I
103D CONGRESS
1ST SESSION
H. R. 2010
To amend the National and Community Service Act of 1990 to establish
a Corporation for National Service, enhance opportunities for national
service, and provide national service educational awards to persons par-
ticipating in such service, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 6, 1993
Mr. MARTINEZ (for himself, Mr. FORD of Michigan, Mr. OWENS, Mr. KILDEE,
Mr. CLAY, Mr. MILLER of California, Mr. MURPHY, Mr. WILLIAMS, Mr.
SAWYER, Mr. PAYNE of New Jersey, Mrs. UNSOELD, Mrs. MINK, Mr.
ANDREWS of New Jersey, Mr. REED, Mr. ROEMER, Mr. ENGEL, Mr.
BECERRA, Mr. SCOTT, Mr. GENE GREEN of Texas, Ms. WOOLSEY, Mr.
ROMERO-BARCELO´, Mr. KLINK, Ms. ENGLISH
of Arizona, Mr.
STRICKLAND, Mr. DE LUGO, Mr. FALEOMAVAEGA, Mr. BAESLER, Mr.
UNDERWOOD, Mr. GUNDERSON, Mr. HOEKSTRA, Mr. MCCURDY, Mr.
SHAYS, Mr. ABERCROMBIE, Mr. ACKERMAN, Mr. BACCHUS of Florida,
Mr. BARLOW, Mr. BEILENSON, Mr. BEREUTER, Mr. BERMAN, Mr. BE-
VILL, Mr. BILBRAY, Mr. BLUTE, Mr. BOUCHER, Mr. BREWSTER, Mr.
BROWDER, Mr. BRYANT, Mr. CARR, Mr. CHAPMAN, Mr. CLEMENT, Mr.
COOPER, Mr. COPPERSMITH, Mr. COSTELLO, Mr. CRAMER, Mr. DARDEN,
Mr. DEAL, Ms. DELAURO, Mr. DERRICK, Mr. DICKEY, Mr. DICKS, Mr.
ENGLISH of Oklahoma, Ms. ESHOO, Mr. FAZIO, Mr. FIELDS of Louisi-
ana, Mr. FILNER, Mr. FISH, Mr. FLAKE, Mr. FRANK of Massachusetts,
Mr. PETE GEREN of Texas, Mr. GILMAN, Mr. GILLMOR, Mr. GORDON,
Mr. HAYES, Mr. HEFNER, Mr. HINCHEY, Mr. HOCHBRUECKNER, Mr.
HOLDEN, Mr. HORN, Mr. HOUGHTON, Mr. HOYER, Mr. HUGHES, Mr.
JEFFERSON, Mr. JOHNSON of Georgia, Mr. KENNEDY, Mrs. KENNELLY,
Mr. KLEIN, Mr. LAFALCE, Mr. LANCASTER, Mr. LANTOS, Mr. LAROCCO,
Mr. LAZIO, Mr. LEACH, Mr. LEWIS of Florida, Mr. LEWIS of Georgia,
Mr. LIPINSKI, Mrs. LLOYD, Mrs. LOWEY, Mr. MCDERMOTT, Mr.
MCHALE, Mr. MACHTLEY, Mrs. MALONEY, Mr. MANTON, Mr. MAZZOLI,
Mr. MENENDEZ, Mr. MFUME, Mr. MOLLOHAN, Mr. MONTGOMERY, Mr.
MORAN, Mrs. MORELLA, Mr. MURTHA, Mr. OBERSTAR, Mr. ORTON, Mr.
PAYNE of Virginia, Ms. PELOSI, Mr. PENNY, Mr. PETERSON of Min-
nesota, Mr. POSHARD, Mr. PRICE of North Carolina, Mr. RICHARDSON,
Mr. ROSE, Ms. SCHENK, Mr. SERRANO, Ms. SHEPHERD, Mr. SKELTON,
Mr. SLATTERY, Ms. SLAUGHTER, Ms. SNOWE, Mr. SPRATT, Mr. STOKES,
Mr. STUDDS, Mr. STUPAK, Mr. SWETT, Mr. SWIFT, Mr. TANNER, Mr.
TAUZIN, Mrs. THURMAN, Mr. TORKILDSEN, Mr. TORRES, Mr. UPTON,
Ms. VELA´ZQUEZ, Mr. VENTO, Mr. VOLKMER, Ms. WATERS, Mr. WATT,
Mr. WAXMAN, Mr. WHEAT, and Mr. WISE) introduced the following bill;
which was referred to the Committee on Education and Labor
A BILL
To amend the National and Community Service Act of 1990
to establish a Corporation for National Service, enhance
opportunities for national service, and provide national
service educational awards to persons participating in
such service, and for other purposes.
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.
Subtitle B—Related Provisions
Sec. 111. Definitions.
Sec. 112. Authority to make State grants.
Sec. 113. Family and medical leave.
Sec. 114. Reports.
Sec. 115. Nondiscrimination.
Sec. 116. Notice, hearing, and grievance procedures.
Sec. 117. Nondisplacement.
Sec. 118. Evaluation.
Sec. 119. Engagement of participants.
Sec. 120. Contingent extension.
Sec. 121. Repeals.
TITLE II—ORGANIZATION
Sec. 201. State Commissions on National Service.
Sec. 202. Interim authorities of the Corporation for National Service and
ACTION Agency.
Sec. 203. Final authorities of the Corporation for National Service.
TITLE III—REAUTHORIZATION
Subtitle A—National and Community Service Act of 1990
Sec. 301. Authorization of appropriations.
Subtitle B—Domestic Volunteer Service Act of 1973
Sec. 311. Short title; references.
CHAPTER 1—VISTA AND OTHER ANTI-POVERTY PROGRAMS
Sec. 321. Purpose of the VISTA program.
Sec. 322. Selection and assignment of VISTA volunteers.
Sec. 323. Terms and periods of service.
Sec. 324. Support for VISTA volunteers.
Sec. 325. Participation of younger and older persons.
Sec. 326. Literacy activities.
Sec. 327. Applications for assistance.
Sec. 328. Repeal of authority for student community service programs.
Sec. 329. University year for VISTA.
Sec. 330. Authority to establish and operate special volunteer and 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. Participation of non-low-income persons under parts B and C.
Sec. 347. Conditions of grants and contracts.
Sec. 348. Evaluation of the Senior Companion Program.
Sec. 349. Agreements with other Federal agencies.
Sec. 350. Programs of national significance.
Sec. 351. Adjustments to Federal financial assistance.
Sec. 352. Demonstration programs.
CHAPTER 3—ADMINISTRATION
Sec. 361. Purpose of agency.
Sec. 362. Authority of the Director.
Sec. 363. Compensation for volunteers.
Sec. 364. Repeal of report.
Sec. 365. Application of Federal law.
Sec. 366. Evaluation of programs.
Sec. 367. Nondiscrimination provisions.
Sec. 368. Elimination of separate requirements for setting regulations.
Sec. 369. Clarification of role of Inspector General.
Sec. 370. Copyright protection.
Sec. 371. Center for research and training.
Sec. 372. Deposit requirement credit for service as a volunteer.
CHAPTER 4—AUTHORIZATION OF APPROPRIATIONS AND OTHER
AMENDMENTS
Sec. 381. Authorization of appropriations for title I.
Sec. 382. Authorization of appropriations for title II.
Sec. 383. Authorization of appropriations for title IV.
Sec. 384. Conforming amendments; compensation for VISTA FECA claimants.
Sec. 385. Repeal of authority.
CHAPTER 5—GENERAL PROVISIONS
Sec. 391. Technical and conforming amendments.
Sec. 392. Effective date.
TITLE IV—TECHNICAL AND CONFORMING AMENDMENTS
Sec. 401. Definition of Director.
Sec. 402. References to ACTION and the ACTION Agency.
Sec. 403. Definitions.
Sec. 404. References to the Commission on National and Community Service.
Sec. 405. References to Directors of the Commission on National and Commu-
nity Service.
Sec. 406. Effective date.
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, 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.
‘‘(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 or income, 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) 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
‘‘(7) 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) ASSISTANCE PROGRAM AUTHORIZED.—Subtitle
C of title I of the National and Community Service Act
of 1990 (42 U.S.C. 12541 et seq.) is amended to read
as follows:
‘‘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 not-for-
profit 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.
‘‘(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 or in kind, fairly evaluated,
including facilities, equipment, 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 capabilities, ages, ethnic backgrounds,
or genders.
‘‘(2) A youth corps program, such as a con-
servation corps or youth service corps (including a
conservation corps or youth service corps that per-
forms service on Federal or other public lands or on
Indian lands), that—
‘‘(A) undertakes meaningful full-time serv-
ice projects with visible benefits to a commu-
nity, including natural resource, urban renova-
tion, 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 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) 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
and places qualified participants in positions—
‘‘(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 not-for-profit 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 who are between the ages of
16 and 24 years of age, inclusive, are provided with
opportunities to perform service that, while enabling
such individuals to obtain the education and employ-
ment skills necessary to achieve economic self-suffi-
ciency, 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.
‘‘(12) 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 who
are experts regarding national service 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.
‘‘(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 not-for-profit 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; and
‘‘(5) provide for or improve the training pro-
vided to the participants in such programs.
‘‘(b) TECHNICAL
ASSISTANCE.—The Corporation
may make appropriate technical assistance available to
States, labor organizations, organizations operated by
young adults, and other entities described in section 121
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.—The Corpora-
tion may make assistance available to assist a State
to establish or operate the State Commission on Na-
tional Service required to be established by the State
under section 178.
‘‘(2) AMOUNT OF ASSISTANCE.—The amount of
assistance that may be provided to a State Commis-
sion under this subsection, together with other Fed-
eral funds available to establish or operate the State
Commission, 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.
‘‘(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 disaster
relief efforts.
‘‘(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 pro-
grams.
‘‘(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.—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 section 121(a) (and a cor-
responding allotment of approved national service
positions) to each of the several States, the District
of Columbia, and the Commonwealth 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 population of the State bears
to the total population of the several States, the Dis-
trict of Columbia, and the Commonwealth of Puerto
Rico.
‘‘(2) ONE
PERCENT
ALLOTMENT
OF
ASSIST-
ANCE.—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 reserve 1 percent of the allocated funds for
grants under section 121(a) to Indian tribes, the
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, to
be allotted by the Corporation on a competitive basis
in accordance with their respective needs. Palau
shall also be eligible for a grant under this para-
graph from the 1 percent allotment until such time
as the Compact of Free Association with Palau is
ratified.
‘‘(3) 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 paragraph
(1), to make a reallotment to other States and
Indian tribes with approved applications under
section 130.
‘‘(b) RESERVATION OF APPROVED POSITIONS.—
‘‘(1) NUMBER RESERVED.—Except as provided
in paragraph (2), the Corporation shall ensure that
each individual selected during a fiscal year for as-
signment 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 edu-
cational award described in subtitle D if the individ-
ual 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 na-
tional service positions to be available for distribu-
tion under subsections (a) and (d) for that fiscal
year.
‘‘(2) EXCEPTION.—If the total number of ap-
proved national service positions to be available for
distribution under subsections (a) and (d) for a fis-
cal year does not exceed 200 percent of the number
of such positions that would be required to satisfy
paragraph (1) for that fiscal year, the Corporation
shall not reserve the national service educational
award for individuals described in such paragraph
who are selected during that fiscal year.
‘‘(c) RESERVATION
FOR SPECIAL ASSISTANCE.—
Subject to section 501(a)(2), of the funds allocated by the
Corporation for provision of assistance under subsections
(a) and (b) of section 121 for a fiscal year, the Corpora-
tion may reserve such amount as the Corporation consid-
ers to be appropriate for the purpose of making assistance
available under sections 125 and 126. However, the Cor-
poration 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 not-for-profit organizations (in-
cluding labor organizations), institutions of higher
education, 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).
‘‘(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 not-for-profit orga-
nization, institution of higher education, or Federal agen-
cy shall prepare and submit to the Corporation an applica-
tion at such time, in such manner, and containing such
information 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.
‘‘(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 reducing their reli-
ance on Federal funds.
‘‘(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 economically disadvan-
taged youth, for the national service programs re-
ferred 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 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 the labor organization 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.
‘‘(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 SERVICE SPON-
SORS.—In the case of an applicant that proposes to serve
as the service sponsor, the application shall include the
written concurrence of any local labor organization rep-
resenting employees of the applicant who are engaged in
the same or substantially similar work as that proposed
to be carried out.
‘‘(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 preformed; 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
the community served, community-based agencies
with a demonstrated record of experience in provid-
ing services, and local labor organizations represent-
ing employees of service sponsors;
‘‘(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;
‘‘(B) 
develop 
measurable 
performance
goals and evaluation methods (such as the use
of surveys of participants and persons served),
which are to be used as part of such evaluation
to determine 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) 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 124 shall also include
an assurance by the applicant that the applicant will—
‘‘(1) provide a living allowance and other bene-
fits specified in section 140 to participants in any
national service program carried out by the appli-
cant 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.
‘‘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.
‘‘(5) The extent to which participants of the na-
tional service program are recruited from among
residents of the communities in which projects are to
be conducted, and the extent to which participants
and community residents are involved in the design,
leadership, and operation of the program.
‘‘(6) The extent to which projects would be con-
ducted in areas where they are needed most, such
as—
‘‘(A) communities designated as enterprise
zones or redevelopment areas, targeted for spe-
cial economic incentives, or otherwise identifi-
able as having high concentrations of low-in-
come people;
‘‘(B) areas that are environmentally dis-
tressed; or
‘‘(C) areas adversely affected by reductions
in defense spending or the closure or realign-
ment of military installations.
‘‘(7) In the case of applicants other than
States, the extent to which the application is consist-
ent with the application under section 130 of the
State in which the projects would be conducted.
‘‘(8) Such other criteria as the Corporation con-
siders to be appropriate.
‘‘(d) OTHER CONSIDERATIONS.—
‘‘(1) GEOGRAPHIC
DIVERSITY.—The Corpora-
tion shall ensure that recipients of assistance pro-
vided under section 121 are geographically diverse
and include projects to be conducted in those urban
and rural areas in a State with the highest rates of
poverty.
