were selected by the State on a competitive basis. In
making such competitive selections, the State shall
seek to ensure the equitable allocation within the
State of assistance and approved national service po-
sitions provided under this subtitle to the State tak-
ing into consideration such factors as the location of
the programs applying to the State, population den-
sity, and economic distress.
‘‘(3) ASSISTANCE TO NONSTATE ENTITIES.—The
application of a State shall also contain an assurance
that not less than 60 percent of the assistance will be
used to make grants in support of national service
programs other than national service programs car-
ried out by a State agency. The Corporation may
permit a State to deviate from the percentage speci-
fied by this subsection if the State has not received a
sufficient number of acceptable applications to com-
ply with the percentage.
‘‘(e) SPECIAL RULE FOR CERTAIN APPLICANTS.—
‘‘(1) WRITTEN CONCURRENCE.—In the case of a
program applicant that proposes to also serve as the
service sponsor, the application shall include the writ-
ten concurrence of any local labor organization rep-
resenting employees of the service sponsor who are en-
gaged in the same or substantially similar work as
that proposed to be carried out.
‘‘(2) PROGRAM APPLICANT DEFINED.—For pur-
poses of this subsection, the term ‘program applicant’
means—
‘‘(A) a State, subdivision of a State, Indian
tribe, public or private nonprofit organization,
institution of higher education, or Federal agen-
cy submitting an application under this section;
or
‘‘(B) an entity applying for assistance or
approved national service positions through a
grant program conducted using assistance pro-
vided to a State, subdivision of a State, Indian
tribe, public or private nonprofit organization,
institution of higher education, or Federal agen-
cy under section 121.
‘‘(f) LIMITATION ON SAME PROJECT IN MULTIPLE AP-
PLICATIONS.—The Corporation shall reject an application
submitted under this section if a project proposed to be con-
ducted using assistance requested by the applicant is al-
ready 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 section
121 and any national service program supported by a grant
made by the applicant using such assistance will—
‘‘(1) address unmet human, educational, envi-
ronmental, or public safety needs through services
that provide a direct benefit to the community in
which the service is performed; and
‘‘(2) comply with the nonduplication and
nondisplacement requirements of section 177.
‘‘(b) IMPACT ON PARTICIPANTS.—An application sub-
mitted 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 sec-
tion 121 and any national service program supported by
a grant made by the applicant using such assistance will—
‘‘(1) provide participants in the national service
program with the training, skills, and knowledge nec-
essary 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 complet-
ing a term of service and making the transition
to other educational and career opportunities;
and
‘‘(B) to those participants who are school
dropouts in order to assist those participants in
earning the equivalent of a high school diploma.
‘‘(c) 
CONSULTATION.—An 
application 
submitted
under section 130 shall also include an assurance by the
applicant that any national service program carried out
by the applicant using assistance provided under section
121 and any national service program supported by a grant
made by the applicant using such assistance will—
‘‘(1) provide in the design, recruitment, and op-
eration of the program for broad-based input from—
‘‘(A) the community served and potential
participants in the program; and
‘‘(B) community-based agencies with a dem-
onstrated record of experience in providing serv-
ices and local labor organizations representing
employees of service sponsors, if these entities
exist in the area to be served by the program;
‘‘(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 funded
through a State, consult with and coordinate activi-
ties 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 evaluation
of any national service program carried out
using assistance provided to the applicant under
section 121 or, with the approval of the Corpora-
tion, conduct an internal evaluation of the pro-
gram;
‘‘(B) apply measurable performance goals
and evaluation methods (such as the use of sur-
veys of participants and persons served), which
are to be used as part of such evaluation to de-
termine the impact of the program—
‘‘(i) on communities and persons
served by the projects performed by the pro-
gram;
‘‘(ii) on participants who take part in
the projects; and
‘‘(iii) in such other areas as the Cor-
poration may require; and
‘‘(C) cooperate with any evaluation activi-
ties undertaken by the Corporation.
‘‘(2) EVALUATION.—Subject to paragraph (3),
the Corporation shall develop evaluation criteria and
performance goals applicable to all national service
programs carried out with assistance provided under
section 121.
‘‘(3) 
ALTERNATIVE
EVALUATION
REQUIRE-
MENTS.—The Corporation may establish alternative
evaluation requirements for national service programs
based upon the amount of assistance received under
section 121 or received by a grant made by a recipi-
ent of assistance under such section. The determina-
tion of whether a national service program is covered
by this paragraph shall be made in such manner as
the Corporation may prescribe.
‘‘SEC. 133. CONSIDERATION OF APPLICATIONS.
‘‘(a) CORPORATION CONSIDERATION OF CERTAIN CRI-
TERIA.—The Corporation shall apply the criteria described
in subsections (c) and (d) in determining whether—
‘‘(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 include
the national service educational award described in
subtitle D and provide such approved national 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 competi-
tive basis to receive a share of the assistance shall use the
criteria described in subsections (c) and (d) when consider-
ing an application submitted by a national service program
to receive a portion of such assistance or an approved na-
tional 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 sec-
tion 130 are as follows:
‘‘(1) The quality of the national service program
proposed to be carried out directly by the applicant
or supported by a grant from the applicant.
‘‘(2) The innovative aspects of the national serv-
ice program, and the feasibility of replicating the pro-
gram.
‘‘(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 national
service program, the past performance of the program,
and the extent to which the program builds on exist-
ing programs.
‘‘(5) The extent to which participants of the na-
tional service program are recruited from among resi-
dents of the communities in which projects are to be
conducted, and the extent to which participants and
community residents are involved in the design, lead-
ership, and operation of the program.
‘‘(6) The extent to which projects would be con-
ducted in the following areas where they are needed
most—
‘‘(A) communities designated as enterprise
zones or redevelopment areas, targeted for special
economic incentives, or otherwise identifiable as
having high concentrations of low-income people;
‘‘(B) areas that are environmentally dis-
tressed;
‘‘(C) areas adversely affected by Federal ac-
tions related to the management of Federal lands
that result in significant regional job losses and
economic dislocation;
‘‘(D) areas adversely affected by reductions
in defense spending or the closure or realignment
of military installations;
‘‘(E) rural areas adversely affected by un-
fair trading practices of international competi-
tors of the United States; or
‘‘(F) areas that have an unemployment rate
greater than the national average unemployment
for the most recent 12 months for which satisfac-
tory data are available.
‘‘(7) In the case of applicants other than States,
the extent to which the application is consistent 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 Corporation
shall ensure that recipients of assistance provided
under section 121 are geographically diverse and in-
clude projects to be conducted in those urban and
rural areas in a State with the highest rates of pov-
erty.
‘‘(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 sec-
tion 122(a) for priority consideration in the competi-
tive distribution of funds under section 129(d)(2). In
designating national service programs to receive pri-
ority, 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 ex-
panded 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 nonprofit organizations
with a demonstrated and extensive expertise in
the provision of services to meet human, edu-
cational, environmental, or public safety needs;
and
‘‘(F) professional corps programs described
in section 122(a)(8).
‘‘(e) EMPHASIS ON AREAS MOST IN NEED.—In mak-
ing assistance available under section 121 and in providing
approved national service positions under section 123, the
Corporation shall ensure that not less than 50 percent of
the total amount of assistance to be distributed to States
under subsections (a) and (d)(1) of section 129 for a fiscal
year are provided to carry out or support national service
programs and projects that—
‘‘(1) are conducted in areas of economic distress
described in subsection (c)(6) or on Federal or other
public lands to address unmet human, educational,
environmental, or public safety needs in such areas;
and
‘‘(2) place a priority on the recruitment of par-
ticipants who are residents of areas of economic dis-
tress described in subsection (c)(6) or Federal or other
public lands.
‘‘(f) 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 Corporation
shall provide technical assistance to the State Com-
mission as part of the resubmission process. The Cor-
poration shall promptly reconsider an application re-
submitted 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 paragraph (4) of such
subsection.
‘‘SEC. 134. EVALUATION OF SUCCESS OF INVESTMENT IN
NATIONAL SERVICE.
‘‘(a) EVALUATION REQUIRED.—Not later than two
years after the date of the enactment of this section, the Cor-
poration shall arrange for the independent evaluation of the
operation of this subtitle to determine the levels of partici-
pation of economically disadvantaged individuals in na-
tional service programs carried out or supported using as-
sistance provided under section 121.
‘‘(b) PERIOD COVERED BY EVALUATION.—The evalua-
tion required by this section shall cover the two-year period
beginning on the date the Corporation first makes a grant
under section 121.
‘‘(c) INCOME LEVELS OF PARTICIPANTS.—The evaluat-
ing entity shall determine the total income of each partici-
pant who serves, during the period covered by the evalua-
tion, in a national service program carried out or sup-
ported using assistance provided under section 121 or in
an approved national service position. The total income of
a participant shall be determined as of the date the partici-
pant was first selected to participate and shall include fam-
ily total income unless the evaluating entity determines that
the participant was independent at the time of selection.
‘‘(d) ASSISTANCE FOR DISTRESSED AREAS.—The eval-
uating entity shall also determine the amount of assistance
provided under section 121 during the period covered by
the report that has been expended for projects conducted in
areas of economic distress described in section 133(c)(6).
‘‘(e) REPORT.—The evaluating entity shall submit a
report containing the results of the evaluation to the Presi-
dent, the Congress, the Corporation, and each State Com-
mission.
‘‘(f) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘total income’ has the meaning
given that term in subsection (a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1087vv).
‘‘(2) The term ‘independent’ has the meaning
given that term in subsection (d) of such section.
‘‘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 serv-
ice specified in section 139 to be performed before,
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, agrees to obtain a high school diploma or
its equivalent (unless this requirement is waived
based on an individual education assessment con-
ducted by the program) and the individual did not
drop out of an elementary or secondary school to en-
roll in the program, or is enrolled in an institution
of higher education on an ability to benefit basis and
is considered eligible for funds under section 484 of
the Higher Education Act of 1965 (20 U.S.C. 1091);
and
‘‘(6) is a citizen or national of the United States
or lawful permanent resident alien of the United
States.
‘‘(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, inclusive,
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 selec-
tion of an individual to serve in a national service program
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 non-
profit organization, institution of higher education, Federal
agency, or other entity to which the assistance and ap-
proved national service positions are provided.
‘‘(b) NONDISCRIMINATION AND NONPOLITICAL SELEC-
TION OF PARTICIPANTS.—The recruitment and selection 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 requirements
of section 175.
‘‘(c) SECOND TERM.—Acceptance into a national serv-
ice program to serve a second term of service under section
139 shall only be available to individuals who perform sat-
isfactorily in their first term of service.
‘‘(d) RECRUITMENT AND PLACEMENT.—The Corpora-
tion and each State Commission shall establish a system
to recruit individuals who desire to perform national serv-
ice and to assist the placement of these individuals in ap-
proved national service positions, including positions avail-
able under titles I and II of the Domestic Volunteer Service
Act of 1973 (42 U.S.C. 4951 et seq.). The Corporation and
State Commissions shall disseminate information regarding
available approved national service positions through co-
operation with secondary schools, institutions of higher edu-
cation, employment service offices, vocational rehabilitation
agencies and other State offices that serve primarily people
with disabilities, and other appropriate entities, particu-
larly those organizations that provide outreach to disadvan-
taged youths and youths with disabilities.
‘‘(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 leadership
ability. The leadership training shall be provided by
the Corporation directly or through a grant or con-
tract.
‘‘(2) EMPHASIS ON CERTAIN INDIVIDUALS.—In
selecting individuals to receive leadership training
under this subsection, the Corporation shall make spe-
cial efforts to select individuals who have served in
the Peace Corps, as VISTA volunteers, as participants
in a program under title II of the Domestic Volunteer
Service Act of 1973 (42 U.S.C. 5000 et seq.), or as
participants in national service programs receiving
assistance under section 121, or who are honorably
discharged members of the Armed Forces of the Unit-
ed States.
‘‘(3) ASSIGNMENT.—At the request of a program
that receives assistance under the national service
laws, the Corporation may assign an individual who
receives leadership training under paragraph (1) to
work with the program in a leadership position and
carry out assignments not otherwise performed by
regular participants. An individual assigned to a
program shall be considered to be a participant of the
program.
‘‘(f) EVALUATION OF SERVICE.—The Chairperson shall
issue regulations regarding the manner and criteria by
which the service of a participant shall be evaluated to de-
termine whether the service is satisfactory and successful
for purposes of eligibility for a second term of service or
a national service educational award.
‘‘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
position shall agree to participate in the program
sponsoring the position for not less than 1,700 hours
during a period of—
‘‘(A) not less than 1 year and not more
than 2 years; or
‘‘(B) not less than 1 year and not more
than 3 years if the individual is enrolled in an
institute of higher education while preforming
all or a portion of the service.
‘‘(3) REDUCTION IN HOURS OF PART-TIME SERV-
ICE.—The Corporation may reduce the number of
hours required to be served to successfully complete
part-time national service to a level determined by
the Corporation, except that any reduction in the re-
quired term of service shall include a corresponding
reduction in the amount of any national service edu-
cational award that may be available under subtitle
D with regard to that service.
