187
striking ‘‘section 101(22) of the National and Com-
munity Service Act of 1990’’ and inserting ‘‘section
101(22) of the National and Community Service Act
of 1990 (42 U.S.C. 12511(21))’’.
SEC. 112. AUTHORITY TO MAKE STATE GRANTS.
Section 102 of the National and Community Service
Act of 1990 (42 U.S.C. 12512) is repealed.
SEC. 113. FAMILY AND MEDICAL LEAVE.
(a) IN GENERAL.—Section 171 of the National and
Community Service Act of 1990 (42 U.S.C. 12631) is
amended to read as follows:
‘‘SEC. 171. FAMILY AND MEDICAL LEAVE.
‘‘(a) PARTICIPANTS IN PRIVATE, STATE, AND LOCAL
PROJECTS.—For purposes of title I of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), if—
‘‘(1) a participant has provided service for the
period required by section 101(2)(A)(i) (29 U.S.C.
2611(2)(A)(i)), and has met the hours of service re-
quirement of section 101(2)(A)(ii), of such Act with
respect to a project; and
‘‘(2) the service sponsor of the project is an em-
ployer described in section 101(4) of such Act (other
than an employing agency within the meaning of
subchapter V of chapter 63 of title 5, United States
Code),
188
the participant shall be considered to be an eligible em-
ployee of the service sponsor.
‘‘(b) PARTICIPANTS IN FEDERAL PROJECTS.—For
purposes of subchapter V of chapter 63 of title 5, United
States Code, if—
‘‘(1) a participant has provided service for the
period required by section 6381(1)(B) of such title
with respect to a project; and
‘‘(2) the service sponsor of the project is an em-
ploying agency within the meaning of such sub-
chapter,
the participant shall be considered to be an employee of
the service sponsor.
‘‘(c) TREATMENT OF ABSENCE.—The period of any
absence of a participant from a service position pursuant
to title I of the Family and Medical Leave Act of 1993
or subchapter V of chapter 63 of title 5, United States
Code, shall not be counted toward the completion of the
term of service of the participant under section 139 of this
Act.’’.
(b) TABLE OF CONTENTS.—Section 1(b) of the Na-
tional and Community Service Act of 1990 (Public Law
101–610; 104 Stat. 3127) is amended by striking the item
relating to section 171 of such Act and inserting the fol-
lowing:
‘‘Sec. 171. Family and medical leave.’’.
189
SEC. 114. REPORTS.
Section 172 of the National and Community Service
Act of 1990 (42 U.S.C. 12632) is amended—
(1) in subsection (a)(3)(A), by striking ‘‘sec-
tions 177 and 113(9)’’ and inserting ‘‘section 177’’;
and
(2) in subsection (b)(1), by striking ‘‘this title’’
and inserting ‘‘the national service laws’’.
SEC. 115. NONDISCRIMINATION.
Section 175 of the National and Community Service
Act of 1990 (42 U.S.C. 12635) is amended to read as
follows:
‘‘SEC. 175. NONDISCRIMINATION.
‘‘(a) IN GENERAL.—
‘‘(1) BASIS.—An individual with responsibility
for the operation of a project that receives assistance
under this title shall not discriminate against a par-
ticipant in, or member of the staff of, such project
on the basis of race, color, national origin, sex, age,
or political affiliation of such participant or member,
or on the basis of disability, if the participant or
member is a qualified individual with a disability.
‘‘(2) DEFINITION.—As used in paragraph (1),
the term ‘qualified individual with a disability’ has
the meaning given the term in section 101(8) of the
190
Americans with Disabilities Act of 1990 (42 U.S.C.
12111(8)).
‘‘(b) FEDERAL FINANCIAL ASSISTANCE.—Any assist-
ance provided under this title shall constitute Federal fi-
nancial assistance for purposes of title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX
of the Education Amendments of 1972 (20 U.S.C. 1681
et seq.), section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), and the Age Discrimination Act of 1975 (42
U.S.C. 6101 et seq.), and shall constitute assistance to
an education program or activity for purposes of title IX
of the Education Amendments of 1972 (20 U.S.C. 1681
et seq.).
‘‘(c) RELIGIOUS DISCRIMINATION.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), an individual with responsibility for the
operation of a project that receives assistance under
this title shall not discriminate on the basis of reli-
gion against a participant in such project or a mem-
ber of the staff of such project who is paid with
funds received under this title.
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply to the employment, with assistance provided
under this title, of any member of the staff, of a
project that receives assistance under this title, who
191
was employed with the organization operating the
project on the date the grant under this title was
awarded.
‘‘(d) RULES AND REGULATIONS.—The Chairperson
shall promulgate rules and regulations to provide for the
enforcement of this section that shall include provisions
for summary suspension of assistance for not more than
30 days, on an emergency basis, until notice and an oppor-
tunity to be heard can be provided.’’.
