Calendar No. 172
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 serv-
ice, and provide national service educational
awards to persons participating in such service,
and for other purposes.
AUGUST 2 (legislative day, JUNE 30), 1993
Received; read twice and placed on the calendar
II
Calendar No. 172
103D CONGRESS
1ST SESSION
H. R. 2010
IN THE SENATE OF THE UNITED STATES
AUGUST 2 (legislative day, JUNE 30), 1993
Received; read twice and placed on the calendar
AN ACT
To amend the National and Community Service Act of 1990
to establish a Corporation for National Service, enhance
opportunities for national service, and provide national
service educational awards to persons participating in
such service, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘National Service Trust Act of 1993’’.
(b) TABLE OF CONTENTS.—The table of contents is
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 availabil-
ity of appropriations.
TITLE III—REAUTHORIZATION
Subtitle A—National and Community Service Act of 1990
Sec. 301. Authorization of appropriations.
Subtitle B—Domestic Volunteer Service Act of 1973
Sec. 311. Short title; references.
CHAPTER 1—VISTA AND OTHER ANTI-POVERTY PROGRAMS
Sec. 321. Purpose of the VISTA program.
Sec. 321A. Assistant Director for VISTA Program.
Sec. 322. Selection and assignment of VISTA volunteers.
Sec. 323. Terms and periods of service.
Sec. 324. Support for VISTA volunteers.
Sec. 325. Participation of younger and older persons.
Sec. 326. Literacy activities.
Sec. 327. Applications for assistance.
Sec. 328. Repeal of authority for student community service programs.
Sec. 329. University year for VISTA.
Sec. 330. Authority to establish and operate special volunteer and demonstra-
tion 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.
Sec. 404. References to the Commission on National and Community Service.
Sec. 405. References to Directors of the Commission on National and Commu-
nity 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.
SEC. 2. FINDINGS AND PURPOSE.
(a) IN GENERAL.—Section 2 of the National and
Community Service Act of 1990 (42 U.S.C. 12501) is
amended to read as follows:
‘‘SEC. 2. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—The Congress finds the following:
‘‘(1) Throughout the United States, there are
pressing unmet human, educational, environmental,
and public safety needs.
‘‘(2) Americans desire to affirm common re-
sponsibilities and shared values that transcend race,
religion, disability, or region.
‘‘(3) The rising costs of post-secondary edu-
cation are putting higher education out of reach for
an increasing number of citizens.
‘‘(4) Americans of all ages can improve their
communities and become better citizens through
service to the United States.
‘‘(5) Nonprofit organizations, local govern-
ments, States, and the Federal Government are al-
ready supporting a wide variety of national service
programs that deliver needed services in a cost-effec-
tive manner.
‘‘(6) Residents of low-income communities, es-
pecially youths and young adults in these commu-
nities, can be empowered through their service to
help provide future community leadership.
‘‘(b) PURPOSES.—It is the purpose of this Act to—
‘‘(1) meet the unmet human, educational, envi-
ronmental, and public safety needs of the United
States, without displacing existing workers;
‘‘(2) renew the ethic of civic responsibility and
the spirit of community throughout the United
States;
‘‘(3) expand educational opportunity by reward-
ing individuals who participate in national service
with an increased ability to pursue higher education
or job training;
‘‘(4) encourage citizens of the United States,
regardless of age, income, or disability, to engage in
full-time or part-time national service;
‘‘(5) reinvent government to eliminate duplica-
tion, support locally established initiatives, require
measurable goals for performance, and offer flexibil-
ity in meeting those goals;
‘‘(6) expand and strengthen existing service
programs with demonstrated experience in providing
structured service opportunities with visible benefits
to the participants and community;
‘‘(7) build on the existing organizational service
infrastructure of Federal, State, and local programs
and agencies to expand full-time and part-time serv-
ice opportunities for all citizens; and
‘‘(8) provide tangible benefits to the commu-
nities in which national service is performed.’’.
(b) TABLE OF CONTENTS.—Section 1(b) of the Na-
tional and Community Service Act of 1990 (Public Law
101–610; 104 Stat. 3127) is amended by striking the item
relating to section 2 and inserting the following new item:
‘‘Sec. 2. Findings and purpose.’’.
TITLE I—PROGRAMS AND
RELATED PROVISIONS
Subtitle A—Programs
SEC. 101. FEDERAL INVESTMENT IN SUPPORT OF NA-
TIONAL SERVICE.
(a) TRANSFER OF EXISTING SUBTITLE.—Title I of
the National and Community Service Act of 1990 (42
U.S.C. 12501 et seq.) is amended—
(1) by redesignating subtitle C (42 U.S.C.
12653 et seq.) as subtitle I;
(2) by inserting subtitle I (as redesignated by
paragraph (1) of this subsection) after subtitle H;
and
(3) by redesignating sections 120 through 136
as sections 199 through 199O, respectively.
(b) ASSISTANCE PROGRAM AUTHORIZED.—Title I of
the National and Community Service Act of 1990 (42
U.S.C. 12501 et seq.) is amended by inserting after sub-
title B the following new subtitle:
‘‘Subtitle C—National Service Trust
Program
‘‘PART I—INVESTMENT IN NATIONAL SERVICE
‘‘SEC. 121. AUTHORITY TO PROVIDE ASSISTANCE AND AP-
PROVED NATIONAL SERVICE POSITIONS.
‘‘(a) PROVISION OF ASSISTANCE.—The Corporation
for National Service may make grants to States, subdivi-
sions of States, Indian tribes, public and private nonprofit
organizations, and institutions of higher education for the
purpose of assisting the recipients of the grants—
‘‘(1) to carry out full- or part-time national
service programs, including summer programs, de-
scribed in section 122(a); and
‘‘(2) to make grants in support of other na-
tional service programs described in section 122(a)
that are carried out by other entities.