‘‘(c) RELEASE FROM COMPLETING TERM OF SERV-
ICE.—
‘‘(1) RELEASE AUTHORIZED.—A recipient of as-
sistance under section 121 or a program sponsoring
an approved national service position may release 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 FOR COMPELLING CIR-
CUMSTANCES.—If a participant eligible for release
under paragraph (1)(A) is serving in an approved
national service position, the recipient of assistance
under section 121 or a program sponsoring an ap-
proved national service position may elect—
‘‘(A) to grant such release and provide to
the participant that portion of the national serv-
ice educational award corresponding to the por-
tion of the term of service actually completed, as
provided in section 147(b); or
‘‘(B) to permit the participant to tempo-
rarily suspend performance of the term of service
for a period of up to 2 years (and such addi-
tional period as the Corporation may allow for
extenuating circumstances) and, upon comple-
tion of such period, to allow return to the pro-
gram with which the individual was serving in
order to complete the remainder of the term of
service and obtain the entire national service
educational award.
‘‘(3) EFFECT OF RELEASE FOR CAUSE.—A par-
ticipant released for cause may not receive any por-
tion of the national service educational award.
‘‘SEC. 140. LIVING ALLOWANCES FOR NATIONAL SERVICE
PARTICIPANTS.
‘‘(a) PROVISION OF LIVING ALLOWANCE.—
‘‘(1) LIVING ALLOWANCE REQUIRED.—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 an amount equal or greater than the av-
erage annual subsistence allowance provided to
VISTA volunteers under section 105 of the Domestic
Volunteer Service Act of 1973 (42 U.S.C. 4955).
‘‘(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 85 percent of the total
average annual provided to VISTA volunteers under
section 105 of the Domestic Volunteer Service Act of
1973 (42 U.S.C. 4955).
‘‘(3) MAXIMUM LIVING ALLOWANCE.—Except as
provided in subsection (c), the total amount of an an-
nual living allowance that may be provided to a par-
ticipant in a national service program shall not ex-
ceed 200 percent of the average annual subsistence al-
lowance 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) WAIVER OR REDUCTION OF LIVING ALLOW-
ANCE.—The Corporation may waive or reduce the re-
quirement of paragraph (1) with respect to such na-
tional service program if it is demonstrated that to
provide the living allowance required by such para-
graph would cause undue hardship to such program.
‘‘(6) EVALUATION OF LIVING ALLOWANCE.—Not
later than 2 years after the effective date of this sub-
section, the Corporation shall arrange for an inde-
pendent evaluation to determine the levels of living
allowances paid in all programs under this subtitle,
individually, by State, and by region. Such evalua-
tion shall determine the effects that such living allow-
ances have had on the ability of individuals to par-
ticipate in such programs.
‘‘(b) COVERAGE OF CERTAIN EMPLOYMENT-RELATED
TAXES.—To the extent a national service program that re-
ceives assistance under section 121 is subject, with respect
to the participants in the program, to the taxes imposed
on an employer under sections 3111 and 3301 of the Inter-
nal Revenue Code of 1986 (26 U.S.C. 3111, 3301) and taxes
imposed on an employer under a workmen’s compensation
act, the assistance provided to the program under section
121 shall include an amount sufficient 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 ALLOWANCE
FOR CERTAIN ASSISTANCE.—A professional corps program
described in section 122(a)(8) that desires to provide or ar-
range for a living allowance in excess of the maximum al-
lowance 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 assistance
only by submitting an application to the Corporation
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.—
‘‘(1) IN GENERAL.—A State or other recipient of
assistance under section 121 shall provide a basic
health care policy for each full-time participant in a
national service program carried out or supported
using the assistance if the participant is not other-
wise 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 minimum standards that
all plans must meet in order to qualify for payment
under this part, any circumstances in which an alter-
native health care policy may be substituted for the
basic health care policy, and mechanisms to prohibit
participants from dropping existing coverage.
‘‘(2) NEUTRALITY.—Section 909 of the Edu-
cation Amendments of 1972 (20 U.S.C. 1688) shall
apply with respect to the minimum health care stand-
ards established by the Corporation under paragraph
(1) and the basic health care policy to be provided to
full-time participants under such section. These
standards shall not apply to a recipient of assistance
under section 121 or any national service program
carried out or supported using the assistance if the re-
cipient or program is controlled by a religious orga-
nization and application of the standards would not
be consistent with the religious tenets of the organiza-
tion.
‘‘(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 par-
ticipate in the program.
‘‘(2) GUIDELINES.—The Corporation shall estab-
lish guidelines regarding the circumstances under
which child care must be made available under this
subsection and the value of any allowance to be pro-
vided.
‘‘(f) INDIVIDUALIZED SUPPORT SERVICES.—A State or
other recipient of assistance under section 121 shall provide
auxiliary aids and services based on the individualized need
of a participant who is a qualified individual with a dis-
ability.
‘‘(g) 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 re-
spect to a particular national service program in any fiscal
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 sub-
title D if the participant—
‘‘(1) serves in an approved national service posi-
tion; 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).’’.
(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—
(1) by striking the items relating to subtitle C of
title I of such Act and inserting 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.
‘‘Sec. 134. Evaluation of success of investment in national service.
‘‘PART III—NATIONAL SERVICE PARTICIPANTS
‘‘Sec. 137. Description of participants.
‘‘Sec. 138. Selection of national service participants.
‘‘Sec. 139. Terms of service.
‘‘Sec. 140. Living allowances for national service participants.
‘‘Sec. 141. National service educational awards.’’;
and
(2) by inserting after the item relating to section
195O the following new items:
‘‘Subtitle I—American Conservation and Youth Corps
‘‘Sec. 199. Short title.
‘‘Sec. 199A. General authority.
‘‘Sec. 199B. Allocation of funds.
‘‘Sec. 199C. State application.
‘‘Sec. 199D. Focus of programs.
‘‘Sec. 199E. Related programs.
‘‘Sec. 199F. Public lands or Indian lands.
‘‘Sec. 199G. Training and education services.
‘‘Sec. 199H. Amount of award; matching requirement.
‘‘Sec. 199I. Preference for certain projects.
‘‘Sec. 199J. Age and citizenship criteria for enrollment.
‘‘Sec. 199K. Use of volunteers.
‘‘Sec. 199L. Post-service benefits.
‘‘Sec. 199M. Living allowance.
‘‘Sec. 199N. Joint programs.
‘‘Sec. 199O. Federal and State employee status.’’.
(d) LIVING ALLOWANCE UNDER SUBTITLE I.—Section
199M(a) of the National and Community Service Act of
1990 (former section 133(a) of such Act as redesignated in
subsection (a)(3) of this section) (42 U.S.C. 12553(a)) is
amended by striking paragraphs (1) and (2) and inserting
the following new paragraphs:
‘‘(1) LIVING ALLOWANCE REQUIRED.—Subject to
paragraph (3), each participant in a full-time youth
corps program that receives assistance under this sub-
title shall receive a living allowance in an amount
equal or greater than the average annual subsistence
allowance provided to VISTA volunteers under section
105 of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 4955).
‘‘(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 this subtitle, section 121, and
any other Federal funds shall not exceed 85 percent
of the total average annual subsistence allowance pro-
vided to VISTA volunteers under section 105 of the
Domestic Volunteer Service Act of 1973 (42 U.S.C.
4955).
‘‘(3) MAXIMUM LIVING ALLOWANCE.—The total
amount of an annual living allowance that may be
provided to a participant in a full-time youth corps
program that receives assistance under this subtitle
shall not exceed 200 percent of the average annual
subsistence allowance provided to VISTA volunteers
under section 105 of the Domestic Volunteer Service
Act of 1973 (42 U.S.C. 4955).
‘‘(4) WAIVER OR REDUCTION OF LIVING ALLOW-
ANCE.—The Corporation may waive or reduce the re-
quirement of paragraph (1) with respect to such na-
tional service program if it is demonstrated that to
provide the living allowance required by such para-
graph would cause undue hardship to such program.
‘‘(5) EVALUATION OF LIVING ALLOWANCE.—Not
later than 2 years after the effective date of this sub-
section, the Corporation shall arrange for an inde-
pendent evaluation to determine the levels of living
allowances paid in all programs under this subtitle,
individually, by State, and by region. Such evalua-
tion shall determine the effects that such living allow-
ances have had on the ability of individuals to par-
ticipate in such programs.’’.
(e) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) REFERENCES.—Subtitle I of title I of the
National and Community Service Act of 1990 (as so
redesignated by subsection (a)(1) of this section) is
amended by striking ‘‘Commission’’ each place it ap-
pears in sections 199A, 199B, 199C, 199D, 199F,
199H, 199I, 199M, and 199N (as redesignated in sub-
section (a)(3) of this section) and inserting ‘‘Corpora-
tion’’.
(2) GENERAL AUTHORITY.—Section 199A of such
Act (as redesignated in subsection (a)(3) of this sec-
tion) (42 U.S.C. 12541) is amended—
(A) by striking ‘‘under section 102’’; and
(B) by striking ‘‘, to the Secretary of the In-
terior, or to the Director of ACTION’’ and in-
serting ‘‘or to the Secretary of the Interior’’.
(3) ALLOCATION.—Section 199B of such Act (as
redesignated in subsection (a)(3) of this section) (42
U.S.C. 12542) is amended by striking ‘‘section 123’’
each place it appears and inserting ‘‘section 199C’’.
(4) STATE
APPLICATION.—Section 199C(a) of
such Act (as redesignated in subsection (a)(3) of this
section) (42 U.S.C. 12543(a)) is amended by striking
‘‘section 122(b)’’ and inserting ‘‘section 199B(b)’’.
(5) PUBLIC LANDS.—Section 199F(b) of such Act
(as redesignated in subsection (a)(3) of this section)
(42 U.S.C. 12546(b)) is amended by striking ‘‘section
123’’ and inserting ‘‘section 199C’’.
(6) PREFERENCE.—Section 199I(a) of such Act
(as redesignated in subsection (a)(3) of this section)
(42 U.S.C. 12549) is amended by striking ‘‘section
123’’ and inserting ‘‘section 199C’’.
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 Commu-
nity Service Act of 1990 (42 U.S.C. 12571 et seq.) is amend-
ed to read as follows:
‘‘Subtitle D—National Service Trust
and Provision of National Serv-
ice 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 subtitle
pursuant to section 501(a)(2), 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 section
148(e);
‘‘(2) any amounts received by the Corporation as
gifts, bequests, devise, or otherwise pursuant to section
196(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, bequest, devise,
or other donation and agreed to by the Corporation, such
investments may be made only in interest-bearing obliga-
tions 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 acquired (1) on origi-
nal issue at the issue price, or (2) by purchase of outstand-
ing 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.—Not later than March 1 of each year, the
Corporation shall submit a report to the Congress on the
financial status of the Trust during the preceding fiscal
year. 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 quali-
fied, 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 approved
national service positions which the Corporation 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 edu-
cational awards to individuals identified under para-
graph (2), including any amounts available as a re-
sult 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 re-
ceive 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 na-
tional service position;
‘‘(2) was 17 years of age or older at the time the
individual began serving in the approved national
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 individual
uses the national service educational award, unless
this requirement has been waived based on an indi-
vidual education assessment conducted by the pro-
gram; and
‘‘(4) is a citizen or national of the United States
or lawful permanent resident alien of the United
States.
‘‘(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 SERVICE
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 re-
ceive a national service educational award from the Na-
tional 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 extend
the period within which an individual may use a na-
tional service educational award if the Corporation
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.
‘‘(e) SUSPENSION OF ELIGIBILITY FOR DRUG-RELAT-
ED OFFENSES.—
‘‘(1) IN
GENERAL.—An individual who, after
qualifying under this section as an eligible individ-
ual, has been convicted under any Federal or State
law of the possession or sale of a controlled substance
shall not be eligible to receive a national service edu-
cational award during the period beginning on the
date of such conviction and ending after the interval
specified in the following table:
‘‘If convicted of:
The possession of a controlled substance:
Ineligibility period is:
1st conviction ....................................................
1 year
2nd conviction ..................................................
2 years
3rd conviction ...................................................
indefinite
The sale of a controlled substance:
1st conviction ....................................................
2 years
2nd conviction ..................................................
indefinite
‘‘(2) REHABILITATION.—An individual whose
eligibility has been suspended under paragraph (1)
shall resume eligibility before the end of the period de-
termined under such paragraph if the individual sat-
isfactorily completes a drug rehabilitation program
that complies with such criteria as the Corporation
shall prescribe for purposes of this paragraph.
‘‘(3) FIRST CONVICTIONS.—An individual whose
eligibility has been suspended under paragraph (1)
and is convicted of his or her first offense may resume
eligibility before the end of the period determined
under such paragraph if the student demonstrates
that he or she has enrolled or been accepted for enroll-
ment in a drug rehabilitation program that complies
with such criteria as the Corporation shall prescribe
for purposes of this subsection.
‘‘(4) DEFINITIONS.—As used in this subsection,
the term ‘controlled substance’ has the meaning given
in section 102(6) of the Controlled Substances Act (21
U.S.C. 802(6)).
‘‘(5) EFFECTIVE DATE.—This subsection shall be
effective upon publication by the Corporation in the
Federal Register of criteria prescribed under para-
graph (2) of this subsection.
‘‘(f) AUTHORITY
TO
ESTABLISH
DEMONSTRATION
PROGRAMS.—The Corporation may establish by regulation
demonstration programs for the creation and evaluation of
innovative volunteer and community service programs.
‘‘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 national
service educational award having a value equal to $5,000
for each of not more than 2 of such terms of service.
‘‘(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 individ-
ual 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 accordance
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 INDIVIDUALS.—
An eligible individual under section 146 who desires
to apply his or her national service educational
award to the repayment of qualified student loans
shall submit, in a manner prescribed by the Corpora-
tion, 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;
‘‘(C) specifies, if the outstanding balance is
greater than the amount disbursed under para-
graph (2), which of the loans the individual pre-
fers to be paid by the Corporation; and
‘‘(D) 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 con-
sistent 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 payable
to the holder of the loan and requires the endorsement
or other certification by the eligible individual.