SEC. 116. NOTICE, HEARING, AND GRIEVANCE PROCE-
DURES.
(a) 
DECERTIFICATION
OF
POSITIONS.—Section
176(a) of the National and Community Service Act of
1990 (42 U.S.C. 12636(a)) is amended—
(1) in paragraph (1), by inserting ‘‘, or revoke
the designation of positions, related to the grant or
contract, as approved national service positions,’’ be-
fore ‘‘whenever the Commission’’; and
(2) in paragraph (2)(B), by inserting ‘‘or re-
voked’’ after ‘‘terminated’’.
(b) CONSTRUCTION.—Section 176(e) of such Act (42
U.S.C. 12636(e)) is amended by adding before the period
the following ‘‘, other than assistance provided pursuant
to this Act’’.
192
(c) GRIEVANCE PROCEDURE.—Section 176(f) of such
Act is amended to read as follows:
‘‘(f) GRIEVANCE PROCEDURE.—
‘‘(1) IN GENERAL.—A State or local applicant
that receives assistance under this title shall estab-
lish and maintain a procedure for the filing and ad-
judication of grievances from participants, labor or-
ganizations, and other interested individuals con-
cerning projects that receive assistance under this
title, including grievances regarding proposed place-
ments of such participants in such projects.
‘‘(2) DEADLINE FOR GRIEVANCES.—Except for
a grievance that alleges fraud or criminal activity, a
grievance shall be made not later than 1 year after
the date of the alleged occurrence of the event that
is the subject of the grievance.
‘‘(3) DEADLINE
FOR
HEARING
AND
DECI-
SION.—
‘‘(A) HEARING.—A hearing on any griev-
ance conducted under this subsection shall be
conducted not later than 30 days after the fil-
ing of such grievance.
‘‘(B) DECISION.—A decision on any such
grievance shall be made not later than 60 days
after the filing of such grievance.
193
‘‘(4) ARBITRATION.—
‘‘(A) IN GENERAL.—
‘‘(i) JOINTLY
SELECTED
ARBITRA-
TOR.—In the event of a decision on a
grievance that is adverse to the party who
filed such grievance, or 60 days after the
filing of such grievance if no decision has
been reached, such party shall be per-
mitted to submit such grievance to binding
arbitration before a qualified arbitrator
who is jointly selected and independent of
the interested parties.
‘‘(ii) 
APPOINTED
ARBITRATOR.—If
the parties cannot agree on an arbitrator,
the Chairperson shall appoint an arbitrator
from a list of qualified arbitrators within
15 days after receiving a request for such
appointment from one of the parties to the
grievance.
‘‘(B) DEADLINE
FOR
PROCEEDING.—An
arbitration proceeding shall be held not later
than 45 days after the request for such arbitra-
tion proceeding, or, if the arbitrator is ap-
pointed by the Chairperson in accordance with
194
subparagraph (A)(ii), not later than 30 days
after the appointment of such arbitrator.
‘‘(C) DEADLINE FOR DECISION.—A deci-
sion concerning a grievance shall be made not
later than 30 days after the date such arbitra-
tion proceeding begins.
‘‘(D) COST.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the cost of an arbitra-
tion proceeding shall be divided evenly be-
tween the parties to the arbitration.
‘‘(ii) EXCEPTION.—If a participant,
labor organization, or other interested indi-
vidual described in paragraph (1) prevails
under a binding arbitration proceeding, the
State, local agency, public or private non-
profit organization, or partnership of such
agencies and organizations, that is a party
to such grievance shall pay the total cost
of such proceeding and the attorneys’ fees
of such participant, labor organization, or
individual, as the case may be.
‘‘(5) PROPOSED PLACEMENT.—If a grievance is
filed regarding a proposed placement of a partici-
pant in a project that receives assistance under this
195
title, such placement shall not be made unless the
placement is consistent with the resolution of the
grievance pursuant to this subsection.
‘‘(6) REMEDIES.—Remedies for a grievance
filed under this subsection include—
‘‘(A) suspension of payments for assistance
under this title;
‘‘(B) termination of such payments;
‘‘(C) prohibition of the placement described
in paragraph (5); and
‘‘(D) in a case in which the grievance in-
volves a violation of subsection (a) or (b) of sec-
tion 177 and the employer of the displaced em-
ployee is the recipient of assistance under this
title—
‘‘(i) reinstatement of the displaced
employee to the position held by such em-
ployee prior to displacement;
‘‘(ii) payment of lost wages and bene-
fits of the displaced employee;
‘‘(iii) reestablishment of other relevant
terms, conditions, and privileges of employ-
ment of the displaced employee; and
‘‘(iv) such equitable relief as is nec-
essary to correct any violation of sub-
196
section (a) or (b) of section 177 or to
make the displaced employee whole.