‘‘(2) PRIORITIES.—The Corporation may des-
ignate, under such criteria as may be established by
the Corporation, certain national service programs
or types of national service programs described in
section 122(a) for priority consideration in the com-
petitive 
distribution 
of 
funds 
under 
section
129(d)(2). In designating national service programs
to receive priority, the Corporation may include—
‘‘(A) national service programs carried out
by another Federal agency;
‘‘(B) national service programs that con-
form to the national service priorities in effect
under section 122(c);
‘‘(C) innovative national service programs;
‘‘(D) national service programs that are
well established in one or more States at the
time of the application and are proposed to be
expanded to additional States using assistance
provided under section 121;
‘‘(E) grant programs in support of other
national service programs if the grant programs
are to be conducted by not-for-profit organiza-
tions with a demonstrated and extensive exper-
tise in the provision of services to meet human,
educational, environmental, or public safety
needs; and
‘‘(F) professional corps programs described
in section 122(a)(8).
‘‘(e) REJECTION OF STATE APPLICATIONS.—
‘‘(1) NOTIFICATION OF STATE APPLICANTS.—If
the Corporation rejects an application submitted by
a State Commission under section 130 for funds de-
scribed in section 129(a)(1), the Corporation shall
promptly notify the State Commission of the reasons
for the rejection of the application.
‘‘(2) RESUBMISSION AND RECONSIDERATION.—
The Corporation shall provide a State Commission
notified under paragraph (1) with a reasonable op-
portunity to revise and resubmit the application. At
the request of the State Commission, the Corpora-
tion shall provide technical assistance to the State
Commission as part of the resubmission process.
The Corporation shall promptly reconsider an appli-
cation resubmitted under this paragraph.
‘‘(3) REALLOTMENT.—The amount of any
State’s allotment under section 129(a) for a fiscal
year that the Corporation determines will not be
provided for that fiscal year shall be available for
distribution by the Corporation as provided in para-
graph (3) of such subsection.
‘‘PART III—NATIONAL SERVICE PARTICIPANTS
‘‘SEC. 137. DESCRIPTION OF PARTICIPANTS.
‘‘(a) IN GENERAL.—For purposes of this subtitle, an
individual shall be considered to be a participant in a na-
tional service program carried out using assistance pro-
vided under section 121 if the individual—
‘‘(1) meets such eligibility requirements as may
be established by the program;
‘‘(2) is selected by the program to serve in a po-
sition with the program;
‘‘(3) will serve in the program for a term of
service specified in section 139 to be performed be-
fore, during, or after attendance at an institution of
higher education;
‘‘(4) is 17 years of age or older at the time the
individual begins the term of service;
‘‘(5) has received a high school diploma or its
equivalent or agrees to obtain a high school diploma
or its equivalent and the individual did not drop out
of an elementary or secondary school to enroll in the
program; and
‘‘(6) is a citizen of the United States or lawfully
admitted for permanent residence.
‘‘(b) SPECIAL RULES FOR CERTAIN YOUTH PRO-
GRAMS.—An individual shall be considered to be a partici-
pant in a youth corps program described in section
122(a)(2) or a program described in section 122(a)(9)
that is carried out with assistance provided under section
121(a) if the individual—
‘‘(1) satisfies the requirements specified in sub-
section (a), except paragraph (4) of such subsection;
and
‘‘(2) is between the ages of 16 and 25, inclu-
sive, at the time the individual begins the term of
service.
‘‘SEC. 138. SELECTION OF NATIONAL SERVICE PARTICI-
PANTS.
‘‘(a) SELECTION PROCESS.—Subject to subsections
(b) and (c) and section 131(f), the actual recruitment and
selection of an individual to serve in a national service pro-
gram receiving assistance under section 121 or to fill an
approved national service position shall be conducted by
the State, subdivision of a State, Indian tribe, public or
private not-for-profit organization, institution of higher
education, Federal agency, or other entity to which the
assistance and approved national service positions are pro-
vided.
‘‘(b) NONDISCRIMINATION AND NONPOLITICAL SE-
LECTION OF PARTICIPANTS.—The recruitment and selec-
tion of individuals to serve in national service programs
receiving assistance under section 121 or to fill approved
national service positions shall be consistent with the re-
quirements of section 175.
‘‘(c) SECOND TERM.—Acceptance into a national
service program to serve a second term of service under
section 139 shall only be available to individuals who per-
form satisfactorily in their first term of service.
‘‘(d) RECRUITMENT
AND PLACEMENT.—The Cor-
poration and each State Commission shall establish a sys-
tem to recruit individuals who desire to perform national
service and to assist the placement of these individuals in
approved national service positions, including positions
available under title I of the Domestic Volunteer Service
Act of 1973 (42 U.S.C. 4951). The Corporation and State
Commissions shall disseminate information regarding
available approved national service positions through co-
operation with secondary schools, institutions of higher
education, employment service offices, and other appro-
priate entities, particularly those organizations that pro-
vide outreach to disadvantaged youths.
‘‘(e) NATIONAL LEADERSHIP POOL.—
‘‘(1) SELECTION AND TRAINING.—From among
individuals recruited under subsection (d), the Cor-
poration may select individuals with significant lead-
ership potential, as determined by the Corporation,
to receive special training to enhance their leader-
ship ability. The leadership training shall be pro-
vided by the Corporation directly or through a grant
or contract.
‘‘(2) EMPHASIS ON CERTAIN INDIVIDUALS.—In
selecting individuals to receive leadership training
under this subsection, the Corporation shall make
special efforts to select individuals who have served
in the Peace Corps, as VISTA volunteers, or as par-
ticipants in national service programs receiving as-
sistance under section 121.
‘‘(3) ASSIGNMENT.—At the request of a pro-
gram that receives assistance under the national
service laws, the Corporation may assign an individ-
ual who receives leadership training under para-
graph (1) to work with the program in a leadership
position and carry out assignments not otherwise
performed by regular participants. An individual as-
signed to a program shall be considered to be a par-
ticipant of the program.
‘‘SEC. 139. TERMS OF SERVICE.
‘‘(a) IN GENERAL.—As a condition of receiving a na-
tional service education award under subtitle D, a partici-
pant in an approved national service position shall be re-
quired to perform full- or part-time national service for
at least one term of service specified in subsection (b).
‘‘(b) TERM OF SERVICE.—
‘‘(1) FULL-TIME SERVICE.—An individual per-
forming full-time national service in an approved na-
tional service position shall agree to participate in
the program sponsoring the position for not less
than 1,700 hours during a period of not less than
9 months and not more than 1 year.
‘‘(2) PART-TIME SERVICE.—Except as provided
in paragraph (3), an individual performing part-time
national service in an approved national service posi-
tion shall agree to participate in the program spon-
soring the position for not less than 1,700 hours
during a period of not less than 1 year and not more
than 2 years.
‘‘(3) REDUCTION
IN
HOURS
OF
PART-TIME
SERVICE.—The Corporation may reduce the number
of hours required to be served to successfully com-
plete part-time national service to a level determined
by the Corporation, except that any reduction in the
required term of service shall include a correspond-
ing reduction in the amount of any national service
educational award that may be available under sub-
title D with regard to that service.
‘‘(c) RELEASE FROM COMPLETING TERM OF SERV-
ICE.—
‘‘(1) RELEASE
AUTHORIZED.—A recipient of
assistance under section 121 or a program sponsor-
ing an approved national service position may re-
lease a participant from completing a term of service
in the position—
‘‘(A) for compelling personal circumstances
as demonstrated by the participant; or
‘‘(B) for cause.
‘‘(2) EFFECT
OF
RELEASE.—If the released
participant was serving in an approved national
service position, the participant may receive a por-
tion of the national service educational award cor-
responding to that service in the manner provided in
section 147(b), except that a participant released for
cause may not receive any portion of the national
service educational award.
‘‘SEC. 140. LIVING ALLOWANCES FOR NATIONAL SERVICE
PARTICIPANTS.
‘‘(a) PROVISION OF LIVING ALLOWANCE.—
‘‘(1) LIVING ALLOWANCE PERMITTED.—Subject
to paragraph (3), a national service program carried
out using assistance provided under section 121
shall provide to each participant in the program a
living allowance in such an amount as may be estab-
lished by the program.
‘‘(2) LIMITATION
ON
FEDERAL
SHARE.—The
amount of the annual living allowance provided
under paragraph (1) that may be paid using assist-
ance provided under section 121 and using any other
Federal funds shall not exceed the lesser of—
‘‘(A) 85 percent of the total average an-
nual subsistence allowance provided to VISTA
volunteers under section 105 of the Domestic
Volunteer Service Act of 1973 (42 U.S.C.
4955); and
‘‘(B) 85 percent of the annual living allow-
ance established by the national service pro-
gram involved.
‘‘(3) MAXIMUM
LIVING
ALLOWANCE.—Except
as provided in subsection (c), the total amount of an
annual living allowance that may be provided to a
participant in a national service program shall not
exceed 200 percent of the average annual subsist-
ence allowance provided to VISTA volunteers under
section 105 of the Domestic Volunteer Service Act
of 1973 (42 U.S.C. 4955).
‘‘(4) PRORATION OF LIVING ALLOWANCE.—The
amount provided as a living allowance under this
subsection shall be prorated in the case of a partici-
pant who is authorized to serve a reduced term of
service under section 139(b)(3).
‘‘(5) TREATMENT
OF
LIVING
ALLOWANCE.—
The amount provided as a living allowance under
this subsection, up to the maximum living allowance
authorized by paragraph (3), shall not be taken into
account in determining the need or eligibility of any
person for benefits or assistance, or the amount of
such benefits or assistance, under any Federal,
State, or local program financed in whole or in part
with Federal funds. Nothing in the preceding sen-
tence shall be construed to exclude amounts received
as a living allowance from gross income under sec-
tion 61 of the Internal Revenue Code of 1986 (26
U.S.C. 61).
‘‘(b) COVERAGE OF CERTAIN EMPLOYMENT-RELAT-
ED TAXES.—To the extent a national service program that
receives assistance under section 121 is subject, with re-
spect to the participants in the program, to the taxes im-
posed on an employer under sections 3111 and 3301 of
the Internal Revenue Code of 1986 (26 U.S.C. 3111,
3301) and taxes imposed on an employer under a work-
men’s compensation act, the assistance provided to the
program under section 121 shall include an amount suffi-
cient to cover 85 percent of such taxes based upon the
lesser of—
‘‘(1) the total average annual subsistence allow-
ance provided to VISTA volunteers under section
105 of the Domestic Volunteer Service Act of 1973
(42 U.S.C. 4955); and
‘‘(2) the annual living allowance established by
the program.
‘‘(c) EXCEPTION FROM MAXIMUM LIVING ALLOW-
ANCE FOR CERTAIN ASSISTANCE.—A professional corps
program described in section 122(a)(8) that desires to
provide a living allowance in excess of the maximum allow-
ance authorized in subsection (a)(3) may still apply for
such assistance, except that—
‘‘(1) any assistance provided to the applicant
under section 121 may not be used to pay for any
portion of the allowance;
‘‘(2) the applicant shall apply for such assist-
ance only by submitting an application to the Cor-
poration for assistance on a competitive basis; and
‘‘(3) the national service program must be oper-
ated directly by the applicant and must meet urgent,
unmet human, educational, environmental, or public
safety needs, as determined by the Corporation.
‘‘(d) HEALTH INSURANCE.—A State or other recipi-
ent of assistance under section 121 shall provide a basic
health care policy for each full-time participant in a na-
tional service program carried out or supported using the
assistance if the participant is not otherwise covered by
a health care policy. Not more than 85 percent of the cost
of a premium shall be provided by the Corporation, with
the remaining cost paid by the entity receiving assistance
under section 121. The Corporation shall establish mini-
mum standards that all plans must meet in order to qual-
ify for payment under this part, any circumstances in
which an alternative health care policy may be substituted
for the basic health care policy, and mechanisms to pro-
hibit participants from dropping existing coverage.
‘‘(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) WAIVER OF LIMITATION ON FEDERAL SHARE.—
The Corporation may waive in whole or in part the limita-
tion on the Federal share specified in this section with
respect to a particular 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 re-
sources at the local level.
‘‘SEC. 141. NATIONAL SERVICE EDUCATIONAL AWARDS.
‘‘(a) ELIGIBILITY GENERALLY.—A participant in a
national service program carried out using assistance pro-
vided to an applicant under section 121 shall be eligible
for the national service educational award described in
subtitle D if the participant—
‘‘(1) serves in an approved national service po-
sition; and
‘‘(2) satisfies the eligibility requirements speci-
fied in section 146 with respect to service in that ap-
proved national service position.
‘‘(b) SPECIAL RULE FOR VISTA VOLUNTEERS.—A
VISTA volunteer who serves in an approved national serv-
ice position shall be ineligible for a national service edu-
cational award if the VISTA volunteer accepts the stipend
authorized under section 105(a)(1) of the Domestic Volun-
teer Service Act of 1973 (42 U.S.C. 4955(a)(1).’’.
(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 subtitle C of title I of such Act and in-
serting the following new items:
‘‘Subtitle C—National Service Trust Program
‘‘PART I—INVESTMENT IN NATIONAL SERVICE
‘‘Sec. 121. Authority to provide assistance and approved national service posi-
tions.
‘‘Sec. 122. Types of national service programs eligible for program assistance.
‘‘Sec. 123. Types of national service positions eligible for approval for national
service educational awards.
‘‘Sec. 124. Types of program assistance.
‘‘Sec. 125. Training and technical assistance.
‘‘Sec. 126. Other special assistance.
‘‘PART II—APPLICATION AND APPROVAL PROCESS
‘‘Sec. 129. Provision of assistance and approved national service positions by
competitive and other means.
‘‘Sec. 130. Application for assistance and approved national service positions.
‘‘Sec. 131. National service program assistance requirements.
‘‘Sec. 132. Ineligible service categories.
‘‘Sec. 133. Consideration of applications.
‘‘PART III—NATIONAL SERVICE PARTICIPANTS
‘‘Sec. 137. Description of participants.
‘‘Sec. 138. Selection of national service participants.
