180
‘‘(B) any public domain Indian allotments;
‘‘(C) any former Indian reservation in the
State of Oklahoma;
‘‘(D) any land held by incorporated Native
groups, regional corporations, and village cor-
porations under the Alaska Native Claims Set-
tlement Act (43 U.S.C. 1701 et seq.); and
‘‘(E) any land held by dependent Indian
communities within the borders of the United
States whether within the original or subse-
quently acquired territory thereof, and whether
within or without the limits of a State.
‘‘(11) INDIAN TRIBE.—The term ‘Indian tribe’
means an Indian tribe, band, nation, or other orga-
nized group or community, including any Native vil-
lage, Regional Corporation, or Village Corporation,
as defined in subsection (c), (g), or (j), respectively,
of section 3 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602 (c), (g), or (j)), that is recog-
nized as eligible for the special programs and serv-
ices provided by the United States under Federal
law to Indians because of their status as Indians.
‘‘(12) INSTITUTION OF HIGHER EDUCATION.—
The term ‘institution of higher education’ has the
same meaning given such term in section 1201(a) of
181
the Higher Education Act of 1965 (20 U.S.C.
1141(a)).
‘‘(13) LOCAL
EDUCATIONAL
AGENCY.—The
term ‘local educational agency’ has the same mean-
ing given such term in section 1471(12) of the Ele-
mentary and Secondary Education Act of 1965 (20
U.S.C. 2891(12)).
‘‘(14) NATIONAL
SERVICE
LAWS.—The term
‘national service laws’ means this Act and the Do-
mestic Volunteer Service Act of 1973 (42 U.S.C.
4950 et seq.).
‘‘(15) OUT-OF-SCHOOL YOUTH.—The term ‘out-
of-school youth’ means an individual who—
‘‘(A) has not attained the age of 27;
‘‘(B) has not completed college or the
equivalent thereof; and
‘‘(C) is not enrolled in an elementary or
secondary school or institution of higher edu-
cation.
‘‘(16) PARTICIPANT.—
‘‘(A) IN GENERAL.—The term ‘participant’
means—
‘‘(i) for purposes of subtitle C, an in-
dividual in an approved national service
position; and
182
‘‘(ii) for purposes of any other provi-
sion of this Act, an individual enrolled in
a program that receives assistance under
this title.
‘‘(B) RULE.—A participant shall not be
considered to be an employee of the program in
which the participant is enrolled.
‘‘(17) PARTNERSHIP
PROGRAM.—The term
‘partnership program’ means a program through
which an adult volunteer, a public or private non-
profit agency, an institution of higher education, or
a business assists a local educational agency.
‘‘(18) PROGRAM.—The term ‘program’, except
when used as part of the term ‘academic program’,
means a program described in section 111(a) (other
than a program referred to in paragraph (3)(B) of
such section), 117A(a), 119(b)(1), or 122(a), in
paragraph (1) or (2) of section 152(b), or in section
198.
‘‘(19) PROJECT.—The term ‘project’ means an
activity, carried out through a program that receives
assistance under this title, that results in a specific
identifiable service or improvement that otherwise
would not be done with existing funds, and that does
183
not duplicate the routine services or functions of the
employer to whom participants are assigned.
‘‘(20) SCHOOL-AGE YOUTH.—The term ‘school-
age youth’ means an individual who is—
‘‘(A) between the ages of 5 and 17, inclu-
sive; or
‘‘(B) a child with a disability covered by
the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.).
‘‘(21) SECONDARY SCHOOL.—The term ‘second-
ary school’ has the same meaning given such term
in section 1471(21) of the Elementary and Second-
ary Education Act of 1965 (20 U.S.C. 2891(21)).
‘‘(22) SERVICE-LEARNING.—The term ‘service-
learning’ means a method—
‘‘(A) under which students or participants
learn and develop through active participation
in thoughtfully organized service that—
‘‘(i) is conducted in and meets the
needs of a community;
‘‘(ii) is coordinated with an elemen-
tary school, secondary school, institution of
higher education, or community service
program, and with the community; and
184
‘‘(iii) helps foster civic responsibility;
and
‘‘(B) that—
‘‘(i) is integrated into and enhances
the academic curriculum of the students,
or the educational components of the com-
munity service program in which the par-
ticipants are enrolled; and
‘‘(ii) provides structured time for the
students or participants to reflect on the
service experience.
‘‘(23) SERVICE-LEARNING COORDINATOR.—The
term ‘service-learning coordinator’ means an individ-
ual who provides services as described in subsection
(a)(3) or (b) of section 111.
‘‘(24) SERVICE
SPONSOR.—The term ‘service
sponsor’ means an organization, or other entity, that
has been selected to provide a placement for a par-
ticipant.
‘‘(25) STATE.—The term ‘State’ means each of
the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands of
the United States, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
185
The term also includes Palau, until such time as the
Compact of Free Association is ratified.
