National and Community Service Act of 1990
PL 101-610 (S.1430), enacted 11/16/1990

PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3127 
Public Law 101-610 
101st Congress 
An Act 
To enhance national and community service, and for other purposes. 
——'-
[S. 1430] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
National and 
Community 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
Service Act of 
1990 
(a) SHORT TITLE.—This Act may be cited as the "National and Youth. 
Community Service Act of 1990". 
inter-
0?) TABLE OF CONTENTS.—The table of contents is as follows: governmental 
Sec. 1. Short title and table of contents. 
Education. 
Sec. 2. Purposes. 
^2 USC 12501 
TITLE I—NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM 
note. 
Subtitle A—General Provisions 
Sec. 101. Definitions. 
Sec. 102. Authority to make State grants. 
Subtitle B—School-Aged Service 
PART I—GENERAL PROGRAM 
Sec. 110. Short title. 
Sec. 111. General authority. 
Sec. 112. Allotments. 
Sec. 113. State application. 
Sec. 114. Local applications. 
Sec. 115. Priority; private school participation. 
Sec. 116. Federal and local contributions. 
Sec. 117. Uses of funds; limitations. 
PART II—HIGHER EDUCATION INNOVATIVE PROJECTS FOR CoMBiiuNiTy SERVICE 
Sec. 118. Higher education innovative projects for community service. 
Subtitle C—American Conservation and Youth Corps 
Sec. 120. Short title. 
Sec. 121. Greneral authority. 
Sec. 122. Allocation of funds. 
Sec. 123. State application. 
Sec. 124. Focus of programs. 
Sec. 125. Related programs. 
Sec. 126. Public lands or Indian lands. 
Sec. 127. Training and education services. 
Sec. 128. Amount of award; matching requirement. 
Sec. 129. Preference for certain projects. 
Sec. 130. Age and citizenship criteria for enrollment. 
Sec. 131. Use of volimteers. 
Sec. 132. PostHservice benefits. 
Sec. 133. Living allowance. 
Sec. 134. Joint programs. 
Sec. 135. Federal and State employee status. 
Sec. 136. R^ulations and assistance. 
Subtitle D—Nation£d and Community Service 
Sec. 140. Short title. 
Sec. 141. General authority. 
Sec. 142. Grants. 
104 STAT. 3128 
PUBLIC LAW 101-610—NOV. 16, 1990 
Sec. 143. Types of national service. 
Sec. 144. Terms of service. 
Sec. 145. Eligibility. 
Sec. 146. Poet-service benefits. 
Sec. 147. Living allowance. 
Sec. 148. Training. 
Sec. 149. Public-private partnership. 
Sec. 150. InHservice education benefits. 
Subtitle E—Innovative and Demonstration Progrtuns «uid Projects 
PART I—LIMTTATION ON GRANTS 
Sec. 155. Limitation on grants. 
PART II—GOVERNORS' INNOVATIVE SERVICE PROGRAMS 
Sec. 156. General authority. 
Sec. 157. Grants. 
PART EI—PEACE CORPS 
Sec. 160. Pribram authorized. 
Sec. 161. Eligribility and selection procedures. 
Sec. 162. Training program. 
Sec. 163. Educational benefits. 
Sec. 164. Evaluation and report. 
PART IV—OTHER VOLUNTEER PROGRAMS 
Sec. 165. Rural youth service demonstration project. 
Sec. 166. Assistance for Head Start. 
Sec. 167. Employer-based retiree volunteer programs. 
Subtitle F—Administrative Provisions 
Sec. 171. Limitation on number of grants. 
Sec. 172. Reports. 
Sec. 173. Supplementation. 
Sec. 174. Prohibition on use of funds. 
Sec. 175. Nondiscrimination. 
Sec. 176. Notice, hearing, and grievance procedures. 
Sec. 177. Nonduplication and nondisplacement. 
Sec. 178. State advisory board. 
Sec. 179. Evaluation. 
Sec. 180. Engagement of participants. 
Sec. 181. National Service Demonstration Pr(^am amendments. 
Sec. 182. Partnerships with schools. 
Sec. 183. Service as tutors. 
Sec. 184. Drug-free workplace requirements. 
Sec. 185. Ck>nforming amendments. 
Subtitle Gr—Commission on National and Community Service 
Sec. 190. Commission on National and Community Service. 
TITLE n—MODIFICATIONS OF EXISTING PROGRAMS 
Subtitle A—Publication 
Sec. 201. Information for students. 
Sec. 202. Exit counseling for borrowers. 
Sec. 203. Department information on deferments and cancellations. 
Sec. 204. Data on deferments and cancellations. 
Subtitle B—Youthbuild Projects 
Sec. 211. Youthbuild projects. 
Subtitle C—Amendments to Student Literacy Corps 
Sec. 221. Amendments to Student Literacy Corps. 
TITLE m—POINTS OF UGHT FOUNDATION 
Sec. 301. Short title. 
Sec. 302. Findings and purposes. 
Sec. 303. Authority. 
Sec. 304. Grants to the Foundation. 
PUBLIC LAW 101-610—NOV. 16, 1990 
Sec. 305. Eligibility of the Foundation for grants. 
TITLE IV—FOOD DONATIONS 
Sec. 401. Sense of C!ongres8 concerning enactment of Good Sfimaritan Food Dona-
tion Act. 
Sec. 402. Model Good Samaritan Food Donation Act. 
Sec. 403. Effect of section 402. 
TITLE V—AUTHORIZATION OF APPROPRIATIONS 
Sec. 501. Authorization of appropriations. 
TITLE VI—MISCELLANEOUS PROVISIONS 
Sec. 601. Amtrak waste disposal. 
Sec. 602. Exchange program with countries in transition from totalitarianism to 
Democracy. 
SEC. 2. PURPOSES. 
It is the purpose of this Act to— 
(1) renew the ethic of civic responsibility in the United States; 
(2) ask citizens of the United States, regardless of age or 
income, to engage in full-time or part-time service to the 
Nation; 
(3) begin to call young people to serve in programs that will 
benefit the Nation and improve the life chances of the young 
through the acquisition of literacy and job skills; 
(4) enable young Americans to make a sustained commitment 
to service by removing barriers to service that have been cre-
ated by high education costs, loan indebtedness, and the cost of 
housing; 
(5) build on the existing organizational framework of Federal, 
State, and local programs and agencies to expand full-time and 
part-time service opportunities for all citizens, particularly 
youth and older Americans; 
(6) involve participants in activities that would not otherwise 
be performed by employed workers; and 
(7) generate additional service hours each year to help meet 
human, educational, environmental, and public safety needs, 
particularly those needs relating to poverty. 
TITLE I—NATIONAL AND COMMUNITY 
SERVICE STATE GRANT PROGRAM 
Subtitle A—General Provisions 
104 STAT. 3129 
42 use 12501. 
SEC. 101. DEFINITIONS. 
As used in this title: 
(1) ADULT VOLUNTEER.—The term "adult volunteer" means— 
(A) an individual who is beyond the age of compulsory 
schooling, including an older American, an individual with 
a disability, and a parent; 
(B) an employee of a private business; 
(C) an employee of a public or nonprofit agency; or 
(D) any other individual working without financial remu-
neration in an education institution to assist students or 
out-of-school youth. 
(2) 
COMMISSION.—The 
term 
"Commission" 
means 
the 
Commission on National and Commimity Service established 
under section 190. 
42 u s e 12511. 
104 STAT. 3130 
PUBLIC LAW 101-610—NOV. 16, 1990 
(3) Ck)MMUNiTY-BASED AGENCY.—The term "community-based 
agency" means a private nonprofit organization that is rep-
resentative of a community or a significant segment of a 
community and that is engaged in meeting human, educational, 
or environmental community needs, including churches and 
other religious entities and community action agencies. 
(4) CREW SUPERVISOR.—The term "crew supervisor" means the 
adult staff individual who is responsible for supervising a crew 
of participants, including the crew leader. 
(5) ECONOMICALLY DISADVANTAGED.—The term "economically 
disadvantaged" with respect to youths has the same meaning 
given such term in section 4(8) of the Job Training Partnership 
Act (29 U.S.C. 1503(8)). 
(6) ELEMENTARY SCHOOL.—The term "elementary 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)). 
(7) INDIAN LANDS.—The term "Indian lands" means any real 
property owned by an Indian tribe, any real property held in 
trust by the United States for Indian tribes, and any real 
property held by Indian tribes that is subject to restrictions on 
alienation imposed by the United States. 
(8) INDIAN TRIBE.—The term "Indian tribe" means an Indian 
tribe, band, nation, or other organized group or community, 
including any Alaska Native village or regional or village cor-
poration as defined in or established pursuant to the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that is 
recognized as eligible for the special programs and services 
provided by the United States to Indians because of their status 
as Indians. 
(9) INSTITUTION OF HIGHER EDUCATION.—The term "institution 
of higher education" has the same meaning given such term in 
section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 
1141(a)). 
(10) LOCAL EDUCATIONAL AGENCY.—The term "local edu-
cational agency" has the same meaning given such term in 
section 1471(12) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 2891(12)). 
(11) LOCAL GOVERNMENT AGENCY.—The term "local govern-
ment agency" means a public agency that is engaged in meeting 
human, social, educational, or environmental needs. 
(12) OUT-OF-SCHOOL YOUTH.—The term "out-of-school youth" 
means an individual who— 
(A) has not attained the age of 27; 
(B) has not completed college or the equivalent thereof; 
and 
(C) is not enrolled in an elementary or secondary school 
or institution of higher education. 
(13) PARTICIPANT.—The term "participant" means an individ-
ual enrolled in a program that receives assistance under this 
title. 
(14) PARTNERSHIP PROGRAM.—The term "partnership pro-
gram" means a program through which adult volunteers, public 
or private agencies, institutions of higher education, or 
businesses assist a local educational agencv. 
(15) PLACEMENT.—The term "placement means the matching 
of a participant with a specific project. 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3131 
(16) PROGRAM.—The term "program" means an activity car-
ried out with assistance provided under this title. 
(17) PROGRAM AGENCY.—The term "program agency" means— 
(A) a Federal or State agency designated to manage a 
youth corps program; 
(B) the governing body of an Indian tribe that administers 
a youth corps program; or 
(C) a local applicant administering a youth corps 
program. 
(18) PROJECT.—The term "project" means an activity that 
results in a specific identifiable service or product that other-
wise 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. 
(19) PuBUC LANDS.—The term "public lands" means any lands 
or waters (or interest therein) owned or administered by the 
United States or by an agency or instrumentality of a State or 
local government. 
(20) SECONDARY SCHOOL.—The term "secondary 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)). 
(21) SERVICE-LEARNING.—The term "service-learning" means 
a method— 
(A) under which students learn and develop through 
active participation in thoughtfully 
organized service 
experiences that meet actual community needs and that 
are coordinated in collaboration with the school and 
community; 
(B) that is integrated into the students' academic curricu-
lum or provides structured time for a student to think, talk, 
or write about what the student did and saw during the 
actual service activity; 
(C) that provides students with opportunities to use newly 
acquired skills and knowledge in real-life situations in their 
own communities; and 
(D) that enhances what is taught in school by extending 
student learning beyond the classroom and into the commu-
nity and helps to foster the development of a sense of caring 
for others. 
(22) SERVICE OPPORTUNITY.—The term "service opportunity" 
means a program or project, including service learning pro-
grams or projects, that enables students or out-of-school youth 
to perform meaningful and constructive service in agencies, 
institutions, and situations where the application of human 
talent and dedication may help to meet human, educational, 
linguistic, and environmental community needs, especially 
those relating to poverty. 
(23) SPECIAL SENIOR SERVICE MEMBER.—The term "special 
senior service member" means an individual who is age 60 or 
over and willing to work full-time or part-time in conjunction 
with a full-time national service program. 
(24) 
SPONSORING 
ORGANIZATION.—The term 
"sponsoring 
organization" means an organization, eligible to receive assist-
ance under this title, that has been selected to provide a place-
ment for a participant. 
104 STAT. 3132 
PUBLIC LAW 101-610—NOV. 16, 1990 
42 use 12512. 
Serve-America: 
The Community 
Service, Schools 
and Service-
Learning Act of 
1990. 
42 use 12521 
note. 
42 use 12521. 
(25) STATE.—The term "State" means each of the several 
States, the District of Columbia, the Commonwealth of Puerto 
Rico, the Virgin Islands, Guam, American Ssimoa, the Common-
wealth of the Northern Mariana Islands, and Palau, until such 
time as the Compact of Free Association is ratified. 
(26) STATE EDUCATIONAL AGENCY.—The term "State edu-
cational agency" has the same meaning given such term in 
section 1471(23) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 2891(23)). 
(27) STUDENT.—The term "student" means an individual who 
is enrolled in an elementary or secondary school or institution 
of higher education on a full- or part-time basis. 
(28) SUMMER PROGRAM.—The term "summer program" means 
a youth corps program authorized under this title that is limited 
to the months of June, July, and August. 
(29) YOUTH CORPS PROGRAM.—The term "youth corps pro-
gram" means a program, such as a conservation corps or youth 
service program, that offers full-time, productive work (to be 
financed through stipends) with visible community benefits in a 
natural resource or human service setting and that gives 
participants a mix of work experience, basic and life skills, 
education, training, and support services. 
SEC. 102. AUTHORITY TO MAKE STATE GRANTS. 
The Commission may, in accordance with the provisions of this 
title, make grants to States, or to local applicants, to enable such 
States or applicants to carry out national or community service 
programs under subtitles B, C, D, or E. 
Subtitle B—School-Aged Service 
PART I—GENERAL PROGRAM 
SEC. no. SHORT TITLE. 
This subtitle may be cited as the "Serve-America: The Community 
Service, Schools and Service-Learning Act of 1990". 
SEC. 111. GENERAL AUTHORITY. 
(a) IN GENERAL.—The Commission, in consultation with the Sec-
retary of Education, may make grants under section 102 to States or 
local applicants for— 
(1) planning and building State capacity (which may be 
accomplished through grants and contracts with qualified 
organizations) for implementing statewide, school-aged service-
learning programs, including— 
(A) preservice and in-service training for teachers, super-
visors, and personnel from community organizations in 
which service opportunities will be provided that will be 
conducted by qualified individuals or organizations that 
have experience in service-learning programs; 
(B) developing service-learning curricula, including age-
appropriate learning components for students to anal3rze 
and apply their service experiences; 
(C) forming local partnerships to develop school-based 
community service programs in accordance with this 
subpart; 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3133 
(D) devising appropriate methods for research and 
evaluation of the educational value of youth service 
opportunities and the effect of youth service programs on 
communities; 
(E) establishing effective outreach and dissemination to 
ensure the broadest possible involvement of nonprofit 
community-based organizations and youth-service agencies 
with demonstrated effectiveness in their communities; 
and 
(F) 
integration 
of 
service-learning 
into 
academic 
curricula; 
(2) the implementation, operation, or expansion of statewide, 
school-based service-learning programs through State distribu-
tion of Federal funds made available under this subtitle to 
projects and activities coordinated and operated by local part-
nerships among— 
(A) local educational agencies; and 
(B) one or more community partners that— 
(i) shall include a public or private 
nonprofit 
organization that will laake service opportunities avail-
able for participants, and that is representative of the 
community in which such services will be provided; and 
(ii) may include a private for-profit business organiza-
tion or private elementary and secondary school; 
(3) the implementation, operation, or expansion of community 
service programs for school dropouts, out-of-school youth, and 
other youth through State distribution of Federal funds made 
available under this subtitle to projects and activities coordi-
nated and operated by local partnerships among— 
(A) one or more public or private nonprofit organizations 
that work with disadvantaged youth; and 
(B) one or more community partners that shall include a 
public or private nonprofit organization that will make 
service opportunities available for participants; and 
(4) the implementation, operation, or expansion of programs 
involving adult volunteers in schools, or partnerships of schools 
and public or private organizations, to improve the education of 
at-risk students, school dropouts, and out-of-school youth 
through State distribution of Federal funds made available 
under this part to projects and activities coordinated and oper-
ated by local partnerships among— 
(A) local education agencies; and 
(B) one or more public or private nonprofit organization 
or private for-profit business. 
(b) DIRECT GRANTS.—In any fiscal year in which a State does not 
participate in programs under this subtitle, the Commission may 
use the allotment of that State to make direct grants for the 
purposes described in subsection (a) to local applicants in that State. 
The Commission shall apply the criteria described in section 114 in 
evaluating such local applications. 
SEC. 112. ALLOTMENTS. 
42 USC 12522. 
(a) RESERVATIONS.—Of the amounts appropriated to carry out this Teirttories. 
subtitle for any fiscal year, the Commission shall reserve not more 
than 1 percent for payments to Indian tribes, Guam, American 
Samoa, the Commonwealth of the Northern Mariana Islands and 
104 STAT. 3134 
PUBLIC LAW 101-610—NOV. 16, 1990 
Palau, until such time as the Compact of Free Association is ratified, 
to be allotted in accordance with their respective needs. 
(b) ALLOTMENT.—The remainder of the sums appropriated to carry 
out this subtitle shall be allotted among the States £is follows: 
(1) From 50 percent of such remainder the Secretary shall 
allot to each State an amount which bears the same ratio to 50 
percent of such remainder as the school-age population of the 
State bears to the school-age population of all States. 
(2) From 50 percent of such remainder the Secretary shall 
allot to each State an amount which bears the same ratio to 50 
percent of such remainder as allocations to the State for the 
previous fiscal year under chapter 1 of title I of the Elementary 
and Secondary Education Act of 1965 bears to such allocations 
to all States. 
(c) LIMITATION.—For any period during which a State is carrying 
out planning activities under section lll(aXl) prior to implementa-
tion under section lll(aX2), a State may be paid not more than 25 
percent of its allotment under this section. 
(d) REALLOTMENT.—The amount of any State's sillotment for any 
fiscal year under this section that the Commission determines will 
not be required for that fiscal year shall be available for reallotment 
to other States as the Commission may determine appropriate. 
(e) EXCEPTION.—Notwithstanding this section, if less 
than 
$20,000,000 is made available in each fiscal year to carry out this 
subtitle, the Commission shall award grants to States on a competi-
tive basis. 
(f) DEFINITIONS.—For purposes of this section: 
(1) SCHOOL-AGE POPULATION.—The term "school-age popu-
lation" means the population aged 5 through 17, inclusive. 
(2) STATE.—The term "State" includes the 50 States, the 
District of Columbia, and the Commonwealth of Puerto Rico. 
42 use 12523. 
SEC. 113. STATE APPLICATION. 
To be eligible to receive a grant under this subtitle a State, acting 
through the State educational agency, shall prepare and submit to 
the Commission, an application at such time, in such manner, and 
containing such information as the Commission shall reasonably 
require, including a description of the manner in which— 
(1) local applications will be ranked by the State according to 
the criteria described in section 114, and in a manner that 
ensures the equitable treatment of local applications submitted 
by both local educational agencies and 
community-based 
organizations; 
(2) service programs within the State will be coordinated with 
each other and with other Federally assisted education pro-
grams, training programs, social service programs, and other 
appropriate programs that serve youth; 
(3) cooperative efforts among local educational agencies, local 
government agencies, community-based agencies, businesses, 
and State agencies to develop and provide service opportunities, 
including those that involve the participation of urban, subur-
ban, and rural youth working together, will be encouraged; 
(4) economically and educationally disadvantaged youths, 
including individuals with disabilities, youth with limited basic 
skills or learning disabilities, youth in foster care who are 
becoming too old for foster care, youth of limited English pro-
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3135 
ficiency, homeless youth and youth with disabilities, are assured 
of service opportunities; 
(5) service programs that receive assistance under this sub-
title will be evaluated; 
(6) programs that receive assistance under this subtitle will 
serve urban and rural areas and any tribal areas that exist 
within such State; 
(7) training and technical assistance will be provided to local 
grantees by qualified and experienced individuals employed by 
the State or through grant or contract with experienced content 
specialist and youth service resource organizations; 
(8) non-Federal assistance will be used to expand service 
opportunities for students and out-of-school youth; 
(9) information and outreach services will be disseminated 
and utilized to ensure the involvement of a broad range of 
organizations, particularly community-based organizations; 
(10) the State will keep such records and provide such 
information to the Secretary as may be required for fiscal audits 
and program evaluation; 
(11) the State will give special consideration to providing 
assistance to projects that will provide academic credit to 
participants; and 
(12) the State will assure compliance with the specific require-
ments of this subtitle. 
