103D CONGRESS

1ST SESSION H. R. 2010

AN ACT

To amend the National and Community Service Act

and for other purposes.awards to persons participating in such service,ice, and provide national service educationalService, enhance opportunities for national servof 1990 to establish a Corporation for National
103D CONGRESS

1ST SESSION H. R. 2010

AN ACT

To amend the National and Community Service Act of 1990

to establish a Corporation for National Service, enhance

opportunities for national service, and provide national

service educational awards to persons participating in

such service, and for other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘National Service Trust Act of 1993’’.
2

•HR 2010 EH

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

2 as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purpose.

TITLE I—PROGRAMS AND RELATED PROVISIONS

Subtitle A—Programs

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

Sec. 102. National Service Trust and provision of national service educational

awards.

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

Sec. 104. Quality and innovation activities.

Sec. 105. Public Lands Corps.

Sec. 106. Urban Youth Corps.

Subtitle B—Related Provisions

Sec. 111. Definitions.

Sec. 112. Authority to make State grants.

Sec. 113. Family and medical leave.

Sec. 114. Reports.

Sec. 115. Nondiscrimination.

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

Sec. 117. Nondisplacement.

Sec. 118. Evaluation.

Sec. 119. Engagement of participants.

Sec. 120. Contingent extension.

Sec. 121. Repeals.

TITLE II—ORGANIZATION

Sec. 201. State Commissions on National Service.

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

ACTION Agency.

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

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

TITLE III—REAUTHORIZATION

Subtitle A—National and Community Service Act of 1990

Sec. 301. Authorization of appropriations.

Subtitle B—Domestic Volunteer Service Act of 1973

Sec. 311. Short title; references.

CHAPTER 1—VISTA AND OTHER ANTI-POVERTY PROGRAMS

Sec. 321. Purpose of the VISTA program.

Sec. 321A. Assistant Director for VISTA Program.

Sec. 322. Selection and assignment of VISTA volunteers.

Sec. 323. Terms and periods of service.
3

•HR 2010 EH

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.

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.
4

•HR 2010 EH

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

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

Sec. 406. Effective date.

TITLE V—GENERAL PROVISIONS

Sec. 501. Compliance with Buy American Act.

Sec. 502. Sense of Congress; requirement regarding notice.

Sec. 503. Prohibition of contracts with persons falsely labeling products as

Made in America.

TITLE VI—LIMITATION ON LIABILITY OF VOLUNTEERS

Sec. 601. Findings and purpose.

Sec. 602. No premption of State tort law.

Sec. 603. Limitation on liability for volunteers.

Sec. 604. Definitions.

1 SEC. 2. FINDINGS AND PURPOSE.

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

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

4 amended to read as follows:

5 ‘‘SEC. 2. FINDINGS AND PURPOSE.

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

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

8 pressing unmet human, educational, environmental,

9 and public safety needs.

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

12 religion, disability, or region.

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

15 an increasing number of citizens.
5

•HR 2010 EH

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

2 communities and become better citizens through

3 service to the United States.

4 ‘‘(5) Nonprofit organizations, local govern5 ments, States, and the Federal Government are al6 ready supporting a wide variety of national service

7 programs that deliver needed services in a cost-effec8 tive manner.

9 ‘‘(6) Residents of low-income communities, es10 pecially youths and young adults in these commu11 nities, can be empowered through their service to

12 help provide future community leadership.

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

14 ‘‘(1) meet the unmet human, educational, envi15 ronmental, and public safety needs of the United

16 States, without displacing existing workers;

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

18 the spirit of community throughout the United

19 States;

20 ‘‘(3) expand educational opportunity by reward21 ing individuals who participate in national service

22 with an increased ability to pursue higher education

23 or job training;
6

•HR 2010 EH

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

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

3 full-time or part-time national service;

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

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

8 ‘‘(6) expand and strengthen existing service

9 programs with demonstrated experience in providing

10 structured service opportunities with visible benefits

11 to the participants and community;

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

13 infrastructure of Federal, State, and local programs

14 and agencies to expand full-time and part-time serv15 ice opportunities for all citizens; and

16 ‘‘(8) provide tangible benefits to the commu17 nities in which national service is performed.’’.

18 (b) TABLE OF CONTENTS.—Section 1(b) of the Na19 tional and Community Service Act of 1990 (Public Law

20 101–610; 104 Stat. 3127) is amended by striking the item

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

‘‘Sec. 2. Findings and purpose.’’.
7

•HR 2010 EH

1 TITLE I—PROGRAMS AND

2 RELATED PROVISIONS

3 Subtitle A—Programs

4 SEC. 101. FEDERAL INVESTMENT IN SUPPORT OF NA5 TIONAL SERVICE.

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

7 the National and Community Service Act of 1990 (42

8 U.S.C. 12501 et seq.) is amended—

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

10 12653 et seq.) as subtitle I;

11 (2) by inserting subtitle I (as redesignated by

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

13 and

14 (3) by redesignating sections 120 through 136

15 as sections 199 through 199O, respectively.

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

17 the National and Community Service Act of 1990 (42

18 U.S.C. 12501 et seq.) is amended by inserting after sub19 title B the following new subtitle:
8

•HR 2010 EH

1 ‘‘Subtitle C—National Service Trust

2 Program

3 ‘‘PART I—INVESTMENT IN NATIONAL SERVICE

4 ‘‘SEC. 121. AUTHORITY TO PROVIDE ASSISTANCE AND AP5 PROVED NATIONAL SERVICE POSITIONS.

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

7 for National Service may make grants to States, subdivi8 sions of States, Indian tribes, public and private nonprofit

9 organizations, and institutions of higher education for the

10 purpose of assisting the recipients of the grants—

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

12 service programs, including summer programs, de13 scribed in section 122(a); and

14 ‘‘(2) to make grants in support of other na15 tional service programs described in section 122(a)

16 that are carried out by other entities.

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

18 Corporation may enter into a contract or cooperative

19 agreement with another Federal agency to support a na20 tional service program carried out by the agency. The sup21 port provided by the Corporation pursuant to the contract

22 or cooperative agreement may include the transfer to the

23 Federal agency of funds available to the Corporation

24 under this subtitle. A Federal agency receiving assistance

25 under this subsection shall not be required to satisfy the
9

•HR 2010 EH

1 matching funds requirements specified in subsection (e).

2 However, the supplementation requirements specified in

3 section 173 shall apply with respect to the Federal na4 tional service programs supported with such assistance. A

5 Federal agency receiving assistance under this subsection

6 shall consult with the State Commissions for those States

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

8 the projects do not duplicate existing State or local pro9 grams.

10 ‘‘(c) PROVISION OF APPROVED NATIONAL SERVICE

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

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

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

14 educational awards described in subtitle D for the

15 participants who serve in national service programs

16 carried out using such assistance; and

17 ‘‘(2) deposit in the National Service Trust es18 tablished in section 145(a) an amount equal to the

19 product of—

20 ‘‘(A) the value of a national service edu21 cational award under section 147; and

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

23 service positions to be provided.

24 ‘‘(d) FIVE PERCENT LIMITATION ON ADMINISTRA25 TIVE COSTS.—
10

•HR 2010 EH

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

2 the amount of assistance provided to the original re3 cipient of a grant or transfer of assistance under

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

5 to pay for administrative costs incurred by—

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

7 ‘‘(B) national service programs carried out

8 or supported with the assistance.

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

10 rule prescribe the manner and extent to which—

11 ‘‘(A) assistance provided under subsection

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

13 costs; and

14 ‘‘(B) that portion of the assistance avail15 able to cover administrative costs should be dis16 tributed between—

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

18 or transfer of assistance under such sub19 section; and

20 ‘‘(ii) national service programs carried

21 out or supported with the assistance.

22 ‘‘(e) MATCHING FUNDS REQUIREMENTS.—

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

24 section 140, the Federal share of the cost of carry25 ing out a national service program that receives the
11

•HR 2010 EH

1 assistance under subsection (a), whether the assist2 ance is provided directly or as a subgrant from the

3 original recipient of the assistance, may not exceed

4 75 percent of such cost.

5 ‘‘(2) CALCULATION.—In providing for the re6 maining share of the cost of carrying out a national

7 service program, the program—

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

9 a payment in cash (including not more than 85

10 percent of the cost of providing a health care

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

12 kind, fairly evaluated, including facilities, equip13 ment, or services; and

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

15 State sources, local sources, or other Federal

16 sources (other than the use of funds made

17 available under the national service laws).

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

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

20 with respect to a national service program in any fis21 cal year if the Corporation determines that such a

22 waiver would be equitable due to a lack of available

23 financial resources at the local level.
12

•HR 2010 EH

1 ‘‘SEC. 122. TYPES OF NATIONAL SERVICE PROGRAMS ELIGI2 BLE FOR PROGRAM ASSISTANCE.

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

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

5 Federal agency receiving assistance under section 121(b)

6 shall use the assistance, directly or through subgrants to

7 other entities, to carry out full- or part-time national serv8 ice programs, including summer programs, that address

9 unmet human, educational, environmental, or public safe10 ty needs. Subject to subsection (b)(1), these national serv11 ice programs may include the following types of national

12 service programs:

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

14 unmet human, educational, environmental, or public

15 safety needs and promotes greater community unity

16 through the use of organized teams of participants

17 of varied social and economic backgrounds, skill lev18 els, physical and developmental capabilities, ages,

19 ethnic backgrounds, or genders.

20 ‘‘(2) A full-time, year-round youth corps pro21 gram or full-time summer youth corps program,

22 such as a conservation corps or youth service corps

23 (including the Public Lands Corps established under

24 the Public Lands Corps Act of 1993, the Urban

25 Youth Corps established under section 106 of the

26 National Service Trust Act of 1993, and other con-
13

•HR 2010 EH

1 servation corps or youth service corps that performs

2 service on Federal or other public lands or on Indian

3 lands or Hawaiian home lands), that—

4 ‘‘(A) undertakes meaningful service

5 projects with visible public benefits, including

6 natural resource, urban renovation, or human

7 services projects;

8 ‘‘(B) includes as participants youths and

9 young adults between the ages of 16 and 25, in10 clusive, including out-of-school youths and other

11 disadvantaged youths (such as youths with lim12 ited basic skills, youths in foster care who are

13 becoming too old for foster care, youths of lim14 ited English proficiency, and homeless youths,

15 and youths with disabilities) who are between

16 those ages; and

17 ‘‘(C) provides those participants who are

18 youths and young adults with—

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

20 and adult-supervised work experience, life

21 skills, education, career guidance and

22 counseling, employment training, and sup23 port services; and
14

•HR 2010 EH

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

3 their community and the United States.

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

6 individuals after such training in positions, including

7 positions as service-learning coordinators, to facili8 tate service-learning in programs eligible for funding

9 under part I subtitle B.

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

12 public safety needs and that—

13 ‘‘(A) recruits individuals with special skills

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

16 teams in positions in which the participants can

17 meet such unmet needs; and

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

19 program, brings participants together for addi20 tional training and other activities designed to

21 foster civic responsibility, increase the skills of

22 participants, and improve the quality of the

23 service provided.
15

•HR 2010 EH

1 ‘‘(5) An individualized placement program that

2 includes regular group activities, such as leadership

3 training and special service projects.

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

5 to provide substantial service in a community during

6 the school term and during summer or other vaca7 tion periods through the use of—

8 ‘‘(A) students who are attending an insti9 tution of higher education, including students

10 supported by work-study funds under part C of

11 title IV of the Higher Education Act of 1965

12 (42 U.S.C. 2751 et seq.);

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

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

15 such students and community residents.

16 ‘‘(7) A preprofessional training program in

17 which students enrolled in an institution of higher

18 education—

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

20 which may include classes containing service21 learning;

22 ‘‘(B) perform service related to such train23 ing outside the classroom during the school

24 term and during summer or other vacation peri25 ods; and
16

•HR 2010 EH

1 ‘‘(C) agree to provide service upon gradua2 tion to meet unmet human, educational, envi3 ronmental, or public safety needs related to

4 such training.

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

6 trains, and places qualified participants in posi7 tions—

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

9 early childhood development staff, or other pro10 fessionals providing service to meet educational,

11 human, environmental, or public safety needs in

12 communities with an inadequate number of

13 such professionals;

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

15 the maximum living allowance authorized in

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

17 subsection (c) of such section; and

18 ‘‘(C) that are sponsored by public or pri19 vate nonprofit employers who agree to pay 100

20 percent of the salaries and benefits (other than

21 any national service educational award under

22 subtitle D) of the participants.

23 ‘‘(9) A program in which economically dis24 advantaged individuals (including individuals with

25 disabilities) who are between the ages of 16 and 25
17

•HR 2010 EH

1 years of age, inclusive, are provided with opportuni2 ties to perform service that, while enabling such in3 dividuals to obtain the education and employment

4 skills necessary to achieve economic self-sufficiency,

5 will help their communities meet—

6 ‘‘(A) the housing needs of low-income fam7 ilies and the homeless; and

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

9 low-income areas.

10 ‘‘(10) A national service entrepreneur program

11 that identifies, recruits, and trains gifted young

12 adults of all backgrounds and assists them in de13 signing solutions to community problems.

14 ‘‘(11) An intergenerational program that com15 bines students, out-of-school youths, and older

16 adults as participants to provide needed community

17 services, including an intergenerational component

18 for other national service programs described in this

19 subsection.

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

21 combination of nonprofit organizations located in a

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

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

24 composed in significant part of low-income individ25 uals, and is intended to provide opportunities for in-
18

•HR 2010 EH

1 dividuals or teams of individuals to engage in com2 munity projects in such area that meet unaddressed

3 community and individual needs, including projects

4 that would—

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

6 and youth aged 18 and younger, such as pro7 viding after-school ‘safe-places’ with opportuni8 ties for learning and recreation; or

9 ‘‘(B) be directed to other important

10 unaddressed needs in such area.

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

12 meet the needs of rural communities, using teams or

13 individual placements to address the development

14 needs of rural communities and to combat rural pov15 erty, including health care, education, and job train16 ing.

17 ‘‘(14) A program that seeks to eliminate hunger

18 in communities and rural areas through service in

19 projects—

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

21 and nonprofit organizations that provide food

22 during emergencies;

23 ‘‘(B) involving the gleaning of prepared

24 and unprepared food that would otherwise be

25 discarded as unusable so that the usable por-
19

•HR 2010 EH

1 tion of such food may be donated to food banks,

2 food pantries, and other nonprofit organiza3 tions;

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

5 causes of hunger through education and the de6 livery of appropriate services; or

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

8 nutrition, and life skills necessary to alleviate

9 hunger in communities and rural areas.

10 ‘‘(15) Such other national service programs ad11 dressing unmet human, educational, environmental,

12 or public safety needs as the Corporation may des13 ignate.

14 ‘‘(b) QUALIFICATION CRITERIA TO DETERMINE ELI15 GIBILITY.—

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

17 Corporation shall establish qualification criteria for

18 different types of national service programs for the

19 purpose of determining whether a particular national

20 service program should be considered to be a na21 tional service program eligible to receive assistance

22 or approved national service positions under this

23 subtitle.

24 ‘‘(2) CONSULTATION.—In establishing qualifica25 tion criteria under paragraph (1), the Corporation
20

•HR 2010 EH

1 shall consult with organizations and individuals with

2 extensive experience in developing and administering

3 effective national service programs or regarding the

4 delivery of human, educational, environmental, or

5 public safety services to communities or persons.

6 ‘‘(3) APPLICATION TO SUBGRANTS.—The quali7 fication criteria established by the Corporation under

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

9 assistance under section 121(a) that uses any por10 tion of the assistance to conduct a grant program to

11 support other national service programs.

12 ‘‘(4) ENCOURAGEMENT OF INTERGEN13 ERATIONAL COMPONENTS OF PROGRAMS.—The Cor14 poration shall encourage national service programs

15 eligible to receive assistance or approved national

16 service positions under this subtitle to establish, if

17 consistent with the purposes of the program, an

18 intergenerational component of the program that

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

20 adults as participants to provide services to address

21 unmet human, educational, environmental, or public

22 safety needs.

23 ‘‘(c) NATIONAL SERVICE PRIORITIES.—

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

25 order to concentrate national efforts on meeting cer-
21

•HR 2010 EH

1 tain unmet human, educational, environmental, or

2 public safety needs and to achieve the other pur3 poses of this Act, the Corporation may establish,

4 and periodically alter, priorities regarding the types

5 of national service programs to be assisted under

6 section 121 and the purposes for which such assist7 ance may be used.

8 ‘‘(2) NOTICE TO APPLICANTS.—The Corpora9 tion shall provide advance notice to potential appli10 cants of any national service priorities to be in effect

11 under this subsection for a fiscal year. The notice

12 shall specifically include—

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

14 in the priorities since the previous notice; and

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

16 programs that are designated by the Corpora17 tion under section 133(d)(2) as eligible for pri18 ority consideration in the next competitive dis19 tribution of assistance under section 121(a).

20 ‘‘(3) APPLICATION TO SUBGRANTS.—Any na21 tional service priorities established by the Corpora22 tion under this subsection shall also be used by each

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

24 any portion of the assistance to conduct a grant pro25 gram to support other national service programs.
22

•HR 2010 EH

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

3 EDUCATIONAL AWARDS.

4 ‘‘The Corporation may approve of any of the follow5 ing service positions as an approved national service posi6 tion that includes the national service educational award

7 described in subtitle D as one of the benefits to be pro8 vided for successful service in the position:

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

10 service program described in section 122(a) that re11 ceives assistance under subsection (a) or (b) of sec12 tion 121.

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

14 that—

15 ‘‘(A) is carried out by a State, a subdivi16 sion of a State, an Indian tribe, a public or pri17 vate nonprofit organization, an institution of

18 higher education, or a Federal agency; and

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

20 under section 121(a), based on criteria estab21 lished by the Corporation, but has not applied

22 for such assistance.

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

24 volunteer under title I of the Domestic Volunteer

25 Service Act of 1973 (42 U.S.C. 4951 et seq.).
23

•HR 2010 EH

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

2 program described in section 122(a)(3) that is eligi3 ble for assistance under part I of subtitle B.

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

5 Community Corps under subtitle E.

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

8 supporting a national service program that receives

9 an approved national service position.

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

11 the Corporation considers to be appropriate.

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

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

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

16 planning of a national service program. Assistance pro17 vided in accordance with this subsection may cover a pe18 riod of not more than 1 year.

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

20 may provide assistance under section 121 to a qualified

21 applicant that submits an application under section 130

22 for the establishment, operation, or expansion of a na23 tional service program. Assistance provided in accordance

24 with this subsection may cover a period of not more than
24

•HR 2010 EH

1 3 years, but may be renewed by the Corporation upon con2 sideration of a new application under section 130.

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

4 may provide assistance under section 121 to a qualified

5 applicant that submits an application under section 130

6 for the expansion of a proven national service program to

7 another geographical location. Assistance provided in ac8 cordance with this subsection may cover a period of not

9 more than 3 years, but may be renewed by the Corpora10 tion upon consideration of a new application under section

11 130.

12 ‘‘(d) APPLICATION TO SUBGRANTS.—The require13 ments of this section shall apply to any State or other

14 applicant receiving assistance under section 121 that pro15 poses to conduct a grant program using the assistance to

16 support other national service programs.

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

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

19 conduct, directly or by grant or contract, appropriate

20 training programs regarding national service in order to—

21 ‘‘(1) improve the ability of national service pro22 grams assisted under section 121 to meet human,

23 educational, environmental, or public safety needs in

24 communities—

25 ‘‘(A) where services are needed most; and
25

•HR 2010 EH

1 ‘‘(B) where programs do not currently

2 exist or are currently too limited to meet com3 munity needs;

4 ‘‘(2) promote leadership development in such

5 programs;

6 ‘‘(3) improve the instructional and pro7 grammatic quality of such programs to build an

8 ethic of civic responsibility;

9 ‘‘(4) develop the management and budgetary

10 skills of program operators;

11 ‘‘(5) provide for or improve the training pro12 vided to the participants in such programs; and

13 ‘‘(6) encourage national service programs to ad14 here to risk management procedures, including the

15 training of participants in appropriate risk manage16 ment practices.

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

18 shall make appropriate technical assistance available to

19 States, subdivisions of States, Federal agencies, Indian

20 tribes, public and private nonprofit organizations, and in21 stitutions of higher education that desire—

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

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

24 or under a grant program conducted using assist25 ance provided under such section.
26

•HR 2010 EH

1 ‘‘SEC. 126. OTHER SPECIAL ASSISTANCE.

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

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

4 appropriated to carry out this subtitle in each fiscal

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

6 the Corporation to make assistance available to as7 sist a State to establish or operate the State Com8 mission on National Service required to be estab9 lished by the State under section 178.

10 ‘‘(2) AMOUNT OF ASSISTANCE.—Except as pro11 vided in paragraph (3), the amount of assistance

12 that may be provided to a State Commission under

13 this subsection, together with other Federal funds

14 available to establish or operate the State Commis15 sion, may not exceed—

16 ‘‘(A) 85 percent of the total cost to estab17 lish or operate the State Commission for the

18 first year for which the State Commission re19 ceives assistance under this subsection; and

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

21 as the Corporation may establish for the sec22 ond, third, and fourth years of such assistance

23 in order to ensure that the Federal share does

24 not exceed 50 percent of such costs for the fifth

25 year, and any subsequent year, for which the
27

•HR 2010 EH

1 State Commission receives assistance under this

2 subsection.

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

4 total amount of assistance that may be provided to

5 a State Commission under this subsection for a year

6 may not exceed $500,000.

7 ‘‘(b) DISASTER SERVICE.—The Corporation may un8 dertake activities to involve youth corps programs de9 scribed in section 122(a)(2) and other programs that re10 ceive assistance under the national service laws in relief

11 efforts in response to an emergency or major disaster de12 clared by the President under the Robert T. Stafford Dis13 aster Relief and Emergency Assistance Act (42 U.S.C.

14 5121 et seq.).

15 ‘‘(c) CHALLENGE GRANTS FOR NATIONAL SERVICE

16 PROGRAMS.—

17 ‘‘(1) ASSISTANCE AUTHORIZED.—The Corpora18 tion may make challenge grants under this sub19 section to a national service program that receives

20 assistance under section 121. The Corporation shall

21 develop criteria for the selection of challenge grant

22 recipients so as to make the grants widely available

23 to a variety of high-quality national service programs

24 with demonstrated experience in providing service
28

•HR 2010 EH

1 opportunities with visible benefits to the participants

2 and to the community served.

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

4 grant under this subsection may provide not more

5 than $1 of assistance under this subsection for each

6 $1 in cash raised by the national service program

7 from private sources in excess of amounts required

8 to be provided by the program to satisfy matching

9 funds requirements under section 121(e). The Cor10 poration shall establish a ceiling on the amount of

11 assistance that may be provided to a national service

12 program under this subsection.

13 ‘‘PART II—APPLICATION AND APPROVAL

14 PROCESS

15 ‘‘SEC. 129. PROVISION OF ASSISTANCE AND APPROVED NA16 TIONAL SERVICE POSITIONS BY COMPETI17 TIVE AND OTHER MEANS.

18 ‘‘(a) ALLOTMENTS OF ASSISTANCE AND APPROVED

19 POSITIONS TO STATES AND INDIAN TRIBES.—

‘‘(1) 331 20 ⁄3 PERCENT ALLOTMENT OF ASSIST21 ANCE TO CERTAIN STATES.—Of the funds allocated

22 by the Corporation for provision of assistance under

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

24 year, the Corporation shall make a grant under sec25 tion 121(a) (and a corresponding allotment of ap-
29

•HR 2010 EH

1 proved national service positions) to each of the sev2 eral States, the District of Columbia, and the Com3 monwealth of Puerto Rico that has an application

4 approved by the Corporation under section 133. The

5 amount allotted as a grant to each such State under

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

amount that bears the same ratio to 331 7 ⁄3 percent

8 of the allocated funds for that fiscal year as the pop9 ulation of the State bears to the total population of

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

11 Commonwealth of Puerto Rico.

12 ‘‘(2) ONE PERCENT ALLOTMENT FOR CERTAIN

13 TERRITORIES AND POSSESSIONS.—Of the funds allo14 cated by the Corporation for provision of assistance

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

16 fiscal year, the Corporation shall reserve 1 percent

17 of the allocated funds for grants under section

18 121(a) to the Virgin Islands of the United States,

19 Guam, American Samoa, and the Commonwealth of

20 the Northern Mariana Islands upon approval of an

21 application by the Corporation under section 133.

22 Palau shall also be eligible for a grant under this

23 paragraph from the allotment until such time as the

24 Compact of Free Association with Palau is ratified.

25 The amount allotted as a grant to each such terri-
30

•HR 2010 EH

1 tory or possession under this paragraph for a fiscal

2 year shall be equal to the amount that bears the

3 same ratio to 1 percent of the allocated funds for

4 that fiscal year as the population of the territory or

5 possession bears to the total population of such ter6 ritories and possessions.

7 ‘‘(3) ONE PERCENT ALLOTMENT FOR INDIAN

8 TRIBES.—Of the funds allocated by the Corporation

9 for provision of assistance under subsections (a) and

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

11 shall reserve 1 percent of the allocated funds for

12 grants under section 121(a) to Indian tribes, to be

13 allotted by the Corporation on a competitive basis in

14 accordance with their respective needs.

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

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

17 give notice to the Corporation of its intent to apply

18 for, an allotment under this subsection, the Corpora19 tion shall use the amount that would have been al20 lotted under this subsection to the State or Indian

21 tribe—

22 ‘‘(A) to make grants (and provide ap23 proved national service positions in connection

24 with such grants) to other eligible entities

25 under section 121 that propose to carry out na-
31

•HR 2010 EH

1 tional service programs in the State or on be2 half of the Indian tribe; and

3 ‘‘(B) after making grants under subpara4 graph (A), to make a reallotment to other

5 States and Indian tribes with approved applica6 tions under section 130.

7 ‘‘(5) EFFECT OF STATE FAILURE TO LIMIT LI8 ABILITY.—If, not later than 2 years after the effec9 tive date of this subtitle, a State fails to have in ef10 fect (and to certify in its application that the State

11 has in effect) a limitation on liability that satisfies

12 the requirements of title V of the National Service

13 Trust Act of 1993, the allotment for such State

14 shall be reduced by 5 percent, and the Corporation

15 shall allot the amount of the reduction among the

16 States that have in effect (and so certify) such limi17 tation.

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

19 Corporation shall ensure that each individual selected dur20 ing a fiscal year for assignment as a VISTA volunteer

21 under title I of the Domestic Volunteer Service Act of

22 1973 (42 U.S.C. 4951 et seq.) or as a participant in the

23 Civilian Community Corps Demonstration Program under

24 subtitle E shall receive the national service educational

25 award described in subtitle D if the individual satisfies the
32

•HR 2010 EH

1 eligibility requirements for the award. Funds for approved

2 national service positions required by this paragraph for

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

4 approved national service positions to be available for dis5 tribution under subsections (a) and (d) for that fiscal year.

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

7 the funds appropriated under section 501(a)(2), and sub8 ject to the limitation in that section, the Corporation may

9 reserve such amount as the Corporation considers to be

10 appropriate for the purpose of making assistance available

11 under sections 125 and 126. However, the Corporation

12 may not reserve more than $10,000,000 for a fiscal year

13 for challenge grants under section 126(c).

14 ‘‘(d) COMPETITIVE DISTRIBUTION OF REMAINING

15 FUNDS AND APPROVED POSITIONS.—

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

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

19 fiscal year, the Corporation shall use not less than

331 20 ⁄3 percent of the allocated funds to make grants

21 to States on a competitive basis under section

22 121(a).

23 ‘‘(2) FEDERAL AGENCIES AND OTHER APPLI24 CANTS.—The Corporation shall distribute on a com25 petitive basis to subdivisions of States, Indian tribes,
33

•HR 2010 EH

1 public and private nonprofit organizations (including

2 labor organizations), institutions of higher edu3 cation, and Federal agencies the remainder of the

4 funds allocated by the Corporation for provision of

5 assistance under section 121 for a fiscal year, after

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

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

than 1 8 ⁄3 of the funds available for competitive dis9 tribution under this paragraph for a fiscal year to

10 Federal agencies under section 121(b).

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

12 the categories of eligible applicants for assistance

13 under paragraph (2) consistent with the priorities

14 established by the Corporation under section

15 133(d)(2).

16 ‘‘(e) APPLICATION REQUIRED.—The allotment of as17 sistance and approved national service positions to a State

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

19 distribution of assistance and approved national service

20 positions under subsection (d), shall be made by the Cor21 poration only pursuant to an application submitted by a

22 State or other applicant under section 130 and approved

23 by the Corporation under section 133.

24 ‘‘(f) DISTRIBUTION OF APPROVED POSITIONS SUB25 JECT TO AVAILABLE FUNDS.—The Corporation may not
34

•HR 2010 EH

1 distribute approved national service positions under this

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

3 positions for which the Corporation has sufficient available

4 funds in the National Service Trust for that fiscal year

5 to satisfy the maximum possible obligations to be incurred

6 by the United States to provide the national service edu7 cational award corresponding to service in these positions.

8 ‘‘(g) SPONSORSHIP OF APPROVED NATIONAL SERV9 ICE POSITIONS.—

10 ‘‘(1) SPONSORSHIP AUTHORIZED.—The Cor11 poration may enter into agreements with persons or

12 entities who offer to sponsor national service posi13 tions for which the person or entity will be respon14 sible for supplying the funds necessary to provide a

15 national service educational award. The distribution

16 of these approved national service positions shall be

17 made pursuant to the agreement, and the creation

18 of these positions shall not be taken into consider19 ation in determining the number of approved na20 tional service positions to be available for distribu21 tion under this section.

22 ‘‘(2) DEPOSIT OF CONTRIBUTION.—Funds pro23 vided pursuant to an agreement under paragraph

24 (1) and any other funds contributed to the Corpora25 tion to support the activities of the Corporation
35

•HR 2010 EH

1 under the national service laws shall be deposited in

2 the National Service Trust established in section

3 145 until such time as the funds are needed.

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

5 NATIONAL SERVICE POSITIONS.

6 ‘‘(a) TIME, MANNER, AND CONTENT OF APPLICA7 TION.—To be eligible to receive assistance under section

8 121 and approved national service positions for partici9 pants who serve in the national service programs to be

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

11 a State, Indian tribe, public or private nonprofit organiza12 tion, institution of higher education, or Federal agency

13 shall prepare and submit to the Corporation an application

14 at such time, in such manner, and containing such infor15 mation as the Corporation may reasonably require.

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

17 order to have adequate information upon which to consider

18 an application under section 133, the Corporation may re19 quire the following information to be provided in an appli20 cation submitted under subsection (a):

21 ‘‘(1) A description of the national service pro22 grams proposed to be carried out directly by the ap23 plicant using assistance provided under section 121.

24 ‘‘(2) A description of the national service pro25 grams that are selected by the applicant to receive
36

•HR 2010 EH

1 a grant from assistance requested under section 121

2 and a description of the process and criteria by

3 which the programs were selected, unless such a

4 process conflicts with State or local law, regulation,

5 or policy.

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

7 be used, or sought to be used, for the national serv8 ice programs referred to in paragraphs (1) and (2),

9 and, if the application is submitted for the purpose

10 of seeking a renewal of assistance, a description of

11 the success of the programs in not increasing their

12 reliance on funds provided under this Act.

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

14 projects to be conducted using the assistance will ad15 dress unmet human, educational, environmental, or

16 public safety needs and produce a direct benefit for

17 the community in which the projects are performed.

18 ‘‘(5) A description of the plan to be used to re19 cruit participants, including youth with disabilities

20 and economically disadvantaged youth, for the na21 tional service programs referred to in paragraphs (1)

22 and (2).

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

24 national service programs referred to in paragraphs
37

•HR 2010 EH

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

2 Federal programs.

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

4 national service programs referred to in paragraphs

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

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

7 responsibility and produce a positive change in

8 the lives of participants through training and

9 participation in meaningful service experiences

10 and opportunities for reflection on such experi11 ences; and

12 ‘‘(B) in leadership positions in implement13 ing and evaluating the program.

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

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

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

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

18 unmet human, educational, environmental, or

19 public safety needs; and

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

21 to participants in the programs.

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

23 which the national service programs referred to in

24 paragraphs (1) and (2) conform to the national serv-
38

•HR 2010 EH

1 ice priorities established by the Corporation under

2 section 122(c).

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

4 the applicant in operating a comparable program or

5 in conducting a grant program in support of other

6 comparable service programs.

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

8 proposed service positions in which participants will

9 receive the national service educational award de10 scribed in subtitle D and a description of the man11 ner in which approved national service positions will

12 be apportioned by the applicant.

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

14 to which participants, representatives of the commu15 nity served, community-based agencies with a dem16 onstrated record of experience in providing services,

17 and labor organizations contributed to the develop18 ment of the national service programs referred to in

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

20 individual representing each appropriate labor orga21 nization (if any) who was consulted and the nature

22 of the consultation.

23 ‘‘(13) Such other information as the Corpora24 tion may reasonably require.
39

•HR 2010 EH

1 ‘‘(c) APPLICATION TO RECEIVE ONLY APPROVED

2 NATIONAL SERVICE POSITIONS.—

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

4 subsection shall apply in the case of an application

5 in which—

6 ‘‘(A) the applicant is not seeking assist7 ance under subsection (a) or (b) of section 121,

8 but requests national service educational

9 awards for individuals serving in service posi10 tions described in section 123; or

11 ‘‘(B) the applicant requests national serv12 ice educational awards for service positions de13 scribed in section 123, but the positions are not

14 positions in a national service program de15 scribed in section 122(a) for which assistance

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

17 section 121.

18 ‘‘(2) SPECIAL APPLICATION REQUIREMENTS.—

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

20 Corporation shall establish special application re21 quirements in order to determine—

22 ‘‘(A) whether the service positions meet

23 unmet human, educational, environmental, or

24 public safety needs and meet the criteria for as25 sistance under this subtitle; and
40

•HR 2010 EH

1 ‘‘(B) whether the Corporation should ap2 prove the positions as approved national service

3 positions that include the national service edu4 cational award described in subtitle D as one of

5 the benefits to be provided for successful service

6 in the position.

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

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

9 application of a State for approved national service

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

11 be submitted by the State Commission.

12 ‘‘(2) COMPETITIVE SELECTION.—The applica13 tion of a State shall contain an assurance that all

14 assistance provided under section 121(a) to the

15 State will be used to support national service pro16 grams that were selected by the State on a competi17 tive basis. In making such competitive selections, the

18 State shall seek to ensure the equitable allocation

19 within the State of assistance and approved national

20 service positions provided under this subtitle to the

21 State taking into consideration such factors as the

22 location of the programs applying to the State, pop23 ulation density, and economic distress.

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

25 The application of a State shall also contain an as-
41

•HR 2010 EH

1 surance that not less than 60 percent of the assist2 ance will be used to make grants in support of na3 tional service programs other than national service

4 programs carried out by a State agency. The Cor5 poration may permit a State to deviate from the per6 centage specified by this subsection if the State has

7 not received a sufficient number of acceptable appli8 cations to comply with the percentage.

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

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

11 a program applicant that proposes to also serve as

12 the service sponsor, the application shall include the

13 written concurrence of any local labor organization

14 representing employees of the service sponsor who

15 are engaged in the same or substantially similar

16 work as that proposed to be carried out.

17 ‘‘(2) PROGRAM APPLICANT DEFINED.—For pur18 poses of this subsection, the term ‘program appli19 cant’ means—

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

21 tribe, public or private nonprofit organization,

22 institution of higher education, or Federal

23 agency submitting an application under this

24 section; or
42

•HR 2010 EH

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

2 approved national service positions through a

3 grant program conducted using assistance pro4 vided to a State, subdivision of a State, Indian

5 tribe, public or private nonprofit organization,

6 institution of higher education, or Federal

7 agency under section 121.

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

9 APPLICATIONS.—The Corporation shall reject an applica10 tion submitted under this section if a project proposed to

11 be conducted using assistance requested by the applicant

12 is already described in another application pending before

13 the Corporation.

14 ‘‘SEC. 131. NATIONAL SERVICE PROGRAM ASSISTANCE

15 REQUIREMENTS.

16 ‘‘(a) IMPACT ON COMMUNITIES.—An application sub17 mitted under section 130 shall include an assurance by

18 the applicant that any national service program carried

19 out by the applicant using assistance provided under sec20 tion 121 and any national service program supported by

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

22 ‘‘(1) address unmet human, educational, envi23 ronmental, or public safety needs through services

24 that provide a direct benefit to the community in

25 which the service is performed; and
43

•HR 2010 EH

1 ‘‘(2) comply with the nonduplication and

2 nondisplacement requirements of section 177.

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

4 submitted under section 130 shall also include an assur5 ance by the applicant that any national service program

6 carried out by the applicant using assistance provided

7 under section 121 and any national service program sup8 ported by a grant made by the applicant using such assist9 ance will—

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

11 program with the training, skills, and knowledge

12 necessary for the projects that participants are

13 called upon to perform; and

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

15 such as the provision of appropriate information and

16 support—

17 ‘‘(A) to those participants who are com18 pleting a term of service and making the transi19 tion to other educational and career opportuni20 ties; and

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

22 dropouts in order to assist those participants in

23 earning the equivalent of a high school diploma.

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

25 under section 130 shall also include an assurance by the
44

•HR 2010 EH

1 applicant that any national service program carried out

2 by the applicant using assistance provided under section

3 121 and any national service program supported by a

4 grant made by the applicant using such assistance will—

5 ‘‘(1) provide in the design, recruitment, and op6 eration of the program for broad-based input from—

7 ‘‘(A) the community served and potential

8 participants in the program; and

9 ‘‘(B) community-based agencies with a

10 demonstrated record of experience in providing

11 services and local labor organizations represent12 ing employees of service sponsors, if these enti13 ties exist in the area to be served by the pro14 gram;

15 ‘‘(2) prior to the placement of participants, con16 sult with any local labor organization representing

17 employees in the area who are engaged in the same

18 or similar work as that proposed to be carried out

19 by such program to ensure compliance with the

20 nondisplacement requirements specified in section

21 177; and

22 ‘‘(3) in the case of a program that is not fund23 ed through a State, consult with and coordinate ac24 tivities with the State Commission for the State in

25 which the program operates.
45

•HR 2010 EH

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

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

3 under section 130 shall also include an assurance by

4 the applicant that the applicant will—

5 ‘‘(A) arrange for an independent evalua6 tion of any national service program carried out

7 using assistance provided to the applicant under

8 section 121 or, with the approval of the Cor9 poration, conduct an internal evaluation of the

10 program;

11 ‘‘(B) apply measurable performance goals

12 and evaluation methods (such as the use of sur13 veys of participants and persons served), which

14 are to be used as part of such evaluation to de15 termine the impact of the program—

16 ‘‘(i) on communities and persons

17 served by the projects performed by the

18 program;

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

20 the projects; and

21 ‘‘(iii) in such other areas as the Cor22 poration may require; and

23 ‘‘(C) cooperate with any evaluation activi24 ties undertaken by the Corporation.
46

•HR 2010 EH

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

2 the Corporation shall develop evaluation criteria and

3 performance goals applicable to all national service

4 programs carried out with assistance provided under

5 section 121.

6 ‘‘(3) ALTERNATIVE EVALUATION REQUIRE7 MENTS.—The Corporation may establish alternative

8 evaluation requirements for national service pro9 grams based upon the amount of assistance received

10 under section 121 or received by a grant made by

11 a recipient of assistance under such section. The de12 termination of whether a national service program is

13 covered by this paragraph shall be made in such

14 manner as the Corporation may prescribe.

15 ‘‘(e) LIVING ALLOWANCES AND OTHER INSERVICE

16 BENEFITS.—Except as provided in section 140(c), an ap17 plication submitted under section 130 shall also include

18 an assurance by the applicant that the applicant will—

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

20 and other benefits specified in section 140 to partici21 pants in any national service program carried out by

22 the applicant using assistance provided under section

23 121; and

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

25 that receives a grant from the applicant using such
47

•HR 2010 EH

1 assistance will also provide a living allowance and

2 other benefits specified in section 140 to participants

3 in the program.

4 ‘‘(f) SELECTION OF PARTICIPANTS FROM INDIVID5 UALS RECRUITED BY CORPORATION OR STATE COMMIS6 SIONS.—The Corporation may also require an assurance

7 by the applicant that any national service program carried

8 out by the applicant using assistance provided under sec9 tion 121 and any national service program supported by

10 a grant made by the applicant using such assistance will

11 select a portion of the participants for the program from

12 among prospective participants recruited by the Corpora13 tion or State Commissions under section 138(d). The Cor14 poration may specify a minimum percentage of partici15 pants to be selected from the national leadership pool es16 tablished under section 138(e) and may vary the percent17 age for different types of national service programs. In

18 the case of programs conducted by a State or subdivision

19 of a State, the Corporation shall permit the State or sub20 division to select only residents of that State if such a re21 strictive selection procedure is necessary to comply with

22 State or local law, regulation, or policy.

23 ‘‘SEC. 132. INELIGIBLE SERVICE CATEGORIES.

24 ‘‘An application submitted to the Corporation under

25 section 130 shall include an assurance by the applicant
48

•HR 2010 EH

1 that any national service program carried out using assist2 ance provided under section 121 and any approved na3 tional service position provided to an applicant will not be

4 used to perform service that provides a direct benefit to

5 any—

6 ‘‘(1) business organized for profit;

7 ‘‘(2) labor union;

8 ‘‘(3) partisan political organization; or

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

10 unless such service does not involve the use of assist11 ance provided under section 121 or participants to

12 give religious instruction, conduct worship services,

13 or engage in any form of proselytization.

14 ‘‘SEC. 133. CONSIDERATION OF APPLICATIONS.

15 ‘‘(a) CORPORATION CONSIDERATION OF CERTAIN

16 CRITERIA.—The Corporation shall apply the criteria de17 scribed in subsections (c) and (d) in determining wheth18 er—

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

20 section 130 and provide assistance under section

21 121 to the applicant; and

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

23 the application as national service positions that in24 clude the national service educational award de-
49

•HR 2010 EH

1 scribed in subtitle D and provide such approved na2 tional service positions to the applicant.

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

4 other entity that uses assistance provided under section

5 121(a) to support national service programs selected on

6 a competitive basis to receive a share of the assistance

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

8 when considering an application submitted by a national

9 service program to receive a portion of such assistance or

10 an approved national service position. The application of

11 the State or other entity under section 130 shall contain

12 a certification that the State or other entity complied with

13 these criteria in the selection of national service programs

14 to receive assistance.

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

16 to be applied in evaluating applications submitted under

17 section 130 are as follows:

18 ‘‘(1) The quality of the national service pro19 gram proposed to be carried out directly by the ap20 plicant or supported by a grant from the applicant.

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

22 service program, and the feasibility of replicating the

23 program.