‘‘(26) STATE
COMMISSION.—The term ‘State
Commission’ means a State Commission on National
Service maintained by a State pursuant to section
178. Except when used in section 178, the term in-
cludes an alternative administrative entity for a
State approved by the Corporation under such sec-
tion to act in lieu of a State Commission.
‘‘(27) STATE
EDUCATIONAL
AGENCY.—The
term ‘State educational agency’ has the same mean-
ing given such term in section 1471(23) of the Ele-
mentary and Secondary Education Act of 1965 (20
U.S.C. 2891(23)).
‘‘(28) STUDENT.—The term ‘student’ means an
individual who is enrolled in an elementary or sec-
ondary school or institution of higher education on
a full- or part-time basis.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 182(a)(2) of the National and Com-
munity Service Act of 1990 (42 U.S.C 12642(a)(2))
is amended by striking ‘‘adult volunteer and partner-
ship’’ each place the term appears and inserting
‘‘partnership’’.
186
(2) Section 182(a)(3) of the National and Com-
munity Service Act of 1990 (42 U.S.C 12642(a)(3))
is amended by striking ‘‘adult volunteer and partner-
ship’’ and inserting ‘‘partnership’’.
(3) Section 441(c)(2) of the Higher Education
Act of 1965 (42 U.S.C. 2751(c)(2)) is amended by
striking ‘‘service opportunities or youth corps as de-
fined in section 101 of the National and Community
Service Act of 1990, and service in the agencies, in-
stitutions and activities designated in section 124(a)
of the National and Community Service Act of
1990’’ and inserting ‘‘a project, as defined in section
101(19) of the National and Community Service Act
of 1990 (42 U.S.C. 12511(18))’’.
(4) Section 1122(a)(2)(C) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1137a(a)(2)(C)) is
amended by striking ‘‘youth corps as defined in sec-
tion 101(30) of the National and Community Service
Act of 1990’’ and inserting ‘‘youth corps programs,
as described in section 122(a)(1) of the National
and Community Service Act of 1990’’.
(5) Section 1201(p) of the Higher Education
Act of 1965 (20 U.S.C. 1141(p)) is amended by
striking ‘‘section 101(22) of the National and Com-
munity Service Act of 1990’’ and inserting ‘‘section
187
101(22) of the National and Community Service Act
of 1990 (42 U.S.C. 12511(21))’’.
SEC. 112. AUTHORITY TO MAKE STATE GRANTS.
Section 102 of the National and Community Service
Act of 1990 (42 U.S.C. 12512) is repealed.
SEC. 113. FAMILY AND MEDICAL LEAVE.
(a) IN GENERAL.—Section 171 of the National and
Community Service Act of 1990 (42 U.S.C. 12631) is
amended to read as follows:
‘‘SEC. 171. FAMILY AND MEDICAL LEAVE.
‘‘(a) PARTICIPANTS IN PRIVATE, STATE, AND LOCAL
PROJECTS.—For purposes of title I of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), if—
‘‘(1) a participant has provided service for the
period required by section 101(2)(A)(i) (29 U.S.C.
2611(2)(A)(i)), and has met the hours of service re-
quirement of section 101(2)(A)(ii), of such Act with
respect to a project; and
‘‘(2) the service sponsor of the project is an em-
ployer described in section 101(4) of such Act (other
than an employing agency within the meaning of
subchapter V of chapter 63 of title 5, United States
Code),
the participant shall be considered to be an eligible em-
ployee of the service sponsor.
188
‘‘(b) PARTICIPANTS IN FEDERAL PROJECTS.—For
purposes of subchapter V of chapter 63 of title 5, United
States Code, if—
‘‘(1) a participant has provided service for the
period required by section 6381(1)(B) of such title
with respect to a project; and
‘‘(2) the service sponsor of the project is an em-
ploying agency within the meaning of such sub-
chapter,
the participant shall be considered to be an employee of
the service sponsor.
‘‘(c) TREATMENT OF ABSENCE.—The period of any
absence of a participant from a service position pursuant
to title I of the Family and Medical Leave Act of 1993
or subchapter V of chapter 63 of title 5, United States
Code, shall not be counted toward the completion of the
term of service of the participant under section 139 of this
Act.’’.
(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 171 of such Act and inserting the fol-
lowing:
‘‘Sec. 171. Family and medical leave.’’.
189
SEC. 114. REPORTS.
Section 172 of the National and Community Service
Act of 1990 (42 U.S.C. 12632) is amended—
(1) in subsection (a)(3)(A), by striking ‘‘sec-
tions 177 and 113(9)’’ and inserting ‘‘section 177’’;
and
(2) in subsection (b)(1), by striking ‘‘this title’’
and inserting ‘‘the national service laws’’.
SEC. 115. NONDISCRIMINATION.