‘‘(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 be applied ac-
cording to the specified priorities of the individual.
‘‘(4) REPORTS BY HOLDERS.—Any holder receiv-
ing a loan payment pursuant to this subsection shall
submit to the Corporation such information as the
Corporation may require to verify that such payment
was applied in accordance with this subsection and
any regulations prescribed to carry out this sub-
section.
‘‘(5) NOTIFICATION
OF
INDIVIDUAL.—The Cor-
poration upon disbursing the national service edu-
cational award, shall notify the individual of the
amount paid for each outstanding loan and the date
of payment.
‘‘(6) AUTHORITY TO AGGREGATE PAYMENTS.—
The Corporation may, by regulation, provide for the
aggregation of payments to holders under this sub-
section.
‘‘(7) 
DEFINITION
OF
QUALIFIED
STUDENT
LOANS.—As used in this subsection, the term ‘quali-
fied student loans’ means—
‘‘(A) any loan made, insured, or guaranteed
pursuant to title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070 et seq.), other than a
loan to a parent of a student pursuant 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.).
‘‘(8) DEFINITION OF HOLDER.—As used in this
subsection, the term ‘holder’ with respect to any eligi-
ble 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 bor-
rower, such other person.
‘‘(c) USE OF EDUCATIONAL AWARDS TO PAY CURRENT
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 full-time or part-
time educational expenses shall, on a form prescribed
by the Corporation, submit an application to the in-
stitution of higher education in which the student will
be enrolled that contains such information as the Cor-
poration may require to verify the individual’s eligi-
bility.
‘‘(2) SUBMISSION OF REQUESTS FOR PAYMENT
BY INSTITUTIONS.—An institution of higher education
that receives one or more applications that comply
with paragraph (1) shall submit to the Corporation
a statement, in a manner prescribed by the Corpora-
tion, 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 partici-
pation agreement under section 487 of the High-
er 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 fi-
nancial 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 cer-
tification by the eligible individual.
‘‘(4) MULTIPLE
DISBURSEMENTS
REQUIRED.—
The total amount required to be disbursed to an insti-
tution 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, except as nec-
essary to permit the second installment to be paid at
the beginning of the second semester, quarter, or simi-
lar division of such period of enrollment.
‘‘(5) REFUND RULES.—The Corporation shall, by
regulation, provide for the refund to the Corporation
(and the crediting to the national service educational
award of an eligible individual) of amounts disbursed
to institutions for the benefit of eligible individuals
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 pur-
suant 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 eligi-
ble individual’s total available national service edu-
cational award that may be disbursed under this sub-
section for any period of enrollment shall not exceed
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 Edu-
cation 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 bene-
fits, 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 na-
tional service educational awards to permit eligible individ-
uals 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 shall provide by reg-
ulation for the payment on behalf of an eligible individual
of interest that accrues during a period for which such indi-
vidual 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 re-
quired term of service (as determined under section 146(b)).
Such regulations shall be prescribed after consultation with
the Secretary of Education.
‘‘(f) EXCEPTION.—With the approval of the Director,
an approved national service program funded under section
121, may offer participants the option of waiving their
right to receive a National Service Education Award in
order to receive an alternative post-service benefit funded
by the program entirely with non-Federal funds.
‘‘(g) DEFINITION OF INSTITUTION OF HIGHER EDU-
CATION.—Notwithstanding section 101 of this Act, for pur-
poses of this section the term ‘institution of higher edu-
cation’ 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 inserting
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 STAF-
FORD LOANS.—Section 428 of the Higher Education
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 request,
a lender shall grant a borrower forbearance on
such terms as are otherwise consistent with the
regulations of the Secretary, during periods in
which the borrower is serving in a national serv-
ice position, for which he or she receives a na-
tional service educational award under the Na-
tional 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 receives
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 ‘‘subsection
(b)(1) (V) and (W)’’.
(3) ELIGIBILITY FOR STAFFORD LOAN FORGIVE-
NESS.—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 ‘‘Octo-
ber 1, 1989’’; and
(B) in subsection (c), by adding at the end
the following new paragraph:
‘‘(5) INELIGIBILITY OF NATIONAL SERVICE EDU-
CATIONAL 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.).’’.
(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 adding
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.—Sec-
tion 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 determining
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 established
under part I of subtitle B of the National and Com-
munity Service Act of 1990, and to enable the Cor-
poration for National Service, and the entities receiv-
ing 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 cre-
ate 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 oppor-
tunities into classroom teaching to strengthen
academic learning;
(C) coordinate the work of adult volunteers
who work with elementary and secondary schools
as part of their community service activities;
and
(D) work with employers in the commu-
nities to ensure that projects introduce the stu-
dents to various careers and expose the students
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 sub-
title 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 (acting through their
State educational agency) 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 pro-
grams, including—
‘‘(A) providing training for teachers, super-
visors, personnel from community-based agencies
(particularly with regard to the utilization of
participants), and trainers, to be conducted by
qualified individuals or organizations that have
experience with service-learning;
‘‘(B) developing service-learning curricula
to be integrated into academic programs, includ-
ing the age-appropriate learning component de-
scribed 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 dis-
semination of information to ensure the broadest
possible involvement of community-based agen-
cies with demonstrated effectiveness in working
with school-age youth in their communities;
‘‘(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
nonprofit organization that—
‘‘(I) has a demonstrated and ex-
tensive expertise in the provision of
services to meet unmet human, edu-
cational, environmental, or public safe-
ty needs;
‘‘(II) was in existence at least 1
year before the date on which the orga-
nization applies to participate in the
partnership; and
‘‘(III) will make projects available
for participants, who shall be students;
and
‘‘(ii) may include a private for-profit
business or private elementary or secondary
school;
‘‘(3) planning of school-based service-learning
programs through State distribution of Federal funds
made available under this subpart to local edu-
cational agencies, which planning may include pay-
ing 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 nonprofit organi-
zations;
‘‘(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 COORDINATOR.—
A service-learning coordinator referred to in paragraph (2)
or (3) of subsection (a) shall provide services to a local edu-
cational agency by—
‘‘(1) expanding the awareness of teachers of the
potential of service-learning in strengthening the edu-
cational 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 exe-
cution of service-learning projects;
‘‘(4) recruiting and supervising adult volunteers,
or individuals who are participants in a program
under subtitle C or receive a national service edu-
cational award under subtitle D, to expand service-
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 ap-
propriate, 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 admin-
istration, 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 Cor-
poration 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 described
in such paragraph,
that is located in the State.
‘‘SEC. 111B. AUTHORITY TO ASSIST PUBLIC OR PRIVATE
NONPROFIT ORGANIZATIONS.
‘‘(a) IN
GENERAL.—The Corporation may make
grants under section 112(b)(1) to public and private non-
profit organizations that—
‘‘(1) have experience with service-learning;
‘‘(2) were in existence 1 year before the date on
which the organization submitted an application
under section 114(a); and
‘‘(3) meet such other criteria as the Chairperson
may establish.
‘‘(b) USE OF FUNDS.—Such organizations may use
grants 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-learn-
ing programs as described in such section and provide tech-
nical 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 fis-
cal year, the Corporation shall reserve an amount of not
more than 1 percent for payments to Indian tribes, the Vir-
gin Islands of the United States, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands,
to be allotted in accordance with their respective needs. The
Corporation may also make payments from such amount
100
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 appro-
priated to carry out this subpart for any fiscal year as fol-
lows:
‘‘(1) GRANTS.—Except as provided in paragraph
(3), from 25 percent of such funds, the Corporation
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
101
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 chap-
ter 1 of title I of the Elementary 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 receive,
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 allotments.
‘‘(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
102
the allotment under section 113 that meets the requirements
of such section and such other requirements as the Chair-
person may determine to be appropriate, the Corporation
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 reallotment to
such other States, and Indian tribes, with approved appli-
cations 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 Fed-
eral 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 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.
103
‘‘(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-
104
grams meet the goals described in subpara-
graph (A);
‘‘(iii) in reviewing applications sub-
mitted under section 114(c), the applicant
has ranked the applications according to the
criteria described in section 115(b), has con-
sidered 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 Na-
tional 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 author-
ized under Federal law;
105
‘‘(v) the applicant will disseminate in-
formation, conduct outreach, and take other
measures, to encourage cooperative efforts
among the local educational agencies, local
government 
agencies, 
community-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 participa-
tion of urban, suburban, and rural students
working together;
‘‘(vi) the applicant will promote ap-
propriate projects in such programs for eco-
nomically disadvantaged students, students
with limited basic skills, students in foster
care who are becoming too old for foster
care, students of limited English pro-
ficiency, homeless students, and students
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 as-
106
sisted education specialists in the State
or serving the Indian tribe, and local
recipients of grants under this subpart,
to raise the awareness of service-learn-
ing among such personnel, specialists,
and recipients; and
‘‘(II) by qualified and experienced
individuals employed by the State or
Indian tribe or through grants or con-
tracts with such individuals;
‘‘(viii) a service-learning network will
be established for the State or Indian tribe,
comprised of expert teachers and adminis-
trators who have carried out successful serv-
ice-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 students
through the programs proposed by the ap-
plicant;
‘‘(2) assurances that—
‘‘(A) the applicant will keep such records
and provide such information to the Corporation
107
with respect to the programs as may be required
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-
108
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 described
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 sub-
mitted at such time and in such manner, and shall contain
such information, as the Chairperson may reasonably re-
quire.
‘‘(c) APPLICATION TO STATE OR INDIAN TRIBE TO RE-
CEIVE ASSISTANCE TO CARRY OUT SCHOOL-BASED SERV-
ICE-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
109
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 re-
spect to a service-learning program described in section 111
shall, at a minimum, contain a proposal that includes—
‘‘(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, teachers,
administrators, representatives of agencies that serve
school-age youth or older adults, school board mem-
110
bers, representatives of local labor organizations, and
representatives of business, that will provide 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 provided
under the program, and evidence that partici-
pants will make a sustained commitment to serv-
ice 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, serv-
ice sponsors, and participants in the program;
‘‘(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 as-
sistance received under this subpart for the pro-
gram has ended;
‘‘(3) information that shall include—
111
‘‘(A) a disclosure of whether or not the par-
ticipants will receive academic credit for partici-
pation 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 participants
in the program who are economically disadvan-
taged, including participants with disabilities;
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 pro-
gram 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 engaged
112
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 em-
ployees;
‘‘(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 ap-
plications for financial assistance under subsection (a), (b),
(c), or (d) of section 112, the Corporation shall consider
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 educational agency,
Indian tribe, or grantmaking entity shall consider such cri-
teria.
‘‘(b) PRIORITY FOR LOCAL APPLICATIONS.—
113
‘‘(1) IN
GENERAL.—In providing assistance
under this subpart, a State educational agency or In-
dian 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 pri-
vate elementary or secondary schools, serv-
ing 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 section
112, the Corporation shall promptly notify the State of the
114
reasons for the rejection of the application. The Corporation
shall provide the State with a reasonable opportunity to
revise and resubmit the application and shall provide tech-
nical assistance, if needed, to the State as part of the resub-
mission 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 nonprofit elementary and secondary
schools, such State, Indian tribe, or agency shall (after con-
sultation with appropriate private school representatives)
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 objectives and
provide the benefits described in this subpart; and
‘‘(2) for the training of the teachers of such stu-
dents so as to allow for the equitable participation of
such teachers in the programs implemented to carry
out the objectives and provide the benefits described in
this subpart.
115
‘‘(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 nonprofit
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 arrange for the pro-
vision of services to such students and teachers. Such waiv-
ers shall be subject to consultation, withholding, notice, and
judicial review requirements in accordance with para-
graphs (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 pro-
gram for the first year for which the program re-
ceives assistance under this subpart;
‘‘(B) 80 percent of the total cost of the pro-
gram for the second year for which the program
receives assistance under this subpart;
116
‘‘(C) 70 percent of the total cost of the pro-
gram for the third year for which the program
receives assistance under this subpart; and
‘‘(D) 50 percent of the total cost of the pro-
gram for the fourth year, and for any subsequent
year, for which the program receives assistance
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, in-
cluding 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.
117
‘‘SEC. 116A. LIMITATIONS ON USES OF FUNDS.
‘‘(a) ADMINISTRATIVE COSTS.—
‘‘(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 administrative
costs incurred by—
‘‘(A) the original recipient; or
‘‘(B) the entity carrying out the service-
learning programs supported with the assistance.
‘‘(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 available
to cover administrative costs should be distrib-
uted 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 agency or In-
118
dian tribe that is the original recipient of a grant or allot-
ment under subsection (a), (b), (c), or (d) of section 112
for a fiscal year may be used to build capacity through
training, technical assistance, curriculum development, 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-pock-
et expenses directly related to participation in a program
assisted under this subpart.
‘‘SEC. 116B. DEFINITIONS.
‘‘As used in this subpart:
‘‘(1) 
GRANTMAKING
ENTITY.—The 
term
‘grantmaking entity’ means an organization described
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.
119
‘‘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 applica-
tion.
‘‘(3) 
QUALIFIED
ORGANIZATION.—The 
term
‘qualified organization’ means a public or private
nonprofit organization with experience working with
school-age youth that meets such criteria as the Chair-
person 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 entities,
and qualified organizations to pay for the Federal share
120
of the implementation, operation, expansion, or replication
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.
