PSA Act

Bill: 118-s-5053
Sponsor: full_name: Sen. Coons, Christopher A. [D-DE]
Introduced: 2024-09-12
Policy area: Labor and Employment
Latest action: action_date: 2024-09-12
text: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 5053 IN THE SENATE OF THE UNITED STATES September 12, 2024 Mr. Coons (for himself, Mr. Cassidy , Mr. Reed , Mr. Wicker , Mr. Heinrich , and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To reauthorize the national service laws, and for other purposes.

1. Short title This Act may be cited as the Promoting Service through AmeriCorps Act or the PSA Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Program modernization Subtitle A—Program flexibilities Sec. 101. Expansion of national service positions with shorter periods of service. Sec. 102. National civilian community corps term extension authority. Sec. 103. Increased age eligibility range for the national civilian community corps. Sec. 104. Timekeeping. Sec. 105. Administrative costs. Sec. 106. Spending flexibility. Sec. 107. Volunteer generation fund. Subtitle B—Organizational modernization Sec. 111. Office of alumni engagement. Sec. 112. Clarification regarding 5-year terms for all board of directors appointees. TITLE II—Member experience Sec. 201. Educational awards. Sec. 202. Workforce development. Sec. 203. Increasing education award limit. Sec. 204. Alignment of benefits. Sec. 205. Non-competitive hiring eligibility. TITLE III—Miscellaneous provisions Sec. 301. Clerical amendments. Sec. 302. Authorization of appropriations. Sec. 303. Effective date. I Program modernization A Program flexibilities 101. Expansion of national service positions with shorter periods of service (a) 1,500 hour program (1) In general Section 139(b)(1) of the National and Community Service Act of 1990 ( 42 U.S.C. 12593 ) is amended— (A) by striking position for and inserting “position— (A) for ; (B) by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (B) for not less than 1,500 hours during a period of not more than 1 year. . (2) Educational award amount Section 147 of the National and Community Service Act of 1990 ( 42 U.S.C. 12603 ) is amended— (A) in subsection (a)— (i) by striking (a) Amount for full-time national service .— Except as and inserting the following: (a) Amount for full-time national service (1) 1,700-hour program Except as ; (ii) by inserting described in section 139(b)(1)(A) after full-time national service ; and (iii) by adding at the end the following: (2) 1,500 hour program Except as provided in subsection (c) or section 149A(a)(1), an individual described in section 146(a) who successfully completes a required term of full-time national service described in section 139(b)(1)(B) in an approved national service position shall receive a national service educational award having a value equal to 88 percent of value of the national service educational award determined under paragraph (1). ; and (B) in subsection (b), by striking subsection (a) and inserting subsection (a)(1) . (b) Season of service The National and Community Service Act of 1990 ( 42 U.S.C. 12501 et seq. ) is amended— (1) in section 153(d) ( 42 U.S.C. 12613(d) )— (A) by striking nine months and inserting eight weeks ; and (B) by striking such period and inserting year. A period of service performed by an individual in an originally agreed to term of service and service performed under any renewed agreement shall constitute a single term of service for purposes of subsections (b)(1) and (c) of section 146. ; and (2) in section 156(a) ( 42 U.S.C. 12616(a) ), by striking with between three and six weeks of . 102. National civilian community corps term extension authority Section 139(b)(4)(A) of the National and Community Service Act of 1990 ( 42 U.S.C. 12593(b)(4)(A) ) is amended— (1) by striking An individual and inserting the following: (i) Disaster relief An individual ; (2) by striking or section 153(d) ; and (3) by adding at the end the following: (ii) Other programs An individual in an approved national service position in a program under section 152(a) may, upon the approval of the Director of the National Civilian Community Corps, continue in a term of service for up to 180 days beyond the period otherwise specified in section 153(d) or 90 days beyond the period otherwise specified in section 154(c). . 103. Increased age eligibility range for the national civilian community corps Section 153(b)(1) of the National and Community Service Act of 1990 ( 42 U.S.C. 12613(b)(1) ) is amended by striking 24 and inserting 26 . 