Section 175 of the National and Community Service
Act of 1990 (42 U.S.C. 12635) is amended to read as
follows:
‘‘SEC. 175. NONDISCRIMINATION.
‘‘(a) IN GENERAL.—
‘‘(1) BASIS.—An individual with responsibility
for the operation of a project that receives assistance
under this title shall not discriminate against a par-
ticipant in, or member of the staff of, such project
on the basis of race, color, national origin, sex, age,
or political affiliation of such participant or member,
or on the basis of disability, if the participant or
member is a qualified individual with a disability.
‘‘(2) DEFINITION.—As used in paragraph (1),
the term ‘qualified individual with a disability’ has
the meaning given the term in section 101(8) of the
190
Americans with Disabilities Act of 1990 (42 U.S.C.
12111(8)).
‘‘(b) FEDERAL FINANCIAL ASSISTANCE.—Any assist-
ance provided under this title shall constitute Federal fi-
nancial assistance for purposes of title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX
of the Education Amendments of 1972 (20 U.S.C. 1681
et seq.), section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), and the Age Discrimination Act of 1975 (42
U.S.C. 6101 et seq.), and shall constitute assistance to
an education program or activity for purposes of title IX
of the Education Amendments of 1972 (20 U.S.C. 1681
et seq.).
‘‘(c) RELIGIOUS DISCRIMINATION.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), an individual with responsibility for the
operation of a project that receives assistance under
this title shall not discriminate on the basis of reli-
gion against a participant in such project or a mem-
ber of the staff of such project who is paid with
funds received under this title.
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply to the employment, with assistance provided
under this title, of any member of the staff, of a
project that receives assistance under this title, who
191
was employed with the organization operating the
project on the date the grant under this title was
awarded.
‘‘(d) RULES AND REGULATIONS.—The Chairperson
shall promulgate rules and regulations to provide for the
enforcement of this section that shall include provisions
for summary suspension of assistance for not more than
30 days, on an emergency basis, until notice and an oppor-
tunity to be heard can be provided.’’.
SEC. 116. NOTICE, HEARING, AND GRIEVANCE PROCE-
DURES.
(a) 
DECERTIFICATION
OF
POSITIONS.—Section
176(a) of the National and Community Service Act of
1990 (42 U.S.C. 12636(a)) is amended—
(1) in paragraph (1), by inserting ‘‘, or revoke
the designation of positions, related to the grant or
contract, as approved national service positions,’’ be-
fore ‘‘whenever the Commission’’; and
(2) in paragraph (2)(B), by inserting ‘‘or re-
voked’’ after ‘‘terminated’’.
(b) CONSTRUCTION.—Section 176(e) of such Act (42
U.S.C. 12636(e)) is amended by adding before the period
the following ‘‘, other than assistance provided pursuant
to this Act’’.
193
‘‘(4) ARBITRATION.—
‘‘(A) IN GENERAL.—
‘‘(i) JOINTLY
SELECTED
ARBITRA-
TOR.—In the event of a decision on a
grievance that is adverse to the party who
filed such grievance, or 60 days after the
filing of such grievance if no decision has
been reached, such party shall be per-
mitted to submit such grievance to binding
arbitration before a qualified arbitrator
who is jointly selected and independent of
the interested parties.
‘‘(ii) 
APPOINTED
ARBITRATOR.—If
the parties cannot agree on an arbitrator,
the Chairperson shall appoint an arbitrator
from a list of qualified arbitrators within
15 days after receiving a request for such
appointment from one of the parties to the
grievance.
‘‘(B) DEADLINE
FOR
PROCEEDING.—An
arbitration proceeding shall be held not later
than 45 days after the request for such arbitra-
tion proceeding, or, if the arbitrator is ap-
pointed by the Chairperson in accordance with
194
subparagraph (A)(ii), not later than 30 days
after the appointment of such arbitrator.
‘‘(C) DEADLINE FOR DECISION.—A deci-
sion concerning a grievance shall be made not
later than 30 days after the date such arbitra-
tion proceeding begins.
‘‘(D) COST.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the cost of an arbitra-
tion proceeding shall be divided evenly be-
tween the parties to the arbitration.
‘‘(ii) EXCEPTION.—If a participant,
labor organization, or other interested indi-
vidual described in paragraph (1) prevails
under a binding arbitration proceeding, the
State, local agency, public or private non-
profit organization, or partnership of such
agencies and organizations, that is a party
to such grievance shall pay the total cost
of such proceeding and the attorneys’ fees
of such participant, labor organization, or
individual, as the case may be.
‘‘(5) PROPOSED PLACEMENT.—If a grievance is
filed regarding a proposed placement of a partici-
pant in a project that receives assistance under this
195
title, such placement shall not be made unless the
placement is consistent with the resolution of the
grievance pursuant to this subsection.
