Union Calendar No. 87

103D CONGRESS

1ST SESSION H. R. 2010

[Report No. 103–155]

A BILL

To amend the National and Community Service Act

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

JUNE 24, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 87

103D CONGRESS

1ST SESSION H. R. 2010

[Report No. 103–155]

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.
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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.

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

JUNE 24, 1993

Additional sponsors: Mrs. CLAYTON, Mr. GLICKMAN, Mr. MATSUI, Mr.

NADLER, Mr. PICKLE, Mr. THOMPSON of Mississippi, Mr. WYNN, Mr.

STARK, Mr. MINETA, Mr. GEJDENSON, Ms. EDDIE BERNICE JOHNSON

of Texas, Mr. BARCIA of Michigan, Mr. BONIOR, Mr. CARDIN, Mr. CONYERS, Mr. DELLUMS, Mr. DINGELL, Mr. DIXON, Mr. EDWARDS of California, Mr. FORD of Tennessee, Mr. GEPHARDT, Mr. GIBBONS, Mr. KANJORSKI, Ms. KAPTUR, Mr. KLECZKA, Mr. LEHMAN, Mr. LEVIN, Mr.

MCCLOSKEY, Mr. MARKEY, Mr. MEEHAN, Mr. MOAKLEY, Mr. NATCHER,

Mr. NEAL of Massachusetts, Mr. OLVER, Mr. POMEROY, Ms. ROYBALALLARD, Mr. SABO, Mr. SCHUMER, Mr. SMITH of Iowa, Mr. TORRICELLI,

Mr. TUCKER, Mr. WYDEN, Mr. YATES, Mr. FINGERHUT, Mr. FROST, Mr.

DEFAZIO, Mr. KOPETSKI, Miss COLLINS of Michigan, Mr. DURBIN, Mr.

BISHOP, Mr. BROWN of California, Ms. BROWN of Florida, Mr.

CLYBURN, Mr. FOGLIETTA, Ms. FURSE, Mr. GUTIERREZ, Mr. HAMILTON, Mr. HASTINGS, Mr. HILLIARD, Ms. LONG, Ms. MCKINNEY, Mrs.

MEEK, Mr. NEAL of North Carolina, Ms. NORTON, Mr. PALLONE, Mr.

PASTOR, Mr. RANGEL, Mr. ROWLAND, Mr. RUSH, Mr. SARPALIUS, Mr.

BLACKWELL, Mr. BARCA of Wisconsin, Mr. BORSKI, Mr. FARR of California, Mr. HAMBURG, and Ms. MARGOLIES-MEZVINSKY

JUNE 24, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on May 6, 1993]

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.
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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 ‘‘Na5 tional Service Trust Act of 1993’’.

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

7 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.

Sec. 105. Public Lands Corps.

Sec. 106. Urban Youth Corps.

Subtitle B—Related Provisions

Sec. 111. Definitions.

Sec. 112. Authority to make State grants.

Sec. 113. Family and medical leave.

Sec. 114. Reports.

Sec. 115. Nondiscrimination.

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

Sec. 117. Nondisplacement.

Sec. 118. Evaluation.

Sec. 119. Engagement of participants.

Sec. 120. Contingent extension.

Sec. 121. Repeals.

TITLE II—ORGANIZATION

Sec. 201. State Commissions on National Service.

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

ACTION Agency.

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

TITLE III—REAUTHORIZATION

Subtitle A—National and Community Service Act of 1990

Sec. 301. Authorization of appropriations.
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Subtitle B—Domestic Volunteer Service Act of 1973

Sec. 311. Short title; references.

CHAPTER 1—VISTA AND OTHER ANTI-POVERTY PROGRAMS

Sec. 321. Purpose of the VISTA program.

Sec. 321A. Assistant Director for VISTA Program.

Sec. 322. Selection and assignment of VISTA volunteers.

Sec. 323. Terms and periods of service.

Sec. 324. Support for VISTA volunteers.

Sec. 325. Participation of younger and older persons.

Sec. 326. Literacy activities.

Sec. 327. Applications for assistance.

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

Sec. 329. University year for VISTA.

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

programs.

Sec. 331. Technical and financial assistance.

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

CHAPTER 2—NATIONAL SENIOR VOLUNTEER CORPS

Sec. 341. National Senior Volunteer Corps.

Sec. 342. The Retired and Senior Volunteer Program.

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

Sec. 344. Services under the Foster Grandparent Program.

Sec. 345. Stipends for low-income volunteers.

Sec. 346. Conditions of grants and contracts.

Sec. 347. Agreements with other Federal agencies.

Sec. 348. Minority group participation.

Sec. 349. Programs of national significance.

Sec. 350. Demonstration programs.

CHAPTER 3—ADMINISTRATION

Sec. 361. Purpose of agency.

Sec. 362. Authority of the Director.

Sec. 362A. Political activities.

Sec. 363. Compensation for volunteers.

Sec. 364. Repeal of report.

Sec. 365. Application of Federal law.

Sec. 366. Nondiscrimination provisions.

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

Sec. 368. Clarification of role of Inspector General.

Sec. 369. Copyright protection.

Sec. 370. Deposit requirement credit for service as a volunteer.

CHAPTER 4—AUTHORIZATION OF APPROPRIATIONS AND OTHER AMENDMENTS

Sec. 381. Authorization of appropriations for title I.

Sec. 382. Authorization of appropriations for title II.

Sec. 383. Authorization of appropriations for title IV.

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

Sec. 385. Repeal of authority.
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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 Com3 munity Service Act of 1990 (42 U.S.C. 12501) is amended

4 to read as follows:

5 ‘‘SEC. 2. FINDINGS AND PURPOSE.

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

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

8 pressing unmet human, educational, environmental,

9 and public safety needs.

10 ‘‘(2) Americans desire to affirm common respon11 sibilities and shared values that transcend race, reli12 gion, disability, or region.

13 ‘‘(3) The rising costs of post-secondary education

14 are putting higher education out of reach for an in15 creasing number of citizens.

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

17 communities and become better citizens through serv18 ice to the United States.
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1 ‘‘(5) Nonprofit organizations, local governments,

2 States, and the Federal Government are already sup3 porting a wide variety of national service programs

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

5 ‘‘(6) Residents of low-income communities, espe6 cially youths and young adults in these communities,

7 can be empowered through their service to help pro8 vide future community leadership.

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

10 ‘‘(1) meet the unmet human, educational, envi11 ronmental, and public safety needs of the United

12 States, without displacing existing workers;

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

14 the spirit of community throughout the United States;

15 ‘‘(3) expand educational opportunity by reward16 ing individuals who participate in national service

17 with an increased ability to pursue higher education

18 or job training;

19 ‘‘(4) encourage citizens of the United States, re20 gardless of age, income, or disability, to engage in

21 full-time or part-time national service;

22 ‘‘(5) reinvent government to eliminate duplica23 tion, support locally established initiatives, require

24 measurable goals for performance, and offer flexibility

25 in meeting those goals;
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1 ‘‘(6) expand and strengthen existing service pro2 grams with demonstrated experience in providing

3 structured service opportunities with visible benefits

4 to the participants and community;

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

6 infrastructure of Federal, State, and local programs

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

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

10 in which national service is performed.’’.

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

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

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

‘‘Sec. 2. Findings and purpose.’’.

15 TITLE I—PROGRAMS AND

16 RELATED PROVISIONS

17 Subtitle A—Programs

18 SEC. 101. FEDERAL INVESTMENT IN SUPPORT OF NATIONAL

19 SERVICE.

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

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

22 12501 et seq.) is amended—

23 (1) by redesignating subtitle C (42 U.S.C. 12653

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

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

3 (3) by redesignating sections 120 through 136 as

4 sections 199 through 199O, respectively.

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

6 the National and Community Service Act of 1990 (42

7 U.S.C. 12501 et seq.) is amended by inserting after subtitle

8 B the following new subtitle:

9 ‘‘Subtitle C—National Service Trust

10 Program

11 ‘‘PART I—INVESTMENT IN NATIONAL SERVICE

12 ‘‘SEC. 121. AUTHORITY TO PROVIDE ASSISTANCE AND AP13 PROVED NATIONAL SERVICE POSITIONS.

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

15 for National Service may make grants to States, subdivi16 sions of States, Indian tribes, public and private nonprofit

17 organizations, and institutions of higher education for the

18 purpose of assisting the recipients of the grants—

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

20 service programs, including summer programs, de21 scribed in section 122(a); and

22 ‘‘(2) to make grants in support of other national

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

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

2 Corporation may enter into a contract or cooperative agree3 ment with another Federal agency to support a national

4 service program carried out by the agency. The support pro5 vided by the Corporation pursuant to the contract or coop6 erative agreement may include the transfer to the Federal

7 agency of funds available to the Corporation under this sub8 title. A Federal agency receiving assistance under this sub9 section shall not be required to satisfy the matching funds

10 requirements specified in subsection (e). However, the

11 supplementation requirements specified in section 173 shall

12 apply with respect to the Federal national service programs

13 supported with such assistance. A Federal agency receiving

14 assistance under this subsection shall consult with the State

15 Commissions for those States in which projects will be con16 ducted in order to ensure that the projects do not duplicate

17 existing State or local programs.

18 ‘‘(c) PROVISION OF APPROVED NATIONAL SERVICE PO19 SITIONS.—As part of the provision of assistance under sub20 sections (a) and (b), the Corporation shall—

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

22 educational awards described in subtitle D for the

23 participants who serve in national service programs

24 carried out using such assistance; and
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1 ‘‘(2) deposit in the National Service Trust estab2 lished in section 145(a) an amount equal to the prod3 uct of—

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

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

7 service positions to be provided.

8 ‘‘(d) FIVE PERCENT LIMITATION ON ADMINISTRATIVE

9 COSTS.—

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

11 the amount of assistance provided to the original re12 cipient of a grant or transfer of assistance under sub13 section (a) or (b) for a fiscal year may be used to pay

14 for administrative costs incurred by—

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

16 ‘‘(B) national service programs carried out

17 or supported with the assistance.

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

19 rule prescribe the manner and extent to which—

20 ‘‘(A) assistance provided under subsection

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

22 costs; and

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

24 to cover administrative costs should be distrib25 uted between—
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1 ‘‘(i) the original recipient of the grant

2 or transfer of assistance under such sub3 section; and

4 ‘‘(ii) national service programs carried

5 out or supported with the assistance.

6 ‘‘(e) MATCHING FUNDS REQUIREMENTS.—

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

8 section 140, the Federal share of the cost of carrying

9 out a national service program that receives the as10 sistance under subsection (a), whether the assistance

11 is provided directly or as a subgrant from the origi12 nal recipient of the assistance, may not exceed 75 per13 cent of such cost.

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

16 service program, the program—

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

18 payment in cash or in kind, fairly evaluated, in19 cluding facilities, equipment, or services; and

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

21 State sources, local sources, or other Federal

22 sources (other than the use of funds made avail23 able under the national service laws).

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

25 whole or in part the requirements of paragraph (1)
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1 with respect to a national service program in any fis2 cal year if the Corporation determines that such a

3 waiver would be equitable due to a lack of available

4 financial resources at the local level.

5 ‘‘SEC. 122. TYPES OF NATIONAL SERVICE PROGRAMS ELIGI6 BLE FOR PROGRAM ASSISTANCE.

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

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

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

10 the assistance, directly or through subgrants to other enti11 ties, to carry out full- or part-time national service pro12 grams, including summer programs, that address unmet

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

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

15 may include the following types of national service pro16 grams:

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

18 unmet human, educational, environmental, or public

19 safety needs and promotes greater community unity

20 through the use of organized teams of participants of

21 varied social and economic backgrounds, skill levels,

22 physical and developmental capabilities, ages, ethnic

23 backgrounds, or genders.

24 ‘‘(2) A full-time, year-round youth corps pro25 gram or full-time summer youth corps program, such
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1 as a conservation corps or youth service corps (in2 cluding the Public Lands Corps established under the

3 Public Lands Corps Act of 1993, the Urban Youth

4 Corps established under section 106 of the National

5 Service Trust Act of 1993, and other conservation

6 corps or youth service corps that performs service on

7 Federal or other public lands or on Indian lands or

8 Hawaiian home lands), that—

9 ‘‘(A) undertakes meaningful service projects

10 with visible public benefits, including natural re11 source, urban renovation, or human services

12 projects;

13 ‘‘(B) includes as participants youths and

14 young adults between the ages of 16 and 25, in15 clusive, including out-of-school youths and other

16 disadvantaged youths (such as youths with lim17 ited basic skills, youths in foster care who are be18 coming too old for foster care, youths of limited

19 English proficiency, and homeless youths, and

20 youths with disabilities) who are between those

21 ages; and

22 ‘‘(C) provides those participants who are

23 youths and young adults with—

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

25 adult-supervised work experience, life skills,
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1 education, career guidance and counseling,

2 employment training, and support services;

3 and

4 ‘‘(ii) the opportunity to develop citi5 zenship values and skills through service to

6 their community and the United States.

7 ‘‘(3) A program that provides specialized train8 ing to individuals in service-learning and places the

9 individuals after such training in positions, includ10 ing positions as service-learning coordinators, to fa11 cilitate service-learning in programs eligible for fund12 ing under part I subtitle B.

13 ‘‘(4) A service program that is targeted at spe14 cific unmet human, educational, environmental, or

15 public safety needs and that—

16 ‘‘(A) recruits individuals with special skills

17 or provides specialized preservice training to en18 able participants to be placed individually or in

19 teams in positions in which the participants can

20 meet such unmet needs; and

21 ‘‘(B) if consistent with the purposes of the

22 program, brings participants together for addi23 tional training and other activities designed to

24 foster civic responsibility, increase the skills of
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1 participants, and improve the quality of the

2 service provided.

3 ‘‘(5) An individualized placement program that

4 includes regular group activities, such as leadership

5 training and special service projects.

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

7 provide substantial service in a community during

8 the school term and during summer or other vacation

9 periods through the use of—

10 ‘‘(A) students who are attending an institu11 tion of higher education, including students sup12 ported by work-study funds under part C of title

13 IV of the Higher Education Act of 1965 (42

14 U.S.C. 2751 et seq.);

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

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

17 such students and community residents.

18 ‘‘(7) A preprofessional training program in

19 which students enrolled in an institution of higher

20 education—

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

22 which may include classes containing service23 learning;

24 ‘‘(B) perform service related to such train25 ing outside the classroom during the school term
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1 and during summer or other vacation periods;

2 and

3 ‘‘(C) agree to provide service upon gradua4 tion to meet unmet human, educational, environ5 mental, or public safety needs related to such

6 training.

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

8 trains, and places qualified participants in posi9 tions—

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

11 early childhood development staff, or other pro12 fessionals providing service to meet educational,

13 human, environmental, or public safety needs in

14 communities with an inadequate number of such

15 professionals;

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

17 the maximum living allowance authorized in

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

19 subsection (c) of such section; and

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

21 nonprofit employers who agree to pay 100 per22 cent of the salaries and benefits (other than any

23 national service educational award under sub24 title D) of the participants.
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1 ‘‘(9) A program in which economically disadvan2 taged individuals (including individuals with disabil3 ities) who are between the ages of 16 and 25 years of

4 age, inclusive, are provided with opportunities to per5 form service that, while enabling such individuals to

6 obtain the education and employment skills necessary

7 to achieve economic self-sufficiency, will help their

8 communities meet—

9 ‘‘(A) the housing needs of low-income fami10 lies and the homeless; and

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

12 low-income areas.

13 ‘‘(10) A national service entrepreneur program

14 that identifies, recruits, and trains gifted young

15 adults of all backgrounds and assists them in design16 ing solutions to community problems.

17 ‘‘(11) An intergenerational program that com18 bines students, out-of-school youths, and older adults

19 as participants to provide needed community services,

20 including an intergenerational component for other

21 national service programs described in this sub22 section.

23 ‘‘(12) A program that is administered by a com24 bination of nonprofit organizations located in a low25 income area, provides a broad range of services to
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1 residents of such area, is governed by a board com2 posed in significant part of low-income individuals,

3 and is intended to provide opportunities for individ4 uals or teams of individuals to engage in community

5 projects in such area that meet unaddressed commu6 nity and individual needs, including projects that

7 would—

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

9 and youth aged 18 and younger, such as provid10 ing after-school ‘safe-places’ with opportunities

11 for learning and recreation; or

12 ‘‘(B) be directed to other important

13 unaddressed needs in such area.

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

15 meet the needs of rural communities, using teams or

16 individual placements to address the development

17 needs of rural communities and to combat rural pov18 erty, including health care, education, and job train19 ing.

20 ‘‘(14) Such other national service programs ad21 dressing unmet human, educational, environmental,

22 or public safety needs as the Corporation may des23 ignate.

24 ‘‘(b) QUALIFICATION CRITERIA TO DETERMINE ELIGI25 BILITY.—
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1 ‘‘(1) ESTABLISHMENT BY CORPORATION.—The

2 Corporation shall establish qualification criteria for

3 different types of national service programs for the

4 purpose of determining whether a particular national

5 service program should be considered to be a national

6 service program eligible to receive assistance or ap7 proved national service positions under this subtitle.

8 ‘‘(2) CONSULTATION.—In establishing qualifica9 tion criteria under paragraph (1), the Corporation

10 shall consult with organizations and individuals with

11 extensive experience in developing and administering

12 effective national service programs or regarding the

13 delivery of human, educational, environmental, or

14 public safety services to communities or persons.

15 ‘‘(3) APPLICATION TO SUBGRANTS.—The quali16 fication criteria established by the Corporation under

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

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

19 of the assistance to conduct a grant program to sup20 port other national service programs.

21 ‘‘(4) ENCOURAGEMENT OF INTERGENERATIONAL

22 COMPONENTS OF PROGRAMS.—The Corporation shall

23 encourage national service programs eligible to receive

24 assistance or approved national service positions

25 under this subtitle to establish, if consistent with the
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1 purposes of the program, an intergenerational compo2 nent of the program that combines students, out-of3 school youths, and older adults as participants to pro4 vide services to address unmet human, educational,

5 environmental, or public safety needs.

6 ‘‘(c) NATIONAL SERVICE PRIORITIES.—

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

8 order to concentrate national efforts on meeting cer9 tain unmet human, educational, environmental, or

10 public safety needs and to achieve the other purposes

11 of this Act, the Corporation may establish, and peri12 odically alter, priorities regarding the types of na13 tional service programs to be assisted under section

14 121 and the purposes for which such assistance may

15 be used.

16 ‘‘(2) NOTICE TO APPLICANTS.—The Corporation

17 shall provide advance notice to potential applicants of

18 any national service priorities to be in effect under

19 this subsection for a fiscal year. The notice shall spe20 cifically include—

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

22 in the priorities since the previous notice; and

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

24 programs that are designated by the Corporation

25 under section 133(d)(2) as eligible for priority
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1 consideration in the next competitive distribu2 tion of assistance under section 121(a).

3 ‘‘(3) APPLICATION TO SUBGRANTS.—Any na4 tional service priorities established by the Corporation

5 under this subsection shall also be used by each recip6 ient of funds under section 121(a) that uses any por7 tion of the assistance to conduct a grant program to

8 support other national service programs.

9 ‘‘SEC. 123. TYPES OF NATIONAL SERVICE POSITIONS ELIGI10 BLE FOR APPROVAL FOR NATIONAL SERVICE

11 EDUCATIONAL AWARDS.

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

13 service positions as an approved national service position

14 that includes the national service educational award de15 scribed in subtitle D as one of the benefits to be provided

16 for successful service in the position:

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

18 service program described in section 122(a) that re19 ceives assistance under subsection (a) or (b) of section

20 121.

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

22 that—

23 ‘‘(A) is carried out by a State, a subdivi24 sion of a State, an Indian tribe, a public or pri-
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1 vate nonprofit organization, an institution of

2 higher education, or a Federal agency; and

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

4 under section 121(a), based on criteria estab5 lished by the Corporation, but has not applied

6 for such assistance.

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

8 volunteer under title I of the Domestic Volunteer

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

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

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

12 for assistance under part I of subtitle B.

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

14 Community Corps under subtitle E.

15 ‘‘(6) A position involving service as a crew lead16 er in a youth corps program or a similar position

17 supporting a national service program that receives

18 an approved national service position.

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

20 Corporation considers to be appropriate.

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

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

23 provide assistance under section 121 to a qualified appli24 cant that submits an application under section 130 for the

25 planning of a national service program. Assistance pro-
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1 vided in accordance with this subsection may cover a period

2 of not more than 1 year.

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

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

6 the establishment, operation, or expansion of a national

7 service program. Assistance provided in accordance with

8 this subsection may cover a period of not more than 3 years,

9 but may be renewed by the Corporation upon consideration

10 of a new application under section 130.

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

12 may provide assistance under section 121 to a qualified ap13 plicant that submits an application under section 130 for

14 the expansion of a proven national service program to an15 other geographical location. Assistance provided in accord16 ance with this subsection may cover a period of not more

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

18 consideration of a new application under section 130.

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

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

21 receiving assistance under section 121 that proposes to con22 duct a grant program using the assistance to support other

23 national service programs.
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1 ‘‘SEC. 125. TRAINING AND TECHNICAL ASSISTANCE.

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

3 conduct, directly or by grant or contract, appropriate train4 ing programs regarding national service in order to—

5 ‘‘(1) improve the ability of national service pro6 grams assisted under section 121 to meet human, edu7 cational, environmental, or public safety needs in

8 communities—

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

10 ‘‘(B) where programs do not currently exist

11 or are currently too limited to meet community

12 needs;

13 ‘‘(2) promote leadership development in such

14 programs;

15 ‘‘(3) improve the instructional and pro16 grammatic quality of such programs to build an ethic

17 of civic responsibility;

18 ‘‘(4) develop the management and budgetary

19 skills of program operators; and

20 ‘‘(5) provide for or improve the training pro21 vided to the participants in such programs.

22 ‘‘(b) TECHNICAL ASSISTANCE.—The Corporation shall

23 make appropriate technical assistance available to States,

24 subdivisions of States, Federal agencies, Indian tribes, pub25 lic and private nonprofit organizations, and institutions of

26 higher education that desire—
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1 ‘‘(1) to develop national service programs; or

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

3 or under a grant program conducted using assistance

4 provided under such section.

5 ‘‘SEC. 126. OTHER SPECIAL ASSISTANCE.

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

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

8 appropriated to carry out this subtitle in each fiscal

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

10 the Corporation to make assistance available to assist

11 a State to establish or operate the State Commission

12 on National Service required to be established by the

13 State under section 178.

14 ‘‘(2) AMOUNT OF ASSISTANCE.—Except as pro15 vided in paragraph (3), the amount of assistance that

16 may be provided to a State Commission under this

17 subsection, together with other Federal funds available

18 to establish or operate the State Commission, may not

19 exceed—

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

21 or operate the State Commission for the first

22 year for which the State Commission receives as23 sistance under this subsection; and

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

25 the Corporation may establish for the second,
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1 third, and fourth years of such assistance in

2 order to ensure that the Federal share does not

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

4 and any subsequent year, for which the State

5 Commission receives assistance under this sub6 section.

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

8 total amount of assistance that may be provided to a

9 State Commission under this subsection for a year

10 may not exceed $500,000.

11 ‘‘(b) DISASTER SERVICE.—The Corporation may un12 dertake activities to involve youth corps programs described

13 in section 122(a)(2) and other programs that receive assist14 ance under the national service laws in relief efforts in re15 sponse to an emergency or major disaster declared by the

16 President under the Robert T. Stafford Disaster Relief and

17 Emergency Assistance Act (42 U.S.C. 5121 et seq.).

18 ‘‘(c) CHALLENGE GRANTS FOR NATIONAL SERVICE

19 PROGRAMS.—

20 ‘‘(1) ASSISTANCE AUTHORIZED.—The Corpora21 tion may make challenge grants under this subsection

22 to a national service program that receives assistance

23 under section 121. The Corporation shall develop cri24 teria for the selection of challenge grant recipients so

25 as to make the grants widely available to a variety
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1 of high-quality national service programs with dem2 onstrated experience in providing service opportuni3 ties with visible benefits to the participants and to the

4 community served.

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

6 grant under this subsection may provide not more

7 than $1 of assistance under this subsection for each

8 $1 in cash raised by the national service program

9 from private sources in excess of amounts required to

10 be provided by the program to satisfy matching funds

11 requirements under section 121(e). The Corporation

12 shall establish a ceiling on the amount of assistance

13 that may be provided to a national service program

14 under this subsection.

15 ‘‘PART II—APPLICATION AND APPROVAL

16 PROCESS

17 ‘‘SEC. 129. PROVISION OF ASSISTANCE AND APPROVED NA18 TIONAL SERVICE POSITIONS BY COMPETI19 TIVE AND OTHER MEANS.

20 ‘‘(a) ALLOTMENTS OF ASSISTANCE AND APPROVED PO21 SITIONS TO STATES AND INDIAN TRIBES.—

‘‘(1) 331 22 ⁄3 PERCENT ALLOTMENT OF ASSISTANCE

23 TO CERTAIN STATES.—Of the funds allocated by the

24 Corporation for provision of assistance under sub25 sections (a) and (b) of section 121 for a fiscal year,
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1 the Corporation shall make a grant under section

2 121(a) (and a corresponding allotment of approved

3 national service positions) to each of the several

4 States, the District of Columbia, and the Common5 wealth of Puerto Rico that has an application ap6 proved by the Corporation under section 133. The

7 amount allotted as a grant to each such State under

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

amount that bears the same ratio to 331 9 ⁄3 percent of

10 the allocated funds for that fiscal year as the popu11 lation of the State bears to the total population of the

12 several States, the District of Columbia, and the Com13 monwealth of Puerto Rico.

14 ‘‘(2) ONE PERCENT ALLOTMENT FOR CERTAIN

15 TERRITORIES AND POSSESSIONS.—Of the funds allo16 cated by the Corporation for provision of assistance

17 under subsections (a) and (b) of section 121 for a fis18 cal year, the Corporation shall reserve 1 percent of the

19 allocated funds for grants under section 121(a) to the

20 Virgin Islands of the United States, Guam, American

21 Samoa, and the Commonwealth of the Northern Mari22 ana Islands upon approval of an application by the

23 Corporation under section 133. Palau shall also be el24 igible for a grant under this paragraph from the al25 lotment until such time as the Compact of Free Asso-
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1 ciation with Palau is ratified. The amount allotted as

2 a grant to each such territory or possession under this

3 paragraph for a fiscal year shall be equal to the

4 amount that bears the same ratio to 1 percent of the

5 allocated funds for that fiscal year as the population

6 of the territory or possession bears to the total popu7 lation of such territories and possessions.

8 ‘‘(3) ONE PERCENT ALLOTMENT FOR INDIAN

9 TRIBES.—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 reserve 1 percent of the allocated funds for

13 grants under section 121(a) to Indian tribes, to be al14 lotted by the Corporation on a competitive basis in

15 accordance with their respective needs.

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

17 or Indian tribe fails to apply for, or fails to give no18 tice to the Corporation of its intent to apply for, an

19 allotment under this subsection, the Corporation shall

20 use the amount that would have been allotted under

21 this subsection to the State or Indian tribe—

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

23 national service positions in connection with

24 such grants) to other eligible entities under sec25 tion 121 that propose to carry out national serv-
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1 ice programs in the State or on behalf of the In2 dian tribe; and

3 ‘‘(B) after making grants under paragraph

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

5 Indian tribes with approved applications under

6 section 130.

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

8 Corporation shall ensure that each individual selected dur9 ing a fiscal year for assignment as a VISTA volunteer

10 under title I of the Domestic Volunteer Service Act of 1973

11 (42 U.S.C. 4951 et seq.) or as a participant in the Civilian

12 Community Corps Demonstration Program under subtitle

13 E shall receive the national service educational award de14 scribed in subtitle D if the individual satisfies the eligibility

15 requirements for the award. Funds for approved national

16 service positions required by this paragraph for a fiscal

17 year shall be deducted from the total funding for approved

18 national service positions to be available for distribution

19 under subsections (a) and (d) for that fiscal year.

20 ‘‘(c) RESERVATION FOR SPECIAL ASSISTANCE.—Of the

21 funds appropriated under section 501(a)(2), and subject to

22 the limitation in that section, the Corporation may reserve

23 such amount as the Corporation considers to be appropriate

24 for the purpose of making assistance available under sec25 tions 125 and 126. However, the Corporation may not re-
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1 serve more than $10,000,000 for a fiscal year for challenge

2 grants under section 126(c).

3 ‘‘(d) COMPETITIVE DISTRIBUTION OF REMAINING

4 FUNDS AND APPROVED POSITIONS.—

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

7 under subsections (a) and (b) of section 121 for a fiscal year, the Corporation shall use not less than 331 8 ⁄3

9 percent of the allocated funds to make grants to States

10 on a competitive basis under section 121(a).

11 ‘‘(2) FEDERAL AGENCIES AND OTHER APPLI12 CANTS.—The Corporation shall distribute on a com13 petitive basis to subdivisions of States, Indian tribes,

14 public and private nonprofit organizations (including

15 labor organizations), institutions of higher education,

16 and Federal agencies the remainder of the funds allo17 cated by the Corporation for provision of assistance

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

19 paragraph (1) and subsections (a) and (c). However,

the Corporation may not provide more than 1 20 ⁄3 of the

21 funds available for competitive distribution under this

22 paragraph for a fiscal year to Federal agencies under

23 section 121(b).

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

25 the categories of eligible applicants for assistance
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1 under paragraph (2) consistent with the priorities es2 tablished by the Corporation under section 133(d)(2).

3 ‘‘(e) APPLICATION REQUIRED.—The allotment of as4 sistance and approved national service positions to a State

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

6 distribution of assistance and approved national service po7 sitions under subsection (d), shall be made by the Corpora8 tion only pursuant to an application submitted by a State

9 or other applicant under section 130 and approved by the

10 Corporation under section 133.

11 ‘‘(f) DISTRIBUTION OF APPROVED POSITIONS SUBJECT

12 TO AVAILABLE FUNDS.—The Corporation may not distrib13 ute approved national service positions under this section

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

15 for which the Corporation has sufficient available funds in

16 the National Service Trust for that fiscal year to satisfy

17 the maximum possible obligations to be incurred by the

18 United States to provide the national service educational

19 award corresponding to service in these positions.

20 ‘‘(g) SPONSORSHIP OF APPROVED NATIONAL SERVICE

21 POSITIONS.—

22 ‘‘(1) SPONSORSHIP AUTHORIZED.—The Corpora23 tion may enter into agreements with persons or enti24 ties who offer to sponsor national service positions for

25 which the person or entity will be responsible for sup-
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1 plying the funds necessary to provide a national serv2 ice educational award. The distribution of these ap3 proved national service positions shall be made pur4 suant to the agreement, and the creation of these posi5 tions shall not be taken into consideration in deter6 mining the number of approved national service posi7 tions to be available for distribution under this sec8 tion.

9 ‘‘(2) DEPOSIT OF CONTRIBUTION.—Funds pro10 vided pursuant to an agreement under paragraph (1)

11 and any other funds contributed to the Corporation

12 to support the activities of the Corporation under the

13 national service laws shall be deposited in the Na14 tional Service Trust established in section 145 until

15 such time as the funds are needed.

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

17 NATIONAL SERVICE POSITIONS.

18 ‘‘(a) TIME, MANNER, AND CONTENT OF APPLICA19 TION.—To be eligible to receive assistance under section 121

20 and approved national service positions for participants

21 who serve in the national service programs to be carried

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

23 Indian tribe, public or private nonprofit organization, in24 stitution of higher education, or Federal agency shall pre25 pare and submit to the Corporation an application at such
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1 time, in such manner, and containing such information as

2 the Corporation may reasonably require.

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

4 to have adequate information upon which to consider an

5 application under section 133, the Corporation may require

6 the following information to be provided in an application

7 submitted under subsection (a):

8 ‘‘(1) A description of the national service pro9 grams proposed to be carried out directly by the ap10 plicant using assistance provided under section 121.

11 ‘‘(2) A description of the national service pro12 grams that are selected by the applicant to receive a

13 grant from assistance requested under section 121 and

14 a description of the process and criteria by which the

15 programs were selected, unless such a process conflicts

16 with State or local law, regulation, or policy.

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

18 used, or sought to be used, for the national service

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

20 if the application is submitted for the purpose of seek21 ing a renewal of assistance, a description of the suc22 cess of the programs in not increasing their reliance

23 on funds provided under this Act.

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

25 projects to be conducted using the assistance will ad-
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1 dress unmet human, educational, environmental, or

2 public safety needs and produce a direct benefit for

3 the community in which the projects are performed.

4 ‘‘(5) A description of the plan to be used to re5 cruit participants, including youth with disabilities

6 and economically disadvantaged youth, for the na7 tional service programs referred to in paragraphs (1)

8 and (2).

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

10 national service programs referred to in paragraphs

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

12 Federal programs.

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

14 national service programs referred to in paragraphs

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

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

17 responsibility and produce a positive change in

18 the lives of participants through training and

19 participation in meaningful service experiences

20 and opportunities for reflection on such experi21 ences; and

22 ‘‘(B) in leadership positions in implement23 ing and evaluating the program.
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1 ‘‘(8) Measurable goals for the national service

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

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

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

5 unmet human, educational, environmental, or

6 public safety needs; and

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

8 participants in the programs.

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

10 which the national service programs referred to in

11 paragraphs (1) and (2) conform to the national serv12 ice priorities established by the Corporation under

13 section 122(c).

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

15 applicant in operating a comparable program or in

16 conducting a grant program in support of other com17 parable service programs.

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

19 proposed service positions in which participants will

20 receive the national service educational award de21 scribed in subtitle D and a description of the manner

22 in which approved national service positions will be

23 apportioned by the applicant.

24 ‘‘(12) A description of the manner and extent to

25 which participants, representatives of the community
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1 served, community-based agencies with a dem2 onstrated record of experience in providing services,

3 and labor organizations contributed to the develop4 ment of the national service programs referred to in

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

6 individual representing each appropriate labor orga7 nization (if any) who was consulted and the nature

8 of the consultation.

9 ‘‘(13) Such other information as the Corporation

10 may reasonably require.

11 ‘‘(c) APPLICATION TO RECEIVE ONLY APPROVED NA12 TIONAL SERVICE POSITIONS.—

13 ‘‘(1) APPLICABILITY OF SUBSECTION.—This sub14 section shall apply in the case of an application in

15 which—

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

17 under subsection (a) or (b) of section 121, but re18 quests national service educational awards for

19 individuals serving in service positions described

20 in section 123; or

21 ‘‘(B) the applicant requests national service

22 educational awards for service positions de23 scribed in section 123, but the positions are not

24 positions in a national service program de25 scribed in section 122(a) for which assistance
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1 may be provided under subsection (a) or (b) of

2 section 121.

3 ‘‘(2) SPECIAL APPLICATION REQUIREMENTS.—

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

5 Corporation shall establish special application re6 quirements in order to determine—

7 ‘‘(A) whether the service positions meet

8 unmet human, educational, environmental, or

9 public safety needs and meet the criteria for as10 sistance under this subtitle; and

11 ‘‘(B) whether the Corporation should ap12 prove the positions as approved national service

13 positions that include the national service edu14 cational award described in subtitle D as one of

15 the benefits to be provided for successful service

16 in the position.

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

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

19 application of a State for approved national service

20 positions or for a grant under section 121(a) shall be

21 submitted by the State Commission.

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

23 of a State shall contain an assurance that all assist24 ance provided under section 121(a) to the State will

25 be used to support national service programs that
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1 were selected by the State on a competitive basis. In

2 making such competitive selections, the State shall

3 seek to ensure the equitable allocation within the

4 State of assistance and approved national service po5 sitions provided under this subtitle to the State tak6 ing into consideration such factors as the location of

7 the programs applying to the State, population den8 sity, and economic distress.

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

10 application of a State shall also contain an assurance

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

12 used to make grants in support of national service

13 programs other than national service programs car14 ried out by a State agency. The Corporation may

15 permit a State to deviate from the percentage speci16 fied by this subsection if the State has not received a

17 sufficient number of acceptable applications to com18 ply with the percentage.

19 ‘‘(e) SPECIAL RULE FOR CERTAIN APPLICANTS.—

20 ‘‘(1) WRITTEN CONCURRENCE.—In the case of a

21 program applicant that proposes to also serve as the

22 service sponsor, the application shall include the writ23 ten concurrence of any local labor organization rep24 resenting employees of the service sponsor who are en-
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1 gaged in the same or substantially similar work as

2 that proposed to be carried out.

3 ‘‘(2) PROGRAM APPLICANT DEFINED.—For pur4 poses of this subsection, the term ‘program applicant’

5 means—

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

7 tribe, public or private nonprofit organization,

8 institution of higher education, or Federal agen9 cy submitting an application under this section;

10 or

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

12 approved national service positions through a

13 grant program conducted using assistance pro14 vided to a State, subdivision of a State, Indian

15 tribe, public or private nonprofit organization,

16 institution of higher education, or Federal agen17 cy under section 121.

18 ‘‘(f) LIMITATION ON SAME PROJECT IN MULTIPLE AP19 PLICATIONS.—The Corporation shall reject an application

20 submitted under this section if a project proposed to be con21 ducted using assistance requested by the applicant is al22 ready described in another application pending before the

23 Corporation.
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1 ‘‘SEC. 131. NATIONAL SERVICE PROGRAM ASSISTANCE

2 REQUIREMENTS.

3 ‘‘(a) IMPACT ON COMMUNITIES.—An application sub4 mitted under section 130 shall include an assurance by the

5 applicant that any national service program carried out

6 by the applicant using assistance provided under section

7 121 and any national service program supported by a grant

8 made by the applicant using such assistance will—

9 ‘‘(1) address unmet human, educational, envi10 ronmental, or public safety needs through services

11 that provide a direct benefit to the community in

12 which the service is performed; and

13 ‘‘(2) comply with the nonduplication and

14 nondisplacement requirements of section 177.

15 ‘‘(b) IMPACT ON PARTICIPANTS.—An application sub16 mitted under section 130 shall also include an assurance

17 by the applicant that any national service program carried

18 out by the applicant using assistance provided under sec19 tion 121 and any national service program supported by

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

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

22 program with the training, skills, and knowledge nec23 essary for the projects that participants are called

24 upon to perform; and
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1 ‘‘(2) provide support services to participants,

2 such as the provision of appropriate information and

3 support—

4 ‘‘(A) to those participants who are complet5 ing a term of service and making the transition

6 to other educational and career opportunities;

7 and

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

9 dropouts in order to assist those participants in

10 earning the equivalent of a high school diploma.

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

12 under section 130 shall also include an assurance by the

13 applicant that any national service program carried out

14 by the applicant using assistance provided under section

15 121 and any national service program supported by a grant

16 made by the applicant using such assistance will—

17 ‘‘(1) provide in the design, recruitment, and op18 eration of the program for broad-based input from—

19 ‘‘(A) the community served and potential

20 participants in the program; and

21 ‘‘(B) community-based agencies with a dem22 onstrated record of experience in providing serv23 ices and local labor organizations representing

24 employees of service sponsors, if these entities

25 exist in the area to be served by the program;
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1 ‘‘(2) prior to the placement of participants, con2 sult with any local labor organization representing

3 employees in the area who are engaged in the same

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

5 such program to ensure compliance with the

6 nondisplacement requirements specified in section

7 177; and

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

9 through a State, consult with and coordinate activi10 ties with the State Commission for the State in which

11 the program operates.

