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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
(Public Law 101–610, Nov. 16, 1990, 104 Stat. 3127)
(42 U.S.C. 12501 et seq.)
[As Amended Through P.L. 111–13, Enacted April 21, 2009]
AN ACT To enhance national and community service, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. [42 U.S.C. 12501 note] SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘National and
Community Service Act of 1990’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act is
as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purpose.
TITLE I—NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
Subtitle A—General Provisions
Sec. 101. Definitions.
Sec. 102. Authority to make State grants.
Subtitle B—School-Based and Community-Based Service-Learning Programs
Sec.
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PART I—PROGRAMS FOR ELEMENTARY AND SECONDARY SCHOOL STUDENTS
111. Purpose.
111A. Definitions.
112. Assistance to States, territories, and Indian tribes.
112A. Allotments.
113. Applications.
114. Consideration of applications.
115. Participation of students and teachers from private schools.
116. Federal, State, and local contributions.
117. Limitations on uses of funds.
PART II—HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY SERVICE
Sec. 118. Higher education innovative programs for community service.
Sec. 118A. Campuses of Service.
PART III—INNOVATIVE
AND
COMMUNITY-BASED SERVICE-LEARNING PROGRAMS
RESEARCH
AND
Sec. 119. Innovative and community-based service-learning programs and research.
PART IV—SERVICE-LEARNING IMPACT STUDY
Sec. 120. Study and report.
Subtitle C—National Service Trust Program
PART I—INVESTMENT IN NATIONAL SERVICE
Sec. 121. Authority to provide assistance and approved national service positions.
Sec. 122. National service programs eligible for program assistance.
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Sec. 1
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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Sec. 123. Types of national service positions eligible for approval for national service educational awards.
Sec. 124. Types of program assistance.
Sec. 126. Other special assistance.
Sec.
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PART II—APPLICATION AND APPROVAL PROCESS
129. Provision of assistance and approved national service positions.
129A. Educational awards only program.
130. Application for assistance and approved national service positions.
131. National service program assistance requirements.
132. Ineligible service categories.
132A. Prohibited activities and ineligible organizations.
133. Consideration of applications.
Sec.
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137.
138.
139.
140.
141.
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Subtitle D—National Service Trust and Provision of Educational Awards
145. Establishment of the National Service Trust.
146. Individuals eligible to receive an educational award from the Trust.
146A. Certifications of successful completion of terms of service.
147. Determination of the amount of the educational award.
148. Disbursement of educational awards.
149. Approval process for approved positions.
Sec.
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151.
152.
153.
154.
155.
156.
157.
158.
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162.
163.
164.
165.
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Subtitle F—Administrative Provisions
171. Family and medical leave.
172. Reports.
173. Supplementation.
174. Prohibition on use of funds.
175. Nondiscrimination.
176. Notice, hearing, and grievance procedures.
177. Nonduplication and nondisplacement.
178. State Commissions on National and Community Service.
179. Evaluation.
179A. Civic Health Assessment and volunteering research and evaluation.
180. Engagement of participants.
181. Contingent extension.
182. Partnerships with schools.
183. Rights of access, examination, and copying.
184. Drug-free workplace requirements.
184A. Availability of assistance.
185. Consolidated application and reporting requirements.
186. Sustainability.
187. Grant periods.
PART III—NATIONAL SERVICE PARTICIPANTS
Description of participants.
Selection of national service participants.
Terms of service.
Living allowances for national service participants.
National service educational awards.
Subtitle E—National Civilian Community Corps
Purpose.
Establishment of National Civilian Community Corps Program.
National service program.
Summer national service program.
National Civilian Community Corps.
Training.
Service projects.
Authorized benefits for Corps members.
Administrative provisions.
Status of Corps members and Corps personnel under Federal law.
Contract and grant authority.
Responsibilities of Department of Defense.
Advisory board.
Evaluations.
Definitions.
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5
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 1
Sec. 188. Generation of volunteers.
Sec. 189. Limitation on program grant costs.
Sec. 189A. Matching requirements for severely economically distressed communities.
Sec. 189B. Audits and reports.
Sec. 189C. Restrictions on Federal Government and uses of Federal funds.
Sec. 189D. Criminal history checks.
Sec.
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Sec.
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Subtitle G—Corporation for National and Community Service
191. Corporation for National and Community Service.
192. Board of Directors.
192A. Authorities and duties of the Board of Directors.
193. Chief Executive Officer.
193A. Authorities and duties of the Chief Executive Officer.
194. Officers.
195. Employees, consultants, and other personnel.
196. Administration.
196A. Corporation State offices.
196B. Assignment to State Commissions.
196C. Study of involvement of veterans.
Subtitle H—Investment for Quality and Innovation
PART I—ADDITIONAL CORPORATION ACTIVITIES TO SUPPORT NATIONAL SERVICE
Sec. 198. Additional corporation activities to support national service.
Sec. 198A. Presidential awards for service.
Sec. 198B. ServeAmerica Fellowships.
Sec. 198C. Silver Scholarships and Encore Fellowships.
PART II—NATIONAL SERVICE RESERVE CORPS
Sec. 198H. National Service Reserve Corps.
PART III—SOCIAL INNOVATION FUNDS PILOT PROGRAM
Sec. 198K. Funds.
PART IV—NATIONAL SERVICE PROGRAMS CLEARINGHOUSES; VOLUNTEER GENERATION
FUND
Sec. 198O. National service programs clearinghouses.
Sec. 198P. Volunteer generation fund.
PART V—NONPROFIT CAPACITY BUILDING PROGRAM
Sec. 198S. Nonprofit capacity building.
Sec.
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Subtitle I—American Conservation and Youth Corps
199. Short title.
199A. General authority.
199B. Limitation on purchase of capital equipment.
199C. State application.
199D. Focus of programs.
199E. Related programs.
199F. Public lands or Indian lands.
199G. Training and education services.
199H. Preference for certain projects.
199I. Age and citizenship criteria for enrollment.
199J. Use of volunteers.
199K. Living allowance.
199L. Joint programs.
199M. Federal and State employee status.
Subtitle J—Training and Technical Assistance
Sec. 199N. Training and technical assistance.
TITLE II—MODIFICATIONS OF EXISTING PROGRAMS
Subtitle A—Publication
Sec. 201. Information for students.
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Sec. 2
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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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 IV—PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS
Sec. 401. Projects.
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. [42 U.S.C. 12501] FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) Throughout the United States, there are pressing
unmet human, educational, environmental, and public safety
needs.
(2) Americans desire to affirm common responsibilities and
shared values, and join together in positive experiences, that
transcend race, religion, gender, age, disability, region, income,
and education.
(3) The rising costs of postsecondary education are putting
higher education out of reach for an increasing number of citizens.
(4) Americans of all ages can improve their communities
and become better citizens through service to the United
States.
(5) Nonprofit organizations, local governments, States, and
the Federal Government are already supporting a wide variety
of national service programs that deliver needed services in a
cost-effective manner.
(6) Residents of low-income communities, especially youth
and young adults, can be empowered through their service, and
can help provide future community leadership.
(b) PURPOSE.—It is the purpose of this Act to—
(1) meet the unmet human, educational, environmental,
and public safety needs of the United States, without displacing existing workers;
(2) renew the ethic of civic responsibility and the spirit of
community and service throughout the varied and diverse communities of the United States;
(3) expand educational opportunity by rewarding individuals who participate in national service with an increased ability to pursue higher education or job training;
1 Section 1301(b) of Public Law 107–117 (115 Stat. 2339) amended this Act by inserting before
title V a new title IV without making a conforming amendment to the table of sections.
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 2
(4) encourage citizens of the United States, regardless of
age, income, geographic location, or disability, to engage in
full-time or part-time national service;
(5) reinvent government to eliminate duplication, support
locally established initiatives, require measurable goals for performance, and offer flexibility in meeting those goals;
(6) expand and strengthen existing national service programs with demonstrated experience in providing structured
service opportunities with visible benefits to the participants
and community;
(7) build on the existing organizational service infrastructure of Federal, State, and local programs, agencies, and communities to expand full-time and part-time service opportunities for all citizens;
(8) provide tangible benefits to the communities in which
national service is performed;
(9) expand and strengthen service-learning programs
through year-round opportunities, including opportunities during the summer months, to improve the education of children
and youth and to maximize the benefits of national and community service, in order to renew the ethic of civic responsibility and the spirit of community for children and youth
throughout the United States;
(10) assist in coordinating and strengthening Federal and
other service opportunities, including opportunities for participation in emergency and disaster preparedness, relief, and recovery;
(11) increase service opportunities for the Nation’s retiring
professionals, including such opportunities for those retiring
from the science, technical, engineering, and mathematics professions, to improve the education of the Nation’s youth and
keep America competitive in the global knowledge economy,
and to further utilize the experience, knowledge, and skills of
older individuals;
(12) encourage the continued service of the alumni of the
national service programs, including service in times of national need;
(13) encourage individuals age 55 or older to partake of
service opportunities;
(14) focus national service on the areas of national need
such service has the capacity to address, such as improving
education, increasing energy conservation, improving the
health status of economically disadvantaged individuals, and
improving economic opportunity for economically disadvantaged individuals;
(15) recognize and increase the impact of social entrepreneurs and other nonprofit community organizations in addressing national and local challenges;
(16) increase public and private investment in nonprofit
community organizations that are effectively addressing national and local challenges and encourage such organizations to
replicate and expand successful initiatives;
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Sec. 101
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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(17) leverage Federal investments to increase State, local,
business, and philanthropic resources to address national and
local challenges;
(18) support institutions of higher education that engage
students in community service activities and provide highquality service-learning opportunities; and
(19) recognize the expertise veterans can offer to national
service programs, expand the participation of the veterans in
the national service programs, and assist the families of veterans and members of the Armed Forces on active duty.
TITLE I—NATIONAL AND COMMUNITY
SERVICE STATE GRANT PROGRAM
Subtitle A—General Provisions
SEC. 101. [42 U.S.C. 12511] DEFINITIONS.
For purposes of this title:
(1) ADULT VOLUNTEER.—The term ‘‘adult volunteer’’ means
an individual, such as an older adult, an individual with a disability, a parent, or an employee of a business or public or private nonprofit organization, who—
(A) works without financial remuneration in an educational institution to assist students or out-of-school
youth; and
(B) is beyond the age of compulsory school attendance
in the State in which the educational institution is located.
(2) ALASKA NATIVE-SERVING INSTITUTION.—The term ‘‘Alaska Native-serving institution’’ has the meaning given the term
in section 317(b) of the Higher Education Act of 1965 (20
U.S.C. 1059d(b)).
(3) APPROVED NATIONAL SERVICE POSITION.—The term ‘‘approved national service position’’ means a national service position for which the Corporation has approved the provision of
a national service educational award described in section 147
as one of the benefits to be provided for successful service in
the position.
(4) APPROVED SILVER SCHOLAR POSITION.—The term ‘‘approved silver scholar position’’ means a position, in a program
described in section 198C(a), for which the Corporation has approved the provision of a silver scholarship educational award
as one of the benefits to be provided for successful service in
the position.
(5) APPROVED SUMMER OF SERVICE POSITION.—The term
‘‘approved summer of service position’’ means a position, in a
program described in section 119(c)(8), for which the Corporation has approved the provision of a summer of service educational award as one of the benefits to be provided for successful service in the position.
(6) ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC ISLANDER-SERVING INSTITUTION.—The term ‘‘Asian American and
Native American Pacific Islander-serving institution’’ has the
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 101
meaning given the term in section 320(b) of the Higher Education Act of 1965 (20 U.S.C. 1059g(b)).
(7) AUTHORIZING COMMITTEES.—The term ‘‘authorizing
committees’’ means the Committee on Education and Labor of
the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate.
(8) CARRY OUT.—The term ‘‘carry out’’, when used in connection with a national service program, means the planning,
establishment, operation, expansion, or replication of the program.
(9) CHIEF EXECUTIVE OFFICER.—The term ‘‘Chief Executive
Officer’’, except when used to refer to the chief executive officer
of a State, means the Chief Executive Officer of the Corporation appointed under section 193.
(10) COMMUNITY-BASED AGENCY.—The term ‘‘communitybased agency’’ means a private nonprofit organization (including a church or other religious entity) that—
(A) is representative of a community or a significant
segment of a community; and
(B) is engaged in meeting human, educational, environmental, or public safety community needs.
(11) COMMUNITY-BASED ENTITY.—The term ‘‘communitybased entity’’ means a public or private nonprofit organization
that—
(A) has experience with meeting unmet human, educational, environmental, or public safety needs; and
(B) meets other such criteria as the Chief Executive
Officer may establish.
(12) CORPORATION.—The term ‘‘Corporation’’ means the
Corporation for National and Community Service established
under section 191.
(13) DISADVANTAGED YOUTH.—The term ‘‘disadvantaged
youth’’ includes those youth who are economically disadvantaged and 1 or more of the following:
(A) Who are out-of-school youth, including out-ofschool youth who are unemployed.
(B) Who are in or aging out of foster care.
(C) Who have limited English proficiency.
(D) Who are homeless or who have run away from
home.
(E) Who are at-risk to leave secondary school without
a diploma.
(F) Who are former juvenile offenders or at risk of delinquency.
(G) Who are individuals with disabilities.
(14) ECONOMICALLY DISADVANTAGED.—The term ‘‘economically disadvantaged’’ means, with respect to an individual, an
individual who is determined by the Chief Executive Officer to
be low-income according to the latest available data from the
Department of Commerce.
(15) ELEMENTARY SCHOOL.—The term ‘‘elementary school’’
has the same meaning given such term in section 9101 of the
Elementary and Secondary Education Act of 1965.
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Sec. 101
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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(16) ENCORE SERVICE PROGRAM.—The term ‘‘encore service
program’’ means a program, carried out by an eligible entity as
described in subsection (a), (b), or (c) of section 122, that—
(A) involves a significant number of participants age
55 or older in the program; and
(B) takes advantage of the skills and experience that
such participants offer in the design and implementation
of the program.
(17) HISPANIC-SERVING INSTITUTION.—The term ‘‘Hispanicserving institution’’ has the meaning given such term in section 502(a) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a)).
(18) HISTORICALLY BLACK COLLEGE OR UNIVERSITY.—The
term ‘‘historically black college or university’’ means a part B
institution, as defined in section 322 of the Higher Education
Act of 1965 (20 U.S.C. 1061).
(19) INDIAN.—The term ‘‘Indian’’ means a person who is a
member of an Indian tribe, or is a ‘‘Native’’, as defined in section 3(b) of the Alaska Native Claims Settlement Act (43
U.S.C. 1602(b)).
(20) 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 an Indian or Indian tribe, and
any real property held by an Indian or Indian tribe that is subject to restrictions on alienation imposed by the United States.
(21) INDIAN TRIBE.—The term ‘‘Indian tribe’’ means—
(A) an Indian tribe, band, nation, or other organized
group or community, including—
(i) any Native village, as defined in section 3(c) of
the Alaska Native Claims Settlement Act (43 U.S.C.
1602(c)), whether organized traditionally or pursuant
to the Act of June 18, 1934 (commonly known as the
‘‘Indian Reorganization Act’’; 48 Stat. 984, chapter
576; 25 U.S.C 461 et seq.); and
(ii) any Regional Corporation or Village Corporation, as defined in subsection (g) or (j), respectively, of
section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602 (g) or (j)),
that is recognized as eligible for the special programs and
services provided by the United States under Federal law
to Indians because of their status as Indians; and
(B) any tribal organization controlled, sanctioned, or
chartered by an entity described in subparagraph (A).
(22) INDIVIDUAL WITH A DISABILITY.—Except as provided in
section 175(a), the term ‘‘individual with a disability’’ has the
meaning given the term in section 7(20)(B) of the Rehabilitation Act of 1973.
(23) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the same meaning given such
term in sections 101(a) and 102(a)(1) of the Higher Education
Act of 1965.
(24) LOCAL EDUCATIONAL AGENCY.—The term ‘‘local educational agency’’ has the same meaning given such term in secMay 19, 2009
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11
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 101
tion 9101 of the Elementary and Secondary Education Act of
1965.
(25) MEDICALLY UNDERSERVED POPULATION.—The term
‘‘medically underserved population’’ has the meaning given
that term in section 330(b)(3) of the Public Health Service Act
(42 U.S.C. 254b(b)(3)).
(26) NATIONAL SERVICE LAWS.—The term ‘‘national service
laws’’ means this Act and the Domestic Volunteer Service Act
of 1973 (42 U.S.C. 4950 et seq.).
(27) NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTION.—
The term ‘‘Native American-serving, nontribal institution’’ has
the meaning given the term in section 319(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059f(b)).
(28) NATIVE HAWAIIAN-SERVING INSTITUTION.—The term
‘‘Native Hawaiian-serving institution’’ has the meaning given
the term in section 317(b) of the Higher Education Act of 1965
(20 U.S.C. 1059d(b)).
(29) 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.
(30) PARTICIPANT.—
(A) IN GENERAL.—The term ‘‘participant’’ means—
(i) for purposes of subtitle C, an individual in an
approved national service position; and
(ii) for purposes of any other provision of this Act,
an individual enrolled in a program that receives assistance under this title.
(B) RULE.—A participant shall not be considered to be
an employee of the organization receiving assistance under
the national service laws through which the participant is
engaging in service.
(31) PARTNERSHIP PROGRAM.—The term ‘‘partnership program’’ means a program through which an adult volunteer, a
public or private nonprofit organization, an institution of higher education, or a business assists a local educational agency.
(32) PREDOMINANTLY BLACK INSTITUTION.—The term ‘‘Predominantly Black Institution’’ has the meaning given the term
in section 318 of the Higher Education Act of 1965 (20 U.S.C.
1059e).
(33) PRINCIPLES OF SCIENTIFIC RESEARCH.—The term ‘‘principles of scientific research’’ means principles of research
that—
(A) apply rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to
the subject matter involved;
(B) present findings and make claims that are appropriate to, and supported by, the methods that have been
employed; and
(C) include, appropriate to the research being conducted—
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Sec. 101
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
12
(i) use of systematic, empirical methods that draw
on observation or experiment;
(ii) use of data analyses that are adequate to support the general findings;
(iii) reliance on measurements or observational
methods that provide reliable and generalizable findings;
(iv) strong claims of causal relationships, only
with research designs that eliminate plausible competing explanations for observed results, such as, but
not limited to, random-assignment experiments;
(v) presentation of studies and methods in sufficient detail and clarity to allow for replication or, at
a minimum, to offer the opportunity to build systematically on the findings of the research;
(vi) acceptance by a peer-reviewed journal or critique by a panel of independent experts through a
comparably rigorous, objective, and scientific review;
and
(vii) consistency of findings across multiple studies
or sites to support the generality of results and conclusions.
(34) PROGRAM.—The term ‘‘program’’, unless the context
otherwise requires, and except when used as part of the term
‘‘academic program’’, means a program described in section
112(a) (other than a program referred to in paragraph (3)(B) of
such section), 118A, or 118(b)(1), or subsection (a), (b), or (c) of
section 122, or in paragraph (1) or (2) of section 152(b), section
198B, 198C, 198G, 198H, or 198K, or an activity that could be
funded under section 179A, 198, 198O, 198P, or 199N.
(35) PROJECT.—The term ‘‘project’’ means an activity, carried out through a program that receives assistance under this
title, that results in a specific identifiable service or improvement that otherwise 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.
(36) QUALIFIED ORGANIZATION.—The term ‘‘qualified organization’’ means a public or private nonprofit organization with
experience working with school-age youth that meets such criteria as the Chief Executive Officer may establish.
(37) SCHOOL-AGE YOUTH.—The term ‘‘school-age youth’’
means—
(A) individuals between the ages of 5 and 17, inclusive; and
(B) children with disabilities, as defined in section
602(3) of the Individuals with Disabilities Education Act
(20 U.S.C. 1401(3)), who receive services under part B of
such Act.
(38) SCIENTIFICALLY VALID RESEARCH.—The term ‘‘scientifically valid research’’ includes applied research, basic research,
and field-initiated research in which the rationale, design, and
interpretation are soundly developed in accordance with principles of scientific research.
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 101
(39) SECONDARY SCHOOL.—The term ‘‘secondary school’’
has the same meaning given such term in section 9101 of the
Elementary and Secondary Education Act of 1965.
(40) SERVICE-LEARNING.—The term ‘‘service-learning’’
means a method—
(A) under which students or participants learn and develop through active participation in thoughtfully organized service that—
(i) is conducted in and meets the needs of a community;
(ii) is coordinated with an elementary school, secondary school, institution of higher education, or community service program, and with the community; and
(iii) helps foster civic responsibility; and
(B) that—
(i) is integrated into and enhances the academic
curriculum of the students, or the educational components of the community service program in which the
participants are enrolled; and
(ii) provides structured time for the students or
participants to reflect on the service experience.
(41) SERVICE-LEARNING COORDINATOR.—The term ‘‘servicelearning coordinator’’ means an individual who provides services as described in subsection (a)(3) or (b) of section 112.
(42) SERVICE SPONSOR.—The term ‘‘service sponsor’’ means
an organization, or other entity, that has been selected to provide a placement for a participant.
(43) STATE.—The term ‘‘State’’ means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
(44) STATE COMMISSION.—The term ‘‘State Commission’’
means a State Commission on National and Community Service maintained by a State pursuant to section 178. Except
when used in section 178, the term includes an alternative administrative entity for a State approved by the Corporation
under such section to act in lieu of a State Commission.
(45) STATE EDUCATIONAL AGENCY.—The term ‘‘State educational agency’’ has the same meaning given such term in section 9101 of the Elementary and Secondary Education Act of
1965.
(46) 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.
(47) TERRITORY.—The term ‘‘territory’’ means the United
States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(48) TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY.—The
term ‘‘tribally controlled college or university’’ has the meaning
given such term in section 2 of the Tribally Controlled Colleges
and Universities Assistance Act of 1978 (25 U.S.C. 1801).
(49) VETERAN.—The term ‘‘veteran’’ has the meaning given
the term in section 101 of title 38, United States Code.
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Sec. 111
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
14
Subtitle B—School-Based and CommunityBased Service-Learning Programs
PART I—PROGRAMS FOR ELEMENTARY AND
SECONDARY SCHOOL STUDENTS
SEC. 111. [42 U.S.C. 12521] PURPOSE.
The purpose of this part is to promote service-learning as a
strategy to—
(1) support high-quality service-learning projects that engage students in meeting community needs with demonstrable
results, while enhancing students’ academic and civic learning;
and
(2) support efforts to build institutional capacity, including
the training of educators, and to strengthen the service infrastructure to expand service opportunities.
SEC. 111A. [42 U.S.C. 12522] DEFINITIONS.
In this part:
(1) STATE.—The term ‘‘State’’ means each of the several
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
(2) STATE EDUCATIONAL AGENCY.—The term ‘‘State educational agency’’ means—
(A) a State educational agency (as defined in section
101) of a State; or
(B) for a State in which a State educational agency described in subparagraph (A) has designated a statewide
entity under section 112(e), that designated statewide entity.
SEC. 112. [42 U.S.C. 12523] ASSISTANCE TO STATES, TERRITORIES, AND
INDIAN TRIBES.
(a) ALLOTMENTS TO STATES, TERRITORIES, AND INDIAN
TRIBES.—The Corporation, in consultation with the Secretary of
Education, may make allotments to State educational agencies, territories, and Indian tribes to pay for the Federal share of—
(1) planning and building the capacity within the State,
territory, or Indian tribe involved to implement service-learning programs that are based principally in elementary schools
and secondary schools, including—
(A) providing training and professional development
for teachers, supervisors, personnel from community-based
entities (particularly with regard to the recruitment, utilization, and management of participants), and trainers, to
be conducted by qualified individuals or organizations that
have experience with service-learning;
(B) developing service-learning curricula, consistent
with State or local academic content standards, to be integrated into academic programs, including curricula for an
age-appropriate learning component that provides participants an opportunity to analyze and apply their service experiences;
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15
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 112
(C) forming local partnerships described in paragraph
(2) or (4)(D) to develop school-based service-learning programs in accordance with this part;
(D) devising appropriate methods for research on and
evaluation of the educational value of service-learning and
the effect of service-learning activities on communities;
(E) establishing effective outreach and dissemination
of information to ensure the broadest possible involvement
of community-based entities with demonstrated effectiveness in working with school-age youth in their communities; and
(F) establishing effective outreach and dissemination
of information to ensure the broadest possible participation
of schools throughout the State, throughout the territory,
or serving the Indian tribe involved with particular attention to schools not making adequate yearly progress for
two or more consecutive years under section 1111 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.);
(2) implementing, operating, or expanding school-based
service-learning programs, which may include paying for the
cost of the recruitment, training, supervision, placement, salaries, and benefits of service-learning coordinators, through distribution by State educational agencies, territories, and Indian
tribes of Federal funds made available under this part to
projects operated by local partnerships among—
(A) local educational agencies; and
(B) 1 or more community partners that—
(i) shall include a public or private nonprofit organization that—
(I) has a demonstrated expertise in the provision of services to meet unmet human, education,
environmental, or public safety needs;
(II) will make projects available for participants, who shall be students; and
(III) was in existence at least 1 year before
the date on which the organization submitted an
application under section 113; and
(ii) may include a private for-profit business, private elementary school or secondary school, or Indian
tribe (except that an Indian tribe distributing funds to
a project under this paragraph is not eligible to be
part of the partnership operating that project);
(3) planning of school-based service-learning programs,
through distribution by State educational agencies, territories,
and Indian tribes of Federal funds made available under this
part to local educational agencies and Indian tribes, which
planning may include paying for the cost of—
(A) the salaries and benefits of service-learning coordinators; or
(B) the recruitment, training and professional development, supervision, and placement of service-learning coordinators who may be participants in a program under subtitle C or receive a national service educational award
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Sec. 112
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
16
under subtitle D, who may be participants in a project
under section 201 of the Domestic Volunteer Service Act of
1973 (42 U.S.C. 5001), or who may participate in a
Youthbuild program under section 173A of the Workforce
Investment Act of 1998 (29 U.S.C. 2918a),
who will identify the community partners described in paragraph (2)(B) and assist in the design and implementation of a
program described in paragraph (2);
(4) implementing, operating, or expanding school-based
service-learning programs to utilize adult volunteers in servicelearning to improve the education of students, through distribution by State educational agencies, territories, and Indian
tribes of Federal funds made available under this part to—
(A) local educational agencies;
(B) Indian tribes (except that an Indian tribe distributing funds under this paragraph is not eligible to be a recipient of those funds);
(C) public or private nonprofit organizations; or
(D) partnerships or combinations of local educational
agencies, and entities described in subparagraph (B) or
(C); and
(5) developing, as service-learning programs, civic engagement programs that promote a better understanding of—
(A) the principles of the Constitution, the heroes of
United States history (including military heroes), and the
meaning of the Pledge of Allegiance;
(B) how the Nation’s government functions; and
(C) the importance of service in the Nation’s character.
(b) DUTIES OF SERVICE-LEARNING COORDINATOR.—A servicelearning coordinator referred to in paragraph (2) or (3) of subsection (a) shall provide services to a local partnership described in
subsection (a)(2) or entity described in subsection (a)(3), respectively, that may include—
(1) providing technical assistance and information to, and
facilitating the training of, teachers and assisting in the planning, development, execution, and evaluation of service-learning in their classrooms;
(2) assisting local partnerships described in subsection
(a)(2) in the planning, development, and execution of servicelearning projects, including summer of service programs;
(3) assisting schools and local educational agencies in developing school policies and practices that support the integration of service-learning into the curriculum; and
(4) carrying out such other duties as the local partnership
or entity, respectively, may determine to be appropriate.
(c) RELATED EXPENSES.—An entity that receives financial assistance under this part from a State, territory, or Indian tribe
may, in carrying out the activities described in subsection (a), use
such assistance to pay for the Federal share of reasonable costs related to the supervision of participants, program administration,
transportation, insurance, and evaluations and for other reasonable
expenses related to the activities.
(d) SPECIAL RULE.—A State educational agency described in
section 111A(2)(A) may designate a statewide entity (which may be
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17
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 112A
a community-based entity) with demonstrated experience in supporting or implementing service-learning programs, to receive the
State educational agency’s allotment under this part, and carry out
the functions of the agency under this part.
(e) CONSULTATION WITH SECRETARY OF EDUCATION.—The Corporation is authorized to enter into agreements with the Secretary
of Education for initiatives (and may use funds authorized under
section 501(a)(6) to enter into the agreements if the additional costs
of the initiatives are warranted) that may include—
(1) identification and dissemination of research findings on
service-learning and scientifically valid research based practices for service-learning; and
(2) provision of professional development opportunities
that—
(A) improve the quality of service-learning instruction
and delivery for teachers both preservice and in-service,
personnel from community-based entities and youth workers; and
(B) create and sustain effective partnerships for service-learning programs between local educational agencies,
community-based entities, businesses, and other stakeholders.
SEC. 112A. [42 U.S.C. 12524] ALLOTMENTS.
(a) INDIAN TRIBES AND TERRITORIES.—Of
the amounts appropriated to carry out this part for any fiscal year, the Corporation
shall reserve an amount of not less than 2 percent and not more
than 3 percent for payments to Indian tribes, the United States
Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands, to be allotted in accordance with
their respective needs.
(b) ALLOTMENTS THROUGH STATES.—
(1) IN GENERAL.—After reserving an amount under subsection (a), the Corporation shall use the remainder of the
funds appropriated to carry out this part for the fiscal year as
follows:
(A) ALLOTMENTS BASED ON SCHOOL-AGE YOUTH.—From
50 percent of such remainder, the Corporation shall allot
to each State an amount that bears the same ratio to 50
percent of such remainder as the number of school-age
youth in the State bears to the total number of school-age
youth in all States.
(B) ALLOTMENTS BASED ON ALLOCATIONS UNDER ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—From
50 percent of such remainder, the Corporation shall allot
to each State an amount that bears the same ratio to 50
percent of such remainder as the allocation to the State for
the previous fiscal year under title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)
bears to the total of such allocations to all States.
(2) MINIMUM AMOUNT.—For any fiscal year for which
amounts appropriated for this subtitle exceed $50,000,000, the
minimum allotment to each State under paragraph (1) shall be
$75,000.
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Sec. 113
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
18
(c) REALLOTMENT.—If the Corporation determines that the allotment of a State, territory, or Indian tribe under this section will
not be required for a fiscal year because the State, territory, or Indian tribe did not submit and receive approval of an application for
the allotment under section 113, the Corporation shall make the allotment for such State, territory, or Indian tribe available for
grants to community-based entities to carry out service-learning
programs as described in section 112(b) in such State, in such territory, or for such Indian tribe. After community-based entities apply
for grants from the allotment, by submitting an application at such
time and in such manner as the Corporation requires, and receive
approval, the remainder of such allotment shall be available for reallotment to such other States, territories, or Indian tribes with approved applications submitted under section 113 as the Corporation
may determine to be appropriate.
SEC. 113. [42 U.S.C. 12525] APPLICATIONS.
(a) APPLICATIONS TO CORPORATION FOR ALLOTMENTS.—
(1) IN GENERAL.—To be eligible to receive an allotment
under section 112A, a State, acting through the State educational agency, territory, or Indian tribe shall prepare and
submit to the Corporation an application at such time and in
such manner as the Chief Executive Officer may reasonably require, and obtain approval of the application.
(2) CONTENTS.—An application for an allotment under section 112 shall include—
(A) a proposal for a 3-year plan promoting servicelearning, which shall contain such information as the
Chief Executive Officer may reasonably require, including
how the applicant will integrate service opportunities into
the academic program of the participants;
(B) information about the criteria the State educational agency, territory, or Indian tribe will use to evaluate and grant approval to applications submitted under
subsection (b), including an assurance that the State educational agency, territory, or Indian tribe will comply with
the requirement in section 114(a);
(C) assurances about the applicant’s efforts to—
(i) ensure that students of different ages, races,
sexes, ethnic groups, disabilities, and economic backgrounds have opportunities to serve together;
(ii) include any opportunities for students, enrolled in schools or programs of education providing elementary or secondary education, to participate in
service-learning programs and ensure that such service-learning programs include opportunities for such
students to serve together;
(iii) involve participants in the design and operation of the programs;
(iv) promote service-learning in areas of greatest
need, including low-income or rural areas; and
(v) otherwise integrate service opportunities into
the academic program of the participants; and
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19
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 114
(D) assurances that the applicant will comply with the
nonduplication and nondisplacement requirements of section 177 and the notice, hearing, and grievance procedures
required by section 176.
(b) APPLICATION TO STATE, TERRITORY, OR INDIAN TRIBE FOR
ASSISTANCE TO CARRY OUT SCHOOL-BASED SERVICE-LEARNING PROGRAMS.—
(1) IN GENERAL.—Any—
(A) qualified organization, Indian tribe, territory, local
educational agency, for-profit business, private elementary
school or secondary school, or institution of higher education that desires to receive financial assistance under
this subpart from a State, territory, or Indian tribe for an
activity described in section 112(a)(1);
(B) partnership described in section 112(a)(2) that desires to receive such assistance from a State, territory, or
Indian tribe for an activity described in section 112(a)(2);
(C) entity described in section 112(a)(3) that desires to
receive such assistance from a State, territory, or Indian
tribe for an activity described in such section;
(D) entity or partnership described in section 112(a)(4)
that desires to receive such assistance from a State, territory, or Indian tribe for an activity described in such section; and
(E) entity that desires to receive such assistance from
a State, territory, or Indian tribe for an activity described
in section 111(a)(5),
shall prepare, submit to the State educational agency for the
State, territory, or Indian tribe, and obtain approval of, an application for the program.
(2) SUBMISSION.—Such application shall be submitted at
such time and in such manner, and shall contain such information, as the agency, territory, or Indian tribe may reasonably
require.
SEC. 114. [42 U.S.C. 12526] CONSIDERATION OF APPLICATIONS.
(a) CRITERIA FOR LOCAL APPLICATIONS.—In providing
assistance under this part, a State educational agency, territory, or Indian tribe (or the Corporation if section 112A(c) applies) shall consider criteria with respect to sustainability, replicability, innovation, and quality of programs.
(b) PRIORITY FOR LOCAL APPLICATIONS.—In providing assistance under this part, a State educational agency, territory, or Indian tribe (or the Corporation if section 112A(c) applies) shall give
priority to entities that submit applications under section 113 with
respect to service-learning programs described in section 111 that
are in the greatest need of assistance, such as programs targeting
low-income areas or serving economically disadvantaged youth.
(c) REJECTION OF APPLICATIONS TO CORPORATION.—If the Corporation rejects an application submitted by a State, territory, or
Indian tribe under section 113 for an allotment, the Corporation
shall promptly notify the State, territory, or Indian tribe of the reasons for the rejection of the application. The Corporation shall provide the State, territory, or Indian tribe with a reasonable opporMay 19, 2009
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Sec. 115
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
20
tunity to revise and resubmit the application and shall provide
technical assistance, if needed, to the State, territory, or Indian
tribe as part of the resubmission process. The Corporation shall
promptly reconsider such resubmitted application.
SEC. 115. [42 U.S.C. 12527] PARTICIPATION OF STUDENTS AND TEACHERS FROM PRIVATE SCHOOLS.
(a) IN GENERAL.—To the extent consistent with the number of
students in the State, in the territory, or served by the Indian tribe
or in the school district of the local educational agency involved
who are enrolled in private nonprofit elementary schools and secondary schools, such State, territory, or Indian tribe, or agency
shall (after consultation with appropriate private school representatives) make provision—
(1) for the inclusion of services and arrangements for the
benefit of such students so as to allow for the equitable participation of such students in the programs implemented to carry
out the objectives and provide the benefits described in this
part; and
(2) for the training of the teachers of such students so as
to allow for the equitable participation of such teachers in the
programs implemented to carry out the objectives and provide
the benefits described in this part.
(b) WAIVER.—If a State, territory, Indian tribe, or local educational agency is prohibited by law from providing for the participation of students or teachers from private nonprofit schools as required by subsection (a), or if the Corporation determines that a
State, territory, Indian tribe, or local educational agency substantially fails or is unwilling to provide for such participation on an
equitable basis, the Chief Executive Officer shall waive such requirements and shall arrange for the provision of services to such
students and teachers.
SEC. 116. [42 U.S.C. 12528] FEDERAL, STATE, AND LOCAL CONTRIBUTIONS.
(a) CORPORATION SHARE.—
(1) IN GENERAL.—The Corporation share of the cost of car-
rying out a program for which a grant is made from an allotment under this part—
(A) for new grants may not exceed 80 percent of the
total cost of the program for the first year of the grant period, 65 percent for the second year, and 50 percent for
each remaining year; and
(B) for continuing grants, may not exceed 50 percent
of the total cost of the program.
(2) NONCORPORATION CONTRIBUTION.—In providing for the
remaining share of the cost of carrying out such a program,
each recipient of such a grant under this part—
(A) shall provide for such share through a payment in
cash or in kind, fairly evaluated, including facilities, equipment, or services;
(B) except as provided in subparagraph (C), may provide for such share through Federal, State, or local
sources, including private funds or donated services; and
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21
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 118
(C) may not provide for such share through Federal
funds made available under title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.)
or the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.).
(b) WAIVER.—The Chief Executive Officer may waive the requirements of subsection (a) in whole or in part with respect to any
such program for any fiscal year, on a determination that such a
waiver would be equitable due to a lack of resources at the local
level.
SEC. 117. [42 U.S.C. 12529] LIMITATIONS ON USES OF FUNDS.
Not more than 6 percent of the amount of assistance received
by a State, territory, or Indian tribe that is the original recipient
of an allotment under this part for a fiscal year may be used to
pay, in accordance with such standards as the Corporation may
issue, for administrative costs, incurred by that recipient.
PART II—HIGHER EDUCATION INNOVATIVE
PROGRAMS FOR COMMUNITY SERVICE
SEC. 118. [42 U.S.C. 12561] HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY SERVICE.
(a) PURPOSE.—It is the purpose of this part to expand partici-
pation in community service by supporting innovative community
service programs through service-learning carried out through institutions of higher education, acting as civic institutions to meet
the human, educational, environmental, or public safety needs of
neighboring communities.
(b) GENERAL AUTHORITY.—The Corporation, in consultation
with the Secretary of Education, is authorized to make grants to,
and enter into contracts with, institutions of higher education (including a consortium of such institutions), and partnerships comprised of such institutions and of other public or private nonprofit
organizations, to pay for the Federal share of the cost of—
(1) enabling such an institution or partnership to create or
expand an organized community service program that—
(A) engenders a sense of social responsibility and commitment to the community in which the institution is located;
(B) provides projects for participants, who shall be students, faculty, administration, or staff of the institution, or
residents of the community; and
(C) the institution or partnership may coordinate with
service-learning curricula being offered in the academic
curricula at the institution of higher education or at 1 or
more members of the partnership;
(2) supporting student-initiated and student-designed community service projects through the program;
(3) strengthening the leadership and instructional capacity
of institutions of higher education and their faculty, with respect to service-learning, by—
(A) including service-learning as a key component of
the preservice teacher curricula of the institution to
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Sec. 118
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
22
strengthen the instructional capacity of teachers to provide
service-learning at the elementary and secondary levels;
(B) including service-learning as a component of other
curricula or academic programs (other than education curricula or programs), such as curricula or programs relating
to nursing, medicine, criminal justice, or public policy; and
(C) encouraging the faculty of the institution to use
service-learning methods throughout their curriculum;
(4) facilitating the integration of community service carried
out under the program into academic curricula, including integration of clinical programs into the curriculum for students in
professional schools, so that students can obtain credit for their
community service projects;
(5) supplementing the funds available to carry out workstudy programs under part C of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq.) to support servicelearning and community service through the community service program;
(6) strengthening the service infrastructure within institutions of higher education in the United States through the program; and
(7) providing for the training of teachers, prospective
teachers, related education personnel, and community leaders
in the skills necessary to develop, supervise, and organize service-learning.
(c) FEDERAL, STATE, AND LOCAL CONTRIBUTIONS.—
(1) FEDERAL SHARE.—
(A) IN GENERAL.—The Federal share of the cost of carrying out a program for which assistance is provided under
this part may not exceed 50 percent of the total cost of the
program.
(B) NON-FEDERAL CONTRIBUTION.—In providing for the
remaining share of the cost of carrying out such a program, each recipient of a grant or contract under this
part—
(i) shall provide for such share through a payment
in cash or in kind, fairly evaluated, including facilities,
equipment, or services; and
(ii) may provide for such share through State
sources or local sources, including private funds or donated services.
(2) WAIVER.—The Chief Executive Officer may waive the
requirements of paragraph (1) in whole or in part with respect
to any such program for any fiscal year if the Corporation determines that such a waiver would be equitable due to a lack
of available financial resources at the local level.
(d) APPLICATION FOR GRANT.—
(1) SUBMISSION.—To receive a grant or enter into a contract under this part, an institution or partnership shall prepare and submit to the Corporation, an application at such
time, in such manner, and containing such information and assurances as the Corporation may reasonably require, and obtain approval of the application. In requesting applications for
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23
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 118
assistance under this part, the Corporation shall specify such
required information and assurances.
(2) CONTENTS.—An application submitted under paragraph
(1) shall contain, at a minimum—
(A) assurances that—
(i) prior to the placement of a participant, the applicant will consult with the appropriate local labor organization, if any, representing employees in the area
who are engaged in the same or similar work as that
proposed to be carried out by such program, to prevent
the displacement and protect the rights of such employees; and
(ii) the applicant will comply with the nonduplication and nondisplacement provisions of section 177
and the notice, hearing, and grievance procedures required by section 176; and
(B) such other assurances as the Chief Executive Officer may reasonably require.
(e) SPECIAL CONSIDERATION.—To the extent practicable, in
making grants and entering into contracts under subsection (b), the
Corporation shall give special consideration to applications submitted by, or applications from partnerships including, institutions
serving primarily low-income populations, including—
(1) Alaska Native-serving institutions;
(2) Asian American and Native American Pacific Islanderserving institutions;
(3) Hispanic-serving institutions;
(4) historically black colleges and universities;
(5) Native American-serving, nontribal institutions;
(6) Native Hawaiian-serving institutions;
(7) Predominantly Black Institutions;
(8) tribally controlled colleges and universities; and
(9) community colleges serving predominantly minority
populations.
(f) CONSIDERATIONS.—In making grants and entering into contracts under subsection (b), the Corporation shall take into consideration whether the applicants submit applications containing proposals that—
(1) demonstrate the commitment of the institution of higher education involved, other than by demonstrating the commitment of the students, to supporting the community service
projects carried out under the program;
(2) specify the manner in which the institution will promote faculty, administration, and staff participation in the
community service projects;
(3) specify the manner in which the institution will provide
service to the community through organized programs, including, where appropriate, clinical programs for students in professional schools and colleges;
(4) describe any partnership that will participate in the
community service projects, such as a partnership comprised
of—
(A) the institution;
(B)(i) a community-based agency;
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Sec. 118A
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
24
(ii) a local government agency; or
(iii) a nonprofit entity that serves or involves schoolage youth, older adults, or low-income communities; and
(C)(i) a student organization;
(ii) a department of the institution; or
(iii) a group of faculty comprised of different departments, schools, or colleges at the institution;
(5) demonstrate community involvement in the development of the proposal and the extent to which the proposal will
contribute to the goals of the involved community members;
(6) demonstrate a commitment to perform community service projects in underserved urban and rural communities;
(7) describe research on effective strategies and methods to
improve service utilized in the design of the projects;
(8) specify that the institution or partnership will use the
assistance provided through the grant or contract to strengthen the service infrastructure in institutions of higher education;
(9) with respect to projects involving delivery of services,
specify projects that involve leadership development of schoolage youth; or
(10) describe the needs that the proposed projects are designed to address, such as housing, economic development, infrastructure, health care, job training, education, crime prevention, urban planning, transportation, information technology,
or child welfare.
(g) FEDERAL WORK-STUDY.—To be eligible for assistance under
this part, an institution of higher education shall demonstrate that
it meets the minimum requirements under section 443(b)(2)(A) of
the Higher Education Act of 1965 (42 U.S.C. 2753(b)(2)(A)) relating
to the participation of students employed under part C of title IV
of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq.) (relating to Federal Work-Study programs) in community service activities, or has received a waiver of those requirements from the Secretary of Education.
(h) DEFINITION.—Notwithstanding section 101, as used in this
part, the term ‘‘student’’ means an individual who is enrolled in an
institution of higher education on a full- or part-time basis.
(i) NATIONAL SERVICE EDUCATIONAL AWARD.—A participant in
a program funded under this part shall be eligible for the national
service educational award described in subtitle D, if the participant
served in an approved national service position.
SEC. 118A. [42 U.S.C. 12561a] CAMPUSES OF SERVICE.
(a) IN GENERAL.—The Corporation, after consultation
with the
Secretary of Education, may annually designate not more than 25
institutions of higher education as Campuses of Service, from
among institutions nominated by State Commissions.
(b) APPLICATIONS FOR NOMINATION.—
(1) IN GENERAL.—To be eligible for a nomination to receive
designation under subsection (a), and have an opportunity to
apply for funds under subsection (d) for a fiscal year, an institution of higher education in a State shall submit an application to the State Commission at such time, in such manner,
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25
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 118A
and containing such information as the State Commission may
require.