‘‘(7) ENFORCEMENT.—Suits to enforce arbitra-
tion awards under this section may be brought in
any district court of the United States having juris-
diction of the parties, without regard to the amount
in controversy and without regard to the citizenship
of the parties.’’.
SEC. 117. NONDISPLACEMENT.
Section 177(b)(3) of the National and Community
Service Act of 1990 (42 U.S.C. 12637(b)(3)) is amend-
ed—
(1) in subparagraph (B), to read as follows:
‘‘(B) SUPPLANTATION OF HIRING.—A par-
ticipant in any program receiving assistance
under this title shall not perform any services
or duties, or engage in activities, that—
‘‘(i) will supplant the hiring of em-
ployed workers; or
‘‘(ii) are services, duties, or activities
with respect to which an individual has re-
call rights pursuant to a collective bargain-
ing agreement or applicable personnel pro-
cedures.’’; and
(2) in subparagraph (C)(iii), to read as follows:
197
‘‘(iii) employee who—
‘‘(I) is subject to a reduction in
force; or
‘‘(II) has recall rights pursuant
to a collective bargaining agreement
or applicable personnel procedures;’’.
SEC. 118. EVALUATION.
Section 179 of the National and Community Service
Act of 1990 (42 U.S.C 12639) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1),
by striking ‘‘this title’’ and inserting ‘‘the na-
tional service laws’’; and
(B) in paragraph (2)—
(i) 
in 
the 
matter 
preceding
subpargraph (A), by striking ‘‘for purposes
of the reports required by subsection (j),’’
and inserting ‘‘with respect to the pro-
grams authorized under subtitle C’’; and
(ii) in subparagraph (A), by striking
‘‘older American volunteer programs’’ and
inserting 
‘‘National 
Senior 
Volunteer
Corps programs’’;
(2) in subsection (g)—
198
(A) in the matter preceding paragraph (1),
by striking ‘‘subtitle D’’ and inserting ‘‘subtitle
C’’; and
(B) in paragraphs (3) and (9), by striking
‘‘older American volunteer programs’’ and in-
serting ‘‘National Senior Volunteer Corps pro-
grams’’; and
(3) by striking subsections (i) and (j).
SEC. 119. ENGAGEMENT OF PARTICIPANTS.
Section 180 of the National and Community Service
Act of 1990 (42 U.S.C. 12640) is amended by striking
‘‘post-service benefits’’ and inserting ‘‘national service
educational awards’’.
SEC. 120. CONTINGENT EXTENSION.
(a) IN GENERAL.—Section 181 of the National and
Community Service Act of 1990 (42 U.S.C. 12641) is
amended to read as follows:
‘‘SEC. 181. CONTINGENT EXTENSION.
‘‘Section 414 of the General Education Provisions
Act (20 U.S.C. 1226a) shall apply to this Act.’’.
(b) TABLE OF CONTENTS.—Section 1(b) of the Na-
tional and Community Service Act of 1990 (Public Law
101–610; 104 Stat. 3127) is amended by striking the item
relating to sections 181 of such Act and inserting the fol-
lowing:
‘‘Sec. 181. Contingent extension.’’.
199
SEC. 121. REPEALS.
(a) IN GENERAL.—Subtitle F of title I of the Na-
tional and Community Service Act of 1990 (42 U.S.C.
12631 et seq.) is amended—
(1) by repealing sections 183, 185, and 186;
and
(2) by redesignating section 184 as section 183.
(b) TABLE OF CONTENTS.—Section 1(b) of the Na-
tional and Community Service Act of 1990 (Public Law
101–610; 104 Stat. 3127) is amended by striking the
items relating to sections 183, 184, and 185 of such Act
and inserting the following:
‘‘Sec. 183. Drug-free workplace requirements.’’.
TITLE II—ORGANIZATION
SEC. 201. STATE COMMISSIONS ON NATIONAL SERVICE.
(a) COMPOSITION AND DUTIES OF STATE COMMIS-
SIONS.—Subtitle F of title I of the National and Commu-
nity Service Act of 1990 is amended by striking section
178 (42 U.S.C. 12638) and inserting the following new
section:
‘‘SEC. 178. STATE COMMISSIONS ON NATIONAL SERVICE.
‘‘(a) EXISTENCE REQUIRED.—
‘‘(1) STATE COMMISSION.—Except as provided
in paragraph (2), to be eligible to receive a grant or
allotment under subtitle B or C or to receive a dis-
tribution of approved national service positions
200
under subtitle C, a State shall maintain a State
Commission on National Service that satisfies the
requirements of this section.