‘‘(6) REMEDIES.—Remedies for a grievance
filed under this subsection include—
‘‘(A) suspension of payments for assistance
under this title;
‘‘(B) termination of such payments;
‘‘(C) prohibition of the placement described
in paragraph (5); and
‘‘(D) in a case in which the grievance in-
volves a violation of subsection (a) or (b) of sec-
tion 177 and the employer of the displaced em-
ployee is the recipient of assistance under this
title—
‘‘(i) reinstatement of the displaced
employee to the position held by such em-
ployee prior to displacement;
‘‘(ii) payment of lost wages and bene-
fits of the displaced employee;
‘‘(iii) reestablishment of other relevant
terms, conditions, and privileges of employ-
ment of the displaced employee; and
‘‘(iv) such equitable relief as is nec-
essary to correct any violation of sub-
196
section (a) or (b) of section 177 or to
make the displaced employee whole.
‘‘(7) ENFORCEMENT.—Suits to enforce arbitra-
tion awards under this section may be brought in
any district court of the United States having juris-
diction of the parties, without regard to the amount
in controversy and without regard to the citizenship
of the parties.’’.
SEC. 117. NONDISPLACEMENT.
Section 177(b)(3) of the National and Community
Service Act of 1990 (42 U.S.C. 12637(b)(3)) is amend-
ed—
(1) in subparagraph (B), to read as follows:
‘‘(B) SUPPLANTATION OF HIRING.—A par-
ticipant in any program receiving assistance
under this title shall not perform any services
or duties, or engage in activities, that—
‘‘(i) will supplant the hiring of em-
ployed workers; or
‘‘(ii) are services, duties, or activities
with respect to which an individual has re-
call rights pursuant to a collective bargain-
ing agreement or applicable personnel pro-
cedures.’’; and
(2) in subparagraph (C)(iii), to read as follows:
197
‘‘(iii) employee who—
‘‘(I) is subject to a reduction in
force; or
‘‘(II) has recall rights pursuant
to a collective bargaining agreement
or applicable personnel procedures;’’.
SEC. 118. EVALUATION.
Section 179 of the National and Community Service
Act of 1990 (42 U.S.C 12639) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1),
by striking ‘‘this title’’ and inserting ‘‘the na-
tional service laws’’; and
(B) in paragraph (2)—
(i) 
in 
the 
matter 
preceding
subpargraph (A), by striking ‘‘for purposes
of the reports required by subsection (j),’’
and inserting ‘‘with respect to the pro-
grams authorized under subtitle C’’; and
(ii) in subparagraph (A), by striking
‘‘older American volunteer programs’’ and
inserting 
‘‘National 
Senior 
Volunteer
Corps programs’’;
(2) in subsection (g)—
198
(A) in the matter preceding paragraph (1),
by striking ‘‘subtitle D’’ and inserting ‘‘subtitle
C’’; and
(B) in paragraphs (3) and (9), by striking
‘‘older American volunteer programs’’ and in-
serting ‘‘National Senior Volunteer Corps pro-
grams’’; and
(3) by striking subsections (i) and (j).
SEC. 119. ENGAGEMENT OF PARTICIPANTS.
Section 180 of the National and Community Service
Act of 1990 (42 U.S.C. 12640) is amended by striking
‘‘post-service benefits’’ and inserting ‘‘national service
educational awards’’.
SEC. 120. CONTINGENT EXTENSION.
(a) IN GENERAL.—Section 181 of the National and
Community Service Act of 1990 (42 U.S.C. 12641) is
amended to read as follows:
‘‘SEC. 181. CONTINGENT EXTENSION.
‘‘Section 414 of the General Education Provisions
Act (20 U.S.C. 1226a) shall apply to this Act.’’.
(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 sections 181 of such Act and inserting the fol-
lowing:
‘‘Sec. 181. Contingent extension.’’.
199
SEC. 121. REPEALS.
(a) IN GENERAL.—Subtitle F of title I of the Na-
tional and Community Service Act of 1990 (42 U.S.C.
12631 et seq.) is amended—
(1) by repealing sections 183, 185, and 186;
and
(2) by redesignating section 184 as section 183.
(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
items relating to sections 183, 184, and 185 of such Act
and inserting the following:
‘‘Sec. 183. Drug-free workplace requirements.’’.
TITLE II—ORGANIZATION
SEC. 201. STATE COMMISSIONS ON NATIONAL SERVICE.
(a) COMPOSITION AND DUTIES OF STATE COMMIS-
SIONS.—Subtitle F of title I of the National and Commu-
nity Service Act of 1990 is amended by striking section
178 (42 U.S.C. 12638) and inserting the following new
section:
‘‘SEC. 178. STATE COMMISSIONS ON NATIONAL SERVICE.
‘‘(a) EXISTENCE REQUIRED.—
‘‘(1) STATE COMMISSION.—Except as provided
in paragraph (2), to be eligible to receive a grant or
allotment under subtitle B or C or to receive a dis-
tribution of approved national service positions
200
under subtitle C, a State shall maintain a State
Commission on National Service that satisfies the
requirements of this section.