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

25 program, based on evidence such as the existence—
50

•HR 2010 EH

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

2 support for the program; and

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

4 funding for the program.

5 ‘‘(4) The quality of the leadership of the na6 tional service program, the past performance of the

7 program, and the extent to which the program

8 builds on existing programs.

9 ‘‘(5) The extent to which participants of the na10 tional service program are recruited from among

11 residents of the communities in which projects are to

12 be conducted, and the extent to which participants

13 and community residents are involved in the design,

14 leadership, and operation of the program.

15 ‘‘(6) The extent to which projects would be con16 ducted in the following areas where they are needed

17 most—

18 ‘‘(A) communities designated as enterprise

19 zones or redevelopment areas, targeted for spe20 cial economic incentives, or otherwise identifi21 able as having high concentrations of low22 income people;

23 ‘‘(B) areas that are environmentally

24 distressed;
51

•HR 2010 EH

1 ‘‘(C) areas adversely affected by Federal

2 actions related to the management of Federal

3 lands that result in significant regional job

4 losses and economic dislocation;

5 ‘‘(D) areas adversely affected by reductions

6 in defense spending or the closure or realign7 ment of military installations;

8 ‘‘(E) rural areas adversely affected by un9 fair trading practices of international competi10 tors of the United States; or

11 ‘‘(F) areas that have an unemployment

12 rate greater than the national average unem13 ployment for the most recent 12 months for

14 which satisfactory data are available.

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

16 States, the extent to which the application is consist17 ent with the application under section 130 of the

18 State in which the projects would be conducted.

19 ‘‘(8) Such other criteria as the Corporation con20 siders to be appropriate.

21 ‘‘(d) OTHER CONSIDERATIONS.—

22 ‘‘(1) GEOGRAPHIC DIVERSITY.—The Corpora23 tion shall ensure that recipients of assistance pro24 vided under section 121 are geographically diverse

25 and include projects to be conducted in those urban
52

•HR 2010 EH

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

2 poverty.

3 ‘‘(2) PRIORITIES.—The Corporation may des4 ignate, under such criteria as may be established by

5 the Corporation, certain national service programs

6 or types of national service programs described in

7 section 122(a) for priority consideration in the com8 petitive distribution of funds under section

9 129(d)(2). In designating national service programs

10 to receive priority, the Corporation may include—

11 ‘‘(A) national service programs carried out

12 by another Federal agency;

13 ‘‘(B) national service programs that con14 form to the national service priorities in effect

15 under section 122(c);

16 ‘‘(C) innovative national service programs;

17 ‘‘(D) national service programs that are

18 well established in one or more States at the

19 time of the application and are proposed to be

20 expanded to additional States using assistance

21 provided under section 121;

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

23 national service programs if the grant programs

24 are to be conducted by nonprofit organizations

25 with a demonstrated and extensive expertise in
53

•HR 2010 EH

1 the provision of services to meet human, edu2 cational, environmental, or public safety needs;

3 and

4 ‘‘(F) professional corps programs described

5 in section 122(a)(8).

6 ‘‘(e) EMPHASIS ON AREAS MOST IN NEED.—In mak7 ing assistance available under section 121 and in providing

8 approved national service positions under section 123, the

9 Corporation shall ensure that not less than 50 percent of

10 the total amount of assistance to be distributed to States

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

12 year are provided to carry out or support national service

13 programs and projects that—

14 ‘‘(1) are conducted in areas of economic dis15 tress described in subsection (c)(6) or on Federal or

16 other public lands to address unmet human, edu17 cational, environmental, or public safety needs in

18 such areas; and

19 ‘‘(2) place a priority on the recruitment of par20 ticipants who are residents of areas of economic dis21 tress described in subsection (c)(6) or Federal or

22 other public lands.

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

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

25 the Corporation rejects an application submitted by
54

•HR 2010 EH

1 a State Commission under section 130 for funds de2 scribed in section 129(a)(1), the Corporation shall

3 promptly notify the State Commission of the reasons

4 for the rejection of the application.

5 ‘‘(2) RESUBMISSION AND RECONSIDERATION.—

6 The Corporation shall provide a State Commission

7 notified under paragraph (1) with a reasonable op8 portunity to revise and resubmit the application. At

9 the request of the State Commission, the Corpora10 tion shall provide technical assistance to the State

11 Commission as part of the resubmission process.

12 The Corporation shall promptly reconsider an appli13 cation resubmitted under this paragraph.

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

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

16 year that the Corporation determines will not be

17 provided for that fiscal year shall be available for

18 distribution by the Corporation as provided in para19 graph (4) of such subsection.

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

21 NATIONAL SERVICE.

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

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

24 Corporation shall arrange for the independent evaluation

25 of the operation of this subtitle to determine the levels
55

•HR 2010 EH

1 of participation of economically disadvantaged individuals

2 in national service programs carried out or supported

3 using assistance provided under section 121.

4 ‘‘(b) PERIOD COVERED BY EVALUATION.—The eval5 uation required by this section shall cover the two-year

6 period beginning on the date the Corporation first makes

7 a grant under section 121.

8 ‘‘(c) INCOME LEVELS OF PARTICIPANTS.—The evalu9 ating entity shall determine the total income of each par10 ticipant who serves, during the period covered by the eval11 uation, in a national service program carried out or sup12 ported using assistance provided under section 121 or in

13 an approved national service position. The total income

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

15 participant was first selected to participate and shall in16 clude family total income unless the evaluating entity de17 termines that the participant was independent at the time

18 of selection.

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

20 evaluating entity shall also determine the amount of as21 sistance provided under section 121 during the period cov22 ered by the report that has been expended for projects

23 conducted in areas of economic distress described in sec24 tion 133(c)(6).
56

•HR 2010 EH

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

2 report containing the results of the evaluation to the

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

4 Commission.

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

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

7 given that term in subsection (a) of the Higher Edu8 cation Act of 1965 (20 U.S.C. 1087vv).

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

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

11 ‘‘PART III—NATIONAL SERVICE PARTICIPANTS

12 ‘‘SEC. 137. DESCRIPTION OF PARTICIPANTS.

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

14 individual shall be considered to be a participant in a na15 tional service program carried out using assistance pro16 vided under section 121 if the individual—

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

18 be established by the program;

19 ‘‘(2) is selected by the program to serve in a po20 sition with the program;

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

22 service specified in section 139 to be performed be23 fore, during, or after attendance at an institution of

24 higher education;
57

•HR 2010 EH

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

2 individual begins the term of service;

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

4 equivalent, agrees to obtain a high school diploma or

5 its equivalent (unless this requirement is waived

6 based on an individual education assessment con7 ducted by the program) and the individual did not

8 drop out of an elementary or secondary school to en9 roll in the program, or is enrolled in an institution

10 of higher education on an ability to benefit basis and

11 is considered eligible for funds under section 484 of

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

13 1091); and

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

15 States or lawful permanent resident alien of the

16 United States.

17 ‘‘(b) SPECIAL RULES FOR CERTAIN YOUTH PRO18 GRAMS.—An individual shall be considered to be a partici19 pant in a youth corps program described in section

20 122(a)(2) or a program described in section 122(a)(9)

21 that is carried out with assistance provided under section

22 121(a) if the individual—

23 ‘‘(1) satisfies the requirements specified in sub24 section (a), except paragraph (4) of such subsection;

25 and
58

•HR 2010 EH

1 ‘‘(2) is between the ages of 16 and 25, inclu2 sive, at the time the individual begins the term of

3 service.

4 ‘‘SEC. 138. SELECTION OF NATIONAL SERVICE PARTICI5 PANTS.

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

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

8 selection of an individual to serve in a national service pro9 gram receiving assistance under section 121 or to fill an

10 approved national service position shall be conducted by

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

12 private nonprofit organization, institution of higher edu13 cation, Federal agency, or other entity to which the assist14 ance and approved national service positions are provided.

15 ‘‘(b) NONDISCRIMINATION AND NONPOLITICAL SE16 LECTION OF PARTICIPANTS.—The recruitment and selec17 tion of individuals to serve in national service programs

18 receiving assistance under section 121 or to fill approved

19 national service positions shall be consistent with the re20 quirements of section 175.

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

22 service program to serve a second term of service under

23 section 139 shall only be available to individuals who per24 form satisfactorily in their first term of service.
59

•HR 2010 EH

1 ‘‘(d) RECRUITMENT AND PLACEMENT.—The Cor2 poration and each State Commission shall establish a sys3 tem to recruit individuals who desire to perform national

4 service and to assist the placement of these individuals in

5 approved national service positions, including positions

6 available under titles I and II of the Domestic Volunteer

7 Service Act of 1973 (42 U.S.C. 4951 et seq.). The Cor8 poration and State Commissions shall disseminate infor9 mation regarding available approved national service posi10 tions through cooperation with secondary schools, institu11 tions of higher education, employment service offices, vo12 cational rehabilitation agencies and other State offices

13 that serve primarily people with disabilities, and other ap14 propriate entities, particularly those organizations that

15 provide outreach to disadvantaged youths and youths with

16 disabilities.

17 ‘‘(e) NATIONAL LEADERSHIP POOL.—

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

19 individuals recruited under subsection (d), the Cor20 poration may select individuals with significant lead21 ership potential, as determined by the Corporation,

22 to receive special training to enhance their leader23 ship ability. The leadership training shall be pro24 vided by the Corporation directly or through a grant

25 or contract.
60

•HR 2010 EH

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

2 selecting individuals to receive leadership training

3 under this subsection, the Corporation shall make

4 special efforts to select individuals who have served

5 in the Peace Corps, as VISTA volunteers, as partici6 pants in a program under title II of the Domestic

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

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

9 receiving assistance under section 121, or who are

10 honorably discharged members of the Armed Forces

11 of the United States.

12 ‘‘(3) ASSIGNMENT.—At the request of a pro13 gram that receives assistance under the national

14 service laws, the Corporation may assign an individ15 ual who receives leadership training under para16 graph (1) to work with the program in a leadership

17 position and carry out assignments not otherwise

18 performed by regular participants. An individual as19 signed to a program shall be considered to be a par20 ticipant of the program.

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

22 shall issue regulations regarding the manner and criteria

23 by which the service of a participant shall be evaluated

24 to determine whether the service is satisfactory and suc-
61

•HR 2010 EH

1 cessful for purposes of eligibility for a second term of serv2 ice or a national service educational award.

3 ‘‘SEC. 139. TERMS OF SERVICE.

4 ‘‘(a) IN GENERAL.—As a condition of receiving a na5 tional service education award under subtitle D, a partici6 pant in an approved national service position shall be re7 quired to perform full- or part-time national service for

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

9 ‘‘(b) TERM OF SERVICE.—

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

13 the program sponsoring the position for not less

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

15 9 months and not more than 1 year.

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

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

18 national service in an approved national service posi19 tion shall agree to participate in the program spon20 soring the position for not less than 1,700 hours

21 during a period of—

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

23 than 2 years; or

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

25 than 3 years if the individual is enrolled in an
62

•HR 2010 EH

1 institute of higher education while preforming

2 all or a portion of the service.

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

4 SERVICE.—The Corporation may reduce the number

5 of hours required to be served to successfully com6 plete part-time national service to a level determined

7 by the Corporation, except that any reduction in the

8 required term of service shall include a correspond9 ing reduction in the amount of any national service

10 educational award that may be available under sub11 title D with regard to that service.

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

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

15 assistance under section 121 or a program sponsor16 ing an approved national service position may re17 lease a participant from completing a term of service

18 in the position—

19 ‘‘(A) for compelling personal circumstances

20 as demonstrated by the participant; or

21 ‘‘(B) for cause.

22 ‘‘(2) EFFECT OF RELEASE FOR COMPELLING

23 CIRCUMSTANCES.—If a participant eligible for re24 lease under paragraph (1)(A) is serving in an ap25 proved national service position, the recipient of as-
63

•HR 2010 EH

1 sistance under section 121 or a program sponsoring

2 an approved national service position may elect—

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

4 the participant that portion of the national

5 service educational award corresponding to the

6 portion of the term of service actually com7 pleted, as provided in section 147(b); or

8 ‘‘(B) to permit the participant to tempo9 rarily suspend performance of the term of serv10 ice for a period of up to 2 years (and such addi11 tional period as the Corporation may allow for

12 extenuating circumstances) and, upon comple13 tion of such period, to allow return to the pro14 gram with which the individual was serving in

15 order to complete the remainder of the term of

16 service and obtain the entire national service

17 educational award.

18 ‘‘(3) EFFECT OF RELEASE FOR CAUSE.—A par19 ticipant released for cause may not receive any por20 tion of the national service educational award.

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

22 PARTICIPANTS.

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

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

25 to paragraph (3), a national service program carried
64

•HR 2010 EH

1 out using assistance provided under section 121

2 shall provide to each participant who participates on

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

4 in an amount equal or greater than the average an5 nual subsistence allowance provided to VISTA volun6 teers under section 105 of the Domestic Volunteer

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

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

9 amount of the annual living allowance provided

10 under paragraph (1) that may be paid using assist11 ance provided under section 121 and using any other

12 Federal funds shall not exceed 85 percent of the

13 total average annual provided to VISTA volunteers

14 under section 105 of the Domestic Volunteer Service

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

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

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

18 annual living allowance that may be provided to a

19 participant in a national service program shall not

20 exceed 200 percent of the average annual subsist21 ence allowance provided to VISTA volunteers under

22 section 105 of the Domestic Volunteer Service Act

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

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

25 amount provided as a living allowance under this
65

•HR 2010 EH

1 subsection shall be prorated in the case of a partici2 pant who is authorized to serve a reduced term of

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

4 ‘‘(5) WAIVER OR REDUCTION OF LIVING AL5 LOWANCE.—The Corporation may waive or reduce

6 the requirement of paragraph (1) with respect to

7 such national service program if such program dem8 onstrates that—

9 ‘‘(A) such requirement is inconsistent with

10 the objectives of the program; and

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

12 that will be provided to each full-time partici13 pant is sufficient to meet the necessary costs of

14 living (including food, housing, and transpor15 tation) in the area in which the program is lo16 cated.

17 ‘‘(6) EXEMPTION.—The requirement of para18 graph (1) shall not apply to any program which was

19 in existence on the date of enactment of the Na20 tional Service Trust Act of 1993.

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

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

23 subsection, the Corporation shall arrange for an

24 independent evaluation to determine the levels of liv25 ing allowances paid in all programs under this sub-
66

•HR 2010 EH

1 title, individually, by State, and by region. Such

2 evaluation shall determine the effects that such liv3 ing allowances have had on the ability of individuals

4 to participate in such programs.

5 ‘‘(b) COVERAGE OF CERTAIN EMPLOYMENT-RELAT6 ED TAXES.—To the extent a national service program that

7 receives assistance under section 121 is subject, with re8 spect to the participants in the program, to the taxes im9 posed on an employer under sections 3111 and 3301 of

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

11 3301) and taxes imposed on an employer under a work12 men’s compensation act, the assistance provided to the

13 program under section 121 shall include an amount suffi14 cient to cover 85 percent of such taxes based upon the

15 lesser of—

16 ‘‘(1) the total average annual subsistence allow17 ance provided to VISTA volunteers under section

18 105 of the Domestic Volunteer Service Act of 1973

19 (42 U.S.C. 4955); and

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

21 the program.

22 ‘‘(c) EXCEPTION FROM MAXIMUM LIVING ALLOW23 ANCE FOR CERTAIN ASSISTANCE.—A professional corps

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

25 provide or arrange for a living allowance in excess of the
67

•HR 2010 EH

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

2 still apply for such assistance, except that—

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

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

5 portion of the allowance;

6 ‘‘(2) the applicant shall apply for such assist7 ance only by submitting an application to the Cor8 poration for assistance on a competitive basis; and

9 ‘‘(3) the national service program must be oper10 ated directly by the applicant and must meet urgent,

11 unmet human, educational, environmental, or public

12 safety needs, as determined by the Corporation.

13 ‘‘(d) HEALTH INSURANCE.—

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

15 of assistance under section 121 shall provide a basic

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

17 national service program carried out or supported

18 using the assistance if the participant is not other19 wise covered by a health care policy. Not more than

20 85 percent of the cost of a premium shall be pro21 vided by the Corporation, with the remaining cost

22 paid by the entity receiving assistance under section

23 121. The Corporation shall establish minimum

24 standards that all plans must meet in order to qual25 ify for payment under this part, any circumstances
68

•HR 2010 EH

1 in which an alternative health care policy may be

2 substituted for the basic health care policy, and

3 mechanisms to prohibit participants from dropping

4 existing coverage.

5 ‘‘(2) OPTION.—A State or other recipient of as6 sistance under section 121 may elect to provide from

7 its own funds a health care policy for participants

8 that does not meet all of the standards established

9 by the Corporation if the fair market value of such

10 policy is equal to or greater than the fair market

11 value of a plan that meets the minimum standards

12 established by the Corporation.

13 ‘‘(e) CHILD CARE.—

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

15 of assistance under section 121 shall—

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

17 of each full-time participant who serves in a na18 tional service program carried out or supported

19 by the recipient using the assistance, including

20 individuals who need such child care in order to

21 participate in the program; or

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

23 full-time participant in a national service pro24 gram who needs such assistance in order to

25 participate in the program.
69

•HR 2010 EH

1 ‘‘(2) GUIDELINES.—The Corporation shall es2 tablish guidelines regarding the circumstances under

3 which child care must be made available under this

4 subsection and the value of any allowance to be pro5 vided.

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

7 or other recipient of assistance under section 121 shall

8 provide auxiliary aids and services based on the individual9 ized need of a participant who is a qualified individual

10 with a disability.

11 ‘‘(g) WAIVER OF LIMITATION ON FEDERAL

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

13 the limitation on the Federal share specified in this section

14 with respect to a particular national service program in

15 any fiscal year if the Corporation determines that such

16 a waiver would be equitable due to a lack of available fi17 nancial resources at the local level.

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

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

20 national service program carried out using assistance pro21 vided to an applicant under section 121 shall be eligible

22 for the national service educational award described in

23 subtitle D if the participant—

24 ‘‘(1) serves in an approved national service po25 sition; and
70

•HR 2010 EH

1 ‘‘(2) satisfies the eligibility requirements speci2 fied in section 146 with respect to service in that ap3 proved national service position.

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

5 VISTA volunteer who serves in an approved national serv6 ice position shall be ineligible for a national service edu7 cational award if the VISTA volunteer accepts the stipend

8 authorized under section 105(a)(1) of the Domestic Volun9 teer Service Act of 1973 (42 U.S.C. 4955(a)(1).’’.

10 (c) TABLE OF CONTENTS.—Section 1(b) of the Na11 tional and Community Service Act of 1990 (Public Law

12 101–610; 104 Stat. 3127) is amended—

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

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

15 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
71

•HR 2010 EH

‘‘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.’’;

1 and

2 (2) by inserting after the item relating to sec3 tion 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.’’.

4 (d) LIVING ALLOWANCE UNDER SUBTITLE I.—Sec5 tion 199M(a) of the National and Community Service Act

6 of 1990 (former section 133(a) of such Act as redesig7 nated in subsection (a)(3) of this section) (42 U.S.C.

8 12553(a)) is amended by striking paragraphs (1) and (2)

9 and inserting the following new paragraphs:

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

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

12 youth corps program that receives assistance under

13 this subtitle shall receive a living allowance in an

14 amount equal or greater than the average annual
72

•HR 2010 EH

1 subsistence allowance provided to VISTA volunteers

2 under section 105 of the Domestic Volunteer Service

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

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

5 amount of the annual living allowance provided

6 under paragraph (1) that may be paid using assist7 ance provided under this subtitle, section 121, and

8 any other Federal funds shall not exceed 85 percent

9 of the total average annual subsistence allowance

10 provided to VISTA volunteers under section 105 of

11 the Domestic Volunteer Service Act of 1973 (42

12 U.S.C. 4955).

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

14 amount of an annual living allowance that may be

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

16 program that receives assistance under this subtitle

17 shall not exceed 200 percent of the average annual

18 subsistence allowance provided to VISTA volunteers

19 under section 105 of the Domestic Volunteer Service

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

21 ‘‘(4) WAIVER OR REDUCTION OF LIVING AL22 LOWANCE.—The Corporation may waive or reduce

23 the requirement of paragraph (1) with respect to

24 such national service program if such program dem25 onstrates that—
73

•HR 2010 EH

1 ‘‘(A) such requirement is inconsistent with

2 the objectives of the program; and

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

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

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

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

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

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

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

15 subsection, the Corporation shall arrange for an

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

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

21 to participate in such programs.’’.

22 (e) TECHNICAL AND CONFORMING AMENDMENTS.—

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

24 National and Community Service Act of 1990 (as so

25 redesignated by subsection (a)(1) of this section) is
74

•HR 2010 EH

1 amended by striking ‘‘Commission’’ each place it ap2 pears in sections 199A, 199B, 199C, 199D, 199F,

3 199H, 199I, 199M, and 199N (as redesignated in

4 subsection (a)(3) of this section) and inserting ‘‘Cor5 poration’’.

6 (2) GENERAL AUTHORITY.—Section 199A of

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

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

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

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

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

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

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

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

15 (42 U.S.C. 12542) is amended by striking ‘‘section

16 123’’ each place it appears and inserting ‘‘section

17 199C’’.

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

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

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

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

22 199B(b)’’.

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

24 Act (as redesignated in subsection (a)(3) of this sec-
75

•HR 2010 EH

1 tion) (42 U.S.C. 12546(b)) is amended by striking

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

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

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

5 (42 U.S.C. 12549) is amended by striking ‘‘section

6 123’’ and inserting ‘‘section 199C’’.

7 SEC. 102. NATIONAL SERVICE TRUST AND PROVISION OF

8 NATIONAL SERVICE EDUCATIONAL AWARDS.

9 (a) ESTABLISHMENT OF TRUST; PROVISION OF

10 AWARDS.—Subtitle D of title I of the National and Com11 munity Service Act of 1990 (42 U.S.C. 12571 et seq.) is

12 amended to read as follows:

13 ‘‘Subtitle D—National Service

14 Trust and Provision of National

15 Service Educational Awards

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

17 TRUST.

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

19 Treasury of the United States an account to be known

20 as the National Service Trust. The Trust shall consist

21 of—

22 ‘‘(1) from the amounts appropriated to the Cor23 poration and made available to carry out this sub24 title pursuant to section 501(a)(2), such amounts as
76

•HR 2010 EH

1 the Corporation may designate to be available for

2 the payment of—

3 ‘‘(A) national service educational awards;

4 and

5 ‘‘(B) interest expenses pursuant to section

6 148(e);

7 ‘‘(2) any amounts received by the Corporation

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

9 section 196(a)(2); and

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

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

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

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

14 amounts appropriated to the Trust. Except as otherwise

15 expressly provided in instruments concerning a gift, be16 quest, devise, or other donation and agreed to by the Cor17 poration, such investments may be made only in interest18 bearing obligations of the United States or in obligations

19 guaranteed as to both principal and interest by the United

20 States. For such purpose, such obligations may be ac21 quired (1) on original issue at the issue price, or (2) by

22 purchase of outstanding obligations at the marketplace.

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

24 Secretary at the market price.
77

•HR 2010 EH

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

2 Trust shall be available for payments of national service

3 educational awards in accordance with section 148.

4 ‘‘(d) REPORTS TO CONGRESS ON RECEIPTS AND EX5 PENDITURES.—Not later than March 1 of each year, the

6 Corporation shall submit a report to the Congress on the

7 financial status of the Trust during the preceding fiscal

8 year. Such report shall—

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

10 from the most recent appropriation to the Corpora11 tion, the amount received by the Corporation as gifts

12 or bequest during the period covered by the report,

13 and any amounts obtained by the Trust pursuant to

14 subsection (a)(3);

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

16 currently performing service to qualify, or have

17 qualified, for national service educational awards;

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

19 ability to claim national service educational awards

20 during the period covered by the report—

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

22 147(b); or

23 ‘‘(B) has lapsed pursuant to section

24 146(d); and
78

•HR 2010 EH

1 ‘‘(4) estimate the number of additional ap2 proved national service positions which the Corpora3 tion will be able to make available under subtitle C

4 on the basis of any accumulated surplus in the

5 Trust above the amount required to provide national

6 service educational awards to individuals identified

7 under paragraph (2), including any amounts avail8 able as a result of the circumstances referred to in

9 paragraph (3).

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

11 SERVICE EDUCATIONAL AWARD FROM THE

12 TRUST.

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

14 receive a national service educational award from the Na15 tional Service Trust if the individual—

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

17 service described in subsection (b) in an approved

18 national service position;

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

20 the individual began serving in the approved na21 tional service position or was an out-of-school youth

22 serving in an approved national service position with

23 a youth corps program described in section

24 122(a)(2) or a program described in section

25 122(a)(9);
79

•HR 2010 EH

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

2 equivalent of such diploma, at the time the individ3 ual uses the national service educational award, un4 less this requirement has been waived based on an

5 individual education assessment conducted by the

6 program; and

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

8 States or lawful permanent resident alien of the

9 United States.

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

11 approved national service position shall not be less than

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

13 139(b).

14 ‘‘(c) LIMITATION ON NUMBER OF TERMS OF SERV15 ICE FOR AWARDS.—Although an individual may serve

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

17 in an approved national service position, the individual

18 shall receive a national service educational award from the

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

20 second of such terms of service.

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

22 ‘‘(1) SEVEN-YEAR REQUIREMENT.—An individ23 ual eligible to receive a national service educational

24 award under this section may not use such award

25 after the end of the 7-year period beginning on the
80

•HR 2010 EH

1 date the individual completes the term of service in

2 an approved national service position that is the

3 basis of the award.

4 ‘‘(2) EXCEPTION.—The Corporation may ex5 tend the period within which an individual may use

6 a national service educational award if the Corpora7 tion determines that the individual—

8 ‘‘(A) was unavoidably prevented from

9 using the national service educational award

10 during the original 7-year period; or

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

12 an approved national service position during

13 that period.

14 ‘‘(e) SUSPENSION OF ELIGIBILITY FOR DRUG-RE15 LATED OFFENSES.—

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

17 qualifying under this section as an eligible individ18 ual, has been convicted under any Federal or State

19 law of the possession or sale of a controlled sub20 stance shall not be eligible to receive a national serv21 ice educational award during the period beginning

22 on the date of such conviction and ending after the

23 interval specified in the following table:

‘‘If convicted of:

The possession of a controlled substance: Ineligibility period is:

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

2nd conviction ............................................... 2 years
81

•HR 2010 EH

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

The sale of a controlled substance:

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

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

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

2 eligibility has been suspended under paragraph (1)

3 shall resume eligibility before the end of the period

4 determined under such paragraph if the individual

5 satisfactorily completes a drug rehabilitation pro6 gram that complies with such criteria as the Cor7 poration shall prescribe for purposes of this para8 graph.

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

10 eligibility has been suspended under paragraph (1)

11 and is convicted of his or her first offense may re12 sume eligibility before the end of the period deter13 mined under such paragraph if the student dem14 onstrates that he or she has enrolled or been accept15 ed for enrollment in a drug rehabilitation program

16 that complies with such criteria as the Corporation

17 shall prescribe for purposes of this subsection.

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

19 the term ‘controlled substance’ has the meaning

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

21 Act (21 U.S.C. 802(6)).
82

•HR 2010 EH

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

2 be effective upon publication by the Corporation in

3 the Federal Register of criteria prescribed under

4 paragraph (2) of this subsection.

5 ‘‘(f) AUTHORITY TO ESTABLISH DEMONSTRATION

6 PROGRAMS.—The Corporation may establish by regulation

7 demonstration programs for the creation and evaluation

8 of innovative volunteer and community service programs.

9 ‘‘SEC. 147. DETERMINATION OF THE AMOUNT OF THE NA10 TIONAL SERVICE EDUCATIONAL AWARD.

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

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

13 who successfully completes a required term of service in

14 an approved national service position shall receive a na15 tional service educational award having a value, for each

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

17 percent of—

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

19 educational assistance allowance calculated under

20 sections 3013(d)(1) and 3015(b)(1) of title 38, Unit21 ed States Code (as in effect on July 28, 1993), for

22 a member of the Armed Forces who is entitled to

23 such an allowance under section 3011 of such title

24 and whose initial obligated period of active duty is

25 two years; less
83

•HR 2010 EH

1 ‘‘(2) one-half of the aggregate basic contribu2 tion required to be made by the member under sec3 tion 3011(b) of such title (as in effect on July 28,

4 1993).

5 ‘‘(b) AWARD FOR PARTIAL COMPLETION OF SERV6 ICE.—If an individual serving in an approved national

7 service position is released in accordance with section

8 139(c)(1)(A) from completing the term of service agreed

9 to by the individual, the Corporation may provide the indi10 vidual with that portion of the national service educational

11 award approved for the individual that corresponds to the

12 quantity of the term of service actually completed by the

13 individual.

14 ‘‘SEC. 148. DISBURSEMENT OF NATIONAL SERVICE EDU15 CATIONAL AWARDS.

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

17 available—

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

19 subsection (b);

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

21 at an institution of higher education in accordance

22 with subsection (c);

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

24 in an approved school-to-work program in accord25 ance with subsection (d); and
84

•HR 2010 EH

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

2 regulations prescribed pursuant to subsection (e).

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

5 ‘‘(1) APPLICATION BY ELIGIBLE INDIVID6 UALS.—An eligible individual under section 146 who

7 desires to apply his or her national service edu8 cational award to the repayment of qualified student

9 loans shall submit, in a manner prescribed by the

10 Corporation, an application to the Corporation

11 that—

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

13 to identify readily, the holder or holders of such

14 loans;

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

16 to determine readily, the amounts of principal

17 and interest outstanding on the loans;

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

19 greater than the amount disbursed under para20 graph (2), which of the loans the individual pre21 fers to be paid by the Corporation; and

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

23 other information as the Corporation may re24 quire.
85

•HR 2010 EH

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

2 receipt of an application from an eligible individual

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

4 the Corporation shall, as promptly as practicable

5 consistent with paragraph (5), disburse the amount

6 of the national service educational award to which

7 the eligible individual is entitled. Such disbursement

8 shall be made by check or other means that is pay9 able to the holder of the loan and requires the en10 dorsement or other certification by the eligible indi11 vidual.

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

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

14 than the principal and accrued interest on any quali15 fied student loan, such amount shall be applied ac16 cording to the specified priorities of the individual.

17 ‘‘(4) REPORTS BY HOLDERS.—Any holder re18 ceiving a loan payment pursuant to this subsection

19 shall submit to the Corporation such information as

20 the Corporation may require to verify that such pay21 ment was applied in accordance with this subsection

22 and any regulations prescribed to carry out this sub23 section.

24 ‘‘(5) NOTIFICATION OF INDIVIDUAL.—The Cor25 poration upon disbursing the national service edu-
86

•HR 2010 EH

1 cational award, shall notify the individual of the

2 amount paid for each outstanding loan and the date

3 of payment.

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

5 The Corporation may, by regulation, provide for the

6 aggregation of payments to holders under this sub7 section.

8 ‘‘(7) DEFINITION OF QUALIFIED STUDENT

9 LOANS.—As used in this subsection, the term ‘quali10 fied student loans’ means—

11 ‘‘(A) any loan made, insured, or guaran12 teed pursuant to title IV of the Higher Edu13 cation Act of 1965 (20 U.S.C. 1070 et seq.),

14 other than a loan to a parent of a student pur15 suant to section 428B of such Act (20 U.S.C.

16 1078–2); and

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

18 or VIII of the Public Health Service Act (42

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

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

21 subsection, the term ‘holder’ with respect to any eli22 gible loan means the original lender or, if the loan

23 is subsequently sold, transferred, or assigned to

24 some other person, and such other person acquires
87

•HR 2010 EH

1 a legally enforceable right to receive payments from

2 the borrower, such other person.

3 ‘‘(c) USE OF EDUCATIONAL AWARDS TO PAY CUR4 RENT EDUCATIONAL EXPENSES.—

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

6 An eligible individual under section 146 who desires

7 to apply his or her national service educational

8 award to the payment of current full-time or part9 time educational expenses shall, on a form pre10 scribed by the Corporation, submit an application to

11 the institution of higher education in which the stu12 dent will be enrolled that contains such information

13 as the Corporation may require to verify the individ14 ual’s eligibility.

15 ‘‘(2) SUBMISSION OF REQUESTS FOR PAYMENT

16 BY INSTITUTIONS.—An institution of higher edu17 cation that receives one or more applications that

18 comply with paragraph (1) shall submit to the Cor19 poration a statement, in a manner prescribed by the

20 Corporation, that—

21 ‘‘(A) identifies each eligible individual fil22 ing an application under paragraph (1) for a

23 disbursement of the individual’s national service

24 educational award under this subsection;
88

•HR 2010 EH

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

2 eligible individuals are, consistent with para3 graph (6), qualified for disbursement under this

4 subsection;

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

6 higher education has in effect a program par7 ticipation agreement under section 487 of the

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

9 1094), and (ii) the institution’s eligibility to

10 participate in any of the programs under title

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

12 been limited, suspended, or terminated; and

13 ‘‘(D) contains such provisions concerning

14 financial compliance as the Corporation may re15 quire.

16 ‘‘(3) DISBURSEMENT OF PAYMENTS.—Upon re17 ceipt of a statement from an institution of higher

18 education that complies with paragraph (2), the Cor19 poration shall, subject to paragraph (4), disburse the

20 total amount of the national service educational

21 awards for which eligible individuals who have sub22 mitted applications to that institution under para23 graph (1) are qualified. Such disbursement shall be

24 made by check or other means that is payable to the
89

•HR 2010 EH

1 institution and requires the endorsement or other

2 certification by the eligible individual.

3 ‘‘(4) MULTIPLE DISBURSEMENTS REQUIRED.—

4 The total amount required to be disbursed to an in5 stitution of higher education under paragraph (3)

6 for any period of enrollment shall be disbursed by

7 the Corporation in 2 or more installments, none of

which exceeds 1 8 ⁄2 of such total amount. The interval

9 between the first and second such installment shall

not be less than 1 10 ⁄2 of such period of enrollment, ex11 cept as necessary to permit the second installment to

12 be paid at the beginning of the second semester,

13 quarter, or similar division of such period of enroll14 ment.

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

16 by regulation, provide for the refund to the Corpora17 tion (and the crediting to the national service edu18 cational award of an eligible individual) of amounts

19 disbursed to institutions for the benefit of eligible in20 dividuals who withdraw or otherwise fail to complete

21 the period of enrollment for which the assistance

22 was provided. Such regulations shall be consistent

23 with the fair and equitable refund policies required

24 of institutions pursuant to section 484B of the

25 Higher Education Act of 1965 (20 U.S.C. 1091b).
90

•HR 2010 EH

1 Amounts refunded to the Trust pursuant to this

2 paragraph may be used by the Corporation to fund

3 additional approved national service positions under

4 subtitle C.

5 ‘‘(6) MAXIMUM AWARD.—The portion of an eli6 gible individual’s total available national service edu7 cational award that may be disbursed under this

8 subsection for any period of enrollment shall not ex9 ceed the difference between—

10 ‘‘(A) the eligible individual’s cost of attend11 ance for such period of enrollment, determined

12 in accordance with section 472 of the Higher

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

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

15 financial assistance for such period under part

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

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

18 benefits, determined in accordance with section

19 480(c) of such Act (20 U.S.C. 1087vv(c)).

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

21 IN APPROVED SCHOOL-TO-WORK PROGRAMS.—The Cor22 poration shall by regulation provide for the payment of

23 national service educational awards to permit eligible indi24 viduals to participate in school-to-work programs approved

25 by the Secretaries of Labor and Education.
91

•HR 2010 EH

1 ‘‘(e) INTEREST PAYMENTS DURING FORBEARANCE

2 ON LOAN REPAYMENT.—The Corporation shall provide by

3 regulation for the payment on behalf of an eligible individ4 ual of interest that accrues during a period for which such

5 individual has obtained forbearance in the repayment of

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

7 if the eligible individual successfully completes his or her

8 required term of service (as determined under section

9 146(b)). Such regulations shall be prescribed after con10 sultation with the Secretary of Education.

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

12 an approved national service program funded under sec13 tion 121, may offer participants the option of waiving

14 their right to receive a National Service Education Award

15 in order to receive an alternative post-service benefit fund16 ed by the program entirely with non-Federal funds.

17 ‘‘(g) DEFINITION OF INSTITUTION OF HIGHER EDU18 CATION.—Notwithstanding section 101 of this Act, for

19 purposes of this section the term ‘institution of higher

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

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

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
92

•HR 2010 EH

1 items relating to subtitle D of title I of such Act and in2 serting the following new items:

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

Educational Awards

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

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

from the Trust.

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

award.

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

3 (c) CONFORMING AMENDMENTS.—

4 (1) ELIGIBILITY FOR SUBSIDIZED STAFFORD

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

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

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

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

12 (2) FORBEARANCE IN THE COLLECTION OF

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

15 (A) in subsection (b)(1)—

16 (i) by redesignating subparagraphs

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

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

19 (ii) by inserting immediately after

20 subparagraph (V) the following new sub21 paragraph:
93

•HR 2010 EH

1 ‘‘(W)(i) provides that, upon written re2 quest, a lender shall grant a borrower forbear3 ance on such terms as are otherwise consistent

4 with the regulations of the Secretary, during

5 periods in which the borrower is serving in a

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

8 under the National Service Trust Act of 1993;

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

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

12 ‘‘(iii) provides that interest shall continue

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

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

16 and

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

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

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

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

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

24 striking ‘‘October 1, 1992’’ and inserting ‘‘Oc25 tober 1, 1989’’; and
94

•HR 2010 EH

1 (B) in subsection (c), by adding at the end

2 the following new paragraph:

3 ‘‘(5) INELIGIBILITY OF NATIONAL SERVICE

4 EDUCATIONAL AWARD RECIPIENTS.—No student

5 borrower may, for the same volunteer service, receive

6 a benefit under both this section and subtitle D of

7 title I of the National and Community Service Act

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

9 (4) ELIGIBILITY FOR PERKINS LOAN FORGIVE10 NESS.—Section 465(a) of the Higher Education Act

11 of 1965 (20 U.S.C. 1087ee(a)) is amended by add12 ing at the end the following new paragraph:

13 ‘‘(6) No borrower may, for the same volunteer

14 service, receive a benefit under both this section and

15 subtitle D of title I of the National and Community

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

17 (5) IMPACT ON GENERAL NEEDS ANALYSIS.—

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

19 amended by adding at the end the following new

20 paragraph:

21 ‘‘(3) Notwithstanding paragraph (1), any na22 tional service educational award such student will re23 ceive under subtitle D of title I of the National and

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

25 et seq.) shall not be taken into account in determin-
95

•HR 2010 EH

1 ing estimated financial assistance not received under

2 this title.’’.

3 SEC. 103. SCHOOL-BASED AND COMMUNITY-BASED SERV4 ICE-LEARNING PROGRAMS.

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

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

7 is to improve the Serve-America programs estab8 lished under part I of subtitle B of the National and

9 Community Service Act of 1990, and to enable the

10 Corporation for National Service, and the entities

11 receiving financial assistance under such part, to—

12 (A) work with teachers in elementary

13 schools and secondary schools within a commu14 nity, and with community-based agencies, to

15 create and offer service-learning opportunities

16 for all school-age youth;

17 (B) educate teachers, and faculty providing

18 teacher training and retraining, about service19 learning, and incorporate service-learning op20 portunities into classroom teaching to strength21 en academic learning;

22 (C) coordinate the work of adult volunteers

23 who work with elementary and secondary

24 schools as part of their community service ac25 tivities; and
96

•HR 2010 EH

1 (D) work with employers in the commu2 nities to ensure that projects introduce the stu3 dents to various careers and expose the stu4 dents to needed further education and training.

5 (2) PROGRAMS.—Subtitle B of title I of the Na6 tional and Community Service Act of 1990 (42

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

8 subtitle heading and all that follows through the end

9 of part I and inserting the following:

10 ‘‘Subtitle B—School-Based and

11 Community-Based Service12 Learning Programs

13 ‘‘PART I—SERVE-AMERICA PROGRAMS

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

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

16 TRIBES.

17 ‘‘(a) USE OF FUNDS.—The Corporation, in consulta18 tion with the Secretary of Education, may make grants

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

20 (a) and (b)(2) of section 112, to States (acting through

21 their State educational agency) and Indian tribes to pay

22 for the Federal share of—

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

24 States or Indian tribes (which may be accomplished

25 through grants or contracts with qualified organiza-
97

•HR 2010 EH

1 tions) to implement school-based service-learning

2 programs, including—

3 ‘‘(A) providing training for teachers, su4 pervisors, personnel from community-based

5 agencies (particularly with regard to the utiliza6 tion of participants), and trainers, to be con7 ducted by qualified individuals or organizations

8 that have experience with service-learning;

9 ‘‘(B) developing service-learning curricula

10 to be integrated into academic programs, in11 cluding the age-appropriate learning component

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

13 ‘‘(C) forming local partnerships described

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

15 service-learning programs in accordance with

16 this subpart;

17 ‘‘(D) devising appropriate methods for re18 search and evaluation of the educational value

19 of service-learning and the effect of service20 learning activities on communities; and

21 ‘‘(E) establishing effective outreach and

22 dissemination of information to ensure the

23 broadest possible involvement of community24 based agencies with demonstrated effectiveness
98

•HR 2010 EH

1 in working with school-age youth in their com2 munities;

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

4 school-based service-learning programs, which may

5 include paying for the cost of the recruitment, train6 ing, supervision, placement, salaries, and benefits of

7 service-learning coordinators, through State distribu8 tion of Federal funds made available under this sub9 part to projects operated by local partnerships

10 among—

11 ‘‘(A) local educational agencies; and

12 ‘‘(B) one or more community partners

13 that—

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

15 nonprofit organization that—

16 ‘‘(I) has a demonstrated and ex17 tensive expertise in the provision of

18 services to meet unmet human, edu19 cational, environmental, or public

20 safety needs;

21 ‘‘(II) was in existence at least 1

22 year before the date on which the or23 ganization applies to participate in the

24 partnership; and
99

•HR 2010 EH

1 ‘‘(III) will make projects avail2 able for participants, who shall be stu3 dents; and

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

5 business or private elementary or second6 ary school;

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

8 programs through State distribution of Federal

9 funds made available under this subpart to local

10 educational agencies, which planning may include

11 paying for the cost of—

12 ‘‘(A) the salaries and benefits of service13 learning coordinators; or

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

15 and placement of service-learning coordinators

16 who are participants in a program under sub17 title C or receive a national service educational

18 award under subtitle D,

19 who will identify the community partners described

20 in paragraph (2)(B) and assist in the design and im21 plementation of a program described in paragraph

22 (2); and

23 ‘‘(4) implementing, operating, or expanding

24 school-based service-learning programs involving

25 adult volunteers to utilize service-learning to improve
100

•HR 2010 EH

1 the education of students through State distribution

2 of Federal funds made available under this part to

3 local partnerships among—

4 ‘‘(A) local educational agencies; and

5 ‘‘(B) one or more—

6 ‘‘(i) public or private nonprofit organi7 zations;

8 ‘‘(ii) other educational agencies; or

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

10 that coordinate and operate projects for participants,

11 who shall be students.