‘‘(2) ALTERNATIVE ADMINISTRATIVE ENTITY.—
The chief executive officer of a State may apply to
the Corporation for approval to use an alternative
administrative entity to carry out the duties other-
wise entrusted to a State Commission under this
Act. The chief executive officer shall ensure that any
alternative administrative entity used in lieu of a
State Commission still provides for the individuals
described in paragraphs (1) and (2) of subsection (c)
to play a significant policy-making role in carrying
out the duties otherwise entrusted to a State Com-
mission, including the submission of applications on
behalf of the State under sections 117B and 130.
‘‘(b) APPOINTMENT AND SIZE.—Except as provided
in subsection (c)(3), the members of a State Commission
for a State shall be appointed by the chief executive officer
of the State. A State Commission shall consist of not less
than 15 voting members.
‘‘(c) COMPOSITION AND MEMBERSHIP.—
‘‘(1) REQUIRED
MEMBERS.—The State Com-
mission for a State shall include as voting members
at least one of each of the following individuals:
201
‘‘(A) An individual with expertise in the
educational, training, and development needs of
youth, particularly disadvantaged youth.
‘‘(B) An individual with experience in pro-
moting the involvement of older Americans in
service and voluntarism.
‘‘(C) A representative of community action
agencies and community-based organizations
within the State, particularly those agencies
and organizations that—
‘‘(i) are located in areas of the State
with high rates of poverty;
‘‘(ii) provide a comprehensive range of
services to economically disadvantaged in-
dividuals and families;
‘‘(iii) have a demonstrated record of
effectiveness; and
‘‘(iv) are governed by a board com-
posed in significant part of economically
disadvantaged individuals.
‘‘(D) A youth who is or has been a partici-
pant in a service program.
‘‘(E) An individual with expertise in the
delivery of human, educational, environmental,
202
or public safety services to communities and
persons.
‘‘(F) The head of the State educational
agency.
‘‘(G) A representative of local governments
in the State.
‘‘(H) A representative of local labor orga-
nizations in the State.
‘‘(I) Representatives of business.
‘‘(2) ADDITIONAL MEMBERS.—The State Com-
mission for a State may also include as voting mem-
bers the following individuals:
‘‘(A) Representatives of entities which re-
ceive assistance under the Domestic Volunteer
Service Act of 1973 (42 U.S.C. 4950 et seq.).
‘‘(B) Educators.
‘‘(C) Individuals who are recognized for
their outstanding contributions as volunteers in
service to their community, State, and Nation.
‘‘(3) 
CORPORATION
REPRESENTATIVE.—The
representative of the Corporation designated under
section 195(b) for a State shall be a voting member
of the State Commission for that State.
‘‘(4) EX OFFICIO STATE REPRESENTATIVES.—
The chief executive officer of a State may appoint as
203
nonvoting ex officio members of the State Commis-
sion for the State representatives selected from
among officers and employees of State agencies op-
erating community service, youth service, education,
social service, senior service, and job training pro-
grams.
‘‘(5) LIMITATION ON NUMBER OF STATE EM-
PLOYEES
AS
MEMBERS.—The number of voting
members of a State Commission selected under
paragraph (1) or (2) who are officers or employees
of the State may not exceed 25 percent (reduced to
the nearest whole number) of the total membership
of the State Commission.
‘‘(d) MISCELLANEOUS MATTERS.—
‘‘(1) MEMBERSHIP BALANCE.—The chief execu-
tive officer of a State shall ensure that the member-
ship of the State Commission for the State is bal-
anced according to race, ethnic background, age,
and gender. Not more than 50 percent of the voting
members of a State Commission, plus 1 additional
member, may be from the same political party.
‘‘(2) TERMS.—Each member of the State Com-
mission for a State shall serve for a term of 3 years,
except that the chief executive officer of a State
204
shall initially appoint a portion of the members to
terms of 1 year and 2 years.
‘‘(3) VACANCIES.—As vacancies occur on a
State Commission, new members shall be appointed
by the chief executive of the State and serve for the
remainder of the term for which the predecessor of
such member was appointed. The vacancy shall not
affect the power of the remaining members to exe-
cute the duties of the State Commission.
‘‘(4) COMPENSATION.—A member of a State
Commission shall not receive any additional com-
pensation by reason of service on the State Commis-
sion, except that the State may authorize the reim-
bursement of travel expenses, including a per diem
in lieu of subsistence, in the same manner as other
employees serving intermittently in the service of the
State.
‘‘(5) CHAIRPERSON.—The voting members of a
State Commission shall elect one of the voting mem-
bers to serve as chairperson of the State Commis-
sion.
