I
110th CONGRESS
2d Session
H. R. 5563
IN THE HOUSE OF REPRESENTATIVES
March 10, 2008
Mrs. McCarthy of New York (for herself, Mr. George Miller of California, Mr. Platts, Mr. Shays, Mr. Holt, Ms. Woolsey, Ms. Matsui, Mr. Jefferson, Mr. Klein of Florida, Mr. Courtney, Mr. Sestak, and Ms. Shea-Porter) introduced the following bill; which was referred to the Committee on Education and Labor
A BILL
To reauthorize and reform the national service laws.
Short title; table of contents
Short Title
This Act may be cited as the Generations Invigorating Volunteerism and Education
Act
or the GIVE
Act
.
Table of Contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Title I—AMENDMENTS TO NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 1001. References.
Subtitle A—Amendments to Subtitle
A (General Provisions)Sec. 1101. Purposes; sense of Congress.
Sec. 1102. Definitions.
Subtitle B—Amendments to Subtitle
B (Service-Learning)Sec. 1201. School-based allotments.
Sec. 1202. Higher education provisions.
Sec. 1203. Innovative programs and research.
Subtitle C—Amendments to Subtitle
C (National Service Trust Program)Sec. 1301. Prohibition on grants to Federal agencies; limits on Corporation costs.
Sec. 1302. E–Corps and technical amendments to types of programs.
Sec. 1303. Types of positions.
Sec. 1304. Conforming repeal relating to training and technical assistance.
Sec. 1305. Assistance to State Commissions; challenge grants.
Sec. 1306. Allocation of assistance to States and other eligible entities.
Sec. 1307. Additional authority.
Sec. 1308. State selection of programs.
Sec. 1308A. National service program assistance requirements.
Sec. 1309. Consideration of applications.
Sec. 1310. Description of participants.
Sec. 1311. Selection of national service participants.
Sec. 1312. Terms of service.
Sec. 1313. Adjustments to living allowance.
Subtitle D—Amendments to Subtitle
D (National Service Trust and Provision of National Service Educational Awards)Sec. 1401. Availability of funds in the National Service Trust.
Sec. 1402. Individuals eligible to receive a national service educational award from the Trust.
Sec. 1403. Determination of the amount of national service educational awards.
Sec. 1404. Disbursement of educational awards.
Sec. 1405. Process of approval of national service positions.
Sec. 1406. Report on veterans serving in approved national service positions.
Subtitle E—Amendments to Subtitle
E (National Civilian Community Corps)Sec. 1501. Purpose.
Sec. 1502. Program components.
Sec. 1503. Eligible participants.
Sec. 1504. Summer national service program.
Sec. 1505. Team leaders.
Sec. 1506. Training.
Sec. 1507. Consultation with State Commissions.
Sec. 1508. Authorized benefits for Corps members.
Sec. 1509. Permanent cadre.
Sec. 1510. Contract and grant authority.
Sec. 1511. Other departments.
Sec. 1512. Advisory Board.
Sec. 1513. Annual evaluation.
Sec. 1514. Repeal of funding limitation.
Sec. 1515. Definitions.
Sec. 1516. Terminology.
Subtitle F—Amendments to Subtitle
F (Administrative Provisions)Sec. 1601. Family and medical leave.
Sec. 1602. Additional prohibitions on use of funds.
Sec. 1603. Notice, hearing, and grievance procedures.
Sec. 1604. Resolution of displacement complaints.
Sec. 1605. State Commissions on National and Community Service.
Sec. 1606. Evaluation and accountability.
Sec. 1607. Technical amendment.
Sec. 1608. Partnerships with schools.
Sec. 1609. Rights of access, examination, and copying.
Sec. 1610. Additional administrative provisions.
Subtitle G—Amendments to Subtitle
G (Corporation for National and Community Service)Sec. 1701. Terms of office.
Sec. 1702. Board of Directors authorities and duties.
Sec. 1703. Authorities and duties of the Chief Executive Officer.
Sec. 1704. Nonvoting members; personal services contracts.
Sec. 1705. Donated services.
Sec. 1706. Office of Outreach and Recruitment.
Sec. 1707. Study to examine and increase service programs for veterans and veterans participation in programs under the national service laws and to develop pilot program.
Sec. 1708. Coordination with veterans organizations serving veterans with disabilities.
Sec. 1709. Study to examine and increase service programs for displaced workers in services corps and community service and to develop pilot program planning study.
Subtitle H—Amendments to Subtitle
HSec. 1801. Technical amendments to subtitle
H.Sec. 1802. Repeals.
Sec. 1803. Innovative and model program support.
Sec. 1804. Clearinghouses.
Subtitle I—Energy Conservation Corps
Sec. 1811. General authority.
Sec. 1812. Application.
Sec. 1813. Focus of programs.
Sec. 1814. Training and education services.
Sec. 1815. Preference for certain projects.
Sec. 1816. Participants.
Sec. 1817. Use of volunteers.
Sec. 1818. Cooperation among States for emergency response.
Sec. 1819. Federal share.
Sec. 1820. Best practices.
Sec. 1820A. Authorization of appropriations.
Sec. 1820B. Learn and Serve America.
Sec. 1820C. National Senior Service Corps.
Subtitle J—Training and Technical Assistance
Sec. 1821. Training and technical assistance.
Subtitle K—Repeal of Title
III (Points of Light Foundation)Sec. 1831. Repeal.
Subtitle L—Amendments to Title
V (Authorization of Appropriations)Sec. 1841. Authorization of appropriations.
Title II—AMENDMENTS TO THE DOMESTIC VOLUNTEER SERVICE ACT OF 1973
Sec. 2001. References.
Subtitle A—Amendments to Title
I (National Volunteer Antipoverty Programs)Sec. 2101. Purpose.
Sec. 2102. Purpose of the VISTA program.
Sec. 2103. Applications.
Sec. 2104. VISTA programs of national significance.
Sec. 2105. Terms and periods of service.
Sec. 2106. Support Service.
Sec. 2107. Sections repealed.
Sec. 2108. Conforming amendment.
Sec. 2109. Financial assistance.
Subtitle B—Amendments to Title
II (National Senior Volunteer Corps)Sec. 2201. Change in name.
Sec. 2202. Purpose.
Sec. 2203. Grants and contracts for volunteer service projects.
Sec. 2204. Foster Grandparent Program grants.
Sec. 2205. Senior Companion Program grants.
Sec. 2206. Promotion of National Senior Service Corps.
Sec. 2207. Technical amendments.
Sec. 2208. Programs of national significance.
Sec. 2209. Additional provisions.
Sec. 2210. Authority of Director.
Subtitle C—Amendments to Title
IV (Administration and Coordination)Sec. 2301. Nondisplacement.
Sec. 2302. Notice and hearing procedures.
Sec. 2303. Definitions.
Sec. 2304. Protection against improper use.
Subtitle D—Amendments to Title
V (Authorization of Appropriations)Sec. 2401. Authorization of appropriations for VISTA and other purposes.
Sec. 2402. Authorization of appropriations for National Senior Service Corps.
Sec. 2403. Administration and coordination.
Title III—AMENDMENTS TO OTHER LAWS
Sec. 3101. Inspector General Act of 1978.
Title IV—TECHNICAL AMENDMENTS TO TABLES OF CONTENTS
Sec. 4101. Table of contents for the National and Community Service Act of 1990.
Sec. 4102. Table of contents for the Domestic Volunteer Service Act of 1973.
Title V—EFFECTIVE DATE
Sec. 5101. Effective date.
Sec. 5102. Service assignments and agreements.
Title VI—Congressional Commission on Civic Service
Sec. 6101. Short title.
Sec. 6102. Findings.
Sec. 6103. Establishment.
Sec. 6104. Duties.
Sec. 6105. Membership.
Sec. 6106. Director and Staff of Commission; Experts and Consultants.
Sec. 6107. Powers of Commission.
Sec. 6108. Reports.
Sec. 6109. Termination.
Title VII—Sense of Congress
Sec. 7101. Sense of Congress.
Title VIII—Sense of Congress
Sec. 8101. Sense of Congress.
AMENDMENTS TO NATIONAL AND COMMUNITY SERVICE ACT OF 1990
References
Except as otherwise specifically provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the reference shall be considered to be made to a provision of the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.).
Amendments to Subtitle A (General Provisions)
Purposes; sense of Congress
Purposes
Section 2(b) (42 U.S.C. 12501(b)) is amended—
in paragraph (2),
by striking community throughout
and inserting community
and service throughout the varied and diverse communities of
;
in paragraph (4),
by inserting after income,
the following: geographic
location,
;
in paragraph (6),
by inserting after existing
the following:
national
;
in paragraph (7)—
by striking
programs and agencies
and inserting programs, agencies,
and communities
; and
by striking
and
at the end;
in paragraph (8), by striking the period and inserting a semicolon; and
by adding at the end the following:
expand and strengthen service-learning programs through year-round opportunities, including 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 to children and youth throughout the United States;
assist in coordinating and strengthening Federal and other citizen service opportunities, including opportunities for participation in emergency and disaster preparedness, relief, and recovery;
increase service opportunities for our Nation’s retiring professionals, including such opportunities for those retiring from the science, technical, engineering, and mathematics professions to improve the education of our Nation’s youth and keep America competitive in the global knowledge economy, and to further utilize the experience, knowledge, and skills of older Americans;
encourage the continued service of the alumni of the national service programs, including service in times of national need; and
encourage members of the Baby Boom generation to partake in service opportunities.
.
Sense of Congress
The Act is amended by inserting after section 2 the following:
Sense of Congress
It is the sense of Congress that the number of participants in the AmeriCorps programs, including the Volunteers in Service to America (VISTA) and the National Civilian Community Corps (NCCC), should grow to reach 100,000 participants by 2012.
.
Definitions
Section 101 (42 U.S.C. 12511) is amended—
by redesignating—
paragraphs (21) through (29) as paragraphs (28) through (36), respectively;
paragraphs (9) through (20) as paragraphs (15) through (26), respectively;
paragraphs (7) and (8) as paragraphs (10) and (11), respectively; and
paragraphs (3) through (6) as paragraphs (5) through (8), respectively;
by inserting after paragraph (2) the following:
Approved summer of service position
The term approved summer of service position means a position in a program described under section 118(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.
Baby Boom generation
The term Baby Boom generation means the generation that consists of individuals born during the period beginning with 1946 and ending with 1964.
;
in paragraph (5)
(as so redesignated), by striking described in section
122
;
in paragraph (7)
(as so redesignated), by striking church or other
;
by inserting after paragraph (8) (as so redesignated) the following:
Disadvantaged youth
The term disadvantaged youth includes those youth who are economically disadvantaged and one or more of the following:
Who are out-of-school youth, including out-of-school youth who are unemployed.
Who are in or aging out of foster care.
Who have limited English proficiency.
Who are homeless or who have run away from home.
Who are at-risk to leave school without a diploma.
Who are former juvenile offenders or at risk of delinquency.
;
by inserting after paragraph (11) (as so redesignated) the following:
Grantmaking entity
The term grantmaking entity means a public or private nonprofit organization that—
has experience with service-learning or with meeting unmet human, educational, environmental, or public safety needs;
was in existence at least one year before the date on which the organization submitted an application under the national service laws; and
meets other such criteria as the Chief Executive Officer may establish.
Hispanic-serving institution
The term Hispanic-serving institution has the meaning given the term in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)).
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. 1101a(a)).
;
in paragraph (19)
(as so redesignated), by striking section 101(a) of the
Higher Education Act of 1965
and inserting sections 101(a) and 102(a)(1) of the
Higher Education Act of
1965
;
in paragraph
(23)(B) (as so redesignated), by striking program in which the
participant is enrolled
and inserting organization receiving
assistance under the national service laws through which the participant is
enrolled in an approved national service position
;
by inserting after paragraph (26) (as so redesignated) the following:
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.
;
in paragraph (28)(B) (as so redesignated)—
by striking
602
and inserting 602(3)
; and
by striking
1401
and inserting 1401(3)
; and
by adding at the end the following:
Tribally controlled college or university
The term tribally controlled college or university has the meaning given in section 2 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801).
.
Amendments to Subtitle B (Service-Learning)
School-based allotments
Part I of subtitle B of title I (42 U.S.C. 12521 et seq.) is amended to read as follows:
PROGRAMS FOR ELEMENTARY AND SECONDARY STUDENTS
Assistance to States, Territories, and Indian tribes
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—
planning and building the capacity within the State, Territory, or Indian tribe to implement service-learning programs that are based principally in elementary and secondary schools, including—
providing training for teachers, supervisors, personnel from community-based agencies (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;
developing service-learning curricula, consistent with State or local academic content standards, to be integrated into academic programs, including an age-appropriate learning component that provides participants an opportunity to analyze and apply their service experiences;
forming local partnerships described in paragraph (2) or (4) to develop school-based service-learning programs in accordance with this part;
devising appropriate methods for research and evaluation of the educational value of service-learning and the effect of service-learning activities on communities;
establishing effective outreach and dissemination of information to ensure the broadest possible involvement of community-based agencies with demonstrated effectiveness in working with school-age youth in their communities; and
establishing effective outreach and dissemination of information to ensure the broadest possible participation of schools throughout the State, with particular attention to schools identified for school improvement under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.);
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 of Federal funds by State educational agencies, Territories, and Indian tribes made available under this part to projects operated by local partnerships among—
local educational agencies; and
1 or more community partners that—
shall include a public or private nonprofit organization that—
has a demonstrated expertise in the provision of services to meet unmet human, education, environmental, or public safety needs;
will make projects available for participants, who shall be students; and
was in existence at least 1 year before the date on which the organization submitted an application under section 113; and
may include a private for-profit business, private elementary 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);
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—
the salaries and benefits of service-learning coordinators; or
the recruitment, training, supervision, and placement of service-learning coordinators who may be participants in a program under subtitle C or receive a national service educational award 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),
implementing, operating, or expanding school-based service-learning programs to utilize adult volunteers in service-learning 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—
local educational agencies;
Indian tribes (except that an Indian tribe distributing funds under this paragraph is not eligible to be a recipient of those funds);
public or private nonprofit organizations; or
partnerships or combinations of local educational agencies and entities described in subparagraph (B) or (C).
Programs To encourage civic engagement in service learning
In general
From funds appropriated under section 501(a)(1), and without regard to section 112(b), the Corporation shall reserve up to 3 percent for competitive grants to partnerships described in subsection (a)(2) for the development of service-learning programs that promote greater civic engagement among elementary and secondary school students.
Application
To be eligible to receive a grant under this subsection, a partnership shall submit an application at such time, in such manner, and containing such information as the Corporation may require.
Activities
Partnerships receiving grants under this subsection shall use funds to develop service-learning curricula that—
promote a better understanding of the principles of the Constitution of the United States, the heroes of American history (including military heroes), and the meaning of the Oath of Allegiance;
promote a better understanding of how the Nation’s government functions; and
promote a better understanding of the importance of service in the Nation’s character.
Duties of Service-Learning Coordinator
A service-learning coordinator referred to in paragraph (2), (3), or (5) of subsection (a) shall provide services that may include—
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;
assisting local partnerships described in subsection (a) in the planning, development, and execution of service-learning projects, including summer of service programs; and
carrying out such other duties as the recipient of assistance under this part may determine to be appropriate.
Related Expenses
An entity that receives financial assistance under this part 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.
Allotments
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.
Allotments Through States
After reserving the amount under subsection (a), the Corporation shall use the remainder of the funds appropriated to carry out this part for any fiscal year as follows:
Allotments
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 of all States.
Allocation 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. 6311 et seq.) or its successor authority bears to such allocations to all States.
Definition
Notwithstanding section 101, for purposes of this subsection, the term State means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.
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 grantmaking entities to carry out service-learning programs as described in section 111(a) in such State, Territory, or Indian tribe. After grantmaking entities apply for the allotment with 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.
Minimum amount
For any fiscal year for which amounts appropriated for this part exceed $43,000,000, the minimum allotment to each State (as defined in section 112(b)(2)) under this section shall be $65,000.
Applications
In general
To be eligible to receive an allotment under section 112, a State, acting through the State educational agency, Territory, or Indian tribe shall prepare, submit to the Corporation, and obtain approval of, an application at such time and in such manner as the Chief Executive Officer may reasonably require.
Contents
An application for an allotment under this part shall include—
a proposal for a 3-year plan promoting service-learning, 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;
information about the criteria the State educational agency, Territory, or Indian tribe will use to evaluate and grant approval to applications submitted under subsection (c), including an assurance that the State educational agency, Territory, or Indian tribe will comply with the requirement in section 114(a);
information about the applicant’s efforts to—
ensure that students of different ages, races, sexes, ethnic groups, disabilities, and economic backgrounds have opportunities to serve together;
include any opportunities for students enrolled in schools or other 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;
involve participants in the design and operation of the program;
promote service-learning in areas of greatest need, including low-income or rural areas; and
otherwise integrate service opportunities into the academic program of the participants; and
assurances that the applicant will comply with the nonduplication and nondisplacement requirements of section 177 and the grievance procedures required by section 176.
Application to State, Territory, or Indian tribe To receive assistance To carry out school-based service-learning programs
In general
Any—
qualified organization, Indian tribe, Territory, local educational agency, for-profit business, private elementary, middle, 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 111(a)(1);
partnership described in section 111(a)(2) that desires to receive such assistance from a State, Territory, or Indian tribe or grantmaking entity described in section 111(a)(2);
entity described in section 111(a)(3) that desires to receive such assistance from a State, Territory, or Indian tribe for an activity described in such section;
partnership described in section 111(a)(4) that desires to receive such assistance from a State, Territory, or Indian tribe for an activity described in such section; and
agency or partnership described in section 118(c)(8) that desires to receive such assistance, or approved summer of service positions, from a State, Territory, or Indian tribe for an activity described in such section to be carried out through a service-learning program described in section 111,
Submission
Such application shall be submitted at such time and in such manner, and shall contain such information, as the agency, Territory, Indian tribe, or entity may reasonably require.
Consideration of applications
Priority
In considering competitive applications under this part, the Corporation shall give priority to innovation, sustainability, capacity building, involvement of disadvantaged youth, and quality of programs, as well as other criteria approved by the Chief Executive Officer.
Rejection of applications
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 opportunity 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.
Participation of students and teachers from private schools
In General
To the extent consistent with the number of students in the State, Territory, or Indian tribe or in the school district of the local educational agency involved who are enrolled in private nonprofit elementary and secondary schools, such State, Territory, Indian tribe, or agency shall (after consultation with appropriate private school representatives) make provision—
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
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.
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. Such waivers shall be subject to the requirements of sections 9503 and 9504 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7883 and 7884).
Federal, State, and local contributions
Federal Share
In general
The Federal share of the cost of carrying out a program for which assistance is provided under this part—
for new grants, may not exceed 80 percent of the total cost for the first year of the grant, 65 percent for the second year, and 50 percent for each remaining year; and
for continuing grants, may not exceed 50 percent of the total cost of the program.
Non-federal contribution
In providing for the remaining share of the cost of carrying out such a program, each recipient of assistance under this part—
shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services; and
may provide for such share through State sources or local sources, including private funds or donated services.
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 if the Corporation determines that such a waiver would be equitable due to a lack of available financial resources at the local level.
Limitations on uses of funds
Not more than 6 percent of the amount of assistance received by an applicant in a fiscal year may be used to pay, in accordance with such standards as the Corporation may issue, for administrative costs, incurred by—
the original recipient; or
the entity carrying out the service-learning program supported with the assistance.
.
Higher education provisions
Section 119 (42 U.S.C. 12561) is redesignated as section 117 and amended—
in subsection (a), by inserting after
community service programs
the following: through
service-learning
;
in subsection (b)—
in the matter
preceding paragraph (1), by striking combination
and inserting
consortia
;
in paragraph (1)—
in subparagraph
(A), by striking and
at the end;
in subparagraph
(B), by adding and
at the end; and
by adding at the end the following:
may coordinate with service-learning curricula being offered in the academic curricula at the institution of higher education or at one or more members of the consortia;
;
in subsection (b)(3)—
in the matter
preceding subparagraph (A), by striking teachers at the elementary,
secondary, and postsecondary levels
and inserting institutions
of higher education and their faculty
;
in subparagraph
(A), by striking education of the institution; and
and inserting
curricula of the institution to strengthen the instructional capacity of
service-learning at the elementary and secondary levels;
;
by redesignating subparagraph (B) as subparagraph (E); and
by inserting after subparagraph (A) the following:
including service-learning as a key component of the health professionals curricula, including nursing, pre-medicine, medicine, and dentistry curricula of the institution;
including service-learning as a key component of the criminal justice professionals curricula of the institution;
including service-learning as a key component of the public policy and public administration curricula of the institution; and
;
by striking subsections (c), (d), (e), and (g);
by redesignating subsection (f) as (i); and
by inserting after subsection (b) the following:
Special Consideration
To the extent practicable, the Corporation shall give special consideration to applications submitted by predominantly Black institutions, Historically Black Colleges and Universities, Hispanic-serving institutions, Tribal Colleges and Universities, and community colleges serving predominantly minority populations.