12 ‘‘(b) DUTIES OF SERVICE-LEARNING COORDINA13 TOR.—A service-learning coordinator referred to in para14 graph (2) or (3) of subsection (a) shall provide services

15 to a local educational agency by—

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

17 potential of service-learning in strengthening the

18 educational achievement, leadership development,

19 and substantive learning, of students;

20 ‘‘(2) providing technical assistance and informa21 tion to, and facilitating the training of, teachers who

22 want to use service-learning in their classrooms;

23 ‘‘(3) assisting local partnerships described in

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

25 execution of service-learning projects;
101

•HR 2010 EH

1 ‘‘(4) recruiting and supervising adult volun2 teers, or individuals who are participants in a pro3 gram under subtitle C or receive a national service

4 educational award under subtitle D, to expand serv5 ice-learning opportunities; and

6 ‘‘(5) coordinating the activities of the service7 learning coordinator with the activities of the com8 mittee described in section 114(d)(1), and, where

9 appropriate, assisting the committee.

10 ‘‘(c) RELATED EXPENSES.—A partnership, local edu11 cational agency, or other qualified organization that re12 ceives financial assistance under this subpart may, in car13 rying out the activities described in subsection (a), use

14 such assistance to pay for the Federal share of reasonable

15 costs related to the supervision of participants, program

16 administration, transportation, insurance, evaluations,

17 and for other reasonable expenses related to the activities.

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

19 NONPARTICIPATING STATES.

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

21 an application under section 113, for an allotment under

22 subsection (a) or (b)(2) of section 112, that meets the re23 quirements of section 113 and such other requirements

24 as the Chairperson may determine to be appropriate, the
102

•HR 2010 EH

1 Corporation may use the allotment of that State to make

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

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

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

5 partnership described in such paragraph; or

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

7 paragraph (3) of such section, to an agency de8 scribed in such paragraph,

9 that is located in the State.

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

11 NONPROFIT ORGANIZATIONS.

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

13 grants under section 112(b)(1) to public and private non14 profit organizations that—

15 ‘‘(1) have experience with service-learning;

16 ‘‘(2) were in existence 1 year before the date on

17 which the organization submitted an application

18 under section 114(a); and

19 ‘‘(3) meet such other criteria as the Chair20 person may establish.

21 ‘‘(b) USE OF FUNDS.—Such organizations may use

22 grants made under subsection (a) to make grants to part23 nerships described in paragraph (2) or (4) of section

24 111(a) to implement, operate, or expand school-based

25 service-learning programs as described in such section and
103

•HR 2010 EH

1 provide technical assistance and training to appropriate

2 persons.

3 ‘‘SEC. 112. GRANTS AND ALLOTMENTS.

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

5 amounts appropriated to carry out this subpart for any

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

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

8 Virgin Islands of the United States, Guam, American

9 Samoa, and the Commonwealth of the Northern Mariana

10 Islands, to be allotted in accordance with their respective

11 needs. The Corporation may also make payments from

12 such amount to Palau, in accordance with its needs, until

13 such time as the Compact of Free Association with Palau

14 is ratified.

15 ‘‘(b) GRANTS AND ALLOTMENTS THROUGH

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

17 funds appropriated to carry out this subpart for any fiscal

18 year as follows:

19 ‘‘(1) GRANTS.—Except as provided in para20 graph (3), from 25 percent of such funds, the Cor21 poration may make grants, on a competitive basis,

22 to—

23 ‘‘(A) State educational agencies and Indian

24 tribes; or
104

•HR 2010 EH

1 ‘‘(B) as described in section 111B, to

2 grantmaking entities.

3 ‘‘(2) ALLOTMENTS.—

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

6 such funds, the Corporation shall allot to each

7 State an amount that bears the same ratio to

8 37.5 percent of such funds as the number of

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

10 number of school-age youth of all States.

11 ‘‘(B) ALLOCATION UNDER ELEMENTARY

12 AND SECONDARY EDUCATION ACT OF 1965.—

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

14 percent of such funds, the Corporation shall

15 allot to each State an amount that bears the

16 same ratio to 37.5 percent of such funds as the

17 allocation to the State for the previous fiscal

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

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

21 to all States.

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

24 than the allotment such State received for fiscal year

25 1993 under section 112(b) of this Act, as in effect
105

•HR 2010 EH

1 on the day before the date of enactment of this part.

2 If the amount of funds made available in a fiscal

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

4 make such allotments, the Corporation shall make

5 available sums from the 25 percent described in

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

8 ‘‘(4) DEFINITION.—Notwithstanding section

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

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

11 of Columbia, the Commonwealth of Puerto Rico, and

12 an Indian tribe.

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

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

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

16 State or Indian tribe does not submit an application for

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

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

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

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

25 Corporation may determine to be appropriate.
106

•HR 2010 EH

1 ‘‘(d) EXCEPTION.—Notwithstanding subsections (a)

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

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

4 award grants to States and Indian tribes, from the

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

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

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

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

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

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

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

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

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

15 as the Chairperson may reasonably require.

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

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

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

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

22 plan shall contain such information as the Chair23 person may reasonably require, such as—
107

•HR 2010 EH

1 ‘‘(A) a description of the goals to be at2 tained in promoting service-learning through

3 such programs;

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

6 programs within elementary schools and second7 ary schools; and

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

9 which—

10 ‘‘(i) such programs and the activities

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

13 (A);

14 ‘‘(ii) the applicant will evaluate the

15 success of the programs and the extent of

16 community involvement in the programs,

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

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

22 ranked the applications according to the

23 criteria described in section 115(b), has

24 considered the factors described in section

25 115(a), and has reviewed the applications
108

•HR 2010 EH

1 in a manner that ensured the equitable

2 treatment of all such applications;

3 ‘‘(iv) the programs will be coordinated

4 with—

5 ‘‘(I) the education reform efforts

6 of the applicant;

7 ‘‘(II) other efforts to meet the

8 National Education Goals;

9 ‘‘(III) other service activities in

10 the State or serving the Indian tribe;

11 and

12 ‘‘(IV) other education programs,

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

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

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

19 other measures, to encourage cooperative

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

23 private for-profit businesses that will carry

24 out the service-learning programs proposed

25 by the applicant, to develop and provide
109

•HR 2010 EH

1 projects, including those that involve the

2 participation of urban, suburban, and rural

3 students working together;

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

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

8 foster care who are becoming too old for

9 foster care, students of limited English

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

12 ‘‘(vii) service-learning training and

13 technical assistance will be provided

14 through the programs—

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

17 assisted education specialists in the

18 State or serving the Indian tribe, and

19 local recipients of grants under this

20 subpart, to raise the awareness of

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

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

25 State or Indian tribe or through
110

•HR 2010 EH

1 grants or contracts with such individ2 uals;

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

4 be established for the State or Indian

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

8 State or serving the Indian tribe; and

9 ‘‘(ix) the applicant will use payments

10 from sources described in section

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

13 the applicant;

14 ‘‘(2) assurances that—

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

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

19 and

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

21 nonduplication and nondisplacement require22 ments of section 177; and

23 ‘‘(3) such additional information as the Chair24 person may reasonably require.
111

•HR 2010 EH

1 ‘‘SEC. 114. LOCAL APPLICATIONS.

2 ‘‘(a) APPLICATION TO CORPORATION TO MAKE

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

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

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

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

9 entity shall prepare, submit to the Corporation, and

10 obtain approval of, an application.

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

12 submitted at such time and in such manner, and

13 shall contain such information, as the Chairperson

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

16 than 1 State.

17 ‘‘(b) DIRECT APPLICATION TO CORPORATION TO

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

20 receive a grant from the Corporation in the circumstances

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

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

24 and obtain approval of, an application. Such application

25 shall be submitted at such time and in such manner, and
112

•HR 2010 EH

1 shall contain such information, as the Chairperson may

2 reasonably require.

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

4 RECEIVE ASSISTANCE TO CARRY OUT SCHOOL-BASED

5 SERVICE-LEARNING PROGRAMS.—

6 ‘‘(1) IN GENERAL.—Any—

7 ‘‘(A) qualified organization that desires to

8 receive financial assistance under this subpart

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

11 ‘‘(B) partnership described in section

12 111(a)(2) that desires to receive such assistance

13 from a State, Indian tribe, or grantmaking en14 tity for an activity described in section

15 111(a)(2);

16 ‘‘(C) agency described in section 111(a)(3)

17 that desires to receive such assistance from a

18 State or Indian tribe for an activity described

19 in such section; or

20 ‘‘(D) partnership described in section

21 111(a)(4) that desires to receive such assistance

22 from a State or Indian tribe for an activity de23 scribed in such section,

24 to be carried out through a service-learning program

25 described in section 111, shall prepare, submit to
113

•HR 2010 EH

1 the State educational agency, Indian tribe, or

2 grantmaking entity, and obtain approval of, an ap3 plication for the program.

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

5 submitted at such time and in such manner, and

6 shall contain such information, as the agency, tribe,

7 or entity may reasonably require.

8 ‘‘(d) CONTENTS OF APPLICATION.—An application

9 that is submitted under subsection (a), (b), or (c) with

10 respect to a service-learning program described in section

11 111 shall, at a minimum, contain a proposal that in12 cludes—

13 ‘‘(1) information specifying the membership and

14 role of an established advisory committee, consisting

15 of representatives of community-based agencies in16 cluding service recipients, students, parents, teach17 ers, administrators, representatives of agencies that

18 serve school-age youth or older adults, school board

19 members, representatives of local labor organiza20 tions, and representatives of business, that will pro21 vide advice with respect to the program;

22 ‘‘(2) a description of—

23 ‘‘(A) the goals of the program which shall

24 include goals that are quantifiable and dem-
114

•HR 2010 EH

1 onstrate any benefits from the program to par2 ticipants and the community;

3 ‘‘(B) service-learning projects to be pro4 vided under the program, and evidence that

5 participants will make a sustained commitment

6 to service in the projects;

7 ‘‘(C) the manner in which participants in

8 the program were or will be involved in the de9 sign and operation of the program;

10 ‘‘(D) training for supervisors, teachers,

11 service sponsors, and participants in the pro12 gram;

13 ‘‘(E) the manner in which exemplary serv14 ice will be recognized under the program; and

15 ‘‘(F) any resources that will permit con16 tinuation of the program, if needed, after the

17 assistance received under this subpart for the

18 program has ended;

19 ‘‘(3) information that shall include—

20 ‘‘(A) a disclosure of whether or not the

21 participants will receive academic credit for par22 ticipation in the program;

23 ‘‘(B) the expected number of participants

24 in the program and the hours of service that
115

•HR 2010 EH

1 such participants will provide individually and

2 as a group;

3 ‘‘(C) the proportion of expected partici4 pants in the program who are economically dis5 advantaged, including participants with disabil6 ities; and

7 ‘‘(D) any role of adult volunteers in imple8 menting the program, and the manner in which

9 such volunteers will be recruited;

10 ‘‘(4) in the case of an application submitted by

11 a local partnership, a written agreement, between

12 the members of the local partnership, stating that

13 the program was jointly developed by the members

14 and that the program will be jointly executed by the

15 members; and

16 ‘‘(5) assurances that—

17 ‘‘(A) prior to the placement of a partici18 pant, the entity carrying out the program will

19 consult with any local labor organization rep20 resenting employees in the area who are en21 gaged in the same or similar work as that pro22 posed to be carried out by such program, to

23 prevent the displacement and protect the rights

24 of such employees;
116

•HR 2010 EH

1 ‘‘(B) the entity carrying out the program

2 will develop an age-appropriate learning compo3 nent for participants in the program that shall

4 include a chance for participants to analyze and

5 apply their service experiences; and

6 ‘‘(C) the entity carrying out the program

7 will comply with the nonduplication and

8 nondisplacement requirements of section 177

9 and grievance procedure requirements of section

10 176(f).

11 ‘‘SEC. 115. CONSIDERATION OF APPLICATIONS.

12 ‘‘(a) CRITERIA FOR APPLICATIONS.—In approving

13 applications for financial assistance under subsection (a),

14 (b), (c), or (d) of section 112, the Corporation shall con15 sider such criteria with respect to sustainability,

16 replicability, innovation, and quality of programs under

17 this subpart as the Chairperson may by regulation specify.

18 In providing assistance under this subpart, a State edu19 cational agency, Indian tribe, or grantmaking entity shall

20 consider such criteria.

21 ‘‘(b) PRIORITY FOR LOCAL APPLICATIONS.—

22 ‘‘(1) IN GENERAL.—In providing assistance

23 under this subpart, a State educational agency or

24 Indian tribe, or the Corporation if section 111A or

25 111B applies, shall give priority to entities that sub-
117

•HR 2010 EH

1 mit applications under section 114 with respect to

2 service-learning programs described in section 111

3 that—

4 ‘‘(A) involve participants in the design and

5 operation of the program;

6 ‘‘(B) are in the greatest need of assistance,

7 such as programs targeting low-income areas;

8 ‘‘(C) involve—

9 ‘‘(i) students from public elementary

10 or secondary schools, and students from

11 private elementary or secondary schools,

12 serving together; or

13 ‘‘(ii) students of different ages, races,

14 sexes, ethnic groups, disabilities, or eco15 nomic backgrounds, serving together; or

16 ‘‘(D) are integrated into the academic pro17 gram of the participants.

18 ‘‘(c) REJECTION OF APPLICATIONS.—If the Corpora19 tion rejects an application submitted by a State under sec20 tion 113 for an allotment under subsection (b)(2) of sec21 tion 112, the Corporation shall promptly notify the State

22 of the reasons for the rejection of the application. The

23 Corporation shall provide the State with a reasonable op24 portunity to revise and resubmit the application and shall

25 provide technical assistance, if needed, to the State as part
118

•HR 2010 EH

1 of the resubmission process. The Corporation shall

2 promptly reconsider such resubmitted application.

3 ‘‘SEC. 115A. PARTICIPATION OF STUDENTS AND TEACHERS

4 FROM PRIVATE SCHOOLS.

5 ‘‘(a) IN GENERAL.—To the extent consistent with the

6 number of students in the State or Indian tribe or in the

7 school district of the local educational agency involved who

8 are enrolled in private nonprofit elementary and secondary

9 schools, such State, Indian tribe, or agency shall (after

10 consultation with appropriate private school representa11 tives) make provision—

12 ‘‘(1) for the inclusion of services and arrange13 ments for the benefit of such students so as to allow

14 for the equitable participation of such students in

15 the programs implemented to carry out the objec16 tives and provide the benefits described in this sub17 part; and

18 ‘‘(2) for the training of the teachers of such

19 students so as to allow for the equitable participa20 tion of such teachers in the programs implemented

21 to carry out the objectives and provide the benefits

22 described in this subpart.

23 ‘‘(b) WAIVER.—If a State, Indian tribe, or local edu24 cational agency is prohibited by law from providing for

25 the participation of students or teachers from private non-
119

•HR 2010 EH

1 profit schools as required by subsection (a), or if the Cor2 poration determines that a State, Indian tribe, or local

3 educational agency substantially fails or is unwilling to

4 provide for such participation on an equitable basis, the

5 Chairperson shall waive such requirements and shall ar6 range for the provision of services to such students and

7 teachers. Such waivers shall be subject to consultation,

8 withholding, notice, and judicial review requirements in

9 accordance with paragraphs (3) and (4) of section 1017(b)

10 of the Elementary and Secondary Education Act of 1965

11 (20 U.S.C. 2727(b)).

12 ‘‘SEC. 116. FEDERAL, STATE, AND LOCAL CONTRIBUTIONS.

13 ‘‘(a) SHARE.—

14 ‘‘(1) IN GENERAL.—The Federal share attrib15 utable to this subpart of the cost of carrying out a

16 program for which a grant or allotment is made

17 under this subpart may not exceed—

18 ‘‘(A) 90 percent of the total cost of the

19 program for the first year for which the pro20 gram receives assistance under this subpart;

21 ‘‘(B) 80 percent of the total cost of the

22 program for the second year for which the pro23 gram receives assistance under this subpart;

24 ‘‘(C) 70 percent of the total cost of the

25 program for the third year for which the pro-
120

•HR 2010 EH

1 gram receives assistance under this subpart;

2 and

3 ‘‘(D) 50 percent of the total cost of the

4 program for the fourth year, and for any subse5 quent year, for which the program receives as6 sistance under this subpart.

7 ‘‘(2) CALCULATION.—In providing for the re8 maining share of the cost of carrying out such a pro9 gram, each recipient of assistance under this sub10 part—

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

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

13 including facilities, equipment, or services; and

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

15 State sources, local sources, or Federal sources

16 (other than funds made available under the na17 tional service laws).

18 ‘‘(b) WAIVER.—The Chairperson may waive the re19 quirements of subsection (a) in whole or in part with re20 spect to any such program in any fiscal year if the Cor21 poration determines that such a waiver would be equitable

22 due to a lack of available financial resources at the local

23 level.

24 ‘‘SEC. 116A. LIMITATIONS ON USES OF FUNDS.

25 ‘‘(a) ADMINISTRATIVE COSTS.—
121

•HR 2010 EH

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

2 the amount of assistance provided to a State edu3 cational agency, Indian tribe, or grantmaking entity

4 that is the original recipient of a grant or allotment

5 under subsection (a), (b), (c), or (d) of section 112

6 for a fiscal year may be used to pay for administra7 tive costs incurred by—

8 ‘‘(A) the original recipient; or

9 ‘‘(B) the entity carrying out the service10 learning programs supported with the assist11 ance.

12 ‘‘(2) RULES ON USE.—The Chairperson may by

13 rule prescribe the manner and extent to which—

14 ‘‘(A) such assistance may be used to cover

15 administrative costs; and

16 ‘‘(B) that portion of the assistance avail17 able to cover administrative costs should be dis18 tributed between—

19 ‘‘(i) the original recipient; and

20 ‘‘(ii) the entity carrying out the serv21 ice-learning programs supported with the

22 assistance.

23 ‘‘(b) CAPACITY-BUILDING ACTIVITIES.—Not less

24 than 10 percent and not more than 15 percent of the

25 amount of assistance provided to a State educational
122

•HR 2010 EH

1 agency or Indian tribe that is the original recipient of a

2 grant or allotment under subsection (a), (b), (c), or (d)

3 of section 112 for a fiscal year may be used to build capac4 ity through training, technical assistance, curriculum de5 velopment, and coordination activities, described in section

6 111(a)(1).

7 ‘‘(c) LOCAL USES OF FUNDS.—Funds made available

8 under this subpart may not be used to pay any stipend,

9 allowance, or other financial support to any student who

10 is a participant under this subtitle, except reimbursement

11 for transportation, meals, and other reasonable out-of12 pocket expenses directly related to participation in a pro13 gram assisted under this subpart.

14 ‘‘SEC. 116B. DEFINITIONS.

15 ‘‘As used in this subpart:

16 ‘‘(1) GRANTMAKING ENTITY.—The term

17 ‘grantmaking entity’ means an organization de18 scribed in section 111B(a).

19 ‘‘(2) SCHOOL-BASED.—The term ‘school-based’

20 means based in an elementary school or a secondary

21 school.

22 ‘‘(3) STUDENT.—Notwithstanding section

23 101(28), the term ‘student’ means an individual who

24 is enrolled in an elementary or secondary school on

25 a full- or part-time basis.
123

•HR 2010 EH

1 ‘‘Subpart B—Community-Based Service Programs for

2 School-Age Youth

3 ‘‘SEC. 117. DEFINITIONS.

4 ‘‘As used in this subpart:

5 ‘‘(1) COMMUNITY-BASED SERVICE PROGRAM.—

6 The term ‘community-based service program’ means

7 a program described in section 117A(b)(1)(A).

8 ‘‘(2) GRANTMAKING ENTITY.—The term

9 ‘grantmaking entity’ means a qualified organization

10 that—

11 ‘‘(A) submits an application under section

12 117C(a) to make grants to qualified organiza13 tions; and

14 ‘‘(B) was in existence 1 year before the

15 date on which the organization submitted the

16 application.

17 ‘‘(3) QUALIFIED ORGANIZATION.—The term

18 ‘qualified organization’ means a public or private

19 nonprofit organization with experience working with

20 school-age youth that meets such criteria as the

21 Chairperson may establish.

22 ‘‘SEC. 117A. GENERAL AUTHORITY.

23 ‘‘(a) GRANTS.—From the funds appropriated to

24 carry out this subpart for a fiscal year, the Corporation

25 may make grants to State Commissions, grantmaking en26 tities, and qualified organizations to pay for the Federal
124

•HR 2010 EH

1 share of the implementation, operation, expansion, or rep2 lication of community-based service programs.

3 ‘‘(b) USE OF FUNDS.—

4 ‘‘(1) STATE COMMISSIONS AND GRANTMAKING

5 ENTITIES.—A State Commission or grantmaking en6 tity may use a grant made under subsection (a)—

7 ‘‘(A) to make a grant to a qualified organi8 zation to implement, operate, expand, or rep9 licate a community-based service-learning pro10 gram that provides for meaningful human, edu11 cational, environmental, or public safety service

12 by participants, who shall be school-age youth;

13 or

14 ‘‘(B) to provide training and technical as15 sistance to such an organization.

16 ‘‘(2) QUALIFIED ORGANIZATIONS.—A qualified

17 organization, other than a grantmaking entity, may

18 use a grant made under subsection (a) to implement,

19 operate, expand, or replicate a program described in

20 paragraph (1)(A).

21 ‘‘SEC. 117B. STATE APPLICATIONS.

22 ‘‘(a) IN GENERAL.—To be eligible to receive a grant

23 under section 117A(a), a State Commission shall prepare,

24 submit to the Corporation, and obtain approval of, an ap25 plication.
125

•HR 2010 EH

1 ‘‘(b) SUBMISSION.—Such application shall be submit2 ted to the Corporation at such time and in such manner,

3 and shall contain such information, as the Chairperson

4 may reasonably require.

5 ‘‘(c) CONTENTS.—Such an application shall include,

6 at a minimum, a State plan that contains the descriptions,

7 proposals, and assurance described in section 117C(d)

8 with respect to each community-based service program

9 proposed to be carried out through funding distributed by

10 the State Commission under this subpart.

11 ‘‘SEC. 117C. LOCAL APPLICATIONS.

12 ‘‘(a) APPLICATION TO CORPORATION TO MAKE

13 GRANTS FOR COMMUNITY-BASED SERVICE PROGRAMS.—

14 To be eligible to receive a grant from the Corporation

15 under section 117A(a) to make grants under section

16 117A(b)(1), a grantmaking entity shall prepare, submit

17 to the Corporation, and obtain approval of, an application

18 that proposes a community-based service program to be

19 carried out through grants made to qualified organiza20 tions. Such application shall be submitted at such time

21 and in such manner, and shall contain such information,

22 as the Chairperson may reasonably require.

23 ‘‘(b) DIRECT APPLICATION TO CORPORATION TO

24 CARRY OUT COMMUNITY-BASED SERVICE PROGRAMS.—

25 To be eligible to receive a grant from the Corporation
126

•HR 2010 EH

1 under section 117A(a) to implement, operate, expand, or

2 replicate a community service program, a qualified organi3 zation shall prepare, submit to the Corporation, and ob4 tain approval of, an application that proposes a commu5 nity-based service program to be carried out at multiple

6 sites, or that proposes an innovative community-based

7 service program. Such application shall be submitted at

8 such time and in such manner, and shall contain such in9 formation, as the Chairperson may reasonably require.

10 ‘‘(c) APPLICATION TO STATE COMMISSION OR

11 GRANTMAKING ENTITY TO RECEIVE GRANTS TO CARRY

12 OUT COMMUNITY-BASED SERVICE PROGRAMS.—To be el13 igible to receive a grant from a State Commission or

14 grantmaking entity under section 117A(b)(1), a qualified

15 organization shall prepare, submit to the Commission or

16 entity, and obtain approval of, an application. Such appli17 cation shall be submitted at such time and in such man18 ner, and shall contain such information, as the Commis19 sion or entity may reasonably require.

20 ‘‘(d) REQUIREMENTS OF APPLICATION.—An applica21 tion submitted under subsection (a), (b), or (c) shall, at

22 a minimum, contain—

23 ‘‘(1) a description of any community-based

24 service program proposed to be implemented, oper-
127

•HR 2010 EH

1 ated, expanded, or replicated directly by the appli2 cant using assistance provided under this subpart;

3 ‘‘(2) a description of any grant program pro4 posed to be conducted by the applicant with assist5 ance provided under this subpart to support a com6 munity-based service program;

7 ‘‘(3) a proposal for carrying out the commu8 nity-based service program that describes the man9 ner in which the entity carrying out the program

10 will—

11 ‘‘(A) provide preservice and inservice train12 ing, for supervisors and participants, that will

13 be conducted by qualified individuals, or quali14 fied organizations, that have experience in com15 munity-based service programs;

16 ‘‘(B) include economically disadvantaged

17 individuals as participants in the program pro18 posed by the applicant;

19 ‘‘(C) provide an age-appropriate service20 learning component described in section

21 114(d)(5)(B);

22 ‘‘(D) conduct an appropriate evaluation of

23 the program;

24 ‘‘(E) provide for appropriate community

25 involvement in the program;
128

•HR 2010 EH

1 ‘‘(F) provide service experiences that pro2 mote leadership abilities among participants in

3 the program, including experiences that involve

4 such participants in program design;

5 ‘‘(G) involve participants in projects ap6 proved by community-based agencies;

7 ‘‘(H) establish and measure progress to8 ward the goals of the program; and

9 ‘‘(I) organize participants in the program

10 into teams, 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 re18 quirements of section 176(f).

19 ‘‘SEC. 117D. CONSIDERATION OF APPLICATIONS.

20 ‘‘(a) APPLICATION OF CRITERIA.—The Corporation

21 shall apply the criteria described in subsection (b) in de22 termining whether to approve an application submitted

23 under section 117B or under subsection (a) or (b) of sec24 tion 117C and to provide assistance under section 117A

25 to the applicant on the basis of the application.
129

•HR 2010 EH

1 ‘‘(b) ASSISTANCE CRITERIA.—In evaluating such an

2 application with respect to a program under this subpart,

3 the Corporation shall consider the criteria established for

4 national service programs under section 133(c).

5 ‘‘(c) APPLICATION TO SUBGRANTS.—A State Com6 mission or grantmaking entity shall apply the criteria de7 scribed in subsection (b) in determining whether to ap8 prove an application under section 117C(c) and to make

9 a grant under section 117A(b)(1) to the applicant on the

10 basis of the application.

11 ‘‘SEC. 117E. FEDERAL, STATE, AND LOCAL CONTRIBUTIONS.

12 ‘‘(a) FEDERAL SHARE.—

13 ‘‘(1) IN GENERAL.—The Federal share attrib14 utable to this subpart of the cost of carrying out a

15 program for which a grant is made under this sub16 part may not exceed the percentage specified in sub17 paragraph (A), (B), (C), or (D) of section 116(a)(1),

18 as appropriate.

19 ‘‘(2) CALCULATION.—Each recipient of assist20 ance under this subpart shall comply with section

21 116(a)(2).

22 ‘‘(b) WAIVER.—The Chairperson may waive the re23 quirements of subsection (a), in whole or in part, as pro24 vided in section 116(b).
130

•HR 2010 EH

1 ‘‘SEC. 117F. LIMITATIONS ON USES OF FUNDS.

2 ‘‘(a) ADMINISTRATIVE COSTS.—Not more than 5 per3 cent of the amount of assistance provided to a State Com4 mission, grantmaking entity, or qualified organization that

5 is the original recipient of a grant under section 117A(a)

6 for a fiscal year may be used to pay for administrative

7 costs incurred by—

8 ‘‘(1) the original recipient; or

9 ‘‘(2) the entity carrying out the community10 based service programs supported with the assist11 ance.

12 ‘‘(b) RULES ON USE.—The Chairperson may by rule

13 prescribe the manner and extent to which—

14 ‘‘(1) such assistance may be used to cover ad15 ministrative costs; and

16 ‘‘(2) that portion of the assistance available to

17 cover administrative costs should be distributed be18 tween—

19 ‘‘(A) the original recipient; and

20 ‘‘(B) the entity carrying out the commu21 nity-based service programs supported with the

22 assistance.

23 ‘‘Subpart C—Clearinghouse

24 ‘‘SEC. 118. SERVICE-LEARNING CLEARINGHOUSE.

25 ‘‘(a) IN GENERAL.—The Corporation shall provide fi26 nancial assistance, from funds appropriated to carry out
131

•HR 2010 EH

1 subtitle H, to agencies described in subsection (b) to es2 tablish a clearinghouse, which shall carry out activities,

3 either directly or by arrangement with another such entity,

4 with respect to information about service-learning.

5 ‘‘(b) PUBLIC AND PRIVATE NONPROFIT AGENCIES.—

6 Public and private nonprofit agencies that have extensive

7 experience with service-learning, including use of adult vol8 unteers to foster service-learning, shall be eligible to re9 ceive assistance under subsection (a).

10 ‘‘(c) FUNCTION OF CLEARINGHOUSE.—An entity

11 that receives assistance under subsection (a) may—

12 ‘‘(1) assist entities carrying out State or local

13 service-learning programs with needs assessments

14 and planning;

15 ‘‘(2) conduct research and evaluations concern16 ing service-learning;

17 ‘‘(3)(A) provide leadership development and

18 training to State and local service-learning program

19 administrators, supervisors, service sponsors, and

20 participants; and

21 ‘‘(B) provide training to persons who can pro22 vide the leadership development and training de23 scribed in subparagraph (A);
132

•HR 2010 EH

1 ‘‘(4) facilitate communication among entities

2 carrying out service-learning programs and partici3 pants in such programs;

4 ‘‘(5) provide information, curriculum materials,

5 and technical assistance relating to planning and op6 eration of service-learning programs, to States and

7 local entities eligible to receive financial assistance

8 under this title;

9 ‘‘(6) provide information regarding methods to

10 make service-learning programs accessible to individ11 uals with disabilities;

12 ‘‘(7)(A) gather and disseminate information on

13 successful service-learning programs, components of

14 such successful programs, innovative youth skills

15 curricula related to service-learning, and service16 learning projects; and

17 ‘‘(B) coordinate the activities of the Clearing18 house with appropriate entities to avoid duplication

19 of effort;

20 ‘‘(8) make recommendations to State and local

21 entities on quality controls to improve the quality of

22 service-learning programs;

23 ‘‘(9) assist organizations in recruiting, screen24 ing, and placing service-learning coordinators; and
133

•HR 2010 EH

1 ‘‘(10) carry out such other activities as the

2 Chairperson determines to be appropriate.’’.

3 (b) HIGHER EDUCATION INNOVATIVE PROJECTS.—

4 Subtitle B of title I of the National and Community Serv5 ice Act of 1990 (42 U.S.C. 12531 et seq.) is amended

6 by striking part II and inserting the following:

7 ‘‘PART II—HIGHER EDUCATION INNOVATIVE

8 PROGRAMS FOR COMMUNITY SERVICE

9 ‘‘SEC. 119. HIGHER EDUCATION INNOVATIVE PROGRAMS

10 FOR COMMUNITY SERVICE.

11 ‘‘(a) PURPOSE.—It is the purpose of this part to ex12 pand participation in community service by supporting in13 novative community service programs carried out through

14 institutions of higher education, acting as civic institutions

15 to meet the human, educational, environmental, or public

16 safety needs of neighboring communities.

17 ‘‘(b) GENERAL AUTHORITY.—The Corporation, in

18 consultation with the Secretary of Education, is author19 ized to make grants to, and enter into contracts with, in20 stitutions of higher education (including a combination of

21 such institutions), and partnerships comprised of such in22 stitutions and of other public agencies or nonprofit private

23 organizations, to pay for the Federal share of the cost of—
134

•HR 2010 EH

1 ‘‘(1) enabling such an institution or partnership

2 to create or expand an organized community service

3 program that—

4 ‘‘(A) engenders a sense of social respon5 sibility and commitment to the community in

6 which the institution is located; and

7 ‘‘(B) provides projects for participants,

8 who shall be students, faculty, administration,

9 or staff of the institution, or residents of the

10 community;

11 ‘‘(2) supporting student-initiated and student12 designed community service projects through the

13 program;

14 ‘‘(3) facilitating the integration of community

15 service carried out under the program into academic

16 curricula, including integration of clinical programs

17 into the curriculum for students in professional

18 schools, so that students can obtain credit for their

19 community service projects;

20 ‘‘(4) supplementing the funds available to carry

21 out work-study programs under part C of title IV of

22 the Higher Education Act of 1965 (42 U.S.C. 2751

23 et seq.) to support service-learning and community

24 service through the community service program;
135

•HR 2010 EH

1 ‘‘(5) strengthening the service infrastructure

2 within institutions of higher education in the United

3 States through the program; and

4 ‘‘(6) providing for the training of teachers, pro5 spective teachers, related education personnel, and

6 community leaders in the skills necessary to develop,

7 supervise, and organize service-learning.

8 ‘‘(c) FEDERAL SHARE.—

9 ‘‘(1) SHARE.—

10 ‘‘(A) IN GENERAL.—The Federal share of

11 the cost of carrying out a community service

12 project for which a grant or contract is awarded

13 under this part may not exceed 50 percent.

14 ‘‘(B) CALCULATION.—Each recipient of as15 sistance under this part shall comply with sec16 tion 116(a)(2).

17 ‘‘(2) WAIVER.—The Chairperson may waive the

18 requirements of paragraph (1), in whole or in part,

19 as provided in section 116(b).

20 ‘‘(d) APPLICATION FOR GRANT.—

21 ‘‘(1) SUBMISSION.—To receive a grant or enter

22 into a contract under this part, an institution or

23 partnership described in subsection (b) shall pre24 pare, submit to the Corporation, and obtain approval
136

•HR 2010 EH

1 of, an application at such time and in such manner

2 as the Chairperson may reasonably require.

3 ‘‘(2) CONTENTS.—An application submitted

4 under paragraph (1) shall contain—

5 ‘‘(A) such information as the Chairperson

6 may reasonably require, such as a description

7 of—

8 ‘‘(i) the proposed program to be es9 tablished with assistance provided under

10 the grant or contract;

11 ‘‘(ii) the human, educational, environ12 mental, or public safety service that par13 ticipants will perform and the community

14 need that will be addressed under such

15 program;

16 ‘‘(iii) whether or not students will re17 ceive academic credit for community serv18 ice projects under the program;

19 ‘‘(iv) the procedure for training super20 visors and participants and for supervising

21 and organizing participants in such pro22 gram;

23 ‘‘(v) the procedures to ensure that the

24 program includes the age-appropriate
137

•HR 2010 EH

1 learning component described in section

2 114(d)(5)(B);

3 ‘‘(vi) the roles played by students and

4 community members, including service re5 cipients, in the design and implementation

6 of the program; and

7 ‘‘(vii) the budget for the program;

8 ‘‘(B) assurances that—

9 ‘‘(i) prior to the placement of a partic10 ipant, the applicant will consult with any

11 local labor organization representing em12 ployees in the area who are engaged in the

13 same or similar work as that proposed to

14 be carried out by such program, to prevent

15 the displacement and protect the rights of

16 such employees; and

17 ‘‘(ii) the applicant will comply with

18 the nonduplication and nondisplacement

19 provisions of section 177 and grievance

20 procedure requirements of section 176(f);

21 and

22 ‘‘(C) such other assurances as the Chair23 person may reasonably require.

24 ‘‘(e) PRIORITY.—
138

•HR 2010 EH

1 ‘‘(1) IN GENERAL.—In making grants and en2 tering into contracts under subsection (b), the Cor3 poration shall give priority to applicants that submit

4 applications containing proposals that—

5 ‘‘(A) demonstrate the commitment of the

6 institution of higher education, other than by

7 demonstrating the commitment of the students,

8 to supporting the community service projects

9 carried out under the program;

10 ‘‘(B) specify the manner in which the insti11 tution will promote faculty, administration, and

12 staff participation in the community service

13 projects;

14 ‘‘(C) specify the manner in which the insti15 tution will provide service to the community

16 through organized programs, including, where

17 appropriate, clinical programs for students in

18 professional schools;

19 ‘‘(D) describe any partnership that will

20 participate in the community service projects,

21 such as a partnership comprised of—

22 ‘‘(i) the institution;

23 ‘‘(ii)(I) a community-based agency;

24 ‘‘(II) a local government agency; or
139

•HR 2010 EH

1 ‘‘(III) a nonprofit entity that serves or

2 involves school-age youth or older adults;

3 and

4 ‘‘(iii) a student organization;

5 ‘‘(E) demonstrate community involvement

6 in the development of the proposal;

7 ‘‘(F) specify that the institution will use

8 such assistance to strengthen the service infra9 structure in institutions of higher education; or

10 ‘‘(G) with respect to projects involving de11 livery of service, specify projects that involve

12 leadership development of school-age youth.

13 ‘‘(2) DETERMINATION.—In giving priority to

14 applicants under paragraph (1), the Corporation

15 shall give increased priority to such an applicant for

16 each characteristic described in subparagraphs (A)

17 through (G) of paragraph (1) that is reflected in the

18 application submitted by the applicant.

19 ‘‘(f) NATIONAL SERVICE EDUCATIONAL AWARD.—A

20 participant in a program funded under this part shall be

21 eligible for the national service educational award de22 scribed in subtitle D, if the participant served in an ap23 proved national service position.

24 ‘‘(g) DEFINITION.—Notwithstanding section

25 101(28), as used in this part, the term ‘student’ means
140

•HR 2010 EH

1 an individual who is enrolled in an institution of higher

2 education on a full- or part-time basis.

3 ‘‘PART III—GENERAL PROVISIONS

4 ‘‘SEC. 120. AVAILABILITY OF APPROPRIATIONS.

5 ‘‘Of the aggregate amount appropriated to carry out

6 this subtitle for each fiscal year—

7 ‘‘(1) a sum equal to 75 percent of such aggre8 gate amount shall be available to carry out part I,

9 of which—

10 ‘‘(A) 85 percent of such sum shall be avail11 able to carry out subpart A; and

12 ‘‘(B) 15 percent of such sum shall be avail13 able to carry out subpart B; and

14 ‘‘(2) a sum equal to 25 percent of such aggre15 gate amount shall be available to carry out part II.’’.

16 (c) TABLE OF CONTENTS.—Section 1(b) of the Na17 tional and Community Service Act of 1990 (Public Law

18 101–610; 104 Stat. 3127) is amended by striking the

19 items relating to subtitle B of title I of such Act and in20 serting the following:

‘‘Subtitle B—School-Based and Community-Based Service-Learning Programs

‘‘PART I—SERVE-AMERICA PROGRAMS

‘‘SUBPART A—SCHOOL-BASED PROGRAMS FOR STUDENTS

‘‘Sec. 111. Authority to assist States and Indian tribes.

‘‘Sec. 111A. Authority to assist local applicants in nonparticipating States.

‘‘Sec. 111B. Authority to assist public or private nonprofit organizations.

‘‘Sec. 112. Grants and allotments.

‘‘Sec. 113. State or tribal applications.

‘‘Sec. 114. Local applications.
141

•HR 2010 EH

‘‘Sec. 115. Consideration of applications.

‘‘Sec. 115A. Participation of students and teachers from private schools.

‘‘Sec. 116. Federal, State, and local contributions.

‘‘Sec. 116A. Limitations on uses of funds.

‘‘Sec. 116B. Definitions.

‘‘SUBPART B—COMMUNITY-BASED SERVICE PROGRAMS FOR SCHOOL-AGE

YOUTH

‘‘Sec. 117. Definitions.

‘‘Sec. 117A. General authority.

‘‘Sec. 117B. State applications.

‘‘Sec. 117C. Local applications.

‘‘Sec. 117D. Consideration of applications.

‘‘Sec. 117E. Federal, State, and local contributions.

‘‘Sec. 117F. Limitations on uses of funds.

‘‘SUBPART C—CLEARINGHOUSE

‘‘Sec. 118. Service-learning clearinghouse.

‘‘PART II—HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY

SERVICE

‘‘Sec. 119. Higher education innovative programs for community service.

‘‘PART III—GENERAL PROVISIONS

‘‘Sec. 120. Availability of appropriations.’’.

1 SEC. 104. QUALITY AND INNOVATION ACTIVITIES.

2 (a) REPEAL.—Subtitle E of title I of the National

3 and Community Service Act of 1990 (42 U.S.C. 12591

4 et seq.) is repealed.

5 (b) TRANSFER.—Title I of the National and Commu6 nity Service Act of 1990 (42 U.S.C. 12501 et seq.) is

7 amended—

8 (1) by redesignating subtitle H (42 U.S.C.

9 12653 et seq.) as subtitle E;

10 (2) by inserting subtitle E (as redesignated by

11 paragraph (1) of this subsection) after subtitle D;

12 and
142

•HR 2010 EH

1 (3) by redesignating sections 195 through 195O

2 as sections 151 through 166, respectively.

3 (c) INVESTMENT FOR QUALITY AND INNOVATION.—

4 Title I of the National and Community Service Act of

5 1990 is further amended by adding before subtitle I (as

6 transferred by section 101(a) of this Act) the following

7 new subtitle:

8 ‘‘Subtitle H—Investment for

9 Quality and Innovation

10 ‘‘SEC. 198. ADDITIONAL CORPORATION ACTIVITIES TO SUP11 PORT NATIONAL SERVICE.

12 ‘‘(a) METHODS OF CONDUCTING ACTIVITIES.—The

13 Corporation may carry out this section directly or through

14 grants, contracts, and cooperative agreements with other

15 entities.

16 ‘‘(b) INNOVATION AND QUALITY IMPROVEMENT.—

17 ‘‘(1) ACTIVITIES.—The Corporation may under18 take activities to improve the quality of national

19 service programs and to support innovative and

20 model programs, including—

21 ‘‘(A) programs under subtitle B or C for

22 rural youth;

23 ‘‘(B) employer-based retiree programs;

24 ‘‘(C) intergenerational programs;
143

•HR 2010 EH

1 ‘‘(D) programs involving and integrating

2 individuals with disabilities as participants pro3 viding service; and

4 ‘‘(E) programs sponsored by Governors.

5 ‘‘(2) INTERGENERATIONAL PROGRAM.—An

6 intergenerational program referred to in paragraph

7 (1)(C) may include a program in which older adults

8 provide services to children who participate in Head

9 Start programs.

10 ‘‘(c) SUMMER PROGRAMS.—The Corporation may

11 support service programs intended to be carried out be12 tween May 1 and October 1, except that such a program

13 may also include a year-round component.

14 ‘‘(d) COMMUNITY-BASED AGENCIES.—The Corpora15 tion may provide training and technical assistance and

16 other assistance to service sponsors and other community17 based agencies that provide volunteer placements in order

18 to improve the ability of such agencies to use participants

19 and other volunteers in a manner that results in high-qual20 ity service and a positive service experience for the partici21 pants and volunteers.