‘‘(b) AGREEMENTS WITH FEDERAL AGENCIES.—The
Corporation may enter into a contract or cooperative
agreement with another Federal agency to support a na-
tional service program carried out by the agency. The sup-
port provided by the Corporation pursuant to the contract
or cooperative agreement may include the transfer to the
Federal agency of funds available to the Corporation
under this subtitle. A Federal agency receiving assistance
under this subsection shall not be required to satisfy the
matching funds requirements specified in subsection (e).
However, the supplementation requirements specified in
section 173 shall apply with respect to the Federal na-
tional service programs supported with such assistance. A
Federal agency receiving assistance under this subsection
shall consult with the State Commissions for those States
in which projects will be conducted in order to ensure that
the projects do not duplicate existing State or local pro-
grams.
‘‘(c) PROVISION OF APPROVED NATIONAL SERVICE
POSITIONS.—As part of the provision of assistance under
subsections (a) and (b), the Corporation shall—
‘‘(1) approve the provision of national service
educational awards described in subtitle D for the
participants who serve in national service programs
carried out using such assistance; and
‘‘(2) deposit in the National Service Trust es-
tablished in section 145(a) an amount equal to the
product of—
‘‘(A) the value of a national service edu-
cational award under section 147; and
‘‘(B) the total number of approved national
service positions to be provided.
‘‘(d) FIVE PERCENT LIMITATION ON ADMINISTRA-
TIVE COSTS.—
‘‘(1) LIMITATION.—Not more than 5 percent of
the amount of assistance provided to the original re-
cipient of a grant or transfer of assistance under
subsection (a) or (b) for a fiscal year may be used
to pay for administrative costs incurred by—
‘‘(A) the recipient of the assistance; and
‘‘(B) national service programs carried out
or supported with the assistance.
‘‘(2) RULES ON USE.—The Corporation may by
rule prescribe the manner and extent to which—
‘‘(A) assistance provided under subsection
(a) or (b) may be used to cover administrative
costs; and
‘‘(B) that portion of the assistance avail-
able to cover administrative costs should be dis-
tributed between—
‘‘(i) the original recipient of the grant
or transfer of assistance under such sub-
section; and
‘‘(ii) national service programs carried
out or supported with the assistance.
‘‘(e) MATCHING FUNDS REQUIREMENTS.—
‘‘(1) REQUIREMENTS.—Except as provided in
section 140, the Federal share of the cost of carry-
ing out a national service program that receives the
assistance under subsection (a), whether the assist-
ance is provided directly or as a subgrant from the
original recipient of the assistance, may not exceed
75 percent of such cost.
‘‘(2) CALCULATION.—In providing for the re-
maining share of the cost of carrying out a national
service program, the program—
‘‘(A) shall provide for such share through
a payment in cash (including not more than 85
percent of the cost of providing a health care
policy described in section 140(d)(2)) or in
kind, fairly evaluated, including facilities, equip-
ment, or services; and
‘‘(B) may provide for such share through
State sources, local sources, or other Federal
sources (other than the use of funds made
available under the national service laws).
‘‘(3) WAIVER.—The Corporation may waive in
whole or in part the requirements of paragraph (1)
with respect to a national service program in any fis-
cal year if the Corporation determines that such a
waiver would be equitable due to a lack of available
financial resources at the local level.
‘‘SEC. 122. TYPES OF NATIONAL SERVICE PROGRAMS ELIGI-
BLE FOR PROGRAM ASSISTANCE.
‘‘(a) ELIGIBLE NATIONAL SERVICE PROGRAMS.—
The recipient of a grant under section 121(a) and each
Federal agency receiving assistance under section 121(b)
shall use the assistance, directly or through subgrants to
other entities, to carry out full- or part-time national serv-
ice programs, including summer programs, that address
unmet human, educational, environmental, or public safe-
ty needs. Subject to subsection (b)(1), these national serv-
ice programs may include the following types of national
service programs:
‘‘(1) A community corps program that meets
unmet human, educational, environmental, or public
safety needs and promotes greater community unity
through the use of organized teams of participants
of varied social and economic backgrounds, skill lev-
els, physical and developmental capabilities, ages,
ethnic backgrounds, or genders.
‘‘(2) A full-time, year-round youth corps pro-
gram or full-time summer youth corps program,
such as a conservation corps or youth service corps
(including the Public Lands Corps established under
the Public Lands Corps Act of 1993, the Urban
Youth Corps established under section 106 of the
National Service Trust Act of 1993, and other con-
servation corps or youth service corps that performs
service on Federal or other public lands or on Indian
lands or Hawaiian home lands), that—
‘‘(A) 
undertakes 
meaningful 
service
projects with visible public benefits, including
natural resource, urban renovation, or human
services projects;
‘‘(B) includes as participants youths and
young adults between the ages of 16 and 25, in-
clusive, including out-of-school youths and other
disadvantaged youths (such as youths with lim-
ited basic skills, youths in foster care who are
becoming too old for foster care, youths of lim-
ited English proficiency, and homeless youths,
and youths with disabilities) who are between
those ages; and
‘‘(C) provides those participants who are
youths and young adults with—
‘‘(i) crew-based, highly structured,
and adult-supervised work experience, life
skills, education, career guidance and
counseling, employment training, and sup-
port services; and
‘‘(ii) the opportunity to develop citi-
zenship values and skills through service to
their community and the United States.
‘‘(3) A program that provides specialized train-
ing to individuals in service-learning and places the
individuals after such training in positions, including
positions as service-learning coordinators, to facili-
tate service-learning in programs eligible for funding
under part I subtitle B.
‘‘(4) A service program that is targeted at spe-
cific unmet human, educational, environmental, or
public safety needs and that—
‘‘(A) recruits individuals with special skills
or provides specialized preservice training to en-
able participants to be placed individually or in
teams in positions in which the participants can
meet such unmet needs; and
‘‘(B) if consistent with the purposes of the
program, brings participants together for addi-
tional training and other activities designed to
foster civic responsibility, increase the skills of
participants, and improve the quality of the
service provided.