121
‘‘(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 Corpora-
tion, and obtain approval of, an application that proposes
a community-based service program to be carried out
through grants made to qualified organizations. Such ap-
plication shall be submitted at such time and in such man-
ner, 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 under
122
section 117A(a) to implement, operate, expand, or replicate
a community service program, a qualified organization
shall prepare, submit to the Corporation, and obtain ap-
proval of, an application that proposes a community-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 information, 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 eli-
gible 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 manner,
and shall contain such information, as the Commission 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 serv-
ice program proposed to be implemented, operated,
123
expanded, or replicated directly by the applicant
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 community-
based service program that describes the manner 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;
124
‘‘(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 toward
the goals of the program; and
‘‘(I) organize participants in the program
into teams, if appropriate, with team leaders
who may be participants in a program under
subtitle C or individuals who receive a national
service educational 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 require-
ments of section 176(f).
‘‘SEC. 117D. CONSIDERATION OF APPLICATIONS.
‘‘(a) APPLICATION
OF CRITERIA.—The Corporation
shall apply the criteria described in subsection (b) in deter-
mining whether to approve an application submitted under
section 117B or under subsection (a) or (b) of section 117C
and to provide assistance under section 117A to the appli-
cant on the basis of the application.
125
‘‘(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 Commis-
sion or grantmaking entity shall apply the criteria de-
scribed in subsection (b) in determining whether to approve
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).
126
‘‘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 assistance.
‘‘(b) RULES ON USE.—The Chairperson may by rule
prescribe the manner and extent to which—
‘‘(1) such assistance may be used to cover admin-
istrative 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
subtitle H, to agencies described in subsection (b) to estab-
127
lish 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 NONPROFIT AGENCIES.—
Public and private nonprofit agencies that have extensive
experience with service-learning, including use of adult vol-
unteers 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);
‘‘(4) facilitate communication among entities
carrying out service-learning programs and partici-
pants in such programs;
128
‘‘(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) provide information regarding methods to
make service-learning programs accessible to individ-
uals with disabilities;
‘‘(7)(A) gather and disseminate information on
successful service-learning programs, components of
such successful programs, innovative youth skills cur-
ricula 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;
‘‘(8) make recommendations to State and local
entities on quality controls to improve the quality of
service-learning programs;
‘‘(9) assist organizations in recruiting, screening,
and placing service-learning coordinators; and
‘‘(10) 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 Service
129
Act of 1990 (42 U.S.C. 12531 et seq.) is amended by strik-
ing 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 con-
sultation with the Secretary of Education, is authorized to
make grants to, and enter into contracts with, institutions
of higher education (including a combination of such insti-
tutions), and partnerships comprised of such institutions
and of other public agencies or nonprofit private organiza-
tions, 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—
‘‘(A) engenders a sense of social responsibil-
ity and commitment to the community in which
the institution is located; and
130
‘‘(B) provides projects for participants, who
shall be students, faculty, administration, or
staff of the institution, or residents of the com-
munity;
‘‘(2) supporting student-initiated and student-de-
signed community service projects through the pro-
gram;
‘‘(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 serv-
ice through the community service program;
‘‘(5) strengthening the service infrastructure
within institutions of higher education in the United
States through the program; and
‘‘(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.
131
‘‘(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 prepare,
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—
‘‘(A) such information as the Chairperson
may reasonably require, such as a description
of—
132
‘‘(i) the proposed program to be estab-
lished with assistance provided under the
grant or contract;
‘‘(ii) the human, educational, environ-
mental, or public safety service that partici-
pants 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 service
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 learn-
ing 
component 
described 
in 
section
114(d)(5)(B);
‘‘(vi) the roles played by students and
community members, including service re-
cipients, in the design and implementation
of the program; and
‘‘(vii) the budget for the program;
‘‘(B) assurances that—
133
‘‘(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 pro-
cedure 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 enter-
ing into contracts under subsection (b), the Corpora-
tion shall give priority to applicants that submit ap-
plications containing proposals that—
‘‘(A) demonstrate the commitment of the in-
stitution of higher education, other than by dem-
onstrating the commitment of the students, to
supporting the community service projects car-
ried out under the program;
134
‘‘(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 nonprofit entity that serves or
involves school-age youth or older adults;
and
‘‘(iii) a student organization;
‘‘(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
135
‘‘(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 ap-
plicants 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 applica-
tion 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 described
in subtitle D, if the participant served in an approved na-
tional 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.
‘‘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 aggregate
amount shall be available to carry out part I, of
which—
136
‘‘(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 aggregate
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 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.
‘‘Sec. 111A. Authority to assist local applicants in nonparticipating States.
‘‘Sec. 111B. Authority to assist public or private nonprofit organizations.
‘‘Sec. 112. Grants and allotments.
‘‘Sec. 113. State or tribal applications.
‘‘Sec. 114. Local applications.
‘‘Sec. 115. Consideration of applications.
‘‘Sec. 115A. Participation of students and teachers from private schools.
‘‘Sec. 116. Federal, State, and local contributions.
‘‘Sec. 116A. Limitations on uses of funds.
‘‘Sec. 116B. Definitions.
‘‘SUBPART B—COMMUNITY-BASED SERVICE PROGRAMS FOR SCHOOL-AGE YOUTH
‘‘Sec. 117. Definitions.
‘‘Sec. 117A. General authority.
‘‘Sec. 117B. State applications.
‘‘Sec. 117C. Local applications.
‘‘Sec. 117D. Consideration of applications.
‘‘Sec. 117E. Federal, State, and local contributions.
‘‘Sec. 117F. Limitations on uses of funds.
‘‘SUBPART C—CLEARINGHOUSE
‘‘Sec. 118. Service-learning clearinghouse.
137
‘‘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 (42 U.S.C. 12501 et seq.) is amend-
ed—
(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 1990
is further amended by adding before subtitle I (as trans-
ferred by section 101(a) of this Act) the following new sub-
title:
138
‘‘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 en-
tities.
‘‘(b) INNOVATION AND QUALITY IMPROVEMENT.—
‘‘(1) ACTIVITIES.—The Corporation may under-
take activities to improve the quality of national serv-
ice 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 and integrating
individuals with disabilities as participants pro-
viding service; and
‘‘(E) programs sponsored by Governors.
‘‘(2) 
INTERGENERATIONAL
PROGRAM.—An
intergenerational program referred to in paragraph
(1)(C) may include a program in which older adults
139
provide services to children who participate in Head
Start programs.
‘‘(c) SUMMER PROGRAMS.—The Corporation may sup-
port service programs intended to be carried out between
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 ASSISTANCE.—
The Corporation shall provide training and technical as-
sistance to individuals, programs, local labor organizations,
State educational agencies, State commissions, local edu-
cational agencies, local governments, community-based
agencies, and other entities to enable them to apply for
funding under one of the national service laws, to conduct
high-quality programs, to evaluate such programs, and for
other purposes.
‘‘(f) NATIONAL SERVICE FELLOWSHIPS.—The Cor-
poration may award national service fellowships.
140
‘‘(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 purpose
of improving the quality of programs and projects.
‘‘(h) PEACE CORPS AND VISTA TRAINING.—The Cor-
poration may provide training assistance to selected indi-
viduals who volunteer to serve in the Peace Corps or a pro-
gram authorized under title I of the Domestic Volunteer
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 indi-
vidual 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 assistance
under the national service laws.
‘‘(j) TRAINING.—The Corporation may support na-
tional and regional participant and supervisor training,
including leadership training and training in specific types
of service and in building the ethic of civic responsibility.
141
‘‘(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 serv-
ices.
‘‘(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 sup-
port innovative programs and activities that promote serv-
ice-learning.
‘‘SEC. 198A. CLEARINGHOUSES.
‘‘(a) ASSISTANCE.—The Corporation shall provide as-
sistance to appropriate entities to establish one or more
142
clearinghouses, including the clearinghouse described in sec-
tion 118.
‘‘(b) APPLICATION.—To be eligible to receive assistance
under subsection (a), an entity shall submit an application
to the Corporation at such time, in such manner, and con-
taining 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);
‘‘(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-
143
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 cur-
riculum, 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 Chair-
person 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
awards for service to individuals providing signifi-
cant service, and to outstanding service programs.
‘‘(2) INDIVIDUALS
AND
PROGRAMS.—Notwith-
standing section 101(17)—
144
‘‘(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 authorized
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 indi-
viduals and programs receiving awards under this section
is widely disseminated.
‘‘SEC. 198C. ASSISTANCE FOR HEAD START.
‘‘Under section 198, the Corporation may make grants
to, and contracts and cooperative agreements with, public
and nonprofit private agencies and organizations that re-
ceive grants and contracts under the Foster Grandparent
Program (part B of title II of the Domestic Volunteer Serv-
ice Act of 1973), for projects of the type described in section
145
211(a) of such Act operating under memoranda of agree-
ment with the ACTION Agency, for the purpose of increas-
ing the number of low-income individuals who provide serv-
ices under such program to children who participate in
Head Start programs.’’.
(d) TABLE OF CONTENTS.—
(1) CIVILIAN COMMUNITY CORPS.—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 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 Program.
‘‘Sec. 153. National service program.
‘‘Sec. 154. Summer national service program.
‘‘Sec. 155. Civilian Community Corps.
‘‘Sec. 156. Training.
‘‘Sec. 157. Service projects.
‘‘Sec. 158. Authorized benefits for Corps members.
‘‘Sec. 159. Administrative provisions.
‘‘Sec. 160. Status of Corps members and Corps personnel under Federal law.
‘‘Sec. 161. Contract and grant authority.
‘‘Sec. 162. Responsibilities of other departments.
‘‘Sec. 163. Advisory board.
‘‘Sec. 164. Annual evaluation.
‘‘Sec. 165. Funding limitation.
‘‘Sec. 166. Definitions.’’.
(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:
146
‘‘Subtitle H—Investment for Quality and Innovation
‘‘Sec. 198. Additional corporation activities to support national service.
‘‘Sec. 198A. Clearinghouses.
‘‘Sec. 198B. Presidential awards for service.
‘‘Sec. 198C. Assistance for Head Start.’’.
(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
(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 ‘‘sub-
title 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.—
147
(A) Section 153(a) of the National and
Community Service Act of 1990 (as redesignated
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)’’.
(C) Section 155 of such Act (as redesignated
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
148
(ii) in subsection (d), by striking
‘‘195K(a)(3)’’ and inserting ‘‘162(a)(3)’’.
(E) Section 159 of such Act (as redesignated
in subsection (b)(3) of this section) (42 U.S.C.
12653h) is amended—
(i) in subsection (a)—
(I) by striking ‘‘195A’’ and insert-
ing ‘‘152’’; and
(II) by striking ‘‘195’’ and insert-
ing ‘‘151’’; and
(ii) in subsection (c)(2)(C)(i), by strik-
ing 
‘‘195K(a)(2)’’ 
and 
inserting
‘‘162(a)(2)’’.
(F) Section 161(b)(1)(B) of such Act (as re-
designated in subsection (b)(3) of this section)
(42 U.S.C. 12653j(b)(1)(B)) is amended by strik-
ing ‘‘195K(a)(3)’’ and inserting ‘‘162(a)(3)’’.
(G) Section 162(a)(2)(A) of such Act (as re-
designated in subsection (b)(3) of this section)
(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—
149
(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)’’.
(f) EXTENSION OF AUTHORITY TO CONDUCT CIVILIAN
COMMUNITY CORPS.—Section 1092(c) of the National De-
fense 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 available
for the Civilian Community Corps Demonstration Program
pursuant to this subsection shall remain available for ex-
penditure 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 amend-
ed by striking subsections (f), (g), and (h) and inserting
the following new subsections:
‘‘(f) NATIONAL SERVICE EDUCATIONAL AWARDS.—A
Corps member who successfully completes a period of agreed
150
service in the Corps may receive the national service edu-
cational award described in subtitle D if the Corps mem-
ber—
‘‘(1) serves in an approved national service posi-
tion; and
‘‘(2) satisfies the eligibility requirements speci-
fied in section 146 with respect to service in that ap-
proved national service position.
‘‘(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.’’.
SEC. 105. PUBLIC LANDS CORPS.
Public Law 91–378 (16 U.S.C. 1701–1706; commonly
known as the Youth Conservation Corps Act of 1970) is
amended—
(1) by inserting before section 1 the following:
‘‘TITLE I—YOUTH
CONSERVATION CORPS’’;
(2) by striking ‘‘Act’’ each place it appears and
inserting ‘‘title’’;
(3) by redesignating sections 1 through 6 as sec-
tions 101 through 106, respectively;
151
(4) in section 102 (as so redesignated), by insert-
ing ‘‘in this title’’ after ‘‘hereinafter’’ in subsection
(a);
(5) in section 104 (as so redesignated), by strik-
ing ‘‘section 6’’ in subsection (d) and inserting ‘‘sec-
tion 106’’; and
(6) by adding at the end the following new title:
‘‘TITLE II—PUBLIC LANDS CORPS
‘‘SEC. 201. SHORT TITLE.
‘‘This title may be cited as the ‘Public Lands Corps
Act of 1993’.
‘‘SEC. 202. CONGRESSIONAL FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—The Congress finds the following:
‘‘(1) Conserving or developing natural and cul-
tural resources and enhancing and maintaining envi-
ronmentally important lands and waters through the
use of the Nation’s young men and women in a Pub-
lic Lands Corps can benefit those men and women by
providing them with education and work opportuni-
ties, furthering their understanding and appreciation
of the natural and cultural resources, and providing
a means to pay for higher education or to repay in-
debtedness they have incurred to obtain higher edu-
cation while at the same time benefiting the Nation’s
economy and its environment.