‘‘(6) LIMITATION
ON
MEMBER
PARTICIPA-
TION.—
‘‘(A) GENERAL
LIMITATION.—Except as
provided in subparagraph (B), a voting member
205
of the State Commission (or of an alternative
administrative entity) shall not participate in
the administration of the grant program (in-
cluding any discussion or decision regarding the
provision of assistance or approved national
service positions, or the continuation, suspen-
sion, or termination of such assistance or such
positions, to any program or entity) described
in subsection (e)(9) in any period during which
there is pending before the Commission (or
such entity) a grant applicant submitted by a
program or entity of which such member is, or
in the 1-year period before the submission of
such application was, an officer, director, trust-
ee, full-time volunteer, or employee.
‘‘(B) EXCEPTION.—If, as a result of the
operation of subparagraph (A), the number of
voting members of the Commission (or of such
entity) is insufficient to establish a quorum for
the purpose of administering such program,
then voting members excluded from participa-
tion by subparagraph (A) may participate in
the administration of such program, notwith-
standing the limitation in subparagraph (A), to
206
the extent permitted by regulations issued
under section 192A(h)(10) by the Corporation.
‘‘(C) RULE OF CONSTRUCTION.—Subpara-
graph (A) shall not be construed to limit the
authority of any voting member of the Commis-
sion (or of such entity) to participate in—
‘‘(i) discussion of, and hearing and fo-
rums on—
‘‘(I) the general duties, policies,
and operations of the Commission (or
of such entity); or
‘‘(II) the general administration
of such program; or
‘‘(ii) similar general matters relating
to the Commission (or such entity).
‘‘(e) DUTIES OF A STATE COMMISSION.—The State
Commission for a State shall be responsible for the follow-
ing duties:
‘‘(1) Preparation of a national service plan for
the State that—
‘‘(A) is developed through an open and
public process (such as through regional fo-
rums, hearings, and other means) that provides
for maximum participation and input from ex-
isting national service programs within the
207
State and other interested members of the pub-
lic;
‘‘(B) covers a 3-year period;
‘‘(C) is updated annually; and
‘‘(D) contains such information as the
State Commission considers to be appropriate
or as the Corporation may require.
‘‘(2) Preparation of the applications of the
State under sections 117B and 130 for financial as-
sistance.
‘‘(3) Assistance in the preparation of the appli-
cation of the State educational agency for assistance
under section 113.
‘‘(4) Preparation of the application of the State
under section 130 for the approval of service posi-
tions that include the national service educational
award described in subtitle D.
‘‘(5) Make recommendations to the Corporation
with respect to priorities for programs receiving as-
sistance under the Domestic Volunteer Service Act
of 1973.
‘‘(6) Make technical assistance available to en-
able applicants under section 121—
‘‘(A) to plan and implement service pro-
grams; and
208
‘‘(B) to apply for assistance under the na-
tional service laws using, if appropriate, infor-
mation and materials available through a clear-
inghouse established under section 198A.
‘‘(7) Assistance in the provision of health care
and child care benefits under section 140 to partici-
pants in national service programs that receive as-
sistance under section 121.
‘‘(8) Development of a State system for the re-
cruitment and placement of participants in national
service programs that receive assistance under the
national service laws and dissemination of informa-
tion concerning national service programs that re-
ceive assistance and approved national service posi-
tions.
‘‘(9) Administration of the grant program in
support of national service programs that is con-
ducted by the State using assistance provided to the
State under section 121, including selection, over-
sight, and evaluation of grant recipients.
‘‘(10) Development of projects, training meth-
ods, curriculum materials, and other materials and
activities related to national service programs that
receive assistance from the State using assistance
provided under section 121.
209
‘‘(f) ACTIVITY INELIGIBLE
FOR ASSISTANCE.—A
State Commission may not directly carry out any national
service program that receives assistance under section
121.
‘‘(g) DELEGATION.—Subject to such requirements as
the Corporation may prescribe, a State Commission may
delegate nonpolicymaking duties to a State agency or pub-
lic or private nonprofit organization.
‘‘(h) APPROVAL OF STATE COMMISSION OR ALTER-
NATIVE.—
‘‘(1) SUBMISSION TO CORPORATION.—The chief
executive officer for a State shall notify the Corpora-
tion of the establishment or designation of the State
Commission for the State. The notification shall in-
clude a description of—
‘‘(A) the composition and membership of
the State Commission; and
‘‘(B) the authority of the State Commis-
sion regarding national service activities carried
out by the State.
‘‘(2) APPROVAL OF ALTERNATIVE ADMINISTRA-
TIVE ENTITY.—Any use of an alternative adminis-
trative entity to carry out the duties of a State Com-
mission shall be subject to the approval of the Cor-
poration.
