I

103D CONGRESS

1ST SESSION H. R. 2010

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.

IN THE HOUSE OF REPRESENTATIVES

MAY 6, 1993

Mr. MARTINEZ (for himself, Mr. FORD of Michigan, Mr. OWENS, Mr. KILDEE,

Mr. CLAY, Mr. MILLER of California, Mr. MURPHY, Mr. WILLIAMS, Mr.

SAWYER, Mr. PAYNE of New Jersey, Mrs. UNSOELD, Mrs. MINK, Mr.

ANDREWS of New Jersey, Mr. REED, Mr. ROEMER, Mr. ENGEL, Mr.

BECERRA, Mr. SCOTT, Mr. GENE GREEN of Texas, Ms. WOOLSEY, Mr.

ROMERO-BARCELO ́, Mr. KLINK, Ms. ENGLISH of Arizona, Mr.

STRICKLAND, Mr. DE LUGO, Mr. FALEOMAVAEGA, Mr. BAESLER, Mr.

UNDERWOOD, Mr. GUNDERSON, Mr. HOEKSTRA, Mr. MCCURDY, Mr.

SHAYS, Mr. ABERCROMBIE, Mr. ACKERMAN, Mr. BACCHUS of Florida,

Mr. BARLOW, Mr. BEILENSON, Mr. BEREUTER, Mr. BERMAN, Mr. BEVILL, Mr. BILBRAY, Mr. BLUTE, Mr. BOUCHER, Mr. BREWSTER, Mr.

BROWDER, Mr. BRYANT, Mr. CARR, Mr. CHAPMAN, Mr. CLEMENT, Mr.

COOPER, Mr. COPPERSMITH, Mr. COSTELLO, Mr. CRAMER, Mr. DARDEN,

Mr. DEAL, Ms. DELAURO, Mr. DERRICK, Mr. DICKEY, Mr. DICKS, Mr.

ENGLISH of Oklahoma, Ms. ESHOO, Mr. FAZIO, Mr. FIELDS of Louisiana, Mr. FILNER, Mr. FISH, Mr. FLAKE, Mr. FRANK of Massachusetts,

Mr. PETE GEREN of Texas, Mr. GILMAN, Mr. GILLMOR, Mr. GORDON,

Mr. HAYES, Mr. HEFNER, Mr. HINCHEY, Mr. HOCHBRUECKNER, Mr.

HOLDEN, Mr. HORN, Mr. HOUGHTON, Mr. HOYER, Mr. HUGHES, Mr.

JEFFERSON, Mr. JOHNSON of Georgia, Mr. KENNEDY, Mrs. KENNELLY,

Mr. KLEIN, Mr. LAFALCE, Mr. LANCASTER, Mr. LANTOS, Mr. LAROCCO,

Mr. LAZIO, Mr. LEACH, Mr. LEWIS of Florida, Mr. LEWIS of Georgia,

Mr. LIPINSKI, Mrs. LLOYD, Mrs. LOWEY, Mr. MCDERMOTT, Mr.

MCHALE, Mr. MACHTLEY, Mrs. MALONEY, Mr. MANTON, Mr. MAZZOLI,

Mr. MENENDEZ, Mr. MFUME, Mr. MOLLOHAN, Mr. MONTGOMERY, Mr.

MORAN, Mrs. MORELLA, Mr. MURTHA, Mr. OBERSTAR, Mr. ORTON, Mr.

PAYNE of Virginia, Ms. PELOSI, Mr. PENNY, Mr. PETERSON of Minnesota, Mr. POSHARD, Mr. PRICE of North Carolina, Mr. RICHARDSON,

Mr. ROSE, Ms. SCHENK, Mr. SERRANO, Ms. SHEPHERD, Mr. SKELTON,

Mr. SLATTERY, Ms. SLAUGHTER, Ms. SNOWE, Mr. SPRATT, Mr. STOKES,

Mr. STUDDS, Mr. STUPAK, Mr. SWETT, Mr. SWIFT, Mr. TANNER, Mr.
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TAUZIN, Mrs. THURMAN, Mr. TORKILDSEN, Mr. TORRES, Mr. UPTON,

Ms. VELA ́ZQUEZ, Mr. VENTO, Mr. VOLKMER, Ms. WATERS, Mr. WATT,

Mr. WAXMAN, Mr. WHEAT, and Mr. WISE) introduced the following bill;

which was referred to the Committee on Education and Labor

A BILL

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

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.

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.
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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.

TITLE III—REAUTHORIZATION

Subtitle A—National and Community Service Act of 1990

Sec. 301. Authorization of appropriations.

Subtitle B—Domestic Volunteer Service Act of 1973

Sec. 311. Short title; references.

CHAPTER 1—VISTA AND OTHER ANTI-POVERTY PROGRAMS

Sec. 321. Purpose of the VISTA program.

Sec. 322. Selection and assignment of VISTA volunteers.

Sec. 323. Terms and periods of service.

Sec. 324. Support for VISTA volunteers.

Sec. 325. Participation of younger and older persons.

Sec. 326. Literacy activities.

Sec. 327. Applications for assistance.

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

Sec. 329. University year for VISTA.

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

Sec. 331. Technical and financial assistance.

Sec. 332. Elimination of separate authority for drug abuse programs.

CHAPTER 2—NATIONAL SENIOR VOLUNTEER CORPS

Sec. 341. National Senior Volunteer Corps.

Sec. 342. The Retired and Senior Volunteer Program.

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

Sec. 344. Services under the Foster Grandparent Program.

Sec. 345. Stipends for low-income volunteers.

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

Sec. 347. Conditions of grants and contracts.

Sec. 348. Evaluation of the Senior Companion Program.

Sec. 349. Agreements with other Federal agencies.

Sec. 350. Programs of national significance.

Sec. 351. Adjustments to Federal financial assistance.

Sec. 352. Demonstration programs.

CHAPTER 3—ADMINISTRATION

Sec. 361. Purpose of agency.
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Sec. 362. Authority of the Director.

Sec. 363. Compensation for volunteers.

Sec. 364. Repeal of report.

Sec. 365. Application of Federal law.

Sec. 366. Evaluation of programs.

Sec. 367. Nondiscrimination provisions.

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

Sec. 369. Clarification of role of Inspector General.

Sec. 370. Copyright protection.

Sec. 371. Center for research and training.

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

CHAPTER 4—AUTHORIZATION OF APPROPRIATIONS AND OTHER

AMENDMENTS

Sec. 381. Authorization of appropriations for title I.

Sec. 382. Authorization of appropriations for title II.

Sec. 383. Authorization of appropriations for title IV.

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

Sec. 385. Repeal of authority.

CHAPTER 5—GENERAL PROVISIONS

Sec. 391. Technical and conforming amendments.

Sec. 392. Effective date.

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.

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.
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1 ‘‘(2) Americans desire to affirm common re2 sponsibilities and shared values that transcend race,

3 religion, or region.

4 ‘‘(3) The rising costs of post-secondary edu5 cation are putting higher education out of reach for

6 an increasing number of citizens.

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

8 communities and become better citizens through

9 service to the United States.

10 ‘‘(5) Nonprofit organizations, local govern11 ments, States, and the Federal Government are al12 ready supporting a wide variety of national service

13 programs that deliver needed services in a cost-effec14 tive manner.

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

16 ‘‘(1) meet the unmet human, educational, envi17 ronmental, and public safety needs of the United

18 States, without displacing existing workers;

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

20 the spirit of community throughout the United

21 States;

22 ‘‘(3) expand educational opportunity by reward23 ing individuals who participate in national service

24 with an increased ability to pursue higher education

25 or job training;
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1 ‘‘(4) encourage citizens of the United States,

2 regardless of age or income, to engage in full-time

3 or part-time national service;

4 ‘‘(5) reinvent government to eliminate duplica5 tion, support locally established initiatives, require

6 measurable goals for performance, and offer flexibil7 ity in meeting those goals;

8 ‘‘(6) build on the existing organizational service

9 infrastructure of Federal, State, and local programs

10 and agencies to expand full-time and part-time serv11 ice opportunities for all citizens; and

12 ‘‘(7) provide tangible benefits to the commu13 nities in which national service is performed.’’.

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 item

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

‘‘Sec. 2. Findings and purpose.’’.

18 TITLE I—PROGRAMS AND

19 RELATED PROVISIONS

20 Subtitle A—Programs

21 SEC. 101. FEDERAL INVESTMENT IN SUPPORT OF NA22 TIONAL SERVICE.

23 (a) ASSISTANCE PROGRAM AUTHORIZED.—Subtitle

24 C of title I of the National and Community Service Act
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1 of 1990 (42 U.S.C. 12541 et seq.) is amended to read

2 as follows:

3 ‘‘Subtitle C—National Service Trust

4 Program

5 ‘‘PART I—INVESTMENT IN NATIONAL SERVICE

6 ‘‘SEC. 121. AUTHORITY TO PROVIDE ASSISTANCE AND AP7 PROVED NATIONAL SERVICE POSITIONS.

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

9 for National Service may make grants to States, subdivi10 sions of States, Indian tribes, public and private not-for11 profit organizations, and institutions of higher education

12 for the purpose of assisting the recipients of the grants—

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

14 service programs, including summer programs, de15 scribed in section 122(a); and

16 ‘‘(2) to make grants in support of other na17 tional service programs described in section 122(a)

18 that are carried out by other entities.

19 ‘‘(b) AGREEMENTS WITH FEDERAL AGENCIES.—The

20 Corporation may enter into a contract or cooperative

21 agreement with another Federal agency to support a na22 tional service program carried out by the agency. The sup23 port provided by the Corporation pursuant to the contract

24 or cooperative agreement may include the transfer to the

25 Federal agency of funds available to the Corporation
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1 under this subtitle. A Federal agency receiving assistance

2 under this subsection shall not be required to satisfy the

3 matching funds requirements specified in subsection (e).

4 However, the supplementation requirements specified in

5 section 173 shall apply with respect to the Federal na6 tional service programs supported with such assistance.

7 ‘‘(c) PROVISION OF APPROVED NATIONAL SERVICE

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

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

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

11 educational awards described in subtitle D for the

12 participants who serve in national service programs

13 carried out using such assistance; and

14 ‘‘(2) deposit in the National Service Trust es15 tablished in section 145(a) an amount equal to the

16 product of—

17 ‘‘(A) the value of a national service edu18 cational award under section 147; and

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

20 service positions to be provided.

21 ‘‘(d) FIVE PERCENT LIMITATION ON ADMINISTRA22 TIVE COSTS.—

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

24 the amount of assistance provided to the original re25 cipient of a grant or transfer of assistance under
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1 subsection (a) or (b) for a fiscal year may be used

2 to pay for administrative costs incurred by—

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

4 ‘‘(B) national service programs carried out

5 or supported with the assistance.

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

7 rule prescribe the manner and extent to which—

8 ‘‘(A) assistance provided under subsection

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

10 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 of the grant

15 or transfer of assistance under such sub16 section; and

17 ‘‘(ii) national service programs carried

18 out or supported with the assistance.

19 ‘‘(e) MATCHING FUNDS REQUIREMENTS.—

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

21 section 140, the Federal share of the cost of carry22 ing out a national service program that receives the

23 assistance under subsection (a), whether the assist24 ance is provided directly or as a subgrant from the
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1 original recipient of the assistance, may not exceed

2 75 percent of such cost.

3 ‘‘(2) CALCULATION.—In providing for the re4 maining share of the cost of carrying out a national

5 service program, the program—

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

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

8 including facilities, equipment, or services; and

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

10 State sources, local sources, or other Federal

11 sources (other than the use of funds made

12 available under the national service laws).

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

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

15 with respect to a national service program in any fis16 cal year if the Corporation determines that such a

17 waiver would be equitable due to a lack of available

18 financial resources at the local level.

19 ‘‘SEC. 122. TYPES OF NATIONAL SERVICE PROGRAMS ELIGI20 BLE FOR PROGRAM ASSISTANCE.

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

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

23 Federal agency receiving assistance under section 121(b)

24 shall use the assistance, directly or through subgrants to

25 other entities, to carry out full- or part-time national serv-
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1 ice programs, including summer programs, that address

2 unmet human, educational, environmental, or public safe3 ty needs. Subject to subsection (b)(1), these national serv4 ice programs may include the following types of national

5 service programs:

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

7 unmet human, educational, environmental, or public

8 safety needs and promotes greater community unity

9 through the use of organized teams of participants

10 of varied social and economic backgrounds, skill lev11 els, physical capabilities, ages, ethnic backgrounds,

12 or genders.

13 ‘‘(2) A youth corps program, such as a con14 servation corps or youth service corps (including a

15 conservation corps or youth service corps that per16 forms service on Federal or other public lands or on

17 Indian lands), that—

18 ‘‘(A) undertakes meaningful full-time serv19 ice projects with visible benefits to a commu20 nity, including natural resource, urban renova21 tion, or human services projects;

22 ‘‘(B) includes as participants youths and

23 young adults between the ages of 16 and 25, in24 clusive, including out-of-school youths and other
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1 disadvantaged youths who are between those

2 ages; and

3 ‘‘(C) provides those participants who are

4 youths and young adults with—

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

6 and adult-supervised work experience, life

7 skills, education, career guidance and

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

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

12 their community and the United States.

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

15 individuals after such training in positions, including

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

18 under part I subtitle B.

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

21 public safety needs and that—

22 ‘‘(A) recruits individuals with special skills

23 or provides specialized preservice training to en24 able participants to be placed individually or in
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1 teams in positions in which the participants can

2 meet such unmet needs; and

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

5 foster civic responsibility, increase the skills of

6 participants, and improve the quality of the

7 service provided.

8 ‘‘(5) An individualized placement program that

9 includes regular group activities, such as leadership

10 training and special service projects.

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

12 to provide substantial service in a community during

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

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

17 supported by work-study funds under part C of

18 title IV of the Higher Education Act of 1965

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

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

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

22 such students and community residents.

23 ‘‘(7) A preprofessional training program in

24 which students enrolled in an institution of higher

25 education—
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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 and places qualified participants in positions—

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

15 early childhood development staff, or other pro16 fessionals providing service to meet educational,

17 human, environmental, or public safety needs in

18 communities with an inadequate number of

19 such professionals;

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

21 the maximum living allowance authorized in

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

23 subsection (c) of such section; and

24 ‘‘(C) that are sponsored by public or pri25 vate not-for-profit employers who agree to pay
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1 100 percent of the salaries and benefits (other

2 than any national service educational award

3 under subtitle D) of the participants.

4 ‘‘(9) A program in which economically dis5 advantaged individuals who are between the ages of

6 16 and 24 years of age, inclusive, are provided with

7 opportunities to perform service that, while enabling

8 such individuals to obtain the education and employ9 ment skills necessary to achieve economic self-suffi10 ciency, will help their communities meet—

11 ‘‘(A) the housing needs of low-income fam12 ilies and the homeless; and

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

14 low-income areas.

15 ‘‘(10) A national service entrepreneur program

16 that identifies, recruits, and trains gifted young

17 adults of all backgrounds and assists them in de18 signing solutions to community problems.

19 ‘‘(11) An intergenerational program that com20 bines students, out-of-school youths, and older

21 adults as participants to provide needed community

22 services.

23 ‘‘(12) Such other national service programs ad24 dressing unmet human, educational, environmental,
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1 or public safety needs as the Corporation may des2 ignate.

3 ‘‘(b) QUALIFICATION CRITERIA TO DETERMINE ELI4 GIBILITY.—

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

6 Corporation shall establish qualification criteria for

7 different types of national service programs for the

8 purpose of determining whether a particular national

9 service program should be considered to be a na10 tional service program eligible to receive assistance

11 or approved national service positions under this

12 subtitle.

13 ‘‘(2) CONSULTATION.—In establishing qualifica14 tion criteria under paragraph (1), the Corporation

15 shall consult with organizations and individuals who

16 are experts regarding national service or regarding

17 the delivery of human, educational, environmental,

18 or public safety services to communities or persons.

19 ‘‘(3) APPLICATION TO SUBGRANTS.—The quali20 fication criteria established by the Corporation under

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

22 assistance under section 121(a) that uses any por23 tion of the assistance to conduct a grant program to

24 support other national service programs.

25 ‘‘(c) NATIONAL SERVICE PRIORITIES.—
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1 ‘‘(1) ESTABLISHMENT BY CORPORATION.—In

2 order to concentrate national efforts on meeting cer3 tain unmet human, educational, environmental, or

4 public safety needs and to achieve the other pur5 poses of this Act, the Corporation may establish,

6 and periodically alter, priorities regarding the types

7 of national service programs to be assisted under

8 section 121 and the purposes for which such assist9 ance may be used.

10 ‘‘(2) NOTICE TO APPLICANTS.—The Corpora11 tion shall provide advance notice to potential appli12 cants of any national service priorities to be in effect

13 under this subsection for a fiscal year. The notice

14 shall specifically include—

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

16 in the priorities since the previous notice; and

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

18 programs that are designated by the Corpora19 tion under section 133(d)(2) as eligible for pri20 ority consideration in the next competitive dis21 tribution of assistance under section 121(a).

22 ‘‘(3) APPLICATION TO SUBGRANTS.—Any na23 tional service priorities established by the Corpora24 tion under this subsection shall also be used by each

25 recipient of funds under section 121(a) that uses
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1 any portion of the assistance to conduct a grant pro2 gram to support other national service programs.

3 ‘‘SEC. 123. TYPES OF NATIONAL SERVICE POSITIONS ELIGI4 BLE FOR APPROVAL FOR NATIONAL SERVICE

5 EDUCATIONAL AWARDS.

6 ‘‘The Corporation may approve of any of the follow7 ing service positions as an approved national service posi8 tion that includes the national service educational award

9 described in subtitle D as one of the benefits to be pro10 vided for successful service in the position:

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

12 service program described in section 122(a) that re13 ceives assistance under subsection (a) or (b) of sec14 tion 121.

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

16 that—

17 ‘‘(A) is carried out by a State, a subdivi18 sion of a State, an Indian tribe, a public or pri19 vate not-for-profit organization, an institution

20 of higher education, or a Federal agency; and

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

22 under section 121(a), based on criteria estab23 lished by the Corporation, but has not applied

24 for such assistance.
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1 ‘‘(3) A position involving service as a VISTA

2 volunteer under title I of the Domestic Volunteer

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

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

5 program described in section 122(a)(3) that is eligi6 ble for assistance under part I of subtitle B.

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

8 Community Corps under subtitle E.

9 ‘‘(6) A position involving service as a crew lead10 er in a youth corps program or a similar position

11 supporting a national service program that receives

12 an approved national service position.

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

14 the Corporation considers to be appropriate.

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

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

17 provide assistance under section 121 to a qualified appli18 cant that submits an application under section 130 for the

19 planning of a national service program. Assistance pro20 vided in accordance with this subsection may cover a pe21 riod of not more than 1 year.

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

23 may provide assistance under section 121 to a qualified

24 applicant that submits an application under section 130

25 for the establishment, operation, or expansion of a na-
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1 tional service program. Assistance provided in accordance

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

3 3 years, but may be renewed by the Corporation upon con4 sideration of a new application under section 130.

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

6 may provide assistance under section 121 to a qualified

7 applicant that submits an application under section 130

8 for the expansion of a proven national service program to

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

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

13 130.

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

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

18 support other national service programs.

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

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

21 conduct, directly or by grant or contract, appropriate

22 training programs regarding national service in order to—

23 ‘‘(1) improve the ability of national service pro24 grams assisted under section 121 to meet human,
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1 educational, environmental, or public safety needs in

2 communities—

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

4 ‘‘(B) where programs do not currently

5 exist or are currently too limited to meet com6 munity needs;

7 ‘‘(2) promote leadership development in such

8 programs;

9 ‘‘(3) improve the instructional and pro10 grammatic quality of such programs to build an

11 ethic of civic responsibility;

12 ‘‘(4) develop the management and budgetary

13 skills of program operators; and

14 ‘‘(5) provide for or improve the training pro15 vided to the participants in such programs.

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

17 may make appropriate technical assistance available to

18 States, labor organizations, organizations operated by

19 young adults, and other entities described in section 121

20 that desire—

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

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

23 or under a grant program conducted using assist24 ance provided under such section.
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1 ‘‘SEC. 126. OTHER SPECIAL ASSISTANCE.

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

3 ‘‘(1) ASSISTANCE AUTHORIZED.—The Corpora4 tion may make assistance available to assist a State

5 to establish or operate the State Commission on Na6 tional Service required to be established by the State

7 under section 178.

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

9 assistance that may be provided to a State Commis10 sion under this subsection, together with other Fed11 eral funds available to establish or operate the State

12 Commission, may not exceed—

13 ‘‘(A) 85 percent of the total cost to estab14 lish or operate the State Commission for the

15 first year for which the State Commission re16 ceives assistance under this subsection; and

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

18 as the Corporation may establish for the sec19 ond, third, and fourth years of such assistance

20 in order to ensure that the Federal share does

21 not exceed 50 percent of such costs for the fifth

22 year, and any subsequent year, for which the

23 State Commission receives assistance under this

24 subsection.

25 ‘‘(b) DISASTER SERVICE.—The Corporation may un26 dertake activities to involve youth corps programs de-
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1 scribed in section 122(a)(2) and other programs that re2 ceive assistance under the national service laws in disaster

3 relief efforts.

4 ‘‘(c) CHALLENGE GRANTS FOR NATIONAL SERVICE

5 PROGRAMS.—

6 ‘‘(1) ASSISTANCE AUTHORIZED.—The Corpora7 tion may make challenge grants under this sub8 section to a national service program that receives

9 assistance under section 121. The Corporation shall

10 develop criteria for the selection of challenge grant

11 recipients so as to make the grants widely available

12 to a variety of high-quality national service pro13 grams.

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

15 grant under this subsection may provide not more

16 than $1 of assistance under this subsection for each

17 $1 in cash raised by the national service program

18 from private sources in excess of amounts required

19 to be provided by the program to satisfy matching

20 funds requirements under section 121(e). The Cor21 poration shall establish a ceiling on the amount of

22 assistance that may be provided to a national service

23 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.—Of the funds allocated by the Corporation

10 for provision of assistance under subsections (a) and

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

12 shall make a grant under section 121(a) (and a cor13 responding allotment of approved national service

14 positions) to each of the several States, the District

15 of Columbia, and the Commonwealth of Puerto Rico

16 that has an application approved by the Corporation

17 under section 133. The amount allotted as a grant

18 to each such State under this paragraph for a fiscal

19 year shall be equal to the amount that bears the

same ratio to 331 20 ⁄3 percent of the allocated funds for

21 that fiscal year as the population of the State bears

22 to the total population of the several States, the Dis23 trict of Columbia, and the Commonwealth of Puerto

24 Rico.

25 ‘‘(2) ONE PERCENT ALLOTMENT OF ASSIST26 ANCE.—Of the funds allocated by the Corporation
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1 for provision of assistance under subsections (a) and

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

3 shall reserve 1 percent of the allocated funds for

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

5 Virgin Islands, Guam, American Samoa, and the

6 Commonwealth of the Northern Mariana Islands, to

7 be allotted by the Corporation on a competitive basis

8 in accordance with their respective needs. Palau

9 shall also be eligible for a grant under this para10 graph from the 1 percent allotment until such time

11 as the Compact of Free Association with Palau is

12 ratified.

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

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

15 give notice to the Corporation of its intent to apply

16 for, an allotment under this subsection, the Corpora17 tion shall use the amount that would have been al18 lotted under this subsection to the State or Indian

19 tribe—

20 ‘‘(A) to make grants (and provide ap21 proved national service positions in connection

22 with such grants) to other eligible entities

23 under section 121 that propose to carry out na24 tional service programs in the State or on be25 half of the Indian tribe; and
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1 ‘‘(B) after making grants under paragraph

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

3 Indian tribes with approved applications under

4 section 130.

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

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

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

8 each individual selected during a fiscal year for as9 signment as a VISTA volunteer under title I of the

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

11 4951 et seq.) or as a participant in the Civilian

12 Community Corps Demonstration Program under

13 subtitle E shall receive the national service edu14 cational award described in subtitle D if the individ15 ual satisfies the eligibility requirements for the

16 award. Funds for approved national service positions

17 required by this paragraph for a fiscal year shall be

18 deducted from the total funding for approved na19 tional service positions to be available for distribu20 tion under subsections (a) and (d) for that fiscal

21 year.

22 ‘‘(2) EXCEPTION.—If the total number of ap23 proved national service positions to be available for

24 distribution under subsections (a) and (d) for a fis25 cal year does not exceed 200 percent of the number
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1 of such positions that would be required to satisfy

2 paragraph (1) for that fiscal year, the Corporation

3 shall not reserve the national service educational

4 award for individuals described in such paragraph

5 who are selected during that fiscal year.

6 ‘‘(c) RESERVATION FOR SPECIAL ASSISTANCE.—

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

8 Corporation for provision of assistance under subsections

9 (a) and (b) of section 121 for a fiscal year, the Corpora10 tion may reserve such amount as the Corporation consid11 ers to be appropriate for the purpose of making assistance

12 available under sections 125 and 126. However, the Cor13 poration may not reserve more than $10,000,000 for a

14 fiscal year for challenge grants under section 126(c).

15 ‘‘(d) COMPETITIVE DISTRIBUTION OF REMAINING

16 FUNDS AND APPROVED POSITIONS.—

17 ‘‘(1) STATE COMPETITION.—Of the funds allo18 cated by the Corporation for provision of assistance

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

20 fiscal year, the Corporation shall use not less than

331 21 ⁄3 percent of the allocated funds to make grants

22 to States on a competitive basis under section

23 121(a).

24 ‘‘(2) FEDERAL AGENCIES AND OTHER APPLI25 CANTS.—The Corporation shall distribute on a com-
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1 petitive basis to subdivisions of States, Indian tribes,

2 public and private not-for-profit organizations (in3 cluding labor organizations), institutions of higher

4 education, and Federal agencies the remainder of

5 the funds allocated by the Corporation for provision

6 of assistance under section 121 for a fiscal year,

7 after operation of paragraph (1) and subsections (a)

8 and (c).

9 ‘‘(3) LIMITATIONS.—The Corporation may limit

10 the categories of eligible applicants for assistance

11 under paragraph (2) consistent with the priorities

12 established by the Corporation under section

13 133(d)(2).

14 ‘‘(e) APPLICATION REQUIRED.—The allotment of as15 sistance and approved national service positions to a State

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

17 distribution of assistance and approved national service

18 positions under subsection (d), shall be made by the Cor19 poration only pursuant to an application submitted by a

20 State or other applicant under section 130 and approved

21 by the Corporation under section 133.

22 ‘‘(f) DISTRIBUTION OF APPROVED POSITIONS SUB23 JECT TO AVAILABLE FUNDS.—The Corporation may not

24 distribute approved national service positions under this

25 section for a fiscal year in excess of the number of such
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1 positions for which the Corporation has sufficient available

2 funds in the National Service Trust for that fiscal year

3 to satisfy the maximum possible obligations to be incurred

4 by the United States to provide the national service edu5 cational award corresponding to service in these positions.

6 ‘‘(g) SPONSORSHIP OF APPROVED NATIONAL SERV7 ICE POSITIONS.—

8 ‘‘(1) SPONSORSHIP AUTHORIZED.—The Cor9 poration may enter into agreements with persons or

10 entities who offer to sponsor national service posi11 tions for which the person or entity will be respon12 sible for supplying the funds necessary to provide a

13 national service educational award. The distribution

14 of these approved national service positions shall be

15 made pursuant to the agreement, and the creation

16 of these positions shall not be taken into consider17 ation in determining the number of approved na18 tional service positions to be available for distribu19 tion under this section.

20 ‘‘(2) DEPOSIT OF CONTRIBUTION.—Funds pro21 vided pursuant to an agreement under paragraph

22 (1) and any other funds contributed to the Corpora23 tion to support the activities of the Corporation

24 under the national service laws shall be deposited in
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1 the National Service Trust established in section

2 145 until such time as the funds are needed.

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

4 NATIONAL SERVICE POSITIONS.

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

7 121 and approved national service positions for partici8 pants who serve in the national service programs to be

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

10 a State, Indian tribe, public or private not-for-profit orga11 nization, institution of higher education, or Federal agen12 cy shall prepare and submit to the Corporation an applica13 tion at such time, in such manner, and containing such

14 information as the Corporation may reasonably require.

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

16 order to have adequate information upon which to consider

17 an application under section 133, the Corporation may re18 quire the following information to be provided in an appli19 cation submitted under subsection (a):

20 ‘‘(1) A description of the national service pro21 grams proposed to be carried out directly by the ap22 plicant using assistance provided under section 121.

23 ‘‘(2) A description of the national service pro24 grams that are selected by the applicant to receive

25 a grant from assistance requested under section 121
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1 and a description of the process and criteria by

2 which the programs were selected.

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

4 be used, or sought to be used, for the national serv5 ice programs referred to in paragraphs (1) and (2),

6 and, if the application is submitted for the purpose

7 of seeking a renewal of assistance, a description of

8 the success of the programs in reducing their reli9 ance on Federal funds.

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

11 projects to be conducted using the assistance will ad12 dress unmet human, educational, environmental, or

13 public safety needs and produce a direct benefit for

14 the community in which the projects are performed.

15 ‘‘(5) A description of the plan to be used to re16 cruit participants, including economically disadvan17 taged youth, for the national service programs re18 ferred to in paragraphs (1) and (2).

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

20 national service programs referred to in paragraphs

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

22 Federal programs;

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

24 national service programs referred to in paragraphs

25 (1) and (2) will involve participants—
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1 ‘‘(A) in projects that build an ethic of civic

2 responsibility and produce a positive change in

3 the lives of participants through training and

4 participation in meaningful service experiences

5 and opportunities for reflection on such experi6 ences; and

7 ‘‘(B) in leadership positions in implement8 ing and evaluating the program.

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

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

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

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

13 unmet human, educational, environmental, or

14 public safety needs; and

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

16 to participants in the programs.

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

18 which the national service programs referred to in

19 paragraphs (1) and (2) conform to the national serv20 ice priorities established by the Corporation under

21 section 122(c).

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

23 the applicant in operating a comparable program or

24 in conducting a grant program in support of other

25 comparable programs.
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1 ‘‘(11) A description of the type and number of

2 proposed service positions in which participants will

3 receive the national service educational award de4 scribed in subtitle D and a description of the man5 ner in which approved national service positions will

6 be apportioned by the applicant.

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

8 to which participants, representatives of the commu9 nity served, community-based agencies with a dem10 onstrated record of experience in providing services,

11 and labor organizations contributed to the develop12 ment of the national service programs referred to in

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

14 individual representing the labor organization who

15 was consulted and the nature of the consultation.

16 ‘‘(13) Such other information as the Corpora17 tion may reasonably require.

18 ‘‘(c) APPLICATION TO RECEIVE ONLY APPROVED

19 NATIONAL SERVICE POSITIONS.—

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

21 subsection shall apply in the case of an application

22 in which—

23 ‘‘(A) the applicant is not seeking assist24 ance under subsection (a) or (b) of section 121,

25 but requests national service educational
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1 awards for individuals serving in service posi2 tions described in section 123; or

3 ‘‘(B) the applicant requests national serv4 ice educational awards for service positions de5 scribed in section 123, but the positions are not

6 positions in a national service program de7 scribed in section 122(a) for which assistance

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

9 section 121.

10 ‘‘(2) SPECIAL APPLICATION REQUIREMENTS.—

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

12 Corporation shall establish special application re13 quirements in order to determine—

14 ‘‘(A) whether the service positions meet

15 unmet human, educational, environmental, or

16 public safety needs and meet the criteria for as17 sistance under this subtitle; and

18 ‘‘(B) whether the Corporation should ap19 prove the positions as approved national service

20 positions that include the national service edu21 cational award described in subtitle D as one of

22 the benefits to be provided for successful service

23 in the position.

24 ‘‘(d) SPECIAL RULE FOR STATE APPLICANTS.—
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1 ‘‘(1) SUBMISSION BY STATE COMMISSION.—The

2 application of a State for approved national service

3 positions or for a grant under section 121(a) shall

4 be submitted by the State Commission.

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

7 assistance provided under section 121(a) to the

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

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

12 The application of a State shall also contain an as13 surance that not less than 60 percent of the assist14 ance will be used to make grants in support of na15 tional service programs other than national service

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

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

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

23 as the service sponsor, the application shall include the

24 written concurrence of any local labor organization rep25 resenting employees of the applicant who are engaged in
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1 the same or substantially similar work as that proposed

2 to be carried out.

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

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

6 be conducted using assistance requested by the applicant

7 is already described in another application pending before

8 the Corporation.