22 ‘‘(e) IMPROVE ABILITY TO APPLY FOR ASSIST23 ANCE.—The Corporation shall provide training and tech24 nical assistance to individuals, programs, local labor orga25 nizations, State educational agencies, State commissions,
144

•HR 2010 EH

1 local educational agencies, local governments, community2 based agencies, and other entities to enable them to apply

3 for funding under one of the national service laws, to con4 duct high-quality programs, to evaluate such programs,

5 and for other purposes.

6 ‘‘(f) NATIONAL SERVICE FELLOWSHIPS.—The Cor7 poration may award national service fellowships.

8 ‘‘(g) CONFERENCES AND MATERIALS.—The Corpora9 tion may organize and hold conferences, and prepare and

10 publish materials, to disseminate information and promote

11 the sharing of information among programs for the pur12 pose of improving the quality of programs and projects.

13 ‘‘(h) PEACE CORPS AND VISTA TRAINING.—The

14 Corporation may provide training assistance to selected in15 dividuals who volunteer to serve in the Peace Corps or a

16 program authorized under title I of the Domestic Volun17 teer Service Act of 1973 (42 U.S.C. 4951 et seq.). The

18 training shall be provided as part of the course of study

19 of the individual at an institution of higher education,

20 shall involve service-learning, and shall cover appropriate

21 skills that the individual will use in the Peace Corps or

22 VISTA.

23 ‘‘(i) PROMOTION AND RECRUITMENT.—The Corpora24 tion may conduct a campaign to solicit funds for the Na25 tional Service Trust and other programs and activities au-
145

•HR 2010 EH

1 thorized under the national service laws and to promote

2 and recruit participants for programs that receive assist3 ance under the national service laws.

4 ‘‘(j) TRAINING.—The Corporation may support na5 tional and regional participant and supervisor training, in6 cluding leadership training and training in specific types

7 of service and in building the ethic of civic responsibility.

8 ‘‘(k) RESEARCH.—The Corporation may support re9 search on national service, including service-learning.

10 ‘‘(l) INTERGENERATIONAL SUPPORT.—The Corpora11 tion may assist programs in developing a service compo12 nent that combines students, out-of-school youths, and

13 older adults as participants to provide needed community

14 services.

15 ‘‘(m) PLANNING COORDINATION.—The Corporation

16 may coordinate community-wide planning among pro17 grams and projects.

18 ‘‘(n) YOUTH LEADERSHIP.—The Corporation may

19 support activities to enhance the ability of youth and

20 young adults to play leadership roles in national service.

21 ‘‘(o) NATIONAL PROGRAM IDENTITY.—The Corpora22 tion may support the development and dissemination of

23 materials, including training materials, and arrange for

24 uniforms and insignia, designed to promote unity and
146

•HR 2010 EH

1 shared features among programs that receive assistance

2 under the national service laws.

3 ‘‘(p) SERVICE-LEARNING.—The Corporation shall

4 support innovative programs and activities that promote

5 service-learning.

6 ‘‘SEC. 198A. CLEARINGHOUSES.

7 ‘‘(a) ASSISTANCE.—The Corporation shall provide as8 sistance to appropriate entities to establish one or more

9 clearinghouses, including the clearinghouse described in

10 section 118.

11 ‘‘(b) APPLICATION.—To be eligible to receive assist12 ance under subsection (a), an entity shall submit an appli13 cation to the Corporation at such time, in such manner,

14 and containing such information as the Corporation may

15 require.

16 ‘‘(c) FUNCTION OF CLEARINGHOUSES.—An entity

17 that receives assistance under subsection (a) may—

18 ‘‘(1) assist entities carrying out State or local

19 community service programs with needs assessments

20 and planning;

21 ‘‘(2) conduct research and evaluations concern22 ing community service;

23 ‘‘(3)(A) provide leadership development and

24 training to State and local community service pro-
147

•HR 2010 EH

1 gram administrators, supervisors, and participants;

2 and

3 ‘‘(B) provide training to persons who can pro4 vide the leadership development and training de5 scribed in subparagraph (A);

6 ‘‘(4) facilitate communication among entities

7 carrying out community service programs and par8 ticipants;

9 ‘‘(5) provide information, curriculum materials,

10 technical assistance relating to planning and oper11 ation of community service programs, to States and

12 local entities eligible to receive funds under this title;

13 ‘‘(6)(A) gather and disseminate information on

14 successful community service programs, components

15 of such successful programs, innovative youth skills

16 curriculum, and community service projects; and

17 ‘‘(B) coordinate the activities of the clearing18 house with appropriate entities to avoid duplication

19 of effort;

20 ‘‘(7) make recommendations to State and local

21 entities on quality controls to improve the delivery of

22 community service programs and on changes in the

23 programs under this title; and

24 ‘‘(8) carry out such other activities as the

25 Chairperson determines to be appropriate.
148

•HR 2010 EH

1 ‘‘SEC. 198B. PRESIDENTIAL AWARDS FOR SERVICE.

2 ‘‘(a) PRESIDENTIAL AWARDS.—

3 ‘‘(1) IN GENERAL.—The President, acting

4 through the Corporation, may make Presidential

5 awards for service to individuals providing signifi6 cant service, and to outstanding service programs.

7 ‘‘(2) INDIVIDUALS AND PROGRAMS.—Notwith8 standing section 101(17)—

9 ‘‘(A) an individual receiving an award

10 under this subsection need not be a participant

11 in a program authorized under this Act; and

12 ‘‘(B) a program receiving an award under

13 this subsection need not be a program author14 ized under this Act.

15 ‘‘(3) NATURE OF AWARD.—In making an award

16 under this section to an individual or program, the

17 President, acting through the Corporation—

18 ‘‘(A) is authorized to incur necessary ex19 penses for the honorary recognition of the indi20 vidual or program; and

21 ‘‘(B) is not authorized to make a cash

22 award to such individual or program.

23 ‘‘(b) INFORMATION.—The President, acting through

24 the Corporation, shall ensure that information concerning

25 individuals and programs receiving awards under this sec26 tion is widely disseminated.
149

•HR 2010 EH

1 ‘‘SEC. 198C. ASSISTANCE FOR HEAD START.

2 ‘‘Under section 198, the Corporation may make

3 grants to, and contracts and cooperative agreements with,

4 public and nonprofit private agencies and organizations

5 that receive grants and contracts under the Foster Grand6 parent Program (part B of title II of the Domestic Volun7 teer Service Act of 1973), for projects of the type de8 scribed in section 211(a) of such Act operating under

9 memoranda of agreement with the ACTION Agency, for

10 the purpose of increasing the number of low-income indi11 viduals who provide services under such program to chil12 dren who participate in Head Start programs.’’.

13 (d) TABLE OF CONTENTS.—

14 (1) CIVILIAN COMMUNITY CORPS.—Section 1(b)

15 of the National and Community Service Act of 1990

16 (Public Law 101–610; 104 Stat. 3127) is amended

17 by striking the items relating to subtitle E of title

18 I of such Act and inserting the following:

‘‘Subtitle E—Civilian Community Corps

‘‘Sec. 151. Purpose.

‘‘Sec. 152. Establishment of Civilian Community Corps Demonstration Program.

‘‘Sec. 153. National service program.

‘‘Sec. 154. Summer national service program.

‘‘Sec. 155. Civilian Community Corps.

‘‘Sec. 156. Training.

‘‘Sec. 157. Service projects.

‘‘Sec. 158. Authorized benefits for Corps members.

‘‘Sec. 159. Administrative provisions.

‘‘Sec. 160. Status of Corps members and Corps personnel under Federal law.

‘‘Sec. 161. Contract and grant authority.

‘‘Sec. 162. Responsibilities of other departments.

‘‘Sec. 163. Advisory board.

‘‘Sec. 164. Annual evaluation.
150

•HR 2010 EH

‘‘Sec. 165. Funding limitation.

‘‘Sec. 166. Definitions.’’.

1 (2) QUALITY AND INNOVATION.—Section 1(b)

2 of the National and Community Service Act of 1990

3 (Public Law 101–610; 104 Stat. 3127) is amended

4 by striking the items relating to subtitle H of title

5 I of such Act and inserting the following:

‘‘Subtitle H—Investment for Quality and Innovation

‘‘Sec. 198. Additional corporation activities to support national service.

‘‘Sec. 198A. Clearinghouses.

‘‘Sec. 198B. Presidential awards for service.

‘‘Sec. 198C. Assistance for Head Start.’’.

6 (e) TECHNICAL AND CONFORMING AMENDMENTS.—

7 (1) NATIONAL DEFENSE AUTHORIZATION ACT

8 FOR FISCAL YEAR 1993.—

9 (A) Section 1091(f)(2) of the National De10 fense Authorization Act for Fiscal Year 1993

11 (Public Law 102–484) is amended by striking

12 ‘‘195G’’ and inserting ‘‘158’’.

13 (B) Paragraphs (1) and (2) of section

14 1092(b), and sections 1092(c), 1093(a), and

15 1094(a) of such Act are amended by striking

16 ‘‘195A’’ and inserting ‘‘152’’.

17 (C) Sections 1091(f)(2), 1092(b)(1), and

18 1094(a), and subsections (a) and (c) of section

19 1095 of such Act are amended by striking

20 ‘‘subtitle H’’ and inserting ‘‘subtitle E’’.
151

•HR 2010 EH

1 (D) Section 1094(b)(1) and subsections (b)

2 and (c)(1) of section 1095 of such Act are

3 amended by striking ‘‘subtitles B, C, D, E, F,

4 and G’’ and inserting ‘‘subtitles B, C, D, F, G,

5 and H’’.

6 (2) NATIONAL AND COMMUNITY SERVICE ACT

7 OF 1990.—

8 (A) Section 153(a) of the National and

9 Community Service Act of 1990 (as redesig10 nated in subsection (b)(3) of this section) (42

11 U.S.C. 12653b(a)) is amended by striking

12 ‘‘195A(a)’’ and inserting ‘‘152(a)’’.

13 (B) Section 154(a) of such Act (as redesig14 nated in subsection (b)(3) of this section) (42

15 U.S.C. 12653c(a)) is amended by striking

16 ‘‘195A(a)’’ and inserting ‘‘152(a)’’.

17 (C) Section 155 of such Act (as redesig18 nated in subsection (b)(3) of this section) (42

19 U.S.C. 12653d) is amended—

20 (i) in subsection (a), by striking

21 ‘‘195H(c)(1)’’ and inserting ‘‘159(c)(1)’’;

22 (ii) in subsection (c)(2), by striking

23 ‘‘195H(c)(2)’’ and inserting ‘‘159(c)(2)’’;

24 and
152

•HR 2010 EH

1 (iii) in subsection (d)(3), by striking

2 ‘‘195K(a)(3)’’ and inserting ‘‘162(a)(3)’’.

3 (D) Section 156 of such Act (as redesig4 nated in subsection (b)(3) of this section) (42

5 U.S.C. 12653e) is amended—

6 (i) in subsection (c)(1), by striking

7 ‘‘195H(c)(2)’’ and inserting ‘‘159(c)(2)’’;

8 and

9 (ii) in subsection (d), by striking

10 ‘‘195K(a)(3)’’ and inserting ‘‘162(a)(3)’’.

11 (E) Section 159 of such Act (as redesig12 nated in subsection (b)(3) of this section) (42

13 U.S.C. 12653h) is amended—

14 (i) in subsection (a)—

15 (I) by striking ‘‘195A’’ and in16 serting ‘‘152’’; and

17 (II) by striking ‘‘195’’ and in18 serting ‘‘151’’; and

19 (ii) in subsection (c)(2)(C)(i), by

20 striking ‘‘195K(a)(2)’’ and inserting

21 ‘‘162(a)(2)’’.

22 (F) Section 161(b)(1)(B) of such Act (as

23 redesignated in subsection (b)(3) of this sec24 tion) (42 U.S.C. 12653j(b)(1)(B)) is amended
153

•HR 2010 EH

1 by striking ‘‘195K(a)(3)’’ and inserting

2 ‘‘162(a)(3)’’.

3 (G) Section 162(a)(2)(A) of such Act (as

4 redesignated in subsection (b)(3) of this sec5 tion) (42 U.S.C. 12653k(a)(2)(A)) is amended

6 by striking ‘‘195(3)’’ and inserting ‘‘151(3)’’.

7 (H) Section 166 of such Act (as redesig8 nated in subsection (b)(3) of this section) (42

9 U.S.C. 12653o) is amended—

10 (i) in paragraph (2), by striking

11 ‘‘195D’’ and inserting ‘‘155’’;

12 (ii) in paragraph (8), by striking

13 ‘‘195A’’ and inserting ‘‘152’’;

14 (iii) in paragraph (10), by striking

15 ‘‘195D(d)’’ and inserting ‘‘155(d)’’; and

16 (iv) in paragraph (11), by striking

17 ‘‘195D(c)’’ and inserting ‘‘155(c)’’.

18 (f) EXTENSION OF AUTHORITY TO CONDUCT CIVIL19 IAN COMMUNITY CORPS.—Section 1092(c) of the National

20 Defense Authorization Act for Fiscal Year 1993 (Public

21 Law 102–484; 106 Stat. 2534), as amended by subsection

22 (e)(1) of this section, is further amended by adding at the

23 end the following new sentence: ‘‘The amount made avail24 able for the Civilian Community Corps Demonstration
154

•HR 2010 EH

1 Program pursuant to this subsection shall remain avail2 able for expenditure during fiscal years 1993 and 1994.’’.

3 (g) ADDITIONAL AMENDMENT REGARDING CIVILIAN

4 COMMUNITY CORPS.—Section 158 of the National and

5 Community Service Act of 1990 (as redesignated in sub6 section (b)(3) of this section) (42 U.S.C. 12653g) is

7 amended by striking subsections (f), (g), and (h) and in8 serting the following new subsections:

9 ‘‘(f) NATIONAL SERVICE EDUCATIONAL AWARDS.—

10 A Corps member who successfully completes a period of

11 agreed service in the Corps may receive the national serv12 ice educational award described in subtitle D if the Corps

13 member—

14 ‘‘(1) serves in an approved national service po15 sition; and

16 ‘‘(2) satisfies the eligibility requirements speci17 fied in section 146 with respect to service in that ap18 proved national service position.

19 ‘‘(g) ALTERNATIVE BENEFIT.—If a Corps member

20 who successfully completes a period of agreed service in

21 the Corps is ineligible for the national service educational

22 award described in subtitle D, the Director may provide

23 for the provision of a suitable alternative benefit for the

24 Corps member.’’.
155

•HR 2010 EH

1 SEC. 105. PUBLIC LANDS CORPS.

2 Public Law 91–378 (16 U.S.C. 1701–1706; com3 monly known as the Youth Conservation Corps Act of

4 1970) is amended—

5 (1) by inserting before section 1 the following:

6 ‘‘TITLE I—YOUTH

7 CONSERVATION CORPS’’;

8 (2) by striking ‘‘Act’’ each place it appears and

9 inserting ‘‘title’’;

10 (3) by redesignating sections 1 through 6 as

11 sections 101 through 106, respectively;

12 (4) in section 102 (as so redesignated), by in13 serting ‘‘in this title’’ after ‘‘hereinafter’’ in sub14 section (a);

15 (5) in section 104 (as so redesignated), by

16 striking ‘‘section 6’’ in subsection (d) and inserting

17 ‘‘section 106’’; and

18 (6) by adding at the end the following new title:

19 ‘‘TITLE II—PUBLIC LANDS

20 CORPS

21 ‘‘SEC. 201. SHORT TITLE.

22 ‘‘This title may be cited as the ‘Public Lands Corps

23 Act of 1993’.

24 ‘‘SEC. 202. CONGRESSIONAL FINDINGS AND PURPOSE.

25 ‘‘(a) FINDINGS.—The Congress finds the following:
156

•HR 2010 EH

1 ‘‘(1) Conserving or developing natural and cul2 tural resources and enhancing and maintaining envi3 ronmentally important lands and waters through the

4 use of the Nation’s young men and women in a Pub5 lic Lands Corps can benefit those men and women

6 by providing them with education and work opportu7 nities, furthering their understanding and apprecia8 tion of the natural and cultural resources, and pro9 viding a means to pay for higher education or to

10 repay indebtedness they have incurred to obtain

11 higher education while at the same time benefiting

12 the Nation’s economy and its environment.

13 ‘‘(2) Many facilities and natural resources lo14 cated on eligible service lands are in disrepair or de15 graded and in need of labor intensive rehabilitation,

16 restoration, and enhancement work which cannot be

17 carried out by Federal agencies at existing personnel

18 levels.

19 ‘‘(3) Youth conservation corps have established

20 a good record of restoring and maintaining these

21 kinds of facilities and resources in a cost effective

22 and efficient manner, especially when they have

23 worked in partnership arrangements with govern24 ment land management agencies.

25 ‘‘(b) PURPOSE.—It is the purpose of this title to—
157

•HR 2010 EH

1 ‘‘(1) perform, in a cost-effective manner, appro2 priate conservation projects on eligible service lands

3 where such projects will not be performed by exist4 ing employees;

5 ‘‘(2) assist governments and Indian tribes in

6 performing research and public education tasks asso7 ciated with natural and cultural resources on eligible

8 service lands;

9 ‘‘(3) expose young men and women to public

10 service while furthering their understanding and ap11 preciation of the nation’s natural and cultural re12 sources;

13 ‘‘(4) expand educational opportunities by re14 warding individuals who participate in national serv15 ice with an increased ability to pursue higher edu16 cation or job training; and

17 ‘‘(5) stimulate interest among the nation’s

18 young men and women in conservation careers by

19 exposing them to conservation professionals in land

20 managing agencies.

21 ‘‘SEC. 203. DEFINITIONS.

22 ‘‘For purposes of this title:

23 ‘‘(1) The term ‘appropriate conservation

24 project’ means any project for the conservation, res25 toration, construction or rehabilitation of natural,
158

•HR 2010 EH

1 cultural, historic, archaeological, recreational, or sce2 nic resources.

3 ‘‘(2) The terms ‘Corps’ and ‘Public Lands

4 Corps’ mean the Public Lands Corps established

5 under section 204.

6 ‘‘(3) The term ‘eligible service lands’ means

7 public lands, Indian lands, and Hawaiian home

8 lands.

9 ‘‘(4) The term ‘Hawaiian home lands’ means all

10 lands given the status of Hawaiian home lands

11 under section 204 of the Hawaiian Homes Commis12 sion Act, 1920 (42 Stat. 110), or under the cor13 responding provision of the Constitution of the State

14 of Hawaii adopted under section 4 of the Act enti15 tled ‘An Act to provide for the admission of the

16 State of Hawaii into the Union’, approved March

17 18, 1959 (Public Law 86–3; 73 Stat. 5).

18 ‘‘(5) The term ‘Indian tribe’ means an Indian

19 tribe, band, nation, or other organized group or com20 munity, including any Native village, Regional Cor21 poration, or Village Corporation, as defined in sub22 section (c), (g), or (j), respectively, of section 3 of

23 the Alaska Native Claims Settlement Act (43 U.S.C.

24 1602 (c), (g), or (j)), that is recognized as eligible

25 for the special programs and services provided by
159

•HR 2010 EH

1 the United States under Federal law to Indians be2 cause of their status as Indians.

3 ‘‘(6) The term ‘Indian’ means a person who is

4 a member of an Indian tribe.

5 ‘‘(7) The term ‘Indian lands’ means—

6 ‘‘(A) any Indian reservation;

7 ‘‘(B) any public domain Indian allotments;

8 ‘‘(C) any former Indian reservation in the

9 State of Oklahoma;

10 ‘‘(D) any land held by incorporated Native

11 groups, regional corporations, and village cor12 porations under the Alaska Native Claims Set13 tlement Act (43 U.S.C. 1701 et seq.); and

14 ‘‘(E) any land held by dependent Indian

15 communities within the borders of the United

16 States whether within the original or subse17 quently acquired territory thereof, and whether

18 within or without the limits of a State.

19 ‘‘(8) The term ‘public lands’ means any lands

20 or waters (or interest therein) owned or adminis21 tered by the United States, except that such term

22 does not include any Indian lands.

23 ‘‘(9) The term ‘qualified youth or conservation

24 corps’ means any program established by a State or
160

•HR 2010 EH

1 local government, by the governing body of any In2 dian tribe, or by a nonprofit organization that—

3 ‘‘(A) is capable of offering meaningful,

4 full-time, productive work for individuals be5 tween the ages of 16 and 25, inclusive, in a

6 natural or cultural resource setting;

7 ‘‘(B) gives participants a mix of work ex8 perience, basic and life skills, education, train9 ing, and support services; and

10 ‘‘(C) provides participants with the oppor11 tunity to develop citizenship values and skills

12 through service to their community and the

13 United States.

14 ‘‘(10) The term ‘resource assistant’ means a re15 source assistant selected under section 206.

16 ‘‘(11) The term ‘State’ means any State of the

17 United States, the District of Columbia, the Com18 monwealth of Puerto Rico, Guam, the Virgin Islands

19 of the United States, American Samoa, and the

20 Commonwealth of the Northern Mariana Islands.

21 ‘‘SEC. 204. PUBLIC LANDS CORPS PROGRAM.

22 ‘‘(a) ESTABLISHMENT OF PUBLIC LANDS CORPS.—

23 There is hereby established in the Department of the Inte24 rior and the Department of Agriculture a Public Lands

25 Corps.
161

•HR 2010 EH

1 ‘‘(b) PARTICIPANTS.—The Corps shall consist of indi2 viduals between the ages of 16 and 25, inclusive, who are

3 enrolled as participants in the Corps by the Secretary of

4 the Interior or the Secretary of Agriculture. To be eligible

5 for enrollment in the Corps, an individual shall satisfy the

6 criteria specified in section 137(b) of the National and

7 Community Service Act of 1990. The Secretaries may en8 roll such individuals in the Corps without regard to the

9 civil service and classification laws, rules, or regulations

10 of the United States. The Secretaries may establish a pref11 erence for the enrollment in the Corps of individuals who

12 are economically, physically, or educationally disadvan13 taged.

14 ‘‘(c) QUALIFIED YOUTH OR CONSERVATION

15 CORPS.—The Secretary of the Interior and the Secretary

16 of Agriculture are authorized to enter into contracts and

17 cooperative agreements with any qualified youth or con18 servation corps to perform appropriate conservation

19 projects referred to in subsection (d).

20 ‘‘(d) PROJECTS TO BE CARRIED OUT.—The Sec21 retary of the Interior and the Secretary of Agriculture

22 may each utilize the Corps or any qualified youth or con23 servation corps to carry out appropriate conservation

24 projects which such Secretary is authorized to carry out

25 under other authority of law on public lands. Appropriate
162

•HR 2010 EH

1 conservation projects may also be carried out under this

2 title on Indian lands with the approval of the Indian tribe

3 involved and on Hawaiian home lands with the approval

4 of the Department of Hawaiian Home Lands of the State

5 of Hawaii. The Secretaries may also authorize appropriate

6 conservation projects and other appropriate projects to be

7 carried out on Federal, State, local, or private lands as

8 part of disaster prevention or relief efforts in response to

9 an emergency or major disaster declared by the President

10 under the Robert T. Stafford Disaster Relief and Emer11 gency Assistance Act (42 U.S.C. 5121 et seq.).

12 ‘‘(e) PREFERENCE FOR CERTAIN PROJECTS.—In se13 lecting appropriate conservation projects to be carried out

14 under this title, the Secretary of the Interior and the Sec15 retary of Agriculture shall give preference to those

16 projects which—

17 ‘‘(1) will provide long-term benefits to the pub18 lic;

19 ‘‘(2) will instill in the enrollee involved a work

20 ethic and a sense of public service;

21 ‘‘(3) will be labor intensive;

22 ‘‘(4) can be planned and initiated promptly; and

23 ‘‘(5) will provide academic, experiential, or envi24 ronmental education opportunities.
163

•HR 2010 EH

1 ‘‘(f) CONSISTENCY.—Each appropriate conservation

2 project carried out under this title on eligible service lands

3 shall be consistent with the provisions of law and policies

4 relating to the management and administration of such

5 lands, with all other applicable provisions of law, and with

6 all management, operational, and other plans and docu7 ments which govern the administration of the area.

8 ‘‘SEC. 205. CONSERVATION CENTERS.

9 ‘‘(a) ESTABLISHMENT AND USE.—The Secretary of

10 the Interior and the Secretary of Agriculture are each au11 thorized to provide such quarters, board, medical care,

12 transportation, and other services, facilities, supplies, and

13 equipment as such Secretary deems necessary in connec14 tion with the Public Lands Corps and appropriate con15 servation projects carried out under this title and to estab16 lish and use conservation centers owned and operated by

17 such Secretary for purposes of the Corps and such

18 projects. The Secretaries shall establish basic standards

19 of health, nutrition, sanitation, and safety for all conserva20 tion centers established under this section and shall assure

21 that such standards are enforced. Where necessary or ap22 propriate, the Secretaries may enter into contracts and

23 other appropriate arrangements with State and local gov24 ernment agencies and private organizations for the man25 agement of such conservation centers.
164

•HR 2010 EH

1 ‘‘(b) LOGISTICAL SUPPORT.—The Secretary of the

2 Interior and the Secretary of Agriculture may make ar3 rangements with the Secretary of Defense to have

4 logistical support provided by the Armed Forces to the

5 Corps and any conservation center established under this

6 section, where feasible. Logistical support may include the

7 provision of temporary tent shelters where needed, trans8 portation, and residential supervision.

9 ‘‘(c) USE OF MILITARY INSTALLATIONS.—The Sec10 retary of the Interior and the Secretary of Agriculture

11 may make arrangements with the Secretary of Defense to

12 identify military installations and other facilities of the

13 Department of Defense and, in consultation with the adju14 tant generals of the State National Guards, National

15 Guard facilities that may be used, in whole or in part,

16 by the Corps for training or housing Corps participants.

17 ‘‘SEC. 206. RESOURCE ASSISTANTS.

18 ‘‘(a) AUTHORIZATION.—The Secretary of the Interior

19 and the Secretary of Agriculture are each authorized to

20 provide individual placements of resource assistants with

21 any Federal land managing agency under the jurisdiction

22 of such Secretary to carry out research or resource protec23 tion activities on behalf of the agency. To be eligible for

24 selection as a resource assistant, an individual must be

25 at least 17 years of age. The Secretaries may select re-
165

•HR 2010 EH

1 source assistants without regard to the civil service and

2 classification laws, rules, or regulations of the United

3 States. The Secretaries shall give a preference to the selec4 tion of individuals who are enrolled in an institution of

5 higher education or are recent graduates from an institu6 tion of higher education, with particular attention given

7 to ensure full representation of women and participants

8 from historically black, Hispanic, and Native American

9 schools.

10 ‘‘(b) USE OF EXISTING NONPROFIT ORGANIZA11 TIONS.—Whenever one or more existing nonprofit organi12 zations can provide, in the judgment of the Secretary of

13 the Interior or the Secretary of Agriculture, appropriate

14 recruitment and placement services to fulfill the require15 ments of this section, the Secretary may implement this

16 section through such existing organizations. Participating

17 nonprofit organizations shall contribute to the expenses of

18 providing and supporting the resource assistants, through

19 private sources of funding, at a level equal to 25 percent

20 of the total costs of each participant in the Resource As21 sistant program who has been recruited and placed

22 through that organization. Any such participating non23 profit conservation service organization shall be required,

24 by the respective land managing agency, to submit an an25 nual report evaluating the scope, size, and quality of the
166

•HR 2010 EH

1 program, including the value of work contributed by the

2 Resource Assistants, to the mission of the agency.

3 ‘‘SEC. 207. LIVING ALLOWANCES AND TERMS OF SERVICE.

4 ‘‘(a) LIVING ALLOWANCES.—The Secretary of the In5 terior and the Secretary of Agriculture shall provide each

6 participant in the Public Lands Corps and each resource

7 assistant with a living allowance in an amount not to ex8 ceed the maximum living allowance authorized by section

9 140(a)(3) of the National and Community Service Act of

10 1990 for participants in a national service program as11 sisted under subtitle C of title I of such Act.

12 ‘‘(b) TERMS OF SERVICE.—Each participant in the

13 Corps and each resource assistant shall agree to partici14 pate in the Corps or serve as a resource assistant, as the

15 case may be, for such term of service as may be estab16 lished by the Secretary enrolling or selecting the individ17 ual.

18 ‘‘SEC. 208. NATIONAL SERVICE EDUCATIONAL AWARDS.

19 ‘‘(a) EDUCATIONAL BENEFITS AND AWARDS.—If a

20 participant in the Public Lands Corps or a resource assist21 ant also serves in an approved national service position

22 designated under subtitle C of title I of the National and

23 Community Service Act of 1990, the participant or re24 source assistant shall be eligible for a national service edu25 cational award in the manner prescribed in subtitle D of
167

•HR 2010 EH

1 such title upon successfully complying with the require2 ments for the award. The period during which the national

3 service educational award may be used, the purposes for

4 which the award may be used, and the amount of the

5 award shall be determined as provided under such subtitle.

6 ‘‘(b) FORBEARANCE IN THE COLLECTION OF STAF7 FORD LOANS.—For purposes of section 428 of the Higher

8 Education Act of 1965, in the case of borrowers who are

9 either participants in the Corps or resource assistants,

10 upon written request, a lender shall grant a borrower for11 bearance on such terms as are otherwise consistent with

12 the regulations of the Secretary of Education, during peri13 ods in which the borrower is serving as such a participant

14 or a resource assistant.

15 ‘‘SEC. 209. NONDISPLACEMENT.

16 ‘‘The nondisplacement requirements of section 177 of

17 the National and Community Service Act of 1990 shall

18 be applicable to all activities carried out by the Public

19 Lands Corps, to all activities carried out under this title

20 by a qualified youth or conservation corps, and to the se21 lection and service of resource assistants.

22 ‘‘SEC. 210. FUNDING.

23 ‘‘(a) COST SHARING.—

24 ‘‘(1) PROJECTS BY QUALIFIED YOUTH OR CON25 SERVATION CORPS.—The Secretary of the Interior
168

•HR 2010 EH

1 and the Secretary of Agriculture are each authorized

2 to pay not more than 75 percent of the costs of any

3 appropriate conservation project carried out pursu4 ant to this title on public lands by a qualified youth

5 or conservation corps. The remaining 25 percent of

6 the costs of such a project may be provided from

7 nonfederal sources in the form of funds, services, fa8 cilities, materials, equipment, or any combination of

9 the foregoing. No cost sharing shall be required in

10 the case of any appropriate conservation project car11 ried out on Indian lands or Hawaiian home lands

12 under this title.

13 ‘‘(2) PUBLIC LANDS CORPS PROJECTS.—The

14 Secretary of the Interior and the Secretary of Agri15 culture are each authorized to accept donations of

16 funds, services, facilities, materials, or equipment for

17 the purposes of operating the Public Lands Corps

18 and carrying out appropriate conservation projects

19 by the Corps. However, nothing in this title shall be

20 construed to require any cost sharing for any project

21 carried out directly by the Corps.

22 ‘‘(b) FUNDS AVAILABLE UNDER NATIONAL AND

23 COMMUNITY SERVICE ACT.—In order to carry out the

24 Public Lands Corps or to support resource assistants and

25 qualified youth or conservation corps under this title, the
169

•HR 2010 EH

1 Secretary of the Interior and the Secretary of Agriculture

2 shall be eligible to apply for and receive assistance under

3 section 121(b) of the National and Community Service Act

4 of 1990.’’.

5 SEC. 106. URBAN YOUTH CORPS.

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

7 (1) The rehabilitation, reclamation, and beau8 tification of urban public housing, recreational sites,

9 youth and senior centers, and public roads and pub10 lic works facilities through the efforts of young peo11 ple in the United States in an Urban Youth Corps

12 can benefit these youths, while also benefiting their

13 communities, by—

14 (A) providing them with education and

15 work opportunities;

16 (B) furthering their understanding and ap17 preciation of the challenges faced by individuals

18 residing in urban communities; and

19 (C) providing them with a means to pay

20 for higher education or to repay indebtedness

21 they have incurred to obtain higher education.

22 (2) A significant number of housing units for

23 low-income individuals in urban areas has become

24 substandard and unsafe and the deterioration of

25 urban roadways, mass transit systems, and trans-
170

•HR 2010 EH

1 portation facilities in the United States have contrib2 uted to the blight encountered in many cities in the

3 United States.

4 (3) As a result, urban housing, public works,

5 and transportation resources are in need of labor in6 tensive rehabilitation, reclamation, and beautifi7 cation work that has been neglected in the past and

8 cannot be adequately carried out by Federal, State,

9 and local government at existing personnel levels.

10 (4) Urban youth corps have established a good

11 record of rehabilitating, reclaiming, and beautifying

12 these kinds of resources in a cost efficient manner,

13 especially when they have worked in partnership

14 with government housing, public works, and trans15 portation authorities and agencies.

16 (b) PURPOSE.—It is the purpose of this section—

17 (1) to perform, in a cost-effective manner, ap18 propriate service projects to rehabilitate, reclaim,

19 beautify, and improve public housing and public

20 works and transportation facilities and resources in

21 urban areas suffering from high rates of poverty

22 where work will not be performed by existing em23 ployees;

24 (2) to assist government housing, public works,

25 and transportation authorities and agencies;
171

•HR 2010 EH

1 (3) to expose young people in the United States

2 to public service while furthering their understand3 ing and appreciation of their community;

4 (4) to expand educational opportunity for indi5 viduals who participate in the Urban Youth Corps

6 established by this section by providing them with

7 an increased ability to pursue postsecondary edu8 cation or job training; and

9 (5) to stimulate interest among young people in

10 the United States in lifelong service to their commu11 nities and the United States.

12 (c) DEFINITIONS.—For purposes of this section:

13 (1) The term ‘‘appropriate service project’’

14 means any project for the rehabilitation, reclama15 tion, or beautification of urban public housing and

16 public works and transportation resources or facili17 ties.

18 (2) The term ‘‘Corps’’ and ‘‘Urban Youth

19 Corps’’ mean the Urban Youth Corps established

20 under subsection (d)(1).

21 (3) The term ‘‘qualified urban youth corps’’

22 means any program established by a State or local

23 government or by a nonprofit organization that—

24 (A) is capable of offering meaningful, full25 time, productive work for individuals between
172

•HR 2010 EH

1 the ages of 16 and 25, inclusive, in an urban

2 or public works or transportation setting;

3 (B) gives participants a mix of work expe4 rience, basic and life skills, education, training,

5 and support services; and

6 (C) provides participants with the oppor7 tunity to develop citizenship values and skills

8 through service to their communities and the

9 United States.

10 (4) The term ‘‘State’’ means any State of the

11 United States, the District of Columbia, the Com12 monwealth of Puerto Rico, Guam, the Virgin Islands

13 of the United States, American Samoa, and the

14 Commonwealth of the Northern Mariana Islands.

15 (5) The term ‘‘Secretary’’ means the Secretary

16 of Housing and Urban Development or the Secretary

17 of Transportation.

18 (d) ESTABLISHMENT OF URBAN YOUTH CORPS.—

19 (1) ESTABLISHMENT.—There is hereby estab20 lished in the Department of Housing and Urban De21 velopment and the Department of Transportation an

22 Urban Youth Corps. The Corps shall consist of indi23 viduals between the ages of 16 and 25, inclusive,

24 who are enrolled as participants in the Corps by the

25 Secretary of Housing and Urban Development and
173

•HR 2010 EH

1 the Secretary of Transportation. To be eligible for

2 enrollment in the Corps, an individual shall satisfy

3 the criteria specified in section 139(b) of the Na4 tional and Community Service Act of 1990. The Sec5 retaries may enroll such individuals in the Corps

6 without regard to the civil service and classification

7 laws, rules, or regulations of the United States. The

8 Secretaries may establish a preference for the enroll9 ment in the Corps of individuals who are economi10 cally, physically, or educationally disadvantaged.

11 (2) USE OF QUALIFIED URBAN YOUTH

12 CORPS.—The Secretaries are authorized to enter

13 into contracts and cooperative agreements with any

14 qualified urban youth corps to perform appropriate

15 service projects described in paragraph (3). As part

16 of the Urban Youth Corps established in the Depart17 ment of Transportation, the Secretary of Transpor18 tation may make grants to States (and through

19 States to local governments) for the purpose of es20 tablishing, operating, or supporting qualified urban

21 youth corps that will perform appropriate service

22 projects relating to transportation resources or fa23 cilities.

24 (3) SERVICE PROJECTS.—The Secretaries may

25 each utilize the Corps or any qualified urban youth
174

•HR 2010 EH

1 corps to carry out appropriate service projects that

2 the Secretary involved is authorized to carry out

3 under other authority of law involving public housing

4 projects or public works resources or facilities.

5 (4) PREFERENCE FOR CERTAIN PROJECTS.—In

6 selecting an appropriate service project to be carried

7 out under this section, the Secretaries shall give a

8 preference to those projects which—

9 (A) will provide long-term benefits to the

10 public;

11 (B) will instill in the participant a work

12 ethic and a sense of public service;

13 (C) will be labor intensive;

14 (D) can be planned and initiated promptly;

15 and

16 (E) will provide academic, experiential, or

17 community education opportunities.

18 (5) CONSISTENCY.—Each appropriate service

19 project carried out under this section in any public

20 housing project or public works resource or facility

21 shall be consistent with the provisions of law and

22 policies relating to the management and administra23 tion of such projects, facilities, or resources, with all

24 other applicable provisions of law, and with all man25 agement, operational, and other plans and docu-
175

•HR 2010 EH

1 ments which govern the administration of such

2 projects, facilities, or resources.

3 (e) LIVING ALLOWANCES.—The Secretaries shall

4 provide each participant in the Urban Youth Corps with

5 a living allowance in an amount not to exceed the maxi6 mum living allowance authorized by section 140(a)(3) of

7 the National and Community Service Act of 1990 for par8 ticipants in a national service program assisted under sub9 title C of title I of such Act.

10 (f) TERMS OF SERVICE.—Each participant in the

11 Urban Youth Corps shall agree to participate in the Corps

12 for a term of service established by the Secretary involved,

13 consistent with the terms of service required under section

14 139(b) of the National and Community Service Act of

15 1990 for participants in a national service program as16 sisted under subtitle C of title I of such Act.

17 (g) EDUCATIONAL AWARDS.—

18 (1) ELIGIBILITY.—Each participant in the

19 Urban Youth Corps shall be eligible for a national

20 service educational award in the manner prescribed

21 in subtitle D of title I of the National and Commu22 nity Service Act of 1990 if such participant complies

23 with such requirements as may be established under

24 this subtitle by the Secretary involved respecting eli25 gibility for the award. The period during which the
176

•HR 2010 EH

1 award may be used, the purposes for which the

2 award may be used, and the amount of the award

3 shall be determined as provided under such subtitle.

4 (2) FORBEARANCE IN THE COLLECTION OF

5 STAFFORD LOANS.—For purposes of section 428 of

6 the Higher Education Act of 1965, in the case of

7 borrowers who are participants in the Urban Youth

8 Corps, upon written request, a lender shall grant a

9 borrower forbearance on such terms as are otherwise

10 consistent with the regulations of the Secretary of

11 Education, during periods in which the borrower is

12 serving as such a participant and eligible for a na13 tional service educational award under paragraph

14 (1).

15 (h) NONDISPLACEMENT.—The nondisplacement re16 quirements of section 177 of the National and Community

17 Service Act of 1990 shall be applicable to all activities car18 ried out by the Urban Youth Corps and to all activities

19 carried out under this section by a qualified urban youth

20 corps.

21 (i) COST SHARING.—

22 (1) PROJECTS BY QUALIFIED URBAN YOUTH

23 CORPS.—The Secretaries are each authorized to pay

24 not more than 75 percent of the costs of any appro25 priate service project carried out pursuant to this
177

•HR 2010 EH

1 section by a qualified urban youth corps. The re2 maining 25 percent of the costs of such a project

3 may be provided from nonfederal sources in the form

4 of funds, services, facilities, materials, equipment, or

5 any combination of the foregoing.

6 (2) DONATIONS.—The Secretaries are each au7 thorized to accept donations of funds, services, facili8 ties, materials, or equipment for the purposes of op9 erating the Urban Youth Corps and carrying out ap10 propriate service projects by the Corps. However,

11 nothing in this section shall be construed to require

12 any cost sharing for any project carried out directly

13 by the Corps.

14 (3) FUNDS AVAILABLE UNDER NATIONAL AND

15 COMMUNITY SERVICE ACT.—In order to carry out

16 the Urban Youth Corps or to support qualified

17 urban youth corps under this section, the Secretaries

18 shall be eligible to apply for and receive assistance

19 under section 121(b) of the National and Commu20 nity Service Act of 1990.

21 Subtitle B—Related Provisions

22 SEC. 111. DEFINITIONS.

23 (a) IN GENERAL.—Section 101 of the National and

24 Community Service Act of 1990 (42 U.S.C. 12511) is

25 amended to read as follows:
178

•HR 2010 EH

1 ‘‘SEC. 101. DEFINITIONS.

2 ‘‘For purposes of this title:

3 ‘‘(1) ADULT VOLUNTEER.—The term ‘adult vol4 unteer’ means an individual, such as an older adult,

5 an individual with a disability, a parent, or an em6 ployee of a business or public or private nonprofit

7 agency, who—

8 ‘‘(A) works without financial remuneration

9 in an educational institution to assist students

10 or out-of-school youth; and

11 ‘‘(B) is beyond the age of compulsory

12 school attendance in the State in which the edu13 cational institution is located.

14 ‘‘(2) APPROVED NATIONAL SERVICE POSI15 TION.—The term ‘approved national service position’

16 means a national service position designated by the

17 Corporation as a position that includes a national

18 service educational award described in section 147

19 as one of the benefits to be provided for successful

20 service in the position.

21 ‘‘(3) CARRY OUT.—The term ‘carry out’, when

22 used in connection with a national service program

23 described in section 122, means the planning, estab24 lishment, operation, expansion, or replication of the

25 program.
179

•HR 2010 EH

1 ‘‘(4) CHAIRPERSON.—The term ‘Chairperson’

2 means the Chairperson and Director of the Corpora3 tion appointed under section 193.

4 ‘‘(5) COMMUNITY-BASED AGENCY.—The term

5 ‘community-based agency’ means a private nonprofit

6 organization (including a church or other religious

7 entity) that—

8 ‘‘(A) is representative of a community or a

9 significant segment of a community; and

10 ‘‘(B) is engaged in meeting human, edu11 cational, environmental, or public safety com12 munity needs.

13 ‘‘(6) CORPORATION.—The term ‘Corporation’

14 means the Corporation for National Service estab15 lished under section 191.

16 ‘‘(7) ECONOMICALLY DISADVANTAGED.—The

17 term ‘economically disadvantaged’ means, with re18 spect to an individual, an individual who is deter19 mined by the Chairperson to be low-income accord20 ing to the latest available data from the Department

21 of Commerce.