210
‘‘(3) REJECTION.—The Corporation may reject
a State Commission if the Corporation determines
that the composition, membership, or duties of the
State Commission do not comply with the require-
ments of this section. The Corporation shall reject a
request to use an alternative administrative entity in
lieu of a State Commission if the Corporation deter-
mines that use of the alternative administrative en-
tity does not allow the individuals described in para-
graphs (1) and (2) of subsection (c) to play a sig-
nificant policy-making role in carrying out the duties
otherwise entrusted to a State Commission. If the
Corporation rejects a State Commission or alter-
native administrative entity under this paragraph,
the Corporation shall promptly notify the State of
the reasons for the rejection.
‘‘(4) RESUBMISSION AND RECONSIDERATION.—
The Corporation shall provide a State notified under
paragraph (3) with a reasonable opportunity to re-
vise the rejected State Commission or alternative ad-
ministrative entity. At the request of the State, the
Corporation shall provide technical assistance to the
State as part of the revision process. The Corpora-
tion shall promptly reconsider any resubmission of a
notification under paragraph (1) or application to
211
use an alternative administrative entity under para-
graph (2).
‘‘(5) SUBSEQUENT CHANGES.—This subsection
shall also apply to any change in the composition or
duties of a State Commission or an alternative ad-
ministrative entity made after approval of the State
Commission or the alternative administrative en-
tity.’’.
(b) TABLE OF CONTENTS.—Section 1(b) of the Na-
tional and Community Service Act of 1990 (Public Law
101–610; 104 Stat. 3127) is amended by striking the item
relating to section 178 and inserting the following new
item:
‘‘Sec. 178. State Commissions on National Service.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
(d) TRANSITIONAL PROVISIONS.—
(1) USE OF ALTERNATIVES TO STATE COMMIS-
SION.—If a State does not have a State Commission
on National Service that satisfies the requirements
specified in section 178 of the National and Commu-
nity Services Act of 1990, as amended by subsection
(a), the Corporation for National Service may au-
thorize the chief executive of the State to use an ex-
isting agency of the State to perform the duties oth-
212
erwise reserved to a State Commission under sub-
section (e) of such section.
(2) APPLICATION OF SUBSECTION.—This sub-
section shall apply only during the 18-month period
beginning on the date of the enactment of this Act.
SEC. 202. INTERIM AUTHORITIES OF THE CORPORATION
FOR NATIONAL SERVICE AND ACTION AGEN-
CY.
(a) NATIONAL AND COMMUNITY SERVICE ACT OF
1990.—Subtitle G of title I of the National and Commu-
nity Service Act of 1990 (42 U.S.C. 12651) is amended
to read as follows:
‘‘Subtitle G—Corporation for
National Service
‘‘SEC. 191. CORPORATION FOR NATIONAL SERVICE.
‘‘There is established a Corporation for National
Service that shall administer the programs established
under this Act. The Corporation shall be a Government
corporation, as defined in section 103 of title 5, United
States Code.
‘‘SEC. 192. BOARD OF DIRECTORS.
‘‘(a) COMPOSITION.—
‘‘(1) IN GENERAL.—There shall be in the Cor-
poration a Board of Directors (referred to in this
subtitle as the ‘Board’) that shall be composed of—
213
‘‘(A) not less than 15 members, including
the Chairperson appointed under section 193,
to be appointed by the President, by and with
the advice and consent of the Senate; and
‘‘(B) the ex officio members described in
paragraph (4).
‘‘(2) QUALIFICATIONS.—To the maximum ex-
tent practicable, the President shall appoint mem-
bers—
‘‘(A) who have extensive experience in vol-
unteer and service programs, including pro-
grams funded under one of the national service
laws, and in State government;
‘‘(B) who represent a broad range of view-
points;
‘‘(C) who are experts in the delivery of
human, educational, environmental, or public
safety services;
‘‘(D) so that the Board shall be diverse ac-
cording to race, ethnicity, age, and gender; and
‘‘(E) so that no more than 50 percent of
the appointed members of the Board, plus 1 ad-
ditional appointed member, are from a single
political party.
214
‘‘(3) EX OFFICIO MEMBERS.—The Secretary of
Education, the Secretary of Health and Human
Services, the Secretary of Labor, the Secretary of
the Interior, the Secretary of Agriculture, the Sec-
retary of Housing and Urban Development, the Sec-
retary of Defense, the Attorney General, the Direc-
tor of the Peace Corps, and the Administrator of the
Environmental Protection Agency shall serve as ex
officio nonvoting members of the Board.
‘‘(b) TERMS.—Each appointed member of the Board
shall serve for a term of 5 years, except that, as designated
by the President—
‘‘(1) 3 of the members first appointed to the
Board shall serve for a term of 1 year;
‘‘(2) 3 of the members first appointed to the
Board shall serve for a term of 2 years;
‘‘(3) 3 of the members first appointed to the
Board shall serve for a term of 3 years;
‘‘(4) 3 of the members first appointed to the
Board shall serve for a term of 4 years; and
‘‘(5) the remainder of the members first ap-
pointed to the Board shall serve for a term of 5
years.
