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Records of the First Lady's Office (Clinton Administration)
Shirley Sagawa's Files
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Shain-
car you take care. 7
this for me?
Pener
Sanley
PHOTOCOPY
PRESERVATION
Have Eli 5yrs + then
Please copy for me + + Dick Stanfenburge
send to Panetta + Sally Katzen
ASAP
OK 8n8/28
Sunley
-
THE WHITE HOUSE
WASHINGTON
September 28, 1993
MEMORANDUM FOR LEON PANETTA
FROM:
ELI SEGAL
E
SUBJECT:
IMPLEMENTATION OF NATIONAL SERVICE LEGISLATION
cc:
Sally Katzen
As you know, it is extremely important for us to have a critical mass of national
service participants in the field during fiscal year 1994. As the attached timetable indicates,
we need OMB's help in expediting the regulation process or we will fail to achieve this goal.
Specifically, we need your help:
To ensure that regulations governing the establishment of state commissions,
which will implement the program at the state level, may be published in the month of
October and in interim final form.
To expedite the OMB review process of applications and proposed and final
regulations implementing the program.
Knowing that these deadlines will require extreme efforts by your staff, we will commit to
bringing them into the regulation development process early and keep them informed.
We are also concerned about issues affecting our ability to hire a staff. While we are
totally committed to the principle of lean staffing, we must first ensure that staff is adequate
to be good custodians of the taxpayer dollar. In our budget justification submitted to
Congress, we asked for 98 FTEs, with the assumption that staff for the Civilian Conservation
Corps do not count against the Corporation's FTEs. This new program, funded out of
Department of Defense money in FY 1994, will be very staff intensive -- each team
supervisor of participants may be considered a federal employee. We want to ensure that the
CCC staff will not come out of the 98 FTEs, or we will be unable to carry out the
Corporation's other responsibilities appropriately.
Finally, as we move ahead with the FY 1995 budget, I want to underscore a point
that was obscured this year in the excitement over the new Americorps program. The
President's national service initiative, for which funds were allocated in the Vision for
Change budget book, includes several programs, which are handled by two different
appropriations subcommittees in Congress. Of course, we will be seeking an increase in the
Americorps program to fulfill the President's promise that tens of thousands of Americans
can earn money for college through service. However, we will also seek increases in three
additional program categories: Serve-America (in HUD/VA subcommittee), VISTA
(Labor/HHS) and the National Senior Volunteer Corps (Labor/HHS; previously known as the
Older American Volunteer Program). When we talk about the President's initiative, we
intend to include all of the above mentioned programs.
You and your staff have been extremely helpful in the development of the legislation,
its implementation, and securing FY 1994 funding. I hope that we may continue to count on
you as we go forward.
Working Assumptions On Timeline
We would very much like to see participants in the field at the earliest
possible date(s) consistent with a quality program. It seems that the fastest dates
for new participants (in both existing and new programs) that are reasonable are:
June 1994
CCC site 1
Existing programs funded through direct grants
Sept 1994
Other CCC sites
New programs funded through direct grants
Existing programs funded through state grants
Jan 1995
New programs funded through state grants
New programs funded through other subgrants
June 1995
All remaining 1994 grantees
Working backward, we believe this timetable requires that the following
deadlines be met:
October 1993
Publication of interim final regulations for state
commissions and notice of funding for state
commission administrative funds
November 1993
Publication of proposed program regulations and
draft applications
January 1994
Publication of final program regulations and
applications
March 1994
Direct grant applications due and peer reviewed
April 1994
Site visits, negotiations, and annoucements of
direct grants
June 1994
State applications due and peer reviewed
July 1994
Site visits, negotiations, and announcement of
state grants
The timetable is contingent upon expedited OMB review of applications and
regulations.
MEMORANDUM
To:
ONS staff
From:
Shirley Sagawa
Re:
Public Information training session
Date:
September 28, 1993
On Thursday at 10 am, we will hold a training session of not more than one hour for those
staff who answer phones or have other responsibility for providing information to the public.
Everyone is invited to attend - room TBA when Diana returns!
Please provide a list by tomorrow morning of questions that we need answers to -- ie When
will applications be available? Will the education award be available retroactively? We will
come prepared with answers.
OK
9/28 PhD
Making a World of Difference for Children
Please join
Najeeb Halaby, Chairman of the Board
Phyllis George, National Spokesperson
Charles MacCormack, President
for a Save the Children gathering to
honor Health and Human Services Secretary Donna Shalala for
her lifelong commitment to helping mothers and children at risk
and
hear from children, parents and community leaders from Appalachia,
Native American reservations, inner-city communities and the rural
South who are working to overcome poverty.