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

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

14 under section 130 shall also include an assurance by

15 the applicant that the applicant will—

16 ‘‘(A) arrange for an independent evaluation

17 of any national service program carried out

18 using assistance provided to the applicant under

19 section 121 or, with the approval of the Corpora20 tion, conduct an internal evaluation of the pro21 gram;

22 ‘‘(B) apply measurable performance goals

23 and evaluation methods (such as the use of sur24 veys of participants and persons served), which
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1 are to be used as part of such evaluation to de2 termine the impact of the program—

3 ‘‘(i) on communities and persons

4 served by the projects performed by the pro5 gram;

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

7 the projects; and

8 ‘‘(iii) in such other areas as the Cor9 poration may require; and

10 ‘‘(C) cooperate with any evaluation activi11 ties undertaken by the Corporation.

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

13 the Corporation shall develop evaluation criteria and

14 performance goals applicable to all national service

15 programs carried out with assistance provided under

16 section 121.

17 ‘‘(3) ALTERNATIVE EVALUATION REQUIRE18 MENTS.—The Corporation may establish alternative

19 evaluation requirements for national service programs

20 based upon the amount of assistance received under

21 section 121 or received by a grant made by a recipi22 ent of assistance under such section. The determina23 tion of whether a national service program is covered

24 by this paragraph shall be made in such manner as

25 the Corporation may prescribe.
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1 ‘‘(e) LIVING ALLOWANCES AND OTHER INSERVICE

2 BENEFITS.—Except as provided in section 140(c), an ap3 plication submitted under section 130 shall also include an

4 assurance by the applicant that the applicant will—

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

6 and other benefits specified in section 140 to partici7 pants in any national service program carried out by

8 the applicant using assistance provided under section

9 121; and

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

11 that receives a grant from the applicant using such

12 assistance will also provide a living allowance and

13 other benefits specified in section 140 to participants

14 in the program.

15 ‘‘(f) SELECTION OF PARTICIPANTS FROM INDIVIDUALS

16 RECRUITED BY CORPORATION OR STATE COMMISSIONS.—

17 The Corporation may also require an assurance by the ap18 plicant that any national service program carried out by

19 the applicant using assistance provided under section 121

20 and any national service program supported by a grant

21 made by the applicant using such assistance will select a

22 portion of the participants for the program from among

23 prospective participants recruited by the Corporation or

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

25 may specify a minimum percentage of participants to be
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1 selected from the national leadership pool established under

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

3 types of national service programs. In the case of programs

4 conducted by a State or subdivision of a State, the Corpora5 tion shall permit the State or subdivision to select only resi6 dents of that State if such a restrictive selection procedure

7 is necessary to comply with State or local law, regulation,

8 or policy.

9 ‘‘SEC. 132. INELIGIBLE SERVICE CATEGORIES.

10 ‘‘An application submitted to the Corporation under

11 section 130 shall include an assurance by the applicant that

12 any national service program carried out using assistance

13 provided under section 121 and any approved national

14 service position provided to an applicant will not be used

15 to perform service that provides a direct benefit to any—

16 ‘‘(1) business organized for profit;

17 ‘‘(2) labor union;

18 ‘‘(3) partisan political organization; or

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

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

22 give religious instruction, conduct worship services, or

23 engage in any form of proselytization.
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1 ‘‘SEC. 133. CONSIDERATION OF APPLICATIONS.

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

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

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

6 section 130 and provide assistance under section 121

7 to the applicant; and

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

9 application as national service positions that include

10 the national service educational award described in

11 subtitle D and provide such approved national service

12 positions to the applicant.

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

14 entity that uses assistance provided under section 121(a)

15 to support national service programs selected on a competi16 tive basis to receive a share of the assistance shall use the

17 criteria described in subsections (c) and (d) when consider18 ing an application submitted by a national service program

19 to receive a portion of such assistance or an approved na20 tional service position. The application of the State or other

21 entity under section 130 shall contain a certification that

22 the State or other entity complied with these criteria in the

23 selection of national service programs to receive assistance.

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

25 be applied in evaluating applications submitted under sec26 tion 130 are as follows:
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1 ‘‘(1) The quality of the national service program

2 proposed to be carried out directly by the applicant

3 or supported by a grant from the applicant.

4 ‘‘(2) The innovative aspects of the national serv5 ice program, and the feasibility of replicating the pro6 gram.

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 national

14 service program, the past performance of the program,

15 and the extent to which the program builds on exist16 ing programs.

17 ‘‘(5) The extent to which participants of the na18 tional service program are recruited from among resi19 dents of the communities in which projects are to be

20 conducted, and the extent to which participants and

21 community residents are involved in the design, lead22 ership, and operation of the program.

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

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

2 zones or redevelopment areas, targeted for special

3 economic incentives, or otherwise identifiable as

4 having high concentrations of low-income people;

5 ‘‘(B) areas that are environmentally dis6 tressed;

7 ‘‘(C) areas adversely affected by Federal ac8 tions related to the management of Federal lands

9 that result in significant regional job losses and

10 economic dislocation;

11 ‘‘(D) areas adversely affected by reductions

12 in defense spending or the closure or realignment

13 of military installations;

14 ‘‘(E) rural areas adversely affected by un15 fair trading practices of international competi16 tors of the United States; or

17 ‘‘(F) areas that have an unemployment rate

18 greater than the national average unemployment

19 for the most recent 12 months for which satisfac20 tory data are available.

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

22 the extent to which the application is consistent with

23 the application under section 130 of the State in

24 which the projects would be conducted.
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1 ‘‘(8) Such other criteria as the Corporation con2 siders to be appropriate.

3 ‘‘(d) OTHER CONSIDERATIONS.—

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

5 shall ensure that recipients of assistance provided

6 under section 121 are geographically diverse and in7 clude projects to be conducted in those urban and

8 rural areas in a State with the highest rates of pov9 erty.

10 ‘‘(2) PRIORITIES.—The Corporation may des11 ignate, under such criteria as may be established by

12 the Corporation, certain national service programs or

13 types of national service programs described in sec14 tion 122(a) for priority consideration in the competi15 tive distribution of funds under section 129(d)(2). In

16 designating national service programs to receive pri17 ority, the Corporation may include—

18 ‘‘(A) national service programs carried out

19 by another Federal agency;

20 ‘‘(B) national service programs that con21 form to the national service priorities in effect

22 under section 122(c);

23 ‘‘(C) innovative national service programs;

24 ‘‘(D) national service programs that are

25 well established in one or more States at the time
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1 of the application and are proposed to be ex2 panded to additional States using assistance

3 provided under section 121;

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

5 national service programs if the grant programs

6 are to be conducted by nonprofit organizations

7 with a demonstrated and extensive expertise in

8 the provision of services to meet human, edu9 cational, environmental, or public safety needs;

10 and

11 ‘‘(F) professional corps programs described

12 in section 122(a)(8).

13 ‘‘(e) EMPHASIS ON AREAS MOST IN NEED.—In mak14 ing assistance available under section 121 and in providing

15 approved national service positions under section 123, the

16 Corporation shall ensure that not less than 50 percent of

17 the total amount of assistance to be distributed to States

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

19 year are provided to carry out or support national service

20 programs and projects that—

21 ‘‘(1) are conducted in areas of economic distress

22 described in subsection (c)(6) or on Federal or other

23 public lands to address unmet human, educational,

24 environmental, or public safety needs in such areas;

25 and
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1 ‘‘(2) place a priority on the recruitment of par2 ticipants who are residents of areas of economic dis3 tress described in subsection (c)(6) or Federal or other

4 public lands.

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

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

7 the Corporation rejects an application submitted by a

8 State Commission under section 130 for funds de9 scribed in section 129(a)(1), the Corporation shall

10 promptly notify the State Commission of the reasons

11 for the rejection of the application.

12 ‘‘(2) RESUBMISSION AND RECONSIDERATION.—

13 The Corporation shall provide a State Commission

14 notified under paragraph (1) with a reasonable op15 portunity to revise and resubmit the application. At

16 the request of the State Commission, the Corporation

17 shall provide technical assistance to the State Com18 mission as part of the resubmission process. The Cor19 poration shall promptly reconsider an application re20 submitted under this paragraph.

21 ‘‘(3) REALLOTMENT.—The amount of any State’s

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

23 the Corporation determines will not be provided for

24 that fiscal year shall be available for distribution by
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1 the Corporation as provided in paragraph (4) of such

2 subsection.

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

4 NATIONAL SERVICE.

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

6 years after the date of the enactment of this section, the Cor7 poration shall arrange for the independent evaluation of the

8 operation of this subtitle to determine the levels of partici9 pation of economically disadvantaged individuals in na10 tional service programs carried out or supported using as11 sistance provided under section 121.

12 ‘‘(b) PERIOD COVERED BY EVALUATION.—The evalua13 tion required by this section shall cover the two-year period

14 beginning on the date the Corporation first makes a grant

15 under section 121.

16 ‘‘(c) INCOME LEVELS OF PARTICIPANTS.—The evaluat17 ing entity shall determine the total income of each partici18 pant who serves, during the period covered by the evalua19 tion, in a national service program carried out or sup20 ported using assistance provided under section 121 or in

21 an approved national service position. The total income of

22 a participant shall be determined as of the date the partici23 pant was first selected to participate and shall include fam24 ily total income unless the evaluating entity determines that

25 the participant was independent at the time of selection.
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1 ‘‘(d) ASSISTANCE FOR DISTRESSED AREAS.—The eval2 uating entity shall also determine the amount of assistance

3 provided under section 121 during the period covered by

4 the report that has been expended for projects conducted in

5 areas of economic distress described in section 133(c)(6).

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

7 report containing the results of the evaluation to the Presi8 dent, the Congress, the Corporation, and each State Com9 mission.

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

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

12 given that term in subsection (a) of the Higher Edu13 cation Act of 1965 (20 U.S.C. 1087vv).

14 ‘‘(2) The term ‘independent’ has the meaning

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

16 ‘‘PART III—NATIONAL SERVICE PARTICIPANTS

17 ‘‘SEC. 137. DESCRIPTION OF PARTICIPANTS.

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

19 individual shall be considered to be a participant in a na20 tional service program carried out using assistance pro21 vided under section 121 if the individual—

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

23 be established by the program;

24 ‘‘(2) is selected by the program to serve in a po25 sition with the program;
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1 ‘‘(3) will serve in the program for a term of serv2 ice specified in section 139 to be performed before,

3 during, or after attendance at an institution of higher

4 education;

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

6 individual begins the term of service;

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

8 equivalent, agrees to obtain a high school diploma or

9 its equivalent (unless this requirement is waived

10 based on an individual education assessment con11 ducted by the program) and the individual did not

12 drop out of an elementary or secondary school to en13 roll in the program, or is enrolled in an institution

14 of higher education on an ability to benefit basis and

15 is considered eligible for funds under section 484 of

16 the Higher Education Act of 1965 (20 U.S.C. 1091);

17 and

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

19 or lawful permanent resident alien of the United

20 States.

21 ‘‘(b) SPECIAL RULES FOR CERTAIN YOUTH PRO22 GRAMS.—An individual shall be considered to be a partici23 pant in a youth corps program described in section

24 122(a)(2) or a program described in section 122(a)(9) that
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1 is carried out with assistance provided under section 121(a)

2 if the individual—

3 ‘‘(1) satisfies the requirements specified in sub4 section (a), except paragraph (4) of such subsection;

5 and

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

7 at the time the individual begins the term of service.

8 ‘‘SEC. 138. SELECTION OF NATIONAL SERVICE PARTICI9 PANTS.

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

11 and (c) and section 131(f), the actual recruitment and selec12 tion of an individual to serve in a national service program

13 receiving assistance under section 121 or to fill an approved

14 national service position shall be conducted by the State,

15 subdivision of a State, Indian tribe, public or private non16 profit organization, institution of higher education, Federal

17 agency, or other entity to which the assistance and ap18 proved national service positions are provided.

19 ‘‘(b) NONDISCRIMINATION AND NONPOLITICAL SELEC20 TION OF PARTICIPANTS.—The recruitment and selection of

21 individuals to serve in national service programs receiving

22 assistance under section 121 or to fill approved national

23 service positions shall be consistent with the requirements

24 of section 175.
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1 ‘‘(c) SECOND TERM.—Acceptance into a national serv2 ice program to serve a second term of service under section

3 139 shall only be available to individuals who perform sat4 isfactorily in their first term of service.

5 ‘‘(d) RECRUITMENT AND PLACEMENT.—The Corpora6 tion and each State Commission shall establish a system

7 to recruit individuals who desire to perform national serv8 ice and to assist the placement of these individuals in ap9 proved national service positions, including positions avail10 able under titles I and II of the Domestic Volunteer Service

11 Act of 1973 (42 U.S.C. 4951 et seq.). The Corporation and

12 State Commissions shall disseminate information regarding

13 available approved national service positions through co14 operation with secondary schools, institutions of higher edu15 cation, employment service offices, vocational rehabilitation

16 agencies and other State offices that serve primarily people

17 with disabilities, and other appropriate entities, particu18 larly those organizations that provide outreach to disadvan19 taged youths and youths with disabilities.

20 ‘‘(e) NATIONAL LEADERSHIP POOL.—

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

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

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

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

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

5 selecting individuals to receive leadership training

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

8 the Peace Corps, as VISTA volunteers, as participants

9 in a program under title II of the Domestic Volunteer

10 Service Act of 1973 (42 U.S.C. 5000 et seq.), or as

11 participants in national service programs receiving

12 assistance under section 121, or who are honorably

13 discharged members of the Armed Forces of the Unit14 ed States.

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

16 that receives assistance under the national service

17 laws, the Corporation may assign an individual who

18 receives leadership training under paragraph (1) to

19 work with the program in a leadership position and

20 carry out assignments not otherwise performed by

21 regular participants. An individual assigned to a

22 program shall be considered to be a participant of the

23 program.

24 ‘‘(f) EVALUATION OF SERVICE.—The Chairperson shall

25 issue regulations regarding the manner and criteria by
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1 which the service of a participant shall be evaluated to de2 termine whether the service is satisfactory and successful

3 for purposes of eligibility for a second term of service or

4 a national service educational award.

5 ‘‘SEC. 139. TERMS OF SERVICE.

6 ‘‘(a) IN GENERAL.—As a condition of receiving a na7 tional service education award under subtitle D, a partici8 pant in an approved national service position shall be re9 quired to perform full- or part-time national service for at

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

11 ‘‘(b) TERM OF SERVICE.—

12 ‘‘(1) FULL-TIME SERVICE.—An individual per13 forming full-time national service in an approved na14 tional service position shall agree to participate in

15 the program sponsoring the position for not less than

16 1,700 hours during a period of not less than 9 months

17 and not more than 1 year.

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

19 in paragraph (3), an individual performing part20 time national service in an approved national service

21 position shall agree to participate in the program

22 sponsoring the position for not less than 1,700 hours

23 during a period of—

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

25 than 2 years; or
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1 ‘‘(B) not less than 1 year and not more

2 than 3 years if the individual is enrolled in an

3 institute of higher education while preforming

4 all or a portion of the service.

5 ‘‘(3) REDUCTION IN HOURS OF PART-TIME SERV6 ICE.—The Corporation may reduce the number of

7 hours required to be served to successfully complete

8 part-time national service to a level determined by

9 the Corporation, except that any reduction in the re10 quired term of service shall include a corresponding

11 reduction in the amount of any national service edu12 cational award that may be available under subtitle

13 D with regard to that service.

14 ‘‘(c) RELEASE FROM COMPLETING TERM OF SERV15 ICE.—

16 ‘‘(1) RELEASE AUTHORIZED.—A recipient of as17 sistance under section 121 or a program sponsoring

18 an approved national service position may release a

19 participant from completing a term of service in the

20 position—

21 ‘‘(A) for compelling personal circumstances

22 as demonstrated by the participant; or

23 ‘‘(B) for cause.

24 ‘‘(2) EFFECT OF RELEASE FOR COMPELLING CIR25 CUMSTANCES.—If a participant eligible for release
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1 under paragraph (1)(A) is serving in an approved

2 national service position, the recipient of assistance

3 under section 121 or a program sponsoring an ap4 proved national service position may elect—

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

6 the participant that portion of the national serv7 ice educational award corresponding to the por8 tion of the term of service actually completed, as

9 provided in section 147(b); or

10 ‘‘(B) to permit the participant to tempo11 rarily suspend performance of the term of service

12 for a period of up to 2 years (and such addi13 tional period as the Corporation may allow for

14 extenuating circumstances) and, upon comple15 tion of such period, to allow return to the pro16 gram with which the individual was serving in

17 order to complete the remainder of the term of

18 service and obtain the entire national service

19 educational award.

20 ‘‘(3) EFFECT OF RELEASE FOR CAUSE.—A par21 ticipant released for cause may not receive any por22 tion of the national service educational award.

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

24 PARTICIPANTS.

25 ‘‘(a) PROVISION OF LIVING ALLOWANCE.—
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1 ‘‘(1) LIVING ALLOWANCE REQUIRED.—Subject to

2 paragraph (3), a national service program carried

3 out using assistance provided under section 121 shall

4 provide to each participant in the program a living

5 allowance in an amount equal or greater than the av6 erage annual subsistence allowance provided to

7 VISTA volunteers under section 105 of the Domestic

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

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

10 amount of the annual living allowance provided

11 under paragraph (1) that may be paid using assist12 ance provided under section 121 and using any other

13 Federal funds shall not exceed 85 percent of the total

14 average annual provided to VISTA volunteers under

15 section 105 of the Domestic Volunteer Service Act of

16 1973 (42 U.S.C. 4955).

17 ‘‘(3) MAXIMUM LIVING ALLOWANCE.—Except as

18 provided in subsection (c), the total amount of an an19 nual living allowance that may be provided to a par20 ticipant in a national service program shall not ex21 ceed 200 percent of the average annual subsistence al22 lowance provided to VISTA volunteers under section

23 105 of the Domestic Volunteer Service Act of 1973 (42

24 U.S.C. 4955).
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1 ‘‘(4) PRORATION OF LIVING ALLOWANCE.—The

2 amount provided as a living allowance under this

3 subsection shall be prorated in the case of a partici4 pant who is authorized to serve a reduced term of

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

6 ‘‘(5) WAIVER OR REDUCTION OF LIVING ALLOW7 ANCE.—The Corporation may waive or reduce the re8 quirement of paragraph (1) with respect to such na9 tional service program if it is demonstrated that to

10 provide the living allowance required by such para11 graph would cause undue hardship to such program.

12 ‘‘(6) EVALUATION OF LIVING ALLOWANCE.—Not

13 later than 2 years after the effective date of this sub14 section, the Corporation shall arrange for an inde15 pendent evaluation to determine the levels of living

16 allowances paid in all programs under this subtitle,

17 individually, by State, and by region. Such evalua18 tion shall determine the effects that such living allow19 ances have had on the ability of individuals to par20 ticipate in such programs.

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

22 TAXES.—To the extent a national service program that re23 ceives assistance under section 121 is subject, with respect

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

25 on an employer under sections 3111 and 3301 of the Inter-
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1 nal Revenue Code of 1986 (26 U.S.C. 3111, 3301) and taxes

2 imposed on an employer under a workmen’s compensation

3 act, the assistance provided to the program under section

4 121 shall include an amount sufficient to cover 85 percent

5 of such taxes based upon the lesser of—

6 ‘‘(1) the total average annual subsistence allow7 ance provided to VISTA volunteers under section 105

8 of the Domestic Volunteer Service Act of 1973 (42

9 U.S.C. 4955); and

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

11 the program.

12 ‘‘(c) EXCEPTION FROM MAXIMUM LIVING ALLOWANCE

13 FOR CERTAIN ASSISTANCE.—A professional corps program

14 described in section 122(a)(8) that desires to provide or ar15 range for a living allowance in excess of the maximum al16 lowance authorized in subsection (a)(3) may still apply for

17 such assistance, except that—

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

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

20 portion of the allowance;

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

22 only by submitting an application to the Corporation

23 for assistance on a competitive basis; and

24 ‘‘(3) the national service program must be oper25 ated directly by the applicant and must meet urgent,
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1 unmet human, educational, environmental, or public

2 safety needs, as determined by the Corporation.

3 ‘‘(d) HEALTH INSURANCE.—

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

5 assistance under section 121 shall provide a basic

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

7 national service program carried out or supported

8 using the assistance if the participant is not other9 wise covered by a health care policy. Not more than

10 85 percent of the cost of a premium shall be provided

11 by the Corporation, with the remaining cost paid by

12 the entity receiving assistance under section 121. The

13 Corporation shall establish minimum standards that

14 all plans must meet in order to qualify for payment

15 under this part, any circumstances in which an alter16 native health care policy may be substituted for the

17 basic health care policy, and mechanisms to prohibit

18 participants from dropping existing coverage.

19 ‘‘(2) NEUTRALITY.—Section 909 of the Edu20 cation Amendments of 1972 (20 U.S.C. 1688) shall

21 apply with respect to the minimum health care stand22 ards established by the Corporation under paragraph

23 (1) and the basic health care policy to be provided to

24 full-time participants under such section. These

25 standards shall not apply to a recipient of assistance
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1 under section 121 or any national service program

2 carried out or supported using the assistance if the re3 cipient or program is controlled by a religious orga4 nization and application of the standards would not

5 be consistent with the religious tenets of the organiza6 tion.

7 ‘‘(e) CHILD CARE.—

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

9 of assistance under section 121 shall—

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

11 of each full-time participant who serves in a na12 tional service program carried out or supported

13 by the recipient using the assistance, including

14 individuals who need such child care in order to

15 participate in the program; or

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

17 full-time participant in a national service pro18 gram who needs such assistance in order to par19 ticipate in the program.

20 ‘‘(2) GUIDELINES.—The Corporation shall estab21 lish guidelines regarding the circumstances under

22 which child care must be made available under this

23 subsection and the value of any allowance to be pro24 vided.
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1 ‘‘(f) INDIVIDUALIZED SUPPORT SERVICES.—A State or

2 other recipient of assistance under section 121 shall provide

3 auxiliary aids and services based on the individualized need

4 of a participant who is a qualified individual with a dis5 ability.

6 ‘‘(g) WAIVER OF LIMITATION ON FEDERAL SHARE.—

7 The Corporation may waive in whole or in part the limita8 tion on the Federal share specified in this section with re9 spect to a particular national service program in any fiscal

10 year if the Corporation determines that such a waiver

11 would be equitable due to a lack of available financial re12 sources at the local level.

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

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

15 national service program carried out using assistance pro16 vided to an applicant under section 121 shall be eligible

17 for the national service educational award described in sub18 title D if the participant—

19 ‘‘(1) serves in an approved national service posi20 tion; and

21 ‘‘(2) satisfies the eligibility requirements speci22 fied in section 146 with respect to service in that ap23 proved national service position.

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

25 VISTA volunteer who serves in an approved national serv-
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1 ice position shall be ineligible for a national service edu2 cational award if the VISTA volunteer accepts the stipend

3 authorized under section 105(a)(1) of the Domestic Volun4 teer Service Act of 1973 (42 U.S.C. 4955(a)(1).’’.

5 (c) TABLE OF CONTENTS.—Section 1(b) of the Na6 tional and Community Service Act of 1990 (Public Law

7 101–610; 104 Stat. 3127) is amended—

8 (1) by striking the items relating to subtitle C of

9 title I of such Act and inserting the following new

10 items:

‘‘Subtitle C—National Service Trust Program

‘‘PART I—INVESTMENT IN NATIONAL SERVICE

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

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

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

service educational awards.

‘‘Sec. 124. Types of program assistance.

‘‘Sec. 125. Training and technical assistance.

‘‘Sec. 126. Other special assistance.

‘‘PART II—APPLICATION AND APPROVAL PROCESS

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

competitive and other means.

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

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

‘‘Sec. 132. Ineligible service categories.

‘‘Sec. 133. Consideration of applications.

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

‘‘PART III—NATIONAL SERVICE PARTICIPANTS

‘‘Sec. 137. Description of participants.

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

‘‘Sec. 139. Terms of service.

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

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

11 and
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1 (2) by inserting after the item relating to section

2 195O the following new items:

‘‘Subtitle I—American Conservation and Youth Corps

‘‘Sec. 199. Short title.

‘‘Sec. 199A. General authority.

‘‘Sec. 199B. Allocation of funds.

‘‘Sec. 199C. State application.

‘‘Sec. 199D. Focus of programs.

‘‘Sec. 199E. Related programs.

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

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

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

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

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

‘‘Sec. 199K. Use of volunteers.

‘‘Sec. 199L. Post-service benefits.

‘‘Sec. 199M. Living allowance.

‘‘Sec. 199N. Joint programs.

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

3 (d) LIVING ALLOWANCE UNDER SUBTITLE I.—Section

4 199M(a) of the National and Community Service Act of

5 1990 (former section 133(a) of such Act as redesignated in

6 subsection (a)(3) of this section) (42 U.S.C. 12553(a)) is

7 amended by striking paragraphs (1) and (2) and inserting

8 the following new paragraphs:

9 ‘‘(1) LIVING ALLOWANCE REQUIRED.—Subject to

10 paragraph (3), each participant in a full-time youth

11 corps program that receives assistance under this sub12 title shall receive a living allowance in an amount

13 equal or greater than the average annual subsistence

14 allowance provided to VISTA volunteers under section

15 105 of the Domestic Volunteer Service Act of 1973 (42

16 U.S.C. 4955).
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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 this subtitle, section 121, and

5 any other Federal funds shall not exceed 85 percent

6 of the total average annual subsistence allowance pro7 vided to VISTA volunteers under section 105 of the

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

9 4955).

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

11 amount of an annual living allowance that may be

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

13 program that receives assistance under this subtitle

14 shall not exceed 200 percent of the average annual

15 subsistence allowance provided to VISTA volunteers

16 under section 105 of the Domestic Volunteer Service

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

18 ‘‘(4) WAIVER OR REDUCTION OF LIVING ALLOW19 ANCE.—The Corporation may waive or reduce the re20 quirement of paragraph (1) with respect to such na21 tional service program if it is demonstrated that to

22 provide the living allowance required by such para23 graph would cause undue hardship to such program.

24 ‘‘(5) EVALUATION OF LIVING ALLOWANCE.—Not

25 later than 2 years after the effective date of this sub-
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1 section, the Corporation shall arrange for an inde2 pendent evaluation to determine the levels of living

3 allowances paid in all programs under this subtitle,

4 individually, by State, and by region. Such evalua5 tion shall determine the effects that such living allow6 ances have had on the ability of individuals to par7 ticipate in such programs.’’.

8 (e) TECHNICAL AND CONFORMING AMENDMENTS.—

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

10 National and Community Service Act of 1990 (as so

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

12 amended by striking ‘‘Commission’’ each place it ap13 pears in sections 199A, 199B, 199C, 199D, 199F,

14 199H, 199I, 199M, and 199N (as redesignated in sub15 section (a)(3) of this section) and inserting ‘‘Corpora16 tion’’.

17 (2) GENERAL AUTHORITY.—Section 199A of such

18 Act (as redesignated in subsection (a)(3) of this sec19 tion) (42 U.S.C. 12541) is amended—

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

21 (B) by striking ‘‘, to the Secretary of the In22 terior, or to the Director of ACTION’’ and in23 serting ‘‘or to the Secretary of the Interior’’.

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

25 redesignated in subsection (a)(3) of this section) (42
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1 U.S.C. 12542) is amended by striking ‘‘section 123’’

2 each place it appears and inserting ‘‘section 199C’’.

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

4 such Act (as redesignated in subsection (a)(3) of this

5 section) (42 U.S.C. 12543(a)) is amended by striking

6 ‘‘section 122(b)’’ and inserting ‘‘section 199B(b)’’.

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

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

9 (42 U.S.C. 12546(b)) is amended by striking ‘‘section

10 123’’ and inserting ‘‘section 199C’’.

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

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

13 (42 U.S.C. 12549) is amended by striking ‘‘section

14 123’’ and inserting ‘‘section 199C’’.

15 SEC. 102. NATIONAL SERVICE TRUST AND PROVISION OF

16 NATIONAL SERVICE EDUCATIONAL AWARDS.

17 (a) ESTABLISHMENT OF TRUST; PROVISION OF

18 AWARDS.—Subtitle D of title I of the National and Commu19 nity Service Act of 1990 (42 U.S.C. 12571 et seq.) is amend20 ed to read as follows:
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1 ‘‘Subtitle D—National Service Trust

2 and Provision of National Serv3 ice Educational Awards

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

5 TRUST.

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

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

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

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

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

12 Corporation may designate to be available for the

13 payment of—

14 ‘‘(A) national service educational awards;

15 and

16 ‘‘(B) interest expenses pursuant to section

17 148(e);

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

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

20 196(a)(2); and

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

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

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

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

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

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

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

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

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

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

10 price.

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

12 Trust shall be available for payments of national service

13 educational awards in accordance with section 148.

14 ‘‘(d) REPORTS TO CONGRESS ON RECEIPTS AND EX15 PENDITURES.—Not later than March 1 of each year, the

16 Corporation shall submit a report to the Congress on the

17 financial status of the Trust during the preceding fiscal

18 year. Such report shall—

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

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

22 or bequest during the period covered by the report,

23 and any amounts obtained by the Trust pursuant to

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

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

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

5 ability to claim national service educational awards

6 during the period covered by the report—

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

8 147(b); or

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

10 and

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

12 national service positions which the Corporation will

13 be able to make available under subtitle C on the

14 basis of any accumulated surplus in the Trust above

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

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

20 SERVICE EDUCATIONAL AWARD FROM THE

21 TRUST.

22 ‘‘(a) ELIGIBLE INDIVIDUALS.—An individual shall re23 ceive a national service educational award from the Na24 tional Service Trust if the individual—
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1 ‘‘(1) successfully completes the required term of

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

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

5 individual began serving in the approved national

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

7 in an approved national service position with a youth

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

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

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

11 equivalent of such diploma, at the time the individual

12 uses the national service educational award, unless

13 this requirement has been waived based on an indi14 vidual education assessment conducted by the pro15 gram; and

16 ‘‘(4) is a citizen or national of the United States

17 or lawful permanent resident alien of the United

18 States.

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

20 approved national service position shall not be less than

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

22 139(b).

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

24 FOR AWARDS.—Although an individual may serve more

25 than 2 terms of service described in subsection (b) in an
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1 approved national service position, the individual shall re2 ceive a national service educational award from the Na3 tional Service Trust only on the basis of the first and second

4 of such terms of service.

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

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

7 eligible to receive a national service educational

8 award under this section may not use such award

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

10 date the individual completes the term of service in

11 an approved national service position that is the

12 basis of the award.

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

14 the period within which an individual may use a na15 tional service educational award if the Corporation

16 determines that the individual—

17 ‘‘(A) was unavoidably prevented from using

18 the national service educational award during

19 the original 5-year period; or

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

21 an approved national service position during

22 that period.

23 ‘‘(e) SUSPENSION OF ELIGIBILITY FOR DRUG-RELAT24 ED OFFENSES.—
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1 ‘‘(1) IN GENERAL.—An individual who, after

2 qualifying under this section as an eligible individ3 ual, has been convicted under any Federal or State

4 law of the possession or sale of a controlled substance

5 shall not be eligible to receive a national service edu6 cational award during the period beginning on the

7 date of such conviction and ending after the interval

8 specified in the following table:

‘‘If convicted of:

The possession of a controlled substance: Ineligibility period is:

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

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

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

The sale of a controlled substance:

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

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

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

10 eligibility has been suspended under paragraph (1)

11 shall resume eligibility before the end of the period de12 termined under such paragraph if the individual sat13 isfactorily completes a drug rehabilitation program

14 that complies with such criteria as the Corporation

15 shall prescribe for purposes of this paragraph.

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

17 eligibility has been suspended under paragraph (1)

18 and is convicted of his or her first offense may resume

19 eligibility before the end of the period determined

20 under such paragraph if the student demonstrates

21 that he or she has enrolled or been accepted for enroll-
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1 ment in a drug rehabilitation program that complies

2 with such criteria as the Corporation shall prescribe

3 for purposes of this subsection.

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

5 the term ‘controlled substance’ has the meaning given

6 in section 102(6) of the Controlled Substances Act (21

7 U.S.C. 802(6)).

8 ‘‘(5) EFFECTIVE DATE.—This subsection shall be

9 effective upon publication by the Corporation in the

10 Federal Register of criteria prescribed under para11 graph (2) of this subsection.

12 ‘‘(f) AUTHORITY TO ESTABLISH DEMONSTRATION

13 PROGRAMS.—The Corporation may establish by regulation

14 demonstration programs for the creation and evaluation of

15 innovative volunteer and community service programs.

16 ‘‘SEC. 147. DETERMINATION OF THE AMOUNT OF THE NA17 TIONAL SERVICE EDUCATIONAL AWARD.

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

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

20 who successfully completes a required term of service in an

21 approved national service position shall receive a national

22 service educational award having a value equal to $5,000

23 for each of not more than 2 of such terms of service.

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

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

3 by the individual, the Corporation may provide the individ4 ual with that portion of the national service educational

5 award approved for the individual that corresponds to the

6 quantity of the term of service actually completed by the

7 individual.

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

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

11 available—

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

13 subsection (b);

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

15 at an institution of higher education in accordance

16 with subsection (c);

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

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

19 with subsection (d); and

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

21 regulations prescribed pursuant to subsection (e).

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

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

25 An eligible individual under section 146 who desires
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1 to apply his or her national service educational

2 award to the repayment of qualified student loans

3 shall submit, in a manner prescribed by the Corpora4 tion, an application to the Corporation that—

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

6 to identify readily, the holder or holders of such

7 loans;

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

9 to determine readily, the amounts of principal

10 and interest outstanding on the loans;

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

12 greater than the amount disbursed under para13 graph (2), which of the loans the individual pre14 fers to be paid by the Corporation; and

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

16 other information as the Corporation may re17 quire.

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

19 receipt of an application from an eligible individual

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

21 the Corporation shall, as promptly as practicable con22 sistent with paragraph (5), disburse the amount of

23 the national service educational award to which the

24 eligible individual is entitled. Such disbursement

25 shall be made by check or other means that is payable
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1 to the holder of the loan and requires the endorsement

2 or other certification by the eligible individual.

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

4 the amount disbursed under paragraph (2) is less

5 than the principal and accrued interest on any quali6 fied student loan, such amount shall be applied ac7 cording to the specified priorities of the individual.

8 ‘‘(4) REPORTS BY HOLDERS.—Any holder receiv9 ing a loan payment pursuant to this subsection shall

10 submit to the Corporation such information as the

11 Corporation may require to verify that such payment

12 was applied in accordance with this subsection and

13 any regulations prescribed to carry out this sub14 section.

15 ‘‘(5) NOTIFICATION OF INDIVIDUAL.—The Cor16 poration upon disbursing the national service edu17 cational award, shall notify the individual of the

18 amount paid for each outstanding loan and the date

19 of payment.

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

21 The Corporation may, by regulation, provide for the

22 aggregation of payments to holders under this sub23 section.
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1 ‘‘(7) DEFINITION OF QUALIFIED STUDENT

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

4 ‘‘(A) any loan made, insured, or guaranteed

5 pursuant to title IV of the Higher Education Act

6 of 1965 (20 U.S.C. 1070 et seq.), other than a

7 loan to a parent of a student pursuant to section

8 428B of such Act (20 U.S.C. 1078–2); and

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

10 or VIII of the Public Health Service Act (42

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

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

13 subsection, the term ‘holder’ with respect to any eligi14 ble loan means the original lender or, if the loan is

15 subsequently sold, transferred, or assigned to some

16 other person, and such other person acquires a legally

17 enforceable right to receive payments from the bor18 rower, such other person.

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

20 EDUCATIONAL EXPENSES.—

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

22 An eligible individual under section 146 who desires

23 to apply his or her national service educational

24 award to the payment of current full-time or part25 time educational expenses shall, on a form prescribed
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1 by the Corporation, submit an application to the in2 stitution of higher education in which the student will

3 be enrolled that contains such information as the Cor4 poration may require to verify the individual’s eligi5 bility.

6 ‘‘(2) SUBMISSION OF REQUESTS FOR PAYMENT

7 BY INSTITUTIONS.—An institution of higher education

8 that receives one or more applications that comply

9 with paragraph (1) shall submit to the Corporation

10 a statement, in a manner prescribed by the Corpora11 tion, that—

12 ‘‘(A) identifies each eligible individual fil13 ing an application under paragraph (1) for a

14 disbursement of the individual’s national service

15 educational award under this subsection;

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

17 eligible individuals are, consistent with para18 graph (6), qualified for disbursement under this

19 subsection;

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

21 higher education has in effect a program partici22 pation agreement under section 487 of the High23 er Education Act of 1965 (20 U.S.C. 1094), and

24 (ii) the institution’s eligibility to participate in

25 any of the programs under title IV of such Act
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1 (20 U.S.C. 1070 et seq.) has not been limited,

2 suspended, or terminated; and

3 ‘‘(D) contains such provisions concerning fi4 nancial compliance as the Corporation may re5 quire.

6 ‘‘(3) DISBURSEMENT OF PAYMENTS.—Upon re7 ceipt of a statement from an institution of higher

8 education that complies with paragraph (2), the Cor9 poration shall, subject to paragraph (4), disburse the

10 total amount of the national service educational

11 awards for which eligible individuals who have sub12 mitted applications to that institution under para13 graph (1) are qualified. Such disbursement shall be

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

15 institution and requires the endorsement or other cer16 tification by the eligible individual.

17 ‘‘(4) MULTIPLE DISBURSEMENTS REQUIRED.—

18 The total amount required to be disbursed to an insti19 tution of higher education under paragraph (3) for

20 any period of enrollment shall be disbursed by the

21 Corporation in 2 or more installments, none of which

exceeds 1 22 ⁄2 of such total amount. The interval between

23 the first and second such installment shall not be less

than 1 24 ⁄2 of such period of enrollment, except as nec25 essary to permit the second installment to be paid at
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1 the beginning of the second semester, quarter, or simi2 lar division of such period of enrollment.

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

4 regulation, provide for the refund to the Corporation

5 (and the crediting to the national service educational

6 award of an eligible individual) of amounts disbursed

7 to institutions for the benefit of eligible individuals

8 who withdraw or otherwise fail to complete the period

9 of enrollment for which the assistance was provided.

10 Such regulations shall be consistent with the fair and

11 equitable refund policies required of institutions pur12 suant to section 484B of the Higher Education Act of

13 1965 (20 U.S.C. 1091b). Amounts refunded to the

14 Trust pursuant to this paragraph may be used by the

15 Corporation to fund additional approved national

16 service positions under subtitle C.

17 ‘‘(6) MAXIMUM AWARD.—The portion of an eligi18 ble individual’s total available national service edu19 cational award that may be disbursed under this sub20 section for any period of enrollment shall not exceed

21 the difference between—

22 ‘‘(A) the eligible individual’s cost of attend23 ance for such period of enrollment, determined in

24 accordance with section 472 of the Higher Edu25 cation Act of 1965 (20 U.S.C. 1087ll); and
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1 ‘‘(B) the sum of (i) the student’s estimated

2 financial assistance for such period under part A

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

4 and (ii) the student’s veterans’ education bene5 fits, determined in accordance with section

6 480(c) of such Act (20 U.S.C. 1087vv(c)).

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

8 IN APPROVED SCHOOL-TO-WORK PROGRAMS.—The Cor9 poration shall by regulation provide for the payment of na10 tional service educational awards to permit eligible individ11 uals to participate in school-to-work programs approved by

12 the Secretaries of Labor and Education.

13 ‘‘(e) INTEREST PAYMENTS DURING FORBEARANCE ON

14 LOAN REPAYMENT.—The Corporation shall provide by reg15 ulation for the payment on behalf of an eligible individual

16 of interest that accrues during a period for which such indi17 vidual has obtained forbearance in the repayment of a

18 qualified student loan (as defined in subsection (b)(6)), if

19 the eligible individual successfully completes his or her re20 quired term of service (as determined under section 146(b)).