SEC. 114. LOCAL APPLICATIONS. 
4i2 USC 12524. 
(a) IN GENERAL.—A partnership that desires to receive financial 
assistance under this subtitle shall prepare and submit to the State 
Eklucational Agency a proposal that meets the requirements of this 
section. Such proposal shall be submitted at such time, in such 
manner, and containing such information as the State Educational 
Agency may reasonably require. 
(b) REQUIREMENTS OF PROPOSAL.—A proposal submitted under 
subsection (a) shall— 
(1) contain a written agreement, between the members of the 
local partnership, stating that the program was jointly devel-
oped by the parties and that the program will be jointly exe-
cuted by the parties; 
(2) establish and specify the membership and role of an 
advisory committee that shall consist of representatives of 
commimity-based agencies including community action agen-
cies, service recipients, youth-serving agencies, youth, parents, 
teachers, administrators, agencies that serve older adults, 
school board members, labor, and business; 
(3) describe the goals of the program which shall include goals 
that are quantifiable, measurable, and demonstrate any bene- 
^ 
fits that flow from the progr&m to the participants and the 
community; 
(4) describe service opportunities to be provided under the 
program that shall include evidence that participants will make 
a sustained commitment to the service project; 
(5) describe the manner in which the participants in the 
program will be recruited, including any special efforts that will 
be utilized to recruit outnDf-school youth with the assistance of 
community-based agencies; 
104 STAT. 3136 
PUBLIC LAW 101-610—NOV. 16, 1990 
(6) describe the manner in which participants in the program 
were or will be involved in the design and operation of the 
program; 
(7) describe the qualifications, and responsibilities of the 
coordinator of the program assisted under this subtitle; 
(8) describe preservice and inservice training for supervisors, 
teachers, and participants in the program; 
(9) describe the manner in which exemplary service will be 
recognized; 
(10) describe any potential resources that will permit continu-
ation of the program, if needed, after the assistance received 
under this subtitle has ended; 
(11) disclose whether the program plans include preventing 
and treating school-age drug and alcohol abuse and dependency; 
and 
(12) contain assurances that, prior to the placement of a 
participant, the program will consult with any local labor 
organization representing employees in the area who are en-
gaged in the same or similar work as that proposed to be carried 
out by such program. 
(c) SCHOOL-BASED AND COMMUNITY-BASED SERVICE LEARNING PRO-
GRAM.—If an applicant under this section intends to operate a 
program described in section lll(aX2) or lll(aX3) such applicant, in 
addition to providing the information described in subsection (b), 
shall provide additional information that shall include— 
(1) an assurance that the applicant will develop an age-
appropriate learning component for participants in the program 
that shall include a chance for participants to reflect on service 
experiences and expected learning outcomes; 
(2) a disclosure of whether or not the participants will receive 
academic credit for participation in the program; 
(3) the target levels of participants in the program and the 
target levels for the hours of service that such participants wUl 
provide individually and as a group; 
(4) the proportion of expected participants in the program 
who are educationally or economically disadvantaged, including 
participants with disabilities; 
(5) the ages or grade levels of expected participants in the 
program; 
(6) other relevant demographic information concerning such 
expected participants; and 
(7) assursinces that participants in the program will be pro-
vided with information concerning VISTA, the Peace Corps (as 
established by the Peace Corps Act (22 U.S.C. 2501 et seq.)), 
chapter 30 of title 38, United States Code, chapter 106 of title 10, 
United States Code, full-time Youth Service Corps and National 
Service programs receiving assistance under this title, and 
other service options and their benefits (such as student loan 
deferment and forgiveness) as appropriate. 
(d) PARTNERSHIP PROGRAM.—If an applicant under this section 
intends to operate an adult role partnership program, under section 
lll(aX4) such applicant, in addition to the information required to 
be included in the application under subsection (b), shall describe 
the students who are to be assisted through such program, including 
the ages and grade levels of such students. 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3137 
SEC. 115. PRIORITY; PRIVATE SCHOOL PARTICIPATION. 
42 USC12525. 
(a) IN GENERAL.—In providing assistance under this subtitle, the 
State educational agency, or the Commission if section 111(b) ap-
plies, shall give priority to applications that describe programs 
that— 
(1) involve participants in the design and operation of the 
program; 
(2) are in the greatest need of assistance, such as programs 
targeting low-income areas; 
(3) involve students from both public and private elementary 
and secondary schools or individuals of different ages, races, 
sexes, ethnic groups, disabilities and economic backgrounds 
serving together; 
(4) are integrated into the academic program; or 
(5) involve a focus on substance abuse prevention or school 
drop-out prevention. 
0>) ADULT VOLUNTEER AND PARTNERSHIP PROGRAM.—In the case of 
an adult volunteer and partnership program (as described in section 
lll(aX4)) the State educational agency, or the Commission, if section 
111(b) applies, shall give priority to applications that contain a 
description of programs— 
(1) that involve older Americans or parents as adult volun-
teers; 
(2) that involve a partnership between an educational institu-
tion and a private business in the community; 
(3) that include a focus on substance abuse prevention, school 
drop-out prevention, or nutrition; or 
(4) that will improve basic skills and reduce ilUteracy. 
(c) PARTICIPATION OF CHILDREN AND TEACHERS FROM PRIVATE 
SCHOOLS.— 
(1) IN GENERAL.—To the extent consistent with the number of 
children in the State or in the school district of the local 
educational agency involved who are enrolled in private non-
profit elementary and secondary schools, such State or agency 
shall (after consultation with appropriate private school rep-
resentatives) make provision— 
(A) for the inclusion of services and arrangements for the 
benefit of such children so as to assure the equitable partici-
pation of such children in the programs or projects imple-
mented to carry out the purposes and provide the benefits 
described in this subtitle; and 
OB) for the training of the teachers of such children so as 
to assure the equitable participation of such teachers in the 
pr(^ams or projects implemented to carry out the purposes 
and provide the benefits described in this subtitle. 
(2) WAIVER.—If a State or local educational agency or institu-
tion of higher education is prohibited by law from providing for 
the participation of children or teachers from private nonprofit 
schools as required by paragraph (1), or if the Secretary deter-
mines that a State or local educational agency substantially 
fails or is unwilling to provide for such participation on an 
equitable basis, the Secretary shall waive such requirements 
and shall arrange for the provision of services to such children 
and teachers. Such waivers shall be subject to consultation, 
withholding, notice, and judicial review requirements in accord-
104 STAT. 3138 
PUBLIC LAW 101-610—NOV. 16, 1990 
ance with section 1017 of the Elementary and Secondary Edu-
cation Act of 1965. 
42 use 12526. 
SEC. 116. FEDERAL AND LOCAL CONTRIBXJTIONS. 
(a) FEDERAL SHARE.— 
(1) IN GENERAL.—The Federal share of a grant or contract for 
a project under this subtitle may not exceed— 
(A) 90 percent of the total cost of a project for the first 
year for which the project receives assistance under this 
subtitle; 
(B) 80 percent of the total cost of a project for the second 
year for which the project receives assistance under this 
subtitle; and 
(C) 70 percent of the total cost of a project for the third 
year for which the project receives assistance under this 
subtitle. 
(2) CALCULATION.—The State and local share of the costs of a 
project may be in cash or in kind fairly evaluated, including 
facilities, equipment, or services. 
Ot)) WAIVER.—The Secretary may waive the requirements of 
subsection (a) with respect to any project in any fiscal year if the 
Secretary determines that such a waiver would be equitable due to a 
lack of available financial resources at the local level. 
42 use 12527. 
SEC. 117. USES OF FUNDS; LIMITATIONS. 
(a) STATE USES OF FUNDS.—The State educational agency may 
reserve, from funds made available to such agency under this 
subtitle— 
(1) not more than 5 percent of such funds for administrative 
costs for any fiscal year; 
(2) not more than 10 percent of such funds to build capacity 
through training, technical assistance, curriculum development, 
and coordination activities, described in section lll(aXl); 
(3) not less than 60 percent of such funds to carry out school-
based service learning programs described in section lll(aX2); 
(4) not less than 15 percent of such funds to carry out commu-
nity-based service programs described in section lll(aX3); and 
(5) not more than 10 percent of such funds to carry out adult 
volunteer and partnership programs described in section 
lll(aX4). 
0)) AUTHORIZED AcmvrnES FOR LOCAL PROJECTS.— 
(1) IN GENERAL.—Local projects may use funds made available 
under this subtitle for the supervision of participating students, 
program administration, training, reasonable transportation 
costs, insurance, and for other reasonable expenses. 
(2) LIMITATION.—Funds made available under this subtitle 
may not be used to pay any stipend, allowance, or other finan-
cial support to any participant, except reimbursement for 
transportation, meals, and other reasonable out-of-pocket ex-
penses directly related to participation in a program assisted 
under this subtitle. 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3139 
PART II—HIGHER EDUCATION INNOVATIVE 
PROJECTS FOR COMMUNITY SERVICE 
SEC. 118. HIGHER EDUCATION INNOVATIVE PROJECTS FOR COMMUNITY 
SERVICE. 
(a) PURPOSE.—It is the purpose of this part to support innovative 
projects to encourage students to participate in community service 
activities while such students are attending institutions of higher 
education. 
(b) GENERAL AUTHORITY.—The Commission, in consultation 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 institutions) and other public agencies and 
nonprofit oiganizations working in partnership with institutions of 
higher education— 
(1) to enable the institution to create or expand community 
service activities for students attending that institution; 
(2) to encourage student-initiated and 
student-designed 
community service projects; 
(3) to facilitate the integration of community service into 
academic curricula, so that students can obtain credit for their 
community service activities; 
(4) to encourage students to participate in community service 
activities that will engender a sense of social responsibility and 
commitment to the community; 
(5) to encourage students to assist in the teaching of individ-
u ^ with limited basic skills or an inability to read and write; 
and 
(6) to provide for the training of teachers, prospective teach-
ers, related education personnel, and community leaders in the 
skills necessary to develop, supervise, and organize community 
service activities, taking into consideration the particular needs 
of a community and the ability of the grantee to actively involve 
a major part of the community in, and substantially benefit the 
community by, the proposed community service activities. 
(c) FE3)ERAL SHARE.— 
(1) IN GENERAL.—The Federal share of each grant awarded 
under this section shall not exceed 50 percent of the cost of the 
community service activities carried out with each such grant. 
(2) NON-FEDERAL SOURCES.—That portion of the costs of pro-
grams that receive assistance under this subtitle that are to be 
paid from sources other than Federal funds may be paid in cash 
or in kind (fairly evaluated). 
(d) APPLICATION FOR GRANT.—To receive a grant under this sub-
title, an applicant shall prepare and submit to the Commission, an 
application at such time, in such manner, and containing such 
information as the Commission may reasonably require, including— 
(1) a description of the proposed program to be established 
with assistance provided under the grant; 
(2) a description of the human, educational, environmental or 
public safety service that participants will perform and the 
community need that will be addressed under such program; 
(3) a description of whether or not students will receive 
academic credit for community service activities under the 
prograia; 
Students. 
42 use 12531. 
104 STAT. 3140 
PUBLIC LAW 101-610—NOV. 16, 1990 
American 
Conservation 
and Youth 
Service Corps 
Act of 1990. 
42 u s e 12501 
note. 
42 use 12541. 
42 use 12542. 
Indians. 
(4) a description of the procedure for training supervisors and 
participants and for supervising and organizing participants in 
such proposed program; 
(5) a description of the procedures to ensure that the proposed 
program provides participants with an opportunity to reflect on 
their service experiences; 
(6) a description of the budget for the program; and 
(7) assurances that, prior to the placement of a participant in 
the program, the appUcant will consult with any local labor 
organization representing employees in the area who are en-
gaged in the same or similar work as that proposed to be carried 
out by such project. 
Subtitle C—American Conservation and Youth 
Corps 
SEC. 120. SHORT TITLE. 
This subtitle may be cited as the "American Ck)nservation and 
Youth Service Corps Act of 1990". 
SEC. 121. GENERAL AUTHORITY. 
The Commission may make grants under section 102 to States or 
local applicants, to the Secretary of Agriculture, to the Secretary of 
the Interior, or to the Director of ACTION for the creation or 
expansion of full-time or summer youth corps programs. 
SEC. 122. ALLOCATION OF FUNDS. 
(a) CoMPETmvE GRANT.—The Commission shall award grants 
under this subtitle on a competitive basis to States or Indian tribes 
that have submitted applications under section 123. 
(b) DIRECT GRANTS.— 
(1) IN GENERAL.—In the case of a State that does not apply for 
a grant under this subtitle or have an application approved 
under section 123, the Commission may award grants directly to 
public or private nonprofit agencies with experience in youth 
programs within such State. 
(2) EVALUATION.— 
(A) APPLICATION OF CRITERIA.—The Commission shedl 
apply the criteria described in section 123 in determining 
whether to award a grant to a local applicant under this 
subsection. 
(B) EQUITABLE ALLOCATION.—If more than one local ap-
plicant within a State applies for funds, the Commission 
shall allocate funds among such applicants in such manner 
as the Commission considers equitable. 
(3) INDIAN TRIBES.—An Indian tribe shall be treated the same 
as a State for purposes of making grants under this subtitle. 
(4) GRANT TO FEDERAL AGENCY.—If a State has failed to estab-
lish a youth corps program and no local youth corps programs 
exist within such State, the Commission may make a grant to a 
Federal agency to directly administer a youth corps program. 
(c) LIMITATION.— 
(1) CAPITAL EQUIPMENT.—Not to exceed 10 percent of the 
amount of assistsuice made available to a program agency under 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3141 
this subtitle shall be used for the purchase of major capital 
equipment. 
(2) ADMINISTRATIVE EXPENSES.— 
(A) BY PROGRAM AGENCY.—Not to exceed 5 percent of the 
amount of assistance made available to a program agency 
under this subtitle shall be used for 
administrative 
expenses. 
(B) BY STATE.—Not to exceed 5 percent of the amount of 
assistance made available to a State under this subtitle 
shall be used for administrative expenses. 
(d) RESERVATION.— 
(1) FEDERAL DISASTER REUEF.—The Commission shall reserve 
not to exceed 5 percent of the amounts made available in each 
fiscal year to make grants under this subtitle for Federal disas-
ter relief programs. 
(2) INDIAN TRIBES.—The Commission shall reserve not to 
exceed 1 percent of the amounts made available in each fiscal 
year to make grants under this subtitle to Indian tribes. 
(e) EQUITABLE FUNDING OF CONSERVATION AND SERVICE PRO-
GRAMS.—The Commission shall award an equal number of grants to 
conservation corps programs and youth corps programs. 
SEC. 123. STATE APPLICATION. 
42 USC 12543. 
(a) SUBMISSION.—To be eligible to receive a grant under this Indians. 
subtitle, a State or Indian tribe (or a local applicant if section 122(b) 
applies) shall prepare and submit to the Commission, an application 
at such time, in such manner, £ind containing such information as 
the Commission may reasonably require, including the information 
required under subsection (b). 
(b) GENERAL CONTENT.—An application submitted under subsec-
tion (a) shall describe— 
(1) any youth corps program proposed to be conducted directly 
by such applicant with assistance provided under this subtitle; 
and 
(2) any grant program proposed to be conducted by such State 
with assistance provided under this subtitle for the benefit of 
entities within such State. 
(c) SPECIFIC CONTENT.—To receive a grant under this subtitle to 
directly conduct a youth corps program, each applicant shall include 
in the application submitted under subsection (a)— 
(1) a comprehensive description of the objectives and perform-
ance goals for the program to be conducted, a plan for managing 
and funding the program, and a description of the types of 
projects to be carried out, including a description of the types 
and duration of training and work experience to be provided by 
such program; 
(2) a plan for the certification of the training skills acquired 
by participants and the awarding of academic credit to partici-
pants for competencies developed through training programs or 
work experience obtained under this subtitle; 
(3) an age-appropriate learning component for participants 
that includes procedures that permit participants to reflect on 
service experiences; 
(4) an estimate of the number of participants and crew leaders 
necessary for the proposed program, the length of time that the 
services of such participants and crew leaders will be required, 
the support services that will be required for such participants 
104 STAT. 3142 
PUBLIC LAW 101-610—NOV. 16, 1990 
and crew leaders, and a plan for recruiting such participants, 
including educationally and economically disadvantaged youth, 
youth with limited basic skills or learning disabilities, homeless 
youth, youth with disabilities, youth who are in foster care who 
are becoming too old for foster care, and youth of limited 
English proficiency; 
(5) a list of requirements to be imposed on the sponsoring 
organizations of participants in the program, including a 
requirement that a sponsoring organization that invests in a 
program that receives assistance under this subtitle, by making 
a cash contribution or by providing free training to participants, 
shall be given preference over a sponsoring organization that 
does not make such an investment; 
(6) a description of the manner of appointment and training of 
sufficient supervisory staff (including participants who have 
displayed exceptional leadership qualities), who shall provide 
for other central elements of a youth corps, such as crew 
structure and a youth development component; 
(7) a description of a plan to ensure the on-site presence of 
knowledgeable and competent supervisory personnel at pro-
gram facilities; 
(8) a description of the facilities, quarters and board (in the 
case of residential facilities), limited and emergency medical 
care, transportation from administrative facilities to work sites, 
accommodations for individuals with disabilities, and other 
appropriate services, supplies, and equipment that will be pro-
vided by such applicant; 
(9) a description of the basic standards of work requirements, 
health, nutrition, sanitation, and safety, and the manner that 
such standards shall be enforced; 
(10) a description of the plan to assign participants to facilities 
as near to the homes of such participants as is reasonable and 
practicable; 
(11) an assurance that, prior to the placement of a participant 
under this subtitle, the program agency will consult 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; 
(12) a description of formal social counseling arrangements to 
be made available to the participant; 
(13) a plan for ensuring that individuals do not drop out of 
school for the purpose of participating in a youth corps pro-
gram; and 
(14) such other information as the Commission shall require. 
(d) GRANT PROGRAM,—To be eligible to receive a grant under this 
subtitle, a State shall establish and implement a program to make 
grants to applicants within the State pursuant to subsection (bX2) 
and, in the application submitted under subsection (a), such State 
shall describe the manner in which— 
(1) local applicants will be evaluated; 
(2) service programs within the State will be coordinated; 
(3) economically and educationally disadvantaged youth, 
including youth with disabilities, youth with limited basic skills 
or learning disabilities, youth with limited English proficiency, 
homeless youth, and youth in foster care who are becoming too 
old for foster care, will be recruited; 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3143 
(4) programs that receive assistance under this subtitle will be 
evaluated; 
(5) the State will encourage cooperation among programs that 
receive assistemce under this subtitle and the appropriate State 
job training coordinating council established under the Job 
Training and Partnership Act (29 U.S.C. 1501 et seq.); 
(6) such State will certify the training skills acquired by each 
participant and the credit provided to each participant for 
competencies developed through training programs or work 
experience obtained under programs that receive assistance ^ 
under this subtitle; and 
(7) prior to the placement of a participant under this subtitle, 
the State will ensure that program agencies consult with each 
local labor organization representing employees in the area who 
are engaged in the same or similar work as the work that is 
proposed to be carried out by such program. 