‘‘(5) An individualized placement program that
includes regular group activities, such as leadership
training and special service projects.
‘‘(6) A campus-based program that is designed
to provide substantial service in a community during
the school term and during summer or other vaca-
tion periods through the use of—
‘‘(A) students who are attending an insti-
tution of higher education, including students
supported by work-study funds under part C of
title IV of the Higher Education Act of 1965
(42 U.S.C. 2751 et seq.);
‘‘(B) teams composed of such students; or
‘‘(C) teams composed of a combination of
such students and community residents.
‘‘(7) A preprofessional training program in
which students enrolled in an institution of higher
education—
‘‘(A) receive training in specified fields,
which may include classes containing service-
learning;
‘‘(B) perform service related to such train-
ing outside the classroom during the school
term and during summer or other vacation peri-
ods; and
‘‘(C) agree to provide service upon gradua-
tion to meet unmet human, educational, envi-
ronmental, or public safety needs related to
such training.
‘‘(8) A professional corps program that recruits,
trains, and places qualified participants in posi-
tions—
‘‘(A) as teachers, nurses, police officers,
early childhood development staff, or other pro-
fessionals providing service to meet educational,
human, environmental, or public safety needs in
communities with an inadequate number of
such professionals;
‘‘(B) that may include a salary in excess of
the maximum living allowance authorized in
subsection (a)(3) of section 140, as provided in
subsection (c) of such section; and
‘‘(C) that are sponsored by public or pri-
vate nonprofit employers who agree to pay 100
percent of the salaries and benefits (other than
any national service educational award under
subtitle D) of the participants.
‘‘(9) A program in which economically dis-
advantaged individuals (including individuals with
disabilities) who are between the ages of 16 and 25
years of age, inclusive, are provided with opportuni-
ties to perform service that, while enabling such in-
dividuals to obtain the education and employment
skills necessary to achieve economic self-sufficiency,
will help their communities meet—
‘‘(A) the housing needs of low-income fam-
ilies and the homeless; and
‘‘(B) the need for community facilities in
low-income areas.
‘‘(10) A national service entrepreneur program
that identifies, recruits, and trains gifted young
adults of all backgrounds and assists them in de-
signing solutions to community problems.
‘‘(11) An intergenerational program that com-
bines students, out-of-school youths, and older
adults as participants to provide needed community
services, including an intergenerational component
for other national service programs described in this
subsection.
‘‘(12) A program that is administered by a
combination of nonprofit organizations located in a
low-income area, provides a broad range of services
to residents of such area, is governed by a board
composed in significant part of low-income individ-
uals, and is intended to provide opportunities for in-
dividuals or teams of individuals to engage in com-
munity projects in such area that meet unaddressed
community and individual needs, including projects
that would—
‘‘(A) meet the needs of low-income children
and youth aged 18 and younger, such as pro-
viding after-school ‘safe-places’ with opportuni-
ties for learning and recreation; or
‘‘(B) be directed to other important
unaddressed needs in such area.
‘‘(13) A community service program designed to
meet the needs of rural communities, using teams or
individual placements to address the development
needs of rural communities and to combat rural pov-
erty, including health care, education, and job train-
ing.
‘‘(14) A program that seeks to eliminate hunger
in communities and rural areas through service in
projects—
‘‘(A) involving food banks, food pantries,
and nonprofit organizations that provide food
during emergencies;
‘‘(B) involving the gleaning of prepared
and unprepared food that would otherwise be
discarded as unusable so that the usable por-
tion of such food may be donated to food banks,
food pantries, and other nonprofit organiza-
tions;
‘‘(C) seeking to address the long-term
causes of hunger through education and the de-
livery of appropriate services; or
‘‘(D) providing training in basic health,
nutrition, and life skills necessary to alleviate
hunger in communities and rural areas.
‘‘(15) Such other national service programs ad-
dressing unmet human, educational, environmental,
or public safety needs as the Corporation may des-
ignate.
‘‘(b) QUALIFICATION CRITERIA TO DETERMINE ELI-
GIBILITY.—
‘‘(1) ESTABLISHMENT BY CORPORATION.—The
Corporation shall establish qualification criteria for
different types of national service programs for the
purpose of determining whether a particular national
service program should be considered to be a na-
tional service program eligible to receive assistance
or approved national service positions under this
subtitle.
‘‘(2) CONSULTATION.—In establishing qualifica-
tion criteria under paragraph (1), the Corporation
shall consult with organizations and individuals with
extensive experience in developing and administering
effective national service programs or regarding the
delivery of human, educational, environmental, or
public safety services to communities or persons.
‘‘(3) APPLICATION TO SUBGRANTS.—The quali-
fication criteria established by the Corporation under
paragraph (1) shall also be used by each recipient of
assistance under section 121(a) that uses any por-
tion of the assistance to conduct a grant program to
support other national service programs.
‘‘(4) 
ENCOURAGEMENT
OF
INTERGEN-
ERATIONAL COMPONENTS OF PROGRAMS.—The Cor-
poration shall encourage national service programs
eligible to receive assistance or approved national
service positions under this subtitle to establish, if
consistent with the purposes of the program, an
intergenerational component of the program that
combines students, out-of-school youths, and older
adults as participants to provide services to address
unmet human, educational, environmental, or public
safety needs.
‘‘(c) NATIONAL SERVICE PRIORITIES.—
‘‘(1) ESTABLISHMENT
BY
CORPORATION.—In
order to concentrate national efforts on meeting cer-
tain unmet human, educational, environmental, or
public safety needs and to achieve the other pur-
poses of this Act, the Corporation may establish,
and periodically alter, priorities regarding the types
of national service programs to be assisted under
section 121 and the purposes for which such assist-
ance may be used.
