S.Amdt. 5397Senate117th Congress (2021-2023)

S.Amdt. 5397

What it does: Strikes subtitle G of title II
Submitted August 6, 2022

What it changes

1 change to H.R. 5376 · shown in the bill's text

Strikes a provision
  1. Strikes subtitle G of title II

    Strikes

    In H.R. 5376 · Placed on Calendar Senate

    Struck: Subtitle G--National Service and Workforce Development in Support of Climate Resilience and Mitigation

    Struck: SEC. 26001. CORPORATION FOR NATIONAL AND COMMUNITY SERVICE AND THE NATIONAL SERVICE TRUST.

    Struck: (a) AmeriCorps State and National.--

    Struck: (1) In general.--In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to the Corporation for National and Community Service, $3,200,000,000, to remain available until September 30, 2026, which shall be used to make funding adjustments to existing (as of the date of enactment of this Act) awards and make new awards to entities (whether or not such entities are already recipients of a grant or other agreement on the date of enactment of this Act) to support national service programs described in paragraphs (1)(A), (2)(A), (3)(A), and (5)(A) of subsection (a), and subsection (b)(2), of section 122 of the National and Community Service Act of 1990 and national service programs carrying out activities described in clauses (i), (ii), (iii), (v), (vi), and (vii) of paragraph (4)(B) of subsection (a) of such section, to increase living allowances and improve benefits of participants in such programs.

    Show 121 more struck paragraphs

    Struck: (2) Requirements.--For the purposes of carrying out paragraph (1)--

    Struck: (A) the Corporation shall waive the requirements described in section 121(e)(1) of the National and Community Service Act of 1990, in whole or in part, if a recipient of a grant or other agreement for such a national service program demonstrates--

    Struck: (i) the recipient will serve underserved or low-income communities, and a significant percentage of participants in such program are low-income individuals; and

    Struck: (ii) without such waiver, the recipient cannot meet the requirements of this section;

    Struck: (B) section 189(a) of such Act shall be applied by substituting "125 percent of the amount of the minimum living allowance of a full-time participant per full- time equivalent position" for "$18,000 per full-time equivalent position"; and

    Struck: (C) section 140(a)(1) of such Act shall be applied by substituting "200 percent of the poverty line" for "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)".

    Struck: (b) State Commissions.--

    Struck: (1) In general.--In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to the Corporation for National and Community Service, $400,000,000, to remain available until September 30, 2026, which shall be used to make funding adjustments to existing (as of the date of enactment of this Act) awards and make new awards to States to establish or operate State Commissions on National and Community Service.

    Struck: (2) Match waiver.--For the purposes of carrying out paragraph (1), the Corporation shall waive the matching requirement described in section 126(a)(2) of the National and Community Service Act of 1990, in whole or in part, for a State Commission, if such State Commission demonstrates need for such waiver.

    Struck: (c) National Civilian Community Corps.--In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to the Corporation for National and Community Service, $80,000,000, to remain available until September 30, 2029, which shall be used to increase the living allowance and benefits of participants in the National Civilian Community Corps authorized under section 152 of the National and Community Service Act of 1990.

    Struck: (d) AmeriCorps Vista.--

    Struck: (1) In general.--In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to the Corporation for National and Community Service, $600,000,000 to remain available until September 30, 2029, which shall be used to increase the subsistence allowances and improve benefits of participants in the Volunteers in Service to America program authorized under section 102 of the Domestic Volunteer Service Act of 1973.

    Struck: (2) Requirement.--For purposes of carrying out paragraph (1)--

    Struck: (A) section 105(b)(2)(A) of the Domestic Volunteer Service Act of 1973 shall be applied by substituting "200 percent" for "95 percent"; and

    Struck: (B) section 105(b)(2)(B) of the Domestic Volunteer Service Act of 1973 shall be applied by substituting "210 percent" for "105 percent".