SEC. 124. FOCUS OF PROGRAMS. 
42 USC 12544. 
(a) IN GENERAL.—Programs that receive assistance under this 
subtitle may carry out activities that— 
(1) in the case of conservation corps programs, focus on— 
(A) conservation, rehabilitation, and the improvement of 
wildlife habitat, rangelands, par^, and recreational areas; 
(B) urban and rural revitalization, historical and cultural 
site preservation, and reforestation of both urban and rural 
areas; 
(C) fish culture, wildlife habitat maintenance 
and 
improvement, and other ^ h e r y assistance; 
(D) road and trail maintenance and improvement; 
(E) erosion, flood, drought, and storm damage assistsmce 
and controls; 
(F) stream, lake, waterfront harbor, and port improve-
ment; 
(G) wetlands protection and pollution control; 
(H) insect, disease, rodent, and fire prevention and con-
trol; 
(I) the improvement of abandoned railroad beds and 
rights-of-way; 
(J) energy conservation projects, renewable resource 
enhancement, and recovery of biomass; 
(K) reclamation and improvement of strip-mined land; 
(L) forestry, nursery, and cultural operations; and 
(M) making public facilities accessible to individuals with 
disabilities. 
(2) in the case of human services corps programs, include ' 
participant service in— 
(A) State, local, and regional governmental agencies; 
(B) nursing homes, hospices, senior centers, hospitals, 
local libraries, parks, recreational facilities, child and adult 
day care centers, programs serving individuals with disabil-
ities, and schools; 
(C) law enforcement agencies, and penal and probation 
systems; 
(D) private nonprofit organizations that primarily focus 
on social service such as community action agencies; 
(E) activities that focus on the rehabilitation or improve-
ment of public facilities, neighborhood improvements, lit-
104 STAT. 3144 
PUBLIC LAW 101-610—NOV. 16, 1990 
eracy training that benefits educationally disadvantaged 
individuals, weatherization of and basic repairs to low-
income housing including housing occupied by older adults, 
energy conservation (including solar energy techniques), 
removal of architectural barriers to access by individu£ds 
with disabilities to public facilities, activities that focus on 
drug and alcohol abuse education, prevention and treat-
ment, and conservation, maintenance, or restoration of 
natural resources on publicly held lands; and 
(F) any other nonpartisan civic activities and services 
that the Commission determines to be of a substantial 
SOCIEQ benefit in meeting unmet human, educational, or 
environmental needs (particularly needs related to poverty) 
or in the community where volunteer service is to be 
performed; or 
(3) encompass the focuses and services described in both 
paragraphs (1) and (2). 
(b) INELIGIBLE SERVICE CATEGORIES.—To be eligible to receive 
assistance under this subtitle, the activities conducted through pro-
grams referred to in subsection (a) shall not be conducted by any— 
(1) business organized for profit; 
(2) labor union; 
(3) partisan political organization; 
(4) organization engaged in religious activities, unless such 
activities do not involve the use of funds provided under this 
title by program participants and program staff to give religious 
instruction, conduct worship services, or engage in any form of 
proselytization; or 
(5) domestic or personal service company or organization. 
(c) LIMITATION ON SERVICE.—No participant shall perform services 
in any project for more than a 6-month period. No participant shall 
remain enrolled in projects assisted under this subtitle for more 
than 24 months. 
42 use 12545. 
SEC. 125. RELATED PROGRAMS. 
An activity administered under the authority of the Secretary of 
Health and Human Services, that is operated for the same purpose 
as a program eligible to be carried out under this subtitle, is 
encouraged to use services available under this subtitle. 
42 use 12546. 
SEC. 126. PUBLIC LANDS OR INDLVN LANDS. 
(a) LIMITATION.—To be eligible to receive assistance through a 
grant provided under this subtitle, a program shall carry out activi-
ties on public lands or Indian lands, or result in a public benefit. 
(b) REVIEW OF APPUCATIONS.—In reviewing applications submit-
ted under section 123 that propose programs or projects to be carried 
out on public lands or Indian lemds, the Commission shall consult 
with the Secretary of the Interior. 
(c) CONSISTENCY.—A program carried out with assistance provided 
under this subtitle for conservation, rehabilitation, or improvement 
of any public lands or Indian lands shall be consistent with— 
(1) the provisions of law and policies relating to the manage-
ment and administration of such lands, and all other applicable 
provisions of law; and 
(2) all management, operational, and other plans and docu-
ments that govern the administration of such lands. 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3145 
(d) PARTICIPATION BY OTHER CONSERVATION PROGRAMS.—Any land 
or water conservation program (or any related program) adminis-
tered in any State under the authority of any Federal program is 
encouraged to use services available under this part to carry out its 
program. 
SEC. 127. TRAINING AND EDUCATION SERVICES. 
42 USC 12547. 
(a) ASSESSMENT OF SKILLS.—Each program agency shall assess the 
educational level of participants at the time of their entrance into 
i^' 
the program, using any available records or simplified assessment 
means or methodology and shall, where appropriate, refer such 
participants for testing for specific learning disabilities. 
(b) ENHANCEMENT OF SKILLS.—Each program agency shall, 
through the programs and activities administered under this sub-
title, enhance the educational skills of participants. 
(c) PROVISION OF PRE-SERVICE AND IN-SERVICE TRAINING AND 
EDUCATION.— 
(1) REQUIREMENT.—Each program agency shall use not less 
than 10 percent of the assistance made avaUable to such agency 
under tWs subtitle in each fiscal year to provide pre-service and 
in-service training and educational materials and services for 
participants in such a program. Program participants shall be 
provided with information concerning the benefits to the 
community that result from the activities undertaken by such 
participants. 
> 
(2) AGREEMENTS FOR ACADEMIC STUDY.—A program agency 
may enter into arrangements with academic institutions or 
education providers, including— 
(A) local education agencies; 
(B) community colleges; 
(C) 4-year colleges; 
(D) area vocational-technical schools; and 
(E) community based organizations; 
to evaluate the basic skills of participants and to make aca-
demic study available to participants to enable such partici-
pants to upgrade literacy skills, to obtain high school diplomas 
or the equivedent of such diplomas, to obtain college degrees, or 
to enhance employable skills. 
(3) COUNSELING.—Career and educational guidance and coun-
seling shall be provided to a participant during a period of in-
service training as described in this subsection. Each graduating 
Employment. 
participant shall be provided with counseling with respect to 
additional study, job skills training or emplojmient and shall be 
provided job placement assistance where appropriate. 
(4) PRIORITY FOR PARTICIPANTS WITHOUT HIGH SCHOOL DIPLO-
MAS.—A program agency shall give priority to participants who 
have not obtained a high school diploma or the equivalent of 
such diploma, in providing services under this subsection. 
(d) STANDARDS AND PROCEDURES.— 
(1) CONSISTENCY WITH STATE AND LOCAL REQUIREMENTS.— 
Appropriate State and local officials shall certify that standards 
and procedures with respect to the awarding of academic credit 
and the certification of educational attainment in programs 
conducted under subsection (c) are consistent with the require-
ments of applicable State and local law and regulations. 
104 STAT. 3146 
PUBLIC LAW 101-610—NOV. 16, 1990 
42 use 12548. 
42 use 12549. 
Urban areas. 
Rural areas. 
42 use 12550. 
(2) ACADEMIC STANDARDS.—The standards and procedures de-
scribed in paragraph (1) shall provide that an individual serving 
in a program that receives assistance under this subtitle— 
(A) who is not a high school graduate, participate in an 
educational curriculum so that such individual can earn a 
high school diploma or the equivalent of such diploma; and 
(B) may arrange to receive academic credit in recognition 
of the education and skills obtained from service satisfac-
torily completed. 
SEC. 128. AMOUNT OF AWARD; MATCHING REQUIREMENT. 
(a) AMOUNT OF AWARD.—In determining the amount of a grant to 
be awarded to an applicant under this subtitle, the Commission 
shall consider— 
(1) the number of participants to be served; 
(2) the youth unemployment rate in the State; and 
(3) the type of project or service proposed to be carried out 
with the assistance provided under this subtitle. 
(b) MATCHING REQUIREMENT.— 
(1) FEDERAL SHARE.—The Federal share of the cost of activities 
for which a grant is made to a State or local applicant under 
this subtitle shall not exceed 75 percent of the total cost of such 
activities. 
(2) DEMONSTRATION OF EFFECTIVENESS.—In addition to 
the 
matching requirement in paragraph (1), the State or local ap-
plicant shall demonstrate to the satisfaction of the Commission 
that the effectiveness of the project will be enhanced by the use 
of Federal funds. 
SEC. 129. PREFERENCE FOR CERTAIN PROJECTS. 
(a) IN GENERAL.—In the consideration of applications submitted 
under section 123, the Commission shall give preference to programs 
that— 
(1) will provide long-term benefits to the public; 
(2) will instill a work ethic and a sense of public service in the 
participants; 
(3) will be labor intensive, and involve youth operating in 
crews; 
(4) can be planned and initiated promptly; and 
(5) will enhemce skills development and educational level and 
opportunities for the participants. 
Qa) SPECIAL RULE.—In the consideration of applications under this 
subtitle the Commission shall ensure the equitable treatment of 
both urban and rural areas. 
SEC. 130. AGE AND CITIZENSHIP CRITERIA FOR ENROLLMENT. 
(a) AGE AND CITIZENSHIP.—Enrollment in programs that receive 
assistance under this subtitle shall be limited to individuals who, at 
the time of enrollment, are— 
(1) not less than 16 years nor more than 25 years of age, 
except that summer programs may include individuals not less 
than 15 years nor more than 21 years of age at the time of the 
enrollment of such individuals; and 
(2) citizens or nationals of the United States or lawful perma-
nent resident aliens of the United States. 
(b) PARTICIPATION OF DISADVANTAGED YOUTH.—Programs that re-
ceive assistance under this subtitle shall ensure that educationally 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3147 
and economically disadvantaged youth, including youth in foster 
care who are becoming too old for foster care, youth with disabil-
ities, youth with limited English proficiency, youth with limited 
basic skills or learning disabilities and homeless youth, are offered 
opportunities to enroll. 
(c) SPECIAL CORPS MEMBERS.—Notwithstanding subsection (aXD, 
program agencies may enroll a limited number of special corps 
members over age 25 so that the corps may draw on their special 
skills to fulfill the purposes of this Act. Programs are encouraged to 
consider senior citizens as special corps members. 
(d) JOINT PROJECTS WITH SENIOR CITIZENS ORGANIZATIONS.—Pro-
gram agencies shall use not more than 2 percent of amounts re-
ceived under this subtitle to conduct joint projects with senior 
citizens organizations to enable senior citizens to serve as mentors 
for youth participants. 
(e) CONSTRUCTION.—Nothing in subsection (a) shall be construed to 
prohibit any program agency from limiting enrollment to any age 
subgroup within the range specified in subsection (aXD. 
SEC. 131. USE OF VOLUNTEERS. 
42 USC 12551. 
Program agencies may use volunteer services for purposes of 
assisting projects carried out under this subtitle and may expend 
funds made available for those purposes to the agency, including 
funds made available under this subtitle, to provide for services or 
costs incidental to the utilization of such volunteers, including 
transportation, supplies, lodging, recruiting, training, and super-
vision. The use of volunteer services under this section shall be 
subject to the condition that such use does not result in the displace-
ment of any participant. 
SEC. 132. POST-SERVICE BENEFITS. 
42 USC12552. 
The program agency shall provide post-service education and Scholarships 
training benefits (such as scholarships and grants) for each partici- ^** fellowships. 
pant in an amoimt that is not in excess of $100 per week, or in 
excess of $5,000 per year, whichever is less. 
SEC. 133. LIVING ALLOWANCE. 
42 USC 12553. 
(a) FULL-TIME SERVICE.— 
(1) IN GENERAL.—From assistance provided under this sub-
title, each participant in a full-time youth corps program that 
receives assistance under this subtitle shall receive a living 
allowance of not more than an amount equal to 100 percent of 
the poverty line for a family of two (as defined in section 673(2) 
of the Community Services Block Grant Act (42 U.S.C. 9902(2))). 
(2) NON-FEDERAL SOURCES.—Notwithstanding paragraph (1), a 
program agency may provide participants with additional 
amounts that are made available from non-Federal sources. 
(b) REDUCTION IN EXISTING PROGRAM BENEFITS.— 
(1) IN GENERAL.—Nothing in this section shall be construed to 
require a program in existence on the date of enactment of this 
Act to decrease any stipends, salaries, or living allowances 
provided to participants under such program so long as the 
amount of any such stipends, salaries, or living allowances that 
is in excess of the levels provided for in this section are paid 
from non-Federal sources. 
104 STAT. 3148 
PUBLIC LAW 101-610—NOV. 16, 1990 
(2) FAIR LABOR STANDARDS ACT OF 1938.—For purposes of the 
Fair Labor Standards Act of 1938, residential youth corps pro-
grams under this subtitle will be considered an organized camp. 
(c) HEALTH INSURANCE.—In addition to the living sdlowance pro-
vided under subsection (a), program agencies are encouraged to 
provide health insurance to each participant in a full-time youth 
corps program who does not otherwise have access to health insur-
ance. 
(d) FACILITIES, SERVICES, AND SUPPUES.— 
(1) IN GENERAL.—The program agency may deduct, from 
amounts provided under subsections (a) and (c) to a participant, 
a reeisonable portion of the costs of the rates for any room and 
board that is provided for such participant at a residential 
facility. Such deducted funds shall be deposited into rollover 
accounts that shall be used solely to defray the costs of room 
and board for participants. 
(2) EVALUATION.—The program agency shall establish the 
amount of the deductions and rates under paragraph (1) after 
evaluating the costs of providing such room and board to the 
participant. 
(3) DUTIES OF PROGRAM AGENCY.—A program agency may 
provide facilities, quarters, and board and shall provide limited 
and emergency medical care, transportation from administra-
tive facilities to work sites, accommodations for individuals with 
disabilities, and other appropriate services, supplies, and equip-
ment to each participant. 
(4) OTHER FEDERAL AGENCIES.— 
(A) IN GENERAL.—The Commission may provide services, 
facilities, supplies, and equipment, including £iny surplus 
food and equipment available from other Federal programs, 
to any program agency carrying out projects under this 
subtitle. 
(B) 
SECRETARY OF DEFENSE.—Whenever possible, 
the 
Commission shall make arrangements with the Secretary of 
Defense to have logistical support provided by a military 
installation near the work site, including the provision of 
temporary tent centers where needed, and other supplies 
and equipment. 
(5) HEALTH AND SAFETY STANDARDS.—The Commission and 
program agencies shall establish standards and enforcement 
procedures concerning the health and safety of participants for 
all projects, consistent with Federal, State, and local health and 
safety standards. 
42 use 12554. 
SEC. 134. JOINT PROGRAMS. 
(a) DEVELOPMENT.—The Commission may develop, in cooperation 
with the heads of other Federcd agencies, regulations designed to 
permit, where appropriate, joint programs in which activities sup-
ported with assistance made available under this subtitle are coordi-
nated with activities supported with assistance made available 
under programs administered by the heads of such agencies (includ-
ing the Job Training Partnership Act (29 U.S.C. 1501 et seq.)). 
(b) STANDARDS.—Regulations promulgated under subsection (a) 
shall establish standards for the approval of joint programs that 
meet both the purposes of this title and the purposes of such statutes 
under which assistance is made available to support such projects. 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3149 
(c) OPERATION OF MANAGEMENT AGREEMENTS.—Program agencies 
may enter into contracts and other appropriate arrangements with 
local government agencies and nonprofit organizations for the oper-
ation or maneigement of any projects or facilities under the program. 
(d) COORDINATION.—The Commission and program agencies carry-
ing out programs under this subtitle shall coordinate the programs 
with related Federal, State, local, and private activities. 
SEC. 135. FEDERAL AND STATE EMPLOYEE STATUS. 
42 USC 12555. 
(a) IN GENERAL.—Participants and crew leaders shall be respon-
sible to, or be the responsibility of, the program agency administer-
ing the program on which such participants, crew leaders, and 
volunteers work. 
(b) NON-FEDERAL EMPLOYEES.— 
(1) IN GENERAL.—Except as otherwise provided in this subsec-
tion, a participant or crew leader in a program that receives 
assistance under this subtitle shall not be considered a Federal 
employee and shall not be subject to the provisions of law 
relating to Federal emplojnnent. 
(2) WORK-RELATED INJURY.—For purposes of subchapter I of 
chapter 81 of title 5, United States Code, relating to the com-
pensation of Federal employees for work injuries, a participant 
or crew leader serving in a program that receives assistance, 
under this subtitle shall be considered an employee of the 
United States within the meaning of the term "employee" as 
defined in section 8101 of title 5, United States Code, and the 
provision of that subchapter shall apply, except— 
(A) the term "performance of duty", as used in such 
subchapter, shall not include an act of a participant or crew 
leader while absent from the assigned post of duty of such 
participant or crew leader, except while participating in an 
activity authorized by or under the direction and super-
vision of a program agency (including an activity while on 
pass or during travel to or from such post of duty); and 
(B) compensation for disability shall not begin to accrue 
until the day following the date that the employment of the 
injured participsint or crew leader is terminated. 
(3) TORT CLAIMS PROCEDURE.—For purposes of chapter 171 of 
title 28, United States Code, relating to tort claims procedure, a 
participant or crew leaders assigned to a youth corps program 
for which a grant has been made to the Secretary of Agri-
culture, Secretary of the Interior, or the Director of ACTION, 
shall be considered an employee of the United States within the 
meaning of the term "employee of the government" as defined 
in section 2671 of such title. • 
(4) ALLOWANCE FOR QUARTERS.—For purposes of section 5911 
of title 5, United States Code, relating to allowances for quar-
ters, a participeuit or crew leader shall be considered an em-
ployee of the United States within the meaning of the term 
"employee" as defined in paragraph (3) of subsection (a) of such 
section. 
(c) AvAiLABiUTY OF APPROPRIATION.—Contract authority under 
this subtitle shall be subject to the availability of appropriations. 
Assistance made available under this subtitle shall only be used for 
activities that are in addition to those which would otherwise be 
carried out in the area in the absence of such funds. 
39-194 O - 91 - 27 : QL 3 Part 4 
104 STAT. 3150 
PUBLIC LAW 101-610—NOV. 16, 1990 
42 use 12556. 
SEC. 136. REGULATIONS AND ASSISTANCE. 
(a) IN GENERAL.—Before the end of the 120-day period beginning 
on the date of the enactment of this Act, the Commission shall 
promulgate regulations necessary to implement the program estab-
lished by this subtitle. 
(b) NOTICE AND COMMENT.— 
(1) IN GENERAL.—Prior to the end of the 30-day period begin-
ning on the date of the enactment of this Act, the Commission 
shall establish procedures to provide program agencies and 
other interested parties (including the general public) with 
adequate notice and an opportunity to comment on and partici-
pate in the formulation of r^ulations promulgated under 
subsection (a). 
