42 U.S.C 12639) is amended—

10 (1) in subsection (a)—

11 (A) in the matter preceding paragraph (1),

12 by striking ‘‘this title’’ and inserting ‘‘the na13 tional service laws’’; and

14 (B) in paragraph (2)—

15 (i) in the matter preceding

16 subpargraph (A), by striking ‘‘for purposes

17 of the reports required by subsection (j),’’

18 and inserting ‘‘with respect to the pro19 grams authorized under subtitle C’’; and

20 (ii) in subparagraph (A), by striking

21 ‘‘older American volunteer programs’’ and

22 inserting ‘‘National Senior Volunteer

23 Corps programs’’;

24 (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’’; and

8 (3) by striking subsections (i) and (j).

9 SEC. 119. ENGAGEMENT OF PARTICIPANTS.

10 Section 180 of the National and Community Service

11 Act of 1990 (42 U.S.C. 12640) is amended by striking

12 ‘‘post-service benefits’’ and inserting ‘‘national service

13 educational awards’’.

14 SEC. 120. CONTINGENT EXTENSION.

15 (a) IN GENERAL.—Section 181 of the National and

16 Community Service Act of 1990 (42 U.S.C. 12641) is

17 amended to read as follows:

18 ‘‘SEC. 181. CONTINGENT EXTENSION.

19 ‘‘Section 414 of the General Education Provisions

20 Act (20 U.S.C. 1226a) shall apply to this Act.’’.

21 (b) TABLE OF CONTENTS.—Section 1(b) of the Na22 tional and Community Service Act of 1990 (Public Law

23 101–610; 104 Stat. 3127) is amended by striking the item

24 relating to sections 181 of such Act and inserting the fol25 lowing:

‘‘Sec. 181. Contingent extension.’’.
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1 SEC. 121. REPEALS.

2 (a) IN GENERAL.—Subtitle F of title I of the Na3 tional and Community Service Act of 1990 (42 U.S.C.

4 12631 et seq.) is amended—

5 (1) by repealing sections 183, 185, and 186;

6 and

7 (2) by redesignating section 184 as section 183.

8 (b) TABLE OF CONTENTS.—Section 1(b) of the Na9 tional and Community Service Act of 1990 (Public Law

10 101–610; 104 Stat. 3127) is amended by striking the

11 items relating to sections 183, 184, and 185 of such Act

12 and inserting the following:

‘‘Sec. 183. Drug-free workplace requirements.’’.

13 TITLE II—ORGANIZATION

14 SEC. 201. STATE COMMISSIONS ON NATIONAL SERVICE.

15 (a) COMPOSITION AND DUTIES OF STATE COMMIS16 SIONS.—Subtitle F of title I of the National and Commu17 nity Service Act of 1990 is amended by striking section

18 178 (42 U.S.C. 12638) and inserting the following new

19 section:

20 ‘‘SEC. 178. STATE COMMISSIONS ON NATIONAL SERVICE.

21 ‘‘(a) EXISTENCE REQUIRED.—

22 ‘‘(1) STATE COMMISSION.—Except as provided

23 in paragraph (2), to be eligible to receive a grant or

24 allotment under subtitle B or C or to receive a dis25 tribution of approved national service positions
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1 under subtitle C, a State shall maintain a State

2 Commission on National Service that satisfies the

3 requirements of this section.

4 ‘‘(2) ALTERNATIVE ADMINISTRATIVE ENTITY.—

5 The chief executive officer of a State may apply to

6 the Corporation for approval to use an alternative

7 administrative entity to carry out the duties other8 wise entrusted to a State Commission under this

9 Act. The chief executive officer shall ensure that any

10 alternative administrative entity used in lieu of a

11 State Commission still provides for the individuals

12 described in paragraphs (1) and (2) of subsection (c)

13 to play a significant policy-making role in carrying

14 out the duties otherwise entrusted to a State Com15 mission, including the submission of applications on

16 behalf of the State under sections 117B and 130.

17 ‘‘(b) APPOINTMENT AND SIZE.—Except as provided

18 in subsection (c)(3), the members of a State Commission

19 for a State shall be appointed by the chief executive officer

20 of the State. A State Commission shall consist of not less

21 than 15 voting members.

22 ‘‘(c) COMPOSITION AND MEMBERSHIP.—

23 ‘‘(1) REQUIRED MEMBERS.—The State Com24 mission for a State shall include as voting members

25 at least one of each of the following individuals:
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1 ‘‘(A) An individual with expertise in the

2 educational, training, and development needs of

3 youth, particularly disadvantaged youth.

4 ‘‘(B) An individual with experience in pro5 moting the involvement of older Americans in

6 service and voluntarism.

7 ‘‘(C) A representative of community action

8 agencies and community-based organizations

9 within the State, particularly those agencies

10 and organizations that—

11 ‘‘(i) are located in areas of the State

12 with high rates of poverty;

13 ‘‘(ii) provide a comprehensive range of

14 services to economically disadvantaged in15 dividuals and families;

16 ‘‘(iii) have a demonstrated record of

17 effectiveness; and

18 ‘‘(iv) are governed by a board com19 posed in significant part of economically

20 disadvantaged individuals.

21 ‘‘(D) A youth who is or has been a partici22 pant in a service program.

23 ‘‘(E) An individual with expertise in the

24 delivery of human, educational, environmental,
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1 or public safety services to communities and

2 persons.

3 ‘‘(F) The head of the State educational

4 agency.

5 ‘‘(G) A representative of local governments

6 in the State.

7 ‘‘(H) A representative of local labor orga8 nizations in the State.

9 ‘‘(I) Representatives of business.

10 ‘‘(2) ADDITIONAL MEMBERS.—The State Com11 mission for a State may also include as voting mem12 bers the following individuals:

13 ‘‘(A) Representatives of entities which re14 ceive assistance under the Domestic Volunteer

15 Service Act of 1973 (42 U.S.C. 4950 et seq.).

16 ‘‘(B) Educators.

17 ‘‘(C) Individuals who are recognized for

18 their outstanding contributions as volunteers in

19 service to their community, State, and Nation.

20 ‘‘(3) CORPORATION REPRESENTATIVE.—The

21 representative of the Corporation designated under

22 section 195(b) for a State shall be a voting member

23 of the State Commission for that State.

24 ‘‘(4) EX OFFICIO STATE REPRESENTATIVES.—

25 The chief executive officer of a State may appoint as
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1 nonvoting ex officio members of the State Commis2 sion for the State representatives selected from

3 among officers and employees of State agencies op4 erating community service, youth service, education,

5 social service, senior service, and job training pro6 grams.

7 ‘‘(5) LIMITATION ON NUMBER OF STATE EM8 PLOYEES AS MEMBERS.—The number of voting

9 members of a State Commission selected under

10 paragraph (1) or (2) who are officers or employees

11 of the State may not exceed 25 percent (reduced to

12 the nearest whole number) of the total membership

13 of the State Commission.

14 ‘‘(d) MISCELLANEOUS MATTERS.—

15 ‘‘(1) MEMBERSHIP BALANCE.—The chief execu16 tive officer of a State shall ensure that the member17 ship of the State Commission for the State is bal18 anced according to race, ethnic background, age,

19 and gender. Not more than 50 percent of the voting

20 members of a State Commission, plus 1 additional

21 member, may be from the same political party.

22 ‘‘(2) TERMS.—Each member of the State Com23 mission for a State shall serve for a term of 3 years,

24 except that the chief executive officer of a State
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1 shall initially appoint a portion of the members to

2 terms of 1 year and 2 years.

3 ‘‘(3) VACANCIES.—As vacancies occur on a

4 State Commission, new members shall be appointed

5 by the chief executive of the State and serve for the

6 remainder of the term for which the predecessor of

7 such member was appointed. The vacancy shall not

8 affect the power of the remaining members to exe9 cute the duties of the State Commission.

10 ‘‘(4) COMPENSATION.—A member of a State

11 Commission shall not receive any additional com12 pensation by reason of service on the State Commis13 sion, except that the State may authorize the reim14 bursement of travel expenses, including a per diem

15 in lieu of subsistence, in the same manner as other

16 employees serving intermittently in the service of the

17 State.

18 ‘‘(5) CHAIRPERSON.—The voting members of a

19 State Commission shall elect one of the voting mem20 bers to serve as chairperson of the State Commis21 sion.

22 ‘‘(6) LIMITATION ON MEMBER PARTICIPA23 TION.—

24 ‘‘(A) GENERAL LIMITATION.—Except as

25 provided in subparagraph (B), a voting member
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1 of the State Commission (or of an alternative

2 administrative entity) shall not participate in

3 the administration of the grant program (in4 cluding any discussion or decision regarding the

5 provision of assistance or approved national

6 service positions, or the continuation, suspen7 sion, or termination of such assistance or such

8 positions, to any program or entity) described

9 in subsection (e)(9) in any period during which

10 there is pending before the Commission (or

11 such entity) a grant applicant submitted by a

12 program or entity of which such member is, or

13 in the 1-year period before the submission of

14 such application was, an officer, director, trust15 ee, full-time volunteer, or employee.

16 ‘‘(B) EXCEPTION.—If, as a result of the

17 operation of subparagraph (A), the number of

18 voting members of the Commission (or of such

19 entity) is insufficient to establish a quorum for

20 the purpose of administering such program,

21 then voting members excluded from participa22 tion by subparagraph (A) may participate in

23 the administration of such program, notwith24 standing the limitation in subparagraph (A), to
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1 the extent permitted by regulations issued

2 under section 192A(h)(10) by the Corporation.

3 ‘‘(C) RULE OF CONSTRUCTION.—Subpara4 graph (A) shall not be construed to limit the

5 authority of any voting member of the Commis6 sion (or of such entity) to participate in—

7 ‘‘(i) discussion of, and hearing and fo8 rums on—

9 ‘‘(I) the general duties, policies,

10 and operations of the Commission (or

11 of such entity); or

12 ‘‘(II) the general administration

13 of such program; or

14 ‘‘(ii) similar general matters relating

15 to the Commission (or such entity).

16 ‘‘(e) DUTIES OF A STATE COMMISSION.—The State

17 Commission for a State shall be responsible for the follow18 ing duties:

19 ‘‘(1) Preparation of a national service plan for

20 the State that—

21 ‘‘(A) is developed through an open and

22 public process (such as through regional fo23 rums, hearings, and other means) that provides

24 for maximum participation and input from ex25 isting national service programs within the
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1 State and other interested members of the pub2 lic;

3 ‘‘(B) covers a 3-year period;

4 ‘‘(C) is updated annually; and

5 ‘‘(D) contains such information as the

6 State Commission considers to be appropriate

7 or as the Corporation may require.

8 ‘‘(2) Preparation of the applications of the

9 State under sections 117B and 130 for financial as10 sistance.

11 ‘‘(3) Assistance in the preparation of the appli12 cation of the State educational agency for assistance

13 under section 113.

14 ‘‘(4) Preparation of the application of the State

15 under section 130 for the approval of service posi16 tions that include the national service educational

17 award described in subtitle D.

18 ‘‘(5) Make recommendations to the Corporation

19 with respect to priorities for programs receiving as20 sistance under the Domestic Volunteer Service Act

21 of 1973.

22 ‘‘(6) Make technical assistance available to en23 able applicants under section 121—

24 ‘‘(A) to plan and implement service pro25 grams; and
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1 ‘‘(B) to apply for assistance under the na2 tional service laws using, if appropriate, infor3 mation and materials available through a clear4 inghouse established under section 198A.

5 ‘‘(7) Assistance in the provision of health care

6 and child care benefits under section 140 to partici7 pants in national service programs that receive as8 sistance under section 121.

9 ‘‘(8) Development of a State system for the re10 cruitment and placement of participants in national

11 service programs that receive assistance under the

12 national service laws and dissemination of informa13 tion concerning national service programs that re14 ceive assistance and approved national service posi15 tions.

16 ‘‘(9) Administration of the grant program in

17 support of national service programs that is con18 ducted by the State using assistance provided to the

19 State under section 121, including selection, over20 sight, and evaluation of grant recipients.

21 ‘‘(10) Development of projects, training meth22 ods, curriculum materials, and other materials and

23 activities related to national service programs that

24 receive assistance from the State using assistance

25 provided under section 121.
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1 ‘‘(f) ACTIVITY INELIGIBLE FOR ASSISTANCE.—A

2 State Commission may not directly carry out any national

3 service program that receives assistance under section

4 121.

5 ‘‘(g) DELEGATION.—Subject to such requirements as

6 the Corporation may prescribe, a State Commission may

7 delegate nonpolicymaking duties to a State agency or pub8 lic or private nonprofit organization.

9 ‘‘(h) APPROVAL OF STATE COMMISSION OR ALTER10 NATIVE.—

11 ‘‘(1) SUBMISSION TO CORPORATION.—The chief

12 executive officer for a State shall notify the Corpora13 tion of the establishment or designation of the State

14 Commission for the State. The notification shall in15 clude a description of—

16 ‘‘(A) the composition and membership of

17 the State Commission; and

18 ‘‘(B) the authority of the State Commis19 sion regarding national service activities carried

20 out by the State.

21 ‘‘(2) APPROVAL OF ALTERNATIVE ADMINISTRA22 TIVE ENTITY.—Any use of an alternative adminis23 trative entity to carry out the duties of a State Com24 mission shall be subject to the approval of the Cor25 poration.
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1 ‘‘(3) REJECTION.—The Corporation may reject

2 a State Commission if the Corporation determines

3 that the composition, membership, or duties of the

4 State Commission do not comply with the require5 ments of this section. The Corporation shall reject a

6 request to use an alternative administrative entity in

7 lieu of a State Commission if the Corporation deter8 mines that use of the alternative administrative en9 tity does not allow the individuals described in para10 graphs (1) and (2) of subsection (c) to play a sig11 nificant policy-making role in carrying out the duties

12 otherwise entrusted to a State Commission. If the

13 Corporation rejects a State Commission or alter14 native administrative entity under this paragraph,

15 the Corporation shall promptly notify the State of

16 the reasons for the rejection.

17 ‘‘(4) RESUBMISSION AND RECONSIDERATION.—

18 The Corporation shall provide a State notified under

19 paragraph (3) with a reasonable opportunity to re20 vise the rejected State Commission or alternative ad21 ministrative entity. At the request of the State, the

22 Corporation shall provide technical assistance to the

23 State as part of the revision process. The Corpora24 tion shall promptly reconsider any resubmission of a

25 notification under paragraph (1) or application to
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1 use an alternative administrative entity under para2 graph (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 en8 tity.’’.

9 (b) TABLE OF CONTENTS.—Section 1(b) of the Na10 tional and Community Service Act of 1990 (Public Law

11 101–610; 104 Stat. 3127) is amended by striking the item

12 relating to section 178 and inserting the following new

13 item:

‘‘Sec. 178. State Commissions on National Service.’’.

14 (c) EFFECTIVE DATE.—The amendments made by

15 this section shall take effect on the date of the enactment

16 of this Act.

17 (d) TRANSITIONAL PROVISIONS.—

18 (1) USE OF ALTERNATIVES TO STATE COMMIS19 SION.—If a State does not have a State Commission

20 on National Service that satisfies the requirements

21 specified in section 178 of the National and Commu22 nity Services Act of 1990, as amended by subsection

23 (a), the Corporation for National Service may au24 thorize the chief executive of the State to use an ex25 isting agency of the State to perform the duties oth-
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1 erwise reserved to a State Commission under sub2 section (e) of such section.

3 (2) APPLICATION OF SUBSECTION.—This sub4 section shall apply only during the 18-month period

5 beginning on the date of the enactment of this Act.

6 SEC. 202. INTERIM AUTHORITIES OF THE CORPORATION

7 FOR NATIONAL SERVICE AND ACTION AGEN8 CY.

9 (a) NATIONAL AND COMMUNITY SERVICE ACT OF

10 1990.—Subtitle G of title I of the National and Commu11 nity Service Act of 1990 (42 U.S.C. 12651) is amended

12 to read as follows:

13 ‘‘Subtitle G—Corporation for

14 National Service

15 ‘‘SEC. 191. CORPORATION FOR NATIONAL SERVICE.

16 ‘‘There is established a Corporation for National

17 Service that shall administer the programs established

18 under this Act. The Corporation shall be a Government

19 corporation, as defined in section 103 of title 5, United

20 States Code.

21 ‘‘SEC. 192. BOARD OF DIRECTORS.

22 ‘‘(a) COMPOSITION.—

23 ‘‘(1) IN GENERAL.—There shall be in the Cor24 poration a Board of Directors (referred to in this

25 subtitle as the ‘Board’) that shall be composed of—
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1 ‘‘(A) not less than 15 members, including

2 the Chairperson appointed under section 193,

3 to be appointed by the President, by and with

4 the advice and consent of the Senate; and

5 ‘‘(B) the ex officio members described in

6 paragraph (4).

7 ‘‘(2) QUALIFICATIONS.—To the maximum ex8 tent practicable, the President shall appoint mem9 bers—

10 ‘‘(A) who have extensive experience in vol11 unteer and service programs, including pro12 grams funded under one of the national service

13 laws, and in State government;

14 ‘‘(B) who represent a broad range of view15 points;

16 ‘‘(C) who are experts in the delivery of

17 human, educational, environmental, or public

18 safety services;

19 ‘‘(D) so that the Board shall be diverse ac20 cording to race, ethnicity, age, and gender; and

21 ‘‘(E) so that no more than 50 percent of

22 the appointed members of the Board, plus 1 ad23 ditional appointed member, are from a single

24 political party.
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1 ‘‘(3) EX OFFICIO MEMBERS.—The Secretary of

2 Education, the Secretary of Health and Human

3 Services, the Secretary of Labor, the Secretary of

4 the Interior, the Secretary of Agriculture, the Sec5 retary of Housing and Urban Development, the Sec6 retary of Defense, the Attorney General, the Direc7 tor of the Peace Corps, and the Administrator of the

8 Environmental Protection Agency shall serve as ex

9 officio nonvoting members of the Board.