104. Timekeeping Not later than 180 days after the date of enactment of this Act, the Chief Executive Officer of the Corporation for National and Community Service and the Inspector General of the Corporation for National and Community Service shall each submit a report to Congress on— (1) the timekeeping practices of the Corporation regarding service in an approved national service position (as such term is defined in section 101 of the National and Community Service Act of 1990 ( 42 U.S.C. 12511 )); (2) the feasibility and potential impact of requiring that records supporting the provision of any living allowance or other benefit provided for service in such an approved national service position meet the standards described in the portion of section 200.430 of title 2, Code of Federal Regulations, that relates to standards for documentation of personnel expenses (or any successor regulation) for charges to Federal awards for salaries and wages as if the living allowance or other benefit was such a salary or wage; and (3) any recommendations on improving the timekeeping practices of the Corporation described in paragraph (1) to ensure the appropriate use of Federal funds. 105. Administrative costs Section 121(d) of the National and Community Service Act of 1990 ( 42 U.S.C. 12571(d) ) is amended— (1) in the heading, by striking Five and inserting Ten ; and (2) in the matter preceding paragraph (1), by striking 5 and inserting 10 . 106. Spending flexibility (a) Reinvestment of unobligated and expiring funds (1) In general Section 196 of the National and Community Service Act of 1990 ( 42 U.S.C. 12651g ) is amended by adding at the end the following: (d) Reinvestment of unobligated and expiring funds (1) Establishment of fund There is established in the Treasury of the United States a fund to be known as the Unobligated and Expiring Amounts Fund , referred to in this subsection as the Fund . (2) Amounts in fund Any amounts appropriated for expenses of the Corporation to carry out the national service laws that are unobligated and would otherwise expire on September 30 of a fiscal year shall, on such September 30 of that fiscal year, be transferred to the Fund and remain available until expended. (3) Use of fund The Corporation may use amounts available in the Fund to— (A) administer the national service laws; (B) modernize technology used in the administration of the national service laws; (C) provide the training and technical assistance described in section 199N; or (D) deposit amounts in the National Service Trust established under section 145(a). . (2) Conforming amendments Section 145(a) of the National and Community Service Act of 1990 ( 42 U.S.C. 12601(a) ) is amended— (A) in paragraph (3), by striking and ; (B) in paragraph (4), by striking the period and inserting ; and ; and (C) by adding at the end the following: (5) any amounts deposited under section 196(d)(3)(D). . (b) Expenditure of investment income in the National Service Trust (1) In general Section 145(c) of the National and Community Service Act of 1990 ( 42 U.S.C. 12601(c) ) is amended— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (B) in the matter preceding subparagraph (A) (as so redesignated)— (i) by striking to the extent provided for in advance by appropriation and inserting as described in paragraph (2) ; and (ii) by striking Amounts and inserting the following: (1) Use of amounts in trust Amounts ; and (C) by adding at the end the following: (2) Availability of amounts in trust (A) Appropriations Amounts in the National Service Trust that are described in paragraph (1) of subsection (a) shall be available under paragraph (1) of this subsection to the extent provided for in advance by appropriation. (B) Other amounts Amounts in the National Service Trust that are described in paragraph (2), (3), (4), or (5) of subsection (a) shall be available under paragraph (1) of this subsection without further appropriation and without fiscal year limitation. . (2) Conforming amendment Section 149 of the National and Community Service Act of 1990 ( 42 U.S.C. 12606 ) is amended by striking subsection (d). 