(2) REPORTING.—The regulations promulgated under subsec-
tion (a) shall include provisions to assure uniform reporting 
on— 
(A) the activities and accomplishments of Youth Corps 
programs; 
(B) the demographic characteristics of participants in the 
Youth Corps; and 
(C) such other information as may be necessary to pre-
pare the annual report required by section 172. 
National and 
Community 
Service Act. 
42 use 12501 
note. 
42 use 12571. 
42 use 12572. 
Subtitle D—National and Community Service 
Urban aresis. 
Rural areas. 
SEC. 140. SHORT TITLE. 
This subtitle may be cited as the 
Service Act". 
'National and Community 
SEC. 141. GENERAL AUTHORITY. 
The Commission may make grants under section 102 to States for 
the creation of full- and part-time national and community service 
programs. 
SEC. 142. GRANTS. 
(a) 
CRITERIA 
FOR RECEIVING 
APPLICATIONS.—In 
determining 
whether to award a grant to a State under section 141, the Commis-
sion shEill consider— 
(1) the ability of the proposed program of such State to serve 
as an effective model for a large-scale national service program; 
(2) the quality of the application of such State, including the 
plan of such State for training, recruitment, placement, and 
data collection; 
(3) the extent that the proposed program builds on existing 
programs; and 
(4) the expediency with which the State proposes to make the 
program operational. 
Qo) DIVERSITY.—The Commission shall ensure that programs 
receiving assistance under this subtitle are geographically diverse 
and include programs in both urban and rural States. 
(c) TRAINING AND SKILLS.—The Commission shall ensure that 
some of the programs funded under this subtitle enroll individuals 
who have completed undergraduate education or specialized post-
secondary training and whose training and skills enable them to 
provide needed services in the State. 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3151 
(d) COMPOSITION OF PROGRAMS.—The Commission shall ensure 
that not less than 25 percent of the programs that receive assistance 
under this subtitle include full-time, part-time and special senior 
service participants. 
(e) DESIGN OF PROGRAMS.—States shall design programs, consist-
ent with the provisions of this Act, that meet the unique needs of 
the State, which may include programs that limit the type of service 
participants may perform or limit the age of participants to a 
narrower age subgroup. 
(f) STATE APPUCATION FOR GRANT.—To receive a grant under 
section 141, a State shall prepare and submit, to the Commission, an 
application at such time, in such manner, and containing such 
information as the Commission may reasonably require, including— 
(1) a description of the State administrative plan for the 
implementation of a program with assistance provided under 
this subtitle, including such functions, if any, that will be 
carried out by public and private nonprofit organizations pursu-
ant to a grant or contract; 
(2) a description of the manner in which an ethnically and 
economically diverse group of participants, including economi-
cally and education^ly disadvantaged individuals, college-
bound youth, individuals with disabilities, youth in foster care 
who are becoming too old for foster care, and employed individ-
uals, shall be recruited and selected for participation in a 
program receiving assistance under this subtitle; 
(3) a description of the procedures for training supervisors 
and participants and for supervising and organizing partici-
pants in such program; 
(4) a description of the procedures to ensure that the program 
provides participants with an opportunity to reflect on their 
service experience; 
(5) a description of the geographical areas within such State 
in which the program would be operated to provide the opti-
mum match between the need for services and the anticipated 
supply of participants; 
(6) a description of the plan for placing such participants in 
teams or m£iking individual placements in such program; 
(7) assurances that, prior to such placement, the State will 
consult with any local labor organization representing employ-
ees in the area who are engaged in the same or similar work as 
that proposed to be carried out by such program; 
(8) assurances that, prior to such placement, such State will 
consult with employees at the proposed project site who are 
engaged in the same or similar work as that proposed to be 
carried out by such program; 
(9) a description of the anticipated number of full- and part-
time participants and special senior service members in such 
program; 
(10) a plan for the recruitment and selection of sponsoring 
organizations that will receive participants under programs 
that receive assistance under this subtitle; 
(11) a description of the procedures for matching such partici-
pants with such sponsoring organizations; 
(12) a description of the procedures to be used to assure that 
sponsoring organizations that are not matched with partici-
pants shall be provided with information concerning the VISTA 
104 STAT. 3152 
PUBLIC LAW 101-610—NOV. 16, 1990 
program and the programs established under title II of the 
Domestic Volunteer Service Act of 1973 (42 U.S.C. 5001 et seq.); 
(13) the State budget for the program; 
(14) a plan for evaluating the program and assurances that 
such State will fully cooperate with any evaluation undertaJcen 
by the Commission pursuant to section 178; and 
(15) any other information as the Commission may reasonably 
require. 
(g) NUMBER OF STATES.— 
(1) IN GENERAL.—The Commission shall ensure that not more 
than five States are authorized to operate full-time programs 
and not more than five States are authorized to operate part-
time programs in fiscal year 1991 under this subtitle. 
(2) SINGLE PROGRAM.—For purposes of paragraph (1), a State 
operating a single national service program with both full- and 
part-time options shall be counted as a State operating a full-
time program and a State operating a part-time program. 
(3) COOPERATIVE ARRANGEMENT.—For purposes of paragraph 
(1), a State operating a national service program involving a 
cooperative arrangement with a multi-State organization or 
with sites in more than one State shall be counted as a single 
State. 
(4) AUTHORIZED PROGRAMS IN FISCAL YEAR 1991.—The Commis-
sion shall ensure that not more than eight States are authorized 
to operate programs in fiscal year 1991 under this subtitle. 
(h) INDIAN TRIBES.—An Indian tribe shall be treated the same as a 
State for purposes of making grants under this subtitle. 
42 u s e 12573. 
SEC. 143. TYPES OF NATIONAL SERVICE. 
A participant in a program that receives assistance under this 
subtitle shall perform national service to meet unmet educational, 
human, environmental, and public safety needs, especially those 
needs relating to poverty. 
42 u s e 12574. 
SEC. 144. TERMS OF SERVICE. 
(a) LENGTH OF SERVICE.— 
(1) PART-TIME.—An individual performing part-time national 
service under this subtitle shall agree to perform community 
service for not less than 3 years. 
(2) F\jLL-TiME.—An individual performing full-time national 
service under this subtitle shall agree to perform community 
service for not less than 1 year nor more than 2 years, at the 
discretion of such individual. 
(3) SPECIAL SENIOR SERVICE.—A special senior service partici-
pant performing national service under this subtitle shall serve 
for a period of time as determined by the Commission. 
(b) PARTIAL COMPLETION OF SERVICE.—If the State releases a 
participant from completing a term of service in a program receiv-
ing assistance under this subtitle for compelling personal cir-
cumstances as demonstrated by such participant, the (Commission 
may provide such participant with that portion of the financial 
assistance described in section 146 that corresponds to the quantity 
of the service obligation completed by such individual. 
(c) TERMS OF SERVICE.— 
(1) PART-TIME.—A participant performing part-time national 
service under this subtitle shall serve for— 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3153 
(A) 2 weekends each month and 2 weeks during the year; 
or 
(B) an average of 9 hours per week each year of service. 
(2) FULL-TIME.—A participant performing full-time national 
service under this subtitle shall serve for not less than 40 hours 
per week each year of service. 
(3) SPECIAL SENIOR SERVICE.—A special senior service partici-
pant performing national service under this subtitle shall serve 
either part- or full-time as permitted by the Commission. 
SEC. 145. ELIGIBILITY. 
(a) PART-TIME.— 
(1) REQUIREMENTS.—An individual may serve in a part-time 
national service program under this subtitle if such individ-
ual— 
(A) is 17 years of age or older; and 
(B) is a citizen of the United States or lawfully admitted 
for permanent residence. 
(2) PRIORITY.—In selecting applicants for a part-time program, 
States shall give priority to applicants who are currently 
employed. 
0?) FULL-TIME.—An individual may serve in a full-time national 
service program under this subtitle if such individual— 
(1) is 17 years of age or older; 
(2) has received a high school diploma or the equivalent of 
such diploma, or agrees to achieve a high school diploma or the 
equivalent of such diploma while participating in the program; 
and 
(3) is a citizen of the United States or lawfully admitted for 
permanent residence. 
(c) SPECIAL SENIOR SERVICE.—An individual may serve as a special 
senior service member under this subtitle if such individual— 
(1) is 60 years of age or older; and 
(2) meets the eligibility criteria for special senior service 
membership established by the Commission. 
SEC. 146. POST-SERVICE BENEFITS. 
(a) PART-TIME.— 
(1) FEDERAL SHARE.—The Commission shall annually provide 
to each part-time participant a nontransferrable post-service 
benefit that is equ^ in value to $1,000 for each year of service 
that such participant provides to the program. 
(2) STATE SHARE,— 
(A) IN GENERAL.—The State shall annually provide to 
each part-time participant a nontransferrable post-service 
benefit that is equal in value to $1,000 for each year of 
service that such participant provides to the program. 
(B) WAIVER.—A State may apply for a waiver to reduce 
the amount of the post-service benefit to an amount that is 
equal to not less than the average annual tuition and 
required fees at 4^ear public institutions of higher edu-
cation within such State. 
(3) CONSTRUCTION.—Nothing in this subsection shall be con-
strued to prevent a State from using funds made available from 
non-Federal sources to increase the amount of post-service bene-
fits provided under paragraph (1) to an amount in excess of that 
described in such paragraph. 
42 use 12575. 
42 use 12576. 
104 STAT. 3154 
PUBLIC LAW 101-610—NOV. 16, 1990 
(b) FULL-TIME.— 
(1) FEDERAL SHARE.—The Commission shall annually provide 
to each full-time participant a nontransferrable post-service 
benefit that is equal in value to $2,500 for each year of service 
that such participant provides to the program. 
(2) STATE SHARE.— 
(A) IN GENERAL.—The State shall annually provide to 
each full-time participant a nontransferrable post-service 
benefit that is equal in value to $2,500 for each year of 
service that such participant provides to the program. 
(B) WAIVER.—A State may apply for a waiver to reduce 
the amount of the post-service benefit to an amount that is 
equal to not less than the average annual tuition, required 
fees, and room and board costs at 4-year public institutions 
of higher education within such State. 
(3) CONSTRUCTION.—Nothing in this subsection shall be con-
strued to prevent a State from using funds made available from 
non-Federal sources to increase the amount of post-service bene-
fits provided under paragraph (1) to an amount in excess of that 
described in such paragraph. 
(c) SPECIAL SENIOR SERVICE PARTICIPANT.—A special senior service 
participant shall be ineligible to receive post-service benefits under 
this section. 
(d) INDEXING.—The Commission shall increase the value of post-
service benefits provided under this section in each fiscal year based 
on the increase in the costs associated with attending a 4-year 
institution of higher education during that fiscal year. The Commis-
sion shall determine such increases in costs based on information 
made available by the Bureau of Labor Statistics and the National 
Center for Education Statistics. 
(e) POST-SERVICE BENEFIT.— 
(1) PART-TIME.—A post-service benefit provided under subsec-
tion (a) shall only be used for— 
(A) payment of a student loan from Federal or non-
Federal sources; 
(B) downpajmient or closing costs associated 
with 
purchasing a first home; or 
(C) tuition at an institution of higher education on a full-
time basis, or to pay the expenses incurred in the full-time 
participation in an apprenticeship program approved by the 
appropriate State agency. 
(2) FULL-TIME.—A post-service provided under subsection Ot)) 
shall only be used for— 
(A) payment of a student loan from Federal or non-
Federal sources; or 
(B) tuition, room and board, books and fees, and other 
costs associated with attendance (pursuant to section 472 of 
the Higher Education Act of 1965 (20 U.S.C. 108711)) at an 
institution of higher education on a full-time basis, or to 
pay the expenses incurred in the full-time participation in 
an apprenticeship program approved by the appropriate 
State agency. 
42 use 12577. 
SEC.147. LIVING ALLOWANCE. 
(a) FULL-TIME SERVICE.— 
(1) IN GENERAL.—From assistance provided under this sub-
title, each participant in a full-time national service prc^am 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3155 
receiving assistance under this subtitle shall receive a living 
allowance of not more than an amount equal to 100 percent of 
the poverty line for a family of two (aa defined in section 673(2) 
of the Community Services Block Grant Act (42 U.S.C 9902(2))). 
(2) NON-FEDERAL SOURCES.—Notwithstanding paragraph (1), a 
program agency may provide participants with additional 
amounts that are made available from non-Federed sources. 
(b) REDUCTION IN EXISTING PROGRAM BENEFITS.—Nothing in this 
section shall be construed to require a program in existence on the 
date of enactment of this Act to decrease any stipends, salaries, or 
living allowances provided to participants under such program. 
(c) HEALTH INSURANCE.—In addition to the living allowance pro-
vided under subsection (a), grantees are encouraged to provide 
health insurance to each participant in a full-time national service 
program who does not otherwise have access to health insurance. 
(d) SPECIAL SENIOR SERVICE PARTICIPANT.— 
(1) FULL-TIME.—Each full-time special senior service partici-
pant shall receive a living allowance equal to the living allow-
ance provided to full-time participants under subsection (a), and 
such other assistance as the Commission considers necessary 
and appropriate for a special senior service participant to carry 
out the service obligation of such participant. 
(2) PART-TIME.—Each part-time special senior service partici-
pant shall receive a living allowsince equal to a share of such 
allowance offered to a full-time special senior service partici-
pant under paragraph (1), that has been prorated according to 
the number of hours such part-time participant serves in the 
program, and such other assistance that the Commission consid-
ers necessary and appropriate for a special senior service 
participant to carry out the service obligation of such partici-
pant. 
SEC. 148. TRAINING. 
42 USC 12578. 
(a) PROGRAM TRAINING.— 
(1) IN GENERAL.—Each participant shall receive 3 weeks of 
training provided by the Commission in cooperation with the 
State. 
(2) CONTENTS OF TRAINING SESSION.—Each training session 
described in paragraph (1) shall— 
(A) orient each participant in the nature, philosophy, and 
purpose of the program; 
(B) build an ethic of community service; and 
(C) train each participant to effectively perform the as-
signed program task of such participant by providing— 
(i) general training in citizenship and civic and 
community service; and 
(ii) if feasible, specialized training for the type of 
service that each participant will perform. 
(b) ADDITIONAL TRAINING.—Each State may provide additional 
training for participants as such State determines necessary. 
(c) AGENCY OR ORGANIZATION TRAINING.—Each participant shall 
receive training from the sponsoring organization in skills relevant 
to the work to be conducted. 
(d) 
ACCOMMODATIONS FOR INDIVIDUALS WITH DISABIUTIES.—In 
accordance with the nondiscrimination provisions of section 175, 
each training program shall provide reasonable accommodations for 
individuals with disabilities. 
104 STAT. 3156 
PUBLIC LAW 101-610—NOV. 16, 1990 
42 use 12579. 
42 use 12580. 
42 use 12591. 
42 use 12601. 
42 use 12602. 
Indians. 
SEC. 149. PUBLIC-PRIVATE PARTNERSHIP. 
The Commission shall consider and develop opportunities for 
cooperation between public and private entities in the funding and 
implementation of a program receiving assistance under this sub-
title, including cost-sharing arrangements with sponsoring organiza-
tions. 
SEC. 150. IN-SERVICE EDUCATION BENEFITS. 
Each State that receives assistance under this subtitle shall pro-
vide to each participant enrolled in a full-time program in-service 
educational services and materials to enable such participant to 
obtain a high school diploma or the equivalent of such diploma. 
Subtitle E—Innovative and Demonstration 
Programs and Projects 
PART I—LIMITATION ON GRANTS 
SEC. 155. LIMITATION ON GRANTS. 
The Commission shall make grants for not fewer than three 
programs authorized in this subtitle. 
PART II—GOVERNORS' INNOVATIVE SERVICE 
PROGRAMS 
SEC. 156. GENERAL AUTHORITY. 
The Commission may make grants under section 102 to States or 
Indians tribes for the creation of innovative volunteer and commu-
nity service programs. 
SEC. 157. GRANTS. 
(a) 
CRITERIA 
FOR 
RECEIVING 
APPUCATIONS.—In 
determining 
whether to award a grant under section 156, the Commission shall 
consider— 
(1) the ability of the proposed program to serve as an effective 
model; 
(2) the quality of the application submitted for the grant; 
(3) the extent to which the proposed program builds on exist-
ing programs; and 
(4) the degree to which the program responds to human, 
educational, environmental and public safety needs in an 
innovative manner. 
(b) AUTHORIZED ACTIVITIES.—Grants under this part may be used 
for— 
(1) enhancing volunteer and community service programs; 
(2) demonstration programs; 
(3) research concerning, assessment of, and evaluation of 
service programs; 
(4) coordination of service programs; 
(5) technical assistance; 
(6) training and staff development; and 
(7) collection and dissemination of information concerning 
service programs. 
(c) APPLICATION FOR GRANT.—To receive a grant under this part, a 
State or Indian tribe shall prepare and submit to the Commission, 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3157 
an application at such time, in such manner, and containing such 
information as the Commission may reasonably require, including— 
(1) a description of the proposed program to be established 
with assistance provided under the grant; 
(2) a description of the human, educational, environmental or 
public safety service that participants will perform and the 
State or community need that will be addressed under such 
proposed program; 
(3) a description of the target population of participants and 
how they will be recruited; 
(4) a description of the procedure for training supervisors and 
participants and for supervising and organizing participants in 
such proposed program; 
(5) a description of the procedures to ensure that the proposed 
program provides participants with an opportunity to reflect on 
their service experiences; 
(6) a description of the budget for the program; 
(7) assurances that, prior to the placement of a participant in 
the program, the applicant will consult with any local labor 
organization representing employees in the area who are en-
gaged in the same or similar work as that proposed to be carried 
out by such project; and 
(8) assurances that, prior to the placement of a participant in 
a program, the applicant will consult with employees at the 
proposed program site who are engaged in the same or similar 
work as that proposed to be carried out by such program. 
PART III—PEACE CORPS 
SEC. 160. PROGRAM AUTHORIZED. 
(a) GENERAL AUTHORITY.—The Commission is authorized to make 
grants to the Director of the Peace Corps or the Director of ACTION 
to cany out training and educational benefits demonstration pro-
grams in accordance with this part. 
(b) CONTRACT AUTHORITY.—The Director of the Peace Corps and 
the Director of ACTION are authorized, either directly or by way of 
grant, contract, or other arrangement, to carry out the provisions of 
this part. The authority to enter into contracts under this part shall 
be effective for any fiscal year only to such extent or in such 
amounts as are provided in appropriations Acts. 
SEC. 161. ELIGIBILITY AND SELECTION PROCEDURES. 
(a) ELIGIBILITY.—Any individual who— 
(1) has completed at least 2 years of satisfactory study at an 
institution of higher education, is enrolled in an educational 
program of at least 4 years at an institution of higher education 
for which such institution awards a bachelor's degree, and will 
complete such progrsim within 2 years; 
(2) enters into an agreement with the Director of the Peace 
Corps or the Director of ACTION to serve at least 3 years as a 
volunteer in the Peace Corps or in VISTA; and 
(3) is selected pursuant to the competitive process esteblished 
under subsection (b); 
is eligible to participate in the demonstration program authorized 
by this part. 
(b) SELECTION PROCEDURES.—The Director of the Peace Corps and 
the Director of ACTION shall each esteblish uniform criteria for the 
42 use 12611. 
42 use 12612. 
104 STAT. 3158 
PUBLIC LAW 101-610—NOV. 16, 1990 
selection on a competitive basis of individuals to participate in the 
training programs established under section 162 and to receive 
educational benefits under section 163. The selection procedures 
established under this section shall be designed to provide for the 
awarding of grants for benefits only to students from groups 
traditionally underrepresented in the Peace Corps or VISTA and to 
students who will specialize in courses of instruction for which, there 
is a special need in the Peace Corps or VISTA. Not more than 50 
individuals shall be selected to participate in the training programs 
established under section 162. 