‘‘Sec. 139. Required terms of service of national service participants.
‘‘Sec. 140. Living allowances for national service participants.
‘‘Sec. 141. National service educational awards.’’.
SEC. 102. NATIONAL SERVICE TRUST AND PROVISION OF
NATIONAL SERVICE EDUCATIONAL AWARDS.
(a) ESTABLISHMENT
OF TRUST; PROVISION
OF
AWARDS.—Subtitle D of title I of the National and Com-
munity Service Act of 1990 (42 U.S.C. 12571 et seq.) is
amended to read as follows:
‘‘Subtitle 
D—National 
Service
Trust and Provision of National
Service Educational Awards
‘‘SEC. 145. ESTABLISHMENT OF THE NATIONAL SERVICE
TRUST.
‘‘(a) ESTABLISHMENT.—There is established in the
Treasury of the United States an account to be known
as the National Service Trust. The Trust shall consist
of—
‘‘(1) from the amounts appropriated to the Cor-
poration and made available to carry out this sub-
title pursuant to section 501(a)(1), such amounts as
the Corporation may designate to be available for
the payment of—
‘‘(A) national service educational awards;
and
‘‘(B) interest expenses pursuant to sub-
section (e);
‘‘(2) any amounts received by the Corporation
as gifts, bequests, devise, or otherwise pursuant to
section 192(a)(2); and
‘‘(3) the interest on, and proceeds from the sale
or redemption of, any obligations held by the Trust.
‘‘(b) INVESTMENT OF TRUST.—It shall be the duty
of the Secretary of the Treasury to invest in full the
amounts appropriated to the Trust. Except as otherwise
expressly provided in instruments concerning a gift, be-
quest, devise, or other donation and agreed to by the Cor-
poration, such investments may be made only in interest-
bearing obligations of the United States or in obligations
guaranteed as to both principal and interest by the United
States. For such purpose, such obligations may be ac-
quired (1) on original issue at the issue price, or (2) by
purchase of outstanding obligations at the marketplace.
Any obligation acquired by the Trust may be sold by the
Secretary at the market price.
‘‘(c) EXPENDITURES FROM TRUST.—Amounts in the
Trust shall be available for payments of national service
educational awards in accordance with section 148.
‘‘(d) REPORTS TO CONGRESS ON RECEIPTS AND EX-
PENDITURES.—The Corporation shall submit an annual
report to the Congress on the financial status of the Trust.
Such report shall—
‘‘(1) specify the amount deposited to the Trust
from the most recent appropriation to the Corpora-
tion, the amount received by the Corporation as gifts
or bequest during the period covered by the report,
and any amounts obtained by the Trust pursuant to
subsection (a)(3);
‘‘(2) identify the number of individuals who are
currently performing service to qualify, or have
qualified, for national service educational awards;
‘‘(3) identify the number of individuals whose
ability to claim national service educational awards
during the period covered by the report—
‘‘(A) has been reduced pursuant to section
147(b); or
‘‘(B) has lapsed pursuant to section
146(d); and
‘‘(4) estimate the number of additional ap-
proved national service positions which the Corpora-
tion will be able to make available under subtitle C
on the basis of any accumulated surplus in the
Trust above the amount required to provide national
service educational awards to individuals identified
under paragraph (2), including any amounts avail-
able as a result of the circumstances referred to in
paragraph (3).
‘‘SEC. 146. INDIVIDUALS ELIGIBLE TO RECEIVE A NATIONAL
SERVICE EDUCATIONAL AWARD FROM THE
TRUST.
‘‘(a) ELIGIBLE INDIVIDUALS.—An individual shall
receive a national service educational award from the Na-
tional Service Trust if the individual—
‘‘(1) successfully completes the required term of
service described in subsection (b) in an approved
national service position;
‘‘(2) was 17 years of age or older at the time
the individual began serving in the approved na-
tional service position or was an out-of-school youth
serving in an approved national service position with
a youth corps program described in section
122(a)(2) or a program described in section
122(a)(9);
‘‘(3) has received a high school diploma, or the
equivalent of such diploma, at the time the individ-
ual uses the national service educational award; and
‘‘(4) is a citizen of the United States or lawfully
admitted for permanent residence.
‘‘(b) TERM OF SERVICE.—The term of service for an
approved national service position shall not be less than
the full- or part-time term of service specified in section
139(b).
‘‘(c) LIMITATION ON NUMBER OF TERMS OF SERV-
ICE FOR AWARDS.—Although an individual may serve
more than 2 terms of service described in subsection (b)
in an approved national service position, the individual
shall receive a national service educational award from the
National Service Trust only on the basis of the first and
second of such terms of service.
‘‘(d) TIME FOR USE OF EDUCATIONAL AWARD.—
‘‘(1) FIVE-YEAR REQUIREMENT.—An individual
eligible to receive a national service educational
award under this section may not use such award
after the end of the 5-year period beginning on the
date the individual completes the term of service in
an approved national service position that is the
basis of the award.
‘‘(2) EXCEPTION.—The Corporation may ex-
tend the period within which an individual may use
a national service educational award if the Corpora-
tion determines that the individual—
‘‘(A) was unavoidably prevented from
using the national service educational award
during the original 5-year period; or
‘‘(B) performed another term of service in
an approved national service position during
that period.
‘‘SEC. 147. DETERMINATION OF THE AMOUNT OF THE NA-
TIONAL SERVICE EDUCATIONAL AWARD.
‘‘(a) AMOUNT GENERALLY.—Except as provided in
subsection (b), an individual described in section 146(a)
who successfully completes a required term of service in
an approved national service position shall receive a na-
tional service educational award having a value equal to
$5,000 for each of not more than 2 of such terms of serv-
ice.
‘‘(b) AWARD FOR PARTIAL COMPLETION OF SERV-
ICE.—If an individual serving in an approved national
service position is released in accordance with section
139(c)(1)(A) from completing the term of service agreed
to by the individual, the Corporation may provide the indi-
vidual with that portion of the national service educational
award approved for the individual that corresponds to the
quantity of the term of service actually completed by the
individual.
‘‘SEC. 148. DISBURSEMENT OF NATIONAL SERVICE EDU-
CATIONAL AWARDS.
‘‘(a) IN GENERAL.—Amounts in the Trust shall be
available—
‘‘(1) to repay student loans in accordance with
subsection (b);
‘‘(2) to pay all or part of the cost of attendance
at an institution of higher education in accordance
with subsection (c);
‘‘(3) to pay expenses incurred in participating
in an approved school-to-work program in accord-
ance with subsection (d); and
‘‘(4) to pay interest expenses in accordance with
regulations prescribed pursuant to subsection (e).
‘‘(b) USE OF EDUCATIONAL AWARD TO REPAY OUT-
STANDING STUDENT LOANS.—
‘‘(1) APPLICATION
BY
ELIGIBLE
INDIVID-
UALS.—An eligible individual under section 146 who
desires to apply his or her national service edu-
cational award to the repayment of qualified student
loans shall submit, in a manner prescribed by the
Corporation, an application to the Corporation
that—
‘‘(A) identifies, or permits the Corporation
to identify readily, the holder or holders of such
loans;
‘‘(B) indicates, or permits the Corporation
to determine readily, the amounts of principal
and interest outstanding on the loans; and
‘‘(C) contains or is accompanied by such
other information as the Corporation may re-
quire.
‘‘(2) DISBURSEMENT OF REPAYMENTS.—Upon
receipt of an application from an eligible individual
of an application that complies with paragraph (1),
the Corporation shall, as promptly as practicable
consistent with paragraph (5), disburse the amount
of the national service educational award to which
the eligible individual is entitled. Such disbursement
shall be made by check or other means that is pay-
able to the holder of the loan and requires the en-
dorsement or other certification by the eligible indi-
vidual.
‘‘(3) APPLICATION OF DISBURSED AMOUNTS.—
If the amount disbursed under paragraph (2) is less
than the principal and accrued interest on any quali-
fied student loan, such amount shall first be applied
to the repayment of principal.
‘‘(4) REPORTS BY HOLDERS.—Any holder re-
ceiving a loan payment pursuant to this subsection
shall submit to the Corporation such information as
the Corporation may require to verify that such pay-
ment was applied in accordance with this subsection
and any regulations prescribed to carry out this sub-
section.
‘‘(5) AUTHORITY TO AGGREGATE PAYMENTS.—
The Corporation may, by regulation, provide for the
aggregation of payments to holders under this sub-
section.
‘‘(6) DEFINITION
OF
QUALIFIED
STUDENT
LOANS.—The term ‘qualified student loans’ means—
‘‘(A) any loan made, insured, or guaran-
teed pursuant to title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1070 et seq.),
other than a loan to a parent of a student pur-
suant to section 428B of such Act (20 U.S.C.
1078–2); and
‘‘(B) any loan made pursuant to title VII
or VIII of the Public Health Service Act (42
U.S.C. 292a et seq.).
‘‘(7) DEFINITION
OF
HOLDER.—The term
‘holder’ with respect to any eligible loan means the
original lender or, if the loan is subsequently sold,
transferred, or assigned to some other person, and
such other person acquires a legally enforceable
right to receive payments from the borrower, such
other person.
‘‘(c) USE OF EDUCATIONAL AWARDS TO PAY CUR-
RENT EDUCATIONAL EXPENSES.—
‘‘(1) APPLICATION BY ELIGIBLE INDIVIDUAL.—
An eligible individual under section 146 who desires
to apply his or her national service educational
award to the payment of current educational ex-
penses shall, on a form prescribed by the Corpora-
tion, submit an application to the institution of high-
er education in which the student will be enrolled
that contains such information as the Corporation
may require to verify the individual’s eligibility.
‘‘(2) SUBMISSION OF REQUESTS FOR PAYMENT
BY
INSTITUTIONS.—An institution of higher edu-
cation that receives one or more applications that
comply with paragraph (1) shall submit to the Cor-
poration a statement, in a manner prescribed by the
Corporation, that—
‘‘(A) identifies each eligible individual fil-
ing an application under paragraph (1) for a
disbursement of the individual’s national service
educational award under this subsection;
‘‘(B) specifies the amounts for which such
eligible individuals are, consistent with para-
graph (6), qualified for disbursement under this
subsection;
‘‘(C) certifies that (i) the institution of
higher education has in effect a program par-
ticipation agreement under section 487 of the
Higher Education Act of 1965 (20 U.S.C.
1094), and (ii) the institution’s eligibility to
participate in any of the programs under title
IV of such Act (20 U.S.C. 1070 et seq.) has not
been limited, suspended, or terminated; and
‘‘(D) contains such provisions concerning
financial compliance as the Corporation may re-
quire.
‘‘(3) DISBURSEMENT OF PAYMENTS.—Upon re-
ceipt of a statement from an institution of higher
education that complies with paragraph (2), the Cor-
poration shall, subject to paragraph (4), disburse the
total amount of the national service educational
awards for which eligible individuals who have sub-
mitted applications to that institution under para-
graph (1) are qualified. Such disbursement shall be
made by check or other means that is payable to the
institution and requires the endorsement or other
certification by the eligible individual.
‘‘(4) MULTIPLE DISBURSEMENTS REQUIRED.—
The total amount required to be disbursed to an in-
stitution of higher education under paragraph (3)
for any period of enrollment shall be disbursed by
the Corporation in 2 or more installments, none of
which exceeds 1⁄2 of such total amount. The interval
between the first and second such installment shall
not be less than 1⁄2 of such period of enrollment, ex-
cept as necessary to permit the second installment to
be paid at the beginning of the second semester,
quarter, or similar division of such period of enroll-
ment.
‘‘(5) REFUND RULES.—The Corporation shall,
by regulation, provide for the refund to the Corpora-
tion (and the crediting to the national service edu-
cational award of an eligible individual) of amounts
disbursed to institutions for the benefit of eligible in-
dividuals who withdraw or otherwise fail to complete
the period of enrollment for which the assistance
was provided. Such regulations shall be consistent
with the fair and equitable refund policies required
of institutions pursuant to section 484B of the
Higher Education Act of 1965 (20 U.S.C. 1091b).
Amounts refunded to the Trust pursuant to this
paragraph may be used by the Corporation to fund
additional approved national service positions under
subtitle C.
‘‘(6) MAXIMUM AWARD.—The portion of an eli-
gible individual’s total available national service edu-
cational award that may be disbursed under this
subsection for any period of enrollment shall not ex-
ceed the difference between—
‘‘(A) the eligible individual’s cost of attend-
ance for such period of enrollment, determined
in accordance with section 472 of the Higher
Education Act of 1965 (20 U.S.C. 1087ll); and
‘‘(B) the sum of (i) the student’s estimated
financial assistance for such period under part
A of title IV of such Act (20 U.S.C. 1070 et
seq.), and (ii) the student’s veterans’ education
benefits, determined in accordance with section
480(c) of such Act (20 U.S.C. 1087vv(c)).
‘‘(d) USE OF EDUCATIONAL AWARD TO PARTICIPATE
IN APPROVED SCHOOL-TO-WORK PROGRAMS.—The Cor-
poration shall by regulation provide for the payment of
national service educational awards to permit eligible indi-
viduals to participate in school-to-work programs approved
by the Secretaries of Labor and Education.
‘‘(e) INTEREST PAYMENTS DURING FORBEARANCE
ON LOAN REPAYMENT.—The Corporation may provide by
regulation for the payment on behalf of an eligible individ-
ual of interest that accrues during a period for which such
individual has obtained forbearance in the repayment of
a qualified student loan (as defined in subsection (b)(6)),
if the eligible individual successfully completes his or her
required term of service (as determined under section
146(b)). Such regulations shall be prescribed after con-
sultation with the Secretary of Education.
‘‘(f) TREATMENT OF BENEFITS.—Notwithstanding
any other provision of law, national service awards and
other benefits received under this section shall not be
taken into account in determining the need or eligibility
of any person for benefits or assistance, or the amount
of such benefits or assistance, under any Federal, State,
or local program financed in whole or in part with Federal
funds. The amount of any national service award or other
benefits received under this section shall not be considered
income for purposes of the Internal Revenue Code of
1986.