(2) CONTENTS.—At a minimum, the application shall include information specifying—
(A)(i) the number of undergraduate and, if applicable,
graduate service-learning courses offered at such institution for the most recent full academic year preceding the
fiscal year for which designation is sought; and
(ii) the number and percentage of undergraduate students and, if applicable, the number and percentage of
graduate students at such institution who were enrolled in
the corresponding courses described in clause (i), for such
preceding academic year;
(B) the percentage of undergraduate students engaging in and, if applicable, the percentage of graduate students engaging in activities providing community services,
as defined in section 441(c) of the Higher Education Act of
1965 (42 U.S.C. 2751(c)), during such preceding academic
year, the quality of such activities, and the average
amount of time spent, per student, engaged in such activities;
(C) for such preceding academic year, the percentage
of Federal work-study funds made available to the institution under part C of title IV of the Higher Education Act
of 1965 (42 U.S.C. 2751 et seq.) that is used to compensate
students employed in providing community services, as so
defined, and a description of the efforts the institution undertakes to make available to students opportunities to
provide such community services and be compensated
through such work-study funds;
(D) at the discretion of the institution, information
demonstrating the degree to which recent graduates of the
institution, and all graduates of the institution, have obtained full-time public service employment in the nonprofit
sector or government, with a private nonprofit organization or a Federal, State, or local public agency; and
(E) any programs the institution has in place to encourage or assist graduates of the institution to pursue careers in public service in the nonprofit sector or government.
(c) NOMINATIONS AND DESIGNATION.—
(1) NOMINATION.—
(A) IN GENERAL.—A State Commission that receives
applications from institutions of higher education under
subsection (b) may nominate, for designation under subsection (a), not more than 3 such institutions of higher
education, consisting of—
(i) not more than one 4-year public institution of
higher education;
(ii) not more than one 4-year private institution of
higher education; and
(iii) not more than one 2-year institution of higher
education.
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(B) SUBMISSION.—The State Commission shall submit
to the Corporation the name and application of each institution nominated by the State Commission under subparagraph (A).
(2) DESIGNATION.—The Corporation shall designate, under
subsection (a), not more than 25 institutions of higher education from among the institutions nominated under paragraph
(1). In making the designations, the Corporation shall, if feasible, designate various types of institutions, including institutions from each of the categories of institutions described in
clauses (i), (ii), and (iii) of paragraph (1)(A).
(d) AWARDS.—
(1) IN GENERAL.—Using sums reserved under section
501(a)(1)(C) for Campuses of Service, the Corporation shall
provide an award of funds to institutions designated under
subsection (c), to be used by the institutions to develop or disseminate service-learning models and information on best practices regarding service-learning to other institutions of higher
education.
(2) PLAN.—To be eligible to receive funds under this subsection, an institution designated under subsection (c) shall
submit a plan to the Corporation describing how the institution
intends to use the funds to develop or disseminate servicelearning models and information on best practices regarding
service-learning to other institutions of higher education.
(3) ALLOCATION.—The Corporation shall determine how
the funds reserved under section 501(a)(1)(C) for Campuses of
Service for a fiscal year will be allocated among the institutions submitting acceptable plans under paragraph (2). In determining the amount of funds to be allocated to such an institution, the Corporation shall consider the number of students
at the institution, the quality and scope of the plan submitted
by the institution under paragraph (2), and the institution’s
current (as of the date of submission of the plan) strategies to
encourage or assist students to pursue public service careers in
the nonprofit sector or government.
PART III—INNOVATIVE AND COMMUNITYBASED SERVICE–LEARNING PROGRAMS AND
RESEARCH
SEC. 119. [42 U.S.C. 12563] INNOVATIVE AND COMMUNITY-BASED SERVICE-LEARNING PROGRAMS AND RESEARCH.
(a) DEFINITIONS.—In this part:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a
State educational agency, a State Commission, a territory, an
Indian tribe, an institution of higher education, or a public or
private nonprofit organization (including community-based entities), a public or private elementary school or secondary
school, a local educational agency, a consortium of such entities, or a consortium of 2 or more such entities and a for-profit
organization.
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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(2) ELIGIBLE PARTNERSHIP.—The term ‘‘eligible partnership’’ means a partnership that—
(A) shall include—
(i) 1 or more community-based entities that have
demonstrated records of success in carrying out service-learning programs with economically disadvantaged students, and that meet such criteria as the
Chief Executive Officer may establish; and
(ii) a local educational agency for which—
(I) a high number or percentage, as determined by the Corporation, of the students served
by the agency are economically disadvantaged students; and
(II) the graduation rate (as defined in section
1111(b)(2)(C)(vi) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi))
and as clarified in applicable regulations promulgated by the Department of Education for the secondary school students served by the agency is
less than 70 percent; and
(B) may also include—
(i) a local government agency that is not described
in subparagraph (A);
(ii) the office of the chief executive officer of a unit
of general local government;
(iii) an institution of higher education;
(iv) a State Commission or State educational
agency; or
(v) more than 1 local educational agency described
in subclause (I).
(3) YOUTH ENGAGEMENT ZONE.—The term ‘‘youth engagement zone’’ means the area in which a youth engagement zone
program is carried out.
(4) YOUTH ENGAGEMENT ZONE PROGRAM.—The term ‘‘youth
engagement zone program’’ means a service-learning program
in which members of an eligible partnership collaborate to provide coordinated school-based or community-based servicelearning opportunities—
(A) in order to address a specific community challenge;
(B) for an increasing percentage of out-of-school youth
and secondary school students served by a local educational agency; and
(C) in circumstances under which—
(i) not less than 90 percent of such students participate in service-learning activities as part of the
program; or
(ii) service-learning is a part of the curriculum in
all of the secondary schools served by the local educational agency.
(b) GENERAL AUTHORITY.—From the amounts appropriated to
carry out this part for a fiscal year, the Corporation may make
grants (which may include approved summer of service positions in
the case of a grant for a program described in subsection (c)(8)) and
fixed-amount grants (in accordance with section 129(l)) to eligible
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Sec. 119
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
28
entities or eligible partnerships, as appropriate, for programs and
activities described in subsection (c).
(c) AUTHORIZED ACTIVITIES.—Funds under this part may be
used to—
(1) integrate service-learning programs into the science,
technology, engineering, and mathematics (referred to in this
part as ‘‘STEM’’) curricula at the elementary, secondary, postsecondary, or postbaccalaureate levels in coordination with
practicing or retired STEM professionals;
(2) involve students in service-learning programs focusing
on energy conservation in their community, including conducting educational outreach on energy conservation and working to improve energy efficiency in low-income housing and in
public spaces;
(3) involve students in service-learning programs in emergency and disaster preparedness;
(4) involve students in service-learning programs aimed at
improving access to and obtaining the benefits from computers
and other emerging technologies, including improving such access for individuals with disabilities, in low-income or rural
communities, in senior centers and communities, in schools, in
libraries, and in other public spaces;
(5) involve high school age youth in the mentoring of middle school youth while involving all participants in servicelearning to seek to meet unmet human, educational, environmental, public safety, or emergency and disaster preparedness
needs in their community;
(6) conduct research and evaluations on service-learning,
including service-learning in middle schools, and disseminate
such research and evaluations widely;
(7) conduct innovative and creative activities as described
in section 112(a);
(8) establish or implement summer of service programs
(giving priority to programs that enroll youth who will be enrolled in any of grades 6 through 9 at the end of the summer
concerned) during the summer months (including recruiting,
training, and placing service-learning coordinators)—
(A) for youth who will be enrolled in any of grades 6
through 12 at the end of the summer concerned; and
(B) for community-based service-learning projects—
(i) that shall—
(I) meet unmet human, educational, environmental (including energy conservation and stewardship), and emergency and disaster preparedness and other public safety needs; and
(II) be intensive, structured, supervised, and
designed to produce identifiable improvements to
the community;
(ii) that may include the extension of academic
year service-learning programs into the summer
months; and
(iii) under which a student who completes 100
hours of service as described in section 146(b)(2), shall
be eligible for a summer of service educational award
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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of $500 or $750 as described in sections 146(a)(2)(C)
and 147(d);
(9) establish or implement youth engagement zone programs in youth engagement zones, for students in secondary
schools served by local educational agencies for which a majority of such students do not participate in service-learning activities that are—
(A) carried out by eligible partnerships; and
(B) designed to—
(i) involve all students in secondary schools served
by the local educational agency in service-learning to
address a specific community challenge;
(ii) improve student engagement, including student attendance and student behavior, and student
achievement, graduation rates, and college-going rates
at secondary schools; and
(iii) involve an increasing percentage of students
in secondary school and out-of-school youth in the
community in school-based or community-based service-learning activities each year, with the goal of involving all students in secondary schools served by the
local educational agency and involving an increasing
percentage of the out-of-school youth in service-learning activities; and
(10) conduct semester of service programs that—
(A) provide opportunities for secondary school students
to participate in a semester of coordinated school-based or
community-based service-learning opportunities for a minimum of 70 hours (of which at least a third will be spent
participating in field-based activities) over a semester, to
address specific community challenges;
(B) engage as participants high percentages or numbers of economically disadvantaged students;
(C) allow participants to receive academic credit, for
the time spent in the classroom and in the field for the
program, that is equivalent to the academic credit for any
class of equivalent length and with an equivalent time
commitment; and
(D) ensure that the classroom-based instruction component of the program is integrated into the academic program of the local educational agency involved; and
(11) carry out any other innovative service-learning programs or research that the Corporation considers appropriate.
(d) APPLICATIONS.—To be eligible to receive a grant to carry
out a program or activity under this part, an entity or partnership,
as appropriate, shall prepare and submit to the Corporation an application at such time and in such manner as the Chief Executive
Officer may reasonably require, and obtain approval of the application.
(e) PRIORITY.—In making grants under this part, the Corporation shall give priority to applicants proposing to—
(1) involve students and community stakeholders in the
design and implementation of service-learning programs carried out using funds received under this part;
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Sec. 120
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
30
(2) implement service-learning programs in low-income or
rural communities; and
(3) utilize adult volunteers, including tapping the resources of retired and retiring adults, in the planning and implementation of service-learning programs.
(f) REQUIREMENTS.—
(1) TERM.—Each program or activity funded under this
part shall be carried out over a period of 3 years, which may
include 1 planning year. In the case of a program funded under
this part, the 3-year period may be extended by 1 year, if the
program meets performance levels established in accordance
with section 179(k) and any other criteria determined by the
Corporation.
(2) COLLABORATION ENCOURAGED.—Each entity carrying
out a program or activity funded under this part shall, to the
extent practicable, collaborate with entities carrying out programs under this subtitle, subtitle C, and titles I and II of the
Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.,
5001 et seq.).
(3) EVALUATION.—Not later than 4 years after the effective
date of the Serve America Act, the Corporation shall conduct
an independent evaluation of the programs and activities carried out using funds made available under this part, and determine best practices relating to service-learning and recommendations for improvement of those programs and activities. The Corporation shall widely disseminate the results of
the evaluations, and information on the best practices and recommendations to the service community through multiple
channels, including the Corporation’s Resource Center or a
clearinghouse of effective strategies.
PART IV—SERVICE-LEARNING IMPACT STUDY
SEC. 120. [42 U.S.C. 12565] STUDY AND REPORT.
(a) STUDY.—
(1) IN GENERAL.—From the sums reserved
under section
501(a)(1)(B) for this section, the Corporation shall enter into a
contract with an entity that is not otherwise a recipient of financial assistance under this subtitle, to conduct a 10-year longitudinal study on the impact of the activities carried out
under this subtitle.
(2) CONTENTS.—In conducting the study, the entity shall
consider the impact of service-learning activities carried out
under this subtitle on students participating in such activities,
including in particular examining the degree to which the activities—
(A) improved student academic achievement;
(B) improved student engagement;
(C) improved graduation rates, as defined in section
1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and as
clarified in applicable regulations promulgated by the Department of Education; and
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31
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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(D) improved the degree to which the participants in
the activities engaged in subsequent national service, volunteering, or other service activities, or pursued careers in
public service, in the nonprofit sector or government.
(3) ANALYSIS.—In carrying out such study, the entity shall
examine the impact of the service-learning activities on the 4
factors described in subparagraphs (A) through (D) of paragraph (2), analyzed in terms of how much time participants
were engaged in service-learning activities.
(4) BEST PRACTICES.—The entity shall collect information
on best practices concerning using service-learning activities to
improve the 4 factors.
(b) INTERIM REPORTS.—The entity shall periodically submit reports to the Corporation containing the interim results of the study
and the information on best practices. The Corporation shall submit such reports to the authorizing committees.
(c) FINAL REPORT.—The entity shall submit a report to the
Corporation containing the results of the study and the information
on best practices. The Corporation shall submit such report to the
authorizing committees, and shall make such report available to
the public on the Corporation’s website.
(d) CONSULTATION AND DISSEMINATION.—On receiving the report described in subsection (c), the Corporation shall consult with
the Secretary of Education to review the results of the study, and
to identify best practices concerning using service-learning activities to improve the 4 factors described in subparagraphs (A)
through (D) of subsection (a)(2). The Corporation shall disseminate
information on the identified best practices.
Subtitle C—National Service Trust
Program
PART I—INVESTMENT IN NATIONAL SERVICE
SEC. 121. [42 U.S.C. 12571] AUTHORITY TO PROVIDE ASSISTANCE AND
APPROVED NATIONAL SERVICE POSITIONS.
(a) PROVISION OF ASSISTANCE.—Subject to the availability of
appropriations for this purpose, the Corporation for National and
Community Service may make grants to States, subdivisions of
States, territories, Indian tribes, public or private nonprofit organizations, and institutions of higher education for the purpose of assisting the recipients of the grants—
(1) to carry out full- or part-time national service programs, including summer programs, described in subsection
(a), (b), or (c) of section 122; and
(2) to make grants in support of other national service programs described in subsection (a), (b), or (c) of section 122 that
are carried out by other entities.
(b) RESTRICTIONS ON AGREEMENTS WITH FEDERAL AGENCIES.—
(1) AGREEMENTS AUTHORIZED.—The Corporation may enter
into an interagency agreement (other than a grant agreement)
with another Federal agency to support a national service program carried out or otherwise supported by the agency. The
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Sec. 121
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
32
Corporation, in entering into the interagency agreement may
approve positions as approved national service positions for a
program carried out or otherwise supported by the agency.
(2) PROHIBITION ON GRANTS.—The Corporation may not
provide a grant under this section to a Federal agency.
(3) CONSULTATION WITH STATE COMMISSIONS.—A Federal
agency carrying out or supporting a national service program
shall consult with the State Commissions for those States in
which projects will be conducted through that program in order
to ensure that the projects do not duplicate projects conducted
by State or local national service programs.
(4) SUPPORT FOR OTHER NATIONAL SERVICE PROGRAMS.—A
Federal agency that enters into an interagency agreement
under paragraph (1) shall, in an appropriate case, enter into
a contract or cooperative agreement with an entity that is carrying out a national service program in a State that is in existence in the State as of the date of the contract or cooperative
agreement and is of high quality, in order to support the national service program.
(5) APPLICATION OF REQUIREMENTS.—A requirement under
this Act that applies to an entity receiving assistance under
section 121 (other than a requirement limited to an entity receiving assistance under section 121(a)) shall be considered to
apply to a Federal agency that enters into an interagency
agreement under this subsection, even though no Federal
agency may receive financial assistance under such an agreement.
(c) PROVISION OF APPROVED NATIONAL SERVICE POSITIONS.—As
part of the provision of assistance under subsection (a), and in providing approved national service positions under subsection (b), the
Corporation shall—
(1) approve the provision of national service educational
awards described in subtitle D for the participants who serve
in national service programs carried out using such assistance;
and
(2) deposit in the National Service Trust established in
section 145(a) an amount equal to the product of—
(A) the value of a national service educational award
under section 147; and
(B) the total number of approved national service positions to be provided or otherwise approved.
(d) FIVE PERCENT LIMITATION ON ADMINISTRATIVE COSTS.—
(1) LIMITATION.—Not more than 5 percent of the amount
of assistance provided to the original recipient of a grant or
transfer of assistance under subsection (a) for a fiscal year may
be used to pay for administrative costs incurred by—
(A) the recipient of the assistance; and
(B) national service programs carried out or supported
with the assistance.
(2) RULES ON USE.—The Corporation may by rule prescribe
the manner and extent to which—
(A) assistance provided under subsection (a) may be
used to cover administrative costs; and
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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(B) that portion of the assistance available to cover administrative costs should be distributed between—
(i) the original recipient of the grant or transfer of
assistance under such subsection; and
(ii) national service programs carried out or supported with the assistance.
(e) MATCHING FUNDS REQUIREMENTS.—
(1) REQUIREMENTS.—Except as provided in section 140, the
Corporation share of the cost (including the costs of member
living allowances, employment-related taxes, health care coverage, and workers’ compensation and other necessary operation costs) of carrying out a national service program that receives the assistance under subsection (a), whether the assistance is provided directly or as a subgrant from the original recipient of the assistance, may not exceed 75 percent of such
cost.
(2) CALCULATION.—In providing for the remaining share of
the cost of carrying out a national service program, the program—
(A) shall provide for such share through a payment in
cash or in kind, fairly evaluated, including facilities, equipment, or services; and
(B) may provide for such share through State sources,
local sources, or other Federal sources (other than the use
of funds made available under the national service laws).
(3) COST OF HEALTH CARE.—In providing a payment in
cash under paragraph (2)(A) as part of providing for the remaining share of the cost of carrying out a national service
program, the program may count not more than 85 percent of
the cost of providing a health care policy described in section
140(d)(2) toward such share.
(4) WAIVER.—The Corporation may waive in whole or in
part the requirements of paragraph (1) with respect to a national service program in any fiscal year if the Corporation determines that such a waiver would be equitable due to a lack
of available financial resources at the local level.
(5) OTHER FEDERAL FUNDS.—
(A) RECIPIENT REPORT.—A recipient of assistance
under this section (other than a recipient of assistance
through a fixed-amount grant in accordance with section
129(l)) shall report to the Corporation the amount and
source of any Federal funds used to carry out the program
for which the assistance is made available other than
those provided by the Corporation.
(B) CORPORATION REPORT.—The Corporation shall report to the authorizing committees on an annual basis information regarding each recipient of such assistance that
uses Federal funds other than those provided by the Corporation to carry out such a program, including the
amounts and sources of the other Federal funds.
(f) PLAN FOR APPROVED NATIONAL SERVICE POSITIONS.—The
Corporation shall—
(1) develop a plan to—
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Sec. 122
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
34
(A) establish the number of the approved national
service positions as 88,000 for fiscal year 2010;
(B) increase the number of the approved positions to—
(i) 115,000 for fiscal year 2011;
(ii) 140,000 for fiscal year 2012;
(iii) 170,000 for fiscal year 2013;
(iv) 200,000 for fiscal year 2014;
(v) 210,000 for fiscal year 2015;
(vi) 235,000 for fiscal year 2016; and
(vii) 250,000 for fiscal year 2017;
(C) ensure that the increases described in subparagraph (B) are achieved through an appropriate balance of
full- and part-time service positions;
(2) not later than 1 year after the date of enactment of the
Serve America Act, submit a report to the authorizing committees on the status of the plan described in paragraph (1); and
(3) subject to the availability of appropriations and quality
service opportunities, implement the plan described in paragraph (1).
SEC. 122. [42 U.S.C. 12572] NATIONAL SERVICE PROGRAMS ELIGIBLE
FOR PROGRAM ASSISTANCE.
(a) NATIONAL SERVICE CORPS.—The recipient of a grant under
section 121(a) and a Federal agency operating or supporting a national service program under section 121(b) shall use a portion of
the financial assistance or positions involved, directly or through
subgrants to other entities, to support or carry out the following
national service corps or programs, as full- or part-time corps or
programs, to address unmet needs:
(1) EDUCATION CORPS.—
(A) IN GENERAL.—The recipient may carry out national
service programs through an Education Corps that identifies and meets unmet educational needs within communities through activities such as those described in subparagraph (B) and improves performance on the indicators
described in subparagraph (C).
(B) ACTIVITIES.—An Education Corps described in this
paragraph may carry out activities such as—
(i) tutoring, or providing other academic support
to elementary school and secondary school students;
(ii) improving school climate;
(iii) mentoring students, including adult or peer
mentoring;
(iv) linking needed integrated services and comprehensive supports with students, their families, and
their public schools;
(v) providing assistance to a school in expanding
the school day by strengthening the quality of staff
and expanding the academic programming offered in
an expanded learning time initiative, a program of a
21st century community learning center (as defined in
section 4201 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171)), or a high-quality
after-school program;
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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(vi) assisting schools and local educational agencies in improving and expanding high-quality servicelearning programs that keep students engaged in
schools by carrying out programs that provide specialized training to individuals in service-learning, and
place the individuals (after such training) in positions
as service-learning coordinators, to facilitate servicelearning in programs eligible for funding under part I
of subtitle B;
(vii) assisting students in being prepared for college-level work;
(viii) involving family members of students in supporting teachers and students;
(ix) conducting a preprofessional training program
in which students enrolled in an institution of higher
education—
(I) receive training (which may include classes
containing service-learning) in specified fields including early childhood education and care, elementary and secondary education, and other fields
such as those relating to health services, criminal
justice, environmental stewardship and conservation, or public safety;
(II) perform service related to such training
outside the classroom during the school term and
during summer or other vacation periods; and
(III) agree to provide service upon graduation
to meet unmet human, educational, environmental, or public safety needs related to such
training;
(x) assisting economically disadvantaged students
in navigating the college admissions process;
(xi) providing other activities, addressing unmet
educational needs, that the Corporation may designate; or
(xii) providing skilled musicians and artists to promote greater community unity through the use of
music and arts education and engagement through
work in low-income communities, and education,
health care, and therapeutic settings, and other work
in the public domain with citizens of all ages.
(C) EDUCATION CORPS INDICATORS.—The indicators for
a corps program described in this paragraph are—
(i) student engagement, including student attendance and student behavior;
(ii) student academic achievement;
(iii) secondary school graduation rates as defined
in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)(C)(vi)) and as clarified in applicable regulations promulgated by the Department of Education;
(iv) rate of college enrollment and continued college enrollment for recipients of a high school diploma;
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(v) any additional indicator relating to improving
education for students that the Corporation, in consultation (as appropriate) with the Secretary of Education, establishes; or
(vi) any additional local indicator (applicable to a
particular recipient and on which an improvement in
performance is needed) relating to improving education for students, that is approved by the Corporation or a State Commission.
(2) HEALTHY FUTURES CORPS.—
(A) IN GENERAL.—The recipient may carry out national
service programs through a Healthy Futures Corps that
identifies and meets unmet health needs within communities through activities such as those described in subparagraph (B) and improves performance on the indicators
described in subparagraph (C).
(B) ACTIVITIES.—A Healthy Futures Corps described in
this paragraph may carry out activities such as—
(i) assisting economically disadvantaged individuals in navigating the health services system;
(ii) assisting individuals in obtaining access to
health services, including oral health services, for
themselves or their children;
(iii) educating economically disadvantaged individuals and individuals who are members of medically
underserved populations about, and engaging individuals described in this clause in, initiatives regarding
navigating the health services system and regarding
disease prevention and health promotion, with a particular focus on common health conditions, chronic diseases, and conditions, for which disease prevention
and health promotion measures exist and for which socioeconomic, geographic, and racial and ethnic health
disparities exist;
(iv) improving the literacy of patients regarding
health, including oral health;
(v) providing translation services at clinics and in
emergency rooms to improve health services;
(vi) providing services designed to meet the health
needs of rural communities, including the recruitment
of youth to work in health professions in such communities;
(vii) assisting in health promotion interventions
that improve health status, and helping people adopt
and maintain healthy lifestyles and habits to improve
health status;
(viii) addressing childhood obesity through inschool and after-school physical activities, and providing nutrition education to students, in elementary
schools and secondary schools; or
(ix) providing activities, addressing unmet health
needs, that the Corporation may designate.
(C) HEALTHY FUTURES CORPS INDICATORS.—The indicators for a corps program described in this paragraph are—
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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(i) access to health services among economically
disadvantaged individuals and individuals who are
members of medically underserved populations;
(ii) access to health services for uninsured individuals, including such individuals who are economically
disadvantaged children;
(iii) participation, among economically disadvantaged individuals and individuals who are members of
medically underserved populations, in disease prevention and health promotion initiatives, particularly
those with a focus on addressing common health conditions, addressing chronic diseases, and decreasing
health disparities;
(iv) literacy of patients regarding health;
(v) any additional indicator, relating to improving
or protecting the health of economically disadvantaged
individuals and individuals who are members of medically underserved populations, that the Corporation, in
consultation (as appropriate) with the Secretary of
Health and Human Services and the Director of the
Centers for Disease Control and Prevention, establishes; or
(vi) any additional local indicator (applicable to a
particular recipient and on which an improvement in
performance is needed) relating to improving or protecting the health of economically disadvantaged individuals and individuals who are members of medically
underserved populations, that is approved by the Corporation or a State Commission.
(3) CLEAN ENERGY SERVICE CORPS.—
(A) IN GENERAL.—The recipient may carry out national
service projects through a Clean Energy Service Corps that
identifies and meets unmet environmental needs within
communities through activities such as those described in
subparagraph (B) and improves performance on the indicators described in subparagraph (C).
(B) ACTIVITIES.—A Clean Energy Service Corps described in this paragraph may carry out activities such
as—
(i) weatherizing and retrofitting housing units for
low-income households to significantly improve the energy efficiency and reduce carbon emissions of such
housing units;
(ii) building energy-efficient housing units in lowincome communities;
(iii) conducting energy audits for low-income
households and recommending ways for the households to improve energy efficiency;
(iv) providing clean energy-related services designed to meet the needs of rural communities;
(v) working with schools and youth programs to
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cluding conducting service-learning projects to provide
such education;
(vi) assisting in the development of local recycling
programs;
(vii) renewing and rehabilitating national and
State parks and forests, city parks, county parks and
other public lands, and trails owned or maintained by
the Federal Government or a State, including planting
trees, carrying out reforestation, carrying out forest
health restoration measures, carrying out erosion control measures, fire hazard reduction measures, and rehabilitation and maintenance of historic sites and
structures throughout the national park system, and
providing trail enhancements, rehabilitation, and repairs;
(viii) cleaning and improving rivers maintained by
the Federal Government or a State;
(ix) carrying out projects in partnership with the
National Park Service, designed to renew and rehabilitate national park resources and enhance services and
learning opportunities for national park visitors, and
nearby communities and schools;
(x) providing service through a full-time, yearround youth corps program or full-time summer youth
corps program, such as a conservation corps or youth
service corps program that—
(I) undertakes meaningful service projects
with visible public benefits, including projects involving urban renewal, sustaining natural resources, or improving human services;
(II) includes as participants youths and young
adults who are age 16 through 25, including outof-school youth and other disadvantaged youth
(such as youth who are aging out of foster care,
youth who have limited English proficiency, homeless youth, and youth who are individuals with
disabilities), who are age 16 through 25; and
(III) provides those participants who are
youth and young adults with—
(aa) team-based, highly structured, and
adult-supervised work experience, life skills,
education, career guidance and counseling,
employment training, and support services including mentoring; and
(bb) the opportunity to develop citizenship
values and skills through service to their community and the United States;
(xi) carrying out other activities, addressing
unmet environmental and workforce needs, that the
Corporation may designate.
(C) CLEAN ENERGY SERVICE CORPS INDICATORS.—The
indicators for a corps program described in this paragraph
are—
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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(i) the number of housing units of low-income
households weatherized or retrofitted to significantly
improve energy efficiency and reduce carbon emissions;
(ii) annual energy costs (to determine savings in
those costs) at facilities where participants have provided service;
(iii) the number of students and youth receiving
education or training in energy-efficient and environmentally conscious practices;
(iv)(I) the number of acres of national parks, State
parks, city parks, county parks, or other public lands,
that are cleaned or improved; and
(II) the number of acres of forest preserves, or
miles of trails or rivers, owned or maintained by the
Federal Government or a State, that are cleaned or
improved;
(v) any additional indicator relating to clean energy, the reduction of greenhouse gas emissions, or
education and skill attainment for clean energy jobs,
that the Corporation, in consultation (as appropriate)
with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of
the Interior, or the Secretary of Labor, as appropriate,
establishes; or
(vi) any additional local indicator (applicable to a
particular recipient and on which an improvement in
performance is needed) relating to clean energy, the
reduction of greenhouse gas emissions, or education or
skill attainment for clean energy jobs, that is approved
by the Corporation or a State Commission.
(4) VETERANS CORPS.—
(A) IN GENERAL.—The recipient may carry out national
service programs through a Veterans Corps that identifies
and meets unmet needs of veterans and members of the
Armed Forces who are on active duty through activities
such as those described in subparagraph (B) and improves
performance on the indicators described in subparagraph
(C).
(B) ACTIVITIES.—A Veterans Corps described in this
paragraph may carry out activities such as—
(i) promoting community-based efforts to meet the
unique needs of military families while a family member is deployed and upon that family member’s return
home;
(ii) recruiting veterans, particularly returning veterans, into service opportunities, including opportunities that utilize their military experience;
(iii) assisting veterans in developing their educational opportunities (including opportunities for professional certification, licensure, or credentials), coordinating activities with and assisting State and local
agencies administering veterans education benefits,
and coordinating activities with and assisting entities
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administering veterans programs with internships and
fellowships that could lead to employment in the private and public sectors;
(iv) promoting efforts within a community to serve
the needs of veterans and members of the Armed
Forces who are on active duty, including helping veterans file benefits claims and assisting Federal agencies in providing services to veterans, and sending
care packages to Members of the Armed Forces who
are deployed;
(v) assisting veterans in developing mentoring relationships with economically disadvantaged students;
(vi) developing projects to assist veterans with disabilities, veterans who are unemployed, older veterans, and veterans in rural communities, including
assisting veterans described in this clause with transportation; or
(vii) other activities, addressing unmet needs of
veterans, that the Corporation may designate.
(C) VETERANS’ CORPS INDICATORS.—The indicators for
a corps program described in this paragraph are—
(i) the number of housing units created for veterans;
(ii) the number of veterans who pursue educational opportunities;
(iii) the number of veterans receiving professional
certification, licensure, or credentials;
(iv) the number of veterans engaged in service opportunities;
(v) the number of military families assisted by organizations while a family member is deployed and
upon that family member’s return home;
(vi) the number of economically disadvantaged
students engaged in mentoring relationships with veterans;
(vii) the number of projects designed to meet identifiable public needs of veterans, especially veterans
with disabilities, veterans who are unemployed, older
veterans, and veterans in rural communities;
(viii) any additional indicator that relates to education or skill attainment that assists in providing veterans with the skills to address identifiable public
needs, or that relates to improving the lives of veterans, of members of the Armed Forces on active duty,
and of families of the veterans and the members on
active duty, and that the Corporation, in consultation
(as appropriate) with the Secretary of Veterans Affairs, establishes; or
(ix) any additional local indicator (applicable to a
particular recipient and on which an improvement in
performance is needed) relating to the education or
skill attainment, or the improvement, described in
clause (viii), that is approved by the Corporation or a
State Commission.
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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(5) OPPORTUNITY CORPS.—
(A) IN GENERAL.—The recipient may carry out national
service programs through an Opportunity Corps that identifies and meets unmet needs relating to economic opportunity for economically disadvantaged individuals within
communities, through activities such as those described in
subparagraph (B) and improves performance on the indicators described in subparagraph (C).
(B) ACTIVITIES.—An Opportunity Corps described in
this paragraph may carry out activities such as—
(i) providing financial literacy education to economically disadvantaged individuals, including financial literacy education with regard to credit management, financial institutions including banks and credit
unions, and utilization of savings plans;
(ii) assisting in the construction, rehabilitation, or
preservation of housing units, including energy efficient homes, for economically disadvantaged individuals;
(iii) assisting economically disadvantaged individuals, including homeless individuals, in finding placement in and maintaining housing;
(iv) assisting economically disadvantaged individuals in obtaining access to health services for themselves or their children;
(v) assisting individuals in obtaining information
about Federal, State, local, or private programs or
benefits focused on assisting economically disadvantaged individuals, economically disadvantaged children, or low-income families;
(vi) facilitating enrollment in and completion of
job training for economically disadvantaged individuals;
(vii) assisting economically disadvantaged individuals in obtaining access to job placement assistance;
(viii) carrying out a program that seeks to eliminate hunger in low-income communities and rural
areas through service in projects—
(I) involving food banks, food pantries, and
nonprofit organizations that provide food during
emergencies;
(II) seeking to address the long-term causes of
hunger through education and the delivery of appropriate services;
(III) providing training in basic health, nutrition, and life skills necessary to alleviate hunger
in communities and rural areas; or
(IV) assisting individuals in obtaining information about federally supported nutrition programs;
(ix) addressing issues faced by homebound citizens, such as needs for food deliveries, legal and medical services, nutrition information, and transportation;
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(x) implementing an E–Corps program that involves participants who provide services in a community by developing and assisting in carrying out technology programs that seek to increase access to technology and the benefits of technology in such community; and
(xi) carrying out other activities, addressing
unmet needs relating to economic opportunity for economically disadvantaged individuals, that the Corporation may designate.
(C) OPPORTUNITY CORPS INDICATORS.—The indicators
for a corps program described in this paragraph are—
(i) the degree of financial literacy among economically disadvantaged individuals;
(ii) the number of housing units built or improved
for economically disadvantaged individuals or low-income families;
(iii) the number of economically disadvantaged individuals with access to job training and other skill
enhancement;
(iv) the number of economically disadvantaged individuals with access to information about job placement services;
(v) any additional indicator relating to improving
economic opportunity for economically disadvantaged
individuals that the Corporation, in consultation (as
appropriate) with the Secretary of Health and Human
Services, the Secretary of Labor, the Secretary of
Housing and Urban Development, and the Secretary of
the Treasury, establishes; or
(vi) any additional local indicator (applicable to a
particular recipient and on which an improvement in
performance is needed) that is approved by the Corporation or a State Commission.
(b) NATIONAL SERVICE PROGRAMS.—
(1) IN GENERAL.—The recipient of a grant under section
121(a) and a Federal agency operating or supporting a national
service program under section 121(b) may use the financial assistance or positions involved, directly or through subgrants to
other entities, to carry out national service programs and
model programs under this subsection that are focused on
meeting community needs and improve performance on the indicators described in paragraph (3).
(2) PROGRAMS.—The programs may include the following
types of national service programs:
(A) A community service program designed to meet
the needs of rural communities, using teams or individual
placements to address the development needs of rural communities, including addressing rural poverty, or the need
for health services, education, or job training.
(B) A program—
(i) that engages participants in public health,
emergency and disaster preparedness, and other public safety activities;
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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(ii) that may include the recruitment of qualified
participants for, and placement of the participants in,
positions to be trainees as law enforcement officers,
firefighters, search and rescue personnel, and emergency medical service workers; and
(iii) that may engage Federal, State, and local
stakeholders, in collaboration, to organize more effective responses to issues of public health, emergencies
and disasters, and other public safety issues.
(C) A program that seeks to expand the number of
mentors for disadvantaged youths and other youths (including by recruiting high school-, and college-age individuals to enter into mentoring relationships), either
through—
(i) provision of direct mentoring services;
(ii) provision of supportive services to direct mentoring service organizations (in the case of a partnership);
(iii) the creative utilization of current and emerging technologies to connect youth with mentors; or
(iv) supporting mentoring partnerships (including
statewide and local mentoring partnerships that
strengthen direct service mentoring programs) by—
(I) increasing State resources dedicated to
mentoring;
(II) supporting the creation of statewide and
local mentoring partnerships and programs of national scope through collaborative efforts between
entities such as local or direct service mentoring
partnerships, or units of State or local government; and
(III) assisting direct service mentoring programs.
(D) A program—
(i) in which not less than 75 percent of the participants are disadvantaged youth;
(ii) that may provide life skills training, employment training, educational counseling, assistance to
complete a secondary school diploma or its recognized
equivalent, counseling, or a mentoring relationship
with an adult volunteer; and
(iii) for which, in awarding financial assistance
and approved national service positions, the Corporation shall give priority to programs that engage retirees to serve as mentors.
(E) A program—
(i) that reengages court-involved youth and adults
with the goal of reducing recidivism;
(ii) that may create support systems beginning in
correctional facilities; and
(iii) that may have life skills training, employment
training, an education program (including a program
to complete a secondary school diploma or its recogMay 19, 2009
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44
nized equivalent), educational and career counseling,
and postprogram placement services.
(F) A demonstration program—
(i) that has as 1 of its primary purposes the recruitment and acceptance of court-involved youth and
adults as participants, volunteers, or members; and
(ii) that may serve any purpose otherwise permitted under this Act.
(G) A program that provides education or job training
services that are designed to meet the needs of rural communities.
(H) A program that seeks to expand the number of
mentors for youth in foster care through—
(i) the provision of direct academic mentoring
services for youth in foster care;
(ii) the provision of supportive services to mentoring service organizations that directly provide mentoring to youth in foster care, including providing
training of mentors in child development, domestic violence, foster care, confidentiality requirements, and
other matters related to working with youth in foster
care; or
(iii) supporting foster care mentoring partnerships, including statewide and local mentoring partnerships that strengthen direct service mentoring programs.
(I) Such other national service programs addressing
unmet human, educational, environmental, or public safety
needs as the Corporation may designate.
(3) INDICATORS.—The indicators for a program described in
this subsection are the indicators described in subparagraph
(C) of paragraphs (1), (2), (3), (4), or (5) of subsection (a) or any
additional local indicator (applicable to a participant or recipient and on which an improvement in performance is needed)
relating to meeting unmet community needs, that is approved
by the Corporation or a State Commission.
(c) PROGRAM MODELS FOR SERVICE CORPS.—
(1) IN GENERAL.—In addition to any activities described in
subparagraph (B) of paragraphs (1) through (5) of subsection
(a), and subsection (b)(2), a recipient of a grant under section
121(a) and a Federal agency operating or supporting a national
service program under section 121(b) may directly or through
grants or subgrants to other entities carry out a national service corps program through the following program models:
(A) A community corps program that meets unmet
health, veteran, and other human, educational, environmental, or public safety needs and promotes greater community unity through the use of organized teams of participants of varied social and economic backgrounds, skill
levels, physical and developmental capabilities, ages, ethnic backgrounds, or genders.
(B) A service program that—
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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pants to be placed individually or in teams in positions
in which the participants can meet such unmet needs;
and
(ii) if consistent with the purposes of the program,
brings participants together for additional training
and other activities designed to foster civic responsibility, increase the skills of participants, and improve
the quality of the service provided.
(C) A campus-based program that is designed to provide substantial service in a community during the school
term and during summer or other vacation periods
through the use of—
(i) students who are attending an institution of
higher education, including students participating in a
work-study program assisted under part C of title IV
of the Higher Education Act of 1965 (42 U.S.C. 2751
et seq.);
(ii) teams composed of students described in
clause (i); or
(iii) teams composed of a combination of such students and community residents.
(D) A professional corps program that recruits and
places qualified participants in positions—
(i) as teachers, nurses and other health care providers, police officers, early childhood development
staff, engineers, or other professionals providing service to meet human, educational, environmental, or
public safety needs in communities with an inadequate number of such professionals;
(ii) for which the salary may exceed the maximum
living allowance authorized in subsection (a)(2) of section 140, as provided in subsection (c) of such section;
and
(iii) that are sponsored by public or private employers who agree to pay 100 percent of the salaries
and benefits (other than any national service educational award under subtitle D) of the participants.
(E) A program that provides opportunities for veterans
to participate in service projects.
(F) A program carried out by an intermediary that
builds the capacity of local nonprofit and faith-based organizations to expand and enhance services to meet local or
national needs.
(G) Such other program models as may be approved by
the Corporation or a State Commission, as appropriate.
(2) PROGRAM MODELS WITHIN CORPS.—A recipient of financial assistance or approved national service positions for a
corps program described in subsection (a) may use the assistance or positions to carry out the corps program, in whole or
in part, using a program model described in this subsection.
The corps program shall meet the applicable requirements of
subsection (a) and this subsection.
(d) QUALIFICATION CRITERIA TO DETERMINE ELIGIBILITY.—
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46
(1) ESTABLISHMENT BY CORPORATION.—The Corporation
shall establish qualification criteria for different types of national service programs for the purpose of determining whether
a particular national service program should be considered to
be a national service program eligible to receive assistance or
approved national service positions under this subtitle.
(2) CONSULTATION.—In establishing qualification criteria
under paragraph (1), the Corporation shall consult with organizations and individuals with extensive experience in developing and administering effective national service programs or
regarding the delivery of veteran services, and other human,
educational, environmental, or public safety services, to communities or persons.
(3) APPLICATION TO SUBGRANTS.—The qualification criteria
established by the Corporation under paragraph (1) shall also
be used by each recipient of assistance under section 121(a)
that uses any portion of the assistance to conduct a grant program to support other national service programs.
(4) ENCOURAGEMENT OF INTERGENERATIONAL COMPONENTS
OF PROGRAMS.—The Corporation shall encourage national service programs eligible to receive assistance or approved national
service positions under this subtitle to establish, if consistent
with the purposes of the program, an intergenerational component of the program that combines students, out-of-school
youths, disadvantaged youth, and older adults as participants
to provide services to address unmet human, educational, environmental, or public safety needs.
(e) PRIORITIES FOR CERTAIN CORPS.—In awarding financial assistance and approved national service positions to eligible entities
proposed to carry out the corps described in subsection (a)—
(1) in the case of a corps described in subsection (a)(2)—
(A) the Corporation may give priority to eligible entities that propose to provide support for participants who,
after completing service under this section, will undertake
careers to improve performance on health indicators described in subsection (a)(2)(C); and
(B) the Corporation shall give priority to eligible entities that propose to carry out national service programs in
medically underserved areas (as designated individually,
by the Secretary of Health and Human Services as an area
with a shortage of personal health services); and
(2) in the case of a corps described in subsection (a)(3), the
Corporation shall give priority to eligible entities that propose
to recruit individuals for the Clean Energy Service Corps so
that significant percentages of participants in the Corps are
economically disadvantaged individuals, and provide to such
individuals support services and education and training to develop skills needed for clean energy jobs for which there is current demand or projected future demand.
(f) NATIONAL SERVICE PRIORITIES.—
(1) ESTABLISHMENT.—
(A) BY CORPORATION.—In order to concentrate national
efforts on meeting human, educational, environmental, or
public safety needs and to achieve the other purposes of
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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this Act, the Corporation, after reviewing the strategic
plan approved under section 192A(g)(1,) shall establish,
and may periodically alter, priorities regarding the types
of national service programs and corps to be assisted
under section 129 and the purposes for which such assistance may be used.
(B) BY STATES.—Consistent with paragraph (4), States
shall establish, and through the national service plan process described in section 178(e)(1), periodically alter priorities as appropriate regarding the national service programs to be assisted under section 129(e). The State priorities shall be subject to Corporation review as part of the
application process under section 130.
(2) NOTICE TO APPLICANTS.—The Corporation shall provide
advance notice to potential applicants of any national service
priorities to be in effect under this subsection for a fiscal year.
The notice shall specifically include—
(A) a description of any alteration made in the priorities since the previous notice; and
(B) a description of the national service programs that
are designated by the Corporation under section 133(d)(2)
as eligible for priority consideration in the next competitive distribution of assistance under section 121(a).
(3) REGULATIONS.—The Corporation shall by regulation establish procedures to ensure the equitable treatment of national service programs that—
(A) receive funding under this subtitle for multiple
years; and
(B) would be adversely affected by annual revisions in
such national service priorities.
(4) APPLICATION TO SUBGRANTS.—Any national service priorities established by the Corporation under this subsection
shall also be used by each recipient of funds under section
121(a) that uses any portion of the assistance to conduct a
grant program to support other national service programs.
(g) CONSULTATION ON INDICATORS.—The Corporation shall consult with the Secretary of Education, the Secretary of Health and
Human Services, the Director of the Centers for Disease Control
and Prevention, the Secretary of Energy, the Secretary of Veterans
Affairs, the Secretary of the Interior, the Administrator of the Environmental Protection Agency, the Secretary of Labor, the Secretary of Housing and Urban Development, and the Secretary of
the Treasury, as appropriate, in developing additional indicators
for the corps and programs described in subsections (a) and (b).
(h) REQUIREMENTS FOR TUTORS.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Corporation shall require that each recipient of assistance
under the national service laws that operates a tutoring program involving elementary school or secondary school students
certifies that individuals serving in approved national service
positions as tutors in such program have—
(A) obtained their high school diplomas; and
(B) successfully completed pre- and in-service training
for tutors.
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(2) EXCEPTION.—The requirements in paragraph (1) do not
apply to an individual serving in an approved national service
position who is enrolled in an elementary school or secondary
school and is providing tutoring services through a structured,
school-managed cross-grade tutoring program.
(i) REQUIREMENTS FOR TUTORING PROGRAMS.—Each tutoring
program that receives assistance under the national service laws
shall—
(1) offer a curriculum that is high quality, research-based,
and consistent with the State academic content standards required by section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) and the instructional program of the local educational agency; and
(2) offer high quality, research-based pre- and in-service
training for tutors.
(j) CITIZENSHIP TRAINING.—The Corporation shall establish
guidelines for recipients of assistance under the national service
laws, that are consistent with the principles on which citizenship
programs administered by U.S. Citizenship and Immigration Services are based, relating to the promotion of citizenship and civic engagement among participants in approved national service positions and approved summer of service positions, and appropriate to
the age, education, and experience of the participants.
(k) REPORT.—Not later than 60 days after the end of each fiscal year for which the Corporation makes grants under section
121(a), the Corporation shall prepare and submit to the authorizing
committees a report containing—
(1) information describing how the Corporation allocated
financial assistance and approved national service positions
among eligible entities proposed to carry out corps and national service programs described in this section for that fiscal
year;
(2) information describing the amount of financial assistance and the number of approved national service positions the
Corporation provided to each corps and national service program described in this section for that fiscal year;
(3) a measure of the extent to which the corps and national
service programs improved performance on the corresponding
indicators; and
(4) information describing how the Corporation is coordinating—
(A) the national service programs funded under this
section; with
(B) applicable programs, as determined by the Corporation, carried out under subtitle B of this title, and part
A of title I and parts A and B of title II of the Domestic
Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.,
5001, 5011) that improve performance on those indicators
or otherwise address identified community needs.
SEC. 123. [42 U.S.C. 12573] TYPES OF NATIONAL SERVICE POSITIONS
ELIGIBLE FOR APPROVAL FOR NATIONAL SERVICE EDUCATIONAL AWARDS.