9 ‘‘SEC. 131. NATIONAL SERVICE PROGRAM ASSISTANCE

10 REQUIREMENTS.

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

13 the applicant that any national service program carried

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

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

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

19 that provide a direct benefit to the community in

20 which the service is preformed; and

21 ‘‘(2) comply with the nonduplication and

22 nondisplacement requirements of section 177.

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

24 submitted under section 130 shall also include an assur25 ance by the applicant that any national service program
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1 carried out by the applicant using assistance provided

2 under section 121 and any national service program sup3 ported by a grant made by the applicant using such assist4 ance will—

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

6 program with the training, skills, and knowledge

7 necessary for the projects that participants are

8 called upon to perform; and

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

10 such as the provision of appropriate information and

11 support—

12 ‘‘(A) to those participants who are com13 pleting a term of service and making the transi14 tion to other educational and career opportuni15 ties; and

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

17 dropouts in order to assist those participants in

18 earning the equivalent of a high school diploma.

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

20 under section 130 shall also include an assurance by the

21 applicant that any national service program carried out

22 by the applicant using assistance provided under section

23 121 and any national service program supported by a

24 grant made by the applicant using such assistance will—
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1 ‘‘(1) provide in the design, recruitment, and op2 eration of the program for broad-based input from

3 the community served, community-based agencies

4 with a demonstrated record of experience in provid5 ing services, and local labor organizations represent6 ing employees of service sponsors;

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;
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1 ‘‘(B) develop measurable performance

2 goals and evaluation methods (such as the use

3 of surveys of participants and persons served),

4 which are to be used as part of such evaluation

5 to determine the impact of the program—

6 ‘‘(i) on communities and persons

7 served by the projects performed by the

8 program;

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

10 the projects; and

11 ‘‘(iii) in such other areas as the Cor12 poration may require; and

13 ‘‘(C) cooperate with any evaluation activi14 ties undertaken by the Corporation.

15 ‘‘(2) ALTERNATIVE EVALUATION REQUIRE16 MENTS.—The Corporation may establish alternative

17 evaluation requirements for national service pro18 grams based upon the amount of assistance received

19 under section 121 or received by a grant made by

20 a recipient of assistance under such section. The de21 termination of whether a national service program is

22 covered by this paragraph shall be made in such

23 manner as the Corporation may prescribe.

24 ‘‘(e) LIVING ALLOWANCES AND OTHER INSERVICE

25 BENEFITS.—Except as provided in section 140(c), an ap-
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1 plication submitted under section 124 shall also include

2 an assurance by the applicant that the applicant will—

3 ‘‘(1) provide a living allowance and other bene4 fits specified in section 140 to participants in any

5 national service program carried out by the appli6 cant using assistance provided under section 121;

7 and

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

9 that receives a grant from the applicant using such

10 assistance will also provide a living allowance and

11 other benefits specified in section 140 to participants

12 in the program.

13 ‘‘(f) SELECTION OF PARTICIPANTS FROM INDIVID14 UALS RECRUITED BY CORPORATION OR STATE COMMIS15 SIONS.—The Corporation may also require an assurance

16 by the applicant that any national service program carried

17 out by the applicant using assistance provided under sec18 tion 121 and any national service program supported by

19 a grant made by the applicant using such assistance will

20 select a portion of the participants for the program from

21 among prospective participants recruited by the Corpora22 tion or State Commissions under section 138(d). The Cor23 poration may specify a minimum percentage of partici24 pants to be selected from the national leadership pool es-
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1 tablished under section 138(e) and may vary the percent2 age for different types of national service programs.

3 ‘‘SEC. 132. INELIGIBLE SERVICE CATEGORIES.

4 ‘‘An application submitted to the Corporation under

5 section 130 shall include an assurance by the applicant

6 that any national service program carried out using assist7 ance provided under section 121 and any approved na8 tional service position provided to an applicant will not be

9 used to perform service that provides a direct benefit to

10 any—

11 ‘‘(1) business organized for profit;

12 ‘‘(2) labor union;

13 ‘‘(3) partisan political organization; or

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

15 unless such service does not involve the use of assist16 ance provided under section 121 or participants to

17 give religious instruction, conduct worship services,

18 or engage in any form of proselytization.

19 ‘‘SEC. 133. CONSIDERATION OF APPLICATIONS.

20 ‘‘(a) CORPORATION CONSIDERATION OF CERTAIN

21 CRITERIA.—The Corporation shall apply the criteria de22 scribed in subsections (c) and (d) in determining wheth23 er—
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1 ‘‘(1) to approve an application submitted under

2 section 130 and provide assistance under section

3 121 to the applicant; and

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

5 the application as national service positions that in6 clude the national service educational award de7 scribed in subtitle D and provide such approved na8 tional service positions to the applicant.

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

10 other entity that uses assistance provided under section

11 121(a) to support national service programs selected on

12 a competitive basis to receive a share of the assistance

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

14 when considering an application submitted by a national

15 service program to receive a portion of such assistance or

16 an approved national service position. The application of

17 the State or other entity under section 130 shall contain

18 a certification that the State or other entity complied with

19 these criteria in the selection of national service programs

20 to receive assistance.

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

22 to be applied in evaluating applications submitted under

23 section 130 are as follows:
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1 ‘‘(1) The quality of the national service pro2 gram proposed to be carried out directly by the ap3 plicant or supported by a grant from the applicant.

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

5 service program, and the feasibility of replicating the

6 program.

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

8 program, based on evidence such as the existence—

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

10 support for the program; and

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

12 funding for the program.

13 ‘‘(4) The quality of the leadership of the na14 tional service program, the past performance of the

15 program, and the extent to which the program

16 builds on existing programs.

17 ‘‘(5) The extent to which participants of the na18 tional service program are recruited from among

19 residents of the communities in which projects are to

20 be conducted, and the extent to which participants

21 and community residents are involved in the design,

22 leadership, and operation of the program.

23 ‘‘(6) The extent to which projects would be con24 ducted in areas where they are needed most, such

25 as—
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1 ‘‘(A) communities designated as enterprise

2 zones or redevelopment areas, targeted for spe3 cial economic incentives, or otherwise identifi4 able as having high concentrations of low-in5 come people;

6 ‘‘(B) areas that are environmentally dis7 tressed; or

8 ‘‘(C) areas adversely affected by reductions

9 in defense spending or the closure or realign10 ment of military installations.

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

12 States, the extent to which the application is consist13 ent with the application under section 130 of the

14 State in which the projects would be conducted.

15 ‘‘(8) Such other criteria as the Corporation con16 siders to be appropriate.

17 ‘‘(d) OTHER CONSIDERATIONS.—

18 ‘‘(1) GEOGRAPHIC DIVERSITY.—The Corpora19 tion shall ensure that recipients of assistance pro20 vided under section 121 are geographically diverse

21 and include projects to be conducted in those urban

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

23 poverty.

24 ‘‘(2) PRIORITIES.—The Corporation may des25 ignate, under such criteria as may be established by
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1 the Corporation, certain national service programs

2 or types of national service programs described in

3 section 122(a) for priority consideration in the com4 petitive distribution of funds under section

5 129(d)(2). In designating national service programs

6 to receive priority, the Corporation may include—

7 ‘‘(A) national service programs carried out

8 by another Federal agency;

9 ‘‘(B) national service programs that con10 form to the national service priorities in effect

11 under section 122(c);

12 ‘‘(C) innovative national service programs;

13 ‘‘(D) national service programs that are

14 well established in one or more States at the

15 time of the application and are proposed to be

16 expanded to additional States using assistance

17 provided under section 121;

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

19 national service programs if the grant programs

20 are to be conducted by not-for-profit organiza21 tions with a demonstrated and extensive exper22 tise in the provision of services to meet human,

23 educational, environmental, or public safety

24 needs; and
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1 ‘‘(F) professional corps programs described

2 in section 122(a)(8).

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

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

5 the Corporation rejects an application submitted by

6 a State Commission under section 130 for funds de7 scribed in section 129(a)(1), the Corporation shall

8 promptly notify the State Commission of the reasons

9 for the rejection of the application.

10 ‘‘(2) RESUBMISSION AND RECONSIDERATION.—

11 The Corporation shall provide a State Commission

12 notified under paragraph (1) with a reasonable op13 portunity to revise and resubmit the application. At

14 the request of the State Commission, the Corpora15 tion shall provide technical assistance to the State

16 Commission as part of the resubmission process.

17 The Corporation shall promptly reconsider an appli18 cation resubmitted under this paragraph.

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

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

21 year that the Corporation determines will not be

22 provided for that fiscal year shall be available for

23 distribution by the Corporation as provided in para24 graph (3) of such subsection.
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1 ‘‘PART III—NATIONAL SERVICE PARTICIPANTS

2 ‘‘SEC. 137. DESCRIPTION OF PARTICIPANTS.

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

4 individual shall be considered to be a participant in a na5 tional service program carried out using assistance pro6 vided under section 121 if the individual—

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

8 be established by the program;

9 ‘‘(2) is selected by the program to serve in a po10 sition with the program;

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

12 service specified in section 139 to be performed be13 fore, during, or after attendance at an institution of

14 higher education;

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

16 individual begins the term of service;

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

18 equivalent or agrees to obtain a high school diploma

19 or its equivalent and the individual did not drop out

20 of an elementary or secondary school to enroll in the

21 program; and

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

23 admitted for permanent residence.

24 ‘‘(b) SPECIAL RULES FOR CERTAIN YOUTH PRO25 GRAMS.—An individual shall be considered to be a partici26 pant in a youth corps program described in section
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1 122(a)(2) or a program described in section 122(a)(9)

2 that is carried out with assistance provided under section

3 121(a) if the individual—

4 ‘‘(1) satisfies the requirements specified in sub5 section (a), except paragraph (4) of such subsection;

6 and

7 ‘‘(2) is between the ages of 16 and 25, inclu8 sive, at the time the individual begins the term of

9 service.

10 ‘‘SEC. 138. SELECTION OF NATIONAL SERVICE PARTICI11 PANTS.

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

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

14 selection of an individual to serve in a national service pro15 gram receiving assistance under section 121 or to fill an

16 approved national service position shall be conducted by

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

18 private not-for-profit organization, institution of higher

19 education, Federal agency, or other entity to which the

20 assistance and approved national service positions are pro21 vided.

22 ‘‘(b) NONDISCRIMINATION AND NONPOLITICAL SE23 LECTION OF PARTICIPANTS.—The recruitment and selec24 tion of individuals to serve in national service programs

25 receiving assistance under section 121 or to fill approved
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1 national service positions shall be consistent with the re2 quirements of section 175.

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

4 service program to serve a second term of service under

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

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

10 service and to assist the placement of these individuals in

11 approved national service positions, including positions

12 available under title I of the Domestic Volunteer Service

13 Act of 1973 (42 U.S.C. 4951). The Corporation and State

14 Commissions shall disseminate information regarding

15 available approved national service positions through co16 operation with secondary schools, institutions of higher

17 education, employment service offices, and other appro18 priate entities, particularly those organizations that pro19 vide outreach to disadvantaged youths.

20 ‘‘(e) NATIONAL LEADERSHIP POOL.—

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

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

25 to receive special training to enhance their leader-
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1 ship ability. The leadership training shall be pro2 vided by the Corporation directly or through a grant

3 or contract.

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

5 selecting individuals to receive leadership training

6 under this subsection, the Corporation shall make

7 special efforts to select individuals who have served

8 in the Peace Corps, as VISTA volunteers, or as par9 ticipants in national service programs receiving as10 sistance under section 121.

11 ‘‘(3) ASSIGNMENT.—At the request of a pro12 gram that receives assistance under the national

13 service laws, the Corporation may assign an individ14 ual who receives leadership training under para15 graph (1) to work with the program in a leadership

16 position and carry out assignments not otherwise

17 performed by regular participants. An individual as18 signed to a program shall be considered to be a par19 ticipant of the program.

20 ‘‘SEC. 139. TERMS OF SERVICE.

21 ‘‘(a) IN GENERAL.—As a condition of receiving a na22 tional service education award under subtitle D, a partici23 pant in an approved national service position shall be re24 quired to perform full- or part-time national service for

25 at least one term of service specified in subsection (b).
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1 ‘‘(b) TERM OF SERVICE.—

2 ‘‘(1) FULL-TIME SERVICE.—An individual per3 forming full-time national service in an approved na4 tional service position shall agree to participate in

5 the program sponsoring the position for not less

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

7 9 months and not more than 1 year.

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

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

10 national service in an approved national service posi11 tion shall agree to participate in the program spon12 soring the position for not less than 1,700 hours

13 during a period of not less than 1 year and not more

14 than 2 years.

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

16 SERVICE.—The Corporation may reduce the number

17 of hours required to be served to successfully com18 plete part-time national service to a level determined

19 by the Corporation, except that any reduction in the

20 required term of service shall include a correspond21 ing reduction in the amount of any national service

22 educational award that may be available under sub23 title D with regard to that service.

24 ‘‘(c) RELEASE FROM COMPLETING TERM OF SERV25 ICE.—
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1 ‘‘(1) RELEASE AUTHORIZED.—A recipient of

2 assistance under section 121 or a program sponsor3 ing an approved national service position may re4 lease a participant from completing a term of service

5 in the position—

6 ‘‘(A) for compelling personal circumstances

7 as demonstrated by the participant; or

8 ‘‘(B) for cause.

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

10 participant was serving in an approved national

11 service position, the participant may receive a por12 tion of the national service educational award cor13 responding to that service in the manner provided in

14 section 147(b), except that a participant released for

15 cause may not receive any portion of the national

16 service educational award.

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

18 PARTICIPANTS.

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

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

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

22 out using assistance provided under section 121

23 shall provide to each participant in the program a

24 living allowance in such an amount as may be estab25 lished by the program.
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1 ‘‘(2) LIMITATION ON FEDERAL SHARE.—The

2 amount of the annual living allowance provided

3 under paragraph (1) that may be paid using assist4 ance provided under section 121 and using any other

5 Federal funds shall not exceed the lesser of—

6 ‘‘(A) 85 percent of the total average an7 nual subsistence allowance provided to VISTA

8 volunteers under section 105 of the Domestic

9 Volunteer Service Act of 1973 (42 U.S.C.

10 4955); and

11 ‘‘(B) 85 percent of the annual living allow12 ance established by the national service pro13 gram involved.

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

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

16 annual living allowance that may be provided to a

17 participant in a national service program shall not

18 exceed 200 percent of the average annual subsist19 ence allowance provided to VISTA volunteers under

20 section 105 of the Domestic Volunteer Service Act

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

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

23 amount provided as a living allowance under this

24 subsection shall be prorated in the case of a partici-
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1 pant who is authorized to serve a reduced term of

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

3 ‘‘(5) TREATMENT OF LIVING ALLOWANCE.—

4 The amount provided as a living allowance under

5 this subsection, up to the maximum living allowance

6 authorized by paragraph (3), shall not be taken into

7 account in determining the need or eligibility of any

8 person for benefits or assistance, or the amount of

9 such benefits or assistance, under any Federal,

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

11 with Federal funds. Nothing in the preceding sen12 tence shall be construed to exclude amounts received

13 as a living allowance from gross income under sec14 tion 61 of the Internal Revenue Code of 1986 (26

15 U.S.C. 61).

16 ‘‘(b) COVERAGE OF CERTAIN EMPLOYMENT-RELAT17 ED TAXES.—To the extent a national service program that

18 receives assistance under section 121 is subject, with re19 spect to the participants in the program, to the taxes im20 posed on an employer under sections 3111 and 3301 of

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

22 3301) and taxes imposed on an employer under a work23 men’s compensation act, the assistance provided to the

24 program under section 121 shall include an amount suffi-
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1 cient to cover 85 percent of such taxes based upon the

2 lesser of—

3 ‘‘(1) the total average annual subsistence allow4 ance provided to VISTA volunteers under section

5 105 of the Domestic Volunteer Service Act of 1973

6 (42 U.S.C. 4955); and

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

8 the program.

9 ‘‘(c) EXCEPTION FROM MAXIMUM LIVING ALLOW10 ANCE FOR CERTAIN ASSISTANCE.—A professional corps

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

12 provide a living allowance in excess of the maximum allow13 ance authorized in subsection (a)(3) may still apply for

14 such assistance, except that—

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

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

17 portion of the allowance;

18 ‘‘(2) the applicant shall apply for such assist19 ance only by submitting an application to the Cor20 poration for assistance on a competitive basis; and

21 ‘‘(3) the national service program must be oper22 ated directly by the applicant and must meet urgent,

23 unmet human, educational, environmental, or public

24 safety needs, as determined by the Corporation.
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1 ‘‘(d) HEALTH INSURANCE.—A State or other recipi2 ent of assistance under section 121 shall provide a basic

3 health care policy for each full-time participant in a na4 tional service program carried out or supported using the

5 assistance if the participant is not otherwise covered by

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

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

8 the remaining cost paid by the entity receiving assistance

9 under section 121. The Corporation shall establish mini10 mum standards that all plans must meet in order to qual11 ify for payment under this part, any circumstances in

12 which an alternative health care policy may be substituted

13 for the basic health care policy, and mechanisms to pro14 hibit participants from dropping existing coverage.

15 ‘‘(e) CHILD CARE.—

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

17 of assistance under section 121 shall—

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

19 of each full-time participant who serves in a na20 tional service program carried out or supported

21 by the recipient using the assistance, including

22 individuals who need such child care in order to

23 participate in the program; or

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

25 full-time participant in a national service pro-
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1 gram who needs such assistance in order to

2 participate in the program.

3 ‘‘(2) GUIDELINES.—The Corporation shall es4 tablish guidelines regarding the circumstances under

5 which child care must be made available under this

6 subsection and the value of any allowance to be pro7 vided.

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

9 The Corporation may waive in whole or in part the limita10 tion on the Federal share specified in this section with

11 respect to a particular national service program in any fis12 cal year if the Corporation determines that such a waiver

13 would be equitable due to a lack of available financial re14 sources at the local level.

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

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

17 national service program carried out using assistance pro18 vided to an applicant under section 121 shall be eligible

19 for the national service educational award described in

20 subtitle D if the participant—

21 ‘‘(1) serves in an approved national service po22 sition; and

23 ‘‘(2) satisfies the eligibility requirements speci24 fied in section 146 with respect to service in that ap25 proved national service position.
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1 ‘‘(b) SPECIAL RULE FOR VISTA VOLUNTEERS.—A

2 VISTA volunteer who serves in an approved national serv3 ice position shall be ineligible for a national service edu4 cational award if the VISTA volunteer accepts the stipend

5 authorized under section 105(a)(1) of the Domestic Volun6 teer Service Act of 1973 (42 U.S.C. 4955(a)(1).’’.

7 (b) 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 C of title I of such Act and in11 serting the following new items:

‘‘Subtitle C—National Service Trust Program

‘‘PART I—INVESTMENT IN NATIONAL SERVICE

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

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

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

service educational awards.

‘‘Sec. 124. Types of program assistance.

‘‘Sec. 125. Training and technical assistance.

‘‘Sec. 126. Other special assistance.

‘‘PART II—APPLICATION AND APPROVAL PROCESS

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

competitive and other means.

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

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

‘‘Sec. 132. Ineligible service categories.

‘‘Sec. 133. Consideration of applications.

‘‘PART III—NATIONAL SERVICE PARTICIPANTS

‘‘Sec. 137. Description of participants.

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

‘‘Sec. 139. Required terms of service of national service participants.

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

‘‘Sec. 141. National service educational awards.’’.
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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)(1), 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 sub24 section (e);
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1 ‘‘(2) any amounts received by the Corporation

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

3 section 192(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.—The Corporation shall submit an annual

24 report to the Congress on the financial status of the Trust.

25 Such report shall—
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1 ‘‘(1) specify the amount deposited to the Trust

2 from the most recent appropriation to the Corpora3 tion, the amount received by the Corporation as gifts

4 or bequest during the period covered by the report,

5 and any amounts obtained by the Trust pursuant to

6 subsection (a)(3);

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

8 currently performing service to qualify, or have

9 qualified, for national service educational awards;

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

11 ability to claim national service educational awards

12 during the period covered by the report—

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

14 147(b); or

15 ‘‘(B) has lapsed pursuant to section

16 146(d); and

17 ‘‘(4) estimate the number of additional ap18 proved national service positions which the Corpora19 tion will be able to make available under subtitle C

20 on the basis of any accumulated surplus in the

21 Trust above the amount required to provide national

22 service educational awards to individuals identified

23 under paragraph (2), including any amounts avail24 able as a result of the circumstances referred to in

25 paragraph (3).
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1 ‘‘SEC. 146. INDIVIDUALS ELIGIBLE TO RECEIVE A NATIONAL

2 SERVICE EDUCATIONAL AWARD FROM THE

3 TRUST.

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

5 receive a national service educational award from the Na6 tional Service Trust if the individual—

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

8 service described in subsection (b) in an approved

9 national service position;

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

11 the individual began serving in the approved na12 tional service position or was an out-of-school youth

13 serving in an approved national service position with

14 a youth corps program described in section

15 122(a)(2) or a program described in section

16 122(a)(9);

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

18 equivalent of such diploma, at the time the individ19 ual uses the national service educational award; and

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

21 admitted for permanent residence.

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

23 approved national service position shall not be less than

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

25 139(b).
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1 ‘‘(c) LIMITATION ON NUMBER OF TERMS OF SERV2 ICE FOR AWARDS.—Although an individual may serve

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

4 in an approved national service position, the individual

5 shall receive a national service educational award from the

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

7 second of such terms of service.

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

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

10 eligible to receive a national service educational

11 award under this section may not use such award

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

13 date the individual completes the term of service in

14 an approved national service position that is the

15 basis of the award.

16 ‘‘(2) EXCEPTION.—The Corporation may ex17 tend the period within which an individual may use

18 a national service educational award if the Corpora19 tion determines that the individual—

20 ‘‘(A) was unavoidably prevented from

21 using the national service educational award

22 during the original 5-year period; or

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

24 an approved national service position during

25 that period.
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1 ‘‘SEC. 147. DETERMINATION OF THE AMOUNT OF THE NA2 TIONAL SERVICE EDUCATIONAL AWARD.

3 ‘‘(a) AMOUNT GENERALLY.—Except as provided in

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

5 who successfully completes a required term of service in

6 an approved national service position shall receive a na7 tional service educational award having a value equal to

8 $5,000 for each of not more than 2 of such terms of serv9 ice.

10 ‘‘(b) AWARD FOR PARTIAL COMPLETION OF SERV11 ICE.—If an individual serving in an approved national

12 service position is released in accordance with section

13 139(c)(1)(A) from completing the term of service agreed

14 to by the individual, the Corporation may provide the indi15 vidual with that portion of the national service educational

16 award approved for the individual that corresponds to the

17 quantity of the term of service actually completed by the

18 individual.

19 ‘‘SEC. 148. DISBURSEMENT OF NATIONAL SERVICE EDU20 CATIONAL AWARDS.

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

22 available—

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

24 subsection (b);
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1 ‘‘(2) to pay all or part of the cost of attendance

2 at an institution of higher education in accordance

3 with subsection (c);

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

5 in an approved school-to-work program in accord6 ance with subsection (d); and

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

8 regulations prescribed pursuant to subsection (e).

9 ‘‘(b) USE OF EDUCATIONAL AWARD TO REPAY OUT10 STANDING STUDENT LOANS.—

11 ‘‘(1) APPLICATION BY ELIGIBLE INDIVID12 UALS.—An eligible individual under section 146 who

13 desires to apply his or her national service edu14 cational award to the repayment of qualified student

15 loans shall submit, in a manner prescribed by the

16 Corporation, an application to the Corporation

17 that—

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

19 to identify readily, the holder or holders of such

20 loans;

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

22 to determine readily, the amounts of principal

23 and interest outstanding on the loans; and
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1 ‘‘(C) contains or is accompanied by such

2 other information as the Corporation may re3 quire.

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

5 receipt of an application from an eligible individual

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

7 the Corporation shall, as promptly as practicable

8 consistent with paragraph (5), disburse the amount

9 of the national service educational award to which

10 the eligible individual is entitled. Such disbursement

11 shall be made by check or other means that is pay12 able to the holder of the loan and requires the en13 dorsement or other certification by the eligible indi14 vidual.

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

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

17 than the principal and accrued interest on any quali18 fied student loan, such amount shall first be applied

19 to the repayment of principal.

20 ‘‘(4) REPORTS BY HOLDERS.—Any holder re21 ceiving a loan payment pursuant to this subsection

22 shall submit to the Corporation such information as

23 the Corporation may require to verify that such pay24 ment was applied in accordance with this subsection
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1 and any regulations prescribed to carry out this sub2 section.

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

4 The Corporation may, by regulation, provide for the

5 aggregation of payments to holders under this sub6 section.

7 ‘‘(6) DEFINITION OF QUALIFIED STUDENT

8 LOANS.—The term ‘qualified student loans’ means—

9 ‘‘(A) any loan made, insured, or guaran10 teed pursuant to title IV of the Higher Edu11 cation Act of 1965 (20 U.S.C. 1070 et seq.),

12 other than a loan to a parent of a student pur13 suant to section 428B of such Act (20 U.S.C.

14 1078–2); and

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

16 or VIII of the Public Health Service Act (42

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

18 ‘‘(7) DEFINITION OF HOLDER.—The term

19 ‘holder’ with respect to any eligible loan means the

20 original lender or, if the loan is subsequently sold,

21 transferred, or assigned to some other person, and

22 such other person acquires a legally enforceable

23 right to receive payments from the borrower, such

24 other person.
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1 ‘‘(c) USE OF EDUCATIONAL AWARDS TO PAY CUR2 RENT EDUCATIONAL EXPENSES.—

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

4 An eligible individual under section 146 who desires

5 to apply his or her national service educational

6 award to the payment of current educational ex7 penses shall, on a form prescribed by the Corpora8 tion, submit an application to the institution of high9 er education in which the student will be enrolled

10 that contains such information as the Corporation

11 may require to verify the individual’s eligibility.

12 ‘‘(2) SUBMISSION OF REQUESTS FOR PAYMENT

13 BY INSTITUTIONS.—An institution of higher edu14 cation that receives one or more applications that

15 comply with paragraph (1) shall submit to the Cor16 poration a statement, in a manner prescribed by the

17 Corporation, that—

18 ‘‘(A) identifies each eligible individual fil19 ing an application under paragraph (1) for a

20 disbursement of the individual’s national service

21 educational award under this subsection;

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

23 eligible individuals are, consistent with para24 graph (6), qualified for disbursement under this

25 subsection;
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1 ‘‘(C) certifies that (i) the institution of

2 higher education has in effect a program par3 ticipation agreement under section 487 of the

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

5 1094), and (ii) the institution’s eligibility to

6 participate in any of the programs under title

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

8 been limited, suspended, or terminated; and

9 ‘‘(D) contains such provisions concerning

10 financial compliance as the Corporation may re11 quire.

12 ‘‘(3) DISBURSEMENT OF PAYMENTS.—Upon re13 ceipt of a statement from an institution of higher

14 education that complies with paragraph (2), the Cor15 poration shall, subject to paragraph (4), disburse the

16 total amount of the national service educational

17 awards for which eligible individuals who have sub18 mitted applications to that institution under para19 graph (1) are qualified. Such disbursement shall be

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

21 institution and requires the endorsement or other

22 certification by the eligible individual.

23 ‘‘(4) MULTIPLE DISBURSEMENTS REQUIRED.—

24 The total amount required to be disbursed to an in25 stitution of higher education under paragraph (3)
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1 for any period of enrollment shall be disbursed by

2 the Corporation in 2 or more installments, none of

which exceeds 1 3 ⁄2 of such total amount. The interval

4 between the first and second such installment shall

not be less than 1 5 ⁄2 of such period of enrollment, ex6 cept as necessary to permit the second installment to

7 be paid at the beginning of the second semester,

8 quarter, or similar division of such period of enroll9 ment.

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

11 by regulation, provide for the refund to the Corpora12 tion (and the crediting to the national service edu13 cational award of an eligible individual) of amounts

14 disbursed to institutions for the benefit of eligible in15 dividuals who withdraw or otherwise fail to complete

16 the period of enrollment for which the assistance

17 was provided. Such regulations shall be consistent

18 with the fair and equitable refund policies required

19 of institutions pursuant to section 484B of the

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

21 Amounts refunded to the Trust pursuant to this

22 paragraph may be used by the Corporation to fund

23 additional approved national service positions under

24 subtitle C.
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1 ‘‘(6) MAXIMUM AWARD.—The portion of an eli2 gible individual’s total available national service edu3 cational award that may be disbursed under this

4 subsection for any period of enrollment shall not ex5 ceed the difference between—

6 ‘‘(A) the eligible individual’s cost of attend7 ance for such period of enrollment, determined

8 in accordance with section 472 of the Higher

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

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

11 financial assistance for such period under part

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

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

14 benefits, determined in accordance with section

15 480(c) of such Act (20 U.S.C. 1087vv(c)).

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

17 IN APPROVED SCHOOL-TO-WORK PROGRAMS.—The Cor18 poration shall by regulation provide for the payment of

19 national service educational awards to permit eligible indi20 viduals to participate in school-to-work programs approved

21 by the Secretaries of Labor and Education.

22 ‘‘(e) INTEREST PAYMENTS DURING FORBEARANCE

23 ON LOAN REPAYMENT.—The Corporation may provide by

24 regulation for the payment on behalf of an eligible individ25 ual of interest that accrues during a period for which such
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1 individual has obtained forbearance in the repayment of

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

3 if the eligible individual successfully completes his or her

4 required term of service (as determined under section

5 146(b)). Such regulations shall be prescribed after con6 sultation with the Secretary of Education.

7 ‘‘(f) TREATMENT OF BENEFITS.—Notwithstanding

8 any other provision of law, national service awards and

9 other benefits received under this section shall not be

10 taken into account in determining the need or eligibility

11 of any person for benefits or assistance, or the amount

12 of such benefits or assistance, under any Federal, State,

13 or local program financed in whole or in part with Federal

14 funds. The amount of any national service award or other

15 benefits received under this section shall not be considered

16 income for purposes of the Internal Revenue Code of

17 1986.

18 ‘‘(g) DEFINITION OF INSTITUTION OF HIGHER EDU19 CATION.—Notwithstanding section 101 of this Act, for

20 purposes of this section the term ‘institution of higher

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

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

23 (b) TABLE OF CONTENTS.—Section 1(b) of the Na24 tional and Community Service Act of 1990 (Public Law

25 101–610; 104 Stat. 3127) is amended by striking the
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1 items relating to subtitle D of title I of such Act and in2 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.’’.

3 (c) CONFORMING AMENDMENTS.—

4 (1) ELIGIBILITY FOR SUBSIDIZED STAFFORD

5 LOANS.—Section 428(a)(2)(C)(i) of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1078(a)(2)(C)(i)) is

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

8 title,’’ the following: ‘‘any national service edu9 cational award such student will receive under sub10 title D of title I of the National and Community

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

12 (2) FORBEARANCE IN THE COLLECTION OF

13 STAFFORD LOANS.—Section 428 of the Higher Edu14 cation Act of 1965 is amended—

15 (A) in subsection (b)(1)—

16 (i) by redesignating subparagraphs

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

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

19 (ii) by inserting immediately after

20 subparagraph (V) the following new sub21 paragraph:
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1 ‘‘(W)(i) provides that, upon written re2 quest, a lender shall grant a borrower forbear3 ance on such terms as are otherwise consistent

4 with the regulations of the Secretary, during

5 periods in which the borrower is serving in a

6 national service position, for which he or she re7 ceives a national service educational award

8 under the National Service Trust Act of 1993;

9 ‘‘(ii) provides that clauses (iii) and (iv) of

10 subparagraph (V) shall also apply to a forbear11 ance granted under this subparagraph; and

12 ‘‘(iii) provides that interest shall continue

13 to accrue on a loan for which a borrower re14 ceives forbearance under this subparagraph and

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

16 and

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

18 ‘‘subsection (b)(1)(V)’’ and inserting ‘‘sub19 section (b)(1) (V) and (W)’’.