21 Such regulations shall be prescribed after consultation with

22 the Secretary of Education.

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

24 an approved national service program funded under section

25 121, may offer participants the option of waiving their
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1 right to receive a National Service Education Award in

2 order to receive an alternative post-service benefit funded

3 by the program entirely with non-Federal funds.

4 ‘‘(g) DEFINITION OF INSTITUTION OF HIGHER EDU5 CATION.—Notwithstanding section 101 of this Act, for pur6 poses of this section the term ‘institution of higher edu7 cation’ has the meaning provided by section 481(a) of the

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

9 (b) TABLE OF CONTENTS.—Section 1(b) of the Na10 tional and Community Service Act of 1990 (Public Law

11 101–610; 104 Stat. 3127) is amended by striking the items

12 relating to subtitle D of title I of such Act and inserting

13 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.’’.

14 (c) CONFORMING AMENDMENTS.—

15 (1) ELIGIBILITY FOR SUBSIDIZED STAFFORD

16 LOANS.—Section 428(a)(2)(C)(i) of the Higher Edu17 cation Act of 1965 (20 U.S.C. 1078(a)(2)(C)(i)) is

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

19 title,’’ the following: ‘‘any national service edu20 cational award such student will receive under sub-
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1 title D of title I of the National and Community

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

3 (2) FORBEARANCE IN THE COLLECTION OF STAF4 FORD LOANS.—Section 428 of the Higher Education

5 Act of 1965 is amended—

6 (A) in subsection (b)(1)—

7 (i) by redesignating subparagraphs

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

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

10 (ii) by inserting immediately after

11 subparagraph (V) the following new sub12 paragraph:

13 ‘‘(W)(i) provides that, upon written request,

14 a lender shall grant a borrower forbearance on

15 such terms as are otherwise consistent with the

16 regulations of the Secretary, during periods in

17 which the borrower is serving in a national serv18 ice position, for which he or she receives a na19 tional service educational award under the Na20 tional Service Trust Act of 1993;

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

22 subparagraph (V) shall also apply to a forbear23 ance granted under this subparagraph; and

24 ‘‘(iii) provides that interest shall continue

25 to accrue on a loan for which a borrower receives
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1 forbearance under this subparagraph and shall

2 be capitalized or paid by the borrower;’’; and

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

4 ‘‘subsection (b)(1)(V)’’ and inserting ‘‘subsection

5 (b)(1) (V) and (W)’’.

6 (3) ELIGIBILITY FOR STAFFORD LOAN FORGIVE7 NESS.—Section 428J of the Higher Education Act of

8 1965 (20 U.S.C. 1078–10) is amended—

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

10 striking ‘‘October 1, 1992’’ and inserting ‘‘Octo11 ber 1, 1989’’; and

12 (B) in subsection (c), by adding at the end

13 the following new paragraph:

14 ‘‘(5) INELIGIBILITY OF NATIONAL SERVICE EDU15 CATIONAL AWARD RECIPIENTS.—No student borrower

16 may, for the same volunteer service, receive a benefit

17 under both this section and subtitle D of title I of the

18 National and Community Service Act of 1990 (42

19 U.S.C. 12751 et seq.).’’.

20 (4) ELIGIBILITY FOR PERKINS LOAN FORGIVE21 NESS.—Section 465(a) of the Higher Education Act

22 of 1965 (20 U.S.C. 1087ee(a)) is amended by adding

23 at the end the following new paragraph:

24 ‘‘(6) No borrower may, for the same volunteer

25 service, receive a benefit under both this section and
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1 subtitle D of title I of the National and Community

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

3 (5) IMPACT ON GENERAL NEEDS ANALYSIS.—Sec4 tion 480(j) of such Act (20 U.S.C. 1087vv(j)) is

5 amended by adding at the end the following new

6 paragraph:

7 ‘‘(3) Notwithstanding paragraph (1), any na8 tional service educational award such student will re9 ceive under subtitle D of title I of the National and

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

11 seq.) shall not be taken into account in determining

12 estimated financial assistance not received under this

13 title.’’.

14 SEC. 103. SCHOOL-BASED AND COMMUNITY-BASED SERV15 ICE-LEARNING PROGRAMS.

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

17 (1) PURPOSE.—The purpose of this subsection is

18 to improve the Serve-America programs established

19 under part I of subtitle B of the National and Com20 munity Service Act of 1990, and to enable the Cor21 poration for National Service, and the entities receiv22 ing financial assistance under such part, to—

23 (A) work with teachers in elementary

24 schools and secondary schools within a commu25 nity, and with community-based agencies, to cre-
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1 ate and offer service-learning opportunities for

2 all school-age youth;

3 (B) educate teachers, and faculty providing

4 teacher training and retraining, about service5 learning, and incorporate service-learning oppor6 tunities into classroom teaching to strengthen

7 academic learning;

8 (C) coordinate the work of adult volunteers

9 who work with elementary and secondary schools

10 as part of their community service activities;

11 and

12 (D) work with employers in the commu13 nities to ensure that projects introduce the stu14 dents to various careers and expose the students

15 to needed further education and training.

16 (2) PROGRAMS.—Subtitle B of title I of the Na17 tional and Community Service Act of 1990 (42

18 U.S.C. 12501 et seq.) is amended by striking the sub19 title heading and all that follows through the end of

20 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 (acting through their

12 State educational agency) and Indian tribes to pay for the

13 Federal share of—

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

15 States or Indian tribes (which may be accomplished

16 through grants or contracts with qualified organiza17 tions) to implement school-based service-learning pro18 grams, including—

19 ‘‘(A) providing training for teachers, super20 visors, personnel from community-based agencies

21 (particularly with regard to the utilization of

22 participants), and trainers, to be conducted by

23 qualified individuals or organizations that have

24 experience with service-learning;
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1 ‘‘(B) developing service-learning curricula

2 to be integrated into academic programs, includ3 ing the age-appropriate learning component de4 scribed in section 114(d)(5)(B);

5 ‘‘(C) forming local partnerships described in

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

7 service-learning programs in accordance with

8 this subpart;

9 ‘‘(D) devising appropriate methods for re10 search and evaluation of the educational value of

11 service-learning and the effect of service-learning

12 activities on communities; and

13 ‘‘(E) establishing effective outreach and dis14 semination of information to ensure the broadest

15 possible involvement of community-based agen16 cies with demonstrated effectiveness in working

17 with school-age youth in their communities;

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

19 school-based service-learning programs, which may

20 include paying for the cost of the recruitment, train21 ing, supervision, placement, salaries, and benefits of

22 service-learning coordinators, through State distribu23 tion of Federal funds made available under this sub24 part to projects operated by local partnerships

25 among—
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1 ‘‘(A) local educational agencies; and

2 ‘‘(B) one or more community partners

3 that—

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

5 nonprofit organization that—

6 ‘‘(I) has a demonstrated and ex7 tensive expertise in the provision of

8 services to meet unmet human, edu9 cational, environmental, or public safe10 ty needs;

11 ‘‘(II) was in existence at least 1

12 year before the date on which the orga13 nization applies to participate in the

14 partnership; and

15 ‘‘(III) will make projects available

16 for participants, who shall be students;

17 and

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

19 business or private elementary or secondary

20 school;

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

22 programs through State distribution of Federal funds

23 made available under this subpart to local edu24 cational agencies, which planning may include pay25 ing for the cost of—
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1 ‘‘(A) the salaries and benefits of service2 learning coordinators; or

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

4 and placement of service-learning coordinators

5 who are participants in a program under sub6 title C or receive a national service educational

7 award under subtitle D,

8 who will identify the community partners described

9 in paragraph (2)(B) and assist in the design and im10 plementation of a program described in paragraph

11 (2); and

12 ‘‘(4) implementing, operating, or expanding

13 school-based service-learning programs involving

14 adult volunteers to utilize service-learning to improve

15 the education of students through State distribution of

16 Federal funds made available under this part to local

17 partnerships among—

18 ‘‘(A) local educational agencies; and

19 ‘‘(B) one or more—

20 ‘‘(i) public or private nonprofit organi21 zations;

22 ‘‘(ii) other educational agencies; or

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

24 that coordinate and operate projects for participants,

25 who shall be students.
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1 ‘‘(b) DUTIES OF SERVICE-LEARNING COORDINATOR.—

2 A service-learning coordinator referred to in paragraph (2)

3 or (3) of subsection (a) shall provide services to a local edu4 cational agency by—

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

6 potential of service-learning in strengthening the edu7 cational achievement, leadership development, and

8 substantive learning, of students;

9 ‘‘(2) providing technical assistance and informa10 tion to, and facilitating the training of, teachers who

11 want to use service-learning in their classrooms;

12 ‘‘(3) assisting local partnerships described in

13 subsection (a) in the planning, development, and exe14 cution of service-learning projects;

15 ‘‘(4) recruiting and supervising adult volunteers,

16 or individuals who are participants in a program

17 under subtitle C or receive a national service edu18 cational award under subtitle D, to expand service19 learning opportunities; and

20 ‘‘(5) coordinating the activities of the service21 learning coordinator with the activities of the com22 mittee described in section 114(d)(1), and, where ap23 propriate, assisting the committee.

24 ‘‘(c) RELATED EXPENSES.—A partnership, local edu25 cational agency, or other qualified organization that re-
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1 ceives financial assistance under this subpart may, in car2 rying out the activities described in subsection (a), use such

3 assistance to pay for the Federal share of reasonable costs

4 related to the supervision of participants, program admin5 istration, transportation, insurance, evaluations, and for

6 other reasonable expenses related to the activities.

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

8 NONPARTICIPATING STATES.

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

10 an application under section 113, for an allotment under

11 subsection (a) or (b)(2) of section 112, that meets the re12 quirements of section 113 and such other requirements as

13 the Chairperson may determine to be appropriate, the Cor14 poration may use the allotment of that State to make direct

15 grants to pay for the Federal share of the cost of—

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

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

18 partnership described in such paragraph; or

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

20 paragraph (3) of such section, to an agency described

21 in such paragraph,

22 that is located in the State.
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1 ‘‘SEC. 111B. AUTHORITY TO ASSIST PUBLIC OR PRIVATE

2 NONPROFIT ORGANIZATIONS.

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

4 grants under section 112(b)(1) to public and private non5 profit organizations that—

6 ‘‘(1) have experience with service-learning;

7 ‘‘(2) were in existence 1 year before the date on

8 which the organization submitted an application

9 under section 114(a); and

10 ‘‘(3) meet such other criteria as the Chairperson

11 may establish.

12 ‘‘(b) USE OF FUNDS.—Such organizations may use

13 grants made under subsection (a) to make grants to part14 nerships described in paragraph (2) or (4) of section 111(a)

15 to implement, operate, or expand school-based service-learn16 ing programs as described in such section and provide tech17 nical assistance and training to appropriate persons.

18 ‘‘SEC. 112. GRANTS AND ALLOTMENTS.

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

20 amounts appropriated to carry out this subpart for any fis21 cal year, the Corporation shall reserve an amount of not

22 more than 1 percent for payments to Indian tribes, the Vir23 gin Islands of the United States, Guam, American Samoa,

24 and the Commonwealth of the Northern Mariana Islands,

25 to be allotted in accordance with their respective needs. The

26 Corporation may also make payments from such amount
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1 to Palau, in accordance with its needs, until such time as

2 the Compact of Free Association with Palau is ratified.

3 ‘‘(b) GRANTS AND ALLOTMENTS THROUGH STATES.—

4 The Corporation shall use the remainder of the funds appro5 priated to carry out this subpart for any fiscal year as fol6 lows:

7 ‘‘(1) GRANTS.—Except as provided in paragraph

8 (3), from 25 percent of such funds, the Corporation

9 may make grants, on a competitive basis, to—

10 ‘‘(A) State educational agencies and Indian

11 tribes; or

12 ‘‘(B) as described in section 111B, to

13 grantmaking entities.

14 ‘‘(2) ALLOTMENTS.—

15 ‘‘(A) SCHOOL-AGE YOUTH.—Except as pro16 vided in paragraph (3), from 37.5 percent of

17 such funds, the Corporation shall allot to each

18 State an amount that bears the same ratio to

19 37.5 percent of such funds as the number of

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

21 number of school-age youth of all States.

22 ‘‘(B) ALLOCATION UNDER ELEMENTARY AND

23 SECONDARY EDUCATION ACT OF 1965.—Except as

24 provided in paragraph (3), from 37.5 percent of

25 such funds, the Corporation shall allot to each
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1 State an amount that bears the same ratio to

2 37.5 percent of such funds as the allocation to

3 the State for the previous fiscal year under chap4 ter 1 of title I of the Elementary and Secondary

5 Education Act of 1965 (20 U.S.C. 2711 et seq.)

6 bears to such allocations to all States.

7 ‘‘(3) MINIMUM AMOUNT.—No State shall receive,

8 under paragraph (2), an allotment that is less than

9 the allotment such State received for fiscal year 1993

10 under section 112(b) of this Act, as in effect on the

11 day before the date of enactment of this part. If the

12 amount of funds made available in a fiscal year to

13 carry out paragraph (2) is insufficient to make such

14 allotments, the Corporation shall make available sums

15 from the 25 percent described in paragraph (1) for

16 such fiscal year to make such allotments.

17 ‘‘(4) DEFINITION.—Notwithstanding section

18 101(25), for purposes of this subsection, the term

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

20 of Columbia, the Commonwealth of Puerto Rico, and

21 an Indian tribe.

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

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

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

25 State or Indian tribe does not submit an application for
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1 the allotment under section 113 that meets the requirements

2 of such section and such other requirements as the Chair3 person may determine to be appropriate, the Corporation

4 shall, after making any grants under section 111A to a

5 partnership or agency described in such section, make any

6 remainder of such allotment available for reallotment to

7 such other States, and Indian tribes, with approved appli8 cations submitted under section 113, as the Corporation

9 may determine to be appropriate.

10 ‘‘(d) EXCEPTION.—Notwithstanding subsections (a)

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

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

13 award grants to States and Indian tribes, from the amount

14 so appropriated, on a competitive basis to pay for the Fed15 eral share of the activities described in section 111.

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

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

18 under section 112(b)(1), an allotment under subsection (a)

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

20 or a grant under section 112(d), a State, acting through

21 the State educational agency, or an Indian tribe, shall pre22 pare, submit to the Corporation, and obtain approval of,

23 an application at such time and in such manner as the

24 Chairperson may reasonably require.
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1 ‘‘(b) CONTENTS.—An application that is submitted

2 under subsection (a) with respect to service-learning pro3 grams described in section 111 shall include—

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

5 previously approved 3-year strategic plan, for pro6 moting service-learning through the programs, which

7 plan shall contain such information as the Chair8 person may reasonably require, such as—

9 ‘‘(A) a description of the goals to be at10 tained in promoting service-learning through

11 such programs;

12 ‘‘(B) a description of the resources and or13 ganization needed to achieve the goals of such

14 programs within elementary schools and second15 ary schools; and

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

17 which—

18 ‘‘(i) such programs and the activities

19 to be carried out under such programs re20 late to the goals described in subparagraph

21 (A);

22 ‘‘(ii) the applicant will evaluate the

23 success of the programs and the extent of

24 community involvement in the programs,

25 and measure the extent to which the pro-
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1 grams meet the goals described in subpara2 graph (A);

3 ‘‘(iii) in reviewing applications sub4 mitted under section 114(c), the applicant

5 has ranked the applications according to the

6 criteria described in section 115(b), has con7 sidered the factors described in section

8 115(a), and has reviewed the applications

9 in a manner that ensured the equitable

10 treatment of all such applications;

11 ‘‘(iv) the programs will be coordinated

12 with—

13 ‘‘(I) the education reform efforts of

14 the applicant;

15 ‘‘(II) other efforts to meet the Na16 tional Education Goals;

17 ‘‘(III) other service activities in

18 the State or serving the Indian tribe;

19 and

20 ‘‘(IV) other education programs,

21 training programs, social service pro22 grams, and appropriate programs that

23 serve school-age youth, that are author24 ized under Federal law;
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1 ‘‘(v) the applicant will disseminate in2 formation, conduct outreach, and take other

3 measures, to encourage cooperative efforts

4 among the local educational agencies, local

5 government agencies, community-based

6 agencies, State agencies, and private for7 profit businesses that will carry out the

8 service-learning programs proposed by the

9 applicant, to develop and provide projects,

10 including those that involve the participa11 tion of urban, suburban, and rural students

12 working together;

13 ‘‘(vi) the applicant will promote ap14 propriate projects in such programs for eco15 nomically disadvantaged students, students

16 with limited basic skills, students in foster

17 care who are becoming too old for foster

18 care, students of limited English pro19 ficiency, homeless students, and students

20 with disabilities;

21 ‘‘(vii) service-learning training and

22 technical assistance will be provided

23 through the programs—

24 ‘‘(I) to State and local edu25 cational agency personnel, federally as-
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1 sisted education specialists in the State

2 or serving the Indian tribe, and local

3 recipients of grants under this subpart,

4 to raise the awareness of service-learn5 ing among such personnel, specialists,

6 and recipients; and

7 ‘‘(II) by qualified and experienced

8 individuals employed by the State or

9 Indian tribe or through grants or con10 tracts with such individuals;

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

12 be established for the State or Indian tribe,

13 comprised of expert teachers and adminis14 trators who have carried out successful serv15 ice-learning activities within the State or

16 serving the Indian tribe; and

17 ‘‘(ix) the applicant will use payments

18 from sources described in section

19 116(a)(2)(B) to expand projects for students

20 through the programs proposed by the ap21 plicant;

22 ‘‘(2) assurances that—

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

24 and provide such information to the Corporation
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1 with respect to the programs as may be required

2 for fiscal audits and program evaluation; and

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

4 nonduplication and nondisplacement require5 ments of section 177; and

6 ‘‘(3) such additional information as the Chair7 person may reasonably require.

8 ‘‘SEC. 114. LOCAL APPLICATIONS.

9 ‘‘(a) APPLICATION TO CORPORATION TO MAKE

10 GRANTS FOR SCHOOL-BASED SERVICE-LEARNING PRO11 GRAMS.—

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

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

14 grants relating to school-based service-learning pro15 grams described in section 111(a)(2), a grantmaking

16 entity shall prepare, submit to the Corporation, and

17 obtain approval of, an application.

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

19 submitted at such time and in such manner, and

20 shall contain such information, as the Chairperson

21 may reasonably require. Such application shall in22 clude a proposal to assist such programs in more

23 than 1 State.

24 ‘‘(b) DIRECT APPLICATION TO CORPORATION TO

25 CARRY OUT SCHOOL-BASED SERVICE-LEARNING PRO-
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1 GRAMS IN NONPARTICIPATING STATES.—To be eligible to

2 receive a grant from the Corporation in the circumstances

3 described in section 111A to carry out an activity described

4 in such section, a partnership or agency described in such

5 section shall prepare, submit to the Corporation, and obtain

6 approval of, an application. Such application shall be sub7 mitted at such time and in such manner, and shall contain

8 such information, as the Chairperson may reasonably re9 quire.

10 ‘‘(c) APPLICATION TO STATE OR INDIAN TRIBE TO RE11 CEIVE ASSISTANCE TO CARRY OUT SCHOOL-BASED SERV12 ICE-LEARNING PROGRAMS.—

13 ‘‘(1) IN GENERAL.—Any—

14 ‘‘(A) qualified organization that desires to

15 receive financial assistance under this subpart

16 from a State or Indian tribe for an activity de17 scribed in section 111(a)(1);

18 ‘‘(B) partnership described in section

19 111(a)(2) that desires to receive such assistance

20 from a State, Indian tribe, or grantmaking en21 tity for an activity described in section

22 111(a)(2);

23 ‘‘(C) agency described in section 111(a)(3)

24 that desires to receive such assistance from a
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1 State or Indian tribe for an activity described in

2 such section; or

3 ‘‘(D) partnership described in section

4 111(a)(4) that desires to receive such assistance

5 from a State or Indian tribe for an activity de6 scribed in such section,

7 to be carried out through a service-learning program

8 described in section 111, shall prepare, submit to the

9 State educational agency, Indian tribe, or

10 grantmaking entity, and obtain approval of, an ap11 plication for the program.

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

13 submitted at such time and in such manner, and

14 shall contain such information, as the agency, tribe,

15 or entity may reasonably require.

16 ‘‘(d) CONTENTS OF APPLICATION.—An application

17 that is submitted under subsection (a), (b), or (c) with re18 spect to a service-learning program described in section 111

19 shall, at a minimum, contain a proposal that includes—

20 ‘‘(1) information specifying the membership and

21 role of an established advisory committee, consisting

22 of representatives of community-based agencies in23 cluding service recipients, students, parents, teachers,

24 administrators, representatives of agencies that serve

25 school-age youth or older adults, school board mem-
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1 bers, representatives of local labor organizations, and

2 representatives of business, that will provide advice

3 with respect to the program;

4 ‘‘(2) a description of—

5 ‘‘(A) the goals of the program which shall

6 include goals that are quantifiable and dem7 onstrate any benefits from the program to par8 ticipants and the community;

9 ‘‘(B) service-learning projects to be provided

10 under the program, and evidence that partici11 pants will make a sustained commitment to serv12 ice in the projects;

13 ‘‘(C) the manner in which participants in

14 the program were or will be involved in the de15 sign and operation of the program;

16 ‘‘(D) training for supervisors, teachers, serv17 ice sponsors, and participants in the program;

18 ‘‘(E) the manner in which exemplary serv19 ice will be recognized under the program; and

20 ‘‘(F) any resources that will permit con21 tinuation of the program, if needed, after the as22 sistance received under this subpart for the pro23 gram has ended;

24 ‘‘(3) information that shall include—
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1 ‘‘(A) a disclosure of whether or not the par2 ticipants will receive academic credit for partici3 pation in the program;

4 ‘‘(B) the expected number of participants in

5 the program and the hours of service that such

6 participants will provide individually and as a

7 group;

8 ‘‘(C) the proportion of expected participants

9 in the program who are economically disadvan10 taged, including participants with disabilities;

11 and

12 ‘‘(D) any role of adult volunteers in imple13 menting the program, and the manner in which

14 such volunteers will be recruited;

15 ‘‘(4) in the case of an application submitted by

16 a local partnership, a written agreement, between the

17 members of the local partnership, stating that the pro18 gram was jointly developed by the members and that

19 the program will be jointly executed by the members;

20 and

21 ‘‘(5) assurances that—

22 ‘‘(A) prior to the placement of a partici23 pant, the entity carrying out the program will

24 consult with any local labor organization rep25 resenting employees in the area who are engaged
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1 in the same or similar work as that proposed to

2 be carried out by such program, to prevent the

3 displacement and protect the rights of such em4 ployees;

5 ‘‘(B) the entity carrying out the program

6 will develop an age-appropriate learning compo7 nent for participants in the program that shall

8 include a chance for participants to analyze and

9 apply their service experiences; and

10 ‘‘(C) the entity carrying out the program

11 will comply with the nonduplication and

12 nondisplacement requirements of section 177 and

13 grievance procedure requirements of section

14 176(f).

15 ‘‘SEC. 115. CONSIDERATION OF APPLICATIONS.

16 ‘‘(a) CRITERIA FOR APPLICATIONS.—In approving ap17 plications for financial assistance under subsection (a), (b),

18 (c), or (d) of section 112, the Corporation shall consider

19 such criteria with respect to sustainability, replicability,

20 innovation, and quality of programs under this subpart as

21 the Chairperson may by regulation specify. In providing

22 assistance under this subpart, a State educational agency,

23 Indian tribe, or grantmaking entity shall consider such cri24 teria.

25 ‘‘(b) PRIORITY FOR LOCAL APPLICATIONS.—
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1 ‘‘(1) IN GENERAL.—In providing assistance

2 under this subpart, a State educational agency or In3 dian tribe, or the Corporation if section 111A or

4 111B applies, shall give priority to entities that sub5 mit applications under section 114 with respect to

6 service-learning programs described in section 111

7 that—

8 ‘‘(A) involve participants in the design and

9 operation of the program;

10 ‘‘(B) are in the greatest need of assistance,

11 such as programs targeting low-income areas;

12 ‘‘(C) involve—

13 ‘‘(i) students from public elementary or

14 secondary schools, and students from pri15 vate elementary or secondary schools, serv16 ing together; or

17 ‘‘(ii) students of different ages, races,

18 sexes, ethnic groups, disabilities, or eco19 nomic backgrounds, serving together; or

20 ‘‘(D) are integrated into the academic pro21 gram of the participants.

22 ‘‘(c) REJECTION OF APPLICATIONS.—If the Corpora23 tion rejects an application submitted by a State under sec24 tion 113 for an allotment under subsection (b)(2) of section

25 112, the Corporation shall promptly notify the State of the
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1 reasons for the rejection of the application. The Corporation

2 shall provide the State with a reasonable opportunity to

3 revise and resubmit the application and shall provide tech4 nical assistance, if needed, to the State as part of the resub5 mission process. The Corporation shall promptly reconsider

6 such resubmitted application.

7 ‘‘SEC. 115A. PARTICIPATION OF STUDENTS AND TEACHERS

8 FROM PRIVATE SCHOOLS.

9 ‘‘(a) IN GENERAL.—To the extent consistent with the

10 number of students in the State or Indian tribe or in the

11 school district of the local educational agency involved who

12 are enrolled in private nonprofit elementary and secondary

13 schools, such State, Indian tribe, or agency shall (after con14 sultation with appropriate private school representatives)

15 make provision—

16 ‘‘(1) for the inclusion of services and arrange17 ments for the benefit of such students so as to allow

18 for the equitable participation of such students in the

19 programs implemented to carry out the objectives and

20 provide the benefits described in this subpart; and

21 ‘‘(2) for the training of the teachers of such stu22 dents so as to allow for the equitable participation of

23 such teachers in the programs implemented to carry

24 out the objectives and provide the benefits described in

25 this subpart.
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1 ‘‘(b) WAIVER.—If a State, Indian tribe, or local edu2 cational agency is prohibited by law from providing for the

3 participation of students or teachers from private nonprofit

4 schools as required by subsection (a), or if the Corporation

5 determines that a State, Indian tribe, or local educational

6 agency substantially fails or is unwilling to provide for

7 such participation on an equitable basis, the Chairperson

8 shall waive such requirements and shall arrange for the pro9 vision of services to such students and teachers. Such waiv10 ers shall be subject to consultation, withholding, notice, and

11 judicial review requirements in accordance with para12 graphs (3) and (4) of section 1017(b) of the Elementary

13 and Secondary Education Act of 1965 (20 U.S.C. 2727(b)).

14 ‘‘SEC. 116. FEDERAL, STATE, AND LOCAL CONTRIBUTIONS.

15 ‘‘(a) SHARE.—

16 ‘‘(1) IN GENERAL.—The Federal share attrib17 utable to this subpart of the cost of carrying out a

18 program for which a grant or allotment is made

19 under this subpart may not exceed—

20 ‘‘(A) 90 percent of the total cost of the pro21 gram for the first year for which the program re22 ceives assistance under this subpart;

23 ‘‘(B) 80 percent of the total cost of the pro24 gram for the second year for which the program

25 receives assistance under this subpart;
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1 ‘‘(C) 70 percent of the total cost of the pro2 gram for the third year for which the program

3 receives assistance under this subpart; and

4 ‘‘(D) 50 percent of the total cost of the pro5 gram for the fourth year, and for any subsequent

6 year, for which the program receives assistance

7 under this subpart.

8 ‘‘(2) CALCULATION.—In providing for the re9 maining share of the cost of carrying out such a pro10 gram, each recipient of assistance under this sub11 part—

12 ‘‘(A) shall provide for such share through a

13 payment in cash or in kind, fairly evaluated, in14 cluding facilities, equipment, or services; and

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

16 State sources, local sources, or Federal sources

17 (other than funds made available under the na18 tional service laws).

19 ‘‘(b) WAIVER.—The Chairperson may waive the re20 quirements of subsection (a) in whole or in part with re21 spect to any such program in any fiscal year if the Cor22 poration determines that such a waiver would be equitable

23 due to a lack of available financial resources at the local

24 level.
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1 ‘‘SEC. 116A. LIMITATIONS ON USES OF FUNDS.

2 ‘‘(a) ADMINISTRATIVE COSTS.—

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

4 the amount of assistance provided to a State edu5 cational agency, Indian tribe, or grantmaking entity

6 that is the original recipient of a grant or allotment

7 under subsection (a), (b), (c), or (d) of section 112 for

8 a fiscal year may be used to pay for administrative

9 costs incurred by—

10 ‘‘(A) the original recipient; or

11 ‘‘(B) the entity carrying out the service12 learning programs supported with the assistance.

13 ‘‘(2) RULES ON USE.—The Chairperson may by

14 rule prescribe the manner and extent to which—

15 ‘‘(A) such assistance may be used to cover

16 administrative costs; and

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

18 to cover administrative costs should be distrib19 uted between—

20 ‘‘(i) the original recipient; and

21 ‘‘(ii) the entity carrying out the serv22 ice-learning programs supported with the

23 assistance.

24 ‘‘(b) CAPACITY-BUILDING ACTIVITIES.—Not less than

25 10 percent and not more than 15 percent of the amount

26 of assistance provided to a State educational agency or In-
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1 dian tribe that is the original recipient of a grant or allot2 ment under subsection (a), (b), (c), or (d) of section 112

3 for a fiscal year may be used to build capacity through

4 training, technical assistance, curriculum development, and

5 coordination activities, described in section 111(a)(1).

6 ‘‘(c) LOCAL USES OF FUNDS.—Funds made available

7 under this subpart may not be used to pay any stipend,

8 allowance, or other financial support to any student who

9 is a participant under this subtitle, except reimbursement

10 for transportation, meals, and other reasonable out-of-pock11 et expenses directly related to participation in a program

12 assisted under this subpart.

13 ‘‘SEC. 116B. DEFINITIONS.

14 ‘‘As used in this subpart:

15 ‘‘(1) GRANTMAKING ENTITY.—The term

16 ‘grantmaking entity’ means an organization described

17 in section 111B(a).

18 ‘‘(2) SCHOOL-BASED.—The term ‘school-based’

19 means based in an elementary school or a secondary

20 school.

21 ‘‘(3) STUDENT.—Notwithstanding section

22 101(28), the term ‘student’ means an individual who

23 is enrolled in an elementary or secondary school on

24 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 a

7 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 date

15 on which the organization submitted the applica16 tion.

17 ‘‘(3) QUALIFIED ORGANIZATION.—The term

18 ‘qualified organization’ means a public or private

19 nonprofit organization with experience working with

20 school-age youth that meets such criteria as the Chair21 person may establish.

22 ‘‘SEC. 117A. GENERAL AUTHORITY.

23 ‘‘(a) GRANTS.—From the funds appropriated to carry

24 out this subpart for a fiscal year, the Corporation may

25 make grants to State Commissions, grantmaking entities,

26 and qualified organizations to pay for the Federal share
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1 of the implementation, operation, expansion, or replication

2 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; or

13 ‘‘(B) to provide training and technical as14 sistance to such an organization.

15 ‘‘(2) QUALIFIED ORGANIZATIONS.—A qualified

16 organization, other than a grantmaking entity, may

17 use a grant made under subsection (a) to implement,

18 operate, expand, or replicate a program described in

19 paragraph (1)(A).

20 ‘‘SEC. 117B. STATE APPLICATIONS.

21 ‘‘(a) IN GENERAL.—To be eligible to receive a grant

22 under section 117A(a), a State Commission shall prepare,

23 submit to the Corporation, and obtain approval of, an ap24 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) with

8 respect to each community-based service program proposed

9 to be carried out through funding distributed by the State

10 Commission under this subpart.

11 ‘‘SEC. 117C. LOCAL APPLICATIONS.

12 ‘‘(a) APPLICATION TO CORPORATION TO MAKE

13 GRANTS FOR COMMUNITY-BASED SERVICE PROGRAMS.—To

14 be eligible to receive a grant from the Corporation under

15 section 117A(a) to make grants under section 117A(b)(1),

16 a grantmaking entity shall prepare, submit to the Corpora17 tion, and obtain approval of, an application that proposes

18 a community-based service program to be carried out

19 through grants made to qualified organizations. Such ap20 plication shall be submitted at such time and in such man21 ner, and shall contain such information, as the Chairperson

22 may reasonably require.

23 ‘‘(b) DIRECT APPLICATION TO CORPORATION TO

24 CARRY OUT COMMUNITY-BASED SERVICE PROGRAMS.—To

25 be eligible to receive a grant from the Corporation under
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1 section 117A(a) to implement, operate, expand, or replicate

2 a community service program, a qualified organization

3 shall prepare, submit to the Corporation, and obtain ap4 proval of, an application that proposes a community-based

5 service program to be carried out at multiple sites, or that

6 proposes an innovative community-based service program.

7 Such application shall be submitted at such time and in

8 such manner, and shall contain such information, as the

9 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 eli13 gible to receive a grant from a State Commission or

14 grantmaking entity under section 117A(b)(1), a qualified

15 organization shall prepare, submit to the Commission or

16 entity, and obtain approval of, an application. Such appli17 cation shall be submitted at such time and in such manner,

18 and shall contain such information, as the Commission or

19 entity may reasonably require.

20 ‘‘(d) REQUIREMENTS OF APPLICATION.—An applica21 tion submitted under subsection (a), (b), or (c) shall, at a

22 minimum, contain—

23 ‘‘(1) a description of any community-based serv24 ice program proposed to be implemented, operated,
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1 expanded, or replicated directly by the applicant

2 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 community8 based service program that describes the manner in

9 which the entity carrying out the program will—

10 ‘‘(A) provide preservice and inservice train11 ing, for supervisors and participants, that will

12 be conducted by qualified individuals, or quali13 fied organizations, that have experience in com14 munity-based service programs;

15 ‘‘(B) include economically disadvantaged

16 individuals as participants in the program pro17 posed by the applicant;

18 ‘‘(C) provide an age-appropriate service19 learning component described in section

20 114(d)(5)(B);

21 ‘‘(D) conduct an appropriate evaluation of

22 the program;

23 ‘‘(E) provide for appropriate community

24 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 toward

8 the goals of the program; and

9 ‘‘(I) organize participants in the program

10 into teams, if appropriate, with team leaders

11 who may be participants in a program under

12 subtitle C or individuals who receive a national

13 service educational 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 require18 ments 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 deter22 mining whether to approve an application submitted under

23 section 117B or under subsection (a) or (b) of section 117C

24 and to provide assistance under section 117A to the appli25 cant 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 Commis6 sion or grantmaking entity shall apply the criteria de7 scribed in subsection (b) in determining whether to approve

8 an application under section 117C(c) and to make a grant

9 under section 117A(b)(1) to the applicant on the basis of

10 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 assistance.

11 ‘‘(b) RULES ON USE.—The Chairperson may by rule

12 prescribe the manner and extent to which—

13 ‘‘(1) such assistance may be used to cover admin14 istrative costs; and

15 ‘‘(2) that portion of the assistance available to

16 cover administrative costs should be distributed be17 tween—

18 ‘‘(A) the original recipient; and

19 ‘‘(B) the entity carrying out the commu20 nity-based service programs supported with the

21 assistance.

22 ‘‘Subpart C—Clearinghouse

23 ‘‘SEC. 118. SERVICE-LEARNING CLEARINGHOUSE.

24 ‘‘(a) IN GENERAL.—The Corporation shall provide fi25 nancial assistance, from funds appropriated to carry out

26 subtitle H, to agencies described in subsection (b) to estab-
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1 lish a clearinghouse, which shall carry out activities, either

2 directly or by arrangement with another such entity, with

3 respect to information about service-learning.

4 ‘‘(b) PUBLIC AND PRIVATE NONPROFIT AGENCIES.—

5 Public and private nonprofit agencies that have extensive

6 experience with service-learning, including use of adult vol7 unteers to foster service-learning, shall be eligible to receive

8 assistance under subsection (a).

9 ‘‘(c) FUNCTION OF CLEARINGHOUSE.—An entity that

10 receives assistance under subsection (a) may—

11 ‘‘(1) assist entities carrying out State or local

12 service-learning programs with needs assessments and

13 planning;

14 ‘‘(2) conduct research and evaluations concern15 ing service-learning;

16 ‘‘(3)(A) provide leadership development and

17 training to State and local service-learning program

18 administrators, supervisors, service sponsors, and

19 participants; and

20 ‘‘(B) provide training to persons who can pro21 vide the leadership development and training de22 scribed in subparagraph (A);

23 ‘‘(4) facilitate communication among entities

24 carrying out service-learning programs and partici25 pants in such programs;
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1 ‘‘(5) provide information, curriculum materials,

2 and technical assistance relating to planning and op3 eration of service-learning programs, to States and

4 local entities eligible to receive financial assistance

5 under this title;

6 ‘‘(6) provide information regarding methods to

7 make service-learning programs accessible to individ8 uals with disabilities;

9 ‘‘(7)(A) gather and disseminate information on

10 successful service-learning programs, components of

11 such successful programs, innovative youth skills cur12 ricula related to service-learning, and service-learning

13 projects; and

14 ‘‘(B) coordinate the activities of the Clearing15 house with appropriate entities to avoid duplication

16 of effort;

17 ‘‘(8) make recommendations to State and local

18 entities on quality controls to improve the quality of

19 service-learning programs;

20 ‘‘(9) assist organizations in recruiting, screening,

21 and placing service-learning coordinators; and

22 ‘‘(10) carry out such other activities as the

23 Chairperson determines to be appropriate.’’.

24 (b) HIGHER EDUCATION INNOVATIVE PROJECTS.—

25 Subtitle B of title I of the National and Community Service
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1 Act of 1990 (42 U.S.C. 12531 et seq.) is amended by strik2 ing 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 con14 sultation with the Secretary of Education, is authorized to

15 make grants to, and enter into contracts with, institutions

16 of higher education (including a combination of such insti17 tutions), and partnerships comprised of such institutions

18 and of other public agencies or nonprofit private organiza19 tions, to pay for the Federal share of the cost of—

20 ‘‘(1) enabling such an institution or partnership

21 to create or expand an organized community service

22 program that—

23 ‘‘(A) engenders a sense of social responsibil24 ity and commitment to the community in which

25 the institution is located; and
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1 ‘‘(B) provides projects for participants, who

2 shall be students, faculty, administration, or

3 staff of the institution, or residents of the com4 munity;

5 ‘‘(2) supporting student-initiated and student-de6 signed community service projects through the pro7 gram;

8 ‘‘(3) facilitating the integration of community

9 service carried out under the program into academic

10 curricula, including integration of clinical programs

11 into the curriculum for students in professional

12 schools, so that students can obtain credit for their

13 community service projects;

14 ‘‘(4) supplementing the funds available to carry

15 out work-study programs under part C of title IV of

16 the Higher Education Act of 1965 (42 U.S.C. 2751 et

17 seq.) to support service-learning and community serv18 ice through the community service program;

19 ‘‘(5) strengthening the service infrastructure

20 within institutions of higher education in the United

21 States through the program; and

22 ‘‘(6) providing for the training of teachers, pro23 spective teachers, related education personnel, and

24 community leaders in the skills necessary to develop,

25 supervise, and organize service-learning.
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1 ‘‘(c) FEDERAL SHARE.—

2 ‘‘(1) SHARE.—

3 ‘‘(A) IN GENERAL.—The Federal share of

4 the cost of carrying out a community service

5 project for which a grant or contract is awarded

6 under this part may not exceed 50 percent.

7 ‘‘(B) CALCULATION.—Each recipient of as8 sistance under this part shall comply with sec9 tion 116(a)(2).

10 ‘‘(2) WAIVER.—The Chairperson may waive the

11 requirements of paragraph (1), in whole or in part,

12 as provided in section 116(b).