Wednesday, October 6th
5:30 to 7:30 PM
Hart Office Building, Room 902
Our Congressional hosts for the evening:
Senator Christopher J. Dodd Senator John D. Rockefeller IV
and
Senator John H. Chafee
Senator Pete V. Domenici
Senator Joseph I. Lieberman
Representative Rosa DeLauro
Representative Christopher Shays
Save the Children, a leading nonprofit organization founded in Appalachia during the Great
Depression, helps families and communities make lasting, positive differences in the lives of
disadvantaged children. In 20 states across the United States and in 35 other countries, Save the
Children works with local groups to improve preventive health care, early childhood education,
family supports and economic opportunities. Our work is supported by individuals, schools, civic
groups, corporations, foundations and government agencies.
Y
54 Wilton Road
Save the Children®
Westport, CT 06880
RSVP: (203) 221-4105
ok
9/28
4-30P
622 50.10p
Making a World of Difference
Eli
for Children
for
Please join
Najeeb Halaby, Chairman of the Board,
Shuley 9/28 I 5211
Phyllis George, National Spokesperson,
Charles MacCormack, President
Sharm
for a Save the Children gathering to honor
copy
for
me,
Health and Human Services Secretary Donna
Terry Russelly
Pe
Shalala and recognize the extraordinary efforts
Phil capien +
of children, families and community leaders
send
attachment
(no
from across the country.
Our Congressional hosts:
Senator Christopher J. Dodd
Senator John D. Rockefeller
and
Senator John H. Chafee
Senator Pete V. Domenici
Senator Joseph I. Lieberman
Representative Rosa DeLauro
Representative Christopher Shays
Directions: The Hart Office Building is on Second
and Constitution Ave., NE. Use the Second Street
entrance and take the North Bank elevators to the
ninth floor.
CHILDREN, FAMILIES
AND COMMUNITIES:
MAKING A WORLD
OF DIFFERENCE
FOR CHILDREN
Wednesday, October 6th
5:30 to 7:30 PM
Hart Office Building, Room 902
Y
Save the Children
54 Wilton Road, Westport CT 06880 (203) 221-4105
THE WHITE HOUSE
WASHINGTON
MEMORANDUM
To:
Peggy Richardson
From:
Eli Segal Ep
Re:
Tax issues in the implementation of National Service
Date:
September 27, 1993
I appreciate the opportunity to follow up with you regarding tax issues involved in
national service implementation.
As you may know, when the national service program was originally conceived,
participants would receive a tax-free educational award worth as much as $10,000.
However, through the legislative process, the amount of the award was cut to $4,725 and
provisions in the legislation stating that the award should not be considered income for tax
purposes were stripped for jurisdictional reasons.
We would like to explore if there is any way we can implement the program that
would make it possible for the educational award, like a qualified scholarship or GI bill
benefit, to be tax-free. If this is not possible, and it is the IRS's interpretation that the award
is taxable, then we believe it would be preferable for the individual to have the option of
paying tax on it either when it is earned or when it is used (it can be held for up to seven
years). We are concerned that since the award cannot be converted to cash, individuals will
have difficulty paying taxes on it without great personal sacrifice. Being able to chose when
the tax will be paid would help ease this burden. For applicable statutory provisions, see
attachment 1.
Although we are just in the beginning stages of implementing the new program, this
issue must be resolved soon. Summer of Service participants who received a $1,000
scholarship for education and training. (See attachment 2) Although the purposes for which
this scholarship could be used were broader than those for regular national service
participants, the same issue arises -- will participants have to pay taxes on the scholarship
this tax year? Does it matter whether they use the benefit this year or wait to cash it in?
We must provide guidance on this issue in the next month.
I appreciate your willingness to help us work through this important issue. If you
have any questions, or to follow up, please contact Shirley Sagawa at 456-2599.
August 5, 1993
CONGRESSIONAL RECORD-HOUSE
H6183
CONFERENCE REPORT ON H.R. 2010.
TITLE I11-REAUTHORIZATION
Sec. 404. Definition of Director.
NATIONAL AND COMMUNITY
Subtitle A-National and Community Service
Sec. 405. References to ACTION and the AC-
SERVICE TRUST ACT OF 1993
Act of 1990
TION Agency.
Sec. 301. Authorization of appropriations.
Sec. 406. Effective date.
Mr. FORD of Michigan submitted the
following conference report and state-
Subtitle B-Domestic Volunteer Service Act of
TITLE V-MISCELLANEOUS PROVISIONS
1973
ment on the bill (H.R. 2010) to amend
Sec. 501. Compliance with Buy American Act.
Sec. 311. Short title; references.
Sec. 502. Sense of Congress; requirement regard-
the National and Community Service
CHAPTER 1-VISTA AND OTHER ANTI-POVERTY
ing notice.