107. Volunteer generation fund (a) Matching requirement Section 198P(f) of the National and Community Service Act of 1990 ( 42 U.S.C. 12653p(f) ) is amended by striking exceed— and all that follows through the period at the end and inserting exceed 75 percent of such cost. . (b) Administrative costs Section 198P(e) of the National and Community Service Act of 1990 ( 42 U.S.C. 12653p(e) ) is amended by striking 5 and inserting 10 . B Organizational modernization 111. Office of alumni engagement Subtitle H of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12653 et seq. ) is amended by adding at the end the following: VI Alumni Engagement 198T. Office of Alumni Engagement (a) In general There is established in the Corporation an Office of Alumni Engagement. The Office of Alumni Engagement shall be headed by an Officer of Alumni Engagement, who shall be designated by the Chief Executive Officer pursuant to section 195(b). (b) Duties The Officer of Alumni Engagement shall— (1) oversee and facilitate the interaction by alumni with current and future participants and the broader service community to promote a broader culture of service and strengthen participant recruitment and support; (2) reinforce pathways between national service, education, and workforce opportunities; (3) reinforce the relationship between national, public, and military service, in accordance with the final report and recommendations transmitted by the National Commission on Military, National, and Public Service under section 555 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ); and (4) provide data on the long-term impacts of service on the life trajectory of alumni and to continue engaging alumni beyond their term of service. (c) Definition of alumni For purposes of the this section, the term alumni means individuals who have successfully completed a term of service in a national service program. . 112. Clarification regarding 5-year terms for all board of directors appointees (a) In general Section 192 of the National and Community Service Act of 1990 ( 42 U.S.C. 12651a ) is amended— (1) in subsection (c), by inserting from the date on which the member takes office before the period; and (2) in subsection (d)— (A) by striking Board, a and inserting Board (whether due to the expiration of the term of a member of the Board or prior to such expiration), a ; and (B) by striking serve for and all that follows through the period at the end of the first sentence and inserting serve for a 5-year term described in subsection (c). . (b) Effective date The amendments made by subsection (a) shall apply to members of the Board of Directors of the Corporation for National and Community Service appointed under section 192 of the National and Community Service Act of 1990 ( 42 U.S.C. 12651a ) on or after the date of enactment of this Act. II Member experience 201. Educational awards (a) Removal of certain transfer restrictions Section 148(f) of the National and Community Service Act of 1990 ( 42 U.S.C. 12604(f) ) is amended— (1) in paragraph (2)(A)— (A) by striking (A)(i) the and inserting (A) the ; (B) by striking and and inserting or ; and (C) by striking clause (ii); and (2) in paragraph (5), by striking the child, foster child, or grandchild and inserting designated individual ; and (3) in paragraph (8)— (A) in subparagraph (A), by inserting and after the semicolon at the end; (B) in subparagraph (B)— (i) by striking paragraphs and inserting paragraph ; (ii) by striking and (4) ; and (iii) by striking ; and and inserting a period; and (C) by striking subparagraph (C). (b) Uniform segal americorps education award transferability Section 148(f)(2)(A) of the National and Community Service Act of 1990 ( 42 U.S.C. 12604(f)(2)(A) ), as amended by subsection (a), is further amended by striking a national service program that receives a grant under subtitle C and inserting an approved national service position . (c) Treatment of transferred awards for purposes of aggregate limit Section 146(c) of the National and Community Service Act of 1990 ( 42 U.S.C. 12602(c) ) is amended— (1) by striking (c) Limitation on Receipt of National Service Educational Awards .—An individual and inserting the following: (c) Limitation on Receipt of National Service Educational Awards (1) In general Except as provided in paragraph (3), an individual ; (2) by striking service. The value and inserting the following: “service. (2) Summer of service awards The value ; and (3) by adding at the end the following: (3) Effect of transfer of award A national service education award or a silver scholar educational award transferred in accordance with section 148(g) shall not be included, for purposes of paragraph (1), in the amount received through national service educational awards and silver scholar educational awards of the individual who received such a transferred award. . 