152
‘‘(2) Many facilities and natural resources lo-
cated on eligible service lands are in disrepair or de-
graded and in need of labor intensive rehabilitation,
restoration, and enhancement work which cannot be
carried out by Federal agencies at existing personnel
levels.
‘‘(3) Youth conservation corps have established a
good record of restoring and maintaining these kinds
of facilities and resources in a cost effective and effi-
cient manner, especially when they have worked in
partnership arrangements with government land
management agencies.
‘‘(b) PURPOSE.—It is the purpose of this title to—
‘‘(1) perform, in a cost-effective manner, appro-
priate conservation projects on eligible service lands
where such projects will not be performed by existing
employees;
‘‘(2) assist governments and Indian tribes in
performing research and public education tasks asso-
ciated with natural and cultural resources on eligible
service lands;
‘‘(3) expose young men and women to public
service while furthering their understanding and ap-
preciation of the nation’s natural and cultural re-
sources;
153
‘‘(4) expand educational opportunities by re-
warding individuals who participate in national
service with an increased ability to pursue higher
education or job training; and
‘‘(5) stimulate interest among the nation’s young
men and women in conservation careers by exposing
them to conservation professionals in land managing
agencies.
‘‘SEC. 203. DEFINITIONS.
‘‘For purposes of this title:
‘‘(1) The term ‘appropriate conservation project’
means any project for the conservation, restoration,
construction or rehabilitation of natural, cultural,
historic, archaeological, recreational, or scenic re-
sources.
‘‘(2) The terms ‘Corps’ and ‘Public Lands Corps’
mean the Public Lands Corps established under sec-
tion 204.
‘‘(3) The term ‘eligible service lands’ means pub-
lic lands, Indian lands, and Hawaiian home lands.
‘‘(4) The term ‘Hawaiian home lands’ means all
lands given the status of Hawaiian home lands under
section 204 of the Hawaiian Homes Commission Act,
1920 (42 Stat. 110), or under the corresponding pro-
vision of the Constitution of the State of Hawaii
154
adopted under section 4 of the Act entitled ‘An Act
to provide for the admission of the State of Hawaii
into the Union’, approved March 18, 1959 (Public
Law 86–3; 73 Stat. 5).
‘‘(5) The term ‘Indian tribe’ means an Indian
tribe, band, nation, or other organized group or com-
munity, including any Native village, Regional Cor-
poration, or Village Corporation, as defined in sub-
section (c), (g), or (j), respectively, of section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602
(c), (g), or (j)), that is recognized as eligible for the
special programs and services provided by the United
States under Federal law to Indians because of their
status as Indians.
‘‘(6) The term ‘Indian’ means a person who is
a member of an Indian tribe.
‘‘(7) The term ‘Indian lands’ means—
‘‘(A) any Indian reservation;
‘‘(B) any public domain Indian allotments;
‘‘(C) any former Indian reservation in the
State of Oklahoma;
‘‘(D) any land held by incorporated Native
groups, regional corporations, and village cor-
porations under the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1701 et seq.); and
155
‘‘(E) any land held by dependent Indian
communities within the borders of the United
States whether within the original or subse-
quently acquired territory thereof, and whether
within or without the limits of a State.
‘‘(8) The term ‘public lands’ means any lands or
waters (or interest therein) owned or administered by
the United States, except that such term does not in-
clude any Indian lands.
‘‘(9) The term ‘qualified youth or conservation
corps’ means any program established by a State or
local government, by the governing body of any In-
dian tribe, or by a nonprofit organization that—
‘‘(A) is capable of offering meaningful, full-
time, productive work for individuals between
the ages of 16 and 25, inclusive, in a natural or
cultural resource setting;
‘‘(B) gives participants a mix of work expe-
rience, basic and life skills, education, training,
and support services; and
‘‘(C) provides participants with the oppor-
tunity to develop citizenship values and skills
through service to their community and the
United States.
156
‘‘(10) The term ‘resource assistant’ means a re-
source assistant selected under section 206.
‘‘(11) The term ‘State’ means any State of the
United States, the District of Columbia, the Common-
wealth of Puerto Rico, Guam, the Virgin Islands of
the United States, American Samoa, and the Com-
monwealth of the Northern Mariana Islands.
‘‘SEC. 204. PUBLIC LANDS CORPS PROGRAM.
‘‘(a) ESTABLISHMENT OF PUBLIC LANDS CORPS.—
There is hereby established in the Department of the Inte-
rior and the Department of Agriculture a Public Lands
Corps.
‘‘(b) PARTICIPANTS.—The Corps shall consist of indi-
viduals between the ages of 16 and 25, inclusive, who are
enrolled as participants in the Corps by the Secretary of
the Interior or the Secretary of Agriculture. To be eligible
for enrollment in the Corps, an individual shall satisfy the
criteria specified in section 137(b) of the National and
Community Service Act of 1990. The Secretaries may enroll
such individuals in the Corps without regard to the civil
service and classification laws, rules, or regulations of the
United States. The Secretaries may establish a preference
for the enrollment in the Corps of individuals who are eco-
nomically, physically, or educationally disadvantaged.
157
‘‘(c) QUALIFIED YOUTH OR CONSERVATION CORPS.—
The Secretary of the Interior and the Secretary of Agri-
culture are authorized to enter into contracts and coopera-
tive agreements with any qualified youth or conservation
corps to perform appropriate conservation projects referred
to in subsection (d).
‘‘(d) PROJECTS TO BE CARRIED OUT.—The Secretary
of the Interior and the Secretary of Agriculture may each
utilize the Corps or any qualified youth or conservation
corps to carry out appropriate conservation projects which
such Secretary is authorized to carry out under other au-
thority of law on public lands. Appropriate conservation
projects may also be carried out under this title on Indian
lands with the approval of the Indian tribe involved and
on Hawaiian home lands with the approval of the Depart-
ment of Hawaiian Home Lands of the State of Hawaii.
‘‘(e) PREFERENCE FOR CERTAIN PROJECTS.—In se-
lecting appropriate conservation projects to be carried out
under this title, the Secretary of the Interior and the Sec-
retary of Agriculture shall give preference to those projects
which—
‘‘(1) will provide long-term benefits to the public;
‘‘(2) will instill in the enrollee involved a work
ethic and a sense of public service;
‘‘(3) will be labor intensive;
158
‘‘(4) can be planned and initiated promptly; and
‘‘(5) will provide academic, experiential, or envi-
ronmental education opportunities.
‘‘(f) CONSISTENCY.—Each appropriate conservation
project carried out under this title on eligible service lands
shall be consistent with the provisions of law and policies
relating to the management and administration of such
lands, with all other applicable provisions of law, and with
all management, operational, and other plans and docu-
ments which govern the administration of the area.
‘‘SEC. 205. CONSERVATION CENTERS.
‘‘(a) ESTABLISHMENT AND USE.—The Secretary of the
Interior and the Secretary of Agriculture are each author-
ized to provide such quarters, board, medical care, transpor-
tation, and other services, facilities, supplies, and equip-
ment as such Secretary deems necessary in connection with
the Public Lands Corps and appropriate conservation
projects carried out under this title and to establish and
use conservation centers owned and operated by such Sec-
retary for purposes of the Corps and such projects. The Sec-
retaries shall establish basic standards of health, nutrition,
sanitation, and safety for all conservation centers estab-
lished under this section and shall assure that such stand-
ards are enforced. Where necessary or appropriate, the Sec-
retaries may enter into contracts and other appropriate ar-
159
rangements with State and local government agencies and
private organizations for the management of such conserva-
tion centers.
‘‘(b) LOGISTICAL SUPPORT.—The Secretary of the In-
terior and the Secretary of Agriculture may make arrange-
ments with the Secretary of Defense to have logistical sup-
port provided by the Armed Forces to the Corps and any
conservation center established under this section, where
feasible. Logistical support may include the provision of
temporary tent shelters where needed, transportation, and
residential supervision.
‘‘(c) USE
OF MILITARY INSTALLATIONS.—The Sec-
retary of the Interior and the Secretary of Agriculture may
make arrangements with the Secretary of Defense to iden-
tify military installations and other facilities of the Depart-
ment of Defense and, in consultation with the adjutant gen-
erals of the State National Guards, National Guard facili-
ties that may be used, in whole or in part, by the Corps
for training or housing Corps participants.
‘‘SEC. 206. RESOURCE ASSISTANTS.
‘‘(a) AUTHORIZATION.—The Secretary of the Interior
and the Secretary of Agriculture are each authorized to pro-
vide individual placements of resource assistants with any
Federal land managing agency under the jurisdiction of
such Secretary to carry out research or resource protection
160
activities on behalf of the agency. To be eligible for selection
as a resource assistant, an individual must be at least 17
years of age. The Secretaries may select resource assistants
without regard to the civil service and classification laws,
rules, or regulations of the United States. The Secretaries
shall give a preference to the selection of individuals who
are enrolled in an institution of higher education or are
recent graduates from an institution of higher education,
with particular attention given to ensure full representation
of women and participants from historically black, His-
panic, and Native American schools.
‘‘(b) USE OF EXISTING NONPROFIT ORGANIZATIONS.—
Whenever one or more existing nonprofit organizations can
provide, in the judgment of the Secretary of the Interior
or the Secretary of Agriculture, appropriate recruitment
and placement services to fulfill the requirements of this sec-
tion, the Secretary may implement this section through
such existing organizations. Participating nonprofit orga-
nizations shall contribute to the expenses of providing and
supporting the resource assistants, through private sources
of funding, at a level equal to 25 percent of the total costs
of each participant in the Resource Assistant program who
has been recruited and placed through that organization.
Any such participating nonprofit conservation service orga-
nization shall be required, by the respective land managing
161
agency, to submit an annual report evaluating the scope,
size, and quality of the program, including the value of
work contributed by the Resource Assistants, to the mission
of the agency.
‘‘SEC. 207. LIVING ALLOWANCES AND TERMS OF SERVICE.
‘‘(a) LIVING ALLOWANCES.—The Secretary of the Inte-
rior and the Secretary of Agriculture shall provide each
participant in the Public Lands Corps and each resource
assistant with a living allowance in an amount not to ex-
ceed the maximum living allowance authorized by section
140(a)(3) of the National and Community Service Act of
1990 for participants in a national service program as-
sisted under subtitle C of title I of such Act.
‘‘(b) TERMS OF SERVICE.—Each participant in the
Corps and each resource assistant shall agree to participate
in the Corps or serve as a resource assistant, as the case
may be, for such term of service as may be established by
the Secretary enrolling or selecting the individual.
‘‘SEC. 208. NATIONAL SERVICE EDUCATIONAL AWARDS.
‘‘(a) EDUCATIONAL BENEFITS
AND AWARDS.—If a
participant in the Public Lands Corps or a resource assist-
ant also serves in an approved national service position des-
ignated under subtitle C of title I of the National and Com-
munity Service Act of 1990, the participant or resource as-
sistant shall be eligible for a national service educational
162
award in the manner prescribed in subtitle D of such title
upon successfully complying with the requirements for the
award. The period during which the national service edu-
cational award may be used, the purposes for which the
award may be used, and the amount of the award shall
be determined as provided under such subtitle.
‘‘(b) FORBEARANCE IN THE COLLECTION OF STAFFORD
LOANS.—For purposes of section 428 of the Higher Edu-
cation Act of 1965, in the case of borrowers who are either
participants in the Corps or resource assistants, upon writ-
ten request, a lender shall grant a borrower forbearance on
such terms as are otherwise consistent with the regulations
of the Secretary of Education, during periods in which
the borrower is serving as such a participant or a resource
assistant.
‘‘SEC. 209. NONDISPLACEMENT.
‘‘The nondisplacement requirements of section 177 of
the National and Community Service Act of 1990 shall be
applicable to all activities carried out by the Public Lands
Corps, to all activities carried out under this title by a
qualified youth or conservation corps, and to the selection
and service of resource assistants.
‘‘SEC. 210. FUNDING.
‘‘(a) COST SHARING.—
163
‘‘(1) PROJECTS BY QUALIFIED YOUTH OR CON-
SERVATION CORPS.—The Secretary of the Interior and
the Secretary of Agriculture are each authorized to
pay not more than 75 percent of the costs of any ap-
propriate conservation project carried out pursuant to
this title on public lands by a qualified youth or con-
servation corps. The remaining 25 percent of the costs
of such a project may be provided from nonfederal
sources in the form of funds, services, facilities, mate-
rials, equipment, or any combination of the foregoing.
No cost sharing shall be required in the case of any
appropriate conservation project carried out on In-
dian lands or Hawaiian home lands under this title.
‘‘(2) PUBLIC LANDS CORPS PROJECTS.—The Sec-
retary of the Interior and the Secretary of Agriculture
are each authorized to accept donations of funds, serv-
ices, facilities, materials, or equipment for the pur-
poses of operating the Public Lands Corps and carry-
ing out appropriate conservation projects by the
Corps. However, nothing in this title shall be con-
strued to require any cost sharing for any project car-
ried out directly by the Corps.
‘‘(b) FUNDS AVAILABLE UNDER NATIONAL AND COM-
MUNITY SERVICE ACT.—In order to carry out the Public
Lands Corps or to support resource assistants and qualified
164
youth or conservation corps under this title, the Secretary
of the Interior and the Secretary of Agriculture shall be eli-
gible to apply for and receive assistance under section
121(b) of the National and Community Service Act of 1990.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be nec-
essary to carry out this title.’’.