‘‘(g) DEFINITION OF INSTITUTION OF HIGHER EDU-
CATION.—Notwithstanding section 101 of this Act, for
purposes of this section the term ‘institution of higher
education’ has the meaning provided by section 481(a) of
the Higher Education Act of 1965 (20 U.S.C. 1088(a)).’’.
(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 subtitle D of title I of such Act and in-
serting the following new items:
‘‘Subtitle D—National Service Trust and Provision of National Service
Educational Awards
‘‘Sec. 145. Establishment of the National Service Trust.
‘‘Sec. 146. Individuals eligible to receive a national service educational award
from the Trust.
‘‘Sec. 147. Determination of the amount of the national service educational
award.
‘‘Sec. 148. Disbursement of national service educational awards.’’.
(c) CONFORMING AMENDMENTS.—
(1) ELIGIBILITY
FOR
SUBSIDIZED
STAFFORD
LOANS.—Section 428(a)(2)(C)(i) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1078(a)(2)(C)(i)) is
amended by inserting after ‘‘parts C and E of this
title,’’ the following: ‘‘any national service edu-
cational award such student will receive under sub-
title D of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12751 et seq.),’’.
(2) FORBEARANCE
IN
THE
COLLECTION
OF
STAFFORD LOANS.—Section 428 of the Higher Edu-
cation Act of 1965 is amended—
(A) in subsection (b)(1)—
(i) by redesignating subparagraphs
(W), (X), and (Y) as subparagraphs (X),
(Y), and (Z), respectively; and
(ii) by inserting immediately after
subparagraph (V) the following new sub-
paragraph:
‘‘(W)(i) provides that, upon written re-
quest, a lender shall grant a borrower forbear-
ance on such terms as are otherwise consistent
with the regulations of the Secretary, during
periods in which the borrower is serving in a
national service position, for which he or she re-
ceives a national service educational award
under the National Service Trust Act of 1993;
‘‘(ii) provides that clauses (iii) and (iv) of
subparagraph (V) shall also apply to a forbear-
ance granted under this subparagraph; and
‘‘(iii) provides that interest shall continue
to accrue on a loan for which a borrower re-
ceives forbearance under this subparagraph and
shall be capitalized or paid by the borrower;’’;
and
(B) in subsection (c)(3)(A), by striking
‘‘subsection (b)(1)(V)’’ and inserting ‘‘sub-
section (b)(1) (V) and (W)’’.
(3) ELIGIBILITY
FOR
STAFFORD
LOAN
FOR-
GIVENESS.—Section 428J of the Higher Education
Act of 1965 (20 U.S.C. 1078–10) is amended—
(A) in subsection (b)(1), is amended by
striking ‘‘October 1, 1992’’ and inserting ‘‘Oc-
tober 1, 1989’’;
(B) in subsection (c), by adding at the end
the following new paragraph:
‘‘(5) INELIGIBILITY
OF
NATIONAL
SERVICE
EDUCATIONAL
AWARD
RECIPIENTS.—No student
borrower may, for the same volunteer service, receive
a benefit under both this section and subtitle D of
title I of the National and Community Service Act
of 1990 (42 U.S.C. 12751 et seq.).’’; and
(C) by adding at the end the following new
subsection:
‘‘(h) TREATMENT OF BENEFITS.—Notwithstanding
any other provision of law, the amount of any loan repaid
by the Secretary under this section shall not be taken into
account in determining the need or eligibility of any per-
son for benefits or assistance, or the amount of such bene-
fits or assistance, under any Federal, State, or local pro-
gram financed in whole or in part with Federal funds. The
amount of any loan repaid by the Secretary under this
section shall not be considered income for purposes of the
Internal Revenue Code of 1986.’’.
(4) ELIGIBILITY FOR PERKINS LOAN FORGIVE-
NESS.—Section 465(a) of the Higher Education Act
of 1965 (20 U.S.C. 1087ee(a)) is amended by add-
ing at the end the following new paragraph:
‘‘(6) No borrower may, for the same volunteer
service, receive a benefit under both this section and
subtitle D of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12751 et seq.).’’.
(5) IMPACT ON GENERAL NEEDS ANALYSIS.—
Section 480(j) of such Act (20 U.S.C. 1087vv(j)) is
amended by adding at the end the following new
paragraph:
‘‘(3) Notwithstanding paragraph (1), any na-
tional service educational award such student will re-
ceive under subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12751
et seq.) shall not be taken into account in determin-
ing estimated financial assistance not received under
this title.’’.
SEC. 103. SCHOOL-BASED AND COMMUNITY-BASED SERV-
ICE-LEARNING PROGRAMS.
(a) AMENDMENTS TO SERVE-AMERICA PROGRAMS.—
(1) PURPOSE.—The purpose of this subsection
is to improve the Serve-America programs estab-
lished under part I of subtitle B of the National and
Community Service Act of 1990, and to enable the
Corporation for National Service, and the entities
receiving financial assistance under such part, to—
(A) work with teachers in elementary
schools and secondary schools within a commu-
nity, and with community-based agencies, to
create and offer service-learning opportunities
for all school-age youth;
(B) educate teachers, and faculty providing
teacher training and retraining, about service-
learning, and incorporate service-learning op-
portunities into classroom teaching to strength-
en academic learning;
(C) coordinate the work of adult volunteers
who work with elementary and secondary
schools as part of their community service ac-
tivities; and
(D) work with employers in the commu-
nities to ensure that projects introduce the stu-
dents to various careers and expose the stu-
dents to needed further education and training.
(2) PROGRAMS.—Subtitle B of title I of the Na-
tional and Community Service Act of 1990 (42
U.S.C. 12501 et seq.) is amended by striking the
subtitle heading and all that follows through the end
of part I and inserting the following:
‘‘Subtitle 
B—School-Based 
and
Community-Based 
Service-
Learning Programs
‘‘PART I—SERVE-AMERICA PROGRAMS
‘‘Subpart A—School-Based Programs for Students
‘‘SEC. 111. AUTHORITY TO ASSIST STATES AND INDIAN
TRIBES.
‘‘(a) USE OF FUNDS.—The Corporation, in consulta-
tion with the Secretary of Education, may make grants
under section 112(b)(1), and allotments under subsections
(a) and (b)(2) of section 112, to States and Indian tribes
to pay for the Federal share of—
‘‘(1) planning and building the capacity of the
States or Indian tribes (which may be accomplished
through grants or contracts with qualified organiza-
tions) to implement school-based service-learning
programs, including—
‘‘(A) providing training for teachers, su-
pervisors, personnel from community-based
agencies (particularly with regard to the utiliza-
tion of participants), and trainers, to be con-
ducted by qualified individuals or organizations
that have experience with service-learning;
‘‘(B) developing service-learning curricula
to be integrated into academic programs, in-
cluding the age-appropriate learning component
described in section 114(d)(5)(B);
‘‘(C) forming local partnerships described
in paragraph (2) or (4) to develop school-based
service-learning programs in accordance with
this subpart;
‘‘(D) devising appropriate methods for re-
search and evaluation of the educational value
of service-learning and the effect of service-
learning activities on communities; and
‘‘(E) establishing effective outreach and
dissemination of information to ensure the
broadest possible involvement of community-
based agencies with demonstrated effectiveness
in working with school-age youth in their com-
munities;
‘‘(2) implementing, operating, or expanding
school-based service-learning programs, which may
include paying for the cost of the recruitment, train-
ing, supervision, placement, salaries, and benefits of
service-learning coordinators, through State distribu-
tion of Federal funds made available under this sub-
part to projects operated by local partnerships
among—
‘‘(A) local educational agencies; and
‘‘(B) one or more community partners
that—
‘‘(i) shall include a public or private
not-for-profit organization that will make
projects available for participants, who
shall be students; and
‘‘(ii) may include a private for-profit
business or private elementary or second-
ary school;
‘‘(3) planning of school-based service-learning
programs through State distribution of Federal
funds made available under this subpart to local
educational agencies, which planning may include
paying for the cost of—
‘‘(A) the salaries and benefits of service-
learning coordinators; or
‘‘(B) the recruitment, training, supervision,
and placement of service-learning coordinators
who are participants in a program under sub-
title C or receive a national service educational
award under subtitle D,
who will identify the community partners described
in paragraph (2)(B) and assist in the design and im-
plementation of a program described in paragraph
(2); and
‘‘(4) implementing, operating, or expanding
school-based service-learning programs involving
adult volunteers to utilize service-learning to improve
the education of students through State distribution
of Federal funds made available under this part to
local partnerships among—
‘‘(A) local educational agencies; and
‘‘(B) one or more—
‘‘(i) public or private not-for-profit or-
ganizations;
‘‘(ii) other educational agencies; or
‘‘(iii) private for-profit businesses,
that coordinate and operate projects for participants,
who shall be students.
‘‘(b) DUTIES
OF SERVICE-LEARNING COORDINA-
TOR.—A service-learning coordinator referred to in para-
graph (2) or (3) of subsection (a) shall provide services
to a local educational agency by—
‘‘(1) expanding the awareness of teachers of the
potential of service-learning in strengthening the
educational achievement, leadership development,
and substantive learning, of students;
‘‘(2) providing technical assistance and informa-
tion to, and facilitating the training of, teachers who
want to use service-learning in their classrooms;
‘‘(3) assisting local partnerships described in
subsection (a) in the planning, development, and
execution of service-learning projects;
‘‘(4) recruiting and supervising adult volun-
teers, or individuals who are participants in a pro-
gram under subtitle C or receive a national service
educational award under subtitle D, to expand serv-
ice-learning opportunities; and
‘‘(5) coordinating the activities of the service-
learning coordinator with the activities of the com-
mittee described in section 114(d)(1), and, where
appropriate, assisting the committee.
‘‘(c) RELATED EXPENSES.—A partnership, local edu-
cational agency, or other qualified organization that re-
ceives financial assistance under this subpart may, in car-
rying out the activities described in subsection (a), use
such assistance to pay for the Federal share of reasonable
costs related to the supervision of participants, program
administration, transportation, insurance, evaluations,
and for other reasonable expenses related to the activities.
‘‘SEC. 111A. AUTHORITY TO ASSIST LOCAL APPLICANTS IN
NONPARTICIPATING STATES.
‘‘In any fiscal year in which a State does not submit
an application under section 113, for an allotment under
subsection (a) or (b)(2) of section 112, that meets the re-
quirements of section 113 and such other requirements
as the Chairperson may determine to be appropriate, the
Corporation may use the allotment of that State to make
direct grants to pay for the Federal share of the cost of—
‘‘(1) carrying out the activities described in
paragraph (2) or (4) of section 111(a), to a local
partnership described in such paragraph; or
‘‘(2) carrying out the activities described in
paragraph (3) of such section, to an agency de-
scribed in such paragraph,
that is located in the State.
‘‘SEC. 111B. AUTHORITY TO ASSIST PUBLIC OR PRIVATE
NOT-FOR-PROFIT ORGANIZATIONS.
‘‘(a) IN GENERAL.—The Corporation may make a
grant under section 112(b)(1) to a public or private not-
for-profit organization that—
‘‘(1) has experience with service-learning;
‘‘(2) was in existence 1 year before the date on
which the organization submitted an application
under section 114(a); and
‘‘(3) meets such other criteria as the Chair-
person may establish.
‘‘(b) USE OF FUNDS.—Such an organization may use
a grant made under subsection (a) to make grants to part-
nerships described in paragraph (2) or (4) of section
111(a) to implement, operate, or expand school-based
service-learning programs as described in such section and
provide technical assistance and training to appropriate
persons.
‘‘SEC. 112. GRANTS AND ALLOTMENTS.
‘‘(a) INDIAN TRIBES
AND TERRITORIES.—Of the
amounts appropriated to carry out this subpart for any
fiscal year, the Corporation shall reserve an amount of not
more than 1 percent for payments to Indian tribes, the
Virgin Islands, Guam, American Samoa, and the Com-
monwealth of the Northern Mariana Islands, to be allotted
in accordance with their respective needs. The Corporation
may also make payments from such amount to Palau, in
accordance with its needs, until such time as the Compact
of Free Association with Palau is ratified.
‘‘(b) 
GRANTS
AND
ALLOTMENTS
THROUGH
STATES.—The Corporation shall use the remainder of the
funds appropriated to carry out this subpart for any fiscal
year as follows:
‘‘(1) GRANTS.—Except as provided in para-
graph (3), from 25 percent of such funds, the Cor-
poration may make grants, on a competitive basis,
to—
‘‘(A) State educational agencies and Indian
tribes; or
‘‘(B) as described in section 111B, to
grantmaking entities.
‘‘(2) ALLOTMENTS.—
‘‘(A) SCHOOL-AGE YOUTH.—Except as pro-
vided in paragraph (3), from 37.5 percent of
such funds, the Corporation shall allot to each
State an amount that bears the same ratio to
37.5 percent of such funds as the number of
school-age youth in the State bears to the total
number of school-age youth of all States.
‘‘(B) ALLOCATION
UNDER
ELEMENTARY
AND SECONDARY EDUCATION ACT OF 1965.—
Except as provided in paragraph (3), from 37.5
percent of such funds, the Corporation shall
allot to each State an amount that bears the
same ratio to 37.5 percent of such funds as the
allocation to the State for the previous fiscal
year under chapter 1 of title I of the Elemen-
tary and Secondary Education Act of 1965 (20
U.S.C. 2711 et seq.) bears to such allocations
to all States.
‘‘(3) MINIMUM
AMOUNT.—No State shall re-
ceive, under paragraph (2), an allotment that is less
than the allotment such State received for fiscal year
1993 under section 112(b) of this Act, as in effect
on the day before the date of enactment of this part.
If the amount of funds made available in a fiscal
year to carry out paragraph (2) is insufficient to
make such allotments, the Corporation shall make
available sums from the 25 percent described in
paragraph (1) for such fiscal year to make such al-
lotments.
‘‘(4) 
DEFINITION.—Notwithstanding 
section
101(25), for purposes of this subsection, the term
‘State’ means each of the several States, the District
of Columbia, the Commonwealth of Puerto Rico, and
an Indian tribe.