‘‘(2) ALTERNATIVE ADMINISTRATIVE ENTITY.—
The chief executive officer of a State may apply to
the Corporation for approval to use an alternative
administrative entity to carry out the duties other-
wise entrusted to a State Commission under this
Act. The chief executive officer shall ensure that any
alternative administrative entity used in lieu of a
State Commission still provides for the individuals
described in paragraphs (1) and (2) of subsection (c)
to play a significant policy-making role in carrying
out the duties otherwise entrusted to a State Com-
mission, including the submission of applications on
behalf of the State under sections 117B and 130.
‘‘(b) APPOINTMENT AND SIZE.—Except as provided
in subsection (c)(3), the members of a State Commission
for a State shall be appointed by the chief executive officer
of the State. A State Commission shall consist of not less
than 15 voting members.
‘‘(c) COMPOSITION AND MEMBERSHIP.—
‘‘(1) REQUIRED
MEMBERS.—The State Com-
mission for a State shall include as voting members
at least one of each of the following individuals:
201
‘‘(A) An individual with expertise in the
educational, training, and development needs of
youth, particularly disadvantaged youth.
‘‘(B) An individual with experience in pro-
moting the involvement of older Americans in
service and voluntarism.
‘‘(C) A representative of community action
agencies and community-based organizations
within the State, particularly those agencies
and organizations that—
‘‘(i) are located in areas of the State
with high rates of poverty;
‘‘(ii) provide a comprehensive range of
services to economically disadvantaged in-
dividuals and families;
‘‘(iii) have a demonstrated record of
effectiveness; and
‘‘(iv) are governed by a board com-
posed in significant part of economically
disadvantaged individuals.
‘‘(D) A youth who is or has been a partici-
pant in a service program.
‘‘(E) An individual with expertise in the
delivery of human, educational, environmental,
202
or public safety services to communities and
persons.
‘‘(F) The head of the State educational
agency.
‘‘(G) A representative of local governments
in the State.
‘‘(H) A representative of local labor orga-
nizations in the State.
‘‘(I) Representatives of business.
‘‘(2) ADDITIONAL MEMBERS.—The State Com-
mission for a State may also include as voting mem-
bers the following individuals:
‘‘(A) Representatives of entities which re-
ceive assistance under the Domestic Volunteer
Service Act of 1973 (42 U.S.C. 4950 et seq.).
‘‘(B) Educators.
‘‘(C) Individuals who are recognized for
their outstanding contributions as volunteers in
service to their community, State, and Nation.
‘‘(3) 
CORPORATION
REPRESENTATIVE.—The
representative of the Corporation designated under
section 195(b) for a State shall be a voting member
of the State Commission for that State.
‘‘(4) EX OFFICIO STATE REPRESENTATIVES.—
The chief executive officer of a State may appoint as
203
nonvoting ex officio members of the State Commis-
sion for the State representatives selected from
among officers and employees of State agencies op-
erating community service, youth service, education,
social service, senior service, and job training pro-
grams.
‘‘(5) LIMITATION ON NUMBER OF STATE EM-
PLOYEES
AS
MEMBERS.—The number of voting
members of a State Commission selected under
paragraph (1) or (2) who are officers or employees
of the State may not exceed 25 percent (reduced to
the nearest whole number) of the total membership
of the State Commission.
‘‘(d) MISCELLANEOUS MATTERS.—
‘‘(1) MEMBERSHIP BALANCE.—The chief execu-
tive officer of a State shall ensure that the member-
ship of the State Commission for the State is bal-
anced according to race, ethnic background, age,
and gender. Not more than 50 percent of the voting
members of a State Commission, plus 1 additional
member, may be from the same political party.
‘‘(2) TERMS.—Each member of the State Com-
mission for a State shall serve for a term of 3 years,
except that the chief executive officer of a State
204
shall initially appoint a portion of the members to
terms of 1 year and 2 years.
‘‘(3) VACANCIES.—As vacancies occur on a
State Commission, new members shall be appointed
by the chief executive of the State and serve for the
remainder of the term for which the predecessor of
such member was appointed. The vacancy shall not
affect the power of the remaining members to exe-
cute the duties of the State Commission.
‘‘(4) COMPENSATION.—A member of a State
Commission shall not receive any additional com-
pensation by reason of service on the State Commis-
sion, except that the State may authorize the reim-
bursement of travel expenses, including a per diem
in lieu of subsistence, in the same manner as other
employees serving intermittently in the service of the
State.
‘‘(5) CHAIRPERSON.—The voting members of a
State Commission shall elect one of the voting mem-
bers to serve as chairperson of the State Commis-
sion.