Federal, State, and Local Contributions
Federal share
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.
Non-federal contribution
In providing for the remaining share of the cost of carrying out such a program, each recipient of a grant under this part—
shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services; and
may provide for such share through State sources or local sources, including private funds or donated services.
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.
Application for Grant
Submission
To receive a grant or enter into a contract under this part, an applicant shall prepare, submit to the Corporation, and obtain approval of, an application at such time, in such manner, and containing such information and assurances as the Corporation may reasonably require. In requesting applications for assistance under this part, the Corporation shall specify such required information and assurances.
Contents
An application submitted under paragraph (1) shall contain, at a minimum—
assurances that—
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
the applicant will comply with the nonduplication and nondisplacement provisions of section 177 and the grievance procedures required by section 176; and
such other assurances as the Chief Executive Officer may reasonably require.
Priority
In making grants and entering into contracts under subsection (b), the Corporation shall give priority to applicants or institutions that submit applications containing proposals that—
demonstrate the commitment of the institution of higher education, other than by demonstrating the commitment of the students, to supporting the community service projects carried out under the program;
specify the manner in which the institution will promote faculty, administration, and staff participation in the community service projects;
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;
describe any partnership that will participate in the community service projects, such as a partnership comprised of—
the institution;
a community-based agency;
a local government agency; or
a non-profit entity that serves or involves school-age youth, older adults, or low-income communities; and
a student organization;
a department of the institution; or
a group of faculty comprised of different departments, schools, or colleges at the institution;
demonstrate community involvement in the development of the proposal;
describe research on effective strategies and methods to improve service utilized in the design of the project;
specify that the institution will use such assistance to strengthen the service infrastructure in institutions of higher education; or
with respect to projects involving delivery of services, specify projects that involve leadership development of school aged youth.
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.
Federal Work-Study
To be eligible for assistance under this part, an institution of higher education must demonstrate that it meets the minimum requirements under section 443(b)(2)(B) of the Higher Education Act of 1965 (42 U.S.C. 2753(b)(2)(B)) relating to the participation of Federal Work-Study students in community service activities, or has received a waiver of those requirements from the Secretary of Education.
.
Innovative programs and research
Subtitle B of title I (42 U.S.C. 12521 et seq.) is further amended by adding after part II the following new part:
INNOVATIVE SERVICE–LEARNING PROGRAMS AND RESEARCH
Innovative demonstration service-learning programs and research
In general
From the amounts appropriated to carry out this part for a fiscal year, the Corporation may make grants and fixed amount grants under subsection (f) with eligible entities for activities described in subsection (c).
Eligible entities defined
For purposes of this part, the term eligible entity means a State education agency, a State commission, a Territory, an Indian tribe, an institution of higher education, or a public or private nonprofit organization (including grant-making entities), a public or private elementary or secondary school, a local educational agency, or a consortia of such entities, where a consortia of two or more such entities may also include a for-profit organization.
Authorized activities
Funds under this part may be used to—
integrate service-learning programs into the science, technology, engineering, and mathematics (STEM) curricula at the elementary, secondary, or post-secondary, and post-baccalaureate levels in coordination with practicing or retired STEM professionals;
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;
involve students in service-learning projects in emergency and disaster preparedness;
involve students in service-learning projects aimed at improving access to and obtaining the benefits from computers and other emerging technologies, including in low income or rural communities, in senior centers and communities, in schools, in libraries, and in other public spaces;
involve high school age youth in the mentoring of middle school youth while involving all participants in service-learning to seek to meet unmet human, educational, environmental, public safety, or emergency disaster preparedness needs in their community;
conduct research and evaluations on service-learning, including service-learning in middle schools, and disseminate such research and evaluations widely;
conduct innovative and creative activities as described in section 111(a);
establish or implement summer of service programs during the summer months, including the cost of recruitment, training, and placement of service-learning coordinators—
for youth who will be enrolled in any grade from grade 6 through grade 12 at the end of the summer concerned;
for community-based service-learning projects that—
shall—
meet unmet human, educational, environmental (including energy conservation and stewardship), emergency and disaster preparedness, and public service needs; and
be intensive, structured, supervised, and designed to produce identifiable improvements to the community; and
may include the extension of academic year service-learning programs into the summer months;
under which any student who completes 100 hours of service in an approved summer of service position, as certified through a process determined by the Corporation through regulations consistent with section 138(f), shall be eligible for a summer of service educational award of not more than $500 (or, at the discretion of the Chief Executive Officer, not more than $1,000 in the case of a participant who is economically disadvantaged) from funds deposited in the National Service Trust and distributed by the Corporation as described in section 148; and
subject to the limitation that a student may not receive more than 2 summer of service educational awards from funds deposited in the National Service Trust; and
carry out any other innovative service-learning programs or research that the Corporation considers appropriate.
Priority
Priority shall be given to programs that—
involve students and community stakeholders in the design and implementation of the service-learning program;
implement service-learning programs in low-income or rural communities; and
utilize adult volunteers, including tapping the resource of retired and retiring adults, in the planning and implementation of the service-learning programs.
Requirements
Three-year term
Each program funded under this part shall be carried out over a period of three years, including one planning year and two additional grant years, with a 1-year extension possible, if the program meets performance measures developed in accordance with section 179(a) and any other criteria determined by the Corporation.
Collaboration encouraged
Each program funded under this part is encouraged to collaborate with other Learn and Serve programs, AmeriCorps, VISTA, and the National Senior Service Corps.
Evaluation
Upon completion of the program, the Corporation shall conduct an independent evaluation of the program and widely disseminate the results to the service community through multiple channels, including the Corporation’s Resource Center or a clearinghouse of effective strategies and recommendations for improvement.
Fixed amount grants
General
For purposes of subsection (a), and subject to the limitations in this subsection, the Corporation may, upon making a determination described in paragraph (2), approve a fixed amount grant that is not subject to the Office of Management and Budget cost principles and related financial recordkeeping requirements.
Determination
Before approving a fixed amount grant, the Corporation must determine that—
the reasonable and necessary costs of carrying out the terms of the grant significantly exceed the amount of assistance provided by the Corporation; or
based on the nature or design of the grant, any assistance provided by the Corporation can be reasonably presumed to be expended on reasonable and necessary costs.
Matching funds
In general
The Federal share of the cost of carrying out a program for which a grant is made under this part may not exceed 75 percent of the total cost of the program in the first year of the grant and 50 percent of the total cost of the program in the remaining years of the grant, including if the grant is extended for a fourth year.
Non-federal contribution
In providing for the remaining share of the cost of carrying out such a program, each recipient of a grant under this part—
shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services; and
may provide for such share through State sources or local sources, including private funds or donated services.
Applications
To be eligible to carry out a program under this part, an entity shall prepare, submit to the Corporation, and obtain approval of, an application at such time and in such manner as the Chief Executive Officer may reasonably require.
.
Amendments to Subtitle C (National Service Trust Program)
Prohibition on grants to Federal agencies; limits on Corporation costs
Section 121 (42 U.S.C. 12571) is amended—
in
subsection (a), in the matter preceding paragraph (1), by inserting after
subdivisions of States,
the following:
Territories,
;
in subsection (b)—
in the heading, by
striking Agreements With
Federal Agencies
and inserting Restrictions on Agreements With Federal
Agencies
;
in paragraph (1)—
in
the first sentence by striking by the agency.
and inserting
by the agency, including programs under the Public Lands Corps and Urban
Youth Corps as described in section 122(a)(2).
; and
by striking the second sentence;
by striking paragraph (2) and inserting the following:
Prohibition on grants
The Corporation may not provide a grant under this section to a Federal agency.
; and
in paragraph (3)—
by
striking receiving assistance under this subsection
and
inserting operating a national service program
; and
by
striking using such assistance
;
in subsection
(c)(2)(B), by striking to be provided
and inserting to be
provided or otherwise approved
;
in subsection (d)—
in the subsection
heading, by striking Five
and inserting Six
; and
in paragraph (1),
by striking 5 percent
and inserting 6 percent
;
and
in subsection (e)—
in paragraph (1)—
by
striking section 140
and inserting paragraph
(2)
;
by striking
Federal share of the cost
and inserting Corporation share
of the cost, including member living allowances, employment-related taxes,
health care coverage, and worker's compensation and other necessary operation
costs,
;
by
striking may not exceed 75 percent of such cost.
and inserting
may not exceed—
; and
by adding at the end the following:
for the first three years in which the recipient receives such assistance, 76 percent of such cost;
for the fourth through ninth years in which the recipient receives such assistance, a decreasing share of such cost between 76 percent and 50 percent, as established by the Corporation in regulation; and
for the tenth year (and each year thereafter) in which the recipient receives such assistance, 50 percent of such cost.
;
by striking paragraph (3);
by redesignating paragraph (2) as paragraph (3); and
by inserting after paragraph (1) the following:
Alternative Corporation share for programs in rural or severely economically distressed communities
Upon approval by the Corporation, the Corporation share of the cost, including member living allowances, employment-related taxes, health care coverage, and worker’s compensation, of carrying out a national service program that receives assistance under subsection (a) and that is located in a rural or severely economically distressed community may not exceed—
for the first six years in which the recipient receives such assistance, 76 percent of such cost;
for the seventh through ninth years in which the recipient receives such assistance, a decreasing share of such cost between 76 and 65 percent as established by the Corporation in regulation; and
for the tenth year (and each year thereafter) in which the recipient receives such assistance, 65 percent of such cost.
;
in paragraph (3)
(as so redesignated), in subparagraph (B), by inserting after other
Federal sources
the following: including funds authorized under
Youthbuild (section 173A of the Workforce Investment Act of 1998 (29 U.S.C.
2918a))
; and
by adding at the end the following:
Other Federal funds
Recipient report
A recipient of assistance under section 121 shall report to the Corporation the amount and source of any Federal funds used to carry out the program other than those provided by the Corporation.
Corporation report
The Corporation shall report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate on an annual basis information regarding each recipient that uses Federal funds other than those provided by the Corporation to carry out the program, including amounts and sources of other Federal funds.
.
E–Corps and technical amendments to types of programs
Section 122 (42 U.S.C. 12572) is amended—
in subsection (a)—
in the matter
preceding paragraph (1), by striking subsection (b)(1)
and
inserting subsection (c)(1)
;
in paragraph (2)—
in
subparagraph (A), by striking including
and all that follows
through the semicolon at the end and inserting including projects
involving urban renewal, sustaining natural resources, or improving human
services;
;
in
subparagraph (B), by striking including
and inserting and
at least 50 percent of whom are
; and
in
subparagraph (C)(i), by inserting , including mentoring
before
the semicolon;
in paragraph (6)—
in
subparagraph (B), by striking ; or
and inserting a
semicolon;
in
subparagraph (C), by striking the period and inserting ; or
;
and
by adding at the end the following:
students participating in service-learning programs at an institution of higher education.
;
in paragraph
(7)(A), by inserting , including elementary and secondary education, and
other professions such as those in health care, criminal justice, environmental
stewardship and conservation, or public safety
before the
semicolon;
in paragraph (8)(C), by striking
nonprofit
;
in paragraph (9), by striking
between the ages of 16 and 24
and inserting between the
ages of 16 and 25
;
in paragraph (10), by striking
gifted young adults
and all that follows through the period at
the end and inserting
school-age youth and young adults of all backgrounds, including gifted youth, along with established successful entrepreneurs of all backgrounds and professions from the community in which the program exists to—
train the participants in utilizing problem-solving, entrepreneurship, and communication skills to design solutions to community problems; and
collaborate with stakeholders in the communities to implement the solutions devised by the participants in subparagraph (A).
;
in paragraph
(12)(A), by striking learning and recreation
and inserting
learning, recreation, and mentoring
;
in paragraph (13), by striking and
to combat rural poverty, including
and inserting , including the
issues of rural poverty,
;
by redesignating paragraph (15) as paragraph (19); and
by inserting after paragraph (14) the following:
An E–Corps program that involves participants who provide services in a community by developing and assisting in carrying out technology programs which seek to increase access to technology and the benefits thereof in such community.
A program that engages citizens in public safety, public health, and emergency and disaster preparedness, and may include the recruitment and placing of qualified participants in positions to be trainees as law enforcement officers, firefighters, search and rescue personnel, and emergency medical service workers, and may engage Federal, State, and local stakeholders in collaboration to organize more effective responses to issues of public safety and public health, emergencies, and disasters.
A program, initiative, or partnership that seeks to expand the number of mentors for youths (including by recruiting high-school and college-aged individuals to enter into mentoring relationships), including mentors for disadvantaged youths, either through provision of direct mentoring services, provision of supportive services to direct mentoring service organizations (in the case of a partnership), or through the creative utilization of current and emerging technologies to connect youth with mentors.
A program that has the primary purpose of re-engaging court-involved youth and adults with the goal of reducing recidivism.
;
by redesignating subsections (b) and (c) as (c) and (d), respectively;
by inserting after subsection (a) the following:
Innovative programs To meet the needs of veterans
In general
From funds appropriated under section 501(a)(2), the Corporation shall reserve up to 3 percent for competitive grants to eligible recipients under subsection (a) for the development, either directly or through subgrants to other entities, of innovative initiatives to address the unique needs of veterans.
Application
To be eligible to receive a grant under this subsection, an entity described in paragraph (1) shall submit an application at such time, in such manner, and containing such information as the Corporation may require.
Activities
Entities receiving grants under this subsection shall use funds to develop initiatives that—
recruit veterans, particularly returning veterans, into service opportunities;
promote community-based efforts to meet the unique needs of military families while a member of the family is deployed; and
promote community-based efforts to meet the unique needs of military families when a member of the family returns from a deployment.
;
in subsection (c)
(as so redesignated), in paragraph (4), by inserting after out-of-school
youths,
the following: disadvantaged youths,
;
in subsection (d) (as so redesignated), in paragraph (1)—
in subparagraph
(A), by striking subsection (b) or (d) of
; and
by adding at the end the following new subparagraph:
Priority for veterans
Priorities established under subparagraphs (A) and (B) shall include priorities for programs that—
recruit veterans, particularly returning veterans, into service opportunities;
promote community-based efforts to meet the unique needs of military families while a member of the family is deployed; and
promote community-based efforts to meet the unique needs of military families when a member of the family returns from a deployment.
; and
by adding at the end the following:
Requirements for tutors
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 or secondary school students certifies that individuals serving in approved national service positions as tutors in such program have—
either—
obtained their high school diploma; or
passed a proficiency test demonstrating that such individuals have the skills necessary to achieve program goals; and
have successfully completed pre- and in-service training for tutors.
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 or secondary school and is providing tutoring services through a structured, school-managed cross-grade tutoring program.
Requirements for tutoring programs
Each tutoring program that receives assistance under the national service laws shall—
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
offer high quality, research-based pre- and in-service training for tutors.
Citizenship training
The Corporation shall establish requirements for recipients of assistance under the national service laws relating to the promotion of citizenship and civic engagement, that are consistent with the principles on which citizenship programs administered by U.S. Citizenship and Immigration Services are based, among individuals enrolled in approved national service positions and approved summer of service positions.
.
Types of positions
Section 123 (42 U.S.C. 12573) is amended—
in paragraph
(2)(A) by inserting after subdivision of a State,
the following:
a Territory,
; and
in paragraph (5)
by inserting National
before Civilian Community
Corps
.
Conforming repeal relating to training and technical assistance
Section 125 (42 U.S.C. 1257) is repealed.
Assistance to State Commissions; challenge grants
Section 126 (42 U.S.C. 12576) is amended—
in subsection (a)—
in paragraph (1),
by striking $125,000 and $750,000
and inserting $200,000
and $825,000
; and
by striking paragraph (2) and inserting the following:
Matching requirement
In making grants to a State under this subsection, the Corporation shall require the State to provide matching funds of $1 from non-Federal sources for every $1 provided by the Corporation.
Alternative
Notwithstanding paragraph (2), the Chief Executive Officer may permit a State that demonstrates hardship or a new State Commission to use an alternative match as follows:
First $100,000
For the first $100,000 of grant amounts provided by the Corporation, a State shall not be required to provide matching funds.
Amounts greater than $100,000
For grant amounts of more than $100,000 and not exceeding $200,000 provided by the Corporation, a State shall provide $1 from non-Federal sources for every $2 provided by the Corporation.
Amounts greater than $200,000
For grant amounts of more than $200,000 provided by the Corporation, a State shall provide $1 from non-Federal sources for every $1 provided by the Corporation.
; and
in subsection (c)—
in paragraph (1),
by striking to national service programs that receive assistance under
section 121
and inserting to programs supported under the
national service laws
; and
by striking paragraph (3) and inserting the following:
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, grants under this subsection may provide not more than $1 of assistance 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 as matching funds 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.
.
Allocation of assistance to States and other eligible entities
Section 129 (42 U.S.C. 12581) is amended to read as follows:
Provision of assistance and approved national service positions
1–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 amount allotted as a grant to each such Territory under this subsection for a fiscal year shall be equal to the 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 such Territories.
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.
Allotment for competitive grants
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 up to 62.7 percent for grants awarded on a competitive basis to States for national service programs and to nonprofit organizations seeking to operate a national service program in 2 or more States.
Allotment to Certain States on Formula Basis
Grants
Of the funds allocated by the Corporation for provision of assistance under subsection (a) of section 121 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.
Allotments
The amount allotted as a grant to each such State under this subsection for a fiscal year shall be equal to the 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).
Minimum amount
Notwithstanding paragraph (2), the minimum grant made available to each State approved by the Corporation under paragraph (1) for each fiscal year must be at least $600,000, or 0.5 percent of the amount allocated for the State formula under this section, whichever is greater.
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—
make grants (and provide approved national service positions in connection with such grants) to other grantmaking entities under section 121 that propose to carry out national service programs in such State or Territory; and
make a reallotment to other States or Territories with approved applications submitted under section 130, to the extent grant-making entities do not apply as described in paragraph (1).
Application Required
The allotment of assistance and approved national service positions to a recipient under this section shall be made by the Corporation only pursuant to an application submitted by a State or other applicant under section 130.
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.
Sponsorship of Approved National Service Positions
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 these approved national service positions shall be made pursuant to the agreement, and the creation of these positions shall not be taken into consideration in determining the number of approved national service positions to be available for distribution under this section.
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.
Reservation of Funds for Special Assistance
From amounts appropriated for a fiscal year pursuant to the authorization of appropriations in section 501(a)(2) 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 section 126.
Reservation of Funds To Increase the Participation of Individuals With Disabilities
From amounts appropriated for a fiscal year pursuant to the authorization of appropriations in section 501(a)(2) and subject to the limitation in such section, the Chief Executive Officer shall reserve an amount that is not less than 1 percent of such amount (except that the amount reserved may not exceed $10,000,000), in order 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.
.
Additional authority
Part II of subtitle C of title I is amended by inserting after section 129 (42 U.S.C. 12581) the following:
Education awards only program
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 under subsection (d), provide operational assistance to programs that receive approved national service positions but do not receive funds under section 121(a).
Limit on Corporation Grant Funds
Operational support under this section may not exceed $600 per individual enrolled in an approved national service position and may reach $800 per individual if the program supports at least 50 percent disadvantaged youth.
Inapplicable Provisions
The following provisions shall not apply to programs funded under this section:
The limitation on administrative costs under section 121(d).
The matching funds requirements under section 121(e).
The living allowance and other benefits under sections 131(e) and section 140 (other than individualized support services for disabled members under section 140(f)).
Fixed amount grants
General
For purposes of subsection (a), and subject to the limitations in this subsection, the Corporation may, upon making a determination described in paragraph (2), approve a fixed amount grant that is not subject to the Office of Management and Budget cost principles and related financial recordkeeping requirements.
Determination
Before approving a fixed amount grant, the Corporation must determine that—
the reasonable and necessary costs of carrying out the terms of the grant significantly exceed the amount of assistance provided by the Corporation; or
based on the nature or design of the grant, any assistance provided by the Corporation can be reasonably presumed to be expended on reasonable and necessary costs.