22 ‘‘(8) ELEMENTARY SCHOOL.—The term ‘ele23 mentary school’ has the same meaning given such

24 term in section 1471(8) of the Elementary and Sec25 ondary Education Act of 1965 (20 U.S.C. 2891(8)).
180

•HR 2010 EH

1 ‘‘(9) INDIAN.—The term ‘Indian’ means a per2 son who is a member of an Indian tribe.

3 ‘‘(10) INDIAN LANDS.—The term ‘Indian lands’

4 means—

5 ‘‘(A) any Indian reservation;

6 ‘‘(B) any public domain Indian allotments;

7 ‘‘(C) any former Indian reservation in the

8 State of Oklahoma;

9 ‘‘(D) any land held by incorporated Native

10 groups, regional corporations, and village cor11 porations under the Alaska Native Claims Set12 tlement Act (43 U.S.C. 1701 et seq.); and

13 ‘‘(E) any land held by dependent Indian

14 communities within the borders of the United

15 States whether within the original or subse16 quently acquired territory thereof, and whether

17 within or without the limits of a State.

18 ‘‘(11) INDIAN TRIBE.—The term ‘Indian tribe’

19 means an Indian tribe, band, nation, or other orga20 nized group or community, including any Native vil21 lage, Regional Corporation, or Village Corporation,

22 as defined in subsection (c), (g), or (j), respectively,

23 of section 3 of the Alaska Native Claims Settlement

24 Act (43 U.S.C. 1602 (c), (g), or (j)), that is recog25 nized as eligible for the special programs and serv-
181

•HR 2010 EH

1 ices provided by the United States under Federal

2 law to Indians because of their status as Indians.

3 ‘‘(12) INSTITUTION OF HIGHER EDUCATION.—

4 The term ‘institution of higher education’ has the

5 same meaning given such term in section 1201(a) of

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

7 1141(a)).

8 ‘‘(13) LOCAL EDUCATIONAL AGENCY.—The

9 term ‘local educational agency’ has the same mean10 ing given such term in section 1471(12) of the Ele11 mentary and Secondary Education Act of 1965 (20

12 U.S.C. 2891(12)).

13 ‘‘(14) NATIONAL SERVICE LAWS.—The term

14 ‘national service laws’ means this Act and the Do15 mestic Volunteer Service Act of 1973 (42 U.S.C.

16 4950 et seq.).

17 ‘‘(15) OUT-OF-SCHOOL YOUTH.—The term ‘out18 of-school youth’ means an individual who—

19 ‘‘(A) has not attained the age of 27;

20 ‘‘(B) has not completed college or the

21 equivalent thereof; and

22 ‘‘(C) is not enrolled in an elementary or

23 secondary school or institution of higher edu24 cation.

25 ‘‘(16) PARTICIPANT.—
182

•HR 2010 EH

1 ‘‘(A) IN GENERAL.—The term ‘participant’

2 means—

3 ‘‘(i) for purposes of subtitle C, an in4 dividual in an approved national service

5 position; and

6 ‘‘(ii) for purposes of any other provi7 sion of this Act, an individual enrolled in

8 a program that receives assistance under

9 this title.

10 ‘‘(B) RULE.—A participant shall not be

11 considered to be an employee of the program in

12 which the participant is enrolled.

13 ‘‘(17) PARTNERSHIP PROGRAM.—The term

14 ‘partnership program’ means a program through

15 which an adult volunteer, a public or private non16 profit agency, an institution of higher education, or

17 a business assists a local educational agency.

18 ‘‘(18) PROGRAM.—The term ‘program’, except

19 when used as part of the term ‘academic program’,

20 means a program described in section 111(a) (other

21 than a program referred to in paragraph (3)(B) of

22 such section), 117A(a), 119(b)(1), or 122(a), in

23 paragraph (1) or (2) of section 152(b), or in section

24 198.
183

•HR 2010 EH

1 ‘‘(19) PROJECT.—The term ‘project’ means an

2 activity, carried out through a program that receives

3 assistance under this title, that results in a specific

4 identifiable service or improvement that otherwise

5 would not be done with existing funds, and that does

6 not duplicate the routine services or functions of the

7 employer to whom participants are assigned.

8 ‘‘(20) SCHOOL-AGE YOUTH.—The term ‘school9 age youth’ means an individual who is—

10 ‘‘(A) between the ages of 5 and 17, inclu11 sive; or

12 ‘‘(B) a child with a disability covered by

13 the Individuals with Disabilities Education Act

14 (20 U.S.C. 1400 et seq.).

15 ‘‘(21) SECONDARY SCHOOL.—The term ‘second16 ary school’ has the same meaning given such term

17 in section 1471(21) of the Elementary and Second18 ary Education Act of 1965 (20 U.S.C. 2891(21)).

19 ‘‘(22) SERVICE-LEARNING.—The term ‘service20 learning’ means a method—

21 ‘‘(A) under which students or participants

22 learn and develop through active participation

23 in thoughtfully organized service that—

24 ‘‘(i) is conducted in and meets the

25 needs of a community;
184

•HR 2010 EH

1 ‘‘(ii) is coordinated with an elemen2 tary school, secondary school, institution of

3 higher education, or community service

4 program, and with the community; and

5 ‘‘(iii) helps foster civic responsibility;

6 and

7 ‘‘(B) that—

8 ‘‘(i) is integrated into and enhances

9 the academic curriculum of the students,

10 or the educational components of the com11 munity service program in which the par12 ticipants are enrolled; and

13 ‘‘(ii) provides structured time for the

14 students or participants to reflect on the

15 service experience.

16 ‘‘(23) SERVICE-LEARNING COORDINATOR.—The

17 term ‘service-learning coordinator’ means an individ18 ual who provides services as described in subsection

19 (a)(3) or (b) of section 111.

20 ‘‘(24) SERVICE SPONSOR.—The term ‘service

21 sponsor’ means an organization, or other entity, that

22 has been selected to provide a placement for a par23 ticipant.

24 ‘‘(25) STATE.—The term ‘State’ means each of

25 the several States, the District of Columbia, the
185

•HR 2010 EH

1 Commonwealth of Puerto Rico, the Virgin Islands of

2 the United States, Guam, American Samoa, and the

3 Commonwealth of the Northern Mariana Islands.

4 The term also includes Palau, until such time as the

5 Compact of Free Association is ratified.

6 ‘‘(26) STATE COMMISSION.—The term ‘State

7 Commission’ means a State Commission on National

8 Service maintained by a State pursuant to section

9 178. Except when used in section 178, the term in10 cludes an alternative administrative entity for a

11 State approved by the Corporation under such sec12 tion to act in lieu of a State Commission.

13 ‘‘(27) STATE EDUCATIONAL AGENCY.—The

14 term ‘State educational agency’ has the same mean15 ing given such term in section 1471(23) of the Ele16 mentary and Secondary Education Act of 1965 (20

17 U.S.C. 2891(23)).

18 ‘‘(28) STUDENT.—The term ‘student’ means an

19 individual who is enrolled in an elementary or sec20 ondary school or institution of higher education on

21 a full- or part-time basis.’’.

22 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

23 (1) Section 182(a)(2) of the National and Com24 munity Service Act of 1990 (42 U.S.C 12642(a)(2))

25 is amended by striking ‘‘adult volunteer and partner-
186

•HR 2010 EH

1 ship’’ each place the term appears and inserting

2 ‘‘partnership’’.

3 (2) Section 182(a)(3) of the National and Com4 munity Service Act of 1990 (42 U.S.C 12642(a)(3))

5 is amended by striking ‘‘adult volunteer and partner6 ship’’ and inserting ‘‘partnership’’.

7 (3) Section 441(c)(2) of the Higher Education

8 Act of 1965 (42 U.S.C. 2751(c)(2)) is amended by

9 striking ‘‘service opportunities or youth corps as de10 fined in section 101 of the National and Community

11 Service Act of 1990, and service in the agencies, in12 stitutions and activities designated in section 124(a)

13 of the National and Community Service Act of

14 1990’’ and inserting ‘‘a project, as defined in section

15 101(19) of the National and Community Service Act

16 of 1990 (42 U.S.C. 12511(18))’’.

17 (4) Section 1122(a)(2)(C) of the Higher Edu18 cation Act of 1965 (20 U.S.C. 1137a(a)(2)(C)) is

19 amended by striking ‘‘youth corps as defined in sec20 tion 101(30) of the National and Community Service

21 Act of 1990’’ and inserting ‘‘youth corps programs,

22 as described in section 122(a)(1) of the National

23 and Community Service Act of 1990’’.

24 (5) Section 1201(p) of the Higher Education

25 Act of 1965 (20 U.S.C. 1141(p)) is amended by
187

•HR 2010 EH

1 striking ‘‘section 101(22) of the National and Com2 munity Service Act of 1990’’ and inserting ‘‘section

3 101(22) of the National and Community Service Act

4 of 1990 (42 U.S.C. 12511(21))’’.

5 SEC. 112. AUTHORITY TO MAKE STATE GRANTS.

6 Section 102 of the National and Community Service

7 Act of 1990 (42 U.S.C. 12512) is repealed.

8 SEC. 113. FAMILY AND MEDICAL LEAVE.

9 (a) IN GENERAL.—Section 171 of the National and

10 Community Service Act of 1990 (42 U.S.C. 12631) is

11 amended to read as follows:

12 ‘‘SEC. 171. FAMILY AND MEDICAL LEAVE.

13 ‘‘(a) PARTICIPANTS IN PRIVATE, STATE, AND LOCAL

14 PROJECTS.—For purposes of title I of the Family and

15 Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), if—

16 ‘‘(1) a participant has provided service for the

17 period required by section 101(2)(A)(i) (29 U.S.C.

18 2611(2)(A)(i)), and has met the hours of service re19 quirement of section 101(2)(A)(ii), of such Act with

20 respect to a project; and

21 ‘‘(2) the service sponsor of the project is an em22 ployer described in section 101(4) of such Act (other

23 than an employing agency within the meaning of

24 subchapter V of chapter 63 of title 5, United States

25 Code),
188

•HR 2010 EH

1 the participant shall be considered to be an eligible em2 ployee of the service sponsor.

3 ‘‘(b) PARTICIPANTS IN FEDERAL PROJECTS.—For

4 purposes of subchapter V of chapter 63 of title 5, United

5 States Code, if—

6 ‘‘(1) a participant has provided service for the

7 period required by section 6381(1)(B) of such title

8 with respect to a project; and

9 ‘‘(2) the service sponsor of the project is an em10 ploying agency within the meaning of such sub11 chapter,

12 the participant shall be considered to be an employee of

13 the service sponsor.

14 ‘‘(c) TREATMENT OF ABSENCE.—The period of any

15 absence of a participant from a service position pursuant

16 to title I of the Family and Medical Leave Act of 1993

17 or subchapter V of chapter 63 of title 5, United States

18 Code, shall not be counted toward the completion of the

19 term of service of the participant under section 139 of this

20 Act.’’.

21 (b) TABLE OF CONTENTS.—Section 1(b) of the Na22 tional and Community Service Act of 1990 (Public Law

23 101–610; 104 Stat. 3127) is amended by striking the item

24 relating to section 171 of such Act and inserting the fol25 lowing:

‘‘Sec. 171. Family and medical leave.’’.
189

•HR 2010 EH

1 SEC. 114. REPORTS.

2 Section 172 of the National and Community Service

3 Act of 1990 (42 U.S.C. 12632) is amended—

4 (1) in subsection (a)(3)(A), by striking ‘‘sec5 tions 177 and 113(9)’’ and inserting ‘‘section 177’’;

6 and

7 (2) in subsection (b)(1), by striking ‘‘this title’’

8 and inserting ‘‘the national service laws’’.

9 SEC. 115. NONDISCRIMINATION.

10 Section 175 of the National and Community Service

11 Act of 1990 (42 U.S.C. 12635) is amended to read as

12 follows:

13 ‘‘SEC. 175. NONDISCRIMINATION.

14 ‘‘(a) IN GENERAL.—

15 ‘‘(1) BASIS.—An individual with responsibility

16 for the operation of a project that receives assistance

17 under this title shall not discriminate against a par18 ticipant in, or member of the staff of, such project

19 on the basis of race, color, national origin, sex, age,

20 or political affiliation of such participant or member,

21 or on the basis of disability, if the participant or

22 member is a qualified individual with a disability.

23 ‘‘(2) DEFINITION.—As used in paragraph (1),

24 the term ‘qualified individual with a disability’ has

25 the meaning given the term in section 101(8) of the
190

•HR 2010 EH

1 Americans with Disabilities Act of 1990 (42 U.S.C.

2 12111(8)).

3 ‘‘(b) FEDERAL FINANCIAL ASSISTANCE.—Any assist4 ance provided under this title shall constitute Federal fi5 nancial assistance for purposes of title VI of the Civil

6 Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX

7 of the Education Amendments of 1972 (20 U.S.C. 1681

8 et seq.), section 504 of the Rehabilitation Act of 1973 (29

9 U.S.C. 794), and the Age Discrimination Act of 1975 (42

10 U.S.C. 6101 et seq.), and shall constitute assistance to

11 an education program or activity for purposes of title IX

12 of the Education Amendments of 1972 (20 U.S.C. 1681

13 et seq.).

14 ‘‘(c) RELIGIOUS DISCRIMINATION.—

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2), an individual with responsibility for the

17 operation of a project that receives assistance under

18 this title shall not discriminate on the basis of reli19 gion against a participant in such project or a mem20 ber of the staff of such project who is paid with

21 funds received under this title.

22 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

23 apply to the employment, with assistance provided

24 under this title, of any member of the staff, of a

25 project that receives assistance under this title, who
191

•HR 2010 EH

1 was employed with the organization operating the

2 project on the date the grant under this title was

3 awarded.

4 ‘‘(d) RULES AND REGULATIONS.—The Chairperson

5 shall promulgate rules and regulations to provide for the

6 enforcement of this section that shall include provisions

7 for summary suspension of assistance for not more than

8 30 days, on an emergency basis, until notice and an oppor9 tunity to be heard can be provided.’’.

10 SEC. 116. NOTICE, HEARING, AND GRIEVANCE PROCE11 DURES.

12 (a) DECERTIFICATION OF POSITIONS.—Section

13 176(a) of the National and Community Service Act of

14 1990 (42 U.S.C. 12636(a)) is amended—

15 (1) in paragraph (1), by inserting ‘‘, or revoke

16 the designation of positions, related to the grant or

17 contract, as approved national service positions,’’ be18 fore ‘‘whenever the Commission’’; and

19 (2) in paragraph (2)(B), by inserting ‘‘or re20 voked’’ after ‘‘terminated’’.

21 (b) CONSTRUCTION.—Section 176(e) of such Act (42

22 U.S.C. 12636(e)) is amended by adding before the period

23 the following ‘‘, other than assistance provided pursuant

24 to this Act’’.
192

•HR 2010 EH

1 (c) GRIEVANCE PROCEDURE.—Section 176(f) of such

2 Act is amended to read as follows:

3 ‘‘(f) GRIEVANCE PROCEDURE.—

4 ‘‘(1) IN GENERAL.—A State or local applicant

5 that receives assistance under this title shall estab6 lish and maintain a procedure for the filing and ad7 judication of grievances from participants, labor or8 ganizations, and other interested individuals con9 cerning projects that receive assistance under this

10 title, including grievances regarding proposed place11 ments of such participants in such projects.

12 ‘‘(2) DEADLINE FOR GRIEVANCES.—Except for

13 a grievance that alleges fraud or criminal activity, a

14 grievance shall be made not later than 1 year after

15 the date of the alleged occurrence of the event that

16 is the subject of the grievance.

17 ‘‘(3) DEADLINE FOR HEARING AND DECI18 SION.—

19 ‘‘(A) HEARING.—A hearing on any griev20 ance conducted under this subsection shall be

21 conducted not later than 30 days after the fil22 ing of such grievance.

23 ‘‘(B) DECISION.—A decision on any such

24 grievance shall be made not later than 60 days

25 after the filing of such grievance.
193

•HR 2010 EH

1 ‘‘(4) ARBITRATION.—

2 ‘‘(A) IN GENERAL.—

3 ‘‘(i) JOINTLY SELECTED ARBITRA4 TOR.—In the event of a decision on a

5 grievance that is adverse to the party who

6 filed such grievance, or 60 days after the

7 filing of such grievance if no decision has

8 been reached, such party shall be per9 mitted to submit such grievance to binding

10 arbitration before a qualified arbitrator

11 who is jointly selected and independent of

12 the interested parties.

13 ‘‘(ii) APPOINTED ARBITRATOR.—If

14 the parties cannot agree on an arbitrator,

15 the Chairperson shall appoint an arbitrator

16 from a list of qualified arbitrators within

17 15 days after receiving a request for such

18 appointment from one of the parties to the

19 grievance.

20 ‘‘(B) DEADLINE FOR PROCEEDING.—An

21 arbitration proceeding shall be held not later

22 than 45 days after the request for such arbitra23 tion proceeding, or, if the arbitrator is ap24 pointed by the Chairperson in accordance with
194

•HR 2010 EH

1 subparagraph (A)(ii), not later than 30 days

2 after the appointment of such arbitrator.

3 ‘‘(C) DEADLINE FOR DECISION.—A deci4 sion concerning a grievance shall be made not

5 later than 30 days after the date such arbitra6 tion proceeding begins.

7 ‘‘(D) COST.—

8 ‘‘(i) IN GENERAL.—Except as pro9 vided in clause (ii), the cost of an arbitra10 tion proceeding shall be divided evenly be11 tween the parties to the arbitration.

12 ‘‘(ii) EXCEPTION.—If a participant,

13 labor organization, or other interested indi14 vidual described in paragraph (1) prevails

15 under a binding arbitration proceeding, the

16 State, local agency, public or private non17 profit organization, or partnership of such

18 agencies and organizations, that is a party

19 to such grievance shall pay the total cost

20 of such proceeding and the attorneys’ fees

21 of such participant, labor organization, or

22 individual, as the case may be.

23 ‘‘(5) PROPOSED PLACEMENT.—If a grievance is

24 filed regarding a proposed placement of a partici25 pant in a project that receives assistance under this
195

•HR 2010 EH

1 title, such placement shall not be made unless the

2 placement is consistent with the resolution of the

3 grievance pursuant to this subsection.

4 ‘‘(6) REMEDIES.—Remedies for a grievance

5 filed under this subsection include—

6 ‘‘(A) suspension of payments for assistance

7 under this title;

8 ‘‘(B) termination of such payments;

9 ‘‘(C) prohibition of the placement described

10 in paragraph (5); and

11 ‘‘(D) in a case in which the grievance in12 volves a violation of subsection (a) or (b) of sec13 tion 177 and the employer of the displaced em14 ployee is the recipient of assistance under this

15 title—

16 ‘‘(i) reinstatement of the displaced

17 employee to the position held by such em18 ployee prior to displacement;

19 ‘‘(ii) payment of lost wages and bene20 fits of the displaced employee;

21 ‘‘(iii) reestablishment of other relevant

22 terms, conditions, and privileges of employ23 ment of the displaced employee; and

24 ‘‘(iv) such equitable relief as is nec25 essary to correct any violation of sub-
196

•HR 2010 EH

1 section (a) or (b) of section 177 or to

2 make the displaced employee whole.

3 ‘‘(7) ENFORCEMENT.—Suits to enforce arbitra4 tion awards under this section may be brought in

5 any district court of the United States having juris6 diction of the parties, without regard to the amount

7 in controversy and without regard to the citizenship

8 of the parties.’’.

9 SEC. 117. NONDISPLACEMENT.

10 Section 177(b)(3) of the National and Community

11 Service Act of 1990 (42 U.S.C. 12637(b)(3)) is amend12 ed—

13 (1) in subparagraph (B), to read as follows:

14 ‘‘(B) SUPPLANTATION OF HIRING.—A par15 ticipant in any program receiving assistance

16 under this title shall not perform any services

17 or duties, or engage in activities, that—

18 ‘‘(i) will supplant the hiring of em19 ployed workers; or

20 ‘‘(ii) are services, duties, or activities

21 with respect to which an individual has re22 call rights pursuant to a collective bargain23 ing agreement or applicable personnel pro24 cedures.’’; and

25 (2) in subparagraph (C)(iii), to read as follows:
197

•HR 2010 EH

1 ‘‘(iii) employee who—

2 ‘‘(I) is subject to a reduction in

3 force; or

4 ‘‘(II) has recall rights pursuant

5 to a collective bargaining agreement

6 or applicable personnel procedures;’’.

7 SEC. 118. EVALUATION.

8 Section 179 of the National and Community Service

9 Act of 1990 (42 U.S.C 12639) is amended—

10 (1) in subsection (a)—

11 (A) in the matter preceding paragraph (1),

12 by striking ‘‘this title’’ and inserting ‘‘the na13 tional service laws’’; and

14 (B) in paragraph (2)—

15 (i) in the matter preceding

16 subpargraph (A), by striking ‘‘for purposes

17 of the reports required by subsection (j),’’

18 and inserting ‘‘with respect to the pro19 grams authorized under subtitle C’’; and

20 (ii) in subparagraph (A), by striking

21 ‘‘older American volunteer programs’’ and

22 inserting ‘‘National Senior Volunteer

23 Corps programs’’;

24 (2) in subsection (g)—
198

•HR 2010 EH

1 (A) in the matter preceding paragraph (1),

2 by striking ‘‘subtitle D’’ and inserting ‘‘subtitle

3 C’’; and

4 (B) in paragraphs (3) and (9), by striking

5 ‘‘older American volunteer programs’’ and in6 serting ‘‘National Senior Volunteer Corps pro7 grams’’; and

8 (3) by striking subsections (i) and (j).

9 SEC. 119. ENGAGEMENT OF PARTICIPANTS.

10 Section 180 of the National and Community Service

11 Act of 1990 (42 U.S.C. 12640) is amended by striking

12 ‘‘post-service benefits’’ and inserting ‘‘national service

13 educational awards’’.

14 SEC. 120. CONTINGENT EXTENSION.

15 (a) IN GENERAL.—Section 181 of the National and

16 Community Service Act of 1990 (42 U.S.C. 12641) is

17 amended to read as follows:

18 ‘‘SEC. 181. CONTINGENT EXTENSION.

19 ‘‘Section 414 of the General Education Provisions

20 Act (20 U.S.C. 1226a) shall apply to this Act.’’.

21 (b) TABLE OF CONTENTS.—Section 1(b) of the Na22 tional and Community Service Act of 1990 (Public Law

23 101–610; 104 Stat. 3127) is amended by striking the item

24 relating to sections 181 of such Act and inserting the fol25 lowing:

‘‘Sec. 181. Contingent extension.’’.
199

•HR 2010 EH

1 SEC. 121. REPEALS.

2 (a) IN GENERAL.—Subtitle F of title I of the Na3 tional and Community Service Act of 1990 (42 U.S.C.

4 12631 et seq.) is amended—

5 (1) by repealing sections 183, 185, and 186;

6 and

7 (2) by redesignating section 184 as section 183.

8 (b) TABLE OF CONTENTS.—Section 1(b) of the Na9 tional and Community Service Act of 1990 (Public Law

10 101–610; 104 Stat. 3127) is amended by striking the

11 items relating to sections 183, 184, and 185 of such Act

12 and inserting the following:

‘‘Sec. 183. Drug-free workplace requirements.’’.

13 TITLE II—ORGANIZATION

14 SEC. 201. STATE COMMISSIONS ON NATIONAL SERVICE.

15 (a) COMPOSITION AND DUTIES OF STATE COMMIS16 SIONS.—Subtitle F of title I of the National and Commu17 nity Service Act of 1990 is amended by striking section

18 178 (42 U.S.C. 12638) and inserting the following new

19 section:

20 ‘‘SEC. 178. STATE COMMISSIONS ON NATIONAL SERVICE.

21 ‘‘(a) EXISTENCE REQUIRED.—

22 ‘‘(1) STATE COMMISSION.—Except as provided

23 in paragraph (2), to be eligible to receive a grant or

24 allotment under subtitle B or C or to receive a dis25 tribution of approved national service positions
200

•HR 2010 EH

1 under subtitle C, a State shall maintain a State

2 Commission on National Service that satisfies the

3 requirements of this section.

4 ‘‘(2) ALTERNATIVE ADMINISTRATIVE ENTITY.—

5 The chief executive officer of a State may apply to

6 the Corporation for approval to use an alternative

7 administrative entity to carry out the duties other8 wise entrusted to a State Commission under this

9 Act. The chief executive officer shall ensure that any

10 alternative administrative entity used in lieu of a

11 State Commission still provides for the individuals

12 described in paragraphs (1) and (2) of subsection (c)

13 to play a significant policy-making role in carrying

14 out the duties otherwise entrusted to a State Com15 mission, including the submission of applications on

16 behalf of the State under sections 117B and 130.

17 ‘‘(b) APPOINTMENT AND SIZE.—Except as provided

18 in subsection (c)(3), the members of a State Commission

19 for a State shall be appointed by the chief executive officer

20 of the State. A State Commission shall consist of not less

21 than 15 voting members.

22 ‘‘(c) COMPOSITION AND MEMBERSHIP.—

23 ‘‘(1) REQUIRED MEMBERS.—The State Com24 mission for a State shall include as voting members

25 at least one of each of the following individuals:
201

•HR 2010 EH

1 ‘‘(A) An individual with expertise in the

2 educational, training, and development needs of

3 youth, particularly disadvantaged youth.

4 ‘‘(B) An individual with experience in pro5 moting the involvement of older Americans in

6 service and voluntarism.

7 ‘‘(C) A representative of community action

8 agencies and community-based organizations

9 within the State, particularly those agencies

10 and organizations that—

11 ‘‘(i) are located in areas of the State

12 with high rates of poverty;

13 ‘‘(ii) provide a comprehensive range of

14 services to economically disadvantaged in15 dividuals and families;

16 ‘‘(iii) have a demonstrated record of

17 effectiveness; and

18 ‘‘(iv) are governed by a board com19 posed in significant part of economically

20 disadvantaged individuals.

21 ‘‘(D) A youth who is or has been a partici22 pant in a service program.

23 ‘‘(E) An individual with expertise in the

24 delivery of human, educational, environmental,
202

•HR 2010 EH

1 or public safety services to communities and

2 persons.

3 ‘‘(F) The head of the State educational

4 agency.

5 ‘‘(G) A representative of local governments

6 in the State.

7 ‘‘(H) A representative of local labor orga8 nizations in the State.

9 ‘‘(I) Representatives of business.

10 ‘‘(2) ADDITIONAL MEMBERS.—The State Com11 mission for a State may also include as voting mem12 bers the following individuals:

13 ‘‘(A) Representatives of entities which re14 ceive assistance under the Domestic Volunteer

15 Service Act of 1973 (42 U.S.C. 4950 et seq.).

16 ‘‘(B) Educators.

17 ‘‘(C) Individuals who are recognized for

18 their outstanding contributions as volunteers in

19 service to their community, State, and Nation.

20 ‘‘(3) CORPORATION REPRESENTATIVE.—The

21 representative of the Corporation designated under

22 section 195(b) for a State shall be a voting member

23 of the State Commission for that State.

24 ‘‘(4) EX OFFICIO STATE REPRESENTATIVES.—

25 The chief executive officer of a State may appoint as
203

•HR 2010 EH

1 nonvoting ex officio members of the State Commis2 sion for the State representatives selected from

3 among officers and employees of State agencies op4 erating community service, youth service, education,

5 social service, senior service, and job training pro6 grams.

7 ‘‘(5) LIMITATION ON NUMBER OF STATE EM8 PLOYEES AS MEMBERS.—The number of voting

9 members of a State Commission selected under

10 paragraph (1) or (2) who are officers or employees

11 of the State may not exceed 25 percent (reduced to

12 the nearest whole number) of the total membership

13 of the State Commission.

14 ‘‘(d) MISCELLANEOUS MATTERS.—

15 ‘‘(1) MEMBERSHIP BALANCE.—The chief execu16 tive officer of a State shall ensure that the member17 ship of the State Commission for the State is bal18 anced according to race, ethnic background, age,

19 and gender. Not more than 50 percent of the voting

20 members of a State Commission, plus 1 additional

21 member, may be from the same political party.

22 ‘‘(2) TERMS.—Each member of the State Com23 mission for a State shall serve for a term of 3 years,

24 except that the chief executive officer of a State
204

•HR 2010 EH

1 shall initially appoint a portion of the members to

2 terms of 1 year and 2 years.

3 ‘‘(3) VACANCIES.—As vacancies occur on a

4 State Commission, new members shall be appointed

5 by the chief executive of the State and serve for the

6 remainder of the term for which the predecessor of

7 such member was appointed. The vacancy shall not

8 affect the power of the remaining members to exe9 cute the duties of the State Commission.

10 ‘‘(4) COMPENSATION.—A member of a State

11 Commission shall not receive any additional com12 pensation by reason of service on the State Commis13 sion, except that the State may authorize the reim14 bursement of travel expenses, including a per diem

15 in lieu of subsistence, in the same manner as other

16 employees serving intermittently in the service of the

17 State.

18 ‘‘(5) CHAIRPERSON.—The voting members of a

19 State Commission shall elect one of the voting mem20 bers to serve as chairperson of the State Commis21 sion.

22 ‘‘(6) LIMITATION ON MEMBER PARTICIPA23 TION.—

24 ‘‘(A) GENERAL LIMITATION.—Except as

25 provided in subparagraph (B), a voting member
205

•HR 2010 EH

1 of the State Commission (or of an alternative

2 administrative entity) shall not participate in

3 the administration of the grant program (in4 cluding any discussion or decision regarding the

5 provision of assistance or approved national

6 service positions, or the continuation, suspen7 sion, or termination of such assistance or such

8 positions, to any program or entity) described

9 in subsection (e)(9) in any period during which

10 there is pending before the Commission (or

11 such entity) a grant applicant submitted by a

12 program or entity of which such member is, or

13 in the 1-year period before the submission of

14 such application was, an officer, director, trust15 ee, full-time volunteer, or employee.

16 ‘‘(B) EXCEPTION.—If, as a result of the

17 operation of subparagraph (A), the number of

18 voting members of the Commission (or of such

19 entity) is insufficient to establish a quorum for

20 the purpose of administering such program,

21 then voting members excluded from participa22 tion by subparagraph (A) may participate in

23 the administration of such program, notwith24 standing the limitation in subparagraph (A), to
206

•HR 2010 EH

1 the extent permitted by regulations issued

2 under section 192A(h)(10) by the Corporation.

3 ‘‘(C) RULE OF CONSTRUCTION.—Subpara4 graph (A) shall not be construed to limit the

5 authority of any voting member of the Commis6 sion (or of such entity) to participate in—

7 ‘‘(i) discussion of, and hearing and fo8 rums on—

9 ‘‘(I) the general duties, policies,

10 and operations of the Commission (or

11 of such entity); or

12 ‘‘(II) the general administration

13 of such program; or

14 ‘‘(ii) similar general matters relating

15 to the Commission (or such entity).

16 ‘‘(e) DUTIES OF A STATE COMMISSION.—The State

17 Commission for a State shall be responsible for the follow18 ing duties:

19 ‘‘(1) Preparation of a national service plan for

20 the State that—

21 ‘‘(A) is developed through an open and

22 public process (such as through regional fo23 rums, hearings, and other means) that provides

24 for maximum participation and input from ex25 isting national service programs within the
207

•HR 2010 EH

1 State and other interested members of the pub2 lic;

3 ‘‘(B) covers a 3-year period;

4 ‘‘(C) is updated annually; and

5 ‘‘(D) contains such information as the

6 State Commission considers to be appropriate

7 or as the Corporation may require.

8 ‘‘(2) Preparation of the applications of the

9 State under sections 117B and 130 for financial as10 sistance.

11 ‘‘(3) Assistance in the preparation of the appli12 cation of the State educational agency for assistance

13 under section 113.

14 ‘‘(4) Preparation of the application of the State

15 under section 130 for the approval of service posi16 tions that include the national service educational

17 award described in subtitle D.

18 ‘‘(5) Make recommendations to the Corporation

19 with respect to priorities for programs receiving as20 sistance under the Domestic Volunteer Service Act

21 of 1973.

22 ‘‘(6) Make technical assistance available to en23 able applicants under section 121—

24 ‘‘(A) to plan and implement service pro25 grams; and
208

•HR 2010 EH

1 ‘‘(B) to apply for assistance under the na2 tional service laws using, if appropriate, infor3 mation and materials available through a clear4 inghouse established under section 198A.

5 ‘‘(7) Assistance in the provision of health care

6 and child care benefits under section 140 to partici7 pants in national service programs that receive as8 sistance under section 121.

9 ‘‘(8) Development of a State system for the re10 cruitment and placement of participants in national

11 service programs that receive assistance under the

12 national service laws and dissemination of informa13 tion concerning national service programs that re14 ceive assistance and approved national service posi15 tions.

16 ‘‘(9) Administration of the grant program in

17 support of national service programs that is con18 ducted by the State using assistance provided to the

19 State under section 121, including selection, over20 sight, and evaluation of grant recipients.

21 ‘‘(10) Development of projects, training meth22 ods, curriculum materials, and other materials and

23 activities related to national service programs that

24 receive assistance from the State using assistance

25 provided under section 121.
209

•HR 2010 EH

1 ‘‘(f) ACTIVITY INELIGIBLE FOR ASSISTANCE.—A

2 State Commission may not directly carry out any national

3 service program that receives assistance under section

4 121.

5 ‘‘(g) DELEGATION.—Subject to such requirements as

6 the Corporation may prescribe, a State Commission may

7 delegate nonpolicymaking duties to a State agency or pub8 lic or private nonprofit organization.

9 ‘‘(h) APPROVAL OF STATE COMMISSION OR ALTER10 NATIVE.—

11 ‘‘(1) SUBMISSION TO CORPORATION.—The chief

12 executive officer for a State shall notify the Corpora13 tion of the establishment or designation of the State

14 Commission for the State. The notification shall in15 clude a description of—

16 ‘‘(A) the composition and membership of

17 the State Commission; and

18 ‘‘(B) the authority of the State Commis19 sion regarding national service activities carried

20 out by the State.

21 ‘‘(2) APPROVAL OF ALTERNATIVE ADMINISTRA22 TIVE ENTITY.—Any use of an alternative adminis23 trative entity to carry out the duties of a State Com24 mission shall be subject to the approval of the Cor25 poration.
210

•HR 2010 EH

1 ‘‘(3) REJECTION.—The Corporation may reject

2 a State Commission if the Corporation determines

3 that the composition, membership, or duties of the

4 State Commission do not comply with the require5 ments of this section. The Corporation shall reject a

6 request to use an alternative administrative entity in

7 lieu of a State Commission if the Corporation deter8 mines that use of the alternative administrative en9 tity does not allow the individuals described in para10 graphs (1) and (2) of subsection (c) to play a sig11 nificant policy-making role in carrying out the duties

12 otherwise entrusted to a State Commission. If the

13 Corporation rejects a State Commission or alter14 native administrative entity under this paragraph,

15 the Corporation shall promptly notify the State of

16 the reasons for the rejection.

17 ‘‘(4) RESUBMISSION AND RECONSIDERATION.—

18 The Corporation shall provide a State notified under

19 paragraph (3) with a reasonable opportunity to re20 vise the rejected State Commission or alternative ad21 ministrative entity. At the request of the State, the

22 Corporation shall provide technical assistance to the

23 State as part of the revision process. The Corpora24 tion shall promptly reconsider any resubmission of a

25 notification under paragraph (1) or application to
211

•HR 2010 EH

1 use an alternative administrative entity under para2 graph (2).

3 ‘‘(5) SUBSEQUENT CHANGES.—This subsection

4 shall also apply to any change in the composition or

5 duties of a State Commission or an alternative ad6 ministrative entity made after approval of the State

7 Commission or the alternative administrative en8 tity.’’.

9 (b) TABLE OF CONTENTS.—Section 1(b) of the Na10 tional and Community Service Act of 1990 (Public Law

11 101–610; 104 Stat. 3127) is amended by striking the item

12 relating to section 178 and inserting the following new

13 item:

‘‘Sec. 178. State Commissions on National Service.’’.

14 (c) EFFECTIVE DATE.—The amendments made by

15 this section shall take effect on the date of the enactment

16 of this Act.

17 (d) TRANSITIONAL PROVISIONS.—

18 (1) USE OF ALTERNATIVES TO STATE COMMIS19 SION.—If a State does not have a State Commission

20 on National Service that satisfies the requirements

21 specified in section 178 of the National and Commu22 nity Services Act of 1990, as amended by subsection

23 (a), the Corporation for National Service may au24 thorize the chief executive of the State to use an ex25 isting agency of the State to perform the duties oth-
212

•HR 2010 EH

1 erwise reserved to a State Commission under sub2 section (e) of such section.

3 (2) APPLICATION OF SUBSECTION.—This sub4 section shall apply only during the 18-month period

5 beginning on the date of the enactment of this Act.

6 SEC. 202. INTERIM AUTHORITIES OF THE CORPORATION

7 FOR NATIONAL SERVICE AND ACTION AGEN8 CY.

9 (a) NATIONAL AND COMMUNITY SERVICE ACT OF

10 1990.—Subtitle G of title I of the National and Commu11 nity Service Act of 1990 (42 U.S.C. 12651) is amended

12 to read as follows:

13 ‘‘Subtitle G—Corporation for

14 National Service

15 ‘‘SEC. 191. CORPORATION FOR NATIONAL SERVICE.

16 ‘‘There is established a Corporation for National

17 Service that shall administer the programs established

18 under this Act. The Corporation shall be a Government

19 corporation, as defined in section 103 of title 5, United

20 States Code.

21 ‘‘SEC. 192. BOARD OF DIRECTORS.

22 ‘‘(a) COMPOSITION.—

23 ‘‘(1) IN GENERAL.—There shall be in the Cor24 poration a Board of Directors (referred to in this

25 subtitle as the ‘Board’) that shall be composed of—
213

•HR 2010 EH

1 ‘‘(A) not less than 15 members, including

2 the Chairperson appointed under section 193,

3 to be appointed by the President, by and with

4 the advice and consent of the Senate; and

5 ‘‘(B) the ex officio members described in

6 paragraph (4).

7 ‘‘(2) QUALIFICATIONS.—To the maximum ex8 tent practicable, the President shall appoint mem9 bers—

10 ‘‘(A) who have extensive experience in vol11 unteer and service programs, including pro12 grams funded under one of the national service

13 laws, and in State government;

14 ‘‘(B) who represent a broad range of view15 points;

16 ‘‘(C) who are experts in the delivery of

17 human, educational, environmental, or public

18 safety services;

19 ‘‘(D) so that the Board shall be diverse ac20 cording to race, ethnicity, age, and gender; and

21 ‘‘(E) so that no more than 50 percent of

22 the appointed members of the Board, plus 1 ad23 ditional appointed member, are from a single

24 political party.
214

•HR 2010 EH

1 ‘‘(3) EX OFFICIO MEMBERS.—The Secretary of

2 Education, the Secretary of Health and Human

3 Services, the Secretary of Labor, the Secretary of

4 the Interior, the Secretary of Agriculture, the Sec5 retary of Housing and Urban Development, the Sec6 retary of Defense, the Attorney General, the Direc7 tor of the Peace Corps, and the Administrator of the

8 Environmental Protection Agency shall serve as ex

9 officio nonvoting members of the Board.

10 ‘‘(b) TERMS.—Each appointed member of the Board

11 shall serve for a term of 5 years, except that, as designated

12 by the President—

13 ‘‘(1) 3 of the members first appointed to the

14 Board shall serve for a term of 1 year;

15 ‘‘(2) 3 of the members first appointed to the

16 Board shall serve for a term of 2 years;

17 ‘‘(3) 3 of the members first appointed to the

18 Board shall serve for a term of 3 years;

19 ‘‘(4) 3 of the members first appointed to the

20 Board shall serve for a term of 4 years; and

21 ‘‘(5) the remainder of the members first ap22 pointed to the Board shall serve for a term of 5

23 years.

24 ‘‘(c) VACANCIES.—As vacancies occur on the Board,

25 new members shall be appointed by the President, by and
215

•HR 2010 EH

1 with the advice and consent of the Senate, and serve for

2 the remainder of the term for which the predecessor of

3 such member was appointed. The vacancy shall not affect

4 the power of the remaining members to execute the duties

5 of the Board.

6 ‘‘SEC. 192A. AUTHORITIES AND DUTIES OF THE BOARD OF

7 DIRECTORS.

8 ‘‘(a) MEETINGS.—The Board shall meet not less than

9 3 times each year. The Board shall hold additional meet10 ings at the call of the Chairperson or if a majority of the

11 members of the Board request such meetings in writing.

12 In addition, the Board (or designated members of the

13 Board) shall conduct periodic public hearings throughout

14 the United States to examine and review operation of the

15 national service laws.

16 ‘‘(b) QUORUM.—A majority of the appointed mem17 bers of the Board shall constitute a quorum.

18 ‘‘(c) OFFICERS.—

19 ‘‘(1) VICE CHAIRPERSON.—The Board shall

20 elect a Vice Chairperson from among its member21 ship. The Vice Chairperson may conduct meetings of

22 the Board in the absence of the Chairperson.

23 ‘‘(2) OTHER OFFICERS.—The Board may elect

24 from among its membership such additional officers
216

•HR 2010 EH

1 of the Board as the Board determines to be appro2 priate.

3 ‘‘(d) INSPECTOR GENERAL OVERSIGHT COMMIT4 TEE.—The Board shall establish an Inspector General

5 oversight committee (referred to in this subtitle as the

6 ‘oversight committee’). Such committee shall be comprised

7 of the Vice Chairperson and two members selected by the

8 Vice Chairperson. The Chairperson shall not serve on the

9 oversight committee.

10 ‘‘(e) EXPENSES.—While away from their homes or

11 regular places of business on the business of the Board,

12 members of such Board shall be allowed travel expenses,

13 including per diem in lieu of subsistence, at rates author14 ized for employees of agencies under subchapter I of chap15 ter 57 of title 5, United States Code, for persons employed

16 intermittently in the Government service.

17 ‘‘(f) SPECIAL GOVERNMENT EMPLOYEES.—For pur18 poses of the provisions of chapter 11 of part I of title 18,

19 United States Code, and any other provision of Federal

20 law, a member of the Board (to whom such provisions

21 would not otherwise apply except for this subsection) shall

22 be a special Government employee.

23 ‘‘(g) STATUS OF MEMBERS.—

24 ‘‘(1) OTHER CLAIMS.—A member of the Board

25 has no personal liability under Federal law with re-
217

•HR 2010 EH

1 spect to any claim arising out of or resulting from

2 any act or omission by such person, within the scope

3 of the service of the member on the Board, in con4 nection with any transaction involving the provision

5 of financial assistance by the Corporation. This

6 paragraph shall not be construed to limit personal li7 ability for criminal acts or omissions, willful or mali8 cious misconduct, acts or omissions for private gain,

9 or any other act or omission outside the scope of the

10 service of such member on the Board.