20 (3) ELIGIBILITY FOR STAFFORD LOAN FOR21 GIVENESS.—Section 428J of the Higher Education

22 Act of 1965 (20 U.S.C. 1078–10) is amended—

23 (A) in subsection (b)(1), is amended by

24 striking ‘‘October 1, 1992’’ and inserting ‘‘Oc25 tober 1, 1989’’;
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1 (B) in subsection (c), by adding at the end

2 the following new paragraph:

3 ‘‘(5) INELIGIBILITY OF NATIONAL SERVICE

4 EDUCATIONAL AWARD RECIPIENTS.—No student

5 borrower may, for the same volunteer service, receive

6 a benefit under both this section and subtitle D of

7 title I of the National and Community Service Act

8 of 1990 (42 U.S.C. 12751 et seq.).’’; and

9 (C) by adding at the end the following new

10 subsection:

11 ‘‘(h) TREATMENT OF BENEFITS.—Notwithstanding

12 any other provision of law, the amount of any loan repaid

13 by the Secretary under this section shall not be taken into

14 account in determining the need or eligibility of any per15 son for benefits or assistance, or the amount of such bene16 fits or assistance, under any Federal, State, or local pro17 gram financed in whole or in part with Federal funds. The

18 amount of any loan repaid by the Secretary under this

19 section shall not be considered income for purposes of the

20 Internal Revenue Code of 1986.’’.

21 (4) ELIGIBILITY FOR PERKINS LOAN FORGIVE22 NESS.—Section 465(a) of the Higher Education Act

23 of 1965 (20 U.S.C. 1087ee(a)) is amended by add24 ing at the end the following new paragraph:
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1 ‘‘(6) No borrower may, for the same volunteer

2 service, receive a benefit under both this section and

3 subtitle D of title I of the National and Community

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

5 (5) IMPACT ON GENERAL NEEDS ANALYSIS.—

6 Section 480(j) of such Act (20 U.S.C. 1087vv(j)) is

7 amended by adding at the end the following new

8 paragraph:

9 ‘‘(3) Notwithstanding paragraph (1), any na10 tional service educational award such student will re11 ceive under subtitle D of title I of the National and

12 Community Service Act of 1990 (42 U.S.C. 12751

13 et seq.) shall not be taken into account in determin14 ing estimated financial assistance not received under

15 this title.’’.

16 SEC. 103. SCHOOL-BASED AND COMMUNITY-BASED SERV17 ICE-LEARNING PROGRAMS.

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

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

20 is to improve the Serve-America programs estab21 lished under part I of subtitle B of the National and

22 Community Service Act of 1990, and to enable the

23 Corporation for National Service, and the entities

24 receiving financial assistance under such part, to—
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1 (A) work with teachers in elementary

2 schools and secondary schools within a commu3 nity, and with community-based agencies, to

4 create and offer service-learning opportunities

5 for all school-age youth;

6 (B) educate teachers, and faculty providing

7 teacher training and retraining, about service8 learning, and incorporate service-learning op9 portunities into classroom teaching to strength10 en academic learning;

11 (C) coordinate the work of adult volunteers

12 who work with elementary and secondary

13 schools as part of their community service ac14 tivities; and

15 (D) work with employers in the commu16 nities to ensure that projects introduce the stu17 dents to various careers and expose the stu18 dents to needed further education and training.

19 (2) PROGRAMS.—Subtitle B of title I of the Na20 tional and Community Service Act of 1990 (42

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

22 subtitle heading and all that follows through the end

23 of part I and inserting the following:
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1 ‘‘Subtitle B—School-Based and

2 Community-Based Service3 Learning Programs

4 ‘‘PART I—SERVE-AMERICA PROGRAMS

5 ‘‘Subpart A—School-Based Programs for Students

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

7 TRIBES.

8 ‘‘(a) USE OF FUNDS.—The Corporation, in consulta9 tion with the Secretary of Education, may make grants

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

11 (a) and (b)(2) of section 112, to States and Indian tribes

12 to pay for the Federal share of—

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

14 States or Indian tribes (which may be accomplished

15 through grants or contracts with qualified organiza16 tions) to implement school-based service-learning

17 programs, including—

18 ‘‘(A) providing training for teachers, su19 pervisors, personnel from community-based

20 agencies (particularly with regard to the utiliza21 tion of participants), and trainers, to be con22 ducted by qualified individuals or organizations

23 that have experience with service-learning;

24 ‘‘(B) developing service-learning curricula

25 to be integrated into academic programs, in-
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1 cluding the age-appropriate learning component

2 described in section 114(d)(5)(B);

3 ‘‘(C) forming local partnerships described

4 in paragraph (2) or (4) to develop school-based

5 service-learning programs in accordance with

6 this subpart;

7 ‘‘(D) devising appropriate methods for re8 search and evaluation of the educational value

9 of service-learning and the effect of service10 learning activities on communities; and

11 ‘‘(E) establishing effective outreach and

12 dissemination of information to ensure the

13 broadest possible involvement of community14 based agencies with demonstrated effectiveness

15 in working with school-age youth in their com16 munities;

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

18 school-based service-learning programs, which may

19 include paying for the cost of the recruitment, train20 ing, supervision, placement, salaries, and benefits of

21 service-learning coordinators, through State distribu22 tion of Federal funds made available under this sub23 part to projects operated by local partnerships

24 among—

25 ‘‘(A) local educational agencies; and
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1 ‘‘(B) one or more community partners

2 that—

3 ‘‘(i) shall include a public or private

4 not-for-profit organization that will make

5 projects available for participants, who

6 shall be students; and

7 ‘‘(ii) may include a private for-profit

8 business or private elementary or second9 ary school;

10 ‘‘(3) planning of school-based service-learning

11 programs through State distribution of Federal

12 funds made available under this subpart to local

13 educational agencies, which planning may include

14 paying for the cost of—

15 ‘‘(A) the salaries and benefits of service16 learning coordinators; or

17 ‘‘(B) the recruitment, training, supervision,

18 and placement of service-learning coordinators

19 who are participants in a program under sub20 title C or receive a national service educational

21 award under subtitle D,

22 who will identify the community partners described

23 in paragraph (2)(B) and assist in the design and im24 plementation of a program described in paragraph

25 (2); and
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1 ‘‘(4) implementing, operating, or expanding

2 school-based service-learning programs involving

3 adult volunteers to utilize service-learning to improve

4 the education of students through State distribution

5 of Federal funds made available under this part to

6 local partnerships among—

7 ‘‘(A) local educational agencies; and

8 ‘‘(B) one or more—

9 ‘‘(i) public or private not-for-profit or10 ganizations;

11 ‘‘(ii) other educational agencies; or

12 ‘‘(iii) private for-profit businesses,

13 that coordinate and operate projects for participants,

14 who shall be students.

15 ‘‘(b) DUTIES OF SERVICE-LEARNING COORDINA16 TOR.—A service-learning coordinator referred to in para17 graph (2) or (3) of subsection (a) shall provide services

18 to a local educational agency by—

19 ‘‘(1) expanding the awareness of teachers of the

20 potential of service-learning in strengthening the

21 educational achievement, leadership development,

22 and substantive learning, of students;

23 ‘‘(2) providing technical assistance and informa24 tion to, and facilitating the training of, teachers who

25 want to use service-learning in their classrooms;
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1 ‘‘(3) assisting local partnerships described in

2 subsection (a) in the planning, development, and

3 execution of service-learning projects;

4 ‘‘(4) recruiting and supervising adult volun5 teers, or individuals who are participants in a pro6 gram under subtitle C or receive a national service

7 educational award under subtitle D, to expand serv8 ice-learning opportunities; and

9 ‘‘(5) coordinating the activities of the service10 learning coordinator with the activities of the com11 mittee described in section 114(d)(1), and, where

12 appropriate, assisting the committee.

13 ‘‘(c) RELATED EXPENSES.—A partnership, local edu14 cational agency, or other qualified organization that re15 ceives financial assistance under this subpart may, in car16 rying out the activities described in subsection (a), use

17 such assistance to pay for the Federal share of reasonable

18 costs related to the supervision of participants, program

19 administration, transportation, insurance, evaluations,

20 and for other reasonable expenses related to the activities.

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

22 NONPARTICIPATING STATES.

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

24 an application under section 113, for an allotment under

25 subsection (a) or (b)(2) of section 112, that meets the re-
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1 quirements of section 113 and such other requirements

2 as the Chairperson may determine to be appropriate, the

3 Corporation may use the allotment of that State to make

4 direct grants to pay for the Federal share of the cost of—

5 ‘‘(1) carrying out the activities described in

6 paragraph (2) or (4) of section 111(a), to a local

7 partnership described in such paragraph; or

8 ‘‘(2) carrying out the activities described in

9 paragraph (3) of such section, to an agency de10 scribed in such paragraph,

11 that is located in the State.

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

13 NOT-FOR-PROFIT ORGANIZATIONS.

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

15 grant under section 112(b)(1) to a public or private not16 for-profit organization that—

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

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

19 which the organization submitted an application

20 under section 114(a); and

21 ‘‘(3) meets such other criteria as the Chair22 person may establish.

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

24 a grant made under subsection (a) to make grants to part25 nerships described in paragraph (2) or (4) of section
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1 111(a) to implement, operate, or expand school-based

2 service-learning programs as described in such section and

3 provide technical assistance and training to appropriate

4 persons.

5 ‘‘SEC. 112. GRANTS AND ALLOTMENTS.

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

7 amounts appropriated to carry out this subpart for any

8 fiscal year, the Corporation shall reserve an amount of not

9 more than 1 percent for payments to Indian tribes, the

10 Virgin Islands, Guam, American Samoa, and the Com11 monwealth of the Northern Mariana Islands, to be allotted

12 in accordance with their respective needs. The Corporation

13 may also make payments from such amount to Palau, in

14 accordance with its needs, until such time as the Compact

15 of Free Association with Palau is ratified.

16 ‘‘(b) GRANTS AND ALLOTMENTS THROUGH

17 STATES.—The Corporation shall use the remainder of the

18 funds appropriated to carry out this subpart for any fiscal

19 year as follows:

20 ‘‘(1) GRANTS.—Except as provided in para21 graph (3), from 25 percent of such funds, the Cor22 poration may make grants, on a competitive basis,

23 to—

24 ‘‘(A) State educational agencies and Indian

25 tribes; or
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1 ‘‘(B) as described in section 111B, to

2 grantmaking entities.

3 ‘‘(2) ALLOTMENTS.—

4 ‘‘(A) SCHOOL-AGE YOUTH.—Except as pro5 vided in paragraph (3), from 37.5 percent of

6 such funds, the Corporation shall allot to each

7 State an amount that bears the same ratio to

8 37.5 percent of such funds as the number of

9 school-age youth in the State bears to the total

10 number of school-age youth of all States.

11 ‘‘(B) ALLOCATION UNDER ELEMENTARY

12 AND SECONDARY EDUCATION ACT OF 1965.—

13 Except as provided in paragraph (3), from 37.5

14 percent of such funds, the Corporation shall

15 allot to each State an amount that bears the

16 same ratio to 37.5 percent of such funds as the

17 allocation to the State for the previous fiscal

18 year under chapter 1 of title I of the Elemen19 tary and Secondary Education Act of 1965 (20

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

21 to all States.

22 ‘‘(3) MINIMUM AMOUNT.—No State shall re23 ceive, under paragraph (2), an allotment that is less

24 than the allotment such State received for fiscal year

25 1993 under section 112(b) of this Act, as in effect
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1 on the day before the date of enactment of this part.

2 If the amount of funds made available in a fiscal

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

4 make such allotments, the Corporation shall make

5 available sums from the 25 percent described in

6 paragraph (1) for such fiscal year to make such al7 lotments.

8 ‘‘(4) DEFINITION.—Notwithstanding section

9 101(25), for purposes of this subsection, the term

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

11 of Columbia, the Commonwealth of Puerto Rico, and

12 an Indian tribe.

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

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

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

16 State or Indian tribe does not submit an application for

17 the allotment under section 113 that meets the require18 ments of such section and such other requirements as the

19 Chairperson may determine to be appropriate, the Cor20 poration shall, after making any grants under section

21 111A to a partnership or agency described in such section,

22 make any remainder of such allotment available for real23 lotment to such other States, and Indian tribes, with ap24 proved applications submitted under section 113, as the

25 Corporation may determine to be appropriate.
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1 ‘‘(d) EXCEPTION.—Notwithstanding subsections (a)

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

3 fiscal year to carry out this subpart, the Corporation shall

4 award grants to States and Indian tribes, from the

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

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

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

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

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

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

11 112(c), or a grant under section 112(d), a State, acting

12 through the State educational agency, or an Indian tribe,

13 shall prepare, submit to the Corporation, and obtain ap14 proval of, an application at such time and in such manner

15 as the Chairperson may reasonably require.

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

17 under subsection (a) with respect to service-learning pro18 grams described in section 111 shall include—

19 ‘‘(1) a 3-year strategic plan, or a revision of a

20 previously approved 3-year strategic plan, for pro21 moting service-learning through the programs, which

22 plan shall contain such information as the Chair23 person may reasonably require, such as—
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1 ‘‘(A) a description of the goals to be at2 tained in promoting service-learning through

3 such programs;

4 ‘‘(B) a description of the resources and or5 ganization needed to achieve the goals of such

6 programs within elementary schools and second7 ary schools; and

8 ‘‘(C) a description of the manner in

9 which—

10 ‘‘(i) such programs and the activities

11 to be carried out under such programs re12 late to the goals described in subparagraph

13 (A);

14 ‘‘(ii) the applicant will evaluate the

15 success of the programs and the extent of

16 community involvement in the programs,

17 and measure the extent to which the pro18 grams meet the goals described in subpara19 graph (A);

20 ‘‘(iii) in reviewing applications submit21 ted under section 114(c), the applicant has

22 ranked the applications according to the

23 criteria described in section 115(b), has

24 considered the factors described in section

25 115(a), and has reviewed the applications
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1 in a manner that ensured the equitable

2 treatment of all such applications;

3 ‘‘(iv) the programs will be coordinated

4 with—

5 ‘‘(I) the education reform efforts

6 of the applicant;

7 ‘‘(II) other efforts to meet the

8 National Education Goals;

9 ‘‘(III) other service activities in

10 the State or serving the Indian tribe;

11 and

12 ‘‘(IV) other education programs,

13 training programs, social service pro14 grams, and appropriate programs that

15 serve school-age youth, that are au16 thorized under Federal law;

17 ‘‘(v) the applicant will disseminate in18 formation, conduct outreach, and take

19 other measures, to encourage cooperative

20 efforts among the local educational agen21 cies, local government agencies, commu22 nity-based agencies, State agencies, and

23 private for-profit businesses that will carry

24 out the service-learning programs proposed

25 by the applicant, to develop and provide
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1 projects, including those that involve the

2 participation of urban, suburban, and rural

3 students working together;

4 ‘‘(vi) the applicant will promote ap5 propriate projects in such programs for

6 economically disadvantaged students, stu7 dents with limited basic skills, students in

8 foster care who are becoming too old for

9 foster care, students of limited-English

10 proficiency, homeless students, and stu11 dents with disabilities;

12 ‘‘(vii) service-learning training and

13 technical assistance will be provided

14 through the programs—

15 ‘‘(I) to State and local edu16 cational agency personnel, federally

17 assisted education specialists in the

18 State or serving the Indian tribe, and

19 local recipients of grants under this

20 subpart, to raise the awareness of

21 service-learning among such person22 nel, specialists, and recipients; and

23 ‘‘(II) by qualified and experi24 enced individuals employed by the

25 State or Indian tribe or through
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1 grants or contracts with such individ2 uals;

3 ‘‘(viii) a service-learning network will

4 be established for the State or Indian

5 tribe, comprised of expert teachers and ad6 ministrators who have carried out success7 ful service-learning activities within the

8 State or serving the Indian tribe; and

9 ‘‘(ix) the applicant will use payments

10 from sources described in section

11 116(a)(2)(B) to expand projects for stu12 dents through the programs proposed by

13 the applicant;

14 ‘‘(2) assurances that—

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

16 and provide such information to the Corpora17 tion with respect to the programs as may be re18 quired for fiscal audits and program evaluation;

19 and

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

21 nonduplication and nondisplacement require22 ments of section 177; and

23 ‘‘(3) such additional information as the Chair24 person may reasonably require.
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1 ‘‘SEC. 114. LOCAL APPLICATIONS.

2 ‘‘(a) APPLICATION TO CORPORATION TO MAKE

3 GRANTS FOR SCHOOL-BASED SERVICE-LEARNING PRO4 GRAMS.—

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

6 grant in accordance with section 111B(a) to make

7 grants relating to school-based service-learning pro8 grams described in section 111(a)(2), a grantmaking

9 entity shall prepare, submit to the Corporation, and

10 obtain approval of, an application.

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

12 submitted at such time and in such manner, and

13 shall contain such information, as the Chairperson

14 may reasonably require. Such application shall in15 clude a proposal to assist such programs in more

16 than 1 State.

17 ‘‘(b) DIRECT APPLICATION TO CORPORATION TO

18 CARRY OUT SCHOOL-BASED SERVICE-LEARNING PRO19 GRAMS IN NONPARTICIPATING STATES.—To be eligible to

20 receive a grant from the Corporation in the circumstances

21 described in section 111A to carry out an activity de22 scribed in such section, a partnership or agency described

23 in such section shall prepare, submit to the Corporation,

24 and obtain approval of, an application. Such application

25 shall be submitted at such time and in such manner, and
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1 shall contain such information, as the Chairperson may

2 reasonably require.

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

4 RECEIVE ASSISTANCE TO CARRY OUT SCHOOL-BASED

5 SERVICE-LEARNING PROGRAMS.—

6 ‘‘(1) IN GENERAL.—Any—

7 ‘‘(A) qualified organization that desires to

8 receive financial assistance under this subpart

9 from a State or Indian tribe for an activity de10 scribed in section 111(a)(1);

11 ‘‘(B) partnership described in section

12 111(a)(2) that desires to receive such assistance

13 from a State, Indian tribe, or grantmaking en14 tity for an activity described in section

15 111(a)(2);

16 ‘‘(C) agency described in section 111(a)(3)

17 that desires to receive such assistance from a

18 State or Indian tribe for an activity described

19 in such section; or

20 ‘‘(D) partnership described in section

21 111(a)(4) that desires to receive such assistance

22 from a State or Indian tribe for an activity de23 scribed in such section,

24 to be carried out through a service-learning program

25 described in section 111, shall prepare, submit to
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1 the State educational agency, Indian tribe, or

2 grantmaking entity, and obtain approval of, an ap3 plication for the program.

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

5 submitted at such time and in such manner, and

6 shall contain such information, as the agency, tribe,

7 or entity may reasonably require.

8 ‘‘(d) CONTENTS OF APPLICATION.—An application

9 that is submitted under subsection (a), (b), or (c) with

10 respect to a service-learning program described in section

11 111 shall, at a minimum, contain a proposal that in12 cludes—

13 ‘‘(1) information specifying the membership and

14 role of an established advisory committee, consisting

15 of representatives of community-based agencies in16 cluding service recipients, students, parents, teach17 ers, administrators, representatives of agencies that

18 serve school-age youth or older adults, school board

19 members, representatives of local labor organiza20 tions, and representatives of business, that will pro21 vide advice with respect to the program;

22 ‘‘(2) a description of—

23 ‘‘(A) the goals of the program which shall

24 include goals that are quantifiable and dem-
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1 onstrate any benefits from the program to par2 ticipants and the community;

3 ‘‘(B) service-learning projects to be pro4 vided under the program, and evidence that

5 participants will make a sustained commitment

6 to service in the projects;

7 ‘‘(C) the manner in which participants in

8 the program were or will be involved in the de9 sign and operation of the program;

10 ‘‘(D) training for supervisors, teachers,

11 service sponsors, and participants in the pro12 gram;

13 ‘‘(E) the manner in which exemplary serv14 ice will be recognized under the program; and

15 ‘‘(F) any resources that will permit con16 tinuation of the program, if needed, after the

17 assistance received under this subpart for the

18 program has ended;

19 ‘‘(3) information that shall include—

20 ‘‘(A) a disclosure of whether or not the

21 participants will receive academic credit for par22 ticipation in the program;

23 ‘‘(B) the expected number of participants

24 in the program and the hours of service that
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1 such participants will provide individually and

2 as a group;

3 ‘‘(C) the proportion of expected partici4 pants in the program who are economically dis5 advantaged, including participants with disabil6 ities; and

7 ‘‘(D) any role of adult volunteers in imple8 menting the program, and the manner in which

9 such volunteers will be recruited;

10 ‘‘(4) in the case of an application submitted by

11 a local partnership, a written agreement, between

12 the members of the local partnership, stating that

13 the program was jointly developed by the members

14 and that the program will be jointly executed by the

15 members; and

16 ‘‘(5) assurances that—

17 ‘‘(A) prior to the placement of a partici18 pant, the entity carrying out the program will

19 consult with any local labor organization rep20 resenting employees in the area who are en21 gaged in the same or similar work as that pro22 posed to be carried out by such program, to

23 prevent the displacement and protect the rights

24 of such employees;
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1 ‘‘(B) the entity carrying out the program

2 will develop an age-appropriate learning compo3 nent for participants in the program that shall

4 include a chance for participants to analyze and

5 apply their service experiences; and

6 ‘‘(C) the entity carrying out the program

7 will comply with the nonduplication and

8 nondisplacement requirements of section 177

9 and grievance procedure requirements of section

10 176(f).

11 ‘‘SEC. 115. CONSIDERATION OF APPLICATIONS.

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

13 applications for financial assistance under subsection (a),

14 (b), (c), or (d) of section 112, the Corporation shall con15 sider such criteria with respect to sustainability,

16 replicability, innovation, and quality of programs under

17 this subpart as the Chairperson may by regulation specify.

18 In providing assistance under this subpart, a State edu19 cational agency, Indian tribe, or grantmaking entity shall

20 consider such criteria.

21 ‘‘(b) PRIORITY FOR LOCAL APPLICATIONS.—

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

23 under this subpart, a State educational agency or

24 Indian tribe, or the Corporation if section 111A or

25 111B applies, shall give priority to entities that sub-
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1 mit applications under section 114 with respect to

2 service-learning programs described in section 111

3 that—

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

5 operation of the program;

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

7 such as programs targeting low-income areas;

8 ‘‘(C) involve—

9 ‘‘(i) students from public elementary

10 or secondary schools, and students from

11 private elementary or secondary schools,

12 serving together; or

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

14 sexes, ethnic groups, disabilities, or eco15 nomic backgrounds, serving together; or

16 ‘‘(D) are integrated into the academic pro17 gram of the participants.

18 ‘‘(c) REJECTION OF APPLICATIONS.—If the Corpora19 tion rejects an application submitted by a State under sec20 tion 113 for an allotment under subsection (b)(2) of sec21 tion 112, the Corporation shall promptly notify the State

22 of the reasons for the rejection of the application. The

23 Corporation shall provide the State with a reasonable op24 portunity to revise and resubmit the application and shall

25 provide technical assistance, if needed, to the State as part
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1 of the resubmission process. The Corporation shall

2 promptly reconsider such resubmitted application.

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

4 FROM PRIVATE SCHOOLS.

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

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

7 school district of the local educational agency involved who

8 are enrolled in private not-for-profit elementary and sec9 ondary schools, such State, Indian tribe, or agency shall

10 (after consultation with appropriate private school rep11 resentatives) make provision—

12 ‘‘(1) for the inclusion of services and arrange13 ments for the benefit of such students so as to allow

14 for the equitable participation of such students in

15 the programs implemented to carry out the objec16 tives and provide the benefits described in this sub17 part; and

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

19 students so as to allow for the equitable participa20 tion of such teachers in the programs implemented

21 to carry out the objectives and provide the benefits

22 described in this subpart.

23 ‘‘(b) WAIVER.—If a State, Indian tribe, or local edu24 cational agency is prohibited by law from providing for

25 the participation of students or teachers from private not-
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1 for-profit schools as required by subsection (a), or if the

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

3 educational agency substantially fails or is unwilling to

4 provide for such participation on an equitable basis, the

5 Chairperson shall waive such requirements and shall ar6 range for the provision of services to such students and

7 teachers. Such waivers shall be subject to consultation,

8 withholding, notice, and judicial review requirements in

9 accordance with paragraphs (3) and (4) of section 1017(b)

10 of the Elementary and Secondary Education Act of 1965

11 (20 U.S.C. 2727(b)).

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

13 ‘‘(a) SHARE.—

14 ‘‘(1) IN GENERAL.—The Federal share attrib15 utable to this subpart of the cost of carrying out a

16 program for which a grant or allotment is made

17 under this subpart may not exceed—

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

19 program for the first year for which the pro20 gram receives assistance under this subpart;

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

22 program for the second year for which the pro23 gram receives assistance under this subpart;

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

25 program for the third year for which the pro-
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1 gram receives assistance under this subpart;

2 and

3 ‘‘(D) 50 percent of the total cost of the

4 program for the fourth year, and for any subse5 quent year, for which the program receives as6 sistance under this subpart.

7 ‘‘(2) CALCULATION.—In providing for the re8 maining share of the cost of carrying out such a pro9 gram, each recipient of assistance under this sub10 part—

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

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

13 including facilities, equipment, or services; and

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

15 State sources, local sources, or Federal sources

16 (other than funds made available under the na17 tional service laws).

18 ‘‘(b) WAIVER.—The Chairperson may waive the re19 quirements of subsection (a) in whole or in part with re20 spect to any such program in any fiscal year if the Cor21 poration determines that such a waiver would be equitable

22 due to a lack of available financial resources at the local

23 level.

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

25 ‘‘(a) ADMINISTRATIVE COSTS.—
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1 ‘‘(1) LIMITATION.—Not more than 5 percent of

2 the amount of assistance provided to a State edu3 cational agency, Indian tribe, or grantmaking entity

4 that is the original recipient of a grant or allotment

5 under subsection (a), (b), (c), or (d) of section 112

6 for a fiscal year may be used to pay for administra7 tive costs incurred by—

8 ‘‘(A) the original recipient; or

9 ‘‘(B) the entity carrying out the service10 learning programs supported with the assist11 ance.

12 ‘‘(2) RULES ON USE.—The Chairperson may by

13 rule prescribe the manner and extent to which—

14 ‘‘(A) such assistance may be used to cover

15 administrative costs; and

16 ‘‘(B) that portion of the assistance avail17 able to cover administrative costs should be dis18 tributed between—

19 ‘‘(i) the original recipient; and

20 ‘‘(ii) the entity carrying out the serv21 ice-learning programs supported with the

22 assistance.

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

24 than 10 percent and not more than 15 percent of the

25 amount of assistance provided to a State educational
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1 agency or Indian tribe that is the original recipient of a

2 grant or allotment under subsection (a), (b), (c), or (d)

3 of section 112 for a fiscal year may be used to build capac4 ity through training, technical assistance, curriculum de5 velopment, and coordination activities, described in section

6 111(a)(1).

7 ‘‘(c) LOCAL USES OF FUNDS.—Funds made available

8 under this subpart may not be used to pay any stipend,

9 allowance, or other financial support to any student who

10 is a participant under this subtitle, except reimbursement

11 for transportation, meals, and other reasonable out-of12 pocket expenses directly related to participation in a pro13 gram assisted under this subpart.

14 ‘‘SEC. 116B. DEFINITIONS.

15 ‘‘As used in this subpart:

16 ‘‘(1) GRANTMAKING ENTITY.—The term

17 ‘grantmaking entity’ means an organization de18 scribed in section 111B(a).

19 ‘‘(2) SCHOOL-BASED.—The term ‘school-based’

20 means based in an elementary school or a secondary

21 school.

22 ‘‘(3) STUDENT.—Notwithstanding section

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

24 is enrolled in an elementary or secondary school on

25 a full- or part-time basis.
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1 ‘‘Subpart B—Community-Based Service Programs for

2 School-Age Youth

3 ‘‘SEC. 117. DEFINITIONS.

4 ‘‘As used in this subpart:

5 ‘‘(1) COMMUNITY-BASED SERVICE PROGRAM.—

6 The term ‘community-based service program’ means

7 a program described in section 117A(b)(1)(A).

8 ‘‘(2) GRANTMAKING ENTITY.—The term

9 ‘grantmaking entity’ means a qualified organization

10 that—

11 ‘‘(A) submits an application under section

12 117C(a) to make grants to qualified organiza13 tions; and

14 ‘‘(B) was in existence 1 year before the

15 date on which the organization submitted the

16 application.

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

18 ‘qualified organization’ means a public or private

19 not-for-profit organization with experience working

20 with school-age youth that meets such criteria as the

21 Chairperson may establish.

22 ‘‘SEC. 117A. GENERAL AUTHORITY.

23 ‘‘(a) GRANTS.—From the funds appropriated to

24 carry out this subpart for a fiscal year, the Corporation

25 may make grants to State Commissions, grantmaking en26 tities, and qualified organizations to pay for the Federal
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1 share of the implementation, operation, expansion, or rep2 lication of community-based service programs.

3 ‘‘(b) USE OF FUNDS.—

4 ‘‘(1) STATE COMMISSIONS AND GRANTMAKING

5 ENTITIES.—A State Commission or grantmaking en6 tity may use a grant made under subsection (a)—

7 ‘‘(A) to make a grant to a qualified organi8 zation to implement, operate, expand, or rep9 licate a community-based service-learning pro10 gram that provides for meaningful human, edu11 cational, environmental, or public safety service

12 by participants, who shall be school-age youth;

13 or

14 ‘‘(B) to provide training and technical as15 sistance to such an organization.

16 ‘‘(2) QUALIFIED ORGANIZATIONS.—A qualified

17 organization, other than a grantmaking entity, may

18 use a grant made under subsection (a) to implement,

19 operate, expand, or replicate a program described in

20 paragraph (1)(A).

21 ‘‘SEC. 117B. STATE APPLICATIONS.

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

23 under section 117A(a), a State Commission shall prepare,

24 submit to the Corporation, and obtain approval of, an ap25 plication.
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1 ‘‘(b) SUBMISSION.—Such application shall be submit2 ted to the Corporation at such time and in such manner,

3 and shall contain such information, as the Chairperson

4 may reasonably require.

5 ‘‘(c) CONTENTS.—Such an application shall include,

6 at a minimum, a State plan that contains the descriptions,

7 proposals, and assurance described in section 117C(d)

8 with respect to each community-based service program

9 proposed to be carried out through funding distributed by

10 the State Commission under this subpart.

11 ‘‘SEC. 117C. LOCAL APPLICATIONS.

12 ‘‘(a) APPLICATION TO CORPORATION TO MAKE

13 GRANTS FOR COMMUNITY-BASED SERVICE PROGRAMS.—

14 To be eligible to receive a grant from the Corporation

15 under section 117A(a) to make grants under section

16 117A(b)(1), a grantmaking entity shall prepare, submit

17 to the Corporation, and obtain approval of, an application

18 that proposes a community-based service program to be

19 carried out through grants made to qualified organiza20 tions. Such application shall be submitted at such time

21 and in such manner, and shall contain such information,

22 as the Chairperson may reasonably require.

23 ‘‘(b) DIRECT APPLICATION TO CORPORATION TO

24 CARRY OUT COMMUNITY-BASED SERVICE PROGRAMS.—

25 To be eligible to receive a grant from the Corporation
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1 under section 117A(a) to implement, operate, expand, or

2 replicate a community service program, a qualified organi3 zation shall prepare, submit to the Corporation, and ob4 tain approval of, an application that proposes a commu5 nity-based service program to be carried out at multiple

6 sites, or that proposes an innovative community-based

7 service program. Such application shall be submitted at

8 such time and in such manner, and shall contain such in9 formation, as the Chairperson may reasonably require.

10 ‘‘(c) APPLICATION TO STATE COMMISSION OR

11 GRANTMAKING ENTITY TO RECEIVE GRANTS TO CARRY

12 OUT COMMUNITY-BASED SERVICE PROGRAMS.—To be el13 igible to receive a grant from a State Commission or

14 grantmaking entity under section 117A(b)(1), a qualified

15 organization shall prepare, submit to the Commission or

16 entity, and obtain approval of, an application. Such appli17 cation shall be submitted at such time and in such man18 ner, and shall contain such information, as the Commis19 sion or entity may reasonably require.

20 ‘‘(d) REQUIREMENTS OF APPLICATION.—An applica21 tion submitted under subsection (a), (b), or (c) shall, at

22 a minimum, contain—

23 ‘‘(1) a description of any community-based

24 service program proposed to be implemented, oper-
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1 ated, expanded, or replicated directly by the appli2 cant using assistance provided under this subpart;

3 ‘‘(2) a description of any grant program pro4 posed to be conducted by the applicant with assist5 ance provided under this subpart to support a com6 munity-based service program;

7 ‘‘(3) a proposal for carrying out the commu8 nity-based service program that describes the man9 ner in which the entity carrying out the program

10 will—

11 ‘‘(A) provide preservice and inservice train12 ing, for supervisors and participants, that will

13 be conducted by qualified individuals, or quali14 fied organizations, that have experience in com15 munity-based service programs;

16 ‘‘(B) include economically disadvantaged

17 individuals as participants in the program pro18 posed by the applicant;

19 ‘‘(C) provide an age-appropriate service20 learning component described in section

21 114(d)(5)(B);

22 ‘‘(D) conduct an appropriate evaluation of

23 the program;

24 ‘‘(E) provide for appropriate community

25 involvement in the program;
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1 ‘‘(F) provide service experiences that pro2 mote leadership abilities among participants in

3 the program, including experiences that involve

4 such participants in program design;

5 ‘‘(G) involve participants in projects ap6 proved by community-based agencies;

7 ‘‘(H) establish and measure progress to8 ward the goals of the program; and

9 ‘‘(I) organize participants in the program

10 into teams, with team leaders who may be par11 ticipants in a program under subtitle C or indi12 viduals who receive a national service edu13 cational award under subtitle D; and

14 ‘‘(4) an assurance that the entity carrying out

15 the program proposed by the applicant will comply

16 with the nonduplication and nondisplacement provi17 sions of section 177 and grievance procedure re18 quirements of section 176(f).