13 ‘‘(d) APPLICATION FOR GRANT.—

14 ‘‘(1) SUBMISSION.—To receive a grant or enter

15 into a contract under this part, an institution or

16 partnership described in subsection (b) shall prepare,

17 submit to the Corporation, and obtain approval of,

18 an application at such time and in such manner as

19 the Chairperson may reasonably require.

20 ‘‘(2) CONTENTS.—An application submitted

21 under paragraph (1) shall contain—

22 ‘‘(A) such information as the Chairperson

23 may reasonably require, such as a description

24 of—
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1 ‘‘(i) the proposed program to be estab2 lished with assistance provided under the

3 grant or contract;

4 ‘‘(ii) the human, educational, environ5 mental, or public safety service that partici6 pants will perform and the community need

7 that will be addressed under such program;

8 ‘‘(iii) whether or not students will re9 ceive academic credit for community service

10 projects under the program;

11 ‘‘(iv) the procedure for training super12 visors and participants and for supervising

13 and organizing participants in such pro14 gram;

15 ‘‘(v) the procedures to ensure that the

16 program includes the age-appropriate learn17 ing component described in section

18 114(d)(5)(B);

19 ‘‘(vi) the roles played by students and

20 community members, including service re21 cipients, in the design and implementation

22 of the program; and

23 ‘‘(vii) the budget for the program;

24 ‘‘(B) assurances that—
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1 ‘‘(i) prior to the placement of a partic2 ipant, the applicant will consult with any

3 local labor organization representing em4 ployees in the area who are engaged in the

5 same or similar work as that proposed to be

6 carried out by such program, to prevent the

7 displacement and protect the rights of such

8 employees; and

9 ‘‘(ii) the applicant will comply with

10 the nonduplication and nondisplacement

11 provisions of section 177 and grievance pro12 cedure requirements of section 176(f); and

13 ‘‘(C) such other assurances as the Chair14 person may reasonably require.

15 ‘‘(e) PRIORITY.—

16 ‘‘(1) IN GENERAL.—In making grants and enter17 ing into contracts under subsection (b), the Corpora18 tion shall give priority to applicants that submit ap19 plications containing proposals that—

20 ‘‘(A) demonstrate the commitment of the in21 stitution of higher education, other than by dem22 onstrating the commitment of the students, to

23 supporting the community service projects car24 ried out under the program;
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1 ‘‘(B) specify the manner in which the insti2 tution will promote faculty, administration, and

3 staff participation in the community service

4 projects;

5 ‘‘(C) specify the manner in which the insti6 tution will provide service to the community

7 through organized programs, including, where

8 appropriate, clinical programs for students in

9 professional schools;

10 ‘‘(D) describe any partnership that will

11 participate in the community service projects,

12 such as a partnership comprised of—

13 ‘‘(i) the institution;

14 ‘‘(ii)(I) a community-based agency;

15 ‘‘(II) a local government agency; or

16 ‘‘(III) a nonprofit entity that serves or

17 involves school-age youth or older adults;

18 and

19 ‘‘(iii) a student organization;

20 ‘‘(E) demonstrate community involvement

21 in the development of the proposal;

22 ‘‘(F) specify that the institution will use

23 such assistance to strengthen the service infra24 structure in institutions of higher education; or
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1 ‘‘(G) with respect to projects involving de2 livery of service, specify projects that involve

3 leadership development of school-age youth.

4 ‘‘(2) DETERMINATION.—In giving priority to ap5 plicants under paragraph (1), the Corporation shall

6 give increased priority to such an applicant for each

7 characteristic described in subparagraphs (A) through

8 (G) of paragraph (1) that is reflected in the applica9 tion submitted by the applicant.

10 ‘‘(f) NATIONAL SERVICE EDUCATIONAL AWARD.—A

11 participant in a program funded under this part shall be

12 eligible for the national service educational award described

13 in subtitle D, if the participant served in an approved na14 tional service position.

15 ‘‘(g) DEFINITION.—Notwithstanding section 101(28),

16 as used in this part, the term ‘student’ means an individual

17 who is enrolled in an institution of higher education on

18 a full- or part-time basis.

19 ‘‘PART III—GENERAL PROVISIONS

20 ‘‘SEC. 120. AVAILABILITY OF APPROPRIATIONS.

21 ‘‘Of the aggregate amount appropriated to carry out

22 this subtitle for each fiscal year—

23 ‘‘(1) a sum equal to 75 percent of such aggregate

24 amount shall be available to carry out part I, of

25 which—
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1 ‘‘(A) 85 percent of such sum shall be avail2 able to carry out subpart A; and

3 ‘‘(B) 15 percent of such sum shall be avail4 able to carry out subpart B; and

5 ‘‘(2) a sum equal to 25 percent of such aggregate

6 amount shall be available to carry out part II.’’.

7 (c) TABLE OF CONTENTS.—Section 1(b) of the Na8 tional and Community Service Act of 1990 (Public Law

9 101–610; 104 Stat. 3127) is amended by striking the items

10 relating to subtitle B of title I of such Act and inserting

11 the following:

‘‘Subtitle B—School-Based and Community-Based Service-Learning Programs

‘‘PART I—SERVE-AMERICA PROGRAMS

‘‘SUBPART A—SCHOOL-BASED PROGRAMS FOR STUDENTS

‘‘Sec. 111. Authority to assist States and Indian tribes.

‘‘Sec. 111A. Authority to assist local applicants in nonparticipating States.

‘‘Sec. 111B. Authority to assist public or private nonprofit organizations.

‘‘Sec. 112. Grants and allotments.

‘‘Sec. 113. State or tribal applications.

‘‘Sec. 114. Local applications.

‘‘Sec. 115. Consideration of applications.

‘‘Sec. 115A. Participation of students and teachers from private schools.

‘‘Sec. 116. Federal, State, and local contributions.

‘‘Sec. 116A. Limitations on uses of funds.

‘‘Sec. 116B. Definitions.

‘‘SUBPART B—COMMUNITY-BASED SERVICE PROGRAMS FOR SCHOOL-AGE YOUTH

‘‘Sec. 117. Definitions.

‘‘Sec. 117A. General authority.

‘‘Sec. 117B. State applications.

‘‘Sec. 117C. Local applications.

‘‘Sec. 117D. Consideration of applications.

‘‘Sec. 117E. Federal, State, and local contributions.

‘‘Sec. 117F. Limitations on uses of funds.

‘‘SUBPART C—CLEARINGHOUSE

‘‘Sec. 118. Service-learning clearinghouse.
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‘‘PART II—HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY

SERVICE

‘‘Sec. 119. Higher education innovative programs for community service.

‘‘PART III—GENERAL PROVISIONS

‘‘Sec. 120. Availability of appropriations.’’.

1 SEC. 104. QUALITY AND INNOVATION ACTIVITIES.

2 (a) REPEAL.—Subtitle E of title I of the National and

3 Community Service Act of 1990 (42 U.S.C. 12591 et seq.)

4 is repealed.

5 (b) TRANSFER.—Title I of the National and Commu6 nity Service Act of 1990 (42 U.S.C. 12501 et seq.) is amend7 ed—

8 (1) by redesignating subtitle H (42 U.S.C. 12653

9 et seq.) as subtitle E;

10 (2) by inserting subtitle E (as redesignated by

11 paragraph (1) of this subsection) after subtitle D; 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 1990

16 is further amended by adding before subtitle I (as trans17 ferred by section 101(a) of this Act) the following new sub18 title:
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1 ‘‘Subtitle H—Investment for Quality

2 and Innovation

3 ‘‘SEC. 198. ADDITIONAL CORPORATION ACTIVITIES TO SUP4 PORT NATIONAL SERVICE.

5 ‘‘(a) METHODS OF CONDUCTING ACTIVITIES.—The

6 Corporation may carry out this section directly or through

7 grants, contracts, and cooperative agreements with other en8 tities.

9 ‘‘(b) INNOVATION AND QUALITY IMPROVEMENT.—

10 ‘‘(1) ACTIVITIES.—The Corporation may under11 take activities to improve the quality of national serv12 ice programs and to support innovative and model

13 programs, including—

14 ‘‘(A) programs under subtitle B or C for

15 rural youth;

16 ‘‘(B) employer-based retiree programs;

17 ‘‘(C) intergenerational programs;

18 ‘‘(D) programs involving and integrating

19 individuals with disabilities as participants pro20 viding service; and

21 ‘‘(E) programs sponsored by Governors.

22 ‘‘(2) INTERGENERATIONAL PROGRAM.—An

23 intergenerational program referred to in paragraph

24 (1)(C) may include a program in which older adults
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1 provide services to children who participate in Head

2 Start programs.

3 ‘‘(c) SUMMER PROGRAMS.—The Corporation may sup4 port service programs intended to be carried out between

5 May 1 and October 1, except that such a program may also

6 include a year-round component.

7 ‘‘(d) COMMUNITY-BASED AGENCIES.—The Corpora8 tion may provide training and technical assistance and

9 other assistance to service sponsors and other community10 based agencies that provide volunteer placements in order

11 to improve the ability of such agencies to use participants

12 and other volunteers in a manner that results in high-qual13 ity service and a positive service experience for the partici14 pants and volunteers.

15 ‘‘(e) IMPROVE ABILITY TO APPLY FOR ASSISTANCE.—

16 The Corporation shall provide training and technical as17 sistance to individuals, programs, local labor organizations,

18 State educational agencies, State commissions, local edu19 cational agencies, local governments, community-based

20 agencies, and other entities to enable them to apply for

21 funding under one of the national service laws, to conduct

22 high-quality programs, to evaluate such programs, and for

23 other purposes.

24 ‘‘(f) NATIONAL SERVICE FELLOWSHIPS.—The Cor25 poration may award national service fellowships.
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1 ‘‘(g) CONFERENCES AND MATERIALS.—The Corpora2 tion may organize and hold conferences, and prepare and

3 publish materials, to disseminate information and promote

4 the sharing of information among programs for the purpose

5 of improving the quality of programs and projects.

6 ‘‘(h) PEACE CORPS AND VISTA TRAINING.—The Cor7 poration may provide training assistance to selected indi8 viduals who volunteer to serve in the Peace Corps or a pro9 gram authorized under title I of the Domestic Volunteer

10 Service Act of 1973 (42 U.S.C. 4951 et seq.). The training

11 shall be provided as part of the course of study of the indi12 vidual at an institution of higher education, shall involve

13 service-learning, and shall cover appropriate skills that the

14 individual will use in the Peace Corps or VISTA.

15 ‘‘(i) PROMOTION AND RECRUITMENT.—The Corpora16 tion may conduct a campaign to solicit funds for the Na17 tional Service Trust and other programs and activities au18 thorized under the national service laws and to promote and

19 recruit participants for programs that receive assistance

20 under the national service laws.

21 ‘‘(j) TRAINING.—The Corporation may support na22 tional and regional participant and supervisor training,

23 including leadership training and training in specific types

24 of service and in building the ethic of civic responsibility.
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1 ‘‘(k) RESEARCH.—The Corporation may support re2 search on national service, including service-learning.

3 ‘‘(l) INTERGENERATIONAL SUPPORT.—The Corpora4 tion may assist programs in developing a service compo5 nent that combines students, out-of-school youths, and older

6 adults as participants to provide needed community serv7 ices.

8 ‘‘(m) PLANNING COORDINATION.—The Corporation

9 may coordinate community-wide planning among pro10 grams and projects.

11 ‘‘(n) YOUTH LEADERSHIP.—The Corporation may

12 support activities to enhance the ability of youth and young

13 adults to play leadership roles in national service.

14 ‘‘(o) NATIONAL PROGRAM IDENTITY.—The Corpora15 tion may support the development and dissemination of

16 materials, including training materials, and arrange for

17 uniforms and insignia, designed to promote unity and

18 shared features among programs that receive assistance

19 under the national service laws.

20 ‘‘(p) SERVICE-LEARNING.—The Corporation shall sup21 port innovative programs and activities that promote serv22 ice-learning.

23 ‘‘SEC. 198A. CLEARINGHOUSES.

24 ‘‘(a) ASSISTANCE.—The Corporation shall provide as25 sistance to appropriate entities to establish one or more
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1 clearinghouses, including the clearinghouse described in sec2 tion 118.

3 ‘‘(b) APPLICATION.—To be eligible to receive assistance

4 under subsection (a), an entity shall submit an application

5 to the Corporation at such time, in such manner, and con6 taining such information as the Corporation may require.

7 ‘‘(c) FUNCTION OF CLEARINGHOUSES.—An entity that

8 receives assistance under subsection (a) may—

9 ‘‘(1) assist entities carrying out State or local

10 community service programs with needs assessments

11 and planning;

12 ‘‘(2) conduct research and evaluations concern13 ing community service;

14 ‘‘(3)(A) provide leadership development and

15 training to State and local community service pro16 gram administrators, supervisors, and participants;

17 and

18 ‘‘(B) provide training to persons who can pro19 vide the leadership development and training de20 scribed in subparagraph (A);

21 ‘‘(4) facilitate communication among entities

22 carrying out community service programs and par23 ticipants;

24 ‘‘(5) provide information, curriculum materials,

25 technical assistance relating to planning and oper-
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1 ation of community service programs, to States and

2 local entities eligible to receive funds under this title;

3 ‘‘(6)(A) gather and disseminate information on

4 successful community service programs, components of

5 such successful programs, innovative youth skills cur6 riculum, and community service projects; and

7 ‘‘(B) coordinate the activities of the clearing8 house with appropriate entities to avoid duplication

9 of effort;

10 ‘‘(7) make recommendations to State and local

11 entities on quality controls to improve the delivery of

12 community service programs and on changes in the

13 programs under this title; and

14 ‘‘(8) carry out such other activities as the Chair15 person determines to be appropriate.

16 ‘‘SEC. 198B. PRESIDENTIAL AWARDS FOR SERVICE.

17 ‘‘(a) PRESIDENTIAL AWARDS.—

18 ‘‘(1) IN GENERAL.—The President, acting

19 through the Corporation, may make Presidential

20 awards for service to individuals providing signifi21 cant service, and to outstanding service programs.

22 ‘‘(2) INDIVIDUALS AND PROGRAMS.—Notwith23 standing section 101(17)—
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1 ‘‘(A) an individual receiving an award

2 under this subsection need not be a participant

3 in a program authorized under this Act; and

4 ‘‘(B) a program receiving an award under

5 this subsection need not be a program authorized

6 under this Act.

7 ‘‘(3) NATURE OF AWARD.—In making an award

8 under this section to an individual or program, the

9 President, acting through the Corporation—

10 ‘‘(A) is authorized to incur necessary ex11 penses for the honorary recognition of the indi12 vidual or program; and

13 ‘‘(B) is not authorized to make a cash

14 award to such individual or program.

15 ‘‘(b) INFORMATION.—The President, acting through the

16 Corporation, shall ensure that information concerning indi17 viduals and programs receiving awards under this section

18 is widely disseminated.

19 ‘‘SEC. 198C. ASSISTANCE FOR HEAD START.

20 ‘‘Under section 198, the Corporation may make grants

21 to, and contracts and cooperative agreements with, public

22 and nonprofit private agencies and organizations that re23 ceive grants and contracts under the Foster Grandparent

24 Program (part B of title II of the Domestic Volunteer Serv25 ice Act of 1973), for projects of the type described in section
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1 211(a) of such Act operating under memoranda of agree2 ment with the ACTION Agency, for the purpose of increas3 ing the number of low-income individuals who provide serv4 ices under such program to children who participate in

5 Head Start programs.’’.

6 (d) TABLE OF CONTENTS.—

7 (1) CIVILIAN COMMUNITY CORPS.—Section 1(b)

8 of the National and Community Service Act of 1990

9 (Public Law 101–610; 104 Stat. 3127) is amended by

10 striking the items relating to subtitle E of title I of

11 such Act and inserting the following:

‘‘Subtitle E—Civilian Community Corps

‘‘Sec. 151. Purpose.

‘‘Sec. 152. Establishment of Civilian Community Corps Demonstration Program.

‘‘Sec. 153. National service program.

‘‘Sec. 154. Summer national service program.

‘‘Sec. 155. Civilian Community Corps.

‘‘Sec. 156. Training.

‘‘Sec. 157. Service projects.

‘‘Sec. 158. Authorized benefits for Corps members.

‘‘Sec. 159. Administrative provisions.

‘‘Sec. 160. Status of Corps members and Corps personnel under Federal law.

‘‘Sec. 161. Contract and grant authority.

‘‘Sec. 162. Responsibilities of other departments.

‘‘Sec. 163. Advisory board.

‘‘Sec. 164. Annual evaluation.

‘‘Sec. 165. Funding limitation.

‘‘Sec. 166. Definitions.’’.

12 (2) QUALITY AND INNOVATION.—Section 1(b) of

13 the National and Community Service Act of 1990

14 (Public Law 101–610; 104 Stat. 3127) is amended by

15 striking the items relating to subtitle H of title I of

16 such Act and inserting the following:
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‘‘Subtitle H—Investment for Quality and Innovation

‘‘Sec. 198. Additional corporation activities to support national service.

‘‘Sec. 198A. Clearinghouses.

‘‘Sec. 198B. Presidential awards for service.

‘‘Sec. 198C. Assistance for Head Start.’’.

1 (e) TECHNICAL AND CONFORMING AMENDMENTS.—

2 (1) NATIONAL DEFENSE AUTHORIZATION ACT

3 FOR FISCAL YEAR 1993.—

4 (A) Section 1091(f)(2) of the National De5 fense Authorization Act for Fiscal Year 1993

6 (Public Law 102–484) is amended by striking

7 ‘‘195G’’ and inserting ‘‘158’’.

8 (B) Paragraphs (1) and (2) of section

9 1092(b), and sections 1092(c), 1093(a), and

10 1094(a) of such Act are amended by striking

11 ‘‘195A’’ and inserting ‘‘152’’.

12 (C) Sections 1091(f)(2), 1092(b)(1), and

13 1094(a), and subsections (a) and (c) of section

14 1095 of such Act are amended by striking ‘‘sub15 title H’’ and inserting ‘‘subtitle E’’.

16 (D) Section 1094(b)(1) and subsections (b)

17 and (c)(1) of section 1095 of such Act are

18 amended by striking ‘‘subtitles B, C, D, E, F,

19 and G’’ and inserting ‘‘subtitles B, C, D, F, G,

20 and H’’.

21 (2) NATIONAL AND COMMUNITY SERVICE ACT OF

22 1990.—
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1 (A) Section 153(a) of the National and

2 Community Service Act of 1990 (as redesignated

3 in subsection (b)(3) of this section) (42 U.S.C.

4 12653b(a)) is amended by striking ‘‘195A(a)’’

5 and inserting ‘‘152(a)’’.

6 (B) Section 154(a) of such Act (as redesig7 nated in subsection (b)(3) of this section) (42

8 U.S.C. 12653c(a)) is amended by striking

9 ‘‘195A(a)’’ and inserting ‘‘152(a)’’.

10 (C) Section 155 of such Act (as redesignated

11 in subsection (b)(3) of this section) (42 U.S.C.

12 12653d) is amended—

13 (i) in subsection (a), by striking

14 ‘‘195H(c)(1)’’ and inserting ‘‘159(c)(1)’’;

15 (ii) in subsection (c)(2), by striking

16 ‘‘195H(c)(2)’’ and inserting ‘‘159(c)(2)’’;

17 and

18 (iii) in subsection (d)(3), by striking

19 ‘‘195K(a)(3)’’ and inserting ‘‘162(a)(3)’’.

20 (D) Section 156 of such Act (as redesig21 nated in subsection (b)(3) of this section) (42

22 U.S.C. 12653e) is amended—

23 (i) in subsection (c)(1), by striking

24 ‘‘195H(c)(2)’’ and inserting ‘‘159(c)(2)’’;

25 and
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1 (ii) in subsection (d), by striking

2 ‘‘195K(a)(3)’’ and inserting ‘‘162(a)(3)’’.

3 (E) Section 159 of such Act (as redesignated

4 in subsection (b)(3) of this section) (42 U.S.C.

5 12653h) is amended—

6 (i) in subsection (a)—

7 (I) by striking ‘‘195A’’ and insert8 ing ‘‘152’’; and

9 (II) by striking ‘‘195’’ and insert10 ing ‘‘151’’; and

11 (ii) in subsection (c)(2)(C)(i), by strik12 ing ‘‘195K(a)(2)’’ and inserting

13 ‘‘162(a)(2)’’.

14 (F) Section 161(b)(1)(B) of such Act (as re15 designated in subsection (b)(3) of this section)

16 (42 U.S.C. 12653j(b)(1)(B)) is amended by strik17 ing ‘‘195K(a)(3)’’ and inserting ‘‘162(a)(3)’’.

18 (G) Section 162(a)(2)(A) of such Act (as re19 designated in subsection (b)(3) of this section)

20 (42 U.S.C. 12653k(a)(2)(A)) is amended by

21 striking ‘‘195(3)’’ and inserting ‘‘151(3)’’.

22 (H) Section 166 of such Act (as redesig23 nated in subsection (b)(3) of this section) (42

24 U.S.C. 12653o) is amended—
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1 (i) in paragraph (2), by striking

2 ‘‘195D’’ and inserting ‘‘155’’;

3 (ii) in paragraph (8), by striking

4 ‘‘195A’’ and inserting ‘‘152’’;

5 (iii) in paragraph (10), by striking

6 ‘‘195D(d)’’ and inserting ‘‘155(d)’’; and

7 (iv) in paragraph (11), by striking

8 ‘‘195D(c)’’ and inserting ‘‘155(c)’’.

9 (f) EXTENSION OF AUTHORITY TO CONDUCT CIVILIAN

10 COMMUNITY CORPS.—Section 1092(c) of the National De11 fense Authorization Act for Fiscal Year 1993 (Public Law

12 102–484; 106 Stat. 2534), as amended by subsection (e)(1)

13 of this section, is further amended by adding at the end

14 the following new sentence: ‘‘The amount made available

15 for the Civilian Community Corps Demonstration Program

16 pursuant to this subsection shall remain available for ex17 penditure during fiscal years 1993 and 1994.’’.

18 (g) ADDITIONAL AMENDMENT REGARDING CIVILIAN

19 COMMUNITY CORPS.—Section 158 of the National and

20 Community Service Act of 1990 (as redesignated in sub21 section (b)(3) of this section) (42 U.S.C. 12653g) is amend22 ed by striking subsections (f), (g), and (h) and inserting

23 the following new subsections:

24 ‘‘(f) NATIONAL SERVICE EDUCATIONAL AWARDS.—A

25 Corps member who successfully completes a period of agreed
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1 service in the Corps may receive the national service edu2 cational award described in subtitle D if the Corps mem3 ber—

4 ‘‘(1) serves in an approved national service posi5 tion; and

6 ‘‘(2) satisfies the eligibility requirements speci7 fied in section 146 with respect to service in that ap8 proved national service position.

9 ‘‘(g) ALTERNATIVE BENEFIT.—If a Corps member who

10 successfully completes a period of agreed service in the

11 Corps is ineligible for the national service educational

12 award described in subtitle D, the Director may provide

13 for the provision of a suitable alternative benefit for the

14 Corps member.’’.

15 SEC. 105. PUBLIC LANDS CORPS.

16 Public Law 91–378 (16 U.S.C. 1701–1706; commonly

17 known as the Youth Conservation Corps Act of 1970) is

18 amended—

19 (1) by inserting before section 1 the following:

20 ‘‘TITLE I—YOUTH

21 CONSERVATION CORPS’’;

22 (2) by striking ‘‘Act’’ each place it appears and

23 inserting ‘‘title’’;

24 (3) by redesignating sections 1 through 6 as sec25 tions 101 through 106, respectively;
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1 (4) in section 102 (as so redesignated), by insert2 ing ‘‘in this title’’ after ‘‘hereinafter’’ in subsection

3 (a);

4 (5) in section 104 (as so redesignated), by strik5 ing ‘‘section 6’’ in subsection (d) and inserting ‘‘sec6 tion 106’’; and

7 (6) by adding at the end the following new title:

8 ‘‘TITLE II—PUBLIC LANDS CORPS

9 ‘‘SEC. 201. SHORT TITLE.

10 ‘‘This title may be cited as the ‘Public Lands Corps

11 Act of 1993’.

12 ‘‘SEC. 202. CONGRESSIONAL FINDINGS AND PURPOSE.

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

14 ‘‘(1) Conserving or developing natural and cul15 tural resources and enhancing and maintaining envi16 ronmentally important lands and waters through the

17 use of the Nation’s young men and women in a Pub18 lic Lands Corps can benefit those men and women by

19 providing them with education and work opportuni20 ties, furthering their understanding and appreciation

21 of the natural and cultural resources, and providing

22 a means to pay for higher education or to repay in23 debtedness they have incurred to obtain higher edu24 cation while at the same time benefiting the Nation’s

25 economy and its environment.
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1 ‘‘(2) Many facilities and natural resources lo2 cated on eligible service lands are in disrepair or de3 graded and in need of labor intensive rehabilitation,

4 restoration, and enhancement work which cannot be

5 carried out by Federal agencies at existing personnel

6 levels.

7 ‘‘(3) Youth conservation corps have established a

8 good record of restoring and maintaining these kinds

9 of facilities and resources in a cost effective and effi10 cient manner, especially when they have worked in

11 partnership arrangements with government land

12 management agencies.

13 ‘‘(b) PURPOSE.—It is the purpose of this title to—

14 ‘‘(1) perform, in a cost-effective manner, appro15 priate conservation projects on eligible service lands

16 where such projects will not be performed by existing

17 employees;

18 ‘‘(2) assist governments and Indian tribes in

19 performing research and public education tasks asso20 ciated with natural and cultural resources on eligible

21 service lands;

22 ‘‘(3) expose young men and women to public

23 service while furthering their understanding and ap24 preciation of the nation’s natural and cultural re25 sources;
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1 ‘‘(4) expand educational opportunities by re2 warding individuals who participate in national

3 service with an increased ability to pursue higher

4 education or job training; and

5 ‘‘(5) stimulate interest among the nation’s young

6 men and women in conservation careers by exposing

7 them to conservation professionals in land managing

8 agencies.

9 ‘‘SEC. 203. DEFINITIONS.

10 ‘‘For purposes of this title:

11 ‘‘(1) The term ‘appropriate conservation project’

12 means any project for the conservation, restoration,

13 construction or rehabilitation of natural, cultural,

14 historic, archaeological, recreational, or scenic re15 sources.

16 ‘‘(2) The terms ‘Corps’ and ‘Public Lands Corps’

17 mean the Public Lands Corps established under sec18 tion 204.

19 ‘‘(3) The term ‘eligible service lands’ means pub20 lic lands, Indian lands, and Hawaiian home lands.

21 ‘‘(4) The term ‘Hawaiian home lands’ means all

22 lands given the status of Hawaiian home lands under

23 section 204 of the Hawaiian Homes Commission Act,

24 1920 (42 Stat. 110), or under the corresponding pro25 vision of the Constitution of the State of Hawaii
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1 adopted under section 4 of the Act entitled ‘An Act

2 to provide for the admission of the State of Hawaii

3 into the Union’, approved March 18, 1959 (Public

4 Law 86–3; 73 Stat. 5).

5 ‘‘(5) The term ‘Indian tribe’ means an Indian

6 tribe, band, nation, or other organized group or com7 munity, including any Native village, Regional Cor8 poration, or Village Corporation, as defined in sub9 section (c), (g), or (j), respectively, of section 3 of the

10 Alaska Native Claims Settlement Act (43 U.S.C. 1602

11 (c), (g), or (j)), that is recognized as eligible for the

12 special programs and services provided by the United

13 States under Federal law to Indians because of their

14 status as Indians.

15 ‘‘(6) The term ‘Indian’ means a person who is

16 a member of an Indian tribe.

17 ‘‘(7) The term ‘Indian lands’ means—

18 ‘‘(A) any Indian reservation;

19 ‘‘(B) any public domain Indian allotments;

20 ‘‘(C) any former Indian reservation in the

21 State of Oklahoma;

22 ‘‘(D) any land held by incorporated Native

23 groups, regional corporations, and village cor24 porations under the Alaska Native Claims Settle25 ment Act (43 U.S.C. 1701 et seq.); and
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1 ‘‘(E) any land held by dependent Indian

2 communities within the borders of the United

3 States whether within the original or subse4 quently acquired territory thereof, and whether

5 within or without the limits of a State.

6 ‘‘(8) The term ‘public lands’ means any lands or

7 waters (or interest therein) owned or administered by

8 the United States, except that such term does not in9 clude any Indian lands.

10 ‘‘(9) The term ‘qualified youth or conservation

11 corps’ means any program established by a State or

12 local government, by the governing body of any In13 dian tribe, or by a nonprofit organization that—

14 ‘‘(A) is capable of offering meaningful, full15 time, productive work for individuals between

16 the ages of 16 and 25, inclusive, in a natural or

17 cultural resource setting;

18 ‘‘(B) gives participants a mix of work expe19 rience, basic and life skills, education, training,

20 and support services; and

21 ‘‘(C) provides participants with the oppor22 tunity to develop citizenship values and skills

23 through service to their community and the

24 United States.
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1 ‘‘(10) The term ‘resource assistant’ means a re2 source assistant selected under section 206.

3 ‘‘(11) The term ‘State’ means any State of the

4 United States, the District of Columbia, the Common5 wealth of Puerto Rico, Guam, the Virgin Islands of

6 the United States, American Samoa, and the Com7 monwealth of the Northern Mariana Islands.

8 ‘‘SEC. 204. PUBLIC LANDS CORPS PROGRAM.

9 ‘‘(a) ESTABLISHMENT OF PUBLIC LANDS CORPS.—

10 There is hereby established in the Department of the Inte11 rior and the Department of Agriculture a Public Lands

12 Corps.

13 ‘‘(b) PARTICIPANTS.—The Corps shall consist of indi14 viduals between the ages of 16 and 25, inclusive, who are

15 enrolled as participants in the Corps by the Secretary of

16 the Interior or the Secretary of Agriculture. To be eligible

17 for enrollment in the Corps, an individual shall satisfy the

18 criteria specified in section 137(b) of the National and

19 Community Service Act of 1990. The Secretaries may enroll

20 such individuals in the Corps without regard to the civil

21 service and classification laws, rules, or regulations of the

22 United States. The Secretaries may establish a preference

23 for the enrollment in the Corps of individuals who are eco24 nomically, physically, or educationally disadvantaged.
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1 ‘‘(c) QUALIFIED YOUTH OR CONSERVATION CORPS.—

2 The Secretary of the Interior and the Secretary of Agri3 culture are authorized to enter into contracts and coopera4 tive agreements with any qualified youth or conservation

5 corps to perform appropriate conservation projects referred

6 to in subsection (d).

7 ‘‘(d) PROJECTS TO BE CARRIED OUT.—The Secretary

8 of the Interior and the Secretary of Agriculture may each

9 utilize the Corps or any qualified youth or conservation

10 corps to carry out appropriate conservation projects which

11 such Secretary is authorized to carry out under other au12 thority of law on public lands. Appropriate conservation

13 projects may also be carried out under this title on Indian

14 lands with the approval of the Indian tribe involved and

15 on Hawaiian home lands with the approval of the Depart16 ment of Hawaiian Home Lands of the State of Hawaii.

17 ‘‘(e) PREFERENCE FOR CERTAIN PROJECTS.—In se18 lecting appropriate conservation projects to be carried out

19 under this title, the Secretary of the Interior and the Sec20 retary of Agriculture shall give preference to those projects

21 which—

22 ‘‘(1) will provide long-term benefits to the public;

23 ‘‘(2) will instill in the enrollee involved a work

24 ethic and a sense of public service;

25 ‘‘(3) will be labor intensive;
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1 ‘‘(4) can be planned and initiated promptly; and

2 ‘‘(5) will provide academic, experiential, or envi3 ronmental education opportunities.

4 ‘‘(f) CONSISTENCY.—Each appropriate conservation

5 project carried out under this title on eligible service lands

6 shall be consistent with the provisions of law and policies

7 relating to the management and administration of such

8 lands, with all other applicable provisions of law, and with

9 all management, operational, and other plans and docu10 ments which govern the administration of the area.

11 ‘‘SEC. 205. CONSERVATION CENTERS.

12 ‘‘(a) ESTABLISHMENT AND USE.—The Secretary of the

13 Interior and the Secretary of Agriculture are each author14 ized to provide such quarters, board, medical care, transpor15 tation, and other services, facilities, supplies, and equip16 ment as such Secretary deems necessary in connection with

17 the Public Lands Corps and appropriate conservation

18 projects carried out under this title and to establish and

19 use conservation centers owned and operated by such Sec20 retary for purposes of the Corps and such projects. The Sec21 retaries shall establish basic standards of health, nutrition,

22 sanitation, and safety for all conservation centers estab23 lished under this section and shall assure that such stand24 ards are enforced. Where necessary or appropriate, the Sec25 retaries may enter into contracts and other appropriate ar-
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1 rangements with State and local government agencies and

2 private organizations for the management of such conserva3 tion centers.

4 ‘‘(b) LOGISTICAL SUPPORT.—The Secretary of the In5 terior and the Secretary of Agriculture may make arrange6 ments with the Secretary of Defense to have logistical sup7 port provided by the Armed Forces to the Corps and any

8 conservation center established under this section, where

9 feasible. Logistical support may include the provision of

10 temporary tent shelters where needed, transportation, and

11 residential supervision.

12 ‘‘(c) USE OF MILITARY INSTALLATIONS.—The Sec13 retary of the Interior and the Secretary of Agriculture may

14 make arrangements with the Secretary of Defense to iden15 tify military installations and other facilities of the Depart16 ment of Defense and, in consultation with the adjutant gen17 erals of the State National Guards, National Guard facili18 ties that may be used, in whole or in part, by the Corps

19 for training or housing Corps participants.

20 ‘‘SEC. 206. RESOURCE ASSISTANTS.

21 ‘‘(a) AUTHORIZATION.—The Secretary of the Interior

22 and the Secretary of Agriculture are each authorized to pro23 vide individual placements of resource assistants with any

24 Federal land managing agency under the jurisdiction of

25 such Secretary to carry out research or resource protection
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1 activities on behalf of the agency. To be eligible for selection

2 as a resource assistant, an individual must be at least 17

3 years of age. The Secretaries may select resource assistants

4 without regard to the civil service and classification laws,

5 rules, or regulations of the United States. The Secretaries

6 shall give a preference to the selection of individuals who

7 are enrolled in an institution of higher education or are

8 recent graduates from an institution of higher education,

9 with particular attention given to ensure full representation

10 of women and participants from historically black, His11 panic, and Native American schools.

12 ‘‘(b) USE OF EXISTING NONPROFIT ORGANIZATIONS.—

13 Whenever one or more existing nonprofit organizations can

14 provide, in the judgment of the Secretary of the Interior

15 or the Secretary of Agriculture, appropriate recruitment

16 and placement services to fulfill the requirements of this sec17 tion, the Secretary may implement this section through

18 such existing organizations. Participating nonprofit orga19 nizations shall contribute to the expenses of providing and

20 supporting the resource assistants, through private sources

21 of funding, at a level equal to 25 percent of the total costs

22 of each participant in the Resource Assistant program who

23 has been recruited and placed through that organization.

24 Any such participating nonprofit conservation service orga25 nization shall be required, by the respective land managing
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1 agency, to submit an annual report evaluating the scope,

2 size, and quality of the program, including the value of

3 work contributed by the Resource Assistants, to the mission

4 of the agency.

5 ‘‘SEC. 207. LIVING ALLOWANCES AND TERMS OF SERVICE.

6 ‘‘(a) LIVING ALLOWANCES.—The Secretary of the Inte7 rior and the Secretary of Agriculture shall provide each

8 participant in the Public Lands Corps and each resource

9 assistant with a living allowance in an amount not to ex10 ceed the maximum living allowance authorized by section

11 140(a)(3) of the National and Community Service Act of

12 1990 for participants in a national service program as13 sisted under subtitle C of title I of such Act.

14 ‘‘(b) TERMS OF SERVICE.—Each participant in the

15 Corps and each resource assistant shall agree to participate

16 in the Corps or serve as a resource assistant, as the case

17 may be, for such term of service as may be established by

18 the Secretary enrolling or selecting the individual.

19 ‘‘SEC. 208. NATIONAL SERVICE EDUCATIONAL AWARDS.

20 ‘‘(a) EDUCATIONAL BENEFITS AND AWARDS.—If a

21 participant in the Public Lands Corps or a resource assist22 ant also serves in an approved national service position des23 ignated under subtitle C of title I of the National and Com24 munity Service Act of 1990, the participant or resource as25 sistant shall be eligible for a national service educational
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1 award in the manner prescribed in subtitle D of such title

2 upon successfully complying with the requirements for the

3 award. The period during which the national service edu4 cational award may be used, the purposes for which the

5 award may be used, and the amount of the award shall

6 be determined as provided under such subtitle.

7 ‘‘(b) FORBEARANCE IN THE COLLECTION OF STAFFORD

8 LOANS.—For purposes of section 428 of the Higher Edu9 cation Act of 1965, in the case of borrowers who are either

10 participants in the Corps or resource assistants, upon writ11 ten request, a lender shall grant a borrower forbearance on

12 such terms as are otherwise consistent with the regulations

13 of the Secretary of Education, during periods in which

14 the borrower is serving as such a participant or a resource

15 assistant.

16 ‘‘SEC. 209. NONDISPLACEMENT.

17 ‘‘The nondisplacement requirements of section 177 of

18 the National and Community Service Act of 1990 shall be

19 applicable to all activities carried out by the Public Lands

20 Corps, to all activities carried out under this title by a

21 qualified youth or conservation corps, and to the selection

22 and service of resource assistants.

23 ‘‘SEC. 210. FUNDING.

24 ‘‘(a) COST SHARING.—
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1 ‘‘(1) PROJECTS BY QUALIFIED YOUTH OR CON2 SERVATION CORPS.—The Secretary of the Interior and

3 the Secretary of Agriculture are each authorized to

4 pay not more than 75 percent of the costs of any ap5 propriate conservation project carried out pursuant to

6 this title on public lands by a qualified youth or con7 servation corps. The remaining 25 percent of the costs

8 of such a project may be provided from nonfederal

9 sources in the form of funds, services, facilities, mate10 rials, equipment, or any combination of the foregoing.

11 No cost sharing shall be required in the case of any

12 appropriate conservation project carried out on In13 dian lands or Hawaiian home lands under this title.

14 ‘‘(2) PUBLIC LANDS CORPS PROJECTS.—The Sec15 retary of the Interior and the Secretary of Agriculture

16 are each authorized to accept donations of funds, serv17 ices, facilities, materials, or equipment for the pur18 poses of operating the Public Lands Corps and carry19 ing out appropriate conservation projects by the

20 Corps. However, nothing in this title shall be con21 strued to require any cost sharing for any project car22 ried out directly by the Corps.

23 ‘‘(b) FUNDS AVAILABLE UNDER NATIONAL AND COM24 MUNITY SERVICE ACT.—In order to carry out the Public

25 Lands Corps or to support resource assistants and qualified
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1 youth or conservation corps under this title, the Secretary

2 of the Interior and the Secretary of Agriculture shall be eli3 gible to apply for and receive assistance under section

4 121(b) of the National and Community Service Act of 1990.

5 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are

6 authorized to be appropriated such sums as may be nec7 essary to carry out this title.’’.