10 ‘‘(b) TERMS.—Each appointed member of the Board

11 shall serve for a term of 5 years, except that, as designated

12 by the President—

13 ‘‘(1) 3 of the members first appointed to the

14 Board shall serve for a term of 1 year;

15 ‘‘(2) 3 of the members first appointed to the

16 Board shall serve for a term of 2 years;

17 ‘‘(3) 3 of the members first appointed to the

18 Board shall serve for a term of 3 years;

19 ‘‘(4) 3 of the members first appointed to the

20 Board shall serve for a term of 4 years; and

21 ‘‘(5) the remainder of the members first ap22 pointed to the Board shall serve for a term of 5

23 years.

24 ‘‘(c) VACANCIES.—As vacancies occur on the Board,

25 new members shall be appointed by the President, by and
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1 with the advice and consent of the Senate, and serve for

2 the remainder of the term for which the predecessor of

3 such member was appointed. The vacancy shall not affect

4 the power of the remaining members to execute the duties

5 of the Board.

6 ‘‘SEC. 192A. AUTHORITIES AND DUTIES OF THE BOARD OF

7 DIRECTORS.

8 ‘‘(a) MEETINGS.—The Board shall meet not less than

9 3 times each year. The Board shall hold additional meet10 ings at the call of the Chairperson or if a majority of the

11 members of the Board request such meetings in writing.

12 In addition, the Board (or designated members of the

13 Board) shall conduct periodic public hearings throughout

14 the United States to examine and review operation of the

15 national service laws.

16 ‘‘(b) QUORUM.—A majority of the appointed mem17 bers of the Board shall constitute a quorum.

18 ‘‘(c) OFFICERS.—

19 ‘‘(1) VICE CHAIRPERSON.—The Board shall

20 elect a Vice Chairperson from among its member21 ship. The Vice Chairperson may conduct meetings of

22 the Board in the absence of the Chairperson.

23 ‘‘(2) OTHER OFFICERS.—The Board may elect

24 from among its membership such additional officers
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1 of the Board as the Board determines to be appro2 priate.

3 ‘‘(d) INSPECTOR GENERAL OVERSIGHT COMMIT4 TEE.—The Board shall establish an Inspector General

5 oversight committee (referred to in this subtitle as the

6 ‘oversight committee’). Such committee shall be comprised

7 of the Vice Chairperson and two members selected by the

8 Vice Chairperson. The Chairperson shall not serve on the

9 oversight committee.

10 ‘‘(e) EXPENSES.—While away from their homes or

11 regular places of business on the business of the Board,

12 members of such Board shall be allowed travel expenses,

13 including per diem in lieu of subsistence, at rates author14 ized for employees of agencies under subchapter I of chap15 ter 57 of title 5, United States Code, for persons employed

16 intermittently in the Government service.

17 ‘‘(f) SPECIAL GOVERNMENT EMPLOYEES.—For pur18 poses of the provisions of chapter 11 of part I of title 18,

19 United States Code, and any other provision of Federal

20 law, a member of the Board (to whom such provisions

21 would not otherwise apply except for this subsection) shall

22 be a special Government employee.

23 ‘‘(g) STATUS OF MEMBERS.—

24 ‘‘(1) OTHER CLAIMS.—A member of the Board

25 has no personal liability under Federal law with re-
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1 spect to any claim arising out of or resulting from

2 any act or omission by such person, within the scope

3 of the service of the member on the Board, in con4 nection with any transaction involving the provision

5 of financial assistance by the Corporation. This

6 paragraph shall not be construed to limit personal li7 ability for criminal acts or omissions, willful or mali8 cious misconduct, acts or omissions for private gain,

9 or any other act or omission outside the scope of the

10 service of such member on the Board.

11 ‘‘(2) EFFECT ON OTHER LAW.—This subsection

12 shall not be construed—

13 ‘‘(A) to affect any other immunities and

14 protections that may be available to such mem15 ber under applicable law with respect to such

16 transactions;

17 ‘‘(B) to affect any other right or remedy

18 against the Corporation, against the United

19 States under applicable law, or against any per20 son other than a member of the Board partici21 pating in such transactions; or

22 ‘‘(C) to limit or alter in any way the im23 munities that are available under applicable law

24 for Federal officials and employees not de25 scribed in this subsection.
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1 ‘‘(h) DUTIES.—The Board shall—

2 ‘‘(1) prepare a strategic plan every 3 years, and

3 annual updates of the plan, for the Corporation with

4 respect to the grants, allotments, contracts, assist5 ance, and payments made by the Corporation, and

6 with respect to such standards, policies, procedures,

7 programs, and initiatives as are necessary or appro8 priate to carry out this Act;

9 ‘‘(2) make recommendations with respect to the

10 regulations established under section 195(b)(3)(A);

11 ‘‘(3)(A) review the actions of the Chairperson

12 with respect to—

13 ‘‘(i) grants, allotments, contracts, assist14 ance, and payments made by the Corporation;

15 ‘‘(ii) the personnel of the Corporation; and

16 ‘‘(iii) the standards, policies, procedures,

17 programs, and initiatives of the Corporation;

18 and

19 ‘‘(B) inform the Chairperson of any aspects of

20 the actions of the Chairperson that are not in com21 pliance with the annual strategic plan described in

22 paragraph (1) or the recommendations described in

23 paragraph (2), or are not consistent with the objec24 tives of this Act;
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1 ‘‘(4) receive reports issued by the Inspector

2 General of the Corporation and review actions taken

3 by the Chairperson with respect to such reports;

4 ‘‘(5) review the evaluation of programs estab5 lished under this Act, in accordance with section

6 179;

7 ‘‘(6) make recommendations for research with

8 respect to national and community service programs,

9 including service-learning programs;

10 ‘‘(7) advise the President and the Congress con11 cerning developments in national and community

12 service that merit the attention of the President and

13 the Congress;

14 ‘‘(8) disseminate information regarding the pro15 grams and initiatives of the Corporation;

16 ‘‘(9) carry out any other activities determined

17 to be appropriate by the Chairperson; and

18 ‘‘(10) for purposes of subsection (i)(2) and sec19 tion 178(d)(6)(B), issue regulations to waive the dis20 qualification of members of the Board and members

21 of the State Commission (or of an alternative ad22 ministrative entity) selectively in a random, non23 discretionary manner and only to the extent nec24 essary to establish the quorum involved, including

25 rules that forbid each member of the Board and
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1 each voting member of a State Commission (or of

2 such entity) to participate in any discussion or deci3 sion regarding the provision of assistance or ap4 proved national service positions, or the continu5 ation, suspension, or termination of such assistance

6 or such positions, to any program or entity of which

7 such member of the Board or such member of the

8 State Commission (or of such entity) is, or in the 1-

9 year period before the submission of such application

10 was, an officer, director, trustee, full-time volunteer,

11 or employee.

12 ‘‘(i) LIMITATION ON PARTICIPATION.—

13 ‘‘(1) GENERAL LIMITATION.—Except as pro14 vided in paragraph (2), a member of the Board shall

15 not participate in the administration of the grant

16 program (including any discussion or decision re17 garding the provision of assistance or approved na18 tional service positions, or the continuation, suspen19 sion, or termination of such assistance or such posi20 tions, to any program or entity) described in section

21 121 in any period during which there is pending be22 fore the Corporation a grant application submitted

23 by a program or entity of which such member of the

24 Board is, or in the 1-year period before the submis-
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1 sion of such application was, an officer, director,

2 trustee, partner, full-time volunteer, or employee.

3 ‘‘(2) EXCEPTION.—If, as a result of the oper4 ation of paragraph (1), the number of members of

5 the Board is insufficient to establish a quorum for

6 the purpose of administering such program, then

7 members excluded from participation by paragraph

8 (1) may participate in the administration of such

9 program, notwithstanding the limitation in para10 graph (1), to the extent permitted by regulations is11 sued under subsection (h)(10) by the Corporations.

12 ‘‘(3) RULE OF CONSTRUCTION.—Paragraph (1)

13 shall not be construed to limit the authority of a

14 member of the Board to participate in—

15 ‘‘(A) discussions of, and hearings and fo16 rums on—

17 ‘‘(i) the general duties, policies, and

18 operations of the Commission (or of such

19 entity); or

20 ‘‘(ii) the general administration of

21 such program; or

22 ‘‘(B) similar general matters relating to

23 the Corporation.

24 ‘‘(j) COORDINATION WITH OTHER FEDERAL ACTIVI25 TIES.—As part of the agenda of meetings of the Board
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1 under subsection (a), the Board shall review projects and

2 programs conducted or funded by the Corporation under

3 the national service laws to improve the coordination be4 tween such projects and programs and the activities of

5 other Federal agencies that deal with the individuals and

6 communities participating in or benefiting from such

7 projects and programs. The ex officio members of the

8 Board specified in section 192(a)(3) are encouraged to

9 jointly plan, implement, and fund activities in connection

10 with projects and programs conducted under the national

11 service laws to ensure that Federal efforts attempt to ad12 dress the total needs of participants, their communities,

13 and the persons and communities they serve.

14 ‘‘SEC. 193. CHAIRPERSON AND DIRECTOR.

15 ‘‘(a) APPOINTMENT.—The Corporation shall be head16 ed by an individual who shall serve as Chairperson of the

17 Board and as Director of the Corporation, and who shall

18 be appointed by the President, by and with the advice and

19 consent of the Senate.

20 ‘‘(b) COMPENSATION.—The Chairperson shall be

21 compensated at the rate provided for level III of the Exec22 utive Schedule under section 5314 of title 5, United States

23 Code.
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1 ‘‘(c) REGULATIONS.—The Chairperson shall pre2 scribe such rules and regulations as are necessary or ap3 propriate to carry out this Act.

4 ‘‘SEC. 193A. AUTHORITIES AND DUTIES OF THE CHAIR5 PERSON.

6 ‘‘(a) GENERAL POWERS AND DUTIES.—The Chair7 person shall be responsible for the exercise of the powers

8 and the discharge of the duties of the Corporation that

9 are not reserved to the Board, and shall have authority

10 and control over all personnel of the Corporation.

11 ‘‘(b) DUTIES.—In addition to the duties conferred on

12 the Chairperson under any other provision of this Act, the

13 Chairperson shall—

14 ‘‘(1) submit a proposal to the Board regarding,

15 and establish, such standards, policies, and proce16 dures, as are necessary or appropriate to carry out

17 this Act;

18 ‘‘(2) establish and administer such programs

19 and initiatives as the Chairperson, acting on the rec20 ommendation of the Board, may determine to be

21 necessary or appropriate to carry out this Act;

22 ‘‘(3) consult with appropriate Federal agencies

23 in administering such programs and initiatives;

24 ‘‘(4) on the recommendation of the Board, sus25 pend or terminate payments and positions provided
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1 pursuant to the national service laws, in accordance

2 with section 176;

3 ‘‘(5) prepare and submit to the Board an an4 nual report, and such interim reports as may be nec5 essary, describing the major actions of the Chair6 person with respect to the personnel of the Corpora7 tion, and with respect to such standards, policies,

8 procedures, programs, and initiatives;

9 ‘‘(6) notify, and provide an explanation to, the

10 Board regarding any substantial differences between

11 the actions of the Chairperson and the strategic plan

12 described in section 192A(h)(2); and

13 ‘‘(7) prepare and submit to the appropriate

14 committees of Congress an annual report, and such

15 interim reports as may be necessary, describing—

16 ‘‘(A) the services referred to in paragraph

17 (1), and the money and property referred to in

18 paragraph (2), of section 196(a) that have been

19 accepted by the Corporation; and

20 ‘‘(B) the manner in which the Corporation

21 used or disposed of such services, money, and

22 property.

23 ‘‘(c) POWERS.—In addition to the authority conferred

24 on the Chairperson under any other provision of this Act,

25 the Chairperson may—
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1 ‘‘(1) establish, alter, consolidate, or discontinue

2 such organizational units or components within the

3 Corporation as the Chairperson considers necessary

4 or appropriate;

5 ‘‘(2) with the approval of the President—

6 ‘‘(A) arrange with and reimburse the heads

7 of other Federal agencies for the performance

8 of any of the provisions of this Act; and

9 ‘‘(B) as necessary or appropriate—

10 ‘‘(i) delegate any of the functions of

11 the Chairperson under this Act, or, with

12 the permission of the Board, any of the

13 functions of the Board under this Act, to

14 such heads of Federal agencies; and

15 ‘‘(ii) authorize the redelegation of

16 such functions,

17 subject to provisions to assure the maximum

18 possible liaison between the Corporation and

19 such other agencies at all operating levels;

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

23 political subdivision of a State, accept and utilize the

24 services and facilities of the agencies of such State

25 or subdivisions without reimbursement;
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1 ‘‘(4) allocate and expend, or transfer to other

2 Federal agencies for expenditure, funds made avail3 able under this Act, including expenditure for con4 struction, repairs, and capital improvements;

5 ‘‘(5) disseminate, without regard to the provi6 sions of section 3204 of title 39, United States

7 Code, data and information, in such form as the

8 Chairperson shall determine to be appropriate to

9 public agencies, private organizations, and the gen10 eral public;

11 ‘‘(6) collect or compromise all obligations to or

12 held by the Chairperson and all legal or equitable

13 rights accruing to the Chairperson in connection

14 with the payment of obligations in accordance with

15 chapter 37 of title 31, United States Code (com16 monly known as the ‘Federal Claims Collection Act

17 of 1966’);

18 ‘‘(7) expend funds made available for purposes

19 of this Act, without regard to any other law or regu20 lation, for rent of buildings and space in buildings

21 and for repair, alteration, and improvement of build22 ings and space in buildings rented by the Chair23 person;

24 ‘‘(8) file a civil action in any court of record of

25 a State having general jurisdiction or in any district
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1 court of the United States, with respect to a claim

2 arising under this Act;

3 ‘‘(9) exercise the authorities of the Corporation

4 under section 196; and

5 ‘‘(10) generally perform such functions and

6 take such steps consistent with the objectives and

7 provisions of this Act, as the Chairperson determines

8 to be necessary or appropriate to carry out such pro9 visions.

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 pro16 hibited by law or provided in this Act, the Chair17 person may delegate any function under this Act,

18 and authorize such successive redelegations of such

19 function as may be necessary or appropriate. No del20 egation of a function by the Chairperson under this

21 subsection or under any other provision of this Act

22 shall relieve such Chairperson of responsibility for

23 the administration of such function.
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1 ‘‘(3) FUNCTION OF BOARD.—The Chairperson

2 may not delegate a function of the Board without

3 the permission 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 Chairperson

10 shall survive notwithstanding any change in the per11 son occupying the office of Chairperson or any va12 cancy in that office;

13 ‘‘(3) no attachment, injunction, garnishment, or

14 other similar process, mesne or final, shall be issued

15 against the Chairperson or the Board or property

16 under the control of the Chairperson or the Board;

17 and

18 ‘‘(4) nothing in this section shall be construed

19 to except litigation arising out of activities under

20 this Act from the application of sections 509, 517,

21 547, and 2679 of title 28, United States Code.

22 ‘‘(f) FULL FUNDING OF COSTS TO STATE AND

23 LOCAL GOVERNMENTS OF REQUIREMENTS UNDER NA24 TIONAL SERVICE LAWS.—Notwithstanding any other pro25 vision of law, a national service law may not impose any
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1 requirement that a unit of State or local government con2 duct an activity, unless paid for by the Federal govern3 ment. However, voluntary participation by States or pro4 gram sponsors may include cost-sharing formulas, health

5 care, child care, and other allowances and other require6 ments proscribed by the Act.

7 ‘‘SEC. 194. OFFICERS.

8 ‘‘(a) MANAGING DIRECTORS.—

9 ‘‘(1) IN GENERAL.—There shall be in the Cor10 poration 2 Managing Directors, who shall be ap11 pointed by the President, by and with the advice and

12 consent of the Senate.

13 ‘‘(2) COMPENSATION.—The Managing Direc14 tors shall be compensated at the rate provided for

15 level IV of the Executive Schedule under section

16 5315 of title 5, United States Code.

17 ‘‘(3) DUTIES.—

18 ‘‘(A) FEDERAL PROGRAMS.—One of the

19 Managing Directors shall be primarily respon20 sible for the Federal programs carried out by

21 the Corporation.

22 ‘‘(B) INVESTMENT PROGRAMS.—The other

23 Managing Director shall be primarily respon24 sible for the financial assistance programs car25 ried out by the Corporation.
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1 ‘‘(b) INSPECTOR GENERAL.—There shall be in the

2 Corporation an Office of Inspector General as provided in

3 section 8E(a)(2) of the Inspector General Act of 1978 (5

4 U.S.C. App.).

5 ‘‘(c) CHIEF FINANCIAL OFFICER.—

6 ‘‘(1) OFFICE.—There shall be in the Corpora7 tion a Chief Financial Officer, who shall be ap8 pointed by the President, by and with the advice and

9 consent of the Senate.

10 ‘‘(2) COMPENSATION.—The Chief Financial Of11 ficer shall be compensated at the rate provided for

12 level IV of the Executive Schedule under section

13 5315 of title 5, United States Code.

14 ‘‘(3) DUTIES.—The Chief Financial Officer

15 shall—

16 ‘‘(A) report directly to the Chairperson re17 garding financial management matters;

18 ‘‘(B) oversee all financial management ac19 tivities relating to the programs and operations

20 of the Corporation;

21 ‘‘(C) develop and maintain an integrated

22 accounting and financial management system

23 for the Corporation, including financial report24 ing and internal controls;
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1 ‘‘(D) develop and maintain any joint finan2 cial management systems with the Department

3 of Education necessary to carry out the pro4 grams of the Corporation; and

5 ‘‘(E) direct, manage, and provide policy

6 guidance and oversight of the financial manage7 ment personnel, activities, and operations of the

8 Corporation.

9 ‘‘SEC. 194A. CORPORATION STATE OFFICES.