SEC. 106. URBAN YOUTH CORPS.
(a) FINDINGS.—The Congress finds the following:
(1) The rehabilitation, reclamation, and beautifi-
cation of urban public housing, recreational sites,
youth and senior centers, and public roads and public
works facilities through the efforts of young people in
the United States in an Urban Youth Corps can bene-
fit these youths, while also benefiting their commu-
nities, by—
(A) providing them with education and
work opportunities;
(B) furthering their understanding and ap-
preciation of the challenges faced by individuals
residing in urban communities; and
(C) providing them with a means to pay for
higher education or to repay indebtedness they
have incurred to obtain higher education.
165
(2) A significant number of housing units for
low-income individuals in urban areas has become
substandard and unsafe and the deterioration of
urban roadways, mass transit systems, and transpor-
tation facilities in the United States have contributed
to the blight encountered in many cities in the United
States.
(3) As a result, urban housing, public works, and
transportation resources are in need of labor intensive
rehabilitation, reclamation, and beautification work
that has been neglected in the past and cannot be ade-
quately carried out by Federal, State, and local gov-
ernment at existing personnel levels.
(4) Urban youth corps have established a good
record of rehabilitating, reclaiming, and beautifying
these kinds of resources in a cost efficient manner, es-
pecially when they have worked in partnership with
government housing, public works, and transportation
authorities and agencies.
(b) PURPOSE.—It is the purpose of this section—
(1) to perform, in a cost-effective manner, appro-
priate service projects to rehabilitate, reclaim, beau-
tify, and improve public housing and public works
and transportation facilities and resources in urban
166
areas suffering from high rates of poverty where work
will not be performed by existing employees;
(2) to assist government housing, public works,
and transportation authorities and agencies;
(3) to expose young people in the United States
to public service while furthering their understanding
and appreciation of their community;
(4) to expand educational opportunity for indi-
viduals who participate in the Urban Youth Corps es-
tablished by this section by providing them with an
increased ability to pursue postsecondary education
or job training; and
(5) to stimulate interest among young people in
the United States in lifelong service to their commu-
nities and the United States.
(c) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘appropriate service project’’
means any project for the rehabilitation, reclamation,
or beautification of urban public housing and public
works and transportation resources or facilities.
(2) The term ‘‘Corps’’ and ‘‘Urban Youth Corps’’
mean the Urban Youth Corps established under sub-
section (d)(1).
167
(3) The term ‘‘qualified urban youth corps’’
means any program established by a State or local
government or by a nonprofit organization that—
(A) is capable of offering meaningful, full-
time, productive work for individuals between
the ages of 16 and 25, inclusive, in an urban or
public works or transportation setting;
(B) gives participants a mix of work expe-
rience, basic and life skills, education, training,
and support services; and
(C) provides participants with the oppor-
tunity to develop citizenship values and skills
through service to their communities and the
United States.
(4) The term ‘‘State’’ means any State of the
United States, the District of Columbia, the Common-
wealth of Puerto Rico, Guam, the Virgin Islands of
the United States, American Samoa, and the Com-
monwealth of the Northern Mariana Islands.
(d) ESTABLISHMENT OF URBAN YOUTH CORPS.—
(1) ESTABLISHMENT.—There is hereby estab-
lished in the appropriate executive departments of the
Federal Government an Urban Youth Corps. The
Corps shall consist of individuals between the ages of
16 and 25, inclusive, who are enrolled as participants
168
in the Corps by the Secretaries of such departments.
To be eligible for enrollment in the Corps, an individ-
ual shall satisfy the criteria specified in section
139(b) of the National and Community Service Act of
1990. The Secretaries may enroll such individuals in
the Corps without regard to the civil service and clas-
sification laws, rules, or regulations of the United
States. The Secretaries may establish a preference for
the enrollment in the Corps of individuals who are
economically, physically, or educationally disadvan-
taged.
(2) USE OF QUALIFIED URBAN YOUTH CORPS.—
The Secretaries are authorized to enter into contracts
and cooperative agreements with any qualified urban
youth corps to perform appropriate service projects
described in paragraph (3).
(3) SERVICE
PROJECTS.—The Secretaries may
each utilize the Corps or any qualified urban youth
corps to carry out appropriate service projects that
the Secretary involved is authorized to carry out
under other authority of law involving public housing
projects or public works resources or facilities.
(4) PREFERENCE FOR CERTAIN PROJECTS.—In
selecting an appropriate service project to be carried
169
out under this section, the Secretaries shall give a
preference to those projects which—
(A) will provide long-term benefits to the
public;
(B) will instill in the participant a work
ethic and a sense of public service;
(C) will be labor intensive;
(D) can be planned and initiated promptly;
and
(E) will provide academic, experiential, or
community education opportunities.
(5) CONSISTENCY.—Each appropriate service
project carried out under this section in any public
housing project or public works resource or facility
shall be consistent with the provisions of law and
policies relating to the management and administra-
tion of such projects, facilities, or resources, with all
other applicable provisions of law, and with all man-
agement, operational, and other plans and documents
which govern the administration of such projects, fa-
cilities, or resources.
(e) LIVING ALLOWANCES.—The Secretaries shall pro-
vide each participant in the Urban Youth Corps with a liv-
ing allowance in an amount not to exceed the maximum
living allowance authorized by section 140(a)(3) of the Na-
170
tional and Community Service Act of 1990 for participants
in a national service program assisted under subtitle C of
title I of such Act.
(f) TERMS OF SERVICE.—Each participant in the
Urban Youth Corps shall agree to participate in the Corps
for a term of service established by the Secretary involved,
consistent with the terms of service required under section
139(b) of the National and Community Service Act of 1990
for participants in a national service program assisted
under subtitle C of title I of such Act.
(g) EDUCATIONAL AWARDS.—
(1) ELIGIBILITY.—Each participant in the
Urban Youth Corps shall be eligible for a national
service educational award in the manner prescribed
in subtitle D of title I of the National and Commu-
nity Service Act of 1990 if such participant complies
with such requirements as may be established under
this subtitle by the Secretary involved respecting eligi-
bility for the award. The period during which the
award may be used, the purposes for which the award
may be used, and the amount of the award shall be
determined as provided under such subtitle.
(2) FORBEARANCE IN THE COLLECTION OF STAF-
FORD
LOANS.—For purposes of section 428 of the
Higher Education Act of 1965, in the case of borrow-
171
ers who are participants in the Urban Youth Corps,
upon written request, a lender shall grant a borrower
forbearance on such terms as are otherwise consistent
with the regulations of the Secretary of Education,
during periods in which the borrower is serving as
such a participant and eligible for a national service
educational award under paragraph (1).
(h) NONDISPLACEMENT.—The nondisplacement re-
quirements of section 177 of the National and Community
Service Act of 1990 shall be applicable to all activities car-
ried out by the Urban Youth Corps and to all activities
carried out under this section by a qualified urban youth
corps.
(i) COST SHARING.—
(1) PROJECTS
BY
QUALIFIED
URBAN
YOUTH
CORPS.—The Secretaries are each authorized to pay
not more than 75 percent of the costs of any appro-
priate service project carried out pursuant to this sec-
tion by a qualified urban youth corps. The remaining
25 percent of the costs of such a project may be pro-
vided from nonfederal sources in the form of funds,
services, facilities, materials, equipment, or any com-
bination of the foregoing.
(2) DONATIONS.—The Secretaries are each au-
thorized to accept donations of funds, services, facili-
172
ties, materials, or equipment for the purposes of oper-
ating the Urban Youth Corps and carrying out ap-
propriate service projects by the Corps. However,
nothing in this section shall be construed to require
any cost sharing for any project carried out directly
by the Corps.
(3) FUNDS
AVAILABLE
UNDER
NATIONAL
AND
COMMUNITY SERVICE ACT.—In order to carry out the
Urban Youth Corps or to support qualified urban
youth corps under this section, the Secretaries shall be
eligible to apply for and receive assistance under sec-
tion 121(b) of the National and Community Service
Act of 1990.
(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated such sums as
may be necessary to carry out this section.
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,
173
an individual with a disability, a parent, or an em-
ployee of a business or public or private nonprofit
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 educational
institution is located.
‘‘(2) APPROVED NATIONAL SERVICE POSITION.—
The term ‘approved national service position’ means
a national service position designated by the Corpora-
tion 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.
174
‘‘(5) COMMUNITY-BASED
AGENCY.—The term
‘community-based agency’ means a private nonprofit
organization (including a church or other religious
entity) that—
‘‘(A) is representative of a community or a
significant segment of a community; and
‘‘(B) is engaged in meeting human, edu-
cational, environmental, or public safety commu-
nity needs.
‘‘(6) CORPORATION.—The term ‘Corporation’
means the Corporation for National Service estab-
lished under section 191.
‘‘(7) ECONOMICALLY DISADVANTAGED.—The term
‘economically disadvantaged’ means, with respect to
an individual, an individual who is determined by
the Chairperson to be low-income according to the lat-
est available data from the Department of Commerce.
‘‘(8) ELEMENTARY SCHOOL.—The term ‘elemen-
tary school’ has the same meaning given such term in
section 1471(8) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2891(8)).
‘‘(9) INDIAN.—The term ‘Indian’ means a person
who is a member of an Indian tribe.
‘‘(10) INDIAN LANDS.—The term ‘Indian lands’
means—
175
‘‘(A) any Indian reservation;
‘‘(B) any public domain Indian allotments;
‘‘(C) any former Indian reservation in the
State of Oklahoma;
‘‘(D) any land held by incorporated Native
groups, regional corporations, and village cor-
porations under the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1701 et seq.); and
‘‘(E) any land held by dependent Indian
communities within the borders of the United
States whether within the original or subse-
quently acquired territory thereof, and whether
within or without the limits of a State.
‘‘(11) INDIAN TRIBE.—The term ‘Indian tribe’
means an Indian tribe, band, nation, or other orga-
nized group or community, including any Native vil-
lage, Regional Corporation, or Village Corporation, as
defined in subsection (c), (g), or (j), respectively, of
section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602 (c), (g), or (j)), that is recognized as
eligible for the special programs and services 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
176
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 meaning
given such term in section 1471(12) of the Elemen-
tary and Secondary Education Act of 1965 (20
U.S.C. 2891(12)).
‘‘(14) NATIONAL SERVICE LAWS.—The term ‘na-
tional service laws’ means this Act and the Domestic
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 equiv-
alent thereof; and
‘‘(C) is not enrolled in an elementary or
secondary school or institution of higher edu-
cation.
‘‘(16) PARTICIPANT.—
‘‘(A) IN GENERAL.—The term ‘participant’
means—
177
‘‘(i) for purposes of subtitle C, an indi-
vidual in an approved national service po-
sition; 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 ‘part-
nership program’ means a program through which an
adult volunteer, a public or private nonprofit agency,
an institution of higher education, or a business as-
sists a local educational agency.
‘‘(18) PROGRAM.—The term ‘program’, except
when used as part of the term ‘academic program’,
means a program described in section 111(a) (other
than a program referred to in paragraph (3)(B) of
such section), 117A(a), 119(b)(1), or 122(a), in para-
graph (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
178
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 who is—
‘‘(A) between the ages of 5 and 17, inclu-
sive; or
‘‘(B) a child with a disability covered by
the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.).
‘‘(21) SECONDARY SCHOOL.—The term ‘second-
ary school’ has the same meaning given such term in
section 1471(21) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2891(21)).
‘‘(22) SERVICE-LEARNING.—The term ‘service-
learning’ means a method—
‘‘(A) under which students or participants
learn and develop through active participation
in thoughtfully organized service that—
‘‘(i) is conducted in and meets the
needs of a community;
‘‘(ii) is coordinated with an elemen-
tary school, secondary school, institution of
higher education, or community service pro-
gram, and with the community; and
179
‘‘(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 commu-
nity service program in which the partici-
pants 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 sub-
section (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 partici-
pant.
‘‘(25) STATE.—The term ‘State’ means each of
the several States, the District of Columbia, the Com-
monwealth of Puerto Rico, the Virgin Islands of the
United States, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands. The
180
term also includes Palau, until such time as the Com-
pact 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 section
to act in lieu of a State Commission.
‘‘(27) STATE EDUCATIONAL AGENCY.—The term
‘State educational agency’ has the same meaning
given such term in section 1471(23) of the Elemen-
tary and Secondary Education Act of 1965 (20
U.S.C. 2891(23)).
‘‘(28) STUDENT.—The term ‘student’ means an
individual who is enrolled in an elementary or sec-
ondary school or institution of higher education on a
full- or part-time basis.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 182(a)(2) of the National and Com-
munity Service Act of 1990 (42 U.S.C 12642(a)(2))
is amended by striking ‘‘adult volunteer and partner-
ship’’ each place the term appears and inserting
‘‘partnership’’.
181
(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, insti-
tutions and activities designated in section 124(a) of
the National and Community Service Act of 1990’’
and inserting ‘‘a project, as defined in section
101(19) of the National and Community Service Act
of 1990 (42 U.S.C. 12511(18))’’.
(4) Section 1122(a)(2)(C) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1137a(a)(2)(C)) is
amended by striking ‘‘youth corps as defined in sec-
tion 101(30) of the National and Community Service
Act of 1990’’ and inserting ‘‘youth corps programs, as
described in section 122(a)(1) of the National and
Community Service Act of 1990’’.
