National and Community Service Technical Amendment Act of 1992
PL 102-384 (S.3175), enacted 10/05/1992

PUBLIC LAW 102-384—OCT. 5,1992 
106 STAT. 1455 
Public Law 102-384 
102d Congress 
An Act 
To improve the administrative provisions and make technical corrections in the 
National and Community Service Act of 1990. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may b e l t e d as the "National and Community Service 
Technical Amendment Act of 1992". 
SEC. 
2. 
REFERENCES. 
Except as otherwise specifically provided, whenever in this 
Act an amendment or repeal is expressed in terms of an amendment 
to, or a repeal of, a section or other provision, the reference shsdl 
be considered to be made to a section or other provision of the 
National and Conmaimity Service Act of 1990 (42 U.S.C. 12501 
et seq.). 
SEC. 3. DEFINITIONS. 
Section 101 (42 U.S.C. 12511) is amended— 
(1) by striking paragraph (29) and inserting the following 
new paragraph: 
(29) The term 'summer program' means a full-time or 
part-time youth corps program authorized under this title that 
is hmited to a period beginning after April 30 and ending 
before October 1. , and 
(2) by striking "stipends" in paragraph (30) and inserting 
"Uving allowances . 
SEC. 4. AUTHORITY OF COMMISSION. 
Paragraphs (1) and (2) of section 112(b), and sections 113(10), 
115(c)(2), 116(b), 164(2), 179(d), and 190(c)(8) (42 U.S.C. 12522(b) 
(1) arid (2), 12523(10), 12525(c)(2), 12526(b), 12615(2), 12639(d), 
and 12651(c)(8)) are amended by striking "Secretary" each place 
it appears and inserting "Commission". 
SEC. 6. GENERAL AUTHORITY. 
Section 121 (42 U.S.C. 12541) is amended to read as follows: 
"SEC. 121. GENERAL AUTHORITY. 
"The Commission may make grants under section 102 to States 
or local appUcants and may transfer funds to the Secretary of 
Agriculture, to the Secretai^ of the Interior, or to the Director 
of ACTION for the creation or expansion of full-time, part-time, 
year-round, or summer, youth corps programs". 
Oct. 5,1992 
[S. 3175] 
National and 
Community 
Service 
Technical 
Amendment Act 
of 1992. 
42 use 12501 
note. 
106 STAT. 1456 
PUBLIC LAW 102-384—OCT. 5,1992 
SEC. 6. AGE. 
Section 130(a)(1) (42 U.S.C. 12550(a)(1)) is amended by striking 
"15" and inserting "14". 
SEC. 7. PEACE CORPS. 
(a) ELIGIBILITY AND SELECTION PROCEDURES.—Section 161(a)(2) 
(42 U.S.C. 12612(a)(2)) is amended by striking "at least 3 years". 
(b) 
EDUCATIONAL BENEFITS.—Section 
163(c)(2) (42 U.S.C. 
12614(c)(2)) is amended by striking "serve 3 years" and inserting 
"satisfactorily complete the service of the individual". 
SEC. 8. ASSISTANCE FOR HEAD START. 
Section 166 (42 U.S.C. 12622) is amended by inserting ", and 
to projects of the type described in section 211(a) of the Domestic 
Volunteer Service Act operating under memoranda of agreement 
with the ACTION Agency," after "Domestic Volunteer Service Act)". 
SEC. 9. EVALUATION. 
Section 179 (42 U.S.C. 12639) is amended— 
(1) in subsection (a)(2) by striking "subsection (h)" and 
inserting "subsection (j)"; 
(2) in subsection (f) by inserting "or post-service benefit" 
after "voucher"; and 
(3) in subsection (h)— 
(A) in paragraph (1) by striking "subsection (g)" and 
inserting "tnis section"; and 
(B) by striking paragraph (2) and inserting the fol-
lowing new paragraph: 
"(2) CONFIDENTIALITY.— 
"(A) IN GENERAL.—^The Commission shall maintain the 
confidentiality of information acquired under this sub-
section regarding individual participants. 