    Struck: (e) National Service in Support of Climate Resilience and Mitigation.--

    Struck: (1) In general.--In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to the Corporation for National and Community Service, $6,915,000,000, which shall be used for the purposes specified in paragraph (3).

    Struck: (2) Availability of funds.--Amounts appropriated under paragraph (1) shall--

    Struck: (A) be available until September 30, 2026, for national service programs described in paragraphs (1)(A), (2)(A), (3)(A), and (5)(A) of subsection (a), and subsection (b)(2), of section 122 of the National and Community Service Act of 1990 and national service programs carrying out activities described in clauses (i), (ii), (iii), (v), (vi), and (vii) of paragraph (4)(B) of subsection (a) of such section; and

    Struck: (B) be available until September 30, 2029, for National Civilian Community Corps programs authorized under section 152 of the National and Community Service Act of 1990 and Volunteers in Service to America programs authorized under section 102 of the Domestic Volunteer Service Act of 1973.

    Struck: (3) Use of funds.--

    Struck: (A) In general.--The Corporation shall use amounts appropriated under paragraph (1) to fund programs described in subparagraph (B) to carry out projects or activities described in section 122(a)(3)(B) of the National and Community Service Act of 1990.

    Struck: (B) Programs.--The programs described in subparagraph (A) shall include--

    Struck: (i) national service programs described in paragraphs (1)(A), (2)(A), (3)(A), and (5)(A) of subsection (a), and subsection (b)(2), of section 122 of the National and Community Service Act of 1990 and national service programs carrying out activities described in clauses (i), (ii), (iii), (v), (vi), and (vii) of paragraph (4)(B) of subsection (a) of such section;

    Struck: (ii) National Civilian Community Corps programs authorized under section 152 of the National and Community Service Act of 1990; and

    Struck: (iii) Volunteers in Service to America programs authorized under section 102 of the Domestic Volunteer Service Act of 1973.

    Struck: (C) Terms.--In funding programs described in subparagraph (A), the Corporation shall ensure--

    Struck: (i) awards are made to entities that serve, and have representation from, low-income communities or communities experiencing (or at risk of experiencing) adverse health and environmental conditions;

    Struck: (ii) such programs utilize culturally competent and multilingual strategies;

    Struck: (iii) projects carried out through such programs are planned with community input, and implemented by diverse participants who are from communities being served by such programs; and

    Struck: (iv) such programs provide participants with workforce development opportunities, such as pre-apprenticeships that articulate to registered apprenticeship programs, and pathways to post-service employment in high- quality jobs, including registered apprenticeships.

    Struck: (4) Requirements.--For the purposes of carrying out paragraph (1)--

    Struck: (A) in implementing national service programs described in paragraph (3)(B)(i) and funded by the appropriations specified in paragraph (1)--

    Struck: (i) the Corporation shall waive the requirements described in section 121(e)(1) of the National and Community Service Act of 1990, in whole or in part, if a recipient of a grant or other agreement for the national service program involved demonstrates--

    Struck: (I) the recipient will serve underserved or low-income communities, and a significant percentage of participants in such program are low- income individuals; and

    Struck: (II) without such waiver, the recipient cannot meet the requirements of this section;

    Struck: (ii) section 189(a) of the National and Community Service Act of 1990 shall be applied by substituting "125 percent of the amount of the minimum living allowance of a full-time participant per full-time equivalent position" for "$18,000 per full-time equivalent position";

    Struck: (iii) section 140(a)(1) of the National and Community Service Act of 1990 shall be applied by substituting "200 percent of the poverty line" for "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)"; and

    Struck: (iv) the Corporation shall waive the matching requirement described in section 126(a)(2) of the National and Community Service Act of 1990, in whole or in part, for a State Commission, if such State Commission demonstrates need for such waiver; and

    Struck: (B) in implementing national service programs described in paragraph (3)(B)(iii) and funded by the appropriations specified in paragraph (1)--

    Struck: (i) section 105(b)(2)(A) of the Domestic Volunteer Service Act of 1973 shall be applied by substituting "200 percent" for "95 percent"; and

    Struck: (ii) section 105(b)(2)(B) of the Domestic Volunteer Service Act of 1973 shall be applied by substituting "210 percent" for "105 percent".