‘‘(c) REALLOTMENT.—If the Corporation determines
that the allotment of a State or Indian tribe under this
section will not be required for a fiscal year because the
State or Indian tribe does not submit an application for
the allotment under section 113 that meets the require-
ments of such section and such other requirements as the
Chairperson may determine to be appropriate, the Cor-
poration shall, after making any grants under section
111A to a partnership or agency described in such section,
make any remainder of such allotment available for real-
lotment to such other States, and Indian tribes, with ap-
proved applications submitted under section 113, as the
Corporation may determine to be appropriate.
‘‘(d) EXCEPTION.—Notwithstanding subsections (a)
and (b), if less than $20,000,000 is appropriated for any
fiscal year to carry out this subpart, the Corporation shall
award grants to States and Indian tribes, from the
amount so appropriated, on a competitive basis to pay for
the Federal share of the activities described in section 111.
‘‘SEC. 113. STATE OR TRIBAL APPLICATIONS.
‘‘(a) SUBMISSION.—To be eligible to receive a grant
under section 112(b)(1), an allotment under subsection
(a) or (b)(2) of section 112, a reallotment under section
112(c), or a grant under section 112(d), a State, acting
through the State educational agency, or an Indian tribe,
shall prepare, submit to the Corporation, and obtain ap-
proval of, an application at such time and in such manner
as the Chairperson may reasonably require.
‘‘(b) CONTENTS.—An application that is submitted
under subsection (a) with respect to service-learning pro-
grams described in section 111 shall include—
‘‘(1) a 3-year strategic plan, or a revision of a
previously approved 3-year strategic plan, for pro-
moting service-learning through the programs, which
plan shall contain such information as the Chair-
person may reasonably require, such as—
‘‘(A) a description of the goals to be at-
tained in promoting service-learning through
such programs;
‘‘(B) a description of the resources and or-
ganization needed to achieve the goals of such
programs within elementary schools and second-
ary schools; and
‘‘(C) a description of the manner in
which—
‘‘(i) such programs and the activities
to be carried out under such programs re-
late to the goals described in subparagraph
(A);
‘‘(ii) the applicant will evaluate the
success of the programs and the extent of
community involvement in the programs,
and measure the extent to which the pro-
grams meet the goals described in subpara-
graph (A);
‘‘(iii) in reviewing applications submit-
ted under section 114(c), the applicant has
ranked the applications according to the
criteria described in section 115(b), has
considered the factors described in section
115(a), and has reviewed the applications
in a manner that ensured the equitable
treatment of all such applications;
‘‘(iv) the programs will be coordinated
with—
‘‘(I) the education reform efforts
of the applicant;
‘‘(II) other efforts to meet the
National Education Goals;
‘‘(III) other service activities in
the State or serving the Indian tribe;
and
‘‘(IV) other education programs,
training programs, social service pro-
grams, and appropriate programs that
serve school-age youth, that are au-
thorized under Federal law;
‘‘(v) the applicant will disseminate in-
formation, conduct outreach, and take
other measures, to encourage cooperative
efforts among the local educational agen-
cies, local government agencies, commu-
nity-based agencies, State agencies, and
private for-profit businesses that will carry
out the service-learning programs proposed
by the applicant, to develop and provide
projects, including those that involve the
participation of urban, suburban, and rural
students working together;
‘‘(vi) the applicant will promote ap-
propriate projects in such programs for
economically disadvantaged students, stu-
dents with limited basic skills, students in
foster care who are becoming too old for
foster care, students of limited-English
proficiency, homeless students, and stu-
dents with disabilities;
‘‘(vii) service-learning training and
technical 
assistance 
will 
be 
provided
through the programs—
‘‘(I) to State and local edu-
cational agency personnel, federally
assisted education specialists in the
State or serving the Indian tribe, and
local recipients of grants under this
subpart, to raise the awareness of
service-learning among such person-
nel, specialists, and recipients; and
‘‘(II) by qualified and experi-
enced individuals employed by the
State or Indian tribe or through
grants or contracts with such individ-
uals;
‘‘(viii) a service-learning network will
be established for the State or Indian
tribe, comprised of expert teachers and ad-
ministrators who have carried out success-
ful service-learning activities within the
State or serving the Indian tribe; and
‘‘(ix) the applicant will use payments
from 
sources 
described 
in 
section
116(a)(2)(B) to expand projects for stu-
dents through the programs proposed by
the applicant;
‘‘(2) assurances that—
‘‘(A) the applicant will keep such records
and provide such information to the Corpora-
tion with respect to the programs as may be re-
quired for fiscal audits and program evaluation;
and
‘‘(B) the applicant will comply with the
nonduplication and nondisplacement require-
ments of section 177; and
‘‘(3) such additional information as the Chair-
person may reasonably require.
‘‘SEC. 114. LOCAL APPLICATIONS.
‘‘(a) APPLICATION
TO
CORPORATION
TO
MAKE
GRANTS FOR SCHOOL-BASED SERVICE-LEARNING PRO-
GRAMS.—
‘‘(1) IN GENERAL.—To be eligible to receive a
grant in accordance with section 111B(a) to make
grants relating to school-based service-learning pro-
grams described in section 111(a)(2), a grantmaking
entity shall prepare, submit to the Corporation, and
obtain approval of, an application.
‘‘(2) SUBMISSION.—Such application shall be
submitted at such time and in such manner, and
shall contain such information, as the Chairperson
may reasonably require. Such application shall in-
clude a proposal to assist such programs in more
than 1 State.
‘‘(b) DIRECT APPLICATION
TO CORPORATION
TO
CARRY OUT SCHOOL-BASED SERVICE-LEARNING PRO-
GRAMS IN NONPARTICIPATING STATES.—To be eligible to
receive a grant from the Corporation in the circumstances
described in section 111A to carry out an activity de-
scribed in such section, a partnership or agency described
in such section shall prepare, submit to the Corporation,
and obtain approval of, an application. Such application
shall be submitted at such time and in such manner, and
shall contain such information, as the Chairperson may
reasonably require.
‘‘(c) APPLICATION TO STATE OR INDIAN TRIBE TO
RECEIVE ASSISTANCE TO CARRY OUT SCHOOL-BASED
SERVICE-LEARNING PROGRAMS.—
‘‘(1) IN GENERAL.—Any—
‘‘(A) qualified organization that desires to
receive financial assistance under this subpart
from a State or Indian tribe for an activity de-
scribed in section 111(a)(1);
‘‘(B) partnership described in section
111(a)(2) that desires to receive such assistance
from a State, Indian tribe, or grantmaking en-
tity for an activity described in section
111(a)(2);
‘‘(C) agency described in section 111(a)(3)
that desires to receive such assistance from a
State or Indian tribe for an activity described
in such section; or
‘‘(D) partnership described in section
111(a)(4) that desires to receive such assistance
from a State or Indian tribe for an activity de-
scribed in such section,
to be carried out through a service-learning program
described in section 111, shall prepare, submit to
the State educational agency, Indian tribe, or
grantmaking entity, and obtain approval of, an ap-
plication for the program.
‘‘(2) SUBMISSION.—Such application shall be
submitted at such time and in such manner, and
shall contain such information, as the agency, tribe,
or entity may reasonably require.
‘‘(d) CONTENTS OF APPLICATION.—An application
that is submitted under subsection (a), (b), or (c) with
respect to a service-learning program described in section
111 shall, at a minimum, contain a proposal that in-
cludes—
‘‘(1) information specifying the membership and
role of an established advisory committee, consisting
of representatives of community-based agencies in-
cluding service recipients, students, parents, teach-
ers, administrators, representatives of agencies that
serve school-age youth or older adults, school board
members, representatives of local labor organiza-
tions, and representatives of business, that will pro-
vide advice with respect to the program;
‘‘(2) a description of—
‘‘(A) the goals of the program which shall
include goals that are quantifiable and dem-
onstrate any benefits from the program to par-
ticipants and the community;
‘‘(B) service-learning projects to be pro-
vided under the program, and evidence that
participants will make a sustained commitment
to service in the projects;
‘‘(C) the manner in which participants in
the program were or will be involved in the de-
sign and operation of the program;
‘‘(D) training for supervisors, teachers,
service sponsors, and participants in the pro-
gram;
‘‘(E) the manner in which exemplary serv-
ice will be recognized under the program; and
‘‘(F) any resources that will permit con-
tinuation of the program, if needed, after the
assistance received under this subpart for the
program has ended;
‘‘(3) information that shall include—
‘‘(A) a disclosure of whether or not the
participants will receive academic credit for par-
ticipation in the program;
‘‘(B) the expected number of participants
in the program and the hours of service that
such participants will provide individually and
as a group;
‘‘(C) the proportion of expected partici-
pants in the program who are economically dis-
advantaged, including participants with disabil-
ities; and
‘‘(D) any role of adult volunteers in imple-
menting the program, and the manner in which
such volunteers will be recruited;
‘‘(4) in the case of an application submitted by
a local partnership, a written agreement, between
the members of the local partnership, stating that
the program was jointly developed by the members
and that the program will be jointly executed by the
members; and
‘‘(5) assurances that—
‘‘(A) prior to the placement of a partici-
pant, the entity carrying out the program will
consult with any local labor organization rep-
resenting employees in the area who are en-
gaged in the same or similar work as that pro-
posed to be carried out by such program, to
prevent the displacement and protect the rights
of such employees;
‘‘(B) the entity carrying out the program
will develop an age-appropriate learning compo-
nent for participants in the program that shall
include a chance for participants to analyze and
apply their service experiences; and
‘‘(C) the entity carrying out the program
will comply with the nonduplication and
nondisplacement requirements of section 177
and grievance procedure requirements of section
176(f).
‘‘SEC. 115. CONSIDERATION OF APPLICATIONS.
‘‘(a) CRITERIA FOR APPLICATIONS.—In approving
applications for financial assistance under subsection (a),
(b), (c), or (d) of section 112, the Corporation shall con-
sider such criteria with respect to sustainability,
replicability, innovation, and quality of programs under
this subpart as the Chairperson may by regulation specify.
In providing assistance under this subpart, a State edu-
cational agency, Indian tribe, or grantmaking entity shall
consider such criteria.
‘‘(b) PRIORITY FOR LOCAL APPLICATIONS.—
‘‘(1) IN
GENERAL.—In providing assistance
under this subpart, a State educational agency or
Indian tribe, or the Corporation if section 111A or
111B applies, shall give priority to entities that sub-
mit applications under section 114 with respect to
service-learning programs described in section 111
that—
‘‘(A) involve participants in the design and
operation of the program;
‘‘(B) are in the greatest need of assistance,
such as programs targeting low-income areas;
‘‘(C) involve—
‘‘(i) students from public elementary
or secondary schools, and students from
private elementary or secondary schools,
serving together; or
‘‘(ii) students of different ages, races,
sexes, ethnic groups, disabilities, or eco-
nomic backgrounds, serving together; or
‘‘(D) are integrated into the academic pro-
gram of the participants.
‘‘(c) REJECTION OF APPLICATIONS.—If the Corpora-
tion rejects an application submitted by a State under sec-
tion 113 for an allotment under subsection (b)(2) of sec-
tion 112, the Corporation shall promptly notify the State
of the reasons for the rejection of the application. The
Corporation shall provide the State with a reasonable op-
portunity to revise and resubmit the application and shall
provide technical assistance, if needed, to the State as part
of the resubmission process. The Corporation shall
promptly reconsider such resubmitted application.
‘‘SEC. 115A. PARTICIPATION OF STUDENTS AND TEACHERS
FROM PRIVATE SCHOOLS.
‘‘(a) IN GENERAL.—To the extent consistent with the
number of students in the State or Indian tribe or in the
school district of the local educational agency involved who
are enrolled in private not-for-profit elementary and sec-
ondary schools, such State, Indian tribe, or agency shall
(after consultation with appropriate private school rep-
resentatives) make provision—
‘‘(1) for the inclusion of services and arrange-
ments for the benefit of such students so as to allow
for the equitable participation of such students in
the programs implemented to carry out the objec-
tives and provide the benefits described in this sub-
part; and
‘‘(2) for the training of the teachers of such
students so as to allow for the equitable participa-
tion of such teachers in the programs implemented
to carry out the objectives and provide the benefits
described in this subpart.
‘‘(b) WAIVER.—If a State, Indian tribe, or local edu-
cational agency is prohibited by law from providing for
the participation of students or teachers from private not-
100
for-profit schools as required by subsection (a), or if the
Corporation determines that a State, Indian tribe, or local
educational agency substantially fails or is unwilling to
provide for such participation on an equitable basis, the
Chairperson shall waive such requirements and shall ar-
range for the provision of services to such students and
teachers. Such waivers shall be subject to consultation,
withholding, notice, and judicial review requirements in
accordance with paragraphs (3) and (4) of section 1017(b)
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 2727(b)).
‘‘SEC. 116. FEDERAL, STATE, AND LOCAL CONTRIBUTIONS.
‘‘(a) SHARE.—
‘‘(1) IN GENERAL.—The Federal share attrib-
utable to this subpart of the cost of carrying out a
program for which a grant or allotment is made
under this subpart may not exceed—
‘‘(A) 90 percent of the total cost of the
program for the first year for which the pro-
gram receives assistance under this subpart;
‘‘(B) 80 percent of the total cost of the
program for the second year for which the pro-
gram receives assistance under this subpart;
‘‘(C) 70 percent of the total cost of the
program for the third year for which the pro-
101
gram receives assistance under this subpart;
and
‘‘(D) 50 percent of the total cost of the
program for the fourth year, and for any subse-
quent year, for which the program receives as-
sistance under this subpart.
‘‘(2) CALCULATION.—In providing for the re-
maining share of the cost of carrying out such a pro-
gram, each recipient of assistance under this sub-
part—
‘‘(A) shall provide for such share through
a payment in cash or in kind, fairly evaluated,
including facilities, equipment, or services; and
‘‘(B) may provide for such share through
State sources, local sources, or Federal sources
(other than funds made available under the na-
tional service laws).
‘‘(b) WAIVER.—The Chairperson may waive the re-
quirements of subsection (a) in whole or in part with re-
spect to any such program in any fiscal year if the Cor-
poration determines that such a waiver would be equitable
due to a lack of available financial resources at the local
level.