Pilot authority for member-selected national service positions
Authority
In general
From the amounts appropriated for a fiscal year under this subtitle and consistent with the restriction in subsection (b), the Corporation may provide fixed amount grants on a competitive basis to up to 10 State Commissions to support member-selected approved national service positions.
Limitation
The Corporation shall award grants under paragraph (1) to support not more than 500 approved national service positions among the participating States.
Limits on Corporation grant funds
In general
Grants awarded under subsection (a)(1) shall not exceed $600 per individual enrolled in an approved national service position under this section.
Use of grant funds
Grants received by State Commissions under subsection (a)(1)—
shall not be distributed to organizations receiving participants with approved national service positions under this section; and
may—
be used for oversight activities and mechanisms for the service sites as determined by the State Commission or the Corporation, which may include site visits;
be used for activities to augment the experience of AmeriCorps participants in approved national service positions under this section, including activities to engage such participants in networking opportunities with other AmeriCorps participants; and
be used for recruitment or training activities for participants in approved national service positions under this section.
State Commission application
In general
A State Commission desiring to receive a grant under subsection (a)(1) shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation shall determine appropriate.
Approval
The Corporation shall approve each application under paragraph (1) in accordance with section 130(d).
Selection of participants
Applicants
Participants desiring to receive an approved national service position under this section shall submit an application to the State Commission at such time and in such manner as the State Commission determines appropriate. The application shall contain—
a position description that includes—
the unmet human, educational, public safety, or environmental need or needs that will be met by the participant; and
a description of the activities and responsibilities that will be carried out by the participant;
a description of the organization operating the service site where the applicant intends to complete the service described in subparagraph (A);
a description of the support that will be provided by the organization to the participant to complete the activities described in subparagraph (A);
the evidence of community support for the activities described in subparagraph (A);
a certification from the organization operating the service site that the organization is accepting the participant to perform the service outlined in subparagraph (A);
a certification from the organization operating the service site that the organization satisfies qualification criteria established by the Corporation or the State Commission, including standards relating to organizational capacity, financial management, and programmatic oversight; and
any other information that the Corporation and the State Commission deems necessary.
Residency
A participant may apply for approved national service positions under this section in States other than the State in which the participant resides.
Organization requirements
The Corporation and the State Commissions shall ensure that the organizations receiving participants with approved national service positions under this section—
maintain not more than 5 full-time staff and not more than 5 part-time staff;
are not duplicating service provided by an existing AmeriCorps grantee in the same community;
are located in a community where no Intermediary AmeriCorps grants recipient is operating; and
have not applied to receive assistance under this subtitle.
Failure To comply
If an organization receiving a participant with an approved national service position under this section fails to comply with terms and conditions established by the State Commission and the Corporation—
the organization shall not be eligible to receive such a participant, or receive an AmeriCorps grant under section 121, for not less than 5 years; and
the State Commission shall have the right to remove such a participant from the organization and relocate that individual to another site.
Receipt of financial assistance
An organization that receives participants with approved national service positions under this section shall not be considered a recipient of Federal financial assistance based on receiving such participants.
Definition
For
the purpose of this section, the term Intermediary AmeriCorps grants
recipient
means any organization that serves as a conduit between the
Corporation and other unaffiliated organizations operating service
sites.
.
State selection of programs
Section 130 (42 U.S.C. 12582) is amended—
in subsection (a)—
by inserting after
State,
the following: Territory,
; and
by striking
institution of higher education, or Federal agency
and inserting
or institution of higher education
;
in subsection
(b)(9) by striking section 122(c)
and inserting section
122(d)
;
in subsection (c)—
in paragraph (1)—
by
striking jobs or positions
and inserting proposed
positions
; and
by
striking , including
and all that follows through the period at
the end and inserting a period;
in paragraph (2)
by inserting proposed
before minimum
; and
by adding at the end the following:
In the case of a nonprofit organization operating programs in 2 or more States, a description of the manner and extent to which the State Commissions of each State in which the nonprofit organization intends to operate were consulted and the nature of the consultation.
;
in subsection
(e)(2) by striking were selected
and inserting were or
will be selected
;
in subsection (f)—
in paragraph (1),
by striking a program applicant
and inserting an
applicant
; and
in paragraph (2)—
in
the heading, by striking Program
applicant
and inserting Applicant
;
in
the matter preceding subparagraph (A), by striking program
applicant
and inserting applicant
;
in subparagraph (A)—
by inserting after
subdivision of a State,
the following:
Territory,
; and
by striking
institution of higher education, or Federal agency
and inserting
or institution of higher education
; and
in subparagraph (B)—
by inserting after
subdivision of a State,
the following:
Territory,
; and
by striking institution of higher
education, or Federal agency
and inserting or institution of
higher education
; and
in subsection (g),
by striking the period and inserting or is already receiving financial
assistance from the Corporation.
.
National service program assistance requirements
Section 131(c)(3) (42 U.S.C. 12583(c)(3)) is amended to read as follows:
in the case of a program that is not funded through a State, including programs operated by nonprofit organizations seeking to operate a national service program in 2 or more States—
consult with and coordinate with the State Commission for the State in which the program operates; and
obtain written 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 a program in that State.
.
Consideration of applications
Section 133 (42 U.S.C. 12585) is amended—
in subsection (c)(6), insert after subparagraph (E) the following:
Areas that have a mortgage foreclosure rate greater than the national average mortgage foreclosure rate for the most recent 12 months for which satisfactory data are available.
;
in subsection
(b)(2)(B), by striking jobs or
;
in subsection (c), by redesignating paragraph (8) as paragraph (9) and inserting after paragraph (7) the following:
The extent to which the program generates the involvement of volunteers.
;
in subsection (d), in paragraph (2)—
in the matter
preceding subparagraph (A), strike the Corporation may include—
and insert the Corporation—
; and
by striking subparagraphs (A) through (G) and inserting the following:
shall include national service programs that—
recruit veterans, particularly returning veterans, into service opportunities;
promote community-based efforts to meet the unique needs of military families while a member of the family is deployed; and
promote community-based efforts to meet the unique needs of military families when a member of the family returns from a deployment; and
may include—
national service programs that conform to the national service priorities in effect under section 122(d);
innovative national service programs;
national service programs that are well established in one or more States at the time of the application and are proposed to be expanded to additional States using assistance provided under section 121;
grant programs in support of other national service programs if the grant programs are to be conducted by nonprofit organizations with a demonstrated and extensive expertise in the provision of services to meet human, educational, environmental, or public safety needs; and
professional corps programs described in section 122(a)(8).
; and
by amending subsection (d)(3) to read as follows:
Additional priority
In making a competitive distribution under section 129(c), the Corporation—
shall solicit and consider the view of a State Commission regarding any application for assistance to operate a national service program within the State; and
may give priority to a national service program that is—
proposed in an application submitted by a State Commission; and
not one of the types proposed in paragraph (2),
.
Description of participants
Section 137 (42 U.S.C. 12591) is amended—
in subsection (a)—
by striking paragraph (3); and
by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively;
in subsection (b)—
in paragraph (1),
by striking paragraph (4)
and inserting paragraph
(3)
; and
in paragraph (2),
by striking between the ages of 16 and 25
and inserting a
16-year-old out of school youth or an individual between the ages of 17 and
25
; and
in subsection (c),
by striking (a)(5)
and inserting (a)(4)
.
Selection of national service participants
Section 138 (42 U.S.C. 12592) is amended—
in subsection (a)
by striking conducted by the State
and all that follows through
or other entity
and inserting conducted by the
entity
; and
in
subsection (e)(2)(C) by inserting before the semicolon at the end the
following: , particularly those who were considered at the time of their
service disadvantaged youth
.
Terms of service
Section 139 (42 U.S.C. 12593) is amended—
in subsection
(b)(1), by striking not less than 9 months and
;
in
subsection (b)(2), by striking during a period of—
and all that
follows through the period at the end and inserting during a period of
not more than 2 years.
; and
in subsection (c)—
in paragraph
(1)(A), by striking as demonstrated by the participant
and
inserting as determined by the organization responsible for granting a
release, if the participant has otherwise performed satisfactorily and has
completed at least 15 percent of the original term of service
;
in paragraph
(2)(A), by striking provide to the participant that portion of the
national service educational award
and inserting certify the
participant’s eligibility for that portion of the national service educational
award
; and
in paragraph
(2)(B), by striking to allow return to the program with which the
individual was serving in order
.
Adjustments to living allowance
Section 140 (42 U.S.C. 12594) is amended—
in subsection (a)—
in paragraph (1),
by striking paragraph (3)
and inserting paragraphs (2)
and (3)
;
by striking paragraph (2);
by redesignating paragraph (3) as (2);
by inserting after paragraph (2) (as so redesignated) the following:
Federal work-study students
The living allowance that may be provided to an individual whose term of service includes hours for which the individual receives Federal work study wages shall be reduced by the amount of the individual's Federal work study award.
; and
in paragraph (4), by
striking a reduced term of service under section 139(b)(3)
and
inserting a term of service that is less than 12 months
;
in subsection (b),
by striking shall include an amount sufficient to cover 85 percent of
such taxes
and all that follows through the period at the end and
inserting may be used to pay such taxes.
;
in subsection (c)—
in paragraph (1)
by adding and
at the end;
by striking paragraph (2); and
by redesignating paragraph (3) as (2);
in subsection (d)(1), by striking the second sentence; and
by striking subsections (g) and (h).
Amendments to Subtitle D (National Service Trust and Provision of National Service Educational Awards)
Availability of funds in the National Service Trust
Section 145 (42 U.S.C. 12601) is amended—
in subsection (a)—
in paragraph
(1)(B), by striking section 148(e)
and inserting section
148(f)
; and
in paragraph (2),
by striking pursuant to section 196(a)(2)
and inserting
pursuant to section 196(a)(2), if the terms of such donations direct
that they be deposited in the National Service Trust
; and
in subsection (c), by striking “for payments of national service educational awards in accordance with section 148.” and inserting “for—
payments of summer of service educational awards and national service educational awards in accordance with section 148; and
payments of interest in accordance with section 148(f).
.
Individuals eligible to receive a national service educational award from the Trust
Section 146 (42 U.S.C. 12602) is amended—
in subsection (a)—
in the matter
preceding paragraph (1), by striking if the individual
and
inserting if the organization responsible for an individual’s
supervision certifies that the individual
;
by striking paragraphs (1), (2), and (3) and inserting the following:
met the applicable eligibility requirements for the position; and
successfully completed the required term of service described in subsection (b) in an approved national service position; or
satisfactorily performed prior to being granted a release for compelling personal circumstances under section 139(c); and
served at least 15 percent of the required term of service described in subsection (b); and
; and
by redesignating paragraph (4) as paragraph (3);
by striking subsection (c) and inserting the following:
Limitation on Receipt of National Service Educational Awards
An individual may not receive, in national service educational awards, more than an amount equal to the aggregate value of 2 such awards for full-time service. The aggregate value of summer of service educational awards that an individual receives shall have no effect on the aggregate value of national service educational awards the individual may receive.
;
in subsection (d)—
in paragraph (1) by
inserting after national service educational award
the
following: or a summer of service educational award
; and
in paragraph (2)—
in
the matter preceding subparagraph (A), and in subparagraph (A), by inserting
after national service educational award
the following:
or a summer of service educational award
;
in
subparagraph (A) by striking or
at the end;
in
subparagraph (B) by striking the period at the end and inserting ;
or
; and
by adding at the end the following:
in the case of a summer of service educational award, is enrolled at an eligible institution of higher education under section 148(c) or an educational institution described under section 148(a)(4) and failed to expend the full amount of that award during the original 7-year period.
; and
in subsection (e)(1)—
by inserting after
qualifying under this section
the following: or under
section 118(c)(8)
; and
by inserting after
to receive a national service educational award
the following:
or a summer of service educational award
.
Determination of the amount of national service educational awards
Section 147 (42 U.S.C. 12603) is amended—
in subsection (a)—
by striking
a value, for each of not more than 2 of such terms of service, equal to
90 percent of—
and inserting a value of—
; and
by striking paragraphs (1) and (2) and inserting the following:
$4,825, for fiscal year 2008;
$4,925, for fiscal year 2009;
$5,025, for fiscal year 2010;
$5,125, for fiscal year 2011; and
$5,225, for fiscal year 2012 and each fiscal year thereafter.
; and
in subsection (b), by inserting after
for each of not more than 2 of such terms of service
the
following: in the period of one year
.
Disbursement of educational awards
Section 148 (42 U.S.C. 12604) is amended—
in subsection (a)—
in paragraph (2),
by striking cost of attendance
and inserting cost of
attendance or other educational expenses
;
in paragraph (3),
by striking and
;
by redesignating paragraph (4) as paragraph (6);
by inserting after paragraph (3) the following:
to pay expenses incurred in enrolling in an educational institution or training establishment that meets the requirements of chapter 36 of title 38, United States Code (38 U.S.C. 3451 et seq.);
for a recipient of a summer of service educational award under section 118(c)(8)(C), to pay expenses incurred in enrolling in a college preparatory program in accordance with subsection (e); and
; and
in paragraph (6)
(as so redesignated) by striking subsection (e)
and inserting
subsection (f)
;
in subsection
(b)(1) by inserting after the national service educational award of the
individual
the following: , or an eligible individual under
section 118(c)(8) who received a summer of service educational award for a
project that began after the individual completed grade 10 and desires to apply
that summer of service educational award,
;
in subsection
(b)(2) by inserting after the national service educational award
the following: or the summer of service educational award, as
applicable,
;
in subsection
(b)(5) by inserting after the national service educational award
the following: or the summer of service educational award, as
applicable
;
in subsection (b)(7)—
in subparagraph
(A), by striking , other than a loan to a parent of a student pursuant
to section 428B of such Act (20 U.S.C. 1078–2); and
and inserting a
semicolon;
in subparagraph (B),
by striking the period and inserting ; and
; and
by adding at the end the following:
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—
an eligible lender, as defined in section 435 of the Higher Education Act of 1965 (20 U.S.C. 1085);
the direct student loan program under part D of title IV of such Act;
a State agency; or
a lender otherwise determined by the Corporation to be eligible to receive disbursements from the National Service Trust.
;
in subsection
(c)(1), by inserting after national service educational award
the following: , or an eligible individual under section 118(c)(8) who
desires to apply the individual’s summer of service educational
award,
;
in subsection
(c)(2)(A), by inserting after national service educational award
the following: or summer of service educational award, as
applicable,
;
in subsection
(c)(2)(C)(iii), by inserting after national service educational awards
received under this subtitle
the following: or summer of service
educational awards received under section 118(c)(8)
;
in subsection
(c)(3), by inserting after national service educational awards
the following: and summer of service educational awards
;
in subsection (c)(5)—
by inserting after
national service educational award
the following: , or
summer of service educational award, as applicable,
; and
by inserting after
additional
the following: summer of service educational
awards and additional
;
in subsection
(c)(6), by inserting after national service educational award
the following: and summer of service educational award
;
in subsection
(d), by inserting after national service educational awards
the
following: and summer of service educational awards
;
by redesignating subsections (e), (f), and (g) as (f), (g), and (h), respectively;
by inserting after subsection (d) the following:
Use of summer of service educational award To pay college preparatory expenses
Application of eligible individuals
An eligible individual under section 118(c)(8), or the parents or legal guardian of such an individual, who desires to apply the summer of service educational award of the individual to the payment of expenses incurred in enrolling in a college preparatory program shall, on a form prescribed by the Corporation, submit an application to the college preparatory program in which the individual will be enrolled that contains such information as the Corporation may require to verify the individual’s eligibility.
Submission of requests for payment by program
A college preparatory program that receives one or more applications under paragraph (1) shall submit to the Corporation a statement, in a manner prescribed by the Corporation, that—
identifies each eligible individual filing an application under paragraph (1) for a disbursement of the individual’s summer of service educational award under this subsection;
specifies the amounts for which such eligible individuals are qualified for disbursement; and
certifies that—
the college preparatory program is operated by a for-profit or non-profit organization with a track record of success in implementing college preparatory programs that collaborate with local educational agencies and adequately prepare secondary school students for admission to an institution of higher education without need for remediation;
the college preparatory program has been in existence for at least one year prior to an eligible individual’s submission of the application under paragraph (1); and
individuals using summer of service educational awards received under section 118(c)(8) to pay the cost of enrolling in the college preparatory program do not comprise more than 15 percent of the total number of individuals enrolled in the program; and
contains such provisions concerning financial compliance and program quality as the Corporation may require.
Disbursement of payments
Upon receipt of a statement from a college preparatory program that complies with paragraph (2), the Corporation shall, subject to paragraph (4), disburse the total amount of the summer of service educational awards for which eligible individuals who have submitted applications to that program under paragraph (1) are scheduled to receive. Such disbursement shall be made by check or other means that is payable to the program and requires the endorsement or other certification by the eligible individual.
Multiple disbursements
The total amount required to be disbursed to a college preparatory program under paragraph (3) for any period of enrollment may be disbursed by the Corporation in two or more installments consistent with appropriate divisions of such period of enrollment.
Refund rules
The Corporation shall, by regulation, provide for the refund to the Corporation (and the crediting to the summer of service educational award of an eligible individual) of amounts disbursed to programs for the benefit of eligible individuals who withdraw or otherwise fail to complete the period of enrollment for which the assistance was provided. Amounts refunded to the Trust pursuant to this paragraph may be used by the Corporation to fund additional approved summer of service positions under section 118(c)(8).
Maximum award
The portion of an eligible individual’s total available summer of service educational award that may be disbursed under this subsection for any period of enrollment shall not exceed the cost of attendance.
;
in subsection (f)
(as so redesignated), by striking subsection (b)(6)
and
inserting subsection (b)(7)
; and
in subsection (g)
(as so redesignated), by striking Director
and inserting
Chief Executive Officer
.
Process of approval of national service positions
In general
Subtitle D of title I (42 U.S.C. 12601 et seq.) is further amended by adding at the end the following new section:
Process of approval of national service positions
Timing and recording requirements
In general
Notwithstanding subtitles C and D, and any other provision of law, in approving a position as an approved national service position, the Corporation—
shall approve the position at the time the Corporation—
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 or under title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.), or a summer of service educational award; or
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
shall record as an obligation an estimate of the net present value of the national service 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 for such a program and remain available.
Formula
In determining the formula described in paragraph (1)(B), the Corporation shall consult with the Director of the Congressional Budget Office.
Certification report
The Chief Executive Officer of the Corporation shall annually prepare and submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that contains a certification that the Corporation is in compliance with the requirements of paragraph (1).
Approval
The requirements of this subsection shall apply to each approved national service position that the Corporation approves—
during fiscal year 2008; and
during any subsequent fiscal year.
Reserve account
Establishment and contents
Establishment
Notwithstanding subtitles C and D, and any other provision of law, within the National Service Trust established under section 145, the Corporation shall establish a reserve account.
Contents
To ensure the availability of adequate funds to support the awards of approved national service positions for each fiscal year, the Corporation shall place in the account—
during fiscal year 2008, a portion of the funds that were appropriated for fiscal year 2008 or a previous fiscal year under section 501(a)(2), were made available to carry out subtitle C, D, or E of this title, subtitle A of title I of the Domestic Volunteer Service Act of 1973, or summer of service under section 118(c)(8), and remain available; and
during fiscal year 2009 or a subsequent fiscal year, a portion of the funds that were appropriated for that fiscal year under section 501(a)(2) and were made available to carry out subtitle C, D, or E of this title, subtitle A of title I of the Domestic Volunteer Service Act of 1973, or summer of service under section 111(a)(5), and remain available.
Obligation
The Corporation shall not obligate the funds in the reserve account until the Corporation—
determines that the funds will not be needed for the payment of national service educational awards associated with previously approved national service positions and summer of service educational awards; or
obligates the funds for the payment of national service educational awards for such previously approved national service positions or summer of service educational awards, as applicable.
Audits
The accounts of the Corporation relating to the appropriated funds for approved national service 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).
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 or summer of service educational awards under section 148.
.
Conforming repeal
Section 2 of the Strengthen AmeriCorps Program Act (Public Law 108–145; 117 Stat. 844; 42 U.S.C. 12605) is repealed.
Report on veterans serving in approved national service positions
Subtitle D of title I (42 U.S.C. 12601 et seq.) is further amended by adding at the end the following new section:
Report on veterans serving in approved national service positions
In general
The Corporation shall report annually to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate the number and percentage of veterans serving in approved national service positions.