‘‘(c) VACANCIES.—As vacancies occur on the Board,
new members shall be appointed by the President, by and
215
with the advice and consent of the Senate, and serve for
the remainder of the term for which the predecessor of
such member was appointed. The vacancy shall not affect
the power of the remaining members to execute the duties
of the Board.
‘‘SEC. 192A. AUTHORITIES AND DUTIES OF THE BOARD OF
DIRECTORS.
‘‘(a) MEETINGS.—The Board shall meet not less than
3 times each year. The Board shall hold additional meet-
ings at the call of the Chairperson or if a majority of the
members of the Board request such meetings in writing.
In addition, the Board (or designated members of the
Board) shall conduct periodic public hearings throughout
the United States to examine and review operation of the
national service laws.
‘‘(b) QUORUM.—A majority of the appointed mem-
bers of the Board shall constitute a quorum.
‘‘(c) OFFICERS.—
‘‘(1) VICE
CHAIRPERSON.—The Board shall
elect a Vice Chairperson from among its member-
ship. The Vice Chairperson may conduct meetings of
the Board in the absence of the Chairperson.
‘‘(2) OTHER OFFICERS.—The Board may elect
from among its membership such additional officers
216
of the Board as the Board determines to be appro-
priate.
‘‘(d) INSPECTOR GENERAL OVERSIGHT COMMIT-
TEE.—The Board shall establish an Inspector General
oversight committee (referred to in this subtitle as the
‘oversight committee’). Such committee shall be comprised
of the Vice Chairperson and two members selected by the
Vice Chairperson. The Chairperson shall not serve on the
oversight committee.
‘‘(e) EXPENSES.—While away from their homes or
regular places of business on the business of the Board,
members of such Board shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of chap-
ter 57 of title 5, United States Code, for persons employed
intermittently in the Government service.
‘‘(f) SPECIAL GOVERNMENT EMPLOYEES.—For pur-
poses of the provisions of chapter 11 of part I of title 18,
United States Code, and any other provision of Federal
law, a member of the Board (to whom such provisions
would not otherwise apply except for this subsection) shall
be a special Government employee.
‘‘(g) STATUS OF MEMBERS.—
‘‘(1) OTHER CLAIMS.—A member of the Board
has no personal liability under Federal law with re-
217
spect to any claim arising out of or resulting from
any act or omission by such person, within the scope
of the service of the member on the Board, in con-
nection with any transaction involving the provision
of financial assistance by the Corporation. This
paragraph shall not be construed to limit personal li-
ability for criminal acts or omissions, willful or mali-
cious misconduct, acts or omissions for private gain,
or any other act or omission outside the scope of the
service of such member on the Board.
‘‘(2) EFFECT ON OTHER LAW.—This subsection
shall not be construed—
‘‘(A) to affect any other immunities and
protections that may be available to such mem-
ber under applicable law with respect to such
transactions;
‘‘(B) to affect any other right or remedy
against the Corporation, against the United
States under applicable law, or against any per-
son other than a member of the Board partici-
pating in such transactions; or
‘‘(C) to limit or alter in any way the im-
munities that are available under applicable law
for Federal officials and employees not de-
scribed in this subsection.
218
‘‘(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, assist-
ance, and payments made by the Corporation, and
with respect to such standards, policies, procedures,
programs, 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;
‘‘(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 com-
pliance 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;
219
‘‘(4) receive reports issued by the Inspector
General 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
respect 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;
‘‘(9) carry out any other activities determined
to be appropriate by the Chairperson; and
‘‘(10) for purposes of subsection (i)(2) and sec-
tion 178(d)(6)(B), issue regulations to waive the dis-
qualification of members of the Board and members
of the State Commission (or of an alternative ad-
ministrative entity) selectively in a random, non-
discretionary manner and only to the extent nec-
essary to establish the quorum involved, including
rules that forbid each member of the Board and
220
each voting member of a State Commission (or of
such entity) to participate in any discussion or deci-
sion regarding the provision of assistance or ap-
proved national service positions, or the continu-
ation, suspension, or termination of such assistance
or such positions, to any program or entity of which
such member of the Board or such member of the
State Commission (or of such entity) is, or in the 1-
year period before the submission of such application
was, an officer, director, trustee, full-time volunteer,
or employee.
‘‘(i) LIMITATION ON PARTICIPATION.—
‘‘(1) GENERAL
LIMITATION.—Except as pro-
vided in paragraph (2), a member of the Board shall
not participate in the administration of the grant
program (including any discussion or decision re-
garding the provision of assistance or approved na-
tional service positions, or the continuation, suspen-
sion, or termination of such assistance or such posi-
tions, to any program or entity) described in section
121 in any period during which there is pending be-
fore the Corporation a grant application submitted
by a program or entity of which such member of the
Board is, or in the 1-year period before the submis-
221
sion of such application was, an officer, director,
trustee, partner, full-time volunteer, or employee.