‘‘SEC. 116A. LIMITATIONS ON USES OF FUNDS.
‘‘(a) ADMINISTRATIVE COSTS.—
102
‘‘(1) LIMITATION.—Not more than 5 percent of
the amount of assistance provided to a State edu-
cational agency, Indian tribe, or grantmaking entity
that is the original recipient of a grant or allotment
under subsection (a), (b), (c), or (d) of section 112
for a fiscal year may be used to pay for administra-
tive costs incurred by—
‘‘(A) the original recipient; or
‘‘(B) the entity carrying out the service-
learning programs supported with the assist-
ance.
‘‘(2) RULES ON USE.—The Chairperson may by
rule prescribe the manner and extent to which—
‘‘(A) such assistance 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; and
‘‘(ii) the entity carrying out the serv-
ice-learning programs supported with the
assistance.
‘‘(b) CAPACITY-BUILDING
ACTIVITIES.—Not less
than 10 percent and not more than 15 percent of the
amount of assistance provided to a State educational
103
agency or Indian tribe that is the original recipient of a
grant or allotment under subsection (a), (b), (c), or (d)
of section 112 for a fiscal year may be used to build capac-
ity through training, technical assistance, curriculum de-
velopment, and coordination activities, described in section
111(a)(1).
‘‘(c) LOCAL USES OF FUNDS.—Funds made available
under this subpart may not be used to pay any stipend,
allowance, or other financial support to any student who
is a participant under this subtitle, except reimbursement
for transportation, meals, and other reasonable out-of-
pocket expenses directly related to participation in a pro-
gram assisted under this subpart.
‘‘SEC. 116B. DEFINITIONS.
‘‘As used in this subpart:
‘‘(1) 
GRANTMAKING
ENTITY.—The 
term
‘grantmaking entity’ means an organization de-
scribed in section 111B(a).
‘‘(2) SCHOOL-BASED.—The term ‘school-based’
means based in an elementary school or a secondary
school.
‘‘(3) 
STUDENT.—Notwithstanding 
section
101(28), the term ‘student’ means an individual who
is enrolled in an elementary or secondary school on
a full- or part-time basis.
104
‘‘Subpart B—Community-Based Service Programs for
School-Age Youth
‘‘SEC. 117. DEFINITIONS.
‘‘As used in this subpart:
‘‘(1) COMMUNITY-BASED SERVICE PROGRAM.—
The term ‘community-based service program’ means
a program described in section 117A(b)(1)(A).
‘‘(2) 
GRANTMAKING
ENTITY.—The 
term
‘grantmaking entity’ means a qualified organization
that—
‘‘(A) submits an application under section
117C(a) to make grants to qualified organiza-
tions; and
‘‘(B) was in existence 1 year before the
date on which the organization submitted the
application.
‘‘(3) QUALIFIED
ORGANIZATION.—The term
‘qualified organization’ means a public or private
not-for-profit organization with experience working
with school-age youth that meets such criteria as the
Chairperson may establish.
‘‘SEC. 117A. GENERAL AUTHORITY.
‘‘(a) GRANTS.—From the funds appropriated to
carry out this subpart for a fiscal year, the Corporation
may make grants to State Commissions, grantmaking en-
tities, and qualified organizations to pay for the Federal
105
share of the implementation, operation, expansion, or rep-
lication of community-based service programs.
‘‘(b) USE OF FUNDS.—
‘‘(1) STATE COMMISSIONS AND GRANTMAKING
ENTITIES.—A State Commission or grantmaking en-
tity may use a grant made under subsection (a)—
‘‘(A) to make a grant to a qualified organi-
zation to implement, operate, expand, or rep-
licate a community-based service-learning pro-
gram that provides for meaningful human, edu-
cational, environmental, or public safety service
by participants, who shall be school-age youth;
or
‘‘(B) to provide training and technical as-
sistance to such an organization.
‘‘(2) QUALIFIED ORGANIZATIONS.—A qualified
organization, other than a grantmaking entity, may
use a grant made under subsection (a) to implement,
operate, expand, or replicate a program described in
paragraph (1)(A).
‘‘SEC. 117B. STATE APPLICATIONS.
‘‘(a) IN GENERAL.—To be eligible to receive a grant
under section 117A(a), a State Commission shall prepare,
submit to the Corporation, and obtain approval of, an ap-
plication.
106
‘‘(b) SUBMISSION.—Such application shall be submit-
ted to the Corporation at such time and in such manner,
and shall contain such information, as the Chairperson
may reasonably require.
‘‘(c) CONTENTS.—Such an application shall include,
at a minimum, a State plan that contains the descriptions,
proposals, and assurance described in section 117C(d)
with respect to each community-based service program
proposed to be carried out through funding distributed by
the State Commission under this subpart.
‘‘SEC. 117C. LOCAL APPLICATIONS.
‘‘(a) APPLICATION
TO
CORPORATION
TO
MAKE
GRANTS FOR COMMUNITY-BASED SERVICE PROGRAMS.—
To be eligible to receive a grant from the Corporation
under section 117A(a) to make grants under section
117A(b)(1), a grantmaking entity shall prepare, submit
to the Corporation, and obtain approval of, an application
that proposes a community-based service program to be
carried out through grants made to qualified organiza-
tions. Such application shall be submitted at such time
and in such manner, and shall contain such information,
as the Chairperson may reasonably require.
‘‘(b) DIRECT APPLICATION
TO CORPORATION
TO
CARRY OUT COMMUNITY-BASED SERVICE PROGRAMS.—
To be eligible to receive a grant from the Corporation
107
under section 117A(a) to implement, operate, expand, or
replicate a community service program, a qualified organi-
zation shall prepare, submit to the Corporation, and ob-
tain approval of, an application that proposes a commu-
nity-based service program to be carried out at multiple
sites, or that proposes an innovative community-based
service program. Such application shall be submitted at
such time and in such manner, and shall contain such in-
formation, as the Chairperson may reasonably require.
‘‘(c) APPLICATION
TO
STATE
COMMISSION
OR
GRANTMAKING ENTITY TO RECEIVE GRANTS TO CARRY
OUT COMMUNITY-BASED SERVICE PROGRAMS.—To be el-
igible to receive a grant from a State Commission or
grantmaking entity under section 117A(b)(1), a qualified
organization shall prepare, submit to the Commission or
entity, and obtain approval of, an application. Such appli-
cation shall be submitted at such time and in such man-
ner, and shall contain such information, as the Commis-
sion or entity may reasonably require.
‘‘(d) REQUIREMENTS OF APPLICATION.—An applica-
tion submitted under subsection (a), (b), or (c) shall, at
a minimum, contain—
‘‘(1) a description of any community-based
service program proposed to be implemented, oper-
108
ated, expanded, or replicated directly by the appli-
cant using assistance provided under this subpart;
‘‘(2) a description of any grant program pro-
posed to be conducted by the applicant with assist-
ance provided under this subpart to support a com-
munity-based service program;
‘‘(3) a proposal for carrying out the commu-
nity-based service program that describes the man-
ner in which the entity carrying out the program
will—
‘‘(A) provide preservice and inservice train-
ing, for supervisors and participants, that will
be conducted by qualified individuals, or quali-
fied organizations, that have experience in com-
munity-based service programs;
‘‘(B) include economically disadvantaged
individuals as participants in the program pro-
posed by the applicant;
‘‘(C) provide an age-appropriate service-
learning 
component 
described 
in 
section
114(d)(5)(B);
‘‘(D) conduct an appropriate evaluation of
the program;
‘‘(E) provide for appropriate community
involvement in the program;
109
‘‘(F) provide service experiences that pro-
mote leadership abilities among participants in
the program, including experiences that involve
such participants in program design;
‘‘(G) involve participants in projects ap-
proved by community-based agencies;
‘‘(H) establish and measure progress to-
ward the goals of the program; and
‘‘(I) organize participants in the program
into teams, with team leaders who may be par-
ticipants in a program under subtitle C or indi-
viduals who receive a national service edu-
cational award under subtitle D; and
‘‘(4) an assurance that the entity carrying out
the program proposed by the applicant will comply
with the nonduplication and nondisplacement provi-
sions of section 177 and grievance procedure re-
quirements of section 176(f).
‘‘SEC. 117D. CONSIDERATION OF APPLICATIONS.
‘‘(a) APPLICATION OF CRITERIA.—The Corporation
shall apply the criteria described in subsection (b) in de-
termining whether to approve an application submitted
under section 117B or under subsection (a) or (b) of sec-
tion 117C and to provide assistance under section 117A
to the applicant on the basis of the application.
110
‘‘(b) ASSISTANCE CRITERIA.—In evaluating such an
application with respect to a program under this subpart,
the Corporation shall consider the criteria established for
national service programs under section 133(c).
‘‘(c) APPLICATION TO SUBGRANTS.—A State Com-
mission or grantmaking entity shall apply the criteria de-
scribed in subsection (b) in determining whether to ap-
prove an application under section 117C(c) and to make
a grant under section 117A(b)(1) to the applicant on the
basis of the application.
‘‘SEC. 117E. FEDERAL, STATE, AND LOCAL CONTRIBUTIONS.
‘‘(a) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—The Federal share attrib-
utable to this subpart of the cost of carrying out a
program for which a grant is made under this sub-
part may not exceed the percentage specified in sub-
paragraph (A), (B), (C), or (D) of section 116(a)(1),
as appropriate.
‘‘(2) CALCULATION.—Each recipient of assist-
ance under this subpart shall comply with section
116(a)(2).
‘‘(b) WAIVER.—The Chairperson may waive the re-
quirements of subsection (a), in whole or in part, as pro-
vided in section 116(b).
111
‘‘SEC. 117F. LIMITATIONS ON USES OF FUNDS.
‘‘(a) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of the amount of assistance provided to a State Com-
mission, grantmaking entity, or qualified organization that
is the original recipient of a grant under section 117A(a)
for a fiscal year may be used to pay for administrative
costs incurred by—
‘‘(1) the original recipient; or
‘‘(2) the entity carrying out the community-
based service programs supported with the assist-
ance.
‘‘(b) RULES ON USE.—The Chairperson may by rule
prescribe the manner and extent to which—
‘‘(1) such assistance may be used to cover ad-
ministrative costs; and
‘‘(2) that portion of the assistance available to
cover administrative costs should be distributed be-
tween—
‘‘(A) the original recipient; and
‘‘(B) the entity carrying out the commu-
nity-based service programs supported with the
assistance.
‘‘Subpart C—Clearinghouse
‘‘SEC. 118. SERVICE-LEARNING CLEARINGHOUSE.
‘‘(a) IN GENERAL.—The Corporation shall provide fi-
nancial assistance, from funds appropriated to carry out
112
subtitle H, to agencies described in subsection (b) to es-
tablish a clearinghouse, which shall carry out activities,
either directly or by arrangement with another such entity,
with respect to information about service-learning.
‘‘(b) PUBLIC AND PRIVATE NOT-FOR-PROFIT AGEN-
CIES.—Public and private not-for-profit agencies that
have extensive experience with service-learning, including
use of adult volunteers to foster service-learning, shall be
eligible to receive assistance under subsection (a).
‘‘(c) FUNCTION
OF CLEARINGHOUSE.—An entity
that receives assistance under subsection (a) may—
‘‘(1) assist entities carrying out State or local
service-learning programs with needs assessments
and planning;
‘‘(2) conduct research and evaluations concern-
ing service-learning;
‘‘(3)(A) provide leadership development and
training to State and local service-learning program
administrators, supervisors, service sponsors, and
participants; and
‘‘(B) provide training to persons who can pro-
vide the leadership development and training de-
scribed in subparagraph (A);
113
‘‘(4) facilitate communication among entities
carrying out service-learning programs and partici-
pants in such programs;
‘‘(5) provide information, curriculum materials,
and technical assistance relating to planning and op-
eration of service-learning programs, to States and
local entities eligible to receive financial assistance
under this title;
‘‘(6)(A) gather and disseminate information on
successful service-learning programs, components of
such successful programs, innovative youth skills
curricula related to service-learning, and service-
learning projects; and
‘‘(B) coordinate the activities of the Clearing-
house with appropriate entities to avoid duplication
of effort;
‘‘(7) make recommendations to State and local
entities on quality controls to improve the quality of
service-learning programs;
‘‘(8) assist organizations in recruiting, screen-
ing, and placing service-learning coordinators; and
‘‘(9) carry out such other activities as the
Chairperson determines to be appropriate.’’.
(b) HIGHER EDUCATION INNOVATIVE PROJECTS.—
Subtitle B of title I of the National and Community Serv-
114
ice Act of 1990 (42 U.S.C. 12531 et seq.) is amended
by striking part II and inserting the following:
‘‘PART II—HIGHER EDUCATION INNOVATIVE
PROGRAMS FOR COMMUNITY SERVICE
‘‘SEC. 119. HIGHER EDUCATION INNOVATIVE PROGRAMS
FOR COMMUNITY SERVICE.
‘‘(a) PURPOSE.—It is the purpose of this part to ex-
pand participation in community service by supporting in-
novative community service programs carried out through
institutions of higher education, acting as civic institutions
to meet the human, educational, environmental, or public
safety needs of neighboring communities.
‘‘(b) GENERAL AUTHORITY.—The Corporation, in
consultation with the Secretary of Education, is author-
ized to make grants to, and enter into contracts with, in-
stitutions of higher education (including a combination of
such institutions), and partnerships comprised of such in-
stitutions and of other public agencies or not-for-profit
private organizations, to pay for the Federal share of the
cost of—
‘‘(1) enabling such an institution or partnership
to create or expand an organized community service
program that—
115
‘‘(A) engenders a sense of social respon-
sibility and commitment to the community in
which the institution is located; and
‘‘(B) provides projects for participants,
who shall be students, faculty, administration,
or staff of the institution, or residents of the
community;
‘‘(2) supporting student-initiated and student-
designed community service projects through the
program;
‘‘(3) facilitating the integration of community
service carried out under the program into academic
curricula, including integration of clinical programs
into the curriculum for students in professional
schools, so that students can obtain credit for their
community service projects;
‘‘(4) supplementing the funds available to carry
out work-study programs under part C of title IV of
the Higher Education Act of 1965 (42 U.S.C. 2751
et seq.) to support service-learning and community
service through the community service program;
‘‘(5) strengthening the service infrastructure
within institutions of higher education in the United
States through the program; and
116
‘‘(6) providing for the training of teachers, pro-
spective teachers, related education personnel, and
community leaders in the skills necessary to develop,
supervise, and organize service-learning.