19 ‘‘SEC. 117D. CONSIDERATION OF APPLICATIONS.

20 ‘‘(a) APPLICATION OF CRITERIA.—The Corporation

21 shall apply the criteria described in subsection (b) in de22 termining whether to approve an application submitted

23 under section 117B or under subsection (a) or (b) of sec24 tion 117C and to provide assistance under section 117A

25 to the applicant on the basis of the application.
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1 ‘‘(b) ASSISTANCE CRITERIA.—In evaluating such an

2 application with respect to a program under this subpart,

3 the Corporation shall consider the criteria established for

4 national service programs under section 133(c).

5 ‘‘(c) APPLICATION TO SUBGRANTS.—A State Com6 mission or grantmaking entity shall apply the criteria de7 scribed in subsection (b) in determining whether to ap8 prove an application under section 117C(c) and to make

9 a grant under section 117A(b)(1) to the applicant on the

10 basis of the application.

11 ‘‘SEC. 117E. FEDERAL, STATE, AND LOCAL CONTRIBUTIONS.

12 ‘‘(a) FEDERAL SHARE.—

13 ‘‘(1) IN GENERAL.—The Federal share attrib14 utable to this subpart of the cost of carrying out a

15 program for which a grant is made under this sub16 part may not exceed the percentage specified in sub17 paragraph (A), (B), (C), or (D) of section 116(a)(1),

18 as appropriate.

19 ‘‘(2) CALCULATION.—Each recipient of assist20 ance under this subpart shall comply with section

21 116(a)(2).

22 ‘‘(b) WAIVER.—The Chairperson may waive the re23 quirements of subsection (a), in whole or in part, as pro24 vided in section 116(b).
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1 ‘‘SEC. 117F. LIMITATIONS ON USES OF FUNDS.

2 ‘‘(a) ADMINISTRATIVE COSTS.—Not more than 5 per3 cent of the amount of assistance provided to a State Com4 mission, grantmaking entity, or qualified organization that

5 is the original recipient of a grant under section 117A(a)

6 for a fiscal year may be used to pay for administrative

7 costs incurred by—

8 ‘‘(1) the original recipient; or

9 ‘‘(2) the entity carrying out the community10 based service programs supported with the assist11 ance.

12 ‘‘(b) RULES ON USE.—The Chairperson may by rule

13 prescribe the manner and extent to which—

14 ‘‘(1) such assistance may be used to cover ad15 ministrative costs; and

16 ‘‘(2) that portion of the assistance available to

17 cover administrative costs should be distributed be18 tween—

19 ‘‘(A) the original recipient; and

20 ‘‘(B) the entity carrying out the commu21 nity-based service programs supported with the

22 assistance.

23 ‘‘Subpart C—Clearinghouse

24 ‘‘SEC. 118. SERVICE-LEARNING CLEARINGHOUSE.

25 ‘‘(a) IN GENERAL.—The Corporation shall provide fi26 nancial assistance, from funds appropriated to carry out
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1 subtitle H, to agencies described in subsection (b) to es2 tablish a clearinghouse, which shall carry out activities,

3 either directly or by arrangement with another such entity,

4 with respect to information about service-learning.

5 ‘‘(b) PUBLIC AND PRIVATE NOT-FOR-PROFIT AGEN6 CIES.—Public and private not-for-profit agencies that

7 have extensive experience with service-learning, including

8 use of adult volunteers to foster service-learning, shall be

9 eligible to receive assistance under subsection (a).

10 ‘‘(c) FUNCTION OF CLEARINGHOUSE.—An entity

11 that receives assistance under subsection (a) may—

12 ‘‘(1) assist entities carrying out State or local

13 service-learning programs with needs assessments

14 and planning;

15 ‘‘(2) conduct research and evaluations concern16 ing service-learning;

17 ‘‘(3)(A) provide leadership development and

18 training to State and local service-learning program

19 administrators, supervisors, service sponsors, and

20 participants; and

21 ‘‘(B) provide training to persons who can pro22 vide the leadership development and training de23 scribed in subparagraph (A);
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1 ‘‘(4) facilitate communication among entities

2 carrying out service-learning programs and partici3 pants in such programs;

4 ‘‘(5) provide information, curriculum materials,

5 and technical assistance relating to planning and op6 eration of service-learning programs, to States and

7 local entities eligible to receive financial assistance

8 under this title;

9 ‘‘(6)(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 ‘‘(7) make recommendations to State and local

18 entities on quality controls to improve the quality of

19 service-learning programs;

20 ‘‘(8) assist organizations in recruiting, screen21 ing, and placing service-learning coordinators; and

22 ‘‘(9) 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 not-for-profit

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

20 cost of—

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

22 to create or expand an organized community service

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

3 which the institution is located; and

4 ‘‘(B) provides projects for participants,

5 who shall be students, faculty, administration,

6 or staff of the institution, or residents of the

7 community;

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

10 program;

11 ‘‘(3) facilitating the integration of community

12 service carried out under the program into academic

13 curricula, including integration of clinical programs

14 into the curriculum for students in professional

15 schools, so that students can obtain credit for their

16 community service projects;

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

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

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

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

21 service through the community service program;

22 ‘‘(5) strengthening the service infrastructure

23 within institutions of higher education in the United

24 States through the program; and
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1 ‘‘(6) providing for the training of teachers, pro2 spective teachers, related education personnel, and

3 community leaders in the skills necessary to develop,

4 supervise, and organize service-learning.

5 ‘‘(c) FEDERAL SHARE.—

6 ‘‘(1) SHARE.—

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

8 the cost of carrying out a community service

9 project for which a grant or contract is awarded

10 under this part may not exceed 50 percent.

11 ‘‘(B) CALCULATION.—Each recipient of as12 sistance under this part shall comply with sec13 tion 116(a)(2).

14 ‘‘(2) WAIVER.—The Chairperson may waive the

15 requirements of paragraph (1), in whole or in part,

16 as provided in section 116(b).

17 ‘‘(d) APPLICATION FOR GRANT.—

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

19 into a contract under this part, an institution or

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

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

23 as the Chairperson may reasonably require.

24 ‘‘(2) CONTENTS.—An application submitted

25 under paragraph (1) shall contain—
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1 ‘‘(A) such information as the Chairperson

2 may reasonably require, such as a description

3 of—

4 ‘‘(i) the proposed program to be es5 tablished with assistance provided under

6 the grant or contract;

7 ‘‘(ii) the human, educational, environ8 mental, or public safety service that par9 ticipants will perform and the community

10 need that will be addressed under such

11 program;

12 ‘‘(iii) whether or not students will re13 ceive academic credit for community serv14 ice projects under the program;

15 ‘‘(iv) the procedure for training super16 visors and participants and for supervising

17 and organizing participants in such pro18 gram;

19 ‘‘(v) the procedures to ensure that the

20 program includes the age-appropriate

21 learning component described in section

22 114(d)(5)(B);

23 ‘‘(vi) the roles played by students and

24 community members, including service re-
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1 cipients, in the design and implementation

2 of the program; and

3 ‘‘(vii) the budget for the program;

4 ‘‘(B) assurances that—

5 ‘‘(i) prior to the placement of a partic6 ipant, the applicant will consult with any

7 local labor organization representing em8 ployees in the area who are engaged in the

9 same or similar work as that proposed to

10 be carried out by such program, to prevent

11 the displacement and protect the rights of

12 such employees; and

13 ‘‘(ii) the applicant will comply with

14 the nonduplication and nondisplacement

15 provisions of section 177 and grievance

16 procedure requirements of section 176(f);

17 and

18 ‘‘(C) such other assurances as the Chair19 person may reasonably require.

20 ‘‘(e) PRIORITY.—

21 ‘‘(1) IN GENERAL.—In making grants and en22 tering into contracts under subsection (b), the Cor23 poration shall give priority to applicants that submit

24 applications containing proposals that—
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1 ‘‘(A) demonstrate the commitment of the

2 institution of higher education, other than by

3 demonstrating the commitment of the students,

4 to supporting the community service projects

5 carried out under the program;

6 ‘‘(B) specify the manner in which the insti7 tution will promote faculty, administration, and

8 staff participation in the community service

9 projects;

10 ‘‘(C) specify the manner in which the insti11 tution will provide service to the community

12 through organized programs, including, where

13 appropriate, clinical programs for students in

14 professional schools;

15 ‘‘(D) describe any partnership that will

16 participate in the community service projects,

17 such as a partnership comprised of—

18 ‘‘(i) the institution;

19 ‘‘(ii)(I) a community-based agency;

20 ‘‘(II) a local government agency; or

21 ‘‘(III) a not-for-profit entity that

22 serves or involves school-age youth or older

23 adults; and

24 ‘‘(iii) a student organization;
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1 ‘‘(E) demonstrate community involvement

2 in the development of the proposal;

3 ‘‘(F) specify that the institution will use

4 such assistance to strengthen the service infra5 structure in institutions of higher education; or

6 ‘‘(G) with respect to projects involving de7 livery of service, specify projects that involve

8 leadership development of school-age youth.

9 ‘‘(2) DETERMINATION.—In giving priority to

10 applicants under paragraph (1), the Corporation

11 shall give increased priority to such an applicant for

12 each characteristic described in subparagraphs (A)

13 through (G) of paragraph (1) that is reflected in the

14 application submitted by the applicant.

15 ‘‘(f) NATIONAL SERVICE EDUCATIONAL AWARD.—A

16 participant in a program funded under this part shall be

17 eligible for the national service educational award de18 scribed in subtitle D, if the participant served in an ap19 proved national service position.

20 ‘‘(g) DEFINITION.—Notwithstanding section

21 101(28), as used in this part, the term ‘student’ means

22 an individual who is enrolled in an institution of higher

23 education on a full- or part-time basis.
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1 ‘‘PART III—GENERAL PROVISIONS

2 ‘‘SEC. 120. AVAILABILITY OF APPROPRIATIONS.

3 ‘‘Of the aggregate amount appropriated to carry out

4 this subtitle for each fiscal year—

5 ‘‘(1) a sum equal to 75 percent of such aggre6 gate amount shall be available to carry out part I,

7 of which—

8 ‘‘(A) 85 percent of such sum shall be avail9 able to carry out subpart A; and

10 ‘‘(B) 15 percent of such sum shall be avail11 able to carry out subpart B; and

12 ‘‘(2) a sum equal to 25 percent of such aggre13 gate amount shall be available to carry out part II.’’.

14 (c) 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 B of title I of such Act and in18 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 not-for-profit organizations.

‘‘Sec. 112. Grants and allotments.

‘‘Sec. 113. State or tribal applications.

‘‘Sec. 114. Local applications.

‘‘Sec. 115. Consideration of applications.

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

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

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

‘‘Sec. 116B. Definitions.
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‘‘SUBPART B—COMMUNITY-BASED SERVICE PROGRAMS FOR SCHOOL-AGE

YOUTH

‘‘Sec. 117. Definitions.

‘‘Sec. 117A. General authority.

‘‘Sec. 117B. State applications.

‘‘Sec. 117C. Local applications.

‘‘Sec. 117D. Consideration of applications.

‘‘Sec. 117E. Federal, State, and local contributions.

‘‘Sec. 117F. Limitations on uses of funds.

‘‘SUBPART C—CLEARINGHOUSE

‘‘Sec. 118. Service-learning clearinghouse.

‘‘PART II—HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY

SERVICE

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

‘‘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 is amended—

7 (1) by redesignating subtitle H (42 U.S.C.

8 12653 et seq.) as subtitle E;

9 (2) by inserting subtitle E (as redesignated by

10 paragraph (1) of this subsection) after subtitle D;

11 and

12 (3) by redesignating sections 195 through 195O

13 as sections 151 through 166, respectively.

14 (c) INVESTMENT FOR QUALITY AND INNOVATION.—

15 Title I of the National and Community Service Act of
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1 1990 (as amended by subsection (b) of this section) is

2 amended by adding at the end the following new subtitle:

3 ‘‘Subtitle H—Investment for

4 Quality and Innovation

5 ‘‘SEC. 198. ADDITIONAL CORPORATION ACTIVITIES TO SUP6 PORT NATIONAL SERVICE.

7 ‘‘(a) METHODS OF CONDUCTING ACTIVITIES.—The

8 Corporation may carry out this section directly or through

9 grants, contracts, and cooperative agreements with other

10 entities.

11 ‘‘(b) INNOVATION AND QUALITY IMPROVEMENT.—

12 ‘‘(1) ACTIVITIES.—The Corporation may under13 take activities to improve the quality of national

14 service programs and to support innovative and

15 model programs, including—

16 ‘‘(A) programs under subtitle B or C for

17 rural youth;

18 ‘‘(B) employer-based retiree programs;

19 ‘‘(C) intergenerational programs;

20 ‘‘(D) programs involving individuals with

21 disabilities as participants providing service;

22 and

23 ‘‘(E) programs sponsored by Governors.

24 ‘‘(2) INTERGENERATIONAL PROGRAM.—An

25 intergenerational program referred to in paragraph
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1 (1)(C) may include a program in which older adults

2 provide services to children who participate in Head

3 Start programs.

4 ‘‘(c) SUMMER PROGRAMS.—The Corporation may

5 support service programs intended to be carried out be6 tween May 1 and October 1, except that such a program

7 may also include a year-round component.

8 ‘‘(d) COMMUNITY-BASED AGENCIES.—The Corpora9 tion may provide training and technical assistance and

10 other assistance to service sponsors and other community11 based agencies that provide volunteer placements in order

12 to improve the ability of such agencies to use participants

13 and other volunteers in a manner that results in high-qual14 ity service and a positive service experience for the partici15 pants and volunteers.

16 ‘‘(e) IMPROVE ABILITY TO APPLY FOR ASSIST17 ANCE.—The Corporation may provide training and tech18 nical assistance to individuals, programs, local labor orga19 nizations, State educational agencies, State commissions,

20 local educational agencies, local governments, community21 based agencies, and other entities to enable them to apply

22 for funding under one of the national service laws, to con23 duct high-quality programs, to evaluate such programs,

24 and for other purposes.
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1 ‘‘(f) NATIONAL SERVICE FELLOWSHIPS.—The Cor2 poration may award national service fellowships.

3 ‘‘(g) CONFERENCES AND MATERIALS.—The Corpora4 tion may organize and hold conferences, and prepare and

5 publish materials, to disseminate information and promote

6 the sharing of information among programs for the pur7 pose of improving the quality of programs and projects.

8 ‘‘(h) PEACE CORPS AND VISTA TRAINING.—The

9 Corporation may provide training assistance to selected in10 dividuals who volunteer to serve in the Peace Corps or a

11 program authorized under title I of the Domestic Volun12 teer Service Act of 1973 (42 U.S.C. 4951 et seq.). The

13 training shall be provided as part of the course of study

14 of the individual at an institution of higher education,

15 shall involve service-learning, and shall cover appropriate

16 skills that the individual will use in the Peace Corps or

17 VISTA.

18 ‘‘(i) PROMOTION AND RECRUITMENT.—The Corpora19 tion may conduct a campaign to solicit funds for the Na20 tional Service Trust and other programs and activities au21 thorized under the national service laws and to promote

22 and recruit participants for programs that receive assist23 ance under the national service laws.

24 ‘‘(j) TRAINING.—The Corporation may support na25 tional and regional participant and supervisor training, in-
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1 cluding leadership training and training in specific types

2 of service and in building the ethic of civic responsibility.

3 ‘‘(k) RESEARCH.—The Corporation may support re4 search on national service, including service-learning.

5 ‘‘(l) INTERGENERATIONAL SUPPORT.—The Corpora6 tion may assist programs in developing a service compo7 nent that combines students, out-of-school youths, and

8 older adults as participants to provide needed community

9 services.

10 ‘‘(m) PLANNING COORDINATION.—The Corporation

11 may coordinate community-wide planning among pro12 grams and projects.

13 ‘‘(n) YOUTH LEADERSHIP.—The Corporation may

14 support activities to enhance the ability of youth and

15 young adults to play leadership roles in national service.

16 ‘‘(o) NATIONAL PROGRAM IDENTITY.—The Corpora17 tion may support the development and dissemination of

18 materials, including training materials, and arrange for

19 uniforms and insignia, designed to promote unity and

20 shared features among programs that receive assistance

21 under the national service laws.

22 ‘‘(p) SERVICE-LEARNING.—The Corporation shall

23 support innovative programs and activities that promote

24 service-learning.
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1 ‘‘SEC. 198A. CLEARINGHOUSES.

2 ‘‘(a) ASSISTANCE.—The Corporation shall provide as3 sistance to appropriate entities to establish one or more

4 clearinghouses, including the clearinghouse described in

5 section 118.

6 ‘‘(b) APPLICATION.—To be eligible to receive assist7 ance under subsection (a), an entity shall submit an appli8 cation to the Corporation at such time, in such manner,

9 and containing such information as the Corporation may

10 require.

11 ‘‘(c) FUNCTION OF CLEARINGHOUSES.—An entity

12 that receives assistance under subsection (a) may—

13 ‘‘(1) assist entities carrying out State or local

14 community service programs with needs assessments

15 and planning;

16 ‘‘(2) conduct research and evaluations concern17 ing community service;

18 ‘‘(3)(A) provide leadership development and

19 training to State and local community service pro20 gram administrators, supervisors, and participants;

21 and

22 ‘‘(B) provide training to persons who can pro23 vide the leadership development and training de24 scribed in subparagraph (A);
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1 ‘‘(4) facilitate communication among entities

2 carrying out community service programs and par3 ticipants;

4 ‘‘(5) provide information, curriculum materials,

5 technical assistance relating to planning and oper6 ation of community service programs, to States and

7 local entities eligible to receive funds under this title;

8 ‘‘(6)(A) gather and disseminate information on

9 successful community service programs, components

10 of such successful programs, innovative youth skills

11 curriculum, and community service projects; and

12 ‘‘(B) coordinate the activities of the clearing13 house with appropriate entities to avoid duplication

14 of effort;

15 ‘‘(7) make recommendations to State and local

16 entities on quality controls to improve the delivery of

17 community service programs and on changes in the

18 programs under this title; and

19 ‘‘(8) carry out such other activities as the

20 Chairperson determines to be appropriate.’’.

21 ‘‘SEC. 198B. PRESIDENTIAL AWARDS FOR SERVICE.

22 ‘‘(a) PRESIDENTIAL AWARDS.—

23 ‘‘(1) IN GENERAL.—The President, acting

24 through the Corporation, may make Presidential
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1 awards for service to individuals providing signifi2 cant service, and to outstanding service programs.

3 ‘‘(2) INDIVIDUALS AND PROGRAMS.—Notwith4 standing section 101(17)—

5 ‘‘(A) an individual receiving an award

6 under this subsection need not be a participant

7 in a program authorized under this Act; and

8 ‘‘(B) a program receiving an award under

9 this subsection need not be a program author10 ized under this Act.

11 ‘‘(3) NATURE OF AWARD.—In making an award

12 under this section to an individual or program, the

13 President, acting through the Corporation—

14 ‘‘(A) is authorized to incur necessary ex15 penses for the honorary recognition of the indi16 vidual or program; and

17 ‘‘(B) is not authorized to make a cash

18 award to such individual or program.

19 ‘‘(b) INFORMATION.—The President, acting through

20 the Corporation, shall ensure that information concerning

21 individuals and programs receiving awards under this sec22 tion is widely disseminated.’’.

23 (d) TABLE OF CONTENTS.—

24 (1) CIVILIAN COMMUNITY CORPS.—Section 1(b)

25 of the National and Community Service Act of 1990
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1 (Public Law 101–610; 104 Stat. 3127) is amended

2 by striking the items relating to subtitle E of title

3 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 personnel under Federal law.

‘‘Sec. 159. Administrative provisions.

‘‘Sec. 160. Status of Corps members and Corps personnel under Federal law.

‘‘Sec. 161. Contract and grant authority.

‘‘Sec. 162. Responsibilities of other departments.

‘‘Sec. 163. Advisory board.

‘‘Sec. 164. Annual evaluation.

‘‘Sec. 165. Funding limitation.

‘‘Sec. 166. Definitions.’’.

4 (2) QUALITY AND INNOVATION.—Section 1(b)

5 of the National and Community Service Act of 1990

6 (Public Law 101–610; 104 Stat. 3127) is amended

7 by striking the items relating to subtitle H of title

8 I of such Act and inserting the following:

‘‘Subtitle H—Investment for Quality and Innovation

‘‘Sec. 198. Additional corporation activities to support national service.

‘‘Sec. 198A. Clearinghouses.

‘‘Sec. 198B. Presidential awards for service.’’.

9 (e) TECHNICAL AND CONFORMING AMENDMENTS.—

10 (1) NATIONAL DEFENSE AUTHORIZATION ACT

11 FOR FISCAL YEAR 1993.—

12 (A) Section 1091(f)(2) of the National De13 fense Authorization Act for Fiscal Year 1993
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1 (Public Law 102–484) is amended by striking

2 ‘‘195G’’ and inserting ‘‘158’’.

3 (B) Paragraphs (1) and (2) of section

4 1092(b), and sections 1092(c), 1093(a), and

5 1094(a) of such Act are amended by striking

6 ‘‘195A’’ and inserting ‘‘152’’.

7 (C) Sections 1091(f)(2), 1092(b)(1), and

8 1094(a), and subsections (a) and (c) of section

9 1095 of such Act are amended by striking

10 ‘‘subtitle H’’ and inserting ‘‘subtitle E’’.

11 (D) Section 1094(b)(1) and subsections (b)

12 and (c)(1) of section 1095 of such Act are

13 amended by striking ‘‘subtitles B, C, D, E, F,

14 and G’’ and inserting ‘‘subtitles B, C, D, F, G,

15 and H’’.

16 (2) NATIONAL AND COMMUNITY SERVICE ACT

17 OF 1990.—

18 (A) Section 153(a) of such Act (as redesig19 nated in subsection (b)(3) of this section) (42

20 U.S.C. 12653b(a)) is amended by striking

21 ‘‘195A(a)’’ and inserting ‘‘152(a)’’.

22 (B) Section 154(a) of such Act (as redesig23 nated in subsection (b)(3) of this section) (42

24 U.S.C. 12653c(a)) is amended by striking

25 ‘‘195A(a)’’ and inserting ‘‘152(a)’’.
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1 (C) Section 155 of such Act (as redesig2 nated in subsection (b)(3) of this section) (42

3 U.S.C. 12653d) is amended—

4 (i) in subsection (a), by striking

5 ‘‘195H(c)(1)’’ and inserting ‘‘159(c)(1)’’;

6 (ii) in subsection (c)(2), by striking

7 ‘‘195H(c)(2)’’ and inserting ‘‘159(c)(2)’’;

8 and

9 (iii) in subsection (d)(3), by striking

10 ‘‘195K(a)(3)’’ and inserting ‘‘162(a)(3)’’.

11 (D) Section 156 of such Act (as redesig12 nated in subsection (b)(3) of this section) (42

13 U.S.C. 12653e) is amended—

14 (i) in subsection (c)(1), by striking

15 ‘‘195H(c)(2)’’ and inserting ‘‘159(c)(2)’’;

16 and

17 (ii) in subsection (d), by striking

18 ‘‘195K(a)(3)’’ and inserting ‘‘162(a)(3)’’.

19 (E) Section 159 of such Act (as redesig20 nated in subsection (b)(3) of this section) (42

21 U.S.C. 12653h) is amended—

22 (i) in subsection (a)—

23 (I) by striking ‘‘195A’’ and in24 serting ‘‘152’’; and
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1 (II) by striking ‘‘195’’ and in2 serting ‘‘151’’; and

3 (ii) in subsection (c)(2)(C)(i), by

4 striking ‘‘195K(a)(2)’’ and inserting ‘‘sec5 tion 162(a)(2)’’.

6 (F) Section 161(b)(1)(B) of such Act (as

7 redesignated in subsection (b)(3) of this sec8 tion) (42 U.S.C. 12653j(b)(1)(B)) is amended

9 by striking ‘‘195K(a)(3)’’ and inserting

10 ‘‘162(a)(3)’’.

11 (G) Section 162(a)(2)(A) of such Act (as

12 redesignated in subsection (b)(3) of this sec13 tion) (42 U.S.C. 12653k(a)(2)(A)) is amended

14 by striking ‘‘195(3)’’ and inserting ‘‘151(3)’’.

15 (H) Section 166 of such Act (as redesig16 nated in subsection (b)(3) of this section) (42

17 U.S.C. 12653o) is amended—

18 (i) in paragraph (2), by striking

19 ‘‘195D’’ and inserting ‘‘155’’;

20 (ii) in paragraph (8), by striking

21 ‘‘195A’’ and inserting ‘‘152’’;

22 (iii) in paragraph (10), by striking

23 ‘‘195D(d)’’ and inserting ‘‘155(d)’’; and

24 (iv) in paragraph (11), by striking

25 ‘‘195D(c)’’ and inserting ‘‘155(c)’’.
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1 (f) EXTENSION OF AUTHORITY TO CONDUCT CIVIL2 IAN COMMUNITY CORPS.—Section 1092(c) of the National

3 Defense Authorization Act for Fiscal Year 1993 (Public

4 Law 102–484; 106 Stat. 2534), as amended by subsection

5 (e)(1) of this section, is further amended by adding at the

6 end the following new sentence: ‘‘The amount made avail7 able for the Civilian Community Corps Demonstration

8 Program pursuant to this subsection shall remain avail9 able for expenditure during fiscal years 1993 and 1994.’’.

10 (g) ADDITIONAL AMENDMENT REGARDING CIVILIAN

11 COMMUNITY CORPS.—Section 158 of the National and

12 Community Service Act of 1990 (as redesignated in sub13 section (b)(3) of this section) (42 U.S.C. 12653g) is

14 amended by striking subsections (f), (g), and (h) and in15 serting the following new subsections:

16 ‘‘(f) NATIONAL SERVICE EDUCATIONAL AWARDS.—

17 A Corps member who successfully completes a period of

18 agreed service in the Corps may receive the national serv19 ice educational award described in subtitle D if the Corps

20 member—

21 ‘‘(1) serves in an approved national service po22 sition; and

23 ‘‘(2) satisfies the eligibility requirements speci24 fied in section 146 with respect to service in that ap25 proved national service position.
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1 ‘‘(g) ALTERNATIVE BENEFIT.—If a Corps member

2 who successfully completes a period of agreed service in

3 the Corps is ineligible for the national service educational

4 award described in subtitle D, the Director may provide

5 for the provision of a suitable alternative benefit for the

6 Corps member.’’.

7 Subtitle B—Related Provisions

8 SEC. 111. DEFINITIONS.

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

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

11 amended to read as follows:

12 ‘‘SEC. 101. DEFINITIONS.

13 ‘‘For purposes of this title:

14 ‘‘(1) ADULT VOLUNTEER.—The term ‘adult vol15 unteer’ means an individual, such as an older adult,

16 an individual with a disability, a parent, or an em17 ployee of a business or public or private not-for-prof18 it agency, who—

19 ‘‘(A) works without financial remuneration

20 in an educational institution to assist students

21 or out-of-school youth; and

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

23 school attendance in the State in which the edu24 cational institution is located.
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1 ‘‘(2) APPROVED NATIONAL SERVICE POSI2 TION.—The term ‘approved national service position’

3 means a national service position designated by the

4 Corporation as a position that includes a national

5 service educational award described in section 147

6 as one of the benefits to be provided for successful

7 service in the position.

8 ‘‘(3) CARRY OUT.—The term ‘carry out’, when

9 used in connection with a national service program

10 described in section 122, means the planning, estab11 lishment, operation, expansion, or replication of the

12 program.

13 ‘‘(4) CHAIRPERSON.—The term ‘Chairperson’

14 means the Chairperson and Director of the Corpora15 tion appointed under section 193.

16 ‘‘(5) COMMUNITY-BASED AGENCY.—The term

17 ‘community-based agency’ means a private not-for18 profit organization that is representative of a com19 munity and that is engaged in meeting human, edu20 cational, environmental, or public safety community

21 needs.

22 ‘‘(6) CORPORATION.—The term ‘Corporation’

23 means the Corporation for National Service estab24 lished under section 191.
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1 ‘‘(7) ECONOMICALLY DISADVANTAGED.—The

2 term ‘economically disadvantaged’ means, with re3 spect to an individual, an individual who is deter4 mined by the Chairperson to be low-income accord5 ing to the latest available data from the Department

6 of Commerce.

7 ‘‘(8) ELEMENTARY SCHOOL.—The term ‘ele8 mentary school’ has the same meaning given such

9 term in section 1471(8) of the Elementary and Sec10 ondary Education Act of 1965 (20 U.S.C. 2891(8)).

11 ‘‘(9) INDIAN.—The term ‘Indian’ means a per12 son who is a member of an Indian tribe.

13 ‘‘(10) INDIAN LANDS.—The term ‘Indian lands’

14 means any real property owned by an Indian tribe,

15 any real property held in trust by the United States

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

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

18 restrictions on alienation imposed by the United

19 States.

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

21 means an Indian tribe, band, nation, or other orga22 nized group or community, including any Native vil23 lage, Regional Corporation, or Village Corporation,

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

25 of section 3 of the Alaska Native Claims Settlement
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1 Act (43 U.S.C. 1602 (c), (g), or (j)), that is recog2 nized as eligible for the special programs and serv3 ices provided by the United States under Federal

4 law to Indians because of their status as Indians.

5 ‘‘(12) INSTITUTION OF HIGHER EDUCATION.—

6 The term ‘institution of higher education’ has the

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

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

9 1141(a)).

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

11 term ‘local educational agency’ has the same mean12 ing given such term in section 1471(12) of the Ele13 mentary and Secondary Education Act of 1965 (20

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

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

16 ‘national service laws’ means this Act and the Do17 mestic Volunteer Service Act of 1973 (42 U.S.C.

18 4950 et seq.).

19 ‘‘(15) OUT-OF-SCHOOL YOUTH.—The term ‘out20 of-school youth’ means an individual who—

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

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

23 equivalent thereof; and
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1 ‘‘(C) is not enrolled in an elementary or

2 secondary school or institution of higher edu3 cation.

4 ‘‘(16) PARTICIPANT.—

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

6 means—

7 ‘‘(i) for purposes of subtitle C, an in8 dividual in an approved national service

9 position; and

10 ‘‘(ii) for purposes of any other provi11 sion of this Act, an individual enrolled in

12 a program that receives assistance under

13 this title.

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

15 considered to be an employee of the program in

16 which the participant is enrolled.

17 ‘‘(17) PARTNERSHIP PROGRAM.—The term

18 ‘partnership program’ means a program through

19 which an adult volunteer, a public or private not-for20 profit agency, an institution of higher education, or

21 a business assists a local educational agency.

22 ‘‘(18) PROGRAM.—The term ‘program’, except

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

24 means a program described in section 111(a) (other

25 than a program referred to in paragraph (3)(B) of
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1 such section), 117A(a), 119(b)(1), or 122(a), in

2 paragraph (1) or (2) of section 152(b), or in section

3 198.

4 ‘‘(19) PROJECT.—The term ‘project’ means an

5 activity, carried out through a program that receives

6 assistance under this title, that results in a specific

7 identifiable service or improvement that otherwise

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

9 not duplicate the routine services or functions of the

10 employer to whom participants are assigned.

11 ‘‘(20) SCHOOL-AGE YOUTH.—The term ‘school12 age youth’ means an individual between the ages of

13 5 and 17, inclusive.

14 ‘‘(21) SECONDARY SCHOOL.—The term ‘second15 ary school’ has the same meaning given such term

16 in section 1471(21) of the Elementary and Second17 ary Education Act of 1965 (20 U.S.C. 2891(21)).