Act of 1990 to establish a corporation
PROGRAMS
Sec. 503. Prohibition of contracts with persons
for national service, enhance opportu-
falsely labeling products as made
nities for national service. and provide
Sec. 321. Purpose of the VISTA program.
in America.
national service educational awards to
Sec. 322. Assistant director for VISTA program.
SEC. 2. FINDINGS AND PURPOSE
Sec. 323. Selection and assignment of VISTA
persons participating in such service,
volunteers
(a) IN GENERAL.Section 2 of the National
and for other purposes:
Sec. 324. Terms and periods of service.
and Community Service Act of 1990 (42 U.S.C.
CONFERENCE REPORT (H. REPT. 103-219)
Sec. 325. Support for VISTA volunteers.
12501) is amended to read as follows:
The committee of conference on the dia-
Sec. 326. Participation of younger and older
"SEC. & FINDINGS AND PURPOSE
agreeing votes of the two Houses on the
persons.
"(a) FINDINGS.-The Congress finds the fol-
amendment of the Senate to the bill (H.R.
Sec. 327. Literacy activities.
lowing:
Sec. 328. Applications for assistance.
"(1) Throughout the United States, there are
2010) to amend the National and Community
Service Act of 1990 to establish a Corporation
Sec. 329. Repeal of authority for student com-
pressing unmet human, educational, environ-
for National Service. enhance opportunities
munity service programs.
mental, and public safety needs.
Sec. 330. University Year for VISTA.
for national service, and provide national
"(2) Americans desire to affirm common re-
Sec. 331. Authority to establish and operate
service educational awards to persons par-
sponsibilities and shared values, and join to-
special volunteer and demonstra-
ticipating in such service. and for other pur-
gether in positive experiences, that transcend
tion programs.
poses. having met. after full and free con-
race, religion, gender, age, disability, region, in-
Sec. 332. Technical and financial assistance.
come, and education.
ference. have agreed to recommend and do
Sec. 333. Elimination of separate authority for
recommend to their respective Houses as fol-
"(3) The rising costs of postsecondary edu-
drug abuse programs.
lows:
cation are putting higher education out of reach
That the House recede from its disagree-
CHAPTER 2-NATIONAL SENIOR VOLUNTEER
for an increasing number of citizens.
ment to the amendment of the Senate and
CORPS
"(4) Americans of all ages can improve their
agree to the same with an amendment as fol-
Sec. 341. National Senior Volunteer Corps.
communities and become better citizens through
lows:
Sec. 342. The Retired and Senior Volunteer Pro-
service to the United States.
In lieu of the matter proposed to be in-
gram.
"(5) Nonprofit organizations, local govern-
serted by the Senate amendment. insert the
Sec. 343. Operation of the Retired and Senior
ments, States, and the Federal Government are
following:
Volunteer Program.
already supporting a wide variety of national
SECTION 1. SHORT TITLE; TABLE OF CONTENTS
Sec. 344. Services under the Foster Grandparent
service programs that deliver needed services in
Program.
a cost-effective manner.
(a) SHORT TITLE-This Act may be cited as
Sec. 345. Stipends for low-income volunteers.
"(6) Residents of low-income communities, es-
the "National and Community Service Trust Act
Sec. 346. Conditions of grants and contracts.
pecially youth and young adults, can be em-
of 1993''.
Sec. 347. Evaluation of the Senior Companion
powered through their service, and can help
(b) TABLE OF CONTENTS.-The table of con-
Program.
provide future community leadership.
tents is as follows:
Sec. 348. Agreements with other Federal agen-
"(b) PURPOSE.-It is the purpose of this Act
Sec. 1. Short title: table of contents.
cles.
to-
Sec. 2. Findings and purpose.
Sec. 349. Programs of national significance.
"(1) meet the unmet human, educational. en-
TITLE I-PROGRAMS AND RELATED
Sec. 350. Adjustments to Federal financial as-
vironmental, and public safety needs of the
PROVISIONS
sistance.
United States. without displacing existing work-
Subtitle A-Programs
Sec. 351. Demonstration programs.
ers;
CHAPTER 3-ADMINISTRATION
"(2) renew the ethic of cluic responsibility
Sec. 101. Federal investment in support of na-
tional service.
Sec. 361. Purpose of agency.
the spirit of community throughout the United
Sec. 102. National Service Trust and provision
Sec. 362. Authority of the Director.
States:
of national service educational
Sec. 363. Political activities.
"(3) expand educational opportunity by TE-
Sec. 364. Compensation for volunteers.
warding individuals who participate in national
awards.
Sec. 365. Repeal of report.
service with an increased ability to pursue high-
Sec. 103. School-based and community-based
See. 366. Application of Federal law.