‘‘(2) NOTICE TO APPLICANTS.—The Corpora-
tion shall provide advance notice to potential appli-
cants of any national service priorities to be in effect
under this subsection for a fiscal year. The notice
shall specifically include—
‘‘(A) a description of any alteration made
in the priorities since the previous notice; and
‘‘(B) a description of the national service
programs that are designated by the Corpora-
tion under section 133(d)(2) as eligible for pri-
ority consideration in the next competitive dis-
tribution of assistance under section 121(a).
‘‘(3) APPLICATION
TO
SUBGRANTS.—Any na-
tional service priorities established by the Corpora-
tion under this subsection shall also be used by each
recipient of funds under section 121(a) that uses
any portion of the assistance to conduct a grant pro-
gram to support other national service programs.
‘‘SEC. 123. TYPES OF NATIONAL SERVICE POSITIONS ELIGI-
BLE FOR APPROVAL FOR NATIONAL SERVICE
EDUCATIONAL AWARDS.
‘‘The Corporation may approve of any of the follow-
ing service positions as an approved national service posi-
tion that includes the national service educational award
described in subtitle D as one of the benefits to be pro-
vided for successful service in the position:
‘‘(1) A position for a participant in a national
service program described in section 122(a) that re-
ceives assistance under subsection (a) or (b) of sec-
tion 121.
‘‘(2) A position for a participant in a program
that—
‘‘(A) is carried out by a State, a subdivi-
sion of a State, an Indian tribe, a public or pri-
vate nonprofit organization, an institution of
higher education, or a Federal agency; and
‘‘(B) would be eligible to receive assistance
under section 121(a), based on criteria estab-
lished by the Corporation, but has not applied
for such assistance.
‘‘(3) A position involving service as a VISTA
volunteer under title I of the Domestic Volunteer
Service Act of 1973 (42 U.S.C. 4951 et seq.).
‘‘(4) A position facilitating service-learning in a
program described in section 122(a)(3) that is eligi-
ble for assistance under part I of subtitle B.
‘‘(5) A position for a participant in the Civilian
Community Corps under subtitle E.
‘‘(6) A position involving service as a crew lead-
er in a youth corps program or a similar position
supporting a national service program that receives
an approved national service position.
‘‘(7) Such other national service positions as
the Corporation considers to be appropriate.
‘‘SEC. 124. TYPES OF PROGRAM ASSISTANCE.
‘‘(a) PLANNING ASSISTANCE.—The Corporation may
provide assistance under section 121 to a qualified appli-
cant that submits an application under section 130 for the
planning of a national service program. Assistance pro-
vided in accordance with this subsection may cover a pe-
riod of not more than 1 year.
‘‘(b) OPERATIONAL ASSISTANCE.—The Corporation
may provide assistance under section 121 to a qualified
applicant that submits an application under section 130
for the establishment, operation, or expansion of a na-
tional service program. Assistance provided in accordance
with this subsection may cover a period of not more than
3 years, but may be renewed by the Corporation upon con-
sideration of a new application under section 130.
‘‘(c) REPLICATION ASSISTANCE.—The Corporation
may provide assistance under section 121 to a qualified
applicant that submits an application under section 130
for the expansion of a proven national service program to
another geographical location. Assistance provided in ac-
cordance with this subsection may cover a period of not
more than 3 years, but may be renewed by the Corpora-
tion upon consideration of a new application under section
130.
‘‘(d) APPLICATION
TO SUBGRANTS.—The require-
ments of this section shall apply to any State or other
applicant receiving assistance under section 121 that pro-
poses to conduct a grant program using the assistance to
support other national service programs.
‘‘SEC. 125. TRAINING AND TECHNICAL ASSISTANCE.
‘‘(a) TRAINING PROGRAMS.—The Corporation may
conduct, directly or by grant or contract, appropriate
training programs regarding national service in order to—
‘‘(1) improve the ability of national service pro-
grams assisted under section 121 to meet human,
educational, environmental, or public safety needs in
communities—
‘‘(A) where services are needed most; and
‘‘(B) where programs do not currently
exist or are currently too limited to meet com-
munity needs;
‘‘(2) promote leadership development in such
programs;
‘‘(3) 
improve 
the 
instructional 
and 
pro-
grammatic quality of such programs to build an
ethic of civic responsibility;
‘‘(4) develop the management and budgetary
skills of program operators;
‘‘(5) provide for or improve the training pro-
vided to the participants in such programs; and
‘‘(6) encourage national service programs to ad-
here to risk management procedures, including the
training of participants in appropriate risk manage-
ment practices.
‘‘(b) TECHNICAL
ASSISTANCE.—The Corporation
shall make appropriate technical assistance available to
States, subdivisions of States, Federal agencies, Indian
tribes, public and private nonprofit organizations, and in-
stitutions of higher education that desire—
‘‘(1) to develop national service programs; or
‘‘(2) to apply for assistance under such section
or under a grant program conducted using assist-
ance provided under such section.
‘‘SEC. 126. OTHER SPECIAL ASSISTANCE.
‘‘(a) SUPPORT FOR STATE COMMISSIONS.—
‘‘(1) ASSISTANCE AUTHORIZED.—Of the funds
appropriated to carry out this subtitle in each fiscal
year, not to exceed $17,500,000 shall be available to
the Corporation to make assistance available to as-
sist a State to establish or operate the State Com-
mission on National Service required to be estab-
lished by the State under section 178.
‘‘(2) AMOUNT OF ASSISTANCE.—Except as pro-
vided in paragraph (3), the amount of assistance
that may be provided to a State Commission under
this subsection, together with other Federal funds
available to establish or operate the State Commis-
sion, may not exceed—
‘‘(A) 85 percent of the total cost to estab-
lish or operate the State Commission for the
first year for which the State Commission re-
ceives assistance under this subsection; and
‘‘(B) such smaller percentage of such cost
as the Corporation may establish for the sec-
ond, third, and fourth years of such assistance
in order to ensure that the Federal share does
not exceed 50 percent of such costs for the fifth
year, and any subsequent year, for which the
State Commission receives assistance under this
subsection.