    Struck: (f) Administrative Costs.--

    Struck: (1) In general.--In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to the Corporation for National and Community Service, $1,010,400,000, to remain available until September 30, 2029, which shall be used for Federal administrative expenses to carry out programs and activities funded under this section, including--

    Struck: (A) corrective actions to address recommendations arising from audits of the financial statements of the Corporation and the National Service Trust, and, in consultation with the Inspector General of the Corporation, the development of fraud prevention and detection controls and risk-based anti-fraud monitoring for grants and other financial assistance funded under this section; and

    Struck: (B) coordination of efforts and activities with the Departments of Labor and Education to support the national service programs funded under subsections (a), (c), (d), and (e) in improving the readiness of participants to transition to high-quality jobs or further education.

    Struck: (2) Fiscal year 2030 program administration.--In addition to amounts otherwise available, there is appropriated for fiscal year 2030, out of any money in the Treasury not otherwise appropriated, to the Corporation for National and Community Service, $79,800,000, to remain available until September 30, 2030, which shall be used, in fiscal year 2030, for Federal administrative expenses to carry out programs and activities funded under this section.

    Struck: (3) Plan.--In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to the Corporation, $300,000, to remain available until September 30, 2023, which shall be used by the Chief Executive Officer of the Corporation to--

    Struck: (A) develop, publish, and implement, not later than 180 days after the date of enactment of this Act, a project, operations, and management plan for funds appropriated under this section; and

    Struck: (B) consult with the Secretary of Labor and the Inspector General of the Corporation in developing the plan under subparagraph (A).

    Struck: (4) Outreach.--In addition to amounts otherwise made available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to the Corporation for National and Community Service, $49,500,000, to remain available until September 30, 2030, for outreach to and recruitment of members from communities traditionally underrepresented in national service programs and members of a community experiencing a significant dislocation of workers, including energy transition communities.

    Struck: (g) Office of Inspector General.--In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to the Corporation for National and Community Service, $75,000,000, to remain available until September 30, 2030, which shall be used for the Office of Inspector General of the Corporation for salaries and expenses necessary for oversight and audit of programs and activities funded under this section.

    Struck: (h) National Service Trust.--

    Struck: (1) In general.--In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to the National Service Trust, $1,150,000,000, to remain available until September 30, 2030, for--

    Struck: (A) administration of the National Service Trust; and

    Struck: (B) payment to the Trust for the provision of national service educational awards and interest expenses--

    Struck: (i) for participants, for a term of service supported by funds made available under subsection (e); and

    Struck: (ii) pursuant to section 145(a)(1)(A) of the National and Community Service Act of 1990.

    Struck: (2) Supplemental educational awards.--

    Struck: (A) Appropriation.--In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to the National Service Trust, $1,660,000,000, to remain available until September 30, 2030, for payment to the National Service Trust for the purpose of providing a supplemental national service educational award to an individual eligible to receive a national service educational award pursuant to section 146(a), and the individual's transferee pursuant to section 148(f), of the National and Community Service Act of 1990, for a term of service that began after the date of enactment of this Act in a national service program (including a term of service supported by funds made available under subsection (e)).

    Struck: (B) Award availability.--The supplemental educational award referred to in subparagraph (A) shall be available to an individual or their transferee described in subparagraph (A) in accordance with the paragraph (3).