‘‘(2) EXCEPTION.—If, as a result of the oper-
ation of paragraph (1), the number of members of
the Board is insufficient to establish a quorum for
the purpose of administering such program, then
members excluded from participation by paragraph
(1) may participate in the administration of such
program, notwithstanding the limitation in para-
graph (1), to the extent permitted by regulations is-
sued under subsection (h)(10) by the Corporations.
‘‘(3) RULE OF CONSTRUCTION.—Paragraph (1)
shall not be construed to limit the authority of a
member of the Board to participate in—
‘‘(A) discussions of, and hearings and fo-
rums on—
‘‘(i) the general duties, policies, and
operations of the Commission (or of such
entity); or
‘‘(ii) the general administration of
such program; or
‘‘(B) similar general matters relating to
the Corporation.
‘‘(j) COORDINATION WITH OTHER FEDERAL ACTIVI-
TIES.—As part of the agenda of meetings of the Board
222
under subsection (a), the Board shall review projects and
programs conducted or funded by the Corporation under
the national service laws to improve the coordination be-
tween such projects and programs and the activities of
other Federal agencies that deal with the individuals and
communities participating in or benefiting from such
projects and programs. The ex officio members of the
Board specified in section 192(a)(3) are encouraged to
jointly plan, implement, and fund activities in connection
with projects and programs conducted under the national
service laws to ensure that Federal efforts attempt to ad-
dress the total needs of participants, their communities,
and the persons and communities they serve.
‘‘SEC. 193. CHAIRPERSON AND DIRECTOR.
‘‘(a) APPOINTMENT.—The Corporation shall be head-
ed 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
compensated at the rate provided for level III of the Exec-
utive Schedule under section 5314 of title 5, United States
Code.
223
‘‘(c) REGULATIONS.—The Chairperson shall pre-
scribe such rules and regulations as are necessary or ap-
propriate 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—
‘‘(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
necessary 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
224
pursuant to the national service laws, in accordance
with section 176;
‘‘(5) prepare and submit to the Board an an-
nual report, and such interim reports as may be nec-
essary, describing the major actions of the Chair-
person with respect to the personnel of the Corpora-
tion, and with respect to such standards, policies,
procedures, programs, and initiatives;
‘‘(6) notify, and provide an explanation to, the
Board regarding any substantial differences between
the actions of the Chairperson and the strategic plan
described in section 192A(h)(2); and
‘‘(7) prepare and submit to the appropriate
committees of Congress an annual report, and such
interim reports as may be necessary, describing—
‘‘(A) the services referred to in paragraph
(1), and the money and property referred to in
paragraph (2), of section 196(a) that have been
accepted by the Corporation; and
‘‘(B) the manner in which the Corporation
used or disposed of such services, money, and
property.
‘‘(c) POWERS.—In addition to the authority conferred
on the Chairperson under any other provision of this Act,
the Chairperson may—
225
‘‘(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
functions 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
possible 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
political subdivision of a State, accept and utilize the
services and facilities of the agencies of such State
or subdivisions without reimbursement;
226
‘‘(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
Chairperson shall determine to be appropriate to
public agencies, private organizations, and the gen-
eral public;
‘‘(6) collect or compromise all obligations to or
held by the Chairperson and all legal or equitable
rights accruing to the Chairperson in connection
with the payment of obligations in accordance with
chapter 37 of title 31, United States Code (com-
monly 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 regu-
lation, for rent of buildings and space in buildings
and for repair, alteration, and improvement of build-
ings and space in buildings rented by the Chair-
person;
‘‘(8) file a civil action in any court of record of
a State having general jurisdiction or in any district
227
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
provisions of this Act, as the Chairperson determines
to be necessary or appropriate to carry out such pro-
visions.
‘‘(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.
‘‘(2) IN GENERAL.—Except as otherwise pro-
hibited by law or provided in this Act, the Chair-
person may delegate any function under this Act,
and authorize such successive redelegations of such
function as may be necessary or appropriate. No del-
egation 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 administration of such function.
228
‘‘(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
under the control of the Chairperson or the Board;
and
‘‘(4) nothing in this section shall be construed
to except litigation arising out of activities under
this Act from the application of sections 509, 517,
547, and 2679 of title 28, United States Code.
‘‘(f) FULL FUNDING
OF COSTS
TO STATE
AND
LOCAL GOVERNMENTS OF REQUIREMENTS UNDER NA-
TIONAL SERVICE LAWS.—Notwithstanding any other pro-
vision of law, a national service law may not impose any