‘‘(3) MAXIMUM AMOUNT OF ASSISTANCE.—The
total amount of assistance that may be provided to
a State Commission under this subsection for a year
may not exceed $500,000.
‘‘(b) DISASTER SERVICE.—The Corporation may un-
dertake activities to involve youth corps programs de-
scribed in section 122(a)(2) and other programs that re-
ceive assistance under the national service laws in relief
efforts in response to an emergency or major disaster de-
clared by the President under the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.).
‘‘(c) CHALLENGE GRANTS FOR NATIONAL SERVICE
PROGRAMS.—
‘‘(1) ASSISTANCE AUTHORIZED.—The Corpora-
tion may make challenge grants under this sub-
section to a national service program that receives
assistance under section 121. The Corporation shall
develop criteria for the selection of challenge grant
recipients so as to make the grants widely available
to a variety of high-quality national service programs
with demonstrated experience in providing service
opportunities with visible benefits to the participants
and to the community served.
‘‘(2) AMOUNT
OF
ASSISTANCE.—A challenge
grant under this subsection may provide not more
than $1 of assistance under this subsection for each
$1 in cash raised by the national service program
from private sources in excess of amounts required
to be provided by the program to satisfy matching
funds requirements under section 121(e). The Cor-
poration shall establish a ceiling on the amount of
assistance that may be provided to a national service
program under this subsection.
‘‘PART II—APPLICATION AND APPROVAL
PROCESS
‘‘SEC. 129. PROVISION OF ASSISTANCE AND APPROVED NA-
TIONAL SERVICE POSITIONS BY COMPETI-
TIVE AND OTHER MEANS.
‘‘(a) ALLOTMENTS OF ASSISTANCE AND APPROVED
POSITIONS TO STATES AND INDIAN TRIBES.—
‘‘(1) 331⁄3
PERCENT
ALLOTMENT
OF
ASSIST-
ANCE TO CERTAIN STATES.—Of the funds allocated
by the Corporation for provision of assistance under
subsections (a) and (b) of section 121 for a fiscal
year, the Corporation shall make a grant under sec-
tion 121(a) (and a corresponding allotment of ap-
proved national service positions) to each of the sev-
eral States, the District of Columbia, and the Com-
monwealth of Puerto Rico that has an application
approved by the Corporation under section 133. The
amount allotted as a grant to each such State under
this paragraph for a fiscal year shall be equal to the
amount that bears the same ratio to 331⁄3 percent
of the allocated funds for that fiscal year as the pop-
ulation of the State bears to the total population of
the several States, the District of Columbia, and the
Commonwealth of Puerto Rico.
‘‘(2) ONE PERCENT ALLOTMENT FOR CERTAIN
TERRITORIES AND POSSESSIONS.—Of the funds allo-
allotted by the Corporation on a competitive basis in
accordance with their respective needs.
‘‘(4) EFFECT
OF
FAILURE
TO
APPLY.—If a
State or Indian tribe fails to apply for, or fails to
give notice to the Corporation of its intent to apply
for, an allotment under this subsection, the Corpora-
tion shall use the amount that would have been al-
lotted under this subsection to the State or Indian
tribe—
‘‘(A) to make grants (and provide ap-
proved national service positions in connection
with such grants) to other eligible entities
under section 121 that propose to carry out na-
tional service programs in the State or on be-
half of the Indian tribe; and
‘‘(B) after making grants under subpara-
graph (A), to make a reallotment to other
States and Indian tribes with approved applica-
tions under section 130.
‘‘(5) EFFECT OF STATE FAILURE TO LIMIT LI-
ABILITY.—If, not later than 2 years after the effec-
tive date of this subtitle, a State fails to have in ef-
fect (and to certify in its application that the State
has in effect) a limitation on liability that satisfies
the requirements of title V of the National Service
Trust Act of 1993, the allotment for such State
shall be reduced by 5 percent, and the Corporation
shall allot the amount of the reduction among the
States that have in effect (and so certify) such limi-
tation.
‘‘(b) RESERVATION OF APPROVED POSITIONS.—The
Corporation shall ensure that each individual selected dur-
ing a fiscal year for assignment as a VISTA volunteer
under title I of the Domestic Volunteer Service Act of
1973 (42 U.S.C. 4951 et seq.) or as a participant in the
Civilian Community Corps Demonstration Program under
subtitle E shall receive the national service educational
award described in subtitle D if the individual satisfies the
eligibility requirements for the award. Funds for approved
national service positions required by this paragraph for
a fiscal year shall be deducted from the total funding for
approved national service positions to be available for dis-
tribution under subsections (a) and (d) for that fiscal year.
‘‘(c) RESERVATION FOR SPECIAL ASSISTANCE.—Of
the funds appropriated under section 501(a)(2), and sub-
ject to the limitation in that section, the Corporation may
reserve such amount as the Corporation considers to be
appropriate for the purpose of making assistance available
under sections 125 and 126. However, the Corporation
may not reserve more than $10,000,000 for a fiscal year
for challenge grants under section 126(c).
‘‘(d) COMPETITIVE DISTRIBUTION
OF REMAINING
FUNDS AND APPROVED POSITIONS.—
‘‘(1) STATE COMPETITION.—Of the funds allo-
cated by the Corporation for provision of assistance
under subsections (a) and (b) of section 121 for a
fiscal year, the Corporation shall use not less than
331⁄3 percent of the allocated funds to make grants
to States on a competitive basis under section
121(a).