    Struck: (C) Calculation.--The amount of the supplemental educational award that shall be available to an individual or their transferee described in subparagraph (A) shall be calculated as follows:

    Struck: (i) Amount for full-time national service.--For an individual who completes a required term of full-time national service, or the individual's transferee--

    Struck: (I) in a case in which the award year for which the national service position is approved by the Corporation is award year 2022-2023, 50 percent of the maximum amount of a Federal Pell Grant under section 401 of the Higher Education Act of 1965 that a student eligible for such Grant may receive in the aggregate for such award year; and

    Struck: (II) in a case in which the award year for which the national service position is approved by the Corporation is award year 2023-2024 or a subsequent award year, 50 percent of the total maximum Federal Pell Grant under section 401 of the Higher Education Act of 1965 that a student eligible for such Grant may receive in the aggregate for such award year.

    Struck: (ii) Amount for part-time national service.--For an individual who completes a required term of part-time national service, or the individual's transferee, 50 percent of the amount determined under clause (i).

    Struck: (iii) Amount for partial completion of national service.--For an individual released from completing the full-time or part-time term of service agreed to by the individuals, or the individual's transferee, the portion of the amount determined under clause (i) that corresponds to the portion of the term of service completed by the individual.

    Struck: (3) Period of availability for national service educational awards.--

    Struck: (A) In general.--Notwithstanding section 146(d) of the National and Community Service Act of 1990, relating to a period of time for use of a national service educational award, or any extensions to such time period granted under section 146(d)(2) of such Act, an individual eligible to receive a national service educational award for a term of service supported by funds made available under subsection (e), or the individual's transferee, and an individual eligible to receive a supplemental educational award described in paragraph (2) for a term of service, or the individual's transferee, shall not use, after September 30, 2030, the national service educational award or supplemental educational award for the term of service involved, and the national service educational award and supplemental educational award shall be available for the lengths of time described in subparagraph (B).

    Struck: (B) Lengths of time.--The lengths of time described in this subparagraph are as follows:

    Struck: (i) For an individual who completes the term of service involved by September 30, 2023 or the individual's transferee, until the end of the 7-year period beginning on that date.

    Struck: (ii) For an individual who completes such term of service by September 30, 2024 or the individual's transferee, until the end of the 6-year period beginning on that date.

    Struck: (iii) For an individual who completes such term of service by September 30, 2025 or the individual's transferee, until the end of the 5-year period beginning on that date.

    Struck: (iv) For an individual who completes such term of service by September 30, 2026 or the individual's transferee, until the end of the 4-year period beginning on that date.

    Struck: (v) For an individual who completes such term of service by September 30, 2027 or the individual's transferee, until the end of the 3-year period beginning on that date.

    Struck: (vi) For an individual who completes such term of service by September 30, 2028 or the individual's transferee, until the end of the 2-year period beginning on that date.

    Struck: (vii) For an individual who completes such term of service by September 30, 2029 or the individual's transferee, until the end of the 1-year period beginning on that date.

    Struck: (i) Limitation.--The funds made available under this section are subject to the condition that the Corporation shall not--

    Struck: (1) use such funds to make any transfer to the National Service Trust for any use, or enter into any agreement involving such funds--

    Struck: (A) that is for a term extending beyond September 30, 2031; or

    Struck: (B) for which or under which any payment could be outlaid after September 30, 2031; and

    Struck: (2) use any other funds available to the Corporation to liquidate obligations made under this section.

    Struck: (j) Definition.--For purposes of this section, the term "registered apprenticeship program" means an apprenticeship program registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor, or a State apprenticeship agency recognized by the Office of Apprenticeship, pursuant to the Act of August 16, 1937 (commonly known as the "National Apprenticeship Act"; 50 Stat. 664, chapter 663).

    Struck: SEC. 26002. WORKFORCE DEVELOPMENT IN SUPPORT OF CLIMATE RESILIENCE AND MITIGATION.