‘‘(c) FEDERAL SHARE.—
‘‘(1) SHARE.—
‘‘(A) IN GENERAL.—The Federal share of
the cost of carrying out a community service
project for which a grant or contract is awarded
under this part may not exceed 50 percent.
‘‘(B) CALCULATION.—Each recipient of as-
sistance under this part shall comply with sec-
tion 116(a)(2).
‘‘(2) WAIVER.—The Chairperson may waive the
requirements of paragraph (1), in whole or in part,
as provided in section 116(b).
‘‘(d) APPLICATION FOR GRANT.—
‘‘(1) SUBMISSION.—To receive a grant or enter
into a contract under this part, an institution or
partnership described in subsection (b) shall pre-
pare, submit to the Corporation, and obtain approval
of, an application at such time and in such manner
as the Chairperson may reasonably require.
‘‘(2) CONTENTS.—An application submitted
under paragraph (1) shall contain—
117
‘‘(A) such information as the Chairperson
may reasonably require, such as a description
of—
‘‘(i) the proposed program to be es-
tablished with assistance provided under
the grant or contract;
‘‘(ii) the human, educational, environ-
mental, or public safety service that par-
ticipants will perform and the community
need that will be addressed under such
program;
‘‘(iii) whether or not students will re-
ceive academic credit for community serv-
ice projects under the program;
‘‘(iv) the procedure for training super-
visors and participants and for supervising
and organizing participants in such pro-
gram;
‘‘(v) the procedures to ensure that the
program 
includes 
the 
age-appropriate
learning component described in section
114(d)(5)(B);
‘‘(vi) the roles played by students and
community members, including service re-
118
cipients, in the design and implementation
of the program; and
‘‘(vii) the budget for the program;
‘‘(B) assurances that—
‘‘(i) prior to the placement of a partic-
ipant, the applicant will consult with any
local labor organization representing em-
ployees in the area who are engaged in the
same or similar work as that proposed to
be carried out by such program, to prevent
the displacement and protect the rights of
such employees; and
‘‘(ii) the applicant will comply with
the nonduplication and nondisplacement
provisions of section 177 and grievance
procedure requirements of section 176(f);
and
‘‘(C) such other assurances as the Chair-
person may reasonably require.
‘‘(e) PRIORITY.—
‘‘(1) IN GENERAL.—In making grants and en-
tering into contracts under subsection (b), the Cor-
poration shall give priority to applicants that submit
applications containing proposals that—
119
‘‘(A) demonstrate the commitment of the
institution of higher education, other than by
demonstrating the commitment of the students,
to supporting the community service projects
carried out under the program;
‘‘(B) specify the manner in which the insti-
tution will promote faculty, administration, and
staff participation in the community service
projects;
‘‘(C) specify the manner in which the insti-
tution will provide service to the community
through organized programs, including, where
appropriate, clinical programs for students in
professional schools;
‘‘(D) describe any partnership that will
participate in the community service projects,
such as a partnership comprised of—
‘‘(i) the institution;
‘‘(ii)(I) a community-based agency;
‘‘(II) a local government agency; or
‘‘(III) a not-for-profit entity that
serves or involves school-age youth or older
adults; and
‘‘(iii) a student organization;
120
‘‘(E) demonstrate community involvement
in the development of the proposal;
‘‘(F) specify that the institution will use
such assistance to strengthen the service infra-
structure in institutions of higher education; or
‘‘(G) with respect to projects involving de-
livery of service, specify projects that involve
leadership development of school-age youth.
‘‘(2) DETERMINATION.—In giving priority to
applicants under paragraph (1), the Corporation
shall give increased priority to such an applicant for
each characteristic described in subparagraphs (A)
through (G) of paragraph (1) that is reflected in the
application submitted by the applicant.
‘‘(f) NATIONAL SERVICE EDUCATIONAL AWARD.—A
participant in a program funded under this part shall be
eligible for the national service educational award de-
scribed in subtitle D, if the participant served in an ap-
proved national service position.
‘‘(g) 
DEFINITION.—Notwithstanding 
section
101(28), as used in this part, the term ‘student’ means
an individual who is enrolled in an institution of higher
education on a full- or part-time basis.
121
‘‘PART III—GENERAL PROVISIONS
‘‘SEC. 120. AVAILABILITY OF APPROPRIATIONS.
‘‘Of the aggregate amount appropriated to carry out
this subtitle for each fiscal year—
‘‘(1) a sum equal to 75 percent of such aggre-
gate amount shall be available to carry out part I,
of which—
‘‘(A) 85 percent of such sum shall be avail-
able to carry out subpart A; and
‘‘(B) 15 percent of such sum shall be avail-
able to carry out subpart B; and
‘‘(2) a sum equal to 25 percent of such aggre-
gate amount shall be available to carry out part II.’’.
(c) 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 subtitle B of title I of such Act and in-
serting the following:
‘‘Subtitle B—School-Based and Community-Based Service-Learning Programs
‘‘PART I—SERVE-AMERICA PROGRAMS
‘‘SUBPART A—SCHOOL-BASED PROGRAMS FOR STUDENTS
‘‘Sec. 111. Authority to assist States and Indian tribes.
‘‘Sec. 111A. Authority to assist local applicants in nonparticipating States.
‘‘Sec. 111B. Authority to assist public or private not-for-profit organizations.
‘‘Sec. 112. Grants and allotments.
‘‘Sec. 113. State or tribal applications.
‘‘Sec. 114. Local applications.
‘‘Sec. 115. Consideration of applications.
‘‘Sec. 115A. Participation of students and teachers from private schools.
‘‘Sec. 116. Federal, State, and local contributions.
‘‘Sec. 116A. Limitations on uses of funds.
‘‘Sec. 116B. Definitions.
122
‘‘SUBPART B—COMMUNITY-BASED SERVICE PROGRAMS FOR SCHOOL-AGE
YOUTH
‘‘Sec. 117. Definitions.
‘‘Sec. 117A. General authority.
‘‘Sec. 117B. State applications.
‘‘Sec. 117C. Local applications.
‘‘Sec. 117D. Consideration of applications.
‘‘Sec. 117E. Federal, State, and local contributions.
‘‘Sec. 117F. Limitations on uses of funds.
‘‘SUBPART C—CLEARINGHOUSE
‘‘Sec. 118. Service-learning clearinghouse.
‘‘PART II—HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY
SERVICE
‘‘Sec. 119. Higher education innovative programs for community service.
‘‘PART III—GENERAL PROVISIONS
‘‘Sec. 120. Availability of appropriations.’’.
SEC. 104. QUALITY AND INNOVATION ACTIVITIES.
(a) REPEAL.—Subtitle E of title I of the National
and Community Service Act of 1990 (42 U.S.C. 12591
et seq.) is repealed.
(b) TRANSFER.—Title I of the National and Commu-
nity Service Act of 1990 is amended—
(1) by redesignating subtitle H (42 U.S.C.
12653 et seq.) as subtitle E;
(2) by inserting subtitle E (as redesignated by
paragraph (1) of this subsection) after subtitle D;
and
(3) by redesignating sections 195 through 195O
as sections 151 through 166, respectively.
(c) INVESTMENT FOR QUALITY AND INNOVATION.—
Title I of the National and Community Service Act of
123
1990 (as amended by subsection (b) of this section) is
amended by adding at the end the following new subtitle:
‘‘Subtitle H—Investment for
Quality and Innovation
‘‘SEC. 198. ADDITIONAL CORPORATION ACTIVITIES TO SUP-
PORT NATIONAL SERVICE.
‘‘(a) METHODS OF CONDUCTING ACTIVITIES.—The
Corporation may carry out this section directly or through
grants, contracts, and cooperative agreements with other
entities.
‘‘(b) INNOVATION AND QUALITY IMPROVEMENT.—
‘‘(1) ACTIVITIES.—The Corporation may under-
take activities to improve the quality of national
service programs and to support innovative and
model programs, including—
‘‘(A) programs under subtitle B or C for
rural youth;
‘‘(B) employer-based retiree programs;
‘‘(C) intergenerational programs;
‘‘(D) programs involving individuals with
disabilities as participants providing service;
and
‘‘(E) programs sponsored by Governors.
‘‘(2) 
INTERGENERATIONAL
PROGRAM.—An
intergenerational program referred to in paragraph
124
(1)(C) may include a program in which older adults
provide services to children who participate in Head
Start programs.
‘‘(c) SUMMER PROGRAMS.—The Corporation may
support service programs intended to be carried out be-
tween May 1 and October 1, except that such a program
may also include a year-round component.
‘‘(d) COMMUNITY-BASED AGENCIES.—The Corpora-
tion may provide training and technical assistance and
other assistance to service sponsors and other community-
based agencies that provide volunteer placements in order
to improve the ability of such agencies to use participants
and other volunteers in a manner that results in high-qual-
ity service and a positive service experience for the partici-
pants and volunteers.
‘‘(e) IMPROVE ABILITY TO APPLY
FOR ASSIST-
ANCE.—The Corporation may provide training and tech-
nical assistance to individuals, programs, local labor orga-
nizations, State educational agencies, State commissions,
local educational agencies, local governments, community-
based agencies, and other entities to enable them to apply
for funding under one of the national service laws, to con-
duct high-quality programs, to evaluate such programs,
and for other purposes.
125
‘‘(f) NATIONAL SERVICE FELLOWSHIPS.—The Cor-
poration may award national service fellowships.
‘‘(g) CONFERENCES AND MATERIALS.—The Corpora-
tion may organize and hold conferences, and prepare and
publish materials, to disseminate information and promote
the sharing of information among programs for the pur-
pose of improving the quality of programs and projects.
‘‘(h) PEACE CORPS
AND VISTA TRAINING.—The
Corporation may provide training assistance to selected in-
dividuals who volunteer to serve in the Peace Corps or a
program authorized under title I of the Domestic Volun-
teer Service Act of 1973 (42 U.S.C. 4951 et seq.). The
training shall be provided as part of the course of study
of the individual at an institution of higher education,
shall involve service-learning, and shall cover appropriate
skills that the individual will use in the Peace Corps or
VISTA.
‘‘(i) PROMOTION AND RECRUITMENT.—The Corpora-
tion may conduct a campaign to solicit funds for the Na-
tional Service Trust and other programs and activities au-
thorized under the national service laws and to promote
and recruit participants for programs that receive assist-
ance under the national service laws.
‘‘(j) TRAINING.—The Corporation may support na-
tional and regional participant and supervisor training, in-
126
cluding leadership training and training in specific types
of service and in building the ethic of civic responsibility.
‘‘(k) RESEARCH.—The Corporation may support re-
search on national service, including service-learning.
‘‘(l) INTERGENERATIONAL SUPPORT.—The Corpora-
tion may assist programs in developing a service compo-
nent that combines students, out-of-school youths, and
older adults as participants to provide needed community
services.
‘‘(m) PLANNING COORDINATION.—The Corporation
may coordinate community-wide planning among pro-
grams and projects.
‘‘(n) YOUTH LEADERSHIP.—The Corporation may
support activities to enhance the ability of youth and
young adults to play leadership roles in national service.
‘‘(o) NATIONAL PROGRAM IDENTITY.—The Corpora-
tion may support the development and dissemination of
materials, including training materials, and arrange for
uniforms and insignia, designed to promote unity and
shared features among programs that receive assistance
under the national service laws.
‘‘(p) SERVICE-LEARNING.—The Corporation shall
support innovative programs and activities that promote
service-learning.
127
‘‘SEC. 198A. CLEARINGHOUSES.
‘‘(a) ASSISTANCE.—The Corporation shall provide as-
sistance to appropriate entities to establish one or more
clearinghouses, including the clearinghouse described in
section 118.
‘‘(b) APPLICATION.—To be eligible to receive assist-
ance under subsection (a), an entity shall submit an appli-
cation to the Corporation at such time, in such manner,
and containing such information as the Corporation may
require.
‘‘(c) FUNCTION
OF CLEARINGHOUSES.—An entity
that receives assistance under subsection (a) may—
‘‘(1) assist entities carrying out State or local
community service programs with needs assessments
and planning;
‘‘(2) conduct research and evaluations concern-
ing community service;
‘‘(3)(A) provide leadership development and
training to State and local community service pro-
gram administrators, supervisors, and participants;
and
‘‘(B) provide training to persons who can pro-
vide the leadership development and training de-
scribed in subparagraph (A);
128
‘‘(4) facilitate communication among entities
carrying out community service programs and par-
ticipants;
‘‘(5) provide information, curriculum materials,
technical assistance relating to planning and oper-
ation of community service programs, to States and
local entities eligible to receive funds under this title;
‘‘(6)(A) gather and disseminate information on
successful community service programs, components
of such successful programs, innovative youth skills
curriculum, and community service projects; and
‘‘(B) coordinate the activities of the clearing-
house with appropriate entities to avoid duplication
of effort;
‘‘(7) make recommendations to State and local
entities on quality controls to improve the delivery of
community service programs and on changes in the
programs under this title; and
‘‘(8) carry out such other activities as the
Chairperson determines to be appropriate.’’.
‘‘SEC. 198B. PRESIDENTIAL AWARDS FOR SERVICE.
‘‘(a) PRESIDENTIAL AWARDS.—
‘‘(1) IN
GENERAL.—The President, acting
through the Corporation, may make Presidential
129
awards for service to individuals providing signifi-
cant service, and to outstanding service programs.
‘‘(2) INDIVIDUALS AND PROGRAMS.—Notwith-
standing section 101(17)—
‘‘(A) an individual receiving an award
under this subsection need not be a participant
in a program authorized under this Act; and
‘‘(B) a program receiving an award under
this subsection need not be a program author-
ized under this Act.