Annual goals
In the report described in subsection (a), the Corporation shall outline strategies and goals for increasing the number and percentage of veterans serving in approved national service positions each year, including strategies being undertaken to recruit veterans to serve in such positions, and include an evaluation of progress in meeting such goals.
.
Amendments to Subtitle E (National Civilian Community Corps)
Purpose
Section 151 (42 U.S.C. 12611) is amended to read as follows:
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. Such needs to be met under such programs include those related to—
natural and other disasters;
infrastructure improvement;
environmental stewardship and conservation;
energy conservation; and
urban and rural development.
.
Program components
Section 152 (42 U.S.C. 12612) is amended—
by amending the section heading to read as follows:
Establishment of National Civilian Community Corps Program
.
in subsection (a),
by striking Civilian Community Corps Demonstration Program
and
inserting National Civilian Community Corps Program
;
in subsection (b)—
by striking Civilian Community Corps
Demonstration Program
and inserting National Civilian Community
Corps Program
; and
by striking
a Civilian Community Corps
and inserting a National
Civilian Community Corps
;
in the heading of
subsection (c), by striking Programs
and inserting
Components
;
and
in subsection (c),
by striking program components are residential programs
and all
that follows and inserting programs referred to in subsection (b) may
include a residential component.
.
Eligible participants
Section 153 (42 U.S.C. 12613) is amended—
in subsection (a)—
by striking
Civilian Community Corps Demonstration Program
and inserting
National Civilian Community Corps Program
; and
by striking
on Civilian Community Corps
and inserting on National
Civilian Community Corps
;
in subsection (b),
by striking if the person
and all that follows through the
period at the end and inserting if the person will be at least 18 years
of age on or before December 31 in the calendar year in which the individual
enrolls in the program.
;
in subsection (c)—
by striking
Backrounds
and inserting Backgrounds
; and
by adding at the
end the following: The Director shall take appropriate steps, including
through collaboration with the Office of Outreach and Recruitment, to increase
the percentage of participants in the program who are disadvantaged youth
toward 50 percent of all participants by year 2010. The Director shall report
to the Committee on Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate annually on
such efforts, any challenges faced, and the annual participation rates of
disadvantaged youth in the program.
; and
by striking subsection (e).
Summer national service program
Section 154 (42 U.S.C. 12614) is amended—
in subsection (a)—
by striking
Civilian Community Corps Demonstration Program
and inserting
National Civilian Community Corps Program
; and
by striking
on Civilian Community Corps
and inserting on National
Civilian Community Corps
; and
in subsection (b),
by striking shall be
and all that follows through the period at
the end and inserting shall be from economically and ethnically diverse
backgrounds, including youth who are in foster care.
.
Team leaders
Section 155 (42 U.S.C. 12615) is amended—
by amending the section heading to read as follows:
National Civilian Community Corps
;
in subsection (a)—
by striking
Civilian Community Corps Demonstration Program
and inserting
National Civilian Community Corps Program
; and
by striking
the Civilian Community Corps shall
and inserting the
National Civilian Community Corps shall
;
in subsection (b)—
by amending the subsection heading to read as follows:
Membership in National Civilian Community Corps
;
in paragraph (1),
by inserting National
before Civilian Community
Corps
;
in paragraph (3)—
by
striking superintendent
and inserting campus
director
; and
by
striking camp
and inserting campus
; and
by adding at the end the following:
Team leaders
The Director may select from Corps members 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. Team leaders shall—
be selected without regard to the age limitation under section 153(b);
be members of the National Civilian Community Corps; and
be provided the rights and benefits applicable to Corps members, except that the limitation on the amount of living allowance shall not exceed 10 percent more than the amount established under section 158(b).
;
in subsection (d)—
by amending the subsection heading to read as follows:
Campuses
;
in paragraph (1)—
by amending the paragraph heading to read as follows:
Units to be
assigned to
campuses
;
by
striking in camps
and inserting in
campuses
;
by
striking camp
and inserting campus
; and
by
striking in the camps
and inserting in the
campuses
;
by amending paragraph (2) to read as follows:
Campus director
There shall be a campus director for each campus. The campus director is the head of the campus.
;
in paragraph (3)—
by amending the paragraph heading to read as follows:
Eligible site for campus
;
by
striking A camp may be located
and inserting A campus
must be cost-effective and may, upon the completion of a feasibility study, be
located
;
in subsection (e)—
by amending the paragraph heading to read as follows:
Distribution of Units and Campuses
;
by striking
camps are distributed
and inserting campuses are
cost-effective and are distributed
; and
by striking
rural areas
and all that follows through the period at the end
and inserting rural areas such that each Corps unit in a region can be
easily deployed for disaster and emergency response to such region.
;
and
in subsection (f)—
in paragraph (1)—
by
striking superintendent
and inserting campus
director
; and
by
striking camp
both places such term appears and inserting
campus
;
in paragraph (2)—
in
the matter preceding subparagraph (A), by striking superintendent of a
camp
and inserting campus director of a campus
;
in subparagraph (A)—
by striking
superintendent
and inserting campus
director
;
by striking
superintendent’s
and inserting campus director’s
;
and
by striking
camp
each place such term appears and inserting
campus
; and
in
subparagraph (B), by striking superintendent
and inserting
campus director
; and
in paragraph (3),
by striking camp superintendent
and inserting campus
director
.
Training
Section 156 (42 U.S.C. 12616) is amended—
in subsection (a)—
by inserting
National
before Civilian Community Corps
;
and
by adding at the
end the following: 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.
;
in subsection
(b)(1), by inserting before the period at the end the following: ,
including a focus on energy conservation, environmental stewardship or
conservation, infrastructure improvement, urban and rural development, or
disaster preparedness needs
; and
by amending subsection (c)(2) to read as follows:
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 skill areas described in such subsection.
.
Consultation with State Commissions
Section 157 (42 U.S.C. 12617) is amended—
in subsection (a)—
in the matter
preceding paragraph (1), by inserting National
before
Civilian Community Corps
;
in paragraph (1),
by inserting before the semicolon the following: with specific emphasis
on projects in support of infrastructure improvement, disaster relief and
recovery, the environment, energy conservation, and urban and rural
development
; and
in paragraph (2)
by striking service learning
and inserting
service-learning
;
in subsection (b)—
in paragraph
(1)(A), by striking and the Secretary of Housing and Urban
Development
and inserting 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 United States
Forest Service
;
in paragraph (1)(B)—
by
inserting community-based organizations and
before
representatives of local communities
; and
by
striking camp
both places such term appears and inserting
campus
; and
in paragraph (2),
by inserting State Commissions,
before and persons
involved in other youth service programs.
; and
in subsection (c)—
in paragraph (1)—
by
striking superintendent
both places such term appears and
inserting campus director
; and
by
striking camp
both places such term appears and inserting
campus
; and
in paragraph (2),
by striking camp superintendents
and inserting campus
directors
.
Authorized benefits for Corps members
Section 158 (42 U.S.C. 12618) is amended—
in subsection (a)
by inserting National
before Civilian Community
Corps
; and
in subsection (c)—
in the matter preceding paragraph (1)—
by
inserting National
before Civilian Community
Corps
; and
by
inserting before the colon the following: , as the Director determines
appropriate
;
in paragraph (6),
by striking Clothing
and inserting Uniforms
;
and
in paragraph (7),
by striking Recreational services and supplies
and inserting
Supplies
.
Permanent cadre
Section 159 (42 U.S.C. 12619) is amended—
in subsection (a)—
in the matter
preceding paragraph (1), by striking Civilian Community Corps
Demonstration Program
and inserting National Civilian Community
Corps Program
; and
in paragraph (1)—
by
inserting including those
before recommended
;
and
by
inserting National
before Civilian Community
Corps
;
in
subsection (b)(1), by inserting National
before Civilian
Community Corps
;
in subsection (c)—
in paragraph
(1)(B)(i), by inserting National
before Civilian
Community Corps
; and
in paragraph (2)—
in subparagraph (A)—
by striking
The Director shall establish a permanent cadre of
and inserting
The Chief Executive Officer shall establish a permanent cadre that
includes the Director and other appointed
; and
by inserting
National
before Civilian Community Corps
;
in
subparagraph (B), by striking The Director shall appoint the
members
and inserting The Chief Executive Officer shall consider
the recommendations of the Director in appointing the other
members
;
in subparagraph (C)—
in
the matter preceding clause (i), by striking the Director
and
inserting the Chief Executive Officer
;
in clause (iii)
by striking and
at the end;
by redesignating clause (iv) as (v); and
by inserting after clause (iii) the following:
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
; and
in subparagraph (E)—
by inserting after
techniques
the following: , including techniques for
working with and enhancing the development of disadvantaged youth,
;
and
by striking
service learning
and inserting service-learning
;
and
in the first
sentence of paragraph (3), by striking the members
and inserting
other members
.
Contract and grant authority
Section 161 (42 U.S.C. 12621) is amended—
in subsection (a),
by striking perform any program function under this subtitle
and
inserting carry out the National Civilian Community Corps
program
; and
in subsection
(b)(2), by inserting National
before Civilian Community
Corps
.
Other departments
Section 162 (42 U.S.C. 12622) is amended—
in subsection (a)—
in paragraph (1)—
in
subparagraph (A), by inserting National
before Civilian
Community Corps
; and
in
subparagraph (B)(i), by striking the registry established by
and
all that follows through the semicolon and inserting the registry
established by section 1143a of title 10, United States Code;
;
in paragraph
(2)(A), by striking to be recommended for appointment
and
inserting from which individuals may be selected for appointment by the
Director
; and
in paragraph (3),
by inserting National
before Civilian Community
Corps
; and
by striking subsection (b).
Advisory Board
Section 163 (42 U.S.C. 12623) is amended—
in subsection (a)—
by striking
Upon the establishment of the Program, there shall also be
and
inserting There shall be
;
by inserting
National
before Civilian Community Corps Advisory
Board
; and
by striking
to assist
and all that follows through the period at the end and
inserting to assist the Corps in responding rapidly and efficiently in
times of natural and other disasters. Consistent with the needs outlined in
section 151, 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.
;
in subsection (b)—
by redesignating paragraphs (8) and (9) as paragraphs (13) and (14), respectively;
by inserting after paragraph (7) the following:
The Administrator of the Federal Emergency Management Agency.
The Secretary of Transportation.
The Chief of the United States Forest Service.
The Administrator of the Environmental Protection Agency.
The Secretary of Energy.
; and
in paragraph (13),
as so redesignated, by striking industry,
and inserting
public and private organizations,
.
Annual evaluation
Section 164 (42 U.S.C. 12624) is amended—
by inserting
National
before Civilian Community Corps
;
and
by adding at the
end the following: Upon completing each such evaluation, the Corporation
shall submit to the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and Labor of the House of Representatives
a report on the evaluation.
.
Repeal of funding limitation
Section 165 (42 U.S.C. 12625) is repealed.
Definitions
Section 166 (42 U.S.C. 12626) is amended—
by striking paragraphs (2), (3), and (9);
by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively;
by inserting after paragraph (1) the following:
Campus director
The term campus director, with respect to a Corps campus, means the head of the campus under section 155(d).
Corps
The term Corps means the National Civilian Community Corps required under section 155 as part of the Civilian Community Corps Program.
Corps campus
The term Corps campus means the facility or central location established as the operational headquarters and boarding place for particular Corps units.
;
in
paragraph (5) (as so redesignated), by striking Civilian Community Corps
Demonstration Program
and inserting National Civilian Community
Corps Program
;
in
paragraph (6) (as so redesignated), by inserting National
before
Civilian Community Corps
;
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
in paragraph (9) (as so redesignated)—
in the heading by
striking Service
learning
and inserting Service-learning
;
and
in the matter
preceding subparagraph (A) by striking service learning
and
inserting service-learning
.
Terminology
Subtitle E of title I (42 U.S.C. 12611 et seq.) is amended—
by striking the subtitle heading and inserting the following:
National Civilian Community Corps
;
in section 160(a)
(42 U.S.C. 12620(a)) by inserting National
before
Civilian Community Corps
.
Amendments to Subtitle F (Administrative Provisions)
Family and medical leave
Section
171(a)(1) (42 U.S.C. 12631(a)(1)) is amended by striking with respect to
a project
and inserting with respect to a project authorized
under the national service laws
.
Additional prohibitions on use of funds
Section 174 (42 U.S.C. 12634) is amended by adding at the end the following:
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.
.
Notice, hearing, and grievance procedures
Section 176 (42 U.S.C. 12636) is amended—
in subsection
(a)(2)(A), by striking 30 days
and inserting 1 or more
periods of 30 days not to exceed 90 days in total
; and
in subsection (f)—
in paragraph (1),
by striking A State or local applicant
and inserting An
entity
; and
in paragraph (6)—
in
subparagraph (C), by striking and
;
by redesignating subparagraph (D) as subparagraph (E); and
by inserting after subparagraph (C) the following:
in a grievance filed by an individual applicant or participant—
the applicant’s selection or the participant’s reinstatement, as the case may be; and
other changes in the terms and conditions of service; and
.
Resolution of displacement complaints
Section 177 (42 U.S.C. 12637) is amended—
in subsections (a)
and (b), by striking under this title
each place it appears and
inserting under the national service laws
;
in subsection
(b)(1), by striking employee or position
and inserting
employee, position, or volunteer (other than a participant under the
national service laws)
; and
by adding at the end the following:
Parental involvement
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.
Parental permission
Programs that receive assistance under the national service laws shall, consistent with State law, before transporting minor children, provide the reason for and obtain written permission of the children’s parents.
.
State Commissions on National and Community Service
Section 178 (42 U.S.C. 12638) is amended—
in subsection (c)(1), by adding at the end the following:
A representative of the volunteer sector.
;
in
subsection (c)(3), by striking , unless the State permits the
representative to serve as a voting member of the State Commission or
alternative administrative entity
;
by striking subsection (e)(1) and inserting the following:
Preparation of a national service plan for the State that—
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 companies, organizations, and public agencies using service and volunteerism as a strategy to meet critical community needs, including programs funded under the national service laws;
covers a 3-year period, the beginning of which may be set by the State;
is subject to approval by the chief executive officer of the State;
includes measurable goals and outcomes for the State consistent with those for national service programs as described in section 179(a)(1)(A);
ensures outreach to diverse community-based agencies that serve underrepresented populations, by—
using established networks and registries at the State level, or establishing such networks and registries; and
coordinating with the Corporation’s Office of Outreach and Recruitment;
provides for effective coordination of funding applications submitted by the State and others within the State under the national service laws;
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; and
contains such information as the State Commission considers to be appropriate or as the Corporation may require.
;
by redesignating subsections (f) through (j) as subsections (h) through (l), respectively;
by inserting after subsection (e) the following:
Relief From Administrative Requirements
Upon approval of a State plan submitted under subsection (e)(1), the Chief Executive Officer may waive, or specify alternatives to, administrative requirements (other than statutory provisions) otherwise applicable to grants made to States under the national service laws, including those requirements identified by a State as impeding the coordination and effectiveness of Federal, State, and local resources for service and volunteerism within a State.
State plan for baby boomer and older adult volunteer and paid service
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 must work with appropriate State agencies and private entities to develop a comprehensive State plan for volunteer and paid service by members of the Baby Boom generation and older adults.
Matters included
The State plan shall include—
recommendations for public policy initiatives, including how to best tap the population of members of the Baby Boom generation and older adults as sources of social capital and as ways to address community needs;
recommendations to the State unit on aging on—
a marketing outreach plan to businesses;
outreach to non-profit organizations;
the State’s Department of Education; and
other State agencies; and
recommendations for civic engagement and multigenerational activities, such as—
early childhood education, family literacy, and after school programs;
respite services for older adults and caregivers; and
transitions for members of the Baby Boom generation and older adults to purposeful work in their post career lives.
Knowledge incorporated
The State plan shall incorporate the current knowledge base regarding—
the economic impact of older workers’ roles in the economy;
the social impact of older workers’ roles in the community; and
the health and social benefits of active engagement for members of the Baby Boom generation and older adults.
Publication
The State plan must be made public and be transmitted to the Chief Executive Officer.
; and
in subsection
(k)(1) (as redesignated by this section), by striking the period at the end and
inserting , consistent with section 174(d).
.
Evaluation and accountability
Section 179 (42 U.S.C. 12639) is amended—
by amending subsection (a) to read as follows:
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—
the effectiveness of programs receiving assistance under the national service laws in achieving stated goals and the costs associated with such, including—
an evaluation of performance measures, as established by the Corporation in consultation with each grantee receiving assistance under the national service laws, which may include—
number of participants enrolled and completing terms of service compared to the stated goals of the program;
number of volunteers recruited from the community in which the program was implemented;
if applicable based on the program design, the number of individuals receiving or benefitting from the service conducted;
number of disadvantaged and underrepresented youth participants;
sustainability of project or program, including measures to ascertain the level of community support for the project or program;
measures to ascertain the change in attitude toward civic engagement among the participants and the beneficiaries of the service; and
other quantitative and qualitative measures as determined to be appropriate by the recipient of assistance; and
review of the implementation plan for reaching such measures described in subparagraph (A); and
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 ease with which recipients were able to receive services, to maximize the cost-effectiveness and the impact of such programs.
;
in subsection (g)—
in paragraph (3),
by striking National Senior Volunteer Corps
and inserting
National Senior Service Corps
; and
in paragraph (9),
by striking to public service
and all that follows through the
period at the end and inserting to engage in service that benefits the
community.
; and
by adding at the end the following:
Reserved Program Funds for Accountability
In addition to amounts appropriated to carry out this section, the Corporation may reserve up to 1 percent of total program funds appropriated for a fiscal year under the national service laws to support program accountability activities under this section.
Corrective plans
In general
A grantee that fails to reach the performance measures in subsection (a)(1)(A) as determined by the Corporation, shall reach an agreement with the Corporation on a corrective action plan to achieve the agreed upon performance measures.
Assistance
New program
For a program that has received assistance for less than 3 years and is failing to achieve the performance measures agreed upon under subsection (a)(1)(A), the Corporation shall—
provide technical assistance to the grantee to address targeted performance problems relating to the performance measures in subsection (a)(1)(A); and
require quarterly reports from the grantee on the program’s progress toward achieving the performance measures in subsection (a)(1)(A) to the appropriate State, Territory, or Indian tribe and the Corporation.
Established programs
For a program that has received assistance for 3 years or more and is failing to achieve the performance measures agreed upon under subsection (a)(1)(A), the Corporation shall require quarterly reports from the grantee on the program’s progress towards achieving performance measures in subsection (a)(1)(A) to the appropriate State, Territory, or Indian tribe and the Corporation.
Failure To meet performance levels
If, after a period for correction as approved by the Corporation, a grantee or subgrantee fails to achieve the established levels of performance, the Corporation shall—
reduce the annual amount of the grant award attributable to the underperforming grantee or subgrantee by at least 25 percent; or
terminate assistance to the underperforming grantee or subgrantee, consistent with section 176(a).
Reports
The Corporation shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate not later than two years after the date of the enactment of this subsection, and annually thereafter, a report containing information on the number of—
grantees implementing corrective action plans;
grantees for which the Corporation offers technical assistance under subsection (k);
grantees for which the Corporation terminates assistance for a program under subsection (l); and
grantees meeting or exceeding their performance measures in subsection (a).
.
Technical amendment
Section 181 (42
U.S.C. 12641) is amended by striking Section 414
and inserting
Section 422
.
Partnerships with schools
Section 182(b) (42 U.S.C. 12642(b)) is amended to read as follows:
Annual report
On an annual basis, the head of each Federal agency and department shall prepare and submit, to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report concerning the implementation of this section, including an evaluation of the performance goals and benchmarks of the partnership programs.
.
Rights of access, examination, and copying
Section 183 (42 U.S.C. 12643) is amended—
in each of
subsections (a)(1) and (b)(1) by inserting after local
government,
the following: Territory,
; and
by adding at the end the following:
Inspector General
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—
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
that relates to the duties of the Inspector General under the Inspector General Act of 1978.
.
Additional administrative provisions
Subtitle F of title I (42 U.S.C. 12631 et seq.) is amended by adding at the end the following:
Consolidated application and reporting requirements
In general
To promote efficiency and eliminate duplicative requirements, the Corporation shall consolidate or modify application procedures and reporting requirements for programs and activities funded under the national service laws.
Reports to Congress
Not later than 1 year after the date of the enactment of this section, and annually thereafter, the Corporation shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report containing information on the actions taken to modify the application procedures and reporting requirements for programs and activities funded under the national service laws, including a description of the consultation procedures with grantees, entities that expressed interest in applying for assistance under a national service law but did not apply, those entities whose application was rejected, and applications whose assistance was terminated due to failure to meet performance measures for the year covered by the report.