11 ‘‘(2) EFFECT ON OTHER LAW.—This subsection

12 shall not be construed—

13 ‘‘(A) to affect any other immunities and

14 protections that may be available to such mem15 ber under applicable law with respect to such

16 transactions;

17 ‘‘(B) to affect any other right or remedy

18 against the Corporation, against the United

19 States under applicable law, or against any per20 son other than a member of the Board partici21 pating in such transactions; or

22 ‘‘(C) to limit or alter in any way the im23 munities that are available under applicable law

24 for Federal officials and employees not de25 scribed in this subsection.
218

•HR 2010 EH

1 ‘‘(h) DUTIES.—The Board shall—

2 ‘‘(1) prepare a strategic plan every 3 years, and

3 annual updates of the plan, for the Corporation with

4 respect to the grants, allotments, contracts, assist5 ance, and payments made by the Corporation, and

6 with respect to such standards, policies, procedures,

7 programs, and initiatives as are necessary or appro8 priate to carry out this Act;

9 ‘‘(2) make recommendations with respect to the

10 regulations established under section 195(b)(3)(A);

11 ‘‘(3)(A) review the actions of the Chairperson

12 with respect to—

13 ‘‘(i) grants, allotments, contracts, assist14 ance, and payments made by the Corporation;

15 ‘‘(ii) the personnel of the Corporation; and

16 ‘‘(iii) the standards, policies, procedures,

17 programs, and initiatives of the Corporation;

18 and

19 ‘‘(B) inform the Chairperson of any aspects of

20 the actions of the Chairperson that are not in com21 pliance with the annual strategic plan described in

22 paragraph (1) or the recommendations described in

23 paragraph (2), or are not consistent with the objec24 tives of this Act;
219

•HR 2010 EH

1 ‘‘(4) receive reports issued by the Inspector

2 General of the Corporation and review actions taken

3 by the Chairperson with respect to such reports;

4 ‘‘(5) review the evaluation of programs estab5 lished under this Act, in accordance with section

6 179;

7 ‘‘(6) make recommendations for research with

8 respect to national and community service programs,

9 including service-learning programs;

10 ‘‘(7) advise the President and the Congress con11 cerning developments in national and community

12 service that merit the attention of the President and

13 the Congress;

14 ‘‘(8) disseminate information regarding the pro15 grams and initiatives of the Corporation;

16 ‘‘(9) carry out any other activities determined

17 to be appropriate by the Chairperson; and

18 ‘‘(10) for purposes of subsection (i)(2) and sec19 tion 178(d)(6)(B), issue regulations to waive the dis20 qualification of members of the Board and members

21 of the State Commission (or of an alternative ad22 ministrative entity) selectively in a random, non23 discretionary manner and only to the extent nec24 essary to establish the quorum involved, including

25 rules that forbid each member of the Board and
220

•HR 2010 EH

1 each voting member of a State Commission (or of

2 such entity) to participate in any discussion or deci3 sion regarding the provision of assistance or ap4 proved national service positions, or the continu5 ation, suspension, or termination of such assistance

6 or such positions, to any program or entity of which

7 such member of the Board or such member of the

8 State Commission (or of such entity) is, or in the 1-

9 year period before the submission of such application

10 was, an officer, director, trustee, full-time volunteer,

11 or employee.

12 ‘‘(i) LIMITATION ON PARTICIPATION.—

13 ‘‘(1) GENERAL LIMITATION.—Except as pro14 vided in paragraph (2), a member of the Board shall

15 not participate in the administration of the grant

16 program (including any discussion or decision re17 garding the provision of assistance or approved na18 tional service positions, or the continuation, suspen19 sion, or termination of such assistance or such posi20 tions, to any program or entity) described in section

21 121 in any period during which there is pending be22 fore the Corporation a grant application submitted

23 by a program or entity of which such member of the

24 Board is, or in the 1-year period before the submis-
221

•HR 2010 EH

1 sion of such application was, an officer, director,

2 trustee, partner, full-time volunteer, or employee.

3 ‘‘(2) EXCEPTION.—If, as a result of the oper4 ation of paragraph (1), the number of members of

5 the Board is insufficient to establish a quorum for

6 the purpose of administering such program, then

7 members excluded from participation by paragraph

8 (1) may participate in the administration of such

9 program, notwithstanding the limitation in para10 graph (1), to the extent permitted by regulations is11 sued under subsection (h)(10) by the Corporations.

12 ‘‘(3) RULE OF CONSTRUCTION.—Paragraph (1)

13 shall not be construed to limit the authority of a

14 member of the Board to participate in—

15 ‘‘(A) discussions of, and hearings and fo16 rums on—

17 ‘‘(i) the general duties, policies, and

18 operations of the Commission (or of such

19 entity); or

20 ‘‘(ii) the general administration of

21 such program; or

22 ‘‘(B) similar general matters relating to

23 the Corporation.

24 ‘‘(j) COORDINATION WITH OTHER FEDERAL ACTIVI25 TIES.—As part of the agenda of meetings of the Board
222

•HR 2010 EH

1 under subsection (a), the Board shall review projects and

2 programs conducted or funded by the Corporation under

3 the national service laws to improve the coordination be4 tween such projects and programs and the activities of

5 other Federal agencies that deal with the individuals and

6 communities participating in or benefiting from such

7 projects and programs. The ex officio members of the

8 Board specified in section 192(a)(3) are encouraged to

9 jointly plan, implement, and fund activities in connection

10 with projects and programs conducted under the national

11 service laws to ensure that Federal efforts attempt to ad12 dress the total needs of participants, their communities,

13 and the persons and communities they serve.

14 ‘‘SEC. 193. CHAIRPERSON AND DIRECTOR.

15 ‘‘(a) APPOINTMENT.—The Corporation shall be head16 ed by an individual who shall serve as Chairperson of the

17 Board and as Director of the Corporation, and who shall

18 be appointed by the President, by and with the advice and

19 consent of the Senate.

20 ‘‘(b) COMPENSATION.—The Chairperson shall be

21 compensated at the rate provided for level III of the Exec22 utive Schedule under section 5314 of title 5, United States

23 Code.
223

•HR 2010 EH

1 ‘‘(c) REGULATIONS.—The Chairperson shall pre2 scribe such rules and regulations as are necessary or ap3 propriate to carry out this Act.

4 ‘‘SEC. 193A. AUTHORITIES AND DUTIES OF THE CHAIR5 PERSON.

6 ‘‘(a) GENERAL POWERS AND DUTIES.—The Chair7 person shall be responsible for the exercise of the powers

8 and the discharge of the duties of the Corporation that

9 are not reserved to the Board, and shall have authority

10 and control over all personnel of the Corporation.

11 ‘‘(b) DUTIES.—In addition to the duties conferred on

12 the Chairperson under any other provision of this Act, the

13 Chairperson shall—

14 ‘‘(1) submit a proposal to the Board regarding,

15 and establish, such standards, policies, and proce16 dures, as are necessary or appropriate to carry out

17 this Act;

18 ‘‘(2) establish and administer such programs

19 and initiatives as the Chairperson, acting on the rec20 ommendation of the Board, may determine to be

21 necessary or appropriate to carry out this Act;

22 ‘‘(3) consult with appropriate Federal agencies

23 in administering such programs and initiatives;

24 ‘‘(4) on the recommendation of the Board, sus25 pend or terminate payments and positions provided
224

•HR 2010 EH

1 pursuant to the national service laws, in accordance

2 with section 176;

3 ‘‘(5) prepare and submit to the Board an an4 nual report, and such interim reports as may be nec5 essary, describing the major actions of the Chair6 person with respect to the personnel of the Corpora7 tion, and with respect to such standards, policies,

8 procedures, programs, and initiatives;

9 ‘‘(6) notify, and provide an explanation to, the

10 Board regarding any substantial differences between

11 the actions of the Chairperson and the strategic plan

12 described in section 192A(h)(2); and

13 ‘‘(7) prepare and submit to the appropriate

14 committees of Congress an annual report, and such

15 interim reports as may be necessary, describing—

16 ‘‘(A) the services referred to in paragraph

17 (1), and the money and property referred to in

18 paragraph (2), of section 196(a) that have been

19 accepted by the Corporation; and

20 ‘‘(B) the manner in which the Corporation

21 used or disposed of such services, money, and

22 property.

23 ‘‘(c) POWERS.—In addition to the authority conferred

24 on the Chairperson under any other provision of this Act,

25 the Chairperson may—
225

•HR 2010 EH

1 ‘‘(1) establish, alter, consolidate, or discontinue

2 such organizational units or components within the

3 Corporation as the Chairperson considers necessary

4 or appropriate;

5 ‘‘(2) with the approval of the President—

6 ‘‘(A) arrange with and reimburse the heads

7 of other Federal agencies for the performance

8 of any of the provisions of this Act; and

9 ‘‘(B) as necessary or appropriate—

10 ‘‘(i) delegate any of the functions of

11 the Chairperson under this Act, or, with

12 the permission of the Board, any of the

13 functions of the Board under this Act, to

14 such heads of Federal agencies; and

15 ‘‘(ii) authorize the redelegation of

16 such functions,

17 subject to provisions to assure the maximum

18 possible liaison between the Corporation and

19 such other agencies at all operating levels;

20 ‘‘(3) with their consent, utilize the services and

21 facilities of Federal agencies with or without reim22 bursement, and, with the consent of any State, or

23 political subdivision of a State, accept and utilize the

24 services and facilities of the agencies of such State

25 or subdivisions without reimbursement;
226

•HR 2010 EH

1 ‘‘(4) allocate and expend, or transfer to other

2 Federal agencies for expenditure, funds made avail3 able under this Act, including expenditure for con4 struction, repairs, and capital improvements;

5 ‘‘(5) disseminate, without regard to the provi6 sions of section 3204 of title 39, United States

7 Code, data and information, in such form as the

8 Chairperson shall determine to be appropriate to

9 public agencies, private organizations, and the gen10 eral public;

11 ‘‘(6) collect or compromise all obligations to or

12 held by the Chairperson and all legal or equitable

13 rights accruing to the Chairperson in connection

14 with the payment of obligations in accordance with

15 chapter 37 of title 31, United States Code (com16 monly known as the ‘Federal Claims Collection Act

17 of 1966’);

18 ‘‘(7) expend funds made available for purposes

19 of this Act, without regard to any other law or regu20 lation, for rent of buildings and space in buildings

21 and for repair, alteration, and improvement of build22 ings and space in buildings rented by the Chair23 person;

24 ‘‘(8) file a civil action in any court of record of

25 a State having general jurisdiction or in any district
227

•HR 2010 EH

1 court of the United States, with respect to a claim

2 arising under this Act;

3 ‘‘(9) exercise the authorities of the Corporation

4 under section 196; and

5 ‘‘(10) generally perform such functions and

6 take such steps consistent with the objectives and

7 provisions of this Act, as the Chairperson determines

8 to be necessary or appropriate to carry out such pro9 visions.

10 ‘‘(d) DELEGATION.—

11 ‘‘(1) DEFINITION.—As used in this subsection,

12 the term ‘function’ means any duty, obligation,

13 power, authority, responsibility, right, privilege, ac14 tivity, or program.

15 ‘‘(2) IN GENERAL.—Except as otherwise pro16 hibited by law or provided in this Act, the Chair17 person may delegate any function under this Act,

18 and authorize such successive redelegations of such

19 function as may be necessary or appropriate. No del20 egation of a function by the Chairperson under this

21 subsection or under any other provision of this Act

22 shall relieve such Chairperson of responsibility for

23 the administration of such function.
228

•HR 2010 EH

1 ‘‘(3) FUNCTION OF BOARD.—The Chairperson

2 may not delegate a function of the Board without

3 the permission of the Board.

4 ‘‘(e) ACTIONS.—In an action described in subsection

5 (c)(8)—

6 ‘‘(1) a district court referred to in such sub7 section shall have jurisdiction of such a civil action

8 without regard to the amount in controversy;

9 ‘‘(2) such an action brought by the Chairperson

10 shall survive notwithstanding any change in the per11 son occupying the office of Chairperson or any va12 cancy in that office;

13 ‘‘(3) no attachment, injunction, garnishment, or

14 other similar process, mesne or final, shall be issued

15 against the Chairperson or the Board or property

16 under the control of the Chairperson or the Board;

17 and

18 ‘‘(4) nothing in this section shall be construed

19 to except litigation arising out of activities under

20 this Act from the application of sections 509, 517,

21 547, and 2679 of title 28, United States Code.

22 ‘‘(f) FULL FUNDING OF COSTS TO STATE AND

23 LOCAL GOVERNMENTS OF REQUIREMENTS UNDER NA24 TIONAL SERVICE LAWS.—Notwithstanding any other pro25 vision of law, a national service law may not impose any
229

•HR 2010 EH

1 requirement that a unit of State or local government con2 duct an activity, unless paid for by the Federal govern3 ment. However, voluntary participation by States or pro4 gram sponsors may include cost-sharing formulas, health

5 care, child care, and other allowances and other require6 ments proscribed by the Act.

7 ‘‘SEC. 194. OFFICERS.

8 ‘‘(a) MANAGING DIRECTORS.—

9 ‘‘(1) IN GENERAL.—There shall be in the Cor10 poration 2 Managing Directors, who shall be ap11 pointed by the President, by and with the advice and

12 consent of the Senate.

13 ‘‘(2) COMPENSATION.—The Managing Direc14 tors shall be compensated at the rate provided for

15 level IV of the Executive Schedule under section

16 5315 of title 5, United States Code.

17 ‘‘(3) DUTIES.—

18 ‘‘(A) FEDERAL PROGRAMS.—One of the

19 Managing Directors shall be primarily respon20 sible for the Federal programs carried out by

21 the Corporation.

22 ‘‘(B) INVESTMENT PROGRAMS.—The other

23 Managing Director shall be primarily respon24 sible for the financial assistance programs car25 ried out by the Corporation.
230

•HR 2010 EH

1 ‘‘(b) INSPECTOR GENERAL.—There shall be in the

2 Corporation an Office of Inspector General as provided in

3 section 8E(a)(2) of the Inspector General Act of 1978 (5

4 U.S.C. App.).

5 ‘‘(c) CHIEF FINANCIAL OFFICER.—

6 ‘‘(1) OFFICE.—There shall be in the Corpora7 tion a Chief Financial Officer, who shall be ap8 pointed by the President, by and with the advice and

9 consent of the Senate.

10 ‘‘(2) COMPENSATION.—The Chief Financial Of11 ficer shall be compensated at the rate provided for

12 level IV of the Executive Schedule under section

13 5315 of title 5, United States Code.

14 ‘‘(3) DUTIES.—The Chief Financial Officer

15 shall—

16 ‘‘(A) report directly to the Chairperson re17 garding financial management matters;

18 ‘‘(B) oversee all financial management ac19 tivities relating to the programs and operations

20 of the Corporation;

21 ‘‘(C) develop and maintain an integrated

22 accounting and financial management system

23 for the Corporation, including financial report24 ing and internal controls;
231

•HR 2010 EH

1 ‘‘(D) develop and maintain any joint finan2 cial management systems with the Department

3 of Education necessary to carry out the pro4 grams of the Corporation; and

5 ‘‘(E) direct, manage, and provide policy

6 guidance and oversight of the financial manage7 ment personnel, activities, and operations of the

8 Corporation.

9 ‘‘SEC. 194A. CORPORATION STATE OFFICES.

10 ‘‘(a) IN GENERAL.—The Chairperson shall establish

11 and maintain a decentralized field structure which pro12 vides for an office of the Corporation for each State which

13 is located in or in reasonable proximity of each such State.

14 Such State office may be directed by the State Corpora15 tion representative designated under section 195(b)(1).

16 ‘‘(b) DUTIES.—Each State office established pursu17 ant to subsection (a) shall—

18 ‘‘(1) provide to the State Commissions estab19 lished under section 178 technical and other assist20 ance for the development and implementation of

21 State service plans;

22 ‘‘(2) provide to community-based agencies and

23 other entities within the State technical assistance

24 for the preparation of applications for assistance

25 under the national service laws, utilizing, as appro-
232

•HR 2010 EH

1 priate, information and materials provided by the

2 clearinghouses established pursuant to section 198A;

3 ‘‘(3) provide to the State Commission and other

4 entities within the State support and technical as5 sistance necessary to assure that there is an effective

6 system of recruitment, placement, and training of

7 volunteers within the State;

8 ‘‘(4) monitor and evaluate the performance of

9 all programs and projects within the State which re10 ceive assistance under the national service laws; and

11 ‘‘(5) perform such other duties and functions

12 which may be assigned or delegated by the Chair13 person.

14 ‘‘SEC. 195. EMPLOYEES, CONSULTANTS, AND OTHER PER15 SONNEL.

16 ‘‘(a) EMPLOYEES.—

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2) and subsections (b) and (c), the Chair19 person shall, in accordance with applicable provi20 sions of title 5 of the United States Code, appoint

21 and determine the compensation of such employees

22 as the Chairperson determines to be necessary to

23 carry out the duties of the Corporation.

24 ‘‘(2) ASSISTANT DIRECTORS FOR VISTA AND

25 NATIONAL SENIOR VOLUNTEER CORPS.—
233

•HR 2010 EH

1 ‘‘(A) APPOINTMENT.—The Managing Di2 rector primarily responsible for the Federal pro3 grams carried out by the Corporation (ap4 pointed pursuant to section 194(a)) shall, in ac5 cordance with applicable provisions of title 5 of

6 the United States Code, appoint 4 Assistant Di7 rectors who shall report directly to such Manag8 ing Director, of which—

9 ‘‘(i) 1 Assistant Director shall be re10 sponsible for parts A and B of title I of

11 the Domestic Volunteer Service Act of

12 1973 (the Volunteers in Service to America

13 (VISTA) program) and other antipoverty

14 programs under title I of that Act;

15 ‘‘(ii) 1 Assistant Director shall be re16 sponsible for part A of title II of that Act

17 (relating to the Retired Senior Volunteer

18 Program);

19 ‘‘(iii) 1 Assistant Director shall be re20 sponsible for part B of title II of that Act

21 (relating to the Foster Grandparent Pro22 gram); and

23 ‘‘(iv) 1 Assistant Director shall be re24 sponsible for part C of title II of that Act
234

•HR 2010 EH

1 (relating to the Senior Companion Pro2 gram).

3 ‘‘(B) EFFECTIVE DATE FOR EXERCISE OF

4 AUTHORITY.—Each Assistant Director ap5 pointed pursuant to subparagraph (A) may ex6 ercise the authority assigned to each such Di7 rector only after the effective date of section

8 203(b) of the National Service Trust Act of

9 1993.

10 ‘‘(b) ALTERNATIVE PERSONNEL SYSTEM.—

11 ‘‘(1) AUTHORITY.—To the extent the Chair12 person determines it appropriate and desirable to

13 further the effective operation of the Corporation,

14 the Chairperson may designate positions in the Cor15 poration to which appointments may be made and

16 for which compensation may be determined without

17 regard to the provisions of title 5, United States

18 Code, governing appointments in the competitive

19 service, and without regard to the provisions of

20 chapter 51 and subchapter III of chapter 53 of such

21 title relating to classification and General Schedule

22 pay rates. The Chairperson may provide for appoint23 ments to such positions to be made on a limited

24 term basis.
235

•HR 2010 EH

1 ‘‘(2) APPOINTMENT IN THE COMPETITIVE

2 SERVICE AFTER EMPLOYMENT UNDER ALTERNATIVE

3 PERSONNEL SYSTEM.—The Director of the Office of

4 Personnel Management may grant competitive sta5 tus for appointment to the competitive service, under

6 such conditions as the Director may prescribe, to an

7 employee who is appointed under this subsection and

8 who is separated from the Corporation (other than

9 by removal for cause).

10 ‘‘(3) SELECTION AND COMPENSATION SYS11 TEM.—

12 ‘‘(A) ESTABLISHMENT OF SYSTEM.—The

13 Chairperson, after reviewing the recommenda14 tions of the Board under section 192A(h)(2),

15 and after obtaining the approval of the Director

16 of the Office of Personnel Management, shall

17 issue regulations establishing a selection and

18 compensation system for employees of the Cor19 poration appointed under paragraph (1). In is20 suing such regulations, the Chairperson shall

21 take into consideration the need for flexibility in

22 such a system.

23 ‘‘(B) APPLICATION.—The Chairperson

24 shall appoint and determine the compensation

25 of employees in accordance with the selection
236

•HR 2010 EH

1 and compensation system established under

2 subparagraph (A).

3 ‘‘(C) SELECTION.—The system established

4 under subparagraph (A) shall provide for the

5 selection of employees—

6 ‘‘(i) through a competitive process;

7 and

8 ‘‘(ii) on the basis of the qualifications

9 of applicants and the requirements of the

10 positions.

11 ‘‘(D) COMPENSATION.—The system estab12 lished under subparagraph (A) shall include a

13 scheme for the classification of positions in the

14 Corporation. The system shall require that the

15 compensation of an employee be determined in

16 part on the basis of the job performance of the

17 employee, and in a manner consistent with the

18 principles described in section 5301 of title 5,

19 United States Code. The rate of compensation

20 for each employee compensated under the sys21 tem shall not exceed the annual rate of basic

22 pay payable for level IV of the Executive Sched23 ule under section 5315 of title 5, United States

24 Code.
237

•HR 2010 EH

1 ‘‘(c) CORPORATION REPRESENTATIVE IN EACH

2 STATE.—

3 ‘‘(1) APPOINTMENT OF REPRESENTATIVE.—

4 The Chairperson shall, without regard to the provi5 sions of title 5, United States Code, governing ap6 pointments in the competitive service, appoint an

7 employee to serve as the representative of the Cor8 poration for each State or group of States to assist

9 the Corporation in carrying out the activities de10 scribed in this Act in the State or States.

11 ‘‘(2) DUTIES.—The representative appointed

12 under this subsection for a State or group of States

13 shall serve as the liaison between—

14 ‘‘(A) the Corporation and the State Com15 mission that is established in the State or

16 States; and

17 ‘‘(B) the Corporation and any subdivision

18 of a State, Indian tribe, public or private non19 profit organization, or institution of higher edu20 cation, in the State or States, that is awarded

21 a grant under section 121 directly from the

22 Corporation.

23 ‘‘(3) MEMBER OF STATE COMMISSION.—The

24 representative appointed under this subsection for a

25 State or group of States shall also serve as a voting
238

•HR 2010 EH

1 member of the State Commission established in the

2 State or States.

3 ‘‘(4) COMPENSATION.—

4 ‘‘(A) IN GENERAL.—The Chairperson may

5 determine the compensation of representatives

6 appointed under this subsection without regard

7 to the provisions of chapter 51 and subchapter

8 III of chapter 53 of title 5, United States Code,

9 relating to classification and General Schedule

10 pay rates.

11 ‘‘(B) LIMITATION ON COMPENSATION.—

12 The rate of compensation for each representa13 tive appointed under this subsection shall not

14 exceed the maximum rate of basic pay payable

15 for GS–15 of the General Schedule under sec16 tion 5332 of title 5, United States Code.

17 ‘‘(d) CONSULTANTS.—The Chairperson may procure

18 the temporary and intermittent services of experts and

19 consultants and compensate the experts and consultants

20 in accordance with section 3109(b) of title 5, United

21 States Code.

22 ‘‘(e) DETAILS OF PERSONNEL.—The head of any

23 Federal department or agency may detail on a reimburs24 able basis, or on a nonreimbursable basis for not to exceed

25 180 calendar days during any fiscal year, as agreed upon
239

•HR 2010 EH

1 by the Chairperson and the head of the Federal agency,

2 any of the personnel of that department or agency to the

3 Corporation to assist the Corporation in carrying out the

4 duties of the Corporation under this Act. Any detail shall

5 not interrupt or otherwise affect the civil service status

6 or privileges of the Federal employee.

7 ‘‘(f) ADVISORY COMMITTEES.—

8 ‘‘(1) ESTABLISHMENT.—The Chairperson, act9 ing upon the recommendation of the Board, may es10 tablish advisory committees in the Corporation to

11 advise the Board with respect to national service is12 sues, such as the type of programs to be established

13 or assisted under the national service laws, priorities

14 and criteria for such programs, and methods of con15 ducting outreach for, and evaluation of, such pro16 grams.

17 ‘‘(2) COMPOSITION.—Such an advisory commit18 tee shall be composed of members appointed by the

19 Chairperson, with such qualifications as the Chair20 person may specify.

21 ‘‘(3) EXPENSES.—Members of such an advisory

22 committee may be allowed travel expenses as de23 scribed in section 192A(e).

24 ‘‘(4) STAFF.—The Chairperson is authorized to

25 appoint and fix the compensation of such staff as
240

•HR 2010 EH

1 the Chairperson determines to be necessary to carry

2 out the functions of the advisory committee, without

3 regard to the provisions of title 5, United States

4 Code, governing appointments in the competitive

5 service, and without regard to the provisions of

6 chapter 51 and subchapter III of chapter 53 of such

7 title relating to classification and General Schedule

8 pay rates. Such compensation shall not exceed the

9 maximum rate of basic pay payable for GS–15 of

10 the General Schedule under section 5332 of title 5,

11 United States Code.

12 ‘‘SEC. 196. ADMINISTRATION

13 ‘‘(a) DONATIONS.—

14 ‘‘(1) SERVICES.—

15 ‘‘(A) VOLUNTEERS.—Notwithstanding sec16 tion 1342 of title 31, United States Code, the

17 Corporation may solicit and accept the vol18 untary services of individuals to assist the Cor19 poration in carrying out the duties of the Cor20 poration under this Act, and may provide to

21 such individuals the travel expenses described in

22 section 192A(e).

23 ‘‘(B) LIMITATION.—Such a volunteer shall

24 not be considered to be a Federal employee and

25 shall not be subject to the provisions of law re-
241

•HR 2010 EH

1 lating to Federal employment, including those

2 relating to hours of work, rates of compensa3 tion, leave, unemployment compensation, and

4 Federal employee benefits, except that for the

5 purposes of subchapter I of chapter 81 of title

6 5, United States Code, relating to compensation

7 to Federal employees for work injuries, volun8 teers under this subtitle shall be considered to

9 be employees, as defined in section 8101(1)(B)

10 of title 5, United States Code, and the provi11 sions of such subchapter shall apply.

12 ‘‘(C) VOLUNTEER DEFINED.—For pur13 poses of this paragraph, the term ‘volunteer’

14 does not include a participant.

15 ‘‘(2) PROPERTY.—

16 ‘‘(A) SOLICITATION AND ACCEPTANCE AU17 THORIZED.—The Corporation may solicit, ac18 cept, hold, administer, use, and dispose of, in

19 furtherance of the purposes of this Act, dona20 tions of any money or property, real, personal,

21 or mixed, tangible or intangible, received by

22 gift, devise, bequest, or otherwise. Donations

23 accepted under this subparagraph shall be used

24 as nearly as possibly in accordance with the

25 terms, if any, of such donation.
242

•HR 2010 EH

1 ‘‘(B) STATUS OF CONTRIBUTION.—Any do2 nation accepted under subparagraph (A) shall

3 be considered to be a gift, devise, or bequest to,

4 or for the use of, the United States.

5 ‘‘(C) RULES.—The Corporation shall es6 tablish written rules to ensure that the solicita7 tion, acceptance, holding, administration, and

8 use of donations described in subparagraph

9 (A)—

10 ‘‘(i) will not reflect unfavorably upon

11 the ability of the Corporation, or of any of12 ficer or employee of the Corporation, to

13 carry out the responsibilities or official du14 ties of the Corporation in a fair and objec15 tive manner; and

16 ‘‘(ii) will not compromise the integrity

17 of the programs of the Corporation or any

18 official or employee of the Corporation in19 volved in such programs.

20 ‘‘(D) DISPOSITION.—Upon completion of

21 the use by the Corporation of any donation ac22 cepted pursuant to subparagraph (A) (other

23 than money or monetary proceeds from sales of

24 property accepted), such completion shall be re25 ported to the General Services Administration
243

•HR 2010 EH

1 and such property shall be disposed of in ac2 cordance with title II of the Federal Property

3 and Administrative Services Act of 1949 (40

4 U.S.C. 481 et seq.).

5 ‘‘(b) CONTRACTS.—Subject to the Federal Property

6 and Administrative Services Act of 1949, the Corporation

7 may enter into contracts, and cooperative and interagency

8 agreements, with Federal and State agencies, private

9 firms, institutions, and individuals to conduct activities

10 necessary to carry out the duties of the Corporation under

11 this Act.

12 ‘‘SEC. 196A. LIMITATION ON AUTHORITY TO TAKE CERTAIN

13 ACTIONS.

14 ‘‘Notwithstanding any other provision of law, the

15 Corporation or the Chairperson, as the case may be, shall

16 not—

17 ‘‘(1) allocate, expend, or transfer to any other

18 Federal agency funds made available under this Act

19 for construction, repairs, or capital improvements;

20 ‘‘(2) enter into a lease for real property; or

21 ‘‘(3) dispose of surplus real property;

22 without receiving prior concurrence from the Committee

23 on Public Works and Transportation of the House of Rep24 resentatives and the Committee on Environment and Pub25 lic Works of the Senate.’’.
244

•HR 2010 EH

1 (b) DOMESTIC VOLUNTEER SERVICE ACT OF

2 1973.—Section 401 of the Domestic Volunteer Service Act

3 of 1973 (42 U.S.C. 5041) is amended by inserting after

4 the second sentence the following: ‘‘The Director shall re5 port directly to the Chairperson of the Corporation for Na6 tional Service.’’.

7 (c) TRANSFER OF FUNCTIONS OF COMMISSION ON

8 NATIONAL AND COMMUNITY SERVICE.—

9 (1) DEFINITIONS.—For purposes of this sub10 section, unless otherwise provided or indicated by

11 the context, each term specified in section 203(c)(1)

12 shall have the meaning given the term in such sec13 tion.

14 (2) TRANSFER OF FUNCTIONS.—There are

15 transferred to the Corporation the functions that the

16 Board of Directors or Executive Director of the

17 Commission on National and Community Service ex18 ercised before the effective date of this subsection

19 (including all related functions of any officer or em20 ployee of the Commission).

21 (3) APPLICATION.—The provisions of para22 graphs (3) through (10) of section 203(c) shall

23 apply with respect to the transfer described in para24 graph (2), except that—
245

•HR 2010 EH

1 (A) for purposes of such application, ref2 erences to the term ‘‘ACTION Agency’’ shall be

3 deemed to be references to the Corporation; and

4 (B) paragraph (10) of such section shall

5 not preclude the transfer of the members of the

6 Board of Directors of the Commission to the

7 Corporation if, on the effective date of this sub8 section, the Board of Directors of the Corpora9 tion has not been confirmed.

10 (d) CONTINUING PERFORMANCE OF CERTAIN FUNC11 TIONS.—The individuals who, on the day before the date

12 of enactment of this Act, are performing any of the func13 tions required by section 190 of the National and Commu14 nity Service Act of 1990 (42 U.S.C. 12651), as in effect

15 on such date, to be performed by the members of the

16 Board of Directors of the Commission on National and

17 Community Service may, subject to section 193A of the

18 National and Community Service Act of 1990, as added

19 by subsection (a) of this section, continue to perform such

20 functions until the date on the Board of Directors of the

21 Corporation for National Service conducts the first meet22 ing of the Board. The service of such individuals as mem23 bers of the Board of Directors of such Commission, and

24 the employment of such individuals as special government

25 employees, shall terminate on such date.
246

•HR 2010 EH

1 (e) GOVERNMENT CORPORATION CONTROL.—

2 (1) WHOLLY OWNED GOVERNMENT CORPORA3 TION.—Section 9101(3) of title 31, United States

4 Code, is amended by inserting after subparagraph

5 (D) the following:

6 ‘‘(E) the Corporation for National Serv7 ice.’’.

8 (2) AUDITS.—Section 9105(a)(1) of title 31,

9 United States Code, is amended by inserting ‘‘, or

10 under other Federal law,’’ before ‘‘or by an inde11 pendent’’.

12 (f) DISPOSAL OF PROPERTY.—Section 203(k) of the

13 Federal Property and Administrative Services Act of 1949

14 (40 U.S.C. 484(k)) is amended by adding at the end the

15 following:

16 ‘‘(5)(A) Under such regulations as the Administrator

17 may prescribe, the Administrator is authorized, in the dis18 cretion of the Administrator, to assign to the Chairperson

19 of the Corporation for National Service for disposal such

20 surplus property as is recommended by the Chairperson

21 as being needed for national service activities.

22 ‘‘(B) Subject to the disapproval of the Administrator,

23 within 30 days after notice to the Administrator by the

24 Chairperson of a proposed transfer of property for such

25 activities, the Chairperson, through such officers or em-
247

•HR 2010 EH

1 ployees of the Corporation as the Chairperson may des2 ignate, may sell, lease, or donate such property to any en3 tity that receives financial assistance under the National

4 and Community Service Act of 1990 for such activities.

5 ‘‘(C) In fixing the sale or lease value of such property,

6 the Chairperson shall comply with the requirements of

7 paragraph (1)(C).’’.

8 (g) TABLE OF CONTENTS.—Section 1(b) of the Na9 tional and Community Service Act of 1990 (Public Law

10 101–610; 104 Stat. 3127) is amended by striking the

11 items relating to subtitle G of title I of such Act and in12 serting the following:

‘‘Subtitle G—Corporation for National Service

‘‘Sec. 191. Corporation for National Service.

‘‘Sec. 192. Board of Directors.

‘‘Sec. 192A. Authorities and duties of the Board of Directors.

‘‘Sec. 193. Chairperson and Director.

‘‘Sec. 193A. Authorities and duties of the Chairperson.

‘‘Sec. 194. Officers.

‘‘Sec. 194A. Corporation State offices.

‘‘Sec. 195. Employees, consultants, and other personnel.

‘‘Sec. 196. Administration.’’.

13 (h) EFFECTIVE DATES.—

14 (1) IN GENERAL.—Except as provided in para15 graph (2), the amendments made by this section

16 shall take effect on October 1, 1993.

17 (2) ESTABLISHMENT AND APPOINTMENT AU18 THORITIES.—Sections 191, 192, and 193 of the Na19 tional and Community Service Act of 1990, as added
248

•HR 2010 EH

1 by subsection (a), shall take effect on the date of en2 actment of this Act.

3 SEC. 203. FINAL AUTHORITIES OF THE CORPORATION FOR

4 NATIONAL SERVICE.

5 (a) NATIONAL AND COMMUNITY SERVICE ACT OF

6 1990.—

7 (1) APPLICATION.—Subtitle I of the National

8 and Community Service Act of 1990 (as amended by

9 section 202 of this Act) is amended in section 191,

10 paragraphs (3) and (5) of section 192A(h), section

11 193(c), subsections (b), (c) (other than paragraph

12 (8)), and (d) of section 193A, subsections (c) and

13 (e) of section 195, and subsections (a) and (b) of

14 section 196, by striking ‘‘this Act’’ each place the

15 term appears and inserting ‘‘the national service

16 laws’’.

17 (2) GRANTS.—Section 192A(h) of the National

18 and Community Service Act of 1990 (as added by

19 section 202 of this Act) is amended—

20 (A) by striking ‘‘and’’ at the end of para21 graph (8);

22 (B) by redesignating paragraph (9) as

23 paragraph (10); and

24 (C) by inserting after paragraph (8) the

25 following:
249

•HR 2010 EH

1 ‘‘(9) notwithstanding any other provision of

2 law, make grants to or contracts with Federal or

3 other public departments or agencies and private

4 nonprofit organizations for the assignment or refer5 ral of volunteers under the provisions of the Domes6 tic Volunteer Service Act of 1973 (except as pro7 vided in section 108 of the Domestic Volunteer Serv8 ice Act of 1973), which may provide that the agency

9 or organization shall pay all or a part of the costs

10 of the program; and’’.

11 (b) AUTHORITIES OF ACTION AGENCY.—Sections

12 401 and 402 of the Domestic Volunteer Service Act of

13 1973 (42 U.S.C. 5041 and 5042) are repealed.

14 (c) TRANSFER OF FUNCTIONS FROM ACTION

15 AGENCY.—

16 (1) DEFINITIONS.—For purposes of this sub17 section, unless otherwise provided or indicated by

18 the context—

19 (A) the term ‘‘Chairperson’’ means the

20 Chairperson of the Corporation;

21 (B) the term ‘‘Corporation’’ means the

22 Corporation for National Service, established

23 under section 191 of the National and Commu24 nity Service Act of 1990;
250

•HR 2010 EH

1 (C) the term ‘‘Federal agency’’ has the

2 meaning given to the term ‘‘agency’’ by section

3 551(1) of title 5, United States Code;

4 (D) the term ‘‘function’’ means any duty,

5 obligation, power, authority, responsibility,

6 right, privilege, activity, or program; and

7 (E) the term ‘‘office’’ includes any office,

8 administration, agency, institute, unit, organi9 zational entity, or component thereof.

10 (2) TRANSFER OF FUNCTIONS.—There are

11 transferred to the Corporation the functions that the

12 Director of the ACTION Agency exercised before

13 the effective date of this subsection (including all re14 lated functions of any officer or employee of the AC15 TION Agency).

16 (3) DETERMINATIONS OF CERTAIN FUNCTIONS

17 BY THE OFFICE OF MANAGEMENT AND BUDGET.—

18 If necessary, the Office of Management and Budget

19 shall make any determination of the functions that

20 are transferred under paragraph (2).

21 (4) REORGANIZATION.—The Chairperson is au22 thorized to allocate or reallocate any function trans23 ferred under paragraph (2) among the officers of the

24 Corporation.
251

•HR 2010 EH

1 (5) TRANSFER AND ALLOCATIONS OF APPRO2 PRIATIONS AND PERSONNEL.—Except as otherwise

3 provided in this subsection, the personnel employed

4 in connection with, and the assets, liabilities, con5 tracts, property, records, and unexpended balances

6 of appropriations, authorizations, allocations, and

7 other funds employed, used, held, arising from,

8 available to, or to be made available in connection

9 with the functions transferred by this subsection,

10 subject to section 1531 of title 31, United States

11 Code, shall be transferred to the Corporation. Unex12 pended funds transferred pursuant to this paragraph

13 shall be used only for the purposes for which the

14 funds were originally authorized and appropriated.

15 (6) INCIDENTAL TRANSFER.—The Director of

16 the Office of Management and Budget, at such time

17 or times as the Director shall provide, is authorized

18 to make such determinations as may be necessary

19 with regard to the functions transferred by this sub20 section, and to make such additional incidental dis21 positions of personnel, assets, liabilities, grants, con22 tracts, property, records, and unexpended balances

23 of appropriations, authorizations, allocations, and

24 other funds held, used, arising from, available to, or

25 to be made available in connection with such func-
252

•HR 2010 EH

1 tions, as may be necessary to carry out the provi2 sions of this subsection. The Director of the Office

3 of Management and Budget shall provide for the ter4 mination of the affairs of all entities terminated by

5 this subsection and for such further measures and

6 dispositions as may be necessary to effectuate the

7 purposes of this subsection.

8 (7) EFFECT ON PERSONNEL.—

9 (A) IN GENERAL.—Except as otherwise

10 provided by this subsection, the transfer pursu11 ant to this subsection of full-time personnel (ex12 cept special Government employees) and part13 time personnel holding permanent positions

14 shall be to positions in the Corporation subject

15 to section 195(a)(1) of the National and Com16 munity Service Act of 1990, as added by sec17 tion 202(a) of this Act, and shall not cause any

18 such employee to be separated or reduced in

19 grade or compensation, or to have the benefits

20 of the employee reduced, for 1 year after the

21 date of transfer of such employee under this

22 subsection, and such transfer shall be deemed

23 to be a transfer of functions for purposes of

24 section 3503 of title 5 of the United States

25 Code.
253

•HR 2010 EH

1 (B) EXECUTIVE SCHEDULE POSITIONS.—

2 Except as otherwise provided in this subsection,

3 any person who, on the day preceding the effec4 tive date of this subsection, held a position com5 pensated in accordance with the Executive

6 Schedule prescribed in chapter 53 of title 5,

7 United States Code, and who, without a break

8 in service, is appointed in the Corporation to a

9 position having duties comparable to the duties

10 performed immediately preceding such appoint11 ment shall continue to be compensated in such

12 new position at not less than the rate provided

13 for such previous position, for the duration of

14 the service of such person in such new position.

15 (C) TERMINATION OF CERTAIN POSI16 TIONS.—Positions whose incumbents are ap17 pointed by the President, by and with the ad18 vice and consent of the Senate, the functions of

19 which are transferred by this subsection, shall

20 terminate on the effective date of this sub21 section.

22 (8) SAVINGS PROVISIONS.—

23 (A) CONTINUING EFFECT OF LEGAL DOCU24 MENTS.—All orders, determinations, rules, reg25 ulations, permits, agreements, grants, contracts,
254

•HR 2010 EH

1 certificates, licenses, registrations, privileges,

2 and other administrative actions—

3 (i) that have been issued, made,

4 granted, or allowed to become effective by

5 the President, any Federal agency or offi6 cial thereof, or by a court of competent ju7 risdiction, in the performance of functions

8 that are transferred under this subsection;

9 and

10 (ii) that are in effect at the time this

11 subsection takes effect, or were final before

12 the effective date of this subsection and

13 are to become effective on or after the ef14 fective date of this subsection,

15 shall continue in effect according to their terms

16 until modified, terminated, superseded, set

17 aside, or revoked in accordance with law by the

18 President, the Chairperson, or other authorized

19 official, a court of competent jurisdiction, or by

20 operation of law.

21 (B) PROCEEDINGS NOT AFFECTED.—The

22 provisions of this subsection shall not affect any

23 proceedings, including notices of proposed rule24 making, or any application for any license, per25 mit, certificate, or financial assistance pending
255

•HR 2010 EH

1 before the ACTION Agency at the time this

2 subsection takes effect, with respect to func3 tions transferred by this subsection but such

4 proceedings and applications shall be continued.

5 Orders shall be issued in such proceedings, ap6 peals shall be taken therefrom, and payments

7 shall be made pursuant to such orders, as if

8 this subsection had not been enacted, and or9 ders issued in any such proceedings shall con10 tinue in effect until modified, terminated, su11 perseded, or revoked by a duly authorized offi12 cial, by a court of competent jurisdiction, or by

13 operation of law. Nothing in this subparagraph

14 shall be deemed to prohibit the discontinuance

15 or modification of any such proceeding under

16 the same terms and conditions and to the same

17 extent that such proceeding could have been

18 discontinued or modified if this subsection had

19 not been enacted.

20 (C) SUITS NOT AFFECTED.—The provi21 sions of this subsection shall not affect suits

22 commenced before the effective date of this sub23 section, and in all such suits, proceedings shall

24 be had, appeals taken, and judgments rendered
256

•HR 2010 EH

1 in the same manner and with the same effect

2 as if this subsection had not been enacted.