The Corporation may approve of any of the following service
positions as an approved national service position that includes the
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 124
national service educational award described in subtitle D as one
of the benefits to be provided for successful service in the position:
(1) A position for a participant in a national service program described in subsection (a), (b), or (c) of section 122 that
receives assistance under subsection (a) of section 121.
(2) A position for a participant in a program that—
(A) is carried out by a State, a subdivision of a State,
a territory, an Indian tribe, a public or private nonprofit
organization, an institution of higher education, or a Federal agency (under an interagency agreement described in
section 121(b)); and
(B) would be eligible to receive assistance under section 121(a), based on criteria established by the Corporation, but has not applied for such assistance.
(3) A position involving service as a VISTA volunteer
under title I of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 4951 et seq.).
(4) A position facilitating service-learning in a program described in section 122(a)(1)(B)(vi) that is eligible for assistance
under part I of subtitle B.
(5) A position for a participant in the National Civilian
Community Corps under subtitle E.
(6) A position involving service as a crew leader in a youth
corps program or a similar position supporting a national service program that receives an approved national service position.
(7) A position involving service in the ServeAmerica Fellowship program carried out under section 198B.
(8) Such other national service positions as the Corporation considers to be appropriate.
SEC. 124. [42 U.S.C. 12574] TYPES OF PROGRAM ASSISTANCE.
(a) PLANNING ASSISTANCE.—The Corporation may provide
assistance under section 121 to a qualified applicant that submits an
application under section 130 for the planning of a national service
program. Assistance provided in accordance with this subsection
may cover a period of not more than 1 year.
(b) OPERATIONAL ASSISTANCE.—The Corporation may provide
assistance under section 121 to a qualified applicant that submits
an application under section 130 for the establishment, operation,
or expansion of a national service program. Assistance provided in
accordance with this subsection may cover a period of not more
than 3 years, but may be renewed by the Corporation upon consideration of a new application under section 130.
(c) REPLICATION ASSISTANCE.—The Corporation may provide
assistance under section 121 to a qualified applicant that submits
an application under section 130 for the expansion of a proven national service program to another geographical location. Assistance
provided in accordance with this subsection may cover a period of
not more than 3 years, but may be renewed by the Corporation
upon consideration of a new application under section 130.
(d) APPLICATION TO SUBGRANTS.—The requirements of this section shall apply to any State or other applicant receiving assistance
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
50
under section 121 that proposes to conduct a grant program using
the assistance to support other national service programs.
SEC. 126. [42 U.S.C. 12576] OTHER SPECIAL ASSISTANCE.
(a) SUPPORT FOR STATE COMMISSIONS.—
(1) GRANTS AUTHORIZED.—From amounts appropriated
for
a fiscal year pursuant to the authorization of appropriation in
section 501(a)(5), the Corporation may make a grant in an
amount between $250,000 and $1,000,000 to a State to assist
the State to establish or operate the State Commission on National and Community Service required to be established by
the State under section 178.
(2) MATCHING REQUIREMENT.—In making a grant to a
State under this subsection, the Corporation shall require the
State to agree to provide matching funds from non-Federal
sources of not less than $1 for every $1 provided by the Corporation through the grant.
(3) ALTERNATIVE.—Notwithstanding paragraph (2), the
Chief Executive Officer may permit a State that demonstrates
hardship or a new State Commission to meet alternative
matching requirements for such a grant as follows:
(A) FIRST $100,000.—For the first $100,000 of grant
funds provided by the Corporation, the State involved shall
not be required to provide matching funds.
(B) AMOUNTS GREATER THAN $100,000.—For grant
amounts of more than $100,000 and not more than
$250,000 provided by the Corporation, the State shall
agree to provide matching funds from non-Federal sources
of not less than $1 for every $2 provided by the Corporation, in excess of $100,000.
(C) AMOUNTS GREATER THAN $250,000.—For grant
amounts of more than $250,000 provided by the Corporation, the State shall agree to provide matching funds from
non-Federal sources of not less than $1 for every $1 provided by the Corporation, in excess of $250,000.
(b) DISASTER SERVICE.—The Corporation may undertake activities, including activities carried out through part A of title I of the
Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.), to
involve programs that receive assistance under the national service
laws in disaster relief efforts, and to support, including through
mission assignments under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.), nonprofit
organizations and public agencies responding to the needs of communities experiencing disasters.
(c) CHALLENGE GRANTS FOR NATIONAL SERVICE PROGRAMS.—
(1) ASSISTANCE AUTHORIZED.—The Corporation may make
challenge grants under this subsection to programs supported
under the national service laws.
(2) SELECTION CRITERIA.—The Corporation shall develop
criteria for the selection of recipients of challenge grants under
this subsection, so as to make the grants widely available to
a variety of programs that—
(A) are high-quality national service programs; and
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51
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 129
(B) are carried out by entities with demonstrated experience in establishing and implementing projects that provide benefits to participants and communities.
(3) AMOUNT OF ASSISTANCE.—A challenge grant under this
subsection may provide, for an initial 3-year grant period, not
more than $1 of assistance under this subsection for each $1
in cash raised from private sources by the program supported
under the national service laws in excess of amounts required
to be provided by the program to satisfy matching funds requirements. After an initial 3-year grant period, a grant under
this subsection may provide not more than $1 of assistance
under this subsection for each $2 in cash raised from private
sources by the program in excess of amounts required to be
provided by the program to satisfy matching funds requirements. The Corporation may permit the use of local or State
funds under this paragraph in lieu of cash raised from private
sources if the Corporation determines that such use would be
equitable due to a lack of available private funds at the local
level. The Corporation shall establish a ceiling on the amount
of assistance that may be provided to a national service program under this subsection.
PART II—APPLICATION AND APPROVAL
PROCESS
SEC. 129. [42 U.S.C. 12581] PROVISION OF ASSISTANCE AND APPROVED
NATIONAL SERVICE POSITIONS.
(a) ONE PERCENT ALLOTMENT FOR CERTAIN TERRITORIES.—Of
the funds allocated by the Corporation for provision of assistance
under section 121(a) for a fiscal year, the Corporation shall reserve
1 percent for grants to the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands upon approval by the Corporation of an application submitted under section 130. The Corporation shall allot for a grant
to each such territory under this subsection for a fiscal year an
amount that bears the same ratio to 1 percent of the allocated
funds for that fiscal year as the population of the territory bears
to the total population of all such territories.
(b) ALLOTMENT FOR INDIAN TRIBES.—Of the funds allocated by
the Corporation for provision of assistance under section 121(a) for
a fiscal year, the Corporation shall reserve at least 1 percent for
grants to Indian tribes to be allotted by the Corporation on a competitive basis.
(c) RESERVATION OF APPROVED POSITIONS.—The Corporation
shall ensure that each individual selected during a fiscal year for
assignment as a VISTA volunteer under title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.) or as a participant in the National Civilian Community Corps Program under
subtitle E shall receive the national service educational award described in subtitle D if the individual satisfies the eligibility requirements for the award. Funds for approved national service positions required by this paragraph for a fiscal year shall be deducted from the total funding for approved national service posiMay 19, 2009
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Sec. 129
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
52
tions to be available for distribution under subsections (d) and (e)
for that fiscal year.
(d) ALLOTMENT FOR COMPETITIVE GRANTS.—
(1) IN GENERAL.—Of the funds allocated by the Corporation for provision of assistance under section 121(a) for a fiscal
year and subject to section 133(d)(3), the Corporation shall reserve not more than 62.7 percent for grants awarded on a competitive basis to States specified in subsection (e)(1) for national service programs, to nonprofit organizations seeking to
operate a national service program in 2 or more of those
States, and to Indian tribes.
(2) EQUITABLE TREATMENT.—In the consideration of applications for such grants, the Corporation shall ensure the equitable treatment of applicants from urban areas, applicants
from rural areas, applicants of diverse sizes (as measured by
the number of participants served), applicants from States, and
applicants from national nonprofit organizations.
(3) ENCORE SERVICE PROGRAMS.—In making grants under
this subsection for a fiscal year, the Corporation shall make an
effort to allocate not less than 10 percent of the financial assistance and approved national service positions provided
through the grants for that fiscal year to eligible entities proposing to carry out encore service programs, unless the Corporation does not receive a sufficient number of applications of
adequate quality to justify making that percentage available to
those eligible entities.
(4) CORPS PROGRAMS.—In making grants under this subsection for a fiscal year, the Corporation—
(A) shall select 2 or more of the national service corps
described in section 122(a) to receive grants under this
subsection; and
(B) may select national service programs described in
section 122(b) to receive such grants.
(e) ALLOTMENT TO CERTAIN STATES ON FORMULA BASIS.—
(1) GRANTS.—Of the funds allocated by the Corporation for
provision of assistance under section 121(a) for a fiscal year,
the Corporation shall make a grant to each of the several
States, the District of Columbia, and the Commonwealth of
Puerto Rico that submits an application under section 130 that
is approved by the Corporation.
(2) ALLOTMENTS.—The Corporation shall allot for a grant
to each such State under this subsection for a fiscal year an
amount that bears the same ratio to 35.3 percent of the allocated funds for that fiscal year as the population of the State
bears to the total population of the several States, the District
of Columbia, and the Commonwealth of Puerto Rico, in compliance with paragraph (3).
(3) MINIMUM AMOUNT.—Notwithstanding paragraph (2),
the minimum grant made available to each State approved by
the Corporation under paragraph (1) for each fiscal year shall
be at least $600,000, or 0.5 percent of the amount allocated for
the State formula under this subsection for the fiscal year,
whichever is greater.
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53
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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(f) EFFECT OF FAILURE TO APPLY.—If a State or territory fails
to apply for, or fails to give notice to the Corporation of its intent
to apply for, an allotment under this section, or the Corporation
does not approve the application consistent with section 133, the
Corporation may use the amount that would have been allotted
under this section to the State or territory to—
(1) make grants (and provide approved national service positions in connection with such grants) to other communitybased entities under section 121 that propose to carry out national service programs in such State or territory; and
(2) make reallotments to other States or territories with
approved applications submitted under section 130, from the
allotment funds not used to make grants as described in paragraph (1).
(g) APPLICATION REQUIRED.—The Corporation shall make an
allotment of assistance (including the provision of approved national service positions) to a recipient under this section only pursuant to an application submitted by a State or other applicant
under section 130.
(h) APPROVAL OF POSITIONS SUBJECT TO AVAILABLE FUNDS.—
The Corporation may not approve positions as approved national
service positions under this subtitle for a fiscal year in excess of
the number of such positions for which the Corporation has sufficient available funds in the National Service Trust for that fiscal
year, taking into consideration funding needs for national service
educational awards under subtitle D based on completed service. If
appropriations are insufficient to provide the maximum allowable
national service educational awards under subtitle D for all eligible
participants, the Corporation is authorized to make necessary and
reasonable adjustments to program rules.
(i) SPONSORSHIP OF APPROVED NATIONAL SERVICE POSITIONS.—
(1) SPONSORSHIP AUTHORIZED.—The Corporation may enter
into agreements with persons or entities who offer to sponsor
national service positions for which the person or entity will be
responsible for supplying the funds necessary to provide a national service educational award. The distribution of those approved national service positions shall be made pursuant to the
agreement, and the creation of those positions shall not be
taken into consideration in determining the number of approved national service positions to be available for distribution under this section.
(2) DEPOSIT OF CONTRIBUTION.—Funds provided pursuant
to an agreement under paragraph (1) shall be deposited in the
National Service Trust established in section 145 until such
time as the funds are needed.
(j) RESERVATION OF FUNDS FOR SPECIAL ASSISTANCE.—
(1) RESERVATION.—From amounts appropriated for a fiscal
year pursuant to the authorization of appropriations in section
501(a)(2) and allocated to carry out subtitle C and subject to
the limitation in such section, the Corporation may reserve
such amount as the Corporation considers to be appropriate for
the purpose of making assistance available under subsections
(b) and (c) of section 126.
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Sec. 129
OF
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
54
(2) LIMITATION.—The amount reserved under paragraph
(1) for a fiscal year may not exceed $10,000,000.
(3) TIMING.—The Corporation shall reserve such amount,
and any amount reserved under subsection (k) from funds appropriated and allocated to carry out subtitle C, before allocating funds for the provision of assistance under any other
provision of this subtitle.
(k) RESERVATION OF FUNDS TO INCREASE THE PARTICIPATION
INDIVIDUALS WITH DISABILITIES.—
(1) RESERVATION.—To make grants to public or private
nonprofit organizations to increase the participation of individuals with disabilities in national service and for demonstration
activities in furtherance of this purpose, and subject to the limitation in paragraph (2), the Chief Executive Officer shall reserve not less than 2 percent from the amounts, appropriated
to carry out subtitles C, D, E, and H for each fiscal year.
(2) LIMITATION.—The amount reserved under paragraph
(1) for a fiscal year may not exceed $20,000,000.
(3) REMAINDER.—The Chief Executive Officer may use the
funds reserved under paragraph (1), and not distributed to
make grants under this subsection for other activities described in section 501(a)(2).
(l) AUTHORITY FOR FIXED-AMOUNT GRANTS.—
(1) IN GENERAL.—
(A) AUTHORITY.—From amounts appropriated for a fiscal year to provide financial assistance under the national
service laws, the Corporation may provide assistance in
the form of fixed-amount grants in an amount determined
by the Corporation under paragraph (2) rather than on the
basis of actual costs incurred by a program.
(B) LIMITATION.—Other than fixed-amount grants to
support programs described in section 129A, for the 1-year
period beginning on the effective date of the Serve America
Act, the Corporation may provide assistance in the form of
fixed-amount grants to programs that only offer full-time
positions.
(2) DETERMINATION OF AMOUNT OF FIXED-AMOUNT
GRANTS.—A fixed-amount grant authorized by this subsection
shall be in an amount determined by the Corporation that is—
(A) significantly less than the reasonable and necessary costs of administering the program supported by
the grant; and
(B) based on an amount per individual enrolled in the
program receiving the grant, taking into account—
(i) the capacity of the entity carrying out the program to manage funds and achieve programmatic results;
(ii) the number of approved national service positions, approved silver scholar positions, or approved
summer of service positions for the program, if applicable;
(iii) the proposed design of the program;
(iv) whether the program provides service to, or
involves the participation of, disadvantaged youth or
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55
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 129
otherwise would reasonably incur a relatively higher
level of costs; and
(v) such other factors as the Corporation may consider under section 133 in considering applications for
assistance.
(3) REQUIREMENTS FOR GRANT RECIPIENTS.—In awarding a
fixed-amount grant under this subsection, the Corporation—
(A) shall require the grant recipient—
(i) to return a pro rata amount of the grant funds
based upon the difference between the number of
hours served by a participant and the minimum number of hours for completion of a term of service (as established by the Corporation);
(ii) to report on the program’s performance on
standardized measures and performance levels established by the Corporation;
(iii) to cooperate with any evaluation activities undertaken by the Corporation; and
(iv) to provide assurances that additional funds
will be raised in support of the program, in addition
to those received under the national service laws; and
(B) may adopt other terms and conditions that the
Corporation considers necessary or appropriate based on
the relative risks (as determined by the Corporation) associated with any application for a fixed-amount grant.
(4) OTHER REQUIREMENTS NOT APPLICABLE.—Limitations
on administrative costs and matching fund documentation requirements shall not apply to fixed-amount grants provided in
accordance with this subsection.
(5) RULE OF CONSTRUCTION.—Nothing in this subsection
shall relieve a grant recipient of the responsibility to comply
with the requirements of chapter 75 of title 31, United States
Code, or other requirements of Office of Management and
Budget Circular A–133.
SEC. 129A. [42 U.S.C. 12581a] EDUCATIONAL AWARDS ONLY PROGRAM.
(a) IN GENERAL.—From amounts appropriated for a fiscal year
to provide financial assistance under this subtitle and consistent
with the restriction in subsection (b), the Corporation may, through
fixed-amount grants (in accordance with section 129(l)), provide
operational support to programs that receive approved national
service positions but do not receive funds under section 121(a).
(b) LIMIT ON CORPORATION GRANT FUNDS.—The Corporation
may provide the operational support under this section for a program in an amount that is not more than $800 per individual enrolled in an approved national service position, or not more than
$1,000 per such individual if at least 50 percent of the persons enrolled in the program are disadvantaged youth.
(c) INAPPLICABLE PROVISIONS.—The following provisions shall
not apply to programs funded under this section:
(1) The limitation on administrative costs under section
121(d).
(2) The matching funds requirements under section 121(e).
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Sec. 130
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
56
(3) The living allowance and other benefits under sections
131(e) and 140 (other than individualized support services for
participants with disabilities under section 140(f)).
SEC. 130. [42 U.S.C. 12582] APPLICATION FOR ASSISTANCE AND APPROVED NATIONAL SERVICE POSITIONS
(a) TIME, MANNER, AND CONTENT OF APPLICATION.—To be eligi-
ble to receive assistance under section 121(a) or approved national
service positions for participants who serve in the national service
programs to be carried out using the assistance, a State, territory,
subdivision of a State, Indian tribe, public or private nonprofit organization, or institution of higher education shall prepare and
submit to the Corporation an application at such time, in such
manner, and containing such information as the Corporation may
reasonably require.
(b) TYPES OF PERMISSIBLE APPLICATION INFORMATION.—In
order to have adequate information upon which to consider an application under section 133, the Corporation may require the following information to be provided in an application submitted
under subsection (a):
(1) A description of the national service programs proposed
to be carried out directly by the applicant using assistance provided under section 121.
(2) A description of the national service programs that are
selected by the applicant to receive a grant using assistance requested under section 121 and a description of the process and
criteria by which the programs were selected.
(3) A description of other funding sources to be used, or
sought to be used, for the national service programs referred
to in paragraphs (1) and (2), and, if the application is submitted for the purpose of seeking a renewal of assistance, a description of the success of the programs in reducing their reliance on Federal funds.
(4) A description of the extent to which the projects to be
conducted using the assistance will address unmet human,
educational, environmental, or public safety needs and produce
a direct benefit for the community in which the projects are
performed.
(5) A description of the plan to be used to recruit participants, including youth who are individuals with disabilities
and economically disadvantaged young men and women, for
the national service programs referred to in paragraphs (1) and
(2).
(6) A description of the manner in which the national service programs referred to in paragraphs (1) and (2) build on existing programs, including Federal programs.
(7) A description of the manner in which the national service programs referred to in paragraphs (1) and (2) will involve
participants—
(A) in projects that build an ethic of civic responsibility and produce a positive change in the lives of participants through training and participation in meaningful
service experiences and opportunities for reflection on such
experiences; and
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57
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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(B) in leadership positions in implementing and evaluating the program.
(8) Measurable goals for the national service programs referred to in paragraphs (1) and (2), and a strategy to achieve
such goals, in terms of—
(A) the impact to be made in meeting unmet human,
educational, environmental, or public safety needs; and
(B) the service experience to be provided to participants in the programs.
(9) A description of the manner and extent to which the
national service programs referred to in paragraphs (1) and (2)
conform to the national service priorities established by the
Corporation under section 122(f).
(10) A description of the past experience of the applicant
in operating a comparable program or in conducting a grant
program in support of other comparable service programs.
(11) A description of the type and number of proposed
service positions in which participants will receive the national
service educational award described in subtitle D and a description of the manner in which approved national service positions will be apportioned by the applicant.
(12) A description of the manner and extent to which participants, representatives of the community served, community-based agencies with a demonstrated record of experience
in providing services, municipalities and governments of counties in which such a community is located, and labor organizations contributed to the development of the national service
programs referred to in paragraphs (1) and (2), including the
identity of the individual representing each appropriate labor
organization (if any) who was consulted and the nature of the
consultation.
(13) Such other information as the Corporation may reasonably require.
(c) REQUIRED APPLICATION INFORMATION.—An application submitted under subsection (a) shall contain the following information:
(1) A description of the proposed positions into which participants will be placed using the assistance provided under
section 121.
(2) A description of the proposed minimum qualifications
that individuals shall meet to become participants in such programs.
(3) In the case of a nonprofit organization intending to operate programs in 2 or more States, a description of the manner in which and extent to which the organization consulted
with the State Commissions of each State in which the organization intends to operate and the nature of the consultation.
(d) ADDITIONAL REQUIRED APPLICATION INFORMATION.—An application submitted under subsection (a) for programs described in
122(a) shall also contain—
(1) measurable goals, to be used for annual measurements
of the program’s performance on 1 or more of the corresponding indicators described in section 122;
(2) information describing how the applicant proposes to
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Sec. 130
ICE
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
58
dicators utilizing participants, including describing the activities in which such participants will engage to improve performance on those indicators;
(3) information identifying the geographical area in which
the eligible entity proposing to carry out the program proposes
to use funds to improve performance on the corresponding indicators, and demographic information on the students or individuals, as appropriate, in such area, and statistics demonstrating the need to improve such indicators in such area;
and
(4) if applicable, information on how the eligible entity will
work with other community-based entities to carry out activities to improve performance on the corresponding indicators
using such funds.
(e) APPLICATION TO RECEIVE ONLY APPROVED NATIONAL SERVPOSITIONS.—
(1) APPLICABILITY OF SUBSECTION.—This subsection shall
apply in the case of an application in which—
(A) the applicant is not seeking assistance under section 121(a), but requests national service educational
awards for individuals serving in service positions described in section 123; or
(B) the applicant requests national service educational
awards for service positions described in section 123, but
the positions are not positions in a national service program described in subsection (a), (b), or (c) of section 122
for which assistance may be provided under section 121(a).
(2) SPECIAL APPLICATION REQUIREMENTS.—For the applications described in paragraph (1), the Corporation shall establish special application requirements in order to determine—
(A) whether the service positions meet unmet human,
educational, environmental, or public safety needs and
meet the criteria for assistance under this subtitle; and
(B) whether the Corporation should approve the positions as approved national service positions.
(f) SPECIAL RULE FOR STATE APPLICANTS.—
(1) SUBMISSION BY STATE COMMISSION.—The application of
a State for approved national service positions or for a grant
under section 121(a) shall be submitted by the State Commission.
(2) COMPETITIVE SELECTION.—The application of a State
shall contain an assurance that all assistance provided under
section 121(a) to the State will be used to support national
service programs that were or will be selected by the State on
a competitive basis. In making such competitive selections, the
State shall seek to ensure the equitable allocation within the
State of assistance and approved national service positions provided under this subtitle to the State taking into consideration
such factors as the location of the programs applying to the
State, population density, and economic distress.
(3) ASSISTANCE TO NONSTATE ENTITIES.—The application of
a State shall also contain an assurance that not less than 60
percent of the assistance will be used to make grants in support of national service programs other than national service
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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programs carried out by a State agency. The Corporation may
permit a State to deviate from the percentage specified by this
subsection if the State has not received a sufficient number of
acceptable applications to comply with the percentage.
(g) SPECIAL RULE FOR CERTAIN APPLICANTS.—
(1) WRITTEN CONCURRENCE.—In the case of an applicant
that proposes to also serve as the service sponsor, the application shall include the written concurrence of any local labor organization representing employees of the service sponsor who
are engaged in the same or substantially similar work as that
proposed to be carried out.
(2) APPLICANT DEFINED.—For purposes of this subsection,
the term ‘‘applicant’’ means—
(A) a State, subdivision of a State, territory, Indian
tribe, public or private nonprofit organization, or institution of higher education submitting an application under
this section; or
(B) an entity applying for assistance or approved national service positions through a grant program conducted
using assistance provided to a State, subdivision of a
State, territory, Indian tribe, public or private nonprofit
organization, or institution of higher education under section 121.
(h) LIMITATION ON SAME PROJECT RECEIVING MULTIPLE
GRANTS.—Unless specifically authorized by law, the Corporation
may not provide more than 1 grant under the national service laws
for a fiscal year to support the same project under the national
service laws.
SEC. 131. [42 U.S.C. 12583] NATIONAL SERVICE PROGRAM ASSISTANCE
REQUIREMENTS.
(a) IMPACT ON COMMUNITIES.—An application submitted under
section 130 shall include an assurance by the applicant that any
national service program carried out by the applicant using assistance provided under section 121 and any national service program
supported by a grant made by the applicant using such assistance
will—
(1) address unmet human, educational, environmental, or
public safety needs through services that provide a direct benefit to the community in which the service is performed; and
(2) comply with the nonduplication and nondisplacement
requirements of section 177 and the grievance procedure requirements of section 176(f).
(b) IMPACT ON PARTICIPANTS.—An application submitted under
section 130 shall also include an assurance by the applicant that
any national service program carried out by the applicant using assistance provided under section 121 and any national service program supported by a grant made by the applicant using such assistance will—
(1) provide participants in the national service program
with the training, skills, and knowledge necessary for the
projects that participants are called upon to perform;
(2) provide support services to participants, such as the
provision of appropriate information and support—
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
60
(A) to those participants who are completing a term of
service and making the transition to other educational and
career opportunities; and
(B) to those participants who are school dropouts in
order to assist those participants in earning the equivalent
of a high school diploma; and
(3) provide, if appropriate, structured opportunities for
participants to reflect on their service experiences.
(c) CONSULTATION.—An application submitted under section
130 shall also include an assurance by the applicant that any national service program carried out by the applicant using assistance
provided under section 121 and any national service program supported by a grant made by the applicant using such assistance
will—
(1) provide in the design, recruitment, and operation of the
program for broad-based input from—
(A) the community served, the municipality and government of the county (if appropriate) in which the community is located, and potential participants in the program; and
(B) community-based agencies with a demonstrated
record of experience in providing services and local labor
organizations representing employees of service sponsors,
if these entities exist in the area to be served by the program;
(2) prior to the placement of participants, consult with the
appropriate local labor organization, if any, representing employees in the area who are engaged in the same or similar
work as that proposed to be carried out by such program to ensure compliance with the nondisplacement requirements specified in section 177; and
(3) in the case of a program that is not funded through a
State (including a national service program that a nonprofit organization seeks to operate in 2 or more States), consult with
and coordinate activities with the State Commission for each
State in which the program will operate, and the Corporation
shall obtain confirmation from the State Commission that the
applicant seeking assistance under this Act has consulted with
and coordinated with the State Commission when seeking to
operate the program in that State.
(d) EVALUATION AND PERFORMANCE GOALS.—
(1) IN GENERAL.—An application submitted under section
130 shall also include an assurance by the applicant that the
applicant will—
(A) arrange for an independent evaluation of any national service program carried out using assistance provided to the applicant under section 121 or, with the approval of the Corporation, conduct an internal evaluation
of the program;
(B) apply measurable performance goals and evaluation methods (such as the use of surveys of participants
and persons served), which are to be used as part of such
evaluation to determine the impact of the program—
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 132
(i) on communities and persons served by the
projects performed by the program;
(ii) on participants who take part in the projects;
and
(iii) in such other areas as the Corporation may
require; and
(C) cooperate with any evaluation activities undertaken by the Corporation.
(2) EVALUATION.—Subject to paragraph (3), the Corporation shall develop evaluation criteria and performance goals
applicable to all national service programs carried out with assistance provided under section 121.
(3) ALTERNATIVE EVALUATION REQUIREMENTS.—The Corporation may establish alternative evaluation requirements for
national service programs based upon the amount of assistance
received under section 121 or received by a grant made by a
recipient of assistance under such section. The determination
of whether a national service program is covered by this paragraph shall be made in such manner as the Corporation may
prescribe.
(e) LIVING ALLOWANCES AND OTHER INSERVICE BENEFITS.—Except as provided in section 140(c), an application submitted under
section 130 shall also include an assurance by the applicant that
the applicant will—
(1) ensure the provision of a living allowance and other
benefits specified in section 140 to participants in any national
service program carried out by the applicant using assistance
provided under section 121; and
(2) require that each national service program that receives a grant from the applicant using such assistance will
also provide a living allowance and other benefits specified in
section 140 to participants in the program.
(f) SELECTION OF PARTICIPANTS FROM INDIVIDUALS RECRUITED
BY CORPORATION OR STATE COMMISSIONS.—The Corporation may
also require an assurance by the applicant that any national service program carried out by the applicant using assistance provided
under section 121 and any national service program supported by
a grant made by the applicant using such assistance will select a
portion of the participants for the program from among prospective
participants recruited by the Corporation or State Commissions
under section 138(d). The Corporation may specify a minimum percentage of participants to be selected from the national leadership
pool established under section 138(e) and may vary the percentage
for different types of national service programs.
SEC. 132. [42 U.S.C. 12584] INELIGIBLE SERVICE CATEGORIES.
(a) IN GENERAL.—Except as provided in subsection (b),
an application submitted to the Corporation under section 130 shall include an assurance by the applicant that any national service program carried out using assistance provided under section 121 and
any approved national service position provided to an applicant will
not be used to perform service that provides a direct benefit to
any—
(1) business organized for profit;
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Sec. 132A
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
62
(2)
(3)
(4)
service
section
labor union;
partisan political organization;
organization engaged in religious activities, unless such
does not involve the use of assistance provided under
121 or participants—
(A) to give religious instruction;
(B) to conduct worship services;
(C) to provide instruction as part of a program that includes mandatory religious education or worship;
(D) to construct or operate facilities devoted to religious instruction or worship or to maintain facilities primarily or inherently devoted to religious instruction or
worship; or
(E) to engage in any form of proselytization; or
(5) nonprofit organization that fails to comply with the restrictions contained in section 501(c) of the Internal Revenue
Code of 1986 (26 U.S.C. 501(c)), except that nothing in this section shall be construed to prevent participants from engaging
in advocacy activities undertaken at their own initiative.
(b) REGIONAL CORPORATION.—The requirement of subsection
(a) relating to an assurance regarding direct benefits to businesses
organized for profit shall not apply with respect to a Regional Corporation, as defined in section 3(g) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(g)), that is established in accordance with such Act as a for-profit corporation but that is engaging
in nonprofit activities.
SEC. 132A. [42 U.S.C. 12584a] PROHIBITED ACTIVITIES AND INELIGIBLE
ORGANIZATIONS.
(a) PROHIBITED ACTIVITIES.—An approved national service po-
sition under this subtitle may not be used for the following activities:
(1) Attempting to influence legislation.
(2) Organizing or engaging in protests, petitions, boycotts,
or strikes.
(3) Assisting, promoting, or deterring union organizing.
(4) Impairing existing contracts for services or collective
bargaining agreements.
(5) Engaging in partisan political activities, or other activities designed to influence the outcome of an election to Federal
office or the outcome of an election to a State or local public
office.
(6) Participating in, or endorsing, events or activities that
are likely to include advocacy for or against political parties,
political platforms, political candidates, proposed legislation, or
elected officials.
(7) Engaging in religious instruction, conducting worship
services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing
or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to
religious instruction or worship, or engaging in any form of
proselytization, consistent with section 132.
(8) Consistent with section 132, providing a direct benefit
to any—
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63
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 133
(A) business organized for profit;
(B) labor union;
(C) partisan political organization;
(D) nonprofit organization that fails to comply with
the restrictions contained in section 501(c) of the Internal
Revenue Code of 1986, except that nothing in this paragraph shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and
(E) organization engaged in the religious activities described in paragraph (7), unless the position is not used to
support those religious activities.
(9) Providing abortion services or referrals for receipt of
such services.
(10) Conducting a voter registration drive or using Corporation funds to conduct a voter registration drive.
(11) Carrying out such other activities as the Corporation
may prohibit.
(b) INELIGIBILITY.—No assistance provided under this subtitle
may be provided to any organization that has violated a Federal
criminal statute.
(c) NONDISPLACEMENT OF EMPLOYED WORKERS OR OTHER VOLUNTEERS.—A participant in an approved national service position
under this subtitle may not be directed to perform any services or
duties, or to engage in any activities, prohibited under the nonduplication, nondisplacement, or nonsupplantation requirements
relating to employees and volunteers in section 177.
SEC. 133. [42 U.S.C. 12585] CONSIDERATION OF APPLICATIONS.
(a) CORPORATION CONSIDERATION OF CERTAIN CRITERIA.—The
Corporation shall apply the criteria described in subsections (c) and
(d) in determining whether—
(1) to approve an application submitted under section 130
and provide assistance under section 121 to the applicant; and
(2) to approve service positions described in the application
as national service positions that include the national service
educational award described in subtitle D and provide such approved national service positions to the applicant.
(b) APPLICATION TO SUBGRANTS.—
(1) IN GENERAL.—A State or other entity that uses assistance provided under section 121(a) to support national service
programs selected on a competitive basis to receive a share of
the assistance shall use the criteria described in subsections (c)
and (d) when considering an application submitted by a national service program to receive a portion of such assistance
or an approved national service position.
(2) CONTENTS.—The application of the State or other entity
under section 130 shall contain—
(A) a certification that the State or other entity used
these criteria in the selection of national service programs
to receive assistance;
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Sec. 133
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
64
scriptions of specific tasks to be performed by such participants; and
(C) a description of the minimum qualifications that
individuals shall meet to become participants in such programs.
(c) ASSISTANCE CRITERIA.—The criteria required to be applied
in evaluating applications submitted under section 130 are as follows:
(1) The quality of the national service program proposed to
be carried out directly by the applicant or supported by a grant
from the applicant.
(2) The innovative aspects of the national service program,
and the feasibility of replicating the program.
(3) The sustainability of the national service program,
based on evidence such as the existence—
(A) of strong and broad-based community support for
the program; and
(B) of multiple funding sources or private funding for
the program.
(4) The quality of the leadership of the national service
program, the past performance of the program, and the extent
to which the program builds on existing programs.
(5) The extent to which participants of the national service
program are recruited from among residents of the communities in which projects are to be conducted, and the extent to
which participants and community residents are involved in
the design, leadership, and operation of the program.
(6) The extent to which projects would be conducted in the
following areas where they are needed most:
(A) Communities designated as empowerment zones or
redevelopment areas, targeted for special economic incentives, or otherwise identifiable as having high concentrations of low-income people.
(B) Areas that are environmentally distressed.
(C) Areas adversely affected by Federal actions related
to the management of Federal lands that result in significant regional job losses and economic dislocation.
(D) Areas adversely affected by reductions in defense
spending or the closure or realignment of military installations.
(E) Areas that have an unemployment rate greater
than the national average unemployment for the most recent 12 months for which satisfactory data are available.
(7) In the case of applicants other than States, the extent
to which the application is consistent with the application
under section 130 of the State in which the projects would be
conducted.
(8) Such other criteria as the Corporation considers to be
appropriate.
(d) OTHER CONSIDERATIONS.—
(1) GEOGRAPHIC DIVERSITY.—The Corporation shall ensure
that recipients of assistance provided under section 121 are
geographically diverse and include projects to be conducted in
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65
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 133
those urban and rural areas in a State with the highest rates
of poverty.
(2) PRIORITIES.—The Corporation may designate, under
such criteria as may be established by the Corporation, certain
national service programs or types of national service programs
described in subsection (a), (b), or (c) of section 122 for priority
consideration in the competitive distribution of funds under
section 129(d). In designating national service programs to receive priority, the Corporation may include—
(A) national service programs that—
(i) conform to the national service priorities in effect under section 122(f);
(ii) are innovative; and
(iii) are well established in 1 or more States at the
time of the application and are proposed to be expanded to additional States using assistance provided
under section 121;
(B) grant programs in support of other national service
programs if the grant programs are to be conducted by
nonprofit organizations with demonstrated and extensive
expertise in the provision of services to meet human, educational, environmental, or public safety needs; and
(C) professional corps programs described in section
122(c)(1)(D).
(3) ADDITIONAL PRIORITY.—In making a competitive distribution of funds under section 129(d), the Corporation may
give priority consideration to a national service program that
is—
(A) proposed in an application submitted by a State
Commission; and
(B) not one of the types of programs described in paragraph (2),
if the State Commission provides an adequate explanation of
the reasons why it should not be a priority of such State to
carry out any of such types of programs in the State.
(4) REVIEW PANEL.—The Corporation shall—
(A) establish panels of experts for the purpose of securing recommendations on applications submitted under
section 130 for more than $250,000 in assistance, or for
national service positions that would require more than
$250,000 in national service educational awards; and
(B) consider the opinions of such panels prior to making such determinations.
(e) EMPHASIS ON AREAS MOST IN NEED.—In making assistance
available under section 121 and in providing approved national
service positions under section 123, the Corporation shall ensure
that not less than 50 percent of the total amount of assistance to
be distributed to States under subsections (d) and (e) of section 129
for a fiscal year is provided to carry out or support national service
programs and projects that—
(1) are conducted in any of the areas described in subsection (c)(6) or on Federal or other public lands, to address
unmet human, educational, environmental, or public safety
needs in such areas or on such lands; and
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Sec. 137
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
66
(2) place a priority on the recruitment of participants who
are residents of any of such areas or Federal or other public
lands.
(f) VIEWS OF STATE COMMISSION.—In making competitive
awards under section 129(d), the Corporation shall solicit and consider the views of a State Commission regarding any application
for assistance to carry out a national service program within the
State.
(g) REJECTION OF STATE APPLICATIONS.—
(1) NOTIFICATION OF STATE APPLICANTS.—If the Corporation rejects an application submitted by a State Commission
under section 130 for funds described in section 129(e), the
Corporation shall promptly notify the State Commission of the
reasons for the rejection of the application.
(2) RESUBMISSION AND RECONSIDERATION.—The Corporation shall provide a State Commission notified under paragraph (1) with a reasonable opportunity to revise and resubmit
the application. At the request of the State Commission, the
Corporation shall provide technical assistance to the State
Commission as part of the resubmission process. The Corporation shall promptly reconsider an application resubmitted
under this paragraph.
(3) REALLOTMENT.—The amount of any State’s allotment
under section 129(e) for a fiscal year that the Corporation determines will not be provided for that fiscal year shall be available for distribution by the Corporation as provided in section
129(f).
PART III—NATIONAL SERVICE PARTICIPANTS
SEC. 137. [42 U.S.C. 12591] DESCRIPTION OF PARTICIPANTS.
(a) IN GENERAL.—For purposes of this subtitle, an
individual
shall be considered to be a participant in a national service program carried out using assistance provided under section 121 if the
individual—
(1) meets such eligibility requirements, directly related to
the tasks to be accomplished, as may be established by the program;
(2) is selected by the program to serve in a position with
the program;
(3) is 17 years of age or older at the time the individual
begins the term of service;
(4) has received a high school diploma or its equivalent,
agrees to obtain a high school diploma or its equivalent (unless
this requirement is waived based on an individual education
assessment conducted by the program) and the individual did
not drop out of an elementary or secondary school to enroll in
the program, or is enrolled in an institution of higher education on an ability to benefit basis and is considered eligible
for funds under section 484 of the Higher Education Act of
1965 (20 U.S.C. 1091); and
(5) is a citizen or national of the United States or lawful
permanent resident alien of the United States.
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67
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 138
(b) SPECIAL RULES FOR CERTAIN YOUTH PROGRAMS.—An individual shall be considered to be a participant in a youth corps program described in section 122(a)(3)(B)(x) that is carried out with
assistance provided under section 121(a) if the individual—
(1) satisfies the requirements specified in subsection (a),
except paragraph (3) of such subsection; and
(2) is between the ages of 16 and 25, inclusive, at the time
the individual begins the term of service.
(c) WAIVER.—The Corporation may waive the requirements of
subsection (a)(4) with respect to an individual if the program in
which the individual seeks to become a participant conducts an
independent evaluation demonstrating that the individual is incapable of obtaining a high school diploma or its equivalent.
SEC. 138. [42 U.S.C. 12592] SELECTION OF NATIONAL SERVICE PARTICIPANTS.
(a) SELECTION PROCESS.—Subject to subsections (b) and (c) and
section 131(f), the actual recruitment and selection of an individual
to serve in a national service program receiving assistance under
section 121 or to fill an approved national service position shall be
conducted by the entity to which the assistance and approved national service positions are provided.
(b) NONDISCRIMINATION AND NONPOLITICAL SELECTION OF PARTICIPANTS.—The recruitment and selection of individuals to serve
in national service programs receiving assistance under section 121
or to fill approved national service positions shall be consistent
with the requirements of section 175.
(c) SECOND TERM.—Acceptance into a national service program
to serve a second term of service under section 139 shall only be
available to individuals who perform satisfactorily in their first
term of service.
(d) RECRUITMENT AND PLACEMENT.—The Corporation and each
State Commission shall establish a system to recruit individuals
who desire to perform national service and to assist the placement
of these individuals in approved national service positions, which
may include positions available under titles I and II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.). The Corporation and State Commissions shall disseminate information regarding available approved national service positions through cooperation with secondary schools, institutions of higher education,
employment service offices, State vocational rehabilitation agencies
within the meaning of the Rehabilitation Act of 1973 (29 U.S.C.
701 et seq.) and other State agencies that primarily serve individuals with disabilities, and other appropriate entities, particularly
those organizations that provide outreach to disadvantaged youths
and youths who are individuals with disabilities.
(e) NATIONAL LEADERSHIP POOL.—
(1) SELECTION AND TRAINING.—From among individuals recruited under subsection (d), the Corporation may select individuals with significant leadership potential, as determined by
the Corporation, to receive special training to enhance their
leadership ability. The leadership training shall be provided by
the Corporation directly or through a grant or contract.
(2) EMPHASIS ON CERTAIN INDIVIDUALS.—In selecting individuals to receive leadership training under this subsection,
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Sec. 139
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
68
the Corporation shall make special efforts to select individuals
who have served—
(A) in the Peace Corps;
(B) as VISTA volunteers;
(C) as participants in national service programs receiving assistance under section 121, particularly those
who were considered, at the time of their service, disadvantaged youth;
(D) as participants in programs receiving assistance
under subtitle D of the National and Community Service
Act of 1990, as in effect on the day before the date of enactment of this subtitle; or
(E) as members of the Armed Forces of the United
States and who were honorably discharged from such service.
(3) ASSIGNMENT.—At the request of a program that receives assistance under the national service laws, the Corporation may assign an individual who receives leadership training
under paragraph (1) to work with the program in a leadership
position and carry out assignments not otherwise performed by
regular participants. An individual assigned to a program shall
be considered to be a participant of the program.
(f) EVALUATION OF SERVICE.—The Corporation shall issue regulations regarding the manner and criteria by which the service of
a participant shall be evaluated to determine whether the service
is satisfactory and successful for purposes of eligibility for a second
term of service or a national service educational award.
SEC. 139. [42 U.S.C. 12593] TERMS OF SERVICE.
(a) IN GENERAL.—As a condition of receiving
a national service
education award under subtitle D, a participant in an approved national service position shall be required to perform full- or parttime national service for at least one term of service specified in
subsection (b).
(b) TERM OF SERVICE.—
(1) FULL-TIME SERVICE.—An individual performing fulltime national service in an approved national service position
shall agree to participate in the program sponsoring the position for not less than 1,700 hours during a period of not more
than 1 year.
(2) PART-TIME SERVICE.—Except as provided in paragraph
(3), an individual performing part-time national service in an
approved national service position shall agree to participate in
the program sponsoring the position for not less than 900
hours during a period of not more than 2 years.
(3) REDUCTION IN HOURS OF PART-TIME SERVICE.—The Corporation may reduce the number of hours required to be served
to successfully complete part-time national service to a level
determined by the Corporation, except that any reduction in
the required term of service shall include a corresponding reduction in the amount of any national service educational
award that may be available under subtitle D with regard to
that service.
(4) EXTENSION OF TERM FOR DISASTER PURPOSES.—
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69
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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(A) EXTENSION.—An individual in an approved national service position performing service directly related
to disaster relief efforts may continue in a term of service
for a period of 90 days beyond the period otherwise specified in, as appropriate, this subsection or section 153(d) or
in section 104 of the Domestic Volunteer Service Act of
1973 (42 U.S.C. 4954).
(B) SINGLE TERM OF SERVICE.—A period of service performed by an individual in an originally-agreed to term of
service and service performed under this paragraph shall
constitute a single term of service for purposes of subsections (b)(1) and (c) of section 146.
(C) BENEFITS.—An individual performing service
under this paragraph may continue to receive a living allowance and other benefits under section 140 but may not
receive an additional national service educational award
under section 141.
(c) RELEASE FROM COMPLETING TERM OF SERVICE.—
(1) RELEASE AUTHORIZED.—A recipient of assistance under
section 121 or a program sponsoring an approved national
service position may release a participant from completing a
term of service in the position—
(A) for compelling personal circumstances as determined by the organization responsible for granting the release, if the participant has otherwise performed satisfactorily and has completed at least 15 percent of the term of
service; or
(B) for cause.
(2) EFFECT OF RELEASE FOR COMPELLING CIRCUMSTANCES.—If a participant eligible for release under paragraph (1)(A) is serving in an approved national service position, the recipient of assistance under section 121 or a program
sponsoring an approved national service position may elect—
(A) to grant such release and certify the participant’s
eligibility for that portion of the national service educational award corresponding to the portion of the term of
service actually completed, as provided in section 147(c); or
(B) to permit the participant to temporarily suspend
performance of the term of service for a period of up to 2
years (and such additional period as the Corporation may
allow for extenuating circumstances) and, upon completion
of such period, to complete the remainder of the term of
service and obtain the entire national service educational
award.
(3) EFFECT OF RELEASE FOR CAUSE.—A participant released
for cause may not receive any portion of the national service
educational award.
SEC. 140. [42 U.S.C. 12594] LIVING ALLOWANCES FOR NATIONAL SERVICE PARTICIPANTS.
(a) PROVISION OF LIVING ALLOWANCE.—
(1) LIVING ALLOWANCE REQUIRED.—Subject to paragraphs
(2) and (3), a national service program carried out using assistance provided under section 121 shall provide to each participant who participates on a full-time basis in the program a livMay 19, 2009
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
70
ing allowance in an amount equal to or greater than the average annual subsistence allowance provided to VISTA volunteers under section 105 of the Domestic Volunteer Service Act
of 1973 (42 U.S.C. 4955).