"(B) DISCLOSURE.— 
"(i) CONSENT.—^The content of any information 
described in subparagraph (A) may be disclosed with 
the prior written consent of the individual participant 
with respect to whom the information is maintained, 
"(ii) AGGREGATE INFORMATION.—The Commission 
may 
disclose 
information 
about 
the 
aggregate 
characteristics of such participants. 
SEC. 10. COMMISSION ON NATIONAL AND COMMUNITY SERVICE. 
Section 190 (42 U.S.C. 12651) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)(B), by inserting "Director of the 
Office of National Drug (Jontrol Policy," eifter "Agriculture,"; 
and 
(B) by redesignating paragraphs (5) through (8) as 
paragraphs (3) through (6), respectively; 
(2) in subsection (d) by adding at the end the following 
new paragraph: 
'X3) The Board may— 
"(A) appoint the Director without regard to the provi-
sions of title 5, United States Code, governing the appoint-
ments in the competitive service; and 
"(B) fiix the compensation of the Director without 
regard to the provisions of chapter 51 and subchapter III 
of chapter 53 of such title relating to classification and 
PUBUC LAW 102-384—CXTT. 5,1992 
106 STAT. 1457 
General Schedule pay rates, except that the rate of com-
pensation shall not exceed the annual rate of basic pay 
payable for level IV of the Executive Schedule under section 
5315 of title 5, United States Code."; 
(3) in subsection (e)— 
Government 
(A) by striking TECHNICAL EMPLOYEES.—The Director" 
and inserting "EMPLOYEES.— 
"(1) IN GENERAL.—The Director"; 
(B) in paragraph (1) (as designated by subparagraph 
(A) of tiiis paragraph)— 
(i) by striking "10 technical" and inserting "eight"; 
(ii) by striking "Committee" and inserting "Com-
mission"; and 
(iii) by inserting before the period the following: 
", except that the rate of compensation for two of 
the eight employees shall not exceed the annual rate 
of basic pay payable for level V of the Executive Sched-
ule under section 5316 of title 5, United States Code, 
and the rate of compensation for the remaining six 
of the eight employees shall not exceed the maximum 
annual rate of basic pay payable for GS-15s under 
the General Schedule under section 5332 of title 5, 
United States Code"; and 
(C) by adding at the end the following new paragraphs: 
"(2) ADDITIONAL STAFF.—^The Director may, at the discre-
tion of the Board, appoint and compensate such staff as the 
Director determines to be necessary to carry out the duties 
of the Commission. 
"(3) CONSULTANTS.—Subject to the rules prescribed by the 
Commission, the Director may procure the temporary and inter-
mittent services of experts and consultants and compensate 
the experts and consultants in accordance with section 3109(b) 
of title 5, United States Code. 
"(4) DETAILS OF PERSONNEL.—^The head of any Federal 
department or agency may detail on a reimbursable basis, 
or on a nonreimbursable basis for not to exceed 180 calendar 
days during any fiscal year, as agreed upon by the Director 
and the head of the Federal agency, any of the personnel 
of that department or agency to the Commission to assist 
the Commission in canying out the duties of the Commission 
under this Act. Any detail shall not interrupt or otherwise 
affect the civil service stetus or privileges of the Federal 
employee. 
"(5) DONATIONS.— 
"(A) SERVICES.— 
"(i) VOLUNTEERS.—^Notwithstanding any other pro-
vision of Federal law, the Commission may accept the 
voluntary services of individuals, and provide to such 
individuals the travel expenses described in subsection 
(bX6). 
"(ii) LIMITATION.—Such a volunteer shall not be 
considered to be a Federal employee and shall not 
be subject to the provisions of law relating to Federal 
employment including those relating to hours of work, 
rates of compensation, leave, unemployment com-
pensation, and Federal employee benefits, except as 
follows: 
59-194 O—93 
19:QL3(Pt. ? 
106 STAT. 1458 
PUBLIC LAW 102-384—OCT. 5,1992 
"(I) TORT CLAIMS.—^For the purposes of the 
tort claims provisions of chapter 171 of title 28, 
United States Code, a volunteer under this subtitle 
shall be considered to be a Federal employee. 