3 (D) NONABATEMENT OF ACTIONS.—No

4 suit, action, or other proceeding commenced by

5 or against the ACTION Agency, or by or

6 against any individual in the official capacity of

7 such individual as an officer of the ACTION

8 Agency, shall abate by reason of the enactment

9 of this subsection.

10 (E) ADMINISTRATIVE ACTIONS RELATING

11 TO PROMULGATION OF REGULATIONS.—Any ad12 ministrative action relating to the preparation

13 or promulgation of a regulation by the AC14 TION Agency relating to a function transferred

15 under this subsection may be continued by the

16 Corporation with the same effect as if this sub17 section had not been enacted.

18 (9) SEVERABILITY.—If a provision of this sub19 section or its application to any person or cir20 cumstance is held invalid, neither the remainder of

21 this subsection nor the application of the provision

22 to other persons or circumstances shall be affected.

23 (10) TRANSITION.—Prior to, or after, any

24 transfer of a function under this subsection, the

25 Chairperson is authorized to utilize—
257

•HR 2010 EH

1 (A) the services of such officers, employ2 ees, and other personnel of the ACTION Agen3 cy with respect to functions that will be or have

4 been transferred to the Corporation by this sub5 section; and

6 (B) funds appropriated to such functions

7 for such period of time as may reasonably be

8 needed to facilitate the orderly implementation

9 of this subsection.

10 (d) EFFECTIVE DATE.—

11 (1) IN GENERAL.—Except as provided in para12 graph (2), this section, and the amendments made

13 by this section, shall take effect—

14 (A) 18 months after the date of enactment

15 of this Act; or

16 (B) on such earlier date as the President

17 shall determine to be appropriate and announce

18 by proclamation published in the Federal Reg19 ister.

20 (2) TRANSITION.—Subsection (c)(10) shall take

21 effect on the date of enactment of this Act.
258

•HR 2010 EH

1 SEC. 204. ACTIONS UNDER THE NATIONAL SERVICE LAWS

2 TO BE SUBJECT TO THE AVAILABILITY OF AP3 PROPRIATIONS.

4 No action involving the obligation or expenditure of

5 funds may be taken under a national service law (as de6 fined in section 101(14) of the National and Community

7 Service Act of 1990 (42 U.S.C. 12511(14)) unless and

8 until the Corporation for National Service has sufficient

9 appropriations available at the time such action is taken

10 to satisfy the obligation to be incurred or make the ex11 penditure to be made.

12 TITLE III—REAUTHORIZATION

13 Subtitle A—National and

14 Community Service Act of 1990

15 SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

16 Section 501 of the National and Community Service

17 Act of 1990 (42 U.S.C. 12681) is amended to read as

18 follows:

19 ‘‘SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

20 ‘‘(a) TITLE I.—

21 ‘‘(1) SUBTITLE B.—There are authorized to be

22 appropriated to provide financial assistance under

23 subtitle B of title I, $45,000,000 for fiscal year

24 1994, and such sums as may be necessary for each

25 of the fiscal years 1995 through 1996.
259

•HR 2010 EH

1 ‘‘(2) SUBTITLES C, D, AND H.—There are au2 thorized to be appropriated to provide financial as3 sistance under subtitles C and H of title I, and to

4 provide national service educational awards under

5 subtitle D of title I, $389,000,000 for fiscal year

6 1994, and such sums as may be necessary for each

7 of the fiscal years 1995 through 1996. Of the funds

8 appropriated under this paragraph for a fiscal year,

9 not more than 15 percent of such funds may be

10 made available to provide financial assistance for ac11 tivities in subtitle H, section 125, or section 126.

12 ‘‘(3) ADMINISTRATION.—There are authorized

13 to be appropriated for the administration of this Act

14 (including subtitle G) such sums as may be nec15 essary for each of the fiscal years 1994 through

16 1996.

17 ‘‘(b) TITLE III.—There are authorized to be appro18 priated to carry out title III $5,000,000 for each of the

19 fiscal years 1994 through 1996.

20 ‘‘(c) AVAILABILITY OF APPROPRIATIONS.—Funds ap21 propriated under this section shall remain available until

22 expended.

23 ‘‘(d) SPECIFICATION OF BUDGET FUNCTION.—The

24 authorizations of appropriations contained in this section

25 shall be considered to be a component of budget function
260

•HR 2010 EH

1 500 as used by the Office of Management and Budget to

2 cover education, training, employment, and social services,

3 and, as such, shall be considered as related to the pro4 grams of the Departments of Labor, Health and Human

5 Services, and Education for budgetary purposes.’’.

6 Subtitle B—Domestic Volunteer

7 Service Act of 1973

8 SEC. 311. SHORT TITLE; REFERENCES.

9 (a) SHORT TITLE.—This subtitle may be cited as the

10 ‘‘Domestic Volunteer Service Act Amendments of 1993’’.

11 (b) REFERENCES.—Except as otherwise specifically

12 provided, whenever in this subtitle an amendment or re13 peal is expressed in terms of an amendment to, or repeal

14 of, a section or other provision, the reference shall be con15 sidered to be made to a section or other provision of the

16 Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950

17 et seq.).

18 CHAPTER 1—VISTA AND OTHER ANTI19 POVERTY PROGRAMS

20 SEC. 321. PURPOSE OF THE VISTA PROGRAM.

21 The last sentence of section 101 (42 U.S.C. 4951)

22 is amended to read as follows: ‘‘In addition, the objectives

23 of this part are to generate the commitment of private

24 sector resources, to encourage volunteer service at the
261

•HR 2010 EH

1 local level, and to strengthen local agencies and organiza2 tions to carry out the purpose of this part.’’.

3 SEC. 321A. ASSISTANT DIRECTOR FOR VISTA PROGRAM.

4 (a) IN GENERAL.—Section 102 (42 U.S.C. 4952) is

5 amended by striking ‘‘The Director’’ and inserting ‘‘This

6 part shall be administered by the Assistant Director ap7 pointed pursuant to section 195(a)(2) of the National and

8 Community Service Act of 1990. Such Director’’.

9 (b) EFFECTIVE DATE.—The amendments made by

10 subsection (a) shall take effect on the effective date of sec11 tion 203(b).

12 SEC. 322. SELECTION AND ASSIGNMENT OF VISTA VOLUN13 TEERS.

14 (a) VOLUNTEER ASSIGNMENTS.—Section 103(a) (42

15 U.S.C. 4953(a)) is amended—

16 (1) in the matter preceding paragraph (1), by

17 striking ‘‘a public’’ and inserting ‘‘public’’;

18 (2) in paragraph (2), by striking ‘‘and’’ at the

19 end;

20 (3) in paragraph (3), by striking ‘‘illiterate or

21 functionally illiterate youth and other individuals,’’;

22 (4) in paragraph (5), by striking ‘‘and’’ at the

23 end;

24 (5) in paragraph (6)—
262

•HR 2010 EH

1 (A) by striking ‘‘or the Community Eco2 nomic’’ and inserting ‘‘the Community Eco3 nomic’’;

4 (B) by inserting ‘‘or other similar Acts,’’

5 after ‘‘1981,’’; and

6 (C) by striking the period and inserting ‘‘;

7 and’’; and

8 (6) by adding at the end the following new

9 paragraph:

10 ‘‘(7) in strengthening, supplementing, and ex11 panding efforts to address the problem of illiteracy

12 throughout the United States.’’.

13 (b) RECRUITMENT PROCEDURES.—Section 103(b)

14 (42 U.S.C. 4953(b)) is amended—

15 (1) in paragraph (2)—

16 (A) by amending subparagraph (A) to read

17 as follows:

18 ‘‘(2)(A) The Director shall establish and maintain

19 within the national headquarters of the ACTION Agency

20 (or any successor entity of such agency) a volunteer place21 ment office which shall be responsible for all functions re22 lated to the recruitment and placement of volunteers

23 under this part. Such functions and activities shall be car24 ried out in coordination or in conjunction with recruitment
263

•HR 2010 EH

1 and placement activities carried out under the National

2 Service Trust Act of 1993.’’;

3 (B) by striking subparagraph (C); and

4 (C) by redesignating subparagraph (D) as

5 subparagraph (C);

6 (2) by striking paragraphs (4) and (6); and

7 (3) by redesignating paragraphs (5) and (7) as

8 paragraphs (4) and (6), respectively.

9 (c) PUBLIC AWARENESS AND RECRUITMENT.—Sub10 section (c) of section 103 (42 U.S.C. 4953(c)) is amend11 ed—

12 (1) in paragraph (1)—

13 (A) in the 1st sentence by striking ‘‘re14 gional or State employees designated in sub15 paragraphs (C) and (D) of subsection (b)(2)’’

16 and inserting ‘‘personnel described in sub17 section (b)(2)(C)’’;

18 (B) in the 2nd sentence, by striking ‘‘shall

19 include’’ and inserting ‘‘may include’’;

20 (C) by redesignating subparagraphs (F)

21 and (G) as subparagraphs (G) and (H), respec22 tively; and

23 (D) by inserting after subparagraph (E)

24 the following new subparagraph:
264

•HR 2010 EH

1 ‘‘(F) publicizing educational awards avail2 able under the National Service Trust Act of

3 1993;’’;

4 (2) by striking paragraphs (4) and (5); and

5 (3) by redesignating paragraph (6) as para6 graph (4).

7 (d) COORDINATION WITH OTHER FEDERAL AGEN8 CIES.—Section 103 (42 U.S.C. 4953) is amended by add9 ing at the end the following new subsection:

10 ‘‘(h) The Director is encouraged to enter into agree11 ments with other Federal agencies to use VISTA volun12 teers in furtherance of program objectives that are consist13 ent with the purposes described in section 101.’’.

14 SEC. 323. TERMS AND PERIODS OF SERVICE.

15 (a) CLARIFICATION AND PERIODS OF SERVICE.—

16 Subsection (b) of section 104 (42 U.S.C. 4954(b)) is

17 amended to read as follows:

18 ‘‘(b)(1) Volunteers serving under this part may be en19 rolled initially for periods of service of not less than 1 year,

20 nor more than 2 years, except as provided in paragraph

21 (2) or subsection (e).

22 ‘‘(2) Volunteers serving under this part may be en23 rolled for periods of service of less than 1 year if the Direc24 tor determines, on an individual basis, that a period of
265

•HR 2010 EH

1 service of less than 1 year is necessary to meet a critical

2 scarce skill need.

3 ‘‘(3) Volunteers serving under this part may be

4 reenrolled for periods of service in a manner to be deter5 mined by the Director. No volunteer shall serve for more

6 than a total of 5 years under this part.’’.

7 (b) SUMMER PROGRAM.—Section 104 (42 U.S.C.

8 4954) is amended by adding at the end the following new

9 subsection:

10 ‘‘(e)(1) Notwithstanding any other provision of this

11 part, the Director may enroll full-time VISTA summer as12 sociates in a program for the summer months only, under

13 such terms and conditions as the Director shall determine

14 to be appropriate. Such individuals shall be assigned to

15 projects that meet the criteria set forth in section 103(a).

16 ‘‘(2) In preparing reports relating to programs under

17 this Act, the Director shall report on participants, costs,

18 and accomplishments under the summer program sepa19 rately.

20 ‘‘(3) The limitation on funds appropriated for grants

21 and contracts, as contained in section 108, shall not apply

22 to the summer program.’’.

23 SEC. 324. SUPPORT FOR VISTA VOLUNTEERS.

24 (a) POSTSERVICE STIPEND.—Section 105(a)(1) (42

25 U.S.C. 4955(a)(1)) is amended—
266

•HR 2010 EH

1 (1) by inserting ‘‘(A)’’ after ‘‘(a)(1)’’; and

2 (2) by striking the second sentence and insert3 ing the following:

4 ‘‘(B) Such stipend shall not exceed $95 per month

5 in fiscal year 1994, but shall be set at a minimum of $100

6 per month during the service of the volunteer after Oc7 tober 1, 1994. The Director may provide a stipend of a

8 maximum of $200 per month in the case of persons who

9 have served as volunteers under this part for at least 1

10 year and who, in accordance with standards established

11 in such regulations as the Director shall prescribe, have

12 been designated volunteer leaders on the basis of experi13 ence and special skills and a demonstrated leadership

14 among volunteers.

15 ‘‘(C) The Director shall not provide a stipend under

16 this subsection to an individual who elects to receive a na17 tional service education award under subtitle D of title I

18 of the National and Community Service Act of 1990.’’.

19 (b) SUBSISTENCE ALLOWANCE.—Section 105(b) (42

20 U.S.C. 4955(b)) is amended—

21 (1) in paragraph (3)—

22 (A) by striking subparagraph (A);

23 (B) in subparagraph (B), by striking the

24 subparagraph designation; and
267

•HR 2010 EH

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

2 sentence: ‘‘The Director shall review such ad3 justments on an annual basis to ensure that the

4 adjustments are current.’’; and

5 (2) by striking paragraph (4).

6 SEC. 325. PARTICIPATION OF YOUNGER AND OLDER PER7 SONS.

8 Section 107 (42 U.S.C. 4957) is amended to read as

9 follows:

10 ‘‘SEC. 107. PARTICIPATION OF YOUNGER AND OLDER PER11 SONS.

12 ‘‘In carrying out this part and part C, the Director

13 shall take necessary steps, including the development of

14 special projects, where appropriate, to encourage the full15 est participation of individuals 18 through 27 years of age,

16 and individuals 55 years of age and older, in the various

17 programs and activities authorized under such parts.’’.

18 SEC. 326. LITERACY ACTIVITIES.

19 Section 109 (42 U.S.C. 4959) is amended—

20 (1) in subsection (g)—

21 (A) by striking paragraph (1); and

22 (B) by striking the paragraph designation

23 of paragraph (2); and

24 (2) in subsection (h)—
268

•HR 2010 EH

1 (A) in paragraph (1) by striking ‘‘para2 graphs (2) and (3)’’ and inserting ‘‘paragraph

3 (2)’’; and

4 (B) by striking paragraph (3).

5 SEC. 327. APPLICATIONS FOR ASSISTANCE.

6 Section 110 (42 U.S.C. 4960) is amended to read as

7 follows:

8 ‘‘SEC. 110. APPLICATIONS FOR ASSISTANCE.

9 ‘‘In reviewing an application for assistance under this

10 part, the Director shall not deny such assistance to any

11 project or program, or any public or private nonprofit or12 ganization, solely on the basis of the duration of the assist13 ance such project, program, or organization has received

14 under this part prior to the date of submission of the ap15 plication. The Director shall grant assistance under this

16 part on the basis of merit and to accomplish the goals

17 of the VISTA program, and shall consider the needs and

18 requirements of projects in existence on such date as well

19 as potential new projects.’’.

20 SEC. 328. REPEAL OF AUTHORITY FOR STUDENT COMMU21 NITY SERVICE PROGRAMS.

22 Part B of title I (42 U.S.C. 4971 et seq.) is amended

23 by repealing section 114 (42 U.S.C. 4974).
269

•HR 2010 EH

1 SEC. 329. UNIVERSITY YEAR FOR VISTA.

2 (a) PROGRAM TITLE.—Part B of title I (42 U.S.C.

3 4971 et seq.) is amended—

4 (1) in the part heading to read as follows:

5 ‘‘PART B—UNIVERSITY YEAR FOR VISTA’’;

6 (2) by striking ‘‘University Year for ACTION’’

7 each place that such term appears in such part and

8 inserting ‘‘University Year for VISTA’’;

9 (3) by striking ‘‘UYA’’ each place that such

10 term appears in such part and inserting ‘‘UYV’’;

11 and

12 (4) in section 112 (42 U.S.C. 4972) by striking

13 the section heading and inserting the following new

14 section heading:

15 ‘‘AUTHORITY TO OPERATE UNIVERSITY YEAR FOR VISTA

16 PROGRAM’’.

17 (b) SPECIAL CONDITIONS.—Section 113(a) (42

18 U.S.C. 4973(a)) is amended—

19 (1) by striking ‘‘of not less than the duration

20 of an academic year’’ and inserting ‘‘of not less than

21 the duration of an academic semester or its equiva22 lent’’; and

23 (2) by adding at the end the following new sen24 tence: ‘‘Volunteers may receive a living allowance

25 and such other support or allowances as the Director

26 determines to be appropriate.’’.
270

•HR 2010 EH

1 SEC. 330. AUTHORITY TO ESTABLISH AND OPERATE SPE2 CIAL VOLUNTEER AND DEMONSTRATION

3 PROGRAMS.

4 Section 122 (42 U.S.C. 4992) is amended to read as

5 follows:

6 ‘‘SEC. 122. AUTHORITY TO ESTABLISH AND OPERATE SPE7 CIAL VOLUNTEER AND DEMONSTRATION

8 PROGRAMS.

9 ‘‘(a) IN GENERAL.—The Director is authorized to

10 conduct special volunteer programs for demonstration pro11 grams, or award grants to or enter into contracts with

12 public or nonprofit organizations to carry out such pro13 grams. Such programs shall encourage wider volunteer

14 participation on a full-time, part-time, or short-term basis

15 to further the purpose of this part, and identify particular

16 segments of the poverty community that could benefit

17 from volunteer and other antipoverty efforts.

18 ‘‘(b) ASSIGNMENT AND SUPPORT OF VOLUNTEERS.—

19 The assignment of volunteers under this section, and the

20 provision of support for such volunteers, including any

21 subsistence allowances and stipends, shall be on such

22 terms and conditions as the Director shall determine to

23 be appropriate, but shall not exceed the level of support

24 provided under section 105. Projects using volunteers who

25 do not receive stipends may also be supported under this

26 section.
271

•HR 2010 EH

1 ‘‘(c) CRITERIA AND PRIORITIES.—In carrying out

2 this section and section 123, the Director shall establish

3 criteria and priorities for awarding grants and entering

4 into contracts under this part in each fiscal year. No grant

5 or contract exceeding $100,000 shall be made under this

6 part unless the recipient of the grant or contractor has

7 been selected by a competitive process that includes public

8 announcement of the availability of funds for such grant

9 or contract, general criteria for the selection of recipients

10 or contractors, and a description of the application process

11 and application review process.’’.

12 SEC. 331. TECHNICAL AND FINANCIAL ASSISTANCE.

13 Section 123 (42 U.S.C. 4993) is amended to read as

14 follows:

15 ‘‘SEC. 123. TECHNICAL AND FINANCIAL ASSISTANCE.

16 ‘‘The Director may provide technical and financial as17 sistance to Federal agencies, State and local governments

18 and agencies, private nonprofit organizations, employers,

19 and other private organizations that utilize or desire to

20 utilize volunteers in carrying out the purpose of this

21 part.’’.

22 SEC. 332. ELIMINATION OF SEPARATE AUTHORITY FOR

23 DRUG ABUSE PROGRAMS.

24 Section 124 (42 U.S.C. 4994) is repealed.
272

•HR 2010 EH

1 CHAPTER 2—NATIONAL SENIOR

2 VOLUNTEER CORPS

3 SEC. 341. NATIONAL SENIOR VOLUNTEER CORPS.

4 (a) TITLE HEADING.—The heading for title II is

5 amended to read as follows:

6 ‘‘TITLE II—NATIONAL SENIOR VOLUNTEER

7 CORPS’’.

8 (b) REFERENCES.—

9 (1) Section 200(1) (42 U.S.C. 5000(1)) is

10 amended by striking ‘‘Older American Volunteer

11 Programs’’ and inserting ‘‘National Senior Volunteer

12 Corps’’.

13 (2) The heading for section 221 (42 U.S.C.

14 5021) is amended by striking ‘‘OLDER AMERICAN

15 VOLUNTEER PROGRAMS’’ and inserting ‘‘NATIONAL

16 SENIOR VOLUNTEER CORPS’’.

17 (3) Section 224 (42 U.S.C. 5024) is amended—

18 (A) in the section heading by striking

19 ‘‘OLDER AMERICAN VOLUNTEER PROGRAMS’’

20 and inserting ‘‘NATIONAL SENIOR VOLUNTEER

21 CORPS’’; and

22 (B) by striking ‘‘volunteer projects for

23 Older Americans’’ and inserting ‘‘National Sen24 ior Volunteer Corps projects’’.
273

•HR 2010 EH

1 (4) Section 205(c) of the Older Americans

2 Amendments of 1975 (Public Law 94–135; 89 Stat.

3 727; 42 U.S.C. 5001 note) is amended by striking

4 ‘‘national older American volunteer programs’’ each

5 place the term appears and inserting ‘‘National Sen6 ior Volunteer Corps programs’’.

7 SEC. 342. THE RETIRED AND SENIOR VOLUNTEER PRO8 GRAM.

9 (a) PART HEADING.—The heading for part A of title

10 II is amended by striking ‘‘RETIRED SENIOR VOLUNTEER

11 PROGRAM’’ and inserting ‘‘RETIRED AND SENIOR VOLUN12 TEER PROGRAM’’.

13 (b) REFERENCES.—Section 200 (42 U.S.C. 5000) is

14 amended by striking ‘‘retired senior volunteer program’’

15 each place that such term appears in such section and the

16 Act and inserting ‘‘Retired and Senior Volunteer Pro17 gram’’.

18 SEC. 343. OPERATION OF THE RETIRED AND SENIOR VOL19 UNTEER PROGRAM.

20 Section 201(a) (42 U.S.C. 5001(a)) is amended—

21 (1) in the matter preceding paragraph (1) by

22 striking ‘‘retired persons’’ and inserting ‘‘retired in23 dividuals and working older individuals’’; and

24 (2) in paragraph (2)—
274

•HR 2010 EH

1 (A) by striking ‘‘aged sixty or over’’ and

2 inserting ‘‘55 years of age or older’’; and

3 (B) by inserting ‘‘, and individuals 60

4 years of age or older will be given priority for

5 enrollment,’’ after ‘‘enrolled’’.

6 SEC. 344. SERVICES UNDER THE FOSTER GRANDPARENT

7 PROGRAM.

8 Section 211(a) (42 U.S.C. 5011(a)) is amended by

9 striking ‘‘, including services’’ and all that follows through

10 ‘‘with special needs.’’ and inserting a period and the fol11 lowing: ‘‘Such services may include services by individuals

12 serving as foster grandparents to children with disabilities

13 and chronic health conditions and to children who are re14 ceiving care in hospitals, who are residing in homes for

15 dependent and neglected children, or who are receiving

16 services provided by day care centers, schools, Head Start

17 agencies, early intervention programs, family support pro18 grams, or other programs, establishments, or institutions

19 providing services for children with special or exceptional

20 needs. Individual foster grandparents may provide person21 to-person services to one or more children, depending on

22 the need for such services.’’.

23 SEC. 345. STIPENDS FOR LOW-INCOME VOLUNTEERS.

24 Section 211(d) (42 U.S.C. 5011(d)) is amended—
275

•HR 2010 EH

1 (1) in the second sentence by striking ‘‘Any sti2 pend or allowance provided under this subsection

3 shall not be less than $2.20 per hour until October

4 1, 1990, $2.35 per hour during fiscal year 1991,

5 and $2.50 per hour on and after October 1, 1992,’’

6 and inserting ‘‘Any stipend or allowance provided

7 under this section shall not be less than $2.45 per

8 hour on and after October 1, 1993, and shall be ad9 justed once prior to December 31, 1997, to account

10 for inflation, as determined by the Director and

11 rounded to the nearest five cents,’’; and

12 (2) by adding at the end the following:

13 ‘‘In establishing the amount of, and the effective date for,

14 such adjustment, the Director, in consultation with the

15 State commissions (as defined in section 178 of the Na16 tional and Community Service Act of 1990) and the heads

17 of the State offices established under section 195 of such

18 Act, shall consider the effect such adjustment will have

19 on the ability of non-Federally funded volunteer programs

20 similar to the programs under this title to maintain their

21 current level of volunteer hours.’’.

22 SEC. 346. CONDITIONS OF GRANTS AND CONTRACTS.

23 Section 212(a) (42 U.S.C. 5012(a)) is amended—

24 (1) by striking paragraph (1), and

25 (2) in paragraph (2)—
276

•HR 2010 EH

1 (A) by striking ‘‘(2)(A)’’ and inserting

2 ‘‘(1)’’,

3 (B) in paragraph (1), as so redesignated—

4 (i) by redesignating clauses (i) and

5 (ii) as subparagraphs (A) and (B), respec6 tively; and

7 (ii) by redesignating subclauses (I)

8 and (II) as clauses (i) and (ii), respec9 tively; and

10 (C) by striking ‘‘(B)’’ and inserting ‘‘(2)’’.

11 SEC. 347. AGREEMENTS WITH OTHER FEDERAL AGENCIES.

12 (a) PROMOTION.—Section 221(a) (42 U.S.C.

13 5021(a)) is amended—

14 (1) by striking ‘‘(a)’’ and inserting ‘‘(a)(1)’’;

15 and

16 (2) by adding at the end the following:

17 ‘‘(2) To the maximum extent practicable, the Direc18 tor shall enter into agreements with—

19 ‘‘(A) the Department of Health and Human

20 Services to—

21 ‘‘(i) involve retired and senior volunteers,

22 and foster grandparents, in Head Start pro23 grams;

24 ‘‘(ii) involve retired and senior volunteers,

25 and senior companions, in providing services
277

•HR 2010 EH

1 authorized by title III of the Older Americans

2 Act of 1965; and

3 ‘‘(iii) promote the recognition of such vol4 unteers who are qualified to provide in-home

5 services for reimbursement under title XVIII of

6 the Social Security Act for providing such serv7 ices;

8 ‘‘(B) the Department of Education to promote

9 intergenerational tutoring and mentoring for at-risk

10 children; and

11 ‘‘(C) the Environmental Protection Agency to

12 support conservation efforts.’’.

13 (b) MINIMUM EXPENDITURE.—Section 221(b)(3) (42

14 U.S.C. 5021(b)(3)) is amended by striking ‘‘$250,000’’

15 and inserting ‘‘$500,000’’.

16 SEC. 348. MINORITY GROUP PARTICIPATION.

17 Section 223 (42 U.S.C. 5023) is amended by adding

18 at the end the following:

19 ‘‘Such efforts shall include using methods appropriate to

20 communicate with individuals who have limited English

21 proficiency.’’.

22 SEC. 349. PROGRAMS OF NATIONAL SIGNIFICANCE.

23 Section 225 (42 U.S.C. 5025) is amended—
278

•HR 2010 EH

1 (1) in subsection (a)(2)(B) by striking ‘‘para2 graph (10)’’ and inserting ‘‘paragraphs (10), (12),

3 (15), and (16)’’;

4 (2) in subsection (b), by adding at the end the

5 following new paragraphs:

6 ‘‘(12) Programs that address environmental

7 needs.

8 ‘‘(13) Programs that reach out to organizations

9 (such as labor unions and profit-making organiza10 tions) not previously involved in addressing national

11 problems of local concern.

12 ‘‘(14) Programs that provide for outreach to in13 crease participation of members of ethnic groups

14 who have limited English proficiency.

15 ‘‘(15) Programs that support criminal justice

16 activities and juvenile justice activities.

17 ‘‘(16) Programs that involve older volunteers

18 working with young people in apprenticeship pro19 grams.

20 ‘‘(17) Programs that support the community in21 tegration of individuals with disabilities.

22 ‘‘(18) Programs that provide health, education,

23 and welfare services that augment the activities of

24 State and local agencies, to be carried out in a fiscal

25 year for which the aggregate amount of funds avail-
279

•HR 2010 EH

1 able to such agencies is not less than the annual av2 erage aggregate amount of funds available to such

3 agencies for the period of 3 fiscal years preceding

4 such fiscal year.’’;

5 (3) in subsection (c)(1), by striking ‘‘under this

6 title’’; and

7 (4) in subsection (d), by striking paragraph (1)

8 and inserting the following new paragraph:

9 ‘‘(1) Except as provided in paragraph (2), from the

10 amounts appropriated under subsection (a), (b), (c), or (d)

11 of section 502, for each fiscal year there shall be available

12 to the Director such sums as may be necessary to make

13 grants under subsection (a).’’.

14 SEC. 350. DEMONSTRATION PROGRAMS.

15 Title II is amended by adding at the end the follow16 ing:

17 ‘‘PART E—DEMONSTRATION PROGRAMS

18 ‘‘SEC. 231. AUTHORITY OF DIRECTOR.

19 ‘‘(a) IN GENERAL.—The Director is authorized to

20 make grants to or enter into contracts with public or non21 profit private agencies and organizations, including orga22 nizations funded under part A, B, or C, for the purposes

23 of demonstrating innovative activities involving older indi24 viduals as volunteers. The Director may support under
280

•HR 2010 EH

1 this part both volunteers receiving stipends and volunteers

2 not receiving stipends.

3 ‘‘(b) ACTIVITIES.—An organization that receives a

4 grant or enters into a contract under subsection (a) may

5 use funds made available through the grant or contract

6 for activities such as—

7 ‘‘(1) linking youth groups, and organizations

8 whose members are older individuals, in volunteer

9 activities;

10 ‘‘(2) involving older volunteers in programs and

11 activities different from those currently supported in

12 the community; and

13 ‘‘(3) testing whether programs for older volun14 teers may contribute to achieving new objectives or

15 to carrying out certain national priorities.’’.

16 CHAPTER 3—ADMINISTRATION

17 SEC. 361. PURPOSE OF AGENCY.

18 Section 401 (42 U.S.C. 5041) is amended—

19 (1) by inserting after the first sentence the fol20 lowing: ‘‘This Agency shall also promote the coordi21 nation of volunteer efforts among Federal, State,

22 and local agencies and organizations, exchange tech23 nical assistance information among them, and pro24 vide technical assistance to other nations concerning
281

•HR 2010 EH

1 domestic volunteer programs within their coun2 tries.’’; and

3 (2) by striking ‘‘Older American Volunteer Pro4 grams’’ each place the term appears and inserting

5 ‘‘National Senior Volunteer Corps’’.

6 SEC. 362. AUTHORITY OF THE DIRECTOR.

7 Section 402 (42 U.S.C. 5042) is amended in para8 graphs (5) and (6) by inserting ‘‘solicit and’’ before ‘‘ac9 cept’’ in each such paragraph.

10 SEC. 362A. POLITICAL ACTIVITIES.

11 Section 403 (42 U.S.C. 5043) is amended—

12 (1) by redesignating subsections (b)(2) and (c)

13 as subsections (c) and (d), respectively;

14 (2) in subsection (c), as so redesignated, by re15 designating subparagraphs (A) and (B) as para16 graphs (1) and (2), respectively; and

17 (3) by striking subsection (b)(1) and inserting

18 the following:

19 ‘‘(b)(1) Programs assisted under this Act shall not

20 be carried on in a manner involving the use of funds, the

21 provision of services, or the employment or assignment of

22 personnel in a manner supporting or resulting in the iden23 tification of such programs with—

24 ‘‘(A) any partisan or nonpartisan political activ25 ity associated with a candidate, or a contending fac-
282

•HR 2010 EH

1 tion or group, in an election for public or party of2 fice;

3 ‘‘(B) any activity to provide voters or prospec4 tive voters with transportation to the polls or similar

5 assistance in connection with any such election; or

6 ‘‘(C) any voter registration activity;

7 except that programs assisted under this Act may make

8 voter registration applications and nonpartisan voter reg9 istration information available to the public on the prem10 ises of such programs.

11 ‘‘(2) In carrying out any voter registration activity

12 permitted under paragraph (1), an individual who is affili13 ated with, or employed to carry out, a program assisted

14 under this Act shall not—

15 ‘‘(A) indicate a preference with respect to any

16 candidate, political party, or election issue; or

17 ‘‘(B) seek to influence the political or party af18 filiation, or voting decision, of any individual.’’.

19 SEC. 363. COMPENSATION FOR VOLUNTEERS.

20 Section 404 (42 U.S.C. 5044) is amended—

21 (1) in subsection (c), by inserting ‘‘from such

22 volunteers or from beneficiaries’’ after ‘‘compensa23 tion’’;

24 (2) by striking subsection (f); and
283

•HR 2010 EH

1 (3) by redesignating subsection (g) as sub2 section (f).

3 SEC. 364. REPEAL OF REPORT.

4 Section 407 (42 U.S.C. 5047) is repealed.

5 SEC. 365. APPLICATION OF FEDERAL LAW.

6 Section 415(b)(4)(A) (42 U.S.C. 5055(b)(4)(A)) is

7 amended by striking ‘‘a grade GS–7 employee’’ and insert8 ing ‘‘an employee at grade GS–5 of the General Schedule

9 under section 5332 of title 5, United States Code’’.

10 SEC. 366. NONDISCRIMINATION PROVISIONS.

11 Section 417 (42 U.S.C. 5057) is amended to read as

12 follows:

13 ‘‘SEC. 417. NONDISCRIMINATION PROVISIONS.

14 ‘‘(a) IN GENERAL.—

15 ‘‘(1) BASIS.—An individual with responsibility

16 for the operation of a program that receives assist17 ance under this Act shall not discriminate against a

18 participant in, or member of the staff of, such pro19 gram on the basis of race, color, national origin, sex,

20 age, or political affiliation of such participant or

21 member, or on the basis of disability, if the partici22 pant or member is a qualified individual with a dis23 ability.

24 ‘‘(2) DEFINITION.—As used in paragraph (1),

25 the term ‘qualified individual with a disability’ has
284

•HR 2010 EH

1 the meaning given the term in section 101(8) of the

2 Americans with Disabilities Act of 1990 (42 U.S.C.

3 12111(8)).

4 ‘‘(b) FEDERAL FINANCIAL ASSISTANCE.—Any assist5 ance provided under this Act shall constitute Federal fi6 nancial assistance for purposes of title VI of the Civil

7 Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX

8 of the Education Amendments of 1972 (20 U.S.C. 1681

9 et seq.), section 504 of the Rehabilitation Act of 1973 (29

10 U.S.C. 794), and the Age Discrimination Act of 1975 (42

11 U.S.C. 6101 et seq.).

12 ‘‘(c) RELIGIOUS DISCRIMINATION.—

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), an individual with responsibility for the

15 operation of a program that receives assistance

16 under this Act shall not discriminate on the basis of

17 religion against a participant in such program or a

18 member of the staff of such program who is paid

19 with funds received under this Act.

20 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

21 apply to the employment, with assistance provided

22 under this Act, of any member of the staff, of a pro23 gram that receives assistance under this Act, who

24 was employed with the organization operating the
285

•HR 2010 EH

1 program on the date the grant under this Act was

2 awarded.

3 ‘‘(d) RULES AND REGULATIONS.—The Director shall

4 promulgate rules and regulations to provide for the en5 forcement of this section that shall include provisions for

6 summary suspension of assistance for not more than 30

7 days, on an emergency basis, until notice and an oppor8 tunity to be heard can be provided.’’.

9 SEC. 367. ELIMINATION OF SEPARATE REQUIREMENTS FOR

10 SETTING REGULATIONS.

11 Section 420 (42 U.S.C. 5060) is repealed.

12 SEC. 368. CLARIFICATION OF ROLE OF INSPECTOR GEN13 ERAL.

14 Section 422 (42 U.S.C. 5062) is amended—

15 (1) in subsection (a), by inserting ‘‘or the In16 spector General’’ after ‘‘Director’’; and

17 (2) in subsection (b), by inserting ‘‘, the Inspec18 tor General,’’ after ‘‘Director’’ each place that such

19 term appears.

20 SEC. 369. COPYRIGHT PROTECTION.

21 Title IV is amended by adding at the end, the follow22 ing new section:

23 ‘‘SEC. 425. PROTECTION AGAINST IMPROPER USE.

24 ‘‘Whoever falsely—

25 ‘‘(1) advertises or represents; or
286

•HR 2010 EH

1 ‘‘(2) publishes or displays any sign, symbol, or

2 advertisement, reasonably calculated to convey the

3 impression,

4 that an entity is affiliated with, funded by, or operating

5 under the authority of ACTION, VISTA, or any of the

6 programs of the National Senior Volunteer Corps may be

7 enjoined under an action filed by the Attorney General,

8 on a complaint by the Director.’’.

9 SEC. 372. DEPOSIT REQUIREMENT CREDIT FOR SERVICE AS

10 A VOLUNTEER.

11 (a) CIVIL SERVICE RETIREMENT SYSTEM.—

12 (1) CREDITABLE SERVICE.—Section 8332(j) of

13 title 5, United States Code, is amended—

14 (A) in paragraph (1)—

15 (i) in the first sentence, by inserting

16 ‘‘the period of an individual’s service as a

17 full-time volunteer enrolled in a program of

18 at least 1 year’s duration under part A, B,

19 or C of title I of the Domestic Volunteer

20 Service Act of 1973,’’ after ‘‘Economic Op21 portunity Act of 1964,’’;

22 (ii) in the second sentence, by insert23 ing ‘‘, as a full-time volunteer enrolled in

24 a program of at least 1 year’s duration

25 under part A, B, or C of title I of the Do-
287

•HR 2010 EH

1 mestic Volunteer Service Act of 1973,’’

2 after ‘‘Economic Opportunity Act of

3 1964’’; and

4 (iii) in the last sentence—

5 (I) by inserting ‘‘or under part

6 A, B, or C of title I of the Domestic

7 Volunteer Service Act of 1973’’ after

8 ‘‘Economic Opportunity Act of 1964’’;

9 and

10 (II) by inserting ‘‘or the Chair11 person of the Corporation for Na12 tional Service, as appropriate,’’ after

13 ‘‘Director of the Office of Economic

14 Opportunity’’; and

15 (B) by adding at the end the following new

16 paragraph:

17 ‘‘(3) The provisions of paragraph (1) relating to cred18 it for service as a volunteer or volunteer leader under the

19 Economic Opportunity Act of 1964, part A, B, or C of

20 title I of the Domestic Volunteer Service Act of 1973, or

21 the Peace Corps Act shall not apply to any period of serv22 ice as a volunteer or volunteer leader of an employee or

23 Member with respect to which the employee or Member

24 has made the deposit with interest, if any, required by sec25 tion 8334(l).’’.
288

•HR 2010 EH

1 (2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS2 ITS.—

3 (A) IN GENERAL.—Section 8334 of title 5,

4 United States Code, is amended by adding at

5 the end the following new subsection:

6 ‘‘(l)(1) Each employee or Member who has performed

7 service as a volunteer or volunteer leader under part A

8 of title VIII of the Economic Opportunity Act of 1964,

9 as a full-time volunteer enrolled in a program of at least

10 1 year’s duration under part A, B, or C of title I of the

11 Domestic Volunteer Service Act of 1973, or as a volunteer

12 or volunteer leader under the Peace Corps Act before the

13 date of the separation on which the entitlement to any

14 annuity under this subchapter is based may pay, in ac15 cordance with such regulations as the Office of Personnel

16 Management shall issue, an amount equal to 7 percent

17 of the readjustment allowance paid to the employee or

18 Member under title VIII of the Economic Opportunity Act

19 of 1964 or section 5(c) or 6(1) of the Peace Corps Act

20 or the stipend paid to the employee or Member under part

21 A, B, or C of title I of the Domestic Volunteer Service

22 Act of 1973, for each period of service as such a volunteer

23 or volunteer leader.

24 ‘‘(2) Any deposit made under paragraph (1) more

25 than 2 years after the later of—
289

•HR 2010 EH

1 ‘‘(A) October 1, 1993; or

2 ‘‘(B) the date on which the employee or Mem3 ber making the deposit first becomes an employee or

4 Member,

5 shall include interest on such amount computed and

6 compounded annually beginning on the date of the expira7 tion of the 2-year period. The interest rate that is applica8 ble in computing interest in any year under this paragraph

9 shall be equal to the interest rate that is applicable for

10 such year under subsection (e).

11 ‘‘(3) The Director of the Peace Corps and the Chair12 person of the Corporation for National Service shall fur13 nish such information to the Office of Personnel Manage14 ment as the Office may determine to be necessary for the

15 administration of this subsection.’’.

16 (B) CONFORMING AMENDMENT.—Section

17 8334(e) of title 5, United States Code, is

18 amended in paragraphs (1) and (2) by striking

19 ‘‘or (k)’’ each place that such term appears and

20 inserting ‘‘(k), or (l)’’.

21 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

22 (1) CREDITABLE SERVICE.—Section 8411 of

23 title 5, United States Code, is amended—
290

•HR 2010 EH

1 (A) in subsection (b)(3), by striking ‘‘sub2 section (f)’’ and inserting ‘‘subsection (f) or

3 (h)’’; and

4 (B) by adding at the end the following new

5 subsection:

6 ‘‘(h) An employee or Member shall be allowed credit

7 for service as a volunteer or volunteer leader under part

8 A of title VIII of the Economic Opportunity Act of 1964,

9 as a full-time volunteer enrolled in a program of at least

10 1 year’s duration under part A, B, or C of title I of the

11 Domestic Volunteer Service Act of 1973, or as a volunteer

12 or volunteer leader under the Peace Corps Act performed

13 at any time prior to the separation on which the entitle14 ment to any annuity under this subchapter is based if the

15 employee or Member has made a deposit with interest, if

16 any, with respect to such service under section 8422(f).’’.

17 (2) DEDUCTIONS, CONTRIBUTIONS.—Section

18 8422 of title 5, United States Code, is amended by

19 adding at the end the following new subsection:

20 ‘‘(f)(1) Each employee or Member who has performed

21 service as a volunteer or volunteer leader under part A

22 of title VIII of the Economic Opportunity Act of 1964,

23 as a full-time volunteer enrolled in a program of at least

24 1 year’s duration under part A, B, or C of title I of the

25 Domestic Volunteer Service Act of 1973, or as a volunteer
291

•HR 2010 EH

1 or volunteer leader under the Peace Corps Act before the

2 date of the separation on which the entitlement to any

3 annuity under this subchapter, or subchapter V of this

4 chapter, is based may pay, in accordance with such regula5 tions as the Office of Personnel Management shall issue,

6 an amount equal to 3 percent of the readjustment allow7 ance paid to the employee or Member under title VIII of

8 the Economic Opportunity Service Act of 1964 or section

9 5(c) or 6(1) of the Peace Corps Act or the stipend paid

10 to the employee or Member under part A, B, or C of title

11 I of the Domestic Volunteer Service Act of 1973, for each

12 period of service as such a volunteer or volunteer leader.

13 ‘‘(2) Any deposit made under paragraph (1) more

14 than 2 years after the later of—

15 ‘‘(A) October 1, 1993, or

16 ‘‘(B) the date on which the employee or Mem17 ber making the deposit first becomes an employee or

18 Member,

19 shall include interest on such amount computed and

20 compounded annually beginning on the date of the expira21 tion of the 2-year period. The interest rate that is applica22 ble in computing interest in any year under this paragraph

23 shall be equal to the interest rate that is applicable for

24 such year under section 8334(e).
292

•HR 2010 EH

1 ‘‘(3) The Director of the Peace Corps and the Chair2 person of the Corporation for National Service shall fur3 nish such information to the Office of Personnel Manage4 ment as the Office may determine to be necessary for the

5 administration of this subsection.’’.