‘‘(6) LIMITATION
ON
MEMBER
PARTICIPA-
TION.—
‘‘(A) GENERAL
LIMITATION.—Except as
provided in subparagraph (B), a voting member
205
of the State Commission (or of an alternative
administrative entity) shall not participate in
the administration of the grant program (in-
cluding any discussion or decision regarding the
provision of assistance or approved national
service positions, or the continuation, suspen-
sion, or termination of such assistance or such
positions, to any program or entity) described
in subsection (e)(9) in any period during which
there is pending before the Commission (or
such entity) a grant applicant submitted by a
program or entity of which such member is, or
in the 1-year period before the submission of
such application was, an officer, director, trust-
ee, full-time volunteer, or employee.
‘‘(B) EXCEPTION.—If, as a result of the
operation of subparagraph (A), the number of
voting members of the Commission (or of such
entity) is insufficient to establish a quorum for
the purpose of administering such program,
then voting members excluded from participa-
tion by subparagraph (A) may participate in
the administration of such program, notwith-
standing the limitation in subparagraph (A), to
206
the extent permitted by regulations issued
under section 192A(h)(10) by the Corporation.
‘‘(C) RULE OF CONSTRUCTION.—Subpara-
graph (A) shall not be construed to limit the
authority of any voting member of the Commis-
sion (or of such entity) to participate in—
‘‘(i) discussion of, and hearing and fo-
rums on—
‘‘(I) the general duties, policies,
and operations of the Commission (or
of such entity); or
‘‘(II) the general administration
of such program; or
‘‘(ii) similar general matters relating
to the Commission (or such entity).
‘‘(e) DUTIES OF A STATE COMMISSION.—The State
Commission for a State shall be responsible for the follow-
ing duties:
‘‘(1) Preparation of a national service plan for
the State that—
‘‘(A) is developed through an open and
public process (such as through regional fo-
rums, hearings, and other means) that provides
for maximum participation and input from ex-
isting national service programs within the
207
State and other interested members of the pub-
lic;
‘‘(B) covers a 3-year period;
‘‘(C) is updated annually; and
‘‘(D) contains such information as the
State Commission considers to be appropriate
or as the Corporation may require.
‘‘(2) Preparation of the applications of the
State under sections 117B and 130 for financial as-
sistance.
‘‘(3) Assistance in the preparation of the appli-
cation of the State educational agency for assistance
under section 113.
‘‘(4) Preparation of the application of the State
under section 130 for the approval of service posi-
tions that include the national service educational
award described in subtitle D.
‘‘(5) Make recommendations to the Corporation
with respect to priorities for programs receiving as-
sistance under the Domestic Volunteer Service Act
of 1973.
‘‘(6) Make technical assistance available to en-
able applicants under section 121—
‘‘(A) to plan and implement service pro-
grams; and
208
‘‘(B) to apply for assistance under the na-
tional service laws using, if appropriate, infor-
mation and materials available through a clear-
inghouse established under section 198A.
‘‘(7) Assistance in the provision of health care
and child care benefits under section 140 to partici-
pants in national service programs that receive as-
sistance under section 121.
‘‘(8) Development of a State system for the re-
cruitment and placement of participants in national
service programs that receive assistance under the
national service laws and dissemination of informa-
tion concerning national service programs that re-
ceive assistance and approved national service posi-
tions.
‘‘(9) Administration of the grant program in
support of national service programs that is con-
ducted by the State using assistance provided to the
State under section 121, including selection, over-
sight, and evaluation of grant recipients.
‘‘(10) Development of projects, training meth-
ods, curriculum materials, and other materials and
activities related to national service programs that
receive assistance from the State using assistance
provided under section 121.
209
‘‘(f) ACTIVITY INELIGIBLE
FOR ASSISTANCE.—A
State Commission may not directly carry out any national
service program that receives assistance under section
121.
‘‘(g) DELEGATION.—Subject to such requirements as
the Corporation may prescribe, a State Commission may
delegate nonpolicymaking duties to a State agency or pub-
lic or private nonprofit organization.
‘‘(h) APPROVAL OF STATE COMMISSION OR ALTER-
NATIVE.—
‘‘(1) SUBMISSION TO CORPORATION.—The chief
executive officer for a State shall notify the Corpora-
tion of the establishment or designation of the State
Commission for the State. The notification shall in-
clude a description of—
‘‘(A) the composition and membership of
the State Commission; and
‘‘(B) the authority of the State Commis-
sion regarding national service activities carried
out by the State.
‘‘(2) APPROVAL OF ALTERNATIVE ADMINISTRA-
TIVE ENTITY.—Any use of an alternative adminis-
trative entity to carry out the duties of a State Com-
mission shall be subject to the approval of the Cor-
poration.