10 ‘‘(a) IN GENERAL.—The Chairperson shall establish

11 and maintain a decentralized field structure which pro12 vides for an office of the Corporation for each State which

13 is located in or in reasonable proximity of each such State.

14 Such State office may be directed by the State Corpora15 tion representative designated under section 195(b)(1).

16 ‘‘(b) DUTIES.—Each State office established pursu17 ant to subsection (a) shall—

18 ‘‘(1) provide to the State Commissions estab19 lished under section 178 technical and other assist20 ance for the development and implementation of

21 State service plans;

22 ‘‘(2) provide to community-based agencies and

23 other entities within the State technical assistance

24 for the preparation of applications for assistance

25 under the national service laws, utilizing, as appro-
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1 priate, information and materials provided by the

2 clearinghouses established pursuant to section 198A;

3 ‘‘(3) provide to the State Commission and other

4 entities within the State support and technical as5 sistance necessary to assure that there is an effective

6 system of recruitment, placement, and training of

7 volunteers within the State;

8 ‘‘(4) monitor and evaluate the performance of

9 all programs and projects within the State which re10 ceive assistance under the national service laws; and

11 ‘‘(5) perform such other duties and functions

12 which may be assigned or delegated by the Chair13 person.

14 ‘‘SEC. 195. EMPLOYEES, CONSULTANTS, AND OTHER PER15 SONNEL.

16 ‘‘(a) EMPLOYEES.—

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2) and subsections (b) and (c), the Chair19 person shall, in accordance with applicable provi20 sions of title 5 of the United States Code, appoint

21 and determine the compensation of such employees

22 as the Chairperson determines to be necessary to

23 carry out the duties of the Corporation.

24 ‘‘(2) ASSISTANT DIRECTORS FOR VISTA AND

25 NATIONAL SENIOR VOLUNTEER CORPS.—
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1 ‘‘(A) APPOINTMENT.—The Managing Di2 rector primarily responsible for the Federal pro3 grams carried out by the Corporation (ap4 pointed pursuant to section 194(a)) shall, in ac5 cordance with applicable provisions of title 5 of

6 the United States Code, appoint 4 Assistant Di7 rectors who shall report directly to such Manag8 ing Director, of which—

9 ‘‘(i) 1 Assistant Director shall be re10 sponsible for parts A and B of title I of

11 the Domestic Volunteer Service Act of

12 1973 (the Volunteers in Service to America

13 (VISTA) program) and other antipoverty

14 programs under title I of that Act;

15 ‘‘(ii) 1 Assistant Director shall be re16 sponsible for part A of title II of that Act

17 (relating to the Retired Senior Volunteer

18 Program);

19 ‘‘(iii) 1 Assistant Director shall be re20 sponsible for part B of title II of that Act

21 (relating to the Foster Grandparent Pro22 gram); and

23 ‘‘(iv) 1 Assistant Director shall be re24 sponsible for part C of title II of that Act
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1 (relating to the Senior Companion Pro2 gram).

3 ‘‘(B) EFFECTIVE DATE FOR EXERCISE OF

4 AUTHORITY.—Each Assistant Director ap5 pointed pursuant to subparagraph (A) may ex6 ercise the authority assigned to each such Di7 rector only after the effective date of section

8 203(b) of the National Service Trust Act of

9 1993.

10 ‘‘(b) ALTERNATIVE PERSONNEL SYSTEM.—

11 ‘‘(1) AUTHORITY.—To the extent the Chair12 person determines it appropriate and desirable to

13 further the effective operation of the Corporation,

14 the Chairperson may designate positions in the Cor15 poration to which appointments may be made and

16 for which compensation may be determined without

17 regard to the provisions of title 5, United States

18 Code, governing appointments in the competitive

19 service, and without regard to the provisions of

20 chapter 51 and subchapter III of chapter 53 of such

21 title relating to classification and General Schedule

22 pay rates. The Chairperson may provide for appoint23 ments to such positions to be made on a limited

24 term basis.
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1 ‘‘(2) APPOINTMENT IN THE COMPETITIVE

2 SERVICE AFTER EMPLOYMENT UNDER ALTERNATIVE

3 PERSONNEL SYSTEM.—The Director of the Office of

4 Personnel Management may grant competitive sta5 tus for appointment to the competitive service, under

6 such conditions as the Director may prescribe, to an

7 employee who is appointed under this subsection and

8 who is separated from the Corporation (other than

9 by removal for cause).

10 ‘‘(3) SELECTION AND COMPENSATION SYS11 TEM.—

12 ‘‘(A) ESTABLISHMENT OF SYSTEM.—The

13 Chairperson, after reviewing the recommenda14 tions of the Board under section 192A(h)(2),

15 and after obtaining the approval of the Director

16 of the Office of Personnel Management, shall

17 issue regulations establishing a selection and

18 compensation system for employees of the Cor19 poration appointed under paragraph (1). In is20 suing such regulations, the Chairperson shall

21 take into consideration the need for flexibility in

22 such a system.

23 ‘‘(B) APPLICATION.—The Chairperson

24 shall appoint and determine the compensation

25 of employees in accordance with the selection
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1 and compensation system established under

2 subparagraph (A).

3 ‘‘(C) SELECTION.—The system established

4 under subparagraph (A) shall provide for the

5 selection of employees—

6 ‘‘(i) through a competitive process;

7 and

8 ‘‘(ii) on the basis of the qualifications

9 of applicants and the requirements of the

10 positions.

11 ‘‘(D) COMPENSATION.—The system estab12 lished under subparagraph (A) shall include a

13 scheme for the classification of positions in the

14 Corporation. The system shall require that the

15 compensation of an employee be determined in

16 part on the basis of the job performance of the

17 employee, and in a manner consistent with the

18 principles described in section 5301 of title 5,

19 United States Code. The rate of compensation

20 for each employee compensated under the sys21 tem shall not exceed the annual rate of basic

22 pay payable for level IV of the Executive Sched23 ule under section 5315 of title 5, United States

24 Code.
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1 ‘‘(c) CORPORATION REPRESENTATIVE IN EACH

2 STATE.—

3 ‘‘(1) APPOINTMENT OF REPRESENTATIVE.—

4 The Chairperson shall, without regard to the provi5 sions of title 5, United States Code, governing ap6 pointments in the competitive service, appoint an

7 employee to serve as the representative of the Cor8 poration for each State or group of States to assist

9 the Corporation in carrying out the activities de10 scribed in this Act in the State or States.

11 ‘‘(2) DUTIES.—The representative appointed

12 under this subsection for a State or group of States

13 shall serve as the liaison between—

14 ‘‘(A) the Corporation and the State Com15 mission that is established in the State or

16 States; and

17 ‘‘(B) the Corporation and any subdivision

18 of a State, Indian tribe, public or private non19 profit organization, or institution of higher edu20 cation, in the State or States, that is awarded

21 a grant under section 121 directly from the

22 Corporation.

23 ‘‘(3) MEMBER OF STATE COMMISSION.—The

24 representative appointed under this subsection for a

25 State or group of States shall also serve as a voting
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1 member of the State Commission established in the

2 State or States.

3 ‘‘(4) COMPENSATION.—

4 ‘‘(A) IN GENERAL.—The Chairperson may

5 determine the compensation of representatives

6 appointed under this subsection without regard

7 to the provisions of chapter 51 and subchapter

8 III of chapter 53 of title 5, United States Code,

9 relating to classification and General Schedule

10 pay rates.

11 ‘‘(B) LIMITATION ON COMPENSATION.—

12 The rate of compensation for each representa13 tive appointed under this subsection shall not

14 exceed the maximum rate of basic pay payable

15 for GS–15 of the General Schedule under sec16 tion 5332 of title 5, United States Code.

17 ‘‘(d) CONSULTANTS.—The Chairperson may procure

18 the temporary and intermittent services of experts and

19 consultants and compensate the experts and consultants

20 in accordance with section 3109(b) of title 5, United

21 States Code.

22 ‘‘(e) DETAILS OF PERSONNEL.—The head of any

23 Federal department or agency may detail on a reimburs24 able basis, or on a nonreimbursable basis for not to exceed

25 180 calendar days during any fiscal year, as agreed upon
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1 by the Chairperson and the head of the Federal agency,

2 any of the personnel of that department or agency to the

3 Corporation to assist the Corporation in carrying out the

4 duties of the Corporation under this Act. Any detail shall

5 not interrupt or otherwise affect the civil service status

6 or privileges of the Federal employee.

7 ‘‘(f) ADVISORY COMMITTEES.—

8 ‘‘(1) ESTABLISHMENT.—The Chairperson, act9 ing upon the recommendation of the Board, may es10 tablish advisory committees in the Corporation to

11 advise the Board with respect to national service is12 sues, such as the type of programs to be established

13 or assisted under the national service laws, priorities

14 and criteria for such programs, and methods of con15 ducting outreach for, and evaluation of, such pro16 grams.

17 ‘‘(2) COMPOSITION.—Such an advisory commit18 tee shall be composed of members appointed by the

19 Chairperson, with such qualifications as the Chair20 person may specify.

21 ‘‘(3) EXPENSES.—Members of such an advisory

22 committee may be allowed travel expenses as de23 scribed in section 192A(e).

24 ‘‘(4) STAFF.—The Chairperson is authorized to

25 appoint and fix the compensation of such staff as
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1 the Chairperson determines to be necessary to carry

2 out the functions of the advisory committee, without

3 regard to the provisions of title 5, United States

4 Code, governing appointments in the competitive

5 service, and without regard to the provisions of

6 chapter 51 and subchapter III of chapter 53 of such

7 title relating to classification and General Schedule

8 pay rates. Such compensation shall not exceed the

9 maximum rate of basic pay payable for GS–15 of

10 the General Schedule under section 5332 of title 5,

11 United States Code.

12 ‘‘SEC. 196. ADMINISTRATION

13 ‘‘(a) DONATIONS.—

14 ‘‘(1) SERVICES.—

15 ‘‘(A) VOLUNTEERS.—Notwithstanding sec16 tion 1342 of title 31, United States Code, the

17 Corporation may solicit and accept the vol18 untary services of individuals to assist the Cor19 poration in carrying out the duties of the Cor20 poration under this Act, and may provide to

21 such individuals the travel expenses described in

22 section 192A(e).

23 ‘‘(B) LIMITATION.—Such a volunteer shall

24 not be considered to be a Federal employee and

25 shall not be subject to the provisions of law re-
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1 lating to Federal employment, including those

2 relating to hours of work, rates of compensa3 tion, leave, unemployment compensation, and

4 Federal employee benefits, except that for the

5 purposes of subchapter I of chapter 81 of title

6 5, United States Code, relating to compensation

7 to Federal employees for work injuries, volun8 teers under this subtitle shall be considered to

9 be employees, as defined in section 8101(1)(B)

10 of title 5, United States Code, and the provi11 sions of such subchapter shall apply.

12 ‘‘(C) VOLUNTEER DEFINED.—For pur13 poses of this paragraph, the term ‘volunteer’

14 does not include a participant.

15 ‘‘(2) PROPERTY.—

16 ‘‘(A) SOLICITATION AND ACCEPTANCE AU17 THORIZED.—The Corporation may solicit, ac18 cept, hold, administer, use, and dispose of, in

19 furtherance of the purposes of this Act, dona20 tions of any money or property, real, personal,

21 or mixed, tangible or intangible, received by

22 gift, devise, bequest, or otherwise. Donations

23 accepted under this subparagraph shall be used

24 as nearly as possibly in accordance with the

25 terms, if any, of such donation.
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1 ‘‘(B) STATUS OF CONTRIBUTION.—Any do2 nation accepted under subparagraph (A) shall

3 be considered to be a gift, devise, or bequest to,

4 or for the use of, the United States.

5 ‘‘(C) RULES.—The Corporation shall es6 tablish written rules to ensure that the solicita7 tion, acceptance, holding, administration, and

8 use of donations described in subparagraph

9 (A)—

10 ‘‘(i) will not reflect unfavorably upon

11 the ability of the Corporation, or of any of12 ficer or employee of the Corporation, to

13 carry out the responsibilities or official du14 ties of the Corporation in a fair and objec15 tive manner; and

16 ‘‘(ii) will not compromise the integrity

17 of the programs of the Corporation or any

18 official or employee of the Corporation in19 volved in such programs.

20 ‘‘(D) DISPOSITION.—Upon completion of

21 the use by the Corporation of any donation ac22 cepted pursuant to subparagraph (A) (other

23 than money or monetary proceeds from sales of

24 property accepted), such completion shall be re25 ported to the General Services Administration
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1 and such property shall be disposed of in ac2 cordance with title II of the Federal Property

3 and Administrative Services Act of 1949 (40

4 U.S.C. 481 et seq.).

5 ‘‘(b) CONTRACTS.—Subject to the Federal Property

6 and Administrative Services Act of 1949, the Corporation

7 may enter into contracts, and cooperative and interagency

8 agreements, with Federal and State agencies, private

9 firms, institutions, and individuals to conduct activities

10 necessary to carry out the duties of the Corporation under

11 this Act.

12 ‘‘SEC. 196A. LIMITATION ON AUTHORITY TO TAKE CERTAIN

13 ACTIONS.

14 ‘‘Notwithstanding any other provision of law, the

15 Corporation or the Chairperson, as the case may be, shall

16 not—

17 ‘‘(1) allocate, expend, or transfer to any other

18 Federal agency funds made available under this Act

19 for construction, repairs, or capital improvements;

20 ‘‘(2) enter into a lease for real property; or

21 ‘‘(3) dispose of surplus real property;

22 without receiving prior concurrence from the Committee

23 on Public Works and Transportation of the House of Rep24 resentatives and the Committee on Environment and Pub25 lic Works of the Senate.’’.
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1 (b) DOMESTIC VOLUNTEER SERVICE ACT OF

2 1973.—Section 401 of the Domestic Volunteer Service Act

3 of 1973 (42 U.S.C. 5041) is amended by inserting after

4 the second sentence the following: ‘‘The Director shall re5 port directly to the Chairperson of the Corporation for Na6 tional Service.’’.

7 (c) TRANSFER OF FUNCTIONS OF COMMISSION ON

8 NATIONAL AND COMMUNITY SERVICE.—

9 (1) DEFINITIONS.—For purposes of this sub10 section, unless otherwise provided or indicated by

11 the context, each term specified in section 203(c)(1)

12 shall have the meaning given the term in such sec13 tion.

14 (2) TRANSFER OF FUNCTIONS.—There are

15 transferred to the Corporation the functions that the

16 Board of Directors or Executive Director of the

17 Commission on National and Community Service ex18 ercised before the effective date of this subsection

19 (including all related functions of any officer or em20 ployee of the Commission).

21 (3) APPLICATION.—The provisions of para22 graphs (3) through (10) of section 203(c) shall

23 apply with respect to the transfer described in para24 graph (2), except that—
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1 (A) for purposes of such application, ref2 erences to the term ‘‘ACTION Agency’’ shall be

3 deemed to be references to the Corporation; and

4 (B) paragraph (10) of such section shall

5 not preclude the transfer of the members of the

6 Board of Directors of the Commission to the

7 Corporation if, on the effective date of this sub8 section, the Board of Directors of the Corpora9 tion has not been confirmed.

10 (d) CONTINUING PERFORMANCE OF CERTAIN FUNC11 TIONS.—The individuals who, on the day before the date

12 of enactment of this Act, are performing any of the func13 tions required by section 190 of the National and Commu14 nity Service Act of 1990 (42 U.S.C. 12651), as in effect

15 on such date, to be performed by the members of the

16 Board of Directors of the Commission on National and

17 Community Service may, subject to section 193A of the

18 National and Community Service Act of 1990, as added

19 by subsection (a) of this section, continue to perform such

20 functions until the date on the Board of Directors of the

21 Corporation for National Service conducts the first meet22 ing of the Board. The service of such individuals as mem23 bers of the Board of Directors of such Commission, and

24 the employment of such individuals as special government

25 employees, shall terminate on such date.
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1 (e) GOVERNMENT CORPORATION CONTROL.—

2 (1) WHOLLY OWNED GOVERNMENT CORPORA3 TION.—Section 9101(3) of title 31, United States

4 Code, is amended by inserting after subparagraph

5 (D) the following:

6 ‘‘(E) the Corporation for National Serv7 ice.’’.

8 (2) AUDITS.—Section 9105(a)(1) of title 31,

9 United States Code, is amended by inserting ‘‘, or

10 under other Federal law,’’ before ‘‘or by an inde11 pendent’’.

12 (f) DISPOSAL OF PROPERTY.—Section 203(k) of the

13 Federal Property and Administrative Services Act of 1949

14 (40 U.S.C. 484(k)) is amended by adding at the end the

15 following:

16 ‘‘(5)(A) Under such regulations as the Administrator

17 may prescribe, the Administrator is authorized, in the dis18 cretion of the Administrator, to assign to the Chairperson

19 of the Corporation for National Service for disposal such

20 surplus property as is recommended by the Chairperson

21 as being needed for national service activities.

22 ‘‘(B) Subject to the disapproval of the Administrator,

23 within 30 days after notice to the Administrator by the

24 Chairperson of a proposed transfer of property for such

25 activities, the Chairperson, through such officers or em-
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1 ployees of the Corporation as the Chairperson may des2 ignate, may sell, lease, or donate such property to any en3 tity that receives financial assistance under the National

4 and Community Service Act of 1990 for such activities.

5 ‘‘(C) In fixing the sale or lease value of such property,

6 the Chairperson shall comply with the requirements of

7 paragraph (1)(C).’’.

8 (g) TABLE OF CONTENTS.—Section 1(b) of the Na9 tional and Community Service Act of 1990 (Public Law

10 101–610; 104 Stat. 3127) is amended by striking the

11 items relating to subtitle G of title I of such Act and in12 serting the following:

‘‘Subtitle G—Corporation for National Service

‘‘Sec. 191. Corporation for National Service.

‘‘Sec. 192. Board of Directors.

‘‘Sec. 192A. Authorities and duties of the Board of Directors.

‘‘Sec. 193. Chairperson and Director.