8 SEC. 106. URBAN YOUTH CORPS.

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

10 (1) The rehabilitation, reclamation, and beautifi11 cation of urban public housing, recreational sites,

12 youth and senior centers, and public roads and public

13 works facilities through the efforts of young people in

14 the United States in an Urban Youth Corps can bene15 fit these youths, while also benefiting their commu16 nities, by—

17 (A) providing them with education and

18 work opportunities;

19 (B) furthering their understanding and ap20 preciation of the challenges faced by individuals

21 residing in urban communities; and

22 (C) providing them with a means to pay for

23 higher education or to repay indebtedness they

24 have incurred to obtain higher education.
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1 (2) A significant number of housing units for

2 low-income individuals in urban areas has become

3 substandard and unsafe and the deterioration of

4 urban roadways, mass transit systems, and transpor5 tation facilities in the United States have contributed

6 to the blight encountered in many cities in the United

7 States.

8 (3) As a result, urban housing, public works, and

9 transportation resources are in need of labor intensive

10 rehabilitation, reclamation, and beautification work

11 that has been neglected in the past and cannot be ade12 quately carried out by Federal, State, and local gov13 ernment at existing personnel levels.

14 (4) Urban youth corps have established a good

15 record of rehabilitating, reclaiming, and beautifying

16 these kinds of resources in a cost efficient manner, es17 pecially when they have worked in partnership with

18 government housing, public works, and transportation

19 authorities and agencies.

20 (b) PURPOSE.—It is the purpose of this section—

21 (1) to perform, in a cost-effective manner, appro22 priate service projects to rehabilitate, reclaim, beau23 tify, and improve public housing and public works

24 and transportation facilities and resources in urban
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1 areas suffering from high rates of poverty where work

2 will not be performed by existing employees;

3 (2) to assist government housing, public works,

4 and transportation authorities and agencies;

5 (3) to expose young people in the United States

6 to public service while furthering their understanding

7 and appreciation of their community;

8 (4) to expand educational opportunity for indi9 viduals who participate in the Urban Youth Corps es10 tablished by this section by providing them with an

11 increased ability to pursue postsecondary education

12 or job training; and

13 (5) to stimulate interest among young people in

14 the United States in lifelong service to their commu15 nities and the United States.

16 (c) DEFINITIONS.—For purposes of this section:

17 (1) The term ‘‘appropriate service project’’

18 means any project for the rehabilitation, reclamation,

19 or beautification of urban public housing and public

20 works and transportation resources or facilities.

21 (2) The term ‘‘Corps’’ and ‘‘Urban Youth Corps’’

22 mean the Urban Youth Corps established under sub23 section (d)(1).
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1 (3) The term ‘‘qualified urban youth corps’’

2 means any program established by a State or local

3 government or by a nonprofit organization that—

4 (A) is capable of offering meaningful, full5 time, productive work for individuals between

6 the ages of 16 and 25, inclusive, in an urban or

7 public works or transportation setting;

8 (B) gives participants a mix of work expe9 rience, basic and life skills, education, training,

10 and support services; and

11 (C) provides participants with the oppor12 tunity to develop citizenship values and skills

13 through service to their communities and the

14 United States.

15 (4) The term ‘‘State’’ means any State of the

16 United States, the District of Columbia, the Common17 wealth of Puerto Rico, Guam, the Virgin Islands of

18 the United States, American Samoa, and the Com19 monwealth of the Northern Mariana Islands.

20 (d) ESTABLISHMENT OF URBAN YOUTH CORPS.—

21 (1) ESTABLISHMENT.—There is hereby estab22 lished in the appropriate executive departments of the

23 Federal Government an Urban Youth Corps. The

24 Corps shall consist of individuals between the ages of

25 16 and 25, inclusive, who are enrolled as participants
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1 in the Corps by the Secretaries of such departments.

2 To be eligible for enrollment in the Corps, an individ3 ual shall satisfy the criteria specified in section

4 139(b) of the National and Community Service Act of

5 1990. The Secretaries may enroll such individuals in

6 the Corps without regard to the civil service and clas7 sification laws, rules, or regulations of the United

8 States. The Secretaries may establish a preference for

9 the enrollment in the Corps of individuals who are

10 economically, physically, or educationally disadvan11 taged.

12 (2) USE OF QUALIFIED URBAN YOUTH CORPS.—

13 The Secretaries are authorized to enter into contracts

14 and cooperative agreements with any qualified urban

15 youth corps to perform appropriate service projects

16 described in paragraph (3).

17 (3) SERVICE PROJECTS.—The Secretaries may

18 each utilize the Corps or any qualified urban youth

19 corps to carry out appropriate service projects that

20 the Secretary involved is authorized to carry out

21 under other authority of law involving public housing

22 projects or public works resources or facilities.

23 (4) PREFERENCE FOR CERTAIN PROJECTS.—In

24 selecting an appropriate service project to be carried
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1 out under this section, the Secretaries shall give a

2 preference to those projects which—

3 (A) will provide long-term benefits to the

4 public;

5 (B) will instill in the participant a work

6 ethic and a sense of public service;

7 (C) will be labor intensive;

8 (D) can be planned and initiated promptly;

9 and

10 (E) will provide academic, experiential, or

11 community education opportunities.

12 (5) CONSISTENCY.—Each appropriate service

13 project carried out under this section in any public

14 housing project or public works resource or facility

15 shall be consistent with the provisions of law and

16 policies relating to the management and administra17 tion of such projects, facilities, or resources, with all

18 other applicable provisions of law, and with all man19 agement, operational, and other plans and documents

20 which govern the administration of such projects, fa21 cilities, or resources.

22 (e) LIVING ALLOWANCES.—The Secretaries shall pro23 vide each participant in the Urban Youth Corps with a liv24 ing allowance in an amount not to exceed the maximum

25 living allowance authorized by section 140(a)(3) of the Na-
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1 tional and Community Service Act of 1990 for participants

2 in a national service program assisted under subtitle C of

3 title I of such Act.

4 (f) TERMS OF SERVICE.—Each participant in the

5 Urban Youth Corps shall agree to participate in the Corps

6 for a term of service established by the Secretary involved,

7 consistent with the terms of service required under section

8 139(b) of the National and Community Service Act of 1990

9 for participants in a national service program assisted

10 under subtitle C of title I of such Act.

11 (g) EDUCATIONAL AWARDS.—

12 (1) ELIGIBILITY.—Each participant in the

13 Urban Youth Corps shall be eligible for a national

14 service educational award in the manner prescribed

15 in subtitle D of title I of the National and Commu16 nity Service Act of 1990 if such participant complies

17 with such requirements as may be established under

18 this subtitle by the Secretary involved respecting eligi19 bility for the award. The period during which the

20 award may be used, the purposes for which the award

21 may be used, and the amount of the award shall be

22 determined as provided under such subtitle.

23 (2) FORBEARANCE IN THE COLLECTION OF STAF24 FORD LOANS.—For purposes of section 428 of the

25 Higher Education Act of 1965, in the case of borrow-
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1 ers who are participants in the Urban Youth Corps,

2 upon written request, a lender shall grant a borrower

3 forbearance on such terms as are otherwise consistent

4 with the regulations of the Secretary of Education,

5 during periods in which the borrower is serving as

6 such a participant and eligible for a national service

7 educational award under paragraph (1).

8 (h) NONDISPLACEMENT.—The nondisplacement re9 quirements of section 177 of the National and Community

10 Service Act of 1990 shall be applicable to all activities car11 ried out by the Urban Youth Corps and to all activities

12 carried out under this section by a qualified urban youth

13 corps.

14 (i) COST SHARING.—

15 (1) PROJECTS BY QUALIFIED URBAN YOUTH

16 CORPS.—The Secretaries are each authorized to pay

17 not more than 75 percent of the costs of any appro18 priate service project carried out pursuant to this sec19 tion by a qualified urban youth corps. The remaining

20 25 percent of the costs of such a project may be pro21 vided from nonfederal sources in the form of funds,

22 services, facilities, materials, equipment, or any com23 bination of the foregoing.

24 (2) DONATIONS.—The Secretaries are each au25 thorized to accept donations of funds, services, facili-
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1 ties, materials, or equipment for the purposes of oper2 ating the Urban Youth Corps and carrying out ap3 propriate service projects by the Corps. However,

4 nothing in this section shall be construed to require

5 any cost sharing for any project carried out directly

6 by the Corps.

7 (3) FUNDS AVAILABLE UNDER NATIONAL AND

8 COMMUNITY SERVICE ACT.—In order to carry out the

9 Urban Youth Corps or to support qualified urban

10 youth corps under this section, the Secretaries shall be

11 eligible to apply for and receive assistance under sec12 tion 121(b) of the National and Community Service

13 Act of 1990.

14 (4) AUTHORIZATION OF APPROPRIATIONS.—

15 There are authorized to be appropriated such sums as

16 may be necessary to carry out this section.

17 Subtitle B—Related Provisions

18 SEC. 111. DEFINITIONS.

19 (a) IN GENERAL.—Section 101 of the National and

20 Community Service Act of 1990 (42 U.S.C. 12511) is

21 amended to read as follows:

22 ‘‘SEC. 101. DEFINITIONS.

23 ‘‘For purposes of this title:

24 ‘‘(1) ADULT VOLUNTEER.—The term ‘adult vol25 unteer’ means an individual, such as an older adult,
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1 an individual with a disability, a parent, or an em2 ployee of a business or public or private nonprofit

3 agency, who—

4 ‘‘(A) works without financial remuneration

5 in an educational institution to assist students

6 or out-of-school youth; and

7 ‘‘(B) is beyond the age of compulsory school

8 attendance in the State in which the educational

9 institution is located.

10 ‘‘(2) APPROVED NATIONAL SERVICE POSITION.—

11 The term ‘approved national service position’ means

12 a national service position designated by the Corpora13 tion as a position that includes a national service

14 educational award described in section 147 as one of

15 the benefits to be provided for successful service in the

16 position.

17 ‘‘(3) CARRY OUT.—The term ‘carry out’, when

18 used in connection with a national service program

19 described in section 122, means the planning, estab20 lishment, operation, expansion, or replication of the

21 program.

22 ‘‘(4) CHAIRPERSON.—The term ‘Chairperson’

23 means the Chairperson and Director of the Corpora24 tion appointed under section 193.
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1 ‘‘(5) COMMUNITY-BASED AGENCY.—The term

2 ‘community-based agency’ means a private nonprofit

3 organization (including a church or other religious

4 entity) that—

5 ‘‘(A) is representative of a community or a

6 significant segment of a community; and

7 ‘‘(B) is engaged in meeting human, edu8 cational, environmental, or public safety commu9 nity needs.

10 ‘‘(6) CORPORATION.—The term ‘Corporation’

11 means the Corporation for National Service estab12 lished under section 191.

13 ‘‘(7) ECONOMICALLY DISADVANTAGED.—The term

14 ‘economically disadvantaged’ means, with respect to

15 an individual, an individual who is determined by

16 the Chairperson to be low-income according to the lat17 est available data from the Department of Commerce.

18 ‘‘(8) ELEMENTARY SCHOOL.—The term ‘elemen19 tary school’ has the same meaning given such term in

20 section 1471(8) of the Elementary and Secondary

21 Education Act of 1965 (20 U.S.C. 2891(8)).

22 ‘‘(9) INDIAN.—The term ‘Indian’ means a person

23 who is a member of an Indian tribe.

24 ‘‘(10) INDIAN LANDS.—The term ‘Indian lands’

25 means—
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1 ‘‘(A) any Indian reservation;

2 ‘‘(B) any public domain Indian allotments;

3 ‘‘(C) any former Indian reservation in the

4 State of Oklahoma;

5 ‘‘(D) any land held by incorporated Native

6 groups, regional corporations, and village cor7 porations under the Alaska Native Claims Settle8 ment Act (43 U.S.C. 1701 et seq.); and

9 ‘‘(E) any land held by dependent Indian

10 communities within the borders of the United

11 States whether within the original or subse12 quently acquired territory thereof, and whether

13 within or without the limits of a State.

14 ‘‘(11) INDIAN TRIBE.—The term ‘Indian tribe’

15 means an Indian tribe, band, nation, or other orga16 nized group or community, including any Native vil17 lage, Regional Corporation, or Village Corporation, as

18 defined in subsection (c), (g), or (j), respectively, of

19 section 3 of the Alaska Native Claims Settlement Act

20 (43 U.S.C. 1602 (c), (g), or (j)), that is recognized as

21 eligible for the special programs and services provided

22 by the United States under Federal law to Indians

23 because of their status as Indians.

24 ‘‘(12) INSTITUTION OF HIGHER EDUCATION.—

25 The term ‘institution of higher education’ has the
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1 same meaning given such term in section 1201(a) of

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

3 1141(a)).

4 ‘‘(13) LOCAL EDUCATIONAL AGENCY.—The term

5 ‘local educational agency’ has the same meaning

6 given such term in section 1471(12) of the Elemen7 tary and Secondary Education Act of 1965 (20

8 U.S.C. 2891(12)).

9 ‘‘(14) NATIONAL SERVICE LAWS.—The term ‘na10 tional service laws’ means this Act and the Domestic

11 Volunteer Service Act of 1973 (42 U.S.C. 4950 et

12 seq.).

13 ‘‘(15) OUT-OF-SCHOOL YOUTH.—The term ‘out14 of-school youth’ means an individual who—

15 ‘‘(A) has not attained the age of 27;

16 ‘‘(B) has not completed college or the equiv17 alent thereof; and

18 ‘‘(C) is not enrolled in an elementary or

19 secondary school or institution of higher edu20 cation.

21 ‘‘(16) PARTICIPANT.—

22 ‘‘(A) IN GENERAL.—The term ‘participant’

23 means—
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1 ‘‘(i) for purposes of subtitle C, an indi2 vidual in an approved national service po3 sition; and

4 ‘‘(ii) for purposes of any other provi5 sion of this Act, an individual enrolled in

6 a program that receives assistance under

7 this title.

8 ‘‘(B) RULE.—A participant shall not be

9 considered to be an employee of the program in

10 which the participant is enrolled.

11 ‘‘(17) PARTNERSHIP PROGRAM.—The term ‘part12 nership program’ means a program through which an

13 adult volunteer, a public or private nonprofit agency,

14 an institution of higher education, or a business as15 sists a local educational agency.

16 ‘‘(18) PROGRAM.—The term ‘program’, except

17 when used as part of the term ‘academic program’,

18 means a program described in section 111(a) (other

19 than a program referred to in paragraph (3)(B) of

20 such section), 117A(a), 119(b)(1), or 122(a), in para21 graph (1) or (2) of section 152(b), or in section 198.

22 ‘‘(19) PROJECT.—The term ‘project’ means an

23 activity, carried out through a program that receives

24 assistance under this title, that results in a specific

25 identifiable service or improvement that otherwise
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1 would not be done with existing funds, and that does

2 not duplicate the routine services or functions of the

3 employer to whom participants are assigned.

4 ‘‘(20) SCHOOL-AGE YOUTH.—The term ‘school5 age youth’ means an individual who is—

6 ‘‘(A) between the ages of 5 and 17, inclu7 sive; or

8 ‘‘(B) a child with a disability covered by

9 the Individuals with Disabilities Education Act

10 (20 U.S.C. 1400 et seq.).

11 ‘‘(21) SECONDARY SCHOOL.—The term ‘second12 ary school’ has the same meaning given such term in

13 section 1471(21) of the Elementary and Secondary

14 Education Act of 1965 (20 U.S.C. 2891(21)).

15 ‘‘(22) SERVICE-LEARNING.—The term ‘service16 learning’ means a method—

17 ‘‘(A) under which students or participants

18 learn and develop through active participation

19 in thoughtfully organized service that—

20 ‘‘(i) is conducted in and meets the

21 needs of a community;

22 ‘‘(ii) is coordinated with an elemen23 tary school, secondary school, institution of

24 higher education, or community service pro25 gram, and with the community; and
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1 ‘‘(iii) helps foster civic responsibility;

2 and

3 ‘‘(B) that—

4 ‘‘(i) is integrated into and enhances

5 the academic curriculum of the students, or

6 the educational components of the commu7 nity service program in which the partici8 pants are enrolled; and

9 ‘‘(ii) provides structured time for the

10 students or participants to reflect on the

11 service experience.

12 ‘‘(23) SERVICE-LEARNING COORDINATOR.—The

13 term ‘service-learning coordinator’ means an individ14 ual who provides services as described in section sub15 section (a)(3) or (b) of section 111.

16 ‘‘(24) SERVICE SPONSOR.—The term ‘service

17 sponsor’ means an organization, or other entity, that

18 has been selected to provide a placement for a partici19 pant.

20 ‘‘(25) STATE.—The term ‘State’ means each of

21 the several States, the District of Columbia, the Com22 monwealth of Puerto Rico, the Virgin Islands of the

23 United States, Guam, American Samoa, and the

24 Commonwealth of the Northern Mariana Islands. The
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1 term also includes Palau, until such time as the Com2 pact of Free Association is ratified.

3 ‘‘(26) STATE COMMISSION.—The term ‘State

4 Commission’ means a State Commission on National

5 Service maintained by a State pursuant to section

6 178. Except when used in section 178, the term in7 cludes an alternative administrative entity for a

8 State approved by the Corporation under such section

9 to act in lieu of a State Commission.

10 ‘‘(27) STATE EDUCATIONAL AGENCY.—The term

11 ‘State educational agency’ has the same meaning

12 given such term in section 1471(23) of the Elemen13 tary and Secondary Education Act of 1965 (20

14 U.S.C. 2891(23)).

15 ‘‘(28) STUDENT.—The term ‘student’ means an

16 individual who is enrolled in an elementary or sec17 ondary school or institution of higher education on a

18 full- or part-time basis.’’.

19 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

20 (1) Section 182(a)(2) of the National and Com21 munity Service Act of 1990 (42 U.S.C 12642(a)(2))

22 is amended by striking ‘‘adult volunteer and partner23 ship’’ each place the term appears and inserting

24 ‘‘partnership’’.
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1 (2) Section 182(a)(3) of the National and Com2 munity Service Act of 1990 (42 U.S.C 12642(a)(3))

3 is amended by striking ‘‘adult volunteer and partner4 ship’’ and inserting ‘‘partnership’’.

5 (3) Section 441(c)(2) of the Higher Education

6 Act of 1965 (42 U.S.C. 2751(c)(2)) is amended by

7 striking ‘‘service opportunities or youth corps as de8 fined in section 101 of the National and Community

9 Service Act of 1990, and service in the agencies, insti10 tutions and activities designated in section 124(a) of

11 the National and Community Service Act of 1990’’

12 and inserting ‘‘a project, as defined in section

13 101(19) of the National and Community Service Act

14 of 1990 (42 U.S.C. 12511(18))’’.

15 (4) Section 1122(a)(2)(C) of the Higher Edu16 cation Act of 1965 (20 U.S.C. 1137a(a)(2)(C)) is

17 amended by striking ‘‘youth corps as defined in sec18 tion 101(30) of the National and Community Service

19 Act of 1990’’ and inserting ‘‘youth corps programs, as

20 described in section 122(a)(1) of the National and

21 Community Service Act of 1990’’.

22 (5) Section 1201(p) of the Higher Education Act

23 of 1965 (20 U.S.C. 1141(p)) is amended by striking

24 ‘‘section 101(22) of the National and Community

25 Service Act of 1990’’ and inserting ‘‘section 101(22)
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1 of the National and Community Service Act of 1990

2 (42 U.S.C. 12511(21))’’.

3 SEC. 112. AUTHORITY TO MAKE STATE GRANTS.

4 Section 102 of the National and Community Service

5 Act of 1990 (42 U.S.C. 12512) is repealed.

6 SEC. 113. FAMILY AND MEDICAL LEAVE.

7 (a) IN GENERAL.—Section 171 of the National and

8 Community Service Act of 1990 (42 U.S.C. 12631) is

9 amended to read as follows:

10 ‘‘SEC. 171. FAMILY AND MEDICAL LEAVE.

11 ‘‘(a) PARTICIPANTS IN PRIVATE, STATE, AND LOCAL

12 PROJECTS.—For purposes of title I of the Family and Med13 ical Leave Act of 1993 (29 U.S.C. 2601 et seq.), if—

14 ‘‘(1) a participant has provided service for the

15 period required by section 101(2)(A)(i) (29 U.S.C.

16 2611(2)(A)(i)), and has met the hours of service re17 quirement of section 101(2)(A)(ii), of such Act with

18 respect to a project; and

19 ‘‘(2) the service sponsor of the project is an em20 ployer described in section 101(4) of such Act (other

21 than an employing agency within the meaning of sub22 chapter V of chapter 63 of title 5, United States

23 Code),

24 the participant shall be considered to be an eligible em25 ployee of the service sponsor.
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1 ‘‘(b) PARTICIPANTS IN FEDERAL PROJECTS.—For

2 purposes of subchapter V of chapter 63 of title 5, United

3 States Code, if—

4 ‘‘(1) a participant has provided service for the

5 period required by section 6381(1)(B) of such title

6 with respect to a project; and

7 ‘‘(2) the service sponsor of the project is an em8 ploying agency within the meaning of such sub9 chapter,

10 the participant shall be considered to be an employee of the

11 service sponsor.’’.

12 (b) TABLE OF CONTENTS.—Section 1(b) of the Na13 tional and Community Service Act of 1990 (Public Law

14 101–610; 104 Stat. 3127) is amended by striking the item

15 relating to section 171 of such Act and inserting the follow16 ing:

‘‘Sec. 171. Family and medical leave.’’.

17 SEC. 114. REPORTS.

18 Section 172 of the National and Community Service

19 Act of 1990 (42 U.S.C. 12632) is amended—

20 (1) in subsection (a)(3)(A), by striking ‘‘sections

21 177 and 113(9)’’ and inserting ‘‘section 177’’; and

22 (2) in subsection (b)(1), by striking ‘‘this title’’

23 and inserting ‘‘the national service laws’’.
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1 SEC. 115. NONDISCRIMINATION.

2 Section 175 of the National and Community Service

3 Act of 1990 (42 U.S.C. 12635) is amended to read as fol4 lows:

5 ‘‘SEC. 175. NONDISCRIMINATION.

6 ‘‘(a) IN GENERAL.—

7 ‘‘(1) BASIS.—An individual with responsibility

8 for the operation of a project that receives assistance

9 under this title shall not discriminate against a par10 ticipant in, or member of the staff of, such project on

11 the basis of race, color, national origin, sex, age, or

12 political affiliation of such participant or member, or

13 on the basis of disability, if the participant or mem14 ber is a qualified individual with a disability.

15 ‘‘(2) DEFINITION.—As used in paragraph (1),

16 the term ‘qualified individual with a disability’ has

17 the meaning given the term in section 101(8) of the

18 Americans with Disabilities Act of 1990 (42 U.S.C.

19 12111(8)).

20 ‘‘(b) FEDERAL FINANCIAL ASSISTANCE.—Any assist21 ance provided under this title shall constitute Federal fi22 nancial assistance for purposes of title VI of the Civil

23 Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of

24 the Education Amendments of 1972 (20 U.S.C. 1681 et

25 seq.), section 504 of the Rehabilitation Act of 1973 (29
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1 U.S.C. 794), and the Age Discrimination Act of 1975 (42

2 U.S.C. 6101 et seq.).

3 ‘‘(c) RELIGIOUS DISCRIMINATION.—

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), an individual with responsibility for the

6 operation of a project that receives assistance under

7 this title shall not discriminate on the basis of reli8 gion against a participant in such project or a mem9 ber of the staff of such project who is paid with funds

10 received under this title.

11 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

12 apply to the employment, with assistance provided

13 under this title, of any member of the staff, of a

14 project that receives assistance under this title, who

15 was employed with the organization operating the

16 project on the date the grant under this title was

17 awarded.

18 ‘‘(d) RULES AND REGULATIONS.—The Chairperson

19 shall promulgate rules and regulations to provide for the

20 enforcement of this section that shall include provisions for

21 summary suspension of assistance for not more than 30

22 days, on an emergency basis, until notice and an oppor23 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 176(a)

4 of the National and Community Service Act of 1990 (42

5 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 to

15 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 establish

21 and maintain a procedure for the filing and adju22 dication of grievances from participants, labor orga23 nizations, and other interested individuals concerning

24 projects that receive assistance under this title, in25 cluding grievances regarding proposed placements of

26 such participants in such projects.
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1 ‘‘(2) DEADLINE FOR GRIEVANCES.—Except for a

2 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 is

5 the subject of the grievance.

6 ‘‘(3) DEADLINE FOR HEARING AND DECISION.—

7 ‘‘(A) HEARING.—A hearing on any griev8 ance conducted under this subsection shall be

9 conducted not later than 30 days after the filing

10 of such grievance.

11 ‘‘(B) DECISION.—A decision on any such

12 grievance shall be made not later than 60 days

13 after the filing of such grievance.

14 ‘‘(4) ARBITRATION.—

15 ‘‘(A) IN GENERAL.—

16 ‘‘(i) JOINTLY SELECTED ARBITRA17 TOR.—In the event of a decision on a griev18 ance that is adverse to the party who filed

19 such grievance, or 60 days after the filing

20 of such grievance if no decision has been

21 reached, such party shall be permitted to

22 submit such grievance to binding arbitra23 tion before a qualified arbitrator who is

24 jointly selected and independent of the in25 terested parties.
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1 ‘‘(ii) APPOINTED ARBITRATOR.—If the

2 parties cannot agree on an arbitrator, the

3 Chairperson shall appoint an arbitrator

4 from a list of qualified arbitrators within

5 15 days after receiving a request for such

6 appointment from one of the parties to the

7 grievance.

8 ‘‘(B) DEADLINE FOR PROCEEDING.—An ar9 bitration proceeding shall be held not later than

10 45 days after the request for such arbitration

11 proceeding, or, if the arbitrator is appointed by

12 the Chairperson in accordance with subpara13 graph (A)(ii), not later than 30 days after the

14 appointment of such arbitrator.

15 ‘‘(C) DEADLINE FOR DECISION.—A decision

16 concerning a grievance shall be made not later

17 than 30 days after the date such arbitration pro18 ceeding begins.

19 ‘‘(D) COST.—

20 ‘‘(i) IN GENERAL.—Except as provided

21 in clause (ii), the cost of an arbitration pro22 ceeding shall be divided evenly between the

23 parties to the arbitration.

24 ‘‘(ii) EXCEPTION.—If a participant,

25 labor organization, or other interested indi-
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1 vidual described in paragraph (1) prevails

2 under a binding arbitration proceeding, the

3 State, local agency, public or private non4 profit organization, or partnership of such

5 agencies and organizations, that is a party

6 to such grievance shall pay the total cost of

7 such proceeding and the attorneys’ fees of

8 such participant, labor organization, or in9 dividual, as the case may be.

10 ‘‘(5) PROPOSED PLACEMENT.—If a grievance is

11 filed regarding a proposed placement of a participant

12 in a project that receives assistance under this title,

13 such placement shall not be made unless the place14 ment is consistent with the resolution of the grievance

15 pursuant to this subsection.

16 ‘‘(6) REMEDIES.—Remedies for a grievance filed

17 under this subsection include—

18 ‘‘(A) suspension of payments for assistance

19 under this title;

20 ‘‘(B) termination of such payments;

21 ‘‘(C) prohibition of the placement described

22 in paragraph (5); and

23 ‘‘(D) in a case in which the grievance in24 volves a violation of subsection (a) or (b) of sec25 tion 177 and the employer of the displaced em-
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1 ployee is the recipient of assistance under this

2 title—

3 ‘‘(i) reinstatement of the displaced em4 ployee to the position held by such employee

5 prior to displacement;

6 ‘‘(ii) payment of lost wages and bene7 fits of the displaced employee;

8 ‘‘(iii) reestablishment of other relevant

9 terms, conditions, and privileges of employ10 ment of the displaced employee; and

11 ‘‘(iv) such equitable relief as is nec12 essary to correct any violation of subsection

13 (a) or (b) of section 177 or to make the dis14 placed employee whole.

15 ‘‘(7) ENFORCEMENT.—Suits to enforce arbitra16 tion awards under this section may be brought in any

17 district court of the United States having jurisdiction

18 of the parties, without regard to the amount in con19 troversy and without regard to the citizenship of the

20 parties.’’.

21 SEC. 117. NONDISPLACEMENT.

22 Section 177(b)(3) of the National and Community

23 Service Act of 1990 (42 U.S.C. 12637(b)(3)) is amended—

24 (1) in subparagraph (B), to read as follows:
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1 ‘‘(B) SUPPLANTATION OF HIRING.—A par2 ticipant in any program receiving assistance

3 under this title shall not perform any services or

4 duties, or engage in activities, that—

5 ‘‘(i) will supplant the hiring of em6 ployed workers; or

7 ‘‘(ii) are services, duties, or activities

8 with respect to which an individual has re9 call rights pursuant to a collective bargain10 ing agreement or applicable personnel pro11 cedures.’’; and

12 (2) in subparagraph (C)(iii), to read as follows:

13 ‘‘(iii) employee who—

14 ‘‘(I) is subject to a reduction in

15 force; or

16 ‘‘(II) has recall rights pursuant to

17 a collective bargaining agreement or

18 applicable personnel procedures;’’.

19 SEC. 118. EVALUATION.

20 Section 179 of the National and Community Service

21 Act of 1990 (42 U.S.C 12639) is amended—

22 (1) in subsection (a)—

23 (A) in the matter preceding paragraph (1),

24 by striking ‘‘this title’’ and inserting ‘‘the na25 tional service laws’’; and
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1 (B) in paragraph (2)—

2 (i) in the matter preceding

3 subpargraph (A), by striking ‘‘for purposes

4 of the reports required by subsection (j),’’

5 and inserting ‘‘with respect to the programs

6 authorized under subtitle C’’; and

7 (ii) in subparagraph (A), by striking

8 ‘‘older American volunteer programs’’ and

9 inserting ‘‘National Senior Volunteer Corps

10 programs’’;

11 (2) in subsection (g)—

12 (A) in the matter preceding paragraph (1),

13 by striking ‘‘subtitle D’’ and inserting ‘‘subtitle

14 C’’; and

15 (B) in paragraphs (3) and (9), by striking

16 ‘‘older American volunteer programs’’ and in17 serting ‘‘National Senior Volunteer Corps pro18 grams’’; and

19 (3) by striking subsections (i) and (j).

20 SEC. 119. ENGAGEMENT OF PARTICIPANTS.

21 Section 180 of the National and Community Service

22 Act of 1990 (42 U.S.C. 12640) is amended by striking

23 ‘‘post-service benefits’’ and inserting ‘‘national service edu24 cational awards’’.
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1 SEC. 120. CONTINGENT EXTENSION.

2 (a) IN GENERAL.—Section 181 of the National and

3 Community Service Act of 1990 (42 U.S.C. 12641) is

4 amended to read as follows:

5 ‘‘SEC. 181. CONTINGENT EXTENSION.

6 ‘‘Section 414 of the General Education Provisions Act

7 (20 U.S.C. 1226a) shall apply to this Act.’’.

8 (b) TABLE OF CONTENTS.—Section 1(b) of the Na9 tional and Community Service Act of 1990 (Public Law

10 101–610; 104 Stat. 3127) is amended by striking the item

11 relating to sections 181 of such Act and inserting the follow12 ing:

‘‘Sec. 181. Contingent extension.’’.

13 SEC. 121. REPEALS.

14 (a) IN GENERAL.—Subtitle F of title I of the National

15 and Community Service Act of 1990 (42 U.S.C. 12631 et

16 seq.) is amended—

17 (1) by repealing sections 183, 185, and 186; and

18 (2) by redesignating section 184 as section 183.

19 (b) TABLE OF CONTENTS.—Section 1(b) of the Na20 tional and Community Service Act of 1990 (Public Law

21 101–610; 104 Stat. 3127) is amended by striking the items

22 relating to sections 183, 184, and 185 of such Act and in23 serting the following:

‘‘Sec. 183. Drug-free workplace requirements.’’.
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1 TITLE II—ORGANIZATION

2 SEC. 201. STATE COMMISSIONS ON NATIONAL SERVICE.

3 (a) COMPOSITION AND DUTIES OF STATE COMMIS4 SIONS.—Subtitle F of title I of the National and Commu5 nity Service Act of 1990 is amended by striking section 178

6 (42 U.S.C. 12638) and inserting the following new section:

7 ‘‘SEC. 178. STATE COMMISSIONS ON NATIONAL SERVICE.

8 ‘‘(a) EXISTENCE REQUIRED.—

9 ‘‘(1) STATE COMMISSION.—Except as provided

10 in paragraph (2), to be eligible to receive a grant or

11 allotment under subtitle B or C or to receive a dis12 tribution of approved national service positions under

13 subtitle C, a State shall maintain a State Commis14 sion on National Service that satisfies the require15 ments of this section.

16 ‘‘(2) ALTERNATIVE ADMINISTRATIVE ENTITY.—

17 The chief executive officer of a State may apply to the

18 Corporation for approval to use an alternative ad19 ministrative entity to carry out the duties otherwise

20 entrusted to a State Commission under this Act. The

21 chief executive officer shall ensure that any alter22 native administrative entity used in lieu of a State

23 Commission still provides for the individuals de24 scribed in paragraphs (1) and (2) of subsection (c) to

25 play a significant policy-making role in carrying out
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1 the duties otherwise entrusted to a State Commission,

2 including the submission of applications on behalf of

3 the State under sections 117B and 130.

4 ‘‘(b) APPOINTMENT AND SIZE.—Except as provided in

5 subsection (c)(3), the members of a State Commission for

6 a State shall be appointed by the chief executive officer of

7 the State. A State Commission shall consist of not less than

8 15 voting members.

9 ‘‘(c) COMPOSITION AND MEMBERSHIP.—

10 ‘‘(1) REQUIRED MEMBERS.—The State Commis11 sion for a State shall include as voting members at

12 least one of each of the following individuals:

13 ‘‘(A) An individual with expertise in the

14 educational, training, and development needs of

15 youth, particularly disadvantaged youth.

16 ‘‘(B) An individual with experience in pro17 moting the involvement of older Americans in

18 service and voluntarism.

19 ‘‘(C) A representative of community action

20 agencies and community-based organizations

21 within the State, particularly those agencies and

22 organizations that—

23 ‘‘(i) are located in areas of the State

24 with high rates of poverty;
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1 ‘‘(ii) provide a comprehensive range of

2 services to economically disadvantaged indi3 viduals and families;

4 ‘‘(iii) have a demonstrated record of ef5 fectiveness; and

6 ‘‘(iv) are governed by a board com7 posed in significant part of economically

8 disadvantaged individuals.

9 ‘‘(D) A youth who is or has been a partici10 pant in a service program.

11 ‘‘(E) An individual with expertise in the

12 delivery of human, educational, environmental,

13 or public safety services to communities and per14 sons.

15 ‘‘(F) The head of the State educational

16 agency.

17 ‘‘(G) A representative of local governments

18 in the State.

19 ‘‘(H) A representative of local labor organi20 zations in the State.

21 ‘‘(I) Representatives of business.

22 ‘‘(2) ADDITIONAL MEMBERS.—The State Com23 mission for a State may also include as voting mem24 bers the following individuals:
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1 ‘‘(A) Representatives of entities which re2 ceive assistance under the Domestic Volunteer

3 Service Act of 1973 (42 U.S.C. 4950 et seq.).

4 ‘‘(B) Educators.

5 ‘‘(C) Individuals who are recognized for

6 their outstanding contributions as volunteers in

7 service to their community, State, and Nation.

8 ‘‘(3) CORPORATION REPRESENTATIVE.—The rep9 resentative of the Corporation designated under sec10 tion 195(b) for a State shall be a voting member of

11 the State Commission for that State.

12 ‘‘(4) EX OFFICIO STATE REPRESENTATIVES.—

13 The chief executive officer of a State may appoint as

14 nonvoting ex officio members of the State Commission

15 for the State representatives selected from among offi16 cers and employees of State agencies operating com17 munity service, youth service, education, social serv18 ice, senior service, and job training programs.

19 ‘‘(5) LIMITATION ON NUMBER OF STATE EMPLOY20 EES AS MEMBERS.—The number of voting members of

21 a State Commission selected under paragraph (1) or

22 (2) who are officers or employees of the State may not

23 exceed 25 percent (reduced to the nearest whole num24 ber) of the total membership of the State Commission.

25 ‘‘(d) MISCELLANEOUS MATTERS.—
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1 ‘‘(1) MEMBERSHIP BALANCE.—The chief execu2 tive officer of a State shall ensure that the member3 ship of the State Commission for the State is balanced

4 according to race, ethnic background, age, and gender.

5 Not more than 50 percent of the voting members of

6 a State Commission, plus 1 additional member, may

7 be from the same political party.

8 ‘‘(2) TERMS.—Each member of the State Com9 mission for a State shall serve for a term of 3 years,

10 except that the chief executive officer of a State shall

11 initially appoint a portion of the members to terms

12 of 1 year and 2 years.

13 ‘‘(3) VACANCIES.—As vacancies occur on a State

14 Commission, new members shall be appointed by the

15 chief executive of the State and serve for the remain16 der of the term for which the predecessor of such mem17 ber was appointed. The vacancy shall not affect the

18 power of the remaining members to execute the duties

19 of the State Commission.

20 ‘‘(4) COMPENSATION.—A member of a State

21 Commission shall not receive any additional com22 pensation by reason of service on the State Commis23 sion, except that the State may authorize the reim24 bursement of travel expenses, including a per diem in

25 lieu of subsistence, in the same manner as other em-
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1 ployees serving intermittently in the service of the

2 State.

3 ‘‘(5) CHAIRPERSON.—The voting members of a

4 State Commission shall elect one of the voting mem5 bers to serve as chairperson of the State Commission.

6 ‘‘(e) DUTIES OF A STATE COMMISSION.—The State

7 Commission for a State shall be responsible for the following

8 duties:

9 ‘‘(1) Preparation of a national service plan for

10 the State that—

11 ‘‘(A) is developed through an open and pub12 lic process (such as through regional forums,

13 hearings, and other means) that provides for

14 maximum participation and input from existing

15 national service programs within the State and

16 other interested members of the public;

17 ‘‘(B) covers a 3-year period;

18 ‘‘(C) is updated annually; and

19 ‘‘(D) contains such information as the State

20 Commission considers to be appropriate or as the

21 Corporation may require.

22 ‘‘(2) Preparation of the applications of the State

23 under sections 117B and 130 for financial assistance.
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1 ‘‘(3) Assistance in the preparation of the appli2 cation of the State educational agency for assistance

3 under section 113.

4 ‘‘(4) Preparation of the application of the State

5 under section 130 for the approval of service positions

6 that include the national service educational award

7 described in subtitle D.

8 ‘‘(5) Make recommendations to the Corporation

9 with respect to priorities for programs receiving as10 sistance under the Domestic Volunteer Service Act of

11 1973.

12 ‘‘(6) Make technical assistance available to en13 able applicants under section 121—

14 ‘‘(A) to plan and implement service pro15 grams; and

16 ‘‘(B) to apply for assistance under the na17 tional service laws using, if appropriate, infor18 mation and materials available through a clear19 inghouse established under section 198A.

20 ‘‘(7) Assistance in the provision of health care

21 and child care benefits under section 140 to partici22 pants in national service programs that receive assist23 ance under section 121.

24 ‘‘(8) Development of a State system for the re25 cruitment and placement of participants in national
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1 service programs that receive assistance under the na2 tional service laws and dissemination of information

3 concerning national service programs that receive as4 sistance and approved national service positions.

5 ‘‘(9) Administration of the grant program in

6 support of national service programs that is con7 ducted by the State using assistance provided to the

8 State under section 121, including selection, oversight,

9 and evaluation of grant recipients.

10 ‘‘(10) Development of projects, training methods,

11 curriculum materials, and other materials and activi12 ties related to national service programs that receive

13 assistance from the State using assistance provided

14 under section 121.