    Struck: (a) YouthBuild.--In addition to amounts otherwise available, there is appropriated to the Department of Labor for fiscal year 2022, out of any amounts in the Treasury not otherwise appropriated, $450,000,000, to remain available until September 30, 2026, to support activities aligned with high-quality employment opportunities in industry sectors or occupations related to climate resilience or mitigation and aligned with the activities described in subsection (e)(3) of section 26001 by--

    Struck: (1) carrying out activities described in section 171(c)(2) of the Workforce Innovation and Opportunity Act; and

    Struck: (2) improving and expanding access to services, stipends, wages, and benefits described in subparagraphs (A)(vii) and (F) of section 171(c)(2) of such Act.

    Struck: (b) Job Corps.--

    Struck: (1) In general.--In addition to amounts otherwise available, there is appropriated to the Department of Labor for fiscal year 2022, out of any amounts in the Treasury not otherwise appropriated, $450,000,000, to remain available until September 30, 2026, to support activities aligned with high- quality employment opportunities in industry sectors or occupations related to climate resilience or mitigation and aligned with the activities described in subsection (e)(3) of section 26001 by--

    Struck: (A) providing funds to operators and service providers to--

    Struck: (i) carry out the activities and services described in sections 148 and 149 of the Workforce Innovation and Opportunity Act; and

    Struck: (ii) improve and expand access to allowances and services described in section 150 of such Act; and

    Struck: (B) notwithstanding section 158(c) of such Act, constructing, rehabilitating, and acquiring Job Corps centers to support activities described in subparagraph (A).

    Struck: (2) Eligibility.--For the purposes of carrying out paragraph (1), an entity in a State or outlying area may be eligible to be selected as an operator or service provider.

    Struck: (c) Pre-apprenticeship, and Registered Apprenticeship Programs.--

    Struck: (1) Pre-apprenticeship programs.--In addition to amounts otherwise available, there is appropriated to the Department of Labor for fiscal year 2022, out of any amounts in the Treasury not otherwise appropriated, $1,000,000,000, to remain available until September 30, 2026, to carry out activities through grants, cooperative agreements, contracts, or other arrangements, to create or expand pre-apprenticeship programs that articulate to registered apprenticeship programs, are aligned with high-quality employment opportunities in industry sectors or occupations related to climate resilience or mitigation, and are aligned with the activities described in subsection (e)(3) of section 26001.

    Struck: (2) Pre-apprenticeship partnerships.--In addition to amounts otherwise available, there is appropriated to the Department of Labor for fiscal year 2022, out of any amounts in the Treasury not otherwise appropriated, $150,000,000, to remain available until September 30, 2026, to support partnerships between entities carrying out pre-apprenticeship programs that articulate to registered apprenticeship programs and entities funded under subsection (e) of section 26001 to ensure past and current participants in programs funded under subsection (e)(1) of section 26001 have access to such pre- apprenticeship programs.

    Struck: (3) Registered apprenticeship programs.--In addition to amounts otherwise available, there is appropriated to the Department of Labor for fiscal year 2022, out of any amounts in the Treasury not otherwise appropriated, $450,000,000, to remain available until September 30, 2026, to carry out activities through grants, cooperative agreements, contracts, or other arrangements, to create or expand registered apprenticeship programs in climate-related nontraditional apprenticeship occupations.

    Struck: (4) Participants with barriers to employment and nontraditional apprenticeship populations.--In addition to amounts otherwise available, there is appropriated to the Department of Labor for fiscal year 2022, out of any amounts in the Treasury not otherwise appropriated, $350,000,000, to remain available until September 30, 2026, for entities to carry out pre-apprenticeship programs described in paragraph (1), and registered apprenticeship program described in paragraph (3), serving a high number or high percentage of individuals with barriers to employment, including individuals with disabilities, or nontraditional apprenticeship populations.

    Struck: (d) Reentry Employment Opportunities Program.--In addition to amounts otherwise available, there is appropriated to the Department of Labor for fiscal year 2022, out of any amounts in the Treasury not otherwise appropriated, $1,000,000,000, to remain available until September 30, 2026, for the Reentry Employment Opportunities program, which amount shall be used to support activities aligned with high- quality employment opportunities in industry sectors or occupations related to climate resilience or mitigation and aligned with the activities described in subsection (e)(3) of section 26001.