‘‘Sec. 193A. Authorities and duties of the Chairperson.

‘‘Sec. 194. Officers.

‘‘Sec. 194A. Corporation State offices.

‘‘Sec. 195. Employees, consultants, and other personnel.

‘‘Sec. 196. Administration.’’.

13 (h) EFFECTIVE DATES.—

14 (1) IN GENERAL.—Except as provided in para15 graph (2), the amendments made by this section

16 shall take effect on October 1, 1993.

17 (2) ESTABLISHMENT AND APPOINTMENT AU18 THORITIES.—Sections 191, 192, and 193 of the Na19 tional and Community Service Act of 1990, as added
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1 by subsection (a), shall take effect on the date of en2 actment of this Act.

3 SEC. 203. FINAL AUTHORITIES OF THE CORPORATION FOR

4 NATIONAL SERVICE.

5 (a) NATIONAL AND COMMUNITY SERVICE ACT OF

6 1990.—

7 (1) APPLICATION.—Subtitle I of the National

8 and Community Service Act of 1990 (as amended by

9 section 202 of this Act) is amended in section 191,

10 paragraphs (3) and (5) of section 192A(h), section

11 193(c), subsections (b), (c) (other than paragraph

12 (8)), and (d) of section 193A, subsections (c) and

13 (e) of section 195, and subsections (a) and (b) of

14 section 196, by striking ‘‘this Act’’ each place the

15 term appears and inserting ‘‘the national service

16 laws’’.

17 (2) GRANTS.—Section 192A(h) of the National

18 and Community Service Act of 1990 (as added by

19 section 202 of this Act) is amended—

20 (A) by striking ‘‘and’’ at the end of para21 graph (8);

22 (B) by redesignating paragraph (9) as

23 paragraph (10); and

24 (C) by inserting after paragraph (8) the

25 following:
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1 ‘‘(9) notwithstanding any other provision of

2 law, make grants to or contracts with Federal or

3 other public departments or agencies and private

4 nonprofit organizations for the assignment or refer5 ral of volunteers under the provisions of the Domes6 tic Volunteer Service Act of 1973 (except as pro7 vided in section 108 of the Domestic Volunteer Serv8 ice Act of 1973), which may provide that the agency

9 or organization shall pay all or a part of the costs

10 of the program; and’’.

11 (b) AUTHORITIES OF ACTION AGENCY.—Sections

12 401 and 402 of the Domestic Volunteer Service Act of

13 1973 (42 U.S.C. 5041 and 5042) are repealed.

14 (c) TRANSFER OF FUNCTIONS FROM ACTION

15 AGENCY.—

16 (1) DEFINITIONS.—For purposes of this sub17 section, unless otherwise provided or indicated by

18 the context—

19 (A) the term ‘‘Chairperson’’ means the

20 Chairperson of the Corporation;

21 (B) the term ‘‘Corporation’’ means the

22 Corporation for National Service, established

23 under section 191 of the National and Commu24 nity Service Act of 1990;
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1 (C) the term ‘‘Federal agency’’ has the

2 meaning given to the term ‘‘agency’’ by section

3 551(1) of title 5, United States Code;

4 (D) the term ‘‘function’’ means any duty,

5 obligation, power, authority, responsibility,

6 right, privilege, activity, or program; and

7 (E) the term ‘‘office’’ includes any office,

8 administration, agency, institute, unit, organi9 zational entity, or component thereof.

10 (2) TRANSFER OF FUNCTIONS.—There are

11 transferred to the Corporation the functions that the

12 Director of the ACTION Agency exercised before

13 the effective date of this subsection (including all re14 lated functions of any officer or employee of the AC15 TION Agency).

16 (3) DETERMINATIONS OF CERTAIN FUNCTIONS

17 BY THE OFFICE OF MANAGEMENT AND BUDGET.—

18 If necessary, the Office of Management and Budget

19 shall make any determination of the functions that

20 are transferred under paragraph (2).

21 (4) REORGANIZATION.—The Chairperson is au22 thorized to allocate or reallocate any function trans23 ferred under paragraph (2) among the officers of the

24 Corporation.
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1 (5) TRANSFER AND ALLOCATIONS OF APPRO2 PRIATIONS AND PERSONNEL.—Except as otherwise

3 provided in this subsection, the personnel employed

4 in connection with, and the assets, liabilities, con5 tracts, property, records, and unexpended balances

6 of appropriations, authorizations, allocations, and

7 other funds employed, used, held, arising from,

8 available to, or to be made available in connection

9 with the functions transferred by this subsection,

10 subject to section 1531 of title 31, United States

11 Code, shall be transferred to the Corporation. Unex12 pended funds transferred pursuant to this paragraph

13 shall be used only for the purposes for which the

14 funds were originally authorized and appropriated.

15 (6) INCIDENTAL TRANSFER.—The Director of

16 the Office of Management and Budget, at such time

17 or times as the Director shall provide, is authorized

18 to make such determinations as may be necessary

19 with regard to the functions transferred by this sub20 section, and to make such additional incidental dis21 positions of personnel, assets, liabilities, grants, con22 tracts, property, records, and unexpended balances

23 of appropriations, authorizations, allocations, and

24 other funds held, used, arising from, available to, or

25 to be made available in connection with such func-
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1 tions, as may be necessary to carry out the provi2 sions of this subsection. The Director of the Office

3 of Management and Budget shall provide for the ter4 mination of the affairs of all entities terminated by

5 this subsection and for such further measures and

6 dispositions as may be necessary to effectuate the

7 purposes of this subsection.

8 (7) EFFECT ON PERSONNEL.—

9 (A) IN GENERAL.—Except as otherwise

10 provided by this subsection, the transfer pursu11 ant to this subsection of full-time personnel (ex12 cept special Government employees) and part13 time personnel holding permanent positions

14 shall be to positions in the Corporation subject

15 to section 195(a)(1) of the National and Com16 munity Service Act of 1990, as added by sec17 tion 202(a) of this Act, and shall not cause any

18 such employee to be separated or reduced in

19 grade or compensation, or to have the benefits

20 of the employee reduced, for 1 year after the

21 date of transfer of such employee under this

22 subsection, and such transfer shall be deemed

23 to be a transfer of functions for purposes of

24 section 3503 of title 5 of the United States

25 Code.
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1 (B) EXECUTIVE SCHEDULE POSITIONS.—

2 Except as otherwise provided in this subsection,

3 any person who, on the day preceding the effec4 tive date of this subsection, held a position com5 pensated in accordance with the Executive

6 Schedule prescribed in chapter 53 of title 5,

7 United States Code, and who, without a break

8 in service, is appointed in the Corporation to a

9 position having duties comparable to the duties

10 performed immediately preceding such appoint11 ment shall continue to be compensated in such

12 new position at not less than the rate provided

13 for such previous position, for the duration of

14 the service of such person in such new position.

15 (C) TERMINATION OF CERTAIN POSI16 TIONS.—Positions whose incumbents are ap17 pointed by the President, by and with the ad18 vice and consent of the Senate, the functions of

19 which are transferred by this subsection, shall

20 terminate on the effective date of this sub21 section.

22 (8) SAVINGS PROVISIONS.—

23 (A) CONTINUING EFFECT OF LEGAL DOCU24 MENTS.—All orders, determinations, rules, reg25 ulations, permits, agreements, grants, contracts,
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1 certificates, licenses, registrations, privileges,

2 and other administrative actions—

3 (i) that have been issued, made,

4 granted, or allowed to become effective by

5 the President, any Federal agency or offi6 cial thereof, or by a court of competent ju7 risdiction, in the performance of functions

8 that are transferred under this subsection;

9 and

10 (ii) that are in effect at the time this

11 subsection takes effect, or were final before

12 the effective date of this subsection and

13 are to become effective on or after the ef14 fective date of this subsection,

15 shall continue in effect according to their terms

16 until modified, terminated, superseded, set

17 aside, or revoked in accordance with law by the

18 President, the Chairperson, or other authorized

19 official, a court of competent jurisdiction, or by

20 operation of law.

21 (B) PROCEEDINGS NOT AFFECTED.—The

22 provisions of this subsection shall not affect any

23 proceedings, including notices of proposed rule24 making, or any application for any license, per25 mit, certificate, or financial assistance pending
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1 before the ACTION Agency at the time this

2 subsection takes effect, with respect to func3 tions transferred by this subsection but such

4 proceedings and applications shall be continued.

5 Orders shall be issued in such proceedings, ap6 peals shall be taken therefrom, and payments

7 shall be made pursuant to such orders, as if

8 this subsection had not been enacted, and or9 ders issued in any such proceedings shall con10 tinue in effect until modified, terminated, su11 perseded, or revoked by a duly authorized offi12 cial, by a court of competent jurisdiction, or by

13 operation of law. Nothing in this subparagraph

14 shall be deemed to prohibit the discontinuance

15 or modification of any such proceeding under

16 the same terms and conditions and to the same

17 extent that such proceeding could have been

18 discontinued or modified if this subsection had

19 not been enacted.

20 (C) SUITS NOT AFFECTED.—The provi21 sions of this subsection shall not affect suits

22 commenced before the effective date of this sub23 section, and in all such suits, proceedings shall

24 be had, appeals taken, and judgments rendered
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1 in the same manner and with the same effect

2 as if this subsection had not been enacted.

3 (D) NONABATEMENT OF ACTIONS.—No

4 suit, action, or other proceeding commenced by

5 or against the ACTION Agency, or by or

6 against any individual in the official capacity of

7 such individual as an officer of the ACTION

8 Agency, shall abate by reason of the enactment

9 of this subsection.

10 (E) ADMINISTRATIVE ACTIONS RELATING

11 TO PROMULGATION OF REGULATIONS.—Any ad12 ministrative action relating to the preparation

13 or promulgation of a regulation by the AC14 TION Agency relating to a function transferred

15 under this subsection may be continued by the

16 Corporation with the same effect as if this sub17 section had not been enacted.

18 (9) SEVERABILITY.—If a provision of this sub19 section or its application to any person or cir20 cumstance is held invalid, neither the remainder of

21 this subsection nor the application of the provision

22 to other persons or circumstances shall be affected.

23 (10) TRANSITION.—Prior to, or after, any

24 transfer of a function under this subsection, the

25 Chairperson is authorized to utilize—
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1 (A) the services of such officers, employ2 ees, and other personnel of the ACTION Agen3 cy with respect to functions that will be or have

4 been transferred to the Corporation by this sub5 section; and

6 (B) funds appropriated to such functions

7 for such period of time as may reasonably be

8 needed to facilitate the orderly implementation

9 of this subsection.

10 (d) EFFECTIVE DATE.—

11 (1) IN GENERAL.—Except as provided in para12 graph (2), this section, and the amendments made

13 by this section, shall take effect—

14 (A) 18 months after the date of enactment

15 of this Act; or

16 (B) on such earlier date as the President

17 shall determine to be appropriate and announce

18 by proclamation published in the Federal Reg19 ister.

20 (2) TRANSITION.—Subsection (c)(10) shall take

21 effect on the date of enactment of this Act.
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1 SEC. 204. ACTIONS UNDER THE NATIONAL SERVICE LAWS

2 TO BE SUBJECT TO THE AVAILABILITY OF AP3 PROPRIATIONS.

4 No action involving the obligation or expenditure of

5 funds may be taken under a national service law (as de6 fined in section 101(14) of the National and Community

7 Service Act of 1990 (42 U.S.C. 12511(14)) unless and

8 until the Corporation for National Service has sufficient

9 appropriations available at the time such action is taken

10 to satisfy the obligation to be incurred or make the ex11 penditure to be made.

12 TITLE III—REAUTHORIZATION

13 Subtitle A—National and

14 Community Service Act of 1990

15 SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

16 Section 501 of the National and Community Service

17 Act of 1990 (42 U.S.C. 12681) is amended to read as

18 follows:

19 ‘‘SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

20 ‘‘(a) TITLE I.—

21 ‘‘(1) SUBTITLE B.—There are authorized to be

22 appropriated to provide financial assistance under

23 subtitle B of title I, $45,000,000 for fiscal year

24 1994, and such sums as may be necessary for each

25 of the fiscal years 1995 through 1996.
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1 ‘‘(2) SUBTITLES C, D, AND H.—There are au2 thorized to be appropriated to provide financial as3 sistance under subtitles C and H of title I, and to

4 provide national service educational awards under

5 subtitle D of title I, $389,000,000 for fiscal year

6 1994, and such sums as may be necessary for each

7 of the fiscal years 1995 through 1996. Of the funds

8 appropriated under this paragraph for a fiscal year,

9 not more than 15 percent of such funds may be

10 made available to provide financial assistance for ac11 tivities in subtitle H, section 125, or section 126.

12 ‘‘(3) ADMINISTRATION.—There are authorized

13 to be appropriated for the administration of this Act

14 (including subtitle G) such sums as may be nec15 essary for each of the fiscal years 1994 through

16 1996.

17 ‘‘(b) TITLE III.—There are authorized to be appro18 priated to carry out title III $5,000,000 for each of the

19 fiscal years 1994 through 1996.

20 ‘‘(c) AVAILABILITY OF APPROPRIATIONS.—Funds ap21 propriated under this section shall remain available until

22 expended.

23 ‘‘(d) SPECIFICATION OF BUDGET FUNCTION.—The

24 authorizations of appropriations contained in this section

25 shall be considered to be a component of budget function
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1 500 as used by the Office of Management and Budget to

2 cover education, training, employment, and social services,

3 and, as such, shall be considered as related to the pro4 grams of the Departments of Labor, Health and Human

5 Services, and Education for budgetary purposes.’’.

6 Subtitle B—Domestic Volunteer

7 Service Act of 1973

8 SEC. 311. SHORT TITLE; REFERENCES.

9 (a) SHORT TITLE.—This subtitle may be cited as the

10 ‘‘Domestic Volunteer Service Act Amendments of 1993’’.

11 (b) REFERENCES.—Except as otherwise specifically

12 provided, whenever in this subtitle an amendment or re13 peal is expressed in terms of an amendment to, or repeal

14 of, a section or other provision, the reference shall be con15 sidered to be made to a section or other provision of the

16 Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950

17 et seq.).

18 CHAPTER 1—VISTA AND OTHER ANTI19 POVERTY PROGRAMS

20 SEC. 321. PURPOSE OF THE VISTA PROGRAM.

21 The last sentence of section 101 (42 U.S.C. 4951)

22 is amended to read as follows: ‘‘In addition, the objectives

23 of this part are to generate the commitment of private

24 sector resources, to encourage volunteer service at the
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1 local level, and to strengthen local agencies and organiza2 tions to carry out the purpose of this part.’’.

3 SEC. 321A. ASSISTANT DIRECTOR FOR VISTA PROGRAM.

4 (a) IN GENERAL.—Section 102 (42 U.S.C. 4952) is

5 amended by striking ‘‘The Director’’ and inserting ‘‘This

6 part shall be administered by the Assistant Director ap7 pointed pursuant to section 195(a)(2) of the National and

8 Community Service Act of 1990. Such Director’’.

9 (b) EFFECTIVE DATE.—The amendments made by

10 subsection (a) shall take effect on the effective date of sec11 tion 203(b).

12 SEC. 322. SELECTION AND ASSIGNMENT OF VISTA VOLUN13 TEERS.

14 (a) VOLUNTEER ASSIGNMENTS.—Section 103(a) (42

15 U.S.C. 4953(a)) is amended—

16 (1) in the matter preceding paragraph (1), by

17 striking ‘‘a public’’ and inserting ‘‘public’’;

18 (2) in paragraph (2), by striking ‘‘and’’ at the

19 end;

20 (3) in paragraph (3), by striking ‘‘illiterate or

21 functionally illiterate youth and other individuals,’’;

22 (4) in paragraph (5), by striking ‘‘and’’ at the

23 end;

24 (5) in paragraph (6)—
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1 (A) by striking ‘‘or the Community Eco2 nomic’’ and inserting ‘‘the Community Eco3 nomic’’;

4 (B) by inserting ‘‘or other similar Acts,’’

5 after ‘‘1981,’’; and

6 (C) by striking the period and inserting ‘‘;

7 and’’; and

8 (6) by adding at the end the following new

9 paragraph:

10 ‘‘(7) in strengthening, supplementing, and ex11 panding efforts to address the problem of illiteracy

12 throughout the United States.’’.

13 (b) RECRUITMENT PROCEDURES.—Section 103(b)

14 (42 U.S.C. 4953(b)) is amended—

15 (1) in paragraph (2)—

16 (A) by amending subparagraph (A) to read

17 as follows:

18 ‘‘(2)(A) The Director shall establish and maintain

19 within the national headquarters of the ACTION Agency

20 (or any successor entity of such agency) a volunteer place21 ment office which shall be responsible for all functions re22 lated to the recruitment and placement of volunteers

23 under this part. Such functions and activities shall be car24 ried out in coordination or in conjunction with recruitment
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1 and placement activities carried out under the National

2 Service Trust Act of 1993.’’;

3 (B) by striking subparagraph (C); and

4 (C) by redesignating subparagraph (D) as

5 subparagraph (C);

6 (2) by striking paragraphs (4) and (6); and

7 (3) by redesignating paragraphs (5) and (7) as

8 paragraphs (4) and (6), respectively.

9 (c) PUBLIC AWARENESS AND RECRUITMENT.—Sub10 section (c) of section 103 (42 U.S.C. 4953(c)) is amend11 ed—

12 (1) in paragraph (1)—

13 (A) in the 1st sentence by striking ‘‘re14 gional or State employees designated in sub15 paragraphs (C) and (D) of subsection (b)(2)’’

16 and inserting ‘‘personnel described in sub17 section (b)(2)(C)’’;

18 (B) in the 2nd sentence, by striking ‘‘shall

19 include’’ and inserting ‘‘may include’’;

20 (C) by redesignating subparagraphs (F)

21 and (G) as subparagraphs (G) and (H), respec22 tively; and

23 (D) by inserting after subparagraph (E)

24 the following new subparagraph:
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1 ‘‘(F) publicizing educational awards avail2 able under the National Service Trust Act of

3 1993;’’;

4 (2) by striking paragraphs (4) and (5); and

5 (3) by redesignating paragraph (6) as para6 graph (4).