15 ‘‘(f) ACTIVITY INELIGIBLE FOR ASSISTANCE.—A State

16 Commission may not directly carry out any national serv17 ice program that receives assistance under section 121.

18 ‘‘(g) DELEGATION.—Subject to such requirements as

19 the Corporation may prescribe, a State Commission may

20 delegate nonpolicymaking duties to a State agency or public

21 or private nonprofit organization.

22 ‘‘(h) APPROVAL OF STATE COMMISSION OR ALTER23 NATIVE.—

24 ‘‘(1) SUBMISSION TO CORPORATION.—The chief

25 executive officer for a State shall notify the Corpora-
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1 tion of the establishment or designation of the State

2 Commission for the State. The notification shall in3 clude a description of—

4 ‘‘(A) the composition and membership of the

5 State Commission; and

6 ‘‘(B) the authority of the State Commission

7 regarding national service activities carried out

8 by the State.

9 ‘‘(2) APPROVAL OF ALTERNATIVE ADMINISTRA10 TIVE ENTITY.—Any use of an alternative administra11 tive entity to carry out the duties of a State Commis12 sion shall be subject to the approval of the Corpora13 tion.

14 ‘‘(3) REJECTION.—The Corporation may reject a

15 State Commission if the Corporation determines that

16 the composition, membership, or duties of the State

17 Commission do not comply with the requirements of

18 this section. The Corporation shall reject a request to

19 use an alternative administrative entity in lieu of a

20 State Commission if the Corporation determines that

21 use of the alternative administrative entity does not

22 allow the individuals described in paragraphs (1) and

23 (2) of subsection (c) to play a significant policy-mak24 ing role in carrying out the duties otherwise entrusted

25 to a State Commission. If the Corporation rejects a
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1 State Commission or alternative administrative en2 tity under this paragraph, the Corporation shall

3 promptly notify the State of the reasons for the rejec4 tion.

5 ‘‘(4) RESUBMISSION AND RECONSIDERATION.—

6 The Corporation shall provide a State notified under

7 paragraph (3) with a reasonable opportunity to revise

8 the rejected State Commission or alternative adminis9 trative entity. At the request of the State, the Cor10 poration shall provide technical assistance to the

11 State as part of the revision process. The Corporation

12 shall promptly reconsider any resubmission of a noti13 fication under paragraph (1) or application to use an

14 alternative administrative entity under paragraph

15 (2).

16 ‘‘(5) SUBSEQUENT CHANGES.—This subsection

17 shall also apply to any change in the composition or

18 duties of a State Commission or an alternative ad19 ministrative entity made after approval of the State

20 Commission or the alternative administrative en21 tity.’’.

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

24 101–610; 104 Stat. 3127) is amended by striking the item
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1 relating to section 178 and inserting the following new

2 item:

‘‘Sec. 178. State Commissions on National Service.’’.

3 (c) EFFECTIVE DATE.—The amendments made by this

4 section shall take effect on the date of the enactment of this

5 Act.

6 (d) TRANSITIONAL PROVISIONS.—

7 (1) USE OF ALTERNATIVES TO STATE COMMIS8 SION.—If a State does not have a State Commission

9 on National Service that satisfies the requirements

10 specified in section 178 of the National and Commu11 nity Services Act of 1990, as amended by subsection

12 (a), the Corporation for National Service may author13 ize the chief executive of the State to use an existing

14 agency of the State to perform the duties otherwise re15 served to a State Commission under subsection (e) of

16 such section.

17 (2) APPLICATION OF SUBSECTION.—This sub18 section shall apply only during the 18-month period

19 beginning on the date of the enactment of this Act.

20 SEC. 202. INTERIM AUTHORITIES OF THE CORPORATION

21 FOR NATIONAL SERVICE AND ACTION AGEN22 CY.

23 (a) NATIONAL AND COMMUNITY SERVICE ACT OF

24 1990.—Subtitle G of title I of the National and Community
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1 Service Act of 1990 (42 U.S.C. 12651) is amended to read

2 as follows:

3 ‘‘Subtitle G—Corporation for

4 National Service

5 ‘‘SEC. 191. CORPORATION FOR NATIONAL SERVICE.

6 ‘‘There is established a Corporation for National Serv7 ice that shall administer the programs established under

8 this Act. The Corporation shall be a Government corpora9 tion, as defined in section 103 of title 5, United States Code.

10 ‘‘SEC. 192. BOARD OF DIRECTORS.

11 ‘‘(a) COMPOSITION.—

12 ‘‘(1) IN GENERAL.—There shall be in the Cor13 poration a Board of Directors (referred to in this sub14 title as the ‘Board’) that shall be composed of—

15 ‘‘(A) not less than 15 members, including

16 the Chairperson appointed under section 193, to

17 be appointed by the President, by and with the

18 advice and consent of the Senate; and

19 ‘‘(B) the ex officio members described in

20 paragraph (4).

21 ‘‘(2) QUALIFICATIONS.—To the maximum extent

22 practicable, the President shall appoint members—

23 ‘‘(A) who have extensive experience in vol24 unteer and service programs, including programs
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1 funded under one of the national service laws,

2 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 50 percent of the

11 appointed members of the Board, plus 1 addi12 tional appointed member, are from a single po13 litical party.

14 ‘‘(3) EX OFFICIO MEMBERS.—The Secretary of

15 Education, the Secretary of Health and Human Serv16 ices, the Secretary of Labor, the Secretary of the Inte17 rior, the Secretary of Agriculture, the Secretary of

18 Housing and Urban Development, the Secretary of

19 Defense, the Attorney General, the Director of the

20 Peace Corps, and the Administrator of the Environ21 mental Protection Agency shall serve as ex officio

22 nonvoting members of the Board.

23 ‘‘(b) TERMS.—Each appointed member of the Board

24 shall serve for a term of 5 years, except that, as designated

25 by the President—
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1 ‘‘(1) 3 of the members first appointed to the

2 Board shall serve for a term of 1 year;

3 ‘‘(2) 3 of the members first appointed to the

4 Board shall serve for a term of 2 years;

5 ‘‘(3) 3 of the members first appointed to the

6 Board shall serve for a term of 3 years;

7 ‘‘(4) 3 of the members first appointed to the

8 Board shall serve for a term of 4 years; and

9 ‘‘(5) the remainder of the members first ap10 pointed to the Board shall serve for a term of 5 years.

11 ‘‘(c) VACANCIES.—As vacancies occur on the Board,

12 new members shall be appointed by the President, by and

13 with the advice and consent of the Senate, and serve for

14 the remainder of the term for which the predecessor of such

15 member was appointed. The vacancy shall not affect the

16 power of the remaining members to execute the duties of

17 the Board.

18 ‘‘SEC. 192A. AUTHORITIES AND DUTIES OF THE BOARD OF

19 DIRECTORS.

20 ‘‘(a) MEETINGS.—The Board shall meet not less than

21 3 times each year. The Board shall hold additional meetings

22 at the call of the Chairperson or if a majority of the mem23 bers of the Board request such meetings in writing. In addi24 tion, the Board (or designated members of the Board) shall

25 conduct periodic public hearings throughout the United
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1 States to examine and review operation of the national

2 service laws.

3 ‘‘(b) QUORUM.—A majority of the appointed members

4 of the Board shall constitute a quorum.

5 ‘‘(c) OFFICERS.—

6 ‘‘(1) VICE CHAIRPERSON.—The Board shall elect

7 a Vice Chairperson from among its membership. The

8 Vice Chairperson may conduct meetings of the Board

9 in the absence of the Chairperson.

10 ‘‘(2) OTHER OFFICERS.—The Board may elect

11 from among its membership such additional officers

12 of the Board as the Board determines to be appro13 priate.

14 ‘‘(d) INSPECTOR GENERAL OVERSIGHT COMMITTEE.—

15 The Board shall establish an Inspector General oversight

16 committee (referred to in this subtitle as the ‘oversight com17 mittee’). Such committee shall be comprised of the Vice

18 Chairperson and two members selected by the Vice Chair19 person. The Chairperson shall not serve on the oversight

20 committee.

21 ‘‘(e) EXPENSES.—While away from their homes or reg22 ular places of business on the business of the Board, mem23 bers of such Board shall be allowed travel expenses, includ24 ing per diem in lieu of subsistence, at rates authorized for

25 employees of agencies under subchapter I of chapter 57 of
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1 title 5, United States Code, for persons employed intermit2 tently in the Government service.

3 ‘‘(f) SPECIAL GOVERNMENT EMPLOYEES.—For pur4 poses of the provisions of chapter 11 of part I of title 18,

5 United States Code, and any other provision of Federal law,

6 a member of the Board (to whom such provisions would

7 not otherwise apply except for this subsection) shall be a

8 special Government employee.

9 ‘‘(g) STATUS OF MEMBERS.—

10 ‘‘(1) OTHER CLAIMS.—A member of the Board

11 has no personal liability under Federal law with re12 spect to any claim arising out of or resulting from

13 any act or omission by such person, within the scope

14 of the service of the member on the Board, in connec15 tion with any transaction involving the provision of

16 financial assistance by the Corporation. This para17 graph shall not be construed to limit personal liabil18 ity for criminal acts or omissions, willful or mali19 cious misconduct, acts or omissions for private gain,

20 or any other act or omission outside the scope of the

21 service of such member on the Board.

22 ‘‘(2) EFFECT ON OTHER LAW.—This subsection

23 shall not be construed—

24 ‘‘(A) to affect any other immunities and

25 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 described

11 in this subsection.

12 ‘‘(h) DUTIES.—The Board shall—

13 ‘‘(1) prepare a strategic plan every 3 years, and

14 annual updates of the plan, for the Corporation with

15 respect to the grants, allotments, contracts, assistance,

16 and payments made by the Corporation, and with re17 spect to such standards, policies, procedures, pro18 grams, and initiatives as are necessary or appro19 priate to carry out this Act;

20 ‘‘(2) make recommendations with respect to the

21 regulations established under section 195(b)(3)(A);

22 ‘‘(3)(A) review the actions of the Chairperson

23 with respect to—

24 ‘‘(i) grants, allotments, contracts, assist25 ance, and payments made by the Corporation;
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1 ‘‘(ii) the personnel of the Corporation; and

2 ‘‘(iii) the standards, policies, procedures,

3 programs, and initiatives of the Corporation;

4 and

5 ‘‘(B) inform the Chairperson of any aspects of

6 the actions of the Chairperson that are not in compli7 ance with the annual strategic plan described in

8 paragraph (1) or the recommendations described in

9 paragraph (2), or are not consistent with the objec10 tives of this Act;

11 ‘‘(4) receive reports issued by the Inspector Gen12 eral of the Corporation and review actions taken by

13 the Chairperson with respect to such reports;

14 ‘‘(5) review the evaluation of programs estab15 lished under this Act, in accordance with section 179;

16 ‘‘(6) make recommendations for research with re17 spect to national and community service programs,

18 including service-learning programs;

19 ‘‘(7) advise the President and the Congress con20 cerning developments in national and community

21 service that merit the attention of the President and

22 the Congress;

23 ‘‘(8) disseminate information regarding the pro24 grams and initiatives of the Corporation; and
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1 ‘‘(9) carry out any other activities determined to

2 be appropriate by the Chairperson.

3 ‘‘SEC. 193. CHAIRPERSON AND DIRECTOR.

4 ‘‘(a) APPOINTMENT.—The Corporation shall be headed

5 by an individual who shall serve as Chairperson of the

6 Board and as Director of the Corporation, and who shall

7 be appointed by the President, by and with the advice and

8 consent of the Senate.

9 ‘‘(b) COMPENSATION.—The Chairperson shall be com10 pensated at the rate provided for level III of the Executive

11 Schedule under section 5314 of title 5, United States Code.

12 ‘‘(c) REGULATIONS.—The Chairperson shall prescribe

13 such rules and regulations as are necessary or appropriate

14 to carry out this Act.

15 ‘‘SEC. 193A. AUTHORITIES AND DUTIES OF THE CHAIR16 PERSON.

17 ‘‘(a) GENERAL POWERS AND DUTIES.—The Chair18 person shall be responsible for the exercise of the powers and

19 the discharge of the duties of the Corporation that are not

20 reserved to the Board, and shall have authority and control

21 over all personnel of the Corporation.

22 ‘‘(b) DUTIES.—In addition to the duties conferred on

23 the Chairperson under any other provision of this Act, the

24 Chairperson shall—
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1 ‘‘(1) submit a proposal to the Board regarding,

2 and establish, such standards, policies, and proce3 dures, as are necessary or appropriate to carry out

4 this Act;

5 ‘‘(2) establish and administer such programs and

6 initiatives as the Chairperson, acting on the rec7 ommendation of the Board, may determine to be nec8 essary or appropriate to carry out this Act;

9 ‘‘(3) consult with appropriate Federal agencies

10 in administering such programs and initiatives;

11 ‘‘(4) on the recommendation of the Board, sus12 pend or terminate payments and positions provided

13 pursuant to the national service laws, in accordance

14 with section 176;

15 ‘‘(5) prepare and submit to the Board an annual

16 report, and such interim reports as may be necessary,

17 describing the major actions of the Chairperson with

18 respect to the personnel of the Corporation, and with

19 respect to such standards, policies, procedures, pro20 grams, and initiatives;

21 ‘‘(6) notify, and provide an explanation to, the

22 Board regarding any substantial differences between

23 the actions of the Chairperson and the strategic plan

24 described in section 192A(h)(2); and
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1 ‘‘(7) prepare and submit to the appropriate com2 mittees of Congress an annual report, and such in3 terim reports as may be necessary, describing—

4 ‘‘(A) the services referred to in paragraph

5 (1), and the money and property referred to in

6 paragraph (2), of section 196(a) that have been

7 accepted by the Corporation; and

8 ‘‘(B) the manner in which the Corporation

9 used or disposed of such services, money, and

10 property.

11 ‘‘(c) POWERS.—In addition to the authority conferred

12 on the Chairperson under any other provision of this Act,

13 the Chairperson may—

14 ‘‘(1) establish, alter, consolidate, or discontinue

15 such organizational units or components within the

16 Corporation as the Chairperson considers necessary or

17 appropriate;

18 ‘‘(2) with the approval of the President—

19 ‘‘(A) arrange with and reimburse the heads

20 of other Federal agencies for the performance of

21 any of the provisions of this Act; and

22 ‘‘(B) as necessary or appropriate—

23 ‘‘(i) delegate any of the functions of the

24 Chairperson under this Act, or, with the

25 permission of the Board, any of the func-
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1 tions of the Board under this Act, to such

2 heads of Federal agencies; and

3 ‘‘(ii) authorize the redelegation of such

4 functions,

5 subject to provisions to assure the maximum pos6 sible liaison between the Corporation and such

7 other agencies at all operating levels;

8 ‘‘(3) with their consent, utilize the services and

9 facilities of Federal agencies with or without reim10 bursement, and, with the consent of any State, or po11 litical subdivision of a State, accept and utilize the

12 services and facilities of the agencies of such State or

13 subdivisions without reimbursement;

14 ‘‘(4) allocate and expend, or transfer to other

15 Federal agencies for expenditure, funds made avail16 able under this Act, including expenditure for con17 struction, repairs, and capital improvements;

18 ‘‘(5) disseminate, without regard to the provi19 sions of section 3204 of title 39, United States Code,

20 data and information, in such form as the Chair21 person shall determine to be appropriate to public

22 agencies, private organizations, and the general pub23 lic;

24 ‘‘(6) collect or compromise all obligations to or

25 held by the Chairperson and all legal or equitable
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1 rights accruing to the Chairperson in connection with

2 the payment of obligations in accordance with chap3 ter 37 of title 31, United States Code (commonly

4 known as the ‘Federal Claims Collection Act of

5 1966’);

6 ‘‘(7) expend funds made available for purposes of

7 this Act, without regard to any other law or regula8 tion, for rent of buildings and space in buildings and

9 for repair, alteration, and improvement of buildings

10 and space in buildings rented by the Chairperson;

11 ‘‘(8) file a civil action in any court of record of

12 a State having general jurisdiction or in any district

13 court of the United States, with respect to a claim

14 arising under this Act;

15 ‘‘(9) exercise the authorities of the Corporation

16 under section 196; and

17 ‘‘(10) generally perform such functions and take

18 such steps consistent with the objectives and provi19 sions of this Act, as the Chairperson determines to be

20 necessary or appropriate to carry out such provisions.

21 ‘‘(d) DELEGATION.—

22 ‘‘(1) DEFINITION.—As used in this subsection,

23 the term ‘function’ means any duty, obligation,

24 power, authority, responsibility, right, privilege, ac25 tivity, or program.
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1 ‘‘(2) IN GENERAL.—Except as otherwise prohib2 ited by law or provided in this Act, the Chairperson

3 may delegate any function under this Act, and au4 thorize such successive redelegations of such function

5 as may be necessary or appropriate. No delegation of

6 a function by the Chairperson under this subsection

7 or under any other provision of this Act shall relieve

8 such Chairperson of responsibility for the administra9 tion of such function.

10 ‘‘(3) FUNCTION OF BOARD.—The Chairperson

11 may not delegate a function of the Board without the

12 permission of the Board.

13 ‘‘(e) ACTIONS.—In an action described in subsection

14 (c)(8)—

15 ‘‘(1) a district court referred to in such sub16 section shall have jurisdiction of such a civil action

17 without regard to the amount in controversy;

18 ‘‘(2) such an action brought by the Chairperson

19 shall survive notwithstanding any change in the per20 son occupying the office of Chairperson or any va21 cancy in that office;

22 ‘‘(3) no attachment, injunction, garnishment, or

23 other similar process, mesne or final, shall be issued

24 against the Chairperson or the Board or property
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1 under the control of the Chairperson or the Board;

2 and

3 ‘‘(4) nothing in this section shall be construed to

4 except litigation arising out of activities under this

5 Act from the application of sections 509, 517, 547,

6 and 2679 of title 28, United States Code.

7 ‘‘SEC. 194. OFFICERS.

8 ‘‘(a) MANAGING DIRECTORS.—

9 ‘‘(1) IN GENERAL.—There shall be in the Cor10 poration 2 Managing Directors, who shall be ap11 pointed by the President, by and with the advice and

12 consent of the Senate.

13 ‘‘(2) COMPENSATION.—The Managing Directors

14 shall be compensated at the rate provided for level IV

15 of the Executive Schedule under section 5315 of title

16 5, United States Code.

17 ‘‘(3) DUTIES.—

18 ‘‘(A) FEDERAL PROGRAMS.—One of the

19 Managing Directors shall be primarily respon20 sible for the Federal programs carried out by the

21 Corporation.

22 ‘‘(B) INVESTMENT PROGRAMS.—The other

23 Managing Director shall be primarily respon24 sible for the financial assistance programs car25 ried out by the Corporation.
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1 ‘‘(b) INSPECTOR GENERAL.—There shall be in the Cor2 poration an Office of Inspector General as provided in sec3 tion 8E(a)(2) of the Inspector General Act of 1978 (5 U.S.C.

4 App.).

5 ‘‘(c) CHIEF FINANCIAL OFFICER.—

6 ‘‘(1) OFFICE.—There shall be in the Corporation

7 a Chief Financial Officer, who shall be appointed by

8 the President, by and with the advice and consent of

9 the Senate.

10 ‘‘(2) COMPENSATION.—The Chief Financial Offi11 cer shall be compensated at the rate provided for level

12 IV of the Executive Schedule under section 5315 of

13 title 5, United States Code.

14 ‘‘(3) DUTIES.—The Chief Financial Officer

15 shall—

16 ‘‘(A) report directly to the Chairperson re17 garding financial management matters;

18 ‘‘(B) oversee all financial management ac19 tivities relating to the programs and operations

20 of the Corporation;

21 ‘‘(C) develop and maintain an integrated

22 accounting and financial management system

23 for the Corporation, including financial report24 ing and internal controls;
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1 ‘‘(D) develop and maintain any joint finan2 cial management systems with the Department

3 of Education necessary to carry out the pro4 grams of the Corporation; and

5 ‘‘(E) direct, manage, and provide policy

6 guidance and oversight of the financial manage7 ment personnel, activities, and operations of the

8 Corporation.

9 ‘‘SEC. 194A. CORPORATION STATE OFFICES.

10 ‘‘(a) IN GENERAL.—The Chairperson shall establish

11 and maintain a decentralized field structure which provides

12 for an office of the Corporation for each State which is lo13 cated in or in reasonable proximity of each such State. Such

14 State office may be directed by the State Corporation rep15 resentative designated under section 195(b)(1).

16 ‘‘(b) DUTIES.—Each State office established pursuant

17 to subsection (a) shall—

18 ‘‘(1) provide to the State Commissions estab19 lished under section 178 technical and other assist20 ance for the development and implementation of State

21 service plans;

22 ‘‘(2) provide to community-based agencies and

23 other entities within the State technical assistance for

24 the preparation of applications for assistance under

25 the national service laws, utilizing, as appropriate,
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1 information and materials provided by the clearing2 houses established pursuant to section 198A;

3 ‘‘(3) provide to the State Commission and other

4 entities within the State support and technical assist5 ance necessary to assure that there is an effective sys6 tem of recruitment, placement, and training of volun7 teers within the State;

8 ‘‘(4) monitor and evaluate the performance of all

9 programs and projects within the State which receive

10 assistance under the national service laws; and

11 ‘‘(5) perform such other duties and functions

12 which may be assigned or delegated by the Chair13 person.

14 ‘‘SEC. 195. EMPLOYEES, CONSULTANTS, AND OTHER PER15 SONNEL.

16 ‘‘(a) EMPLOYEES.—

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2) and subsections (b) and (c), the Chair19 person shall, in accordance with applicable provisions

20 of title 5 of the United States Code, appoint and de21 termine the compensation of such employees as the

22 Chairperson determines to be necessary to carry out

23 the duties of the Corporation.

24 ‘‘(2) ASSISTANT DIRECTORS FOR VISTA AND NA25 TIONAL SENIOR VOLUNTEER CORPS.—
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1 ‘‘(A) APPOINTMENT.—The Managing Direc2 tor primarily responsible for the Federal pro3 grams carried out by the Corporation (appointed

4 pursuant to section 194(a)) shall, in accordance

5 with applicable provisions of title 5 of the

6 United States Code, appoint 4 Assistant Direc7 tors who shall report directly to such Managing

8 Director, of which—

9 ‘‘(i) 1 Assistant Director shall be re10 sponsible for parts A and B of title I of the

11 Domestic Volunteer Service Act of 1973 (the

12 Volunteers in Service to America (VISTA)

13 program) and other antipoverty programs

14 under title I of that Act;

15 ‘‘(ii) 1 Assistant Director shall be re16 sponsible for part A of title II of that Act

17 (relating to the Retired Senior Volunteer

18 Program);

19 ‘‘(iii) 1 Assistant Director shall be re20 sponsible for part B of title II of that Act

21 (relating to the Foster Grandparent Pro22 gram); and

23 ‘‘(iv) 1 Assistant Director shall be re24 sponsible for part C of title II of that Act
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1 (relating to the Senior Companion Pro2 gram).

3 ‘‘(B) EFFECTIVE DATE FOR EXERCISE OF

4 AUTHORITY.—Each Assistant Director appointed

5 pursuant to subparagraph (A) may exercise the

6 authority assigned to each such Director only

7 after the effective date of section 203(b) of the

8 National Service Trust Act of 1993.

9 ‘‘(b) ALTERNATIVE PERSONNEL SYSTEM.—

10 ‘‘(1) AUTHORITY.—To the extent the Chairperson

11 determines it appropriate and desirable to further the

12 effective operation of the Corporation, the Chairperson

13 may designate positions in the Corporation to which

14 appointments may be made and for which compensa15 tion may be determined without regard to the provi16 sions of title 5, United States Code, governing ap17 pointments in the competitive service, and without re18 gard to the provisions of chapter 51 and subchapter

19 III of chapter 53 of such title relating to classification

20 and General Schedule pay rates. The Chairperson

21 may provide for appointments to such positions to be

22 made on a limited term basis.

23 ‘‘(2) APPOINTMENT IN THE COMPETITIVE SERV24 ICE AFTER EMPLOYMENT UNDER ALTERNATIVE PER25 SONNEL SYSTEM.—The Director of the Office of Per-
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1 sonnel Management may grant competitive status for

2 appointment to the competitive service, under such

3 conditions as the Director may prescribe, to an em4 ployee who is appointed under this subsection and

5 who is separated from the Corporation (other than by

6 removal for cause).

7 ‘‘(3) SELECTION AND COMPENSATION SYSTEM.—

8 ‘‘(A) ESTABLISHMENT OF SYSTEM.—The

9 Chairperson, after reviewing the recommenda10 tions of the Board under section 192A(h)(2), and

11 after obtaining the approval of the Director of

12 the Office of Personnel Management, shall issue

13 regulations establishing a selection and com14 pensation system for employees of the Corpora15 tion appointed under paragraph (1). In issuing

16 such regulations, the Chairperson shall take into

17 consideration the need for flexibility in such a

18 system.

19 ‘‘(B) APPLICATION.—The Chairperson shall

20 appoint and determine the compensation of em21 ployees in accordance with the selection and

22 compensation system established under subpara23 graph (A).
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1 ‘‘(C) SELECTION.—The system established

2 under subparagraph (A) shall provide for the se3 lection of employees—

4 ‘‘(i) through a competitive process; and

5 ‘‘(ii) on the basis of the qualifications

6 of applicants and the requirements of the

7 positions.

8 ‘‘(D) COMPENSATION.—The system estab9 lished under subparagraph (A) shall include a

10 scheme for the classification of positions in the

11 Corporation. The system shall require that the

12 compensation of an employee be determined in

13 part on the basis of the job performance of the

14 employee, and in a manner consistent with the

15 principles described in section 5301 of title 5,

16 United States Code. The rate of compensation for

17 each employee compensated under the system

18 shall not exceed the annual rate of basic pay

19 payable for level IV of the Executive Schedule

20 under section 5315 of title 5, United States Code.

21 ‘‘(c) CORPORATION REPRESENTATIVE IN EACH

22 STATE.—

23 ‘‘(1) APPOINTMENT OF REPRESENTATIVE.—The

24 Chairperson shall, without regard to the provisions of

25 title 5, United States Code, governing appointments
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1 in the competitive service, appoint an employee to

2 serve as the representative of the Corporation for each

3 State or group of States to assist the Corporation in

4 carrying out the activities described in this Act in the

5 State or States.

6 ‘‘(2) DUTIES.—The representative appointed

7 under this subsection for a State or group of States

8 shall serve as the liaison between—

9 ‘‘(A) the Corporation and the State Com10 mission that is established in the State or States;

11 and

12 ‘‘(B) the Corporation and any subdivision

13 of a State, Indian tribe, public or private non14 profit organization, or institution of higher edu15 cation, in the State or States, that is awarded a

16 grant under section 121 directly from the Cor17 poration.

18 ‘‘(3) MEMBER OF STATE COMMISSION.—The rep19 resentative appointed under this subsection for a

20 State or group of States shall also serve as a voting

21 member of the State Commission established in the

22 State or States.

23 ‘‘(4) COMPENSATION.—

24 ‘‘(A) IN GENERAL.—The Chairperson may

25 determine the compensation of representatives
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1 appointed under this subsection without regard

2 to the provisions of chapter 51 and subchapter

3 III of chapter 53 of title 5, United States Code,

4 relating to classification and General Schedule

5 pay rates.

6 ‘‘(B) LIMITATION ON COMPENSATION.—The

7 rate of compensation for each representative ap8 pointed under this subsection shall not exceed the

9 maximum rate of basic pay payable for GS–15

10 of the General Schedule under section 5332 of

11 title 5, United States Code.

12 ‘‘(d) CONSULTANTS.—The Chairperson may procure

13 the temporary and intermittent services of experts and con14 sultants and compensate the experts and consultants in ac15 cordance with section 3109(b) of title 5, United States Code.

16 ‘‘(e) DETAILS OF PERSONNEL.—The head of any Fed17 eral department or agency may detail on a reimbursable

18 basis, or on a nonreimbursable basis for not to exceed 180

19 calendar days during any fiscal year, as agreed upon by

20 the Chairperson and the head of the Federal agency, any

21 of the personnel of that department or agency to the Cor22 poration to assist the Corporation in carrying out the du23 ties of the Corporation under this Act. Any detail shall not

24 interrupt or otherwise affect the civil service status or privi25 leges of the Federal employee.
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1 ‘‘(f) ADVISORY COMMITTEES.—

2 ‘‘(1) ESTABLISHMENT.—The Chairperson, acting

3 upon the recommendation of the Board, may establish

4 advisory committees in the Corporation to advise the

5 Board with respect to national service issues, such as

6 the type of programs to be established or assisted

7 under the national service laws, priorities and cri8 teria for such programs, and methods of conducting

9 outreach for, and evaluation of, such programs.

10 ‘‘(2) COMPOSITION.—Such an advisory commit11 tee shall be composed of members appointed by the

12 Chairperson, with such qualifications as the Chair13 person may specify.

14 ‘‘(3) EXPENSES.—Members of such an advisory

15 committee may be allowed travel expenses as described

16 in section 192A(e).

17 ‘‘(4) STAFF.—The Chairperson is authorized to

18 appoint and fix the compensation of such staff as the

19 Chairperson determines to be necessary to carry out

20 the functions of the advisory committee, without re21 gard to the provisions of title 5, United States Code,

22 governing appointments in the competitive service,

23 and without regard to the provisions of chapter 51

24 and subchapter III of chapter 53 of such title relating

25 to classification and General Schedule pay rates.
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1 Such compensation shall not exceed the maximum

2 rate of basic pay payable for GS–15 of the General

3 Schedule under section 5332 of title 5, United States

4 Code.

5 ‘‘SEC. 196. ADMINISTRATION

6 ‘‘(a) DONATIONS.—

7 ‘‘(1) SERVICES.—

8 ‘‘(A) VOLUNTEERS.—Notwithstanding sec9 tion 1342 of title 31, United States Code, the

10 Corporation may solicit and accept the vol11 untary services of individuals to assist the Cor12 poration in carrying out the duties of the Cor13 poration under this Act, and may provide to

14 such individuals the travel expenses described in

15 section 192A(e).

16 ‘‘(B) LIMITATION.—Such a volunteer shall

17 not be considered to be a Federal employee and

18 shall not be subject to the provisions of law relat19 ing to Federal employment, including those re20 lating to hours of work, rates of compensation,

21 leave, unemployment compensation, and Federal

22 employee benefits, except that for the purposes of

23 subchapter I of chapter 81 of title 5, United

24 States Code, relating to compensation to Federal

25 employees for work injuries, volunteers under
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1 this subtitle shall be considered to be employees,

2 as defined in section 8101(1)(B) of title 5, Unit3 ed States Code, and the provisions of such sub4 chapter shall apply.

5 ‘‘(C) VOLUNTEER DEFINED.—For purposes

6 of this paragraph, the term ‘volunteer’ does not

7 include a participant.

8 ‘‘(2) PROPERTY.—

9 ‘‘(A) SOLICITATION AND ACCEPTANCE AU10 THORIZED.—The Corporation may solicit, ac11 cept, hold, administer, use, and dispose of, in

12 furtherance of the purposes of this Act, donations

13 of any money or property, real, personal, or

14 mixed, tangible or intangible, received by gift,

15 devise, bequest, or otherwise. Donations accepted

16 under this subparagraph shall be used as nearly

17 as possibly in accordance with the terms, if any,

18 of such donation.

19 ‘‘(B) STATUS OF CONTRIBUTION.—Any do20 nation accepted under subparagraph (A) shall be

21 considered to be a gift, devise, or bequest to, or

22 for the use of, the United States.

23 ‘‘(C) RULES.—The Corporation shall estab24 lish written rules to ensure that the solicitation,
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1 acceptance, holding, administration, and use of

2 donations described in subparagraph (A)—

3 ‘‘(i) will not reflect unfavorably upon

4 the ability of the Corporation, or of any of5 ficer or employee of the Corporation, to

6 carry out the responsibilities or official du7 ties of the Corporation in a fair and objec8 tive manner; and

9 ‘‘(ii) will not compromise the integrity

10 of the programs of the Corporation or any

11 official or employee of the Corporation in12 volved in such programs.

13 ‘‘(D) DISPOSITION.—Upon completion of

14 the use by the Corporation of any donation ac15 cepted pursuant to subparagraph (A) (other than

16 money or monetary proceeds from sales of prop17 erty accepted), such completion shall be reported

18 to the General Services Administration and such

19 property shall be disposed of in accordance with

20 title II of the Federal Property and Administra21 tive Services Act of 1949 (40 U.S.C. 481 et seq.).

22 ‘‘(b) CONTRACTS.—Subject to the Federal Property

23 and Administrative Services Act of 1949, the Corporation

24 may enter into contracts, and cooperative and interagency

25 agreements, with Federal and State agencies, private firms,
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1 institutions, and individuals to conduct activities necessary

2 to carry out the duties of the Corporation under this Act.’’.

3 (b) DOMESTIC VOLUNTEER SERVICE ACT OF 1973.—

4 Section 401 of the Domestic Volunteer Service Act of 1973

5 (42 U.S.C. 5041) is amended by inserting after the second

6 sentence the following: ‘‘The Director shall report directly

7 to the Chairperson of the Corporation for National Serv8 ice.’’.

9 (c) TRANSFER OF FUNCTIONS OF COMMISSION ON NA10 TIONAL AND COMMUNITY SERVICE.—

11 (1) DEFINITIONS.—For purposes of this sub12 section, unless otherwise provided or indicated by the

13 context, each term specified in section 203(c)(1) shall

14 have the meaning given the term in such section.

15 (2) TRANSFER OF FUNCTIONS.—There are trans16 ferred to the Corporation the functions that the Board

17 of Directors or Executive Director of the Commission

18 on National and Community Service exercised before

19 the effective date of this subsection (including all re20 lated functions of any officer or employee of the Com21 mission).

22 (3) APPLICATION.—The provisions of paragraphs

23 (3) through (10) of section 203(c) shall apply with re24 spect to the transfer described in paragraph (2), ex25 cept that—
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1 (A) for purposes of such application, ref2 erences to the term ‘‘ACTION Agency’’ shall be

3 deemed to be references to the Corporation; and

4 (B) paragraph (10) of such section shall not

5 preclude the transfer of the members of the Board

6 of Directors of the Commission to the Corpora7 tion if, on the effective date of this subsection, the

8 Board of Directors of the Corporation has not

9 been confirmed.

10 (d) CONTINUING PERFORMANCE OF CERTAIN FUNC11 TIONS.—The individuals who, on the day before the date

12 of enactment of this Act, are performing any of the func13 tions required by section 190 of the National and Commu14 nity Service Act of 1990 (42 U.S.C. 12651), as in effect

15 on such date, to be performed by the members of the Board

16 of Directors of the Commission on National and Commu17 nity Service may, subject to section 193A of the National

18 and Community Service Act of 1990, as added by subsection

19 (a) of this section, continue to perform such functions until

20 the date on the Board of Directors of the Corporation for

21 National Service conducts the first meeting of the Board.

22 The service of such individuals as members of the Board

23 of Directors of such Commission, and the employment of

24 such individuals as special government employees, shall ter25 minate on such date.
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1 (e) GOVERNMENT CORPORATION CONTROL.—

2 (1) WHOLLY OWNED GOVERNMENT CORPORA3 TION.—Section 9101(3) of title 31, United States

4 Code, is amended by inserting after subparagraph

5 (D) the following:

6 ‘‘(E) the Corporation for National Serv7 ice.’’.

8 (2) AUDITS.—Section 9105(a)(1) of title 31,

9 United States Code, is amended by inserting ‘‘, or

10 under other Federal law,’’ before ‘‘or by an independ11 ent’’.

12 (f) DISPOSAL OF PROPERTY.—Section 203(k) of the

13 Federal Property and Administrative Services Act of 1949

14 (40 U.S.C. 484(k)) is amended by adding at the end the

15 following:

16 ‘‘(5)(A) Under such regulations as the Administrator

17 may prescribe, the Administrator is authorized, in the dis18 cretion of the Administrator, to assign to the Chairperson

19 of the Corporation for National Service for disposal such

20 surplus property as is recommended by the Chairperson as

21 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 ac25 tivities, the Chairperson, through such officers or employees
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1 of the Corporation as the Chairperson may designate, may

2 sell, lease, or donate such property to any entity that re3 ceives financial assistance under the National and Commu4 nity Service Act of 1990 for such activities.

5 ‘‘(C) In fixing the sale or lease value of such property,

6 the Chairperson shall comply with the requirements of

7 paragraph (1)(C).’’.

8 (g) TABLE OF CONTENTS.—Section 1(b) of the Na9 tional and Community Service Act of 1990 (Public Law

10 101–610; 104 Stat. 3127) is amended by striking the items

11 relating to subtitle G of title I of such Act and inserting

12 the following:

‘‘Subtitle G—Corporation for National Service

‘‘Sec. 191. Corporation for National Service.

‘‘Sec. 192. Board of Directors.

‘‘Sec. 192A. Authorities and duties of the Board of Directors.

‘‘Sec. 193. Chairperson and Director.

‘‘Sec. 193A. Authorities and duties of the Chairperson.

‘‘Sec. 194. Officers.

‘‘Sec. 194A. Corporation State offices.

‘‘Sec. 195. Employees, consultants, and other personnel.

‘‘Sec. 196. Administration.’’.

13 (h) EFFECTIVE DATES.—

14 (1) IN GENERAL.—Except as provided in para15 graph (2), the amendments made by this section shall

16 take effect on October 1, 1993.

17 (2) ESTABLISHMENT AND APPOINTMENT AU18 THORITIES.—Sections 191, 192, and 193 of the Na19 tional and Community Service Act of 1990, as added
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1 by subsection (a), shall take effect on the date of en2 actment of this Act.

3 SEC. 203. FINAL AUTHORITIES OF THE CORPORATION FOR

4 NATIONAL SERVICE.

5 (a) NATIONAL AND COMMUNITY SERVICE ACT OF

6 1990.—

7 (1) APPLICATION.—Subtitle I of the National

8 and Community Service Act of 1990 (as amended by

9 section 202 of this Act) is amended in section 191,

10 paragraphs (3) and (5) of section 192A(h), section

11 193(c), subsections (b), (c) (other than paragraph

12 (8)), and (d) of section 193A, subsections (c) and (e)

13 of section 195, and subsections (a) and (b) of section

14 196, by striking ‘‘this Act’’ each place the term ap15 pears and inserting ‘‘the national service laws’’.

16 (2) GRANTS.—Section 192A(h) of the National

17 and Community Service Act of 1990 (as added by sec18 tion 202 of this Act) is amended—

19 (A) by striking ‘‘and’’ at the end of para20 graph (8);

21 (B) by redesignating paragraph (9) as

22 paragraph (10); and

23 (C) by inserting after paragraph (8) the fol24 lowing:
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1 ‘‘(9) notwithstanding any other provision of law,

2 make grants to or contracts with Federal or other

3 public departments or agencies and private nonprofit

4 organizations for the assignment or referral of volun5 teers under the provisions of the Domestic Volunteer

6 Service Act of 1973 (except as provided in section 108

7 of the Domestic Volunteer Service Act of 1973), which

8 may provide that the agency or organization shall

9 pay all or a part of the costs of the program; and’’.

10 (b) AUTHORITIES OF ACTION AGENCY.—Sections 401

11 and 402 of the Domestic Volunteer Service Act of 1973 (42

12 U.S.C. 5041 and 5042) are repealed.

13 (c) TRANSFER OF FUNCTIONS FROM ACTION AGEN14 CY.—

15 (1) DEFINITIONS.—For purposes of this sub16 section, unless otherwise provided or indicated by the

17 context—

18 (A) the term ‘‘Chairperson’’ means the

19 Chairperson of the Corporation;

20 (B) the term ‘‘Corporation’’ means the Cor21 poration for National Service, established under

22 section 191 of the National and Community

23 Service Act of 1990;
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1 (C) the term ‘‘Federal agency’’ has the

2 meaning given to the term ‘‘agency’’ by section

3 551(1) of title 5, United States Code;

4 (D) the term ‘‘function’’ means any duty,

5 obligation, power, authority, responsibility,

6 right, privilege, activity, or program; and

7 (E) the term ‘‘office’’ includes any office,

8 administration, agency, institute, unit, organi9 zational entity, or component thereof.