(2) MAXIMUM LIVING ALLOWANCE.—Except as provided in
subsection (c), the total amount of an annual living allowance
that may be provided to a participant in a national service program shall not exceed 200 percent of the average annual subsistence allowance provided to VISTA volunteers under section
105 of the Domestic Volunteer Service Act of 1973 (42 U.S.C.
4955).
(3) FEDERAL WORK-STUDY STUDENTS.—The living allowance
that may be provided under paragraph (1) to an individual
whose term of service includes hours for which the individual
receives a Federal work-study award under part C of title IV
of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq.)
shall be reduced by the amount of the individual’s Federal
work study award.
(4) PRORATION OF LIVING ALLOWANCE.—The amount provided as a living allowance under this subsection shall be prorated in the case of a participant who is authorized to serve
a term of service that is less than 12 months.
(5) WAIVER OR REDUCTION OF LIVING ALLOWANCE.—The
Corporation may waive or reduce the requirement of paragraph (1) with respect to such national service program if such
program demonstrates that—
(A) such requirement is inconsistent with the objectives of the program; and
(B) the amount of the living allowance that will be
provided to each full-time participant is sufficient to meet
the necessary costs of living (including food, housing, and
transportation) in the area in which the program is located.
(6) EXEMPTION.—The requirement of paragraph (1) shall
not apply to any program that was in existence on the date of
the enactment of the National and Community Service Trust
Act of 1993.
(b) COVERAGE OF CERTAIN EMPLOYMENT-RELATED TAXES.—To
the extent a national service program that receives assistance
under section 121 is subject, with respect to the participants in the
program, to the taxes imposed on an employer under sections 3111
and 3301 of the Internal Revenue Code of 1986 (26 U.S.C. 3111,
3301) and taxes imposed on an employer under a workmen’s compensation act, the assistance provided to the program under section
121 may be used to pay the taxes described in this subsection.
(c) EXCEPTION FROM MAXIMUM LIVING ALLOWANCE FOR CERTAIN ASSISTANCE.—A professional corps program described in section 122(c)(1)(D) that desires to provide a living allowance in excess
of the maximum allowance authorized in subsection (a)(2) may still
apply for such assistance, except that—
(1) any assistance provided to the applicant under section
121 may not be used to pay for any portion of the allowance;
and
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71
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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(2) the national service program shall be operated directly
by the applicant and shall meet urgent, unmet human, educational, environmental, or public safety needs, as determined
by the Corporation.
(d) HEALTH INSURANCE.—
(1) IN GENERAL.—A State or other recipient of assistance
under section 121 shall provide or make available a basic
health care policy for each full-time participant in a national
service program carried out or supported using the assistance,
if the participant is not otherwise covered by a health care policy. The Corporation shall establish minimum standards that
all plans must meet in order to qualify for payment under this
part, any circumstances in which an alternative health care
policy may be substituted for the basic health care policy, and
mechanisms to prohibit participants from dropping existing
coverage.
(2) OPTION.—A State or other recipient of assistance under
section 121 may elect to provide from its own funds or make
available a health care policy for participants that does not
meet all of the standards established by the Corporation if the
fair market value of such policy is equal to or greater than the
fair market value of a plan that meets the minimum standards
established by the Corporation, and is consistent with other
applicable laws.
(e) CHILD CARE.—
(1) AVAILABILITY.—A State or other recipient of assistance
under section 121 shall—
(A) make child care available for children of each fulltime participant who needs child care in order to participate in a national service program carried out or supported by the recipient using the assistance; or
(B) provide a child care allowance to each full-time
participant in a national service program who needs such
assistance in order to participate in the program.
(2) GUIDELINES.—The Corporation shall establish guidelines regarding the circumstances under which child care shall
be made available under this subsection and the value of any
allowance to be provided.
(f) INDIVIDUALIZED SUPPORT SERVICES.—A State or other recipient of assistance under section 121 shall provide reasonable accommodation, including auxiliary aids and services (as defined in
section 3(1) of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102(1))), based on the individualized need of a participant
who is a qualified individual with a disability (as defined in section
101(8) of such Act (42 U.S.C. 12111(8))).
SEC. 141. [42 U.S.C. 12595] NATIONAL SERVICE EDUCATIONAL AWARDS.
(a) ELIGIBILITY GENERALLY.—A participant in a national serv-
ice program carried out using assistance provided to an applicant
under section 121 shall be eligible for the national service educational award described in subtitle D if the participant—
(1) serves in an approved national service position; and
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
72
(2) satisfies the eligibility requirements specified in section
146 with respect to service in that approved national service
position.
(b) SPECIAL RULE FOR VISTA VOLUNTEERS.—A VISTA volunteer who serves in an approved national service position shall be
ineligible for a national service educational award if the VISTA volunteer accepts the stipend authorized under section 105(a)(1) of the
Domestic Volunteer Service Act of 1973 (42 U.S.C. 4955(a)(1)).
Subtitle D—National Service Trust and
Provision of Educational Awards
SEC. 145. [42 U.S.C. 12601] ESTABLISHMENT OF THE NATIONAL SERVICE TRUST.
(a) ESTABLISHMENT.—There is established in the Treasury of
the United States an account to be known as the National Service
Trust. The Trust shall consist of—
(1) from the amounts appropriated to the Corporation and
made available to carry out this subtitle, such amounts as the
Corporation may designate to be available for the payment of—
(A) national service educational awards, summer of
service educational awards, and silver scholar educational
awards; and
(B) interest expenses pursuant to section 148(e);
(2) any amounts received by the Corporation as gifts, bequests, devises, or otherwise pursuant to section 196(a)(2), if
the terms of such donations direct that the donated amounts
be deposited in the National Service Trust;
(3) any amounts recovered by the Corporation pursuant to
section 146A; and
(4) the interest on, and proceeds from the sale or redemption of, any obligations held by the Trust.
(b) INVESTMENT OF TRUST.—It shall be the duty of the Secretary of the Treasury to invest in full the amounts appropriated
to the Trust. Except as otherwise expressly provided in instruments concerning a gift, bequest, devise, or other donation and
agreed to by the Corporation, such investments may be made only
in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United
States. For such purpose, such obligations may be acquired on
original issue at the issue price or by purchase of outstanding obligations at the market price. Any obligation acquired by the Trust
may be sold by the Secretary at the market price.
(c) EXPENDITURES FROM TRUST.—Amounts in the Trust shall
be available, to the extent provided for in advance by appropriation, for—
(1) payments of national service educational awards, summer of service educational awards, and silver scholar educational awards in accordance with section 148; and
(2) payments of interest in accordance with section 148(e).
(d) REPORTS TO THE AUTHORIZING COMMITTEES ON RECEIPTS
AND EXPENDITURES.—Not later than March 1 of each year, the Corporation shall submit a report to the authorizing committees on the
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73
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 146
financial status of the Trust during the preceding fiscal year. Such
report shall—
(1) specify the amount deposited to the Trust from the
most recent appropriation to the Corporation, the amount received by the Corporation as gifts, bequests, devises, or otherwise pursuant to section 196(a)(2) during the period covered by
the report, and any amounts obtained by the Trust pursuant
to subsection (a)(3);
(2) identify the number of individuals who are currently
performing service to qualify, or have qualified, for national
service educational awards, summer of service educational
awards, or silver scholar awards;
(3) identify the number of individuals whose expectation to
receive national service educational awards, summer of service
educational awards, or silver scholar awards during the period
covered by the report—
(A) has been reduced pursuant to section 147(c); or
(B) has lapsed pursuant to section 146(d); and
(4) estimate the number of additional approved national
service positions, additional approved summer of service positions, and additional approved silver scholar positions that the
Corporation will be able to make available on the basis of any
accumulated surplus in the Trust above the amount required
to provide national service educational awards, summer of
service educational awards, or silver scholar awards to individuals identified under paragraph (2), including any amounts
available as a result of the circumstances referred to in paragraph (3).
SEC. 146. [42 U.S.C. 12602] INDIVIDUALS ELIGIBLE TO RECEIVE AN
EDUCATIONAL AWARD FROM THE TRUST.
(a) ELIGIBLE INDIVIDUALS.—An individual shall receive a na-
tional service educational award, summer of service educational
award, or silver scholar educational award from the National Service Trust if the organization responsible for the individual’s supervision in a national service program certifies that the individual—
(1) met the applicable eligibility requirements for the approved national service position, approved silver scholar position, or approved summer of service position, as appropriate, in
which the individual served;
(2)(A) for a full-time or part-time national service educational award, successfully completed the required term of
service described in subsection (b)(1) in the approved national
service position;
(B) for a partial educational award in accordance with section 139(c)—
(i) satisfactorily performed prior to being granted a release for compelling personal circumstances under such
section; and
(ii) completed at least 15 percent of the required term
of service described in subsection (b) for the approved national service position;
(C) for a summer of service educational award, successfully
completed the required term of service described in subsection
(b)(2) in an approved summer of service position, as certified
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Sec. 146
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
74
through a process determined by the Corporation through regulations consistent with section 138(f); or
(D) for a silver scholar educational award, successfully
completed the required term of service described in subsection
(b)(3) in an approved silver scholar position, as certified
through a process determined by the Corporation through regulations consistent with section 138(f); and
(3) is a citizen or national of the United States or lawful
permanent resident alien of the United States.
(b) TERM OF SERVICE.—
(1) APPROVED NATIONAL SERVICE POSITION.—The term of
service for an approved national service position shall not be
less than the full- or part-time term of service specified in section 139(b).
(2) APPROVED SUMMER OF SERVICE POSITION.—The term of
service for an approved summer of service position shall not be
less than 100 hours of service during the summer months.
(3) APPROVED SILVER SCHOLAR POSITION.—The term of
service for an approved silver scholar position shall be not less
than 350 hours during a 1-year period.
(c) LIMITATION ON RECEIPT OF NATIONAL SERVICE EDUCATIONAL AWARDS.—An individual may not receive, through national service educational awards and silver scholar educational
awards, more than an amount equal to the aggregate value of 2
such awards for full-time service. The value of summer of service
educational awards that an individual receives shall have no effect
on the aggregate value of the national service educational awards
the individual may receive.
(d) TIME FOR USE OF EDUCATIONAL AWARD.—
(1) IN GENERAL.—Subject to paragraph (2), an individual
eligible to receive a national service educational award or a silver scholar educational award under this section may not use
such award after the end of the 7-year period beginning on the
date the individual completes the term of service in an approved national service position or an approved silver scholar
position, as applicable, that is the basis of the award. Subject
to paragraph (2), an individual eligible to receive a summer of
service educational award under this section may not use such
award after the end of the 10-year period beginning on the
date the individual completes the term of service in an approved summer of service position that is the basis of the
award.
(2) EXCEPTION.—The Corporation may extend the period
within which an individual may use a national service educational award, summer of service educational award, or silver
scholar educational award if the Corporation determines that
the individual—
(A) was unavoidably prevented from using the national service educational award, summer of service educational award, or silver scholar educational award during
the original 7-year period, or 10-year period, as appropriate; or
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75
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 146
(B) performed another term of service in an approved
national service position, approved summer of service position, or approved silver scholar position during that period.
(3) TERM FOR TRANSFERRED EDUCATIONAL AWARDS.—For
purposes of applying paragraphs (1) and (2)(A) to an individual
who is eligible to receive an educational award as a designated
individual (as defined in section 148(f)(8)), references to a
seven-year period shall be considered to be references to a 10year period that begins on the date the individual who transferred the educational award to the designated individual completed the term of service in the approved national service position or approved silver scholar position that is the basis of
the award.
(e) SUSPENSION OF ELIGIBILITY FOR DRUG-RELATED OFFENSES.—
(1) IN GENERAL.—An individual who, after qualifying
under this section or under section 119(c)(8) as an eligible individual, has been convicted under any Federal or State law of
the possession or sale of a controlled substance shall not be eligible to receive a national service educational award, a summer of service educational award, or a silver scholar educational award during the period beginning on the date of such
conviction and ending after the interval specified in the following table:
If convicted of:
The possession of a controlled substance:
1st conviction ...................................................................
2nd conviction .................................................................
3rd conviction ..................................................................
The sale of a controlled substance:
1st conviction ...................................................................
2nd conviction .................................................................
Ineligibility period is:
1 year
2 years
indefinite
2 years
indefinite
(2) REHABILITATION.—An individual whose eligibility has
been suspended under paragraph (1) shall resume eligibility
before the end of the period determined under such paragraph
if the individual satisfactorily completes a drug rehabilitation
program that complies with such criteria as the Corporation
shall prescribe for purposes of this paragraph.
(3) FIRST CONVICTIONS.—An individual whose eligibility
has been suspended under paragraph (1) and is convicted of a
first offense may resume eligibility before the end of the period
determined under such paragraph if the individual demonstrates that he or she has enrolled or been accepted for enrollment in a drug rehabilitation program described in paragraph (2).
(4) DEFINITIONS.—As used in this subsection, the term
‘‘controlled substance’’ has the meaning given in section 102(6)
of the Controlled Substances Act (21 U.S.C. 802(6)).
(5) EFFECTIVE DATE.—This subsection shall be effective
upon publication by the Corporation in the Federal Register of
criteria prescribed under paragraph (2).
(f) AUTHORITY TO ESTABLISH DEMONSTRATION PROGRAMS.—The
Corporation may establish by regulation demonstration programs
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Sec. 146A
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
76
for the creation and evaluation of innovative volunteer and community service programs.
SEC. 146A. [42 U.S.C. 12602a] CERTIFICATIONS OF SUCCESSFUL COMPLETION OF TERMS OF SERVICE.
(a) CERTIFICATIONS.—In making any authorized disbursement
from the National Service Trust in regard to an eligible individual
(including disbursement for a designated individual, as defined in
section 148(f)(8), due to the service of an eligible individual) under
section 146 who served in an approved national service position, an
approved summer of service position, or an approved silver scholar
position, the Corporation shall rely on a certification. The certification shall be made by the entity that selected the individual for
and supervised the individual in the approved national service position in which such individual successfully completed a required
term of service, in a national service program.
(b) EFFECT OF ERRONEOUS CERTIFICATIONS.—If the Corporation determines that the certification under subsection (a) is erroneous or incorrect, the Corporation shall assess against the national service program a charge for the amount of any associated
payment or potential payment from the National Service Trust. In
assessing the amount of the charge, the Corporation shall consider
the full facts and circumstances surrounding the erroneous or incorrect certification.
SEC. 147. [42 U.S.C. 12603] DETERMINATION OF THE AMOUNT OF THE
EDUCATIONAL AWARD.
(a) AMOUNT FOR FULL-TIME NATIONAL SERVICE.—Except as
provided in subsection (c), an individual described in section 146(a)
who successfully completes a required term of full-time national
service in an approved national service position shall receive a national service educational award having a value equal to the maximum amount of a Federal Pell Grant under section 401 of the
Higher Education Act of 1965 (20 U.S.C. 1070a) that a student eligible for such Grant may receive in the aggregate (without regard
to whether the funds are provided through discretionary or mandatory appropriations), for the award year for which the national
service position is approved by the Corporation.
(b) AMOUNT FOR PART-TIME NATIONAL SERVICE.—Except as
provided in subsection (c), an individual described in section 146(a)
who successfully completes a required term of part-time national
service in an approved national service position shall receive a national service educational award having a value equal to 50 percent
of value of the national service educational award determined
under subsection (a).
(c) AWARD FOR PARTIAL COMPLETION OF SERVICE.—If an individual serving in an approved national service position is released
in accordance with section 139(c)(1)(A) from completing the fulltime or part-time term of service agreed to by the individual, the
Corporation may provide the individual with that portion of the national service educational award approved for the individual that
corresponds to the quantity of the term of service actually completed by the individual.
(d) AMOUNT FOR SUMMER OF SERVICE.—An individual described in section 146(a) who successfully completes a required
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77
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 148
summer of service term shall receive a summer of service educational award having a value, for each of not more than 2 of such
terms of service, equal to $500 (or, at the discretion of the Chief
Executive Officer, equal to $750 in the case of a participant who
is economically disadvantaged).
(e) AMOUNT FOR SILVER SCHOLARS.—An individual described in
section 146(a) who successfully completes a required silver scholar
term shall receive a silver scholar educational award having a
value of $1,000.
SEC. 148. [42 U.S.C. 12604] DISBURSEMENT OF EDUCATIONAL AWARDS.
(a) IN GENERAL.—Amounts in the Trust shall be available—
(1) to repay student loans in accordance with subsection
(b);
(2) to pay all or part of the cost of attendance or other educational expenses at an institution of higher education in accordance with subsection (c);
(3) to pay expenses incurred in participating in an approved school-to-work program in accordance with subsection
(d);
(4) to pay expenses incurred in enrolling in an educational
institution or training establishment that is approved under
chapter 36 of title 38, United States Code, or other applicable
provisions of law, for offering programs of education, apprenticeship, or on-job training for which educational assistance
may be provided by the Secretary of Veterans Affairs; and
(5) to pay interest expenses in accordance with regulations
prescribed pursuant to subsection (e).
(b) USE OF EDUCATIONAL AWARD TO REPAY OUTSTANDING STUDENT LOANS.—
(1) APPLICATION BY ELIGIBLE INDIVIDUALS.—An eligible individual under section 146 who desires to apply the national
service educational award of the individual, an eligible individual under section 146(a) who served in a summer of service
program and desires to apply that individual’s summer of service educational award, or an eligible individual under section
146(a) who served in a silver scholar program and desires to
apply that individual’s silver scholar educational award, to the
repayment of qualified student loans shall submit, in a manner
prescribed by the Corporation, an application to the Corporation that—
(A) identifies, or permits the Corporation to identify
readily, the holder or holders of such loans;
(B) indicates, or permits the Corporation to determine
readily, the amounts of principal and interest outstanding
on the loans;
(C) specifies, if the outstanding balance is greater than
the amount disbursed under paragraph (2), which of the
loans the individual prefers to be paid by the Corporation;
and
(D) contains or is accompanied by such other information as the Corporation may require.
(2) DISBURSEMENT OF REPAYMENTS.—Upon receipt of an
application from an eligible individual of an application that
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Sec. 148
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
78
complies with paragraph (1), the Corporation shall, as promptly as practicable consistent with paragraph (5), disburse the
amount of the national service educational award, the summer
of service educational award, or the silver scholar educational
award, as applicable, that the eligible individual has earned.
Such disbursement shall be made by check or other means that
is payable to the holder of the loan and requires the endorsement or other certification by the eligible individual.
(3) APPLICATION OF DISBURSED AMOUNTS.—If the amount
disbursed under paragraph (2) is less than the principal and
accrued interest on any qualified student loan, such amount
shall be applied according to the specified priorities of the individual.
(4) REPORTS BY HOLDERS.—Any holder receiving a loan
payment pursuant to this subsection shall submit to the Corporation such information as the Corporation may require to
verify that such payment was applied in accordance with this
subsection and any regulations prescribed to carry out this
subsection.
(5) NOTIFICATION OF INDIVIDUAL.—The Corporation upon
disbursing the national service educational award, the summer
of service educational award, or the silver scholar educational
award, as applicable, shall notify the individual of the amount
paid for each outstanding loan and the date of payment.
(6) AUTHORITY TO AGGREGATE PAYMENTS.—The Corporation may, by regulation, provide for the aggregation of payments to holders under this subsection.
(7) DEFINITION OF QUALIFIED STUDENT LOANS.—As used in
this subsection, the term ‘‘qualified student loans’’ means—
(A) any loan made, insured, or guaranteed pursuant to
title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.), other than a loan to a parent of a student
pursuant to section 428B of such Act (20 U.S.C. 1078–2);
(B) any loan made pursuant to title VII or VIII of the
Public Health Service Act (42 U.S.C. 292a et seq.); and
(C) any loan (other than a loan described in subparagraph (A) or (B)) determined by an institution of higher
education to be necessary to cover a student’s educational
expenses and made, insured, or guaranteed by—
(i) an eligible lender, as defined in section 435 of
the Higher Education Act of 1965 (20 U.S.C. 1085);
(ii) the direct student loan program under part D
of title IV of such Act (20 U.S.C. 1087a et seq.);
(iii) a State agency; or
(iv) a lender otherwise determined by the Corporation to be eligible to receive disbursements from the
National Service Trust.
(8) DEFINITION OF HOLDER.—As used in this subsection,
the term ‘‘holder’’ with respect to any eligible loan means the
original lender or, if the loan is subsequently sold, transferred,
or assigned to some other person, and such other person acquires a legally enforceable right to receive payments from the
borrower, such other person.
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79
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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(c) USE OF EDUCATIONAL AWARDS TO PAY CURRENT EDUEXPENSES.—
(1) APPLICATION BY ELIGIBLE INDIVIDUAL.—An eligible individual under section 146 who desires to apply the individual’s
national service educational award, an eligible individual
under section 146(a) who desires to apply the individual’s summer of service educational award, or an eligible individual
under section 146(a) who served in a silver scholar program
and desires to apply that individual’s silver scholar educational
award, to the payment of current full-time or part-time educational expenses shall, on a form prescribed by the Corporation, submit an application to the institution of higher education in which the student will be enrolled that contains such
information as the Corporation may require to verify the individual’s eligibility.
(2) SUBMISSION OF REQUESTS FOR PAYMENT BY INSTITUTIONS.—An institution of higher education that receives one or
more applications that comply with paragraph (1) shall submit
to the Corporation a statement, in a manner prescribed by the
Corporation, that—
(A) identifies each eligible individual filing an application under paragraph (1) for a disbursement of the individual’s national service educational award, summer of service educational award, or silver scholar educational award,
as applicable, under this subsection;
(B) specifies the amounts for which such eligible individuals are, consistent with paragraph (6), qualified for
disbursement under this subsection;
(C) certifies that—
(i) the institution of higher education has in effect
a program participation agreement under section 487
of the Higher Education Act of 1965 (20 U.S.C. 1094);
(ii) the institution’s eligibility to participate in any
of the programs under title IV of such Act (20 U.S.C.
1070 et seq.) has not been limited, suspended, or terminated; and
(iii) individuals using national service educational
awards, summer of service educational awards, or silver scholar educational awards, as applicable, received
under this subtitle to pay for educational costs do not
comprise more than 15 percent of the total student
population of the institution; and
(D) contains such provisions concerning financial compliance as the Corporation may require.
(3) DISBURSEMENT OF PAYMENTS.—Upon receipt of a statement from an institution of higher education that complies
with paragraph (2), the Corporation shall, subject to paragraph
(4), disburse the total amount of the national service educational awards summer of service educational awards, or silver scholar educational awards for which eligible individuals
who have submitted applications to that institution under
paragraph (1) are scheduled to receive. Such disbursement
shall be made by check or other means that is payable to the
CATIONAL
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
80
institution and requires the endorsement or other certification
by the eligible individual.
(4) MULTIPLE DISBURSEMENTS REQUIRED.—The total
amount required to be disbursed to an institution of higher
education under paragraph (3) for any period of enrollment
shall be disbursed by the Corporation in 2 or more installments, none of which exceeds 1⁄2 of such total amount. The interval between the first and second such installment shall not
be less than 1⁄2 of such period of enrollment, except as necessary to permit the second installment to be paid at the beginning of the second semester, quarter, or similar division of
such period of enrollment.
(5) REFUND RULES.—The Corporation shall, by regulation,
provide for the refund to the Corporation (and the crediting to
the national service educational award, summer of service educational award, or silver scholar educational award, as applicable, of an eligible individual) of amounts disbursed to institutions for the benefit of eligible individuals who withdraw or
otherwise fail to complete the period of enrollment for which
the assistance was provided. Such regulations shall be consistent with the fair and equitable refund policies required of
institutions pursuant to section 484B of the Higher Education
Act of 1965 (20 U.S.C. 1091b). Amounts refunded to the Trust
pursuant to this paragraph may be used by the Corporation to
fund additional approved national service positions under subtitle C, additional approved summer of service positions, and
additional approved silver scholar positions.
(6) MAXIMUM AWARD.—The portion of an eligible individual’s total available national service educational award, summer of service educational award, or silver scholar educational
award that may be disbursed under this subsection for any period of enrollment shall not exceed the difference between—
(A) the eligible individual’s cost of attendance and
other educational expenses for such period of enrollment,
determined in accordance with section 472 of the Higher
Education Act of 1965 (20 U.S.C. 1087ll); and
(B) the student’s estimated financial assistance for
such period under part A of title IV of such Act (20 U.S.C.
1070 et seq.).
(d) USE OF EDUCATIONAL AWARD TO PARTICIPATE IN APPROVED
SCHOOL-TO-WORK PROGRAMS.—The Corporation shall by regulation
provide for the payment of national service educational awards,
summer of service educational awards, and silver scholar educational awards to permit eligible individuals to participate in
school-to-work programs approved by the Secretaries of Labor and
Education.
(e) INTEREST PAYMENTS DURING FORBEARANCE ON LOAN REPAYMENT.—The Corporation shall provide by regulation for the payment on behalf of an eligible individual of interest that accrues
during a period for which such individual has obtained forbearance
in the repayment of a qualified student loan (as defined in subsection (b)(7)), if the eligible individual successfully completes the
individual’s required term of service (as determined under section
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81
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 148
146(b)). Such regulations shall be prescribed after consultation
with the Secretary of Education.
(f) TRANSFER OF EDUCATIONAL AWARDS.—
(1) IN GENERAL.—An individual who is eligible to receive
a national service educational award or silver scholar educational award due to service in a program described in paragraph (2) may elect to receive the award (in the amount described in the corresponding provision of section 147) and
transfer the award to a designated individual. Subsections (b),
(c), and (d) shall apply to the designated individual in lieu of
the individual who is eligible to receive the national service
educational award or silver scholar educational award, except
that amounts refunded to the account under subsection (c)(5)
on behalf of a designated individual may be used by the Corporation to fund additional placements in the national service
program in which the eligible individual who transferred the
national service educational award or silver scholar educational award participated for such award.
(2) CONDITIONS FOR TRANSFER.—An educational award
may be transferred under this subsection if—
(A)(i) the award is a national service educational
award for service in a national service program that receives a grant under subtitle C; and
(ii) before beginning the term of service involved, the
eligible individual is age 55 or older; or
(B) the award is a silver scholarship educational
award under section 198C(a).
(3) MODIFICATION OR REVOCATION.—
(A) IN GENERAL.—An individual transferring an educational award under this subsection may, on any date on
which a portion of the educational award remains unused,
modify or revoke the transfer of the educational award
with respect to that portion.
(B) NOTICE.—A modification or revocation of the transfer of an educational award under this paragraph shall be
made by the submission of written notice to the Corporation.
(4) PROHIBITION ON TREATMENT OF TRANSFERRED AWARD AS
MARITAL PROPERTY.—An educational award transferred under
this subsection may not be treated as marital property, or the
asset of a marital estate, subject to division in a divorce or
other civil proceeding.
(5) DEATH OF TRANSFEROR.—The death of an individual
transferring an educational award under this subsection shall
not affect the use of the educational award by the child, foster
child, or grandchild to whom the educational award is transferred if such educational award is transferred prior to the
death of the individual.
(6) PROCEDURES TO PREVENT WASTE, FRAUD, OR ABUSE.—
The Corporation shall establish requirements to prevent waste,
fraud, or abuse in connection with the transfer of an educational award and to protect the integrity of the educational
award under this subsection.
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Sec. 149
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
82
(7) TECHNICAL ASSISTANCE.—The Corporation may, as appropriate, provide technical assistance, to individuals and eligible entities carrying out national service programs, concerning
carrying out this subsection.
(8) DEFINITION OF A DESIGNATED INDIVIDUAL.—In this subsection, the term ‘‘designated individual’’ is an individual—
(A) whom an individual who is eligible to receive a national service educational award or silver scholar educational award due to service in a program described in
paragraph (2) designates to receive the educational award;
(B) who meets the eligibility requirements of paragraphs (3) and (4) of section 146(a); and
(C) who is a child, foster child, or grandchild of the individual described in subparagraph (A).
(g) EXCEPTION.—With the approval of the Chief Executive Officer, an approved national service program funded under section
121, may offer participants the option of waiving their right to receive a national service educational award, summer of service educational award, or silver scholar educational award, as appropriate,
in order to receive an alternative post-service benefit funded by the
program entirely with non-Federal funds.
(h) DEFINITION OF INSTITUTION OF HIGHER EDUCATION.—Notwithstanding section 101 of this Act, for purposes of this section
the term ‘‘institution of higher education’’ has the meaning provided by section 102 of the Higher Education Act of 1965.
SEC. 149. [42 U.S.C. 12606] APPROVAL PROCESS FOR APPROVED POSITIONS.
(a) TIMING AND RECORDING REQUIREMENTS.—
(1) IN GENERAL.—Notwithstanding subtitles C, D, and H,
and any other provision of law, in approving a position as an
approved national service position, an approved summer of
service position, or an approved silver scholar position, the
Corporation—
(A) shall approve the position at the time the Corporation—
(i) enters into an enforceable agreement with an
individual participant to serve in a program carried
out under subtitle E of title I of this Act, section 198B
or 198C(a), or under title I of the Domestic Volunteer
Service Act of 1973 (42 U.S.C. 4951 et seq.), a summer
of service program described in section 119(c)(8), or a
silver scholarship program described in section
198C(a); or
(ii) except as provided in clause (i), awards a grant
to (or enters into a contract or cooperative agreement
with) an entity to carry out a program for which such
a position is approved under section 123; and
(B) shall record as an obligation an estimate of the net
present value of the national service educational award,
summer of service educational award, or silver scholar
educational award associated with the position, based on a
formula that takes into consideration historical rates of enrollment in such a program, and of earning and using national service educational awards, summer of service eduMay 19, 2009
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83
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 149
cational awards, or silver scholar educational awards, as
appropriate, for such a program and remain available.
(2) FORMULA.—In determining the formula described in
paragraph (1)(B), the Corporation shall consult with the Director of the Congressional Budget Office.
(3) CERTIFICATION REPORT.—The Chief Executive Officer of
the Corporation shall annually prepare and submit to the authorizing committees a report that contains a certification that
the Corporation is in compliance with the requirements of
paragraph (1).
(4) APPROVAL.—The requirements of this subsection shall
apply to each approved national service position, approved
summer of service position, or approved silver scholarship position that the Corporation approves—
(A) during fiscal year 2010; and
(B) during any subsequent fiscal year.
(b) RESERVE ACCOUNT.—
(1) ESTABLISHMENT AND CONTENTS.—
(A) ESTABLISHMENT.—Notwithstanding subtitles C, D,
and H, and any other provision of law, within the National
Service Trust established under section 145, the Corporation shall establish a reserve account.
(B) CONTENTS.—To ensure the availability of adequate
funds to support the awards of approved national service
positions, approved summer of service positions, and approved silver scholar positions, for each fiscal year, the
Corporation shall place in the account—
(i) during fiscal year 2010, a portion of the funds
that were appropriated for fiscal year 2010 or a previous fiscal year under section 501 of this Act or section 501 of the Domestic Volunteer Service Act of 1973
(42 U.S.C. 5081), were made available to carry out
subtitle C, D, or E of this title, section 198B or
198C(a), subtitle A of title I of the Domestic Volunteer
Service Act of 1973, or summer of service programs
described in section 119(c)(8), and remain available;
and
(ii) during fiscal year 2011 or a subsequent fiscal
year, a portion of the funds that were appropriated for
that fiscal year under section 501 of this Act or section
501 of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 5081), were made available to carry out subtitle
C, D, or E of this title, section 198B or 198C(a), subtitle A of title I of the Domestic Volunteer Service Act
of 1973, or summer of service programs described in
section 119(c)(8), and remain available.
(2) OBLIGATION.—The Corporation shall not obligate the
funds in the reserve account until the Corporation—
(A) determines that the funds will not be needed for
the payment of national service educational awards associated with previously approved national service positions,
summer of service educational awards associated with previously approved summer of service positions, and silver
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Sec. 151
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
84
scholar educational awards associated with previously approved silver scholar positions; or
(B) obligates the funds for the payment of national
service educational awards for such previously approved
national service positions, summer of service educational
awards for such previously approved summer of service positions, or silver scholar educational awards for such previously approved silver scholar positions, as applicable.
(c) AUDITS.—The accounts of the Corporation relating to the
appropriated funds for approved national service positions, approved summer of service positions, and approved silver scholar positions, and the records demonstrating the manner in which the
Corporation has recorded estimates described in subsection
(a)(1)(B) as obligations, 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 standards. A report containing the results of each such independent audit shall be included in the annual report required by subsection (a)(3).
(d) AVAILABILITY OF AMOUNTS.—Except as provided in subsection (b), all amounts included in the National Service Trust
under paragraphs (1), (2), and (3) of section 145(a) shall be available for payments of national service educational awards, summer
of service educational awards, or silver scholar educational awards
under section 148.
Subtitle E—National Civilian Community
Corps
SEC. 151. [42 U.S.C. 12611] PURPOSE.
It is the purpose of this subtitle to authorize the operation of,
and support for, residential and other service programs that combine the best practices of civilian service with the best aspects of
military service, including leadership and team building, to meet
national and community needs. The needs to be met under such
programs include those needs related to—
(1) natural and other disasters;
(2) infrastructure improvement;
(3) environmental stewardship and conservation;
(4) energy conservation; and
(5) urban and rural development.
SEC. 152. [42 U.S.C. 12612] ESTABLISHMENT OF NATIONAL CIVILIAN
COMMUNITY CORPS PROGRAM.
(a) IN GENERAL.—The Corporation may establish the National
Civilian Community Corps Program to carry out the purpose of this
subtitle.
(b) PROGRAM COMPONENTS.—Under the National Civilian Community Corps Program authorized by subsection (a), the members
of a National Civilian Community Corps shall receive training and
perform service in at least one of the following two program components:
(1) A national service program.
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85
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 155
(2) A summer national service program.
(c) RESIDENTIAL COMPONENTS.—Both programs referred to in
subsection (b) may include a residential component.
SEC. 153. [42 U.S.C. 12613] NATIONAL SERVICE PROGRAM.
(a) IN GENERAL.—Under the national service program
component of the National Civilian Community Corps Program authorized by section 152(a), eligible young people shall work in teams on
National Civilian Community Corps projects.
(b) ELIGIBLE PARTICIPANTS.—A person shall be eligible for selection for the national service program if the person—
(1) is, or will be, at least 18 years of age on or before December 31 of the calendar year in which the individual enrolls
in the program, but is not more than 24 years of age as of the
date the individual begins participating in the program; and
(2) is a high school graduate or has not received a high
school diploma or its equivalent.
(c) DIVERSE BACKGROUNDS OF PARTICIPANTS.—In selecting persons for the national service program, the Director shall endeavor
to ensure that participants are from economically, geographically,
and ethnically diverse backgrounds. The Director shall take appropriate steps, including through outreach and recruitment activities,
to increase the percentage of participants in the program who are
disadvantaged youth to 50 percent of all participants by year 2012.
The Director shall report to the authorizing committees biennially
on such steps, any challenges faced, and the annual participation
rates of disadvantaged youth in the program.
(d) PERIOD OF PARTICIPATION.—Persons desiring to participate
in the national service program shall enter into an agreement with
the Director to participate in the Corps for a period of not less than
nine months and not more than one year, as specified by the Director, and may renew the agreement for not more than one additional such period.
SEC. 154. [42 U.S.C. 12614] SUMMER NATIONAL SERVICE PROGRAM.
(a) IN GENERAL.—Under the summer national service program
of the National Civilian Community Corps Program authorized by
section 152(a), a diverse group of youth aged 14 through 18 years
who are from urban or rural areas shall work in teams on National
Civilian Community Corps projects.
(b) NECESSARY PARTICIPANTS.—To the extent practicable, at
least 50 percent of the participants in the summer national service
program shall be from economically and ethnically diverse backgrounds, including youth who are in foster care.
(c) SEASONAL PROGRAM.—The training and service of Corps
members under the summer national service program in each year
shall be conducted after April 30 and before October 1 of that year.
SEC. 155. [42 U.S.C. 12615] NATIONAL CIVILIAN COMMUNITY CORPS.
(a) DIRECTOR.—Upon the establishment of the National Civil-
ian Community Corps Program, the National Civilian Community
Corps shall be under the direction of the Director appointed pursuant to section 159(c)(1).
(b) MEMBERSHIP IN NATIONAL CIVILIAN COMMUNITY
CORPS.—
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Sec. 155
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
86
(1) PARTICIPANTS TO BE MEMBERS.—Persons selected to
participate in the national service program or the summer national service program components of the Program shall become members of the National Civilian Community Corps.
(2) SELECTION OF MEMBERS.—The Director or the Director’s designee shall select individuals for membership in the
Corps.
(3) APPLICATION FOR MEMBERSHIP.—To be selected to become a Corps member an individual shall submit an application to the Director or to any other office as the Director may
designate, at such time, in such manner, and containing such
information as the Director shall require. At a minimum, the
application shall contain information about the work experience of the applicant and sufficient information to enable the
Director, or the campus director of the appropriate campus, to
determine whether selection of the applicant for membership
in the Corps is appropriate.
(4) TEAM LEADERS.—
(A) IN GENERAL.—The Director may select individuals
with prior supervisory or service experience to be team
leaders within units in the National Civilian Community
Corps, to perform service that includes leading and supervising teams of Corps members. Each team leader shall be
selected without regard to the age limitation under section
153(b).
(B) RIGHTS AND BENEFITS.—A team leader shall be
provided the same rights and benefits applicable to other
Corps members, except that the Director may increase the
limitation on the amount of the living allowance under section 158(b) by not more than 10 percent for a team leader.
(c) ORGANIZATION OF CORPS INTO UNITS.—
(1) UNITS.—The Corps shall be divided into permanent
units. Each Corps member shall be assigned to a unit.
(2) UNIT LEADERS.—The leader of each unit shall be selected from among persons in the permanent cadre established
pursuant to section 159(c)(2). The designated leader shall accompany the unit throughout the period of agreed service of
the members of the unit.
(d) CAMPUSES.—
(1) UNITS TO BE ASSIGNED TO CAMPUSES.—The units of the
Corps shall be grouped together as appropriate in campuses for
operational, support, and boarding purposes. The Corps campus for a unit shall be in a facility or central location established as the operational headquarters and boarding place for
the unit. Corps members may be housed in the campuses.
(2) CAMPUS DIRECTOR.—There shall be a campus director
for each campus. The campus director is the head of the campus.
(3) ELIGIBLE SITE FOR CAMPUS.—A campus shall be cost effective and may, upon the completion of a feasibility study, be
located in a facility referred to in section 162(c).
(e) DISTRIBUTION OF UNITS AND CAMPUSES.—The Director shall
ensure that the Corps units and campuses are cost effective and
are distributed in urban areas and rural areas such that each
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87
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 156
Corps unit in a region can be easily deployed for disaster and emergency response to such region.
(f) STANDARDS OF CONDUCT.—
(1) IN GENERAL.—The campus director of each campus
shall establish and enforce standards of conduct to promote
proper moral and disciplinary conditions in the campus.
(2) SANCTIONS.—Under procedures prescribed by the Director, the campus director of a campus may—
(A) transfer a member of the Corps in that campus to
another unit or campus if the campus director determines
that the retention of the member in the member’s unit or
in the campus director’s campus will jeopardize the enforcement of the standards or diminish the opportunities of
other Corps members in that unit or campus, as the case
may be; or
(B) dismiss a member of the Corps from the Corps if
the campus director determines that retention of the member in the Corps will jeopardize the enforcement of the
standards or diminish the opportunities of other Corps
members.
(3) APPEALS.—Under procedures prescribed by the Director, a member of the Corps may appeal to the Director a determination of a campus director to transfer or dismiss the member. The Director shall provide for expeditious disposition of
appeals under this paragraph.
SEC. 156. [42 U.S.C. 12616] TRAINING.
(a) COMMON CURRICULUM.—Each
member of the National Civilian Community Corps shall be provided with between three and
six weeks of training that includes a comprehensive service-learning curriculum designed to promote team building, discipline, leadership, work, training, citizenship, and physical conditioning. The
Director shall ensure that, to the extent practicable, each member
of the Corps is trained in CPR, first aid, and other skills related
to disaster preparedness and response.
(b) ADVANCED SERVICE TRAINING.—
(1) NATIONAL SERVICE PROGRAM.—Members of the Corps
participating in the national service program shall receive advanced training in basic, project-specific skills that the members will use in performing their community service projects,
including a focus on energy conservation, environmental stewardship or conservation, infrastructure improvement, urban
and rural development, or disaster preparedness needs, as appropriate.
(2) SUMMER NATIONAL SERVICE PROGRAM.—Members of the
Corps participating in the summer national service program
shall not receive advanced training referred to in paragraph (1)
but, to the extent practicable, may receive other training.
(c) TRAINING PERSONNEL.—
(1) IN GENERAL.—Members of the cadre appointed under
section 159(c)(2) shall provide the training for the members of
the Corps, including, as appropriate, advanced service training
and ongoing training throughout the members’ periods of
agreed service.
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Sec. 157
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
88
(2) COORDINATION WITH OTHER ENTITIES.—Members of the
cadre may provide, either directly or through grants, contracts,
or cooperative agreements, the advanced service training referred to in subsection (b)(1) in coordination with vocational or
technical schools, other employment and training providers, existing youth service programs, other qualified individuals, or
organizations with expertise in training youth, including disadvantaged youth, in the skills described in such subsection.
(d) FACILITIES.—The training may be provided at installations
and other facilities of the Department of Defense, and at National
Guard facilities, identified under section 162(c).
SEC. 157. [42 U.S.C. 12617] SERVICE PROJECTS.
(a) PROJECT REQUIREMENTS.—The service
projects carried out
by the National Civilian Community Corps shall—
(1) meet an identifiable public need, with specific emphasis
on projects in support of infrastructure improvement, energy
conservation, and urban and rural development;
(2) emphasize the performance of community service activities that provide meaningful community benefits and opportunities for service-learning and skills development;
(3) to the maximum extent practicable, encourage work to
be accomplished in teams of diverse individuals working together; and
(4) include continued education and training in various
technical fields.
(b) PROJECT PROPOSALS.—
(1) DEVELOPMENT OF PROPOSALS.—
(A) SPECIFIC EXECUTIVE DEPARTMENTS.—Upon the establishment of the Program, the Secretary of Agriculture,
the Secretary of the Interior, the Secretary of Housing and
Urban Development, the Administrator of the Environmental Protection Agency, the Administrator of the Federal Emergency Management Agency, the Secretary of Energy, the Secretary of Transportation, and the Chief of the
Forest Service shall develop proposals for Corps projects
pursuant to guidance which the Director shall prescribe.
(B) OTHER SOURCES.—Other public and private organizations and agencies, including community-based entities
and representatives of local communities in the vicinity of
a Corps campus, may develop proposals for projects for a
Corps campus. Corps members shall also be encouraged to
identify projects for the Corps.
(2) CONSULTATION REQUIREMENTS.—The process for developing project proposals under paragraph (1) shall include consultation with the Corporation, representatives of local communities, State Commissions, and persons involved in other youth
service programs.
(c) PROJECT SELECTION, ORGANIZATION, AND PERFORMANCE.—
(1) SELECTION.—The campus director of a Corps campus
shall select the projects to be performed by the members of the
Corps assigned to the units in that campus. The campus director shall select projects from among the projects proposed or
identified pursuant to subsection (b).
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89
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 158
(2) INNOVATIVE LOCAL ARRANGEMENTS FOR PROJECT PERFORMANCE.—The Director shall encourage campus directors to
negotiate with representatives of local communities, to the extent practicable, innovative arrangements for the performance
of projects. The arrangements may provide for cost-sharing and
the provision by the communities of in-kind support and other
support.
SEC. 158. [42 U.S.C. 12618] AUTHORIZED BENEFITS FOR CORPS MEMBERS.
(a) IN GENERAL.—The Director shall provide for members of
the National Civilian Community Corps to receive benefits authorized by this section.
(b) LIVING ALLOWANCE.—The Director shall provide a living allowance to members of the Corps for the period during which such
members are engaged in training or any activity on a Corps
project. The Director shall establish the amount of the allowance
at any amount not in excess of the amount equal to 100 percent
of the poverty line that is applicable to a family of two (as defined
by the Office of Management and Budget and revised annually in
accordance with section 673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902(2)).
(c) OTHER AUTHORIZED BENEFITS.—While receiving training or
engaging in service projects as members of the National Civilian
Community Corps, members may be provided the following benefits, as the Director determines appropriate:
(1) Allowances for travel expenses, personal expenses, and
other expenses.
(2) Quarters.
(3) Subsistence.
(4) Transportation.
(5) Equipment.
(6) Uniforms.
(7) Supplies.
(8) Other services determined by the Director to be consistent with the purposes of the Program.
(d) SUPPORTIVE SERVICES.—As the Director determines appropriate, the Director may provide each member of the Corps with
health care services, child care services, counseling services, and
other supportive services.
(e) POST SERVICE BENEFITS.—Upon completion of the agreed
period of service with the Corps, a member shall elect to receive
the educational assistance under subsection (f) or the cash benefit
under subsection (g).
(f) NATIONAL SERVICE EDUCATIONAL AWARDS.—A Corps member who successfully completes a period of agreed service in the
Corps may receive the national service educational award described
in subtitle D if the Corps member—
(1) serves in an approved national service position; and
(2) satisfies the eligibility requirements specified in section
146 with respect to service in that approved national service
position.
(g) ALTERNATIVE BENEFIT.—If a Corps member who successfully completes a period of agreed service in the Corps is ineligible
for the national service educational award described in subtitle D,
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Sec. 159
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
90
the Director may provide for the provision of a suitable alternative
benefit for the Corps member.
SEC. 159. [42 U.S.C. 12619] ADMINISTRATIVE PROVISIONS.
(a) SUPERVISION.—The Chief Executive Officer shall
monitor
and supervise the administration of the National Civilian Community Corps Program authorized to be established under section 152.
In carrying out this section, the Chief Executive Officer shall—
(1) approve such guidelines, including those recommended
by the Board, for the design, selection of members, and operation of the National Civilian Community Corps as the Chief
Executive Officer considers appropriate;
(2) evaluate the progress of the Corps in providing a basis
for determining the matters set forth in section 151; and
(3) carry out any other activities determined appropriate
by the Board.