‘‘(3) NATURE OF AWARD.—In making an award
under this section to an individual or program, the
President, acting through the Corporation—
‘‘(A) is authorized to incur necessary ex-
penses for the honorary recognition of the indi-
vidual or program; and
‘‘(B) is not authorized to make a cash
award to such individual or program.
‘‘(b) INFORMATION.—The President, acting through
the Corporation, shall ensure that information concerning
individuals and programs receiving awards under this sec-
tion is widely disseminated.’’.
(d) TABLE OF CONTENTS.—
(1) CIVILIAN COMMUNITY CORPS.—Section 1(b)
of the National and Community Service Act of 1990
130
(Public Law 101–610; 104 Stat. 3127) is amended
by striking the items relating to subtitle E of title
I of such Act and inserting the following:
‘‘Subtitle E—Civilian Community Corps
‘‘Sec. 151.
Purpose.
‘‘Sec. 152. Establishment of Civilian Community Corps Demonstration Pro-
gram.
‘‘Sec. 153. National service program.
‘‘Sec. 154. Summer national service program.
‘‘Sec. 155. Civilian Community Corps.
‘‘Sec. 156. Training.
‘‘Sec. 157. Service projects.
‘‘Sec. 158. Authorized benefits for Corps personnel under Federal law.
‘‘Sec. 159. Administrative provisions.
‘‘Sec. 160. Status of Corps members and Corps personnel under Federal law.
‘‘Sec. 161. Contract and grant authority.
‘‘Sec. 162. Responsibilities of other departments.
‘‘Sec. 163. Advisory board.
‘‘Sec. 164. Annual evaluation.
‘‘Sec. 165. Funding limitation.
‘‘Sec. 166. Definitions.’’.
(2) QUALITY AND INNOVATION.—Section 1(b)
of the National and Community Service Act of 1990
(Public Law 101–610; 104 Stat. 3127) is amended
by striking the items relating to subtitle H of title
I of such Act and inserting the following:
‘‘Subtitle H—Investment for Quality and Innovation
‘‘Sec. 198. Additional corporation activities to support national service.
‘‘Sec. 198A. Clearinghouses.
‘‘Sec. 198B. Presidential awards for service.’’.
(e) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 1993.—
(A) Section 1091(f)(2) of the National De-
fense Authorization Act for Fiscal Year 1993
131
(Public Law 102–484) is amended by striking
‘‘195G’’ and inserting ‘‘158’’.
(B) Paragraphs (1) and (2) of section
1092(b), and sections 1092(c), 1093(a), and
1094(a) of such Act are amended by striking
‘‘195A’’ and inserting ‘‘152’’.
(C) Sections 1091(f)(2), 1092(b)(1), and
1094(a), and subsections (a) and (c) of section
1095 of such Act are amended by striking
‘‘subtitle H’’ and inserting ‘‘subtitle E’’.
(D) Section 1094(b)(1) and subsections (b)
and (c)(1) of section 1095 of such Act are
amended by striking ‘‘subtitles B, C, D, E, F,
and G’’ and inserting ‘‘subtitles B, C, D, F, G,
and H’’.
(2) NATIONAL AND COMMUNITY SERVICE ACT
OF 1990.—
(A) Section 153(a) of such Act (as redesig-
nated in subsection (b)(3) of this section) (42
U.S.C. 12653b(a)) is amended by striking
‘‘195A(a)’’ and inserting ‘‘152(a)’’.
(B) Section 154(a) of such Act (as redesig-
nated in subsection (b)(3) of this section) (42
U.S.C. 12653c(a)) is amended by striking
‘‘195A(a)’’ and inserting ‘‘152(a)’’.
132
(C) Section 155 of such Act (as redesig-
nated in subsection (b)(3) of this section) (42
U.S.C. 12653d) is amended—
(i) in subsection (a), by striking
‘‘195H(c)(1)’’ and inserting ‘‘159(c)(1)’’;
(ii) in subsection (c)(2), by striking
‘‘195H(c)(2)’’ and inserting ‘‘159(c)(2)’’;
and
(iii) in subsection (d)(3), by striking
‘‘195K(a)(3)’’ and inserting ‘‘162(a)(3)’’.
(D) Section 156 of such Act (as redesig-
nated in subsection (b)(3) of this section) (42
U.S.C. 12653e) is amended—
(i) in subsection (c)(1), by striking
‘‘195H(c)(2)’’ and inserting ‘‘159(c)(2)’’;
and
(ii) in subsection (d), by striking
‘‘195K(a)(3)’’ and inserting ‘‘162(a)(3)’’.
(E) Section 159 of such Act (as redesig-
nated in subsection (b)(3) of this section) (42
U.S.C. 12653h) is amended—
(i) in subsection (a)—
(I) by striking ‘‘195A’’ and in-
serting ‘‘152’’; and
133
(II) by striking ‘‘195’’ and in-
serting ‘‘151’’; and
(ii) in subsection (c)(2)(C)(i), by
striking ‘‘195K(a)(2)’’ and inserting ‘‘sec-
tion 162(a)(2)’’.
(F) Section 161(b)(1)(B) of such Act (as
redesignated in subsection (b)(3) of this sec-
tion) (42 U.S.C. 12653j(b)(1)(B)) is amended
by 
striking 
‘‘195K(a)(3)’’ 
and 
inserting
‘‘162(a)(3)’’.
(G) Section 162(a)(2)(A) of such Act (as
redesignated in subsection (b)(3) of this sec-
tion) (42 U.S.C. 12653k(a)(2)(A)) is amended
by striking ‘‘195(3)’’ and inserting ‘‘151(3)’’.
(H) Section 166 of such Act (as redesig-
nated in subsection (b)(3) of this section) (42
U.S.C. 12653o) is amended—
(i) in paragraph (2), by striking
‘‘195D’’ and inserting ‘‘155’’;
(ii) in paragraph (8), by striking
‘‘195A’’ and inserting ‘‘152’’;
(iii) in paragraph (10), by striking
‘‘195D(d)’’ and inserting ‘‘155(d)’’; and
(iv) in paragraph (11), by striking
‘‘195D(c)’’ and inserting ‘‘155(c)’’.
134
(f) EXTENSION OF AUTHORITY TO CONDUCT CIVIL-
IAN COMMUNITY CORPS.—Section 1092(c) of the National
Defense Authorization Act for Fiscal Year 1993 (Public
Law 102–484; 106 Stat. 2534), as amended by subsection
(e)(1) of this section, is further amended by adding at the
end the following new sentence: ‘‘The amount made avail-
able for the Civilian Community Corps Demonstration
Program pursuant to this subsection shall remain avail-
able for expenditure during fiscal years 1993 and 1994.’’.
(g) ADDITIONAL AMENDMENT REGARDING CIVILIAN
COMMUNITY CORPS.—Section 158 of the National and
Community Service Act of 1990 (as redesignated in sub-
section (b)(3) of this section) (42 U.S.C. 12653g) is
amended by striking subsections (f), (g), and (h) and in-
serting the following new subsections:
‘‘(f) NATIONAL SERVICE EDUCATIONAL AWARDS.—
A Corps member who successfully completes a period of
agreed service in the Corps may receive the national serv-
ice educational award described in subtitle D if the Corps
member—
‘‘(1) serves in an approved national service po-
sition; and
‘‘(2) satisfies the eligibility requirements speci-
fied in section 146 with respect to service in that ap-
proved national service position.
135
‘‘(g) ALTERNATIVE BENEFIT.—If a Corps member
who successfully completes a period of agreed service in
the Corps is ineligible for the national service educational
award described in subtitle D, the Director may provide
for the provision of a suitable alternative benefit for the
Corps member.’’.
Subtitle B—Related Provisions
SEC. 111. DEFINITIONS.
(a) IN GENERAL.—Section 101 of the National and
Community Service Act of 1990 (42 U.S.C. 12511) is
amended to read as follows:
‘‘SEC. 101. DEFINITIONS.
‘‘For purposes of this title:
‘‘(1) ADULT VOLUNTEER.—The term ‘adult vol-
unteer’ means an individual, such as an older adult,
an individual with a disability, a parent, or an em-
ployee of a business or public or private not-for-prof-
it agency, who—
‘‘(A) works without financial remuneration
in an educational institution to assist students
or out-of-school youth; and
‘‘(B) is beyond the age of compulsory
school attendance in the State in which the edu-
cational institution is located.
136
‘‘(2) APPROVED
NATIONAL
SERVICE
POSI-
TION.—The term ‘approved national service position’
means a national service position designated by the
Corporation as a position that includes a national
service educational award described in section 147
as one of the benefits to be provided for successful
service in the position.
‘‘(3) CARRY OUT.—The term ‘carry out’, when
used in connection with a national service program
described in section 122, means the planning, estab-
lishment, operation, expansion, or replication of the
program.
‘‘(4) CHAIRPERSON.—The term ‘Chairperson’
means the Chairperson and Director of the Corpora-
tion appointed under section 193.
‘‘(5) COMMUNITY-BASED
AGENCY.—The term
‘community-based agency’ means a private not-for-
profit organization that is representative of a com-
munity and that is engaged in meeting human, edu-
cational, environmental, or public safety community
needs.
‘‘(6) CORPORATION.—The term ‘Corporation’
means the Corporation for National Service estab-
lished under section 191.
137
‘‘(7) ECONOMICALLY
DISADVANTAGED.—The
term ‘economically disadvantaged’ means, with re-
spect to an individual, an individual who is deter-
mined by the Chairperson to be low-income accord-
ing to the latest available data from the Department
of Commerce.
‘‘(8) ELEMENTARY
SCHOOL.—The term ‘ele-
mentary school’ has the same meaning given such
term in section 1471(8) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 2891(8)).
‘‘(9) INDIAN.—The term ‘Indian’ means a per-
son who is a member of an Indian tribe.
‘‘(10) INDIAN LANDS.—The term ‘Indian lands’
means any real property owned by an Indian tribe,
any real property held in trust by the United States
for an Indian or Indian tribe, and any real property
held by an Indian or Indian tribe that is subject to
restrictions on alienation imposed by the United
States.
‘‘(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
138
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
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
139
‘‘(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
‘‘(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 not-for-
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
140
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
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 between the ages of
5 and 17, inclusive.
‘‘(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;
141
‘‘(ii) is coordinated with an elemen-
tary school, secondary school, institution of
higher education, or community service
program, and with the community; and
‘‘(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 section
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
142
Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands. The term also in-
cludes 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-
143
ship’’ each place the term appears and inserting
‘‘partnership’’.
(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
144
striking ‘‘section 101(22) of the National and Com-
munity Service Act of 1990’’ and inserting ‘‘section
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),
145
the participant shall be considered to be an eligible em-
ployee of the service sponsor.
‘‘(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.’’.
(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.’’.
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
146
(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
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
147
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.).
‘‘(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
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.’’.
148
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’’.
(c) GRIEVANCE PROCEDURE.—Section 176(f) of such
Act is amended to read as follows:
‘‘(f) GRIEVANCE PROCEDURE.—
‘‘(1) IN GENERAL.—A State or local applicant
that receives assistance under this title shall estab-
lish and maintain a procedure for the filing and ad-
judication of grievances from participants, labor or-
ganizations, and other interested individuals con-
cerning projects that receive assistance under this
title, including grievances regarding proposed place-
ments of such participants in such projects.
149
‘‘(2) DEADLINE FOR GRIEVANCES.—Except for
a grievance that alleges fraud or criminal activity, a
grievance shall be made not later than 1 year after
the date of the alleged occurrence of the event that
is the subject of the grievance.
‘‘(3) DEADLINE
FOR
HEARING
AND
DECI-
SION.—
‘‘(A) HEARING.—A hearing on any griev-
ance conducted under this subsection shall be
conducted not later than 30 days after the fil-
ing of such grievance.
‘‘(B) DECISION.—A decision on any such
grievance shall be made not later than 60 days
after the filing of such grievance.
‘‘(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
150
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
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.
151
‘‘(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 not-
for-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 organiza-
tion, 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
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
152
‘‘(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-
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.’’.
153
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:
‘‘(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—
154
(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)—
(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).
155
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.’’.
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.
156
(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
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-
157
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 7 voting members and not more than 13 voting mem-
bers.
‘‘(c) COMPOSITION AND MEMBERSHIP.—
‘‘(1) REQUIRED
MEMBERS.—The State Com-
mission for a State shall include as voting members
at least one representative from each of the follow-
ing categories:
‘‘(A) A national service program, such as
a youth corps program, a service program for
school-age youth, and a program in which older
Americans are participants.
‘‘(B) Local governments in the State.
158
‘‘(C) Local labor organizations.
‘‘(2) SOURCES
OF
OTHER
MEMBERS.—The
State Commission for a State may include as voting
members the following:
‘‘(A) Representatives of community-based
organizations.
‘‘(B) Members selected from among par-
ticipants in service programs who are youths.
‘‘(C) Members selected from among edu-
cators.
‘‘(D) Members selected from among ex-
perts in the delivery of human, educational, en-
vironmental, or public safety services to commu-
nities and persons.
‘‘(E) Representatives of businesses and
business groups.
‘‘(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
nonvoting ex officio members of the State Commis-
sion for the State representatives selected from
among officers and employees of State agencies op-
159
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 one 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
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
160
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.
‘‘(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) covers a 3-year period;
‘‘(B) is updated annually; and
161
‘‘(C) 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) 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.
‘‘(6) Development of a State system for the re-
cruitment and placement of participants in national
service programs that receive assistance under sec-
tion 121 and dissemination of information concern-
ing national service programs that receive assistance
and approved national service positions.
‘‘(7) Administration of the grant program in
support of national service programs that is con-
162
ducted by the State using assistance provided to the
State under section 121, including selection, over-
sight, and evaluation of grant recipients.
‘‘(8) Development of projects, training methods,
curriculum materials, and other materials and activi-
ties related to national service programs that receive
assistance directly from the Corporation or from the
State using assistance provided under section 121.
‘‘(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 not-for-profit 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
163
‘‘(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.
‘‘(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.
164
‘‘(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
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.
165
(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-
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 1-year period be-
ginning 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:
166
‘‘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—
‘‘(A) 11 members, including the Chair-
person appointed under section 193, to be ap-
pointed by the President, by and with the ad-
vice 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-