202. Workforce development (a) Time period for use of award Section 146(d) of the National and Community Service Act of 1990 ( 42 U.S.C. 12602(d) ) is amended— (1) in paragraph (1), by striking 7-year period and inserting 10-year period ; (2) in paragraph (2), by striking 7-year period, or 10-year period, as appropriate and inserting 10-year period ; and (3) in paragraph (3), by striking seven-year period and inserting 10-year period . (b) Use of educational award for nontraditional educational opportunities (1) In general Section 148 of the National and Community Service Act of 1990 ( 42 U.S.C. 12604 ) is amended— (A) in subsection (a)— (i) in paragraph (4), by striking and ; (ii) in paragraph (5), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (6) to pay expenses related to enrolling in an eligible career pathway program or an eligible job training program in accordance with subsection (f); and ; (B) by redesignating subsections (f) (as amended by section 201), (g), and (h) as subsections (g), (h), and (i), respectively; and (C) by inserting after subsection (e) the following: (f) Use of educational award for expenses related to a nontraditional educational opportunity (1) In general The Corporation shall by regulation provide for the payment of national service educational awards, summer of service educational awards, and silver scholar educational awards to permit eligible individuals to participate in an eligible career pathway program. (2) Eligible career pathway program The term eligible career pathway program means a program that— (A) meets the requirements of section 484(d)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(d)(2) ); (B) is listed on the provider list under section 122(d) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3152(d) ); (C) is part of a career pathway, as defined in section 3 of that Act ( 29 U.S.C. 3102 ); and (D) is aligned to a program of study as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 ). . (2) Conforming amendments The National and Community Service Act of 1990 is amended— (A) in section 146(d)(3) ( 42 U.S.C. 12602(d)(3) ), by striking 148(f)(8) and inserting 148(g)(8) ; and (B) in section 146A(a) ( 42 U.S.C. 12602a ), by striking 148(f)(8) and inserting 148(g)(8) . 203. Increasing education award limit (a) In general Section 138 of the National and Community Service Act of 1990 ( 42 U.S.C. 12592 ) is amended by striking subsection (c) and inserting the following: (c) Additional terms (1) In general Subject to paragraph (2), acceptance into a national service program to serve another term of service under section 139 shall only be available to individuals who perform satisfactorily in each prior term of service. (2) Maximum terms Subject to paragraph (3), an individual may not be selected to serve more than 4 terms of full-time service described under section 139(b)(1). (3) Waiver The Corporation may waive the limit under paragraph (2) at the request of a State Commission. . (b) Education award Section 146(c)(1) of the National and Community Service Act of 1990 ( 42 U.S.C. 12602(c)(1) ), as designated by section 201(c), is further amended by striking 2 and inserting 4 . 204. Alignment of benefits Title I of the National and Community Service Act of 1990 is amended— (1) in section 139(b)(3) ( 42 U.S.C. 12593(b)(3) ), by inserting or stipend after educational award ; (2) in section 141 ( 42 U.S.C. 12595 )— (A) in the heading, by inserting and stipend after awards ; (B) in subsection (a), by striking A participant and inserting Except as provided in subsection (c), a participant ; (C) by adding at the end the following: (c) Payment option A participant in a national service program carried out using assistance provided to an applicant under section 121 may elect to receive a stipend described in section 149A in lieu of the national service educational award. . (3) in subtitle D ( 42 U.S.C. 12601 et seq. )— (A) in the subtitle heading, by inserting or stipend after awards ; (B) in section 145 ( 42 U.S.C. 12601 )— (i) in subsection (a)(1)(A), by striking and silver scholar educational awards and inserting silver scholar educational awards, and stipends under section 149A ; (ii) in subsection (c)(1), as amended by section 106(b)— (I) in subparagraph (A), by striking ; and and inserting a semicolon; (II) by redesignating subparagraph (B) as subparagraph (C); and (III) by inserting after subparagraph (A) the following: (B) stipends under section 149A; and ; and (iii) in subsection (d), by striking or silver scholar awards each place it appears and inserting silver scholar educational awards, or stipends under section 149A ; (C) in section 146 ( 29 U.S.C. 12602 )— (i) in subsection (a)— (I) in the matter preceding paragraph (1) by striking or silver scholar educational award and inserting silver scholar educational award, or stipends under section 149A and (II) in paragraph (2)— (aa) in subparagraph (A), by striking award, and inserting award or a stipend under section 149A(a)(1) ; and (bb) in subparagraph (B), in the matter