(b) MONITORING AND COORDINATION.—The Chief Executive Officer shall—
(1) monitor the overall operation of the National Civilian
Community Corps;
(2) coordinate the activities of the Corps with other youth
service programs administered by the Corporation; and
(3) carry out any other activities determined appropriate
by the Board.
(c) STAFF.—
(1) DIRECTOR.—
(A) APPOINTMENT.—Upon the establishment of the
Program, the Chief Executive Officer shall appoint a Director. The Director may be selected from among retired commissioned officers of the Armed Forces of the United
States.
(B) DUTIES.—The Director shall—
(i) design, develop, and administer the National
Civilian Community Corps programs;
(ii) be responsible for managing the daily operations of the Corps; and
(iii) report to the Chief Executive Officer.
(C) AUTHORITY TO EMPLOY STAFF.—The Director may
employ such staff as is necessary to carry out this subtitle.
The Director shall, to the maximum extent practicable, utilize in staff positions personnel who are detailed from departments and agencies of the Federal Government and, to
the extent the Director considers appropriate, shall request
and accept detail of personnel from such departments and
agencies in order to do so.
(2) PERMANENT CADRE.—
(A) ESTABLISHMENT.—The Chief Executive Officer
shall establish a permanent cadre that includes the Director and other appointed supervisors and training instructors for National Civilian Community Corps programs.
(B) APPOINTMENT.—The Chief Executive Officer shall
consider the recommendations of the Director in appointing the other members of the permanent cadre.
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91
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 159
(C) EMPLOYMENT CONSIDERATIONS.—In appointing individuals to cadre positions, the Chief Executive Officer
shall—
(i) give consideration to retired, discharged, and
other inactive members and former members of the
Armed Forces recommended under section 162(b);
(ii) give consideration to former VISTA, Peace
Corps, and youth service program personnel;
(iii) ensure that the cadre is comprised of males
and females of diverse ethnic, economic, professional,
and geographic backgrounds;
(iv) give consideration to retired and other former
law enforcement, fire, rescue, and emergency personnel, and other individuals with backgrounds in disaster preparedness, relief, and recovery; and
(v) consider applicants’ experience in other youth
service programs.
(D) COMMUNITY SERVICE CREDIT.—Service as a member of the cadre shall be considered as a community service opportunity for purposes of section 4403 of the National
Defense Authorization Act for Fiscal Year 1993 and as employment with a public service or community service organization for purposes of section 4464 of that Act.
(E) TRAINING.—The Director shall provide to other
members of the permanent cadre appropriate training in
youth development techniques, including techniques for
working with and enhancing the development of disadvantaged youth, and the principles of service-learning. All
members of the permanent cadre shall be required to participate in the training.
(3) INAPPLICABILITY OF CERTAIN CIVIL SERVICE LAWS.—The
Director, other members of the permanent cadre, and the other
staff personnel shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in
the competitive service. The rates of pay of such persons may
be established without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title. In the case of
a member of the permanent cadre who was recommended for
appointment in accordance with 162(b)(1) 1 and is entitled to
retired or retainer pay, section 5532 of title 5, United States
Code, shall not apply to reduce the member’s retired or retainer pay by reason of the member being paid as a member
of the cadre.
(4) VOLUNTARY SERVICES.—Notwithstanding any other provision of law, the Director may accept the voluntary services
of individuals. While away from their homes or regular places
of business on the business of the Corps, such individuals may
be allowed travel expenses, including per diem in lieu of subsistence, in the same amounts and to the same extent, as authorized under section 5703 of title 5, United States Code, for
persons employed intermittently in Federal Government service.
1 So
in law. The term ‘‘section’’ should appear before ‘‘162(b)(1)’’.
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Sec. 160
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
92
SEC. 160. [42 U.S.C. 12620] STATUS OF CORPS MEMBERS AND CORPS
PERSONNEL UNDER FEDERAL LAW.
(a) IN GENERAL.—Except as otherwise provided in this section,
members of the National Civilian Community Corps shall not, by
reason of their status as such members, be considered Federal employees or be subject to the provisions of law relating to Federal
employment.
(b) WORK-RELATED INJURIES.—
(1) IN GENERAL.—For purposes of subchapter I of chapter
81 of title 5, United States Code, relating to the compensation
of Federal employees for work injuries, members of the Corps
shall be considered as employees of the United States within
the meaning of the term ‘‘employee’’, as defined in section 8101
of such title.
(2) SPECIAL RULE.—In the application of the provisions of
subchapter I of chapter 81 of title 5, United States Code, to a
person referred to in paragraph (1), the person shall not be
considered to be in the performance of duty while absent from
the person’s assigned post of duty unless the absence is authorized in accordance with procedures prescribed by the Director.
(c) TORT CLAIMS PROCEDURE.—A member of the Corps shall be
considered an employee of the United States for purposes of chapter 171 of title 28, United States Code, relating to tort claims liability and procedure.
SEC. 161. [42 U.S.C. 12621] CONTRACT AND GRANT AUTHORITY.
(a) PROGRAMS.—The Director may, by contract or grant,
provide for any public or private organization to carry out the National
Civilian Community Corps program.
(b) EQUIPMENT AND FACILITIES.—
(1) FEDERAL AND NATIONAL GUARD PROPERTY.—The Director shall enter into agreements, as necessary, with the Secretary of Defense, the Governor of a State, territory or commonwealth, or the commanding general of the District of Columbia National Guard, as the case may be, to utilize—
(A) equipment of the Department of Defense and
equipment of the National Guard; and
(B) Department of Defense facilities and National
Guard facilities identified pursuant to section 162(c).
(2) OTHER PROPERTY.—The Director may enter into contracts or agreements for the use of other equipment or facilities
to the extent practicable to train and house members of the
National Civilian Community Corps and leaders of Corps
units.
SEC. 162. [42 U.S.C. 12622] RESPONSIBILITIES OF DEPARTMENT OF DEFENSE.
(a) LIAISON OFFICE.—
(1) ESTABLISHMENT.—Upon the establishment of the Pro-
gram, the Secretary of Defense shall establish an office to provide for liaison between the Secretary and the National Civilian Community Corps.
(2) DUTIES.—The office shall—
(A) in order to assist in the recruitment of personnel
for appointment in the permanent cadre, make available to
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93
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 163
the Director information in the registry established by section 1143a of title 10, United States Code; and
(B) provide other assistance in the coordination of Department of Defense activities with the Corps.
(b) CORPS CADRE.—
(1) LIST OF RECOMMENDED PERSONNEL.—Upon the establishment of the Program, the Secretary of Defense, in consultation with the liaison office established under subsection (a)
shall develop a list of individuals from which individuals may
be selected for appointment by the Director in the permanent
cadre of Corps personnel. Such personnel shall be selected from
among members and former members of the Armed Forces referred to in section 151(3) who are commissioned officers, noncommissioned officers, former commissioned officers, or former
noncommissioned officers.
(2) RECOMMENDATIONS REGARDING GRADE AND PAY.—The
Secretary of Defense shall recommend to the Director an appropriate rate of pay for each person recommended for the
cadre pursuant to this subsection.
(3) CONTRIBUTION FOR RETIRED MEMBER’S PAY.—If a listed
individual receiving retired or retainer pay is appointed to a
position in the cadre and the rate of pay for that individual is
established at the amount equal to the difference between the
active duty pay and allowances which that individual would receive if ordered to active duty and the amount of the individual’s retired or retainer pay, the Secretary of Defense shall
pay, by transfer to the Corporation from amounts available for
pay of active duty members of the Armed Forces, the amount
equal to 50 percent of that individual’s rate of pay for service
in the cadre.
(c) FACILITIES.—Upon the establishment of the Program, the
Secretary of Defense shall identify military installations and other
facilities of the Department of Defense and, in consultation with
the adjutant generals of the State National Guards, National
Guard facilities that may be used, in whole or in part, by the National Civilian Community Corps for training or housing Corps
members. The Secretary of Defense shall carry out this subsection
in consultation with the liaison office established under subsection
(a).
(d) INFORMATION REGARDING CORPS.—The Secretary of Defense
may permit Armed Forces recruiters to inform potential applicants
for the Corps regarding service in the Corps as an alternative to
service in the Armed Forces.
SEC. 163. [42 U.S.C. 12623] ADVISORY BOARD.
(a) ESTABLISHMENT AND PURPOSE.—There
shall be established
a National Civilian Community Corps Advisory Board to advise the
Director concerning the administration of this subtitle and to assist
the Corps in responding rapidly and efficiently in times of natural
and other disasters. The Advisory Board members shall help coordinate activities with the Corps as appropriate, including the mobilization of volunteers and coordination of volunteer centers to
help local communities recover from the effects of natural and
other disasters.
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Sec. 164
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
94
(b) MEMBERSHIP.—The Advisory Board shall be composed of
the following members:
(1) The Secretary of Labor.
(2) The Secretary of Defense.
(3) The Secretary of the Interior.
(4) The Secretary of Agriculture.
(5) The Secretary of Education.
(6) The Secretary of Housing and Urban Development.
(7) The Chief of the National Guard Bureau.
(8) The Administrator of the Federal Emergency Management Agency.
(9) The Secretary of Transportation.
(10) The Chief of the Forest Service.
(11) The Administrator of the Environmental Protection
Agency.
(12) The Secretary of Energy.
(13) Individuals appointed by the Director from among
persons who are broadly representative of educational institutions, voluntary organizations, public and private organizations, youth, and labor unions.
(14) The Chief Executive Officer.
(c) INAPPLICABILITY OF TERMINATION REQUIREMENT.—Section
14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Advisory Board.
SEC. 164. [42 U.S.C. 12624] EVALUATIONS.
Pursuant to the provisions for evaluations conducted under
section 179, and in particular subsection (g) of such section, the
Corporation shall conduct periodic evaluations of the National Civilian Community Corps Program authorized under this subtitle.
Upon completing each such evaluation, the Corporation shall transmit to the authorizing committees a report on the evaluation.
SEC. 165. [42 U.S.C. 12626] DEFINITIONS.
In this subtitle:
(1) BOARD.—The term ‘‘Board’’ means the Board of Directors of the Corporation.
(2) CAMPUS DIRECTOR.—The term ‘‘campus director’’, with
respect to a Corps campus, means the head of the campus
under section 155(d).
(3) CORPS.—The term ‘‘Corps’’ means the National Civilian
Community Corps required under section 155 as part of the
National Civilian Community Corps Program.
(4) CORPS CAMPUS.—The term ‘‘Corps campus’’ means the
facility or central location established as the operational headquarters and boarding place for particular Corps units.
(5) CORPS MEMBERS.—The term ‘‘Corps members’’ means
persons receiving training and participating in projects under
the National Civilian Community Corps Program.
(6) DIRECTOR.—The term ‘‘Director’’ means the Director of
the National Civilian Community Corps.
(7) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given that term in
section 101 of the Higher Education Act of 1965.
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95
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 165
(8) PROGRAM.—The term ‘‘Program’’ means the National
Civilian Community Corps Program 1 established pursuant to
section 152.
(9) SERVICE-LEARNING.—The term ‘‘service-learning’’, with
respect to Corps members, means a method—
(A) under which Corps members learn and develop
through active participation in thoughtfully organized
service experiences that meet actual community needs;
(B) that provides structured time for a Corps member
to think, talk, or write about what the Corps member did
and saw during an actual service activity;
(C) that provides Corps members with opportunities to
use newly acquired skills and knowledge in real life situations in their own communities; and
(D) that helps to foster the development of a sense of
caring for others, good citizenship, and civic responsibility.
(10) UNIT.—The term ‘‘unit’’ means a unit of the Corps referred to in section 155(c).
Subtitle F—Administrative Provisions
SEC. 171. [42 U.S.C. 12631] FAMILY AND MEDICAL LEAVE.
(a) PARTICIPANTS IN PRIVATE, STATE, AND LOCAL
PROJECTS.—
For purposes of title I of the Family and Medical Leave Act of 1993
(29 U.S.C. 2601 et seq.), if—
(1) a participant has provided service for the period required by section 101(2)(A)(i) (29 U.S.C. 2611(2)(A)(i)), and has
met the hours of service requirement of section 101(2)(A)(ii), of
such Act with respect to a project authorized under the national service laws; and
(2) the service sponsor of the project is an employer described in section 101(4) of such Act (other than an employing
agency within the meaning of subchapter V of chapter 63 of
title 5, United States Code),
the participant shall be considered to be an eligible employee of the
service sponsor.
(b) PARTICIPANTS IN FEDERAL PROJECTS.—For purposes of subchapter V of chapter 63 of title 5, United States Code, if—
(1) a participant has provided service for the period required by section 6381(1)(B) of such title with respect to a
project; and
(2) the service sponsor of the project is an employing agency within the meaning of such subchapter,
the participant shall be considered to be an employee of the service
sponsor.
1 Section 1516(2)(F) of Public Law 111–13 provides for an amendment to paragraph (8) as follows:
(F) in paragraph (8) (as so redesignated), by striking ‘‘The terms’’ and all that follows
through ‘‘Demonstration Program’’ and inserting ‘‘The term ‘Program’ means the National Civilian Community Corps Program’’; and
The amendment probably should have included the phrase ‘‘the second place such term appears’’ after ‘‘and all that follows through ‘Demonstration Program’ ’’. Such amendment was executed through the second occurrence of ‘‘Demonstration Program’’ in order to reflect the probable
intent of Congress.
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Sec. 172
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
96
(c) TREATMENT OF ABSENCE.—The period of any absence of a
participant from a service position pursuant to title I of the Family
and Medical Leave Act of 1993 or subchapter V of chapter 63 of
title 5, United States Code, shall not be counted toward the completion of the term of service of the participant under section 139
of this Act.
SEC. 172. [42 U.S.C. 12632] REPORTS.
(a) STATE REPORTS.—
(1) IN GENERAL.—Each State
receiving assistance under
this title shall prepare and submit, to the Corporation, an annual report concerning the use of assistance provided under
this title 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 information 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, delays 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
section 177.
(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 requirement
of paragraph (1).
(4) AVAILABILITY OF REPORT.—Reports submitted under
paragraph (1) shall be made available to the public on request.
(b) REPORT TO CONGRESS BY CORPORATION
(1) IN GENERAL.—Not later than 120 days after the end of
each fiscal year, the Corporation shall prepare and submit, to
the authorizing committees, the Committee on Appropriations
of the House of Representatives, and the Committee on Appropriations of the Senate 1, a report concerning the programs
that receive assistance under the national service laws.
(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 as a result of any evaluation
conducted by the Corporation.
(c) REPORT TO CONGRESS BY SECRETARY OF DEFENSE.—
1 Section 1602(1) of Public Law 111–13 amends subsection (b)(1) by striking ‘‘appropriate authorizing and appropriations Committees of Congress’’ and inserting ‘‘authorizing committees,
the Committee on Appropriations of the House of Representatives, and the Committee on Appropriations of the Senate’’. Such amendment should have struck appropriate authorizing and appropriation Committees of Congress’’ which was executed above to reflect the probable intent
of Congress.
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97
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 175
(1) STUDY.—The Secretary of Defense shall annually conduct a study of the effect of the programs carried out under
this title on recruitment for the Armed Forces.
(2) REPORT.—The Secretary of Defense shall annually submit a report to the authorizing committees, the Committee on
Armed Services of the House of Representatives, and the Committee on Armed Services of the Senate containing the findings
of the study described in paragraph (1) and such recommendations for legislative and administrative reform as the Secretary
may determine to be appropriate.
SEC. 173. [42 U.S.C. 12633] SUPPLEMENTATION.
(a) IN GENERAL.—Assistance provided under
this title shall be
used to supplement the level of State and local public funds expended 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 aggregate 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
Federal assistance provided and any other amounts used to pay the
remainder of the costs of programs assisted under this title.
SEC. 174. [42 U.S.C. 12634] 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,
conduct worship services, or engage in any form of proselytization.
(b) 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
(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
program that receives assistance under this title shall not impair
existing contracts for services or collective bargaining agreements.
(d) REFERRALS FOR FEDERAL ASSISTANCE.—A program may not
receive assistance under the national service laws for the sole purpose of referring individuals to Federal assistance programs or
State assistance programs funded in part by the Federal Government.
SEC. 175. [42 U.S.C. 12635] NONDISCRIMINATION.
(a) IN GENERAL.—
(1) BASIS.—An individual with responsibility
for the operation of a project that receives assistance under this title shall
not discriminate against a participant in, or member of the
staff of, such project on the basis of race, color, national origin,
sex, age, or political affiliation of such participant or member,
or on the basis of disability, if the participant or member is a
qualified individual with a disability.
(2) DEFINITION.—As used in paragraph (1), the term
‘‘qualified individual with a disability’’ has the meaning given
the term in section 101(8) of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12111(8)).
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Sec. 176
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
98
(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.), section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), and the Age Discrimination Act of 1975 (42 U.S.C.
6101 et seq.), and shall constitute Federal financial assistance to
an education program or activity for purposes of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.).
(c) RELIGIOUS 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 in such project or a
member of the staff of such project who is paid with funds received under this title.
(2) EXCEPTION.—Paragraph (1) shall not apply to the employment, with assistance provided under this title, of any
member of the staff, of a project that receives assistance under
this title, who was employed with the organization operating
the project on the date the grant under this title was awarded.
(d) RULES AND REGULATIONS.—The Chief Executive Officer
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. [42 U.S.C. 12636] NOTICE, HEARING, AND GRIEVANCE PROCEDURES.
(a) IN GENERAL.—
(1) SUSPENSION OF PAYMENTS.—The Corporation may in
accordance with the provisions of this title, suspend or terminate payments under a contract or grant providing assistance
under this title, or revoke the designation of positions, related
to the grant or contract, as approved national service positions,
whenever the Corporation 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 Corporation
shall prescribe procedures to ensure that—
(A) assistance provided under this title shall not be
suspended for failure to comply with the applicable terms
and conditions of this title except, in emergency situations,
a suspension may be granted for 1 or more periods of 30
days not to exceed a total of 90 days; and
(B) assistance provided under this title shall not be
terminated or revoked for failure to comply with applicable
terms and conditions of this title unless the recipient of
such assistance has been afforded reasonable notice and
opportunity for a full and fair hearing.
(b) HEARINGS.—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.
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99
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 176
(c) TRANSCRIPT OR RECORDING.—A transcript or recording shall
be made of a hearing conducted under this section and shall be
available 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 implementation, consistent with this title, of the programs administered under this title.
(e) CONSTRUCTION.—Nothing in this title shall be construed to
link performance of service with receipt of Federal student financial assistance, other than assistance provided pursuant to this Act.
(f) GRIEVANCE PROCEDURE.—
(1) IN GENERAL.—An entity that receives assistance under
this title shall establish and maintain a procedure for the filing
and adjudication of grievances from participants, labor organizations, and other interested individuals concerning projects
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 of the event that is the subject of the grievance.
(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 after the filing of such grievance.
(B) DECISION.—A decision on any such grievance shall
be made not later than 60 days after the filing of such
grievance.
(4) ARBITRATION.—
(A) IN GENERAL.—
(i) JOINTLY SELECTED ARBITRATOR.—In the event
of a decision on a grievance that is adverse to the
party who filed such grievance, or 60 days after the filing of such grievance if no decision has been reached,
such party shall be permitted to submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the
interested parties.
(ii) APPOINTED ARBITRATOR.—If the parties cannot
agree on an arbitrator, the Chief Executive Officer
shall appoint an arbitrator from a list of qualified arbitrators within 15 days after receiving a request for
such appointment from one of the parties to the grievance.
(B) DEADLINE FOR PROCEEDING.—An arbitration proceeding shall be held not later than 45 days after the request for such arbitration proceeding, or, if the arbitrator
is appointed by the Chief Executive Officer in accordance
with subparagraph (A)(ii), not later than 30 days after the
appointment of such arbitrator.
(C) DEADLINE FOR DECISION.—A decision concerning a
grievance shall be made not later than 30 days after the
date such arbitration proceeding begins.
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Sec. 177
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
100
(D) COST.—
(i) IN GENERAL.—Except as provided in clause (ii),
the cost of an arbitration proceeding shall be divided
evenly between the parties to the arbitration.
(ii) EXCEPTION.—If a participant, labor organization, or other interested individual described in paragraph (1) prevails under a binding arbitration proceeding, the State or local applicant described in paragraph (1) that is a party to such grievance shall pay
the total cost of such proceeding and the attorneys’
fees of such participant, labor organization, or individual, as the case may be.
(5) PROPOSED PLACEMENT.—If a grievance is filed regarding a proposed placement of a participant in a project that receives assistance under this title, such placement shall not be
made unless the placement is consistent with the resolution of
the grievance pursuant to this subsection.
(6) REMEDIES.—Remedies for a grievance filed under this
subsection include—
(A) suspension of payments for assistance under this
title;
(B) termination of such payments;
(C) prohibition of the placement described in paragraph (5);
(D) in a case in which the grievance is filed by an individual applicant or participant—
(i) the applicant’s selection or the participant’s reinstatement, as the case may be; and
(ii) other changes in the terms and conditions of
service applicable to the individual; and
(E) in a case in which the grievance involves a violation of subsection (a) or (b) of section 177 and the employer
of the displaced employee is the recipient of assistance
under this title—
(i) reinstatement of the displaced employee to the
position held by such employee prior to displacement;
(ii) payment of lost wages and benefits of the displaced employee;
(iii) reestablishment of other relevant terms, conditions, and privileges of employment of the displaced
employee; and
(iv) such equitable relief as is necessary to correct
any violation of subsection (a) or (b) of section 177 or
to make the displaced employee whole.
(7) ENFORCEMENT.—Suits to enforce arbitration awards
under this section may be brought in any district court of the
United States having jurisdiction of the parties, without regard
to the amount in controversy and without regard to the citizenship of the parties.
SEC. 177. [42 U.S.C. 12637] NONDUPLICATION AND NONDISPLACEMENT.
(a) NONDUPLICATION.—
(1) IN GENERAL.—Assistance provided under the national
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101
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 177
plicate, and is in addition to, an activity otherwise available in
the locality of such program.
(2) PRIVATE NONPROFIT ENTITY.—Assistance made available under the national service laws 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 (b) are met.
(b) NONDISPLACEMENT.—
(1) IN GENERAL.—An employer shall not displace an employee, position, or volunteer (other than a participant under
the national service laws), including partial displacement such
as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program
receiving assistance under the national service laws.
(2) SERVICE OPPORTUNITIES.—A service opportunity shall
not be created under the national service laws that will infringe in any manner on the promotional opportunity of an employed individual.
(3) LIMITATION ON SERVICES.—
(A) DUPLICATION OF SERVICES.—A participant in a program receiving assistance under the national service laws
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
program receiving assistance under the national service
laws shall not perform any services or duties, or engage in
activities, that—
(i) will supplant the hiring of employed workers;
or
(ii) are services, duties, or activities with respect
to which an individual has recall rights pursuant to a
collective bargaining agreement or applicable personnel procedures.
(C) DUTIES FORMERLY PERFORMED BY ANOTHER EMPLOYEE.—A participant in any program receiving assistance under the national service laws 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 discharged;
(iii) employee who—
(I) is subject to a reduction in force; or
(II) has recall rights pursuant to a collective
bargaining agreement or applicable personnel procedures;
(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 INFORMATION.—The Secretary of Labor
shall make available to the Corporation and to any program agency
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Sec. 178
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
102
under this title such labor market information as is appropriate for
use in carrying out the purposes of this title.
(d) TREATMENT OF BENEFITS.—Allowances, earnings, and payments to individuals participating in programs that receive assistance under this title shall not be considered to be income for the
purposes of determining eligibility for and the amount of income
transfer and in-kind aid furnished under any Federal or federally
assisted program based on need, other than as provided under the
Social Security Act (42 U.S.C. 301 et seq.).
(e) STANDARDS OF CONDUCT.—Programs that receive assistance
under this title shall establish and stringently enforce standards of
conduct at the program site to promote proper moral and disciplinary conditions.
(f) PARENTAL INVOLVEMENT.—
(1) IN GENERAL.—Programs that receive assistance under
the national service laws shall consult with the parents or
legal guardians of children in developing and operating programs that include and serve children.
(2) PARENTAL PERMISSION.—Programs that receive assistance under the national service laws shall, before transporting
minor children, provide the children’s parents with the reason
for the transportation and obtain the parents’ written permission for such transportation, consistent with State law.
SEC. 178.
(a)
[42 U.S.C. 12638] STATE COMMISSIONS ON NATIONAL AND
COMMUNITY SERVICE.
EXISTENCE REQUIRED.—
(1) STATE COMMISSION.—Except as provided in paragraph
(2), to be eligible to receive a grant or allotment under subtitle
B or C or to receive a distribution of approved national service
positions under subtitle C, a State shall maintain a State Commission on National and Community Service that satisfies the
requirements of this section.
(2) ALTERNATIVE ADMINISTRATIVE ENTITY.—The chief executive officer of a State may apply to the Corporation for approval to use an alternative administrative entity to carry out
the duties otherwise entrusted to a State Commission under
this Act. The chief executive officer shall ensure that any alternative administrative entity used in lieu of a State Commission provides for the individuals described in paragraph (1),
and some of the individuals described in paragraph (2), of subsection (c) to play a significant policymaking role in carrying
out the duties otherwise entrusted to a State Commission, including the submission of applications on behalf of the State
under section 130.
(b) APPOINTMENT AND SIZE.—Except as provided in subsection
(c)(3), the members of a State Commission for a State shall be appointed by the chief executive officer of the State. A State Commission shall consist of not fewer than 15, and not more than 25, voting members, and any ex officio nonvoting members, as described
in paragraph (3) or (4) of subsection (c).
(c) COMPOSITION AND MEMBERSHIP.—
(1) REQUIRED MEMBERS.—The State Commission for a
State shall include as voting members at least one of each of
the following individuals:
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(A) An individual with expertise in the educational,
training, and development needs of youth, particularly disadvantaged youth.
(B) An individual with experience in promoting the involvement of older adults in service and voluntarism.
(C) A representative of community-based agencies or
community-based organizations within the State.
(D) The head of the State educational agency.
(E) A representative of local governments in the State.
(F) A representative of local labor organizations in the
State.
(G) A representative of business.
(H) An individual between the ages of 16 and 25 who
is a participant or supervisor in a program.
(I) A representative of a national service program described in subsection (a), (b), or (c) of section 122.
(J) A representative of the volunteer sector.
(2) SOURCES OF OTHER MEMBERS.—The State Commission
for a State may include as voting members the following individuals:
(A) Members selected from among local educators.
(B) Members selected from among experts in the delivery of human, educational, environmental, or public safety
services to communities and persons.
(C) Representatives of Indian tribes.
(D) Members selected from among out-of-school youth
or other at-risk youth.
(E) Representatives of entities that receive assistance
under the Domestic Volunteer Service Act of 1973 (42
U.S.C. 4950 et seq.).
(3) CORPORATION REPRESENTATIVE.—The representative of
the Corporation designated under section 195(c) for a State
shall be an ex officio nonvoting member of the State Commission or alternative administrative entity for that State.
(4) EX OFFICIO STATE REPRESENTATIVES.—The chief executive officer of a State may appoint, as ex officio nonvoting
members of the State Commission for the State, representatives selected from among officers and employees of State agencies operating community service, youth service, education, social service, senior service, and job training programs.
(5) LIMITATION ON NUMBER OF STATE EMPLOYEES AS MEMBERS.—The number of voting members of a State Commission
selected under paragraph (1) or (2) who are officers or employees of the State may not exceed 25 percent (reduced to the
nearest whole number) of the total membership of the State
Commission.
(d) MISCELLANEOUS MATTERS.—
(1) MEMBERSHIP BALANCE.—The chief executive officer of a
State shall ensure, to the maximum extent practicable, that
the membership of the State Commission for the State is diverse with respect to race, ethnicity, age, gender, and disability
characteristics. Not more than 50 percent of the voting members of a State Commission, plus one additional member, may
be from the same political party.
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(2) TERMS.—Each member of the State Commission for a
State shall serve for a term of 3 years, except that the chief
executive officer of a State shall initially appoint a portion of
the members to terms of 1 year and 2 years.
(3) VACANCIES.—If a vacancy occurs on a State Commission, a new member shall be appointed by the chief executive
officer of the State and serve for the remainder of the term for
which the predecessor of such member was appointed. The vacancy shall not affect the power of the remaining members to
execute the duties of the State Commission.
(4) COMPENSATION.—A member of a State Commission or
alternative administrative entity shall not receive any additional compensation by reason of service on the State Commission or alternative administrative entity, except that the State
may authorize the reimbursement of travel expenses, including
a per diem in lieu of subsistence, in the same manner as other
employees serving intermittently in the service of the State.
(5) CHAIRPERSON.—The voting members of a State Commission shall elect one of the voting members to serve as chairperson of the State Commission.
(6) LIMITATION ON MEMBER PARTICIPATION.—
(A) GENERAL LIMITATION.—Except as provided in subparagraph (B), a voting member of the State Commission
(or of an alternative administrative entity) shall not participate in the administration of the grant program (including any discussion or decision regarding the provision
of assistance or approved national service positions, or the
continuation, suspension, or termination of such assistance
or such positions, to any program or entity) described in
subsection (e)(9) if—
(i) a grant application relating to such program is
pending before the Commission (or such entity); and
(ii) the application was submitted by a program or
entity of which such member is, or in the 1-year period
before the submission of such application was, an officer, director, trustee, full-time volunteer, or employee.
(B) EXCEPTION.—If, as a result of the operation of subparagraph (A), the number of voting members of the Commission (or of such entity) is insufficient to establish a
quorum for the purpose of administering such program,
then voting members excluded from participation by subparagraph (A) may participate in the administration of
such program, notwithstanding the limitation in subparagraph (A), to the extent permitted by regulations issued
under section 193A(b)(12) by the Corporation.
(C) RULE OF CONSTRUCTION.—Subparagraph (A) shall
not be construed to limit the authority of any voting member of the Commission (or of such entity) to participate
in—
(i) discussion of, and hearing and forums on—
(I) the general duties, policies, and operations
of the Commission (or of such entity); or
(II) the general administration of such program; or
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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(ii) similar general matters relating to the Commission (or such entity).
(e) DUTIES OF A STATE COMMISSION.—The State Commission or
alternative administrative entity for a State shall be responsible
for the following duties:
(1) Preparation of a national service plan for the State
that—
(A) is developed, through an open and public process
(such as through regional forums, hearings, and other
means) that provides for maximum participation and input
from the private sector, organizations, and public agencies,
using service and volunteerism as strategies to meet critical community needs, including service through programs
funded under the national service laws;
(B) covers a 3-year period, the beginning of which may
be set by the State;
(C) is subject to approval by the chief executive officer
of the State;
(D) includes measurable goals and outcomes for the
State national service programs in the State consistent
with the performance levels for national service programs
as described in section 179(k);
(E) ensures outreach to diverse community-based
agencies that serve underrepresented populations, through
established networks and registries at the State level, or
through the development of such networks and registries;
(F) provides for effective coordination of funding applications submitted by the State and other organizations
within the State under the national service laws;
(G) is updated annually, reflecting changes in practices and policies that will improve the coordination and
effectiveness of Federal, State, and local resources for service and volunteerism within the State;
(H) ensures outreach to, and coordination with, municipalities (including large cities) and county governments
regarding the national service laws; and
(I) contains such information as the State Commission
considers to be appropriate or as the Corporation may require.
(2) Preparation of the applications of the State under section 130 for financial assistance.
(3) Assistance in the preparation of the application of the
State educational agency for assistance under section 113.
(4) Preparation of the application of the State under section 130 for the approval of service positions that include the
national service educational award described in subtitle D.
(5) Make recommendations to the Corporation with respect
to priorities for programs receiving assistance under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.).
(6) Make technical assistance available to enable applicants for assistance under section 121—
(A) to plan and implement service programs; and
(B) to apply for assistance under the national service
laws using, if appropriate, information and materials
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available through a clearinghouse established under section 198A.
(7) Assistance in the provision of health care and child
care benefits under section 140 to participants in national service programs that receive assistance under section 121.
(8) Development of a State system for the recruitment and
placement of participants in programs that receive assistance
under the national service laws and dissemination of information concerning national service programs that receive such assistance or approved national service positions.
(9) Administration of the grant program in support of national service programs that is conducted by the State using
assistance provided to the State under section 121, including
selection, oversight, and evaluation of grant recipients.
(10) Development of projects, training methods, curriculum
materials, and other materials and activities related to national service programs that receive assistance directly from
the Corporation (to be made available in a case in which such
a program requests such a project, method, material, or activity) or from the State using assistance provided under section
121, for use by programs that request such projects, methods,
materials, and activities.
(f) RELIEF FROM ADMINISTRATIVE REQUIREMENTS.—Upon approval of a State plan submitted under subsection (e)(1), the Chief
Executive Officer may waive for the State, or specify alternatives
for the State to, administrative requirements (other than statutory
provisions) otherwise applicable to grants made to States under the
national service laws, including those requirements identified by
the State as impeding the coordination and effectiveness of Federal, State, and local resources for service and volunteerism within
the State.
(g) STATE SERVICE PLAN FOR ADULTS AGE 55 OR OLDER.—
(1) IN GENERAL.—Notwithstanding any other provision of
this section, to be eligible to receive a grant or allotment under
subtitle B or C or to receive a distribution of approved national
service positions under subtitle C, a State shall work with appropriate State agencies and private entities to develop a comprehensive State service plan for service by adults age 55 or
older.
(2) MATTERS INCLUDED.—The State service plan shall include—
(A) recommendations for policies to increase service for
adults age 55 or older, including how to best use such
adults as sources of social capital, and how to utilize their
skills and experience to address community needs;
(B) recommendations to the State agency (as defined
in section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002)) on—
(i) a marketing outreach plan to businesses; and
(ii) outreach to—
(I) nonprofit organizations;
(II) the State educational agency;
(III) institutions of higher education; and
(IV) other State agencies;
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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(C) recommendations for civic engagement and
multigenerational activities, such as—
(i) early childhood education and care, family literacy, and after school programs;
(ii) respite services for adults age 55 or older and
caregivers; and
(iii) transitions for older adults age 55 or older to
purposeful work in their post-career lives; and
(D) recommendations for encouraging the development
of Encore service programs in the State.
(3) KNOWLEDGE BASE.—The State service plan shall incorporate the current knowledge base (as of the time of the plan)
regarding—
(A) the economic impact of the roles of workers age 55
or older in the economy;
(B) the social impact of the roles of such workers in
the community; and
(C) the health and social benefits of active engagement
for adults age 55 or older.
(4) PUBLICATION.—The State service plan shall be made
available to the public and be transmitted to the Chief Executive Officer.
(h) ACTIVITY INELIGIBLE FOR ASSISTANCE.—A State Commission or alternative administrative entity may not directly carry out
any national service program that receives assistance under section
121.
(i) DELEGATION.—Subject to such requirements as the Corporation may prescribe, a State Commission may delegate nonpolicymaking duties to a State agency or public or private nonprofit organization.
(j) APPROVAL OF STATE COMMISSION OR ALTERNATIVE.—
(1) SUBMISSION TO CORPORATION.—The chief executive officer for a State shall notify the Corporation of the establishment or designation of the State Commission or use of an alternative administrative entity for the State. The notification
shall include a description of—
(A) the composition and membership of the State Commission or alternative administrative entity; and
(B) the authority of the State Commission or alternative administrative entity regarding national service activities carried out by the State.
(2) APPROVAL OF ALTERNATIVE ADMINISTRATIVE ENTITY.—
Any designation of a State Commission or use of an alternative
administrative entity to carry out the duties of a State Commission shall be subject to the approval of the Corporation,
which shall not be unreasonably withheld. The Corporation
shall approve an alternative administrative entity if such entity provides for individuals described in paragraph (1), and
some of the individuals described in paragraph (2), of subsection (c) to play a significant policymaking role in carrying
out the duties otherwise entrusted to a State Commission, including the duties described in paragraphs (1) through (4) of
subsection (e).
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108
(3) REJECTION.—The Corporation may reject a State Commission if the Corporation determines that the composition,
membership, or duties of the State Commission do not comply
with the requirements of this section. The Corporation may reject a request to use an alternative administrative entity in
lieu of a State Commission if the Corporation determines that
the entity does not provide for the individuals described in
paragraph (1), and some of the individuals described in paragraph (2), of subsection (c) to play a significant policymaking
role as described in paragraph (2). If the Corporation rejects a
State Commission or alternative administrative entity under
this paragraph, the Corporation shall promptly notify the State
of the reasons for the rejection.
(4) RESUBMISSION AND RECONSIDERATION.—The Corporation shall provide a State notified under paragraph (3) with a
reasonable opportunity to revise the rejected State Commission
or alternative administrative entity. At the request of the
State, the Corporation shall provide technical assistance to the
State as part of the revision process. The Corporation shall
promptly reconsider any resubmission of a notification under
paragraph (1) or application to use an alternative administrative entity under paragraph (2).
(5) SUBSEQUENT CHANGES.—This subsection shall also
apply to any change in the composition or duties of a State
Commission or an alternative administrative entity made after
approval of the State Commission or the alternative administrative entity.
(6) RIGHTS.—An alternative administrative entity approved by the Corporation under this subsection shall have the
same rights as a State Commission.
(k) COORDINATION.—
(1) COORDINATION WITH OTHER STATE AGENCIES.—The
State Commission or alternative administrative entity for a
State shall coordinate the activities of the Commission or entity under this Act with the activities of other State agencies
that administer Federal financial assistance programs under
the Community Services Block Grant Act (42 U.S.C. 9901 et
seq.) or other appropriate Federal financial assistance programs.
(2) COORDINATION WITH VOLUNTEER SERVICE PROGRAMS.—
(A) IN GENERAL.—The State Commission or alternative
administrative entity for a State shall coordinate functions
of the Commission or entity (including recruitment, public
awareness, and training activities) with such functions of
any division of the Corporation, that carries out volunteer
service programs in the State.
(B) AGREEMENT.—In coordinating functions under this
paragraph, such Commission or entity, and such division,
may enter into an agreement to—
(i) carry out such a function jointly;
(ii) to assign responsibility for such a function to
the Commission or entity; or
(iii) to assign responsibility for such a function to
the division.
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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(C) INFORMATION.—The State Commission or alternative entity for a State, and the head of any such division, shall exchange information about—
(i) the programs carried out in the State by the
Commission, entity, or division, as appropriate; and
(ii) opportunities to coordinate activities.
(l) LIABILITY.—
(1) LIABILITY OF STATE.—Except as provided in paragraph
(2)(B), a State shall agree to assume liability with respect to
any claim arising out of or resulting from any act or omission
by a member of the State Commission or alternative administrative entity of the State, within the scope of the service of the
member on the State Commission or alternative administrative
entity.
(2) OTHER CLAIMS.—
(A) IN GENERAL.—A member of the State Commission
or alternative administrative entity shall have no personal
liability with respect to any claim arising out of or resulting from any act or omission by such person, within the
scope of the service of the member on the State Commission or alternative administrative entity.
(B) LIMITATION.—This paragraph shall not be construed to limit personal liability for criminal acts or omissions, willful or malicious misconduct, acts or omissions for
private gain, or any other act or omission outside the scope
of the service of such member on the State Commission or
alternative administrative entity.
(3) EFFECT ON OTHER LAW.—This subsection shall not be
construed—
(A) to affect any other immunities and protections that
may be available to such member under applicable law
with respect to such service;
(B) to affect any other right or remedy against the
State under applicable law, or against any person other
than a member of the State Commission or alternative administrative entity; or
(C) to limit or alter in any way the immunities that
are available under applicable law for State officials and
employees not described in this subsection.
SEC. 179. [42 U.S.C. 12639] EVALUATION.
(a) IN GENERAL.—The Corporation
shall provide, directly or
through grants or contracts, for the continuing evaluation of programs that receive assistance under the national service laws, including evaluations that measure the impact of such programs, to
determine—
(1) the effectiveness of programs receiving assistance
under the national service laws in achieving stated goals and
the costs associated with such programs, including an evaluation of each such program’s performance based on the performance levels established under subsection (k); and
(2) the effectiveness of the structure and mechanisms for
delivery of services, such as the effective utilization of the participants’ time, the management of the participants, and the
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ease with which recipients were able to receive services, to
maximize the cost effectiveness and the impact of such programs.
(b) COMPARISONS.—The Corporation 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 Corporation shall develop and publish
general standards for the evaluation of program effectiveness in
achieving the objectives of the national service laws.
(e) COMMUNITY PARTICIPATION.—In evaluating a program receiving assistance under the national service laws, the Corporation
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 Corporation shall
evaluate and compare the effectiveness of different program models
in meeting the program objectives described in subsection (g) including full- and part-time programs, programs involving different
types of national service, programs using different recruitment
methods, programs offering alternative voucher or post-service benefit options, and programs utilizing individual placements and
teams.
(g) PROGRAM OBJECTIVES.—The Corporation shall ensure that
programs that receive assistance under subtitle C are evaluated to
determine their effectiveness in—
(1) recruiting and enrolling diverse participants in such
programs, consistent with the requirements of section 145,
based on economic background, race, ethnicity, age, marital
status, education levels, and disability;
(2) promoting the educational achievement of each participant 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 National
Senior Service Corps 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;
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111
OF
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 179
(6) providing services and projects that benefit the community;
(7) supplying additional volunteer assistance to community
agencies without overloading such agencies with more volunteers 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 engage in
service that benefits the community.
(h) OBTAINING INFORMATION.—
(1) IN GENERAL.—In conducting the evaluations required
under this section, the Corporation 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.—
(A) IN GENERAL.—The Corporation shall maintain the
confidentiality of information acquired under this subsection 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 Corporation
may disclose information about the aggregate characteristics of such participants.
(i) INDEPENDENT EVALUATION AND REPORT OF DEMOGRAPHICS
NATIONAL SERVICE PARTICIPANTS AND COMMUNITIES.—
(1) INDEPENDENT EVALUATION.—
(A) IN GENERAL.—The Corporation shall, on an annual
basis, arrange for an independent evaluation of the programs assisted under subtitle C.
(B) PARTICIPANTS.—
(i) IN GENERAL.—The entity conducting such evaluation shall determine the demographic characteristics of the participants in such programs.
(ii) CHARACTERISTICS.—The entity shall determine, for the year covered by the evaluation, the total
number of participants in the programs, and the number of participants within the programs in each State,
by sex, age, economic background, education level, ethnic group, disability classification, and geographic region.
(iii) CATEGORIES.—The Corporation shall determine appropriate categories for analysis of each of the
characteristics referred to in clause (ii) for purposes of
such an evaluation.
(C) COMMUNITIES.—In conducting the evaluation, the
entity shall determine the amount of assistance provided
under section 121 during the year that has been expended
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for projects conducted under the programs in areas described in section 133(c)(6).
(2) REPORT.—The entity conducting the evaluation shall
submit a report to the President, the authorizing committees,
the Corporation, and each State Commission containing the results of the evaluation—
(A) with respect to the evaluation covering the year
beginning on the date of enactment of this subsection, not
later than 18 months after such date; and
(B) with respect to the evaluation covering each subsequent year, not later than 18 months after the first day of
each such year.
(j) RESERVED PROGRAM FUNDS FOR ACCOUNTABILITY.—Notwithstanding any other provision of law, in addition to amounts appropriated to carry out this section, the Corporation may reserve not
more than 1 percent of the total funds appropriated for a fiscal
year under section 501 of this Act and sections 501 and 502 of the
Domestic Volunteer Service Act of 1973 to support program accountability activities under this section.
(k) PERFORMANCE LEVELS.—The Corporation shall, in consultation with each recipient of assistance under the national service
laws, establish performance levels for such recipient to meet during
the term of the assistance. The performance levels may include, for
each national service program carried out by the recipient, performance levels based on the following performance measures:
(1) Number of participants enrolled in the program and
completing terms of service, as compared to the stated participation and retention goals of the program.
(2) Number of volunteers recruited from the community in
which the program was implemented.
(3) If applicable based on the program design, the number
of individuals receiving or benefitting from the service conducted.
(4) Number of disadvantaged and underrepresented youth
participants.
(5) Measures of the sustainability of the program and the
projects supported by the program, including measures to ascertain the level of community support for the program or
projects.
(6) Measures to ascertain the change in attitude toward
civic engagement among the participants and the beneficiaries
of the service.
(7) Other quantitative and qualitative measures as determined to be appropriate by the recipient of assistance and the
Corporation.
(l) CORRECTIVE ACTION PLANS.—
(1) IN GENERAL.—A recipient of assistance under the national service laws that fails, as determined by the Corporation, to meet or exceed the performance levels agreed upon
under subsection (k) for a national service program, shall reach
an agreement with the Corporation on a corrective action plan
to meet such performance levels.
(2) ASSISTANCE.—
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 179A
(A) NEW PROGRAM.—For a program that has received
assistance under the national service laws for less than 3
years and for which the recipient is failing to meet or exceed the performance levels agreed upon under subsection
(k), the Corporation shall—
(i) provide technical assistance to the recipient to
address targeted performance problems relating to the
performance levels for the program; and
(ii) require the recipient to submit quarterly reports on the program’s progress toward meeting the
performance levels for the program to the—
(I) appropriate State, territory, or Indian
tribe; and
(II) the Corporation.
(B) ESTABLISHED PROGRAMS.—For a program that has
received assistance under the national service laws for 3
years or more and for which the recipient is failing to meet
or exceed the performance levels agreed upon under subsection (k), the Corporation shall require the recipient to
submit quarterly reports on the program’s progress toward
the performance levels for the program to—
(i) the appropriate State, territory, or Indian tribe;
and
(ii) the Corporation.