10 (2) TRANSFER OF FUNCTIONS.—There are trans11 ferred to the Corporation the functions that the Direc12 tor of the ACTION Agency exercised before the effec13 tive date of this subsection (including all related func14 tions of any officer or employee of the ACTION Agen15 cy).

16 (3) DETERMINATIONS OF CERTAIN FUNCTIONS BY

17 THE OFFICE OF MANAGEMENT AND BUDGET.—If nec18 essary, the Office of Management and Budget shall

19 make any determination of the functions that are

20 transferred under paragraph (2).

21 (4) REORGANIZATION.—The Chairperson is au22 thorized to allocate or reallocate any function trans23 ferred under paragraph (2) among the officers of the

24 Corporation.
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1 (5) TRANSFER AND ALLOCATIONS OF APPROPRIA2 TIONS AND PERSONNEL.—Except as otherwise pro3 vided in this subsection, the personnel employed in

4 connection with, and the assets, liabilities, contracts,

5 property, records, and unexpended balances of appro6 priations, authorizations, allocations, and other funds

7 employed, used, held, arising from, available to, or to

8 be made available in connection with the functions

9 transferred by this subsection, subject to section 1531

10 of title 31, United States Code, shall be transferred to

11 the Corporation. Unexpended funds transferred pur12 suant to this paragraph shall be used only for the

13 purposes for which the funds were originally author14 ized and appropriated.

15 (6) INCIDENTAL TRANSFER.—The Director of the

16 Office of Management and Budget, at such time or

17 times as the Director shall provide, is authorized to

18 make such determinations as may be necessary with

19 regard to the functions transferred by this subsection,

20 and to make such additional incidental dispositions

21 of personnel, assets, liabilities, grants, contracts,

22 property, records, and unexpended balances of appro23 priations, authorizations, allocations, and other funds

24 held, used, arising from, available to, or to be made

25 available in connection with such functions, as may
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1 be necessary to carry out the provisions of this sub2 section. The Director of the Office of Management and

3 Budget shall provide for the termination of the affairs

4 of all entities terminated by this subsection and for

5 such further measures and dispositions as may be

6 necessary to effectuate the purposes of this subsection.

7 (7) EFFECT ON PERSONNEL.—

8 (A) IN GENERAL.—Except as otherwise pro9 vided by this subsection, the transfer pursuant to

10 this subsection of full-time personnel (except spe11 cial Government employees) and part-time per12 sonnel holding permanent positions shall be to

13 positions in the Corporation subject to section

14 195(a)(1) of the National and Community Serv15 ice Act of 1990, as added by section 202(a) of

16 this Act, and shall not cause any such employee

17 to be separated or reduced in grade or compensa18 tion, or to have the benefits of the employee re19 duced, for 1 year after the date of transfer of

20 such employee under this subsection, and such

21 transfer shall be deemed to be a transfer of func22 tions for purposes of section 3503 of title 5 of the

23 United States Code.

24 (B) EXECUTIVE SCHEDULE POSITIONS.—

25 Except as otherwise provided in this subsection,
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1 any person who, on the day preceding the effec2 tive date of this subsection, held a position com3 pensated in accordance with the Executive

4 Schedule prescribed in chapter 53 of title 5,

5 United States Code, and who, without a break in

6 service, is appointed in the Corporation to a po7 sition having duties comparable to the duties

8 performed immediately preceding such appoint9 ment shall continue to be compensated in such

10 new position at not less than the rate provided

11 for such previous position, for the duration of the

12 service of such person in such new position.

13 (C) TERMINATION OF CERTAIN POSI14 TIONS.—Positions whose incumbents are ap15 pointed by the President, by and with the advice

16 and consent of the Senate, the functions of which

17 are transferred by this subsection, shall termi18 nate on the effective date of this subsection.

19 (8) SAVINGS PROVISIONS.—

20 (A) CONTINUING EFFECT OF LEGAL DOCU21 MENTS.—All orders, determinations, rules, regu22 lations, permits, agreements, grants, contracts,

23 certificates, licenses, registrations, privileges, and

24 other administrative actions—
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1 (i) that have been issued, made, grant2 ed, or allowed to become effective by the

3 President, any Federal agency or official

4 thereof, or by a court of competent jurisdic5 tion, in the performance of functions that

6 are transferred under this subsection; and

7 (ii) that are in effect at the time this

8 subsection takes effect, or were final before

9 the effective date of this subsection and are

10 to become effective on or after the effective

11 date of this subsection,

12 shall continue in effect according to their terms

13 until modified, terminated, superseded, set aside,

14 or revoked in accordance with law by the Presi15 dent, the Chairperson, or other authorized offi16 cial, a court of competent jurisdiction, or by op17 eration of law.

18 (B) PROCEEDINGS NOT AFFECTED.—The

19 provisions of this subsection shall not affect any

20 proceedings, including notices of proposed rule21 making, or any application for any license, per22 mit, certificate, or financial assistance pending

23 before the ACTION Agency at the time this sub24 section takes effect, with respect to functions

25 transferred by this subsection but such proceed-
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1 ings and applications shall be continued. Orders

2 shall be issued in such proceedings, appeals shall

3 be taken therefrom, and payments shall be made

4 pursuant to such orders, as if this subsection had

5 not been enacted, and orders issued in any such

6 proceedings shall continue in effect until modi7 fied, terminated, superseded, or revoked by a

8 duly authorized official, by a court of competent

9 jurisdiction, or by operation of law. Nothing in

10 this subparagraph shall be deemed to prohibit

11 the discontinuance or modification of any such

12 proceeding under the same terms and conditions

13 and to the same extent that such proceeding

14 could have been discontinued or modified if this

15 subsection had not been enacted.

16 (C) SUITS NOT AFFECTED.—The provisions

17 of this subsection shall not affect suits com18 menced before the effective date of this subsection,

19 and in all such suits, proceedings shall be had,

20 appeals taken, and judgments rendered in the

21 same manner and with the same effect as if this

22 subsection had not been enacted.

23 (D) NONABATEMENT OF ACTIONS.—No suit,

24 action, or other proceeding commenced by or

25 against the ACTION Agency, or by or against
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1 any individual in the official capacity of such

2 individual as an officer of the ACTION Agency,

3 shall abate by reason of the enactment of this

4 subsection.

5 (E) ADMINISTRATIVE ACTIONS RELATING TO

6 PROMULGATION OF REGULATIONS.—Any admin7 istrative action relating to the preparation or

8 promulgation of a regulation by the ACTION

9 Agency relating to a function transferred under

10 this subsection may be continued by the Corpora11 tion with the same effect as if this subsection had

12 not been enacted.

13 (9) SEVERABILITY.—If a provision of this sub14 section or its application to any person or cir15 cumstance is held invalid, neither the remainder of

16 this subsection nor the application of the provision to

17 other persons or circumstances shall be affected.

18 (10) TRANSITION.—Prior to, or after, any trans19 fer of a function under this subsection, the Chair20 person is authorized to utilize—

21 (A) the services of such officers, employees,

22 and other personnel of the ACTION Agency with

23 respect to functions that will be or have been

24 transferred to the Corporation by this subsection;

25 and
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1 (B) funds appropriated to such functions

2 for such period of time as may reasonably be

3 needed to facilitate the orderly implementation of

4 this subsection.

5 (d) EFFECTIVE DATE.—

6 (1) IN GENERAL.—Except as provided in para7 graph (2), this section, and the amendments made by

8 this section, shall take effect—

9 (A) 18 months after the date of enactment

10 of this Act; or

11 (B) on such earlier date as the President

12 shall determine to be appropriate and announce

13 by proclamation published in the Federal Reg14 ister.

15 (2) TRANSITION.—Subsection (c)(10) shall take

16 effect on the date of enactment of this Act.

17 TITLE III—REAUTHORIZATION

18 Subtitle A—National and

19 Community Service Act of 1990

20 SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

21 Section 501 of the National and Community Service

22 Act of 1990 (42 U.S.C. 12681) is amended to read as fol23 lows:

24 ‘‘SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

25 ‘‘(a) TITLE I.—
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1 ‘‘(1) SUBTITLE B.—There are authorized to be

2 appropriated to provide financial assistance under

3 subtitle B of title I, $45,000,000 for fiscal year 1994,

4 and such sums as may be necessary for each of the

5 fiscal years 1995 through 1996.

6 ‘‘(2) SUBTITLES C, D, AND H.—There are author7 ized to be appropriated to provide financial assist8 ance under subtitles C and H of title I, and to pro9 vide national service educational awards under sub10 title D of title I, $389,000,000 for fiscal year 1994,

11 and such sums as may be necessary for each of the

12 fiscal years 1995 through 1996. Of the funds appro13 priated under this paragraph for a fiscal year, not

14 more than 15 percent of such funds may be made

15 available to provide financial assistance for activities

16 in subtitle H, section 125, or section 126.

17 ‘‘(3) ADMINISTRATION.—There are authorized to

18 be appropriated for the administration of this Act

19 (including subtitle G) such sums as may be necessary

20 for each of the fiscal years 1994 through 1996.

21 ‘‘(b) TITLE III.—There are authorized to be appro22 priated to carry out title III $5,000,000 for each of the fis23 cal years 1994 through 1996.
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1 ‘‘(c) AVAILABILITY OF APPROPRIATIONS.—Funds ap2 propriated under this section shall remain available until

3 expended.’’.

4 Subtitle B—Domestic Volunteer

5 Service Act of 1973

6 SEC. 311. SHORT TITLE; REFERENCES.

7 (a) SHORT TITLE.—This subtitle may be cited as the

8 ‘‘Domestic Volunteer Service Act Amendments of 1993’’.

9 (b) REFERENCES.—Except as otherwise specifically

10 provided, whenever in this subtitle an amendment or repeal

11 is expressed in terms of an amendment to, or repeal of, a

12 section or other provision, the reference shall be considered

13 to be made to a section or other provision of the Domestic

14 Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.).

15 CHAPTER 1—VISTA AND OTHER ANTI16 POVERTY PROGRAMS

17 SEC. 321. PURPOSE OF THE VISTA PROGRAM.

18 The last sentence of section 101 (42 U.S.C. 4951) is

19 amended to read as follows: ‘‘In addition, the objectives of

20 this part are to generate the commitment of private sector

21 resources, to encourage volunteer service at the local level,

22 and to strengthen local agencies and organizations to carry

23 out the purpose of this part.’’.
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1 SEC. 321A. ASSISTANT DIRECTOR FOR VISTA PROGRAM.

2 (a) IN GENERAL.—Section 102 (42 U.S.C. 4952) is

3 amended by striking ‘‘The Director’’ and inserting ‘‘This

4 part shall be administered by the Assistant Director ap5 pointed pursuant to section 195(a)(2) of the National and

6 Community Service Act of 1990. Such Director’’.

7 (b) EFFECTIVE DATE.—The amendments made by sub8 section (a) shall take effect on the effective date of section

9 203(b).

10 SEC. 322. SELECTION AND ASSIGNMENT OF VISTA VOLUN11 TEERS.

12 (a) VOLUNTEER ASSIGNMENTS.—Section 103(a) (42

13 U.S.C. 4953(a)) is amended—

14 (1) in the matter preceding paragraph (1), by

15 striking ‘‘a public’’ and inserting ‘‘public’’;

16 (2) in paragraph (2), by striking ‘‘and’’ at the

17 end;

18 (3) in paragraph (3), by striking ‘‘illiterate or

19 functionally illiterate youth and other individuals,’’;

20 (4) in paragraph (5), by striking ‘‘and’’ at the

21 end;

22 (5) in paragraph (6)—

23 (A) by striking ‘‘or the Community Eco24 nomic’’ and inserting ‘‘the Community Eco25 nomic’’;
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1 (B) by inserting ‘‘or other similar Acts,’’

2 after ‘‘1981,’’; and

3 (C) by striking the period and inserting ‘‘;

4 and’’; and

5 (6) by adding at the end the following new para6 graph:

7 ‘‘(7) in strengthening, supplementing, and ex8 panding efforts to address the problem of illiteracy

9 throughout the United States.’’.

10 (b) RECRUITMENT PROCEDURES.—Section 103(b) (42

11 U.S.C. 4953(b)) is amended—

12 (1) in paragraph (2)—

13 (A) by amending subparagraph (A) to read

14 as follows:

15 ‘‘(2)(A) The Director shall establish and maintain

16 within the national headquarters of the ACTION Agency

17 (or any successor entity of such agency) a volunteer place18 ment office which shall be responsible for all functions relat19 ed to the recruitment and placement of volunteers under

20 this part. Such functions and activities shall be carried out

21 in coordination or in conjunction with recruitment and

22 placement activities carried out under the National Service

23 Trust Act of 1993.’’;

24 (B) by striking subparagraph (C); and
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1 (C) by redesignating subparagraph (D) as

2 subparagraph (C);

3 (2) by striking paragraphs (4) and (6); and

4 (3) by redesignating paragraphs (5) and (7) as

5 paragraphs (4) and (6), respectively.

6 (c) PUBLIC AWARENESS AND RECRUITMENT.—Sub7 section (c) of section 103 (42 U.S.C. 4953(c)) is amended—

8 (1) in paragraph (1)—

9 (A) in the 1st sentence by striking ‘‘regional

10 or State employees designated in subparagraphs

11 (C) and (D) of subsection (b)(2)’’ and inserting

12 ‘‘personnel described in subsection (b)(2)(C)’’;

13 (B) in the 2nd sentence, by striking ‘‘shall

14 include’’ and inserting ‘‘may include’’;

15 (C) by redesignating subparagraphs (F)

16 and (G) as subparagraphs (G) and (H), respec17 tively; and

18 (D) by inserting after subparagraph (E) the

19 following new subparagraph:

20 ‘‘(F) publicizing educational awards avail21 able under the National Service Trust Act of

22 1993;’’;

23 (2) by striking paragraphs (4) and (5); and

24 (3) by redesignating paragraph (6) as para25 graph (4).
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1 (d) COORDINATION WITH OTHER FEDERAL AGEN2 CIES.—Section 103 (42 U.S.C. 4953) is amended by adding

3 at the end the following new subsection:

4 ‘‘(h) The Director is encouraged to enter into agree5 ments with other Federal agencies to use VISTA volunteers

6 in furtherance of program objectives that are consistent with

7 the purposes described in section 101.’’.

8 SEC. 323. TERMS AND PERIODS OF SERVICE.

9 (a) CLARIFICATION AND PERIODS OF SERVICE.—Sub10 section (b) of section 104 (42 U.S.C. 4954(b)) is amended

11 to read as follows:

12 ‘‘(b)(1) Volunteers serving under this part may be en13 rolled initially for periods of service of not less than 1 year,

14 nor more than 2 years, except as provided in paragraph

15 (2) or subsection (e).

16 ‘‘(2) Volunteers serving under this part may be en17 rolled for periods of service of less than 1 year if the Direc18 tor determines, on an individual basis, that a period of

19 service of less than 1 year is necessary to meet a critical

20 scarce skill need.

21 ‘‘(3) Volunteers serving under this part may be

22 reenrolled for periods of service in a manner to be deter23 mined by the Director. No volunteer shall serve for more

24 than a total of 5 years under this part.’’.
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1 (b) SUMMER PROGRAM.—Section 104 (42 U.S.C.

2 4954) is amended by adding at the end the following new

3 subsection:

4 ‘‘(e)(1) Notwithstanding any other provision of this

5 part, the Director may enroll full-time VISTA summer as6 sociates in a program for the summer months only, under

7 such terms and conditions as the Director shall determine

8 to be appropriate. Such individuals shall be assigned to

9 projects that meet the criteria set forth in section 103(a).

10 ‘‘(2) In preparing reports relating to programs under

11 this Act, the Director shall report on participants, costs,

12 and accomplishments under the summer program sepa13 rately.

14 ‘‘(3) The limitation on funds appropriated for grants

15 and contracts, as contained in section 108, shall not apply

16 to the summer program.’’.

17 SEC. 324. SUPPORT FOR VISTA VOLUNTEERS.

18 (a) POSTSERVICE STIPEND.—Section 105(a)(1) (42

19 U.S.C. 4955(a)(1)) is amended—

20 (1) by inserting ‘‘(A)’’ after ‘‘(a)(1)’’; and

21 (2) by striking the second sentence and inserting

22 the following:

23 ‘‘(B) Such stipend shall not exceed $95 per month in

24 fiscal year 1994, but shall be set at a minimum of $100

25 per month during the service of the volunteer after Octo-
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1 ber 1, 1994. The Director may provide a stipend of a maxi2 mum of $200 per month in the case of persons who have

3 served as volunteers under this part for at least 1 year and

4 who, in accordance with standards established in such regu5 lations as the Director shall prescribe, have been designated

6 volunteer leaders on the basis of experience and special skills

7 and a demonstrated leadership among volunteers.

8 ‘‘(C) The Director shall not provide a stipend under

9 this subsection to an individual who elects to receive a na10 tional service education award under subtitle D of title I

11 of the National and Community Service Act of 1990.’’.

12 (b) SUBSISTENCE ALLOWANCE.—Section 105(b) (42

13 U.S.C. 4955(b)) is amended—

14 (1) in paragraph (3)—

15 (A) by striking subparagraph (A);

16 (B) in subparagraph (B), by striking the

17 subparagraph designation; and

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

19 sentence: ‘‘The Director shall review such adjust20 ments on an annual basis to ensure that the ad21 justments are current.’’; and

22 (2) by striking paragraph (4).
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1 SEC. 325. PARTICIPATION OF YOUNGER AND OLDER PER2 SONS.

3 Section 107 (42 U.S.C. 4957) is amended to read as

4 follows:

5 ‘‘SEC. 107. PARTICIPATION OF YOUNGER AND OLDER PER6 SONS.

7 ‘‘In carrying out this part and part C, the Director

8 shall take necessary steps, including the development of spe9 cial projects, where appropriate, to encourage the fullest

10 participation of individuals 18 through 27 years of age,

11 and individuals 55 years of age and older, in the various

12 programs and activities authorized under such parts.’’.

13 SEC. 326. LITERACY ACTIVITIES.

14 Section 109 (42 U.S.C. 4959) is amended—

15 (1) in subsection (g)—

16 (A) by striking paragraph (1); and

17 (B) by striking the paragraph designation

18 of paragraph (2); and

19 (2) in subsection (h)—

20 (A) in paragraph (1) by striking ‘‘para21 graphs (2) and (3)’’ and inserting ‘‘paragraph

22 (2)’’; and

23 (B) by striking paragraph (3).

24 SEC. 327. APPLICATIONS FOR ASSISTANCE.

25 Section 110 (42 U.S.C. 4960) is amended to read as

26 follows:
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1 ‘‘SEC. 110. APPLICATIONS FOR ASSISTANCE.

2 ‘‘In reviewing an application for assistance under this

3 part, the Director shall not deny such assistance to any

4 project or program, or any public or private nonprofit orga5 nization, solely on the basis of the duration of the assistance

6 such project, program, or organization has received under

7 this part prior to the date of submission of the application.

8 The Director shall grant assistance under this part on the

9 basis of merit and to accomplish the goals of the VISTA

10 program, and shall consider the needs and requirements of

11 projects in existence on such date as well as potential new

12 projects.’’.

13 SEC. 328. REPEAL OF AUTHORITY FOR STUDENT COMMU14 NITY SERVICE PROGRAMS.

15 Part B of title I (42 U.S.C. 4971 et seq.) is amended

16 by repealing section 114 (42 U.S.C. 4974).

17 SEC. 329. UNIVERSITY YEAR FOR VISTA.

18 (a) PROGRAM TITLE.—Part B of title I (42 U.S.C.

19 4971 et seq.) is amended—

20 (1) in the part heading to read as follows:

21 ‘‘PART B—UNIVERSITY YEAR FOR VISTA’’;

22 (2) by striking ‘‘University Year for ACTION’’

23 each place that such term appears in such part and

24 inserting ‘‘University Year for VISTA’’;

25 (3) by striking ‘‘UYA’’ each place that such term

26 appears in such part and inserting ‘‘UYV’’; and
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1 (4) in section 112 (42 U.S.C. 4972) by striking

2 the section heading and inserting the following new

3 section heading:

4 ‘‘AUTHORITY TO OPERATE UNIVERSITY YEAR FOR VISTA

5 PROGRAM’’.

6 (b) SPECIAL CONDITIONS.—Section 113(a) (42 U.S.C.

7 4973(a)) is amended—

8 (1) by striking ‘‘of not less than the duration of

9 an academic year’’ and inserting ‘‘of not less than the

10 duration of an academic semester or its equivalent’’;

11 and

12 (2) by adding at the end the following new sen13 tence: ‘‘Volunteers may receive a living allowance and

14 such other support or allowances as the Director de15 termines to be appropriate.’’.

16 SEC. 330. AUTHORITY TO ESTABLISH AND OPERATE SPE17 CIAL VOLUNTEER AND DEMONSTRATION

18 PROGRAMS.

19 Section 122 (42 U.S.C. 4992) is amended to read as

20 follows:

21 ‘‘SEC. 122. AUTHORITY TO ESTABLISH AND OPERATE SPE22 CIAL VOLUNTEER AND DEMONSTRATION

23 PROGRAMS.

24 ‘‘(a) IN GENERAL.—The Director is authorized to con25 duct special volunteer programs for demonstration pro26 grams, or award grants to or enter into contracts with pub-
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1 lic or nonprofit organizations to carry out such programs.

2 Such programs shall encourage wider volunteer participa3 tion on a full-time, part-time, or short-term basis to further

4 the purpose of this part, and identify particular segments

5 of the poverty community that could benefit from volunteer

6 and other antipoverty efforts.

7 ‘‘(b) ASSIGNMENT AND SUPPORT OF VOLUNTEERS.—

8 The assignment of volunteers under this section, and the

9 provision of support for such volunteers, including any sub10 sistence allowances and stipends, shall be on such terms and

11 conditions as the Director shall determine to be appro12 priate, but shall not exceed the level of support provided

13 under section 105. Projects using volunteers who do not re14 ceive stipends may also be supported under this section.

15 ‘‘(c) CRITERIA AND PRIORITIES.—In carrying out this

16 section and section 123, the Director shall establish criteria

17 and priorities for awarding grants and entering into con18 tracts under this part in each fiscal year. No grant or con19 tract exceeding $100,000 shall be made under this part un20 less the recipient of the grant or contractor has been selected

21 by a competitive process that includes public announcement

22 of the availability of funds for such grant or contract, gen23 eral criteria for the selection of recipients or contractors,

24 and a description of the application process and applica25 tion review process.’’.
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1 SEC. 331. TECHNICAL AND FINANCIAL ASSISTANCE.

2 Section 123 (42 U.S.C. 4993) is amended to read as

3 follows:

4 ‘‘SEC. 123. TECHNICAL AND FINANCIAL ASSISTANCE.

5 ‘‘The Director may provide technical and financial as6 sistance to Federal agencies, State and local governments

7 and agencies, private nonprofit organizations, employers,

8 and other private organizations that utilize or desire to uti9 lize volunteers in carrying out the purpose of this part.’’.

10 SEC. 332. ELIMINATION OF SEPARATE AUTHORITY FOR

11 DRUG ABUSE PROGRAMS.

12 Section 124 (42 U.S.C. 4994) is repealed.

13 CHAPTER 2—NATIONAL SENIOR

14 VOLUNTEER CORPS

15 SEC. 341. NATIONAL SENIOR VOLUNTEER CORPS.

16 (a) TITLE HEADING.—The heading for title II is

17 amended to read as follows:

18 ‘‘TITLE II—NATIONAL SENIOR VOLUNTEER

19 CORPS’’.

20 (b) REFERENCES.—

21 (1) Section 200(1) (42 U.S.C. 5000(1)) is

22 amended by striking ‘‘Older American Volunteer Pro23 grams’’ and inserting ‘‘National Senior Volunteer

24 Corps’’.

25 (2) The heading for section 221 (42 U.S.C. 5021)

26 is amended by striking ‘‘OLDER AMERICAN VOLUN-
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1 TEER PROGRAMS’’ and inserting ‘‘NATIONAL SENIOR

2 VOLUNTEER CORPS’’.

3 (3) Section 224 (42 U.S.C. 5024) is amended—

4 (A) in the section heading by striking

5 ‘‘OLDER AMERICAN VOLUNTEER PROGRAMS’’ and

6 inserting ‘‘NATIONAL SENIOR VOLUNTEER

7 CORPS’’; and

8 (B) by striking ‘‘volunteer projects for Older

9 Americans’’ and inserting ‘‘National Senior Vol10 unteer Corps projects’’.

11 (4) Section 205(c) of the Older Americans

12 Amendments of 1975 (Public Law 94–135; 89 Stat.

13 727; 42 U.S.C. 5001 note) is amended by striking

14 ‘‘national older American volunteer programs’’ each

15 place the term appears and inserting ‘‘National Sen16 ior Volunteer Corps programs’’.

17 SEC. 342. THE RETIRED AND SENIOR VOLUNTEER PRO18 GRAM.

19 (a) PART HEADING.—The heading for part A of title

20 II is amended by striking ‘‘RETIRED SENIOR VOLUNTEER

21 PROGRAM’’ and inserting ‘‘RETIRED AND SENIOR VOLUN22 TEER PROGRAM’’.

23 (b) REFERENCES.—Section 200 (42 U.S.C. 5000) is

24 amended by striking ‘‘retired senior volunteer program’’

25 each place that such term appears in such section and the
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1 Act and inserting ‘‘Retired and Senior Volunteer Pro2 gram’’.

3 SEC. 343. OPERATION OF THE RETIRED AND SENIOR VOL4 UNTEER PROGRAM.

5 Section 201(a) (42 U.S.C. 5001(a)) is amended—

6 (1) in the matter preceding paragraph (1) by

7 striking ‘‘retired persons’’ and inserting ‘‘retired indi8 viduals and working older individuals’’; and

9 (2) in paragraph (2)—

10 (A) by striking ‘‘aged sixty or over’’ and in11 serting ‘‘55 years of age or older’’; and

12 (B) by inserting ‘‘, and individuals 60

13 years of age or older will be given priority for

14 enrollment,’’ after ‘‘enrolled’’.

15 SEC. 344. SERVICES UNDER THE FOSTER GRANDPARENT

16 PROGRAM.

17 Section 211(a) (42 U.S.C. 5011(a)) is amended by

18 striking ‘‘, including services’’ and all that follows through

19 ‘‘with special needs.’’ and inserting a period and the follow20 ing: ‘‘Such services may include services by individuals

21 serving as foster grandparents to children with disabilities

22 and chronic health conditions and to children who are re23 ceiving care in hospitals, who are residing in homes for de24 pendent and neglected children, or who are receiving serv25 ices provided by day care centers, schools, Head Start agen-
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1 cies, early intervention programs, family support pro2 grams, or other programs, establishments, or institutions

3 providing services for children with special or exceptional

4 needs. Individual foster grandparents may provide person5 to-person services to one or more children, depending on the

6 need for such services.’’.

7 SEC. 345. STIPENDS FOR LOW-INCOME VOLUNTEERS.

8 Section 211(d) (42 U.S.C. 5011(d)) is amended—

9 (1) in the second sentence by striking ‘‘Any sti10 pend or allowance provided under this subsection

11 shall not be less than $2.20 per hour until October 1,

12 1990, $2.35 per hour during fiscal year 1991, and

13 $2.50 per hour on and after October 1, 1992,’’ and in14 serting ‘‘Any stipend or allowance provided under

15 this section shall not be less than $2.45 per hour on

16 and after October 1, 1993, and shall be adjusted once

17 prior to December 31, 1997, to account for inflation,

18 as determined by the Director and rounded to the

19 nearest five cents,’’; and

20 (2) by adding at the end the following:

21 ‘‘In establishing the amount of, and the effective date for,

22 such adjustment, the Director, in consultation with the

23 State commissions (as defined in section 178 of the Na24 tional and Community Service Act of 1990) and the heads

25 of the State offices established under section 195 of such Act,
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1 shall consider the effect such adjustment will have on the

2 ability of non-Federally funded volunteer programs similar

3 to the programs under this title to maintain their current

4 level of volunteer hours.’’.

5 SEC. 346. CONDITIONS OF GRANTS AND CONTRACTS.

6 Section 212(a) (42 U.S.C. 5012(a)) is amended—

7 (1) by striking paragraph (1), and

8 (2) in paragraph (2)—

9 (A) by striking ‘‘(2)(A)’’ and inserting

10 ‘‘(1)’’,

11 (B) in paragraph (1), as so redesignated—

12 (i) by redesignating clauses (i) and (ii)

13 as subparagraphs (A) and (B), respectively;

14 and

15 (ii) by redesignating subclauses (I) and

16 (II) as clauses (i) and (ii), respectively; and

17 (C) by striking ‘‘(B)’’ and inserting ‘‘(2)’’.

18 SEC. 347. AGREEMENTS WITH OTHER FEDERAL AGENCIES.

19 (a) PROMOTION.—Section 221(a) (42 U.S.C. 5021(a))

20 is amended—

21 (1) by striking ‘‘(a)’’ and inserting ‘‘(a)(1)’’; and

22 (2) by adding at the end the following:

23 ‘‘(2) To the maximum extent practicable, the Director

24 shall enter into agreements with—
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1 ‘‘(A) the Department of Health and Human

2 Services to—

3 ‘‘(i) involve retired and senior volunteers,

4 and foster grandparents, in Head Start pro5 grams;

6 ‘‘(ii) involve retired and senior volunteers,

7 and senior companions, in providing services au8 thorized by title III of the Older Americans Act

9 of 1965; and

10 ‘‘(iii) promote the recognition of such volun11 teers who are qualified to provide in-home serv12 ices for reimbursement under title XVIII of the

13 Social Security Act for providing such services;

14 ‘‘(B) the Department of Education to promote

15 intergenerational tutoring and mentoring for at-risk

16 children; and

17 ‘‘(C) the Environmental Protection Agency to

18 support conservation efforts.’’.

19 (b) MINIMUM EXPENDITURE.—Section 221(b)(3) (42

20 U.S.C. 5021(b)(3)) is amended by striking ‘‘$250,000’’ and

21 inserting ‘‘$500,000’’.

22 SEC. 348. MINORITY GROUP PARTICIPATION.

23 Section 223 (42 U.S.C. 5023) is amended by adding

24 at the end the following:
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1 ‘‘Such efforts shall include using methods appropriate to

2 communicate with individuals who have limited English

3 proficiency.’’.

4 SEC. 349. PROGRAMS OF NATIONAL SIGNIFICANCE.

5 Section 225 (42 U.S.C. 5025) is amended—

6 (1) in subsection (a)(2)(B) by striking ‘‘para7 graph (10)’’ and inserting ‘‘paragraphs (10), (12),

8 (15), and (16)’’;

9 (2) in subsection (b), by adding at the end the

10 following new paragraphs:

11 ‘‘(12) Programs that address environmental

12 needs.

13 ‘‘(13) Programs that reach out to organizations

14 (such as labor unions and profit-making organiza15 tions) not previously involved in addressing national

16 problems of local concern.

17 ‘‘(14) Programs that provide for outreach to in18 crease participation of members of ethnic groups who

19 have limited English proficiency.

20 ‘‘(15) Programs that support criminal justice ac21 tivities and juvenile justice activities.

22 ‘‘(16) Programs that involve older volunteers

23 working with young people in apprenticeship pro24 grams.
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1 ‘‘(17) Programs that support the community in2 tegration of individuals with disabilities.’’;

3 (3) in subsection (c)(1), by striking ‘‘under this

4 title’’; and

5 (4) in subsection (d), by striking paragraph (1)

6 and inserting the following new paragraph:

7 ‘‘(1) Except as provided in paragraph (2), from the

8 amounts appropriated under subsection (a), (b), (c), or (d)

9 of section 502, for each fiscal year there shall be available

10 to the Director such sums as may be necessary to make

11 grants under subsection (a).’’.

12 SEC. 350. DEMONSTRATION PROGRAMS.

13 Title II is amended by adding at the end the following:

14 ‘‘PART E—DEMONSTRATION PROGRAMS

15 ‘‘SEC. 231. AUTHORITY OF DIRECTOR.

16 ‘‘(a) IN GENERAL.—The Director is authorized to

17 make grants to or enter into contracts with public or non18 profit private agencies and organizations, including orga19 nizations funded under part A, B, or C, for the purposes

20 of demonstrating innovative activities involving older indi21 viduals as volunteers. The Director may support under this

22 part both volunteers receiving stipends and volunteers not

23 receiving stipends.

24 ‘‘(b) ACTIVITIES.—An organization that receives a

25 grant or enters into a contract under subsection (a) may
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1 use funds made available through the grant or contract for

2 activities such as—

3 ‘‘(1) linking youth groups, and organizations

4 whose members are older individuals, in volunteer ac5 tivities;

6 ‘‘(2) involving older volunteers in programs and

7 activities different from those currently supported in

8 the community; and

9 ‘‘(3) testing whether programs for older volun10 teers may contribute to achieving new objectives or to

11 carrying out certain national priorities.’’.

12 CHAPTER 3—ADMINISTRATION

13 SEC. 361. PURPOSE OF AGENCY.

14 Section 401 (42 U.S.C. 5041) is amended—

15 (1) by inserting after the first sentence the fol16 lowing: ‘‘This Agency shall also promote the coordina17 tion of volunteer efforts among Federal, State, and

18 local agencies and organizations, exchange technical

19 assistance information among them, and provide tech20 nical assistance to other nations concerning domestic

21 volunteer programs within their countries.’’; and

22 (2) by striking ‘‘Older American Volunteer Pro23 grams’’ each place the term appears and inserting

24 ‘‘National Senior Volunteer Corps’’.
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1 SEC. 362. AUTHORITY OF THE DIRECTOR.

2 Section 402 (42 U.S.C. 5042) is amended in para3 graphs (5) and (6) by inserting ‘‘solicit and’’ before ‘‘ac4 cept’’ in each such paragraph.

5 SEC. 362A. POLITICAL ACTIVITIES.

6 Section 403 (42 U.S.C. 5043) is amended—

7 (1) by redesignating subsections (b)(2) and (c) as

8 subsections (c) and (d), respectively;

9 (2) in subsection (c), as so redesignated, by re10 designating subparagraphs (A) and (B) as para11 graphs (1) and (2), respectively; and

12 (3) by striking subsection (b)(1) and inserting

13 the following:

14 ‘‘(b)(1) Programs assisted under this Act shall not be

15 carried on in a manner involving the use of funds, the pro16 vision of services, or the employment or assignment of per17 sonnel in a manner supporting or resulting in the identi18 fication of such programs with—

19 ‘‘(A) any partisan or nonpartisan political ac20 tivity associated with a candidate, or a contending

21 faction or group, in an election for public or party

22 office;

23 ‘‘(B) any activity to provide voters or prospec24 tive voters with transportation to the polls or similar

25 assistance in connection with any such election; or

26 ‘‘(C) any voter registration activity;
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1 except that programs assisted under this Act may make

2 voter registration applications and nonpartisan voter reg3 istration information available to the public on the prem4 ises of such programs.

5 ‘‘(2) In carrying out any voter registration activity

6 permitted under paragraph (1), an individual who is affili7 ated with, or employed to carry out, a program assisted

8 under this Act shall not—

9 ‘‘(A) indicate a preference with respect to any

10 candidate, political party, or election issue; or

11 ‘‘(B) seek to influence the political or party af12 filiation, or voting decision, of any individual.’’.

13 SEC. 363. COMPENSATION FOR VOLUNTEERS.

14 Section 404 (42 U.S.C. 5044) is amended—

15 (1) in subsection (c), by inserting ‘‘from such

16 volunteers or from beneficiaries’’ after ‘‘compensa17 tion’’;

18 (2) by striking subsection (f); and

19 (3) by redesignating subsection (g) as subsection

20 (f).

21 SEC. 364. REPEAL OF REPORT.

22 Section 407 (42 U.S.C. 5047) is repealed.

23 SEC. 365. APPLICATION OF FEDERAL LAW.

24 Section 415(b)(4)(A) (42 U.S.C. 5055(b)(4)(A)) is

25 amended by striking ‘‘a grade GS–7 employee’’ and insert-
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1 ing ‘‘an employee at grade GS–5 of the General Schedule

2 under section 5332 of title 5, United States Code’’.

3 SEC. 366. NONDISCRIMINATION PROVISIONS.

4 Section 417 (42 U.S.C. 5057) is amended to read as

5 follows:

6 ‘‘SEC. 417. NONDISCRIMINATION PROVISIONS.

7 ‘‘(a) IN GENERAL.—

8 ‘‘(1) BASIS.—An individual with responsibility

9 for the operation of a program that receives assistance

10 under this Act shall not discriminate against a par11 ticipant in, or member of the staff of, such program

12 on the basis of race, color, national origin, sex, age,

13 or political affiliation of such participant or member,

14 or on the basis of disability, if the participant or

15 member is a qualified individual with a disability.

16 ‘‘(2) DEFINITION.—As used in paragraph (1),

17 the term ‘qualified individual with a disability’ has

18 the meaning given the term in section 101(8) of the

19 Americans with Disabilities Act of 1990 (42 U.S.C.

20 12111(8)).

21 ‘‘(b) FEDERAL FINANCIAL ASSISTANCE.—Any assist22 ance provided under this Act shall constitute Federal finan23 cial assistance for purposes of title VI of the Civil Rights

24 Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Edu25 cation Amendments of 1972 (20 U.S.C. 1681 et seq.), section
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1 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and

2 the Age Discrimination Act of 1975 (42 U.S.C. 6101 et

3 seq.).

4 ‘‘(c) RELIGIOUS DISCRIMINATION.—

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), an individual with responsibility for the

7 operation of a program that receives assistance under

8 this Act shall not discriminate on the basis of religion

9 against a participant in such program or a member

10 of the staff of such program who is paid with funds

11 received under this Act.

12 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

13 apply to the employment, with assistance provided

14 under this Act, of any member of the staff, of a pro15 gram that receives assistance under this Act, who was

16 employed with the organization operating the pro17 gram on the date the grant under this Act was

18 awarded.

19 ‘‘(d) RULES AND REGULATIONS.—The Director shall

20 promulgate rules and regulations to provide for the enforce21 ment of this section that shall include provisions for sum22 mary suspension of assistance for not more than 30 days,

23 on an emergency basis, until notice and an opportunity to

24 be heard can be provided.’’.
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1 SEC. 367. ELIMINATION OF SEPARATE REQUIREMENTS FOR

2 SETTING REGULATIONS.

3 Section 420 (42 U.S.C. 5060) is repealed.

4 SEC. 368. CLARIFICATION OF ROLE OF INSPECTOR GEN5 ERAL.

6 Section 422 (42 U.S.C. 5062) is amended—

7 (1) in subsection (a), by inserting ‘‘or the Inspec8 tor General’’ after ‘‘Director’’; and

9 (2) in subsection (b), by inserting ‘‘, the Inspec10 tor General,’’ after ‘‘Director’’ each place that such

11 term appears.

12 SEC. 369. COPYRIGHT PROTECTION.

13 Title IV is amended by adding at the end, the following

14 new section:

15 ‘‘SEC. 425. PROTECTION AGAINST IMPROPER USE.