"(II) CIVIL EMPLOYEE.—For the purposes of 
subchapter I of chapter 81 of title 5, United States 
Code, relating to compensation to Federal employ-
ees for work injuries, volunteers under this subtitle 
shall be considered to be employees, as defined 
in section 8101(1)(B) of title 5, United States Code, 
and the provisions of such subchapter shall apply. 
"(B) PROPERTY.—^The Commission may accept, use, and 
dispose of, in furtherance of the purposes of this Act, dona-
tions of any money or property, real, personal, or mixed, 
tangible or intangible, received by gift, devise, bequest, 
or otherwise. 
"(C) RULES.—^The Commission shall estabUsh written 
rules setting forth the criteria to be used in determining 
whether the acceptance of contributions of money or prop-
erty, real, personal, or mixed, tangible or intangible, 
received by gift, device, bequest, or otherwise (pursuant 
to subparagraph (B)) would reflect unfavorably upon the 
ability of the Commission or any employee of the Commis-
sion to carry out the responsibilities or official duties of 
the Commission in a fair and objective manner, or would 
compromise the integrity of the programs of the Commis-
sion or any official involved in such programs. 
Reports. 
«(D) DISPOSITION.—Upon completion of the use by the 
Commission of any affected property, such completion shall 
be reported to the Greneral Services Administration and 
such property shall be disposed in accordance with title 
II of the Federal Property and Administrative Services 
Act of 1949 (40 U.S.C. 471 et seq.). 
"(6) CohfTRACTS.—Subject to the Federal Property and 
Administrative Services Act of 1949, the Commission may enter 
into contracts, and cooperative and interagency agreements, 
with Federal and State agencies, private firms, institutions, 
and individuals to conduct activities necessary to carry out 
the duties of the Commission under this Act."; and 
(4) by adding at the end the following new subsections: 
"(i) USE OF MAILS.—^The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the United States. 
"(j) INFORMATION FROM FEDERAL AGENCIES.—The Commission 
may secure directly from an officer, department, agency, establish-
ment, or instrumentality of the Federal Grovemment such informa-
tion and statistics as the Commission may require to carry out 
the duties of the Commission under this Act. On the request of 
the Director of the Commission, each such officer, department, 
agency, estabUshment, or instrumentality may furnish, to the extent 
permitted by law, such information and statistics directly to the 
Commission. 
"(k) SOURCES OF SUPPLIES AND SERVICES.—The Commission 
may use General Services Administration sources of supplies and 
services.". 
PUBLIC LAW 102-384—(Xrr. 5, 1992 
106 STAT. 1459 
SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Section 501(a)(1) (42 U.S.C. 12681(a)(1)) is 
amended to read as follows: 
"(1) TITLE L— 
"(A) IN GENERAL.—^There are authorized to be appro-
priated to carry out subtitles B, C, D, E, and F of title 
I, $102,000,000 for fiscal year 1993. 
"(B) SUBTITLE G.—TTiere are authorized to be appro-
priated to carry out subtitle G of title I, $3,000,000 for 
fiscal year 1993.". 
(b) EARMARKS.—Section 501(a)(2) (42 U.S.C. 12681(a)(2)) is 
amended— 
(1) in the matter preceding subparagraph (A), by striking 
"paragraph (1)" and inserting "paragraph (1)(A)"; 
(2) by striking subparagraph (A); 
(3) by striking "and" at the end of subparagraph (C); 
(4) by striking the period at the end of subparagraph (D) 
and inserting a semicolon; 
(5) by redesignating subparagraphs (B), (C), and (D) as 
subparagraphs (A), (B), and (C), respectively; and 
(6) by adding at the end the following new subparagraph: 
"(D) any remaining funds may be expended for any 
activity authorized in title I.". 
Approved October 5, 1992. 
LEGISLATIVE HISTORY—S. 3175: 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Aug. 12, considered and passed Senate. 
Sept. 16, considered and passed House.