‘‘(2) FEDERAL AGENCIES AND OTHER APPLI-
CANTS.—The Corporation shall distribute on a com-
petitive basis to subdivisions of States, Indian tribes,
public and private nonprofit organizations (including
labor organizations), institutions of higher edu-
cation, and Federal agencies the remainder of the
funds allocated by the Corporation for provision of
assistance under section 121 for a fiscal year, after
operation of paragraph (1) and subsections (a) and
(c). However, the Corporation may not provide more
than 1⁄3 of the funds available for competitive dis-
tribution under this paragraph for a fiscal year to
Federal agencies under section 121(b).
‘‘(3) LIMITATIONS.—The Corporation may limit
the categories of eligible applicants for assistance
under paragraph (2) consistent with the priorities
established by the Corporation under section
133(d)(2).
‘‘(e) APPLICATION REQUIRED.—The allotment of as-
sistance and approved national service positions to a State
or Indian tribe under subsection (a), and the competitive
distribution of assistance and approved national service
positions under subsection (d), shall be made by the Cor-
poration only pursuant to an application submitted by a
State or other applicant under section 130 and approved
by the Corporation under section 133.
‘‘(f) DISTRIBUTION OF APPROVED POSITIONS SUB-
JECT TO AVAILABLE FUNDS.—The Corporation may not
distribute approved national service positions under this
section for a fiscal year in excess of the number of such
positions for which the Corporation has sufficient available
funds in the National Service Trust for that fiscal year
to satisfy the maximum possible obligations to be incurred
by the United States to provide the national service edu-
cational award corresponding to service in these positions.
‘‘(g) SPONSORSHIP OF APPROVED NATIONAL SERV-
ICE POSITIONS.—
‘‘(1) SPONSORSHIP
AUTHORIZED.—The Cor-
poration may enter into agreements with persons or
entities who offer to sponsor national service posi-
tions for which the person or entity will be respon-
sible for supplying the funds necessary to provide a
national service educational award. The distribution
of these approved national service positions shall be
made pursuant to the agreement, and the creation
of these positions shall not be taken into consider-
ation in determining the number of approved na-
tional service positions to be available for distribu-
tion under this section.
‘‘(2) DEPOSIT OF CONTRIBUTION.—Funds pro-
vided pursuant to an agreement under paragraph
(1) and any other funds contributed to the Corpora-
tion to support the activities of the Corporation
under the national service laws shall be deposited in
the National Service Trust established in section
145 until such time as the funds are needed.
‘‘SEC. 130. APPLICATION FOR ASSISTANCE AND APPROVED
NATIONAL SERVICE POSITIONS.
‘‘(a) TIME, MANNER, AND CONTENT OF APPLICA-
TION.—To be eligible to receive assistance under section
121 and approved national service positions for partici-
pants who serve in the national service programs to be
carried out using the assistance, a State, subdivision of
a State, Indian tribe, public or private nonprofit organiza-
tion, institution of higher education, or Federal agency
shall prepare and submit to the Corporation an application
at such time, in such manner, and containing such infor-
mation as the Corporation may reasonably require.
‘‘(b) TYPES
OF APPLICATION INFORMATION.—In
order to have adequate information upon which to consider
an application under section 133, the Corporation may re-
quire the following information to be provided in an appli-
cation submitted under subsection (a):
‘‘(1) A description of the national service pro-
grams proposed to be carried out directly by the ap-
plicant using assistance provided under section 121.
‘‘(2) A description of the national service pro-
grams that are selected by the applicant to receive
a grant from assistance requested under section 121
and a description of the process and criteria by
which the programs were selected, unless such a
process conflicts with State or local law, regulation,
or policy.
‘‘(3) A description of other funding sources to
be used, or sought to be used, for the national serv-
ice programs referred to in paragraphs (1) and (2),
and, if the application is submitted for the purpose
of seeking a renewal of assistance, a description of
the success of the programs in not increasing their
reliance on funds provided under this Act.
‘‘(4) A description of the extent to which the
projects to be conducted using the assistance will ad-
dress unmet human, educational, environmental, or
public safety needs and produce a direct benefit for
the community in which the projects are performed.
‘‘(5) A description of the plan to be used to re-
cruit participants, including youth with disabilities
and economically disadvantaged youth, for the na-
tional service programs referred to in paragraphs (1)
and (2).
‘‘(6) A description of the manner in which the
national service programs referred to in paragraphs
(1) and (2) build on existing programs, including
Federal programs.
‘‘(7) A description of the manner in which the
national service programs referred to in paragraphs
(1) and (2) will involve participants—
‘‘(A) in projects that build an ethic of civic
responsibility and produce a positive change in
the lives of participants through training and
participation in meaningful service experiences
and opportunities for reflection on such experi-
ences; and
‘‘(B) in leadership positions in implement-
ing and evaluating the program.
‘‘(8) Measurable goals for the national service
programs referred to in paragraphs (1) and (2), and
a strategy to achieve such goals, in terms of—
‘‘(A) the impact to be made in meeting
unmet human, educational, environmental, or
public safety needs; and
‘‘(B) the service experience to be provided
to participants in the programs.
‘‘(9) A description of the manner and extent to
which the national service programs referred to in
paragraphs (1) and (2) conform to the national serv-
ice priorities established by the Corporation under
section 122(c).
‘‘(10) A description of the past experience of
the applicant in operating a comparable program or
in conducting a grant program in support of other
comparable service programs.
‘‘(11) A description of the type and number of
proposed service positions in which participants will
receive the national service educational award de-
scribed in subtitle D and a description of the man-
ner in which approved national service positions will
be apportioned by the applicant.
‘‘(12) A description of the manner and extent
to which participants, representatives of the commu-
nity served, community-based agencies with a dem-
onstrated record of experience in providing services,
and labor organizations contributed to the develop-
ment of the national service programs referred to in
paragraphs (1) and (2), including the identity of the
individual representing each appropriate labor orga-
nization (if any) who was consulted and the nature
of the consultation.
‘‘(13) Such other information as the Corpora-
tion may reasonably require.