7 (d) COORDINATION WITH OTHER FEDERAL AGEN8 CIES.—Section 103 (42 U.S.C. 4953) is amended by add9 ing at the end the following new subsection:

10 ‘‘(h) The Director is encouraged to enter into agree11 ments with other Federal agencies to use VISTA volun12 teers in furtherance of program objectives that are consist13 ent with the purposes described in section 101.’’.

14 SEC. 323. TERMS AND PERIODS OF SERVICE.

15 (a) CLARIFICATION AND PERIODS OF SERVICE.—

16 Subsection (b) of section 104 (42 U.S.C. 4954(b)) is

17 amended to read as follows:

18 ‘‘(b)(1) Volunteers serving under this part may be en19 rolled initially for periods of service of not less than 1 year,

20 nor more than 2 years, except as provided in paragraph

21 (2) or subsection (e).

22 ‘‘(2) Volunteers serving under this part may be en23 rolled for periods of service of less than 1 year if the Direc24 tor determines, on an individual basis, that a period of
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1 service of less than 1 year is necessary to meet a critical

2 scarce skill need.

3 ‘‘(3) Volunteers serving under this part may be

4 reenrolled for periods of service in a manner to be deter5 mined by the Director. No volunteer shall serve for more

6 than a total of 5 years under this part.’’.

7 (b) SUMMER PROGRAM.—Section 104 (42 U.S.C.

8 4954) is amended by adding at the end the following new

9 subsection:

10 ‘‘(e)(1) Notwithstanding any other provision of this

11 part, the Director may enroll full-time VISTA summer as12 sociates in a program for the summer months only, under

13 such terms and conditions as the Director shall determine

14 to be appropriate. Such individuals shall be assigned to

15 projects that meet the criteria set forth in section 103(a).

16 ‘‘(2) In preparing reports relating to programs under

17 this Act, the Director shall report on participants, costs,

18 and accomplishments under the summer program sepa19 rately.

20 ‘‘(3) The limitation on funds appropriated for grants

21 and contracts, as contained in section 108, shall not apply

22 to the summer program.’’.

23 SEC. 324. SUPPORT FOR VISTA VOLUNTEERS.

24 (a) POSTSERVICE STIPEND.—Section 105(a)(1) (42

25 U.S.C. 4955(a)(1)) is amended—
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1 (1) by inserting ‘‘(A)’’ after ‘‘(a)(1)’’; and

2 (2) by striking the second sentence and insert3 ing the following:

4 ‘‘(B) Such stipend shall not exceed $95 per month

5 in fiscal year 1994, but shall be set at a minimum of $100

6 per month during the service of the volunteer after Oc7 tober 1, 1994. The Director may provide a stipend of a

8 maximum of $200 per month in the case of persons who

9 have served as volunteers under this part for at least 1

10 year and who, in accordance with standards established

11 in such regulations as the Director shall prescribe, have

12 been designated volunteer leaders on the basis of experi13 ence and special skills and a demonstrated leadership

14 among volunteers.

15 ‘‘(C) The Director shall not provide a stipend under

16 this subsection to an individual who elects to receive a na17 tional service education award under subtitle D of title I

18 of the National and Community Service Act of 1990.’’.

19 (b) SUBSISTENCE ALLOWANCE.—Section 105(b) (42

20 U.S.C. 4955(b)) is amended—

21 (1) in paragraph (3)—

22 (A) by striking subparagraph (A);

23 (B) in subparagraph (B), by striking the

24 subparagraph designation; and
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1 (C) by adding at the end the following new

2 sentence: ‘‘The Director shall review such ad3 justments on an annual basis to ensure that the

4 adjustments are current.’’; and

5 (2) by striking paragraph (4).

6 SEC. 325. PARTICIPATION OF YOUNGER AND OLDER PER7 SONS.

8 Section 107 (42 U.S.C. 4957) is amended to read as

9 follows:

10 ‘‘SEC. 107. PARTICIPATION OF YOUNGER AND OLDER PER11 SONS.

12 ‘‘In carrying out this part and part C, the Director

13 shall take necessary steps, including the development of

14 special projects, where appropriate, to encourage the full15 est participation of individuals 18 through 27 years of age,

16 and individuals 55 years of age and older, in the various

17 programs and activities authorized under such parts.’’.

18 SEC. 326. LITERACY ACTIVITIES.

19 Section 109 (42 U.S.C. 4959) is amended—

20 (1) in subsection (g)—

21 (A) by striking paragraph (1); and

22 (B) by striking the paragraph designation

23 of paragraph (2); and

24 (2) in subsection (h)—
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1 (A) in paragraph (1) by striking ‘‘para2 graphs (2) and (3)’’ and inserting ‘‘paragraph

3 (2)’’; and

4 (B) by striking paragraph (3).

5 SEC. 327. APPLICATIONS FOR ASSISTANCE.

6 Section 110 (42 U.S.C. 4960) is amended to read as

7 follows:

8 ‘‘SEC. 110. APPLICATIONS FOR ASSISTANCE.

9 ‘‘In reviewing an application for assistance under this

10 part, the Director shall not deny such assistance to any

11 project or program, or any public or private nonprofit or12 ganization, solely on the basis of the duration of the assist13 ance such project, program, or organization has received

14 under this part prior to the date of submission of the ap15 plication. The Director shall grant assistance under this

16 part on the basis of merit and to accomplish the goals

17 of the VISTA program, and shall consider the needs and

18 requirements of projects in existence on such date as well

19 as potential new projects.’’.

20 SEC. 328. REPEAL OF AUTHORITY FOR STUDENT COMMU21 NITY SERVICE PROGRAMS.

22 Part B of title I (42 U.S.C. 4971 et seq.) is amended

23 by repealing section 114 (42 U.S.C. 4974).
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1 SEC. 329. UNIVERSITY YEAR FOR VISTA.

2 (a) PROGRAM TITLE.—Part B of title I (42 U.S.C.

3 4971 et seq.) is amended—

4 (1) in the part heading to read as follows:

5 ‘‘PART B—UNIVERSITY YEAR FOR VISTA’’;

6 (2) by striking ‘‘University Year for ACTION’’

7 each place that such term appears in such part and

8 inserting ‘‘University Year for VISTA’’;

9 (3) by striking ‘‘UYA’’ each place that such

10 term appears in such part and inserting ‘‘UYV’’;

11 and

12 (4) in section 112 (42 U.S.C. 4972) by striking

13 the section heading and inserting the following new

14 section heading:

15 ‘‘AUTHORITY TO OPERATE UNIVERSITY YEAR FOR VISTA

16 PROGRAM’’.

17 (b) SPECIAL CONDITIONS.—Section 113(a) (42

18 U.S.C. 4973(a)) is amended—

19 (1) by striking ‘‘of not less than the duration

20 of an academic year’’ and inserting ‘‘of not less than

21 the duration of an academic semester or its equiva22 lent’’; and

23 (2) by adding at the end the following new sen24 tence: ‘‘Volunteers may receive a living allowance

25 and such other support or allowances as the Director

26 determines to be appropriate.’’.
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1 SEC. 330. AUTHORITY TO ESTABLISH AND OPERATE SPE2 CIAL VOLUNTEER AND DEMONSTRATION

3 PROGRAMS.

4 Section 122 (42 U.S.C. 4992) is amended to read as

5 follows:

6 ‘‘SEC. 122. AUTHORITY TO ESTABLISH AND OPERATE SPE7 CIAL VOLUNTEER AND DEMONSTRATION

8 PROGRAMS.

9 ‘‘(a) IN GENERAL.—The Director is authorized to

10 conduct special volunteer programs for demonstration pro11 grams, or award grants to or enter into contracts with

12 public or nonprofit organizations to carry out such pro13 grams. Such programs shall encourage wider volunteer

14 participation on a full-time, part-time, or short-term basis

15 to further the purpose of this part, and identify particular

16 segments of the poverty community that could benefit

17 from volunteer and other antipoverty efforts.

18 ‘‘(b) ASSIGNMENT AND SUPPORT OF VOLUNTEERS.—

19 The assignment of volunteers under this section, and the

20 provision of support for such volunteers, including any

21 subsistence allowances and stipends, shall be on such

22 terms and conditions as the Director shall determine to

23 be appropriate, but shall not exceed the level of support

24 provided under section 105. Projects using volunteers who

25 do not receive stipends may also be supported under this

26 section.
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1 ‘‘(c) CRITERIA AND PRIORITIES.—In carrying out

2 this section and section 123, the Director shall establish

3 criteria and priorities for awarding grants and entering

4 into contracts under this part in each fiscal year. No grant

5 or contract exceeding $100,000 shall be made under this

6 part unless the recipient of the grant or contractor has

7 been selected by a competitive process that includes public

8 announcement of the availability of funds for such grant

9 or contract, general criteria for the selection of recipients

10 or contractors, and a description of the application process

11 and application review process.’’.

12 SEC. 331. TECHNICAL AND FINANCIAL ASSISTANCE.

13 Section 123 (42 U.S.C. 4993) is amended to read as

14 follows:

15 ‘‘SEC. 123. TECHNICAL AND FINANCIAL ASSISTANCE.

16 ‘‘The Director may provide technical and financial as17 sistance to Federal agencies, State and local governments

18 and agencies, private nonprofit organizations, employers,

19 and other private organizations that utilize or desire to

20 utilize volunteers in carrying out the purpose of this

21 part.’’.

22 SEC. 332. ELIMINATION OF SEPARATE AUTHORITY FOR

23 DRUG ABUSE PROGRAMS.

24 Section 124 (42 U.S.C. 4994) is repealed.
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1 CHAPTER 2—NATIONAL SENIOR

2 VOLUNTEER CORPS

3 SEC. 341. NATIONAL SENIOR VOLUNTEER CORPS.

4 (a) TITLE HEADING.—The heading for title II is

5 amended to read as follows:

6 ‘‘TITLE II—NATIONAL SENIOR VOLUNTEER

7 CORPS’’.

8 (b) REFERENCES.—

9 (1) Section 200(1) (42 U.S.C. 5000(1)) is

10 amended by striking ‘‘Older American Volunteer

11 Programs’’ and inserting ‘‘National Senior Volunteer

12 Corps’’.

13 (2) The heading for section 221 (42 U.S.C.

14 5021) is amended by striking ‘‘OLDER AMERICAN

15 VOLUNTEER PROGRAMS’’ and inserting ‘‘NATIONAL

16 SENIOR VOLUNTEER CORPS’’.

17 (3) Section 224 (42 U.S.C. 5024) is amended—

18 (A) in the section heading by striking

19 ‘‘OLDER AMERICAN VOLUNTEER PROGRAMS’’

20 and inserting ‘‘NATIONAL SENIOR VOLUNTEER

21 CORPS’’; and

22 (B) by striking ‘‘volunteer projects for

23 Older Americans’’ and inserting ‘‘National Sen24 ior Volunteer Corps projects’’.
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1 (4) Section 205(c) of the Older Americans

2 Amendments of 1975 (Public Law 94–135; 89 Stat.

3 727; 42 U.S.C. 5001 note) is amended by striking

4 ‘‘national older American volunteer programs’’ each

5 place the term appears and inserting ‘‘National Sen6 ior Volunteer Corps programs’’.

7 SEC. 342. THE RETIRED AND SENIOR VOLUNTEER PRO8 GRAM.

9 (a) PART HEADING.—The heading for part A of title

10 II is amended by striking ‘‘RETIRED SENIOR VOLUNTEER

11 PROGRAM’’ and inserting ‘‘RETIRED AND SENIOR VOLUN12 TEER PROGRAM’’.

13 (b) REFERENCES.—Section 200 (42 U.S.C. 5000) is

14 amended by striking ‘‘retired senior volunteer program’’

15 each place that such term appears in such section and the

16 Act and inserting ‘‘Retired and Senior Volunteer Pro17 gram’’.

18 SEC. 343. OPERATION OF THE RETIRED AND SENIOR VOL19 UNTEER PROGRAM.

20 Section 201(a) (42 U.S.C. 5001(a)) is amended—

21 (1) in the matter preceding paragraph (1) by

22 striking ‘‘retired persons’’ and inserting ‘‘retired in23 dividuals and working older individuals’’; and

24 (2) in paragraph (2)—
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1 (A) by striking ‘‘aged sixty or over’’ and

2 inserting ‘‘55 years of age or older’’; and

3 (B) by inserting ‘‘, and individuals 60

4 years of age or older will be given priority for

5 enrollment,’’ after ‘‘enrolled’’.

6 SEC. 344. SERVICES UNDER THE FOSTER GRANDPARENT

7 PROGRAM.

8 Section 211(a) (42 U.S.C. 5011(a)) is amended by

9 striking ‘‘, including services’’ and all that follows through

10 ‘‘with special needs.’’ and inserting a period and the fol11 lowing: ‘‘Such services may include services by individuals

12 serving as foster grandparents to children with disabilities

13 and chronic health conditions and to children who are re14 ceiving care in hospitals, who are residing in homes for

15 dependent and neglected children, or who are receiving

16 services provided by day care centers, schools, Head Start

17 agencies, early intervention programs, family support pro18 grams, or other programs, establishments, or institutions

19 providing services for children with special or exceptional

20 needs. Individual foster grandparents may provide person21 to-person services to one or more children, depending on

22 the need for such services.’’.

23 SEC. 345. STIPENDS FOR LOW-INCOME VOLUNTEERS.

24 Section 211(d) (42 U.S.C. 5011(d)) is amended—
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1 (1) in the second sentence by striking ‘‘Any sti2 pend or allowance provided under this subsection

3 shall not be less than $2.20 per hour until October

4 1, 1990, $2.35 per hour during fiscal year 1991,

5 and $2.50 per hour on and after October 1, 1992,’’

6 and inserting ‘‘Any stipend or allowance provided

7 under this section shall not be less than $2.45 per

8 hour on and after October 1, 1993, and shall be ad9 justed once prior to December 31, 1997, to account

10 for inflation, as determined by the Director and

11 rounded to the nearest five cents,’’; and

12 (2) by adding at the end the following:

13 ‘‘In establishing the amount of, and the effective date for,

14 such adjustment, the Director, in consultation with the

15 State commissions (as defined in section 178 of the Na16 tional and Community Service Act of 1990) and the heads

17 of the State offices established under section 195 of such

18 Act, shall consider the effect such adjustment will have

19 on the ability of non-Federally funded volunteer programs

20 similar to the programs under this title to maintain their

21 current level of volunteer hours.’’.

22 SEC. 346. CONDITIONS OF GRANTS AND CONTRACTS.

23 Section 212(a) (42 U.S.C. 5012(a)) is amended—

24 (1) by striking paragraph (1), and

25 (2) in paragraph (2)—
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1 (A) by striking ‘‘(2)(A)’’ and inserting

2 ‘‘(1)’’,

3 (B) in paragraph (1), as so redesignated—

4 (i) by redesignating clauses (i) and

5 (ii) as subparagraphs (A) and (B), respec6 tively; and

7 (ii) by redesignating subclauses (I)

8 and (II) as clauses (i) and (ii), respec9 tively; and

10 (C) by striking ‘‘(B)’’ and inserting ‘‘(2)’’.

11 SEC. 347. AGREEMENTS WITH OTHER FEDERAL AGENCIES.

12 (a) PROMOTION.—Section 221(a) (42 U.S.C.

13 5021(a)) is amended—

14 (1) by striking ‘‘(a)’’ and inserting ‘‘(a)(1)’’;

15 and

16 (2) by adding at the end the following:

17 ‘‘(2) To the maximum extent practicable, the Direc18 tor shall enter into agreements with—

19 ‘‘(A) the Department of Health and Human

20 Services to—

21 ‘‘(i) involve retired and senior volunteers,

22 and foster grandparents, in Head Start pro23 grams;

24 ‘‘(ii) involve retired and senior volunteers,

25 and senior companions, in providing services
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1 authorized by title III of the Older Americans

2 Act of 1965; and

3 ‘‘(iii) promote the recognition of such vol4 unteers who are qualified to provide in-home

5 services for reimbursement under title XVIII of

6 the Social Security Act for providing such serv7 ices;

8 ‘‘(B) the Department of Education to promote

9 intergenerational tutoring and mentoring for at-risk

10 children; and

11 ‘‘(C) the Environmental Protection Agency to

12 support conservation efforts.’’.

13 (b) MINIMUM EXPENDITURE.—Section 221(b)(3) (42

14 U.S.C. 5021(b)(3)) is amended by striking ‘‘$250,000’’

15 and inserting ‘‘$500,000’’.

16 SEC. 348. MINORITY GROUP PARTICIPATION.

17 Section 223 (42 U.S.C. 5023) is amended by adding

18 at the end the following:

19 ‘‘Such efforts shall include using methods appropriate to

20 communicate with individuals who have limited English

21 proficiency.’’.

22 SEC. 349. PROGRAMS OF NATIONAL SIGNIFICANCE.

23 Section 225 (42 U.S.C. 5025) is amended—
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1 (1) in subsection (a)(2)(B) by striking ‘‘para2 graph (10)’’ and inserting ‘‘paragraphs (10), (12),

3 (15), and (16)’’;

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

5 following new paragraphs:

6 ‘‘(12) Programs that address environmental

7 needs.

8 ‘‘(13) Programs that reach out to organizations

9 (such as labor unions and profit-making organiza10 tions) not previously involved in addressing national

11 problems of local concern.

12 ‘‘(14) Programs that provide for outreach to in13 crease participation of members of ethnic groups

14 who have limited English proficiency.

15 ‘‘(15) Programs that support criminal justice

16 activities and juvenile justice activities.

17 ‘‘(16) Programs that involve older volunteers

18 working with young people in apprenticeship pro19 grams.

20 ‘‘(17) Programs that support the community in21 tegration of individuals with disabilities.