18 ‘‘(22) SERVICE-LEARNING.—The term ‘service19 learning’ means a method—

20 ‘‘(A) under which students or participants

21 learn and develop through active participation

22 in thoughtfully organized service that—

23 ‘‘(i) is conducted in and meets the

24 needs of a community;
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1 ‘‘(ii) is coordinated with an elemen2 tary school, secondary school, institution of

3 higher education, or community service

4 program, and with the community; and

5 ‘‘(iii) helps foster civic responsibility;

6 and

7 ‘‘(B) that—

8 ‘‘(i) is integrated into and enhances

9 the academic curriculum of the students,

10 or the educational components of the com11 munity service program in which the par12 ticipants are enrolled; and

13 ‘‘(ii) provides structured time for the

14 students or participants to reflect on the

15 service experience.

16 ‘‘(23) SERVICE-LEARNING COORDINATOR.—The

17 term ‘service-learning coordinator’ means an individ18 ual who provides services as described in section

19 subsection (a)(3) or (b) of section 111.

20 ‘‘(24) SERVICE SPONSOR.—The term ‘service

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

22 has been selected to provide a placement for a par23 ticipant.

24 ‘‘(25) STATE.—The term ‘State’ means each of

25 the several States, the District of Columbia, the
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1 Commonwealth of Puerto Rico, the Virgin Islands,

2 Guam, American Samoa, and the Commonwealth of

3 the Northern Mariana Islands. The term also in4 cludes Palau, until such time as the Compact of

5 Free Association is ratified.

6 ‘‘(26) STATE COMMISSION.—The term ‘State

7 Commission’ means a State Commission on National

8 Service maintained by a State pursuant to section

9 178. Except when used in section 178, the term in10 cludes an alternative administrative entity for a

11 State approved by the Corporation under such sec12 tion to act in lieu of a State Commission.

13 ‘‘(27) STATE EDUCATIONAL AGENCY.—The

14 term ‘State educational agency’ has the same mean15 ing given such term in section 1471(23) of the Ele16 mentary and Secondary Education Act of 1965 (20

17 U.S.C. 2891(23)).

18 ‘‘(28) STUDENT.—The term ‘student’ means an

19 individual who is enrolled in an elementary or sec20 ondary school or institution of higher education on

21 a full- or part-time basis.’’.

22 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

23 (1) Section 182(a)(2) of the National and Com24 munity Service Act of 1990 (42 U.S.C 12642(a)(2))

25 is amended by striking ‘‘adult volunteer and partner-
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1 ship’’ each place the term appears and inserting

2 ‘‘partnership’’.

3 (2) Section 182(a)(3) of the National and Com4 munity Service Act of 1990 (42 U.S.C 12642(a)(3))

5 is amended by striking ‘‘adult volunteer and partner6 ship’’ and inserting ‘‘partnership’’.

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

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

9 striking ‘‘service opportunities or youth corps as de10 fined in section 101 of the National and Community

11 Service Act of 1990, and service in the agencies, in12 stitutions and activities designated in section 124(a)

13 of the National and Community Service Act of

14 1990’’ and inserting ‘‘a project, as defined in section

15 101(19) of the National and Community Service Act

16 of 1990 (42 U.S.C. 12511(18))’’.

17 (4) Section 1122(a)(2)(C) of the Higher Edu18 cation Act of 1965 (20 U.S.C. 1137a(a)(2)(C)) is

19 amended by striking ‘‘youth corps as defined in sec20 tion 101(30) of the National and Community Service

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

22 as described in section 122(a)(1) of the National

23 and Community Service Act of 1990’’.

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

25 Act of 1965 (20 U.S.C. 1141(p)) is amended by
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1 striking ‘‘section 101(22) of the National and Com2 munity Service Act of 1990’’ and inserting ‘‘section

3 101(22) of the National and Community Service Act

4 of 1990 (42 U.S.C. 12511(21))’’.

5 SEC. 112. AUTHORITY TO MAKE STATE GRANTS.

6 Section 102 of the National and Community Service

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

8 SEC. 113. FAMILY AND MEDICAL LEAVE.

9 (a) IN GENERAL.—Section 171 of the National and

10 Community Service Act of 1990 (42 U.S.C. 12631) is

11 amended to read as follows:

12 ‘‘SEC. 171. FAMILY AND MEDICAL LEAVE.

13 ‘‘(a) PARTICIPANTS IN PRIVATE, STATE, AND LOCAL

14 PROJECTS.—For purposes of title I of the Family and

15 Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), if—

16 ‘‘(1) a participant has provided service for the

17 period required by section 101(2)(A)(i) (29 U.S.C.

18 2611(2)(A)(i)), and has met the hours of service re19 quirement of section 101(2)(A)(ii), of such Act with

20 respect to a project; and

21 ‘‘(2) the service sponsor of the project is an em22 ployer described in section 101(4) of such Act (other

23 than an employing agency within the meaning of

24 subchapter V of chapter 63 of title 5, United States

25 Code),
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1 the participant shall be considered to be an eligible em2 ployee of the service sponsor.

3 ‘‘(b) PARTICIPANTS IN FEDERAL PROJECTS.—For

4 purposes of subchapter V of chapter 63 of title 5, United

5 States Code, if—

6 ‘‘(1) a participant has provided service for the

7 period required by section 6381(1)(B) of such title

8 with respect to a project; and

9 ‘‘(2) the service sponsor of the project is an em10 ploying agency within the meaning of such sub11 chapter,

12 the participant shall be considered to be an employee of

13 the service sponsor.’’.

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 item

17 relating to section 171 of such Act and inserting the fol18 lowing:

‘‘Sec. 171. Family and medical leave.’’.

19 SEC. 114. REPORTS.

20 Section 172 of the National and Community Service

21 Act of 1990 (42 U.S.C. 12632) is amended—

22 (1) in subsection (a)(3)(A), by striking ‘‘sec23 tions 177 and 113(9)’’ and inserting ‘‘section 177’’;

24 and
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1 (2) in subsection (b)(1), by striking ‘‘this title’’

2 and inserting ‘‘the national service laws’’.

3 SEC. 115. NONDISCRIMINATION.

4 Section 175 of the National and Community Service

5 Act of 1990 (42 U.S.C. 12635) is amended to read as

6 follows:

7 ‘‘SEC. 175. NONDISCRIMINATION.

8 ‘‘(a) IN GENERAL.—

9 ‘‘(1) BASIS.—An individual with responsibility

10 for the operation of a project that receives assistance

11 under this title shall not discriminate against a par12 ticipant in, or member of the staff of, such project

13 on the basis of race, color, national origin, sex, age,

14 or political affiliation of such participant or member,

15 or on the basis of disability, if the participant or

16 member is a qualified individual with a disability.

17 ‘‘(2) DEFINITION.—As used in paragraph (1),

18 the term ‘qualified individual with a disability’ has

19 the meaning given the term in section 101(8) of the

20 Americans with Disabilities Act of 1990 (42 U.S.C.

21 12111(8)).

22 ‘‘(b) FEDERAL FINANCIAL ASSISTANCE.—Any assist23 ance provided under this title shall constitute Federal fi24 nancial assistance for purposes of title VI of the Civil

25 Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX
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1 of the Education Amendments of 1972 (20 U.S.C. 1681

2 et seq.), section 504 of the Rehabilitation Act of 1973 (29

3 U.S.C. 794), and the Age Discrimination Act of 1975 (42

4 U.S.C. 6101 et seq.).

5 ‘‘(c) RELIGIOUS DISCRIMINATION.—

6 ‘‘(1) IN GENERAL.—Except as provided in para7 graph (2), an individual with responsibility for the

8 operation of a project that receives assistance under

9 this title shall not discriminate on the basis of reli10 gion against a participant in such project or a mem11 ber of the staff of such project who is paid with

12 funds received under this title.

13 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

14 apply to the employment, with assistance provided

15 under this title, of any member of the staff, of a

16 project that receives assistance under this title, who

17 was employed with the organization operating the

18 project on the date the grant under this title was

19 awarded.

20 ‘‘(d) RULES AND REGULATIONS.—The Chairperson

21 shall promulgate rules and regulations to provide for the

22 enforcement of this section that shall include provisions

23 for summary suspension of assistance for not more than

24 30 days, on an emergency basis, until notice and an oppor25 tunity to be heard can be provided.’’.
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1 SEC. 116. NOTICE, HEARING, AND GRIEVANCE PROCE2 DURES.

3 (a) DECERTIFICATION OF POSITIONS.—Section

4 176(a) of the National and Community Service Act of

5 1990 (42 U.S.C. 12636(a)) is amended—

6 (1) in paragraph (1), by inserting ‘‘, or revoke

7 the designation of positions, related to the grant or

8 contract, as approved national service positions,’’ be9 fore ‘‘whenever the Commission’’; and

10 (2) in paragraph (2)(B), by inserting ‘‘or re11 voked’’ after ‘‘terminated’’.

12 (b) CONSTRUCTION.—Section 176(e) of such Act (42

13 U.S.C. 12636(e)) is amended by adding before the period

14 the following ‘‘, other than assistance provided pursuant

15 to this Act’’.

16 (c) GRIEVANCE PROCEDURE.—Section 176(f) of such

17 Act is amended to read as follows:

18 ‘‘(f) GRIEVANCE PROCEDURE.—

19 ‘‘(1) IN GENERAL.—A State or local applicant

20 that receives assistance under this title shall estab21 lish and maintain a procedure for the filing and ad22 judication of grievances from participants, labor or23 ganizations, and other interested individuals con24 cerning projects that receive assistance under this

25 title, including grievances regarding proposed place26 ments of such participants in such projects.
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1 ‘‘(2) DEADLINE FOR GRIEVANCES.—Except for

2 a grievance that alleges fraud or criminal activity, a

3 grievance shall be made not later than 1 year after

4 the date of the alleged occurrence of the event that

5 is the subject of the grievance.

6 ‘‘(3) DEADLINE FOR HEARING AND DECI7 SION.—

8 ‘‘(A) HEARING.—A hearing on any griev9 ance conducted under this subsection shall be

10 conducted not later than 30 days after the fil11 ing of such grievance.

12 ‘‘(B) DECISION.—A decision on any such

13 grievance shall be made not later than 60 days

14 after the filing of such grievance.

15 ‘‘(4) ARBITRATION.—

16 ‘‘(A) IN GENERAL.—

17 ‘‘(i) JOINTLY SELECTED ARBITRA18 TOR.—In the event of a decision on a

19 grievance that is adverse to the party who

20 filed such grievance, or 60 days after the

21 filing of such grievance if no decision has

22 been reached, such party shall be per23 mitted to submit such grievance to binding

24 arbitration before a qualified arbitrator
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1 who is jointly selected and independent of

2 the interested parties.

3 ‘‘(ii) APPOINTED ARBITRATOR.—If

4 the parties cannot agree on an arbitrator,

5 the Chairperson shall appoint an arbitrator

6 from a list of qualified arbitrators within

7 15 days after receiving a request for such

8 appointment from one of the parties to the

9 grievance.

10 ‘‘(B) DEADLINE FOR PROCEEDING.—An

11 arbitration proceeding shall be held not later

12 than 45 days after the request for such arbitra13 tion proceeding, or, if the arbitrator is ap14 pointed by the Chairperson in accordance with

15 subparagraph (A)(ii), not later than 30 days

16 after the appointment of such arbitrator.

17 ‘‘(C) DEADLINE FOR DECISION.—A deci18 sion concerning a grievance shall be made not

19 later than 30 days after the date such arbitra20 tion proceeding begins.

21 ‘‘(D) COST.—

22 ‘‘(i) IN GENERAL.—Except as pro23 vided in clause (ii), the cost of an arbitra24 tion proceeding shall be divided evenly be25 tween the parties to the arbitration.
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1 ‘‘(ii) EXCEPTION.—If a participant,

2 labor organization, or other interested indi3 vidual described in paragraph (1) prevails

4 under a binding arbitration proceeding, the

5 State, local agency, public or private not6 for-profit organization, or partnership of

7 such agencies and organizations, that is a

8 party to such grievance shall pay the total

9 cost of such proceeding and the attorneys’

10 fees of such participant, labor organiza11 tion, or individual, as the case may be.

12 ‘‘(5) PROPOSED PLACEMENT.—If a grievance is

13 filed regarding a proposed placement of a partici14 pant in a project that receives assistance under this

15 title, such placement shall not be made unless the

16 placement is consistent with the resolution of the

17 grievance pursuant to this subsection.

18 ‘‘(6) REMEDIES.—Remedies for a grievance

19 filed under this subsection include—

20 ‘‘(A) suspension of payments for assistance

21 under this title;

22 ‘‘(B) termination of such payments;

23 ‘‘(C) prohibition of the placement described

24 in paragraph (5); and
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1 ‘‘(D) in a case in which the grievance in2 volves a violation of subsection (a) or (b) of sec3 tion 177 and the employer of the displaced em4 ployee is the recipient of assistance under this

5 title—

6 ‘‘(i) reinstatement of the displaced

7 employee to the position held by such em8 ployee prior to displacement;

9 ‘‘(ii) payment of lost wages and bene10 fits of the displaced employee;

11 ‘‘(iii) reestablishment of other relevant

12 terms, conditions, and privileges of employ13 ment of the displaced employee; and

14 ‘‘(iv) such equitable relief as is nec15 essary to correct any violation of sub16 section (a) or (b) of section 177 or to

17 make the displaced employee whole.

18 ‘‘(7) ENFORCEMENT.—Suits to enforce arbitra19 tion awards under this section may be brought in

20 any district court of the United States having juris21 diction of the parties, without regard to the amount

22 in controversy and without regard to the citizenship

23 of the parties.’’.
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1 SEC. 117. NONDISPLACEMENT.

2 Section 177(b)(3) of the National and Community

3 Service Act of 1990 (42 U.S.C. 12637(b)(3)) is amend4 ed—

5 (1) in subparagraph (B), to read as follows:

6 ‘‘(B) SUPPLANTATION OF HIRING.—A par7 ticipant in any program receiving assistance

8 under this title shall not perform any services

9 or duties, or engage in activities, that—

10 ‘‘(i) will supplant the hiring of em11 ployed workers; or

12 ‘‘(ii) are services, duties, or activities

13 with respect to which an individual has re14 call rights pursuant to a collective bargain15 ing agreement or applicable personnel pro16 cedures.’’; and

17 (2) in subparagraph (C)(iii), to read as follows:

18 ‘‘(iii) employee who—

19 ‘‘(I) is subject to a reduction in

20 force; or

21 ‘‘(II) has recall rights pursuant

22 to a collective bargaining agreement

23 or applicable personnel procedures;’’.

24 SEC. 118. EVALUATION.

25 Section 179 of the National and Community Service

26 Act of 1990 (42 U.S.C 12639) is amended—
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1 (1) in subsection (a)—

2 (A) in the matter preceding paragraph (1),

3 by striking ‘‘this title’’ and inserting ‘‘the na4 tional service laws’’; and

5 (B) in paragraph (2)—

6 (i) in the matter preceding

7 subpargraph (A), by striking ‘‘for purposes

8 of the reports required by subsection (j),’’

9 and inserting ‘‘with respect to the pro10 grams authorized under subtitle C’’; and

11 (ii) in subparagraph (A), by striking

12 ‘‘older American volunteer programs’’ and

13 inserting ‘‘National Senior Volunteer

14 Corps programs’’;

15 (2) in subsection (g)—

16 (A) in the matter preceding paragraph (1),

17 by striking ‘‘subtitle D’’ and inserting ‘‘subtitle

18 C’’; and

19 (B) in paragraphs (3) and (9), by striking

20 ‘‘older American volunteer programs’’ and in21 serting ‘‘National Senior Volunteer Corps pro22 grams’’; and

23 (3) by striking subsections (i) and (j).
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1 SEC. 119. ENGAGEMENT OF PARTICIPANTS.

2 Section 180 of the National and Community Service

3 Act of 1990 (42 U.S.C. 12640) is amended by striking

4 ‘‘post-service benefits’’ and inserting ‘‘national service

5 educational awards’’.

6 SEC. 120. CONTINGENT EXTENSION.

7 (a) IN GENERAL.—Section 181 of the National and

8 Community Service Act of 1990 (42 U.S.C. 12641) is

9 amended to read as follows:

10 ‘‘SEC. 181. CONTINGENT EXTENSION.

11 ‘‘Section 414 of the General Education Provisions

12 Act (20 U.S.C. 1226a) shall apply to this Act.’’.

13 (b) TABLE OF CONTENTS.—Section 1(b) of the Na14 tional and Community Service Act of 1990 (Public Law

15 101–610; 104 Stat. 3127) is amended by striking the item

16 relating to sections 181 of such Act and inserting the fol17 lowing:

‘‘Sec. 181. Contingent extension.’’.

18 SEC. 121. REPEALS.

19 (a) IN GENERAL.—Subtitle F of title I of the Na20 tional and Community Service Act of 1990 (42 U.S.C.

21 12631 et seq.) is amended—

22 (1) by repealing sections 183, 185, and 186;

23 and

24 (2) by redesignating section 184 as section 183.
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1 (b) TABLE OF CONTENTS.—Section 1(b) of the Na2 tional and Community Service Act of 1990 (Public Law

3 101–610; 104 Stat. 3127) is amended by striking the

4 items relating to sections 183, 184, and 185 of such Act

5 and inserting the following:

‘‘Sec. 183. Drug-free workplace requirements.’’.

6 TITLE II—ORGANIZATION

7 SEC. 201. STATE COMMISSIONS ON NATIONAL SERVICE.

8 (a) COMPOSITION AND DUTIES OF STATE COMMIS9 SIONS.—Subtitle F of title I of the National and Commu10 nity Service Act of 1990 is amended by striking section

11 178 (42 U.S.C. 12638) and inserting the following new

12 section:

13 ‘‘SEC. 178. STATE COMMISSIONS ON NATIONAL SERVICE.

14 ‘‘(a) EXISTENCE REQUIRED.—

15 ‘‘(1) STATE COMMISSION.—Except as provided

16 in paragraph (2), to be eligible to receive a grant or

17 allotment under subtitle B or C or to receive a dis18 tribution of approved national service positions

19 under subtitle C, a State shall maintain a State

20 Commission on National Service that satisfies the

21 requirements of this section.

22 ‘‘(2) ALTERNATIVE ADMINISTRATIVE ENTITY.—

23 The chief executive officer of a State may apply to

24 the Corporation for approval to use an alternative

25 administrative entity to carry out the duties other-
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1 wise entrusted to a State Commission under this

2 Act. The chief executive officer shall ensure that any

3 alternative administrative entity used in lieu of a

4 State Commission still provides for the individuals

5 described in paragraphs (1) and (2) of subsection (c)

6 to play a significant policy-making role in carrying

7 out the duties otherwise entrusted to a State Com8 mission, including the submission of applications on

9 behalf of the State under sections 117B and 130.

10 ‘‘(b) APPOINTMENT AND SIZE.—Except as provided

11 in subsection (c)(3), the members of a State Commission

12 for a State shall be appointed by the chief executive officer

13 of the State. A State Commission shall consist of not less

14 than 7 voting members and not more than 13 voting mem15 bers.

16 ‘‘(c) COMPOSITION AND MEMBERSHIP.—

17 ‘‘(1) REQUIRED MEMBERS.—The State Com18 mission for a State shall include as voting members

19 at least one representative from each of the follow20 ing categories:

21 ‘‘(A) A national service program, such as

22 a youth corps program, a service program for

23 school-age youth, and a program in which older

24 Americans are participants.

25 ‘‘(B) Local governments in the State.
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1 ‘‘(C) Local labor organizations.

2 ‘‘(2) SOURCES OF OTHER MEMBERS.—The

3 State Commission for a State may include as voting

4 members the following:

5 ‘‘(A) Representatives of community-based

6 organizations.

7 ‘‘(B) Members selected from among par8 ticipants in service programs who are youths.

9 ‘‘(C) Members selected from among edu10 cators.

11 ‘‘(D) Members selected from among ex12 perts in the delivery of human, educational, en13 vironmental, or public safety services to commu14 nities and persons.

15 ‘‘(E) Representatives of businesses and

16 business groups.

17 ‘‘(3) CORPORATION REPRESENTATIVE.—The

18 representative of the Corporation designated under

19 section 195(b) for a State shall be a voting member

20 of the State Commission for that State.

21 ‘‘(4) EX OFFICIO STATE REPRESENTATIVES.—

22 The chief executive officer of a State may appoint as

23 nonvoting ex officio members of the State Commis24 sion for the State representatives selected from

25 among officers and employees of State agencies op-
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1 erating community service, youth service, education,

2 social service, senior service, and job training pro3 grams.

4 ‘‘(5) LIMITATION ON NUMBER OF STATE EM5 PLOYEES AS MEMBERS.—The number of voting

6 members of a State Commission selected under

7 paragraph (1) or (2) who are officers or employees

8 of the State may not exceed 25 percent (reduced to

9 the nearest whole number) of the total membership

10 of the State Commission.

11 ‘‘(d) MISCELLANEOUS MATTERS.—

12 ‘‘(1) MEMBERSHIP BALANCE.—The chief execu13 tive officer of a State shall ensure that the member14 ship of the State Commission for the State is bal15 anced according to race, ethnic background, age,

16 and gender. Not more than 50 percent of the voting

17 members of a State Commission, plus one additional

18 member, may be from the same political party.

19 ‘‘(2) TERMS.—Each member of the State Com20 mission for a State shall serve for a term of 3 years,

21 except that the chief executive officer of a State

22 shall initially appoint a portion of the members to

23 terms of 1 year and 2 years.

24 ‘‘(3) VACANCIES.—As vacancies occur on a

25 State Commission, new members shall be appointed
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1 by the chief executive of the State and serve for the

2 remainder of the term for which the predecessor of

3 such member was appointed. The vacancy shall not

4 affect the power of the remaining members to exe5 cute the duties of the State Commission.

6 ‘‘(4) COMPENSATION.—A member of a State

7 Commission shall not receive any additional com8 pensation by reason of service on the State Commis9 sion, except that the State may authorize the reim10 bursement of travel expenses, including a per diem

11 in lieu of subsistence, in the same manner as other

12 employees serving intermittently in the service of the

13 State.

14 ‘‘(5) CHAIRPERSON.—The voting members of a

15 State Commission shall elect one of the voting mem16 bers to serve as chairperson of the State Commis17 sion.

18 ‘‘(e) DUTIES OF A STATE COMMISSION.—The State

19 Commission for a State shall be responsible for the follow20 ing duties:

21 ‘‘(1) Preparation of a national service plan for

22 the State that—

23 ‘‘(A) covers a 3-year period;

24 ‘‘(B) is updated annually; and
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1 ‘‘(C) contains such information as the

2 State Commission considers to be appropriate

3 or as the Corporation may require.

4 ‘‘(2) Preparation of the applications of the

5 State under sections 117B and 130 for financial as6 sistance.

7 ‘‘(3) Assistance in the preparation of the appli8 cation of the State educational agency for assistance

9 under section 113.

10 ‘‘(4) Preparation of the application of the State

11 under section 130 for the approval of service posi12 tions that include the national service educational

13 award described in subtitle D.

14 ‘‘(5) Assistance in the provision of health care

15 and child care benefits under section 140 to partici16 pants in national service programs that receive as17 sistance under section 121.

18 ‘‘(6) Development of a State system for the re19 cruitment and placement of participants in national

20 service programs that receive assistance under sec21 tion 121 and dissemination of information concern22 ing national service programs that receive assistance

23 and approved national service positions.

24 ‘‘(7) Administration of the grant program in

25 support of national service programs that is con-
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1 ducted by the State using assistance provided to the

2 State under section 121, including selection, over3 sight, and evaluation of grant recipients.

4 ‘‘(8) Development of projects, training methods,

5 curriculum materials, and other materials and activi6 ties related to national service programs that receive

7 assistance directly from the Corporation or from the

8 State using assistance provided under section 121.

9 ‘‘(f) ACTIVITY INELIGIBLE FOR ASSISTANCE.—A

10 State Commission may not directly carry out any national

11 service program that receives assistance under section

12 121.

13 ‘‘(g) DELEGATION.—Subject to such requirements as

14 the Corporation may prescribe, a State Commission may

15 delegate nonpolicymaking duties to a State agency or pub16 lic or private not-for-profit organization.

17 ‘‘(h) APPROVAL OF STATE COMMISSION OR ALTER18 NATIVE.—

19 ‘‘(1) SUBMISSION TO CORPORATION.—The chief

20 executive officer for a State shall notify the Corpora21 tion of the establishment or designation of the State

22 Commission for the State. The notification shall in23 clude a description of—

24 ‘‘(A) the composition and membership of

25 the State Commission; and
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1 ‘‘(B) the authority of the State Commis2 sion regarding national service activities carried

3 out by the State.

4 ‘‘(2) APPROVAL OF ALTERNATIVE ADMINISTRA5 TIVE ENTITY.—Any use of an alternative adminis6 trative entity to carry out the duties of a State Com7 mission shall be subject to the approval of the Cor8 poration.

9 ‘‘(3) REJECTION.—The Corporation may reject

10 a State Commission if the Corporation determines

11 that the composition, membership, or duties of the

12 State Commission do not comply with the require13 ments of this section. The Corporation shall reject a

14 request to use an alternative administrative entity in

15 lieu of a State Commission if the Corporation deter16 mines that use of the alternative administrative en17 tity does not allow the individuals described in para18 graphs (1) and (2) of subsection (c) to play a sig19 nificant policy-making role in carrying out the duties

20 otherwise entrusted to a State Commission. If the

21 Corporation rejects a State Commission or alter22 native administrative entity under this paragraph,

23 the Corporation shall promptly notify the State of

24 the reasons for the rejection.
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1 ‘‘(4) RESUBMISSION AND RECONSIDERATION.—

2 The Corporation shall provide a State notified under

3 paragraph (3) with a reasonable opportunity to re4 vise the rejected State Commission or alternative ad5 ministrative entity. At the request of the State, the

6 Corporation shall provide technical assistance to the

7 State as part of the revision process. The Corpora8 tion shall promptly reconsider any resubmission of a

9 notification under paragraph (1) or application to

10 use an alternative administrative entity under para11 graph (2).

12 ‘‘(5) SUBSEQUENT CHANGES.—This subsection

13 shall also apply to any change in the composition or

14 duties of a State Commission or an alternative ad15 ministrative entity made after approval of the State

16 Commission or the alternative administrative en17 tity.’’.

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

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

21 relating to section 178 and inserting the following new

22 item:

‘‘Sec. 178. State Commissions on National Service.’’.

23 (c) EFFECTIVE DATE.—The amendments made by

24 this section shall take effect on the date of the enactment

25 of this Act.
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1 (d) TRANSITIONAL PROVISIONS.—

2 (1) USE OF ALTERNATIVES TO STATE COMMIS3 SION.—If a State does not have a State Commission

4 on National Service that satisfies the requirements

5 specified in section 178 of the National and Commu6 nity Services Act of 1990, as amended by subsection

7 (a), the Corporation for National Service may au8 thorize the chief executive of the State to use an ex9 isting agency of the State to perform the duties oth10 erwise reserved to a State Commission under sub11 section (e) of such section.

12 (2) APPLICATION OF SUBSECTION.—This sub13 section shall apply only during the 1-year period be14 ginning on the date of the enactment of this Act.

15 SEC. 202. INTERIM AUTHORITIES OF THE CORPORATION

16 FOR NATIONAL SERVICE AND ACTION AGEN17 CY.

18 (a) NATIONAL AND COMMUNITY SERVICE ACT OF

19 1990.—Subtitle G of title I of the National and Commu20 nity Service Act of 1990 (42 U.S.C. 12651) is amended

21 to read as follows:
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1 ‘‘Subtitle G—Corporation for

2 National Service

3 ‘‘SEC. 191. CORPORATION FOR NATIONAL SERVICE.

4 ‘‘There is established a Corporation for National

5 Service that shall administer the programs established

6 under this Act. The Corporation shall be a Government

7 corporation, as defined in section 103 of title 5, United

8 States Code.

9 ‘‘SEC. 192. BOARD OF DIRECTORS.

10 ‘‘(a) COMPOSITION.—

11 ‘‘(1) IN GENERAL.—There shall be in the Cor12 poration a Board of Directors (referred to in this

13 subtitle as the ‘Board’) that shall be composed of—

14 ‘‘(A) 11 members, including the Chair15 person appointed under section 193, to be ap16 pointed by the President, by and with the ad17 vice and consent of the Senate; and

18 ‘‘(B) the ex officio members described in

19 paragraph (4).

20 ‘‘(2) QUALIFICATIONS.—To the maximum ex21 tent practicable, the President shall appoint mem22 bers—

23 ‘‘(A) who have extensive experience in vol24 unteer and service programs, including pro-
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1 grams funded under one of the national service

2 laws, and in State government;

3 ‘‘(B) who represent a broad range of view4 points;

5 ‘‘(C) who are experts in the delivery of

6 human, educational, environmental, or public

7 safety services;

8 ‘‘(D) so that the Board shall be diverse ac9 cording to race, ethnicity, age, and gender; and

10 ‘‘(E) so that no more than 6 appointed

11 members of the Board are from a single politi12 cal party.

13 ‘‘(3) INITIAL MEMBERS.—No fewer than 8 of

14 the members first appointed to the Board after the

15 date of enactment of this section shall be appointed

16 from among individuals who served on the Board of

17 Directors of the Commission on National and Com18 munity Service.

19 ‘‘(4) EX OFFICIO MEMBERS.—The Secretary of

20 Education, the Secretary of Health and Human

21 Services, the Secretary of Labor, the Secretary of

22 the Interior, the Secretary of Agriculture, the Sec23 retary of Housing and Urban Development, the Sec24 retary of Defense, the Attorney General, the Direc25 tor of the Peace Corps, and the Administrator of the
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1 Environmental Protection Agency shall serve as ex

2 officio nonvoting members of the Board.

3 ‘‘(b) TERMS.—Each appointed member of the Board

4 shall serve for a term of 3 years, except that 4 of the mem5 bers first appointed to the Board after the date of enact6 ment of this section shall serve for a term of 1 year and

7 4 shall serve for a term of 2 years, as designated by the

8 President.

9 ‘‘(c) VACANCIES.—As vacancies occur on the Board,

10 new members shall be appointed by the President, by and

11 with the advice and consent of the Senate, and serve for

12 the remainder of the term for which the predecessor of

13 such member was appointed. The vacancy shall not affect

14 the power of the remaining members to execute the duties

15 of the Board.

16 ‘‘SEC. 192A. AUTHORITIES AND DUTIES OF THE BOARD OF

17 DIRECTORS.

18 ‘‘(a) MEETINGS.—The Board shall meet not less than

19 3 times each year. The Board shall hold additional meet20 ings if 6 members of the Board request such meetings in

21 writing.

22 ‘‘(b) QUORUM.—A majority of the appointed mem23 bers of the Board shall constitute a quorum.

24 ‘‘(c) OFFICERS.—
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1 ‘‘(1) VICE CHAIRPERSON.—The Board shall

2 elect a Vice Chairperson from among its member3 ship. The Vice Chairperson may conduct meetings of

4 the Board in the absence of the Chairperson.

5 ‘‘(2) OTHER OFFICERS.—The Board may elect

6 from among its membership such additional officers

7 of the Board as the Board determines to be appro8 priate.

9 ‘‘(d) INSPECTOR GENERAL OVERSIGHT COMMIT10 TEE.—The Board shall establish an Inspector General

11 oversight committee (referred to in this subtitle as the

12 ‘oversight committee’). Such committee shall be comprised

13 of the Vice Chairperson and two members selected by the

14 Vice Chairperson. The Chairperson shall not serve on the

15 oversight committee.

16 ‘‘(e) EXPENSES.—While away from their homes or

17 regular places of business on the business of the Board,

18 members of such Board shall be allowed travel expenses,

19 including per diem in lieu of subsistence, at rates author20 ized for employees of agencies under subchapter I of chap21 ter 57 of title 5, United States Code, for persons employed

22 intermittently in the Government service.

23 ‘‘(f) SPECIAL GOVERNMENT EMPLOYEES.—For pur24 poses of the provisions of chapter 11 of part I of title 18,

25 United States Code, and any other provision of Federal
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1 law, a member of the Board (to whom such provisions

2 would not otherwise apply except for this subsection) shall

3 be a special Government employee.

4 ‘‘(g) STATUS OF MEMBERS.—

5 ‘‘(1) TORT CLAIMS.—For the purposes of the

6 tort claims provisions of chapter 171 of title 28,

7 United States Code, a member of the Board shall be

8 considered to be a Federal employee.

9 ‘‘(2) OTHER CLAIMS.—A member of the Board

10 has no personal liability under Federal law with re11 spect to any claim arising out of or resulting from

12 any act or omission by such person, within the scope

13 of the service of the member on the Board, in con14 nection with any transaction involving the provision

15 of financial assistance by the Corporation. This

16 paragraph shall not be construed to limit personal li17 ability for criminal acts or omissions, willful or mali18 cious misconduct, acts or omissions for private gain,

19 or any other act or omission outside the scope of the

20 service of such member on the Board.