Sustainability
Goals
To ensure that recipients of assistance under the national service laws are carrying out sustainable projects or programs, the Corporation, after collaboration with State Commissions and consultation with recipients of assistance under the national service laws, may set sustainability goals supported by policies and procedures to—
build the capacity of the projects that receive assistance under the national service laws to meet community needs and lessen the dependence on Federal dollars to do so, taking into consideration challenges that programs in underserved rural or urban areas may face;
provide technical assistance to aid the recipients of assistance under the national service laws in acquiring and leveraging non-Federal funds for the projects; and
implement measures to ascertain whether the projects are generating sufficient community support.
Enforcement
If a recipient does not meet the sustainability goals in subsection (a) for a project, the Corporation may take action as described in sections 176 and 179.
Use of recovered funds
Factors Considered in Approving Repayment
After the date of enactment of this section, whenever the Corporation recovers funds paid to a recipient under a grant or cooperative agreement made under the national service laws because the recipient made an expenditure of funds that was not allowable, or otherwise failed to discharge its responsibility to account properly for funds, the Corporation may consider those funds to be additional funds available and may arrange to repay to the recipient affected by that action an amount not to exceed 75 percent of the recovered funds if the Corporation determines that—
the practices or procedures of the recipient that resulted in the recovery of funds have been corrected, and that the recipient is in all other respects in compliance with the requirements of the grant or cooperative agreement, if the recipient was notified of any noncompliance with such requirements and given a reasonable period of time to remedy such noncompliance;
the recipient has submitted to the Corporation a plan for the use of those funds consistent with the national service laws and, to the extent possible, for the benefit of the community affected by the recovery of funds; and
the use of those funds in accordance with that plan would serve to achieve the objectives of the grant or cooperative agreement under which the funds were originally paid.
Terms and Conditions of Repayment
Any payments by the Corporation under this section shall be subject to other terms and conditions as the Corporation considers necessary to accomplish the purposes of the grant or cooperative agreement, including—
the submission of periodic reports on the use of funds provided under this section; and
consultation by the recipient with members of the community that will benefit from the payments.
Availability of Funds
Notwithstanding any other provision of law, the funds made available under this section shall remain available for expenditure for a period of time considered reasonable by the Corporation, but in no case to exceed more than 3 fiscal years following the later of—
the fiscal year in which final agency action regarding the disallowance of funds is taken; or
if such recipient files a petition for judicial review regarding the disallowance of funds, the fiscal year in which final judicial action is taken on such a petition.
Publication in Federal Register
At least 60 days prior to entering into an arrangement under this section, the Corporation shall publish in the Federal Register a notice of intent to enter into such an arrangement and the terms and conditions under which payments will be made. Interested persons shall have an opportunity for at least 30 days to submit comments to the Corporation regarding the proposed arrangement.
Expenses of attending meetings
Notwithstanding section 1345 of title 31, United States Code, funds authorized under the national service laws shall be available for expenses of attendance of meetings that are concerned with the functions or activities for which the funds are appropriated or which will contribute to improved conduct, supervision, or management of those functions or activities.
Grant periods
Unless otherwise specifically provided, the Corporation has authority to make a grant under the national service laws for a period of 3 years.
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 meeting community needs.
Limitation on program grant costs
Limitation on Grant Amounts
Except as otherwise provided by this section, the amount of funds approved by the Corporation in a grant to operate a program authorized under the national service laws supporting individuals serving in approved national service positions may not exceed $16,000 per full-time equivalent position.
Costs Subject to Limitation
The limitation in subsection (a) applies to the Corporation’s share of member support costs, staff costs, and other costs borne by the grantee or subgrantee to operate a program.
Costs Not Subject to Limitation
The limitation in subsection (a) and (e)(1) shall not apply to expenses that are not included in the program operating grant award.
Adjustments for Inflation
The amount 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.
Waiver Authority and Reporting Requirement
Waiver
The Chief Executive Officer may waive the requirements of this section, up to a maximum of $18,000, if necessary to meet the compelling needs of a particular program, such as exceptional training needs for a program serving disadvantaged youth, increased costs relating to the participation of individuals with disabilities, and start-up costs associated with a first-time grantee.
Reports
The Chief Executive Officer shall report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate annually on all waivers granted under this section, with an explanation of the compelling needs justifying such waivers.
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. 501 et seq.) and the Government Corporation Control Act of 1945 (31 U.S.C. 9101 et seq.). The Corporation shall report to the Congress any failure to comply with the requirements of such audits.
Criminal history checks
In general
Entities selecting individuals to serve in a position in which the individual receives a Corporation grant-funded living allowance, stipend, education award, salary, or other remuneration in 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.
Requirements
A criminal history check shall, except in cases approved for good cause by the Corporation, include 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—
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
a Federal Bureau of Investigation fingerprint check.
Eligibility prohibition
An individual shall be ineligible to serve in a position described under subsection (a) if such individual—
refuses to consent to the criminal history check described in subsection (b);
makes a false statement in connection with such criminal history check;
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
has been convicted of murder, as described in section 1111 of title 18, United States Code.
.
Amendments to Subtitle G (Corporation for National and Community Service)
Terms of office
Section 192 (42 U.S.C. 12651a) is amended—
by striking subsection (c) and inserting the following:
Terms
Subject to subsection (e), each appointed member shall serve for a term of 5 years.
;
by adding at the end the following:
Service Until Appointment of Successor
A voting member of the Board whose term has expired may continue to serve for one year beyond expiration of the term if no successor is appointed or until the date on which a successor has taken office.
.
Board of Directors authorities and duties
Section 192A(g) (42 U.S.C. 12651b(g)) is amended—
in
the matter preceding paragraph (1) by striking shall—
and
inserting shall have responsibility for setting overall policy for the
Corporation and shall—
;
in paragraph (1),
by inserting before the semicolon at the end the following: , and review
the budget proposal in advance of submission to the Office of Management and
Budget and to Congress
;
in paragraph (5)—
in subparagraph
(A) by striking and
at the end;
in subparagraph
(B) by inserting and
at the end; and
by adding at the end the following:
review the performance of the Chief Executive Officer annually and forward a report on that review to the President;
;
in paragraph (9),
by inserting and
after Corporation;
;
in paragraph (10),
by striking program; and
and inserting program under a
cost share agreement, as determined by the Corporation, in which the funds
advanced or received as reimbursement shall be credited directly to a current
appropriation; and
; and
in
paragraph (11), by striking September 30, 1995
and inserting
January 1, 2011
.
Authorities and duties of the Chief Executive Officer
Section 193A (42 U.S.C. 12651d) is amended—
in subsection (b)—
in paragraph (1),
by inserting after a strategic plan
the following: ,
including a plan for achieving 50 percent full-time approved national service
positions by 2010,
;
by redesignating paragraphs (7) through (11) as paragraphs (8) through (12), respectively;
by inserting after paragraph (6) the following:
prepare and submit to the Committee on Education and Labor in the United States House of Representatives and the Committee on Health, Education, Labor, and Pensions in the United States Senate, and the Board an annual report on actions taken to achieve the goal of 50 percent full-time approved national service positions 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;
; and
in paragraph (11) (as so redesignated)—
in
the matter preceding subparagraph (A), by striking June 30,
1995,
and inserting June 30 of each even-numbered year,
;
and
in
subparagraph (A)(i), by striking section 122(c)(1)
and inserting
section 122(d)(1)
;
in subsection (c)—
in paragraph (9),
by striking and
at the end;
by redesignating paragraph (10) as paragraph (11); and
by inserting after paragraph (9) the following:
obtain the opinions of peer reviewers in evaluating applications to the Corporation for assistance under this title; and
; and
by amending subsection (g) to read as follows:
Recruitment and public awareness functions
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 of the Office of Outreach and Recruitment 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 national service laws or similar programs, and to individuals who have specialized experience in the recruitment of volunteers.
.
Nonvoting members; personal services contracts
Section 195 (42 U.S.C. 12651f) is amended—
in subsection (c)—
in paragraph
(2)(B), by inserting after subdivision of a State,
the
following: Territory,
; and
in paragraph (3)—
in
the heading, by striking Member
and inserting
Non-voting
member
; and
by
inserting non-voting
before member
; and
by adding at the end the following new subsection:
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.
.
Donated services
Section 196(a) (42 U.S.C. 12651g(a)) is amended—
in paragraph (1)—
by striking subparagraph (A) and inserting the following:
Organizations and individuals
Notwithstanding 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).
;
in subparagraph (B)—
in
the matter preceding clause (i), by striking Such a volunteer
and inserting A person who is a member of an organization or is an
individual covered by subparagraph (A)
;
in
clause (i), by striking a volunteer
and inserting such a
person
;
in
clause (ii), by striking volunteers
and inserting such a
person
; and
in
clause (iii), by striking such a volunteer
and inserting
such a person
; and
in subparagraph
(C)(i), by striking Such a volunteer
and inserting Such a
person
; and
by striking paragraph (3).
Office of Outreach and Recruitment
Subtitle G of title I is further amended by adding at the end the following:
Office of Outreach and Recruitment
Establishment
There is established in the Corporation an
office to be known as the Office of Outreach and Recruitment (in this section
referred to as the Office
), headed by a Director.
Duties
The duties of the Office, carried out directly or through grants, contracts, or cooperative agreements, shall be—
to increase the public awareness of the wide range of service opportunities for citizens of all ages, regardless of socioeconomic status or geographic location, through a variety of methods, including—
print media;
the Internet and related emerging technologies;
television;
radio;
presentations at public or private forums;
other innovative methods of communication; and
outreach to offices of economic development, State employment security agencies, labor unions and trade associations, local education agencies, institutions of higher education, agencies and organizations serving veterans and people with disabilities, and other institutions or organizations from which participants for programs receiving assistance from the national service laws can be recruited;
to identify and implement methods of recruitment to increase the diversity of participants in the programs receiving assistance under the national service laws;
to 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 with disabilities in the programs receiving assistance under the national service laws;
to 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;
to identify and implement methods of recruitment to increase the diversity of service sponsors of programs desiring to receive assistance under the national service laws;
to collaborate with organizations which have established volunteer recruitment programs, including those on the Internet, to increase the recruitment capacity of the Corporation;
where practicable, to provide application materials in languages other than English for those with limited English proficiency who wish to participate in a national service program;
to 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;
to collaborate with the training and technical assistance programs described in subtitle J and in appropriate paragraphs of section 198E(b);
to coordinate the clearinghouses described in section 198E; and
to coordinate with entities receiving funds under section 198E(b)(11) in establishing the Reserve Corps for alumni of the national service programs to serve in emergencies, disasters, and other times of national need.
Collaboration
The duties described in subsection (b) shall be carried out in collaboration with the State Commissions.
Authority To contract with a business
The Corporation may, through contracts or cooperative agreements, carry out the marketing duties described in subsection (b)(1), with priority given to those entities who have established expertise in the recruitment of disadvantaged youth, members of Indian tribes, and members of the Baby Boom generation.
Campaign To solicit funds
The Corporation, through the Director of the Office, may conduct a campaign to solicit funds for itself 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.
Reporting
The Director of the Office shall complete a report annually to the Chief Executive Officer and the Board of Directors on its activities and results.
.
Study to examine and increase service programs for veterans and veterans participation in programs under the national service laws and to develop pilot program
Subtitle G of title I is further amended by adding at the end the following:
Study to examine and increase service programs for veterans and veterans participation in programs under the national service laws and to develop pilot program
Planning study
The Corporation for National and Community Service shall conduct a study to identify—
specific areas of need for veterans;
how existing programs and activities carried out under the national service laws could better serve veterans and veterans service organizations;
gaps in service to veterans;
prospects for better coordination of services;
prospects for better utilization of veterans as resources and volunteers; and
methods for ensuring the efficient financial organization of services directed towards veterans.
Consultation
The study shall be carried out in consultation with veterans’ service organizations, the Department of Veterans Affairs, State veterans agencies, the Department of Defense, and other individuals and entities the Corporation considers appropriate.
Report
Not later than 1 year after the date of the enactment of this section, the Corporation shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the results of the planning study required by subsection (a), together with a plan for implementation of a pilot program using promising strategies and approaches for better targeting and serving veterans.
Pilot program
From amounts made available to carry out this section, the Corporation shall develop and carry out a pilot program based on the findings in the report submitted under subsection (c).
Authorization of appropriations
There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2008 through 2012.
.
Coordination with veterans organizations serving veterans with disabilities
The Board of Directors of the Corporation for National and Community Service shall coordinate with veterans organizations serving veterans with disabilities to provide opportunities for young people enrolled in existing NACS programs to provide transportation services on a full-time, part-time, or as-needed basis.
Study to examine and increase service programs for displaced workers in services corps and community service and to develop pilot program planning study
Planning study
The Corporation for National and Community Service shall conduct a study to identify—
specific areas of need for displaced workers;
how existing programs and activities carried out under the national service laws could better serve displaced workers and communities that have been adversely affected by plant closings and job losses;
prospects for better utilization of skilled workers as resources and volunteers; and
methods for ensuring the efficient financial organization of services directed towards displaced workers.
Consultation
The study shall be carried out in consultation with the Department of Labor, State labor agencies, and other individuals and entities the Corporation considers appropriate.
Report
Not later than 1 year after the date of the enactment of this Act, the Corporation shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the results of the planning study required by subsection (a), together with a plan for implementation of a pilot program using promising strategies and approaches for better targeting and serving displaced workers.
Pilot program
From amounts made available to carry out this section, the Corporation shall develop and carry out a pilot program based on the findings in the report submitted under subsection (c).
Authorization of appropriations
There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2008 through 2012.
Amendments to Subtitle H
Technical amendments to subtitle H
Additional Corporation activities To support national service
Subtitle H is amended by inserting after the subtitle heading and before section 198 the following:
Additional Corporation Activities to Support National Service
.
Technical amendments
Section 198 (42 U.S.C. 12653) is amended—
in subsection (a),
by striking subsection (r)
and inserting subsection
(g)
;
in subsection (b),
by striking national service programs, including service-learning
programs, and to support innovative and model programs, including
and
inserting service-learning programs and national service programs,
including
;
by striking subsections (c), (d), (e), and (f);
by redesignating subsection (g) as subsection (c);
by striking subsections (h), (i), and (j);
by redesignating subsection (k) as subsection (d);
by striking subsections (l) and (m);
by redesignating subsections (n) and (o) as subsections (e) and (f), respectively;
by striking subsection (p); and
by redesignating subsections (q), (r), and (s) as (g), (h), and (i), respectively.
Repeals
The following provisions are repealed:
Clearinghouses
Section 198A (42 U.S.C. 12653a).
Military installation conversion demonstration programs
Section 198C (42 U.S.C. 12653c).
Special demonstration project
Section 198D (42 U.S.C. 12653d).
Innovative and model program support
Subtitle H is further amended by adding at the end the following:
Innovative and model program support
Innovative and model program support
Methods of Conducting Activities
The Corporation may, through grants and fixed amount grants under subsection (c), carry out the following programs:
Programs for disadvantaged youth
A program selected from among those listed in 122(a) where no less than 75 percent of the participants are disadvantaged youth.
Components of programs
Such programs may include life skills training, employment training, educational counseling, program to complete a high-school diploma or GED, counseling, or a mentoring relationship with an adult volunteer.
Priority
Priority shall be given to programs that engage retirees to serve as mentors.
Programs focused on learning and thinking skills
Service programs to solve community problems while engaging or developing 21st century learning and thinking skills (critical-thinking and problem solving, communication skills, creativity and innovation skills, collaboration skills, contextual learning skills, information and media literacy skills, and information and communications literacy) and life skills (leadership, ethics, accountability, adaptability, personal productivity, personal responsibility, people skills, self-direction, and social responsibility) for school-age youth and low income adults. This may be a summer of service program or a year-round service program. Priority shall be given to programs that collaborate with the RSVP program, the AmeriCorps programs, or the Learn and Serve programs.
Programs that engage youth under the age of 17
Programs that engage youth under the age of 17 in service to the community to meet unmet human, educational, environmental, emergency and disaster preparedness, or public safety needs and may be a summer program or a year-round program. Priority shall be given to programs that collaborate with the RSVP Program and the AmeriCorps programs.
Programs that focus on health and wellness
Service programs that focus on the health and wellness of the members of a low-income or rural community. Priority shall be given to service programs that work to—
involve the community in service to those who are at-risk to not receive or pursue health care through such activities as health and wellness education, prevention, and care;
include in the service program employment training, where applicable, for participants in the program and may extend this opportunity to members of the community; and
collaborate with local institutions of higher education to include, as a portion of the pre-professional training of health care professionals including nurses, doctors, physician assistants, dentists, and emergency medical technicians, a service component to meet unmet healthcare and wellness needs in the community in which the service program is being carried out.
Silver Scholarship programs
A Silver Scholarship program for citizens age 55 and older to complete no less than 600 hours of service in a year meeting unmet human, educational, public safety, or environmental needs and receive a $1000 education award, provided that—
the Corporation establishes criteria for the types of the service required to be performed to receive such award; and
the citizen uses such award in accordance with sections 146(c), 146(d), and 148(c).
Programs that reduce recidivism
Programs that re-engage court-involved youth and adults with the goal of reducing recidivism. Priority shall be given to such programs that create support systems beginning in corrections facilities, and programs that have life skills training, employment training, an education program, including a program to complete a high-school diploma or GED, educational and career counseling, post program placement, and support services, which could begin in corrections facilities. The program may include health and wellness programs, including but not limited to drug and alcohol treatment, mental health counseling, and smoking cessation.
Programs that recruit certain individuals
Demonstration projects for programs that have as one of their primary purposes the recruitment and acceptance of court-involved youth and adults as participants, volunteers, or members. Such a program may serve any purpose otherwise permitted under this Act.
Other innovative and model programs
Any other innovative and model programs that the Corporation considers appropriate.
Requirements
Three-year term
Each program funded under this part shall be carried out over a period of three years, including one planning year and two additional grant years, with a 1-year extension possible, if the program meets performance measures developed in accordance with section 179(a) and any other criteria determined by the Corporation.
Matching funds
In general
The Federal share of the cost of carrying out a program for which a grant is made under this part may not exceed 76 percent of the total cost of the program in the first year and may not exceed 50 percent of the total cost of the program for the remaining years of the grant, including if the grant is extended for 1 year.
Non-federal contribution
In providing for the remaining share of the cost of carrying out such a program, each recipient of a grant under this part—
shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services; and
may provide for such share through State sources or local sources, including private funds or donated services.
Collaboration encouraged
Each program funded under this part is encouraged to collaborate with Learn and Serve, AmeriCorps, VISTA, and the National Senior Service Corps.
Evaluation
Upon completion of the program, the Corporation shall conduct an independent evaluation of the program and widely disseminate the results to the service community through multiple channels, including the Corporation’s Resource Center or a clearinghouse of effective strategies, and recommendations for improvement.
Fixed amount grants
General
For purposes of subsection (a), and subject to the limitations in this subsection, the Corporation may, upon making a determination described in paragraph (2), approve a fixed amount grant that is not subject to the Office of Management and Budget cost principles and related financial recordkeeping requirements.
Determination
Before approving a fixed amount grant, the Corporation must determine that—
the reasonable and necessary costs of carrying out the terms of the grant significantly exceed the amount of assistance provided by the Corporation; or
based on the nature or design of the grant, any assistance provided by the Corporation can be reasonably presumed to be expended on reasonable and necessary costs.
Applications
To be eligible to carry out a program under this part, an entity shall prepare, submit to the Corporation, and obtain approval of, an application at such time and in such manner as the Chief Executive Officer may reasonably require.
.
Clearinghouses
Subtitle H is further amended by adding at the end the following:
National Service Programs Clearinghouse
National Service Programs Clearinghouse
In general
The Corporation shall provide assistance, either by grant, contract, or cooperative agreement, to entities with expertise in the dissemination of information through clearinghouses to establish one or more clearinghouses for the national service laws.