42 u s e 12613. 
SEC. 162. TRAINING PROGRAM. 
The Director of the Peace Corps and the Director of ACTION shall 
each establish and carry out a training program under which each 
individual selected imder section 161(b), as part of the course of 
study which the individual is pursuing at the institution of higher 
education of such individual, receives appropriate training in skills 
that such individual will employ in the Peace Corps or VISTA. 
42 u s e 12614. 
SEC. 163. EDUCATIONAL BENEFITS. 
(a) BENEFITS PROVIDED.—Each individual who has been selected 
under section 1610?) shall be eligible to receive educational benefits 
in an amount that the Director of the Peace Corps or the Director of 
ACTION finds reasonable and appropriate, but that shall not exceed 
the costs of tuition, room and board, books, and fees that the 
individual incurs in attending the institution of higher education of 
such individual during the remaining 2 years of the educational 
program in which the individual is enrolled. 
(b) FORM OP BENEFITS.—The educational benefits provided to an 
individual under subsection (a) shall be in the form of grants, 
remissions of expenses, or such other form as the Director of the 
Peace Corps or the Director of ACTION considers appropriate. 
(c) REPAYMENT OF BENEFITS.—An individual provided benefits 
under subsection (a) shall repay the amount of the benefits so 
provided, plus interest not to exceed that permitted under section 
427A of the Higher Education Act of 1965 (20 U.S.C. 1077a)— 
(1) if the individuEil fails to complete the educational program 
of such individual within the 2-year period specified in section 
161(aXl), or 
(2) if the individual fails to serve 3 years as a volunteer in the 
Peace Corps or VISTA upon completing the educational pro-
gram of such individual. 
The Director of the Peace Corps or the Director of ACTION may 
waive the repayment requirement if exceptional circumstances, 
such as illness or death, prevent an individual from meeting such 2-
year or 3-year requirement. 
(d) COLLECTION BY SECRETARY OF EDUCATION.—The Secretary of 
Education shall have the authority to collect amounts owed by an 
individual under subsection (c). The Secretary may, for the purpose 
of collecting such amounts, exercise the authorities conferred on the 
Secretary by sections 467 and 468 of the Higher Education Act of 
1965 (20 U.S.C. 1087gg and 1087hh) with respect to the collection of 
defaulted loans under part E of title IV of that Act. Amounts 
collected under this subsection shall be deposited in the general 
fund of the Treasury. 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3159 
SEC. 164. EVALUATION AND REPORT. 
42 USC 12615. 
The Greneral Accounting Office shall conduct an evaluation of any 
program authorized by this part and shall prepare and submit to the 
President and the appropriate committees of Congress— 
(1) not later than October 31, 1993, an interim report on such 
evaluation; and 
(2) not later than October 31, 1995, a final report on such 
evaluation, together with such recommendations, including rec-
ommendations for legislation, as the Director of the Peace 
Corps, the Director of ACTION, and the Secretary consider 
appropriate. 
PART 
IV—OTHER 
VOLUNTEER 
PROGRAMS 
SEC. 165. RURAL YOUTH SERVICE DEMONSTRATION PROJECT. 
The Commission is authorized, in accordance with this subtitle, to 
make grants and enter into contracts under section 102 for the 
establishment of demonstration projects in rural areas. Such 
projects may include volunteer service involving the elderly and 
assisted-living services performed by students, school dropouts, and 
out-of-school youth. 
SEC. 166. ASSISTANCE FOR HEAD START. 
The Commission, in consultation with the Director of ACTION, is 
authorized to make grants under section 102 to grantees under the 
Foster Grandparent Program (part B of title II of the Domestic 
Volunteer Service Act) for the purpose of increasing the number of 
low-income individuals who provide services under such program to 
children who participate in Head Start programs. 
SEC. 167. EMPLOYER-BASED RETIREE VOLUNTEER PROGRAMS. 
42 USC 12623. 
The Commission is authorized to make grants under section 102 to 
public and private nonprofit organizations for the purpose of bring-
ing together retirees, their former employers, and community agen-
cies to develop employer-based retiree volunteer programs. 
Subtitle F—Administrative Provisions 
42 USC 12621. 
Government 
contracts. 
42 USC 12622. 
SEC. 171. LIMITATION ON NUMBER OF GRANTS. 
42 USC 12631. 
(a) IN GENERAL.—The Commission shall not award more than one 
grant during each fiscal year to each State under section 102. 
(b) NUMBER OF APPUCATIONS.—In submitting applications for a 
grant under section 102, a State shall consolidate all of the applica-
tions of such State for the conduct of programs under subtitles B 
through E, into a single application that meets the requirements of 
such subtitles. 
(c) MULTIPLE USE.—A grant awarded under section 102 to a State 
may be used by the State in accordance with the applications 
consolidated, submitted, and approved under subtitles B through E. 
SEC. 172. REPORTS. 
42 USC 12632. 
(a) STATE REPORTS.— 
(1) IN GENERAL.—Each State receiving assistance under this 
title shall prepare and submit, to the Commission, an annual 
report concerning the use of assistance provided under this title 
104 STAT. 3160 
PUBLIC LAW 101-610—NOV. 16, 1990 
and the status of the national and community service programs 
that receive assistance under such title in such State. 
(2) LOCAL GRANTEES.—Each State may require local grantees 
that receive assistance under this title to supply such informa-
tion to the State as is necessary to enable the State to complete 
the report required under paragraph (1), including a comparison 
of actual accomplishments with the goals established for the 
program, the number of participants in the program, the 
number of service hours generated, and the existence of any 
problems, delajrs or adverse conditions that have affected or will 
affect the attainment of program goals. 
(3) REPORT DEMONSTRATING COMPLIANCE.— 
(A) IN GENERAL.—Each State receiving assistance under 
this title shall include information in the report required 
under paragraph (1) that demonstrates the compliance of 
the State with the provisions of this Act, including sections 
177 and 113(9). 
(B) LOCAL GRANTEES.—Each State may require local 
grantees to supply such information to the State as is 
necessary to enable the State to comply with the require-
ment of paragraph (1). 
(4) AVAILABILITY OF REPORT.—Reports submitted under para-
graph (1) shall be made available to the public on request. 
(b) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than 120 days after the end of each 
fiscal year, the Commission shall prepare and submit, to the 
appropriate authorizing and appropriation Committees of Con-
gress, a report concerning the programs that receive assistance 
under this title. 
(2) CONTENT.—Reports submitted under paragraph (1) shall 
contain a summary of the information contained in the State 
reports submitted under subsection (a), and shall reflect the 
findings and actions taken sis a result of any evaluation con-
ducted by the Commission. 
42 u s e 12633. 
SEC. 173. SUPPLEMENTATION. 
(a) IN GENERAL.—Assistance provided under this title shall be 
used to supplement the level of State and local public funds ex-
pended for services of the type assisted under this title in the 
previous fiscal year. 
(b) AGGREGATE EXPENDITURE.—Subsection (a) shall be satisfied, 
with respect to a particular program, if the £iggregate expenditure 
for such program for the fiscal year in which services are to be 
provided will not be less than the aggregate expenditure for such 
program in the previous fiscal year, excluding the amount of Fed-
eral assistance provided and any other amounts used to pay the 
remainder of the costs of programs assisted under this title. 
42 u s e 12634. 
SEC. 174. PROHIBITION ON USE OF FUNDS. 
(a) PROHIBITED USES.—No assistance made available under a grant 
under this title shall be used to provide religious instruction, con-
duct worship services, or engage in any form of proselytization. 
0)) POLITICAL ACTIVITY.—Assistance provided under this title shall 
not be used by program participants and program staff to— 
(1) assist, promote, or deter union organizing; or 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3161 
(2) finance, directly or indirectly, any activity designed to 
influence the outcome of an election to Federal office or the 
outcome of an election to a State or local public office. 
(c) CONTRACTS OR COLLECTIVE BARGAINING AGREEMENTS.—A pro-
gram that receives assistance under this title shall not impair 
existing contracts for services or collective bargaining agreements. 
SEC. 175. NONDISCRIMINATION. 
42 USC 12635. 
(a) IN GENERAL.—An individual with responsibility for the oper-
ation of a project that receives assistance under this title shall not 
discriminate against a participant or member of the staff of such 
project on the basis of race, color, national origin, sex, age, disabil-
ity, or political affiliation of such member. 
(b) FEDERAL FINANCIAL ASSISTANCE.—Any assistance provided 
under this title shall constitute Federal financial 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.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Age 
Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and the regula-
tions issued under such Acts. 
(c) REUGIOUS DISCRIMINATION.— 
(1) IN GENERAL.—Except as provided in paragraph (2), an 
individual with responsibility for the operation of a project that 
receives assistance under this title shall not discriminate on the 
basis of religion against a participant or a member of the project 
staff who is paid with funds received under this title. 
(2) EXCEPTION.—Paragraph (1) shall not apply to the employ-
ment, 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 Commission 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 opportunity to be heard can be provided. 
SEC. 176. NOTICE, HEARING, AND GRIEVANCE PROCEDURES. 
42 USC 12636. 
(a) IN GENERAL.— 
(1) SUSPENSION OF PAYMENTS.—The Commission may in 
accordance with the provisions of this title, suspend or termi-
nate payments under a contract or grant providing assistance 
under this title whenever the Ck)mmission determines there is a 
material failure to comply with this title or the applicable terms 
and conditions of any such grant or contract issued pursuant to 
this title. 
(2) PROCEDURES TO ENSURE ASSISTANCE.—The Commission 
shall prescribe procedures to ensure that— 
(A) assistance provided under this title shall not be sus-
pended for failure to comply with the applicable terms and 
conditions of this title except, in emergency situations, a 
suspension may be granted for 30 days; and 
(B) assistance provided under this title shall not be termi-
nated for failure to comply with applicable terms and condi-
tions of this title unless the recipient of such assistance has 
been afforded reasonable notice and opportunity for a full 
and fair hearing. 
104 STAT. 3162 
PUBLIC LAW 101-610—NOV. 16, 1990 
G)) HEAKINGS.—Hearings or other meetings that may be necessary 
to fulfill the requirements of this section shall be held at locations 
convenient to the recipient of assistance under this title. 
(c) TRANSCRIPT OR RECORDING.—A transcript or recording shall be 
made of a hearing conducted under this section and shall be avail-
able for inspection by any individual. 
(d) STATE LEGISLATION.—Nothing in this title shall be construed to 
preclude the enactment of State legislation providing for the im-
plementation, consistent with this title, of the programs adminis-
tered under this title. 
(e) Ck)NSTRUCTiON.—Nothing in this title shall be construed to link 
performance of service with receipt of Federal student financial 
assistance. 
if) GRIEVANCE PROCEDURE— 
(1) IN GENERAL.—State and local applicants that receive 
assistance under this title shall establish and maintain a proce-
dure to adjudicate grievances from participants, labor organiza-
tions, and other interested individuals concerning programs 
that receive assistance under this title, including grievances 
regarding proposed placements 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. 
(3) DEADLINE FOR HEARING AND DECISION.— 
(A) HEARING.—A hearing on any grievance conducted 
under this subsection shall be conducted not later than 30 
days of filing such grievance. 
(B) DECISION.—A decision on any grievance shall be made 
not later than 60 days after the filing of such grievance. 
(4) ARBITRATION.— 
(A) IN GENERAL.—On the occurrence of an adverse griev-
ance decision, or 60 days after the filing of such grievance if 
no decision has been reached, the party filing the grievance 
shall be permitted to submit such grievance to binding 
arbitration before a qualified arbitrator who is jointly se-
lected and independent of the interested parties. 
(B) DEADLINE FOR PROCEEDING.—An arbitration proceed-
ing shall be held not later than 45 days after the request for 
such arbitration. 
(C) DEADLINE FOR DECISION.—A decision concerning such 
grievance shall be made not later than 30 days after the 
date of such arbitration proceeding. 
(D) COST,—The cost of such arbitration proceeding shall 
be divided evenly between the parties to the arbitration. 
(5) PROPOSED PLACEMENT.—If a grievance is filed regarding a 
proposed placement of a participant in a program that receives 
assistance under this title, such placement shall not be made 
unless it is consistent with the resolution of the grievance 
pursuEmt 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; and 
(C) prohibition of such placement described in paragraph 
(5). 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3163 
SEC. 177. NONDUPLICATION AND NONDISPLACEMENT. 
42 USC 12637. 
(a) NONDUPUCATION.— 
(1) IN GENERAL.—Assistance provided under this title shall be 
used only for a program that does not duplicate, and is in 
addition to, an activity otherwise available in the locality of 
such program. 
(2) PRIVATE NONPROFIT ENTITY.—Assistance made available 
under this title shall not be provided to a private nonprofit 
entity to conduct activities that are the same or substantially 
equivalent to activities provided by a State or local government 
agency that such entity resides in, unless the requirements of 
subsection 0)) are met. 
(Jo) NONDISPLACEMENT.— 
(1) IN GENERAL.—An employer shall not displace an employee 
or position, including partial displacement such as reduction in 
hours, wages, or emplojnnent benefits, as a result of the use by 
such employer of a participant in a program receiving assist-
ance under this title. 
(2) SERVICE OPPORTUNITIES.—A service opportunity shsdl not 
be created under this title that will infringe in any manner on 
the promotional opportunity of an employed individual. 
(8) LIMITATION ON SERVICES.— 
(A) DupucATiON OF SERVICES.—A participant in a pro-
gram receiving assistance under this title shall not perform 
any services or duties or engage in activities that would 
otherwise be performed by an employee as part of the 
assigned duties of such employee. 
(B) SuppLANTATiON OF HIRING.—A participant in any pro-
gram receiving assistance under this title shall not perform 
any services or duties or engage in activities that will 
supplant the hiring of employed workers. 
(C) 
DUTIES 
FORMERLY 
PERFORMED 
BY ANOTHER 
EM-
PLOYEE.—A participant in any program receiving assistance 
under this title shall not perform services or duties that 
have been performed by or were assigned to any— 
(i) presently employed worker; 
(ii) employee who recently resigned or was dis-
charged; 
(iii) employee who is subject to a reduction in force; 
(iv) employee who is on leave (terminal, temporary, 
vacation, emergency, or sick); or 
(v) employee who is on strike or who is being locked 
out. 
(c) LABOR MARKET IITFORMATION.—The Secretary of Labor shall 
make available to the C!ommission and to any program agency 
under this title such labor market information as is appropriate for 
use in canying out the purposes of this title. 
(d) TREATMENT OF BENEFITS.—Section 142(b) of the Job Training 
Partnership Act shall apply to the projects conducted under this 
title as such projects were conducted under the Job Training Part-
nership Act. 
(e) STANDARDS OF C!ONDUCT.—Programs that receive assistance 
under this title shall establish and stringently enforce standards of 
conduct at the program site to promote proper moral and discipli-
nary conditions. 
104 STAT. 3164 
PUBLIC LAW 101-610—NOV. 16, 1990 
42 use 12638. 
SEC. 178. STATE ADVISORY BOARD. 
(a) FORMATION OF BOARD.—Each State that applies for assistance 
under this title is encouraged to establish a State Advisory Board for 
National and Community Service. 
(b) MEMBERS.— 
(1) IN GENERAL.—The chief executive officer of a State re-
ferred to in subsection (a) shall appoint members to such Ad-
visory Board from among— 
(A) representatives of State agencies administering 
community service, youth service, education, social service, 
senior service, and job training programs; and 
(B) representatives of labor, business, agencies working 
with 
youth, community-based 
organizations 
such 
as 
community action agencies, students, teachers, Older 
American Volunteer Programs as established under title II 
of the Domestic Volunteer Act of 1973 (42 U.S.C. 5001 et 
seq.), full-time youth service corps programs, school-based 
community service programs, higher education institutions, 
local educational agencies, volunteer public safety organiza-
tions, 
educational 
partnership 
programs, 
and 
other 
organizations working with volunteers. 
(2) BALANCE OF MEMBERSHIP.—To the extent practicable, the 
chief executive officer of a State referred to in subsection (a) 
shsdl ensure that the membership of the Advisory Board is 
balanced according to race, ethnicity, age, and gender. 
(c) DUTIES OF BOARD.—A State Advisory Board for National and 
Community Service established under subsection (a) shall assist the 
State agency administering a program receiving assistance under 
this title in— 
(1) coordinating programs that receive assistance under this 
title and related programs within the State; 
(2) disseminating information concerning service programs 
that receive assistance under this title; 
(3) recruiting participants for programs that receive assist-
ance under this title; and 
(4) developing programs, training methods, curriculum mate-
rials, and other materials and activities related to programs 
that receive assistance under this title. 
42 use 12639. 
SEC. 179. EVALUATION. 
Government 
(a) IN GENERAL.—The Commission shall provide, through grants 
contracts. 
or contracts, for the continuing evaluation of programs that receive 
assistance under this title, including evaluations that measure the 
impact of such programs, to determine— 
(1) the effectiveness of various program models in achieving 
stated goals and the costs associated with such; 
(2) for purposes of the reports required by subsection (h), the 
impact of such programs, in each State in which a program is 
conducted, on the ability of— 
(A) the VISTA and older American volunteer programs 
(established under the Domestic Volunteer Services Act of 
1973 (42 U.S.C. 4950 et seq.)); 
(B) each regular component of the Armed Forces (as 
defined in section 101(4) of title 10, United States Code); 
(C) each of the reserve components of the Armed Forces 
(as described in section 216(a) of title 5, United States Code); 
and 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3165 
(D) the Peace Corps (as established by the Peace Corps 
Act (22 U.S.C. 2501 et seq.)); 
to recruit individuals residing in such State to serve in such 
program; and 
(3) the structure and mechanisms for delivery of services for 
such programs. 
(b) COMPARISONS.—The Commission shall provide for inclusion in 
the evaluations required under subsection (a), where appropriate, 
comparisons of participants in such programs with individuals who 
have not participated in such programs. 
(c) CONDUCTING EVALUATIONS.—Evaluations of programs under 
subsection (a) shall be conducted by individuals who are not directly 
involved in the administration of such program. 
(d) STANDARDS.—The Secretary shall develop and publish general 
standards for the evaluation of program effectiveness in achieving 
the objectives of this title. 
(e) COMMUNITY PARTICIPATION.—In evaluating a program receiv-
ing assistance under this title, the Commission shall consider the 
opinions of participants and members of the communities where 
services are delivered concerning the strengths and weaknesses of 
such program. 
(f) COMPARISON OF PROGRAM MODELS.—The Commission shall 
evaluate and compare the effectiveness of different program models 
in meeting the program objectives described in subsection (g) includ-
ing full- and part-time programs, programs involving different types 
of national service, programs using different recruitment methods, 
programs offering alternative voucher options, and programs utiliz-
ing individual placements and teams. 