16 ‘‘Whoever falsely—

17 ‘‘(1) advertises or represents; or

18 ‘‘(2) publishes or displays any sign, symbol, or

19 advertisement, reasonably calculated to convey the

20 impression,

21 that an entity is affiliated with, funded by, or operating

22 under the authority of ACTION, VISTA, or any of the pro23 grams of the National Senior Volunteer Corps may be en24 joined under an action filed by the Attorney General, on

25 a complaint by the Director.’’.
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1 SEC. 372. DEPOSIT REQUIREMENT CREDIT FOR SERVICE AS

2 A VOLUNTEER.

3 (a) CIVIL SERVICE RETIREMENT SYSTEM.—

4 (1) CREDITABLE SERVICE.—Section 8332(j) of

5 title 5, United States Code, is amended—

6 (A) in paragraph (1)—

7 (i) in the first sentence, by inserting

8 ‘‘the period of an individual’s service as a

9 full-time volunteer enrolled in a program of

10 at least 1 year’s duration under part A, B,

11 or C of title I of the Domestic Volunteer

12 Service Act of 1973,’’ after ‘‘Economic Op13 portunity Act of 1964,’’;

14 (ii) in the second sentence, by inserting

15 ‘‘, as a full-time volunteer enrolled in a pro16 gram of at least 1 year’s duration under

17 part A, B, or C of title I of the Domestic

18 Volunteer Service Act of 1973,’’ after ‘‘Eco19 nomic Opportunity Act of 1964’’; and

20 (iii) in the last sentence—

21 (I) by inserting ‘‘or under part A,

22 B, or C of title I of the Domestic Vol23 unteer Service Act of 1973’’ after ‘‘Eco24 nomic Opportunity Act of 1964’’; and

25 (II) by inserting ‘‘or the Chair26 person of the Corporation for National
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1 Service, as appropriate,’’ after ‘‘Direc2 tor of the Office of Economic Oppor3 tunity’’; and

4 (B) by adding at the end the following new

5 paragraph:

6 ‘‘(3) The provisions of paragraph (1) relating to credit

7 for service as a volunteer or volunteer leader under the Eco8 nomic Opportunity Act of 1964, part A, B, or C of title

9 I of the Domestic Volunteer Service Act of 1973, or the Peace

10 Corps Act shall not apply to any period of service as a

11 volunteer or volunteer leader of an employee or Member

12 with respect to which the employee or Member has made

13 the deposit with interest, if any, required by section

14 8334(l).’’.

15 (2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS16 ITS.—

17 (A) IN GENERAL.—Section 8334 of title 5,

18 United States Code, is amended by adding at the

19 end the following new subsection:

20 ‘‘(l)(1) Each employee or Member who has performed

21 service as a volunteer or volunteer leader under part A of

22 title VIII of the Economic Opportunity Act of 1964, as a

23 full-time volunteer enrolled in a program of at least 1 year’s

24 duration under part A, B, or C of title I of the Domestic

25 Volunteer Service Act of 1973, or as a volunteer or volunteer
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1 leader under the Peace Corps Act before the date of the sepa2 ration on which the entitlement to any annuity under this

3 subchapter is based may pay, in accordance with such regu4 lations as the Office of Personnel Management shall issue,

5 an amount equal to 7 percent of the readjustment allowance

6 paid to the employee or Member under title VIII of the Eco7 nomic Opportunity Act of 1964 or section 5(c) or 6(1) of

8 the Peace Corps Act or the stipend paid to the employee

9 or Member under part A, B, or C of title I of the Domestic

10 Volunteer Service Act of 1973, for each period of service as

11 such a volunteer or volunteer leader.

12 ‘‘(2) Any deposit made under paragraph (1) more than

13 2 years after the later of—

14 ‘‘(A) October 1, 1993; or

15 ‘‘(B) the date on which the employee or Member

16 making the deposit first becomes an employee or

17 Member,

18 shall include interest on such amount computed and

19 compounded annually beginning on the date of the expira20 tion of the 2-year period. The interest rate that is applicable

21 in computing interest in any year under this paragraph

22 shall be equal to the interest rate that is applicable for such

23 year under subsection (e).

24 ‘‘(3) The Director of the Peace Corps and the Chair25 person of the Corporation for National Service shall furnish
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1 such information to the Office of Personnel Management as

2 the Office may determine to be necessary for the adminis3 tration of this subsection.’’.

4 (B) CONFORMING AMENDMENT.—Section

5 8334(e) of title 5, United States Code, is amend6 ed in paragraphs (1) and (2) by striking ‘‘or

7 (k)’’ each place that such term appears and in8 serting ‘‘(k), or (l)’’.

9 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

10 (1) CREDITABLE SERVICE.—Section 8411 of title

11 5, United States Code, is amended—

12 (A) in subsection (b)(3), by striking ‘‘sub13 section (f)’’ and inserting ‘‘subsection (f) or (h)’’;

14 and

15 (B) by adding at the end the following new

16 subsection:

17 ‘‘(h) An employee or Member shall be allowed credit

18 for service as a volunteer or volunteer leader under part

19 A of title VIII of the Economic Opportunity Act of 1964,

20 as a full-time volunteer enrolled in a program of at least

21 1 year’s duration under part A, B, or C of title I of the

22 Domestic Volunteer Service Act of 1973, or as a volunteer

23 or volunteer leader under the Peace Corps Act performed

24 at any time prior to the separation on which the entitle25 ment to any annuity under this subchapter is based if the
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1 employee or Member has made a deposit with interest, if

2 any, with respect to such service under section 8422(f).’’.

3 (2) DEDUCTIONS, CONTRIBUTIONS.—Section

4 8422 of title 5, United States Code, is amended by

5 adding at the end the following new subsection:

6 ‘‘(f)(1) Each employee or Member who has performed

7 service as a volunteer or volunteer leader under part A of

8 title VIII of the Economic Opportunity Act of 1964, as a

9 full-time volunteer enrolled in a program of at least 1 year’s

10 duration under part A, B, or C of title I of the Domestic

11 Volunteer Service Act of 1973, or as a volunteer or volunteer

12 leader under the Peace Corps Act before the date of the sepa13 ration on which the entitlement to any annuity under this

14 subchapter, or subchapter V of this chapter, is based may

15 pay, in accordance with such regulations as the Office of

16 Personnel Management shall issue, an amount equal to 3

17 percent of the readjustment allowance paid to the employee

18 or Member under title VIII of the Economic Opportunity

19 Service Act of 1964 or section 5(c) or 6(1) of the Peace

20 Corps Act or the stipend paid to the employee or Member

21 under part A, B, or C of title I of the Domestic Volunteer

22 Service Act of 1973, for each period of service as such a

23 volunteer or volunteer leader.

24 ‘‘(2) Any deposit made under paragraph (1) more than

25 2 years after the later of—
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1 ‘‘(A) October 1, 1993, or

2 ‘‘(B) the date on which the employee or Member

3 making the deposit first becomes an employee or

4 Member,

5 shall include interest on such amount computed and

6 compounded annually beginning on the date of the expira7 tion of the 2-year period. The interest rate that is applicable

8 in computing interest in any year under this paragraph

9 shall be equal to the interest rate that is applicable for such

10 year under section 8334(e).

11 ‘‘(3) The Director of the Peace Corps and the Chair12 person of the Corporation for National Service shall furnish

13 such information to the Office of Personnel Management as

14 the Office may determine to be necessary for the adminis15 tration of this subsection.’’.

16 (c) APPLICABILITY AND OTHER PROVISIONS.—

17 (1) APPLICABILITY.—

18 (A) AMENDMENTS RELATING TO CSRS.—

19 (i) IN GENERAL.—The amendments

20 made by subsection (a) shall apply with re21 spect to any individual entitled to an annu22 ity on the basis of a separation from service

23 occurring on or after the effective date of

24 this subtitle.
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1 (ii) RULES RELATING TO ANNUITIES

2 BASED ON EARLIER SEPARATIONS.—An an3 nuity under subchapter III of chapter 83 of

4 title 5, United States Code, payable to an

5 individual based on a separation from serv6 ice occurring before the effective date of this

7 subtitle shall be subject to the provisions of

8 paragraph (2).

9 (B) AMENDMENTS RELATING TO FERS.—

10 (i) IN GENERAL.—The amendments

11 made by subsection (b) shall apply with re12 spect to any individual entitled to an annu13 ity on the basis of a separation from service

14 occurring before, on, or after the effective

15 date of this subtitle, subject to clause (ii).

16 (ii) RULE RELATING TO ANNUITIES

17 BASED ON EARLIER SEPARATIONS.—In the

18 case of any individual whose entitlement to

19 an annuity is based on a separation from

20 service occurring before the effective date of

21 this subtitle, any increase in such individ22 ual’s annuity on the basis of a deposit made

23 under section 8442(f) of title 5, United

24 States Code, as amended by subsection

25 (b)(2), shall be effective beginning with the
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1 annuity payment payable for the first cal2 endar month beginning after the effective

3 date of this subtitle.

4 (2) SPECIAL RULES.—

5 (A) OLD-AGE OR SURVIVORS INSURANCE

6 BENEFITS.—Subject to subparagraph (B), in

7 any case in which an individual described in

8 paragraph (1)(A)(ii) is also entitled to old-age or

9 survivors insurance benefits under section 202 of

10 the Social Security Act (or would be entitled to

11 such benefits upon filing an application there12 for), the amount of the annuity to which such in13 dividual is entitled under subchapter III of

14 chapter 83 of title 5, United States Code (after

15 taking into account any creditable service as a

16 volunteer or volunteer leader under the Economic

17 Opportunity Act of 1964, the Domestic Volunteer

18 Service Act of 1973, or the Peace Corps Act)

19 which is payable for any month shall be reduced

20 by an amount determined by multiplying the

21 amount of such old-age or survivors insurance

22 benefit for the determination month by a frac23 tion—

24 (i) the numerator of which is the total

25 of the wages (within the meaning of section
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1 209 of the Social Security Act) for service

2 as a volunteer or volunteer leader under the

3 Economic Opportunity Act of 1964, the Do4 mestic Volunteer Service Act of 1973, or the

5 Peace Corps Act of such individual credited

6 for years before the calendar year in which

7 the determination month occurs, up to the

8 contribution and benefit base determined

9 under section 230 of the Social Security Act

10 (or other applicable maximum annual

11 amount referred to in section 215(e)(1) of

12 such Act for each such year); and

13 (ii) the denominator of which is the

14 total of all wages described in clause (i),

15 plus all other wages (within the meaning of

16 section 209 of such Act) and all self-employ17 ment income (within the meaning of section

18 211(b) of such Act) of such individual cred19 ited for years after 1936 and before the cal20 endar year in which the determination

21 month occurs, up to the contribution and

22 benefit base (or such other amount referred

23 to in section 215(e)(1) of such Act for each

24 such year.

25 (B) LIMITATIONS.—
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1 (i) Subparagraph (A) shall not reduce

2 the annuity of an individual below the

3 amount of the annuity which would be pay4 able to the individual for the determination

5 month if the provisions of section 8332(j) of

6 title 5, United States Code, relating to serv7 ice as a volunteer or volunteer leader, ap8 plied to the individual for such month.

9 (ii) Subparagraph (A) shall not apply

10 in the case of an individual who, prior to

11 the date of enactment of this Act, made a

12 deposit for under section 8334(c) of title 5,

13 United States Code, with respect to service

14 as a volunteer or volunteer leader (as de15 scribed in subparagraph (A)).

16 (iii) DETERMINATION MONTH.—For

17 purposes of this paragraph, the term ‘‘deter18 mination month’’ means—

19 (I) the first month the individual

20 described in paragraph (1)(A)(ii) is

21 entitled to old-age or survivors benefits

22 under section 202 of the Social Secu23 rity Act (or would be entitled to such

24 benefits upon filing an application

25 therefor); or
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1 (II) the first calendar month be2 ginning after the date of enactment of

3 this Act, in the case of any individual

4 entitled to such benefits for such

5 month.

6 (iv) RULE RELATING TO ANNUITIES

7 BASED ON EARLIER SEPARATIONS.—Any in8 crease in an annuity which occurs by virtue

9 of the enactment of this paragraph shall be

10 effective beginning with the annuity pay11 ment payable for the first calendar month

12 beginning after the effective date of this sub13 title.

14 (3) FURNISHING OF INFORMATION.—The Sec15 retary of Health and Human Services shall furnish

16 such information to the Office of Personnel Manage17 ment as may be necessary to carry out this sub18 section.

19 (4) ACTION TO INFORM INDIVIDUALS.—The Di20 rector of the Office of Personnel Management shall

21 take such action as may be necessary and appropriate

22 to inform individuals entitled to credit under this sec23 tion for service as a volunteer or volunteer leader, or

24 to have any annuity recomputed, or to make a de25 posit under this section, of such entitlement.
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1 CHAPTER 4—AUTHORIZATION OF APPRO2 PRIATIONS AND OTHER AMENDMENTS

3 SEC. 381. AUTHORIZATION OF APPROPRIATIONS FOR

4 TITLE I.

5 Section 501 (42 U.S.C. 5081) is amended to read as

6 follows:

7 ‘‘SEC. 501. NATIONAL VOLUNTEER ANTIPOVERTY PRO8 GRAMS.

9 ‘‘(a) AUTHORIZATIONS.—

10 ‘‘(1) VOLUNTEERS IN SERVICE TO AMERICA.—

11 There are authorized to be appropriated to carry out

12 parts A and B of title I, excluding section 109,

13 $56,000,000 for fiscal year 1994, and such sums as

14 may be necessary for each of the fiscal years 1995

15 through 1996.

16 ‘‘(2) LITERACY ACTIVITIES.—There are author17 ized to be appropriated to carry out section 109, such

18 sums as may be necessary for each of the fiscal years

19 1994 through 1996.

20 ‘‘(3) SPECIAL VOLUNTEER PROGRAMS.—There

21 are authorized to be appropriated to carry out part

22 C of title I, excluding section 125, such sums as may

23 be necessary for each of the fiscal years 1994 through

24 1996.
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1 ‘‘(4) LITERACY CHALLENGE GRANTS.—There are

2 authorized to be appropriated to carry out section

3 125, such sums as may be necessary for each of the

4 fiscal years 1994 through 1996.

5 ‘‘(b) SUBSISTENCE.—The minimum level of an allow6 ance for subsistence required under section 105(b)(2), to be

7 provided to each volunteer under title I, may not be reduced

8 or limited in order to provide for an increase in the number

9 of volunteer service years under part A of title I.

10 ‘‘(c) LIMITATION.—No part of the funds appropriated

11 to carry out part A of title I may be used to provide volun12 teers or assistance to any program or project authorized

13 under part B or C of title I, or under title II, unless the

14 program or project meets the antipoverty criteria of part

15 A of title I.

16 ‘‘(d) AVAILABILITY.—Amounts appropriated for part

17 A of title I shall remain available for obligation until the

18 end of the fiscal year following the fiscal year for which

19 the amounts were appropriated.

20 ‘‘(e) VOLUNTEER SERVICE REQUIREMENT.—

21 ‘‘(1) VOLUNTEER SERVICE YEARS.—Of the

22 amounts appropriated under this section for parts A,

23 B, and C of title I, including section 125, there shall

24 first be available for part A of title I, including sec25 tions 104(e) and 109, an amount not less than the
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1 amount necessary to provide 3,700 volunteer service

2 years in fiscal year 1994, 4,000 volunteer service

3 years in fiscal year 1995, and 4,500 volunteer service

4 years in fiscal year 1996.

5 ‘‘(2) PLAN.—If the Director determines that

6 funds appropriated to carry out part A, B, and C of

7 title I are insufficient to provide for the years of vol8 unteer service required by paragraph (1), the Director

9 shall submit a plan to the relevant authorizing and

10 appropriations committees of Congress that will de11 tail what is necessary to fully meet this require12 ment.’’.

13 SEC. 382. AUTHORIZATION OF APPROPRIATIONS FOR

14 TITLE II.

15 Section 502 (42 U.S.C. 5082) is amended to read as

16 follows:

17 ‘‘SEC. 502. NATIONAL SENIOR VOLUNTEER CORPS.

18 ‘‘(a) RETIRED AND SENIOR VOLUNTEER PROGRAM.—

19 There are authorized to be appropriated to carry out part

20 A of title II, $53,100,000 for fiscal year 1994, and such

21 sums as may be necessary for each of the fiscal years 1995

22 through 1996.

23 ‘‘(b) FOSTER GRANDPARENT PROGRAM.—There are

24 authorized to be appropriated to carry out part B of title
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1 II, $98,200,000 for fiscal year 1994, and such sums as may

2 be necessary for each of the fiscal years 1995 through 1996.

3 ‘‘(c) SENIOR COMPANION PROGRAM.—There are au4 thorized to be appropriated to carry out part C of title II,

5 $48,700,000 for fiscal year 1994, and such sums as may

6 be necessary for each of the fiscal years 1995 through 1996.

7 ‘‘(d) DEMONSTRATION PROGRAMS.—There are author8 ized to be appropriated to carry out part E of title II, such

9 sums as may be necessary for each of the fiscal years 1994

10 through 1996.’’.

11 SEC. 383. AUTHORIZATION OF APPROPRIATIONS FOR

12 TITLE IV.

13 Section 504 (42 U.S.C. 5084) is amended to read as

14 follows:

15 ‘‘SEC. 504. ADMINISTRATION AND COORDINATION.

16 ‘‘(a) IN GENERAL.—For each of the fiscal years 1994

17 through 1996, there are authorized to be appropriated for

18 the administration of this Act as provided for in title IV,

19 21 percent of the total amount appropriated under sections

20 501 and 502 with respect to such year.

21 ‘‘(b) EVALUATION.—For each of the fiscal years 1994

22 through 1996, the Director is authorized to expend not less

than 21 23 ⁄2 percent, and not more than 5 percent, of the

24 amount appropriated under subsection (a), for the purposes

25 prescribed in section 416.’’.
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1 SEC. 384. CONFORMING AMENDMENTS; COMPENSATION

2 FOR VISTA FECA CLAIMANTS.

3 Section 8143(b) of title 5, United States Code, is

4 amended by striking ‘‘GS–7’’ and inserting ‘‘GS–5 of the

5 General Schedule under section 5332 of title 5, United

6 States Code’’.

7 SEC. 385. REPEAL OF AUTHORITY.

8 Title VII (42 U.S.C. 5091 et seq.) is repealed.

9 CHAPTER 5—GENERAL PROVISIONS

10 SEC. 391. TECHNICAL AND CONFORMING AMENDMENTS.

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

12 4950 et seq.) is amended by striking ‘‘That this Act’’ and

13 all that follows through the end of the table of contents and

14 inserting the following:

15 ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

16 ‘‘(a) SHORT TITLE.—This Act may be cited as the ‘Do17 mestic Volunteer Service Act of 1973’.

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

19 as follows:

‘‘Sec. 1. Short title; table of contents.

‘‘Sec. 2. Volunteerism policy.

‘‘TITLE I—NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

‘‘PART A—VOLUNTEERS IN SERVICE TO AMERICA

‘‘Sec. 101. Statement of purpose.

‘‘Sec. 102. Authority to operate VISTA program.

‘‘Sec. 103. Selection and assignment of volunteers.

‘‘Sec. 104. Terms and periods of service.

‘‘Sec. 105. Support service.

‘‘Sec. 106. Participation of beneficiaries.

‘‘Sec. 107. Participation of younger and older persons.

‘‘Sec. 108. Limitation.
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‘‘Sec. 109. VISTA Literacy Corps.

‘‘Sec. 110. Applications for assistance.

‘‘PART B—UNIVERSITY YEAR FOR VISTA

‘‘Sec. 111. Statement of purpose.

‘‘Sec. 112. Authority to operate University Year for VISTA program.

‘‘Sec. 113. Special conditions.

‘‘PART C—SPECIAL VOLUNTEER PROGRAMS

‘‘Sec. 121. Statement of purpose.

‘‘Sec. 122. Authority to establish and operate special volunteer and demonstration

programs.

‘‘Sec. 123. Technical and financial assistance for improvement of volunteer programs.

‘‘Sec. 125. Literacy challenge grants.

‘‘TITLE II—NATIONAL SENIOR VOLUNTEER CORPS

‘‘Sec. 200. Statement of purposes.

‘‘PART A—RETIRED AND SENIOR VOLUNTEER PROGRAM

‘‘Sec. 201. Grants and contracts for volunteer service projects.

‘‘PART B—FOSTER GRANDPARENT PROGRAM

‘‘Sec. 211. Grants and contracts for volunteer service projects.

‘‘Sec. 212. Conditions of grants and contracts.

‘‘PART C—SENIOR COMPANION PROGRAM

‘‘Sec. 213. Grants and contracts for volunteer service projects.

‘‘PART D—GENERAL PROVISIONS

‘‘Sec. 221. Promotion of National Senior Volunteer Corps.

‘‘Sec. 222. Payments.

‘‘Sec. 223. Minority group participation.

‘‘Sec. 224. Use of locally generated contributions in National Senior Volunteer

Corps.

‘‘Sec. 225. Programs of national significance.

‘‘Sec. 226. Adjustments to Federal financial assistance.

‘‘Sec. 227. Multiyear grants or contracts.

‘‘PART E—DEMONSTRATION PROGRAMS

‘‘Sec. 231. Authority of Director.

‘‘TITLE IV—ADMINISTRATION AND COORDINATION

‘‘Sec. 403. Political activities.

‘‘Sec. 404. Special limitations.

‘‘Sec. 406. Labor standards.

‘‘Sec. 408. Joint funding.

‘‘Sec. 409. Prohibition of Federal control.

‘‘Sec. 410. Coordination with other programs.

‘‘Sec. 411. Prohibition.
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‘‘Sec. 412. Notice and hearing procedures for suspension and termination of financial assistance.

‘‘Sec. 414. Distribution of benefits between rural and urban areas.

‘‘Sec. 415. Application of Federal law.

‘‘Sec. 416. Evaluation.

‘‘Sec. 417. Nondiscrimination provisions.

‘‘Sec. 418. Eligibility for other benefits.

‘‘Sec. 419. Legal expenses.

‘‘Sec. 421. Definitions.

‘‘Sec. 422. Audit.

‘‘Sec. 423. Reduction of paperwork.

‘‘Sec. 424. Review of project renewals.

‘‘Sec. 425. Protection against improper use.

‘‘Sec. 426. Center for Research and Training.

‘‘TITLE V—AUTHORIZATION OF APPROPRIATIONS

‘‘Sec. 501. National volunteer antipoverty programs.

‘‘Sec. 502. National Senior Volunteer Corps.

‘‘Sec. 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, 1993.

3 TITLE IV—TECHNICAL AND

4 CONFORMING AMENDMENTS

5 SEC. 401. DEFINITION OF DIRECTOR.

6 Section 421 of the Domestic Volunteer Service Act of

7 1973 (42 U.S.C. 5061) is amended by striking paragraph

8 (1) and inserting the following new paragraph:

9 ‘‘(1) the term ‘Director’ means the Chairperson

10 and Director of the Corporation for National Service

11 appointed under section 193 of the National and

12 Community Service Act of 1990;’’.
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1 SEC. 402. REFERENCES TO ACTION AND THE ACTION

2 AGENCY.

3 (a) DOMESTIC VOLUNTEER SERVICE ACT OF 1973.—

4 (1) Section 2(b) of the Domestic Volunteer Serv5 ice Act of 1973 (42 U.S.C. 4950(b)) is amended—

6 (A) by striking ‘‘ACTION, the Federal do7 mestic volunteer agency,’’ and inserting ‘‘this

8 Act’’; and

9 (B) by striking ‘‘ACTION’’ and inserting

10 ‘‘the Corporation for National Service’’.

11 (2) Section 125(b) of such Act (42 U.S.C.

12 4995(b)) is amended by striking ‘‘the ACTION Agen13 cy’’ and inserting ‘‘the Corporation’’.

14 (3) Section 225(e) of such Act (42 U.S.C.

15 5025(e)) is amended by striking ‘‘the ACTION Agen16 cy’’ and inserting ‘‘the Corporation’’.

17 (4) Section 403(a) of such Act (42 U.S.C.

18 5043(a)) is amended—

19 (A) by striking ‘‘the ACTION Agency’’ the

20 first place it appears and inserting ‘‘the Cor21 poration under this Act’’; and

22 (B) by striking ‘‘the ACTION Agency’’ the

23 second place it appears and inserting ‘‘the Cor24 poration’’.
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1 (5) Section 408 of such Act (42 U.S.C. 5048) is

2 amended by striking ‘‘the ACTION Agency’’ and in3 serting ‘‘the Corporation’’.

4 (6) Section 425 of such Act (as added by section

5 369 of this Act) is further amended by striking ‘‘AC6 TION’’ and inserting ‘‘the Corporation’’.

7 (b) ADMINISTRATION ON CHILDREN, YOUTH, AND FAM8 ILIES.—Section 916(b) of the Claude Pepper Young Ameri9 cans Act of 1990 (42 U.S.C. 12312(b)) is amended by strik10 ing ‘‘the Director of the ACTION Agency’’ and inserting

11 ‘‘the Chairperson of the Corporation for National Service’’.

12 (c) INSPECTOR GENERAL.—Section 8E(a)(2) of the In13 spector General Act of 1978 (5 U.S.C. App.) is amended—

14 (1) by striking ‘‘ACTION,’’; and

15 (2) by inserting ‘‘the Corporation for National

16 Service (except as provided in section 194(b) of the

17 National and Community Service Act of 1990),’’ after

18 ‘‘the Consumer Product Safety Commission,’’.

19 (d) PUBLIC HOUSING SECURITY.—Section 207(c) of

20 the Public Housing Security Demonstration Act of 1978

21 (Public Law 95–557; 92 Stat. 2093; 12 U.S.C. 1701z–6

22 note) is amended—

23 (1) in paragraph (3)(ii), by striking ‘‘ACTION’’

24 and inserting ‘‘the Corporation for National Service’’;

25 and
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1 (2) in paragraph (4), by striking ‘‘ACTION’’

2 and inserting ‘‘the Corporation for National Service’’.

3 (e) NATIONAL FOREST VOLUNTEERS.—The first sec4 tion of the Volunteers in the National Forests Act of 1972

5 (16 U.S.C. 558a) is amended by striking ‘‘ACTION’’ and

6 inserting ‘‘the Corporation for National Service’’.

7 (f) PEACE CORPS.—Section 2A of the Peace Corps Act

8 (22 U.S.C. 2501–1) is amended by inserting after ‘‘the AC9 TION Agency’’ the following: ‘‘, the successor to the AC10 TION Agency,’’.

11 (g) INDIAN ECONOMIC DEVELOPMENT.—Section 502 of

12 the Indian Financing Act of 1974 (25 U.S.C. 1542) is

13 amended by striking ‘‘and ACTION’’ and inserting ‘‘, the

14 Corporation for National Service,’’.

15 (h) OLDER AMERICANS.—The Older Americans Act of

16 1965 is amended—

17 (1) in section 202(c)(1) (42 U.S.C. 3012(c)(1)),

18 by striking ‘‘the Director of the ACTION Agency’’

19 and inserting ‘‘the Corporation for National Service’’;

20 (2) in section 203(a)(1) (42 U.S.C. 3013(a)(1)),

21 by striking ‘‘the ACTION Agency’’ and inserting ‘‘the

22 Corporation for National Service’’; and

23 (3) in section 422(b)(12)(C) (42 U.S.C.

24 3035a(b)(12)(C)), by striking ‘‘the ACTION Agency’’

25 and inserting ‘‘the Corporation for National Service’’.
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1 (i) VISTA SERVICE EXTENSION.—Section 101(c)(1) of

2 the Domestic Volunteer Service Act Amendments of 1989

3 (Public Law 101–204; 103 Stat. 1810; 42 U.S.C. 4954 note)

4 is amended by striking ‘‘Director of the ACTION Agency’’

5 and inserting ‘‘Chairperson of the Corporation for National

6 Service’’.

7 (j) AGING RESOURCE SPECIALISTS.—Section 205(c) of

8 the Older Americans Amendments of 1975 (Public Law 94–

9 135; 89 Stat. 727; 42 U.S.C. 5001 note) is amended—

10 (1) in paragraph (1)—

11 (A) by striking ‘‘the ACTION Agency,’’ and

12 inserting ‘‘the Corporation for National Serv13 ice,’’; and

14 (B) by striking ‘‘the Director of the AC15 TION Agency’’ and inserting ‘‘the Chairperson

16 of the Corporation’’;

17 (2) in paragraph (2)(A), by striking ‘‘ACTION

18 Agency’’ and inserting ‘‘Corporation’’; and

19 (3) in paragraph (3), by striking subparagraph

20 (A) and inserting the following new subparagraph:

21 ‘‘(A) the term ‘Corporation’ means the Corpora22 tion for National Service established by section 191 of

23 the National and Community Service Act of 1990.’’.

24 (k) PROMOTION OF PHOTOVOLTAIC ENERGY.—Section

25 11(a) of the Solar Photovoltaic Energy Research, Develop-
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1 ment, and Demonstration Act of 1978 (42 U.S.C. 5590) is

2 amended by striking ‘‘the Director of ACTION,’’.

3 (l) COORDINATING COUNCIL ON JUVENILE JUSTICE.—

4 Section 206(a)(1) of the Juvenile Justice and Delinquency

5 Prevention Act of 1974 (42 U.S.C. 5616(a)(1)) is amended

6 by striking ‘‘the Director of the ACTION Agency’’ and in7 serting ‘‘the Chairperson of the Corporation for National

8 Service’’.

9 (m) ENERGY CONSERVATION.—Section 413(b)(1) of

10 the Energy Conservation and Production Act (42 U.S.C.

11 6863(b)(1)) is amended by striking ‘‘the Director of the AC12 TION Agency,’’.

13 (n) INTERAGENCY COUNCIL ON THE HOMELESS.—Sec14 tion 202(a) of the Stewart B. McKinney Homeless Assist15 ance Act (42 U.S.C. 11312(a)) is amended by striking para16 graph (12) and inserting the following new paragraph:

17 ‘‘(12) The Chairperson of the Corporation for

18 National Service, or the designee of the Chairperson.’’.

19 (o) ANTI-DRUG ABUSE.—Section 3601 of the Anti20 Drug Abuse Act of 1988 (42 U.S.C. 11851) is amended by

21 striking paragraph (5) and inserting the following new

22 paragraph:

23 ‘‘(5) the term ‘Director’ means the Chairperson

24 and Director of the Corporation for National Serv25 ice,’’.
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1 SEC. 403. DEFINITIONS.

2 Section 421 of the Domestic Volunteer Service Act of

3 1973 (42 U.S.C. 5061) is amended—

4 (1) by striking ‘‘and’’ at the end of paragraph

5 (6);

6 (2) by striking the period at the end of para7 graph (7) and inserting a semicolon; and

8 (3) by adding at the end the following new para9 graphs:

10 ‘‘(8) the term ‘Corporation’ means the Corpora11 tion for National Service established under section

12 191 of the National and Community Service Act of

13 1990;

14 ‘‘(9) the term ‘foster grandparent’ means a vol15 unteer in the Foster Grandparent Program;

16 ‘‘(10) the term ‘Foster Grandparent Program’

17 means the program established under part B of title

18 II;

19 ‘‘(11) the term ‘Inspector General’ means the In20 spector General of the Corporation;

21 ‘‘(12) the term ‘national senior volunteer’ means

22 a volunteer in the National Senior Volunteer Corps;

23 ‘‘(13) the term ‘National Senior Volunteer Corps’

24 means the programs established under parts A, B, C,

25 and E of title II;
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1 ‘‘(14) the term ‘Retired and Senior Volunteer

2 Program’ means the program established under part

3 A of title II;

4 ‘‘(15) the term ‘retired or senior volunteer’

5 means a volunteer in the Retired and Senior Volun6 teer Program;

7 ‘‘(16) the term ‘senior companion’ means a vol8 unteer in the Senior Companion Program;

9 ‘‘(17) the term ‘Senior Companion Program’

10 means the program established under part C of title

11 II;

12 ‘‘(18) the terms ‘VISTA’ and ‘Volunteers in Serv13 ice to America’ mean the program established under

14 part A of title I; and

15 ‘‘(19) the term ‘VISTA volunteer’ means a volun16 teer in VISTA.’’.

17 SEC. 404. REFERENCES TO THE COMMISSION ON NATIONAL

18 AND COMMUNITY SERVICE.

19 (a) NATIONAL DEFENSE AUTHORIZATION ACT FOR

20 FISCAL YEAR 1993.—

21 (1) Section 1092(b) of the National Defense Au22 thorization Act for Fiscal Year 1993 (42 U.S.C.

23 12653a note) is amended—

24 (A) in paragraph (1)—
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1 (i) by striking ‘‘Commission on Na2 tional Community Service’’ and inserting

3 ‘‘Corporation for National Service’’; and

4 (ii) by striking ‘‘Commission shall pre5 pare’’ and inserting ‘‘Board of Directors of

6 the Corporation shall prepare’’; and

7 (B) in paragraph (2), by striking ‘‘Board of

8 Directors of the Commission on National and

9 Community Service’’ and inserting ‘‘Board of

10 Directors of the Corporation for National Serv11 ice’’.

12 (2) Section 1093(a) of such Act (42 U.S.C.

13 12653a note) is amended by striking ‘‘the Board of

14 Directors and Executive Director of the Commission

15 on National and Community Service’’ and inserting

16 ‘‘the Board of Directors and Chairperson of the Cor17 poration for National Service’’.

18 (3) Section 1094 of such Act (Public Law 102–

19 484; 106 Stat. 2535) is amended—

20 (A) in the title, by striking ‘‘COMMISSION

21 ON NATIONAL AND COMMUNITY SERVICE’’

22 and inserting ‘‘CORPORATION FOR NA23 TIONAL SERVICE’’;

24 (B) in subsection (a)—
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1 (i) in the heading, by striking ‘‘COM2 MISSION’’ and inserting ‘‘CORPORATION’’;

3 (ii) in the first sentence, by striking

4 ‘‘Commission on National and Community

5 Service’’ and inserting ‘‘Corporation for

6 National Service’’; and

7 (iii) in the second sentence, by striking

8 ‘‘The Commission’’ and inserting ‘‘The

9 Chairperson of the Corporation’’; and

10 (C) in subsection (b)—

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

12 ‘‘Board of Directors of the Commission on

13 National and Community Service’’ and in14 serting ‘‘Chairperson of the Corporation for

15 National Service’’; and

16 (ii) in paragraph (2), by striking ‘‘the

17 Commission’’ and inserting ‘‘the Chair18 person of the Corporation for National

19 Service’’.

20 (4) Section 1095 of such Act (Public Law 102–

21 484; 106 Stat. 2535) is amended in the heading for

22 subsection (b) by striking ‘‘COMMISSION ON NATIONAL

23 AND COMMUNITY SERVICE’’ and inserting ‘‘CORPORA24 TION FOR NATIONAL SERVICE’’.
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1 (5) Section 2(b) of such Act (Public Law 102–

2 484; 106 Stat. 2315) is amended by striking the item

3 relating to section 1094 of such Act and inserting the

4 following:

‘‘Sec. 1094. Other programs of the Corporation for National Service.’’.

5 (b) NATIONAL AND COMMUNITY SERVICE ACT OF

6 1990.—

7 (1) Sections 159(b)(2) (as redesignated in section

8 104(b)(3) of this Act) and 165 (as redesignated in sec9 tion 104(b)(3) of this Act), subsections (a) and (b) of

10 section 172, sections 176(a) and 177(c), and sub11 sections (a), (b), and (d) through (h) of section 179,

12 of the National and Community Service Act of 1990

13 (42 U.S.C. 12653h(b)(2), 12653n, 12632 (a) and (b),

14 12636(a), 12637(c), and 12639 (a), (b), and (d)

15 through (h)) are each amended by striking the term

16 ‘‘Commission’’ each place the term appears and in17 serting ‘‘Corporation’’.

18 (2) Sections 152, 157(b)(2), 159(b), 162(a)(2)(C),

19 164, and 166(1) of such Act (in each case, as redesig20 nated in section 104(b)(3) of this Act) (42 U.S.C.

21 12653a, 12653f(b)(2), 12653h(b), 12653k(a)(2)(C),

22 12653m, and 12653o(1)) are each amended by strik23 ing ‘‘Commission on National and Community Serv24 ice’’ and inserting ‘‘Corporation’’.
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1 (3) Section 163(b)(9) of such Act (as redesig2 nated in section 104(b)(3) of this Act) (42 U.S.C.

3 12635l(b)(9)) is amended by striking ‘‘Chair of the

4 Commission on National and Community Service’’

5 and inserting ‘‘Chairperson’’.

6 (4) Section 303(a) of such Act (42 U.S.C.

7 12662(a)) is amended—

8 (A) by striking ‘‘The President’’ and insert9 ing ‘‘The President, acting through the Corpora10 tion,’’;

11 (B) by inserting ‘‘in furtherance of activi12 ties under section 302’’ after ‘‘section 501(b)’’;

13 and

14 (C) by striking ‘‘the President’’ both places

15 it appears and inserting ‘‘the Corporation’’.

16 SEC. 405. REFERENCES TO DIRECTORS OF THE COMMIS17 SION ON NATIONAL AND COMMUNITY

18 SERVICE.

19 (a) CHAIRPERSON.—

20 (1) Section 159(a) of such Act (as redesignated

21 in section 104(b)(3) of this Act) (42 U.S.C.

22 12653h(b)) is amended—

23 (A) by striking ‘‘BOARD.—The Board’’ and

24 inserting ‘‘SUPERVISION.—The Chairperson’’;
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1 (B) by striking ‘‘the Board’’ in the matter

2 preceding the paragraphs and in paragraph (1)

3 and inserting ‘‘the Chairperson’’; and

4 (C) by striking ‘‘the Director’’ in paragraph

5 (1) and inserting ‘‘the Board’’.

6 (2) Section 159(b) of such Act (as redesignated

7 in section 104(b)(3) of this Act) (42 U.S.C.

8 12653h(b)) is amended by striking ‘‘(b)’’ and all that

9 follows through ‘‘Director’’ and inserting ‘‘(b) MON10 ITORING AND COORDINATION.—The Chairperson’’.

11 (3) Section 159(c)(1) (as redesignated in section

12 104(b)(3) of this Act) (12653h(c)(1)) is amended—

13 (A) in subparagraph (A), by striking ‘‘the

14 Board, in consultation with the Executive Direc15 tor,’’ and inserting ‘‘the Chairperson’’; and

16 (B) in subparagraph (B)(iii), by striking

17 ‘‘the Board through the Executive Director’’ and

18 inserting ‘‘the Chairperson’’.

19 (4) Section 166 (as redesignated in section

20 104(b)(3) of this Act) (42 U.S.C. 12653o) is amend21 ed—

22 (A) by striking paragraph (6); and

23 (B) by redesignating paragraphs (7)

24 through (11) as paragraphs (6) through (10), re25 spectively.
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1 (b) DIRECTOR OF CIVILIAN COMMUNITY CORPS.—Sec2 tions 155(a), 157(b)(1)(A), 158(a), 159(c)(1)(A), and

3 163(a) (in each case, as redesignated in section 104(b)(3)

4 of this Act) of the National and Community Service Act

5 of 1990 (42 U.S.C. 12653d(a), 12653f(b)(1)(A), 12653g(a),

6 12653h(c)(1)(A), and 12653l(a)) are amended by striking

7 ‘‘Director of the Civilian Community Corps’’ each place the

8 term appears and inserting ‘‘Director’’.

9 SEC. 406. EFFECTIVE DATE.

10 (a) ACTION.—The amendments made by sections 401

11 and 402 (except subsection (c)(2)) shall take effect on the

12 effective date of section 203.

13 (b) COMMISSION.—The amendments made by section

14 402(c)(2), and sections 403 through 405, will take effect on

15 October 1, 1993.

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