22 ‘‘(18) Programs that provide health, education,

23 and welfare services that augment the activities of

24 State and local agencies, to be carried out in a fiscal

25 year for which the aggregate amount of funds avail-
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1 able to such agencies is not less than the annual av2 erage aggregate amount of funds available to such

3 agencies for the period of 3 fiscal years preceding

4 such fiscal year.’’;

5 (3) in subsection (c)(1), by striking ‘‘under this

6 title’’; and

7 (4) in subsection (d), by striking paragraph (1)

8 and inserting the following new paragraph:

9 ‘‘(1) Except as provided in paragraph (2), from the

10 amounts appropriated under subsection (a), (b), (c), or (d)

11 of section 502, for each fiscal year there shall be available

12 to the Director such sums as may be necessary to make

13 grants under subsection (a).’’.

14 SEC. 350. DEMONSTRATION PROGRAMS.

15 Title II is amended by adding at the end the follow16 ing:

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 private agencies and organizations, including orga22 nizations funded under part A, B, or C, for the purposes

23 of demonstrating innovative activities involving older indi24 viduals as volunteers. The Director may support under
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1 this part both volunteers receiving stipends and volunteers

2 not receiving stipends.

3 ‘‘(b) ACTIVITIES.—An organization that receives a

4 grant or enters into a contract under subsection (a) may

5 use funds made available through the grant or contract

6 for activities such as—

7 ‘‘(1) linking youth groups, and organizations

8 whose members are older individuals, in volunteer

9 activities;

10 ‘‘(2) involving older volunteers in programs and

11 activities different from those currently supported in

12 the community; and

13 ‘‘(3) testing whether programs for older volun14 teers may contribute to achieving new objectives or

15 to carrying out certain national priorities.’’.

16 CHAPTER 3—ADMINISTRATION

17 SEC. 361. PURPOSE OF AGENCY.

18 Section 401 (42 U.S.C. 5041) is amended—

19 (1) by inserting after the first sentence the fol20 lowing: ‘‘This Agency shall also promote the coordi21 nation of volunteer efforts among Federal, State,

22 and local agencies and organizations, exchange tech23 nical assistance information among them, and pro24 vide technical assistance to other nations concerning
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1 domestic volunteer programs within their coun2 tries.’’; and

3 (2) by striking ‘‘Older American Volunteer Pro4 grams’’ each place the term appears and inserting

5 ‘‘National Senior Volunteer Corps’’.

6 SEC. 362. AUTHORITY OF THE DIRECTOR.

7 Section 402 (42 U.S.C. 5042) is amended in para8 graphs (5) and (6) by inserting ‘‘solicit and’’ before ‘‘ac9 cept’’ in each such paragraph.

10 SEC. 362A. POLITICAL ACTIVITIES.

11 Section 403 (42 U.S.C. 5043) is amended—

12 (1) by redesignating subsections (b)(2) and (c)

13 as subsections (c) and (d), respectively;

14 (2) in subsection (c), as so redesignated, by re15 designating subparagraphs (A) and (B) as para16 graphs (1) and (2), respectively; and

17 (3) by striking subsection (b)(1) and inserting

18 the following:

19 ‘‘(b)(1) Programs assisted under this Act shall not

20 be carried on in a manner involving the use of funds, the

21 provision of services, or the employment or assignment of

22 personnel in a manner supporting or resulting in the iden23 tification of such programs with—

24 ‘‘(A) any partisan or nonpartisan political activ25 ity associated with a candidate, or a contending fac-
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1 tion or group, in an election for public or party of2 fice;

3 ‘‘(B) any activity to provide voters or prospec4 tive voters with transportation to the polls or similar

5 assistance in connection with any such election; or

6 ‘‘(C) any voter registration activity;

7 except that programs assisted under this Act may make

8 voter registration applications and nonpartisan voter reg9 istration information available to the public on the prem10 ises of such programs.

11 ‘‘(2) In carrying out any voter registration activity

12 permitted under paragraph (1), an individual who is affili13 ated with, or employed to carry out, a program assisted

14 under this Act shall not—

15 ‘‘(A) indicate a preference with respect to any

16 candidate, political party, or election issue; or

17 ‘‘(B) seek to influence the political or party af18 filiation, or voting decision, of any individual.’’.

19 SEC. 363. COMPENSATION FOR VOLUNTEERS.

20 Section 404 (42 U.S.C. 5044) is amended—

21 (1) in subsection (c), by inserting ‘‘from such

22 volunteers or from beneficiaries’’ after ‘‘compensa23 tion’’;

24 (2) by striking subsection (f); and
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1 (3) by redesignating subsection (g) as sub2 section (f).

3 SEC. 364. REPEAL OF REPORT.

4 Section 407 (42 U.S.C. 5047) is repealed.

5 SEC. 365. APPLICATION OF FEDERAL LAW.

6 Section 415(b)(4)(A) (42 U.S.C. 5055(b)(4)(A)) is

7 amended by striking ‘‘a grade GS–7 employee’’ and insert8 ing ‘‘an employee at grade GS–5 of the General Schedule

9 under section 5332 of title 5, United States Code’’.

10 SEC. 366. NONDISCRIMINATION PROVISIONS.

11 Section 417 (42 U.S.C. 5057) is amended to read as

12 follows:

13 ‘‘SEC. 417. NONDISCRIMINATION PROVISIONS.

14 ‘‘(a) IN GENERAL.—

15 ‘‘(1) BASIS.—An individual with responsibility

16 for the operation of a program that receives assist17 ance under this Act shall not discriminate against a

18 participant in, or member of the staff of, such pro19 gram on the basis of race, color, national origin, sex,

20 age, or political affiliation of such participant or

21 member, or on the basis of disability, if the partici22 pant or member is a qualified individual with a dis23 ability.

24 ‘‘(2) DEFINITION.—As used in paragraph (1),

25 the term ‘qualified individual with a disability’ has
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1 the meaning given the term in section 101(8) of the

2 Americans with Disabilities Act of 1990 (42 U.S.C.

3 12111(8)).

4 ‘‘(b) FEDERAL FINANCIAL ASSISTANCE.—Any assist5 ance provided under this Act shall constitute Federal fi6 nancial assistance for purposes of title VI of the Civil

7 Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX

8 of the Education Amendments of 1972 (20 U.S.C. 1681

9 et seq.), section 504 of the Rehabilitation Act of 1973 (29

10 U.S.C. 794), and the Age Discrimination Act of 1975 (42

11 U.S.C. 6101 et seq.).

12 ‘‘(c) RELIGIOUS DISCRIMINATION.—

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), an individual with responsibility for the

15 operation of a program that receives assistance

16 under this Act shall not discriminate on the basis of

17 religion against a participant in such program or a

18 member of the staff of such program who is paid

19 with funds received under this Act.

20 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

21 apply to the employment, with assistance provided

22 under this Act, of any member of the staff, of a pro23 gram that receives assistance under this Act, who

24 was employed with the organization operating the
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1 program on the date the grant under this Act was

2 awarded.

3 ‘‘(d) RULES AND REGULATIONS.—The Director shall

4 promulgate rules and regulations to provide for the en5 forcement of this section that shall include provisions for

6 summary suspension of assistance for not more than 30

7 days, on an emergency basis, until notice and an oppor8 tunity to be heard can be provided.’’.

9 SEC. 367. ELIMINATION OF SEPARATE REQUIREMENTS FOR

10 SETTING REGULATIONS.

11 Section 420 (42 U.S.C. 5060) is repealed.

12 SEC. 368. CLARIFICATION OF ROLE OF INSPECTOR GEN13 ERAL.

14 Section 422 (42 U.S.C. 5062) is amended—

15 (1) in subsection (a), by inserting ‘‘or the In16 spector General’’ after ‘‘Director’’; and

17 (2) in subsection (b), by inserting ‘‘, the Inspec18 tor General,’’ after ‘‘Director’’ each place that such

19 term appears.

20 SEC. 369. COPYRIGHT PROTECTION.

21 Title IV is amended by adding at the end, the follow22 ing new section:

23 ‘‘SEC. 425. PROTECTION AGAINST IMPROPER USE.

24 ‘‘Whoever falsely—

25 ‘‘(1) advertises or represents; or
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1 ‘‘(2) publishes or displays any sign, symbol, or

2 advertisement, reasonably calculated to convey the

3 impression,

4 that an entity is affiliated with, funded by, or operating

5 under the authority of ACTION, VISTA, or any of the

6 programs of the National Senior Volunteer Corps may be

7 enjoined under an action filed by the Attorney General,

8 on a complaint by the Director.’’.

9 SEC. 372. DEPOSIT REQUIREMENT CREDIT FOR SERVICE AS

10 A VOLUNTEER.

11 (a) CIVIL SERVICE RETIREMENT SYSTEM.—

12 (1) CREDITABLE SERVICE.—Section 8332(j) of

13 title 5, United States Code, is amended—

14 (A) in paragraph (1)—

15 (i) in the first sentence, by inserting

16 ‘‘the period of an individual’s service as a

17 full-time volunteer enrolled in a program of

18 at least 1 year’s duration under part A, B,

19 or C of title I of the Domestic Volunteer

20 Service Act of 1973,’’ after ‘‘Economic Op21 portunity Act of 1964,’’;

22 (ii) in the second sentence, by insert23 ing ‘‘, as a full-time volunteer enrolled in

24 a program of at least 1 year’s duration

25 under part A, B, or C of title I of the Do-
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1 mestic Volunteer Service Act of 1973,’’

2 after ‘‘Economic Opportunity Act of

3 1964’’; and

4 (iii) in the last sentence—

5 (I) by inserting ‘‘or under part

6 A, B, or C of title I of the Domestic

7 Volunteer Service Act of 1973’’ after

8 ‘‘Economic Opportunity Act of 1964’’;

9 and

10 (II) by inserting ‘‘or the Chair11 person of the Corporation for Na12 tional Service, as appropriate,’’ after

13 ‘‘Director of the Office of Economic

14 Opportunity’’; and

15 (B) by adding at the end the following new

16 paragraph:

17 ‘‘(3) The provisions of paragraph (1) relating to cred18 it for service as a volunteer or volunteer leader under the

19 Economic Opportunity Act of 1964, part A, B, or C of

20 title I of the Domestic Volunteer Service Act of 1973, or

21 the Peace Corps Act shall not apply to any period of serv22 ice as a volunteer or volunteer leader of an employee or

23 Member with respect to which the employee or Member

24 has made the deposit with interest, if any, required by sec25 tion 8334(l).’’.
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1 (2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS2 ITS.—

3 (A) IN GENERAL.—Section 8334 of title 5,

4 United States Code, is amended by adding at

5 the end the following new subsection:

6 ‘‘(l)(1) Each employee or Member who has performed

7 service as a volunteer or volunteer leader under part A

8 of title VIII of the Economic Opportunity Act of 1964,

9 as a full-time volunteer enrolled in a program of at least

10 1 year’s duration under part A, B, or C of title I of the

11 Domestic Volunteer Service Act of 1973, or as a volunteer

12 or volunteer leader under the Peace Corps Act before the

13 date of the separation on which the entitlement to any

14 annuity under this subchapter is based may pay, in ac15 cordance with such regulations as the Office of Personnel

16 Management shall issue, an amount equal to 7 percent

17 of the readjustment allowance paid to the employee or

18 Member under title VIII of the Economic Opportunity Act

19 of 1964 or section 5(c) or 6(1) of the Peace Corps Act

20 or the stipend paid to the employee or Member under part

21 A, B, or C of title I of the Domestic Volunteer Service

22 Act of 1973, for each period of service as such a volunteer

23 or volunteer leader.

24 ‘‘(2) Any deposit made under paragraph (1) more

25 than 2 years after the later of—
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1 ‘‘(A) October 1, 1993; or

2 ‘‘(B) the date on which the employee or Mem3 ber making the deposit first becomes an employee or

4 Member,

5 shall include interest on such amount computed and

6 compounded annually beginning on the date of the expira7 tion of the 2-year period. The interest rate that is applica8 ble in computing interest in any year under this paragraph

9 shall be equal to the interest rate that is applicable for

10 such year under subsection (e).

11 ‘‘(3) The Director of the Peace Corps and the Chair12 person of the Corporation for National Service shall fur13 nish such information to the Office of Personnel Manage14 ment as the Office may determine to be necessary for the

15 administration of this subsection.’’.

16 (B) CONFORMING AMENDMENT.—Section

17 8334(e) of title 5, United States Code, is

18 amended in paragraphs (1) and (2) by striking

19 ‘‘or (k)’’ each place that such term appears and

20 inserting ‘‘(k), or (l)’’.

21 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

22 (1) CREDITABLE SERVICE.—Section 8411 of

23 title 5, United States Code, is amended—
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1 (A) in subsection (b)(3), by striking ‘‘sub2 section (f)’’ and inserting ‘‘subsection (f) or

3 (h)’’; and

4 (B) by adding at the end the following new

5 subsection:

6 ‘‘(h) An employee or Member shall be allowed credit

7 for service as a volunteer or volunteer leader under part

8 A of title VIII of the Economic Opportunity Act of 1964,

9 as a full-time volunteer enrolled in a program of at least

10 1 year’s duration under part A, B, or C of title I of the

11 Domestic Volunteer Service Act of 1973, or as a volunteer

12 or volunteer leader under the Peace Corps Act performed

13 at any time prior to the separation on which the entitle14 ment to any annuity under this subchapter is based if the

15 employee or Member has made a deposit with interest, if

16 any, with respect to such service under section 8422(f).’’.

17 (2) DEDUCTIONS, CONTRIBUTIONS.—Section

18 8422 of title 5, United States Code, is amended by

19 adding at the end the following new subsection:

20 ‘‘(f)(1) Each employee or Member who has performed

21 service as a volunteer or volunteer leader under part A

22 of title VIII of the Economic Opportunity Act of 1964,

23 as a full-time volunteer enrolled in a program of at least

24 1 year’s duration under part A, B, or C of title I of the

25 Domestic Volunteer Service Act of 1973, or as a volunteer
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1 or volunteer leader under the Peace Corps Act before the

2 date of the separation on which the entitlement to any

3 annuity under this subchapter, or subchapter V of this

4 chapter, is based may pay, in accordance with such regula5 tions as the Office of Personnel Management shall issue,

6 an amount equal to 3 percent of the readjustment allow7 ance paid to the employee or Member under title VIII of

8 the Economic Opportunity Service Act of 1964 or section

9 5(c) or 6(1) of the Peace Corps Act or the stipend paid

10 to the employee or Member under part A, B, or C of title

11 I of the Domestic Volunteer Service Act of 1973, for each

12 period of service as such a volunteer or volunteer leader.

13 ‘‘(2) Any deposit made under paragraph (1) more

14 than 2 years after the later of—

15 ‘‘(A) October 1, 1993, or

16 ‘‘(B) the date on which the employee or Mem17 ber making the deposit first becomes an employee or

18 Member,

19 shall include interest on such amount computed and

20 compounded annually beginning on the date of the expira21 tion of the 2-year period. The interest rate that is applica22 ble in computing interest in any year under this paragraph

23 shall be equal to the interest rate that is applicable for

24 such year under section 8334(e).
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1 ‘‘(3) The Director of the Peace Corps and the Chair2 person of the Corporation for National Service shall fur3 nish such information to the Office of Personnel Manage4 ment as the Office may determine to be necessary for the

5 administration of this subsection.’’.

6 (c) APPLICABILITY AND OTHER PROVISIONS.—

7 (1) APPLICABILITY.—

8 (A) AMENDMENTS RELATING TO CSRS.—

9 (i) IN GENERAL.—The amendments

10 made by subsection (a) shall apply with re11 spect to any individual entitled to an annu12 ity on the basis of a separation from serv13 ice occurring on or after the effective date

14 of this subtitle.

15 (ii) RULES RELATING TO ANNUITIES

16 BASED ON EARLIER SEPARATIONS.—An

17 annuity under subchapter III of chapter 83

18 of title 5, United States Code, payable to

19 an individual based on a separation from

20 service occurring before the effective date

21 of this subtitle shall be subject to the pro22 visions of paragraph (2).

23 (B) AMENDMENTS RELATING TO FERS.—

24 (i) IN GENERAL.—The amendments

25 made by subsection (b) shall apply with re-
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1 spect to any individual entitled to an annu2 ity on the basis of a separation from serv3 ice occurring before, on, or after the effec4 tive date of this subtitle, subject to clause

5 (ii).

6 (ii) RULE RELATING TO ANNUITIES

7 BASED ON EARLIER SEPARATIONS.—In the

8 case of any individual whose entitlement to

9 an annuity is based on a separation from

10 service occurring before the effective date

11 of this subtitle, any increase in such indi12 vidual’s annuity on the basis of a deposit

13 made under section 8442(f) of title 5,

14 United States Code, as amended by sub15 section (b)(2), shall be effective beginning

16 with the annuity payment payable for the

17 first calendar month beginning after the

18 effective date of this subtitle.

19 (2) SPECIAL RULES.—

20 (A) OLD-AGE OR SURVIVORS INSURANCE

21 BENEFITS.—Subject to subparagraph (B), in

22 any case in which an individual described in

23 paragraph (1)(A)(ii) is also entitled to old-age

24 or survivors insurance benefits under section

25 202 of the Social Security Act (or would be en-
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1 titled to such benefits upon filing an application

2 therefor), the amount of the annuity to which

3 such individual is entitled under subchapter III

4 of chapter 83 of title 5, United States Code

5 (after taking into account any creditable service

6 as a volunteer or volunteer leader under the

7 Economic Opportunity Act of 1964, the Domes8 tic Volunteer Service Act of 1973, or the Peace

9 Corps Act) which is payable for any month

10 shall be reduced by an amount determined by

11 multiplying the amount of such old-age or sur12 vivors insurance benefit for the determination

13 month by a fraction—

14 (i) the numerator of which is the total

15 of the wages (within the meaning of sec16 tion 209 of the Social Security Act) for

17 service as a volunteer or volunteer leader

18 under the Economic Opportunity Act of

19 1964, the Domestic Volunteer Service Act

20 of 1973, or the Peace Corps Act of such

21 individual credited for years before the cal22 endar year in which the determination

23 month occurs, up to the contribution and

24 benefit base determined under section 230

25 of the Social Security Act (or other appli-
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1 cable maximum annual amount referred to

2 in section 215(e)(1) of such Act for each

3 such year); and

4 (ii) the denominator of which is the

5 total of all wages described in clause (i),

6 plus all other wages (within the meaning of

7 section 209 of such Act) and all self-em8 ployment income (within the meaning of

9 section 211(b) of such Act) of such individ10 ual credited for years after 1936 and be11 fore the calendar year in which the deter12 mination month occurs, up to the contribu13 tion and benefit base (or such other

14 amount referred to in section 215(e)(1) of

15 such Act for each such year.