(g) PROGRAM OBJECTIVES.—The Commission shall ensure that pro-
grams that receive assistance under subtitle D are evaluated to 
determine their effectiveness in— 
(1) recruiting and enrolling diverse participants in such pro-
grams, consistent with the requirements of section 145, based on 
economic bacl^ground, race, ethnicity, age, marital status, edu-
cation levels, and disability; 
(2) promoting the educational achievement of each partici-
pant in such programs, based on earning a high school diploma 
or the equivalent of such diploma and the future enrollment 
and completion of increasingly higher levels of education; 
(3) encouraging each participant to engage in public and 
community service after completion of the program based on 
career choices and service in other service programs such as the 
Volunteers in Service to America Program and older American 
volunteer programs established under the Domestic Volunteer 
Service Act of 1973 (42 U.S.C. 4950 et seq.), the Peace Corps (as 
established by the Peace Corps Act (22 U.S.C. 2501 et seq.)), the 
military, and part-time volunteer service; 
(4) promoting of positive attitudes among each participant 
regarding the role of such participant in solving community 
problems based on the view of such participant regarding the 
personal capacity of such participant to improve the lives of 
others, the responsibilities of such participant as a citizen and 
community member, and other factors; 
(5) enabling each participant to finance a lesser portion of the 
higher education of such participant through student loans; 
(6) providing services and projects that benefit the commu-
nity; 
104 STAT. 3166 
PUBLIC LAW 101-610—NOV. 16, 1990 
42 use 12640. 
42 use 12641. 
(7) supplying additional volunteer assistance to community 
agencies without overloading such agencies with more volun-
teers than can effectively be utilized; 
(8) providing services and activities that could not otherwise 
be performed by employed workers and that will not supplant 
the hiring of, or result in the displacement of, employed workers 
or impair the existing contracts of such workers; and 
(9) attracting a greater number of citizens to public service, 
including service in the active and reserve components of the 
Armed Forces, the National Guard, the Peace Corps (as estab-
lished by the Peace Corps Act (22 U.S.C. 2501 et seq.)), and the 
VISTA and older American volunteer programs established 
under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 
4950 et seq.). 
(h) OBTAINING INFORMATION.— 
(1) IN GENERAL.—In conducting the eveiluations required 
under subsection (g), the Commission may require each program 
participant and State or local applicant to provide such 
information as may be necessary to carry out the requirements 
of this section. 
(2) CONFIDENTIALITY.—The Commission shall keep informa-
tion acquired under this section confidential. 
(i) DEADUNE.—The Commission shall complete the evaluations 
required under subsection (g) not later than 30 months after the 
date of enactment of this Act. 
(j) REPORT.—Not later than 24 months after the date on which the 
first program is initiated under this title, the Commission shall 
prepare and submit, to the appropriate Committees of Congress, a 
report containing the results of the evaluations conducted under 
subsection (aX2) with respect to the first 18 months after such 
initiation date. 
SEC. 180. ENGAGEMENT OF PARTICIPANTS. 
A State shall not engage a participant to serve in any program 
that receives assistance under this title unless and until amounts 
have been appropriated under section 501 for the provision of post-
service benefits and for the payment of other necessary expenses 
and costs associated with such participsint. 
SEC. 181. NATIONAL SERVICE DEMONSTRATION PROGRAM AMENDMENTS. 
(a) TREATMENT OF EDUCATION AND HOUSING BENEFITS.—For pur-
poses of determining eligibility for programs under title IV of the 
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) (hereafter in 
this section referred to as the "Act"), post-service benefits received 
under this Act shall be considered as estimated financial Eissistance 
as defined in section 428(aX2XCXi) of title IV of the Act (20 U.S.C. 
1078(aX2XCXi)), except that in no case shall such a post-service 
benefit be considered as— 
(1) annual adjusted family income as defined in section 
411F(1) of subpart 1 of part A of title IV of such Act (20 U.S.C. 
1070a-6); or 
(2) total income as defined in section 480(a) of part F of title 
IV of such Act (20 U.S.C. 1087vv(a)). 
(b) TREATMENT OF STIPEND FOR LIVING EXPENSES.—In no case shall 
living allowances received under this Act be considered in the 
determination of expected family contribution or independent stu-
dent status under— 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3167 
(1) subpart 1 of part A of title IV of such Act (20 U.S.C. 1070a 
et seq.); or 
(2) part F of title IV of such Act (20 U.S.C. 1087kk et seq.). 
(c) CONTINGENT EXTENSION.—Section 414 of the General Eklu-
cation Provisions Act (20 U.S.C. 1226a) shall apply to this Act. 
SEC. 182. PARTNERSHIPS WITH SCHOOLS. 
42 USC 12642. 
(a) DESIGN OF PROGRAMS.—The head of each Federal c^ency and 
department shall design and implement a comprehensive strategy to 
involve employees of such agencies and departments in partnership 
programs with elementary schools and secondary schools. Such 
strategy shall include— 
(1) a review of existing programs to identify and expand the 
opportimities for such employees to be adult volunteers in 
schools and for students and out-of-school youth; 
(2) the designation of a senior official in each such agency and 
department who will be responsible for establishing adult volun-
teer and partnership and youth service programs in each such 
agency and department and for developing adult volunteer and 
partnership and youth service programs; 
(3) the encouragement of employees of such agencies and 
departments to participate in adult volunteer and partnership 
programs and other service projects; 
(4) the annual recognition of outstanding service programs 
operated by Federal agencies; and 
(5) the encouragement of businesses and professional firms to 
include community service among the factors considered in 
making hiring, compensation, and promotion decisions. 
(b) REPORT.—Not later than 180 days after the date of enactment 
of this Act, and on a regular haais thereafter, the head of each 
Federal agency and department shall prepare and submit, to the 
appropriate Committees of Congress, a report concerning the 
implementation of this section. 
SEC. 183. SERVICE AS TUTORS. 
42 USC 12643. 
Notwithstanding any other provision of this Act, a service oppor-
tunity through which a part-time participant serves as a classroom 
tutor under the supervision of a certified professional shall be 
considered an acceptable placement if the requirements of section 
177(b) (1) and (2) and section 174 are met. 
SEC. 184. DRUG-FREE WORKPLACE REQUIREMENTS. 
42 USC 12644. 
All programs receiving grants under this title shall be subject to 
the Drug-Free Workplace Requirements for Federal Grant Recipi-
ents under sections 5153 through 5158 of the Anti-Drug Abuse Act of 
1988 (41 U.S.C. 702-707). 
SEC. 185. CONFORMING AMENDMENTS. 
The Higher Education Act of 1965 is amended— 
(1) in section 411F(9) (20 U.S.C 1070a-6(9)), by adding at the 
end thereof the following new subparagraph: 
"(F) Annual adjusted family income does not include any 
living allowance received by a participant in programs estab-
lished under the National and Community Service Act of 
1990 "• 
(2)'in section 411F(12)(BXvi) (20 U.S.C. 1070a-6(12XBXvi)), by 
striking "(including all sources of resources other than par-
104 STAT. 3168 
PUBLIC LAW 101-610—NOV. 16, 1990 
ents)" and inserting "(including all sources of resources other 
than parents and living allowances received as a result of 
participation in a program established under the Nationeil and 
Community Service Act of 1990.)"; 
(3) in section 480(f) (20 U.S.C. 1087vv(f)), by— 
(A) striking "and" at the end of paragraph (1); 
(B) by striking the period at the end of paragraph (2) and 
inserting a semicolon and "and"; and 
(C) adding at the end thereof the following new para-
graph: 
"(3) any living allowance received by a participant in a pro-
gram established under the National and Community Service 
Act of 1990."; and 
(4) in section 480(dX2XF) (20 U.S.C. 1087vv(dX2XF)), by insert-
ing after "other than parents" "and living allowances as a 
result of participation in a program established under the Na-
tional and Community Service Act of 1990)". 
Subtitle G—Commission on National and 
Community Service 
42 use 12651. 
SEC. 190. COMMISSION ON NATIONAL AND COMMUNITY SERVICE. 
(a) EsTABUSHMENT.—There is established a Commission on Na-
tional and Community Service that shall administer the programs 
established under this title. 
O
t
)
) BOARD OF DIRECTORS.— 
(1) COMPOSITION.— 
(A) IN GENERAL.—The Commission shall be administered 
by a Board of Directors (hereinafter referred to in this 
section as the "Board") that shall be composed of 21 mem-
bers, to be appointed by the President with the advice and 
consent of the Senate, who shall be individuals who have 
extensive experience in volunteer and service opportunity 
programs and who represent a broad range of viewpoints. 
The membership of the Board shall be balanced according 
to the race, ethnicity age and gender of its members. 
(B) Ex-OFFicio MEMBERS.—The Secretary of Education, 
Secretary of Health and Human Services, Secretary of 
Labor, Secretary of Interior, Secretary of Agriculture, and 
the Director of the ACTION agency shall serve as ex-ofRcio 
members of the Board. 
(2) POLITICAL PARTIES.—Not more than 11 members of the 
Board shall belong to the same political party. 
(3) NOMINATIONS.—Seven members of the Board shall be ap-
pointed from among individuals nominated by the Speaker of 
the House of Representatives, and seven of such members shall 
be appointed from among individuals nominated by the major-
ity leader of the Senate. 
(4) TERMS.—Each member of the Board shall serve for a term 
of 2 years, except that, subject to the provisions of paragraph (4), 
11 of the initial members of the Board shall serve for a term of 1 
year, as designated by the President. 
President. 
(5) VACANCIES.—As vacancies occur on the Board, new mem-
bers shall be appointed by the President, with the advice and 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3169 
consent of the Senate, and serve for the remainder of the term 
for which the predecessor of such member was appointed. 
(6) CHAIRPERSON.—The Board shall elect a chairperson and 
vice-chairperson from among its membership. 
(7) MEETINGS.—The Board shall meet not less than three 
times each year. The Board shall hold additional meetings if 
seven members of the Board request such meetings in writing. 
A majority of the Board shall constitute a quorum. 
(8) EXPENSES.—While away from their homes or regular 
places of business on the business of the Board, members of such 
Board may be allowed travel expenses, including per diem in 
lieu of subsistence, as is authorized under section 5703 of title 5, 
United States Code, for persons employed intermittently in the 
Grovemment service. 
(c) DUTIES.—The Board shall— 
(1) advise the President and the Congress concerning develop-
ments in nation£il and community service that merit the atten-
tion of the President and the Congress; 
(2) design, administer and disseminate information regarding 
the programs and initiatives established under this title; 
(3) consult with appropriate Federal agencies in administer-
ing programs that receive assistance under this title; 
(4) have the authority to delegate authority to administer the 
programs established under this title to any other agency or 
entity of the Federal Cxovemment, on the agreement of such 
agency or entity, as the Board determines appropriate; 
(5) provide, directly or through contract with public or private 
nonprofit organizations that have extensive experience in serv-
ice programs, training and technical assistance to States, school 
and community-based service programs, full-time youth service 
corps, and national service demonstration programs; 
(6) arrange for the evaluation of programs established under 
this title, in accordance with section 179; 
(7) coordinate with the Secretary of Defense in evaluating the 
effect of the national service demonstration program on the 
recruitment efforts of the active and reserve components of the 
Armed Forces; and 
(8) carry out any other activities determined appropriate by 
the Secretary. 
(d) EXECUTIVE DIRECTOR OF THE BOARD.— 
(1) IN GENERAL.—The Board shall appoint an individual to 
serve as Executive Director of the Board (hereinafter referred to 
in this section as the "Director"). 
(2) DUTIES.—The Director shall advise the Board concerning 
developments in volunteer or national service that the Director 
determines merits the attention of the Board, identify promis-
ing service initiatives, and coordinate the work of the Board 
with the work of other Federal agencies involved in service 
activities and in the design of a competitive grant to provide 
assistance as authorized under this title. 
(e) TECHNICAL EMPLOYEES.—The Director may, at the discretion of 
the Board, appoint not more than 10 technical employees to admin-
ister the Committee. Such employees shall be appointed for terms 
that shall not exceed 2 years, without regard to the provisions of 
title 5, United States Code, governing appointments in the competi-
tive service, and without regard to the provisions of chapter 51 and 
Government 
contracts. 
Manpower 
training 
programs. 
Technical 
assistance. 
Schools. 
Nonprofit 
organizations. 
Armed Forces. 
104 STAT. 3170 
PUBLIC LAW 101-610—NOV. 16, 1990 
subchapter III of chapter 53 of such title relating to classification 
and General Schedule pay rates. 
(f) CLEARINGHOUSES.— 
(1) IN GENERAL.—The Commission shall provide assistance to 
not more than four regional service clearinghouses. 
(2) PuBUC AND PRIVATE NONPROFIT AGENCIES.—Public and 
private nonprofit agencies that have extensive experience in 
community service, adult volunteer and partnership programs, 
youth service, intergenerational service programs, and pro-
grams working with at-risk youth shall be eligible to receive 
assistance under paragraph (1). 
(3) FUNCTION OF CLEARINGHOUSES.—National and 
regional 
clearinghouses that receive assistance under paragraph (1) 
shall— 
(A) assist State and local community service programs 
with needs assessments and planning; 
Research. 
(B) conduct research and evaluations concerning commu-
nity service; 
(C) provide leadership development and training to State 
and local community service program administrators, 
supervisors, and participants; 
(D) administer award and recognition programs for 
outstanding community service programs and participants; 
(E) facilitate communication among community service 
programs and participants; 
(F) provide information, curriculum materials, technical 
assistance on program planning and operation, and train-
ing to States and local entities eligible to receive funds 
under this title; 
(G) gather and disseminate information on successful 
programs, components of successful progrsuns, innovative 
youth skills curriculum, and projects being implemented 
nationwide; and 
(H) make recommendations to State and local entities on 
quality controls to improve program delivery and on 
changes in the programs under this title. 
(g) PRESIDENTIAL AWARDS FOR SERVICES.— 
(1) PRESIDENTIAL AWARDS.— 
(A) IN GENERAL.—The President, acting through the 
Commission, is authorized to make Presidential Awards for 
service to— 
(i) individuals demonstrating outstamding community 
service including school-based service; 
(ii) outstanding service learning and community serv-
ice programs; and 
(iii) outstanding teachers in service-learning pro-
grams. 
(B) NUMBER OF AWARDS.—The President is authorized to 
make one or more individual, one or more teaching, and 
one or more program awards in each Congressional district, 
and one or more Statewide individual program and teach-
ing awards in each State. 
(C) CONSULTATION.—The President shall consult with the 
Governor of each State, and with the Board, in the selection 
of individuals and programs for Presidential Awards. 
PUBLIC LAW 101-610—NOV. 16,1990 
104 STAT. 3171 
(D) PARTICIPANTS IN PROGRAMS.—An individual receiving 
an award under this subsection need not be a participant in 
a program assisted under this title. 
(2) ^FORMATION.—The President shall ensure that informa-
tion concerning individuals and programs receiving awards 
under this subsection is widely disseminated, 
(h) REPORT.—Not later than January 1, 1993, the President shall President. 
prepare and submit to the Committee on Labor and Human Re-
sources of the Senate and the Committee on Education and Labor of 
the House of Representatives, a report containing recommendations 
for the improvement of the administration and coordination of 
volunteer, national, and community service programs administered 
by the ACTION Agency, the Commission on National Service, and 
other Federal entities. Such report shall include— 
(1) an assessment of whether Federal volunteer, national and 
community service programs could be more cost effectively and 
efficiently administered by a single Federal entity or fewer 
entities, including an estimate of any cost savings that could be 
achieved by consolidating or centralizing the management of 
such programs; and 
(2) a description of the roles and responsibilities of the 
ACTION Agency, the Commission on National Service and 
other Federal entities in developing and coordinating National 
policy on voluntarism and national and community service and 
any recommendations for clarifying or altering the missions 
and responsibilities of such entities which may be appropriate. 
TITLE II—MODIFICATIONS OF EXISTING 
PROGRAMS 
Subtitle B—Publication 
SEC. 201. INFORMATION FOR STUDENTS. 
Section 485(aXl) of the Higher Education Act of 1965 (20 U.S.C. 
1092(aXl)) is amended— 
(1) by striking out "and" at the end of subparagraph (J); 
(2) by striking out the period at the end of subparagraph (K) 
and inserting in lieu thereof a semicolon and the word and"; 
and 
(3) by adding at the end thereof the following new subpara-
graph: 
"(L) the terms and conditions under which students receiving 
guaranteed student loans under part B of this title or direct 
student loans under part E of this title, or both, may— 
"(i) obtain deferral of the repayment of the principal and 
interest for service under the Peace Corps Act (as estab-
lished by the Peace Corps Act (22 U.S.C. 2501 et seq.)) or 
under the Domestic Volunteer Service Act of 1973 (42 
U.S.C. 4951 et seq.), or for comparable full-time service as a 
volunteer for a tax-exempt organization of demonstrated 
effectiveness in the field of community service, and 
"(ii) obtain partial cancellation of the student loan for 
service under the Peace Corps Act (as established by the 
Peace Corps Act (22 U.S.C. 2501 et seq.)) under the Domestic 
Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.) or, for 
104 STAT. 3172 
PUBLIC LAW 101-610—NOV. 16, 1990 
comparable full-time service as a volunteer for a tax-
exempt organization of demonstrated effectiveness in the 
field of community service.". 
SEC. 202. EXIT COUNSELING FOR BORROWERS. 
Section 485(b) of the Higher Education Act of 1965 (20 U.S.C. 
1092(b)) is amended— 
(1) by striking "and" at the end of paragraph (1); 
(2) by striking the period at the end of paragraph (2) and 
inserting in lieu thereof a semicolon and "and"; and 
(3) by inserting after paragraph (2) the following new para-
graph: 
"(3) the terms and conditions under which the student may 
obtain partial cancellation or defer repayment of the principal 
and interest for service under the Peace (Dorps Act (as estab-
lished by the Peace Corps Act (22 U.S.C. 2501 et seq.)) or under 
the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et 
seq.) or for comparable full-time service as a volunteer for a tax-
exempt organization of demonstrated effectiveness.". 
SEC. 203. DEPARTMENT INFORMATION ON DEFERMENTS AND CANCELLA-
TIONS. 
Section 485(d) of the Higher Education Act of 1965 (20 U.S.C. 
1092(d)) is amended by inserting before the last sentence the follow-
ing new sentence: "The Secretary shall provide 
information 
concerning the specific terms and conditions under which students 
may obtain partial or total cancellation or defer repa3mient of loans 
for service, shall indicate (in terms of the Federal minimum wage) 
the maximum level of compensation and allowances that a student 
borrower may receive from a tax-exempt organization to qualify for 
a deferment, and shall explicitly state that students may qualify for 
such partial cancellations or deferments when they serve £is a paid 
employee of a tax-exempt organization". 
SEC. 204. DATA ON DEFERMENTS AND CANCELLATIONS. 
Section 485B(a) of the Higher Education Act of 1965 (20 U.S.C. 
1092b(a)) is amended— 
(1) by striking "and" at the end of paragraph (3); 
(2) by striking the period at the end of paragraph (4) and 
inserting in lieu thereof a semicolon and "and"; and 
(3) by adding the following new paragraph after paragraph 
(4): 
"(5) the exact amount of loans partially or totally CEmceled or 
in deferment for service under the Peace Corps Act (22 U.S.C. 
2501 et seq.)), for service under the Domestic Volunteer Service 
Act of 1973 (42 US.C. 4951 et seq.), and for comparable full-time 
service as a volunteer for a tax-exempt organization of dem-
onstrated effectiveness.". 
Subtitle B—Youthbuild Projects 
SEC. 211. YOUTHBUILD PROJECTS. 
The Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et 
seq.) is amended by adding at the end thereof the following new 
title: 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3173 
"TITLE VII—YOUTHBUILD PROJECTS 
"SEC. 701. STATEMENT OF PURPOSE. 
"It is the purpose of this title— 
"(1) to provide economically disadvantaged young adults with 
opportunities for meaningful service to their communities in 
helping to meet the housing needs of homeless individuals and 
low-income families; and 
"(2) to enable economically disadvantaged young adults to 
obtedn the education and emplojnnent skills necessary to 
achieve economic self-sufficiency. 