preceding clause (i), by striking award and inserting award or stipend under section 149A(a)(2) ; and (ii) in subsection (c)(1), as designated by section 201(c), by striking and silver scholar educational awards and inserting silver scholar educational award, and payments under section 149A ; (D) in section 147 ( 29 U.S.C. 12603 )— (i) in subsection (a)(1), as designated by section 101(a)(2), by striking subsection (c), and inserting subsection (c) or section 149A(a)(1) ; (ii) in subsection (b), by striking subsection (c), and inserting subsection (c) or section 149A(a)(2) ; and (iii) in subsection (c), by striking If and inserting Except as provided in section 149A(a)(1), if ; (E) in section 148 ( 29 U.S.C. 12604 )— (i) in subsection (a), as amended by section 202(b), by adding at the end the following: (7) to provide stipends under section 149A in lieu of a national service educational award. ; and (ii) in subsection (h), as redesignated by section 202(b), by striking or silver scholar educational award and inserting silver scholar educational award, or a stipend under section 149A ; (F) in section 149 ( 29 U.S.C. 12606 )— (i) in subsection (b)(2)— (I) in subparagraph (A), by inserting or stipends under section 149A after national service educational awards ; and (II) in subparagraph (B), by inserting or stipends under section 149A after national service educational awards ; and (ii) in subsection (d), by inserting or stipends under section 149A after 148 ; and (G) by adding at the end the following: 149A. Stipend (a) In general (1) Full-time An individual described in section 146(a) who, except as provided in paragraph (2), successfully completes a required full-time term of national service may elect to receive a stipend of an amount described in subsection (b) in lieu of a national service educational award. The Corporation may not provide a stipend under this subsection to an individual who receives a national service educational award under this subtitle for the completion of such term of national service. (2) Partial completion of service If an individual serving in an approved national service position is released in accordance with section 139(c)(1)(A) from completing the full-time term of service agreed to by the individual, the Corporation may provide the individual with a stipend under paragraph (1) in the amount described under subsection (b) that is applicable for the individual and that corresponds to the quantity of the term of service actually completed by the individual. (b) Amount A stipend under subsection (a)(1) shall be for an amount that is equivalent to the rate set for stipends provided to volunteers under section 105(a) of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4955(a) ). (c) Terms A stipend under subsection (a)(1) shall be provided in the same manner and in accordance with any regulations prescribed with respect to stipends provided to volunteers under section 105(a) of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4955(a) ). . 205. Non-competitive hiring eligibility (a) National and Community Service Act of 1990 Title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12511 et seq. ) is amended by inserting after section 189D ( 42 U.S.C. 12645g ) the following: 189E. Non-competitive hiring eligibility (a) Definitions In this section: (1) Agency The term agency means an agency, office, or other establishment in the executive branch of the Federal Government. (2) Competitive service The term competitive service has the meaning given the term in section 2102 of title 5, United States Code. (b) In general Notwithstanding any provision of chapter 33 of title 5, United States Code, governing appointments in the competitive service, and under such regulations as the Director of the Office of Personnel Management shall prescribe, the head of any agency may, in accordance with subsections (c) and (e), noncompetitively appoint any individual who is certified under subsection (d) to a position in the competitive service for which the individual is otherwise qualified. (c) Appointment in permanent position Any person appointed to a permanent position under subsection (a) shall— (1) become a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure; and (2) acquire competitive status upon completion of any prescribed probationary period. (d) Certification of individual (1) In general The Chief Executive Officer may certify an individual under this subsection if the individual successfully completed— (A) a term of national service as a Team Leader or Member, as described in paragraph (1) or (4) of section 155(b), in the AmeriCorps National Civilian Community