16 (B) LIMITATIONS.—

17 (i) Subparagraph (A) shall not reduce

18 the annuity of an individual below the

19 amount of the annuity which would be pay20 able to the individual for the determination

21 month if the provisions of section 8332(j)

22 of title 5, United States Code, relating to

23 service as a volunteer or volunteer leader,

24 applied to the individual for such month.
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1 (ii) Subparagraph (A) shall not apply

2 in the case of an individual who, prior to

3 the date of enactment of this Act, made a

4 deposit for under section 8334(c) of title 5,

5 United States Code, with respect to service

6 as a volunteer or volunteer leader (as de7 scribed in subparagraph (A)).

8 (iii) DETERMINATION MONTH.—For

9 purposes of this paragraph, the term ‘‘de10 termination month’’ means—

11 (I) the first month the individual

12 described in paragraph (1)(A)(ii) is

13 entitled to old-age or survivors bene14 fits under section 202 of the Social

15 Security Act (or would be entitled to

16 such benefits upon filing an applica17 tion therefor); or

18 (II) the first calendar month be19 ginning after the date of enactment of

20 this Act, in the case of any individual

21 entitled to such benefits for such

22 month.

23 (iv) RULE RELATING TO ANNUITIES

24 BASED ON EARLIER SEPARATIONS.—Any

25 increase in an annuity which occurs by vir-
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1 tue of the enactment of this paragraph

2 shall be effective beginning with the annu3 ity payment payable for the first calendar

4 month beginning after the effective date of

5 this subtitle.

6 (3) FURNISHING OF INFORMATION.—The Sec7 retary of Health and Human Services shall furnish

8 such information to the Office of Personnel Manage9 ment as may be necessary to carry out this sub10 section.

11 (4) ACTION TO INFORM INDIVIDUALS.—The Di12 rector of the Office of Personnel Management shall

13 take such action as may be necessary and appro14 priate to inform individuals entitled to credit under

15 this section for service as a volunteer or volunteer

16 leader, or to have any annuity recomputed, or to

17 make a deposit under this section, of such entitle18 ment.

19 CHAPTER 4—AUTHORIZATION OF APPRO20 PRIATIONS AND OTHER AMENDMENTS

21 SEC. 381. AUTHORIZATION OF APPROPRIATIONS FOR

22 TITLE I.

23 Section 501 (42 U.S.C. 5081) is amended to read as

24 follows:
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1 ‘‘SEC. 501. NATIONAL VOLUNTEER ANTIPOVERTY PRO2 GRAMS.

3 ‘‘(a) AUTHORIZATIONS.—

4 ‘‘(1) VOLUNTEERS IN SERVICE TO AMERICA.—

5 There are authorized to be appropriated to carry out

6 parts A and B of title I, excluding section 109,

7 $56,000,000 for fiscal year 1994, and such sums as

8 may be necessary for each of the fiscal years 1995

9 through 1996.

10 ‘‘(2) LITERACY ACTIVITIES.—There are author11 ized to be appropriated to carry out section 109,

12 such sums as may be necessary for each of the fiscal

13 years 1994 through 1996.

14 ‘‘(3) SPECIAL VOLUNTEER PROGRAMS.—There

15 are authorized to be appropriated to carry out part

16 C of title I, excluding section 125, such sums as may

17 be necessary for each of the fiscal years 1994

18 through 1996.

19 ‘‘(4) LITERACY CHALLENGE GRANTS.—There

20 are authorized to be appropriated to carry out sec21 tion 125, such sums as may be necessary for each

22 of the fiscal years 1994 through 1996.

23 ‘‘(5) SPECIFICATION OF BUDGET FUNCTION.—

24 The authorizations of appropriations contained in

25 this subsection shall be considered to be a compo26 nent of budget function 500 as used by the Office
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1 of Management and Budget to cover education,

2 training, employment and social services, and, as

3 such, shall be considered as related to the programs

4 of the Departments of Labor, Health and Human

5 Services, and Education for budgetary purposes.

6 ‘‘(b) SUBSISTENCE.—The minimum level of an allow7 ance for subsistence required under section 105(b)(2), to

8 be provided to each volunteer under title I, may not be

9 reduced or limited in order to provide for an increase in

10 the number of volunteer service years under part A of title

11 I.

12 ‘‘(c) LIMITATION.—No part of the funds appro13 priated to carry out part A of title I may be used to pro14 vide volunteers or assistance to any program or project

15 authorized under part B or C of title I, or under title II,

16 unless the program or project meets the antipoverty cri17 teria of part A of title I.

18 ‘‘(d) AVAILABILITY.—Amounts appropriated for part

19 A of title I shall remain available for obligation until the

20 end of the fiscal year following the fiscal year for which

21 the amounts were appropriated.

22 ‘‘(e) VOLUNTEER SERVICE REQUIREMENT.—

23 ‘‘(1) VOLUNTEER SERVICE YEARS.—Of the

24 amounts appropriated under this section for parts A,

25 B, and C of title I, including section 125, there shall
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1 first be available for part A of title I, including sec2 tions 104(e) and 109, an amount not less than the

3 amount necessary to provide 3,700 volunteer service

4 years in fiscal year 1994, 4,000 volunteer service

5 years in fiscal year 1995, and 4,500 volunteer serv6 ice years in fiscal year 1996.

7 ‘‘(2) PLAN.—If the Director determines that

8 funds appropriated to carry out part A, B, and C of

9 title I are insufficient to provide for the years of vol10 unteer service required by paragraph (1), the Direc11 tor shall submit a plan to the relevant authorizing

12 and appropriations committees of Congress that will

13 detail what is necessary to fully meet this require14 ment.’’.

15 SEC. 382. AUTHORIZATION OF APPROPRIATIONS FOR

16 TITLE II.

17 Section 502 (42 U.S.C. 5082) is amended to read as

18 follows:

19 ‘‘SEC. 502. NATIONAL SENIOR VOLUNTEER CORPS.

20 ‘‘(a) RETIRED AND SENIOR VOLUNTEER PRO21 GRAM.—There are authorized to be appropriated to carry

22 out part A of title II, $53,100,000 for fiscal year 1994,

23 and such sums as may be necessary for each of the fiscal

24 years 1995 through 1996.
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1 ‘‘(b) FOSTER GRANDPARENT PROGRAM.—There are

2 authorized to be appropriated to carry out part B of title

3 II, $98,200,000 for fiscal year 1994, and such sums as

4 may be necessary for each of the fiscal years 1995 through

5 1996.

6 ‘‘(c) SENIOR COMPANION PROGRAM.—There are au7 thorized to be appropriated to carry out part C of title

8 II, $48,700,000 for fiscal year 1994, and such sums as

9 may be necessary for each of the fiscal years 1995 through

10 1996.

11 ‘‘(d) DEMONSTRATION PROGRAMS.—There are au12 thorized to be appropriated to carry out part E of title

13 II, such sums as may be necessary for each of the fiscal

14 years 1994 through 1996.’’.

15 SEC. 383. AUTHORIZATION OF APPROPRIATIONS FOR

16 TITLE IV.

17 Section 504 (42 U.S.C. 5084) is amended to read as

18 follows:

19 ‘‘SEC. 504. ADMINISTRATION AND COORDINATION.

20 ‘‘(a) IN GENERAL.—For each of the fiscal years 1994

21 through 1996, there are authorized to be appropriated for

22 the administration of this Act as provided for in title IV,

23 21 percent of the total amount appropriated under sec24 tions 501 and 502 with respect to such year.
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1 ‘‘(b) EVALUATION.—For each of the fiscal years

2 1994 through 1996, the Director is authorized to expend

not less than 21 3 ⁄2 percent, and not more than 5 percent,

4 of the amount appropriated under subsection (a), for the

5 purposes prescribed in section 416.’’.

6 SEC. 384. CONFORMING AMENDMENTS; COMPENSATION

7 FOR VISTA FECA CLAIMANTS.

8 Section 8143(b) of title 5, United States Code, is

9 amended by striking ‘‘GS–7’’ and inserting ‘‘GS–5 of the

10 General Schedule under section 5332 of title 5, United

11 States Code’’.

12 SEC. 385. REPEAL OF AUTHORITY.

13 Title VII (42 U.S.C. 5091 et seq.) is repealed.

14 CHAPTER 5—GENERAL PROVISIONS

15 SEC. 391. TECHNICAL AND CONFORMING AMENDMENTS.

16 The Domestic Volunteer Service Act of 1973 (42

17 U.S.C. 4950 et seq.) is amended by striking ‘‘That this

18 Act’’ and all that follows through the end of the table of

19 contents and inserting the following:

20 ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

22 ‘Domestic Volunteer Service Act of 1973’.

23 ‘‘(b) TABLE OF CONTENTS.—The table of contents

24 is as follows:

‘‘Sec. 1. Short title; table of contents.

‘‘Sec. 2. Volunteerism policy.
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‘‘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.

‘‘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 for improvement of volunteer programs.

‘‘Sec. 125. 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.

‘‘Sec. 212. Conditions of grants and contracts.

‘‘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
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‘‘Sec. 231. Authority of Director.

‘‘TITLE IV—ADMINISTRATION AND COORDINATION

‘‘Sec. 403. Political activities.

‘‘Sec. 404. Special limitations.

‘‘Sec. 406. Labor standards.

‘‘Sec. 408. Joint funding.

‘‘Sec. 409. Prohibition of Federal control.

‘‘Sec. 410. Coordination with other programs.

‘‘Sec. 411. Prohibition.

‘‘Sec. 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. 504. Administration and coordination.

‘‘Sec. 505. Availability of appropriations.

‘‘TITLE VI—AMENDMENTS TO OTHER LAWS AND REPEALERS

‘‘Sec. 601. Supersedence of Reorganization Plan No. 1 of July 1, 1971.

‘‘Sec. 602. Creditable service for civil service retirement.

‘‘Sec. 603. Repeal of title VIII of the Economic Opportunity Act.

‘‘Sec. 604. Repeal of title VI of the Older Americans Act.’’.

1 SEC. 392. EFFECTIVE DATE.

2 This subtitle shall become effective on October 1,

3 1993.
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1 TITLE IV—TECHNICAL AND

2 CONFORMING AMENDMENTS

3 SEC. 401. DEFINITION OF DIRECTOR.

4 Section 421 of the Domestic Volunteer Service Act

5 of 1973 (42 U.S.C. 5061) is amended by striking para6 graph (1) and inserting the following new paragraph:

7 ‘‘(1) the term ‘Director’ means the Chairperson

8 and Director of the Corporation for National Service

9 appointed under section 193 of the National and

10 Community Service Act of 1990;’’.

11 SEC. 402. REFERENCES TO ACTION AND THE ACTION

12 AGENCY.

13 (a) DOMESTIC VOLUNTEER SERVICE ACT OF

14 1973.—

15 (1) Section 2(b) of the Domestic Volunteer

16 Service Act of 1973 (42 U.S.C. 4950(b)) is amend17 ed—

18 (A) by striking ‘‘ACTION, the Federal do19 mestic volunteer agency,’’ and inserting ‘‘this

20 Act’’; and

21 (B) by striking ‘‘ACTION’’ and inserting

22 ‘‘the Corporation for National Service’’.

23 (2) Section 125(b) of such Act (42 U.S.C.

24 4995(b)) is amended by striking ‘‘the ACTION

25 Agency’’ and inserting ‘‘the Corporation’’.
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1 (3) Section 225(e) of such Act (42 U.S.C.

2 5025(e)) is amended by striking ‘‘the ACTION

3 Agency’’ and inserting ‘‘the Corporation’’.

4 (4) Section 403(a) of such Act (42 U.S.C.

5 5043(a)) is amended—

6 (A) by striking ‘‘the ACTION Agency’’ the

7 first place it appears and inserting ‘‘the Cor8 poration under this Act’’; and

9 (B) by striking ‘‘the ACTION Agency’’ the

10 second place it appears and inserting ‘‘the Cor11 poration’’.

12 (5) Section 408 of such Act (42 U.S.C. 5048)

13 is amended by striking ‘‘the ACTION Agency’’ and

14 inserting ‘‘the Corporation’’.

15 (6) Section 425 of such Act (as added by sec16 tion 369 of this Act) is further amended by striking

17 ‘‘ACTION’’ and inserting ‘‘the Corporation’’.

18 (b) ADMINISTRATION ON CHILDREN, YOUTH, AND

19 FAMILIES.—Section 916(b) of the Claude Pepper Young

20 Americans Act of 1990 (42 U.S.C. 12312(b)) is amended

21 by striking ‘‘the Director of the ACTION Agency’’ and

22 inserting ‘‘the Chairperson of the Corporation for Na23 tional Service’’.
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1 (c) INSPECTOR GENERAL.—Section 8E(a)(2) of the

2 Inspector General Act of 1978 (5 U.S.C. App.) is amend3 ed—

4 (1) by striking ‘‘ACTION,’’; and

5 (2) by inserting ‘‘the Corporation for National

6 Service (except as provided in section 194(b) of the

7 National and Community Service Act of 1990),’’

8 after ‘‘the Consumer Product Safety Commission,’’.

9 (d) PUBLIC HOUSING SECURITY.—Section 207(c) of

10 the Public Housing Security Demonstration Act of 1978

11 (Public Law 95–557; 92 Stat. 2093; 12 U.S.C. 1701z–

12 6 note) is amended—

13 (1) in paragraph (3)(ii), by striking ‘‘ACTION’’

14 and inserting ‘‘the Corporation for National Serv15 ice’’; and

16 (2) in paragraph (4), by striking ‘‘ACTION’’

17 and inserting ‘‘the Corporation for National Serv18 ice’’.

19 (e) NATIONAL FOREST VOLUNTEERS.—The first sec20 tion of the Volunteers in the National Forests Act of 1972

21 (16 U.S.C. 558a) is amended by striking ‘‘ACTION’’ and

22 inserting ‘‘the Corporation for National Service’’.

23 (f) PEACE CORPS.—Section 2A of the Peace Corps

24 Act (22 U.S.C. 2501–1) is amended by inserting after
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1 ‘‘the ACTION Agency’’ the following: ‘‘, the successor to

2 the ACTION Agency,’’.

3 (g) INDIAN ECONOMIC DEVELOPMENT.—Section 502

4 of the Indian Financing Act of 1974 (25 U.S.C. 1542)

5 is amended by striking ‘‘and ACTION’’ and inserting ‘‘,

6 the Corporation for National Service,’’.

7 (h) OLDER AMERICANS.—The Older Americans Act

8 of 1965 is amended—

9 (1) in section 202(c)(1) (42 U.S.C. 3012(c)(1)),

10 by striking ‘‘the Director of the ACTION Agency’’

11 and inserting ‘‘the Corporation for National Serv12 ice’’;

13 (2) in section 203(a)(1) (42 U.S.C.

14 3013(a)(1)), by striking ‘‘the ACTION Agency’’ and

15 inserting ‘‘the Corporation for National Service’’;

16 and

17 (3) in section 422(b)(12)(C) (42 U.S.C.

18 3035a(b)(12)(C)), by striking ‘‘the ACTION Agen19 cy’’ and inserting ‘‘the Corporation for National

20 Service’’.

21 (i) VISTA SERVICE EXTENSION.—Section 101(c)(1)

22 of the Domestic Volunteer Service Act Amendments of

23 1989 (Public Law 101–204; 103 Stat. 1810; 42 U.S.C.

24 4954 note) is amended by striking ‘‘Director of the AC-
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1 TION Agency’’ and inserting ‘‘Chairperson of the Cor2 poration for National Service’’.

3 (j) AGING RESOURCE SPECIALISTS.—Section 205(c)

4 of the Older Americans Amendments of 1975 (Public Law

5 94–135; 89 Stat. 727; 42 U.S.C. 5001 note) is amended—

6 (1) in paragraph (1)—

7 (A) by striking ‘‘the ACTION Agency,’’

8 and inserting ‘‘the Corporation for National

9 Service,’’; and

10 (B) by striking ‘‘the Director of the AC11 TION Agency’’ and inserting ‘‘the Chairperson

12 of the Corporation’’;

13 (2) in paragraph (2)(A), by striking ‘‘ACTION

14 Agency’’ and inserting ‘‘Corporation’’; and

15 (3) in paragraph (3), by striking subparagraph

16 (A) and inserting the following new subparagraph:

17 ‘‘(A) the term ‘Corporation’ means the Cor18 poration for National Service established by section

19 191 of the National and Community Service Act of

20 1990.’’.

21 (k) PROMOTION OF PHOTOVOLTAIC ENERGY.—Sec22 tion 11(a) of the Solar Photovoltaic Energy Research, De23 velopment, and Demonstration Act of 1978 (42 U.S.C.

24 5590) is amended by striking ‘‘the Director of ACTION,’’.
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1 (l) COORDINATING COUNCIL ON JUVENILE JUS2 TICE.—Section 206(a)(1) of the Juvenile Justice and De3 linquency Prevention Act of 1974 (42 U.S.C. 5616(a)(1))

4 is amended by striking ‘‘the Director of the ACTION

5 Agency’’ and inserting ‘‘the Chairperson of the Corpora6 tion for National Service’’.

7 (m) ENERGY CONSERVATION.—Section 413(b)(1) of

8 the Energy Conservation and Production Act (42 U.S.C.