(m) FAILURE TO MEET PERFORMANCE LEVELS.—If, after a period for correction as approved by the Corporation in accordance
with subsection (l), a recipient of assistance under the national
service laws fails to meet or exceed the performance levels for a national service program, the Corporation shall—
(1) reduce the annual amount of the assistance received by
the underperforming recipient by at least 25 percent, for each
remaining year of the grant period for that program; or
(2) terminate assistance to the underperforming recipient
for that program, in accordance with section 176(a).
(n) REPORTS.—The Corporation shall submit to the authorizing
committees not later than 2 years after the date of enactment of
the Serve America Act, and annually thereafter, a report containing information on the number of—
(1) recipients of assistance under the national service laws
implementing corrective action plans under subsection (l)(1);
(2) recipients for which the Corporation provides technical
assistance for a program under subsection (l)(2)(A)(i);
(3) recipients for which the Corporation terminates assistance for a program under subsection (m);
(4) entities whose application for assistance under a national service law was rejected; and
(5) recipients meeting or exceeding their performance levels under subsection (k).
SEC. 179A. [42 U.S.C. 12639a] CIVIC HEALTH ASSESSMENT AND VOLUNTEERING RESEARCH AND EVALUATION.
(a) DEFINITION OF PARTNERSHIP.—In this section, the term
‘‘partnership’’ means the Corporation, acting in conjunction with
(consistent with the terms of an agreement entered into between
the Corporation and the National Conference) the National ConMay 19, 2009
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Sec. 179A
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
114
ference on Citizenship referred to in section 150701 of title 36,
United States Code, to carry out this section.
(b) IN GENERAL.—The partnership shall facilitate the establishment of a Civic Health Assessment by—
(1) after identifying public and private sources of civic
health data, selecting a set of civic health indicators, in accordance with subsection (c), that shall comprise the Civic Health
Assessment;
(2) obtaining civic health data relating to the Civic Health
Assessment, in accordance with subsection (d); and
(3) conducting related analyses, and reporting the data
and analyses, as described in paragraphs (4) and (5) of subsection (d) and subsections (e) and (f).
(c) SELECTION OF INDICATORS FOR CIVIC HEALTH ASSESSMENT.—
(1) IDENTIFYING SOURCES.—The partnership shall select a
set of civic health indicators that shall comprise the Civic
Health Assessment. In making such selection, the partnership—
(A) shall identify public and private sources of civic
health data;
(B) shall explore collaborating with other similar efforts to develop national indicators in the civic health domain; and
(C) may sponsor a panel of experts, such as one convened by the National Academy of Sciences, to recommend
civic health indicators and data sources for the Civic
Health Assessment.
(2) TECHNICAL ADVICE.—At the request of the partnership,
the Director of the Bureau of the Census and the Commissioner of Labor Statistics shall provide technical advice to the
partnership on the selection of the indicators for the Civic
Health Assessment.
(3) UPDATES.—The partnership shall periodically evaluate
and update the Civic Health Assessment, and may expand or
modify the indicators described in subsection (d)(1) as necessary to carry out the purposes of this section.
(d) DATA ON THE INDICATORS.—
(1) SPONSORED DATA COLLECTION.—In identifying the civic
health indicators for the Civic Health Assessment, and obtaining data for the Assessment, the partnership may sponsor the
collection of data for the Assessment or for the various civic
health indicators being considered for inclusion in the Assessment, including indicators related to—
(A) volunteering and community service;
(B) voting and other forms of political and civic engagement;
(C) charitable giving;
(D) connecting to civic groups and faith-based organizations;
(E) interest in employment, and careers, in public
service in the nonprofit sector or government;
(F) understanding and obtaining knowledge of United
States history and government; and
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115
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 179A
(G) social enterprise and innovation.
(2) DATA FROM STATISTICAL AGENCIES.—The Director of the
Bureau of the Census and the Commissioner of Labor Statistics shall collect annually, to the extent practicable, data to inform the Civic Health Assessment, and shall report data from
such collection to the partnership. In determining the data to
be collected, the Director and the Commissioner shall examine
privacy issues, response rates, and other relevant issues.
(3) SOURCES OF DATA.—To obtain data for the Civic Health
Assessment, the partnership shall consider—
(A) data collected through public and private sources;
and
(B) data collected by the Bureau of the Census,
through the Current Population Survey, or by the Bureau
of Labor Statistics, in accordance with paragraph (2).
(4) DEMOGRAPHIC CHARACTERISTICS.—The partnership
shall seek to obtain data for the Civic Health Assessment that
will permit the partnership to analyze the data by age group,
race and ethnicity, education level, and other demographic
characteristics of the individuals involved.
(5) OTHER ISSUES.—In obtaining data for the Civic Health
Assessment, the partnership may also obtain such information
as may be necessary to analyze—
(A) the role of Internet technology in strengthening
and inhibiting civic activities;
(B) the role of specific programs in strengthening civic
activities;
(C) the civic attitudes and activities of new citizens
and immigrants; and
(D) other areas related to civic activities.
(e) REPORTING OF DATA.—
(1) IN GENERAL.—The partnership shall, not less often
than once each year, prepare a report containing—
(A) detailed data obtained under subsection (d), including data on the indicators comprising the Civic Health
Assessment; and
(B) the analyses described in paragraphs (4) and (5) of
subsection (d), to the extent practicable based on the data
the partnership is able to obtain.
(2) AGGREGATION AND PRESENTATION.—The partnership
shall, to the extent practicable, aggregate the data on the civic
health indicators comprising the Civic Health Assessment by
community, by State, and nationally. The report described in
paragraph (1) shall present the aggregated data in a form that
enables communities and States to assess their civic health, as
measured on each of the indicators comprising the Civic Health
Assessment, and compare those measures with comparable
measures of other communities and States.
(3) SUBMISSION.—The partnership shall submit the report
to the authorizing committees, and make the report available
to the general public on the Corporation’s website.
(f) PUBLIC INPUT.—The partnership shall—
(1) identify opportunities for public dialogue and input on
the Civic Health Assessment; and
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Sec. 180
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
116
(2) hold conferences and forums to discuss the implications
of the data and analyses reported under subsection (e).
(g) VOLUNTEERING RESEARCH AND EVALUATION.—
(1) RESEARCH.—The partnership shall provide for baseline
research and tracking of domestic and international volunteering, and baseline research and tracking related to relevant
data on the indicators described in subsection (d). In providing
for the research and tracking under this subsection, the partnership shall consider data from the Supplements to the Current Populations Surveys conducted by the Bureau of the Census for the Bureau of Labor Statistics, and data from other
public and private sources, including other data collected by
the Bureau of the Census and the Bureau of Labor Statistics.
(2) IMPACT RESEARCH AND EVALUATION.—The partnership
shall sponsor an independent evaluation of the impact of domestic and international volunteering, including an assessment
of best practices for such volunteering, and methods of improving such volunteering through enhanced collaboration among—
(A) entities that recruit, manage, support, and utilize
volunteers;
(B) institutions of higher education; and
(C) research institutions.
(h) DATABASE PROHIBITION.—Nothing in this Act shall be construed to authorize the development, implementation, or maintenance of a Federal database of personally identifiable information
on individuals participating in data collection for sources of information under this section.
SEC. 180. [42 U.S.C. 12640] 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 national service educational awards and for the payment of other necessary expenses and costs associated with such participant.
SEC. 181. [42 U.S.C. 12641] CONTINGENT EXTENSION.
Section 422 of the General Education Provisions Act (20 U.S.C.
1226a) shall apply to this Act.
SEC. 182. [42 U.S.C. 12642] PARTNERSHIPS WITH SCHOOLS.
(a) DESIGN OF PROGRAMS.—The head of each Federal
agency
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 opportunities 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 partnership and youth service programs in each such agency and
department and for developing partnership and youth service
programs;
(3) the encouragement of employees of such agencies and
departments to participate in partnership programs and other
service projects;
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117
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 183
(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.—
(1) FEDERAL AGENCY SUBMISSION.—The head of each Federal agency and department shall prepare and submit to the
Corporation a report concerning the implementation of this
section, including an evaluation of the agency or department’s
performance on performance goals and benchmarks for each
partnership program of the agency or department.
(2) REPORT TO CONGRESS.—The Corporation shall prepare
and submit to the authorizing committees a compilation of the
information received under paragraph (1).
SEC. 183. [42 U.S.C. 12643] RIGHTS OF ACCESS, EXAMINATION, AND
COPYING.
(a) COMPTROLLER GENERAL.—Consistent with otherwise appli-
cable law, the Comptroller General, or any of the duly authorized
representatives of the Comptroller General, shall have access to,
and the right to examine and copy, any books, documents, papers,
records, and other recorded information in any form—
(1) within the possession or control of the Corporation or
any State or local government, territory, Indian tribe, or public
or private nonprofit organization receiving assistance directly
or indirectly under this Act; and
(2) that the Comptroller General, or his representative,
considers necessary to the performance of an evaluation, audit,
or review.
(b) CHIEF FINANCIAL OFFICER.—Consistent with otherwise applicable law, the Chief Financial Officer of the Corporation shall
have access to, and the right to examine and copy, any books, documents, papers, records, and other recorded information in any
form—
(1) within the possession or control of the Corporation or
any State or local government, territory 1 Indian tribe, or public or private nonprofit organization receiving assistance directly or indirectly under this Act; and
(2) that relates to the duties of the Chief Financial Officer.
(c) INSPECTOR GENERAL.—Consistent with otherwise applicable
law, the Inspector General of the Corporation shall have access to,
and the right to examine and copy, any books, documents, papers,
records, and other recorded information in any form—
(1) within the possession or control of the Corporation or
any State or local government, territory, Indian tribe, or public
or private nonprofit organization receiving assistance directly
or indirectly under the national service laws; and
(2) that relates to—
(A) such assistance; and
(B) the duties of the Inspector General under the Inspector General Act of 1978 (5 U.S.C. App.).
1 So in law. Probably should read ‘‘territory,’’. See amendment made by section 1611(2)(B) of
Public Law 111–13 (123 Stat. 1537).
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Sec. 184
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
118
SEC. 184. [42 U.S.C. 12644] DRUG-FREE WORKPLACE REQUIREMENTS.
All programs receiving grants under this title shall be subject
to the Drug-Free Workplace Requirements for Federal Grant Recipients under sections 5153 through 5158 of the Anti-Drug Abuse
Act of 1988 (41 U.S.C. 702–707).
SEC. 184A. [42 U.S.C. 12644a] AVAILABILITY OF ASSISTANCE.
A reference in subtitle C, D, E, or H of title I regarding an entity eligible to receive direct or indirect assistance to carry out a
national service program shall include a non-profit organization
promoting competitive and non-competitive sporting events involving individuals with disabilities (including the Special Olympics),
which enhance the quality of life for individuals with disabilities.
SEC. 185. [42 U.S.C. 12644b] CONSOLIDATED APPLICATION AND REPORTING REQUIREMENTS.
(a) IN GENERAL.—To promote efficiency and eliminate duplica-
tive requirements, the Corporation shall consolidate or modify application procedures and reporting requirements for programs,
projects, and activities funded under the national service laws.
(b) REPORT TO CONGRESS.—Not later than 18 months after the
effective date of the Serve America Act, the Corporation shall submit to the authorizing committees a report containing information
on the actions taken to consolidate or modify the application procedures and reporting requirements for programs, projects, and activities funded under the national service laws, including a description of the procedures for consultation with recipients of the funding.
SEC. 186. [42 U.S.C. 12645] SUSTAINABILITY.
The Corporation, after consultation with State Commissions
and recipients of assistance, may set sustainability goals for
projects or programs under the national service laws, so that recipients of assistance under the national service laws are carrying out
sustainable projects or programs. Such sustainability goals shall be
in writing and shall be used—
(1) to build the capacity of the projects or programs that
receive assistance under the national service laws to meet community needs;
(2) in providing technical assistance to recipients of assistance under the national service laws regarding acquiring and
leveraging non-Federal funds for support of the projects or programs that receive such assistance; and
(3) to determine whether the projects or programs, receiving such assistance, are generating sufficient community support.
SEC. 187. [42 U.S.C. 12645a] GRANT PERIODS.
Unless otherwise specifically provided, the Corporation has authority to award a grant or contract, or enter into a cooperative
agreement, under the national service laws for a period of 3 years.
SEC. 188. [42 U.S.C. 12645b] GENERATION OF VOLUNTEERS.
In making decisions on applications for assistance or approved
national service positions under the national service laws, the Corporation shall take into consideration the extent to which the applicant’s proposal will increase the involvement of volunteers in meetMay 19, 2009
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119
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 189A
ing community needs. In reviewing the application for this purpose,
the Corporation may take into account the mission of the applicant.
SEC. 189. [42 U.S.C. 12645c] LIMITATION ON PROGRAM GRANT COSTS.
(a) LIMITATION ON GRANT AMOUNTS.—Except as otherwise pro-
vided by this section, the amount of funds approved by the Corporation for a grant to operate a program authorized under the national service laws, for supporting individuals serving in approved
national service positions, may not exceed $18,000 per full-time
equivalent position.
(b) COSTS SUBJECT TO LIMITATION.—The limitation under subsection (a), and the increased limitation under subsection (e)(1),
shall apply to the Corporation’s share of the member support costs,
staff costs, and other costs to operate a program authorized under
the national service laws incurred, by the recipient of the grant.
(c) COSTS NOT SUBJECT TO LIMITATION.—The limitation under
subsection (a), and the increased limitation under subsection (e)(1),
shall not apply to expenses under a grant authorized under the national service laws to operate a program that are not included in
the grant award for operating the program.
(d) ADJUSTMENTS FOR INFLATION.—The amounts specified in
subsections (a) and (e)(1) shall be adjusted each year after 2008 for
inflation as measured by the Consumer Price Index for All Urban
Consumers published by the Secretary of Labor.
(e) WAIVER AUTHORITY AND REPORTING REQUIREMENT.—
(1) WAIVER.—The Chief Executive Officer may increase the
limitation under subsection (a) to not more than $19,500 per
full-time equivalent position if necessary to meet the compelling needs of a particular program, such as—
(A) exceptional training needs for a program serving
disadvantaged youth;
(B) the need to pay for increased costs relating to the
participation of individuals with disabilities;
(C) the needs of tribal programs or programs located
in the territories; and
(D) the need to pay for start-up costs associated with
a first-time recipient of assistance under a program of the
national service laws.
(2) REPORTS.—The Chief Executive Officer shall report to
the authorizing committees annually on all limitations increased under this subsection, with an explanation of the compelling needs justifying such increases.
SEC. 189A. [42 U.S.C. 12645d] MATCHING FUNDS FOR SEVERELY ECONOMICALLY DISTRESSED COMMUNITIES.
(a) IN GENERAL.—Notwithstanding any other provision of law,
a severely economically distressed community that receives assistance from the Corporation for any program under the national
service laws shall not be subject to any requirements to provide
matching funds for any such program, and the Federal share of
such assistance for such a community may be 100 percent.
(b) SEVERELY ECONOMICALLY DISTRESSED COMMUNITY.—For
the purposes of this section, the term ‘‘severely economically distressed community’’ means—
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Sec 189B
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
120
(1) an area that has a mortgage foreclosure rate, home
price decline, and unemployment rate all of which are above
the national average for such rates or level, for the most recent
12 months for which satisfactory data are available; or
(2) a residential area that lacks basic living necessities,
such as water and sewer systems, electricity, paved roads, and
safe, sanitary housing.
SEC. 189B. [42 U.S.C. 12645e] AUDITS AND REPORTS.
The Corporation shall comply with applicable audit and reporting requirements as provided in the Chief Financial Officers Act of
1990 (31 U.S.C. 901 note; Public Law 101–576) and chapter 91 of
title 31, United States Code (commonly known as the ‘‘Government
Corporation Control Act’’). The Corporation shall report to the authorizing committees any failure to comply with such requirements.
SEC. 189C. [42 U.S.C. 12645f] RESTRICTIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS.
(a) GENERAL PROHIBITION.—Nothing in the national service
laws shall be construed to authorize an officer or employee of the
Federal Government to mandate, direct, or control a State, local
educational agency, or school’s curriculum, program of instruction,
or allocation of State or local resources, or mandate a State or any
subdivision thereof to spend any funds or incur any costs not paid
for under this Act.
(b) PROHIBITION ON ENDORSEMENT OF CURRICULUM.—Notwithstanding any other prohibition of Federal law, no funds provided
to the Corporation under this Act may be used by the Corporation
to endorse, approve, or sanction any curriculum designed to be
used in an elementary school or secondary school.
(c) PROHIBITION ON REQUIRING FEDERAL APPROVAL OR CERTIFICATION STANDARDS.—Notwithstanding any other provision of Federal law, not State shall be required to have academic content or
student academic achievement standards approved or certified by
the Federal Government, in order to receive assistance under this
Act.
SEC. 189D. [42 U.S.C. 12645g] CRIMINAL HISTORY CHECKS.
(a) IN GENERAL.—Each entity selecting individuals
to serve in
a position in which the individuals receive a living allowance, stipend, national service educational award, or salary through a program receiving assistance under the national service laws, shall,
subject to regulations and requirements established by the Corporation, conduct criminal history checks for such individuals.
(b) REQUIREMENTS.—A criminal history check under subsection
(a) shall, except in cases approved for good cause by the Corporation, include—
(1) a name-based search of the National Sex Offender Registry established under the Adam Walsh Child Protection and
Safety Act of 2006 (42 U.S.C. 16901 et seq.); and
(2)(A) a search of the State criminal registry or repository
in the State in which the program is operating and the State
in which the individual resides at the time of application; or
(B) submitting fingerprints to the Federal Bureau of Investigation for a national criminal history background check.
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121
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 189D
(c) ELIGIBILITY PROHIBITION.—An individual shall be ineligible
to serve in a position described under subsection (a) if such individual—
(1) refuses to consent to the criminal history check described in subsection (b);
(2) makes a false statement in connection with such criminal history check;
(3) is registered, or is required to be registered, on a State
sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety
Act of 2006 (42 U.S.C. 16901 et seq.); or
(4) has been convicted of murder, as described in section
1111 of title 18, United States Code.
(d) SPECIAL RULE FOR INDIVIDUALS WORKING WITH VULNERABLE POPULATIONS.—
(1) IN GENERAL.—Notwithstanding subsection (b), on and
after the date that is 2 years after the date of enactment of the
Serve America Act, a criminal history check under subsection
(a) for each individual described in paragraph (2) shall, except
for an entity described in paragraph (3), include—
(A) a name-based search of the National Sex Offender
Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.);
(B) a search of the State criminal registry or repository in the State in which the program is operating and
the State in which the individual resides at the time of application; and
(C) submitting fingerprints to the Federal Bureau of
Investigation for a national criminal history background
check.
(2) INDIVIDUALS WITH ACCESS TO VULNERABLE POPULATIONS.—An individual described in this paragraph is an individual age 18 or older who—
(A) serves in a position in which the individual receives a living allowance, stipend, national service educational award, or salary through a program receiving assistance under the national service laws; and
(B) as a result of such individual’s service in such position, has or will have access, on a recurring basis, to—
(i) children age 17 years or younger;
(ii) individuals age 60 years or older; or
(iii) individuals with disabilities.
(3) EXCEPTIONS.—The provisions of this subsection shall
not apply to an entity—
(A) where the service provided by individuals serving
with the entity to a vulnerable population described in
paragraph (2)(B) is episodic in nature or for a 1-day period;
(B) where the cost to the entity of complying with this
subsection is prohibitive;
(C) where the entity is not authorized, or is otherwise
unable, under State law, to access the national criminal
history background check system of the Federal Bureau of
Investigation;
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Sec. 191
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
122
(D) where the entity is not authorized, or is otherwise
unable, under Federal law, to access the national criminal
history background check system of the Federal Bureau of
Investigation; or
(E) to which the Corporation otherwise provides an exemption from this subsection for good cause.
Subtitle G—Corporation for National and
Community Service
SEC. 191. [42 U.S.C. 12651] CORPORATION FOR NATIONAL AND COMMUNITY SERVICE.
There is established a Corporation for National and Community Service that shall administer the programs established under
the national service laws. The Corporation shall be a Government
corporation, as defined in section 103 of title 5, United States Code.
SEC. 192. [42 U.S.C. 12651a] BOARD OF DIRECTORS.
(a) COMPOSITION.—
(1) IN GENERAL.—There shall be in
the Corporation a
Board of Directors (referred to in this subtitle as the ‘‘Board’’)
that shall be composed of—
(A) 15 members, including an individual between the
ages of 16 and 25 who—
(i) has served in a school-based or communitybased service-learning program; or
(ii) is or was a participant or a supervisor in a
program;
to be appointed by the President, by and with the advice
and consent of the Senate; and
(B) the ex officio nonvoting members described in
paragraph (3).
(2) QUALIFICATIONS.—To the maximum extent practicable,
the President shall appoint members—
(A) who have extensive experience in volunteer or
service activities, which may include programs funded
under one of the national service laws, and in State government;
(B) who represent a broad range of viewpoints;
(C) who are experts in the delivery of human, educational, environmental, or public safety services;
(D) so that the Board shall be diverse according to
race, ethnicity, age, gender, and disability characteristics;
and
(E) so that no more than 50 percent of the appointed
members of the Board, plus 1 additional appointed member, are from a single political party.
(3) EX OFFICIO MEMBERS.—The Secretary of Education, the
Secretary of Health and Human Services, the Secretary of
Labor, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Housing and Urban Development, the
Secretary of Defense, the Attorney General, the Director of the
Peace Corps, the Administrator of the Environmental Protec-
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123
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 192A
tion Agency, and the Chief Executive Officer shall serve as ex
officio nonvoting members of the Board.
(b) OFFICERS.—
(1) CHAIRPERSON.—The President shall appoint a member
of the Board to serve as the initial Chairperson of the Board.
Each subsequent Chairperson shall be elected by the Board
from among its members.
(2) VICE CHAIRPERSON.—The Board shall elect a Vice
Chairperson from among its membership.
(3) OTHER OFFICERS.—The Board may elect from among its
membership such additional officers of the Board as the Board
determines to be appropriate.
(c) TERMS.—Subject to subsection (e), each appointed member
shall serve for a term of 5 years.
(d) VACANCIES.—If a vacancy occurs on the Board, a new member shall be appointed by the President, by and with the advice and
consent of the Senate, and serve for the remainder of the term for
which the predecessor of such member was appointed. The vacancy
shall not affect the power of the remaining members to execute the
duties of the Board.
(e) SERVICE UNTIL APPOINTMENT OF SUCCESSOR.—A voting
member of the Board whose term has expired may continue to
serve on the Board until the date on which the member’s successor
takes office, which period shall not exceed 1 year.
SEC. 192A. [42 U.S.C. 12651b] AUTHORITIES AND DUTIES OF THE
BOARD OF DIRECTORS.
(a) MEETINGS.—The Board shall meet not less often than 3
times each year. The Board shall hold additional meetings at the
call of the Chairperson of the Board, or if 6 members of the Board
request such meetings in writing.
(b) QUORUM.—A majority of the appointed members of the
Board shall constitute a quorum.
(c) AUTHORITIES OF OFFICERS.—
(1) CHAIRPERSON.—The Chairperson of the Board may call
and conduct meetings of the Board.
(2) VICE CHAIRPERSON.—The Vice Chairperson of the
Board may conduct meetings of the Board in the absence of the
Chairperson.
(d) EXPENSES.—While away from their homes or regular places
of business on the business of the Board, members of such Board
shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, for persons
employed intermittently in the Government service.
(e) SPECIAL GOVERNMENT EMPLOYEES.—For purposes of the
provisions of chapter 11 of part I of title 18, United States Code,
and any other provision of Federal law, a member of the Board (to
whom such provisions would not otherwise apply except for this
subsection) shall be a special Government employee.
(f) STATUS OF MEMBERS.—
(1) TORT CLAIMS.—For the purposes of the tort claims provisions of chapter 171 of title 28, United States Code, a member of the Board shall be considered to be a Federal employee.
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Sec. 192A
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
124
(2) OTHER CLAIMS.—A member of the Board shall have no
personal liability under Federal law with respect to any claim
arising out of or resulting from any act or omission by such
person, within the scope of the service of the member on the
Board, in connection with any transaction involving the provision of financial assistance by the Corporation. This paragraph
shall not be construed to limit personal liability for criminal
acts or omissions, willful or malicious misconduct, acts or omissions for private gain, or any other act or omission outside the
scope of the service of such member on the Board.
(3) EFFECT ON OTHER LAW.—This subsection shall not be
construed—
(A) to affect any other immunities and protections that
may be available to such member under applicable law
with respect to such transactions;
(B) to affect any other right or remedy against the
Corporation, against the United States under applicable
law, or against any person other than a member of the
Board participating in such transactions; or
(C) to limit or alter in any way the immunities that
are available under applicable law for Federal officials and
employees not described in this subsection.
(g) DUTIES.—The Board shall have responsibility for setting
overall policy for the Corporation and shall—
(1) review and approve the strategic plan described in section 193A(b)(1), and annual updates of the plan, and review
the budget proposal in advance of submission to the Office of
Management and Budget;
(2) review and approve the proposal described in section
193A(b)(2)(A), with respect to the grants, allotments, contracts,
financial assistance, payment, and positions referred to in such
section;
(3) review and approve the proposal described in section
193A(b)(3)(A), regarding the regulations, standards, policies,
procedures, programs, and initiatives referred to in such section;
(4) review and approve the evaluation plan described in
section 193A(b)(4)(A);
(5)(A) review, and advise the Chief Executive Officer regarding, the actions of the Chief Executive Officer with respect
to the personnel of the Corporation, and with respect to such
standards, policies, procedures, programs, and initiatives as
are necessary or appropriate to carry out the national service
laws;
(B) inform the Chief Executive Officer of any aspects of the
actions of the Chief Executive Officer that are not in compliance with the annual strategic plan referred to in paragraph
(1), the proposals referred to in paragraphs (2) and (3), or the
plan referred to in paragraph (4), or are not consistent with
the objectives of the national service laws; and
(C) review the performance of the Chief Executive Officer
annually and forward a report on that review to the President;
(6) receive any report as provided under subsection (b), (c),
or (d) of section 8E of the Inspector General Act of 1978;
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125
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 192A
(7) make recommendations relating to a program of research for the Corporation with respect to national and community service programs, including service-learning programs;
(8) advise the President and the authorizing committees
concerning developments in national and community service
that merit the attention of the President and the authorizing
committees;
(9) ensure effective dissemination of information regarding
the programs and initiatives of the Corporation;
(10) notwithstanding any other provision of law—
(A) make grants to or contracts with Federal and other
public departments or agencies, and private nonprofit organizations, for the assignment or referral of volunteers
under the provisions of title I of the Domestic Volunteer
Service Act of 1973 (42 U.S.C. 4950 et seq.) (except as provided in section 108 of such Act), which may provide that
the agency or organization shall pay all or a part of the
costs of the program; and
(B) enter into agreements with other Federal agencies
or private nonprofit organizations for the support of programs under the national service laws, which—
(i) may provide that the agency or organization
shall pay all or a part of the costs of the program, except as is provided in section 121(b); and
(ii) shall provide that the program (including any
program operated by another Federal agency) will
comply with all requirements related to evaluation,
performance, and other goals applicable to similar programs under the national service laws, as determined
by the Corporation,
(11) prepare and make recommendations to the authorizing committees and the President for changes in the national
service laws resulting from the studies and demonstrations the
Chief Executive Officer is required to carry out under section
193A(b)(11), which recommendations shall be submitted to the
authorizing committees and President not later than January
1, 2012.
(h) ADMINISTRATION.—The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply with respect to the Board.
(i) LIMITATION ON PARTICIPATION.—All employees and officers
of the Corporation shall recuse themselves from decisions that
would constitute conflicts of interest.
(j) COORDINATION WITH OTHER FEDERAL ACTIVITIES.—As part
of the agenda of meetings of the Board under subsection (a), the
Board shall review projects and programs conducted or funded by
the Corporation under the national service laws to improve the coordination between such projects and programs, and the activities
of other Federal agencies that deal with the individuals and communities participating in or benefiting from such projects and programs. The ex officio members of the Board specified in section
192(a)(3) shall jointly plan, implement, and fund activities in connection with projects and programs conducted under the national
service laws to ensure that Federal efforts attempt to address the
total needs of participants in such programs and projects, their
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Sec. 193
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
126
communities, and the persons and communities the participants
serve.
SEC. 193. [42 U.S.C. 12651c] CHIEF EXECUTIVE OFFICER.
(a) APPOINTMENT.—The Corporation shall be headed
by an individual who shall serve as Chief Executive Officer of the Corporation, and who shall be appointed by the President, by and with the
advice and consent of the Senate.
(b) COMPENSATION.—The Chief Executive Officer shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent.
(c) REGULATIONS.—The Chief Executive Officer shall prescribe
such rules and regulations as are necessary or appropriate to carry
out the national service laws.
SEC. 193A. [42 U.S.C. 12651d] AUTHORITIES AND DUTIES OF THE CHIEF
EXECUTIVE OFFICER.
(a) GENERAL POWERS AND DUTIES.—The Chief Executive Offi-
cer shall be responsible for the exercise of the powers and the discharge of the duties of the Corporation that are not reserved to the
Board, and shall have authority and control over all personnel of
the Corporation, except as provided in section 8E of the Inspector
General Act of 1978.
(b) DUTIES.—In addition to the duties conferred on the Chief
Executive Officer under any other provision of the national service
laws, the Chief Executive Officer, in collaboration with the State
Commissions, shall—
(1) prepare and submit to the Board a strategic plan, including a plan for having 50 percent of all approved national
service positions be full-time positions by 2012, every 3 years,
and annual updates of the plan, for the Corporation with respect to the major functions and operations of the Corporation;
(2)(A) prepare and submit to the Board a proposal with respect to such grants and allotments, contracts, other financial
assistance, and designation of positions as approved national
service positions, as are necessary or appropriate to carry out
the national service laws; and
(B) after receiving and reviewing an approved proposal
under section 192A(g)(2), make such grants and allotments,
enter into such contracts, award such other financial assistance, make such payments (in lump sum or installments, and
in advance or by way of reimbursement, and in the case of financial assistance otherwise authorized under the national
service laws, with necessary adjustments on account of overpayments and underpayments), and designate such positions
as approved national service positions, approved summer of
service positions, and approved silver scholar positions as are
necessary or appropriate to carry out the national service laws;
(3)(A) prepare and submit to the Board a proposal regarding, the regulations established under section 195(b)(3)(A), and
such other standards, policies, procedures, programs, and initiatives as are necessary or appropriate to carry out the national service laws; and
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127
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 193A
(B) after receiving and reviewing an approved proposal
under section 192A(g)(3)—
(i) establish such standards, policies, and procedures
as are necessary or appropriate to carry out the national
service laws; and
(ii) establish and administer such programs and initiatives as are necessary or appropriate to carry out the national service laws;
(4)(A) prepare and submit to the Board a plan for the evaluation of programs established under the national service laws,
in accordance with section 179; and
(B) after receiving an approved proposal under section
192A(g)(4)—
(i) establish measurable performance goals and objectives for such programs, in accordance with section 179;
and
(ii) provide for periodic evaluation of such programs to
assess the manner and extent to which the programs
achieve the goals and objectives, in accordance with such
section;
(5) consult with appropriate Federal agencies in administering the programs and initiatives;
(6) suspend or terminate payments and positions described
in paragraph (2)(B), in accordance with section 176;
(7) prepare and submit to the authorizing committees and
the Board an annual report on actions taken to achieve the
goal of having 50 percent of all approved national service positions be full-time positions by 2012 as described in paragraph
(1), including an assessment of the progress made toward
achieving that goal and the actions to be taken in the coming
year toward achieving that goal;
(8) prepare and submit to the Board an annual report, and
such interim reports as may be necessary, describing the major
actions of the Chief Executive Officer with respect to the personnel of the Corporation, and with respect to such standards,
policies, procedures, programs, and initiatives;
(9) inform the Board of, and provide an explanation to the
Board regarding, any substantial differences regarding the implementation of the national service laws between—
(A) the actions of the Chief Executive Officer; and
(B)(i) the strategic plan approved by the Board under
section 192A(g)(1);
(ii) the proposals approved by the Board under paragraph (2) or (3) of section 192A(g); or
(iii) the evaluation plan approved by the Board under
section 192A(g)(4);
(10) prepare and submit to the authorizing committees an
annual report, and such interim reports as may be necessary,
describing—
(A) the services referred to in paragraph (1), and the
money and property referred to in paragraph (2), of section
196(a) that have been accepted by the Corporation;
(B) the manner in which the Corporation used or disposed of such services, money, and property; and
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Sec. 193A
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
128
(C) information on the results achieved by the programs funded under the national service laws during the
year preceding the year in which the report is prepared;
(11) provide for studies (including the evaluations described in subsection (f)) and demonstrations that evaluate,
and prepare and submit to the Board periodically, a report containing recommendations regarding, issues related to—
(A) the administration and organization of programs
authorized under the national service laws or under Public
Law 91–378 (referred to in this subparagraph as ‘‘service
programs’’), including—
(i) whether the State and national priorities, as
described in section 122(f)(1), designed to meet unmet
human, education, environmental, or public safety
needs are being addressed by this Act;
(ii) the manner in which—
(I) educational and other outcomes of both
stipended and nonstipended service and servicelearning are defined and measured in such service
programs; and
(II) such outcomes should be defined and
measured in such service programs;
(iii) whether stipended service programs, and
service programs providing educational benefits in return for service, should focus on economically disadvantaged individuals or at-risk youth or whether
such programs should include a mix of individuals, including individuals from middle- and upper-income
families;
(iv) the role and importance of stipends and educational benefits in achieving desired outcomes in the
service programs;
(v) the potential for cost savings and coordination
of support and oversight services from combining functions performed by ACTION State offices and State
Commissions;
(vi) the implications of the results from such studies and demonstrations for authorized funding levels
for the service programs; and
(vii) other issues that the Director determines to
be relevant to the administration and organization of
the service programs; and
(B) the number, potential consolidation, and future organization of national service or domestic volunteer service
programs that are authorized under Federal law, including
VISTA, service corps assisted under subtitle C and other
programs authorized by this Act, programs administered
by the Public Health Service, the Department of Defense,
or other Federal agencies, programs regarding teacher
corps, and programs regarding work-study and higher education loan forgiveness or forbearance programs authorized
by the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.) related to community service;
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129
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 193A
(12) for purposes of section 178(d)(6)(B), issue regulations
to waive the disqualification of members of the Board and
members of the State Commissions selectively in a random,
nondiscretionary manner and only to the extent necessary to
establish the quorum involved, including rules that forbid each
member of the Board and each voting member of a State Commission to participate in any discussion or decision regarding
the provision of assistance or approved national service positions, or the continuation, suspension, or termination of such
assistance or such positions, to any program or entity of which
such member of the Board or such member of the State Commission is, or in the 1-year period before the submission of the
application referred to in such section was, an officer, director,
trustee, full-time volunteer, or employee;
(13) bolster the public awareness of and recruitment efforts for the wide range of service opportunities for citizens of
all ages, regardless of socioeconomic status or geographic location, through a variety of methods, including—
(A) print media;
(B) the Internet and related emerging technologies;
(C) television;
(D) radio;
(E) presentations at public or private forums;
(F) other innovative methods of communication; and
(G) outreach to offices of economic development, State
employment security agencies, labor organizations and
trade associations, local educational agencies, institutions
of higher education, agencies and organizations serving
veterans and individuals with disabilities, and other institutions or organizations from which participants for programs receiving assistance from the national service laws
can be recruited;
(14) identify and implement methods of recruitment to—
(A) increase the diversity of participants in the programs receiving assistance under the national service
laws; and
(B) increase the diversity of service sponsors of programs desiring to receive assistance under the national
service laws;
(15) coordinate with organizations of former participants of
national service programs for service opportunities that may
include capacity building, outreach, and recruitment for programs receiving assistance under the national service laws;
(16) collaborate with organizations with demonstrated expertise in supporting and accommodating individuals with disabilities, including institutions of higher education, to identify
and implement methods of recruitment to increase the number
of participants who are individuals with disabilities in the programs receiving assistance under the national service laws;
(17) identify and implement recruitment strategies and
training programs for bilingual volunteers in the National Senior Service Corps under title II of the Domestic Volunteer Service Act of 1973;
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Sec. 193A
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
130
(18) collaborate with organizations that have established
volunteer recruitment programs to increase the recruitment capacity of the Corporation;
(19) where practicable, provide application materials in
languages other than English for individuals with limited
English proficiency who wish to participate in a national service program;
(20) collaborate with the training and technical assistance
programs described in subtitle J with respect to the activities
described in section 199N(b));
(21) coordinate the clearinghouses described in section
198O;
(22) coordinate with entities receiving funds under subtitle
C in establishing the National Service Reserve Corps under
section 198H, through which alumni of the national service
programs and veterans can serve in disasters and emergencies
(as such terms are defined in section 198H(a));
(23) identify and implement strategies to increase awareness among Indian tribes of the types and availability of assistance under the national service laws, increase Native American participation in programs under the national service laws,
collect information on challenges facing Native American communities, and designate a Strategic Advisor for Native American Affairs to be responsible for the execution of those activities under the national service laws;
(24) conduct outreach to ensure the inclusion of economically disadvantaged individuals in national service programs
and activities authorized under the national service laws; and
(25) ensure that outreach, awareness, and recruitment efforts are consistent with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).
(c) POWERS.—In addition to the authority conferred on the
Chief Executive Officer under any other provision of the national
service laws, the Chief Executive Officer may—
(1) establish, alter, consolidate, or discontinue such organizational units or components within the Corporation as the
Chief Executive Officer considers necessary or appropriate,
consistent with Federal law, and shall, to the maximum extent
practicable, consolidate such units or components of the divisions of the Corporation described in section 194(a)(3) as may
be appropriate to enable the two divisions to coordinate common support functions;
(2) with the approval of the President, arrange with and
reimburse the heads of other Federal agencies for the performance of any of the provisions of the national service laws;
(3) with their consent, utilize the services and facilities of
Federal agencies with or without reimbursement, and, with the
consent of any State, or political subdivision of a State, accept
and utilize the services and facilities of the agencies of such
State or subdivisions without reimbursement;
(4) allocate and expend funds made available under the
national service laws;
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131
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 193A
(5) disseminate, without regard to the provisions of section
3204 of title 39, United States Code, data and information, in
such form as the Chief Executive Officer shall determine to be
appropriate to public agencies, private organizations, and the
general public;
(6) collect or compromise all obligations to or held by the
Chief Executive Officer and all legal or equitable rights accruing to the Chief Executive Officer in connection with the payment of obligations in accordance with chapter 37 of title 31,
United States Code (commonly known as the ‘‘Federal Claims
Collection Act of 1966’’);
(7) file a civil action in any court of record of a State having general jurisdiction or in any district court of the United
States, with respect to a claim arising under this Act;
(8) exercise the authorities of the Corporation under section 196;
(9) consolidate the reports to the authorizing committees
required under the national service laws, and the report required under section 9106 of title 31, United States Code, into
a single report, and submit the report to the authorizing committees on an annual basis;
(10) obtain the opinions of peer reviewers in evaluating applications to the Corporation for assistance under this title;
and
(11) generally perform such functions and take such steps
consistent with the objectives and provisions of the national
service laws, as the Chief Executive Officer determines to be
necessary or appropriate to carry out such provisions.
(d) DELEGATION.—
(1) DEFINITION.—As used in this subsection, the term
‘‘function’’ means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program.
(2) IN GENERAL.—Except as otherwise prohibited by law or
provided in the national service laws, the Chief Executive Officer may delegate any function under this Act, and authorize
such successive redelegations of such function as may be necessary or appropriate. No delegation of a function by the Chief
Executive Officer under this subsection or under any other provision of this Act shall relieve such Chief Executive Officer of
responsibility for the administration of such function.
(3) FUNCTION OF BOARD.—The Chief Executive Officer may
not delegate a function of the Board without the permission of
the Board.
(e) ACTIONS.—In an action described in subsection (c)(7)—
(1) a district court referred to in such subsection shall have
jurisdiction of such a civil action without regard to the amount
in controversy;
(2) such an action brought by the Chief Executive Officer
shall survive notwithstanding any change in the person occupying the office of Chief Executive Officer or any vacancy in
that office;
(3) no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Chief
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Sec. 193A
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
132
Executive Officer or the Board or property under the control of
the Chief Executive Officer or the Board; and
(4) nothing in this section shall be construed to except litigation arising out of activities under this Act from the application of sections 509, 517, 547, and 2679 of title 28, United
States Code.
(f) EVALUATIONS.—
(1) EVALUATION OF LIVING ALLOWANCE.—The Corporation
shall arrange for an independent evaluation to determine the
levels of living allowances paid in all programs under subtitles
C and I, individually, by State, and by region. Such evaluation
shall determine the effects that such living allowances have
had on the ability of individuals to participate in such programs.
(2) EVALUATION OF SUCCESS OF INVESTMENT IN NATIONAL
SERVICE.—
(A) EVALUATION REQUIRED.—The Corporation shall arrange for the independent evaluation of the operation of
subtitle C to determine the levels of participation of economically disadvantaged individuals in national service
programs carried out or supported using assistance provided under section 121.
(B) PERIOD COVERED BY EVALUATION.—The evaluation
required by this paragraph shall cover the period beginning on the date the Corporation first makes a grant
under section 121, and ending on a date that is as close
as is practicable to the the first date that a report is submitted under subsection (b)(11) after the effective date of
the Serve America Act.
(C) INCOME LEVELS OF PARTICIPANTS.—The evaluating
entity shall determine the total income of each participant
who serves, during the period covered by the evaluation, in
a national service program carried out or supported using
assistance provided under section 121 or in an approved
national service position. The total income of the participant shall be determined as of the date the participant
was first selected to participate in such a program and
shall include family total income unless the evaluating entity determines that the participant was independent at
the time of selection.
(D) ASSISTANCE FOR DISTRESSED AREAS.—The evaluating entity shall also determine the amount of assistance
provided under section 121 during the period covered by
the report that has been expended for projects conducted
in areas of economic distress described in section 133(c)(6).
(E) DEFINITIONS.—As used in this paragraph:
(i) INDEPENDENT.—The term ‘‘independent’’ has
the meaning given the term in section 480(d) of the
Higher Education Act of 1965 (20 U.S.C. 1087vv(d)).
(ii) TOTAL INCOME.—The term ‘‘total income’’ has
the meaning given the term in section 480(a) of the
Higher Education Act of 1965 (20 U.S.C. 1087vv(a)).
(g) RECRUITMENT AND PUBLIC AWARENESS FUNCTIONS.—
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133
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 194
(1) EFFORT.—The Chief Executive Officer shall ensure that
the Corporation, in carrying out the recruiting and public
awareness functions of the Corporation, shall expend at least
the level of effort on recruitment and public awareness activities related to the programs carried out under the Domestic
Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.) as ACTION expended on recruitment and public awareness activities
related to programs under the Domestic Volunteer Service Act
of 1973 during fiscal year 1993.
(2) PERSONNEL.—The Chief Executive Officer shall assign
or hire, as necessary, such additional national, regional, and
State personnel to carry out such recruiting and public awareness functions as may be necessary to ensure that such functions are carried out in a timely and effective manner. The
Chief Executive Officer shall give priority in the hiring of such
additional personnel to individuals who have formerly served
as volunteers in the programs carried out under the Domestic
Volunteer Service Act of 1973 or similar programs, and to individuals who have specialized experience in the recruitment of
volunteers.
(3) FUNDS.—For the first fiscal year after the effective date
of this subsection, and for each fiscal year thereafter, for the
purpose of carrying out such recruiting and public awareness
functions, the Chief Executive Officer shall obligate not less
than 1.5 percent of the amounts appropriated for the fiscal
year under section 501(a) of the Domestic Volunteer Service
Act of 1973.
(h) AUTHORITY TO CONTRACT WITH BUSINESSES.—The Chief
Executive Officer may, through contracts or cooperative agreements, carry out the marketing duties described in subsection
(b)(13), with priority given to those entities that have established
expertise in the recruitment of disadvantaged youth, members of
Indian tribes, and older adults.
(i) CAMPAIGN TO SOLICIT FUNDS.—The Chief Executive Officer
may conduct a campaign to solicit funds to conduct outreach and
recruitment campaigns to recruit a diverse population of service
sponsors of, and participants in, programs and projects receiving
assistance under the national service laws.
SEC. 194. [42 U.S.C. 12651e] OFFICERS.
(a) MANAGING DIRECTORS.—
(1) IN GENERAL.—There shall
be in the Corporation 2 Managing Directors, who shall be appointed by the President, by
and with the advice and consent of the Senate, and who shall
report to the Chief Executive Officer.
(2) COMPENSATION.—The Managing Directors shall be compensated at the rate provided for level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
(3) DUTIES.—The Corporation shall determine the programs for which the Managing Directors shall have primary
responsibility and shall establish the divisions of the Corporation to be headed by the Managing Directors.
(b) INSPECTOR GENERAL.—
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Sec. 194
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
134
(1) OFFICE.—There shall be in the Corporation an Office of
the Inspector General.
(2) APPOINTMENT.—The Office shall be headed by an Inspector General, appointed in accordance with the Inspector
General Act of 1978.
(c) CHIEF FINANCIAL OFFICER.—
(1) IN GENERAL.—There shall be in the Corporation a Chief
Financial Officer, who shall be appointed by the Chief Executive Officer pursuant to subsections (a) and (b) of section 195.
(2) DUTIES.—The Chief Financial Officer shall—
(A) report directly to the Chief Executive Officer regarding financial management matters;
(B) oversee all financial management activities relating to the programs and operations of the Corporation;
(C) develop and maintain an integrated accounting
and financial management system for the Corporation, including financial reporting and internal controls;
(D) develop and maintain any joint financial management systems with the Department of Education necessary
to carry out the programs of the Corporation; and
(E) direct, manage, and provide policy guidance and
oversight of the financial management personnel, activities, and operations of the Corporation.