210
‘‘(3) REJECTION.—The Corporation may reject
a State Commission if the Corporation determines
that the composition, membership, or duties of the
State Commission do not comply with the require-
ments of this section. The Corporation shall reject a
request to use an alternative administrative entity in
lieu of a State Commission if the Corporation deter-
mines that use of the alternative administrative en-
tity does not allow the individuals described in para-
graphs (1) and (2) of subsection (c) to play a sig-
nificant policy-making role in carrying out the duties
otherwise entrusted to a State Commission. If the
Corporation rejects a State Commission or alter-
native administrative entity under this paragraph,
the Corporation shall promptly notify the State of
the reasons for the rejection.
‘‘(4) RESUBMISSION AND RECONSIDERATION.—
The Corporation shall provide a State notified under
paragraph (3) with a reasonable opportunity to re-
vise the rejected State Commission or alternative ad-
ministrative entity. At the request of the State, the
Corporation shall provide technical assistance to the
State as part of the revision process. The Corpora-
tion shall promptly reconsider any resubmission of a
notification under paragraph (1) or application to
211
use an alternative administrative entity under para-
graph (2).
‘‘(5) SUBSEQUENT CHANGES.—This subsection
shall also apply to any change in the composition or
duties of a State Commission or an alternative ad-
ministrative entity made after approval of the State
Commission or the alternative administrative en-
tity.’’.
(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 178 and inserting the following new
item:
‘‘Sec. 178. State Commissions on National Service.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
(d) TRANSITIONAL PROVISIONS.—
(1) USE OF ALTERNATIVES TO STATE COMMIS-
SION.—If a State does not have a State Commission
on National Service that satisfies the requirements
specified in section 178 of the National and Commu-
nity Services Act of 1990, as amended by subsection
(a), the Corporation for National Service may au-
thorize the chief executive of the State to use an ex-
isting agency of the State to perform the duties oth-
212
erwise reserved to a State Commission under sub-
section (e) of such section.
(2) APPLICATION OF SUBSECTION.—This sub-
section shall apply only during the 18-month period
beginning on the date of the enactment of this Act.
SEC. 202. INTERIM AUTHORITIES OF THE CORPORATION
FOR NATIONAL SERVICE AND ACTION AGEN-
CY.
(a) NATIONAL AND COMMUNITY SERVICE ACT OF
1990.—Subtitle G of title I of the National and Commu-
nity Service Act of 1990 (42 U.S.C. 12651) is amended
to read as follows:
‘‘Subtitle G—Corporation for
National Service
‘‘SEC. 191. CORPORATION FOR NATIONAL SERVICE.
‘‘There is established a Corporation for National
Service that shall administer the programs established
under this Act. The Corporation shall be a Government
corporation, as defined in section 103 of title 5, United
States Code.
‘‘SEC. 192. BOARD OF DIRECTORS.
‘‘(a) COMPOSITION.—
‘‘(1) IN GENERAL.—There shall be in the Cor-
poration a Board of Directors (referred to in this
subtitle as the ‘Board’) that shall be composed of—
213
‘‘(A) not less than 15 members, including
the Chairperson appointed under section 193,
to be appointed by the President, by and with
the advice and consent of the Senate; and
‘‘(B) the ex officio members described in
paragraph (4).
‘‘(2) QUALIFICATIONS.—To the maximum ex-
tent practicable, the President shall appoint mem-
bers—
‘‘(A) who have extensive experience in vol-
unteer and service programs, including pro-
grams funded under one of the national service
laws, and in State government;
‘‘(B) who represent a broad range of view-
points;
‘‘(C) who are experts in the delivery of
human, educational, environmental, or public
safety services;
‘‘(D) so that the Board shall be diverse ac-
cording to race, ethnicity, age, and gender; and
‘‘(E) so that no more than 50 percent of
the appointed members of the Board, plus 1 ad-
ditional appointed member, are from a single
political party.
214
‘‘(3) EX OFFICIO MEMBERS.—The Secretary of
Education, the Secretary of Health and Human
Services, the Secretary of Labor, the Secretary of
the Interior, the Secretary of Agriculture, the Sec-
retary of Housing and Urban Development, the Sec-
retary of Defense, the Attorney General, the Direc-
tor of the Peace Corps, and the Administrator of the
Environmental Protection Agency shall serve as ex
officio nonvoting members of the Board.
‘‘(b) TERMS.—Each appointed member of the Board
shall serve for a term of 5 years, except that, as designated
by the President—
‘‘(1) 3 of the members first appointed to the
Board shall serve for a term of 1 year;
‘‘(2) 3 of the members first appointed to the
Board shall serve for a term of 2 years;
‘‘(3) 3 of the members first appointed to the
Board shall serve for a term of 3 years;
‘‘(4) 3 of the members first appointed to the
Board shall serve for a term of 4 years; and
‘‘(5) the remainder of the members first ap-
pointed to the Board shall serve for a term of 5
years.
‘‘(c) VACANCIES.—As vacancies occur on the Board,
new members shall be appointed by the President, by and
215
with the advice and consent of the Senate, and serve for
the remainder of the term for which the predecessor of
such member was appointed. The vacancy shall not affect
the power of the remaining members to execute the duties
of the Board.