‘‘(c) APPLICATION TO RECEIVE ONLY APPROVED
NATIONAL SERVICE POSITIONS.—
‘‘(1) APPLICABILITY
OF
SUBSECTION.—This
subsection shall apply in the case of an application
in which—
‘‘(A) the applicant is not seeking assist-
ance under subsection (a) or (b) of section 121,
but 
requests 
national 
service 
educational
awards for individuals serving in service posi-
tions described in section 123; or
‘‘(B) the applicant requests national serv-
ice educational awards for service positions de-
scribed in section 123, but the positions are not
positions in a national service program de-
scribed in section 122(a) for which assistance
may be provided under subsection (a) or (b) of
section 121.
‘‘(2) SPECIAL APPLICATION REQUIREMENTS.—
For the applications described in paragraph (1), the
Corporation shall establish special application re-
quirements in order to determine—
‘‘(A) whether the service positions meet
unmet human, educational, environmental, or
public safety needs and meet the criteria for as-
sistance under this subtitle; and
‘‘(B) whether the Corporation should ap-
prove the positions as approved national service
positions that include the national service edu-
cational award described in subtitle D as one of
the benefits to be provided for successful service
in the position.
‘‘(d) SPECIAL RULE FOR STATE APPLICANTS.—
‘‘(1) SUBMISSION BY STATE COMMISSION.—The
application of a State for approved national service
positions or for a grant under section 121(a) shall
be submitted by the State Commission.
‘‘(2) COMPETITIVE
SELECTION.—The applica-
tion of a State shall contain an assurance that all
assistance provided under section 121(a) to the
State will be used to support national service pro-
grams that were selected by the State on a competi-
tive basis. In making such competitive selections, the
State shall seek to ensure the equitable allocation
within the State of assistance and approved national
service positions provided under this subtitle to the
State taking into consideration such factors as the
location of the programs applying to the State, pop-
ulation density, and economic distress.
‘‘(3) ASSISTANCE
TO
NONSTATE
ENTITIES.—
The application of a State shall also contain an as-
surance that not less than 60 percent of the assist-
ance will be used to make grants in support of na-
tional service programs other than national service
programs carried out by a State agency. The Cor-
poration may permit a State to deviate from the per-
centage specified by this subsection if the State has
not received a sufficient number of acceptable appli-
cations to comply with the percentage.
‘‘(e) SPECIAL RULE FOR CERTAIN APPLICANTS.—
‘‘(1) WRITTEN CONCURRENCE.—In the case of
a program applicant that proposes to also serve as
the service sponsor, the application shall include the
written concurrence of any local labor organization
representing employees of the service sponsor who
are engaged in the same or substantially similar
work as that proposed to be carried out.
‘‘(2) PROGRAM APPLICANT DEFINED.—For pur-
poses of this subsection, the term ‘program appli-
cant’ means—
‘‘(A) a State, subdivision of a State, Indian
tribe, public or private nonprofit organization,
institution of higher education, or Federal
agency submitting an application under this
section; or
‘‘(B) an entity applying for assistance or
approved national service positions through a
grant program conducted using assistance pro-
vided to a State, subdivision of a State, Indian
tribe, public or private nonprofit organization,
institution of higher education, or Federal
agency under section 121.
‘‘(f) LIMITATION ON SAME PROJECT IN MULTIPLE
APPLICATIONS.—The Corporation shall reject an applica-
tion submitted under this section if a project proposed to
be conducted using assistance requested by the applicant
is already described in another application pending before
the Corporation.
‘‘SEC.
131.
NATIONAL
SERVICE
PROGRAM
ASSISTANCE
REQUIREMENTS.
‘‘(a) IMPACT ON COMMUNITIES.—An application sub-
mitted under section 130 shall include an assurance by
the applicant that any national service program carried
out by the applicant using assistance provided under sec-
tion 121 and any national service program supported by
a grant made by the applicant using such assistance will—
‘‘(1) address unmet human, educational, envi-
ronmental, or public safety needs through services
that provide a direct benefit to the community in
which the service is performed; and
‘‘(2) comply with the nonduplication and
nondisplacement requirements of section 177.
‘‘(b) IMPACT
ON PARTICIPANTS.—An application
submitted under section 130 shall also include an assur-
ance by the applicant that any national service program
carried out by the applicant using assistance provided
under section 121 and any national service program sup-
ported by a grant made by the applicant using such assist-
ance will—
‘‘(1) provide participants in the national service
program with the training, skills, and knowledge
necessary for the projects that participants are
called upon to perform; and
‘‘(2) provide support services to participants,
such as the provision of appropriate information and
support—
‘‘(A) to those participants who are com-
pleting a term of service and making the transi-
tion to other educational and career opportuni-
ties; and
‘‘(B) to those participants who are school
dropouts in order to assist those participants in
earning the equivalent of a high school diploma.
‘‘(c) CONSULTATION.—An application submitted
under section 130 shall also include an assurance by the
applicant that any national service program carried out
by the applicant using assistance provided under section
121 and any national service program supported by a
grant made by the applicant using such assistance will—
‘‘(1) provide in the design, recruitment, and op-
eration of the program for broad-based input from—
‘‘(A) the community served and potential
participants in the program; and
‘‘(B) community-based agencies with a
demonstrated record of experience in providing
services and local labor organizations represent-
ing employees of service sponsors, if these enti-
ties exist in the area to be served by the pro-
gram;
‘‘(2) prior to the placement of participants, con-
sult with any local labor organization representing
employees in the area who are engaged in the same
or similar work as that proposed to be carried out
by such program to ensure compliance with the
nondisplacement requirements specified in section
177; and
‘‘(3) in the case of a program that is not fund-
ed through a State, consult with and coordinate ac-
tivities with the State Commission for the State in
which the program operates.