"SEC. 702. AUTHORIZATION OF PROGRAM. 
"(a) 
FINANCIAL 
ASSISTANCE.—The Director of the ACTION 
Agency, in consultation with the Secretary of Labor, may provide 
grants to pay the Federal share of the cost of carrjdng out 
Youthbuild projects in accordance with this title. 
"(b) FEDERAL SHARE.—The Federal share under subsection (a) for 
each fiscal year shall not exceed 90 percent. 
"SEC. 703. SERVICE IN CONSTRUCTION AND REHABILITATION PROJECTS. 
"(a) 
CONSTRUCTION 
AND REHABILITATION 
PROJECTS.—Eligible 
participants serving in Youthbuild projects receiving assistance 
under this title shall be employed in the construction, rehabilita-
tion, or improvement of real property to be used for purposes of 
providing— 
"(1) residential rental housing that is occupied primarily by, 
or available for occupancy primarily by, homeless individuals 
and low-income families; 
"(2) transitional housing for homeless individuals; 
"(3) facilities for the provision of health, education, and other 
social services to low-income families, including— 
"(A) senior citizen centers; 
"(B) youth recreation centers; 
"(C) Head Start or child or adult day care centers; and 
"(D) community health centers. 
"(b) REQUIREMENTS FOR COMMUNITY FACILITIES.—No assistance 
may be provided under this title to support the construction, 
rehabilitation, or improvement of real property to be used to provide 
facilities described in subsection (a) unless the property— 
"(1) is used principally by or for the benefit of low-income 
families; 
"(2) is owned and occupied solely by public or private non-
profit entities; and 
"(3) is located in census tracts, or identifiable neighborhoods 
within census tracts, in which the median family income is not 
more than 80 percent of the median family income of the area 
in which the facility is located, as such median family income 
and area are determined for the purposes of assistance under 
section 8 of the United States Housing Act of 1937 (42 U.S.C. 
1437f). 
"(c) RESTRICTION OF USE.—Participants under this title may not be 
employed in the construction, operation, or maintenance of any 
facility used for sectarian instruction or religious worship. 
Disadvantaged 
persons. 
Homeless. 
42 use 5091. 
42 use 5091a. 
Real property. 
42 use 5091b. 
104 STAT. 3174 
PUBLIC LAW 101-610—NOV. 16, 1990 
42 use 5091c. 
"SEC. 704. EDUCATION AND JOB TRAINING SERVICES. 
"(a) IN GENERAL.—Assistance provided under this title shall be 
used by each Youthbuild project to provide to participants the 
following: 
"(1) SERVICE OPPORTUNITIES.—Service opportunities in the 
construction or rehabilitation projects described in section 703, 
which shall be integrated with appropriate skills training and 
coordinated with, to the extent feasible, preapprenticeship and 
apprenticeship programs. 
(2) EDUCATIONAL SERVICES.—Services and activities designed 
to meet the educational needs of participants, including— 
"(A) basic skills instruction and remedial education; 
"(B) bilingual education for individuals with limited Eng-
lish proficiency; and 
"(C) secondary education services and activities designed 
to lead to the attainment of a high school diploma or its 
equivalent. 
"(3) PERSONAL AND PEER SUPPORTS.—Counseling services and 
other activities designed to— 
"(A) ensure that participants overcome personal prob-
lems that would interfere with their successful participa-
tion; and 
"(B) develop a strong, mutually supportive peer context 
in which values, goals, cultural herits^e, and life skills can 
be explored and strengthened. 
"(4) LEADERSHIP DEVELOPMENT.—Opportunities to develop the 
decisionmaking, speaking, negotiating, and other leadership 
skills of participants, such as the establishment gind operation 
of a youth council with meaningful decisionmaking authority 
over aspects of the project. 
"(5) 
PREPARATION FOR AND PLACEMENT IN UNSUBSIDIZED 
EMPLOYMENT.—Activities designed to maximize the value of 
participants as future employees and to prepare participants for 
seeking, obtaining, and retaining unsubsidized emplojonent. 
"(6) NECESSARY SUPPORT SERVICES.—To provide support serv-
ices and need-based stipends necessary to enable individuals to 
participate in the program and, for a period not to exceed 6 
months after completion of training, to assist participants 
through support services in retaining emplo3anent. 
"(b) CONDITIONS.—The provision of service opportunities to parti-
cipants in Youthbuild projects shall be made conditional upon 
attendance and participation by such individuals in the educational 
services and activities described in subsection (a). The duration of 
participation for each individual in educational services and activi-
ties shall be at least equal to the totad number of hours for which a 
participant serves and is paid wages by a Youthbuild project. 
42 use 5091d. 
"SEC. 705. USES OF FUNDS. 
"(a) FUNDS.—Funds provided under this title may be used only for 
activities that are in addition to activities that would otherwise be 
available in the absence of such funds. 
"(b) 
ASSISTANCE 
CRITERIA.—Assistance 
provided 
to 
each 
Youthbuild project under this title shall be used only for— 
"(1) education and job training services and activities 
described in paragraphs (2), (3), (4), (5), and (6) of section 704(a); 
"(2) wages and benefits paid to participants in accordance 
with sections 704(a) and 706; and 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3175 
"(3) administrative expenses incurred by the project in an 
amount not to exceed 10 percent of the amount of assistance 
provided to the project under this title unless such project 
receives a waiver, on the basis of substantial need, granted by 
the Director to use an amount not to exceed 15 percent of the 
amount of such Eissistance provided under this title for such 
purposes. 
"SEC. 706. ELIGIBLE PARTICIPANTS. 
"(a) IN GENERAL.—Except as provided in subsection (b), an individ-
ual shall be eligible to participate in a Youthbuild project receiving 
assistance under this title if such individual is— 
"(1) 16 to 24 years of age, inclusive; 
"(2) economically disadvantaged; and 
"(3) an individual who has dropped out of high school whose 
reading and mathematics skills are at or below the 8th grade 
level. 
"db) EXCEPTIONS.—Not more than 25 percent of the participants in 
a Youthbuild project receiving assistance under this title may be 
individuals who do not meet the requirements of subsection (a). 
"(c) PARTICIPATION LIMITATION.—Any eligible individual selected 
for full-time participation in a Youthbuild project may participate 
full-time for a period of not less than 6 months and not more than 18 
months. 
«SEC. 707. LIVING ALLOWANCES. 
"(a) AMOUNT OF ALLOWANCE.— 
"(1) IN GENERAL.—Each participant in a full-time Youthbuild 
program that receives assistance under this title shall receive a 
living allowance of not more than an amount equal to 100 
percent of the poverty line for a family of two (as defined in 
section 673(2) of the Community Service Block Grant Act (42 
U.S.C. 9902(2)). 
"(2) NON-FEDERAL SOURCES.—Notwithstanding paragraph (1), 
a program agency may provide participants with additional 
amounts that are made available from non-Federal sources. 
"(3) REDUCTION IN EXISTING PROGRAM BENEFITS.—Nothing in 
this section shall be construed to require a program in existence 
on the date of enactment of this title to decrease any stipends, 
salaries, or living allowances provided to participants under 
such program so long as the amount of any such stipend, 
salaries, or living allowances that is in excess of the levels 
provided for in this section are paid from non-Federal sources. 
"(b) NONDISCRIMINATION.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), an 
individual with responsibility for the operation of a Youthbuild 
project shall not discriminate on the basis of religion against a 
participant or a member of the project staff who is paid with 
funds under this title. 
"(2) EXCEPTION.—Paragraph (1) shall not apply to the employ-
ment, with funds provided under this title, of any member of 
the staff of a Youthbuild project who was employed with the 
organization operating the project on the date the grant funded 
under this title was awarded. 
42 use 5091e. 
42 use 5091f. 
104 STAT. 3176 
PUBLIC LAW 101-610—NOV. 16, 1990 
Colleges and 
universities. 
42 use 5091g. 
42 use 5091h. 
42 use 5091i. 
"SEC. 708. CONTRACTS. 
"Each Youthbuild project shall carry out the services and activi-
ties under this title directly or through arrangements or under 
contracts with administrative entities designated under section 
103(bXlXB) of the Job Training Partnership Act (29 U.S.C. 
1501(bXlXB)), with State and local educational agencies, institutions 
of higher education, State and local housing development agencies, 
and with other public agencies and private organizations. 
"SEC. 709. PERFORMANCE STANDARDS. 
"(a) IN GENERAL.—The Director, in consultation with the Sec-
retary of Labor, shall prescribe standards for evaluating the 
performance of Youthbuild projects receiving assistance under this 
title, including the following factors: 
"(1) Placement in unsubsidized emplojonent. 
"(2) Retention in unsubsidized emplojnnent. 
"(3) An increase in earnings. 
"(4) Improvement of reading and other basic skills. 
"(5) Attainment of a high school diploma or its equivalent. 
"(6) Completion of projects providing a benefit to the commu-
nity. 
"(b) VARIATIONS.—The Director shall prescribe variations to the 
standards determined under subsection (a) by taking into account 
the economic conditions of the areas in which Youthbuild projects 
are located and appropriate special characteristics, such as the 
extent of English language proficiency and offender status of 
Youthbuild participants. 
"SEC. 710. APPLICATIONS. 
"(a) SUBMISSION.—To apply for a grant under this title, an eligible 
entity shall submit an application to the Director in accordance with 
procedures established by the Director. 
"(b) CRITERIA.—Each such application shall— 
"(1) describe the educational services, job training, supportive 
services, service opportunities, and other services and activities 
that will be provided to participants; 
"(2) describe the proposed construction of rehabilitation 
activities to be undertaken and the anticipated schedule for 
carrying out such activities; 
"(3) describe the manner in which eligible youths will be 
recruited and selected, including a description of arrangements 
which will be made with community-based organizations. State 
and local educational agencies, public assistance agencies, the 
courts of jurisdiction for status and youth offenders, homeless 
shelters and other agencies that serve homeless youth, foster 
care agencies, and other appropriate public and private agen-
cies; 
"(4) describe the special outreach efforts that will be under-
taken to recruit eligible young women (including young women 
with dependent children); 
"(5) describe how the proposed project will be coordinated 
with other Federal, State, and local activities, including voca-
tional, adult and bUingual education programs, job training 
supported by funds available under the Job Training Partner-
ship Act (29 U.S.C. 1501 et seq.) and the Family Support Act of 
1988, housing and economic development, and programs that 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3177 
receive assistance under section 106 of the Housing and 
Community Development Act of 1974 (42 U.S.C. 5306); 
"(6) provide assurances that there will be a sufficient number 
of supervisory personnel on the project and that the supervisory 
personnel are trained in the skills needed to C€UTy out the 
project; 
"(7) describe activities that will be undertaken to develop the 
leadership skills of participants; 
"(8) set forth a detailed bucket and describe the system of 
fiscal controls and auditing and accountability procedures that 
will be used to ensure fiscal soundness; and 
"(9) set forth assurances, arrangements, and conditions the 
Director determines are necessary to carry out this title. 
"SEC. 711. SELECTION OF PROJECTS. 
42 USC 5091J. 
"In approving applications for assistance under this title, the 
Director shall give priority to applicants that demonstrate the 
following: 
"(1) POTENTIAL FOR SUCCESS.—The greatest likelihood of suc-
cess, as indicated by such factors as the past experience of an 
applicant with housing rehabilitation or construction, youth 
and youth education and emplojmaent training programs, 
management capacity, fiscal reliability, and community sup-
port. 
"(2) NEED.—Have the greatest need for assistance, as deter-
mined by factors such as— 
"(A) the degree of economic distress of the community 
from which participants would be recruited, including— 
"(i) the extent of poverty; 
"(ii) the extent of youth unemployment; and 
"(iii) the number of individuals who have dropped out 
of high school; and 
"(B) the degree of economic distress of the locality in 
which the housing would be rehabiliteted or constructed, 
including— 
"(i) 
objective 
measures 
of 
the 
incidence 
of 
homelessness; 
"(ii) the relation between the supply of affordable 
housing for low-income families and the number of 
such families in the locality; 
"(iii) the extent of housing overcrowding; and 
"(iv) the extent of poverty. 
"SEC. 712. MANAGEMENT AND TECHNICAL ASSISTANCE. 
42 USC 5091k. 
"(a) GENERAL ADMINISTRATION.—The program esteblished under 
this title shall be administered by an individual with significant 
experience in the administration of youth service programs that 
explicitly attempt to enhance the basic academic and vocational 
skills of participants in such programs. The Director is authorized to 
delegate any of the functions of the Director under this title as may 
be appropriate to the Secretory of Labor and provide for the 
performemce of any of the provisions of this title on a cost-reimburs-
able basis by the Secretary of Labor. 
"(b) DIRECTOR ASSISTANCE.—The Director may enter into contracts 
with a qualified public or private nonprofit agency to provide assist-
ance to the Director in the management, supervision, and coordina-
tion of Youthbuild projects receiving assistance under this title. 
104 STAT. 3178 
PUBLIC LAW 101-610—NOV. 16, 1990 
Government 
contracts. 
Manpower 
training 
programs. 
Nonprofit 
organizations. 
42 use 5091/. 
"(c) SPONSOR ASSISTANCE.—The Director shall enter into contracts 
with a qu£ilitied public or private nonprofit agency to provide appro-
priate training, information, and technical assistance to sponsors of 
projects assisted under this title. 
"(d) APPUCATION PREPARATION.—Technical assistance may also be 
provided in the development of project proposals and the prepara-
tion of applications for assistance under this title to eligible entities 
which intend or desire to submit such applications. Community-
based organizations shall be given first priority in the provision of 
such assistance. 
"(e) RESERVATION OF FUNDS.—The Director shall reserve 5 percent 
of the amounts available in each fiscal year under section 715 to 
carry out subsections (c) and (d). 
"SEC. 713. DEFINITIONS. 
"For purposes of this title: 
"(1) COMMUNITY-BASED ORGANIZATIONS.—The term 'commu-
nity-based organizations' has the meaning given such term in 
section 4(8) of the Job Training Partnership Act (29 U.S.C. 
1503(8)). 
"(2) DIRECTOR.—The term 'Director' means the Director of the 
ACTION agency. 
"(3) DROPPED OUT OF HIGH SCHOOL.—The term 'individual who 
has dropped out of high school' means an individual who is 
neither attending any school nor subject to a compulsory 
attendance law and who has not received a secondary school 
diploma or a certificate of equivalency for such diploma, but 
does not include any individual who has attended secondary 
school at any time during the preceding 6 months. 
"(4) ECONOMICALLY DISADVANTAGED.—The term 'economically 
disadvantaged' has the meaning given such term in section 4(8) 
of the Job Training Partnership Act (29 U.S.C. 1503(8)). 
"(5) ELIGIBLE ENTITY.—The term 'eligible entity' means a 
public or private nonprofit agency, such as— 
"(A) community-based organizations; 
"(B) administrative entities designated under section 
103(bXlXB) of the Job Training Partnership Act (29 U.S.C. 
1501(bXl)(B)); 
"(C) community action agencies; 
"(D) State and local housing development agencies; 
"(E) State and local youth service and conservation corps; 
and 
"(F) any other entity that is eligible to provide education 
and emplojonent training under other Federal emplo5anent 
training programs. 
"(6) HOMELESS INDIVIDUAL.—The term 'homeless individual' 
has the meaning given such term in section 103 of the Stewart 
B. McKinney Homeless Assistance Act (42 U.S.C. 11302). 
"(7) HOUSING DEVELOPMENT AGENCY.—The term 'housing 
development agency* means any agency of a State or local 
government, or any private nonprofit organization that is en-
gaged in providing housing for the homeless or low-income 
families. 
"(8) INSTITUTION OF HIGHER EDUCATION.—The term 'institution 
of higher education' has the meaning given such term in section 
1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)). 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3179 
"(9) LiAOTED ENGLISH PROFICIENCY.—The term 'limited Eng-
lish proficiency' has the meaning given such term in section 
7003 of the Bilingual Education Act (20 U.S.C. 3223). 
"(10) LOW-INCOME FAMILY.—The term 'low-income family* has 
the meaning given the term 'lower income families' in section 
3(bX2) of the United States Housing Act of 1937 (42 U.S.C. 
1437a(bX2)). 
"(11) OFFENDER.—The term 'offender' means any adult or 
juvenile with a record of arrest or conviction for a criminal 
offense. 
"(12) QUALIFIED NONPROFIT AGENCY.—The term 'qualified 
public or private nonprofit agency' means any nonprofit agency 
that has significant prior experience in the operation of projects 
similar to the Youthbuild program authorized under this title 
and that has the capacity to provide effective technical assist-
ance under this title. 
"(13) RESIDENTIAL RENTAL PURPOSES.—The term 'residential 
rental purposes' includes a cooperative or mutual housing facil-
ity that has a resale structure that enables the cooperative to 
maintain affordability for low-income individuals and families. 
"(14) SERVICE OPPORTUNITY.—The term 'service opportunity* 
means the opportunity to perform work in return for wages and 
benefits in the construction or rehabilitation of real property in 
accordance with this title. 
"(15) STATE.—The term 'State' means any of the several 
States, the District of Columbia, the Commonwealth of Puerto 
Rico, the Commonwealth of the Northern Mariana Islands, the 
Virgin Islands, Guam, American Samoa, or any other territory 
or possession of the United States. 
"(16) TRANSITIONAL HOUSING.—The term 'transitional hous-
ing' means a project that has as its purpose facilitating the 
movement of homeless individuals and families to independent 
living within a reasonable amount of time. Transitional housing 
includes housing primarily designed to serve deinstitutionalized 
homeless individuals and other homeless individuals with 
mental or ph}rsical disabilities and homeless families with chil-
dren. 
"(17) YOUTHBUILD PROJECT.—The term 'Youthbuild project' 
means any project that receives assistance under this title and 
provides disadvantaged youth with opportunities for service, 
education, and training in the construction or rehabilitation of 
housing for homeless and other low-income individuals. 
"SEC. 715. REGULATIONS. 
The Secretary shall issue any regulations necessary to carry out 
this title. 
"SEC. 716. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated to carry out this title 
$1,000,000 for fiscal year 1991, $2,000,000 for fiscal year 1992, and 
$5,000,000 for fiscal year 1993.". 
42 use 5091m. 
42 use 5091n. 
104 STAT. 3180 
PUBLIC LAW 101-610—NOV. 16, 1990 
Subtitle C—Amendments to Student Literacy 
Corps 
20 u s e 1018c. 
Disadvantaged 
persons. 
20 u s e 1018e. 
The Points of 
Light 
Foundation Act. 
Public 
information. 
42 u s e 12501 
42 u s e 12661. 
SEC. 221. AMENDMENTS TO STUDENT LITERACY CORPS. 
(a) INCREASE IN HOURS OF SERVICE.—Section 144(bX2XB) of the 
Higher Education Act of 1965 (20 U.S.C. 1018 note) is amended by 
stnMng "6" and inserting in lieu thereof "60" and by striking "each 
week of' and inserting in lieu thereof "during". 
(b) PRIORITY.—Section 144(b)(2XD) of such Act is amended by 
inserting before the semicolon the following: "and, as provided in 
section 146, will give priority in providing tutoring services to— 
"(i) educationally disadvantaged students receiving services 
under chapter 1 of title I of the Elementary and Secondary 
Education Act of 1965; and 
"(ii) illiterate parents of educationally or economically dis-
advantaged elementary school students, with special emphasis 
on single-parent households.". 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 146 of such Act is 
amended— 
(1) by inserting "(a)" before "In general"; and 
(2) by adding at the end thereof the following new subsection: 
"0)) The priorities described in section 144(bX2)(D) shall be applied 
by the Secretary to funds appropriated which exceed $10,000,000.". 