9 6863(b)(1)) is amended by striking ‘‘the Director of the

10 ACTION Agency,’’.

11 (n) INTERAGENCY COUNCIL ON THE HOMELESS.—

12 Section 202(a) of the Stewart B. McKinney Homeless As13 sistance Act (42 U.S.C. 11312(a)) is amended by striking

14 paragraph (12) and inserting the following new para15 graph:

16 ‘‘(12) The Chairperson of the Corporation for

17 National Service, or the designee of the Chair18 person.’’.

19 (o) ANTI-DRUG ABUSE.—Section 3601 of the Anti20 Drug Abuse Act of 1988 (42 U.S.C. 11851) is amended

21 by striking paragraph (5) and inserting the following new

22 paragraph:

23 ‘‘(5) the term ‘Director’ means the Chairperson

24 and Director of the Corporation for National Serv25 ice,’’.
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1 SEC. 403. DEFINITIONS.

2 Section 421 of the Domestic Volunteer Service Act

3 of 1973 (42 U.S.C. 5061) is amended—

4 (1) by striking ‘‘and’’ at the end of paragraph

5 (6);

6 (2) by striking the period at the end of para7 graph (7) and inserting a semicolon; and

8 (3) by adding at the end the following new

9 paragraphs:

10 ‘‘(8) the term ‘Corporation’ means the Corpora11 tion for National Service established under section

12 191 of the National and Community Service Act of

13 1990;

14 ‘‘(9) the term ‘foster grandparent’ means a vol15 unteer in the Foster Grandparent Program;

16 ‘‘(10) the term ‘Foster Grandparent Program’

17 means the program established under part B of title

18 II;

19 ‘‘(11) the term ‘Inspector General’ means the

20 Inspector General of the Corporation;

21 ‘‘(12) the term ‘national senior volunteer’

22 means a volunteer in the National Senior Volunteer

23 Corps;

24 ‘‘(13) the term ‘National Senior Volunteer

25 Corps’ means the programs established under parts

26 A, B, C, and E of title II;
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1 ‘‘(14) the term ‘Retired and Senior Volunteer

2 Program’ means the program established under part

3 A of title II;

4 ‘‘(15) the term ‘retired or senior volunteer’

5 means a volunteer in the Retired and Senior Volun6 teer Program;

7 ‘‘(16) the term ‘senior companion’ means a vol8 unteer in the Senior Companion Program;

9 ‘‘(17) the term ‘Senior Companion Program’

10 means the program established under part C of title

11 II;

12 ‘‘(18) the terms ‘VISTA’ and ‘Volunteers in

13 Service to America’ mean the program established

14 under part A of title I; and

15 ‘‘(19) the term ‘VISTA volunteer’ means a vol16 unteer in VISTA.’’.

17 SEC. 404. REFERENCES TO THE COMMISSION ON NATIONAL

18 AND COMMUNITY SERVICE.

19 (a) NATIONAL DEFENSE AUTHORIZATION ACT FOR

20 FISCAL YEAR 1993.—

21 (1) Section 1092(b) of the National Defense

22 Authorization Act for Fiscal Year 1993 (42 U.S.C.

23 12653a note) is amended—

24 (A) in paragraph (1)—
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1 (i) by striking ‘‘Commission on Na2 tional Community Service’’ and inserting

3 ‘‘Corporation for National Service’’; and

4 (ii) by striking ‘‘Commission shall pre5 pare’’ and inserting ‘‘Board of Directors of

6 the Corporation shall prepare’’; and

7 (B) in paragraph (2), by striking ‘‘Board

8 of Directors of the Commission on National and

9 Community Service’’ and inserting ‘‘Board of

10 Directors of the Corporation for National Serv11 ice’’.

12 (2) Section 1093(a) of such Act (42 U.S.C.

13 12653a note) is amended by striking ‘‘the Board of

14 Directors and Executive Director of the Commission

15 on National and Community Service’’ and inserting

16 ‘‘the Board of Directors and Chairperson of the Cor17 poration for National Service’’.

18 (3) Section 1094 of such Act (Public Law 102–

19 484; 106 Stat. 2535) is amended—

20 (A) in the title, by striking ‘‘COMMISSION

21 ON NATIONAL AND COMMUNITY SERVICE’’

22 and inserting ‘‘CORPORATION FOR NA23 TIONAL SERVICE’’;

24 (B) in subsection (a)—
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1 (i) in the heading, by striking ‘‘COM2 MISSION’’ and inserting ‘‘CORPORATION’’;

3 (ii) in the first sentence, by striking

4 ‘‘Commission on National and Community

5 Service’’ and inserting ‘‘Corporation for

6 National Service’’; and

7 (iii) in the second sentence, by strik8 ing ‘‘The Commission’’ and inserting ‘‘The

9 Chairperson of the Corporation’’; and

10 (C) in subsection (b)—

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

12 ‘‘Board of Directors of the Commission on

13 National and Community Service’’ and in14 serting ‘‘Chairperson of the Corporation

15 for National Service’’; and

16 (ii) in paragraph (2), by striking ‘‘the

17 Commission’’ and inserting ‘‘the Chair18 person of the Corporation for National

19 Service’’.

20 (4) Section 1095 of such Act (Public Law 102–

21 484; 106 Stat. 2535) is amended in the heading for

22 subsection (b) by striking ‘‘COMMISSION ON NA23 TIONAL AND COMMUNITY SERVICE’’ and inserting

24 ‘‘CORPORATION FOR NATIONAL SERVICE’’.
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1 (5) Section 2(b) of such Act (Public Law 102–

2 484; 106 Stat. 2315) is amended by striking the

3 item relating to section 1094 of such Act and insert4 ing the following:

‘‘Sec. 1094. Other programs of the Corporation for National Service.’’.

5 (b) NATIONAL AND COMMUNITY SERVICE ACT OF

6 1990.—

7 (1) Sections 159(b)(2) (as redesignated in sec8 tion 104(b)(3) of this Act) and 165 (as redesignated

9 in section 104(b)(3) of this Act), subsections (a) and

10 (b) of section 172, sections 176(a) and 177(c), and

11 subsections (a), (b), and (d) through (h) of section

12 179, of the National and Community Service Act of

13 1990 (42 U.S.C. 12653h(b)(2), 12653n, 12632 (a)

14 and (b), 12636(a), 12637(c), and 12639 (a), (b),

15 and (d) through (h)) are each amended by striking

16 the term ‘‘Commission’’ each place the term appears

17 and inserting ‘‘Corporation’’.

18 (2) Sections 152, 157(b)(2), 159(b),

19 162(a)(2)(C), 164, and 166(1) of such Act (in each

20 case, as redesignated in section 104(b)(3) of this

21 Act) (42 U.S.C. 12653a, 12653f(b)(2), 12653h(b),

22 12653k(a)(2)(C), 12653m, and 12653o(1)) are each

23 amended by striking ‘‘Commission on National and

24 Community Service’’ and inserting ‘‘Corporation’’.
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1 (3) Section 163(b)(9) of such Act (as redesig2 nated in section 104(b)(3) of this Act) (42 U.S.C.

3 12635l(b)(9)) is amended by striking ‘‘Chair of the

4 Commission on National and Community Service’’

5 and inserting ‘‘Chairperson’’.

6 (4) Section 303(a) of such Act (42 U.S.C.

7 12662(a)) is amended—

8 (A) by striking ‘‘The President’’ and in9 serting ‘‘The President, acting through the Cor10 poration,’’;

11 (B) by inserting ‘‘in furtherance of activi12 ties under section 302’’ after ‘‘section 501(b)’’;

13 and

14 (C) by striking ‘‘the President’’ both places

15 it appears and inserting ‘‘the Corporation’’.

16 SEC. 405. REFERENCES TO DIRECTORS OF THE COMMIS17 SION ON NATIONAL AND COMMUNITY

18 SERVICE.

19 (a) CHAIRPERSON.—

20 (1) Section 159(a) of such Act (as redesignated

21 in section 104(b)(3) of this Act) (42 U.S.C.

22 12653h(b)) is amended—

23 (A) by striking ‘‘BOARD.—The Board’’

24 and inserting ‘‘SUPERVISION.—The Chair25 person’’;
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1 (B) by striking ‘‘the Board’’ in the matter

2 preceding the paragraphs and in paragraph (1)

3 and inserting ‘‘the Chairperson’’; and

4 (C) by striking ‘‘the Director’’ in para5 graph (1) and inserting ‘‘the Board’’.

6 (2) Section 159(b) of such Act (as redesignated

7 in section 104(b)(3) of this Act) (42 U.S.C.

8 12653h(b)) is amended by striking ‘‘(b)’’ and all

9 that follows through ‘‘Director’’ and inserting ‘‘(b)

10 MONITORING AND COORDINATION.—The Chair11 person’’.

12 (3) Section 159(c)(1) (as redesignated in sec13 tion 104(b)(3) of this Act) (12653h(c)(1)) is amend14 ed—

15 (A) in subparagraph (A), by striking ‘‘the

16 Board, in consultation with the Executive Di17 rector,’’ and inserting ‘‘the Chairperson’’; and

18 (B) in subparagraph (B)(iii), by striking

19 ‘‘the Board through the Executive Director’’

20 and inserting ‘‘the Chairperson’’.

21 (4) Section 166 (as redesignated in section

22 104(b)(3) of this Act) (42 U.S.C. 12653o) is amend23 ed—

24 (A) by striking paragraph (6); and
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1 (B) by redesignating paragraphs (7)

2 through (11) as paragraphs (6) through (10),

3 respectively.

4 (b) DIRECTOR OF CIVILIAN COMMUNITY CORPS.—

5 Sections 155(a), 157(b)(1)(A), 158(a), 159(c)(1)(A), and

6 163(a) (in each case, as redesignated in section 104(b)(3)

7 of this Act) of the National and Community Service Act

8 of 1990 (42 U.S.C. 12653d(a), 12653f(b)(1)(A),

9 12653g(a), 12653h(c)(1)(A), and 12653l(a)) are amended

10 by striking ‘‘Director of the Civilian Community Corps’’

11 each place the term appears and inserting ‘‘Director’’.

12 SEC. 406. EFFECTIVE DATE.

13 (a) ACTION.—The amendments made by sections

14 401 and 402 (except subsection (c)(2)) shall take effect

15 on the effective date of section 203.

16 (b) COMMISSION.—The amendments made by section

17 402(c)(2), and sections 403 through 405, will take effect

18 on October 1, 1993.

19 TITLE V—GENERAL PROVISIONS

20 SEC. 501. COMPLIANCE WITH BUY AMERICAN ACT.

21 No funds appropriated pursuant to this Act (includ22 ing the amendments made by this Act) may be expended

23 by an entity unless the entity agrees that in expending

24 the assistance the entity will comply with sections 2
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1 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

2 10c, popularly known as the ‘‘Buy American Act’’).

3 SEC. 502. SENSE OF CONGRESS; REQUIREMENT REGARD4 ING NOTICE.

5 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

6 AND PRODUCTS.—In the case of any equipment or prod7 uct that may be authorized to be purchased with financial

8 assistance provided under this Act (including the amend9 ments made by this Act), it is the sense of the Congress

10 that entities receiving such assistance should, in expending

11 the assistance, purchase only American-made equipment

12 and products.

13 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

14 providing financial assistance under this Act (including

15 the amendments made by this Act), the Secretary of Edu16 cation shall provide to each recipient of the assistance a

17 notice describing the statement made in subsection (a) by

18 the Congress.

19 SEC. 503. PROHIBITION OF CONTRACTS WITH PERSONS

20 FALSELY LABELING PRODUCTS AS MADE IN

21 AMERICA.

22 If it has been finally determined by a court or Federal

23 agency that any person intentionally affixed a label bear24 ing a ‘‘Made in America’’ inscription, or any inscription

25 with the same meaning, to any product sold in or shipped
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1 to the United States that is not made in the United

2 States, the person shall be ineligible to receive any con3 tract or subcontract made with funds appropriated to

4 carry out this Act, pursuant to the debarment, suspension,

5 and ineligibility procedures described in sections 9.400

6 through 9.409 of title 48, Code of Federal Regulations.

7 TITLE VI—LIMITATION ON LIABILITY OF

8 VOLUNTEERS

9 SEC. 601. FINDINGS AND PURPOSE.

10 (a) FINDINGS.—The Congress finds and declares

11 that—

12 (1) within certain States, the willingness of vol13 unteers to offer their services has been increasingly

14 deterred by a perception that they thereby put per15 sonal assets at risk in the event of liability actions

16 against the organization they serve;

17 (2) as a result of this perception, many non18 profit public and private organizations and govern19 mental entities, including voluntary associations, so20 cial service agencies, educational institutions, local

21 governments, foundations, and other civic programs,

22 have been adversely affected through the withdrawal

23 of volunteers from boards of directors and service in

24 other capacities;
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1 (3) the contribution of these programs to their

2 communities is thereby diminished, resulting in

3 fewer and higher cost programs than would be ob4 tainable if volunteers were participating;

5 (4) the efforts of nonprofit organizations, local

6 government, States, and the Federal Government to

7 promote voluntarism, and community and national

8 service, are adversely affected by the withdrawal of

9 volunteers from boards of directors and service in

10 other capacities; and

11 (5) because Federal funds are expended on use12 ful and cost-effective social service programs which

13 depend heavily on volunteer participation, protection

14 of voluntarism through clarification and limitation of

15 the personal liability risks assumed by the volunteer

16 in connection with such participation is an appro17 priate subject for Federal encouragement of State

18 reform.

19 (b) PURPOSE.—The purposes of this title are to pro20 mote programs of community and national service, to pro21 mote the interests of social service program beneficiaries

22 and taxpayers, and to sustain the availability of programs

23 and nonprofit organizations and governmental entities

24 which depend on volunteer contributions, by encouraging

25 reasonable reform of laws to provide protection from per-
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1 sonal financial liability to volunteers serving with non2 profit organizations and governmental entities for actions

3 undertaken in good faith on behalf of such organizations.

4 SEC. 602. NO PREEMPTION OF STATE TORT LAW.

5 Nothing in this title shall be construed to preempt

6 the laws of any State governing tort liability actions.

7 SEC. 603. LIMITATION ON LIABILITY FOR VOLUNTEERS.

8 (a) LIABILITY PROTECTION FOR VOLUNTEERS.—For

9 purposes of satisfying the requirement specified in section

10 129(a)(5) of the National and Community Service Act of

11 1990, and except as provided in subsections (b), (c), and

12 (d), a State shall provide by law that any volunteer of a

13 nonprofit organization or governmental entity shall incur

14 no personal financial liability for any tort claim alleging

15 damage or injury from any act or omission of the volun16 teer on behalf of the organization or entity if—

17 (1) such individual was acting in good faith and

18 within the scope of such individual’s official func19 tions and duties with the organization or entity and

20 such functions and duties are directly connected to

21 the administration of a program described in section

22 122(a); and

23 (2) such damage or injury was not caused by

24 willful and wanton misconduct by such individual.
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1 (b) CONCERNING RESPONSIBILITY OF VOLUNTEERS

2 WITH RESPECT TO ORGANIZATIONS.—Nothing in this

3 section shall be construed to affect any civil action brought

4 by any nonprofit organization or any governmental entity

5 against any volunteer of such organization or entity.

6 (c) NO EFFECT ON LIABILITY OF ORGANIZATION.—

7 Nothing in this section shall be construed to affect the

8 liability of any nonprofit organization or governmental en9 tity with respect to injury caused to any person.

10 (d) EXCEPTIONS TO VOLUNTEER LIABILITY PRO11 TECTION.—A State shall impose the following conditions

12 on and exceptions to the granting of liability protection

13 to any volunteer of an organization or entity required by

14 subsection (a):

15 (1) The organization or entity must adhere to

16 risk management procedures, including mandatory

17 training of volunteers.

18 (2) The organization or entity shall be liable for

19 the acts or omissions of its volunteers to the same

20 extent as an employer is liable, under the laws of

21 that State, for the acts or omissions of its em22 ployees.

23 (3) The protection from liability does not apply

24 if the volunteer was operating a motor vehicle or was
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1 operating a vessel, aircraft, or other vehicle for

2 which a pilot’s license is required.

3 (4) The protection from liability does not apply

4 in the case of a suit brought by an appropriate offi5 cer of a State or local government to enforce a Fed6 eral, State, or local law.

7 (5) The protection from liability shall apply

8 only if the organization or entity provides a finan9 cially secure source of recovery for individuals who

10 suffer injury as a result of actions taken by a volun11 teer on behalf of the organization or entity. A finan12 cially secure source of recovery may be an insurance

13 policy within specified limits, comparable coverage

14 from a risk pooling mechanism, equivalent assets, or

15 alternative arrangements that satisfy the State that

16 the entity will be able to pay for losses up to a speci17 fied amount. Separate standards for different types

18 of liability exposure may be specified.

19 SEC. 604. DEFINITIONS.

20 For purposes of this title—

21 (1) the term ‘‘volunteer’’ means an individual

22 performing services for a nonprofit organization or

23 a governmental entity who does not receive com24 pensation, or any other thing of value in lieu of com25 pensation, for such services (other than reimburse-
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1 ment for expenses actually incurred or honoraria not

2 to exceed $300 per year for government service),

3 and such term includes a volunteer serving as a di4 rector, officer, trustee, or direct service volunteer;

5 (2) the term ‘‘nonprofit organization’’ means

6 any organization described in section 501(c) of the

7 Internal Revenue Code of 1986 and exempt from tax

8 under section 501(a) of such Code;

9 (3) the term ‘‘damage or injury’’ includes phys10 ical, nonphysical, economic, and noneconomic dam11 age; and

12 (4) the term ‘‘State’’ means each of the several

13 States, the District of Columbia, the Commonwealth

14 of Puerto Rico, the Virgin Islands, Guam, American

15 Samoa, the Northern Mariana Islands, any other

16 territory or possession of the United States, or any

17 political subdivision of any such State, territory, or

18 possession.

Passed the House of Representatives July 28, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.

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