Function of clearinghouse
Such a clearinghouse may—
assist entities carrying out State or local service-learning and national service programs with needs assessments and planning;
conduct research and evaluations concerning service-learning or programs receiving assistance under the national service laws unless the recipient is receiving funds for such purpose under part III of subtitle B and under subtitle H;
provide leadership development and training to State and local service-learning program administrators, supervisors, service sponsors, and participants; and
provide training to persons who can provide the leadership development and training described in subparagraph (A);
facilitate communication among entities carrying out service-learning programs and programs offered under the national service laws and participants in such programs;
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;
provide and disseminate information regarding methods to make service-learning programs and programs offered under the national service laws accessible to individuals with disabilities;
disseminate applications in languages other than English;
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 service-learning projects; and
coordinate the activities of the Clearinghouse with appropriate entities to avoid duplication of effort;
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;
assist organizations in recruiting, screening, and placing a diverse population of service-learning coordinators and program sponsors;
collaborate with the Office of Outreach and Recruitment on an alumni network for those former participants in an approved national service position, to facilitate communication and collaboration between alumni and to leverage their skills, knowledge, and experiences to improve service across our Nation and also serve in a Reserve Corps, who are ready to serve in times of national need;
disseminate effective strategies for working with disadvantaged youth in national service programs as determined by organizations with an established expertise working with such youth; and
carry out such other activities as the Chief Executive Officer determines to be appropriate.
.
Energy Conservation Corps
General authority
The Corporation for National and Community Service (in this subtitle referred to as the “Corporation”) shall make grants to States for the creation or expansion of full-time or part-time Energy Conservation Corps programs. Notwithstanding provisions identified in this subtitle, the Corporation shall apply the provisions of subtitle C of this subchapter in making grants under this section as necessary.
Application
In general
To be eligible to receive a grant under this subtitle, a State shall invite applications from within the State to receive an Energy Conservation Corps grant.
Process
The State shall then prepare and submit a State application to the Corporation at such time, in such manner, and containing such information as the Corporation may reasonably require. The Corporation shall consult with state and local Conservation Corps in the development of the application guidelines.
Disadvantaged youth
To acknowledge the focused enrollment of disadvantaged youth and young adults in the Energy Conservation Corps, the Corporation shall—
allow a higher cost-per-member to enable Energy Conservation Corps programs to provide the necessary supportive services to ensure the success of the participants; and
allow for greater flexibility in retention rates.
Consideration of residential Corps
The Corporation shall allow for equal consideration of residential Corps program opportunities since residential Corps thrive in rural areas that commonly lack opportunities for young adults, enable the participation for emancipated foster youth, gang involved youth, and others lacking a safe and stable home environment, allow for more structured time for work, training, education and counseling, and provide disaster response-ready crews immediately upon request.
Equitable treatment
In the consideration of applications, the Corporation shall ensure the equitable treatment of both urban and rural areas.
Focus of programs
In general
Programs that receive assistance under this subtitle may carry out activities that—
meet an identifiable public need with specific emphasis on projects in support of energy conservation, infrastructure and transportation improvement, and emergency operations, including—
improving the energy efficiency of housing for elderly and low-income people;
building energy-efficient “green” housing for elderly and low-income people;
environmental education and energy conservation education for elementary and secondary school students and the public;
reusing and recycling including deconstruction;
the repair, renovation, or rehabilitation of an existing infrastructure facility including, but not limited to, rail, mass transportation, ports, inland navigation, schools and hospitals;
transportation enhancements;
recreational trails improvements, including those that enable alternative means of transportation and ensure safe use;
transformation of military bases affected by the Base Realignment and Closing process (BRAC) to green the space;
tree planting and reforestation;
renewable resource enhancement; and
assisting in emergency operations, such as disaster prevention and relief; and
provide opportunities for youth and young adults, especially disadvantaged youth, to be trained for careers related to the activities listed in paragraph (1), including those that will be part of the emerging field of “green collar” jobs.
Goals of the Energy Conservation Corps
The goals of the Energy Conservation Corps are to—
promote clean energy use and preserve, protect, and sustain the environment;
provide young adults with opportunities to become better citizens, students and workers through meaningful service to their communities and the nation;
mobilize youth and young adults, especially disadvantaged youth, to promote energy conservation and mitigate threats to the environment; and
provide a pathway to responsible adulthood and productive, unsubsidized employment in the private sector.
Training and education services
All applicants must describe how they intend to—
assess the skills of Corpsmembers;
provide life skills and work skills training;
provide training and education;
develop agreements for academic study with—
local education agencies;
community colleges;
4-year colleges;
area charter high schools and vocational-technical schools; and
community-based organizations;
provide career and educational guidance; and
Recruit participants without high school diplomas.
Preference for certain projects
In the consideration of applications the Corporation shall give preference to programs that are discrete and—
meet an identifiable public need;
instill a work ethic and a sense of public service in the participants;
involve youth operating in crews or a team-based structure; and
enhance skills development and educational level and opportunities for the participants.
Participants
In general
Age enrollment in programs that receive assistance under this subtitle shall be limited to individuals who, at the time of enrollment, are not less than 18 years nor more than 25 years of age, except that summer programs may include individuals not less than 14 years or more than 21 years of age at the time of the enrollment of such individuals.
Participation of disadvantaged youth
Programs that receive assistance under this subtitle shall ensure that at least 50 percent of the participants are economically disadvantaged youth.
Special Corpsmembers
Notwithstanding subsection (a) of this section, program agencies may enroll a limited number of special Corpsmembers over age 25 so that the Energy Conservation Corps may draw on their special skills to fulfill the purposes of this subtitle.
Use of volunteers
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.
Cooperation among States for emergency response
Agreements between States
States operating an Energy Conservation Corps may enter into a compact with participating states to provide for mutual cooperation to manage any emergency or disaster that is duly declared by the affected state.
Participating State responsibilities
The authorized representative of a participating state may request assistance of another party by contracting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives.
There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans, and resource records relating to emergency capabilities.
Federal share
The federal share of the cost of carrying out an Energy Conservation Corps program for which a grant is made under this subtitle is 76 percent of the total cost of the program.
Best practices
Training and technical assistance
The Corporation shall provide technical assistance to grantees that request assistance and shall disseminate best practices that emerge from the Energy Conservation Corps.
Contract
In providing training and technical assistance, the Corporation shall contract with a national organization with a proven track record of developing and sustaining Corps, working with the Conservation Corps model, and engaging young people from disadvantaged backgrounds.
Authorization of appropriations
In general
There are authorized to be appropriated such sums as may be necessary for fiscal years 2008 through 2010 to achieve the purposes of this subtitle.
Allocation
Of the amounts appropriated to carry out this subtitle for each fiscal year—
90 percent shall be for grants to eligible entities;
5 percent shall be technical assistance, and dissemination of best practices; and
5 percent shall be for evaluation.
Learn and Serve America
In general
To promote Learn and Serve programs that have the potential to reach every student in our public education network and private schools through school-based green service-learning, the Corporation shall establish a competitive grant program for the creation or expansion of such service learning programs.
Application
To be eligible to receive a grant under this section, a State Education Agency, Local education Agency, or nonprofit organization shall submit an application with such information and in such time as the Corporation may require.
Authorization of appropriations
For this purpose, there are authorized to be appropriated $10,000,000 for fiscal year 2009 and such sums as may be necessary thereafter.
National Senior Service Corps
In general
To promote National Senior Service Corps programs that have the potential to both involve seniors in providing meaningful volunteer opportunities the Corporation shall establish a competitive grant program for the creation or expansion of National Senior Service Corps programs that—
make effective use of the talents and experience of seniors, particularly baby boomers, in programs and projects involving seniors in the improvement of the energy efficiency of housing for elderly and low-income people;
building or helping to supervise energy-efficient “green” housing for elderly and low-income people; the repair, renovation, or rehabilitation of an existing infrastructure facility including, but not limited to, rail, mass transportation, ports, inland navigation, schools and hospitals; transportation enhancements; recreational trails improvements, including those that enable alternative means of transportation and ensure safe use;
volunteering in schools to teach or other support environmental education and energy conservation education for elementary and secondary school students and the public; and
assisting in such other activities as the National Senior Service Corps may identify.
Eligibility
To be eligible to receive a grant under this section, a program in the National Senior Service Corps shall submit an application with such information and in such time as the Corporation may require.
Authorization
For this purpose, there is authorized to be appropriated $10,000,000 for fiscal year 2009 and such sums as may be necessary thereafter.
Training and Technical Assistance
Training and technical assistance
Title I is further amended by adding at the end the following new subtitle:
Training and Technical Assistance
Training and technical assistance
In general
The Corporation shall conduct, either directly or through grants, contracts, or cooperative agreements, including through State Commissions on National and Community Service, appropriate training and technical assistance to—
programs receiving assistance under the national service laws; and
entities (particularly those in rural areas and underserved communities)—
that desire to carry out or establish national service programs;
that desire to apply for assistance under the national service laws; or
that desire to apply for a subgrant under the national service laws.
Activities included
Such training and technical assistance activities may include—
providing technical assistance to those applying to carry out national service programs or those carrying out national service programs;
promoting leadership development in national service programs;
improving the instructional and programmatic quality of national service programs;
developing the management and budgetary skills of those operating or overseeing national service programs, including to increase the cost effectiveness of the programs under the national service laws;
providing for or improving the training provided to the participants in programs under the national service laws;
facilitating the education of national service programs in risk management procedures, including the training of participants in appropriate risk management practices;
training of those operating or overseeing national service programs in volunteer recruitment, management, and retention to improve the abilities of such individuals to use participants and other volunteers in an effective manner which results in high quality service and the desire of participants or volunteers to continue to serve in other capacities after the program is completed;
training of those operating or overseeing national service programs in program evaluation and performance measures to inform practices to augment the capacity and sustainability of the program;
training of those operating or overseeing national service programs to effectively accommodate people with disabilities to increase the participation of people with disabilities in national service programs. Such activities may utilize funding from the reservation of funds to increase the participation of individuals with disabilities as described in section 129(k);
establishing networks and collaboration among employers, educators, and other key stakeholders in the community to further leverage resources to increase local participation and to coordinate community-wide planning and service;
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; and
carrying out such other activities as the Chief Executive Officer determines to be appropriate.
Priority
The Corporation shall give priority to programs under the national service laws and those entities wishing to establish programs under the national service laws seeking training or technical assistance that—
seek to carry out (as defined in section 101) high quality programs where the services are needed most;
seek to carry out (as defined in section 101) high quality programs where national service programs do not currently exist or where the programs are too limited to meet community needs;
seek to carry out (as defined in section 101) high quality programs that focus on and provide service opportunities for underserved rural and urban areas and populations; and
assist programs in developing a service component that combines students, out-of-school youths, and older adults as participants to provide needed community services.
.
Repeal of Title III (Points of Light Foundation)
Repeal
Title III (42 U.S.C. 12661 et seq.) is repealed.
Amendments to Title V (Authorization of Appropriations)
Authorization of appropriations
Section 501 (42 U.S.C. 12681) is amended to read as follows:
Authorization of appropriations
Title I
Subtitle b
In general
There are authorized to be appropriated to provide financial assistance under subtitle B of title I—
$65,000,000 for fiscal year 2008; and
such sums as may be necessary for each of fiscal years 2009 through 2012.
Programs
Of the amount appropriated under subparagraph (A) for a fiscal year—
not more than 60 percent shall be available to provide financial assistance under part I of subtitle B of title I;
not more than 25 percent shall be available to provide financial assistance under part II of such subtitle; and
not less than 15 percent shall be available to provide financial assistance under part III of such subtitle.
Summer of service
Of the amount appropriated under subparagraph (A) for a fiscal year, up to $10,000,000 shall be for summer of service grants and up to $10,000,000 shall be deposited in the National Service Trust to support summer of service educational awards, consistent with section 118(c)(8).
Subtitles c, d, and h
In general
There are authorized to be appropriated to provide financial assistance under subtitles C and H of title I, to administer the National Service Trust and disburse national service educational awards and scholarships under subtitle D of title I, and to carry out such audits and evaluations as the Chief Executive Officer or the Inspector General of the Corporation may determine to be necessary, $485,000,000 for fiscal year 2008, and such sums as may be necessary for each of fiscal years 2009 through 2012.
Programs
Of the amount appropriated under subparagraph (A) for a fiscal year, up to 15 percent shall be made available to provide financial assistance under subsections (b) and (c) of section 126, and under subtitle H of title I.
Subtitle c
Of the amount appropriated under subparagraph (A), the following amounts shall be made available to provide financial assistance under section 121 of subtitle C of title I:
For fiscal year 2008, not more than $324,000,000.
For fiscal year 2009, not more than $357,000,000.
For fiscal year 2010, not more than $397,000,000.
For each of fiscal years 2011 through 2012, such sums as may be necessary.
Priority
Notwithstanding any other provision of this Act, in obligating the amounts made available pursuant to the authorization of appropriations in subparagraph (C), priority shall be given to programs carried out 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), as a consequence of Hurricanes Katrina and Rita.
Subtitle e
There are authorized to be appropriated to operate the National Civilian Community Corps and provide financial assistance under subtitle E of title I, $25,000,000 for fiscal year 2008 and such sums as may be necessary for each of fiscal years 2009 through 2012.
Administration
In general
There are authorized to be appropriated for the administration of this Act, including financial assistance under sections 126(a) and 196B, $51,000,000 for fiscal year 2008 and such sums as may be necessary for each of fiscal years 2009 through 2012.
Corporation
Of the amounts appropriated under subparagraph (A) for a fiscal year—
up to 69 percent shall be made available to the Corporation for the administration of this Act, including to provide financial assistance under section 196B; and
the remainder shall be available to provide financial assistance under section 126(a).
Training and technical assistance
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 up to 2.5 percent to carry out subtitle J of this Act. Notwithstanding subsection (b), amounts so reserved shall be available only for the fiscal year for which they are reserved.
Availability of Appropriations
Funds appropriated under this section shall remain available until expended.
.
AMENDMENTS TO THE DOMESTIC VOLUNTEER SERVICE ACT OF 1973
References
Except as otherwise specifically provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of a provision, the reference shall be considered to be made to a provision of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.).
Amendments to Title I (National Volunteer Antipoverty Programs)
Purpose
Section 2 (42 U.S.C. 4950) is amended—
in subsection (a),
by striking both young and older citizens
and inserting
citizens of all ages and backgrounds
; and
in subsection (b),
by striking local agencies
and all that follows through the
period at the end and inserting local agencies, expand relationships
with, and support for, the efforts of civic, community, and educational
organizations, and utilize the energy, innovative spirit, experience, and
skills of all Americans.
.
Purpose of the VISTA program
Section 101 (42 U.S.C. 4951) is amended—
in the second
sentence, by striking afflicted with
and inserting
affected by
; and
in the third
sentence, by striking local level
and all that follows through
the period at the end and inserting local level, to support efforts by
local agencies and organizations to achieve long-term sustainability of
projects, consistent with section 186 of the National and Community Service Act
of 1990, initiated or expanded under the VISTA program activities, and to
strengthen local agencies and community organizations to carry out the purpose
of this part.
.
Applications
Section 103 (42 U.S.C. 4953) is amended—
in subsection (a)—
in paragraph (1),
by inserting the Commonwealth of the Northern Mariana Islands,
after American Samoa,
; and
in paragraph (2)—
by
striking handicapped
and inserting disabled
;
and
by
striking handicaps
and inserting
disabilities
;
in paragraph (3),
by striking jobless, the hungry, and low-income
and inserting
unemployed, the hungry, and low-income
;
in paragraph (4),
by striking prevention, education,
and inserting through
prevention, education, rehabilitation, and treatment,
;
in paragraph (5),
by inserting , mental illness,
after
including
;
in paragraph (6),
by striking ; and
and inserting a semicolon;
in paragraph (7), by striking the period and inserting a semicolon; and
by adding at the end the following new paragraphs:
in the re-entry and re-integration of formerly incarcerated youth and adults into society, including life skills training, employment training, counseling, educational training, and educational counseling;
in developing and carrying out financial literacy, financial planning, budgeting, savings, and reputable credit accessibility programs in low-income communities, including those programs which educate on financing home ownership and higher education;
in initiating and supporting before-school and after-school programs servicing children in low-income communities that may engage participants in mentoring relationships, tutoring, life skills, or study skills programs, service-learning, physical, nutrition, and health education programs, including programs aimed at fighting childhood obesity, and other activities addressing the needs of the community’s children;
in establishing and supporting community economic development initiatives, including micro-enterprises, with a priority on such programs in rural areas and other areas where such programs are needed most;
in assisting veterans and their families through establishing or augmenting programs which assist such persons with access to legal assistance, health care (including mental health), employment counseling or training, education counseling or training, affordable housing, and other support services; and
in addressing the health and wellness of low-income and underserved communities, including programs to increase access to preventive services, insurance, and health care.
;
in subsection (b)—
in paragraph (1),
by striking recruitment and placement procedures
and inserting
placement procedures that involve sponsoring organizations
and
;
in paragraph (2)—
in subparagraph (A)—
strike
related to the recruitment and
and insert related to
the
;
strike in
conjunction with the recruitment and
and insert in conjunction
with the
; and
strike
1993. Upon
and all that follows through the period at the end
and insert 1993.
;
in
subparagraph (B), by striking central information system that shall, on
request, promptly provide
and inserting database that
provides
; and
in subparagraph (C)—
by striking
timely and effective
and inserting timely and
cost-effective
; and
by striking
the recruitment of volunteers
and inserting recruitment
and management of volunteers
; and
in paragraph (3), by adding at the end the following:
The Director shall give priority to—
disadvantaged youth (as defined in section 101 of the National and Community Service Act of 1990) and low-income adults; and
retired adults of any profession, but with an emphasis on those professions whose services and training are most needed in a community, such as the health care professions, teaching, counseling, and engineering and other professions requiring a high level of technical and project management skills, to utilize their experience, including professional skills, in the VISTA program.
;
in paragraph
(5)(B), by striking information system
and inserting
database
;
in subsection (c)—
in paragraph (1)—
in
the matter preceding subparagraph (A), by striking personnel described
in subsection (b)(2)(C)
and inserting personnel described in
subsection (b)(2)(C), sponsoring organizations, and the Office of Outreach and
Recruitment
;
in
subparagraph (A), by inserting the Internet and related
technologies,
after television,
;
in
subparagraph (B), by inserting Internet and related
technologies,
after through the
;
in
subparagraph (C), by inserting after senior citizens
organizations,
the following: offices of economic development,
State employment security agencies, employment offices,
;
in
subparagraph (F), by striking National and Community Service Trust Act
of 1993
and inserting National and Community Service Act of
1990
; and
in
subparagraph (G), by striking , on request,
;
in paragraph (3),
by striking this subsection
and inserting this subsection
and related public awareness and recruitment activities under the national
service laws and through the Office of Outreach and Recruitment
;
and
in paragraph (4)—
by
striking Beginning
and all that follows through for the
purpose
and inserting For the purpose
; and
by
striking 1.5 percent
and inserting 2
percent
;
by amending the
second sentence of subsection (d) to read as follows: Whenever feasible,
such efforts shall be coordinated with an appropriate local workforce
investment board established under section 117 of the Workforce Investment Act
of 1998.
;
in
subsection (g) by striking and has been submitted to the
Governor
and all that follows and inserting a period; and
by adding at the end the following:
The Director may enter into agreements under which public and private nonprofit organizations, with sufficient financial capacity and size, pay for all or a portion of the costs of supporting the service of volunteers under this title, consistent with the provisions of section 186 of the National and Community Service Act of 1990.
.
VISTA programs of national significance
Part A of title I is amended by inserting after section 103 (42 U.S.C. 4953) the following:
VISTA programs of national significance
In general
With not less than one-third of the funds made available under subsection (d) in each fiscal year, the Director shall make grants for VISTA positions to support programs of national significance. Each program for which a grant is received under this subsection shall be carried out in accordance with the requirements applicable to that program.
Activities supported
The Director shall make grants under subsection (a) to support one or more of the following programs to address problems that concern low-income and rural communities in the Nation:
In the re-entry and re-integration of formerly incarcerated youth and adults into society, including life skills training, employment training, counseling, educational training, and educational counseling.
In developing and carrying-out financial literacy, financial planning, budgeting, savings, and reputable credit accessibility programs in low-income communities, including those programs which educate on financing home ownership and higher education.
In initiating and supporting before-school and after-school programs in low-income communities that may include such activities as establishing mentoring relationships, physical education, tutoring, instruction in 21st century thinking skills, life skills, and study skills, community service, service-learning, nutrition and health education, and other activities aimed at keeping children, safe, educated, and healthy, which serve the children in such community.
In establishing and supporting community economic development initiatives, including micro-enterprises, with a priority on such programs in rural areas and areas where such programs are needed most.
In assisting veterans and their families through establishing or augmenting programs which assist such persons with access to legal assistance, health care (including mental health), employment counseling or training, education counseling or training, affordable housing, and other support services.
In addressing the health and wellness of low-income and underserved communities across our Nation, including programs to fight childhood obesity through nutrition, physical fitness, and other associated life skills education programs and programs to increase access to preventive services, insurance, and health care.