TITLE III—POINTS OF LIGHT 
FOUNDATION 
SEC. 301. SHORT TITLE. 
This title may be cited as the "The Points of Light Foundation 
Act". 
SEC. 302. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1) community service and service to others is an integral part 
of American tradition; 
(2) existing volunteers and volunteer programs should be 
praised for their efforts in helping and serving others; 
(3) the definition of a successful life includes service to others; 
(4) individuals should be encouraged to volunteer their time 
and energies in community service efforts; 
(5) if asked to volunteer or participate in community service, 
most Americans will do so; 
(6) institutions should be encouraged to volunteer their re-
sources and energies and should encourage volunteer and 
community service among their members, employees, affiliates; 
and 
(7) volunteer and community service programs are intended 
to complement and not replace governmental responsibilities. 
(b) PURPOSE.—It is the purpose of this title— 
(1) to encourage every American and every American institu-
tion to help solve our most critical social problems by volunteer-
ing their time, energies and services through community service 
projects and initiatives; 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3181 
(2) to identify successful and promising community service 
projects and initiatives, and to disseminate 
information 
concerning such projects and initiatives to other communities in 
order to promote their adoption nationwide; and 
(3) to discover and encourage new leaders and develop individ-
uals and institutions that serve as strong examples of a commit-
ment to serving others and to convince all Americans that a 
successful life includes serving others. 
SEC. 303. AUTHORITY. 
42 USC 12662. 
(a) IN GENERAL.—The President is authorized to designate a pri-
vate, nonprofit organization (hereinafter referred to in this title as 
the Foundation) to receive funds pursuant to section 501(b), upon the 
determination of the President that such organization is capable of 
carrying out the undertakings described in section 302. Any such 
designation by the President shall be revocable. 
(b) CONSTRUCTION.—Nothing in this Act shall be construed 
either— 
(1) to cause the Foundation to be deemed an agency, establish-
ment, or instrumentality of the United States Government; or 
(2) to cause the directors, officers or employees of the Founda-
tion to be deemed officers or employees of the United States. 
SEC. 304. GRANTS TO THE FOUNDATION. 
42 USC12663. 
(a) IN GENERAL.—Funds made available pursuant to sections 303 
and 501(b) shall be granted to the Foundation by a department or 
agency in the executive branch of the United States Government 
designated by the President— 
(1) to assist the Foundation in carrying out the undertakings 
described in section 302; and 
(2) for the administrative expenses of the Foundation. 
0)) INTEREST EARNED ON ACCOUNTS.—Notwithstanding any other 
provision of law, the Foundation may hold funds granted to it 
pursuant to this title in interest-bearing accounts, prior to the 
d^bursement of such funds for purposes specified in subsection (a), 
and may retain for such purposes any interest earned on such 
deposits without returning such interest to the Treasun^ of the 
United States and without further appropriation by the Congress. 
SEC. 305. ELIGIBILITY OF THE FOUNDATION FOR GRANTS. 
42 USC 12664. 
(a) CoMPUANCE.—Grants may be made to the Foundation pursu-
ant to this title only if the Foundation agrees to comply with the 
requirements of this title. If the Foundation fails to comply with the 
requirements of this title, additional funds shall not be released 
until the Foundation brings itself into compliance with such require-
ments. 
O
b
) AcnviTiES.—The Foundation may use funds provided under 
this title only for activities and programs consistent with the pur-
poses described in sections 302 and 304. 
(c) LIMITATION.—The Foundation shall not issue any shares of 
stock or declare or pay any dividends. 
(d) COMPENSATION.—No part of the funds available to the Founda-
tion shall inure to the benefit of any board member, officer, or 
employee of the Foundation, except as salary or reasonable com-
pensation for services or expenses. Compensation for board members 
shall be limited to reimbursement for reasonable costs of travel and 
expenses. 
39-194 O - 91 - 28 : QL 3 Part 4 
104 STAT. 3182 
PUBLIC LAW 101-610—NOV. 16, 1990 
(e) CoNFUCTS OF INTEREST.—No director, officer, or employee of 
the Foundation shall participate, directly or indirectly, in the 
consideration or determination of any question before the Founda-
tion that affects his or her financial interests or the financial 
interests of any corporation, partnership, entity, or organization in 
which he or she has a direct or indirect financial interest. 
(f) POLITICAL ACTIVITY.—The Foundation shall not engage in 
lobbying or propaganda for the purpose of influencing legislation, 
and sh^l not participate or intervene in any political campaign on 
behalf of any candidate for public office. 
(g) PRIVATE SECTOR CONTRIBUTIONS.—During the second and third 
fiscal years in which funds are provided to the Foundation under 
this title, the Foundation shall raise from private sector donations 
an amount equal to not less than 25 percent of any funds provided to 
the Foundation under this title in such fiscal year. Funds shall be 
released to the Foundation during such fiscal year only to the extent 
that the matching requirement of the subsection has been met. 
(h) AUDIT OF ACCOUNTS.—The accounts of the Foundation shall be 
audited annually by independent certified public accountants or 
independent licensed public accountants certified or licensed by a 
regulatory authority of a State or other political subdivision of the 
United States in accordance with generally accepted auditing stand-
ards. The reports, of each such independent audit shall be included 
in the annu£d report required by subsection G). 
(i) AUDITS BY AGENCIES.—In fiscal years in which the Foundation 
is receiving grants under this title, the accounts of the Foundation 
may be audited at any time by any agency designated by the 
President. The Foundation shall keep such records as will facilitate 
effective audits. 
(j) CONGRESSIONAL OVERSIGHT.—In fiscal years in which the 
Foundation is receiving grants under this title, the Foundation shall 
be subject to appropriate oversight procedures of Congress. 
(k) DUTIES.—The Foundation shall ensure— 
Records. 
(1) that recipients of financial assistance provided by the 
Foundation under this title, shall keep separate accounts with 
respect to such assistance and such records as may be reason-
ably necessary to disclose fully— 
(A) the amount and the disposition by such recipient of 
the assistance received from the Foundation; 
(B) the total cost of the project or undertsiking in connec-
tion with which such assistance is given or used; 
(C) the amount and nature of that portion of the cost of 
the project or undertaking supplied by other sources; and 
(D) such other records as will facilitate effective audits; 
and 
(2) that the Foundation, or any of its duly authorized rep-
resentatives including any agency designated by the President 
pursuant to subsection (i) shall have access, for the purpose of 
audit and examination, to any books, documents, papers, and 
records of the recipient that are pertinent to assistance provided 
from funds granted pursuant to this title. 
(1) ANNUAL REPORTS.—The Foundation shall prepare and submit 
to the President and to the appropriate Committees of Congress an 
annual report, that shall include a comprehensive and detailed 
description of the Foundation's operations, activities, financial 
condition, and accomplishments for the fiscal year preceding the 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3183 
year in which the report is submitted. Such report shall be submit-
ted not later th£in 8 months after the conclusion of any fiscal year in 
which the Foundation receives grants under this title. 
TITLE IV—FOOD DONATIONS 
SEC. 401. SENSE OF CONGRESS CONCERNING ENACTMENT OF GOOD 
SAMARITAN FOOD DONATION ACT. 
(a) IN GENERAL.—It is the sense of Congress that each of the 50 
States, the District of Columbia, the Commonwealth of Puerto Rico, 
and the territories and possessions of the United States should— 
(1) encourage the donation of apparently wholesome food or 
grocery products to nonprofit organizations for distribution to 
needy individuals; and 
(2) consider the model Grood Samaritan Food Donation Act 
(provided in section 402) as a means of encouraging the donation 
of food and grocery products. 
db) DISTRIBUTION OF COPIES.—The Archivist of the United States 
shall distribute a copy of this title to the chief executive officer of 
each of the 50 States, the District of Columbia, the Commonwealth 
of Puerto Rico, and the territories and possessions of the United 
States. 
SEC. 402. MODEL GOOD SAMARITAN FOOD DONATION ACT. 
(a) SHORT TITLE.—This section may be cited as the "Good Samari-
tan Food Donation Act". 
Ot)) DEFINITIONS.—As used in this section: 
(1) APPARENTLY FIT GROCERY PRODUCT.—The term "apparently 
fit grocery product" means a grocery product that meets sill 
quality and labeling standards imposed by Federal, State, and 
local laws and regulations even though the product may not be 
readily marketable due to appearance, age, freshness, grade, 
size, surplus, or other conditions. 
(2) APPARENTLY WHOLESOME FOOD.—The term "apparently 
wholesome food" means food that meets all quality and labeling 
standards imposed by Federal, State, and local laws and regula-
tions even though the food may not be readily marketable due 
to appearance, age, freshness, grade, size, surplus, or other 
conditions. 
(3) DONATE.—The term "donate" means to give without 
requiring anything of monetary value from the recipient, except 
that the term shall include giving by a nonprofit organization to 
another nonprofit organization, notwithstanding that the donor 
organization has charged a nominal fee to the donee organiza-
tion, if the ultimate recipient or user is not required to give 
anything of monetary value. 
(4) FOOD.—The term "food" means any raw, cooked, proc-
essed, or prepared edible substance, ice, beverage, or ingredient 
used or intended for use in whole or in part for human 
consumption. 
(5) GLEANER.—The term "gleaner" means a person who har-
vests for free distribution to the needy, or for donation to a 
nonprofit organization for ultimate distribution to the needy, an 
agricultural crop that has been donated by the owner. 
(6) GROCERY PRODUCT.—The term "grocery product" means a 
nonfood grocery product, including a disposable paper or plastic 
42 use 12671. 
Good Samaritan 
Food Donation 
Act 
42 u s e 12672. 
104 STAT. 3184 
PUBLIC LAW 101-610—NOV. 16, 1990 
product, household cleaning product, laundry detergent, clean-
ing product, or miscellaneous household item. 
(7) GROSS NEGUGENCE.—The term "gross negligence" means 
voluntary and conscious conduct by a person with knowledge (at 
the time of the conduct) that the conduct is likely to be harmful 
to the health or well-being of another person. 
(8) INTENTIONAL MISCONDUCT.—The term "intentional mis-
conduct" meEins conduct by a person with knowledge (at the 
time of the conduct) that the conduct is harmful to the health or 
well-being of another person. 
(9) NONPROFIT ORGANIZATION.—The term "nonprofit organiza-
tion" means an incorporated or unincorporated entity that— 
(A) is operating for religious, charitable, or educational 
purposes; and 
(B) does not provide net earnings to, or ojperate in any 
other manner that inures to the benefit of, any officer, 
employee, or shareholder of the entity. 
(10) PERSON.—The term "person" means an individual, cor-
poration, partnership, organization, association, or govern-
mental entity, including a retail grocer, wholesaler, hotel, 
motel, manufacturer, restaurant, caterer, farmer, and nonprofit 
food distributor or hospital. In the case of a corporation, part-
nership, organization, association, or governmental entity, the 
term includes an officer, director, partner, deacon, trustee, 
council member, or other elected or appointed individual 
responsible for the governance of the entity. 
(c) LIABILITY FOR DAMAGES FROM DONATED FOOD AND GROCERY 
PRODUCTS.—A person or gleaner shall not be subject to civil or 
criminal liability arising from the nature, age, packaging, or condi-
tion of apparently wholesome food or an apparently fit grocery 
product that the person or gleaner donates in good faith to a 
nonprofit organization for ultimate distribution to needy individ-
uals, except that this paragraph shall not apply to an injury to or 
death of an ultimate user or recipient of the food or grocery product 
that results from an act or omission of the donor constituting gross 
negligence or intentional misconduct. 
(d) COLLECTION O
R GLEANING OF DONATIONS.—A person who allows 
the collection or gleaning of donations on property owned or occu-
pied by the person by gleaners, or paid or unpaid representatives of 
a nonprofit organization, for ultimate distribution to needy individ-
uals shall not be subject to civil or criminal liability that arises due 
to the injury or death of the gleaner or representative, except that 
this paragraph shall not apply to an injury or death that results 
from an act or omission of the person constituting gross negligence 
or intentioned misconduct. 
(e) PARTIAL COMPLIANCE.—If some or all of the donated food and 
grocery products do not meet all quality suid labeling standards 
imposed by Federal, State, and local laws and regulations, the 
person or gleaner who donates the food and grocery products shall 
not be subject to civil or criminal liability in accordance with this 
section if the nonprofit organization that receives the donated food 
or grocery products— 
(1) is informed by the donor of the distressed or defective 
condition of the donated food or grocery products; 
(2) agrees to recondition the donated food or grocery products 
to comply with all the quality and labeling standards prior to 
distribution; and 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3185 
(3) is knowledgeable of the standards to properly recondition 
the donated food or grocery product. 
(f) CONSTRUCTION.—TWs section shall not be construed to create 
any liability. 
SEC. 403. EFFECT OF SECTION 402. 
The model Good Samaritan Food Donation Act (provided in sec-
tion 402) is intended only to serve as a model law for enactment by 
the States, the District of Columbia, the Commonweedth of Puerto 
Rico, and the territories and possessions of the United States. The 
enactment of section 402 shall have no force or effect in law. 
TITLE V—AUTHORIZATION OF 
APPROPRIATIONS 
SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 
(a) TITLE I.— 
(1) IN GENERAL.—There are authorized to be appropriated to 
carry out title I, $56,000,000 for fiscal year 1991, $95,500,000 for 
fiscal year 1992, and $105,000,000 for fiscal year 1993. 
(2) EARMARKS.—Of the aggregate amount appropriated under 
paragraph (1) for title I for each fiscal year— 
(A) $2,000,000 shall be made available to carry out sub-
title G of such title in each such fiscal year; 
(B) not less than 30 percent shall be available to carry out 
subtitle B of such title in each such fiscal year; 
(C) not less than 30 percent shall be available to carry out 
subtitle C of such title in each such fiscal year; and 
(D) not less than 30 percent shall be available to carry out 
subtitle D of such title in each such fiscal year. 
Qa) TITLE III.—There are authorized to be appropriated to carry 
out title III, $5,000,000 for fiscal year 1991, $7,500,000 for fiscal year 
1992, and $10,000,000 for fiscal year 1993. 
TITLE VI—MISCELLANEOUS PROVISIONS 
42 use 12673. 
42 use 12681. 
SEC. 601. AMTRAK WASTE DISPOSAL. 
(a) AMENDMENT TO RAIL PASSENGER SERVICE ACT.—Section 306(i) 
of the Rail Passenger Service Act is amended— 
45 USC 546. 
(1) by inserting "and other Federal, State and local laws" 
after "Public Health Service Act (42 U.S.C. 264)"; and 
(2) by adding at the end thereof the following new sentences: 
"New intercity rail passenger cars manufactured on or after 
October 15, 1990, shall be built to provide for the discharge of 
human wastes only at servicing facilities. The Corporation shall 
retrofit those of its intercity rail passenger cars that were 
manufactured after May 1, 1971 and before October 15, 1990, 
with human waste disposal systems that provide for the dis-
charge of human wastes only at servicing facilities. Subject to 
the appropriation of funds, (1) such retrofit program shall be 
completed within not later than October 15, 1996, and (2) all 
cars that do not provide for the discharge of human wastes only 
at servicing facilities shall be removed from service after such 
date. The United States district courts shall have original juris- Courts. 
104 STAT. 3186 
PUBLIC LAW 101-610—NOV. 16, 1990 
diction over any civil actions brought by the Corporation to 
enforce the exemption conferred hereunder and may grant 
equitable or declaratory relief as requested by the Corpora-
tion.". 
45 use 546 note. 
(b) PLAN.—Not later than 1 year after the date of enactment of 
this Act, the National Railroad Passenger Corporation shall prepare 
and submit to the appropriate committees of Congress a plan that 
sets forth a schedule and projected cost for the completion of the 
retrofit program referred to in the amendment made by subsection 
(a) within the time limit set forth under such amendment. 
45 use 546 note. 
(c) EFFECTIVE DATE.—The amendments made by subsection (a) 
shall take effect as if enacted on February 5,1976. 
45 use 546 note. 
(d) ENVIRONMENTALLY SENSITIVE AREAS.—Not later than 1 year 
after the date of enactment of this Act, the Secretary of Transpor-
tation, after appropriate notice and comment, and in consultation 
with the National Railroad Passenger Corporation, the Adminis-
trator of the Environmental Protection Agency, the Surgeon Gen-
eral, and State and local officials, shall promulgate such regulations 
as may be necessary to mitigate the impact of the discharge of 
human waste from railroad passenger cars on areas that may be 
considered environmentally sensitive. 
45 u s e 546 note. 
(e) AVAILABILITY OF INFORMATION CONCERNING DISPOSAL OF 
WASTE.—Not later than 1 year after the date of enactment of this 
Act, the Secretary of Transportation shall promulgate regulations 
directing the National Railroad Passenger Corporation to, where 
appropriate, publish printed information, and make public address 
announcements, explaining its existing disposal technology and the 
retrofit and new equipment program, and encouraging passengers 
using existing equipment not to dispose of wastes in stations, rail-
road yards, or while the train is moving through environmentally 
sensitive areas. 
SEC. 602. EXCHANGE PROGRAM WITH COUNTRIES IN TRANSITION FROM 
TOTALITARIANISM TO DEMOCRACY. 
22 u s e 2452a. 
(a) AUTHORIZATION OF ACTIVITIES; GRANTS OR CONTRACTS FOR 
EXCHANGES WITH FOREIGN COUNTRIES.—Pursuant to the Mutual 
Educational and Cultural Exchange Act of 1961 and using the 
authorities contained therein, the President is authorized, when the 
President considers that it would strengthen international coopera-
tive relations, to provide, by grant, contract, or otherwise, for ex-
changes with countries that are in transition from totalitarianism to 
democracy, which include, but are not limited to Poland, Hungary, 
Czechoslovakia, Bulgaria, and Romania— 
(1) by financing studies, research, instruction, and related 
activities— 
(A) of or for American citizens and nationals in foreign 
countries; and 
(B) of or for citizens and nationals of foreign countries in 
American private businesses, trade associations, unions, 
chambers of commerce, and local. State, and Federal 
Government agencies, located in or outside the United 
States; and 
(2) by financing visits and interchanges between the United 
States and countries in transition from totalitarianism to 
democracy. 
PUBLIC LAW 101-610—NOV. 16, 1990 
104 STAT. 3187 
The program under this section shall be coordinated by the United 
States Information Agency. 
(b) TRANSFER OF FUNDS.—The President is authorized to transfer 
to the appropriations account of the United States Information 
Agency such sums as the President shall determine to be necessary 
out of the travel accounts of the departments and agencies of the 
United States, except for the Department of State and the United 
States Information Agency, as the President shall designate. Such 
transfers shall be subject to the approval of the Committee on 
Appropriations of the House of Representatives and the Committee 
on Appropriations of the Senate. In addition, the President is au-
thorized to accept such gifts or cost-sharing arrangements as may be 
proffered to sustain the program under this section. 
Approved November 16, 1990. 
LEGISLATIVE HISTORY—S. 1430 (H.R. 4330): 
HOUSE REPORTS: No. 101-677, Pt. 1 accompanying H.R. 4330 (Coram, on Education 
and Labor) and No. 101-893 (Comm. of Conference). 
SENATE REPORTS: No. 101-176 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Feb. 26-28, Mar. 1, considered and passed Senate. 
Sept. 13, H.R. 4330 considered and passed House; S. 1430, amended, passed in 
lieu. 
Oct. 16, Senate agreed to conference report. 
Oct. 24, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Nov. 16, Presidential statement.