(5) Section 1201(p) of the Higher Education Act
of 1965 (20 U.S.C. 1141(p)) is amended by striking
‘‘section 101(22) of the National and Community
Service Act of 1990’’ and inserting ‘‘section 101(22)
182
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 Med-
ical 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 sub-
chapter V of chapter 63 of title 5, United States
Code),
the participant shall be considered to be an eligible em-
ployee of the service sponsor.
183
‘‘(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 follow-
ing:
‘‘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 ‘‘sections
177 and 113(9)’’ and inserting ‘‘section 177’’; and
(2) in subsection (b)(1), by striking ‘‘this title’’
and inserting ‘‘the national service laws’’.
184
SEC. 115. NONDISCRIMINATION.
Section 175 of the National and Community Service
Act of 1990 (42 U.S.C. 12635) is amended to read as fol-
lows:
‘‘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 mem-
ber 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 of
the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.), section 504 of the Rehabilitation Act of 1973 (29
185
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.’’.
186
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 establish
and maintain a procedure for the filing and adju-
dication of grievances from participants, labor orga-
nizations, and other interested individuals concerning
projects that receive assistance under this title, in-
cluding grievances regarding proposed placements of
such participants in such projects.
187
‘‘(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 DECISION.—
‘‘(A) HEARING.—A hearing on any griev-
ance conducted under this subsection shall be
conducted not later than 30 days after the filing
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 griev-
ance 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 permitted to
submit such grievance to binding arbitra-
tion before a qualified arbitrator who is
jointly selected and independent of the in-
terested parties.
188
‘‘(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 ar-
bitration proceeding shall be held not later than
45 days after the request for such arbitration
proceeding, or, if the arbitrator is appointed by
the Chairperson in accordance with subpara-
graph (A)(ii), not later than 30 days after the
appointment of such arbitrator.
‘‘(C) DEADLINE FOR DECISION.—A decision
concerning a grievance shall be made not later
than 30 days after the date such arbitration pro-
ceeding begins.
‘‘(D) COST.—
‘‘(i) IN GENERAL.—Except as provided
in clause (ii), the cost of an arbitration pro-
ceeding shall be divided evenly between the
parties to the arbitration.
‘‘(ii) EXCEPTION.—If a participant,
labor organization, or other interested indi-
189
vidual described in paragraph (1) prevails
under a binding arbitration proceeding, the
State, local agency, public or private non-
profit organization, or partnership of such
agencies and organizations, that is a party
to such grievance shall pay the total cost of
such proceeding and the attorneys’ fees of
such participant, labor organization, or in-
dividual, as the case may be.
‘‘(5) PROPOSED PLACEMENT.—If a grievance is
filed regarding a proposed placement of a participant
in a project that receives assistance under this title,
such placement shall not be made unless the place-
ment is consistent with the resolution of the grievance
pursuant to this subsection.
‘‘(6) REMEDIES.—Remedies for a grievance filed
under this subsection include—
‘‘(A) suspension of payments for assistance
under this title;
‘‘(B) termination of such payments;
‘‘(C) prohibition of the placement described
in paragraph (5); and
‘‘(D) in a case in which the grievance in-
volves a violation of subsection (a) or (b) of sec-
tion 177 and the employer of the displaced em-
190
ployee is the recipient of assistance under this
title—
‘‘(i) reinstatement of the displaced em-
ployee to the position held by such employee
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 subsection
(a) or (b) of section 177 or to make the dis-
placed 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 jurisdiction
of the parties, without regard to the amount in con-
troversy and without regard to the citizenship of the
parties.’’.
SEC. 117. NONDISPLACEMENT.
Section 177(b)(3) of the National and Community
Service Act of 1990 (42 U.S.C. 12637(b)(3)) is amended—
(1) in subparagraph (B), to read as follows:
191
‘‘(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—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1),
by striking ‘‘this title’’ and inserting ‘‘the na-
tional service laws’’; and
192
(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 programs
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).
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 edu-
cational awards’’.
193
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 follow-
ing:
‘‘Sec. 181. Contingent extension.’’.
SEC. 121. REPEALS.
(a) IN GENERAL.—Subtitle F of title I of the National
and Community Service Act of 1990 (42 U.S.C. 12631 et
seq.) is amended—
(1) by repealing sections 183, 185, and 186; and
(2) by redesignating section 184 as section 183.
(b) TABLE OF CONTENTS.—Section 1(b) of the Na-
tional and Community Service Act of 1990 (Public Law
101–610; 104 Stat. 3127) is amended by striking the items
relating to sections 183, 184, and 185 of such Act and in-
serting the following:
‘‘Sec. 183. Drug-free workplace requirements.’’.
194
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 Commis-
sion on National Service that satisfies the require-
ments 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 ad-
ministrative entity to carry out the duties otherwise
entrusted to a State Commission under this Act. The
chief executive officer shall ensure that any alter-
native administrative entity used in lieu of a State
Commission still provides for the individuals de-
scribed in paragraphs (1) and (2) of subsection (c) to
play a significant policy-making role in carrying out
195
the duties otherwise entrusted to a State Commission,
including the submission of applications on behalf of
the State under sections 117B and 130.
‘‘(b) APPOINTMENT AND SIZE.—Except as provided in
subsection (c)(3), the members of a State Commission for
a State shall be appointed by the chief executive officer of
the State. A State Commission shall consist of not less than
15 voting members.
‘‘(c) COMPOSITION AND MEMBERSHIP.—
‘‘(1) REQUIRED MEMBERS.—The State Commis-
sion for a State shall include as voting members at
least one of each of the following individuals:
‘‘(A) An individual with expertise in the
educational, training, and development needs of
youth, particularly disadvantaged youth.
‘‘(B) An individual with experience in pro-
moting the involvement of older Americans in
service and voluntarism.
‘‘(C) A representative of community action
agencies and community-based organizations
within the State, particularly those agencies and
organizations that—
‘‘(i) are located in areas of the State
with high rates of poverty;
196
‘‘(ii) provide a comprehensive range of
services to economically disadvantaged indi-
viduals and families;
‘‘(iii) have a demonstrated record of ef-
fectiveness; and
‘‘(iv) are governed by a board com-
posed in significant part of economically
disadvantaged individuals.
‘‘(D) A youth who is or has been a partici-
pant in a service program.
‘‘(E) An individual with expertise in the
delivery of human, educational, environmental,
or public safety services to communities and per-
sons.
‘‘(F) The head of the State educational
agency.
‘‘(G) A representative of local governments
in the State.
‘‘(H) A representative of local labor organi-
zations in the State.
‘‘(I) Representatives of business.
‘‘(2) ADDITIONAL
MEMBERS.—The State Com-
mission for a State may also include as voting mem-
bers the following individuals:
197
‘‘(A) Representatives of entities which re-
ceive assistance under the Domestic Volunteer
Service Act of 1973 (42 U.S.C. 4950 et seq.).
‘‘(B) Educators.
‘‘(C) Individuals who are recognized for
their outstanding contributions as volunteers in
service to their community, State, and Nation.
‘‘(3) CORPORATION REPRESENTATIVE.—The rep-
resentative of the Corporation designated under sec-
tion 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 Commission
for the State representatives selected from among offi-
cers and employees of State agencies operating com-
munity service, youth service, education, social serv-
ice, senior service, and job training programs.
‘‘(5) LIMITATION ON NUMBER OF STATE EMPLOY-
EES 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 num-
ber) of the total membership of the State Commission.
‘‘(d) MISCELLANEOUS MATTERS.—
198
‘‘(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 balanced
according to race, ethnic background, age, and gender.
Not more than 50 percent of the voting members of
a State Commission, plus 1 additional member, may
be from the same political party.
‘‘(2) TERMS.—Each member of the State Com-
mission for a State shall serve for a term of 3 years,
except that the chief executive officer of a State shall
initially appoint a portion of the members to terms
of 1 year and 2 years.
‘‘(3) VACANCIES.—As vacancies occur on a State
Commission, new members shall be appointed by the
chief executive of the State and serve for the remain-
der of the term for which the predecessor of such mem-
ber was appointed. The vacancy shall not affect the
power of the remaining members to execute 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 em-
199
ployees 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 Commission.
‘‘(e) DUTIES OF A STATE COMMISSION.—The State
Commission for a State shall be responsible for the following
duties:
‘‘(1) Preparation of a national service plan for
the State that—
‘‘(A) is developed through an open and pub-
lic process (such as through regional forums,
hearings, and other means) that provides for
maximum participation and input from existing
national service programs within the State and
other interested members of the public;
‘‘(B) covers a 3-year period;
‘‘(C) is updated annually; and
‘‘(D) contains such information as the State
Commission considers to be appropriate or as the
Corporation may require.
‘‘(2) Preparation of the applications of the State
under sections 117B and 130 for financial assistance.
200
‘‘(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 positions
that include the national service educational award
described in subtitle D.
‘‘(5) Make recommendations to the Corporation
with respect to priorities for programs receiving as-
sistance under the Domestic Volunteer Service Act of
1973.
‘‘(6) Make technical assistance available to en-
able applicants under section 121—
‘‘(A) to plan and implement service pro-
grams; and
‘‘(B) to apply for assistance under the na-
tional service laws using, if appropriate, infor-
mation and materials available through a clear-
inghouse established under section 198A.
‘‘(7) Assistance in the provision of health care
and child care benefits under section 140 to partici-
pants in national service programs that receive assist-
ance under section 121.
‘‘(8) Development of a State system for the re-
cruitment and placement of participants in national
201
service programs that receive assistance under the na-
tional service laws and dissemination of information
concerning national service programs that receive as-
sistance and approved national service positions.
‘‘(9) Administration of the grant program in
support of national service programs that is con-
ducted by the State using assistance provided to the
State under section 121, including selection, oversight,
and evaluation of grant recipients.
‘‘(10) Development of projects, training methods,
curriculum materials, and other materials and activi-
ties related to national service programs that receive
assistance from the State using assistance provided
under section 121.
‘‘(f) ACTIVITY INELIGIBLE FOR ASSISTANCE.—A State
Commission may not directly carry out any national serv-
ice 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 public
or private nonprofit organization.
‘‘(h) APPROVAL OF STATE COMMISSION OR ALTER-
NATIVE.—
‘‘(1) SUBMISSION TO CORPORATION.—The chief
executive officer for a State shall notify the Corpora-
204
relating to section 178 and inserting the following new
item:
‘‘Sec. 178. State Commissions on National Service.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the date of the enactment of this
Act.
(d) TRANSITIONAL PROVISIONS.—
(1) USE OF ALTERNATIVES TO STATE COMMIS-
SION.—If a State does not have a State Commission
on National Service that satisfies the requirements
specified in section 178 of the National and Commu-
nity Services Act of 1990, as amended by subsection
(a), the Corporation for National Service may author-
ize the chief executive of the State to use an existing
agency of the State to perform the duties otherwise re-
served to a State Commission under subsection (e) of
such section.
(2) APPLICATION
OF
SUBSECTION.—This sub-
section shall apply only during the 18-month period
beginning on the date of the enactment of this Act.
SEC. 202. INTERIM AUTHORITIES OF THE CORPORATION
FOR NATIONAL SERVICE AND ACTION AGEN-
CY.
(a) NATIONAL
AND COMMUNITY SERVICE ACT
OF
1990.—Subtitle G of title I of the National and Community
205
Service Act of 1990 (42 U.S.C. 12651) is amended to read
as follows:
‘‘Subtitle G—Corporation for
National Service
‘‘SEC. 191. CORPORATION FOR NATIONAL SERVICE.
‘‘There is established a Corporation for National Serv-
ice that shall administer the programs established under
this Act. The Corporation shall be a Government corpora-
tion, 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 sub-
title as the ‘Board’) that shall be composed of—
‘‘(A) not less than 15 members, including
the Chairperson appointed under section 193, to
be appointed by the President, by and with the
advice and consent of the Senate; and
‘‘(B) the ex officio members described in
paragraph (4).
‘‘(2) QUALIFICATIONS.—To the maximum extent
practicable, the President shall appoint members—
‘‘(A) who have extensive experience in vol-
unteer and service programs, including programs
206
funded under one of the national service laws,
and in State government;
‘‘(B) who represent a broad range of view-
points;
‘‘(C) who are experts in the delivery of
human, educational, environmental, or public
safety services;
‘‘(D) so that the Board shall be diverse ac-
cording to race, ethnicity, age, and gender; and
‘‘(E) so that no more than 50 percent of the
appointed members of the Board, plus 1 addi-
tional appointed member, are from a single po-
litical party.
‘‘(3) EX OFFICIO MEMBERS.—The Secretary of
Education, the Secretary of Health and Human Serv-
ices, the Secretary of Labor, the Secretary of the Inte-
rior, the Secretary of Agriculture, the Secretary of
Housing and Urban Development, the Secretary of
Defense, the Attorney General, the Director of the
Peace Corps, and the Administrator of the Environ-
mental Protection Agency shall serve as ex officio
nonvoting members of the Board.
‘‘(b) TERMS.—Each appointed member of the Board
shall serve for a term of 5 years, except that, as designated
by the President—
207
‘‘(1) 3 of the members first appointed to the
Board shall serve for a term of 1 year;
‘‘(2) 3 of the members first appointed to the
Board shall serve for a term of 2 years;
‘‘(3) 3 of the members first appointed to the
Board shall serve for a term of 3 years;
‘‘(4) 3 of the members first appointed to the
Board shall serve for a term of 4 years; and
‘‘(5) the remainder of the members first ap-
pointed to the Board shall serve for a term of 5 years.