Corps program component described in section 153; (B) a period of service of not less than one year as a volunteer or designated volunteer leader under part A of title I of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4950 et seq. ); or (C) not less than 1,700 hours of service under section 139(b)(1) as a participant under section 137. (2) Reliance on other certifications In making any certification under paragraph (1), the Chief Executive Officer may rely on a certification made by the entity that selected the individual for, and supervised the individual in, the activity described in subparagraph (A), (B), or (C) of such paragraph. (3) Erroneous or incorrect certification If the Chief Executive Officer determines that a certification under paragraph (1) is erroneous or incorrect, the Corporation shall, after considering the full facts and circumstances surrounding the erroneous or incorrect certification, take action as permitted under law. (e) Period of appointment The head of any agency may make an appointment of an individual under subsection (b)— (1) not later than 1 year after the date of completion by the individual of an activity described in subparagraph (A), (B), or (C) of subsection (d)(1); or (2) not later than 3 years after such date in the case of an individual who, following such service, was engaged— (A) in military service, (B) in the pursuit of studies at a recognized institution of higher learning, or (C) in other activities that, as determined by the head of such agency, warrant an extended time period. . (b) Domestic Volunteer Service Act of 1973 Section 415 of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 5055 ) is amended by striking subsection (d). III Miscellaneous provisions 301. Clerical amendments The table of contents in section 1(b) of the National and Community Service Act of 1990 ( 42 U.S.C. 12501 note) is amended— (1) by striking the item relating to section 141 and inserting the following: Sec. 141. National service educational awards and Stipends. ; (2) by striking the item relating to subtitle D of title I and inserting the following: Subtitle D—National Service Trust and Provision of Educational Awards or Stipends ; (3) by inserting after the item relating to section 149 the following: Sec. 149A. Stipend. ; (4) by inserting after the item relating to section 189D the following: Sec. 189E. Non-competitive hiring eligibility. ; and (5) by inserting at the end of the item relating to subtitle H of title I the following: Part VI—Alumni Engagement Sec. 198T. Office of Alumni Engagement . 302. Authorization of appropriations (a) National and Community Service Act of 1990 Section 501 of the National and Community Service Act of 1990 ( 42 U.S.C. 12681 ) is amended— (1) in subsection (a)(1)(A), by striking title I— and all that follows through the period at the end and inserting title I such sums as may be necessary for each of fiscal years 2025 through 2029. ; and (2) by striking 2010 through 2014 each place it appears and inserting 2025 through 2029 . (b) Domestic Volunteer Service Act of 1973 Title V of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 5081 et seq. ) is amended— (1) in section 501(a) ( 42 U.S.C. 5081(a) )— (A) in paragraph (1), by striking title I and all that follows through the period at the end and inserting title I such sums as may be necessary for each of fiscal years 2025 through 2029. ; and (B) in paragraph (2), by striking 2010 through 2014 and inserting 2025 through 2029 ; (2) in section 502 ( 42 U.S.C. 5082 )— (A) in subsection (a), by striking title II and all that follows through the period at the end and inserting title II such sums as may be necessary for each of fiscal years 2025 through 2029. ; (B) in subsection (b), by striking title II and all that follows through the period at the end and inserting title II such sums as may be necessary for each of fiscal years 2025 through 2029. ; (C) in subsection (c), by striking title II and all that follows through the period at the end and inserting title II such sums as may be necessary for each of fiscal years 2025 through 2029. ; and (D) in subsection (d), by striking 2010 through 2014 and inserting 2025 through 2029 ; and (3) in section 504 ( 42 U.S.C. 5084 ), by striking 2010 through 2014 each place it appears and inserting 2025 through 2029 . 303. Effective date This Act, and the amendments made by this Act, shall apply to participants who are selected to serve in an approved national service position (as such term is defined in section 101 of the National and Community Service Act of 1990 ( 42 U.S.C. 12511 )) on or after the date of enactment of this Act.