6 (c) APPLICABILITY AND OTHER PROVISIONS.—

7 (1) APPLICABILITY.—

8 (A) AMENDMENTS RELATING TO CSRS.—

9 (i) IN GENERAL.—The amendments

10 made by subsection (a) shall apply with re11 spect to any individual entitled to an annu12 ity on the basis of a separation from serv13 ice occurring on or after the effective date

14 of this subtitle.

15 (ii) RULES RELATING TO ANNUITIES

16 BASED ON EARLIER SEPARATIONS.—An

17 annuity under subchapter III of chapter 83

18 of title 5, United States Code, payable to

19 an individual based on a separation from

20 service occurring before the effective date

21 of this subtitle shall be subject to the pro22 visions of paragraph (2).

23 (B) AMENDMENTS RELATING TO FERS.—

24 (i) IN GENERAL.—The amendments

25 made by subsection (b) shall apply with re-
293

•HR 2010 EH

1 spect to any individual entitled to an annu2 ity on the basis of a separation from serv3 ice occurring before, on, or after the effec4 tive date of this subtitle, subject to clause

5 (ii).

6 (ii) RULE RELATING TO ANNUITIES

7 BASED ON EARLIER SEPARATIONS.—In the

8 case of any individual whose entitlement to

9 an annuity is based on a separation from

10 service occurring before the effective date

11 of this subtitle, any increase in such indi12 vidual’s annuity on the basis of a deposit

13 made under section 8442(f) of title 5,

14 United States Code, as amended by sub15 section (b)(2), shall be effective beginning

16 with the annuity payment payable for the

17 first calendar month beginning after the

18 effective date of this subtitle.

19 (2) SPECIAL RULES.—

20 (A) OLD-AGE OR SURVIVORS INSURANCE

21 BENEFITS.—Subject to subparagraph (B), in

22 any case in which an individual described in

23 paragraph (1)(A)(ii) is also entitled to old-age

24 or survivors insurance benefits under section

25 202 of the Social Security Act (or would be en-
294

•HR 2010 EH

1 titled to such benefits upon filing an application

2 therefor), the amount of the annuity to which

3 such individual is entitled under subchapter III

4 of chapter 83 of title 5, United States Code

5 (after taking into account any creditable service

6 as a volunteer or volunteer leader under the

7 Economic Opportunity Act of 1964, the Domes8 tic Volunteer Service Act of 1973, or the Peace

9 Corps Act) which is payable for any month

10 shall be reduced by an amount determined by

11 multiplying the amount of such old-age or sur12 vivors insurance benefit for the determination

13 month by a fraction—

14 (i) the numerator of which is the total

15 of the wages (within the meaning of sec16 tion 209 of the Social Security Act) for

17 service as a volunteer or volunteer leader

18 under the Economic Opportunity Act of

19 1964, the Domestic Volunteer Service Act

20 of 1973, or the Peace Corps Act of such

21 individual credited for years before the cal22 endar year in which the determination

23 month occurs, up to the contribution and

24 benefit base determined under section 230

25 of the Social Security Act (or other appli-
295

•HR 2010 EH

1 cable maximum annual amount referred to

2 in section 215(e)(1) of such Act for each

3 such year); and

4 (ii) the denominator of which is the

5 total of all wages described in clause (i),

6 plus all other wages (within the meaning of

7 section 209 of such Act) and all self-em8 ployment income (within the meaning of

9 section 211(b) of such Act) of such individ10 ual credited for years after 1936 and be11 fore the calendar year in which the deter12 mination month occurs, up to the contribu13 tion and benefit base (or such other

14 amount referred to in section 215(e)(1) of

15 such Act for each such year.

16 (B) LIMITATIONS.—

17 (i) Subparagraph (A) shall not reduce

18 the annuity of an individual below the

19 amount of the annuity which would be pay20 able to the individual for the determination

21 month if the provisions of section 8332(j)

22 of title 5, United States Code, relating to

23 service as a volunteer or volunteer leader,

24 applied to the individual for such month.
296

•HR 2010 EH

1 (ii) Subparagraph (A) shall not apply

2 in the case of an individual who, prior to

3 the date of enactment of this Act, made a

4 deposit for under section 8334(c) of title 5,

5 United States Code, with respect to service

6 as a volunteer or volunteer leader (as de7 scribed in subparagraph (A)).

8 (iii) DETERMINATION MONTH.—For

9 purposes of this paragraph, the term ‘‘de10 termination month’’ means—

11 (I) the first month the individual

12 described in paragraph (1)(A)(ii) is

13 entitled to old-age or survivors bene14 fits under section 202 of the Social

15 Security Act (or would be entitled to

16 such benefits upon filing an applica17 tion therefor); or

18 (II) the first calendar month be19 ginning after the date of enactment of

20 this Act, in the case of any individual

21 entitled to such benefits for such

22 month.

23 (iv) RULE RELATING TO ANNUITIES

24 BASED ON EARLIER SEPARATIONS.—Any

25 increase in an annuity which occurs by vir-
297

•HR 2010 EH

1 tue of the enactment of this paragraph

2 shall be effective beginning with the annu3 ity payment payable for the first calendar

4 month beginning after the effective date of

5 this subtitle.

6 (3) FURNISHING OF INFORMATION.—The Sec7 retary of Health and Human Services shall furnish

8 such information to the Office of Personnel Manage9 ment as may be necessary to carry out this sub10 section.

11 (4) ACTION TO INFORM INDIVIDUALS.—The Di12 rector of the Office of Personnel Management shall

13 take such action as may be necessary and appro14 priate to inform individuals entitled to credit under

15 this section for service as a volunteer or volunteer

16 leader, or to have any annuity recomputed, or to

17 make a deposit under this section, of such entitle18 ment.

19 CHAPTER 4—AUTHORIZATION OF APPRO20 PRIATIONS AND OTHER AMENDMENTS

21 SEC. 381. AUTHORIZATION OF APPROPRIATIONS FOR

22 TITLE I.

23 Section 501 (42 U.S.C. 5081) is amended to read as

24 follows:
298

•HR 2010 EH

1 ‘‘SEC. 501. NATIONAL VOLUNTEER ANTIPOVERTY PRO2 GRAMS.

3 ‘‘(a) AUTHORIZATIONS.—

4 ‘‘(1) VOLUNTEERS IN SERVICE TO AMERICA.—

5 There are authorized to be appropriated to carry out

6 parts A and B of title I, excluding section 109,

7 $56,000,000 for fiscal year 1994, and such sums as

8 may be necessary for each of the fiscal years 1995

9 through 1996.

10 ‘‘(2) LITERACY ACTIVITIES.—There are author11 ized to be appropriated to carry out section 109,

12 such sums as may be necessary for each of the fiscal

13 years 1994 through 1996.

14 ‘‘(3) SPECIAL VOLUNTEER PROGRAMS.—There

15 are authorized to be appropriated to carry out part

16 C of title I, excluding section 125, such sums as may

17 be necessary for each of the fiscal years 1994

18 through 1996.

19 ‘‘(4) LITERACY CHALLENGE GRANTS.—There

20 are authorized to be appropriated to carry out sec21 tion 125, such sums as may be necessary for each

22 of the fiscal years 1994 through 1996.

23 ‘‘(5) SPECIFICATION OF BUDGET FUNCTION.—

24 The authorizations of appropriations contained in

25 this subsection shall be considered to be a compo26 nent of budget function 500 as used by the Office
299

•HR 2010 EH

1 of Management and Budget to cover education,

2 training, employment and social services, and, as

3 such, shall be considered as related to the programs

4 of the Departments of Labor, Health and Human

5 Services, and Education for budgetary purposes.

6 ‘‘(b) SUBSISTENCE.—The minimum level of an allow7 ance for subsistence required under section 105(b)(2), to

8 be provided to each volunteer under title I, may not be

9 reduced or limited in order to provide for an increase in

10 the number of volunteer service years under part A of title

11 I.

12 ‘‘(c) LIMITATION.—No part of the funds appro13 priated to carry out part A of title I may be used to pro14 vide volunteers or assistance to any program or project

15 authorized under part B or C of title I, or under title II,

16 unless the program or project meets the antipoverty cri17 teria of part A of title I.

18 ‘‘(d) AVAILABILITY.—Amounts appropriated for part

19 A of title I shall remain available for obligation until the

20 end of the fiscal year following the fiscal year for which

21 the amounts were appropriated.

22 ‘‘(e) VOLUNTEER SERVICE REQUIREMENT.—

23 ‘‘(1) VOLUNTEER SERVICE YEARS.—Of the

24 amounts appropriated under this section for parts A,

25 B, and C of title I, including section 125, there shall
300

•HR 2010 EH

1 first be available for part A of title I, including sec2 tions 104(e) and 109, an amount not less than the

3 amount necessary to provide 3,700 volunteer service

4 years in fiscal year 1994, 4,000 volunteer service

5 years in fiscal year 1995, and 4,500 volunteer serv6 ice years in fiscal year 1996.

7 ‘‘(2) PLAN.—If the Director determines that

8 funds appropriated to carry out part A, B, and C of

9 title I are insufficient to provide for the years of vol10 unteer service required by paragraph (1), the Direc11 tor shall submit a plan to the relevant authorizing

12 and appropriations committees of Congress that will

13 detail what is necessary to fully meet this require14 ment.’’.

15 SEC. 382. AUTHORIZATION OF APPROPRIATIONS FOR

16 TITLE II.

17 Section 502 (42 U.S.C. 5082) is amended to read as

18 follows:

19 ‘‘SEC. 502. NATIONAL SENIOR VOLUNTEER CORPS.

20 ‘‘(a) RETIRED AND SENIOR VOLUNTEER PRO21 GRAM.—There are authorized to be appropriated to carry

22 out part A of title II, $53,100,000 for fiscal year 1994,

23 and such sums as may be necessary for each of the fiscal

24 years 1995 through 1996.
301

•HR 2010 EH

1 ‘‘(b) FOSTER GRANDPARENT PROGRAM.—There are

2 authorized to be appropriated to carry out part B of title

3 II, $98,200,000 for fiscal year 1994, and such sums as

4 may be necessary for each of the fiscal years 1995 through

5 1996.

6 ‘‘(c) SENIOR COMPANION PROGRAM.—There are au7 thorized to be appropriated to carry out part C of title

8 II, $48,700,000 for fiscal year 1994, and such sums as

9 may be necessary for each of the fiscal years 1995 through

10 1996.

11 ‘‘(d) DEMONSTRATION PROGRAMS.—There are au12 thorized to be appropriated to carry out part E of title

13 II, such sums as may be necessary for each of the fiscal

14 years 1994 through 1996.’’.

15 SEC. 383. AUTHORIZATION OF APPROPRIATIONS FOR

16 TITLE IV.

17 Section 504 (42 U.S.C. 5084) is amended to read as

18 follows:

19 ‘‘SEC. 504. ADMINISTRATION AND COORDINATION.

20 ‘‘(a) IN GENERAL.—For each of the fiscal years 1994

21 through 1996, there are authorized to be appropriated for

22 the administration of this Act as provided for in title IV,

23 21 percent of the total amount appropriated under sec24 tions 501 and 502 with respect to such year.
302

•HR 2010 EH

1 ‘‘(b) EVALUATION.—For each of the fiscal years

2 1994 through 1996, the Director is authorized to expend

not less than 21 3 ⁄2 percent, and not more than 5 percent,

4 of the amount appropriated under subsection (a), for the

5 purposes prescribed in section 416.’’.

6 SEC. 384. CONFORMING AMENDMENTS; COMPENSATION

7 FOR VISTA FECA CLAIMANTS.

8 Section 8143(b) of title 5, United States Code, is

9 amended by striking ‘‘GS–7’’ and inserting ‘‘GS–5 of the

10 General Schedule under section 5332 of title 5, United

11 States Code’’.

12 SEC. 385. REPEAL OF AUTHORITY.

13 Title VII (42 U.S.C. 5091 et seq.) is repealed.

14 CHAPTER 5—GENERAL PROVISIONS

15 SEC. 391. TECHNICAL AND CONFORMING AMENDMENTS.

16 The Domestic Volunteer Service Act of 1973 (42

17 U.S.C. 4950 et seq.) is amended by striking ‘‘That this

18 Act’’ and all that follows through the end of the table of

19 contents and inserting the following:

20 ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

22 ‘Domestic Volunteer Service Act of 1973’.

23 ‘‘(b) TABLE OF CONTENTS.—The table of contents

24 is as follows:

‘‘Sec. 1. Short title; table of contents.

‘‘Sec. 2. Volunteerism policy.
303

•HR 2010 EH

‘‘TITLE I—NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

‘‘PART A—VOLUNTEERS IN SERVICE TO AMERICA

‘‘Sec. 101. Statement of purpose.

‘‘Sec. 102. Authority to operate VISTA program.

‘‘Sec. 103. Selection and assignment of volunteers.

‘‘Sec. 104. Terms and periods of service.

‘‘Sec. 105. Support service.

‘‘Sec. 106. Participation of beneficiaries.

‘‘Sec. 107. Participation of younger and older persons.

‘‘Sec. 108. Limitation.

‘‘Sec. 109. VISTA Literacy Corps.

‘‘Sec. 110. Applications for assistance.

‘‘PART B—UNIVERSITY YEAR FOR VISTA

‘‘Sec. 111. Statement of purpose.

‘‘Sec. 112. Authority to operate University Year for VISTA program.

‘‘Sec. 113. Special conditions.

‘‘PART C—SPECIAL VOLUNTEER PROGRAMS

‘‘Sec. 121. Statement of purpose.

‘‘Sec. 122. Authority to establish and operate special volunteer and demonstration programs.

‘‘Sec. 123. Technical and financial assistance for improvement of volunteer programs.

‘‘Sec. 125. Literacy challenge grants.

‘‘TITLE II—NATIONAL SENIOR VOLUNTEER CORPS

‘‘Sec. 200. Statement of purposes.

‘‘PART A—RETIRED AND SENIOR VOLUNTEER PROGRAM

‘‘Sec. 201. Grants and contracts for volunteer service projects.

‘‘PART B—FOSTER GRANDPARENT PROGRAM

‘‘Sec. 211. Grants and contracts for volunteer service projects.

‘‘Sec. 212. Conditions of grants and contracts.

‘‘PART C—SENIOR COMPANION PROGRAM

‘‘Sec. 213. Grants and contracts for volunteer service projects.

‘‘PART D—GENERAL PROVISIONS

‘‘Sec. 221. Promotion of National Senior Volunteer Corps.

‘‘Sec. 222. Payments.

‘‘Sec. 223. Minority group participation.

‘‘Sec. 224. Use of locally generated contributions in National Senior Volunteer

Corps.

‘‘Sec. 225. Programs of national significance.

‘‘Sec. 226. Adjustments to Federal financial assistance.

‘‘Sec. 227. Multiyear grants or contracts.

‘‘PART E—DEMONSTRATION PROGRAMS
304

•HR 2010 EH

‘‘Sec. 231. Authority of Director.

‘‘TITLE IV—ADMINISTRATION AND COORDINATION

‘‘Sec. 403. Political activities.

‘‘Sec. 404. Special limitations.

‘‘Sec. 406. Labor standards.

‘‘Sec. 408. Joint funding.

‘‘Sec. 409. Prohibition of Federal control.

‘‘Sec. 410. Coordination with other programs.

‘‘Sec. 411. Prohibition.

‘‘Sec. 412. Notice and hearing procedures for suspension and termination of financial assistance.

‘‘Sec. 414. Distribution of benefits between rural and urban areas.

‘‘Sec. 415. Application of Federal law.

‘‘Sec. 416. Evaluation.

‘‘Sec. 417. Nondiscrimination provisions.

‘‘Sec. 418. Eligibility for other benefits.

‘‘Sec. 419. Legal expenses.

‘‘Sec. 421. Definitions.

‘‘Sec. 422. Audit.

‘‘Sec. 423. Reduction of paperwork.

‘‘Sec. 424. Review of project renewals.

‘‘Sec. 425. Protection against improper use.

‘‘Sec. 426. Center for Research and Training.

‘‘TITLE V—AUTHORIZATION OF APPROPRIATIONS

‘‘Sec. 501. National volunteer antipoverty programs.

‘‘Sec. 502. National Senior Volunteer Corps.

‘‘Sec. 504. Administration and coordination.

‘‘Sec. 505. Availability of appropriations.

‘‘TITLE VI—AMENDMENTS TO OTHER LAWS AND REPEALERS

‘‘Sec. 601. Supersedence of Reorganization Plan No. 1 of July 1, 1971.

‘‘Sec. 602. Creditable service for civil service retirement.

‘‘Sec. 603. Repeal of title VIII of the Economic Opportunity Act.

‘‘Sec. 604. Repeal of title VI of the Older Americans Act.’’.

1 SEC. 392. EFFECTIVE DATE.

2 This subtitle shall become effective on October 1,

3 1993.
305

•HR 2010 EH

1 TITLE IV—TECHNICAL AND

2 CONFORMING AMENDMENTS

3 SEC. 401. DEFINITION OF DIRECTOR.

4 Section 421 of the Domestic Volunteer Service Act

5 of 1973 (42 U.S.C. 5061) is amended by striking para6 graph (1) and inserting the following new paragraph:

7 ‘‘(1) the term ‘Director’ means the Chairperson

8 and Director of the Corporation for National Service

9 appointed under section 193 of the National and

10 Community Service Act of 1990;’’.

11 SEC. 402. REFERENCES TO ACTION AND THE ACTION

12 AGENCY.

13 (a) DOMESTIC VOLUNTEER SERVICE ACT OF

14 1973.—

15 (1) Section 2(b) of the Domestic Volunteer

16 Service Act of 1973 (42 U.S.C. 4950(b)) is amend17 ed—

18 (A) by striking ‘‘ACTION, the Federal do19 mestic volunteer agency,’’ and inserting ‘‘this

20 Act’’; and

21 (B) by striking ‘‘ACTION’’ and inserting

22 ‘‘the Corporation for National Service’’.

23 (2) Section 125(b) of such Act (42 U.S.C.

24 4995(b)) is amended by striking ‘‘the ACTION

25 Agency’’ and inserting ‘‘the Corporation’’.
306

•HR 2010 EH

1 (3) Section 225(e) of such Act (42 U.S.C.

2 5025(e)) is amended by striking ‘‘the ACTION

3 Agency’’ and inserting ‘‘the Corporation’’.

4 (4) Section 403(a) of such Act (42 U.S.C.

5 5043(a)) is amended—

6 (A) by striking ‘‘the ACTION Agency’’ the

7 first place it appears and inserting ‘‘the Cor8 poration under this Act’’; and

9 (B) by striking ‘‘the ACTION Agency’’ the

10 second place it appears and inserting ‘‘the Cor11 poration’’.

12 (5) Section 408 of such Act (42 U.S.C. 5048)

13 is amended by striking ‘‘the ACTION Agency’’ and

14 inserting ‘‘the Corporation’’.

15 (6) Section 425 of such Act (as added by sec16 tion 369 of this Act) is further amended by striking

17 ‘‘ACTION’’ and inserting ‘‘the Corporation’’.

18 (b) ADMINISTRATION ON CHILDREN, YOUTH, AND

19 FAMILIES.—Section 916(b) of the Claude Pepper Young

20 Americans Act of 1990 (42 U.S.C. 12312(b)) is amended

21 by striking ‘‘the Director of the ACTION Agency’’ and

22 inserting ‘‘the Chairperson of the Corporation for Na23 tional Service’’.
307

•HR 2010 EH

1 (c) INSPECTOR GENERAL.—Section 8E(a)(2) of the

2 Inspector General Act of 1978 (5 U.S.C. App.) is amend3 ed—

4 (1) by striking ‘‘ACTION,’’; and

5 (2) by inserting ‘‘the Corporation for National

6 Service (except as provided in section 194(b) of the

7 National and Community Service Act of 1990),’’

8 after ‘‘the Consumer Product Safety Commission,’’.

9 (d) PUBLIC HOUSING SECURITY.—Section 207(c) of

10 the Public Housing Security Demonstration Act of 1978

11 (Public Law 95–557; 92 Stat. 2093; 12 U.S.C. 1701z–

12 6 note) is amended—

13 (1) in paragraph (3)(ii), by striking ‘‘ACTION’’

14 and inserting ‘‘the Corporation for National Serv15 ice’’; and

16 (2) in paragraph (4), by striking ‘‘ACTION’’

17 and inserting ‘‘the Corporation for National Serv18 ice’’.

19 (e) NATIONAL FOREST VOLUNTEERS.—The first sec20 tion of the Volunteers in the National Forests Act of 1972

21 (16 U.S.C. 558a) is amended by striking ‘‘ACTION’’ and

22 inserting ‘‘the Corporation for National Service’’.

23 (f) PEACE CORPS.—Section 2A of the Peace Corps

24 Act (22 U.S.C. 2501–1) is amended by inserting after
308

•HR 2010 EH

1 ‘‘the ACTION Agency’’ the following: ‘‘, the successor to

2 the ACTION Agency,’’.

3 (g) INDIAN ECONOMIC DEVELOPMENT.—Section 502

4 of the Indian Financing Act of 1974 (25 U.S.C. 1542)

5 is amended by striking ‘‘and ACTION’’ and inserting ‘‘,

6 the Corporation for National Service,’’.

7 (h) OLDER AMERICANS.—The Older Americans Act

8 of 1965 is amended—

9 (1) in section 202(c)(1) (42 U.S.C. 3012(c)(1)),

10 by striking ‘‘the Director of the ACTION Agency’’

11 and inserting ‘‘the Corporation for National Serv12 ice’’;

13 (2) in section 203(a)(1) (42 U.S.C.

14 3013(a)(1)), by striking ‘‘the ACTION Agency’’ and

15 inserting ‘‘the Corporation for National Service’’;

16 and

17 (3) in section 422(b)(12)(C) (42 U.S.C.

18 3035a(b)(12)(C)), by striking ‘‘the ACTION Agen19 cy’’ and inserting ‘‘the Corporation for National

20 Service’’.

21 (i) VISTA SERVICE EXTENSION.—Section 101(c)(1)

22 of the Domestic Volunteer Service Act Amendments of

23 1989 (Public Law 101–204; 103 Stat. 1810; 42 U.S.C.

24 4954 note) is amended by striking ‘‘Director of the AC-
309

•HR 2010 EH

1 TION Agency’’ and inserting ‘‘Chairperson of the Cor2 poration for National Service’’.

3 (j) AGING RESOURCE SPECIALISTS.—Section 205(c)

4 of the Older Americans Amendments of 1975 (Public Law

5 94–135; 89 Stat. 727; 42 U.S.C. 5001 note) is amended—

6 (1) in paragraph (1)—

7 (A) by striking ‘‘the ACTION Agency,’’

8 and inserting ‘‘the Corporation for National

9 Service,’’; and

10 (B) by striking ‘‘the Director of the AC11 TION Agency’’ and inserting ‘‘the Chairperson

12 of the Corporation’’;

13 (2) in paragraph (2)(A), by striking ‘‘ACTION

14 Agency’’ and inserting ‘‘Corporation’’; and

15 (3) in paragraph (3), by striking subparagraph

16 (A) and inserting the following new subparagraph:

17 ‘‘(A) the term ‘Corporation’ means the Cor18 poration for National Service established by section

19 191 of the National and Community Service Act of

20 1990.’’.

21 (k) PROMOTION OF PHOTOVOLTAIC ENERGY.—Sec22 tion 11(a) of the Solar Photovoltaic Energy Research, De23 velopment, and Demonstration Act of 1978 (42 U.S.C.

24 5590) is amended by striking ‘‘the Director of ACTION,’’.
310

•HR 2010 EH

1 (l) COORDINATING COUNCIL ON JUVENILE JUS2 TICE.—Section 206(a)(1) of the Juvenile Justice and De3 linquency Prevention Act of 1974 (42 U.S.C. 5616(a)(1))

4 is amended by striking ‘‘the Director of the ACTION

5 Agency’’ and inserting ‘‘the Chairperson of the Corpora6 tion for National Service’’.

7 (m) ENERGY CONSERVATION.—Section 413(b)(1) of

8 the Energy Conservation and Production Act (42 U.S.C.

9 6863(b)(1)) is amended by striking ‘‘the Director of the

10 ACTION Agency,’’.

11 (n) INTERAGENCY COUNCIL ON THE HOMELESS.—

12 Section 202(a) of the Stewart B. McKinney Homeless As13 sistance Act (42 U.S.C. 11312(a)) is amended by striking

14 paragraph (12) and inserting the following new para15 graph:

16 ‘‘(12) The Chairperson of the Corporation for

17 National Service, or the designee of the Chair18 person.’’.

19 (o) ANTI-DRUG ABUSE.—Section 3601 of the Anti20 Drug Abuse Act of 1988 (42 U.S.C. 11851) is amended

21 by striking paragraph (5) and inserting the following new

22 paragraph:

23 ‘‘(5) the term ‘Director’ means the Chairperson

24 and Director of the Corporation for National Serv25 ice,’’.
311

•HR 2010 EH

1 SEC. 403. DEFINITIONS.

2 Section 421 of the Domestic Volunteer Service Act

3 of 1973 (42 U.S.C. 5061) is amended—

4 (1) by striking ‘‘and’’ at the end of paragraph

5 (6);

6 (2) by striking the period at the end of para7 graph (7) and inserting a semicolon; and

8 (3) by adding at the end the following new

9 paragraphs:

10 ‘‘(8) the term ‘Corporation’ means the Corpora11 tion for National Service established under section

12 191 of the National and Community Service Act of

13 1990;

14 ‘‘(9) the term ‘foster grandparent’ means a vol15 unteer in the Foster Grandparent Program;

16 ‘‘(10) the term ‘Foster Grandparent Program’

17 means the program established under part B of title

18 II;

19 ‘‘(11) the term ‘Inspector General’ means the

20 Inspector General of the Corporation;

21 ‘‘(12) the term ‘national senior volunteer’

22 means a volunteer in the National Senior Volunteer

23 Corps;

24 ‘‘(13) the term ‘National Senior Volunteer

25 Corps’ means the programs established under parts

26 A, B, C, and E of title II;
312

•HR 2010 EH

1 ‘‘(14) the term ‘Retired and Senior Volunteer

2 Program’ means the program established under part

3 A of title II;

4 ‘‘(15) the term ‘retired or senior volunteer’

5 means a volunteer in the Retired and Senior Volun6 teer Program;

7 ‘‘(16) the term ‘senior companion’ means a vol8 unteer in the Senior Companion Program;

9 ‘‘(17) the term ‘Senior Companion Program’

10 means the program established under part C of title

11 II;

12 ‘‘(18) the terms ‘VISTA’ and ‘Volunteers in

13 Service to America’ mean the program established

14 under part A of title I; and

15 ‘‘(19) the term ‘VISTA volunteer’ means a vol16 unteer in VISTA.’’.

17 SEC. 404. REFERENCES TO THE COMMISSION ON NATIONAL

18 AND COMMUNITY SERVICE.

19 (a) NATIONAL DEFENSE AUTHORIZATION ACT FOR

20 FISCAL YEAR 1993.—

21 (1) Section 1092(b) of the National Defense

22 Authorization Act for Fiscal Year 1993 (42 U.S.C.

23 12653a note) is amended—

24 (A) in paragraph (1)—
313

•HR 2010 EH

1 (i) by striking ‘‘Commission on Na2 tional Community Service’’ and inserting

3 ‘‘Corporation for National Service’’; and

4 (ii) by striking ‘‘Commission shall pre5 pare’’ and inserting ‘‘Board of Directors of

6 the Corporation shall prepare’’; and

7 (B) in paragraph (2), by striking ‘‘Board

8 of Directors of the Commission on National and

9 Community Service’’ and inserting ‘‘Board of

10 Directors of the Corporation for National Serv11 ice’’.

12 (2) Section 1093(a) of such Act (42 U.S.C.

13 12653a note) is amended by striking ‘‘the Board of

14 Directors and Executive Director of the Commission

15 on National and Community Service’’ and inserting

16 ‘‘the Board of Directors and Chairperson of the Cor17 poration for National Service’’.

18 (3) Section 1094 of such Act (Public Law 102–

19 484; 106 Stat. 2535) is amended—

20 (A) in the title, by striking ‘‘COMMISSION

21 ON NATIONAL AND COMMUNITY SERVICE’’

22 and inserting ‘‘CORPORATION FOR NA23 TIONAL SERVICE’’;

24 (B) in subsection (a)—
314

•HR 2010 EH

1 (i) in the heading, by striking ‘‘COM2 MISSION’’ and inserting ‘‘CORPORATION’’;

3 (ii) in the first sentence, by striking

4 ‘‘Commission on National and Community

5 Service’’ and inserting ‘‘Corporation for

6 National Service’’; and

7 (iii) in the second sentence, by strik8 ing ‘‘The Commission’’ and inserting ‘‘The

9 Chairperson of the Corporation’’; and

10 (C) in subsection (b)—

11 (i) in paragraph (1), by striking

12 ‘‘Board of Directors of the Commission on

13 National and Community Service’’ and in14 serting ‘‘Chairperson of the Corporation

15 for National Service’’; and

16 (ii) in paragraph (2), by striking ‘‘the

17 Commission’’ and inserting ‘‘the Chair18 person of the Corporation for National

19 Service’’.

20 (4) Section 1095 of such Act (Public Law 102–

21 484; 106 Stat. 2535) is amended in the heading for

22 subsection (b) by striking ‘‘COMMISSION ON NA23 TIONAL AND COMMUNITY SERVICE’’ and inserting

24 ‘‘CORPORATION FOR NATIONAL SERVICE’’.
315

•HR 2010 EH

1 (5) Section 2(b) of such Act (Public Law 102–

2 484; 106 Stat. 2315) is amended by striking the

3 item relating to section 1094 of such Act and insert4 ing the following:

‘‘Sec. 1094. Other programs of the Corporation for National Service.’’.

5 (b) NATIONAL AND COMMUNITY SERVICE ACT OF

6 1990.—

7 (1) Sections 159(b)(2) (as redesignated in sec8 tion 104(b)(3) of this Act) and 165 (as redesignated

9 in section 104(b)(3) of this Act), subsections (a) and

10 (b) of section 172, sections 176(a) and 177(c), and

11 subsections (a), (b), and (d) through (h) of section

12 179, of the National and Community Service Act of

13 1990 (42 U.S.C. 12653h(b)(2), 12653n, 12632 (a)

14 and (b), 12636(a), 12637(c), and 12639 (a), (b),

15 and (d) through (h)) are each amended by striking

16 the term ‘‘Commission’’ each place the term appears

17 and inserting ‘‘Corporation’’.

18 (2) Sections 152, 157(b)(2), 159(b),

19 162(a)(2)(C), 164, and 166(1) of such Act (in each

20 case, as redesignated in section 104(b)(3) of this

21 Act) (42 U.S.C. 12653a, 12653f(b)(2), 12653h(b),

22 12653k(a)(2)(C), 12653m, and 12653o(1)) are each

23 amended by striking ‘‘Commission on National and

24 Community Service’’ and inserting ‘‘Corporation’’.
316

•HR 2010 EH

1 (3) Section 163(b)(9) of such Act (as redesig2 nated in section 104(b)(3) of this Act) (42 U.S.C.

3 12635l(b)(9)) is amended by striking ‘‘Chair of the

4 Commission on National and Community Service’’

5 and inserting ‘‘Chairperson’’.

6 (4) Section 303(a) of such Act (42 U.S.C.

7 12662(a)) is amended—

8 (A) by striking ‘‘The President’’ and in9 serting ‘‘The President, acting through the Cor10 poration,’’;

11 (B) by inserting ‘‘in furtherance of activi12 ties under section 302’’ after ‘‘section 501(b)’’;

13 and

14 (C) by striking ‘‘the President’’ both places

15 it appears and inserting ‘‘the Corporation’’.

16 SEC. 405. REFERENCES TO DIRECTORS OF THE COMMIS17 SION ON NATIONAL AND COMMUNITY

18 SERVICE.

19 (a) CHAIRPERSON.—

20 (1) Section 159(a) of such Act (as redesignated

21 in section 104(b)(3) of this Act) (42 U.S.C.

22 12653h(b)) is amended—

23 (A) by striking ‘‘BOARD.—The Board’’

24 and inserting ‘‘SUPERVISION.—The Chair25 person’’;
317

•HR 2010 EH

1 (B) by striking ‘‘the Board’’ in the matter

2 preceding the paragraphs and in paragraph (1)

3 and inserting ‘‘the Chairperson’’; and

4 (C) by striking ‘‘the Director’’ in para5 graph (1) and inserting ‘‘the Board’’.

6 (2) Section 159(b) of such Act (as redesignated

7 in section 104(b)(3) of this Act) (42 U.S.C.

8 12653h(b)) is amended by striking ‘‘(b)’’ and all

9 that follows through ‘‘Director’’ and inserting ‘‘(b)

10 MONITORING AND COORDINATION.—The Chair11 person’’.

12 (3) Section 159(c)(1) (as redesignated in sec13 tion 104(b)(3) of this Act) (12653h(c)(1)) is amend14 ed—

15 (A) in subparagraph (A), by striking ‘‘the

16 Board, in consultation with the Executive Di17 rector,’’ and inserting ‘‘the Chairperson’’; and

18 (B) in subparagraph (B)(iii), by striking

19 ‘‘the Board through the Executive Director’’

20 and inserting ‘‘the Chairperson’’.

21 (4) Section 166 (as redesignated in section

22 104(b)(3) of this Act) (42 U.S.C. 12653o) is amend23 ed—

24 (A) by striking paragraph (6); and
318

•HR 2010 EH

1 (B) by redesignating paragraphs (7)

2 through (11) as paragraphs (6) through (10),

3 respectively.

4 (b) DIRECTOR OF CIVILIAN COMMUNITY CORPS.—

5 Sections 155(a), 157(b)(1)(A), 158(a), 159(c)(1)(A), and

6 163(a) (in each case, as redesignated in section 104(b)(3)

7 of this Act) of the National and Community Service Act

8 of 1990 (42 U.S.C. 12653d(a), 12653f(b)(1)(A),

9 12653g(a), 12653h(c)(1)(A), and 12653l(a)) are amended

10 by striking ‘‘Director of the Civilian Community Corps’’

11 each place the term appears and inserting ‘‘Director’’.

12 SEC. 406. EFFECTIVE DATE.

13 (a) ACTION.—The amendments made by sections

14 401 and 402 (except subsection (c)(2)) shall take effect

15 on the effective date of section 203.

16 (b) COMMISSION.—The amendments made by section

17 402(c)(2), and sections 403 through 405, will take effect

18 on October 1, 1993.

19 TITLE V—GENERAL PROVISIONS

20 SEC. 501. COMPLIANCE WITH BUY AMERICAN ACT.

21 No funds appropriated pursuant to this Act (includ22 ing the amendments made by this Act) may be expended

23 by an entity unless the entity agrees that in expending

24 the assistance the entity will comply with sections 2
319

•HR 2010 EH

1 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

2 10c, popularly known as the ‘‘Buy American Act’’).

3 SEC. 502. SENSE OF CONGRESS; REQUIREMENT REGARD4 ING NOTICE.

5 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

6 AND PRODUCTS.—In the case of any equipment or prod7 uct that may be authorized to be purchased with financial

8 assistance provided under this Act (including the amend9 ments made by this Act), it is the sense of the Congress

10 that entities receiving such assistance should, in expending

11 the assistance, purchase only American-made equipment

12 and products.

13 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

14 providing financial assistance under this Act (including

15 the amendments made by this Act), the Secretary of Edu16 cation shall provide to each recipient of the assistance a

17 notice describing the statement made in subsection (a) by

18 the Congress.

19 SEC. 503. PROHIBITION OF CONTRACTS WITH PERSONS

20 FALSELY LABELING PRODUCTS AS MADE IN

21 AMERICA.

22 If it has been finally determined by a court or Federal

23 agency that any person intentionally affixed a label bear24 ing a ‘‘Made in America’’ inscription, or any inscription

25 with the same meaning, to any product sold in or shipped
320

•HR 2010 EH

1 to the United States that is not made in the United

2 States, the person shall be ineligible to receive any con3 tract or subcontract made with funds appropriated to

4 carry out this Act, pursuant to the debarment, suspension,

5 and ineligibility procedures described in sections 9.400

6 through 9.409 of title 48, Code of Federal Regulations.

7 TITLE VI—LIMITATION ON LIABILITY OF

8 VOLUNTEERS

9 SEC. 601. FINDINGS AND PURPOSE.

10 (a) FINDINGS.—The Congress finds and declares

11 that—

12 (1) within certain States, the willingness of vol13 unteers to offer their services has been increasingly

14 deterred by a perception that they thereby put per15 sonal assets at risk in the event of liability actions

16 against the organization they serve;

17 (2) as a result of this perception, many non18 profit public and private organizations and govern19 mental entities, including voluntary associations, so20 cial service agencies, educational institutions, local

21 governments, foundations, and other civic programs,

22 have been adversely affected through the withdrawal

23 of volunteers from boards of directors and service in

24 other capacities;
321

•HR 2010 EH

1 (3) the contribution of these programs to their

2 communities is thereby diminished, resulting in

3 fewer and higher cost programs than would be ob4 tainable if volunteers were participating;

5 (4) the efforts of nonprofit organizations, local

6 government, States, and the Federal Government to

7 promote voluntarism, and community and national

8 service, are adversely affected by the withdrawal of

9 volunteers from boards of directors and service in

10 other capacities; and

11 (5) because Federal funds are expended on use12 ful and cost-effective social service programs which

13 depend heavily on volunteer participation, protection

14 of voluntarism through clarification and limitation of

15 the personal liability risks assumed by the volunteer

16 in connection with such participation is an appro17 priate subject for Federal encouragement of State

18 reform.

19 (b) PURPOSE.—The purposes of this title are to pro20 mote programs of community and national service, to pro21 mote the interests of social service program beneficiaries

22 and taxpayers, and to sustain the availability of programs

23 and nonprofit organizations and governmental entities

24 which depend on volunteer contributions, by encouraging

25 reasonable reform of laws to provide protection from per-
322

•HR 2010 EH

1 sonal financial liability to volunteers serving with non2 profit organizations and governmental entities for actions

3 undertaken in good faith on behalf of such organizations.

4 SEC. 602. NO PREEMPTION OF STATE TORT LAW.

5 Nothing in this title shall be construed to preempt

6 the laws of any State governing tort liability actions.

7 SEC. 603. LIMITATION ON LIABILITY FOR VOLUNTEERS.

8 (a) LIABILITY PROTECTION FOR VOLUNTEERS.—For

9 purposes of satisfying the requirement specified in section

10 129(a)(5) of the National and Community Service Act of

11 1990, and except as provided in subsections (b), (c), and

12 (d), a State shall provide by law that any volunteer of a

13 nonprofit organization or governmental entity shall incur

14 no personal financial liability for any tort claim alleging

15 damage or injury from any act or omission of the volun16 teer on behalf of the organization or entity if—

17 (1) such individual was acting in good faith and

18 within the scope of such individual’s official func19 tions and duties with the organization or entity and

20 such functions and duties are directly connected to

21 the administration of a program described in section

22 122(a); and

23 (2) such damage or injury was not caused by

24 willful and wanton misconduct by such individual.
323

•HR 2010 EH

1 (b) CONCERNING RESPONSIBILITY OF VOLUNTEERS

2 WITH RESPECT TO ORGANIZATIONS.—Nothing in this

3 section shall be construed to affect any civil action brought

4 by any nonprofit organization or any governmental entity

5 against any volunteer of such organization or entity.

6 (c) NO EFFECT ON LIABILITY OF ORGANIZATION.—

7 Nothing in this section shall be construed to affect the

8 liability of any nonprofit organization or governmental en9 tity with respect to injury caused to any person.

10 (d) EXCEPTIONS TO VOLUNTEER LIABILITY PRO11 TECTION.—A State shall impose the following conditions

12 on and exceptions to the granting of liability protection

13 to any volunteer of an organization or entity required by

14 subsection (a):

15 (1) The organization or entity must adhere to

16 risk management procedures, including mandatory

17 training of volunteers.

18 (2) The organization or entity shall be liable for

19 the acts or omissions of its volunteers to the same

20 extent as an employer is liable, under the laws of

21 that State, for the acts or omissions of its em22 ployees.

23 (3) The protection from liability does not apply

24 if the volunteer was operating a motor vehicle or was
324

•HR 2010 EH

1 operating a vessel, aircraft, or other vehicle for

2 which a pilot’s license is required.

3 (4) The protection from liability does not apply

4 in the case of a suit brought by an appropriate offi5 cer of a State or local government to enforce a Fed6 eral, State, or local law.

7 (5) The protection from liability shall apply

8 only if the organization or entity provides a finan9 cially secure source of recovery for individuals who

10 suffer injury as a result of actions taken by a volun11 teer on behalf of the organization or entity. A finan12 cially secure source of recovery may be an insurance

13 policy within specified limits, comparable coverage

14 from a risk pooling mechanism, equivalent assets, or

15 alternative arrangements that satisfy the State that

16 the entity will be able to pay for losses up to a speci17 fied amount. Separate standards for different types

18 of liability exposure may be specified.

19 SEC. 604. DEFINITIONS.

20 For purposes of this title—

21 (1) the term ‘‘volunteer’’ means an individual

22 performing services for a nonprofit organization or

23 a governmental entity who does not receive com24 pensation, or any other thing of value in lieu of com25 pensation, for such services (other than reimburse-
325

•HR 2010 EH

1 ment for expenses actually incurred or honoraria not

2 to exceed $300 per year for government service),

3 and such term includes a volunteer serving as a di4 rector, officer, trustee, or direct service volunteer;

5 (2) the term ‘‘nonprofit organization’’ means

6 any organization described in section 501(c) of the

7 Internal Revenue Code of 1986 and exempt from tax

8 under section 501(a) of such Code;

9 (3) the term ‘‘damage or injury’’ includes phys10 ical, nonphysical, economic, and noneconomic dam11 age; and

12 (4) the term ‘‘State’’ means each of the several

13 States, the District of Columbia, the Commonwealth

14 of Puerto Rico, the Virgin Islands, Guam, American

15 Samoa, the Northern Mariana Islands, any other

16 territory or possession of the United States, or any

17 political subdivision of any such State, territory, or

18 possession.

Passed the House of Representatives July 28, 1993.

Attest:

Clerk.

HR 2010 EH——2

HR 2010 EH——3

HR 2010 EH——4

HR 2010 EH——5

HR 2010 EH——6
326

•HR 2010 EH

HR 2010 EH——7

HR 2010 EH——8

HR 2010 EH——9

HR 2010 EH——10

HR 2010 EH——11

HR 2010 EH——12

HR 2010 EH——13

HR 2010 EH——14

HR 2010 EH——15

HR 2010 EH——16

HR 2010 EH——17

HR 2010 EH——18

HR 2010 EH——19

HR 2010 EH——20