Requirements
Eligibility
In order to receive a grant under subsection (a), an applicant shall submit an application to the Director at such time and in such manner as the Director requires and receive approval of the application. Such application shall, at a minimum, demonstrate to the Director a level of expertise in carrying out such a program.
Supplement not supplant
Funds made available under subsection (d) shall be used to supplement and not supplant the number of VISTA volunteers engaged in programs addressing the problem for which such funds are awarded unless such sums are an extension of funds previously provided under this title.
Funding
In general
From the amounts appropriate under section 501 for each fiscal year there shall be available to the Director such sums as may be necessary to make grants under subsection (a).
Limitation
No funds shall be made available to the Director to make grants under subsection (a) unless the amounts appropriated under section 501 available for such fiscal year to carry out part A are sufficient to maintain the number of projects and volunteers funded under part A in the preceding fiscal year.
Information
The Director shall widely disseminate information on grants that may be made under this section, including through the Office of Outreach and Recruitment and other volunteer recruitment programs being carried out by public or private non-profit organizations.
.
Terms and periods of service
Section 104(d) (42 U.S.C. 4954(d)) is amended—
in the first
sentence, by striking with the terms and conditions of their
service.
and inserting with the terms and conditions of their
service or any adverse action, such as termination, proposed by the sponsoring
organization. The procedure shall provide for an appeal to the Director of any
proposed termination.
; and
in the third
sentence (as amended by this section), by striking and the terms and
conditions of their service
.
Support Service
Section 105(a)(1)(B)
(42 U.S.C. 4955(a)(1)(B)) is amended by striking Such stipend
and all that follows through in the case of persons
and
inserting Such stipend shall be set at a minimum of $125 per month and a
maximum of $150 per month, subject to the availability of funds to accomplish
such a maximum. The Director may provide a stipend of $250 per month in the
case of persons
.
Sections repealed
The following provisions are repealed:
VISTA literacy corps
Section 109 (42 U.S.C. 4959).
University year for VISTA
Part B of title I (42 U.S.C. 4971 et seq.).
Literacy challenge grants
Section 124 (42 U.S.C. 4995).
Conforming amendment
Section 121 (42
U.S.C. 4991) is amended in the second sentence by striking
situations
and inserting organizations
.
Financial assistance
Section 123 (42 U.S.C. 4993) is amended—
in the section
heading by striking TECHNICAL AND
; and
by striking
technical and
.
Amendments to Title II (National Senior Volunteer Corps)
Change in name
Title II (42 U.S.C. 5000
et seq.) is amended in the title heading by striking NATIONAL SENIOR VOLUNTEER
CORPS
and inserting NATIONAL SENIOR SERVICE
CORPS
.
Purpose
Section 200 (42 U.S.C. 5000) is amended to read as follows:
Statement of purpose
It is the purpose of this title to provide—
opportunities for senior service to meet unmet local, State, and national needs in the areas of education, public safety, emergency and disaster preparedness, relief, and recovery, health and human needs, and the environment;
for the National Senior Service Corps, comprised of the Retired and Senior Volunteer Program, the Foster Grandparent Program, and the Senior Companion Program, and demonstration and other programs to empower people 55 years of age or older to contribute to their communities through service, enhance the lives of those who serve and those whom they serve, and provide communities with valuable services;
opportunities for people 55 years of age or older, through the Retired and Senior Volunteer Program, to share their knowledge, experiences, abilities, and skills for the betterment of their communities and themselves;
opportunities for low-income people 55 years of age or older, through the Foster Grandparents Program, to have a positive impact on the lives of children in need;
opportunities for low-income people 55 years of age or older, through the Senior Companion Program, to provide critical support services and companionship to adults at risk of institutionalization and who are struggling to maintain a dignified independent life; and
for research, training, demonstration, and other program activities to increase and improve opportunities for people 55 years of age or older to meet unmet needs, including those related to public safety, public health, and emergency and disaster preparedness, relief, and recovery, in their communities.
.
Grants and contracts for volunteer service projects
Section 201 (42 U.S.C. 5001) is amended—
in subsection (a)—
in the matter
preceding paragraph (1), by striking avail themselves of opportunities
for volunteer service in their community
and inserting share
their experiences, abilities, and skills for the betterment of their
communities and themselves through service
;
in paragraph (2),
by striking , and individuals 60 years of age or older will be given
priority for enrollment,
;
in paragraph (3)
by inserting either prior to or during the volunteer service
after may be necessary
; and—
by striking paragraph (4) and inserting the following:
the project is being designed and implemented with the advice of experts in the field of service to be delivered as well as with those who have expertise in the recruitment and management of volunteers, particularly those of the Baby Boom generation.
;
by amending subsection (c) to read as follows:
The Director shall give priority to projects—
utilizing retired scientists, technicians, engineers, and mathematicians (the STEM professionals) to improve Science, Technology, Engineering, and Mathematics (STEM) education through activities such as assisting teachers in classroom demonstrations or laboratory experiences, running after-school, weekend, or summer programs designed to engage disadvantaged youth (as defined in section 101 of the National and Community Service Act of 1990) or low-income, minority youth in the STEM fields and to improve mastery of the STEM content, providing field trips to businesses, institutions of higher education, museums, and other locations where the STEM professions are practiced or illuminated;
utilizing retired health care professionals to improve the health and wellness of low income or rural communities;
utilizing retired criminal justice professionals for programs designed to prevent disadvantaged youth (as defined in section 101 of the National and Community Service Act of 1990) from joining gangs or committing crimes;
utilizing retired military and emergency professionals for programs to improve public safety, emergency and disaster preparedness, relief, and recovery, search and rescue, and homeland security efforts; and
utilizing retired computer science professionals, technicians of related technologies, business professionals, and others with relevant knowledge to increase, for low income individuals and families, access to and obtaining the benefits from computers and other existing and emerging technologies.
; and
by adding at the end the following:
Competitive grant awards required
In general
Effective for fiscal year 2013 and each fiscal year thereafter, each grant or contract awarded under this section in such a year shall be—
awarded for a period of 3 years; and
awarded through a competitive process.
Elements of competitive process
The competitive process required by paragraph (1)(B)—
shall include the use of a peer review panel, including members with expertise in senior service and aging;
shall ensure that—
the resulting grants (or contracts) support no less than the volunteer service years of the previous grant (or contract) cycle in a given geographic service area;
the resulting grants (or contracts) maintain a similar program distribution; and
every effort is made to minimize the disruption to volunteers; and
shall include the performance measures, outcomes, and other criteria established under subsection (f).
Establishment of competitive process
The Corporation shall establish and make available the competitive process required by paragraph (1)(B) no later than 18 months after the date of the enactment of this subsection. The Corporation shall consult with the program directors of the Retired Senior Volunteer Program during development and implementation of the competitive process.
Evaluation process required
In general
Notwithstanding section 412, and effective beginning 180 days after the date of the enactment of this subsection, each grant or contract under this section that expires in fiscal year 2010, 2011, and 2012 shall be subject to an evaluation process. The evaluation process shall be carried out, to the maximum extent practicable, in fiscal year 2009, 2010, and 2011, respectively.
Elements of evaluation process
The evaluation process required by paragraph (1)—
shall include performance measures, outcomes, and other criteria; and
shall evaluate the extent to which the recipient of the grant or contract meets or exceeds such performance measures, outcomes, and other criteria.
Establishment of evaluation process
The Corporation shall, in collaboration and consultation with program directors of the Retired Senior Volunteer Program, establish and make available the evaluation process required by paragraph (1), including the performance measures, outcomes, and other criteria required by paragraph (2)(A), with particular attention to the different needs of rural and urban programs. The processes shall be established and made available, including notification of the available training and technical assistance, no later than 180 days after the date of the enactment of this subsection.
Effect of failing to meet performance measures
If the evaluation process determines that the recipient has failed to meet or exceed the performance measures, outcomes, and other criteria established under this subsection, the grant or contract shall not be renewed. Any successor grant or contract shall be awarded through the competitive process described in subsection (e)(1).
Special rule
The Corporation may continue to fund a program which has failed to meet or exceed the performance measures, outcomes, and other criteria established under this subsection for up to 12 months if competition does not result in a successor grant or contract for such program, in order to minimize the disruption to volunteers and disruption of services. In such a case, outreach shall be conducted and a new competition shall be established. The previous recipient shall remain eligible for the new competition.
Performance measures
In general
The performance measures, outcomes, and other criteria established under this subsection may be updated or modified as necessary, in consultation with program directors for the Retired Senior Volunteer Program, but no earlier than fiscal year 2013.
Operational problems
Effective for fiscal years before fiscal year 2013, the Corporation may, after consulting with program directors of the Retired Senior Volunteer Program, determine that a performance measure, outcome, or criterion established under this subsection is operationally problematic, and may, in consultation with program directors of the Retired Senior Volunteer Program and after notifying the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate—
eliminate the use of that performance measure, outcome, or criterion; or
modify that performance measure, outcome, or criterion as necessary to render it no longer operationally problematic.
Online resource guide
The Corporation shall develop and disseminate an online resource guide for the Retired Senior Volunteer Program within 180 days after the date of the enactment of this subsection, which shall include, but not be limited to—
examples of high performing programs;
corrective actions for underperforming programs; and
examples of meaningful outcome-based performance measures that capture a program’s mission and priorities.
Report to congress
The Corporation shall submit, by 2012, to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on—
the number of programs that did not meet or exceed the established performance measures, outcomes, and other criteria established under subsection (f);
the number of new grants awarded;
the challenges to the implementation of evaluation and competition, including but not limited to geographic distribution and the minimization of disruption to volunteers; and
how the current program geographic distribution affects recruitment for the Retired Senior Volunteer Program.
.
Foster Grandparent Program grants
Section 211 (42 U.S.C. 5011) is amended—
in subsection (a),
by striking low-income persons aged sixty or over
and inserting
low-income and other persons aged 55 or over
;
in subsection (b)—
in paragraph (1)—
in
the matter preceding subparagraph (A), by striking shall have the
exclusive authority to determine, pursuant to the provisions of paragraph (2)
of this subsection—
and inserting may determine—
;
in
subparagraph (A), by striking and
;
in
subparagraph (B), by striking the period and inserting ; and
;
and
by adding after subparagraph (B) the following:
whether it is in the best interests of a child receiving, and of a particular foster grandparent providing, services in such a project, to continue such relationship after the child reaches the age of 21, if such child was receiving such services prior to attaining the age of 21.
;
by striking paragraph (2); and
by redesignating paragraph (3) as paragraph (2);
in paragraph (2)
(as redesignated by this section), by striking paragraphs (1) and
(2)
and inserting paragraph (1)
;
by adding after paragraph (2) (as redesignated by this section) the following:
If an assignment of a foster grandparent is suspended or discontinued, the replacement of that foster grandparent shall be determined through the mutual agreement of all parties involved in the provision of services to the child.
;
in subsection (d),
in the second sentence, by striking Any stipend
and all that
follows through inflation,
and inserting Any stipend or
allowance provided under this part shall not exceed 75 percent of the minimum
wage under section 6 the Fair Labor Standards Act of 1938 (29 U.S.C. 206), and
the Federal share shall not be less than $2.65 per hour, provided that the
Director shall adjust the Federal share once prior to December 31, 2012, to
account for inflation,
;
in subsection (e)—
in paragraph (1),
by striking 125
and inserting 200
; and
in paragraph (2),
by striking , as so adjusted
and all that follows through
local situations
;
by striking subsection (f) and inserting:
Subject to the restrictions in paragraph (3), individuals who are not low-income persons may serve as volunteers under this part. The regulations issued by the Director to carry out this part (other than regulations relating to stipends or allowances to individuals authorized by subsection (d)) shall apply to all volunteers under this part, without regard to whether such volunteers are eligible to receive a stipend or allowance under subsection (d).
Except as provided under paragraph (1), each recipient of a grant or contract to carry out a project under this part shall give equal treatment to all volunteers who participate in such project, without regard to whether such volunteers are eligible to receive a stipend or allowance under subsection (d).
An individual who is not a low-income person may not become a volunteer under this part if allowing that individual to become a volunteer under this part would prevent a low-income person from becoming a volunteer under this part or would displace a low-income person from being a volunteer under this part.
The Office of Outreach and Recruitment shall conduct outreach to ensure the inclusion of low-income persons in programs and activities authorized under this title.
; and
by adding at the end the following new subsections:
The Director may also provide a stipend or allowance in an amount not to exceed 10 percent more than the amount established under subsection (d) to leaders who, on the basis of past experience as volunteers, special skills, and demonstrated leadership abilities, may coordinate activities, including training, and otherwise support the service of volunteers under this part.
The program may
accept up to 15 percent of volunteers serving in a project under this part for
a fiscal year who do not meet the definition of low-income
under
subsection (e), upon certification by the recipient of a grant or contract that
it is unable to effectively recruit and place low-income volunteers in the
number of placements approved for the
project.
.
Senior Companion Program grants
Section 213 (42 U.S.C. 5013) is amended—
in subsection (a),
by striking low-income persons aged 60 or over
and inserting
low-income and other persons aged 55 or over
;
in subsection (b),
by striking Subsections (d), (e), and (f)
and inserting
Subsections (d) through (h)
; and
by striking subsection (c)(2)(B) and inserting the following:
Senior companion volunteer trainers and leaders may receive a stipend or allowance consistent with subsection (g) authorized under subsection (d) of section 211, as approved by the Director.
.
Promotion of National Senior Service Corps
Section 221 (42 U.S.C. 5021) is amended—
in
the section heading, by striking volunteer
and inserting
service
; and
in
subsection (b)(2), by inserting of all ages and backgrounds living in
rural, suburban, and urban localities
after greater
participation of volunteers
.
Technical amendments
Change in Age Eligibility
Section 223 (42 U.S.C. 5023) is amended by striking
sixty years and older from minority groups
and inserting
55 years and older from minority and underserved
populations
.
Name Change
Section 224 (42 U.S.C. 5024) is amended in the heading by
striking volunteer
and inserting
service
.
Programs of national significance
Section 225 (42 U.S.C. 5025) is amended—
in subsection (a)—
by amending paragraph (2) to read as follows:
Applicants for grants under paragraph (1) shall determine which program under part A, B, or C the program shall be carried out and submit an application as required for programs under part A, B, or C.
; and
by adding at the end the following:
The Director shall ensure that at least 50 percent of the grants made under this section are from applicants currently not receiving assistance from the Corporation and when possible in locations where there are no current programs under part A, B, C in existence.
;
in subsection (b)—
in paragraph (1),
by inserting before the period at the end the following: or Alzheimer’s
disease, with an intent of allowing those served to age in
place
;
in paragraph (2),
by inserting before the period at the end the following: through
education, prevention, treatment, and rehabilitation
;
in paragraph (3),
by inserting before the period at the end the following: , including
programs that teach parenting skills, life skills, and family management
skills
;
by amending paragraph (4) to read as follows:
Programs that establish and support mentoring programs for disadvantaged youth (as defined in section 101 of the National and Community Service Act of 1990), including those mentoring programs that match youth with volunteer mentors leading to apprenticeship programs and employment training.
;
in paragraph (5),
by inserting before the period at the end the following: , including
those programs that serve youth and adults with limited English
proficiency
;
in paragraph (6),
by striking and
and all that follows through the period and
insert and for individuals and children with disabilities or chronic
illnesses living at home.
;
in paragraph (7),
by striking after-school activities
and all that follows through
the period at the end and inserting after-school programs serving
children in low-income communities that may engage participants in mentoring
relationships, tutoring, life skills or study skills programs,
service-learning, physical, nutrition, and health education programs, including
programs aimed at fighting childhood obesity, and other activities addressing
the needs of the community’s children, including those of working
parents.
;
by striking paragraphs (8), (9), (12), (13), (14), (15), (16), and (18);
by redesignating paragraphs (10) and (11) as paragraphs (8) and (9), respectively;
by inserting after paragraph (9) (as so redesignated) the following:
Programs that engage older adults with children and youth to complete service in energy conservation, environmental stewardship, or other environmental needs of a community.
Programs that collaborate with criminal justice professionals and organizations in prevention programs aimed at disadvantaged youth (as defined in section 101 of the National and Community Service Act of 1990) or youth re-entering society after incarceration and their families, which may include mentoring and counseling, which many include employment counseling.
;
by redesignating paragraph (17) as paragraph (12); and
by adding at the end the following:
Programs that strengthen community efforts in support of homeland security.
;
in subsection
(c)(1), by striking shall demonstrate to the Director
and all
that follows through the period at the end and inserting shall
demonstrate to the Director a level of expertise in carrying out such a
program.
; and
in subsection (e)—
by inserting
widely
before disseminate
; and
by striking
to field personnel
and all that follows through the period at
the end and inserting , including through the Office of Outreach and
Recruitment and other volunteer recruitment programs being carried out by
public or private non-profit organizations.
.
Additional provisions
Part D of title II (42 U.S.C. 5000 et seq.) is amended by adding after section 227 the following:
Continuity of service
To ensure the continued service of individuals in communities served by the Retired and Senior Volunteer Program prior to enactment of this section, in making grants under this title the Corporation shall take actions it considers necessary to maintain service assignments for such seniors and to ensure continuity of service for communities.
Acceptance of donations
In general
Except as provided in subsection (b), a program receiving assistance under this title may accept donations, including donations in cash or in kind.
Exception
Notwithstanding subsection (a), a program receiving assistance under this title shall not accept donations from the beneficiaries of the program.
.
Authority of Director
Section 231 (42 U.S.C. 5028) is amended—
by amending subsection (a) to read as follows:
In general
Activities authorized
The Director is authorized to—
make grants to or enter into contracts with public or nonprofit organizations, including organizations funded under part A, B, or C, for the purposes of demonstrating innovative activities involving older Americans as volunteers; and
make incentive grants under subsection (d).
Support of volunteers
The Director may support under this part both volunteers receiving stipends and volunteers not receiving stipends.
;
in subsection (b)—
in the matter preceding paragraph (1), by
striking subsection (a)
and inserting subsection
(a)(1)(A)
;
in paragraph (1),
by striking activities;
and inserting activities
described in section 225(b) and carried out through programs described in parts
A, B, and C;
; and
by striking paragraphs (2) and (3) and inserting the following:
programs that support older Americans in aging in place while augmenting the capacity of members of a community to serve each other through reciprocal service centers, service credit banking, community economic scripts, barter services, timebanking, and other similar programs where services are exchanged and not paid for; or
grants to non-profit organizations to establish sites or programs to—
assist retiring or retired individuals in locating opportunities for—
public service roles, including through paid or volunteer service;
participating in life-planning programs, including financial planning and issues revolving around health and wellness; and
continuing education, including leadership development, health and wellness, and technological literacy; and
connect retiring or retired individuals with members of the community to serve as leaders and mentors in life planning, relationships, employment counseling, education counseling, and other areas of expertise as developed by the retiring or retired adults.
; and
by adding at the end the following:
Priority
For purposes of subsection (b)(2), priority shall be given to—
programs with established experience in carrying out such a program and engaging the entire community in service exchange;
programs with the capacity to connect to similar programs throughout a city or region to augment the available services to older Americans and for members of the community to serve each other;
programs seeking to establish in an area where needs of older Americans are left unmet and older Americans are unable to consider aging in place without such service exchange in place; and
programs that integrate participants in or collaborate with service-learning programs, AmeriCorps State and National programs, the VISTA program, the Retired and Senior Volunteer Program, Foster Grandparents program, and the Senior Companion programs, and programs described in section 411 of the Older Americans Act of 1965 (42 U.S.C. 3032).
Incentive grants
The incentive grants referred to in subsection (a)(1)(B) are incentive grants to programs receiving assistance under this title, subject to the following:
Such grants (which may be fixed-amount grants) shall be grants in an amount equal to $300 per volunteer enrolled in the program, except that such amount shall be reduced as necessary to meet the goals of this section.
Such a grant shall be awarded to a program only if the program—
exceeds performance measures established under section 179 of the National and Community Service Act of 1990;
provides non-Federal matching funds in an amount that is not less than 50 percent of the amount received by the program under this title;
enrolls more than 50 percent of the volunteers in outcome-based service programs with measurable objectives meeting community needs, as determined by the Corporation; and
enrolls more volunteers from among members of the Baby Boom generation, as defined in section 101 of the National and Community Service Act of 1990, than were enrolled in the program during the previous fiscal year.
For each such grant, the Corporation shall require the recipient to provide matching funds of 70 cents from non-Federal sources for every $1 provided under the grant.