21 ‘‘(3) EFFECT ON OTHER LAW.—This subsection

22 shall not be construed—

23 ‘‘(A) to affect any other immunities and

24 protections that may be available to such mem-
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1 ber under applicable law with respect to such

2 transactions;

3 ‘‘(B) to affect any other right or remedy

4 against the Corporation, against the United

5 States under applicable law, or against any per6 son other than a member of the Board partici7 pating in such transactions; or

8 ‘‘(C) to limit or alter in any way the im9 munities that are available under applicable law

10 for Federal officials and employees not de11 scribed in this subsection.

12 ‘‘(h) DUTIES.—The Board shall—

13 ‘‘(1) make such grants and allotments, enter

14 into such contracts, award such other financial as15 sistance, make such payments (in lump sum or in16 stallments, and in advance or by way of reimburse17 ment, and in the case of financial assistance other18 wise authorized under this Act, with necessary ad19 justments on account of overpayments and under20 payments), and designate such positions as approved

21 national service positions as are necessary or appro22 priate to carry out this Act;

23 ‘‘(2) prepare a strategic plan every 3 years, and

24 annual updates of the plan, for the Corporation with

25 respect to the grants, allotments, contracts, assist-
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1 ance, and payments described in paragraph (1), and

2 with respect to such standards, policies, procedures,

3 programs, and initiatives as are necessary or appro4 priate to carry out this Act;

5 ‘‘(3) make recommendations with respect to the

6 regulations established under section

7 195(a)(3)(B)(i);

8 ‘‘(4)(A) review the actions of the Chairperson

9 with respect to the personnel of the Corporation,

10 and with respect to the standards, policies, proce11 dures, programs, and initiatives; and

12 ‘‘(B) inform the Chairperson of any aspects of

13 the actions of the Chairperson that are not in com14 pliance with the annual strategic plan described in

15 paragraph (2) or the recommendations described in

16 paragraph (3), or are not consistent with the objec17 tives of this Act;

18 ‘‘(5) receive, and act on, the reports issued by

19 the Inspector General of the Corporation;

20 ‘‘(6) arrange for the evaluation of programs es21 tablished under this Act, in accordance with section

22 179;

23 ‘‘(7) provide for research with respect to na24 tional and community service programs, including

25 service-learning programs;
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1 ‘‘(8) advise the President and the Congress con2 cerning developments in national and community

3 service that merit the attention of the President and

4 the Congress;

5 ‘‘(9) disseminate information regarding the pro6 grams and initiatives of the Corporation; and

7 ‘‘(10) carry out any other activities determined

8 to be appropriate by the Chairperson.

9 ‘‘(i) ADMINISTRATION.—The Federal Advisory Com10 mittee Act (5 U.S.C. App.) shall not apply with respect

11 to the Board.

12 ‘‘SEC. 193. CHAIRPERSON AND DIRECTOR.

13 ‘‘(a) APPOINTMENT.—The Corporation shall be head14 ed by an individual who shall serve as Chairperson of the

15 Board and as Director of the Corporation, and who shall

16 be appointed by the President, by and with the advice and

17 consent of the Senate.

18 ‘‘(b) COMPENSATION.—The Chairperson shall be

19 compensated at the rate provided for level III of the Exec20 utive Schedule under section 5314 of title 5, United States

21 Code.

22 ‘‘(c) REGULATIONS.—The Chairperson shall pre23 scribe such rules and regulations as are necessary or ap24 propriate to carry out this Act.
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1 ‘‘SEC. 193A. AUTHORITIES AND DUTIES OF THE CHAIR2 PERSON.

3 ‘‘(a) GENERAL POWERS AND DUTIES.—The Chair4 person shall be responsible for the exercise of the powers

5 and the discharge of the duties of the Corporation that

6 are not reserved to the Board, and shall have authority

7 and control over all personnel of the Corporation.

8 ‘‘(b) DUTIES.—In addition to the duties conferred on

9 the Chairperson under any other provision of this Act, the

10 Chairperson shall—

11 ‘‘(1) submit a proposal to the Board regarding,

12 and establish, such standards, policies, and proce13 dures, as are necessary or appropriate to carry out

14 this Act;

15 ‘‘(2) establish and administer such programs

16 and initiatives as the Chairperson, acting on the rec17 ommendation of the Board, may determine to be

18 necessary or appropriate to carry out this Act;

19 ‘‘(3) consult with appropriate Federal agencies

20 in administering such programs and initiatives;

21 ‘‘(4) on the recommendation of the Board, sus22 pend or terminate payments and positions described

23 in section 192A(h)(1), in accordance with section

24 176;

25 ‘‘(5) prepare and submit to the Board an an26 nual report, and such interim reports as may be nec-
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1 essary, describing the major actions of the Chair2 person with respect to the personnel of the Corpora3 tion, and with respect to such standards, policies,

4 procedures, programs, and initiatives;

5 ‘‘(6) notify, and provide an explanation to, the

6 Board regarding any substantial differences between

7 the actions of the Chairperson and the strategic plan

8 described in section 192A(h)(2); and

9 ‘‘(7) prepare and submit to the appropriate

10 committees of Congress an annual report, and such

11 interim reports as may be necessary, describing—

12 ‘‘(A) the services referred to in paragraph

13 (1), and the money and property referred to in

14 paragraph (2), of section 196(a) that have been

15 accepted by the Corporation; and

16 ‘‘(B) the manner in which the Corporation

17 used or disposed of such services, money, and

18 property.

19 ‘‘(c) POWERS.—In addition to the authority conferred

20 on the Chairperson under any other provision of this Act,

21 the Chairperson may—

22 ‘‘(1) establish, alter, consolidate, or discontinue

23 such organizational units or components within the

24 Corporation as the Chairperson considers necessary

25 or appropriate;
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1 ‘‘(2) with the approval of the President—

2 ‘‘(A) arrange with and reimburse the heads

3 of other Federal agencies for the performance

4 of any of the provisions of this Act; and

5 ‘‘(B) as necessary or appropriate—

6 ‘‘(i) delegate any of the functions of

7 the Chairperson under this Act, or, with

8 the permission of the Board, any of the

9 functions of the Board under this Act, to

10 such heads of Federal agencies; and

11 ‘‘(ii) authorize the redelegation of

12 such functions,

13 subject to provisions to assure the maximum

14 possible liaison between the Corporation and

15 such other agencies at all operating levels;

16 ‘‘(3) with their consent, utilize the services and

17 facilities of Federal agencies with or without reim18 bursement, and, with the consent of any State, or

19 political subdivision of a State, accept and utilize the

20 services and facilities of the agencies of such State

21 or subdivisions without reimbursement;

22 ‘‘(4) allocate and expend, or transfer to other

23 Federal agencies for expenditure, funds made avail24 able under this Act, including expenditure for con25 struction, repairs, and capital improvements;
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1 ‘‘(5) disseminate, without regard to the provi2 sions of section 3204 of title 39, United States

3 Code, data and information, in such form as the

4 Chairperson shall determine to be appropriate to

5 public agencies, private organizations, and the gen6 eral public;

7 ‘‘(6) collect or compromise all obligations to or

8 held by the Chairperson and all legal or equitable

9 rights accruing to the Chairperson in connection

10 with the payment of obligations in accordance with

11 chapter 37 of title 31, United States Code (com12 monly known as the ‘Federal Claims Collection Act

13 of 1966’);

14 ‘‘(7) expend funds made available for purposes

15 of this Act, without regard to any other law or regu16 lation, for rent of buildings and space in buildings

17 and for repair, alteration, and improvement of build18 ings and space in buildings rented by the Chair19 person;

20 ‘‘(8) file a civil action in any court of record of

21 a State having general jurisdiction or in any district

22 court of the United States, with respect to a claim

23 arising under this Act;

24 ‘‘(9) exercise the authorities of the Corporation

25 under section 196; and
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1 ‘‘(10) generally perform such functions and

2 take such steps consistent with the objectives and

3 provisions of this Act, as the Chairperson determines

4 to be necessary or appropriate to carry out such pro5 visions.

6 ‘‘(d) DELEGATION.—

7 ‘‘(1) DEFINITION.—As used in this subsection,

8 the term ‘function’ means any duty, obligation,

9 power, authority, responsibility, right, privilege, ac10 tivity, or program.

11 ‘‘(2) IN GENERAL.—Except as otherwise pro12 hibited by law or provided in this Act, the Chair13 person may delegate any function under this Act,

14 and authorize such successive redelegations of such

15 function as may be necessary or appropriate. No del16 egation of a function by the Chairperson under this

17 subsection or under any other provision of this Act

18 shall relieve such Chairperson of responsibility for

19 the administration of such function.

20 ‘‘(3) FUNCTION OF BOARD.—The Chairperson

21 may not delegate a function of the Board without

22 the permission of the Board.

23 ‘‘(e) ACTIONS.—In an action described in subsection

24 (c)(8)—
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1 ‘‘(1) a district court referred to in such sub2 section shall have jurisdiction of such a civil action

3 without regard to the amount in controversy;

4 ‘‘(2) such an action brought by the Chairperson

5 shall survive notwithstanding any change in the per6 son occupying the office of Chairperson or any va7 cancy in that office;

8 ‘‘(3) no attachment, injunction, garnishment, or

9 other similar process, mesne or final, shall be issued

10 against the Chairperson or the Board or property

11 under the control of the Chairperson or the Board;

12 and

13 ‘‘(4) nothing in this section shall be construed

14 to except litigation arising out of activities under

15 this Act from the application of sections 509, 517,

16 547, and 2679 of title 28, United States Code.

17 ‘‘SEC. 194. OFFICERS.

18 ‘‘(a) MANAGING DIRECTORS.—

19 ‘‘(1) IN GENERAL.—There shall be in the Cor20 poration 2 Managing Directors, who shall be ap21 pointed by the President, by and with the advice and

22 consent of the Senate.

23 ‘‘(2) COMPENSATION.—The Managing Direc24 tors shall be compensated at the rate provided for
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1 level IV of the Executive Schedule under section

2 5315 of title 5, United States Code.

3 ‘‘(3) DUTIES.—

4 ‘‘(A) FEDERAL PROGRAMS.—One of the

5 Managing Directors shall be primarily respon6 sible for the Federal programs carried out by

7 the Corporation.

8 ‘‘(B) INVESTMENT PROGRAMS.—The other

9 Managing Director shall be primarily respon10 sible for the financial assistance programs car11 ried out by the Corporation.

12 ‘‘(b) INSPECTOR GENERAL.—

13 ‘‘(1) OFFICE.—There shall be in the Corpora14 tion an Office of the Inspector General.

15 ‘‘(2) APPOINTMENT.—

16 ‘‘(A) IN GENERAL.—The Office shall be

17 headed by an Inspector General, appointed by

18 the President, by and with the consent of the

19 Senate.

20 ‘‘(B) REPORTING.—The Inspector General

21 shall report directly to the oversight committee.

22 ‘‘(3) COMPENSATION.—The Inspector General

23 shall be compensated at the rate provided for level

24 IV of the Executive Schedule under section 5315 of

25 title 5, United States Code.
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1 ‘‘(4) DUTIES.—

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

3 subparagraph (B), for purposes of the Inspector

4 General Act of 1978 (5 U.S.C. App.)—

5 ‘‘(i) the Corporation shall be consid6 ered to be a designated Federal entity, as

7 defined in section 8E(2) of such Act; and

8 ‘‘(ii) except as provided in paragraph

9 (2)(A), the oversight committee shall be

10 considered to be the head of the designated

11 Federal entity, as defined in section 8E(4)

12 of such Act.

13 ‘‘(B) PROGRAM FRAUD.—For purposes of

14 chapter 38 of title 31, United States Code

15 (commonly known as the ‘Program Fraud Civil

16 Remedies Act of 1986’)—

17 ‘‘(i) the Corporation shall be consid18 ered to be an authority, as defined in sec19 tion 3801(a)(1) of such Act;

20 ‘‘(ii) the oversight committee shall be

21 considered to be an authority head, as de22 fined in section 3801(a)(2) of such Act;

23 and

24 ‘‘(iii) the Inspector General shall be

25 considered to be an investigating official,
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1 as defined in section 3801(a)(4) of such

2 Act.

3 ‘‘(c) CHIEF FINANCIAL OFFICER.—

4 ‘‘(1) OFFICE.—There shall be in the Corpora5 tion a Chief Financial Officer, who shall be ap6 pointed by the President, by and with the advice and

7 consent of the Senate.

8 ‘‘(2) COMPENSATION.—The Chief Financial Of9 ficer shall be compensated at the rate provided for

10 level IV of the Executive Schedule under section

11 5315 of title 5, United States Code.

12 ‘‘(3) DUTIES.—The Chief Financial Officer

13 shall—

14 ‘‘(A) report directly to the Chairperson re15 garding financial management matters;

16 ‘‘(B) oversee all financial management ac17 tivities relating to the programs and operations

18 of the Corporation;

19 ‘‘(C) develop and maintain an integrated

20 accounting and financial management system

21 for the Corporation, including financial report22 ing and internal controls;

23 ‘‘(D) develop and maintain any joint finan24 cial management systems with the Department
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1 of Education necessary to carry out the pro2 grams of the Corporation; and

3 ‘‘(E) direct, manage, and provide policy

4 guidance and oversight of the financial manage5 ment personnel, activities, and operations of the

6 Corporation.

7 ‘‘SEC. 195. EMPLOYEES, CONSULTANTS, AND OTHER PER8 SONNEL.

9 ‘‘(a) EMPLOYEES.—

10 ‘‘(1) IN GENERAL.—The Chairperson may ap11 point and determine the compensation of such em12 ployees as the Chairperson determines to be nec13 essary to carry out the duties of the Corporation.

14 ‘‘(2) TERMS.—

15 ‘‘(A) INITIAL TERM.—

16 ‘‘(i) LENGTH OF TERM.—Such an em17 ployee shall be appointed for an initial

18 term that shall not exceed 5 years.

19 ‘‘(ii) PROBATION PERIOD.—The

20 Chairperson shall take such action, includ21 ing the issuance of rules, regulations, and

22 directives, as shall provide, as nearly as

23 conditions of good administration warrant,

24 for a 1-year period of probation before

25 such an appointment becomes final.
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1 ‘‘(B) APPOINTMENT EXTENSIONS.—The

2 appointment of an employee may be extended if

3 the Chairperson determines that such an exten4 sion is necessary to ensure the continuity of

5 functions under this Act.

6 ‘‘(C) APPOINTMENT IN THE COMPETITIVE

7 SERVICE AFTER EMPLOYMENT IN THE COR8 PORATION.—

9 ‘‘(i) EMPLOYEES WITH NOT LESS

10 THAN 3 YEARS OF EMPLOYMENT.—If an

11 employee, other than a representative de12 scribed in section 195(b), is separated

13 from the Corporation (other than by re14 moval for cause), and has been continu15 ously employed by the Corporation for a

16 period of not less than 3 years, such period

17 shall be treated as a period of service in

18 the competitive service for purposes of

19 chapter 33 of title 5, United States Code.

20 ‘‘(ii) EMPLOYEES WITH NOT LESS

21 THAN 1 BUT LESS THAN 3 YEARS OF EM22 PLOYMENT.—If an employee, other than a

23 representative described in section 195(b),

24 is separated from the Corporation (other

25 than by removal for cause), and has been
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1 continuously employed by the Corporation

2 for a period of not less than 1 year, but

3 less than 3 years, such period shall be

4 treated as a period of service in the com5 petitive service for purposes of chapter 33

6 of title 5, United States Code, until the

7 date that is 3 years after the date of sepa8 ration.

9 ‘‘(iii) DEFINITION.—As used in this

10 subparagraph, the term ‘competitive serv11 ice’ has the meaning given the term in sec12 tion 2102 of title 5, United States Code.

13 ‘‘(3) APPOINTMENT AND COMPENSATION.—

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

15 subparagraphs (B)(iv) and (C)(ii), the Chair16 person may appoint and determine the com17 pensation of employees under this subsection

18 without regard to the provisions of title 5, Unit19 ed States Code, governing appointments in the

20 competitive service, and without regard to the

21 provisions of chapter 51 and subchapter III of

22 chapter 53 of such title relating to classification

23 and General Schedule pay rates.

24 ‘‘(B) CORPORATION SELECTION AND COM25 PENSATION SYSTEMS.—
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1 ‘‘(i) ESTABLISHMENT OF SYSTEM.—

2 The Chairperson, after consultation with

3 the Director of the Office of Personnel

4 Management and after reviewing the rec5 ommendations of the Board under section

6 192A(h)(3), shall issue regulations estab7 lishing selection and compensation systems

8 for the Corporation. In issuing such regu9 lations, the Chairperson shall take into

10 consideration the need for flexibility in

11 such a system.

12 ‘‘(ii) APPLICATION.—The Chairperson

13 shall appoint and determine the compensa14 tion of employees referred to in paragraph

15 (1), other than representatives described in

16 section 195(b), in accordance with the se17 lection and compensation systems referred

18 to in clause (i).

19 ‘‘(iii) SELECTION SYSTEM.—The se20 lection system shall provide for the selec21 tion of such an employee for such a posi22 tion—

23 ‘‘(I) through a competitive proc24 ess; and
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1 ‘‘(II) on the basis of the quali2 fications of applicants and the re3 quirements of the position.

4 ‘‘(iv) COMPENSATION SYSTEM.—The

5 compensation system shall include a

6 scheme for the classification of positions in

7 the Corporation. The system shall require

8 that the compensation of such an employee

9 be determined based in part on the job

10 performance of the employee, and in a

11 manner consistent with the principles de12 scribed in section 5301 of title 5, United

13 States Code. The rate of compensation for

14 each employee compensated through the

15 system shall not exceed the annual rate of

16 basic pay payable for level IV of the Exec17 utive Schedule under section 5315 of title

18 5, United States Code.

19 ‘‘(C) SELECTION AND COMPENSATION OF

20 CORPORATION REPRESENTATIVES.—

21 ‘‘(i) IN GENERAL.—The Chairperson

22 may appoint and determine the compensa23 tion of representatives described in section

24 195(b) without regard to the selection and
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1 compensation systems described in sub2 paragraph (B).

3 ‘‘(ii) LIMITATION ON COMPENSA4 TION.—The rate of compensation for each

5 representative described in section 195(b)

6 shall not exceed the maximum rate of basic

7 pay payable for GS–15 of the General

8 Schedule under section 5332 of title 5,

9 United States Code.

10 ‘‘(b) CORPORATION REPRESENTATIVE IN EACH

11 STATE.—

12 ‘‘(1) DESIGNATION OF REPRESENTATIVE.—The

13 Corporation shall designate 1 employee of the Cor14 poration for each State or group of States to serve

15 as the representative of the Corporation in the State

16 or States and to assist the Corporation in carrying

17 out the activities described in this Act in the State

18 or States.

19 ‘‘(2) DUTIES.—The representative designated

20 under this subsection for a State or group of States

21 shall serve as the liaison between—

22 ‘‘(A) the Corporation and the State Com23 mission that is established in the State or

24 States; and
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1 ‘‘(B) the Corporation and any subdivision

2 of a State, Indian tribe, public or private non3 profit organization, or institution of higher edu4 cation, in the State or States, that is awarded

5 a grant under section 121 directly from the

6 Corporation.

7 ‘‘(3) MEMBER OF STATE COMMISSION.—The

8 representative designated under this subsection for a

9 State or group of States shall also serve as a voting

10 member of the State Commission established in the

11 State or States.

12 ‘‘(c) CONSULTANTS.—The Chairperson may procure

13 the temporary and intermittent services of experts and

14 consultants and compensate the experts and consultants

15 in accordance with section 3109(b) of title 5, United

16 States Code.

17 ‘‘(d) DETAILS OF PERSONNEL.—The head of any

18 Federal department or agency may detail on a reimburs19 able basis, or on a nonreimbursable basis for not to exceed

20 180 calendar days during any fiscal year, as agreed upon

21 by the Chairperson and the head of the Federal agency,

22 any of the personnel of that department or agency to the

23 Corporation to assist the Corporation in carrying out the

24 duties of the Corporation under this Act. Any detail shall
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1 not interrupt or otherwise affect the civil service status

2 or privileges of the Federal employee.

3 ‘‘(e) ADVISORY COMMITTEES.—

4 ‘‘(1) ESTABLISHMENT.—The Chairperson, act5 ing upon the recommendation of the Board, may es6 tablish advisory committees in the Corporation to

7 advise the Board with respect to national service is8 sues, such as the type of programs to be established

9 or assisted under the national service laws, priorities

10 and criteria for such programs, and methods of

11 conducting outreach for, and evaluation of, such

12 programs.

13 ‘‘(2) COMPOSITION.—Such an advisory commit14 tee shall be composed of members appointed by the

15 Chairperson, with such qualifications as the Chair16 person may specify.

17 ‘‘(3) EXPENSES.—Members of such an advisory

18 committee may be allowed travel expenses as de19 scribed in section 192A(e).

20 ‘‘(4) STAFF.—The Chairperson is authorized to

21 appoint and fix the compensation of such staff as

22 the Chairperson determines to be necessary to carry

23 out the functions of the advisory committee, in ac24 cordance with subsection (a)(3)(A), and without re25 gard to the selection and compensation systems de-
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1 scribed in subsection (a)(3)(B). Such compensation

2 shall not exceed the rate described in subsection

3 (a)(3)(C)(ii).

4 ‘‘SEC. 196. ADMINISTRATION.

5 ‘‘(a) DONATIONS.—

6 ‘‘(1) SERVICES.—

7 ‘‘(A) VOLUNTEERS.—Notwithstanding sec8 tion 1342 of title 31, United States Code, the

9 Corporation may solicit and accept the vol10 untary services of individuals to assist the Cor11 poration in carrying out the duties of the Cor12 poration under this Act, and may provide to

13 such individuals the travel expenses described in

14 section 192A(e).

15 ‘‘(B) LIMITATION.—Such a volunteer shall

16 not be considered to be a Federal employee and

17 shall not be subject to the provisions of law re18 lating to Federal employment, including those

19 relating to hours of work, rates of compensa20 tion, leave, unemployment compensation, and

21 Federal employee benefits, except that—

22 ‘‘(i) for the purposes of the tort

23 claims provisions of chapter 171 of title

24 28, United States Code, a volunteer under
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1 this subtitle shall be considered to be a

2 Federal employee; and

3 ‘‘(ii) for the purposes of subchapter I

4 of chapter 81 of title 5, United States

5 Code, relating to compensation to Federal

6 employees for work injuries, volunteers

7 under this subtitle shall be considered to

8 be employees, as defined in section

9 8101(1)(B) of title 5, United States Code,

10 and the provisions of such subchapter shall

11 apply.

12 ‘‘(2) PROPERTY.—The Corporation may solicit,

13 accept, use, and dispose of, in furtherance of the

14 purposes of this Act, donations of any money or

15 property, real, personal, or mixed, tangible or intan16 gible, received by gift, devise, bequest, or otherwise.

17 ‘‘(3) RULES.—The Chairperson shall establish

18 written rules setting forth the criteria to ensure that

19 the solicitation or acceptance of contributions of

20 money or property, real, personal, or mixed, tangible

21 or intangible, received by gift, device, bequest, or

22 otherwise (pursuant to paragraph (2)) will not re23 flect unfavorably upon the ability of the Corporation

24 or any employee of the Corporation to carry out the

25 responsibilities or official duties of the Corporation
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1 in a fair and objective manner, or compromise the

2 integrity of the programs of the Corporation or any

3 official involved in such programs.

4 ‘‘(4) DISPOSITION.—Upon completion of the

5 use by the Corporation of any property described in

6 paragraph (2), such completion shall be reported to

7 the General Services Administration and such prop8 erty shall be disposed of in accordance with title II

9 of the Federal Property and Administrative Services

10 Act of 1949 (40 U.S.C. 481 et seq.).

11 ‘‘(5) VOLUNTEER.—As used in this subsection,

12 the term ‘volunteer’ does not include a participant.

13 ‘‘(b) CONTRACTS.—Subject to the Federal Property

14 and Administrative Services Act of 1949, the Corporation

15 may enter into contracts, and cooperative and interagency

16 agreements, with Federal and State agencies, private

17 firms, institutions, and individuals to conduct activities

18 necessary to carry out the duties of the Corporation under

19 this Act.’’.

20 (b) DOMESTIC VOLUNTEER SERVICE ACT OF

21 1973.—Section 401 of the Domestic Volunteer Service Act

22 of 1973 (42 U.S.C. 5041) is amended by inserting after

23 the second sentence the following: ‘‘The Director shall re24 port directly to the Chairperson of the Corporation for Na25 tional Service.’’.
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1 (c) TRANSFER OF FUNCTIONS OF COMMISSION ON

2 NATIONAL AND COMMUNITY SERVICE.—

3 (1) DEFINITIONS.—For purposes of this sub4 section, unless otherwise provided or indicated by

5 the context, each term specified in section 203(c)(1)

6 shall have the meaning given the term in such sec7 tion.

8 (2) TRANSFER OF FUNCTIONS.—There are

9 transferred to the Corporation the functions that the

10 Board of Directors or Executive Director of the

11 Commission on National and Community Service ex12 ercised before the effective date of this subsection

13 (including all related functions of any officer or em14 ployee of the Commission).

15 (3) APPLICATION.—The provisions of para16 graphs (3) through (10) of section 203(c) shall

17 apply with respect to the transfer described in para18 graph (2), except that—

19 (A) for purposes of such application, ref20 erences to the term ‘‘ACTION Agency’’ shall be

21 deemed to be references to the Corporation; and

22 (B) paragraph (10) of such section shall

23 not preclude the transfer of the members of the

24 Board of Directors of the Commission to the

25 Corporation if, on the effective date of this sub-
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1 section, the Board of Directors of the Corpora2 tion has not been confirmed.

3 (d) CONTINUING PERFORMANCE OF CERTAIN FUNC4 TIONS.—The individuals who, on the day before the date

5 of enactment of this Act, are performing any of the func6 tions required by section 190 of the National and Commu7 nity Service Act of 1990 (42 U.S.C. 12651), as in effect

8 on such date, to be performed by the members of the

9 Board of Directors of the Commission on National and

10 Community Service may, subject to section 193A of the

11 National and Community Service Act of 1990, as added

12 by subsection (a) of this section, continue to perform such

13 functions until the date on the Board of Directors of the

14 Corporation for National Service conducts the first meet15 ing of the Board. The service of such individuals as mem16 bers of the Board of Directors of such Commission, and

17 the employment of such individuals as special government

18 employees, shall terminate on such date.

19 (e) JOB SEARCH ASSISTANCE.—The Chairperson

20 shall establish a program to provide, or shall seek to enter

21 into a memorandum of understanding with the Director

22 of the Office of Personnel Management to provide, job

23 search and related assistance to employees of the ACTION

24 agency who are not transferred to the Corporation for Na25 tional Service under section 203(c).
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1 (f) 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 (g) 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 (h) TABLE OF CONTENTS.—Section 1(b) of the Na9 tional and Community Service Act of 1990 (Public Law

10 101–610; 104 Stat. 3127) is amended by striking the

11 items relating to subtitle G of title I of such Act and in12 serting the following:

‘‘Subtitle G—Corporation for National Service

‘‘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. 195. Employees, consultants, and other personnel.

‘‘Sec. 196. Administration.’’.

13 (i) EFFECTIVE DATES.—

14 (1) IN GENERAL.—Except as provided in para15 graph (2), the amendments made by this section

16 shall take effect on October 1, 1993.

17 (2) ESTABLISHMENT AND APPOINTMENT AU18 THORITIES.—Sections 191, 192, and 193 of the Na19 tional and Community Service Act of 1990, as added

20 by subsection (a), shall take effect on the date of en21 actment of this Act.
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1 SEC. 203. FINAL AUTHORITIES OF THE CORPORATION FOR

2 NATIONAL SERVICE.

3 (a) NATIONAL AND COMMUNITY SERVICE ACT OF

4 1990.—

5 (1) APPLICATION.—Subtitle I of the National

6 and Community Service Act of 1990 (as amended by

7 section 202 of this Act) is amended in section 191,

8 paragraphs (2) and (4) of section 192A(h), section

9 193(c), subsections (b), (c) (other than paragraph

10 (8)), and (d) of section 193A, subsections (a), (b),

11 and (d) of section 195, and subsections (a) and (b)

12 of section 196, by striking ‘‘this Act’’ each place the

13 term appears and inserting ‘‘the national service

14 laws’’.

15 (2) GRANTS.—Section 192A(h) of the National

16 and Community Service Act of 1990 (as added by

17 section 202 of this Act) is amended—

18 (A) by striking ‘‘and’’ at the end of para19 graph (9);

20 (B) by redesignating paragraph (10) as

21 paragraph (11); and

22 (C) by inserting after paragraph (9) the

23 following:

24 ‘‘(10) notwithstanding any other provision of

25 law, make grants to or contracts with Federal or

26 other public departments or agencies and private
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1 nonprofit organizations for the assignment or refer2 ral of volunteers under the provisions of the Domes3 tic Volunteer Service Act of 1973 (except as pro4 vided in section 108 of the Domestic Volunteer Serv5 ice Act of 1973), which may provide that the agency

6 or organization shall pay all or a part of the costs

7 of the program; and’’.

8 (b) AUTHORITIES OF ACTION AGENCY.—Sections

9 401 and 402 of the Domestic Volunteer Service Act of

10 1973 (42 U.S.C. 5041 and 5042) are repealed.

11 (c) TRANSFER OF FUNCTIONS FROM ACTION

12 AGENCY.—

13 (1) DEFINITIONS.—For purposes of this sub14 section, unless otherwise provided or indicated by

15 the context—

16 (A) the term ‘‘Chairperson’’ means the

17 Chairperson of the Corporation;

18 (B) the term ‘‘Corporation’’ means the

19 Corporation for National Service, established

20 under section 191 of the National and Commu21 nity Service Act of 1990;

22 (C) the term ‘‘Federal agency’’ has the

23 meaning given to the term ‘‘agency’’ by section

24 551(1) of title 5, United States Code;
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1 (D) the term ‘‘function’’ means any duty,

2 obligation, power, authority, responsibility,

3 right, privilege, activity, or program; and

4 (E) the term ‘‘office’’ includes any office,

5 administration, agency, institute, unit, organi6 zational entity, or component thereof.

7 (2) TRANSFER OF FUNCTIONS.—There are

8 transferred to the Corporation such functions as the

9 President determines to be appropriate that the Di10 rector of the ACTION Agency exercised before the

11 effective date of this subsection (including all related

12 functions of any officer or employee of the ACTION

13 Agency).

14 (3) DETERMINATIONS OF CERTAIN FUNCTIONS

15 BY THE OFFICE OF MANAGEMENT AND BUDGET.—

16 If necessary, the Office of Management and Budget

17 shall make any determination of the functions that

18 are transferred under paragraph (2).

19 (4) REORGANIZATION.—The Chairperson is au20 thorized to allocate or reallocate any function trans21 ferred under paragraph (2) among the officers of the

22 Corporation.

23 (5) TRANSFER AND ALLOCATIONS OF APPRO24 PRIATIONS AND PERSONNEL.—Except as otherwise

25 provided in this subsection, the personnel employed
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1 in connection with, and the assets, liabilities, con2 tracts, property, records, and unexpended balances

3 of appropriations, authorizations, allocations, and

4 other funds employed, used, held, arising from,

5 available to, or to be made available in connection

6 with the functions transferred by this subsection,

7 subject to section 1531 of title 31, United States

8 Code, shall be transferred to the Corporation. Unex9 pended funds transferred pursuant to this paragraph

10 shall be used only for the purposes for which the

11 funds were originally authorized and appropriated.

12 (6) INCIDENTAL TRANSFER.—The Director of

13 the Office of Management and Budget, at such time

14 or times as the Director shall provide, is authorized

15 to make such determinations as may be necessary

16 with regard to the functions transferred by this sub17 section, and to make such additional incidental dis18 positions of personnel, assets, liabilities, grants, con19 tracts, property, records, and unexpended balances

20 of appropriations, authorizations, allocations, and

21 other funds held, used, arising from, available to, or

22 to be made available in connection with such func23 tions, as may be necessary to carry out the provi24 sions of this subsection. The Director of the Office

25 of Management and Budget shall provide for the ter-
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1 mination of the affairs of all entities terminated by

2 this subsection and for such further measures and

3 dispositions as may be necessary to effectuate the

4 purposes of this subsection.