    Struck: (e) Paid Youth Employment Opportunities.--In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to the Department of Labor, $350,000,000, to remain available until September 30, 2026, to carry out activities through grants, contracts, or cooperative agreements, for the purposes of providing in-school youth and out-of- school youth with paid work experiences authorized under section 129(c)(2)(C) of the Workforce Innovation and Opportunity Act, notwithstanding section 194(10) of such Act, that are--

    Struck: (1) carried out by public agencies or private nonprofit entities, including community-based organizations;

    Struck: (2) provided in conjunction with supportive services and other elements described in section 129(c)(2) of such Act;

    Struck: (3) aligned with the activities described in subsection (e)(3) of section 26001; and

    Struck: (4) designed to prepare participants for--

    Struck: (A) high-quality, unsubsidized employment opportunities in industry sectors or occupations related to climate resilience or mitigation;

    Struck: (B) enrollment in an institution of higher education (as defined in section 101 or 102(c) of the Higher Education Act of 1965); and

    Struck: (C) registered apprenticeship programs.

    Struck: (f) Department of Labor Inspector General.--In addition to amounts otherwise available, there is appropriated to the Office of Inspector General of the Department of Labor for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $10,000,000, to remain available until expended, for salaries and expenses necessary for oversight, investigations, and audits of programs, grants, and projects of the Department of Labor funded under this section.

    Struck: (g) Administration.--

    Struck: (1) In general.--In addition to amounts otherwise available, there is appropriated to the Department of Labor for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $69,800,000, to remain available until September 30, 2029, for program administration within the Department of Labor for salaries and expenses necessary to implement this section.

    Struck: (2) Plan.--In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to the Department of Labor, $200,000, to remain available until September 30, 2023, which shall be used by the Secretary to--

    Struck: (A) develop, publish, and implement, not later than 180 days after the date of enactment of this Act, a project, operations, and management plan for funds appropriated under this section; and

    Struck: (B) consult with the Chief Executive Officer of the Corporation for National and Community Service in developing the plan under subparagraph (A).

    Struck: (h) Definition.--For purposes of this section:

    Struck: (1) Climate-related nontraditional apprenticeship occupation.--The term "climate-related nontraditional apprenticeship occupation" means an apprenticeable occupation--

    Struck: (A) that aligns with the activities described in subsection (e)(3) of section 26001;

    Struck: (B) in an industry sector that trains less than 10 percent of all civilian registered apprentices as of the date of the enactment of this Act; and

    Struck: (C) that is related to climate resilience or mitigation.

    Struck: (2) Registered apprenticeship program.-- The term "registered apprenticeship program" means an apprenticeship program registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor, or a State apprenticeship agency recognized by the Office of Apprenticeship, pursuant to the Act of August 16, 1937 (commonly known as the "National Apprenticeship Act"; 50 Stat. 664, chapter 663).

    Struck: (3) Wioa definitions.--The terms "community-based organization", "individual with a barrier to employment", "in-school youth", "outlying area", and "out-of-school youth" have the meanings given such terms in paragraphs (10), (24), (27), (45), and (46), respectively, of section 3 of the Workforce Innovation and Opportunity Act.

    Original wording

    In title II of the bill, strike subtitle G (relating to National Service and Workforce Development in Support of Climate Resilience and Mitigation).

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 5397. Mr. HOEVEN submitted an amendment intended to be proposed by him to the bill H.R. 5376, to provide for reconciliation pursuant to title II of S. Con. Res. 14; which was ordered to lie on the table; as follows:

In title II of the bill, strike subtitle G (relating to National Service and Workforce Development in Support of Climate Resilience and Mitigation).

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Senate amendment submitted

August 6, 2022