‘‘(c) VACANCIES.—As vacancies occur on the Board,
new members shall be appointed by the President, by and
with the advice and consent of the Senate, and serve for
the remainder of the term for which the predecessor of such
member was appointed. The vacancy shall not affect the
power of the remaining members to execute the duties of
the Board.
‘‘SEC. 192A. AUTHORITIES AND DUTIES OF THE BOARD OF
DIRECTORS.
‘‘(a) MEETINGS.—The Board shall meet not less than
3 times each year. The Board shall hold additional meetings
at the call of the Chairperson or if a majority of the mem-
bers of the Board request such meetings in writing. In addi-
tion, the Board (or designated members of the Board) shall
conduct periodic public hearings throughout the United
208
States to examine and review operation of the national
service laws.
‘‘(b) QUORUM.—A majority of the appointed members
of the Board shall constitute a quorum.
‘‘(c) OFFICERS.—
‘‘(1) VICE CHAIRPERSON.—The Board shall elect
a Vice Chairperson from among its membership. The
Vice Chairperson may conduct meetings of the Board
in the absence of the Chairperson.
‘‘(2) OTHER OFFICERS.—The Board may elect
from among its membership such additional officers
of the Board as the Board determines to be appro-
priate.
‘‘(d) INSPECTOR GENERAL OVERSIGHT COMMITTEE.—
The Board shall establish an Inspector General oversight
committee (referred to in this subtitle as the ‘oversight com-
mittee’). Such committee shall be comprised of the Vice
Chairperson and two members selected by the Vice Chair-
person. The Chairperson shall not serve on the oversight
committee.
‘‘(e) EXPENSES.—While away from their homes or reg-
ular places of business on the business of the Board, mem-
bers of such Board shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of
209
title 5, United States Code, for persons employed intermit-
tently in the Government service.
‘‘(f) SPECIAL GOVERNMENT EMPLOYEES.—For pur-
poses of the provisions of chapter 11 of part I of title 18,
United States Code, and any other provision of Federal law,
a member of the Board (to whom such provisions would
not otherwise apply except for this subsection) shall be a
special Government employee.
‘‘(g) STATUS OF MEMBERS.—
‘‘(1) OTHER CLAIMS.—A member of the Board
has no personal liability under Federal law with re-
spect to any claim arising out of or resulting from
any act or omission by such person, within the scope
of the service of the member on the Board, in connec-
tion with any transaction involving the provision of
financial assistance by the Corporation. This para-
graph shall not be construed to limit personal liabil-
ity for criminal acts or omissions, willful or mali-
cious misconduct, acts or omissions for private gain,
or any other act or omission outside the scope of the
service of such member on the Board.
‘‘(2) EFFECT ON OTHER LAW.—This subsection
shall not be construed—
‘‘(A) to affect any other immunities and
protections that may be available to such mem-
210
ber under applicable law with respect to such
transactions;
‘‘(B) to affect any other right or remedy
against the Corporation, against the United
States under applicable law, or against any per-
son other than a member of the Board partici-
pating in such transactions; or
‘‘(C) to limit or alter in any way the im-
munities that are available under applicable law
for Federal officials and employees not described
in this subsection.
‘‘(h) DUTIES.—The Board shall—
‘‘(1) prepare a strategic plan every 3 years, and
annual updates of the plan, for the Corporation with
respect to the grants, allotments, contracts, assistance,
and payments made by the Corporation, and with re-
spect to such standards, policies, procedures, pro-
grams, and initiatives as are necessary or appro-
priate to carry out this Act;
‘‘(2) make recommendations with respect to the
regulations established under section 195(b)(3)(A);
‘‘(3)(A) review the actions of the Chairperson
with respect to—
‘‘(i) grants, allotments, contracts, assist-
ance, and payments made by the Corporation;
211
‘‘(ii) the personnel of the Corporation; and
‘‘(iii) the standards, policies, procedures,
programs, and initiatives of the Corporation;
and
‘‘(B) inform the Chairperson of any aspects of
the actions of the Chairperson that are not in compli-
ance with the annual strategic plan described in
paragraph (1) or the recommendations described in
paragraph (2), or are not consistent with the objec-
tives of this Act;
‘‘(4) receive reports issued by the Inspector Gen-
eral of the Corporation and review actions taken by
the Chairperson with respect to such reports;
‘‘(5) review the evaluation of programs estab-
lished under this Act, in accordance with section 179;
‘‘(6) make recommendations for research with re-
spect to national and community service programs,
including service-learning programs;
‘‘(7) advise the President and the Congress con-
cerning developments in national and community
service that merit the attention of the President and
the Congress;
‘‘(8) disseminate information regarding the pro-
grams and initiatives of the Corporation; and
212
‘‘(9) carry out any other activities determined to
be appropriate by the Chairperson.
‘‘SEC. 193. CHAIRPERSON AND DIRECTOR.
‘‘(a) APPOINTMENT.—The Corporation shall be headed
by an individual who shall serve as Chairperson of the
Board and as Director of the Corporation, and who shall
be appointed by the President, by and with the advice and
consent of the Senate.
‘‘(b) COMPENSATION.—The Chairperson shall be com-
pensated at the rate provided for level III of the Executive
Schedule under section 5314 of title 5, United States Code.
‘‘(c) REGULATIONS.—The Chairperson shall prescribe
such rules and regulations as are necessary or appropriate
to carry out this Act.
‘‘SEC. 193A. AUTHORITIES AND DUTIES OF THE CHAIR-
PERSON.
‘‘(a) GENERAL POWERS AND DUTIES.—The Chair-
person shall be responsible for the exercise of the powers and
the discharge of the duties of the Corporation that are not
reserved to the Board, and shall have authority and control
over all personnel of the Corporation.
‘‘(b) DUTIES.—In addition to the duties conferred on
the Chairperson under any other provision of this Act, the
Chairperson shall—
213
‘‘(1) submit a proposal to the Board regarding,
and establish, such standards, policies, and proce-
dures, as are necessary or appropriate to carry out
this Act;
‘‘(2) establish and administer such programs and
initiatives as the Chairperson, acting on the rec-
ommendation of the Board, may determine to be nec-
essary or appropriate to carry out this Act;
‘‘(3) consult with appropriate Federal agencies
in administering such programs and initiatives;
‘‘(4) on the recommendation of the Board, sus-
pend or terminate payments and positions provided
pursuant to the national service laws, in accordance
with section 176;
‘‘(5) prepare and submit to the Board an annual
report, and such interim reports as may be necessary,
describing the major actions of the Chairperson with
respect to the personnel of the Corporation, and with
respect to such standards, policies, procedures, pro-
grams, and initiatives;
‘‘(6) notify, and provide an explanation to, the
Board regarding any substantial differences between
the actions of the Chairperson and the strategic plan
described in section 192A(h)(2); and
214
‘‘(7) prepare and submit to the appropriate com-
mittees of Congress an annual report, and such in-
terim reports as may be necessary, describing—
‘‘(A) the services referred to in paragraph
(1), and the money and property referred to in
paragraph (2), of section 196(a) that have been
accepted by the Corporation; and
‘‘(B) the manner in which the Corporation
used or disposed of such services, money, and
property.
‘‘(c) POWERS.—In addition to the authority conferred
on the Chairperson under any other provision of this Act,
the Chairperson may—
‘‘(1) establish, alter, consolidate, or discontinue
such organizational units or components within the
Corporation as the Chairperson considers necessary or
appropriate;
‘‘(2) with the approval of the President—
‘‘(A) arrange with and reimburse the heads
of other Federal agencies for the performance of
any of the provisions of this Act; and
‘‘(B) as necessary or appropriate—
‘‘(i) delegate any of the functions of the
Chairperson under this Act, or, with the
permission of the Board, any of the func-
215
tions of the Board under this Act, to such
heads of Federal agencies; and
‘‘(ii) authorize the redelegation of such
functions,
subject to provisions to assure the maximum pos-
sible liaison between the Corporation and such
other agencies at all operating levels;
‘‘(3) with their consent, utilize the services and
facilities of Federal agencies with or without reim-
bursement, and, with the consent of any State, or po-
litical subdivision of a State, accept and utilize the
services and facilities of the agencies of such State or
subdivisions without reimbursement;
‘‘(4) allocate and expend, or transfer to other
Federal agencies for expenditure, funds made avail-
able under this Act, including expenditure for con-
struction, repairs, and capital improvements;
‘‘(5) disseminate, without regard to the provi-
sions of section 3204 of title 39, United States Code,
data and information, in such form as the Chair-
person shall determine to be appropriate to public
agencies, private organizations, and the general pub-
lic;
‘‘(6) collect or compromise all obligations to or
held by the Chairperson and all legal or equitable
216
rights accruing to the Chairperson in connection with
the payment of obligations in accordance with chap-
ter 37 of title 31, United States Code (commonly
known as the ‘Federal Claims Collection Act of
1966’);
‘‘(7) expend funds made available for purposes of
this Act, without regard to any other law or regula-
tion, for rent of buildings and space in buildings and
for repair, alteration, and improvement of buildings
and space in buildings rented by the Chairperson;
‘‘(8) file a civil action in any court of record of
a State having general jurisdiction or in any district
court of the United States, with respect to a claim
arising under this Act;
‘‘(9) exercise the authorities of the Corporation
under section 196; and
‘‘(10) generally perform such functions and take
such steps consistent with the objectives and provi-
sions of this Act, as the Chairperson determines to be
necessary or appropriate to carry out such provisions.
‘‘(d) DELEGATION.—
‘‘(1) DEFINITION.—As used in this subsection,
the term ‘function’ means any duty, obligation,
power, authority, responsibility, right, privilege, ac-
tivity, or program.
217
‘‘(2) IN GENERAL.—Except as otherwise prohib-
ited by law or provided in this Act, the Chairperson
may delegate any function under this Act, and au-
thorize such successive redelegations of such function
as may be necessary or appropriate. No delegation of
a function by the Chairperson under this subsection
or under any other provision of this Act shall relieve
such Chairperson of responsibility for the administra-
tion of such function.
‘‘(3) FUNCTION
OF
BOARD.—The Chairperson
may not delegate a function of the Board without the
permission of the Board.
‘‘(e) ACTIONS.—In an action described in subsection
(c)(8)—
‘‘(1) a district court referred to in such sub-
section shall have jurisdiction of such a civil action
without regard to the amount in controversy;
‘‘(2) such an action brought by the Chairperson
shall survive notwithstanding any change in the per-
son occupying the office of Chairperson or any va-
cancy in that office;
‘‘(3) no attachment, injunction, garnishment, or
other similar process, mesne or final, shall be issued
against the Chairperson or the Board or property
220
‘‘(D) develop and maintain any joint finan-
cial management systems with the Department
of Education necessary to carry out the pro-
grams of the Corporation; and
‘‘(E) direct, manage, and provide policy
guidance and oversight of the financial manage-
ment personnel, activities, and operations of the
Corporation.
‘‘SEC. 194A. CORPORATION STATE OFFICES.
‘‘(a) IN GENERAL.—The Chairperson shall establish
and maintain a decentralized field structure which provides
for an office of the Corporation for each State which is lo-
cated in or in reasonable proximity of each such State. Such
State office may be directed by the State Corporation rep-
resentative designated under section 195(b)(1).
‘‘(b) DUTIES.—Each State office established pursuant
to subsection (a) shall—
‘‘(1) provide to the State Commissions estab-
lished under section 178 technical and other assist-
ance for the development and implementation of State
service plans;
‘‘(2) provide to community-based agencies and
other entities within the State technical assistance for
the preparation of applications for assistance under
the national service laws, utilizing, as appropriate,
221
information and materials provided by the clearing-
houses established pursuant to section 198A;
‘‘(3) provide to the State Commission and other
entities within the State support and technical assist-
ance necessary to assure that there is an effective sys-
tem of recruitment, placement, and training of volun-
teers within the State;
‘‘(4) monitor and evaluate the performance of all
programs and projects within the State which receive
assistance under the national service laws; and
‘‘(5) perform such other duties and functions
which may be assigned or delegated by the Chair-
person.
‘‘SEC. 195. EMPLOYEES, CONSULTANTS, AND OTHER PER-
SONNEL.
‘‘(a) EMPLOYEES.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2) and subsections (b) and (c), the Chair-
person shall, in accordance with applicable provisions
of title 5 of the United States Code, appoint and de-
termine the compensation of such employees as the
Chairperson determines to be necessary to carry out
the duties of the Corporation.
‘‘(2) ASSISTANT DIRECTORS FOR VISTA AND NA-
TIONAL SENIOR VOLUNTEER CORPS.—
222
‘‘(A) APPOINTMENT.—The Managing Direc-
tor primarily responsible for the Federal pro-
grams carried out by the Corporation (appointed
pursuant to section 194(a)) shall, in accordance
with applicable provisions of title 5 of the
United States Code, appoint 4 Assistant Direc-
tors who shall report directly to such Managing
Director, of which—
‘‘(i) 1 Assistant Director shall be re-
sponsible for parts A and B of title I of the
Domestic Volunteer Service Act of 1973 (the
Volunteers in Service to America (VISTA)
program) and other antipoverty programs
under title I of that Act;
‘‘(ii) 1 Assistant Director shall be re-
sponsible for part A of title II of that Act
(relating to the Retired Senior Volunteer
Program);
‘‘(iii) 1 Assistant Director shall be re-
sponsible for part B of title II of that Act
(relating to the Foster Grandparent Pro-
gram); and
‘‘(iv) 1 Assistant Director shall be re-
sponsible for part C of title II of that Act