5 (7) EFFECT ON PERSONNEL.—

6 (A) IN GENERAL.—Except as otherwise

7 provided by this subsection, the transfer pursu8 ant to this subsection of full-time personnel (ex9 cept special Government employees) and part10 time personnel holding permanent positions

11 shall not cause any such employee to be sepa12 rated or reduced in grade or compensation, or

13 to have the benefits of the employee reduced,

14 for 1 year after the date of transfer of such em15 ployee under this subsection.

16 (B) EXECUTIVE SCHEDULE POSITIONS.—

17 Except as otherwise provided in this subsection,

18 any person who, on the day preceding the effec19 tive date of this subsection, held a position com20 pensated in accordance with the Executive

21 Schedule prescribed in chapter 53 of title 5,

22 United States Code, and who, without a break

23 in service, is appointed in the Corporation to a

24 position having duties comparable to the duties

25 performed immediately preceding such appoint-
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1 ment shall continue to be compensated in such

2 new position at not less than the rate provided

3 for such previous position, for the duration of

4 the service of such person in such new position.

5 (C) TERMINATION OF CERTAIN POSI6 TIONS.—Positions whose incumbents are ap7 pointed by the President, by and with the ad8 vice and consent of the Senate, the functions of

9 which are transferred by this subsection, shall

10 terminate on the effective date of this sub11 section.

12 (8) SAVINGS PROVISIONS.—

13 (A) CONTINUING EFFECT OF LEGAL DOCU14 MENTS.—All orders, determinations, rules, reg15 ulations, permits, agreements, grants, contracts,

16 certificates, licenses, registrations, privileges,

17 and other administrative actions—

18 (i) that have been issued, made,

19 granted, or allowed to become effective by

20 the President, any Federal agency or offi21 cial thereof, or by a court of competent ju22 risdiction, in the performance of functions

23 that are transferred under this subsection;

24 and
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1 (ii) that are in effect at the time this

2 subsection takes effect, or were final before

3 the effective date of this subsection and

4 are to become effective on or after the ef5 fective date of this subsection,

6 shall continue in effect according to their terms

7 until modified, terminated, superseded, set

8 aside, or revoked in accordance with law by the

9 President, the Chairperson, or other authorized

10 official, a court of competent jurisdiction, or by

11 operation of law.

12 (B) PROCEEDINGS NOT AFFECTED.—The

13 provisions of this subsection shall not affect any

14 proceedings, including notices of proposed rule15 making, or any application for any license, per16 mit, certificate, or financial assistance pending

17 before the ACTION Agency at the time this

18 subsection takes effect, with respect to func19 tions transferred by this subsection but such

20 proceedings and applications shall be continued.

21 Orders shall be issued in such proceedings, ap22 peals shall be taken therefrom, and payments

23 shall be made pursuant to such orders, as if

24 this subsection had not been enacted, and or25 ders issued in any such proceedings shall con-
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1 tinue in effect until modified, terminated, su2 perseded, or revoked by a duly authorized offi3 cial, by a court of competent jurisdiction, or by

4 operation of law. Nothing in this subparagraph

5 shall be deemed to prohibit the discontinuance

6 or modification of any such proceeding under

7 the same terms and conditions and to the same

8 extent that such proceeding could have been

9 discontinued or modified if this subsection had

10 not been enacted.

11 (C) SUITS NOT AFFECTED.—The provi12 sions of this subsection shall not affect suits

13 commenced before the effective date of this sub14 section, and in all such suits, proceedings shall

15 be had, appeals taken, and judgments rendered

16 in the same manner and with the same effect

17 as if this subsection had not been enacted.

18 (D) NONABATEMENT OF ACTIONS.—No

19 suit, action, or other proceeding commenced by

20 or against the ACTION Agency, or by or

21 against any individual in the official capacity of

22 such individual as an officer of the ACTION

23 Agency, shall abate by reason of the enactment

24 of this subsection.
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1 (E) ADMINISTRATIVE ACTIONS RELATING

2 TO PROMULGATION OF REGULATIONS.—Any ad3 ministrative action relating to the preparation

4 or promulgation of a regulation by the AC5 TION Agency relating to a function transferred

6 under this subsection may be continued by the

7 Corporation with the same effect as if this sub8 section had not been enacted.

9 (9) SEVERABILITY.—If a provision of this sub10 section or its application to any person or cir11 cumstance is held invalid, neither the remainder of

12 this subsection nor the application of the provision

13 to other persons or circumstances shall be affected.

14 (10) TRANSITION.—Prior to, or after, any

15 transfer of a function under this subsection, the

16 Chairperson is authorized to utilize—

17 (A) the services of such officers, employ18 ees, and other personnel of the ACTION Agen19 cy with respect to functions that will be or have

20 been transferred to the Corporation by this sub21 section; and

22 (B) funds appropriated to such functions

23 for such period of time as may reasonably be

24 needed to facilitate the orderly implementation

25 of this subsection.
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1 (d) EFFECTIVE DATE.—

2 (1) IN GENERAL.—Except as provided in para3 graph (2), this section, and the amendments made

4 by this section, shall take effect—

5 (A) 18 months after the date of enactment

6 of this Act; or

7 (B) on such earlier date as the President

8 shall determine to be appropriate and announce

9 by proclamation published in the Federal Reg10 ister.

11 (2) TRANSITION.—Subsection (c)(10) shall take

12 effect on the date of enactment of this Act.

13 TITLE III—REAUTHORIZATION

14 Subtitle A—National and

15 Community Service Act of 1990

16 SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

17 Section 501 of the National and Community Service

18 Act of 1990 (42 U.S.C. 12681) is amended to read as

19 follows:

20 ‘‘SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

21 ‘‘(a) TITLE I.—

22 ‘‘(1) SUBTITLE B.—There are authorized to be

23 appropriated to provide financial assistance under

24 subtitle B of title I, $45,000,000 for fiscal year
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1 1994, and such sums as may be necessary for each

2 of the fiscal years 1995 through 1998.

3 ‘‘(2) SUBTITLES C, D, AND H.—There are au4 thorized to be appropriated to provide financial as5 sistance under subtitles C and H of title I, and to

6 provide national service educational awards under

7 subtitle D of title I, $389,000,000 for fiscal year

8 1994, and such sums as may be necessary for each

9 of the fiscal years 1995 through 1998. Of the funds

10 appropriated under this paragraph for a fiscal year,

11 not more than 15 percent of such funds may be

12 made available to provide financial assistance for ac13 tivities in subtitle H, section 125, or section 126.

14 ‘‘(3) ADMINISTRATION.—There are authorized

15 to be appropriated for the administration of this Act

16 such sums as may be necessary for each of the fiscal

17 years 1994 through 1998.

18 ‘‘(b) TITLE III.—There are authorized to be appro19 priated to carry out title III $5,000,000 for each of the

20 fiscal years 1994 through 1998.

21 ‘‘(c) AVAILABILITY OF APPROPRIATIONS.—Funds ap22 propriated under this section shall remain available until

23 expended.’’.
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1 Subtitle B—Domestic Volunteer

2 Service Act of 1973

3 SEC. 311. SHORT TITLE; REFERENCES.

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

5 ‘‘Domestic Volunteer Service Act Amendments of 1993’’.

6 (b) REFERENCES.—Except as otherwise specifically

7 provided, whenever in this subtitle an amendment or re8 peal is expressed in terms of an amendment to, or repeal

9 of, a section or other provision, the reference shall be con10 sidered to be made to a section or other provision of the

11 Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950

12 et seq.).

13 CHAPTER 1—VISTA AND OTHER ANTI14 POVERTY PROGRAMS

15 SEC. 321. PURPOSE OF THE VISTA PROGRAM.

16 The last sentence of section 101 (42 U.S.C. 4951)

17 is amended to read as follows: ‘‘In addition, the objectives

18 of this part are to generate the commitment of private

19 sector resources, to encourage volunteer service at the

20 local level, and to strengthen local agencies and organiza21 tions to carry out the purpose of this part.’’.

22 SEC. 322. SELECTION AND ASSIGNMENT OF VISTA VOLUN23 TEERS.

24 (a) VOLUNTEER ASSIGNMENTS.—Section 103(a) (42

25 U.S.C. 4953(a)) is amended—
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1 (1) in the matter preceding paragraph (1), by

2 striking ‘‘a public’’ and inserting ‘‘public’’;

3 (2) in paragraph (2), by striking ‘‘and’’ at the

4 end;

5 (3) in paragraph (3), by striking ‘‘illiterate or

6 functionally illiterate youth and other individuals,’’;

7 (4) in paragraph (5), by striking ‘‘and’’ at the

8 end;

9 (5) in paragraph (6)—

10 (A) by striking ‘‘or the Community Eco11 nomic’’ and inserting ‘‘the Community Eco12 nomic’’;

13 (B) by inserting ‘‘or other similar Acts,’’

14 after ‘‘1981,’’; and

15 (C) by striking the period and inserting ‘‘;

16 and’’; and

17 (6) by adding at the end the following new

18 paragraph:

19 ‘‘(7) in strengthening, supplementing, and ex20 panding efforts to address the problem of illiteracy

21 throughout the United States.’’.

22 (b) RECRUITMENT PROCEDURES.—Section 103(b)

23 (42 U.S.C. 4953(b)) is amended—

24 (1) by striking paragraphs (2), (4), (5) and (6);
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1 (2) by redesignating paragraphs (3) and (7) as

2 paragraphs (2) and (3), respectively;

3 (3) in paragraph (2) (as redesignated in para4 graph (2) of this subsection), by striking ‘‘paragraph

5 (7)’’ and inserting ‘‘paragraph (3)’’; and

6 (4) in paragraph (3) (as redesignated in para7 graph (2) of this subsection)—

8 (A) in subparagraph (A), by striking

9 ‘‘paragraph (4)’’ and inserting ‘‘paragraph

10 (2)’’;

11 (B) by striking subparagraphs (B), (C),

12 and (E);

13 (C) by redesignating subparagraphs (D)

14 and (F) as subparagraphs (C) and (D), respec15 tively; and

16 (D) by inserting after subparagraph (A)

17 the following new subparagraph:

18 ‘‘(B) A sponsoring organization may recruit volun19 teers for service under this part, subject to final approval

20 by the Director.’’.

21 (c) PUBLIC AWARENESS AND RECRUITMENT.—Sub22 section (c) of section 103 (42 U.S.C. 4953(c)) is amend23 ed—

24 (1) in paragraph (1), to read as follows:
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1 ‘‘(1)(A) The Director shall conduct national and local

2 public awareness and recruitment activities in order to

3 meet the volunteer goals of the program. Such activities

4 shall be coordinated with recruitment authorized under

5 subtitle C or E of the National and Community Service

6 Act of 1990 and may include public service announce7 ments, advertisements, publicity on loan deferments and

8 cancellations available to VISTA volunteers, maintenance

9 of a toll-free telephone system, and provision of technical

10 assistance for the recruitment of volunteers to programs

11 and projects receiving assistance under this part.

12 ‘‘(B) The Director shall take steps to recruit individ13 uals 18 through 27 years of age, 55 years of age and older,

14 recent graduates of institutions of higher education, and

15 special skilled volunteers and to promote diverse participa16 tion in the program.’’;

17 (2) in paragraph (3), by adding at the end the

18 following new sentence: ‘‘In addition, the Director

19 shall take steps to provide opportunities for returned

20 Peace Corps volunteers to serve in the VISTA pro21 gram.’’;

22 (3) by striking paragraphs (4), (5), and (6);

23 and

24 (4) by adding at the end the following new

25 paragraph:
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1 ‘‘(4) From the amounts appropriated under section

2 501(a) for fiscal year 1994 and each subsequent fiscal

3 year, the Director shall obligate such sums as may be nec4 essary for the purpose of carrying out this subsection in

5 such fiscal year.’’.

6 (d) COORDINATION WITH OTHER FEDERAL AGEN7 CIES.—Section 103 (42 U.S.C. 4953) is amended by add8 ing at the end the following new subsection:

9 ‘‘(h) The Director is encouraged to enter into agree10 ments with other Federal agencies to use VISTA volun11 teers in furtherance of program objectives that are consist12 ent with the purposes described in section 101.’’.

13 SEC. 323. TERMS AND PERIODS OF SERVICE.

14 (a) CLARIFICATION AND PERIODS OF SERVICE.—

15 Subsection (b) of section 104 (42 U.S.C. 4954(b)) is

16 amended to read as follows:

17 ‘‘(b)(1) Volunteers serving under this part may be en18 rolled initially for periods of service of not less than 1 year,

19 nor more than 2 years, except as provided in paragraph

20 (2) or subsection (e).

21 ‘‘(2) Volunteers serving under this part may be en22 rolled for periods of service of less than 1 year if the Direc23 tor determines, on an individual basis, that a period of

24 service of less than 1 year is necessary to meet a critical

25 scarce skill need.
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1 ‘‘(3) Volunteers serving under this part may be

2 reenrolled for periods of service in a manner to be deter3 mined by the Director. No volunteer shall serve for more

4 than a total of 5 years under this part.’’.

5 (b) SUMMER PROGRAM.—Section 104 (42 U.S.C.

6 4954) is amended by adding at the end the following new

7 subsection:

8 ‘‘(e)(1) Notwithstanding any other provision of this

9 part, the Director may enroll full-time VISTA summer as10 sociates in a program for the summer months only, under

11 such terms and conditions as the Director shall determine

12 to be appropriate. Such individuals shall be assigned to

13 projects that meet the criteria set forth in section 103(a).

14 ‘‘(2) In preparing reports relating to programs under

15 this Act, the Director shall report on participants, costs,

16 and accomplishments under the summer program sepa17 rately.

18 ‘‘(3) The limitation on funds appropriated for grants

19 and contracts, as contained in section 108, shall not apply

20 to the summer program.’’.

21 SEC. 324. SUPPORT FOR VISTA VOLUNTEERS.

22 (a) POSTSERVICE STIPEND.—Section 105(a)(1) (42

23 U.S.C. 4955(a)(1)) is amended—

24 (1) by inserting ‘‘(A)’’ after ‘‘(a)(1)’’; and
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1 (2) by striking the second sentence and insert2 ing the following:

3 ‘‘(B) Such stipend shall not exceed $95 per month

4 in fiscal year 1994, but shall be set at a minimum of $125

5 per month during the service of the volunteer after Octo6 ber 1, 1994, assuming the availability of funds to accom7 plish this increase. The Director may provide a stipend

8 of a minimum of $200 per month in the case of persons

9 who have served as volunteers under this part for at least

10 1 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), by striking paragraph (3).
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1 SEC. 327. APPLICATIONS FOR ASSISTANCE.

2 Section 110 (42 U.S.C. 4960) is amended to read as

3 follows:

4 ‘‘SEC. 110. APPLICATIONS FOR ASSISTANCE.

5 ‘‘In reviewing an application for assistance under this

6 part, the Director shall not deny such assistance to any

7 project or program, or any public or private nonprofit or8 ganization, solely on the basis of the duration of the assist9 ance such project, program, or organization has received

10 under this part prior to the date of submission of the ap11 plication. The Director shall grant assistance under this

12 part on the basis of merit and to accomplish the goals

13 of the VISTA program, and shall consider the needs and

14 requirements of projects in existence on such date as well

15 as potential new projects.’’.

16 SEC. 328. REPEAL OF AUTHORITY FOR STUDENT COMMU17 NITY SERVICE PROGRAMS.

18 Part B of title I (42 U.S.C. 4971 et seq.) is amended

19 by repealing section 114 (42 U.S.C. 4974).

20 SEC. 329. UNIVERSITY YEAR FOR VISTA.

21 (a) PROGRAM TITLE.—Part B of title I (42 U.S.C.

22 4971 et seq.) is amended—

23 (1) in the part heading to read as follows:
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1 ‘‘PART B—UNIVERSITY YEAR FOR VISTA’’;

2 (2) by striking ‘‘University Year for ACTION’’

3 each place that such term appears in such part and

4 inserting ‘‘University Year for VISTA’’;

5 (3) by striking ‘‘UYA’’ each place that such

6 term appears in such part and inserting ‘‘UYV’’;

7 and

8 (4) in section 112 (42 U.S.C. 4972) by striking

9 the section heading and inserting the following new

10 section heading:

11 ‘‘AUTHORITY TO OPERATE UNIVERSITY YEAR FOR VISTA

12 PROGRAM’’.

13 (b) SPECIAL CONDITIONS.—Section 113(a) (42

14 U.S.C. 4973(a)) is amended—

15 (1) by striking ‘‘of not less than the duration

16 of an academic year’’ and inserting ‘‘of not less than

17 the duration of an academic semester or its equiva18 lent’’; and

19 (2) by adding at the end the following new sen20 tence: ‘‘Volunteers may receive a living allowance

21 and such other support or allowances as the Director

22 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

7 VOLUNTEER 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 (a) ELIGIBILITY FOR PARTICIPANTS IN THE PRO21 GRAM.—Section 201(a) (42 U.S.C. 5001(a)) is amend22 ed—

23 (1) in the matter preceding paragraph (1), by

24 inserting ‘‘and older working persons’’ after ‘‘retired

25 persons’’; and
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1 (2) in paragraph (2), by striking ‘‘aged sixty’’

2 and inserting ‘‘age 55’’.

3 (b) DELETION OF REQUIREMENT FOR STATE AGEN4 CY REVIEW.—Section 201 (42 U.S.C. 5001) is amended—

5 (1) by striking subsection (c); and

6 (2) by redesignating subsection (d) as sub7 section (c).

8 SEC. 344. SERVICES UNDER THE FOSTER GRANDPARENT

9 PROGRAM.

10 Section 211(a) (42 U.S.C. 5011(a)) is amended by

11 striking ‘‘, including services’’ and all that follows through

12 ‘‘with special needs.’’ and inserting a period and the fol13 lowing: ‘‘Such services may include services by individuals

14 serving as foster grandparents to children who are receiv15 ing care in hospitals, who are residing in homes for de16 pendent and neglected children, or who are receiving serv17 ices provided by day care centers, schools, Head Start

18 projects, or any of a variety of other establishments and

19 institutions providing services for children with special or

20 exceptional needs. Individual foster grandparents may

21 provide person-to-person services to one or more children,

22 depending on the needs of the project and local site.’’.

23 SEC. 345. STIPENDS FOR LOW-INCOME VOLUNTEERS.

24 Section 211(d) (42 U.S.C. 5011(d)) is amended in

25 the second sentence by striking ‘‘Any stipend or allowance
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1 provided under this subsection shall not be less than $2.20

2 per hour until October 1, 1990, $2.35 per hour during

3 fiscal year 1991, and $2.50 per hour on and after October

4 1, 1992,’’ and inserting ‘‘Any stipend or allowance pro5 vided under this section shall not be less than $2.45 per

6 hour on and after October 1, 1993, and shall be adjusted

7 once prior to December 31, 1997, to account for inflation,

8 as determined by the Director and rounded to the nearest

9 five cents,’’.

10 SEC. 346. PARTICIPATION OF NON-LOW-INCOME PERSONS

11 UNDER PARTS B AND C.

12 Subsection (f) of section 211(f) (42 U.S.C. 5011(f))

13 is amended to read as follows:

14 ‘‘(f) Individuals who are not low-income persons may

15 serve as volunteers under parts B and C, in accordance

16 with such regulations as the Director shall issue, at the

17 discretion of the local project. Such individuals shall not

18 receive any allowance, stipend, or other financial support

19 for such service except reimbursement for transportation,

20 meals, and out-of-pocket expenses related to such serv21 ice.’’.

22 SEC. 347. CONDITIONS OF GRANTS AND CONTRACTS.

23 Section 212 (42 U.S.C. 5012) is repealed.
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1 SEC. 348. EVALUATION OF THE SENIOR COMPANION PRO2 GRAM.

3 Section 213(c) (42 U.S.C. 5013(c)) is amended by

4 striking paragraph (3).

5 SEC. 349. AGREEMENTS WITH OTHER FEDERAL AGENCIES.

6 Section 221(a) (42 U.S.C. 5021(a)) is amended—

7 (1) by striking ‘‘(1)’’ and inserting ‘‘(1)(A)’’;

8 and

9 (2) by adding at the end the following:

10 ‘‘(2) The Director is encouraged to enter into

11 agreements with—

12 ‘‘(A) the Department of Health and

13 Human Services to—

14 ‘‘(i) involve retired or senior volun15 teers and foster grandparents in Head

16 Start projects; and

17 ‘‘(ii) promote in-home care in coopera18 tion with the Administration on Aging;

19 ‘‘(B) the Department of Education to pro20 mote intergenerational tutoring and mentoring

21 for at-risk children; and

22 ‘‘(C) the Environmental Protection Agency

23 to support conservation efforts.’’.

24 SEC. 350. PROGRAMS OF NATIONAL SIGNIFICANCE.

25 Section 225 (42 U.S.C. 5025) is amended—

26 (1) in subsection (a)—
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1 (A) by striking paragraph (1) and insert2 ing the following new paragraph:

3 ‘‘(1) The Director is authorized to make grants under

4 parts A, B, and C to support programs that address na5 tional problems that are also of local concern. The Direc6 tor may, in any fiscal year, determine which programs of

7 national significance will receive priority in that year.’’;

8 (B) in paragraph (2)(B), by striking

9 ‘‘paragraph (10)’’ and inserting ‘‘paragraphs

10 (10) and (12)’’; and

11 (C) in paragraph (2)(C), by striking ‘‘and

12 (10)’’ and inserting ‘‘(10), (12), (15), and

13 (16)’’;

14 (2) in subsection (b), by adding at the end the

15 following new paragraphs:

16 ‘‘(12) Programs that address environmental

17 needs.

18 ‘‘(13) Programs that reach out to organizations

19 not previously involved in addressing local needs,

20 such as labor unions and profit-making organiza21 tions.

22 ‘‘(14) Programs that provide for ethnic out23 reach.

24 ‘‘(15) Programs that support criminal justice

25 activities.
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1 ‘‘(16) Programs that involve older volunteers

2 working with young people in apprenticeship pro3 grams.’’; and

4 (3) in subsection (d), by striking paragraph (1)

5 and inserting the following new paragraph:

6 ‘‘(1) Except as provided in paragraph (2), from the

7 amounts appropriated under subsection (a), (b), (c), or (d)

8 of section 502, for each fiscal year there shall be available

9 to the Director such sums as may be necessary to make

10 grants under subsection (a).’’.

11 SEC. 351. ADJUSTMENTS TO FEDERAL FINANCIAL ASSIST12 ANCE.

13 Section 226 (42 U.S.C. 5026) is amended—

14 (1) in subsection (a)(1)—

15 (A) in subparagraph (A), by striking

16 ‘‘(A)’’; and

17 (B) by striking subparagraph (B); and

18 (2) in subsection (b)—

19 (A) in paragraph (1), by striking ‘‘(1)’’;

20 and

21 (B) by striking paragraph (2).

22 SEC. 352. DEMONSTRATION PROGRAMS.

23 Title II is amended by adding at the end the following

24 new part:
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1 ‘‘PART E—DEMONSTRATION PROGRAMS

2 ‘‘SEC. 231. AUTHORITY OF DIRECTOR.

3 ‘‘(a) IN GENERAL.—The Director is authorized to

4 make grants to or enter into contracts with public or non5 profit organizations, including organizations funded under

6 part A, B, or C, for the purposes of demonstrating innova7 tive activities involving older Americans as volunteers. The

8 Director may support under this part both volunteers re9 ceiving stipends and volunteers not receiving stipends.

10 ‘‘(b) ACTIVITIES.—An organization that receives a

11 grant or enters into a contract under subsection (a) may

12 use funds made available through the grant or contract

13 for activities such as—

14 ‘‘(1) linking youth groups and older American

15 organizations in volunteer activities;

16 ‘‘(2) involving older volunteers in programs and

17 activities different from those currently supported in

18 the community; and

19 ‘‘(3) testing whether older American volunteer

20 programs may contribute to new objectives or cer21 tain national priorities.

22 ‘‘SEC. 232. PROHIBITION.

23 ‘‘The Director may not reduce the activities, projects,

24 or volunteers funded under the other parts of this title

25 in order to support projects under this part.’’.
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1 CHAPTER 3—ADMINISTRATION

2 SEC. 361. PURPOSE OF AGENCY.

3 Section 401 (42 U.S.C. 5041) is amended—

4 (1) by inserting after the first sentence the fol5 lowing: ‘‘This Agency shall also promote the coordi6 nation of volunteer efforts among Federal, State,

7 and local agencies and organizations, exchange tech8 nical assistance information among them, and pro9 vide technical assistance to other nations concerning

10 domestic volunteer programs within their coun11 tries.’’; and

12 (2) by striking ‘‘Older American Volunteer Pro13 grams’’ each place the term appears and inserting

14 ‘‘National Senior Volunteer Corps’’.

15 SEC. 362. AUTHORITY OF THE DIRECTOR.

16 Section 402 (42 U.S.C. 5042) is amended in para17 graphs (5) and (6) by inserting ‘‘solicit and’’ before ‘‘ac18 cept’’ in each such paragraph.

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. EVALUATION OF PROGRAMS.

11 Section 416 (42 U.S.C. 5056) is amended—

12 (1) in subsection (a)—

13 (A) in the first sentence, by striking ‘‘(in14 cluding the VISTA Literacy Corps which shall

15 be evaluated as a separate program at least

16 once every 3 years)’’; and

17 (B) in the second sentence, by striking ‘‘at

18 least once every 3 years’’ and inserting ‘‘peri19 odically’’;

20 (2) in subsection (b) to read as follows:

21 ‘‘(b) In carrying out evaluations of programs under

22 this Act, the Director shall create appropriate manage23 ment information systems that will summarize informa24 tion on volunteer activities and accomplishments across

25 the programs supported under this Act. The Director shall
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1 periodically prepare and submit to the appropriate com2 mittees of Congress a report containing such informa3 tion.’’; and

4 (3) by striking subsections (d), (e), (f), and (g).

5 SEC. 367. NONDISCRIMINATION PROVISIONS.

6 Section 417 (42 U.S.C. 5057) is amended to read as

7 follows:

8 ‘‘SEC. 417. NONDISCRIMINATION PROVISIONS.

9 ‘‘(a) IN GENERAL.—

10 ‘‘(1) BASIS.—An individual with responsibility

11 for the operation of a program that receives assist12 ance under this Act shall not discriminate against a

13 participant in, or member of the staff of, such pro14 gram on the basis of race, color, national origin, sex,

15 age, or political affiliation of such participant or

16 member, or on the basis of disability, if the partici17 pant or member is a qualified individual with a dis18 ability.

19 ‘‘(2) DEFINITION.—As used in paragraph (1),

20 the term ‘qualified individual with a disability’ has

21 the meaning given the term in section 101(8) of the

22 Americans with Disabilities Act of 1990 (42 U.S.C.

23 12111(8)).

24 ‘‘(b) FEDERAL FINANCIAL ASSISTANCE.—Any assist25 ance provided under this Act shall constitute Federal fi-
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1 nancial assistance for purposes of title VI of the Civil

2 Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX

3 of the Education Amendments of 1972 (20 U.S.C. 1681

4 et seq.), section 504 of the Rehabilitation Act of 1973 (29

5 U.S.C. 794), and the Age Discrimination Act of 1975 (42

6 U.S.C. 6101 et seq.).

7 ‘‘(c) RELIGIOUS DISCRIMINATION.—

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2), an individual with responsibility for the

10 operation of a program that receives assistance

11 under this Act shall not discriminate on the basis of

12 religion against a participant in such program or a

13 member of the staff of such program who is paid

14 with funds received under this Act.

15 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

16 apply to the employment, with assistance provided

17 under this Act, of any member of the staff, of a pro18 gram that receives assistance under this Act, who

19 was employed with the organization operating the

20 program on the date the grant under this Act was

21 awarded.

22 ‘‘(d) RULES AND REGULATIONS.—The Director shall

23 promulgate rules and regulations to provide for the en24 forcement of this section that shall include provisions for

25 summary suspension of assistance for not more than 30
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1 days, on an emergency basis, until notice and an oppor2 tunity to be heard can be provided.’’.

3 SEC. 368. ELIMINATION OF SEPARATE REQUIREMENTS FOR

4 SETTING REGULATIONS.

5 Section 420 (42 U.S.C. 5060) is repealed.

6 SEC. 369. CLARIFICATION OF ROLE OF INSPECTOR GEN7 ERAL.

8 Section 422 (42 U.S.C. 5062) is amended—

9 (1) in subsection (a), by inserting ‘‘or the In10 spector General’’ after ‘‘Director’’; and

11 (2) in subsection (b), by inserting ‘‘, the Inspec12 tor General,’’ after ‘‘Director’’ each place that such

13 term appears.

14 SEC. 370. COPYRIGHT PROTECTION.

15 Title IV is amended by adding at the end, the follow16 ing new section:

17 ‘‘SEC. 425. PROTECTION AGAINST IMPROPER USE.

18 ‘‘Whoever falsely—

19 ‘‘(1) advertises or represents; or

20 ‘‘(2) publishes or displays any sign, symbol, or

21 advertisement, reasonably calculated to convey the

22 impression,

23 that an entity is affiliated with, funded by, or operating

24 under the authority of ACTION, VISTA, or any of the

25 programs of the National Senior Volunteer Corps may be
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1 enjoined under an action filed by the Attorney General,

2 on a complaint by the Director.’’.

3 SEC. 371. CENTER FOR RESEARCH AND TRAINING.

4 Title IV (as amended by section 370 of this Act) is

5 further amended by adding at the end the following new

6 section:

7 ‘‘SEC. 426. CENTER FOR RESEARCH AND TRAINING.

8 ‘‘The Director may establish, directly or by grant or

9 contract, a Center for Research and Training on Vol10 unteerism to carry out research concerning the impact of

11 volunteerism on individuals, organizations, and commu12 nities, provide training to help improve programs across

13 the United States, and carry out such other functions as

14 the Director determines to be appropriate.’’.

15 SEC. 372. DEPOSIT REQUIREMENT CREDIT FOR SERVICE AS

16 A VOLUNTEER.

17 (a) CIVIL SERVICE RETIREMENT SYSTEM.—

18 (1) CREDITABLE SERVICE.—Section 8332(j) of

19 title 5, United States Code, is amended—

20 (A) in paragraph (1)—

21 (i) in the first sentence, by inserting

22 ‘‘the period of an individual’s services as a

23 full-time volunteer enrolled in a program of

24 at least 1 year in duration under part A,

25 B, or C of title I of the Domestic Volun-
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1 teer Service Act of 1973,’’ after ‘‘Economic

2 Opportunity Act of 1964,’’;

3 (ii) in the second sentence, by insert4 ing ‘‘, as a full-time volunteer enrolled in

5 a program of at least 1 year in duration

6 under part A, B, or C of title I of the Do7 mestic Volunteer Service Act of 1973,’’

8 after ‘‘Economic Opportunity Act of

9 1964,’’; and

10 (iii) in the last sentence—

11 (I) by inserting ‘‘or under the

12 Domestic Volunteer Service Act of

13 1973’’ after ‘‘Economic Opportunity

14 Act of 1964’’; and

15 (II) by inserting ‘‘or the Director

16 of ACTION, as appropriate,’’ after

17 ‘‘Director of the Office of Economic

18 Opportunity’’; and

19 (B) by adding at the end the following new

20 paragraph:

21 ‘‘(3) The provisions of paragraph (1) relating to

22 credit for service as a volunteer or volunteer leader

23 under the Economic Opportunity Act of 1964 or the

24 Domestic Volunteer Service Act of 1973 shall not

25 apply to any period of service as a volunteer or vol-
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1 unteer leader of an employee or Member with re2 spect to which the employee or Member has made

3 the deposit with interest, if any, required by section

4 8334(l).’’.

5 (2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS6 ITS.—

7 (A) IN GENERAL.—Section 8334 of title 5,

8 United States Code, is amended by adding at

9 the end the following new subsection:

10 ‘‘(l)(1) Each employee or Member who has performed

11 service as a volunteer or volunteer leader under part A

12 of title VIII of the Economic Opportunity Act of 1964,

13 or as a full-time volunteer enrolled in a program of at least

14 1 year in duration under part A, B, or C of title I of the

15 Domestic Volunteer Service Act of 1973, before the date

16 of the separation from service on which the entitlement

17 to any annuity under this subchapter is based may pay,

18 in accordance with such regulations as the Office of Per19 sonnel Management shall issue, to the agency by which

20 the employee is employed or, in the case of a Member or

21 a congressional employee, to the Secretary of the Senate

22 or the Clerk of the House of Representatives, as appro23 priate, an amount equal to 7 percent of the readjustment

24 allowance paid to the employee or Member under title VIII

25 of the Economic Opportunity Act of 1964 or title I of the
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1 Domestic Volunteer Service Act of 1973 for each period

2 of service as such a volunteer or volunteer leader.