(d) ASSISTANT DIRECTORS FOR VISTA AND NATIONAL SENIOR
VOLUNTEER CORPS.—
(1) APPOINTMENT.—One of the Managing Directors appointed under subsection (a) shall, in accordance with applicable provisions of title 5, United States Code, appoint 4 Assistant Directors who shall report directly to such Managing Director, of which—
(A) 1 Assistant Director shall be responsible for programs carried out under parts A and B of title I of the Domestic Volunteer Service Act of 1973 (the Volunteers in
Service to America (VISTA) program) and other antipoverty programs under title I of that Act;
(B) 1 Assistant Director shall be responsible for programs carried out under part A of title II of that Act (relating to the Retired Senior Volunteer Program);
(C) 1 Assistant Director shall be responsible for programs carried out under part B of title II of that Act (relating to the Foster Grandparent Program); and
(D) 1 Assistant Director shall be responsible for programs carried out under part C of title II of that Act (relating to the Senior Companion Program).
(2) EFFECTIVE DATE FOR EXERCISE OF AUTHORITY.—Each
Assistant Director appointed pursuant to paragraph (1) may
exercise the authority assigned to each such Director only after
the effective date of section 203(c)(2) of the National and Community Service Trust Act of 1993.
SEC. 195. [42 U.S.C. 12651f] EMPLOYEES, CONSULTANTS, AND OTHER
PERSONNEL.
(a) EMPLOYEES.—Except as provided in subsection (b), section
194(d), and section 8E of the Inspector General Act of 1978, the
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135
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 195
sions of title 5, United States Code, appoint and determine the
compensation of such employees as the Chief Executive Officer determines to be necessary to carry out the duties of the Corporation.
(b) ALTERNATIVE PERSONNEL SYSTEM.—
(1) AUTHORITY.—The Chief Executive Officer may designate positions in the Corporation as positions to which the
Chief Executive Officer may make appointments, and for which
the Chief Executive Officer may determine compensation, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and General
Schedule pay rates, to the extent the Chief Executive Officer
determines that such a designation is appropriate and desirable to further the effective operation of the Corporation. The
Chief Executive Officer may provide for appointments to such
positions to be made on a limited term basis.
(2) APPOINTMENT IN THE COMPETITIVE SERVICE AFTER EMPLOYMENT UNDER ALTERNATIVE PERSONNEL SYSTEM.—The Director of the Office of Personnel Management may grant competitive status for appointment to the competitive service,
under such conditions as the Director may prescribe, to an employee who is appointed under this subsection and who is separated from the Corporation (other than by removal for cause).
(3) SELECTION AND COMPENSATION SYSTEM.—
(A) ESTABLISHMENT OF SYSTEM.—The Chief Executive
Officer, after obtaining the approval of the Director of the
Office of Personnel Management, shall issue regulations
establishing a selection and compensation system for employees of the Corporation appointed under paragraph (1).
In issuing such regulations, the Chief Executive Officer
shall take into consideration the need for flexibility in such
a system.
(B) APPLICATION.—The Chief Executive Officer shall
appoint and determine the compensation of employees in
accordance with the selection and compensation system established under subparagraph (A).
(C) SELECTION.—The system established under subparagraph (A) shall provide for the selection of employees—
(i) through a competitive process; and
(ii) on the basis of the qualifications of applicants
and the requirements of the positions.
(D) COMPENSATION.—The system established under
subparagraph (A) shall include a scheme for the classification of positions in the Corporation. The system shall require that the compensation of an employee be determined
in part on the basis of the job performance of the employee, and in a manner consistent with the principles described in section 5301 of title 5, United States Code. The
rate of compensation for each employee compensated
under the system 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.
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Sec. 195
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
136
(c) CORPORATION REPRESENTATIVE IN EACH STATE.—
(1) DESIGNATION OF REPRESENTATIVE.—The Corporation
shall designate 1 employee of the Corporation for each State or
group of States to serve as the representative of the Corporation in the State or States and to assist the Corporation in carrying out the activities described in the national service laws
in the State or States.
(2) DUTIES.—The representative designated under this
subsection for a State or group of States shall serve as the liaison between—
(A) the Corporation and the State Commission that is
established in the State or States;
(B) the Corporation and any subdivision of a State,
territory, Indian tribe, public or private nonprofit organization, or institution of higher education, in the State or
States, that is awarded a grant under section 121 directly
from the Corporation; and
(C) after the effective date of section 203(c)(2) of the
National and Community Service Trust Act of 1993, the
State Commission and the Corporation employee responsible for programs under the Domestic Volunteer Service
Act of 1973 in the State, if the employee is not the representative described in paragraph (1) for the State.
(3) NONVOTING MEMBER OF STATE COMMISSION.—The representative designated under this subsection for a State or
group of States shall also serve as a nonvoting member of the
State Commission established in the State or States, as described in section 178(c)(3).
(4) COMPENSATION.—If the employee designated under
paragraph (1) is an employee whose appointment was made
pursuant to section 195(b), the rate of compensation for such
employee may not exceed the maximum rate of basic pay payable for GS–13 of the General Schedule under section 5332 of
title 5, United States Code.
(d) CONSULTANTS.—The Chief Executive Officer may procure
the temporary and intermittent services of experts and consultants
and compensate the experts and consultants in accordance with
section 3109(b) of title 5, United States Code.
(e) 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 Chief Executive Officer and the
head of the Federal agency, any of the personnel of that department or agency to the Corporation to assist the Corporation in carrying out the duties of the Corporation under the national service
laws. Any detail shall not interrupt or otherwise affect the civil
service status or privileges of the Federal employee.
(f) ADVISORY COMMITTEES.—
(1) ESTABLISHMENT.—The Chief Executive Officer, acting
upon the recommendation of the Board, may establish advisory
committees in the Corporation to advise the Board with respect
to national service issues, such as the type of programs to be
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137
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 196
ities and criteria for such programs, and methods of conducting
outreach for, and evaluation of, such programs.
(2) COMPOSITION.—Such an advisory committee shall be
composed of members appointed by the Chief Executive Officer,
with such qualifications as the Chief Executive Officer may
specify.
(3) EXPENSES.—Members of such an advisory committee
may be allowed travel expenses as described in section
192A(d).
(4) STAFF.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the Chief Executive Officer is authorized to appoint
and fix the compensation of such staff as the Chief Executive Officer determines to be necessary to carry out the
functions of the advisory committee, without regard to—
(i) the provisions of title 5, United States Code,
governing appointments in the competitive service;
and
(ii) the provisions of chapter 51 and subchapter III
of chapter 53 of such title relating to classification and
General Schedule pay rates.
(B) COMPENSATION.—If a member of the staff appointed under subparagraph (A) was appointed without regard to the provisions described in clauses (i) and (ii) of
subparagraph (A), the rate of compensation for such member may not exceed the maximum rate of basic pay payable for GS–13 of the General Schedule under section 5332
of title 5, United States Code.
(g) PERSONAL SERVICES CONTRACTS.—The Corporation may
enter into personal services contracts to carry out research, evaluation, and public awareness related to the national service laws.
SEC. 196. [42 U.S.C. 12651g] ADMINISTRATION.
(a) DONATIONS.—
(1) SERVICES.—
(A) ORGANIZATIONS AND INDIVIDUALS.—Notwith-
standing section 1342 of title 31, United States Code, the
Corporation may solicit and accept the services of organizations and individuals (other than participants) to assist
the Corporation in carrying out the duties of the Corporation under the national service laws, and may provide to
such individuals the travel expenses described in section
192A(d).
(B) LIMITATION.—A person who provides assistance, either individually or as a member of an organization, in accordance with subparagraph (A) 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 compensation, and Federal employee
benefits, except that—
(i) for the purposes of the tort claims provisions of
chapter 171 of title 28, United States Code, such a
person shall be considered to be a Federal employee;
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Sec. 196
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
138
(ii) for the purposes of subchapter I of chapter 81
of title 5, United States Code, relating to compensation to Federal employees for work injuries, such persons 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; and
(iii) for purposes of the provisions of chapter 11 of
part I of title 18, United States Code, such a person
(to whom such provisions would not otherwise apply
except for this subsection) shall be a special Government employee.
(C) INHERENTLY GOVERNMENTAL FUNCTION.—
(i) IN GENERAL.—Such a person shall not carry out
an inherently governmental function.
(ii) REGULATIONS.—The Chief Executive Officer
shall promulgate regulations to carry out this subparagraph.
(iii) INHERENTLY GOVERNMENTAL FUNCTION.—As
used in this subparagraph, the term ‘‘inherently governmental function’’ means any activity that is so intimately related to the public interest as to mandate
performance by an officer or employee of the Federal
Government, including an activity that requires either
the exercise of discretion in applying the authority of
the Government or the use of value judgment in making a decision for the Government.
(2) PROPERTY.—
(A) IN GENERAL.—The Corporation may solicit, accept,
hold, administer, use, and dispose of, in furtherance of the
purposes of the national service laws, donations of any
money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise.
Donations accepted under this subparagraph shall be used
as nearly as possible in accordance with the terms, if any,
of such donation.
(B) STATUS OF CONTRIBUTION.—Any donation accepted
under subparagraph (A) shall be considered to be a gift,
devise, or bequest to, or for the use of, the United States.
(C) RULES.—The Chief Executive Officer shall establish written rules to ensure that the solicitation, acceptance, holding, administration, and use of property described in subparagraph (A)—
(i) will not reflect unfavorably upon the ability of
the Corporation, or of any officer or employee of the
Corporation, to carry out the responsibilities or official
duties of the Corporation in a fair and objective manner; and
(ii) will not compromise the integrity of the programs of the Corporation or any official or employee of
the Corporation involved in such programs.
(D) DISPOSITION.—Upon completion of the use by the
Corporation of any property accepted pursuant to subparagraph (A) (other than money or monetary proceeds from
sales of property so accepted), such completion shall be reMay 19, 2009
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 196B
ported to the General Services Administration and such
property shall be disposed of in accordance with title II of
the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 481 et seq.).
(b) CONTRACTS.—Subject to the Federal Property and Administrative Services Act of 1949, the Corporation may enter into contracts, and cooperative and interagency agreements, with Federal
and State agencies, private firms, institutions, and individuals to
conduct activities necessary to assist the Corporation in carrying
out the duties of the Corporation under the national service laws.
(c) OFFICE OF MANAGEMENT AND BUDGET.—Appropriate circulars of the Office of Management and Budget shall apply to the
Corporation.
SEC. 196A. [42 U.S.C. 12651h] CORPORATION STATE OFFICES.
(a) IN GENERAL.—The Chief Executive Officer shall
establish
and maintain a decentralized field structure that provides for an
office of the Corporation for each State. The office for a State shall
be located in, or in reasonable proximity to, such State. Only one
such office may carry out the duties described in subsection (b)
with respect to a State at any particular time. Such State office
may be directed by the representative designated under section
195(c).
(b) DUTIES.—Each State office established pursuant to subsection (a) shall—
(1) provide to the State Commissions established under
section 178 technical and other assistance for the development
and implementation of national service plans under section
178(e)(1);
(2) provide to community-based agencies and other entities
within the State technical assistance for the preparation of applications for assistance under the national service laws, utilizing, as appropriate, information and materials provided by
the clearinghouses established pursuant to section 198A;
(3) provide to the State Commission and other entities
within the State support and technical assistance necessary to
assure the existence of an effective system of recruitment,
placement, and training of volunteers within the State;
(4) monitor and evaluate the performance of all programs
and projects within the State that receive assistance under the
national service laws; and
(5) perform such other duties and functions as may be assigned or delegated by the Chief Executive Officer.
SEC. 196B. [42 U.S.C. 12651j] ASSIGNMENT TO STATE COMMISSIONS.
(a) ASSIGNMENT.—In accordance with section 193A(c)(1),
the
Chief Executive Officer may assign to State Commissions specific
programmatic functions upon a determination that such an assignment will increase efficiency in the operation or oversight of a program under the national service laws. In carrying out this section,
and before executing any assignment of authority, the Corporation
shall seek input from and consult Corporation employees, State
Commissions, State educational agencies, and other interested
stakeholders.
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Sec. 196C
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
140
(b) REPORT.—Not later than 2 years after the effective date of
the Serve America Act, the Corporation shall submit a report to the
authorizing committees describing the consultation process described in subsection (a), including the stakeholders consulted, the
recommendation of stakeholders, and any actions taken by the Corporation under this section.
SEC. 196C. [42 U.S.C. 12651k] STUDY OF INVOLVEMENT OF VETERANS.
(a) STUDY AND REPORT.—The Corporation shall conduct a
study and submit a report to the authorizing committees, not later
than 3 years after the effective date of the Serve America Act, on—
(1) the number of veterans serving in national service programs historically by year;
(2) strategies being undertaken to identify the specific
areas of need of veterans, including any goals set by the Corporation for veterans participating in the service programs;
(3) the impact of the strategies described in paragraph (2)
and the Veterans Corps on enabling greater participation by
veterans in the national service programs carried out under
the national service laws;
(4) how existing programs and activities carried out under
the national service laws could be improved to serve veterans,
veterans service organizations, families of active-duty military,
including gaps in services to veterans;
(5) the extent to which existing programs and activities
carried out under the national service laws are coordinated and
recommendations to improve such coordination including the
methods for ensuring the efficient financial organization of
services directed towards veterans; and
(6) how to improve utilization of veterans as resources and
volunteers.
(b) CONSULTATION.—In conducting the studies and preparing
the reports required under this subsection, the Corporation shall
consult with veterans’ service organizations, the Secretary of Veterans Affairs, State veterans agencies, the Secretary of Defense, as
appropriate, and other individuals and entities the Corporation
considers appropriate.
Subtitle H—Investment for Quality and
Innovation
PART I—ADDITIONAL CORPORATION
ACTIVITIES TO SUPPORT NATIONAL SERVICE
SEC. 198. [42 U.S.C. 12653] ADDITIONAL CORPORATION ACTIVITIES TO
SUPPORT NATIONAL SERVICE.
(a) METHODS OF CONDUCTING ACTIVITIES.—The Corporation
may carry out this section directly (except as provided in subsection (g)) or through grants, contracts, and cooperative agreements with other entities.
(b) INNOVATION AND QUALITY IMPROVEMENT.—The Corporation
may undertake activities to address emergent needs through sumMay 19, 2009
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141
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 198
mer programs and other activities, and to support service-learning
programs and national service programs, including—
(1) programs, including programs for rural youth, under
subtitle B or C;
(2) employer-based retiree programs;
(3) intergenerational programs;
(4) programs involving individuals with disabilities as participants providing service; and
(5) programs sponsored by Governors.
(c) CONFERENCES AND MATERIALS.—The Corporation may organize and hold conferences, and prepare and publish materials, to
disseminate information and promote the sharing of information
among programs for the purpose of improving the quality of programs and projects.
(d) RESEARCH.—The Corporation may support research on national service, including service-learning.
(e) YOUTH LEADERSHIP.—The Corporation may support activities to enhance the ability of youth and young adults to play leadership roles in national service.
(f) NATIONAL PROGRAM IDENTITY.—The Corporation may support the development and dissemination of materials, including
training materials, and arrange for uniforms and insignia, designed
to promote unity and shared features among programs that receive
assistance under the national service laws.
(g) GLOBAL YOUTH SERVICE DAY.—
(1) DESIGNATION.—April 24, 2009, and April 23, 2010, are
each designated as ‘‘Global Youth Service Days’’. The President
is authorized and directed to issue a proclamation calling on
the people of the United States to observe the day with appropriate youth-led community improvement and service-learning
activities.
(2) FEDERAL ACTIVITIES.—In order to observe Global Youth
Service Day at the Federal level, the Corporation and other
Federal departments and agencies may organize and carry out
appropriate youth-led community improvement and servicelearning activities.
(3) ACTIVITIES.—The Corporation and other Federal departments and agencies may make grants to public or private
nonprofit organizations with demonstrated ability to carry out
appropriate activities, in order to support such activities on
Global Youth Service Day.
(h) ASSISTANCE FOR HEAD START.—The Corporation may make
grants to, and enter into contracts and cooperative agreements
with, public or nonprofit private agencies and organizations that
receive grants or contracts under the Foster Grandparent Program
(part B of title II of the Domestic Volunteer Service Act of 1973 (29
U.S.C. 5011 et seq.)), for projects of the type described in section
211(a) of such Act (29 U.S.C. 5011) operating under memoranda of
agreement with the Corporation, 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 under
the Head Start Act (42 U.S.C 9831 et seq).
(i) MARTIN LUTHER KING, JR., SERVICE DAY.—
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Sec. 198
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
142
(1) ASSISTANCE.—The Corporation may make grants to eligible entities described in paragraph (2) to pay for the Federal
share of the cost of planning and carrying out service opportunities in conjunction with the Federal legal holiday honoring
the birthday of Martin Luther King, Jr. Such service opportunities shall consist of activities reflecting the life and teachings
of Martin Luther King, Jr., such as cooperation and understanding among racial and ethnic groups, nonviolent conflict
resolution, equal economic and educational opportunities, and
social justice.
(2) ELIGIBLE ENTITIES.—Any entity otherwise eligible for
assistance under the national services laws shall be eligible to
receive a grant under this subsection.
(3) [repealed]
(4) FEDERAL SHARE.—Grants provided under this subsection to an eligible entity to support the planning and carrying out of a service opportunity in conjunction with the Federal legal holiday honoring the birthday of Martin Luther
King, Jr., together with all other Federal funds used to plan
or carry out the service opportunity, may not exceed 30 percent
of the cost of planning and carrying out the service opportunity.
(5) CALCULATION OF ENTITY CONTRIBUTIONS.—In determining the non-Federal share of the costs of planning and carrying out a service opportunity supported by a grant under this
subsection, the Corporation shall consider in-kind contributions
(including facilities, equipment, and services) made to plan or
carry out the service opportunity.
(j) CALL TO SERVICE CAMPAIGN.—Not later than 180 days after
the date of enactment of the Serve America Act, the Corporation
shall conduct a nationwide ‘‘Call To Service’’ campaign, to encourage all people of the United States, regardless of age, race, ethnicity, religion, or economic status, to engage in full- or part-time
national service, long- or short-term public service in the nonprofit
sector or government, or volunteering. In conducting the campaign,
the Corporation may collaborate with other Federal agencies and
entities, State Commissions, Governors, nonprofit and faith-based
organizations, businesses, institutions of higher education, elementary schools, and secondary schools.
(k) SEPTEMBER 11TH DAY OF SERVICE.—
(1) FEDERAL ACTIVITIES.—The Corporation may organize
and carry out appropriate ceremonies and activities, which
may include activities that are part of the broader Call to Service Campaign under subsection (j), in order to observe the September 11th National Day of Service and Remembrance at the
Federal level.
(2) ACTIVITIES.—The Corporation may make grants and
provide other support to community-based organizations to assist in planning and carrying out appropriate service, charity,
and remembrance opportunities in conjunction with the September 11th National Day of Service and Remembrance.
(3) CONSULTATION.—The Corporation may consult with
and make grants or provide other forms of support to nonprofit
organizations with expertise in representing families of victims
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143
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 198B
of the September 11, 2001 terrorist attacks and other impacted
constituencies, and in promoting the establishment of September 11 as an annually recognized National Day of Service
and Remembrance.
SEC. 198A. [42 U.S.C. 12653a] PRESIDENTIAL AWARDS FOR SERVICE.
(a) PRESIDENTIAL AWARDS.—
(1) IN GENERAL.—The President, acting through the Cor-
poration, may make Presidential awards for service to individuals providing significant service, and to outstanding service
programs.
(2) INDIVIDUALS AND PROGRAMS.—Notwithstanding section
101—
(A) an individual receiving an award under this subsection need not be a participant in a program authorized
under this Act; and
(B) a program receiving an award under this subsection need not be a program authorized under this Act.
(3) NATURE OF AWARD.—In making an award under this
section to an individual or program, the President, acting
through the Corporation—
(A) is authorized to incur necessary expenses for the
honorary recognition of the individual or program; and
(B) is not authorized to make a cash award to such individual or program.
(b) INFORMATION.—The President, acting through the Corporation, shall ensure that information concerning individuals and programs receiving awards under this section is widely disseminated.
SEC. 198B. [42 U.S.C. 12653b] SERVEAMERICA FELLOWSHIPS.
(a) DEFINITIONS.—In this section:
(1) AREA OF NATIONAL NEED.—The term ‘‘area of
national
need’’ means an area involved in efforts to—
(A) improve education in schools for economically disadvantaged students;
(B) expand and improve access to health care;
(C) improve energy efficiency and conserve natural resources;
(D) improve economic opportunities for economically
disadvantaged individuals; or
(E) improve disaster preparedness and response.
(2) ELIGIBLE FELLOWSHIP RECIPIENT.—The term ‘‘eligible
fellowship recipient’’ means an individual who is selected by a
State Commission under subsection (c) and, as a result of such
selection, is eligible for a ServeAmerica Fellowship.
(3) FELLOW.—The term ‘‘fellow’’ means an eligible fellowship recipient who is awarded a ServeAmerica Fellowship and
is designated a fellow under subsection (e)(2).
(4) SMALL SERVICE SPONSOR ORGANIZATION.—The term
‘‘small service sponsor organization’’ means a service sponsor
organization described in subsection (d)(1) that has not more
than 10 full-time employees and 10 part-time employees.
(b) GRANTS.—
(1) IN GENERAL.—From the amounts appropriated under
section 501(a)(4)(B) and allotted under paragraph (2)(A), the
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Sec. 198B
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
144
Corporation shall make grants (including financial assistance
and a corresponding allotment of approved national service positions), to the State Commission of each of the several States,
the District of Columbia, and the Commonwealth of Puerto
Rico with an application approved under this section, to enable
such State Commissions to award ServeAmerica Fellowships
under subsection (e).
(2) ALLOTMENT; ADMINISTRATIVE COSTS.—
(A) ALLOTMENT.—The amount allotted to a State Commission for a fiscal year shall be equal to an amount that
bears the same ratio to the amount appropriated under
section 501(a)(4)(B), as the population of the State bears to
the total population of the several States, the District of
Columbia, and the Commonwealth of Puerto Rico.
(B) REALLOTMENT.—If a State Commission does not
apply for an allotment under this subsection for any fiscal
year, or if the State Commission’s application is not approved, the Corporation shall reallot the amount of the
State Commission’s allotment to the remaining State Commissions in accordance with subparagraph (A).
(C) ADMINISTRATIVE COSTS.—Of the amount allotted to
a State Commission under subparagraph (A), not more
than 1.5 percent of such amount may be used for administrative costs.
(3) NUMBER OF POSITIONS.—The Corporation shall—
(A) establish or increase the number of approved national service positions under this subsection during each
of fiscal years 2010 through 2014;
(B) establish the number of approved positions at 500
for fiscal year 2010; and
(C) increase the number of the approved positions to—
(i) 750 for fiscal year 2011;
(ii) 1,000 for fiscal year 2012;
(iii) 1,250 for fiscal year 2013; and
(iv) 1,500 for fiscal year 2014.
(4) USES OF GRANT FUNDS.—
(A) REQUIRED USES.—A grant awarded under this subsection shall be used to enable fellows to carry out service
projects in areas of national need.
(B) PERMITTED USES.—A grant awarded under this
subsection may be used for—
(i) oversight activities and mechanisms for the
service sites of the fellows, as determined necessary by
the State Commission or the Corporation, which may
include site visits;
(ii) activities to augment the experience of fellows,
including activities to engage the fellows in networking opportunities with other national service participants; and
(iii) recruitment or training activities for fellows.
(5) APPLICATIONS.—To be eligible to receive a grant under
this subsection, a State Commission shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may require, inMay 19, 2009
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145
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 198B
cluding information on the criteria and procedures that the
State Commission will use for overseeing ServeAmerica Fellowship placements for service projects, under subsection (e).
(c) ELIGIBLE FELLOWSHIP RECIPIENTS.—
(1) APPLICATION.—
(A) IN GENERAL.—An applicant desiring to become an
eligible fellowship recipient shall submit an application to
a State Commission that has elected to participate in the
program authorized under this section, at such time and in
such manner as the Commission may require, and containing the information described in subparagraph (B) and
such additional information as the Commission may require. An applicant may submit such application to only 1
State Commission for a fiscal year.
(B) CONTENTS.—The Corporation shall specify information to be provided in an application submitted under
this subsection, which—
(i) shall include—
(I) a description of the area of national need
that the applicant intends to address in the service project;
(II) a description of the skills and experience
the applicant has to address the area of national
need;
(III) a description of the type of service the
applicant plans to provide as a fellow; and
(IV) information identifying the local area
within the State served by the Commission in
which the applicant plans to serve for the service
project; and
(ii) may include, if the applicant chooses, the size
of the registered service sponsor organization with
which the applicant hopes to serve.
(2) SELECTION.—Each State Commission shall—
(A) select, from the applications received by the State
Commission for a fiscal year, the number of eligible fellowship recipients that may be supported for that fiscal year
based on the amount of the grant received by the State
Commission under subsection (b); and
(B) make an effort to award one-third of the fellowships available to the State Commission for a fiscal year,
based on the amount of the grant received under subsection (b), to applicants who propose to serve the fellowship with small service sponsor organizations registered
under subsection (d).
(d) SERVICE SPONSOR ORGANIZATIONS.—
(1) IN GENERAL.—Each service sponsor organization
shall—
(A) be a nonprofit organization;
(B) satisfy qualification criteria established by the
Corporation or the State Commission, including standards
relating to organizational capacity, financial management,
and programmatic oversight;
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Sec. 198B
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
146
(C) not be a recipient of other assistance, approved national service positions, or approved summer of service positions under the national service laws; and
(D) at the time of registration with a State Commission, enter into an agreement providing that the service
sponsor organization shall—
(i) abide by all program requirements;
(ii) provide an amount described in subsection
(e)(3)(b) for each fellow serving with the organization
through the ServeAmerica Fellowship;
(iii) be responsible for certifying whether each fellow serving with the organization successfully completed the ServeAmerica Fellowship, and record and
certify in a manner specified by the Corporation the
number of hours served by a fellow for purposes of determining the fellow’s eligibility for benefits; and
(iv) provide timely access to records relating to the
ServeAmerica Fellowship to the State Commission, the
Corporation, and the Inspector General of the Corporation.
(2) REGISTRATION.—
(A) REQUIREMENT.—No service sponsor organization
may receive a fellow under this section until the organization registers with the State Commission.
(B) CLEARINGHOUSE.—The State Commission shall
maintain a list of registered service sponsor organizations
on a public website.
(C) REVOCATION.—If a State Commission determines
that a service sponsor organization is in violation of any of
the applicable provisions of this section—
(i) the State Commission shall revoke the registration of the organization;
(ii) the organization shall not be eligible to receive
assistance, approved national service positions, or approved summer of service positions under this title for
not less than 5 years; and
(iii) the State Commission shall have the right to
remove a fellow from the organization and relocate the
fellow to another site.
(e) FELLOWS.—
(1) IN GENERAL.—To be eligible to participate in a service
project as a fellow and receive a ServeAmerica Fellowship, an
eligible fellowship recipient shall—
(A) within 3 months after being selected as an eligible
fellowship recipient by a State Commission, select a registered service sponsor organization described in subsection (d)—
(i) with which the recipient is interested in serving under this section; and
(ii) that is located in the State served by the State
Commission;
(B) enter into an agreement with the organization—
(i) that specifies the service the recipient will provide if the placement is approved; and
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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(ii) in which the recipient agrees to serve for 1
year on a full-time or part-time basis (as determined
by the Corporation); and
(C) submit such agreement to the State Commission.
(2) AWARD.—Upon receiving the eligible fellowship recipient’s agreement under paragraph (1), the State Commission
shall award a ServeAmerica Fellowship to the recipient and
designate the recipient as a fellow.
(3) FELLOWSHIP AMOUNT.—
(A) IN GENERAL.—From amounts received under subsection (b), each State Commission shall award each of the
State’s fellows a ServeAmerica Fellowship amount that is
equal to 50 percent of the amount of the average annual
VISTA subsistence allowance.
(B) AMOUNT FROM SERVICE SPONSOR ORGANIZATION.—
(i) IN GENERAL.—Except as provided in clause (ii)
and subparagraph (E), the service sponsor organization shall award to the fellow serving such organization an amount that will ensure that the total award
received by the fellow for service in the service project
(consisting of such amount and the ServeAmerica Fellowship amount the fellow receives under subparagraph (A)) is equal to or greater than 70 percent of the
average annual VISTA subsistence allowance.
(ii) SMALL SERVICE SPONSOR ORGANIZATIONS.—In
the case of a small service sponsor organization, the
small service sponsor organization may decrease the
amount of the service sponsor organization award required under clause (i) to not less than an amount
that will ensure that the total award received by the
fellow for service in the service project (as calculated
in clause (i)) is equal to or greater than 60 percent of
the average annual VISTA subsistence allowance.
(C) MAXIMUM LIVING ALLOWANCE.—The total amount
that may be provided to a fellow under this subparagraph
shall not exceed 100 percent of the average annual VISTA
subsistence allowance.
(D) PRORATION OF AMOUNT.—In the case of a fellow
who is authorized to serve a part-time term of service
under the agreement described in paragraph (1)(B)(ii), the
amount provided to a fellow under this paragraph shall be
prorated accordingly.
(E) WAIVER.—The Corporation may allow a State
Commission to waive the amount required under subparagraph (B) from the service sponsor organization for a fellow serving the organization if—
(i) such requirement is inconsistent with the objectives of the ServeAmerica Fellowship program; and
(ii) the amount provided to the fellow under subparagraph (A) is sufficient to meet the necessary costs
of living (including food, housing, and transportation)
in the area in which the ServeAmerica Fellowship program is located.
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(F) DEFINITION.—In this paragraph, the term ‘‘average
annual VISTA subsistence allowance’’ means the total average annual subsistence allowance provided to VISTA volunteers under section 105 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4955).
(f) COMPLIANCE WITH INELIGIBLE SERVICE CATEGORIES.—Service under a ServeAmerica Fellowship shall comply with section
132(a). For purposes of applying that section to this subsection, a
reference to assistance shall be considered to be a reference to assistance provided under this section.
(g) REPORTS.—Each service sponsor organization that receives
a fellow under this section shall, on a biweekly basis, report to the
Corporation on the number of hours served and the services provided by that fellow. The Corporation shall establish a web portal
for the organizations to use in reporting the information.
(h) EDUCATIONAL AWARDS.—A fellow who serves in a service
project under this section shall be considered to have served in an
approved national service position and, upon meeting the requirements of section 147 for full-time or part-time national service,
shall be eligible for a national service educational award described
in such section. The Corporation shall transfer an appropriate
amount of funds to the National Service Trust to provide for the
national service educational award for such fellow.
SEC. 198C. [42 U.S.C. 12653c] SILVER SCHOLARSHIPS AND ENCORE FELLOWSHIPS.
(a) SILVER SCHOLARSHIP GRANT PROGRAM.—
(1) ESTABLISHMENT.—The Corporation may award fixed-
amount grants (in accordance with section 129(l)) to community-based entities to carry out a Silver Scholarship Grant Program for individuals age 55 or older, in which such individuals
complete not less than 350 hours of service in a year carrying
out projects of national need and receive a Silver Scholarship
in the form of a $1,000 national service educational award.
Under such a program, the Corporation shall establish criteria
for the types of the service required to be performed to receive
such award.
(2) TERM.—Each program funded under this subsection
shall be carried out over a period of 3 years (which may include 1 planning year), with a 1-year extension possible, if the
program meets performance levels developed in accordance
with section 179(k) and any other criteria determined by the
Corporation.
(3) APPLICATIONS.—To be eligible for a grant under this
subsection, a community-based entity shall—
(A) submit to the Corporation an application at such
time and in such manner as the Chief Executive Officer
may reasonably require; and
(B) be a listed organization as described in subsection
(b)(4).
(4) COLLABORATION ENCOURAGED.—A community-based entity awarded a grant under this subsection is encouraged to
collaborate with programs funded under title II of the Domestic Volunteer Service Act of 1973 in carrying out this program.
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(5) ELIGIBILITY FOR FELLOWSHIP.—An individual is eligible
to receive a Silver Scholarship if the community-based entity
certifies to the Corporation that the individual has completed
not less than 350 hours of service under this section in a 1year period.
(6) TRANSFER TO TRUST.—The Corporation shall transfer
an appropriate amount of funds to the National Service Trust
to provide for the national service educational award for each
silver scholar under this subsection.
(7) SUPPORT SERVICES.—A community-based entity receiving a fixed-amount grant under this subsection may use a portion of the grant to provide transportation services to an eligible individual to allow such individual to participate in a service project.
(b) ENCORE FELLOWSHIPS.—
(1) ESTABLISHMENT.—The Corporation may award 1-year
Encore Fellowships to enable individuals age 55 or older to—
(A) carry out service projects in areas of national need;
and
(B) receive training and development in order to transition to full- or part-time public service in the nonprofit
sector or government.
(2) PROGRAM.—In carrying out the program, the Corporation shall—
(A) maintain a list of eligible organizations for which
Encore Fellows may be placed to carry out service projects
through the program and shall provide the list to all Fellowship recipients; and
(B) at the request of a Fellowship recipient—
(i) determine whether the requesting recipient is
able to meet the service needs of a listed organization,
or another organization that the recipient requests in
accordance with paragraph (5)(B), for a service project;
and
(ii) upon making a favorable determination under
clause (i), award the recipient with an Encore Fellowship, and place the recipient with the organization as
an Encore Fellow under paragraph (5)(C).
(3) ELIGIBLE RECIPIENTS.—
(A) IN GENERAL.—An individual desiring to be selected
as a Fellowship recipient shall—
(i) be an individual who—
(I) is age 55 or older as of the time the individual applies for the program; and
(II) is not engaged in, but who wishes to engage in, full- or part-time public service in the
nonprofit sector or government; and
(ii) submit an application to the Corporation, at
such time, in such manner, and containing such information as the Corporation may require, including—
(I) a description of the area of national need
that the applicant hopes to address through the
service project;
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(II) a description of the skills and experience
the applicant has to address an area of national
need; and
(III) information identifying the region of the
United States in which the applicant wishes to
serve.
(B) SELECTION BASIS.—In determining which individuals to select as Fellowship recipients, the Corporation
shall—
(i) select not more than 10 individuals from each
State; and
(ii) give priority to individuals with skills and experience for which there is an ongoing high demand in
the nonprofit sector and government.
(4) LISTED ORGANIZATIONS.—To be listed under paragraph
(2)(A), an organization shall—
(A) be a nonprofit organization; and
(B) submit an application to the Corporation at such
time, in such manner, and containing such information as
the Corporation may require, including—
(i) a description of—
(I) the services and activities the organization
carries out generally;
(II) the area of national need that the organization seeks to address through a service project;
and
(III) the services and activities the organization seeks to carry out through the proposed service project;
(ii) a description of the skills and experience that
an eligible Encore Fellowship recipient needs to be
placed with the organization as an Encore Fellow for
the service project;
(iii) a description of the training and leadership
development the organization shall provide an Encore
Fellow placed with the organization to assist the Encore Fellow in obtaining a public service job in the
nonprofit sector or government after the period of the
Encore Fellowship; and
(iv) evidence of the organization’s financial stability.
(5) PLACEMENT.—
(A) REQUEST FOR PLACEMENT WITH LISTED ORGANIZATIONS.—To be placed with a listed organization in accordance with paragraph (2)(B) for a service project, an eligible
Encore Fellowship recipient shall submit an application for
such placement to the Corporation at such time, in such
manner, and containing such information as the Corporation may require.
(B) REQUEST FOR PLACEMENT WITH OTHER ORGANIZATION.—An eligible Encore Fellowship recipient may apply
to the Corporation to serve the recipient’s Encore Fellowship year with a nonprofit organization that is not a listed
organization. Such application shall be submitted to the
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Corporation at such time, in such manner, and containing
such information as the Corporation shall require, and
shall include—
(i) an identification and description of—
(I) the organization;
(II) the area of national need the organization
seeks to address; and
(III) the services or activities the organization
carries out to address such area of national need;
(ii) a description of the services the eligible Encore
Fellowship recipient shall provide for the organization
as an Encore Fellow; and
(iii) a letter of support from the leader of the organization, including—
(I) a description of the organization’s need for
the eligible Encore Fellowship recipient’s services;
(II) evidence that the organization is financially sound;
(III) an assurance that the organization will
provide training and leadership development to
the eligible Encore Fellowship recipient if placed
with the organization as an Encore Fellow, to assist the Encore Fellow in obtaining a public service job in the nonprofit sector or government after
the period of the Encore Fellowship; and
(IV) a description of the training and leadership development to be provided to the Encore
Fellowship recipient if so placed.
(C) PLACEMENT AND AWARD OF FELLOWSHIP.—If the
Corporation determines that the eligible Encore Fellowship
recipient is able to meet the service needs (including skills
and experience to address an area of national need) of the
organization that the eligible fellowship recipient requests
under subparagraph (A) or (B), the Corporation shall—
(i) approve the placement of the eligible Encore
Fellowship recipient with the organization;
(ii) award the eligible Encore Fellowship recipient
an Encore Fellowship for a period of 1 year and designate the eligible Encore Fellowship recipient as an
Encore Fellow; and
(iii) in awarding the Encore Fellowship, make a
payment, in the amount of $11,000, to the organization to enable the organization to provide living expenses to the Encore Fellow for the year in which the
Encore Fellow agrees to serve.
(6) MATCHING FUNDS.—An organization that receives an
Encore Fellow under this subsection shall agree to provide, for
the living expenses of the Encore Fellow during the year of
service, non-Federal contributions in an amount equal to not
less than $1 for every $1 of Federal funds provided to the organization for the Encore Fellow through the Encore Fellowship.
(7) TRAINING AND ASSISTANCE.—Each organization that receives an Encore Fellow under this subsection shall provide
training, leadership development, and assistance to the Encore
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Fellow, and conduct oversight of the service provided by the
Encore Fellow.
(8) LEADERSHIP DEVELOPMENT.—Each year, the Corporation shall convene current and former Encore Fellows to discuss the Encore Fellows’ experiences related to service under
this subsection and discuss strategies for increasing leadership
and careers in public service in the nonprofit sector or government.
(c) EVALUATIONS.—The Corporation shall conduct an independent evaluation of the programs authorized under subsections
(a) and (b) and widely disseminate the results, including recommendations for improvement, to the service community through
multiple channels, including the Corporation’s Resource Center or
a clearinghouse of effective strategies.
PART II—NATIONAL SERVICE RESERVE CORPS
SEC. 198H. [42 U.S.C. 12653h] NATIONAL SERVICE RESERVE CORPS.
(a) DEFINITIONS.—In this section—
(1) the term ‘‘National Service Reserve Corps member’’
means an individual who—
(A) has completed a term of national service or is a
veteran;
(B) has successfully completed training described in
subsection (c) within the previous 2 years;
(C) completes not less than 10 hours of volunteering
each year (which may include the training session described in subparagraph (B)); and
(D) has indicated interest to the Corporation in responding to disasters and emergencies in a timely manner
through the National Service Reserve Corps; and
(2) the term ‘‘term of national service’’ means a term or period of service under section 123.
(b) ESTABLISHMENT OF NATIONAL SERVICE RESERVE CORPS.—
(1) IN GENERAL.—In consultation with the Federal Emergency Management Agency, the Corporation shall establish a
National Service Reserve Corps to prepare and deploy National
Service Reserve Corps members to respond to disasters and
emergencies in support of national service programs and other
requesting programs and agencies.
(2) GRANTS OR CONTRACTS.—In carrying out this section,
the Corporation may enter into a grant or contract with an organization experienced in responding to disasters or in coordinating individuals who have completed a term of national service or are veterans, or may directly deploy National Service Reserve Corps members, as the Corporation determines necessary.
(c) ANNUAL TRAINING.—The Corporation shall conduct or coordinate annual training sessions, consistent with the training requirements of the Federal Emergency Management Agency, for individuals who have completed a term of national service or are veterans, and who wish to join the National Service Reserve Corps.
(d) DESIGNATION OF ORGANIZATIONS.—
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(1) IN GENERAL.—The Corporation shall designate organizations with demonstrated experience in responding to disasters or emergencies, including through using volunteers, for
participation in the program under this section.
(2) REQUIREMENTS.—The Corporation shall ensure that
every designated organization is—
(A) prepared to respond to disasters or emergencies;
(B) prepared and able to utilize National Service Reserve Corps members in responding to disasters or emergencies; and
(C) willing to respond in a timely manner when notified by the Corporation of a disaster or emergency.
(e) DATABASES.—The Corporation shall develop or contract
with an outside organization to develop—
(1) a database of all National Service Reserve Corps members; and
(2) a database of all nonprofit organizations that have been
designated by the Corporation under subsection (d).
(f) DEPLOYMENT OF NATIONAL SERVICE RESERVE CORPS.—
(1) MAJOR DISASTERS OR EMERGENCIES.—If a major disaster or emergency is declared by the President pursuant to
section 102 of the Robert T. Stafford Disaster Relief and Assistance Act (42 U.S.C. 5122), the Administrator of the Federal
Emergency Management Agency, in consultation with the Corporation, may task the National Service Reserve Corps to assist in response.
(2) OTHER DISASTERS OR EMERGENCIES.—For a disaster or
emergency that is not declared a major disaster or emergency
under section 102 of the Robert T. Stafford Disaster Relief and
Assistance Act (42 U.S.C. 5122), the Corporation may directly,
or through a grant or contract, deploy the National Service Reserve Corps.
(3) DEPLOYMENT.—Under paragraph (1) or (2), the Corporation may—
(A) deploy interested National Service Reserve Corps
members on assignments of not more than 30 days to assist with local needs related to preparing or recovering
from the incident in the affected area, either directly or
through organizations designated under subsection (d);
(B) make travel arrangements for the deployed National Service Reserve Corps members to the site of the incident; and
(C) provide funds to those organizations that are responding to the incident with deployed National Service
Reserve Corps members, to enable the organizations to coordinate and provide housing, living stipends, and insurance for those deployed members.
(4) ALLOWANCE.—Any amounts that are utilized by the
Corporation
from
funds
appropriated
under
section
501(a)(4)(D) to carry out paragraph (1) for a fiscal year shall
be kept in a separate fund. Any amounts in such fund that are
not used during a fiscal year shall remain available to use to
pay National Service Reserve Corps members an allowance, determined by the Corporation, for out-of-pocket expenses.
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(5) INFORMATION.—
(A) NATIONAL SERVICE PARTICIPANTS.—The Corporation, the State Commissions, and entities receiving financial assistance for programs under subtitle C of this Act,
or under part A of title I of the Domestic Volunteer Service
Act of 1973 (42 U.S.C. 4951 et seq.), shall inform participants about the National Service Reserve Corps upon the
participants’ completion of their term of national service.
(B) VETERANS.—The Secretary of Veterans Affairs, in
consultation with the Secretary of Defense, shall inform
veterans who are recently discharged, released, or separated from the Armed Forces about the National Service
Reserve Corps.
(6) COORDINATION.—In deploying National Service Reserve
Corps members under this subsection, the Corporation shall—
(A) avoid duplication of activities directed by the Federal Emergency Management Agency; and
(B) consult and, as appropriate, partner with Citizen
Corps programs and other local disaster agencies, including State and local emergency management agencies, voluntary organizations active in disaster, State Commissions, and similar organizations, in the affected area.
PART III—SOCIAL INNOVATION FUNDS PILOT
PROGRAM
SEC. 198K. ø42 U.S.C. 12653k¿ FUNDS.
(a) FINDINGS.—Congress finds
the following:
(1) Social entrepreneurs and other nonprofit community
organizations are developing innovative and effective solutions
to national and local challenges.
(2) Increased public and private investment in replicating
and expanding proven effective solutions, and supporting new
solutions, developed by social entrepreneurs and other nonprofit community organizations could allow those entrepreneurs and organizations to replicate and expand proven initiatives, and support new initiatives, in communities.
(3) A network of Social Innovation Funds could leverage
Federal investments to increase State, local, business, and
philanthropic resources to replicate and expand proven solutions and invest in supporting new innovations to tackle specific identified community challenges.
(b) PURPOSES.—The purposes of this section are—
(1) to recognize and increase the impact of social entrepreneurs and other nonprofit community organizations in tackling national and local challenges;
(2) to stimulate the development of a network of Social Innovation Funds that will increase private and public investment in nonprofit community organizations that are effectively
addressing national and local challenges to allow such organizations to replicate and expand proven initiatives or support
new initiatives;
(3) to assess the effectiveness of such Funds in—
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(A) leveraging Federal investments to increase State,
local, business, and philanthropic resources to address national and local challenges;
(B) providing resources to replicate and expand effective initiatives; and
(C) seeding experimental initiatives focused on improving outcomes in the areas described in subsection
(f)(3); and
(4) to strengthen the infrastructure to identify, invest in,
replicate, and expand initiatives with effective solutions to national and local challenges.
(c) DEFINITIONS.—In this section:
(1) COMMUNITY ORGANIZATION.—The term ‘‘community organization’’ means a nonprofit organization that carries out innovative, effective initiatives to address community challenges.
(2) COVERED ENTITY.—The term ‘‘covered entity’’ means—
(A) an existing grantmaking institution (existing as of
the date on which the institution applies for a grant under
this section); or
(B) a partnership between—
(i) such an existing grantmaking institution; and
(ii) an additional grantmaking institution, a State
Commission, or a chief executive officer of a unit of
general local government.
(3) ISSUE AREA.—The term ‘‘issue area’’ means an area described in subsection (f)(3).
(d) PROGRAM.—From the amounts appropriated to carry out
this section that are not reserved under subsections (l) and (m), the
Corporation shall establish a Social Innovation Funds grant program to make grants on a competitive basis to eligible entities for
Social Innovation Funds.
(e) PERIODS; AMOUNTS.—The Corporation shall make such
grants for periods of 5 years, and may renew the grants for additional periods of 5 years, in amounts of not less than $1,000,000
and not more than $10,000,000 per year.