‘‘(d) EVALUATION AND PERFORMANCE GOALS.—
‘‘(1) IN GENERAL.—An application submitted
under section 130 shall also include an assurance by
the applicant that the applicant will—
‘‘(A) arrange for an independent evalua-
tion of any national service program carried out
using assistance provided to the applicant under
section 121 or, with the approval of the Cor-
poration, conduct an internal evaluation of the
program;
‘‘(B) apply measurable performance goals
and evaluation methods (such as the use of sur-
veys of participants and persons served), which
are to be used as part of such evaluation to de-
termine the impact of the program—
‘‘(i) on communities and persons
served by the projects performed by the
program;
‘‘(ii) on participants who take part in
the projects; and
‘‘(iii) in such other areas as the Cor-
poration may require; and
‘‘(C) cooperate with any evaluation activi-
ties undertaken by the Corporation.
‘‘(2) EVALUATION.—Subject to paragraph (3),
the Corporation shall develop evaluation criteria and
performance goals applicable to all national service
programs carried out with assistance provided under
section 121.
‘‘(3) ALTERNATIVE
EVALUATION
REQUIRE-
MENTS.—The Corporation may establish alternative
evaluation requirements for national service pro-
grams based upon the amount of assistance received
under section 121 or received by a grant made by
a recipient of assistance under such section. The de-
termination of whether a national service program is
covered by this paragraph shall be made in such
manner as the Corporation may prescribe.
‘‘(e) LIVING ALLOWANCES AND OTHER INSERVICE
BENEFITS.—Except as provided in section 140(c), an ap-
plication submitted under section 130 shall also include
an assurance by the applicant that the applicant will—
‘‘(1) ensure the provision of a living allowance
and other benefits specified in section 140 to partici-
pants in any national service program carried out by
the applicant using assistance provided under section
121; and
‘‘(2) require that each national service program
that receives a grant from the applicant using such
assistance will also provide a living allowance and
other benefits specified in section 140 to participants
in the program.
‘‘(f) SELECTION OF PARTICIPANTS FROM INDIVID-
UALS RECRUITED BY CORPORATION OR STATE COMMIS-
SIONS.—The Corporation may also require an assurance
by the applicant that any national service program carried
out by the applicant using assistance provided under sec-
tion 121 and any national service program supported by
a grant made by the applicant using such assistance will
select a portion of the participants for the program from
among prospective participants recruited by the Corpora-
tion or State Commissions under section 138(d). The Cor-
poration may specify a minimum percentage of partici-
pants to be selected from the national leadership pool es-
tablished under section 138(e) and may vary the percent-
age for different types of national service programs. In
the case of programs conducted by a State or subdivision
of a State, the Corporation shall permit the State or sub-
division to select only residents of that State if such a re-
strictive selection procedure is necessary to comply with
State or local law, regulation, or policy.
‘‘SEC. 132. INELIGIBLE SERVICE CATEGORIES.
‘‘An application submitted to the Corporation under
section 130 shall include an assurance by the applicant
that any national service program carried out using assist-
ance provided under section 121 and any approved na-
tional service position provided to an applicant will not be
used to perform service that provides a direct benefit to
any—
‘‘(1) business organized for profit;
‘‘(2) labor union;
‘‘(3) partisan political organization; or
‘‘(4) organization engaged in religious activities,
unless such service does not involve the use of assist-
ance provided under section 121 or participants to
give religious instruction, conduct worship services,
or engage in any form of proselytization.
‘‘SEC. 133. CONSIDERATION OF APPLICATIONS.
‘‘(a) CORPORATION CONSIDERATION
OF CERTAIN
CRITERIA.—The Corporation shall apply the criteria de-
scribed in subsections (c) and (d) in determining wheth-
er—
‘‘(1) to approve an application submitted under
section 130 and provide assistance under section
121 to the applicant; and
‘‘(2) to approve service positions described in
the application as national service positions that in-
clude the national service educational award de-
scribed in subtitle D and provide such approved na-
tional service positions to the applicant.
‘‘(b) APPLICATION
TO SUBGRANTS.—A State or
other entity that uses assistance provided under section
121(a) to support national service programs selected on
a competitive basis to receive a share of the assistance
shall use the criteria described in subsections (c) and (d)
when considering an application submitted by a national
service program to receive a portion of such assistance or
an approved national service position. The application of
the State or other entity under section 130 shall contain
a certification that the State or other entity complied with
these criteria in the selection of national service programs
to receive assistance.
‘‘(c) ASSISTANCE CRITERIA.—The criteria required
to be applied in evaluating applications submitted under
section 130 are as follows:
‘‘(1) The quality of the national service pro-
gram proposed to be carried out directly by the ap-
plicant or supported by a grant from the applicant.
‘‘(2) The innovative aspects of the national
service program, and the feasibility of replicating the
program.
‘‘(3) The sustainability of the national service
program, based on evidence such as the existence—
‘‘(A) of strong and broad-based community
support for the program; and
‘‘(B) of multiple funding sources or private
funding for the program.
‘‘(4) The quality of the leadership of the na-
tional service program, the past performance of the
program, and the extent to which the program
builds on existing programs.
by the Corporation if the fair market value of such
policy is equal to or greater than the fair market
value of a plan that meets the minimum standards
established by the Corporation.
‘‘(e) CHILD CARE.—
‘‘(1) AVAILABILITY.—A State or other recipient
of assistance under section 121 shall—
‘‘(A) make child care available for children
of each full-time participant who serves in a na-
tional service program carried out or supported
by the recipient using the assistance, including
individuals who need such child care in order to
participate in the program; or
‘‘(B) provide a child care allowance to each
full-time participant in a national service pro-
gram who needs such assistance in order to
participate in the program.
‘‘(2) GUIDELINES.—The Corporation shall es-
tablish guidelines regarding the circumstances under
which child care must be made available under this
subsection and the value of any allowance to be pro-
vided.
‘‘(f) INDIVIDUALIZED SUPPORT SERVICES.—A State
or other recipient of assistance under section 121 shall
provide auxiliary aids and services based on the individual-