3 ‘‘(2) Any deposit made under paragraph (1) more

4 than 2 years after the later of—

5 ‘‘(A) the date of enactment of this subsection;

6 or

7 ‘‘(B) the date on which the employee or Mem8 ber making the deposit first becomes an employee or

9 Member,

10 shall include interest on such amount, computed and

11 compounded annually beginning on the date of the expira12 tion of the 2-year period. The interest rate that is applica13 ble in computing interest in any year under this paragraph

14 shall be equal to the interest rate that is applicable for

15 such year under subsection (e).

16 ‘‘(3) Any payment received by an agency, the Sec17 retary of the Senate, or the Clerk of the House of Rep18 resentatives under this subsection shall be immediately re19 mitted to the Office of Personnel Management for deposit

20 in the Treasury of the United States to the credit of the

21 Fund.

22 ‘‘(4) The Director shall furnish such information to

23 the Office of Personnel Management as the Office may

24 determine to be necessary for the administration of this

25 subsection.’’.
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1 (B) CONFORMING AMENDMENT.—Section

2 8334(e) of title 5, United States Code, is

3 amended in paragraphs (1) and (2) by striking

4 ‘‘or (k)’’ each place that such term appears and

5 inserting ‘‘(k), or (l)’’.

6 (b) FEDERAL EMPLOYEES RETIREMENT SYSTEM.—

7 (1) CREDITABLE SERVICE.—Section 8411 of

8 title 5, United States Code, is amended—

9 (A) in subsection (b)(3), by striking ‘‘sub10 section (f)’’ and inserting ‘‘subsection (f) or

11 (h)’’; and

12 (B) by adding at the end the following new

13 subsection:

14 ‘‘(h) An employee or Member shall be allowed credit

15 for service as a volunteer or volunteer leader under part

16 A of title VIII of the Economic Opportunity Act of 1964,

17 or as a full-time volunteer enrolled in a program of at least

18 1 year in duration under part A, B, or C of title I of the

19 Domestic Volunteer Service Act of 1973, performed at any

20 time prior to the separation from service on which the en21 titlement to any annuity under this subchapter is based

22 if the employee or Member has made a deposit with inter23 est, if any, with respect to such service under section

24 8422(f).’’.
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1 (2) DEDUCTIONS, CONTRIBUTIONS.—Section

2 8422 of title 5, United States Code, is amended by

3 adding at the end the following new subsection:

4 ‘‘(f)(1) Each employee or Member who has performed

5 service as a volunteer or volunteer leader under part A

6 of title VIII of the Economic Opportunity Act of 1964,

7 or as a full-time volunteer enrolled in a program of at least

8 1 year in duration under part A, B, or C of title I of the

9 Domestic Volunteer Service Act of 1973, before the date

10 of the separation from service on which the entitlement

11 to any annuity under this subchapter, or subchapter V of

12 this chapter, is based may pay, in accordance with such

13 regulations as the Office of Personnel Management shall

14 issue, to the agency by which the employee is employed

15 or, in the case of a Member or a congressional employee,

16 to the Secretary of the Senate or the Clerk of the House

17 of Representatives, as appropriate, an amount equal to 3

18 percent of the readjustment allowance paid to the em19 ployee or Member under title VIII of the Economic Oppor20 tunity Service Act of 1964 or title I of the Domestic Vol21 unteer Service Act of 1973 for each period of service as

22 such a volunteer or volunteer leader.

23 ‘‘(2) Any deposit made under paragraph (1) more

24 than 2 years after the later of—
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1 ‘‘(A) the date of enactment of this subsection,

2 or

3 ‘‘(B) the date on which the employee or Mem4 ber making the deposit first becomes an employee or

5 Member,

6 shall include interest on such amount computed and

7 compounded annually beginning on the date of the expira8 tion of the 2-year period. The interest rate that is applica9 ble in computing interest in any year under this paragraph

10 shall be equal to the interest rate that is applicable for

11 such year under section 8334(e).

12 ‘‘(3) Any payment received by an agency, the Sec13 retary of the Senate, or the Clerk of the House of Rep14 resentatives under this subsection shall be immediately re15 mitted to the Office of Personnel Management for deposit

16 in the Treasury of the United States to the credit of the

17 Fund.

18 ‘‘(4) The Director shall furnish such information to

19 the Office of Personnel Management as the Office may

20 determine to be necessary for the administration of this

21 subsection.’’.

22 (c) APPLICABILITY AND OTHER PROVISIONS.—

23 (1) APPLICABILITY.—

24 (A) TIMING.—The amendments made by

25 subsections (a) and (b) shall apply with respect
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1 to credit for service as a volunteer or volunteer

2 leader under the Economic Opportunity Act of

3 1964 or the Domestic Volunteer Service Act of

4 1973 to individuals who are entitled to an an5 nuity on the basis of a separation from service

6 occurring before, on, or after the effective date

7 of this Act.

8 (B) SEPARATION.—In the case of any indi9 vidual whose entitlement to an annuity is based

10 on a separation from service occurring before

11 the date of enactment of this Act, any increase

12 in such individual’s annuity on the basis of a

13 deposit made pursuant to section 8334(l) or

14 section 8442(f) of title 5, United States Code,

15 as amended by this Act, shall be effective only

16 with respect to annuity payments payable for

17 calendar months beginning after the date of en18 actment of this Act.

19 (2) ACTION TO INFORM INDIVIDUALS.—The Di20 rector of the Office of Personnel Management shall

21 take such action as may be necessary and appro22 priate to inform individuals entitled to credit under

23 this section for service as a volunteer or volunteer

24 leader, or to have any annuity recomputed, or to
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1 make a deposit under this section, of such entitle2 ment.

3 CHAPTER 4—AUTHORIZATION OF APPRO4 PRIATIONS AND OTHER AMENDMENTS

5 SEC. 381. AUTHORIZATION OF APPROPRIATIONS FOR

6 TITLE I.

7 Section 501 (42 U.S.C. 5081) is amended to read as

8 follows:

9 ‘‘SEC. 501. NATIONAL VOLUNTEER ANTIPOVERTY PRO10 GRAMS.

11 ‘‘(a) AUTHORIZATIONS.—

12 ‘‘(1) VOLUNTEERS IN SERVICE TO AMERICA.—

13 There are authorized to be appropriated to carry out

14 part A of title I, excluding sections 104(e) and 109,

15 $40,000,000 for fiscal year 1994, and such sums as

16 may be necessary for each of the fiscal years 1995

17 through 1998.

18 ‘‘(2) SUMMER PROGRAM.—There are authorized

19 to be appropriated to carry out section 104(e), such

20 sums as may be necessary for each of the fiscal

21 years 1994 through 1998.

22 ‘‘(3) LITERACY ACTIVITIES.—There are author23 ized to be appropriated to carry out section 109,

24 such sums as may be necessary for each of the fiscal

25 years 1994 through 1998.
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1 ‘‘(4) UNIVERSITY YEAR FOR VISTA.—There are

2 authorized to be appropriated to carry out part B of

3 title I, such sums as may be necessary for each of

4 the fiscal years 1994 through 1998.

5 ‘‘(5) SPECIAL VOLUNTEER PROGRAMS.—There

6 are authorized to be appropriated to carry out part

7 C of title I, excluding section 125, such sums as may

8 be necessary for each of the fiscal years 1994

9 through 1998.

10 ‘‘(6) LITERACY CHALLENGE GRANTS.—There

11 are authorized to be appropriated to carry out sec12 tion 125, such sums as may be necessary for each

13 of the fiscal years 1994 through 1998.

14 ‘‘(b) SUBSISTENCE.—The minimum level of an allow15 ance for subsistence required under section 105(b)(2), to

16 be provided to each volunteer under title I, may not be

17 reduced or limited in order to provide for an increase in

18 the number of volunteer service years under part A of title

19 I.

20 ‘‘(c) LIMITATION.—No part of the funds appro21 priated to carry out part A of title I may be used to pro22 vide volunteers or assistance to any program or project

23 authorized under part B or C of title I, or under title II,

24 unless the program or project meets the antipoverty cri25 teria of part A of title I.
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1 ‘‘(d) AVAILABILITY.—Amounts appropriated for part

2 A of title I shall remain available for obligation until the

3 end of the fiscal year following the fiscal year for which

4 the amounts were appropriated.

5 ‘‘(e) VOLUNTEER SERVICE REQUIREMENT.—

6 ‘‘(1) VOLUNTEER SERVICE YEARS.—Of the

7 amounts appropriated under this section for parts A,

8 B, and C of title I, including section 125, there shall

9 first be available for part A of title I, including sec10 tions 104(e) and 109, an amount not less than the

11 amount necessary to provide 3,700 volunteer service

12 years in fiscal year 1994, 4,000 volunteer service

13 years in fiscal year 1995, 4,500 volunteer service

14 years in fiscal year 1996, 5,500 volunteer service

15 years in fiscal year 1997, and 7,500 volunteer serv16 ice years in fiscal year 1998.

17 ‘‘(2) PLAN.—If the Director determines that

18 funds appropriated to carry out part A, B, or C of

19 title I are insufficient to provide for the years of vol20 unteer service required by paragraph (1), the Direc21 tor shall submit a plan to the relevant authorizing

22 and appropriations committees of Congress that will

23 detail what is necessary to fully meet this require24 ment.’’.
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1 SEC. 382. AUTHORIZATION OF APPROPRIATIONS FOR

2 TITLE II.

3 Section 502 (42 U.S.C. 5082) is amended to read as

4 follows:

5 ‘‘SEC. 502. NATIONAL SENIOR VOLUNTEER CORPS.

6 ‘‘(a) RETIRED AND SENIOR VOLUNTEER PRO7 GRAM.—There are authorized to be appropriated to carry

8 out part A of title II, $35,800,000 for fiscal year 1994,

9 and such sums as may be necessary for each of the fiscal

10 years 1995 through 1998.

11 ‘‘(b) FOSTER GRANDPARENT PROGRAM.—There are

12 authorized to be appropriated to carry out part B of title

13 II, $68,800,000 for fiscal year 1994, and such sums as

14 may be necessary for each of the fiscal years 1995 through

15 1998.

16 ‘‘(c) SENIOR COMPANION PROGRAM.—There are au17 thorized to be appropriated to carry out part C of title

18 II, $31,700,000 for fiscal year 1994, and such sums as

19 may be necessary for each of the fiscal years 1995 through

20 1998.

21 ‘‘(d) DEMONSTRATION PROGRAMS.—There are au22 thorized to be appropriated to carry out part E of title

23 II, such sums as may be necessary for each of the fiscal

24 years 1994 through 1998.’’.
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1 SEC. 383. AUTHORIZATION OF APPROPRIATIONS FOR

2 TITLE IV.

3 Section 504 (42 U.S.C. 5084) is amended to read as

4 follows:

5 ‘‘SEC. 504. ADMINISTRATION AND COORDINATION.

6 ‘‘(a) IN GENERAL.—For each of the fiscal years 1994

7 through 1998, there are authorized to be appropriated for

8 the administration of this Act as provided for in title IV,

9 20 percent of the total amount appropriated under sec10 tions 501 and 502 with respect to such year.

11 ‘‘(b) EVALUATION AND CENTER FOR RESEARCH AND

12 TRAINING.—For each of the fiscal years 1994 through

13 1998, the Director is authorized to expend not less than

14 one-half of 1 percent, and not more than 1 percent, from

15 the amounts appropriated under sections 501 and 502, for

16 the purposes prescribed in sections 416 and 426.’’.

17 SEC. 384. CONFORMING AMENDMENTS; COMPENSATION

18 FOR VISTA FECA CLAIMANTS.

19 Section 8143(b) of title 5, United States Code, is

20 amended by striking ‘‘GS–7’’ and inserting ‘‘GS–5 of the

21 General Schedule under section 5332 of title 5, United

22 States Code’’.

23 SEC. 385. REPEAL OF AUTHORITY.

24 Title VII (42 U.S.C. 5091 et seq.) is repealed.
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1 CHAPTER 5—GENERAL PROVISIONS

2 SEC. 391. TECHNICAL AND CONFORMING AMENDMENTS.

3 The Domestic Volunteer Service Act of 1973 (42

4 U.S.C. 4950 et seq.) is amended by striking ‘‘That this

5 Act’’ and all that follows through the end of the table of

6 contents and inserting the following:

7 ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

9 ‘Domestic Volunteer Service Act of 1973’.

10 ‘‘(b) TABLE OF CONTENTS.—The table of contents

11 is as follows:

‘‘Sec. 1. Short title; table of contents.

‘‘Sec. 2. Volunteerism policy.

‘‘TITLE I—NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

‘‘PART A—VOLUNTEERS IN SERVICE TO AMERICA

‘‘Sec. 101. Statement of purpose.

‘‘Sec. 102. Authority to operate VISTA program.

‘‘Sec. 103. Selection and assignment of volunteers.

‘‘Sec. 104. Terms and periods of service.

‘‘Sec. 105. Support service.

‘‘Sec. 106. Participation of beneficiaries.

‘‘Sec. 107. Participation of younger and older persons.

‘‘Sec. 108. Limitation.

‘‘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.
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‘‘TITLE II—NATIONAL SENIOR VOLUNTEER CORPS

‘‘Sec. 200. Statement of purposes.

‘‘PART A—RETIRED AND SENIOR VOLUNTEER PROGRAM

‘‘Sec. 201. Grants and contracts for volunteer service projects.

‘‘PART B—FOSTER GRANDPARENT PROGRAM

‘‘Sec. 211. Grants and contracts for volunteer service projects.

‘‘PART C—SENIOR COMPANION PROGRAM

‘‘Sec. 213. Grants and contracts for volunteer service projects.

‘‘PART D—GENERAL PROVISIONS

‘‘Sec. 221. Promotion of National Senior Volunteer Corps.

‘‘Sec. 222. Payments.

‘‘Sec. 223. Minority group participation.

‘‘Sec. 224. Use of locally generated contributions in National Senior Volunteer

Corps.

‘‘Sec. 225. Programs of national significance.

‘‘Sec. 226. Adjustments to Federal financial assistance.

‘‘Sec. 227. Multiyear grants or contracts.

‘‘PART E—DEMONSTRATION PROGRAMS

‘‘Sec. 231. Authority of Director.

‘‘Sec. 232. Prohibition.

‘‘TITLE IV—ADMINISTRATION AND COORDINATION

‘‘Sec. 403. Political activities.

‘‘Sec. 404. Special limitations.

‘‘Sec. 406. Labor standards.

‘‘Sec. 408. Joint funding.

‘‘Sec. 409. Prohibition of Federal control.

‘‘Sec. 410. Coordination with other programs.

‘‘Sec. 411. Prohibition.

‘‘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.
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‘‘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.

4 TITLE IV—TECHNICAL AND

5 CONFORMING AMENDMENTS

6 SEC. 401. DEFINITION OF DIRECTOR.

7 Section 421 of the Domestic Volunteer Service Act

8 of 1973 (42 U.S.C. 5061) is amended by striking para9 graph (1) and inserting the following new paragraph:

10 ‘‘(1) the term ‘Director’ means the Chairperson

11 and Director of the Corporation for National Service

12 appointed under section 193 of the National and

13 Community Services Act of 1990;’’.

14 SEC. 402. REFERENCES TO ACTION AND THE ACTION AGEN15 CY.

16 (a) DOMESTIC VOLUNTEER SERVICE ACT OF

17 1973.—

18 (1) Section 2(b) of the Domestic Volunteer

19 Service Act of 1973 (42 U.S.C. 4950(b)) is amend20 ed—
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1 (A) by striking ‘‘ACTION, the Federal do2 mestic volunteer agency,’’ and inserting ‘‘this

3 Act’’; and

4 (B) by striking ‘‘ACTION’’ and inserting

5 ‘‘the Corporation for National Service’’.

6 (2) Section 125(b) of such Act (42 U.S.C.

7 4995(b)) is amended by striking ‘‘the ACTION

8 Agency’’ and inserting ‘‘the Corporation’’.

9 (3) Section 225(e) of such Act (42 U.S.C.

10 5025(e)) is amended by striking ‘‘the ACTION

11 Agency’’ and inserting ‘‘the Corporation’’.

12 (4) Section 403(a) of such Act (42 U.S.C.

13 5043(a) is amended—

14 (A) by striking ‘‘the ACTION Agency’’ the

15 first place it appears and inserting ‘‘the Cor16 poration under this Act’’; and

17 (B) by striking ‘‘the ACTION Agency’’ the

18 second place it appears and inserting ‘‘the Cor19 poration’’.

20 (5) Section 408 of such Act (42 U.S.C. 5048)

21 is amended by striking ‘‘the ACTION Agency’’ and

22 inserting ‘‘the Corporation’’.

23 (6) Section 421(11) of such Act (as added by

24 section 403 of this Act) is further amended by strik25 ing ‘‘ACTION’’ and inserting ‘‘the Corporation’’.
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1 (7) Section 425 of such Act (as added by sec2 tion 370 of this Act) is further amended by striking

3 ‘‘ACTION’’ and inserting ‘‘the Corporation’’.

4 (b) CIVIL SERVICE RETIREMENT SYSTEM.—Section

5 8332(j)(1) of title 5, United States Code (as amended by

6 section 372(a)(1)(A)(iii)(II) of this Act) is amended by

7 striking ‘‘the Director of ACTION’’ and inserting ‘‘the

8 Chairperson of the Corporation for National Service’’.

9 (c) INSPECTOR GENERAL.—Section 8E(a)(2) of the

10 Inspector General Act of 1978 (5 U.S.C. App.) is amend11 ed—

12 (1) by striking ‘‘ACTION,’’; and

13 (2) by inserting ‘‘the Corporation for National

14 Service (except as provided in section 194(b) of the

15 National and Community Service Act of 1990),’’

16 after ‘‘the Consumer Product Safety Commission,’’.

17 (d) PUBLIC HOUSING SECURITY.—Section 207(c) of

18 the Public Housing Security Demonstration Act of 1978

19 (Public Law 95–557; 92 Stat. 2093; 12 U.S.C. 1701z–

20 6 note) is amended—

21 (1) in paragraph (3)(ii), by striking ‘‘ACTION’’

22 and inserting ‘‘the Corporation for National Serv23 ice’’; and
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1 (2) in paragraph (4), by striking ‘‘ACTION’’

2 and inserting ‘‘the Corporation for National Serv3 ice’’.

4 (e) NATIONAL FOREST VOLUNTEERS.—Section 1 of

5 the Volunteers in the National Forests Act of 1972 (16

6 U.S.C. 558a) is amended by striking ‘‘ACTION’’ and in7 serting ‘‘the Corporation for National Service’’.

8 (f) PEACE CORPS.—Section 2A of the Peace Corps

9 Act (22 U.S.C. 2501–1) is amended by inserting after

10 ‘‘the ACTION Agency’’ the following: ‘‘, the successor to

11 the ACTION Agency,’’.

12 (g) INDIAN ECONOMIC DEVELOPMENT.—Section 502

13 of the Indian Financing Act of 1974 (25 U.S.C. 1542)

14 is amended by striking ‘‘ACTION Agency’’ and inserting

15 ‘‘the Corporation for National Service’’.

16 (h) OLDER AMERICANS.—The Older Americans Act

17 of 1965 is amended—

18 (1) in section 202(c)(1) (42 U.S.C. 3012(c)(1)),

19 by striking ‘‘the Director of the ACTION Agency’’

20 and inserting ‘‘the Corporation for National Serv21 ice’’;

22 (2) in section 203(a)(1) (42 U.S.C.

23 3013(a)(1)), by striking ‘‘the ACTION Agency’’ and

24 inserting ‘‘the Corporation for National Service’’;

25 and
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1 (3) in section 422(b)(12)(C) (42 U.S.C.

2 3035a(b)(12)(C)), by striking ‘‘the ACTION Agen3 cy’’ and inserting ‘‘the Corporation for National

4 Service’’.

5 (i) VISTA SERVICE EXTENSION.—Section 101(c)(1)

6 of the Domestic Volunteer Service Act Amendments of

7 1989 (Public Law 101–204; 103 Stat. 1810; 42 U.S.C.

8 4954 note) is amended by striking ‘‘Director of the AC9 TION Agency’’ and inserting ‘‘Chairperson of the Cor10 poration for National Service’’.

11 (j) AGING RESOURCE SPECIALISTS.—Section 205(c)

12 of the Older Americans Amendments of 1975 (Public Law

13 94–135; 89 Stat. 727; 42 U.S.C. 5001 note) is amended—

14 (1) in paragraph (1)—

15 (A) by striking ‘‘the ACTION Agency,’’

16 and inserting ‘‘the Corporation for National

17 Service,’’; and

18 (B) by striking ‘‘the Director of the AC19 TION Agency’’ and inserting ‘‘the Chairperson

20 of the Corporation’’;

21 (2) in paragraph (2)(A), by striking ‘‘ACTION

22 Agency’’ and inserting ‘‘Corporation’’; and

23 (3) in paragraph (3), by striking subparagraph

24 (A) and inserting the following new subparagraph:
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1 ‘‘(A) the term ‘Corporation’ means the Cor2 poration for National Service established by section

3 191 of the National and Community Service Act of

4 1990.’’.

5 (k) PROMOTION OF PHOTOVOLTAIC ENERGY.—Sec6 tion 11(a) of the Solar Photovoltaic Energy Research, De7 velopment, and Demonstration Act of 1978 (42 U.S.C.

8 5590) is amended by striking ‘‘the Director of ACTION,’’.

9 (l) COORDINATING COUNCIL ON JUVENILE JUS10 TICE.—Section 206(a)(1) of the Juvenile Justice and De11 linquency Prevention Act of 1974 (42 U.S.C. 5616(a)(1))

12 is amended by striking ‘‘the Director of the ACTION

13 Agency’’ and inserting ‘‘the Chairperson of the Corpora14 tion for National Service’’.

15 (m) ENERGY CONSERVATION.—Section 413(b)(1) of

16 the Energy Conservation and Production Act (42 U.S.C.

17 6863(b)(1)) is amended by striking ‘‘the Director of the

18 ACTION Agency,’’.

19 (n) INTERAGENCY COUNCIL ON THE HOMELESS.—

20 Section 202(a) of the Stewart B. McKinney Homeless As21 sistance Act (42 U.S.C. 11312(a)) is amended by striking

22 paragraph (12) and inserting the following new para23 graph:
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1 ‘‘(12) The Chairperson of the Corporation for

2 National Service, or the designee of the Chair3 person.’’.

4 (o) ANTI-DRUG ABUSE.—Section 3601 of the Anti5 Drug Abuse Act of 1988 (42 U.S.C. 11851) is amended

6 by striking paragraph (6) and inserting the following new

7 paragraph:

8 ‘‘(6) the term ‘Director’ means the Chairperson

9 and Director of the Corporation for National Serv10 ice,’’.

11 (p) ADMINISTRATION ON CHILDREN, YOUTH, AND

12 FAMILIES.—Section 916(b) of the Claude Pepper Young

13 Americans Act of 1990 (42 U.S.C. 12312(b)) is amended

14 by striking ‘‘the Director of the ACTION Agency’’ and

15 inserting ‘‘the Chairperson of the Corporation for Na16 tional Service’’.

17 SEC. 403. DEFINITIONS.

18 Section 421 of the Domestic Volunteer Service Act

19 of 1973 (42 U.S.C. 5061) is amended—

20 (1) by striking ‘‘and’’ at the end of paragraph

21 (6);

22 (2) by striking the period at the end of para23 graph (7) and inserting a semicolon; and

24 (3) by adding at the end the following new

25 paragraphs:
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1 ‘‘(8) the term ‘Corporation’ means the Corpora2 tion for National Service established under section

3 191 of the National and Community Service Act of

4 1990;

5 ‘‘(9) the term ‘foster grandparent’ means a vol6 unteer in the Foster Grandparent Program;

7 ‘‘(10) the term ‘Foster Grandparent Program’

8 means the program established under part B of title

9 II;

10 ‘‘(11) the term ‘Inspector General’ means the

11 Inspector General of ACTION;

12 ‘‘(12) the term ‘national senior volunteer’

13 means a volunteer in the National Senior Volunteer

14 Corps;

15 ‘‘(13) the term ‘National Senior Volunteer

16 Corps’ means the programs established under parts

17 A, B, C, and E of title II;

18 ‘‘(14) the term ‘Retired and Senior Volunteer

19 Program’ means the program established under part

20 A of title II;

21 ‘‘(15) the term ‘retired or senior volunteer’

22 means a volunteer in the Retired and Senior Volun23 teer Program;

24 ‘‘(16) the term ‘senior companion’ means a vol25 unteer in the Senior Companion Program;
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1 ‘‘(17) the term ‘Senior Companion Program’

2 means the program established under part C of title

3 II;

4 ‘‘(18) the terms ‘VISTA’ and ‘Volunteers in

5 Service to America’ mean the program established

6 under part A of title I; and

7 ‘‘(19) the term ‘VISTA volunteer’ means a vol8 unteer in VISTA.’’.

9 SEC. 404. REFERENCES TO THE COMMISSION ON NATIONAL

10 AND COMMUNITY SERVICE.

11 (a) NATIONAL DEFENSE AUTHORIZATION ACT FOR

12 FISCAL YEAR 1993.—

13 (1) Section 1092(b) of the National Defense

14 Authorization Act for Fiscal Year 1993 (42 U.S.C.

15 12653a note) is amended—

16 (A) in paragraph (1)—

17 (i) by striking ‘‘Commission on Na18 tional Community Service’’ and inserting

19 ‘‘Corporation for National Service’’; and

20 (ii) by striking ‘‘Commission shall pre21 pare’’ and inserting ‘‘Board of Directors of

22 the Corporation shall prepare’’; and

23 (B) in paragraph (2), by striking ‘‘Board

24 of Directors of the Commission on National and

25 Community Service’’ and inserting ‘‘Board of
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1 Directors of the Corporation for National Serv2 ice’’.

3 (2) Section 1093(a) of such Act (42 U.S.C.

4 12653a note) is amended by striking ‘‘the Board of

5 Directors and Executive Director of the Commission

6 on National and Community Service’’ and inserting

7 ‘‘the Board of Directors and Chairperson of the Cor8 poration for National Service’’.

9 (3) Section 1094 of such Act (Public Law 102–

10 484; 106 Stat. 2535) is amended—

11 (A) in the title, by striking ‘‘COMMISSION

12 ON NATIONAL AND COMMUNITY SERVICE’’

13 and inserting ‘‘CORPORATION FOR NA14 TIONAL SERVICE’’;

15 (B) in subsection (a)—

16 (i) in the heading, by striking ‘‘COM17 MISSION’’ and inserting ‘‘CORPORATION’’;

18 (ii) in the first sentence, by striking

19 ‘‘Commission on National and Community

20 Service’’ and inserting ‘‘Corporation for

21 National Service’’; and

22 (iii) in the second sentence, by strik23 ing ‘‘The Commission’’ and inserting ‘‘The

24 Chairperson of the Corporation’’; and

25 (C) in subsection (b)—
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1 (i) in paragraph (1), by striking

2 ‘‘Board of Directors of the Commission on

3 National and Community Service’’ and in4 serting ‘‘Chairperson of the Corporation

5 for National Service’’; and

6 (ii) in paragraph (2), by striking ‘‘the

7 Commission’’ and inserting ‘‘the Chair8 person of the Corporation for National

9 Service’’.

10 (4) Section 1095 of such Act (Public Law 102–

11 484; 106 Stat. 2535) is amended in the heading for

12 subsection (b) by striking ‘‘COMMISSION ON NA13 TIONAL AND COMMUNITY SERVICE’’ and inserting

14 ‘‘CORPORATION FOR NATIONAL SERVICE’’.

15 (5) Section 2(b) of such Act (Public Law 102–

16 484; 106 Stat. 2315) is amended by striking the

17 item relating to section 1094 of such Act and insert18 ing the following:

‘‘Sec. 1094. Other programs of the Corporation for National Service.’’.

19 (b) NATIONAL AND COMMUNITY SERVICE ACT OF

20 1990.—

21 (1) Sections 159(b)(2) (as redesignated in sec22 tion 104(b)(3) of this Act) and 165 (as redesignated

23 in section 104(b)(3) of this Act), subsections (a) and

24 (b) of section 172, sections 176(a) and 177(c), and

25 subsections (a), (b), and (d) through (h) of section
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1 179, of the National and Community Service Act of

2 1990 (42 U.S.C. 12653h(b)(2), 12653n, 12632 (a)

3 and (b), 12636(a), 12637(c), and 12639 (a), (b),

4 and (d) through (h)) are each amended by striking

5 the term ‘‘Commission’’ each place the term appears

6 and inserting ‘‘Corporation’’.

7 (2) Sections 152, 157(b)(2), 159(b),

8 162(a)(2)(C), 164, and 166(1) of such Act (in each

9 case, as redesignated in section 104(b)(3) of this

10 Act) (42 U.S.C. 12653a, 12653f(b)(2), 12653h(b),

11 12653k(a)(2)(C), 12653m, and 12653o(1)) are each

12 amended by striking ‘‘Commission on National and

13 Community Service’’ and inserting ‘‘Corporation’’.

14 (3) Section 163(b)(9) of such Act (as redesig15 nated in section 104(b)(3) of this Act) (42 U.S.C.

16 12635l(b)(9)) is amended by striking ‘‘Chair of the

17 Commission on National and Community Service’’

18 and inserting ‘‘Chairperson’’.

19 (4) Section 303(a) of such Act (42 U.S.C.

20 12662(a)) is amended—

21 (A) by striking ‘‘The President’’ and in22 serting ‘‘The President, acting through the Cor23 poration,’’;
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1 (B) by inserting ‘‘in furtherance of activi2 ties under section 302’’ after ‘‘section 501(b)’’;

3 and

4 (C) by striking ‘‘the President’’ both places

5 it appears and inserting ‘‘the Corporation’’.

6 SEC. 405. REFERENCES TO DIRECTORS OF THE COMMIS7 SION ON NATIONAL AND COMMUNITY SERV8 ICE.

9 (a) CHAIRPERSON.—

10 (1) Section 159(a) of such Act (as redesignated

11 in section 104(b)(3) of this Act) (42 U.S.C.

12 12653h(b)) is amended—

13 (A) by striking ‘‘BOARD.—The Board’’

14 and inserting ‘‘SUPERVISION.—The Chair15 person’’;

16 (B) by striking ‘‘the Board’’ in the matter

17 preceding the paragraphs and in paragraph (1)

18 and inserting ‘‘the Chairperson’’; and

19 (C) by striking ‘‘the Director’’ in para20 graph (1) and inserting ‘‘the Board’’.

21 (2) Section 159(b) of such Act (as redesignated

22 in section 104(b)(3) of this Act) (42 U.S.C.

23 12653h(b)) is amended by striking ‘‘(b)’’ and all

24 that follows through ‘‘Commission on National and
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1 Community Service’’ and inserting ‘‘(b) MONITOR2 ING AND COORDINATION.—The Chairperson’’.

3 (3) Section 159(c)(1) (as redesignated in sec4 tion 104(b)(3) of this Act) (12653h(c)(1)) is amend5 ed—

6 (A) in subparagraph (A), by striking ‘‘the

7 Board, in consultation with the Executive Di8 rector,’’ and inserting ‘‘Chairperson’’; and

9 (B) in subparagraph (B)(iii), by striking

10 ‘‘the Board through the Executive Director’’.

11 (4) Section 166(6) (as redesignated in section

12 104(b)(3) of this Act) (42 U.S.C. 12653o(6)) is

13 amended—

14 (A) by striking paragraph (6); and

15 (B) by redesignating paragraphs (7)

16 through (11) as paragraphs (6) through (10),

17 respectively.

18 (b) DIRECTOR OF CIVILIAN COMMUNITY CORPS.—

19 Sections 155(a), 157(b)(1)(A), 158(a), 159(c)(1)(A), and

20 163(a) (in each case, as redesignated in section 104(b)(3)

21 of this Act) of the National and Community Service Act

22 of 1990 (42 U.S.C. 12653d(a), 12653f(b)(1)(A),

23 12653g(a), 12653h(c)(1)(A), and 12653l(a)) are amended

24 by striking ‘‘Director of Civilian Community Corps’’ each

25 place the term appears and inserting ‘‘Director’’.
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1 SEC. 406. EFFECTIVE DATE.

2 (a) ACTION.—The amendments made by sections

3 401 and 402 (except subsection (c)(2)) shall take effect

4 on the effective date of section 203.

5 (b) COMMISSION.—The amendments made by section

6 402(c)(2), and sections 403 through 405, will take effect

7 on October 1, 1993.

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