‘‘SEC. 192A. AUTHORITIES AND DUTIES OF THE BOARD OF
DIRECTORS.
‘‘(a) MEETINGS.—The Board shall meet not less than
3 times each year. The Board shall hold additional meet-
ings at the call of the Chairperson or if a majority of the
members of the Board request such meetings in writing.
In addition, the Board (or designated members of the
Board) shall conduct periodic public hearings throughout
the United States to examine and review operation of the
national service laws.
‘‘(b) QUORUM.—A majority of the appointed mem-
bers of the Board shall constitute a quorum.
‘‘(c) OFFICERS.—
‘‘(1) VICE
CHAIRPERSON.—The Board shall
elect a Vice Chairperson from among its member-
ship. The Vice Chairperson may conduct meetings of
the Board in the absence of the Chairperson.
‘‘(2) OTHER OFFICERS.—The Board may elect
from among its membership such additional officers
216
of the Board as the Board determines to be appro-
priate.
‘‘(d) INSPECTOR GENERAL OVERSIGHT COMMIT-
TEE.—The Board shall establish an Inspector General
oversight committee (referred to in this subtitle as the
‘oversight committee’). Such committee shall be comprised
of the Vice Chairperson and two members selected by the
Vice Chairperson. The Chairperson shall not serve on the
oversight committee.
‘‘(e) EXPENSES.—While away from their homes or
regular places of business on the business of the Board,
members of such Board shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of chap-
ter 57 of title 5, United States Code, for persons employed
intermittently in the Government service.
‘‘(f) SPECIAL GOVERNMENT EMPLOYEES.—For pur-
poses of the provisions of chapter 11 of part I of title 18,
United States Code, and any other provision of Federal
law, a member of the Board (to whom such provisions
would not otherwise apply except for this subsection) shall
be a special Government employee.
‘‘(g) STATUS OF MEMBERS.—
‘‘(1) OTHER CLAIMS.—A member of the Board
has no personal liability under Federal law with re-
217
spect to any claim arising out of or resulting from
any act or omission by such person, within the scope
of the service of the member on the Board, in con-
nection with any transaction involving the provision
of financial assistance by the Corporation. This
paragraph shall not be construed to limit personal li-
ability for criminal acts or omissions, willful or mali-
cious misconduct, acts or omissions for private gain,
or any other act or omission outside the scope of the
service of such member on the Board.
‘‘(2) EFFECT ON OTHER LAW.—This subsection
shall not be construed—
‘‘(A) to affect any other immunities and
protections that may be available to such mem-
ber under applicable law with respect to such
transactions;
‘‘(B) to affect any other right or remedy
against the Corporation, against the United
States under applicable law, or against any per-
son other than a member of the Board partici-
pating in such transactions; or
‘‘(C) to limit or alter in any way the im-
munities that are available under applicable law
for Federal officials and employees not de-
scribed in this subsection.
224
pursuant to the national service laws, in accordance
with section 176;
‘‘(5) prepare and submit to the Board an an-
nual report, and such interim reports as may be nec-
essary, describing the major actions of the Chair-
person with respect to the personnel of the Corpora-
tion, and with respect to such standards, policies,
procedures, programs, and initiatives;
‘‘(6) notify, and provide an explanation to, the
Board regarding any substantial differences between
the actions of the Chairperson and the strategic plan
described in section 192A(h)(2); and
‘‘(7) prepare and submit to the appropriate
committees of Congress an annual report, and such
interim reports as may be necessary, describing—
‘‘(A) the services referred to in paragraph
(1), and the money and property referred to in
paragraph (2), of section 196(a) that have been
accepted by the Corporation; and
‘‘(B) the manner in which the Corporation
used or disposed of such services, money, and
property.
‘‘(c) POWERS.—In addition to the authority conferred
on the Chairperson under any other provision of this Act,
the Chairperson may—
230
‘‘(b) INSPECTOR GENERAL.—There shall be in the
Corporation an Office of Inspector General as provided in
section 8E(a)(2) of the Inspector General Act of 1978 (5
U.S.C. App.).
‘‘(c) CHIEF FINANCIAL OFFICER.—
‘‘(1) OFFICE.—There shall be in the Corpora-
tion a Chief Financial Officer, who shall be ap-
pointed by the President, by and with the advice and
consent of the Senate.
‘‘(2) COMPENSATION.—The Chief Financial Of-
ficer shall be compensated at the rate provided for
level IV of the Executive Schedule under section
5315 of title 5, United States Code.
‘‘(3) DUTIES.—The Chief Financial Officer
shall—
‘‘(A) report directly to the Chairperson re-
garding financial management matters;
‘‘(B) oversee all financial management ac-
tivities relating to the programs and operations
of the Corporation;
‘‘(C) develop and maintain an integrated
accounting and financial management system
for the Corporation, including financial report-
ing and internal controls;