Such a grant shall be awarded to a program only if the program submits, at such time and in such manner as the Corporation may reasonably require, an application that contains—
a demonstration that the program has met the requirements of paragraph (2);
if applicable, a plan for innovative programs as described in paragraph (6)(B)(ii);
a sustainability plan that describes how the program will maintain the activities described in paragraph (6) when the grant terminates; and
other information that the Corporation may require.
Such grants shall be awarded for a period of 3 years, except that the grant shall be reviewed by the Corporation at the end of the first and second fiscal years and revoked if the Corporation finds that the program has failed to continue to meet the requirements of paragraph (2) for those fiscal years.
Such grants—
shall be used to increase the number of volunteers in outcome-based service with measurable objectives meeting community needs as determined by the Corporation; and
may be used—
for activities for which the program is authorized to receive assistance under this title; and
for innovative programs focused on the Baby Boom generation, as defined in section 101 of the National and Community Service Act of 1990, that have been accepted by the Corporation through the application process in paragraph (4) and are outcome-based programs with measurable objectives meeting community needs as determined by the Corporation.
The Director shall, in making such grants, give high priority to programs receiving assistance under section 201.
.
Amendments to Title IV (Administration and Coordination)
Nondisplacement
Section 404(a) (42 U.S.C. 5044(a)) is
amended by striking displacement of employed workers
and
inserting displacement of employed workers or volunteers (other than
participants under the national service laws)
.
Notice and hearing procedures
Section 412(a) (42 U.S.C. 5052(a)) is amended—
in paragraph (2)—
by striking
75
and inserting 60
; and
by adding
and
at the end;
by striking paragraph (3); and
by redesignating paragraph (4) as (3).
Definitions
Section 421 (42 U.S.C. 5061) is amended—
in
paragraph (2), by inserting , the Commonwealth of the Northern Mariana
Islands,
after American Samoa,
;
in paragraph (13),
by striking National Senior Volunteer Corps
and inserting
National Senior Service Corps
; and
in paragraph (14)—
by striking
National Senior Volunteer Corps
and inserting National
Senior Service Corps
; and
by striking
parts A, B, C, and E of
;
Protection against improper use
Section
425 (42 U.S.C. 5065) is amended by striking National Senior Volunteer
Corps
and inserting National Senior Service
Corps
.
Amendments to Title V (Authorization of Appropriations)
Authorization of appropriations for VISTA and other purposes
Section 501 (42 U.S.C. 5081) is amended—
in subsection (a)—
in paragraph (1),
by striking , excluding section 109
and all that follows and
inserting $100,000,000 for fiscal year 2008 and such sums as may be
necessary for each of fiscal years 2009 through 2012.
;
by striking paragraphs (2) and (4) and redesignating paragraphs (3) and (5) as paragraphs (2) and (3); and
in paragraph (2)
(as redesignated by this section), by striking , excluding section
125
and all that follows and inserting such sums as may be
necessary for each of fiscal years 2008 through 2012.
; and
by striking subsection (e).
Authorization of appropriations for National Senior Service Corps
Section 502 (42 U.S.C. 5082) is amended to read as follows:
National Senior Service Corps
Retired and Senior Volunteer Program
There are authorized to be appropriated to carry out part A of title II, $67,500,000 for fiscal year 2008 and such sums as may be necessary for each of fiscal years 2009 through 2012.
Foster Grandparent Program
There are authorized to be appropriated to carry out part B of title II, $115,000,000 for fiscal year 2008 and such sums as may be necessary for each of fiscal years 2009 through 2012.
Senior Companion Program
There are authorized to be appropriated to carry out part C of title II, $52,000,000 for fiscal year 2008 and such sums as may be necessary for each of fiscal years 2009 through 2012.
Demonstration Programs
There are authorized to be appropriated to carry out part E of title II, $500,000 for fiscal year 2008 and such sums as may be necessary for each of fiscal years 2009 through 2012.
.
Administration and coordination
Section 504 (42 U.S.C. 5084) is amended to read as follows:
Administration and coordination
There are authorized to be appropriated for the administration of this Act $35,000,000 for fiscal year 2008 and such sums as may be necessary for each of fiscal years 2009 through 2012.
.
AMENDMENTS TO OTHER LAWS
Inspector General Act of 1978
Section
8F(a)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by
striking National and Community Service Trust Act of 1993
and
inserting National and Community Service Act of 1990
.
TECHNICAL AMENDMENTS TO TABLES OF CONTENTS
Table of contents for the National and Community Service Act of 1990
Section 1(b) of the National and Community Service Act of 1990 (42 U.S.C. 12501 note) is amended to read as follows:
Table of Contents
The table of contents for this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Sense of Congress.
TITLE I—NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
Subtitle A—General Provisions
Sec. 101. Definitions.
Subtitle B—School-Based and Community-Based Service-Learning Programs
Part I—Programs for Elementary and Secondary Students
Sec. 111. Assistance to States, Territories, and Indian tribes.
Sec. 112. Allotments.
Sec. 113. Applications.
Sec. 114. Consideration of applications.
Sec. 115. Participation of students and teachers from private schools.
Sec. 116. Federal, State, and local contributions.
Sec. 116A. Limitations on uses of funds.
Part II—Higher Education Innovative Programs for Community Service
Sec. 117. Higher education innovative programs for community service.
Part III—Innovative Service-Learning Programs and Research
Sec. 118. Innovative demonstration service-learning programs and research.
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. Types of national service programs eligible for program assistance.
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.
Part II—Application and Approval Process
Sec. 129. Provision of assistance and approved national service positions.
Sec. 129A. Education awards only research.
Sec. 130. Application for assistance and approved national service positions.
Sec. 131. National service program assistance requirements.
Sec. 132. Ineligible service categories.
Sec. 133. Consideration of applications.
Part III—National Service Participants
Sec. 137. Description of participants.
Sec. 138. Selection of national service participants.
Sec. 139. Terms of service.
Sec. 140. Living allowances for national service participants.
Sec. 141. National service educational awards.
Subtitle D—National Service Trust and Provision of National Service Educational Awards
Sec. 145. Establishment of the National Service Trust.
Sec. 146. Individuals eligible to receive a national service educational award from the Trust.
Sec. 147. Determination of the amount of the national service educational award.
Sec. 148. Disbursement of national service educational awards.
Sec. 149. Process of approval of national service positions.
Subtitle E—National Civilian Community Corps
Sec. 151. Purpose.
Sec. 152. Establishment of National Civilian Community Corps Program.
Sec. 153. National service program.
Sec. 154. Summer national service program.
Sec. 155. National Civilian Community Corps.
Sec. 156. Training.
Sec. 157. Service projects.
Sec. 158. Authorized benefits for Corps members.
Sec. 159. Administrative provisions.
Sec. 160. Status of Corps members and Corps personnel under Federal law.
Sec. 161. Contract and grant authority.
Sec. 162. Responsibilities of other departments.
Sec. 163. Advisory board.
Sec. 164. Annual evaluation.
Sec. 166. Definitions.
Subtitle F—Administrative Provisions
Sec. 171. Family and medical leave.
Sec. 172. Reports.
Sec. 173. Supplementation.
Sec. 174. Prohibition on use of funds.
Sec. 175. Nondiscrimination.
Sec. 176. Notice, hearing, and grievance procedures.
Sec. 177. Nonduplication and nondisplacement.
Sec. 178. State Commissions on National and Community Service.
Sec. 179. Evaluation.
Sec. 180. Engagement of participants.
Sec. 181. Contingent extension.
Sec. 182. Partnerships with schools.
Sec. 183. Rights of access, examination, and copying.
Sec. 184. Drug-free workplace requirements.
Sec. 185. Consolidated application and reporting requirements.
Sec. 186. Sustainability.
Sec. 187. Use of recovered funds.
Sec. 188. Expenses of attending meetings.
Sec. 189. Grant periods.
Sec. 189A. Generation of volunteers.
Sec. 189B. Limitation on program grant costs.
Sec. 189C. Audits and reports.
Subtitle G—Corporation for National and Community Service
Sec. 191. Corporation for National and Community Service.
Sec. 192. Board of Directors.
Sec. 192A. Authorities and duties of the Board of Directors.
Sec. 193. Chief Executive Officer.
Sec. 193A. Authorities and duties of the Chief Executive Officer.
Sec. 194. Officers.
Sec. 195. Employees, consultants, and other personnel.
Sec. 196. Administration.
Sec. 196A. Corporation State offices.
Sec. 196B. Office of Outreach and Recruitment.
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. 198B. Presidential awards for service.
Part II—Innovative and Model Program Support
Sec. 198D. Innovative and model program support.
Part III—National Service Programs Clearinghouse
Sec. 198E. National service programs clearinghouse.
Subtitle I—American Conservation and Youth Corps
Sec. 199. Short title.
Sec. 199A. General authority.
Sec. 199B. Limitation on purchase of capital equipment.
Sec. 199C. State application.
Sec. 199D. Focus of programs.
Sec. 199E. Related programs.
Sec. 199F. Public lands or Indian lands.
Sec. 199G. Training and education services.
Sec. 199H. Preference for certain projects.
Sec. 199I. Age and citizenship criteria for enrollment.
Sec. 199J. Use of volunteers.
Sec. 199K. Living allowance.
Sec. 199L. Joint programs.
Sec. 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.
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.
.
Table of contents for the Domestic Volunteer Service Act of 1973
Section 1(b) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 note) is amended to read as follows:
Table of Contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Volunteerism policy.
TITLE I—NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS
Part A—Volunteers in Service to America
Sec. 101. Statement of purpose.
Sec. 102. Authority to operate VISTA program.
Sec. 103. Selection and assignment of volunteers.
Sec. 103A. VISTA programs of national significance.
Sec. 104. Terms and periods of service.
Sec. 105. Support service.
Sec. 106. Participation of beneficiaries.
Sec. 107. Participation of younger and older persons.
Sec. 108. Limitation.
Sec. 110. Applications for assistance.
Part C—Special Volunteer Programs
Sec. 121. Statement of purpose.
Sec. 122. Authority to establish and operate special volunteer and demonstration programs.
Sec. 123. Financial assistance.
TITLE II—NATIONAL SENIOR SERVICE CORPS
Sec. 200. Statement of purpose.
Part A—Retired and Senior Volunteer Program
Sec. 201. Grants and contracts for volunteer service projects.
Part B—Foster Grandparent Program
Sec. 211. Grants and contracts for volunteer service projects.
Part C—Senior Companion Program
Sec. 213. Grants and contracts for volunteer service projects.
Part D—General Provisions
Sec. 221. Promotion of National Senior Service Corps.
Sec. 222. Payments.
Sec. 223. Minority group participation.
Sec. 224. Use of locally generated contributions in National Senior Service Corps.
Sec. 225. Programs of national significance.
Sec. 226. Adjustments to Federal financial assistance.
Sec. 227. Multiyear grants or contracts.
Sec. 228. Continuity of service.
Sec. 229. Acceptance of donations.
Part E—Demonstration Programs
Sec. 231. Authority of Director.
TITLE IV—ADMINISTRATION AND COORDINATION
Sec. 403. Political activities.
Sec. 404. Special limitations.
Sec. 406. Labor standards.
Sec. 408. Joint funding.
Sec. 409. Prohibition of Federal control.
Sec. 410. Coordination with other programs.
Sec. 411. Prohibition.
Sec. 414. Distribution of benefits between rural and urban areas.
Sec. 415. Application of Federal law.
Sec. 416. Evaluation.
Sec. 417. Nondiscrimination provisions.
Sec. 418. Eligibility for other benefits.
Sec. 419. Legal expenses.
Sec. 421. Definitions.
Sec. 422. Audit.
Sec. 423. Reduction of paperwork.
Sec. 424. Review of project renewals.
Sec. 425. Protection against improper use.
Sec. 426. Center for Research and Training.
TITLE V—AUTHORIZATION OF APPROPRIATIONS
Sec. 501. National volunteer antipoverty programs.
Sec. 502. National Senior Service Corps.
Sec. 504. Administration and coordination.
Sec. 505. Availability of appropriations.
TITLE VI—AMENDMENTS TO OTHER LAWS AND REPEALERS
Sec. 601. Supersedence of Reorganization Plan No. 1 of July 1, 1971.
Sec. 602. Creditable service for civil service retirement.
Sec. 603. Repeal of title VIII of the Economic Opportunity Act.
Sec. 604. Repeal of title VI of the Older Americans Act.
.
EFFECTIVE DATE
Effective date
Unless specifically provided otherwise, the amendments made by this Act shall take effect on the date of the enactment of this Act.
Service assignments and agreements
Service Assignments
Changes pursuant to this Act in the terms and conditions of terms of service and other service assignments under the national service laws (including the amount of the education award) shall apply only to individuals who enroll or otherwise begin service assignments after 90 days after the date of enactment of this Act, except when agreed upon by all interested parties.
Agreements
Changes pursuant to this Act in the terms and conditions of grants, contracts, or other agreements under the national service laws shall apply only to such agreements entered into after 90 days after the date of enactment of this Act, except when agreed upon by the parties to such agreements.
Exception
Subsections (a) and (b) do not apply to the amendments made by this Act to section 201 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5001). Any changes pursuant to those amendments apply as specified in those amendments.
Congressional Commission on Civic Service
Short title
This title may be cited
as the Congressional Commission on Civic Service Act
.
Findings
Congress finds the following:
The social fabric of the United States is stronger if individuals in the United States are committed to protecting and serving our Nation by utilizing national service and volunteerism to overcome our civic challenges.
A more engaged civic society will strengthen the Nation by bringing together people from diverse backgrounds and experiences to work on solutions to some of our Nation’s major challenges.
Despite declines in civic health in the past 30 years, national service and volunteerism among the Nation’s youth are increasing, and existing national service and volunteer programs greatly enhance opportunities for youth to engage in civic activity.
In addition to the benefits received by nonprofit organizations and society as a whole, volunteering and national service provide a variety of personal benefits and satisfaction and can lead to new paths of civic engagement, responsibility, and upward mobility.
Establishment
There is established in the legislative
branch a commission to be known as the Congressional Commission on Civic
Service
(in this title referred to as the
Commission
).
Duties
General Purpose
The purpose of the Commission is to gather and analyze information in order to make recommendations to Congress to—
improve the ability of individuals in the United States to serve others and, by doing so, to enhance our Nation and the global community;
train leaders in public service organizations to better utilize individuals committed to national service and volunteerism as they manage human and fiscal resources;
identify and offer solutions to the barriers that make it difficult for some individuals in the United States to volunteer or perform national service; and
build on the foundation of service and volunteer opportunities that are currently available.
Specific Topics
In carrying out its general purpose under subsection (a), the Commission shall address and analyze the following specific topics:
The level of understanding about the current Federal, State, and local volunteer programs and opportunities for service among individuals in the United States.
The issues that deter volunteerism and national service, particularly among young people, and how the identified issues can be overcome.
Whether there is an appropriate role for Federal, State, and local governments in overcoming the issues that deter volunteerism and national service and, if appropriate, how to expand the relationships and partnerships between different levels of government in promoting volunteerism and national service.
Whether existing databases are effective in matching community needs to would-be volunteers and service providers.
The effect on the Nation, on those who serve, and on the families of those who serve, if all individuals in the United States were expected to perform national service or were required to perform a certain amount of national service.
Whether a workable, fair, and reasonable mandatory service requirement for all able young people could be developed, and how such a requirement could be implemented in a manner that would strengthen the social fabric of the Nation and overcome civic challenges by bringing together people from diverse economic, ethnic, and educational backgrounds.
The need for a public service academy, a 4-year institution that offers a federally funded undergraduate education with a focus on training future public sector leaders.
The means to develop awareness of national service and volunteer opportunities at a young age by creating, expanding, and promoting service options for primary and secondary school students and by raising awareness of existing incentives.
The effectiveness of establishing a training program on college campuses to recruit and educate college students for national service.
The effect on United States diplomacy and foreign policy interests of expanding service opportunities abroad, such as the Peace Corps, and the degree of need and capacity abroad for an expansion.
The constraints that service providers, nonprofit organizations, and State and local agencies face in utilizing federally funded volunteer programs, and how these constraints can be overcome.
Whether current
Federal volunteer programs are suited to address the special skills and needs
of senior volunteers, and if not, how these programs can be improved such that
the Federal Government can effectively promote service among the baby
boomer
generation.
Methodology
Public hearings
The Commission shall conduct public hearings in various locations around the United States.
Regular and frequent consultation
The Commission shall regularly and frequently consult with an advisory panel of Members of Congress appointed for such purpose by the Speaker of the House of Representatives and the majority leader of the Senate.
Membership
Number and appointment
In general
The Commission shall be composed of 8 members appointed as follows:
2 members appointed by the Speaker of the House of Representatives.
2 members appointed by the minority leader of the House of Representatives.
2 members appointed by the majority leader of the Senate.
2 members appointed by the minority leader of the Senate.
Qualifications
The members of the Commission shall consist of individuals who are of recognized standing and distinction in the areas of international public service, national public service, service-learning, local service, business, or academia.
Deadline for appointment
The members of the Commission shall be appointed not later than 90 days after the date of the enactment of this title.
Chairperson
The Chairperson of the Commission shall be designated by the Speaker of the House of Representatives at the time of the appointment.
Terms
In general
The members of the Commission shall serve for the life of the Commission.
Vacancies
A vacancy in the Commission shall not affect the power of the remaining members to execute the duties of the Commission but any such vacancy shall be filled in the same manner in which the original appointment was made.
Compensation
Rates of pay; travel expenses
Each member shall serve without pay, except that each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.
Prohibition of compensation of federal employees
Notwithstanding paragraph (1), any member of the Commission who is a full-time officer or employee of the United States may not receive additional pay, allowances, or benefits because of service on the Commission.
Meeting Requirements
Frequency
Quarterly meetings
The Commission shall meet at least quarterly.
Additional meetings
In addition to quarterly meetings, the Commission shall meet at the call of the Chairperson or a majority of its members.
Quorum
5 members of the Commission shall constitute a quorum but a lesser number may hold hearings.
Meeting by telephone or other appropriate technology
Members of the Commission are permitted to meet using telephones or other suitable telecommunications technologies provided that all members of the Commission can fully communicate with all other members simultaneously.
Director and Staff of Commission; Experts and Consultants
Director
Appointment
The Commission shall have a Director who shall be appointed by the Chairperson with the approval of the Commission.
Credentials
The Director shall have credentials related to international public service, national public service, service-learning, or local service.
Salary
The Director shall be paid at a rate determined by the Chairperson with the approval of the Commission, except that the rate may not exceed the rate of basic pay for GS–15 of the General Schedule.
Staff
With the approval of the Chairperson, the Director may appoint and fix the pay of additional qualified personnel as the Director considers appropriate.
Experts and Consultants
With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay for GS–15 of the General Schedule.
Staff of Federal Agencies
Upon request of the Commission, Chairperson, or Director, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this title.
Powers of Commission
Hearings and Sessions
The Commission may, for the purpose of carrying out this title, hold public hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate.
Powers of Members and Agents
Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section.
Obtaining Official Data
Upon request of the Chairperson, the head of any department or agency shall furnish information to the Commission that the Commission deems necessary to enable it to carry out this title.
Physical Facilities and Equipment
The Architect of the Capitol, in consultation with the appropriate entities in the legislative branch, shall locate and provide suitable facilities and equipment for the operation of the Commission on a nonreimbursable basis.
Administrative Support Services
Upon the request of the Commission, the Architect of the Capitol and the Administrator of General Services shall provide to the Commission on a nonreimbursable basis such administrative support services as the Commission may request in order for the Commission to carry out its responsibilities under this title.
Reports
Interim Report
The Commission shall submit an interim report on its activities to Congress not later than 20 months after the date of the enactment of this title.
Final Report
Deadline
The Commission shall submit a final report on its activities to Congress not later than 120 days after the submission of the interim report under subsection (a).
Contents
The final report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for proposed legislation.
Termination
The Commission shall terminate not later than 30 days after submitting its final report under section 6108(b)(1).
Sense of Congress
Sense of Congress
It is the Sense of Congress that the Corporation for National and Community Service should make the maximum effort possible to coordinate the recruiting and assignment procedures of their various programs to allow senior citizens and their grandchildren to share volunteer opportunities and/or be assigned to the same geographic areas during their period of service.
Sense of Congress
Sense of Congress
It is the Sense of Congress that the Corporation for National and Community Service should make the maximum effort possible to coordinate with the National Endowment for the Humanities to provide opportunities for young people enrolled in NACS programs to collect oral histories form senior citizens in the communities where they serve.