(f) ELIGIBILITY.—To be eligible to receive a grant under subsection (d), an entity shall—
(1) be a covered entity;
(2) propose to focus on—
(A) serving a specific local geographical area; or
(B) addressing a specific issue area;
(3) propose to focus on improving measurable outcomes relating to—
(A) education for economically disadvantaged elementary or secondary school students;
(B) child and youth development;
(C) reductions in poverty or increases in economic opportunity for economically disadvantaged individuals;
(D) health, including access to health services and
health education;
(E) resource conservation and local environmental
quality;
(F) individual or community energy efficiency;
(G) civic engagement; or
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(H) reductions in crime;
(4) have an evidence-based decisionmaking strategy, including—
(A) use of evidence produced by prior rigorous evaluations of program effectiveness including, where available,
well-implemented randomized controlled trials; and
(B) a well-articulated plan to—
(i)(I) replicate and expand research-proven initiatives that have been shown to produce sizeable, sustained benefits to participants or society; or
(II) support new initiatives with a substantial
likelihood of significant impact; or
(ii) partner with a research organization to carry
out rigorous evaluations to assess the effectiveness of
such initiatives; and
(5) have appropriate policies, as determined by the Corporation, that protect against conflict of interest, self-dealing,
and other improper practices.
(g) APPLICATION.—To be eligible to receive a grant under subsection (d) for national leveraging capital, an eligible entity shall
submit an application to the Corporation at such time, in such
manner, and containing such information as the Corporation may
specify, including, at a minimum—
(1) an assurance that the eligible entity will—
(A) use the funds received through that capital in
order to make subgrants to community organizations that
will use the funds to replicate or expand proven initiatives,
or support new initiatives, in low-income communities;
(B) in making decisions about subgrants for communities, consult with a diverse cross section of community
representatives in the decisions, including individuals from
the public, nonprofit private, and for-profit private sectors;
and
(C) make subgrants of a sufficient size and scope to
enable the community organizations to build their capacity
to manage initiatives, and sustain replication or expansion
of the initiatives;
(2) an assurance that the eligible entity will not make any
subgrants to the parent organizations of the eligible entity, a
subsidiary organization of the parent organization, or, if the eligible entity applied for funds under this section as a partnership, any member of the partnership;
(3) an identification of, as appropriate—
(A) the specific local geographical area referred to in
subsection (f)(2)(A) that the eligible entity is proposing to
serve; or
(B) the issue area referred to in subsection (f)(2)(B)
that the eligible entity will address, and the geographical
areas that the eligible entity is likely to serve in addressing such issue area;
(4)(A) information identifying the issue areas in which the
eligible entity will work to improve measurable outcomes;
(B) statistics on the needs related to those issue areas in,
as appropriate—
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(i) the specific local geographical area described in
paragraph (3)(A); or
(ii) the geographical areas described in paragraph
(3)(B), including statistics demonstrating that those geographical areas have high need in the specific issue area
that the eligible entity is proposing to address; and
(C) information on the specific measurable outcomes related to the issue areas involved that the eligible entity will
seek to improve;
(5) information describing the process by which the eligible
entity selected, or will select, community organizations to receive the subgrants, to ensure that the community organizations—
(A) are institutions—
(i) with proven initiatives and a demonstrated
track record of achieving specific outcomes related to
the measurable outcomes for the eligible entity; or
(ii) that articulate a new solution with a significant likelihood for substantial impact;
(B) articulate measurable outcomes for the use of the
subgrant funds that are connected to the measurable outcomes for the eligible entity;
(C) will use the funds to replicate, expand, or support
their initiatives;
(D) provide a well-defined plan for replicating, expanding, or supporting the initiatives funded;
(E) can sustain the initiatives after the subgrant period concludes through reliable public revenues, earned income, or private sector funding;
(F) have strong leadership and financial and management systems;
(G) are committed to the use of data collection and
evaluation for improvement of the initiatives;
(H) will implement and evaluate innovative initiatives,
to be important contributors to knowledge in their fields;
and
(I) will meet the requirements for providing matching
funds specified in subsection (k);
(6) information about the eligible entity, including its experience managing collaborative initiatives, or assessing applicants for grants and evaluating the performance of grant recipients for outcome-focused initiatives, and any other relevant
information;
(7) a commitment to meet the requirements of subsection
(i) and a plan for meeting the requirements, including information on any funding that the eligible entity has secured to provide the matching funds required under that subsection;
(8) a description of the eligible entity’s plan for providing
technical assistance and support, other than financial support,
to the community organizations that will increase the ability of
the community organizations to achieve their measurable outcomes;
(9) information on the commitment, institutional capacity,
and expertise of the eligible entity concerning—
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(A) collecting and analyzing data required for evaluations, compliance efforts, and other purposes;
(B) supporting relevant research; and
(C) submitting regular reports to the Corporation, including information on the initiatives of the community organizations, and the replication or expansion of such initiatives;
(10) a commitment to use data and evaluations to improve
the eligible entity’s own model and to improve the initiatives
funded by the eligible entity; and
(11) a commitment to cooperate with any evaluation activities undertaken by the Corporation.
(h) SELECTION CRITERIA.—In selecting eligible entities to receive grants under subsection (d), the Corporation shall—
(1) select eligible entities on a competitive basis;
(2) select eligible entities on the basis of the quality of
their selection process, as described in subsection (g)(5), the capacity of the eligible entities to manage Social Innovation
Funds, and the potential of the eligible entities to sustain the
Funds after the conclusion of the grant period;
(3) include among the grant recipients eligible entities that
propose to provide subgrants to serve communities (such as
rural low-income communities) that the eligible entities can
demonstrate are significantly philanthropically underserved;
(4) select a geographically diverse set of eligible entities;
and
(5) take into account broad community perspectives and
support.
(i) MATCHING FUNDS FOR GRANTS.—
(1) IN GENERAL.—The Corporation may not make a grant
to an eligible entity under subsection (d) for a Social Innovation Fund unless the entity agrees that, with respect to the
cost described in subsection (d) for that Fund, the entity will
make available matching funds in an amount equal to not less
than $1 for every $1 of funds provided under the grant.
(2) ADDITIONAL REQUIREMENTS.—
(A) TYPE AND SOURCES.—The eligible entity shall provide the matching funds in cash. The eligible entity shall
provide the matching funds from State, local, or private
sources, which may include State or local agencies, businesses, private philanthropic organizations, or individuals.
(B) ELIGIBLE ENTITIES INCLUDING STATE COMMISSIONS
OR LOCAL GOVERNMENT OFFICES.—
(i) IN GENERAL.—In a case in which a State Commission, a local government office, or both entities are
a part of the eligible entity, the State involved, the
local government involved, or both entities, respectively, shall contribute not less than 30 percent and
not more than 50 percent of the matching funds.
(ii) LOCAL GOVERNMENT OFFICE.—In this subparagraph, the term ‘‘local government office’’ means the
office of the chief executive officer of a unit of general
local government.
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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(3) REDUCTION.—The Corporation may reduce by 50 percent the matching funds required by paragraph (1) for an eligible entity serving a community (such as a rural low-income
community) that the eligible entity can demonstrate is significantly philanthropically underserved.
(j) SUBGRANTS.—
(1) SUBGRANTS AUTHORIZED.—An eligible entity receiving a
grant under subsection (d) is authorized to use the funds made
available through the grant to award, on a competitive basis,
subgrants to expand or replicate proven initiatives, or support
new initiatives with a substantial likelihood of success, to—
(A) community organizations serving low-income communities within the specific local geographical area described in the eligible entity’s application in accordance
with subsection (g)(3)(A); or
(B) community organizations addressing a specific
issue area described in the eligible entity’s application in
accordance with subsection (g)(3)(B), in low-income communities in the geographical areas described in the application.
(2) PERIODS; AMOUNTS.—The eligible entity shall make
such subgrants for periods of not less than 3 and not more
than 5 years, and may renew the subgrants for such periods,
in amounts of not less than $100,000 per year.
(3) APPLICATIONS.—To be eligible to receive a subgrant
from an eligible entity under this section, including receiving
a payment for that subgrant each year, a community organization shall submit an application to an eligible entity that
serves the specific local geographical area, or geographical
areas, that the community organization proposes to serve, at
such time, in such manner, and containing such information as
the eligible entity may require, including—
(A) a description of the initiative the community organization carries out and plans to replicate or expand, or of
the new initiative the community organization intends to
support, using funds received from the eligible entity, and
how the initiative relates to the issue areas in which the
eligible entity has committed to work in the eligible entity’s application, in accordance with subsection (g)(4)(A);
(B) data on the measurable outcomes the community
organization has improved, and information on the measurable outcomes the community organization seeks to improve by replicating or expanding a proven initiative or
supporting a new initiative, which shall be among the
measurable outcomes that the eligible entity identified in
the eligible entity’s application, in accordance with subsection (g)(4)(C);
(C) an identification of the community in which the
community organization proposes to carry out an initiative, which shall be within a local geographical area described in the eligible entity’s application in accordance
with subparagraph (A) or (B) of subsection (g)(3), as applicable;
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(D) a description of the evidence-based decisionmaking
strategies the community organization uses to improve the
measurable outcomes, including—
(i) use of evidence produced by prior rigorous evaluations of program effectiveness including, where
available, well-implemented randomized controlled
trials; or
(ii) a well-articulated plan to conduct, or partner
with a research organization to conduct, rigorous evaluations to assess the effectiveness of initiatives addressing national or local challenges;
(E) a description of how the community organization
uses data to analyze and improve its initiatives;
(F) specific evidence of how the community organization will meet the requirements for providing matching
funds specified in subsection (k);
(G) a description of how the community organization
will sustain the replicated or expanded initiative after the
conclusion of the subgrant period; and
(H) any other information the eligible entity may require, including information necessary for the eligible entity to fulfill the requirements of subsection (g)(5).
(k) MATCHING FUNDS FOR SUBGRANTS.—
(1) IN GENERAL.—An eligible entity may not make a
subgrant to a community organization under this section for an
initiative described in subsection (j)(3)(A) unless the organization agrees that, with respect to the cost of carrying out that
initiative, the organization will make available, on an annual
basis, matching funds in an amount equal to not less than $1
for every $1 of funds provided under the subgrant. If the community organization fails to make such matching funds available for a fiscal year, the eligible entity shall not make payments for the remaining fiscal years of the subgrant period,
notwithstanding any other provision of this part.
(2) TYPES AND SOURCES.—The community organization
shall provide the matching funds in cash. The community organization shall provide the matching funds from State, local, or
private sources, which may include funds from State or local
agencies or private sector funding.
(l) DIRECT SUPPORT.—
(1) PROGRAM AUTHORIZED.—The Corporation may use not
more than 10 percent of the funds appropriated for this section
to award grants to community organizations serving low-income communities or addressing a specific issue area in geographical areas that have the highest need in that issue area,
to enable such community organizations to replicate or expand
proven initiatives or support new initiatives.
(2) TERMS AND CONDITIONS.—A grant awarded under this
subsection shall be subject to the same terms and conditions
as a subgrant awarded under subsection (j).
(3) APPLICATION; MATCHING FUNDS.—Paragraphs (2) and
(3) of subsection (j) and subsection (k) shall apply to a community organization receiving or applying for a grant under this
subsection in the same manner as such subsections apply to a
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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community organization receiving or applying for a subgrant
under subsection (j), except that references to a subgrant shall
mean a grant and references to an eligible entity shall mean
the Corporation.
(m) RESEARCH AND EVALUATION.—
(1) IN GENERAL.—The Corporation may reserve not more
than 5 percent of the funds appropriated for this section for a
fiscal year to support, directly or through contract with an
independent entity, research and evaluation activities to evaluate the eligible entities and community organizations receiving
grants under subsections (d) and (l) and the initiatives supported by the grants.
(2) RESEARCH AND EVALUATION ACTIVITIES.—
(A) RESEARCH AND REPORTS.—
(i) IN GENERAL.—The entity carrying out this subsection shall collect data and conduct or support research with respect to the eligible entities and community organizations receiving grants under subsections
(d) and (l), and the initiatives supported by such eligible entities and community organizations, to determine the success of the program carried out under this
section in replicating, expanding, and supporting initiatives, including—
(I) the success of the initiatives in improving
measurable outcomes; and
(II) the success of the program in increasing
philanthropic investments in philanthropically underserved communities.
(ii) REPORTS.—The Corporation shall submit periodic reports to the authorizing committees including—
(I) the data collected and the results of the research under this subsection;
(II) information on lessons learned about best
practices from the activities carried out under this
section, to improve those activities; and
(III) a list of all eligible entities and community organizations receiving funds under this section.
(iii) PUBLIC INFORMATION.—The Corporation shall
annually post the list described in clause (ii)(III) on
the Corporation’s website.
(B) TECHNICAL ASSISTANCE.—The Corporation shall,
directly or through contract, provide technical assistance
to the eligible entities and community organizations that
receive grants under subsections (d) and (l).
(C) KNOWLEDGE MANAGEMENT.—The Corporation
shall, directly or through contract, maintain a clearinghouse for information on best practices resulting from initiatives supported by the eligible entities and community
organizations.
(D) RESERVATION.—Of the funds appropriated under
section 501(a)(4)(E) for a fiscal year, not more than 5 percent may be used to carry out this subsection.
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PART IV—NATIONAL SERVICE PROGRAMS
CLEARINGHOUSES; VOLUNTEER GENERATION FUND
SEC. 198O. [42 U.S.C. 12653o] NATIONAL SERVICE PROGRAMS CLEARINGHOUSES.
(a) IN GENERAL.—The Corporation shall provide assistance, by
grant, contract, or cooperative agreement, to entities with expertise
in the dissemination of information through clearinghouses to establish 1 or more clearinghouses for information regarding the national service laws, which shall include information on servicelearning and on service through other programs receiving assistance under the national service laws.
(b) FUNCTION OF CLEARINGHOUSE.—Such a clearinghouse
may—
(1) assist entities carrying out State or local service-learning and national service programs with needs assessments and
planning;
(2) conduct research and evaluations concerning servicelearning or programs receiving assistance under the national
service laws, except that such clearinghouse may not conduct
such research and evaluations if the recipient of the grant, contract, or cooperative agreement establishing the clearinghouse
under this section is receiving funds for such purpose under
part III of subtitle B or under this subtitle (not including this
section);
(3)(A) provide leadership development and training to
State and local service-learning program administrators, supervisors, service sponsors, and participants; and
(B) provide training to persons who can provide the leadership development and training described in subparagraph (A);
(4) facilitate communication among—
(A) entities carrying out service-learning programs
and programs offered under the national service laws; and
(B) participants in such programs;
(5) provide and disseminate information and curriculum
materials relating to planning and operating service-learning
programs and programs offered under the national service
laws, to States, territories, Indian tribes, and local entities eligible to receive financial assistance under the national service
laws;
(6) provide and disseminate information regarding methods to make service-learning programs and programs offered
under the national service laws accessible to individuals with
disabilities;
(7) disseminate applications in languages other than
English;
(8)(A) gather and disseminate information on successful
service-learning programs and programs offered under the national service laws, components of such successful programs,
innovative curricula related to service-learning, and servicelearning projects; and
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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(B) coordinate the activities of the clearinghouse with appropriate entities to avoid duplication of effort;
(9) make recommendations to State and local entities on
quality controls to improve the quality of service-learning programs and programs offered under the national service laws;
(10) assist organizations in recruiting, screening, and placing a diverse population of service-learning coordinators and
program sponsors;
(11) disseminate effective strategies for working with disadvantaged youth in national service programs, as determined
by organizations with an established expertise in working with
such youth; and
(12) carry out such other activities as the Chief Executive
Officer determines to be appropriate.
SEC. 198P. [42 U.S.C. 12653p] VOLUNTEER GENERATION FUND.
(a) GRANTS AUTHORIZED.—Subject to the availability of
appropriations for this section, the Corporation may make grants to
State Commissions and nonprofit organizations for the purpose of
assisting the State Commissions and nonprofit organizations to—
(1) develop and carry out volunteer programs described in
subsection (c); and
(2) make subgrants to support and create new local community-based entities that recruit, manage, or support volunteers as described in such subsection.
(b) APPLICATION.—
(1) IN GENERAL.—Each State Commission or nonprofit organization desiring a grant under this section shall submit an
application to the Corporation at such time, in such manner,
and accompanied by such information as the Corporation may
reasonably require.
(2) CONTENTS.—Each application submitted pursuant to
paragraph (1) shall contain—
(A)(i) a description of the program that the applicant
will provide;
(B) an assurance that the applicant will annually collect information on—
(i) the number of volunteers recruited for activities carried out under this section, using funds received under this section, and the type and amount of
activities carried out by such volunteers; and
(ii) the number of volunteers managed or supported using funds received under this section, and
the type and amount of activities carried out by such
volunteers;
(C) a description of the outcomes the applicant will use
to annually measure and track performance with regard
to—
(i) activities carried out by volunteers; and
(ii) volunteers recruited, managed, or supported;
and
(D) such additional assurances as the Corporation determines to be essential to ensure compliance with the requirements of this section.
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164
(c) ELIGIBLE VOLUNTEER PROGRAMS.—A State Commission or
nonprofit organization receiving a grant under this section shall
use the assistance—
(1) directly to carry out volunteer programs or to develop
and support community-based entities that recruit, manage, or
support volunteers, by carrying out activities consistent with
the goals of the subgrants described in paragraph (2); or
(2) through subgrants to community-based entities to carry
out volunteer programs or develop and support such entities
that recruit, manage, or support volunteers, through 1 or more
of the following types of subgrants:
(A) A subgrant to a community-based entity for activities that are consistent with the priorities set by the
State’s national service plan as described in section 178(e),
or by the Corporation.
(B) A subgrant to recruit, manage, or support volunteers to a community-based entity such as a volunteer coordinating agency, a nonprofit resource center, a volunteer
training clearinghouse, an institution of higher education,
or a collaborative partnership of faith-based and community-based organizations.
(C) A subgrant to a community-based entity that provides technical assistance and support to—
(i) strengthen the capacity of local volunteer infrastructure organizations;
(ii) address areas of national need (as defined in
section 198B(a)); and
(iii) expand the number of volunteers nationally.
(d) ALLOCATION OF FUNDS.—
(1) IN GENERAL.—Of the funds allocated by the Corporation for provision of assistance under this section for a fiscal
year—
(A) the Corporation shall use 50 percent of such funds
to award grants, on a competitive basis, to State Commissions and nonprofit organizations for such fiscal year; and
(B) the Corporation shall use 50 percent of such funds
make an allotment to the State Commissions of each of the
several States, the District of Columbia, and the Commonwealth of Puerto Rico based on the formula described in
subsections (e) and (f) of section 129, subject to paragraph
(2).
(2) MINIMUM GRANT AMOUNT.—In order to ensure that
each State Commission is able to improve efforts to recruit,
manage, or support volunteers, the Corporation may determine
a minimum grant amount for allotments under paragraph
(1)(B).
(e) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than 5
percent of the amount of any grant provided under this section for
a fiscal year may be used to pay for administrative costs incurred
by either the recipient of the grant or any community-based entity
receiving assistance or a subgrant under such grant.
(f) MATCHING FUND REQUIREMENTS.—The Corporation share of
the cost of carrying out a program that receives assistance under
this section, whether the assistance is provided directly or as a
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subgrant from the original recipient of the assistance, may not exceed—
(1) 80 percent of such cost for the first year in which the
recipient receives such assistance;
(2) 70 percent of such cost for the second year in which the
recipient receives such assistance;
(3) 60 percent of such cost for the third year in which the
recipient receives such assistance; and
(4) 50 percent of such cost for the fourth year in which the
recipient receives such assistance and each year thereafter.
PART V—NONPROFIT CAPACITY BUILDING
PROGRAM
SEC. 198S. [42 U.S.C. 12653s] NONPROFIT CAPACITY BUILDING.
(a) DEFINITIONS.—In this section:
(1) INTERMEDIARY NONPROFIT GRANTEE.—The term
‘‘intermediary nonprofit grantee’’ means an intermediary nonprofit
organization that receives a grant under subsection (b).
(2) INTERMEDIARY NONPROFIT ORGANIZATION.—The term
‘‘intermediary nonprofit organization’’ means an experienced
and capable nonprofit entity with meaningful prior experience
in providing organizational development assistance, or capacity
building assistance, focused on small and midsize nonprofit organizations.
(3) NONPROFIT.—The term ‘‘nonprofit’’, used with respect
to an entity or organization, means—
(A) an entity or organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code; and
(B) an entity or organization described in paragraph
(1) or (2) of section 170(c) of such Code.
(4) STATE.—The term ‘‘State’’ means each of the several
States, and the District of Columbia.
(b) GRANTS.—The Corporation shall establish a Nonprofit Capacity Building Program to make grants to intermediary nonprofit
organizations to serve as intermediary nonprofit grantees. The Corporation shall make the grants to enable the intermediary nonprofit grantees to pay for the Federal share of the cost of delivering
organizational development assistance, including training on best
practices, financial planning, grantwriting, and compliance with
the applicable tax laws, for small and midsize nonprofit organizations, especially those nonprofit organizations facing resource hardship challenges. Each of the grantees shall match the grant funds
by providing a non-Federal share as described in subsection (f).
(c) AMOUNT.—To the extent practicable, the Corporation shall
make such a grant to an intermediary nonprofit organization in
each State, and shall make such grant in an amount of not less
than $200,000.
(d) APPLICATION.—To be eligible to receive a grant under this
section, an intermediary nonprofit organization shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may require. The
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intermediary nonprofit organization shall submit in the application
information demonstrating that the organization has secured sufficient resources to meet the requirements of subsection (f).
(e) PREFERENCE AND CONSIDERATIONS.—
(1) PREFERENCE.—In making such grants, the Corporation
shall give preference to intermediary nonprofit organizations
seeking to become intermediary nonprofit grantees in areas
where nonprofit organizations face significant resource hardship challenges.
(2) CONSIDERATIONS.—In determining whether to make a
grant the Corporation shall consider—
(A) the number of small and midsize nonprofit organizations that will be served by the grant;
(B) the degree to which the activities proposed to be
provided through the grant will assist a wide number of
nonprofit organizations within a State, relative to the proposed amount of the grant; and
(C) the quality of the organizational development assistance to be delivered by the intermediary nonprofit
grantee, including the qualifications of its administrators
and representatives, and its record in providing services to
small and midsize nonprofit organizations.
(f) FEDERAL SHARE.—
(1) IN GENERAL.—The Federal share of the cost as referenced in subsection (b) shall be 50 percent.
(2) NON-FEDERAL SHARE.—
(A) IN GENERAL.—The non-Federal share of the cost as
referenced in subsection (b) shall be 50 percent and shall
be provided in cash.
(B) THIRD PARTY CONTRIBUTIONS.—
(i) IN GENERAL.—Except as provided in clause (ii),
an intermediary nonprofit grantee shall provide the
non-Federal share of the cost through contributions
from third parties. The third parties may include charitable grantmaking entities and grantmaking vehicles
within existing organizations, entities of corporate philanthropy, corporations, individual donors, and regional, State, or local government agencies, or other
non-Federal sources.
(ii) EXCEPTION.—If the intermediary nonprofit
grantee is a private foundation (as defined in section
509(a) of the Internal Revenue Code of 1986), a donor
advised fund (as defined in section 4966(d)(2) of such
Code), an organization which is described in section
4966(d)(4)(A)(i) of such Code, or an organization which
is described in section 4966(d)(4)(B) of such Code, the
grantee shall provide the non-Federal share from
within that grantee’s own funds.
(iii) MAINTENANCE OF EFFORT, PRIOR YEAR THIRDPARTY FUNDING LEVELS.—For purposes of maintaining
private sector support levels for the activities specified
by this program, a non-Federal share that includes donations by third parties shall be composed in a way
that does not decrease prior levels of funding from the
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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same third parties granted to the nonprofit intermediary grantee in the preceding year.
(g) RESERVATION.—Of the amount authorized to provide financial assistance under this subtitle, there shall be made available to
carry out this section $5,000,000 for each of fiscal years 2010
through 2014.
Subtitle I—American Conservation and
Youth Service Corps
SEC. 199. [42 U.S.C. 12501 nt] SHORT TITLE.
This subtitle may be cited as the ‘‘American Conservation and
Youth Service Corps Act of 1990’’.
SEC. 199A. [42 U.S.C. 12655] GENERAL AUTHORITY.
The Corporation may make grants to States or local applicants
and may transfer funds to the Secretary of Agriculture or to the
Secretary of the Interior for the creation or expansion of full-time,
part-time, year-round, or summer, youth corps programs. To the
extent practicable, the Corporation shall apply the provisions of
subtitle C in making grants under this section.
SEC. 199B. [42 U.S.C. 12655a] LIMITATION ON PURCHASE OF CAPITAL
EQUIPMENT.
Not to exceed 10 percent of the amount of assistance made
available to a program agency under this subtitle shall be used for
the purchase of major capital equipment.
SEC. 199C. [42 U.S.C. 12655b] STATE APPLICATION.
(a) SUBMISSION.—To be eligible to receive
a grant under this
subtitle, a State or Indian tribe (or a local applicant if section 199A
applies) shall prepare and submit to the Corporation, an application at such time, in such manner, and containing such information
as the Corporation may reasonably require.
(b) GENERAL CONTENT.—An application submitted under subsection (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.
SEC. 199D. [42 U.S.C. 12655c] FOCUS OF PROGRAMS.
(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, parks, 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 fishery assistance;
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(D) road and trail maintenance and improvement;
(E) erosion, flood, drought, and storm damage assistance and controls;
(F) stream, lake, waterfront harbor, and port improvement;
(G) wetlands protection and pollution control;
(H) insect, disease, rodent, and fire prevention and
control;
(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 youth service 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 disabilities, 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 improvement of public facilities, neighborhood improvements,
literacy 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 individuals
with disabilities to public facilities, activities that focus on
drug and alcohol abuse education, prevention and treatment, and conservation, maintenance, or restoration of
natural resources on publicly held lands; and
(F) any other nonpartisan civic activities and services
that the Corporation determines to be of a substantial social 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) LIMITATION ON SERVICE.—No participant shall perform any
specific activity for more than a 6-month period. No participant
shall remain enrolled in programs assisted under this subtitle for
more than 24 months.
SEC. 199E. [42 U.S.C. 12655d] RELATED PROGRAMS.
An activity administered under the authority of the Secretary
of Health and Human Services, that is operated for the same purMay 19, 2009
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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pose as a program eligible to be carried out under this subtitle, is
encouraged to use services available under this subtitle.
SEC. 199F. [42 U.S.C. 12655e] PUBLIC LANDS OR INDIAN LANDS.
(a) LIMITATION.—To be eligible to receive assistance through
a
grant provided under this subtitle, a program shall carry out activities on public lands or Indian lands, or result in a public benefit.
(b) REVIEW OF APPLICATIONS.—In reviewing applications submitted under section 199C that propose programs or projects to be
carried out on public lands or Indian lands, the Corporation 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 management and administration of such lands, and all other applicable provisions of law; and
(2) all management, operational, and other plans and documents that govern the administration of such lands.
(d) PARTICIPATION BY OTHER CONSERVATION PROGRAMS.—Any
land or water conservation program (or any related program) administered 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. 199G. [42 U.S.C. 12655f] TRAINING AND EDUCATION SERVICES.
(a) ASSESSMENT OF SKILLS.—Each program agency shall assess
the educational level of participants at the time of their entrance
into 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 subtitle, 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 available to such
agency under this subtitle in each fiscal year to provide preservice 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;
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
170
pants to upgrade literacy skills, to obtain high school diplomas
or the equivalent of such diplomas, to obtain college degrees,
or to enhance employable skills.
(3) COUNSELING.—Career and educational guidance and
counseling shall be provided to a participant during a period
of in-service training as described in this subsection. Each
graduating participant shall be provided with counseling with
respect to additional study, job skills training or employment
and shall be provided job placement assistance where appropriate.
(4) PRIORITY FOR PARTICIPANTS WITHOUT HIGH SCHOOL DIPLOMAS.—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
requirements of applicable State and local law and regulations.
(2) ACADEMIC STANDARDS.—The standards and procedures
described 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 satisfactorily completed.
SEC. 199H. [42 U.S.C. 12655h] PREFERENCE FOR CERTAIN PROJECTS.
(a) IN GENERAL.—In the consideration of applications sub-
mitted under section 199C, the Corporation 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 enhance skills development and educational level
and opportunities for the participants.
(b) SPECIAL RULE.—In the consideration of applications under
this subtitle the Corporation shall ensure the equitable treatment
of both urban and rural areas.
SEC. 199I. [42 U.S.C. 12655i] AGE AND CITIZENSHIP CRITERIA FOR ENROLLMENT.
(a) AGE AND CITIZENSHIP.—Enrollment in programs that re-
ceive assistance under this subtitle shall be limited to individuals
who, at the time of enrollment, are—
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NATIONAL AND COMMUNITY SERVICE ACT OF 1990
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(1) not less than 16 years nor more than 25 years of age,
except that summer programs may include individuals not less
than 14 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 permanent resident aliens of the United States.
(b) PARTICIPATION OF DISADVANTAGED YOUTH.—Programs that
receive assistance under this subtitle shall ensure that educationally and economically disadvantaged youth, including youth in foster care who are becoming too old for foster care, youth with disabilities, 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
(a)(1), 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.—
Program agencies shall use not more than 2 percent of amounts received 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 (a)(1).
SEC. 199J. [42 U.S.C. 12655j] USE OF VOLUNTEERS.
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 supervision. The use of volunteer services under this section shall be
subject to the condition that such use does not result in the displacement of any participant.
SEC. 199K. [42 U.S.C. 12655l] LIVING ALLOWANCE.
(a) FULL-TIME SERVICE.—
(1) LIVING ALLOWANCE REQUIRED.—Subject
to paragraph
(3), each participant in a full-time youth corps program that receives assistance under this subtitle shall receive a living allowance in an amount equal to or greater than the average annual subsistence allowance provided to VISTA volunteers
under section 105 of the Domestic Volunteer Service Act of
1973 (42 U.S.C. 4955).
(2) LIMITATION ON FEDERAL SHARE.—The amount of the
annual living allowance provided under paragraph (1) that
may be paid using assistance provided under this subtitle, section 121, and any other Federal funds shall not exceed 85 percent of the total average annual subsistence allowance provided to VISTA volunteers under section 105 of the Domestic
Volunteer Service Act of 1973 (42 U.S.C. 4955).
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Sec. 199K
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
172
(3) MAXIMUM LIVING ALLOWANCE.—The total amount of an
annual living allowance that may be provided to a participant
in a full-time youth corps program that receives assistance
under this subtitle shall not exceed 200 percent of the average
annual subsistence allowance provided to VISTA volunteers
under section 105 of the Domestic Volunteer Service Act of
1973 (42 U.S.C. 4955).
(4) WAIVER OR REDUCTION OF LIVING ALLOWANCE.—The
Corporation may waive or reduce the requirement of paragraph (1) with respect to such national service program if such
program demonstrates that—
(A) such requirement is inconsistent with the objectives of the program; and
(B) the amount of the living allowance that will be
provided to each full-time participant is sufficient to meet
the necessary costs of living (including food, housing, and
transportation) in the area in which the program is located.
(5) EXEMPTION.—The requirement of paragraph (1) shall
not apply to any program that was in existence on the date of
the enactment of the National and Community Service Trust
Act of 1993.
(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.
(2) FAIR LABOR STANDARDS ACT OF 1938.—For purposes of
the Fair Labor Standards Act of 1938, residential youth corps
programs under this subtitle will be considered an organized
camp.
(c) HEALTH INSURANCE.—In addition to the living allowance
provided 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 insurance.
(d) FACILITIES, SERVICES, AND SUPPLIES.—
(1) IN GENERAL.—The program agency may deduct, from
amounts provided under subsection (a) to a participant, a reasonable 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
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173
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 199M
tive facilities to work sites, accommodations for individuals
with disabilities, and other appropriate services, supplies, and
equipment to each participant.
(4) OTHER FEDERAL AGENCIES.—
(A) IN GENERAL.—The Corporation may provide services, facilities, supplies, and equipment, including any 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
Corporation 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 Corporation 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.
SEC. 199L. [42 U.S.C. 12655m] JOINT PROGRAMS.
(a) DEVELOPMENT.—The Corporation may
develop, in cooperation with the heads of other Federal agencies, regulations designed
to permit, where appropriate, joint programs in which activities
supported with assistance made available under this subtitle are
coordinated with activities supported with assistance made available under programs administered by the heads of such agencies
(including the Job Training Partnership Act and title I of the
Workforce Investment Act of 1998). 1
(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.
(c) OPERATION OF MANAGEMENT AGREEMENTS.—Program agencies may enter into contracts and other appropriate arrangements
with local government agencies and nonprofit organizations for the
operation or management of any projects or facilities under the program.
(d) COORDINATION.—The Corporation and program agencies
carrying out programs under this subtitle shall coordinate the programs with related Federal, State, local, and private activities.
SEC. 199M. [42 U.S.C. 12655n] FEDERAL AND STATE EMPLOYEE STATUS.
(a) IN GENERAL.—Participants and crew leaders shall be re-
sponsible to, or be the responsibility of, the program agency administering the program on which such participants, crew leaders, and
volunteers work.
(b) NON-FEDERAL EMPLOYEES.—
(1) IN GENERAL.—Except as otherwise provided in this subsection, a participant or crew leader in a program that receives
1 Effective July 1, 2000, subsection (a) is amended by striking ‘‘the Job Training Partnership
Act and’’.
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Sec. 199N
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
174
assistance under this subtitle shall not be considered a Federal
employee and shall not be subject to the provisions of law relating to Federal employment.
(2) WORK-RELATED INJURY.—For purposes of subchapter I
of chapter 81 of title 5, United States Code, relating to the
compensation 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 supervision 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 participant 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
Agriculture, 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
quarters, a participant or crew leader shall be considered an
employee of the United States within the meaning of the term
‘‘employee’’ as defined in paragraph (3) of subsection (a) of such
section.
(c) AVAILABILITY 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.
Subtitle J—Training and Technical
Assistance
SEC. 199N. [42 U.S.C. 12657] TRAINING AND TECHNICAL ASSISTANCE.
(a) IN GENERAL.—The Corporation shall, directly or through
grants, contracts, or cooperative agreements (including through
State Commissions), conduct appropriate training for and provide
technical assistance to—
(1) programs receiving assistance under the national service laws; and
(2) entities (particularly entities in rural areas and underserved communities) that desire to—
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175
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 199N
(A) carry out or establish national service programs; or
(B) apply for assistance (including subgrants) under
the national service laws.
(b) ACTIVITIES INCLUDED.—Such training and technical assistance activities may include—
(1) providing technical assistance to entities applying to
carry out national service programs or entities carrying out national service programs;
(2) promoting leadership development in national service
programs;
(3) improving the instructional and programmatic quality
of national service programs;
(4) developing the management and budgetary skills of individuals operating or overseeing national service programs,
including developing skills to increase the cost effectiveness of
the programs under the national service laws;
(5) providing for or improving the training provided to the
participants in programs under the national service laws;
(6) facilitating the education of individuals participating in
national service programs in risk management procedures, including the training of participants in appropriate risk management practices;
(7) training individuals operating or overseeing national
service programs—
(A) in volunteer recruitment, management, and retention to improve the abilities of such individuals to use participants and other volunteers in an effective manner,
which training results in high-quality service and the desire of participants and volunteers to continue to serve in
other capacities after the program is completed;
(B) in program evaluation and performance measures
to inform practices to augment the capacity and sustainability of the national service programs; or
(C) to effectively accommodate individuals with disabilities to increase the participation of individuals with
disabilities in national service programs, which training
may utilize funding from the reservation of funds under
section 129(k) to increase the participation of individuals
with disabilities;
(8) establishing networks and collaboration among employers, educators, and other key stakeholders in the community to
further leverage resources to increase local participation in national service programs, and to coordinate community-wide
planning and service with respect to national service programs;
(9) providing training and technical assistance for the National Senior Service Corps, including providing such training
and technical assistance to programs receiving assistance
under section 201 of the Domestic Volunteer Service Act of
1973 (42 U.S.C. 5001); and
(10) carrying out such other activities as the Chief Executive Officer determines to be appropriate.
(c) PRIORITY.—In carrying out this section, the Corporation
shall give priority to programs under the national service laws and
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Sec. 401
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
176
entities eligible to establish such programs that seek training or
technical assistance and that—
(1) seek to carry out high-quality programs where the services are needed most;
(2) seek to carry out high-quality programs where national
service programs do not exist or where the programs are too
limited to meet community needs;
(3) seek to carry out high-quality programs that focus on
and provide service opportunities for underserved rural and
urban areas and populations; and
(4) seek to assist programs in developing a service component that combines students, out-of-school youths, and older
adults as participants to provide needed community services.
TITLE II—MODIFICATIONS OF EXISTING
PROGRAMS
Subtitle B—Publication
SEC. 201. INFORMATION FOR STUDENTS. [Omitted]
SEC. 202. EXIT COUNSELING FOR BORROWERS. [Omitted]
SEC. 203. DEPARTMENT INFORMATION ON DEFERMENTS AND CANCELLATIONS. [Omitted]
SEC. 204. DATA ON DEFERMENTS AND CANCELLATIONS. [Omitted]
Subtitle B—Youthbuild Projects
SEC. 211. YOUTHBUILD PROJECTS.
[See title VII of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 5091 et seq.)]
[Title III was repealed by section 1831(a) of Public Law 111–13]
TITLE IV—PROJECTS HONORING
VICTIMS OF TERRORIST ATTACKS
SEC. 401. ø42 U.S.C. 12671¿ PROJECTS.
(a) DEFINITION.—In this section,
the term ‘‘administrative organization’’ means a nonprofit private organization that enters into
an agreement with the Corporation to carry out this section.
(b) IDENTIFICATION OF PROJECTS.—
(1) ESTIMATED NUMBER.—Not later than March 1, 2002,
the administrative organization, after obtaining the guidance
of the heads of appropriate Federal agencies, such as the Director of the Office of Homeland Security and the Attorney
General, shall—
(A) make an estimate of the number of victims killed
as a result of the terrorist attacks on September 11, 2001
(referred to in this section as the ‘‘estimated number’’); and
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177
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 501
(B) compile a list that specifies, for each individual
that the administrative organization determines to be such
a victim, the name of the victim and the State in which
the victim resided.
(2) IDENTIFIED PROJECTS.—The administrative organization may identify approximately the estimated number of community-based national and community service projects that
meet the requirements of subsection (d). The administrative organization may name projects in honor of victims described in
subsection (b)(1)(A), after obtaining the permission of an appropriate member of the victim’s family and the entity carrying
out the project.
(c) ELIGIBLE ENTITIES.—To be eligible to have a project named
under this section, the entity carrying out the project shall be a political subdivision of a State, a business, a nonprofit organization
(which may be a religious organization), an Indian tribe, or an institution of higher education.
(d) PROJECTS.—The administrative organization shall name,
under this section, projects—
(1) that advance the goals of unity, and improving the
quality of life in communities; and
(2) that will be planned, or for which implementation will
begin, within a reasonable period after the date of enactment
of the Unity in the Spirit of America Act, as determined by the
administrative organization.
(e) WEBSITE AND DATABASE.—The administrative organization
shall create and maintain websites and databases, to describe
projects named under this section and serve as appropriate vehicles
for recognizing the projects.
TITLE V—AUTHORIZATION OF
APPROPRIATIONS
SEC. 501. [42 U.S.C. 12681] AUTHORIZATION OF APPROPRIATIONS.
(a) TITLE I.—
(1) SUBTITLE B.—
(A) IN GENERAL.—There are authorized to be appro-
priated to provide financial assistance under subtitle B of
title I—
(i) $97,000,000 for fiscal year 2010; and
(ii) such sums as may be necessary for each of fiscal years 2011 through 2014.
(B) PART IV RESERVATION.—Of the amount appropriated under subparagraph (A) for a fiscal year, the Corporation may reserve such sums as may be necessary to
carry out part IV of subtitle B of title I.
(C) SECTION 118A.—Of the amount appropriated under
subparagraph (A) and not reserved under subparagraph
(B) for a fiscal year, not more than $7,000,000 shall be
made available for awards to Campuses of Service under
section 118A.
(D) SECTION 119(C)(8).—Of the amount appropriated
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Sec. 501
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
178
graph (B) for a fiscal year, not more than $10,000,000 shall
be made available for summer of service program grants
under section 119(c)(8), and not more than $10,000,000
shall be deposited in the National Service Trust to support
summer of service educational awards, consistent with section 119(c)(8).
(E) SECTION 119(C)(9).—Of the amount appropriated
under subparagraph (A) and not reserved under subparagraph (B) for a fiscal year, not more than $20,000,000 shall
be made available for youth engagement zone programs
under section 119(c)(9).
(F) GENERAL PROGRAMS.—Of the amount remaining
after the application of subparagraphs (A) through (E) for
a fiscal year—
(i) not more than 60 percent shall be available to
provide financial assistance under part I of subtitle B
of title I;
(ii) not more than 25 percent shall be available to
provide financial assistance under part II of such subtitle; and
(iii) not less than 15 percent shall be available to
provide financial assistance under part III of such subtitle.
(2) SUBTITLES C AND D.—There are authorized to be appropriated, for each of fiscal years 2010 through 2014, such sums
as may be necessary to provide financial assistance under subtitle C of title I and to provide national service educational
awards under subtitle D of title I for the number of participants described in section 121(f)(1) for each such fiscal year.
(3) SUBTITLE E.—
(A) IN GENERAL.—There are authorized to be appropriated to operate the National Civilian Community Corps
and provide financial assistance under subtitle E of title I,
such sums as may be necessary for each of fiscal years
2010 through 2014.
(B) PRIORITY.—Notwithstanding any other provision of
this Act, in obligating the amounts made available pursuant to the authorization of appropriations in this paragraph, priority shall be given to programs carrying out activities in areas for which the President has declared the
existence of a major disaster, in accordance with section
401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), including a major
disaster as a consequence of Hurricane Katrina or Rita.
(4) SUBTITLE H.—
(A) AUTHORIZATION.—There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2010 through 2014 to provide financial assistance
under subtitle H of title I.
(B) SECTION 198B.—Of the amount authorized under
subparagraph (A) for a fiscal year, such sums as may be
necessary shall be made available to provide financial assistance under section 198B and to provide national service educational awards under subtitle D of title I to the
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179
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 501
number of participants in national service positions established or increased as provided in section 198B(b)(3) for
such year.
(C) SECTION 198C.—Of the amount authorized under
subparagraph (A) for a fiscal year, $12,000,000 shall be
made available to provide financial assistance under section 198C.
(D) SECTION 198H.—Of the amount authorized under
subparagraph (A) for a fiscal year, such sums as may be
necessary shall be made available to provide financial assistance under section 198H.
(E) SECTION 198K.—Of the amount authorized under
subparagraph (A), there shall be made available to carry
out section 198K—
(i) $50,000,000 for fiscal year 2010;
(ii) $60,000,000 for fiscal year 2011;
(iii) $70,000,000 for fiscal year 2012;
(iv) $80,000,000 for fiscal year 2013; and
(v) $100,000,000 for fiscal year 2014.
(F) SECTION 198P.—Of the amount authorized under
subparagraph (A), there shall be made available to carry
out section 198P—
(i) $50,000,000 for fiscal year 2010;
(ii) $60,000,000 for fiscal year 2011;
(iii) $70,000,000 for fiscal year 2012;
(iv) $80,000,000 for fiscal year 2013; and
(v) $100,000,000 for fiscal year 2014.
(5) ADMINISTRATION.—
(A) IN GENERAL.—There are authorized to be appropriated for the administration of this Act, including financial assistance under section 126(a), such sums as may be
necessary for each of fiscal years 2010 through 2014.
(B) CORPORATION.—Of the amounts appropriated
under subparagraph (A) for a fiscal year, a portion shall be
made available to provide financial assistance under section 126(a).
(6) EVALUATION, TRAINING, AND TECHNICAL ASSISTANCE.—
Notwithstanding paragraphs (1), (2), and (4) and any other
provision of law, of the amounts appropriated for a fiscal year
under subtitles B, C, and H of title I of this Act and under titles I and II of the Domestic Volunteer Service Act of 1973, the
Corporation shall reserve not more than 2.5 percent to carry
out sections 112(e) and 179A and subtitle J, of which
$1,000,000 shall be used by the Corporation to carry out section 179A. Notwithstanding subsection (b), amounts so reserved shall be available only for the fiscal year for which the
amounts are reserved.
(b) AVAILABILITY OF APPROPRIATIONS.—Funds appropriated
under this section shall remain available until expended.
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Sec. 601
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
180
TITLE VI—MISCELLANEOUS
PROVISIONS
SEC. 601. AMTRAK WASTE DISPOSAL.
(a) * * *
*
*
*
*
*
*
*
(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.
(c) EFFECTIVE DATE.—The amendments made by subsection (a)
shall take effect as if enacted on February 5, 1976.
(d) ENVIRONMENTALLY SENSITIVE AREAS.—Not later than 1
year after the date of enactment of this Act, the Secretary of Transportation, after appropriate notice and comment, and in consultation with the National Railroad Passenger Corporation, the Administrator of the Environmental Protection Agency, the Surgeon General, 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.
(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, railroad yards, or while the train is moving through environmentally
sensitive areas.
SEC. 602. EXCHANGE PROGRAM WITH COUNTRIES IN TRANSITION
FROM TOTALITARIANISM TO DEMOCRACY.
(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 cooperative relations, to provide, by grant, contract, or otherwise, for exchanges 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,
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181
NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 602
ernment 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.
The program under this section shall be coordinated by the Department of State.
(b) TRANSFER OF FUNDS.—The President is authorized to transfer to the appropriate appropriations account of the Department of
State 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, 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 authorized to accept such gifts or cost-sharing arrangements as may be proffered to sustain the program under this
section.
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| File Type | application/pdf |
| File Title | F:\COMP\NCSA90\NCSA90 |
| File Modified | 2012-02-10 |
| File Created | 2009-05-19 |