67 education or job training;
service-learning programs.
Sec. 367. Nondiscrimination provisions.
"(4) encourage citizens of the United States.
Sec. 104. Quality and innovation activities.
Sec. 105. Public Lands Corps.
Sec. 368. Elimination of separate requirements
regardless of age, income, or disability. to en-
for setting regulations.
gage in full-time or part-time national service;
Sec. 106. Urban Youth Corps.
Subtitle B-Related Provisions
Sec. 369. Clarification of role of Inspector Gen-
"(5) reinvent government to eliminate duplica-
eral.
tion, support locally established initiatives, Te-
Sec. 111. Definitions.
Sec. 370. Copyright protection.
quire measurable goals for performance, and
Sec. 112. Authority to make State grants.
Sec. 371. Deposit requirement credit for service
offer flexibility in meeting those goals:
Sec. 113. Family and medical leave.
as a volunteer.
"(6) expand and strengthen existing service
Sec. 114. Reports.
CHAPTER 4-AUTHORIZATION OF
programs with demonstrated experience in pro-
Sec. 115. Nondiscrimination.
APPROPRIATIONS AND OTHER AMENDMENTS
viding structured service opportunities with visi-
Sec. 116. Notice, hearing, and grievance proce-
ble benefits to the participants and community;
dures.
Sec. 381. Authorization of appropriations for
"(7) build on the existing organizational serv-
Sec. 117. Nondisplacement.
title 1.
ice infrastructure of Federal, State, and local
Sec. 118. Evaluation.
Sec. 382. Authorization of appropriations for
programs and agencies to expand full-time and
Sec. 119. Engagement of participants.
title 11.
part-time service opportunities for all citizens;
Sec. 120. Contingent extension.
Sec. 383. Authorization of appropriations for
and
Sec. 121. Audits.
title IV.
''(8) provide tangible benefits to the 0
1-
Sec. 122. Repeals.
Sec. 384. Conforming amendments; compensa-
nities in which national service is performed.".
Sec. 123. Effective date.
tion for VISTA FECA claimants.
(b) TABLE OF CONTENTS.-Section 1(b) of the
Sec. 385. Repeal of authority.
TITLE II-ORGANIZATION
National and Community Service Act of 1
CHAPTER 5-GENERAL PROVISIONS
Sec. 201. State Commissions on National and
(Public Law 101-610; 104 Stat. 3127) is amended
Community Service.
Sec. 391. Technical and conforming amend-
by striking the item relating to section 2 and in-
Sec. 202. Interim authorities of the Corporation
ments.
serting the following new item:
for National and Community
Sec. 392. Effective date.
"Sec. 2. Findings and purpose.".
Service and ACTION Agency.
TITLE IV-TECHNICAL AND CONFORMING
TITLE I-PROGRAMS AND RELATED
Sec. 203. Final authorities of the Corporation
AMENDMENTS
PROVISIONS
for National and Community
Sec. 401. Definitions.
Subtitle A-Programs
Service.
Sec. 402. References to the Commission on Na-
SEC. 101. FEDERAL INVESTMENT IN SUPPORT OF
Sec. 204. Business plan.
tional and Community Service.
NATIONAL SERVICE.
Sec. 205. Actions under the national service
Sec. 403. References to Directors of the Commis-
(a) TRANSFER OF EXISTING SUBTITLE.-Title I
laws to be subject to the availabil-
sion on National and Community
of the National and Community Service Act of
ity of appropriations.
Service.
1990 (12 U.S.C. 12501 et seq.) is amended-
H6184
CONGRESSIONAL RECORD-HOUSE
August 5, 1993
(1) by redesignating subtitle C (Q U.S.C. 12541
nal recipient of a grant or transfer of assistance
resource. wrban renovation, OF kuman SETUICES
et asq.) as subtitle I;
under subsection (a) or (b) for a fiscal year may
projects;
(2) by inserting subtitle I (as redesignated by
be used to pay for administrative costs incurred
"(B) includes as participants youths and
paragraph (1) of this subsection) after subtitle
by-
young adults between the ages of 16 and 25, tn-
H. and
"(A) the recipient of the assistance: and
clusive. including out-of-school youths and
(3) by redesignating sections 120 through 136
'(B) national service programs curried out or
other d'esadvantaged pouths (such as youths
as sections 199 through 1990. respectively.
supported with the assistance.
with limited basic skills. youths in foater care
(b) ASSISTANCE PROGRAM AUTHORIZED.-Ttle
"(2) RULES ON use-The Corporation may by
who are becoming too old for foster cure, youths
I of the National and Community Service Act of
rule prescribe the manner and extent to which-
1990 (42 U.S.C. 12501 et seq.) is amended by in-
"(A) assistance provided under subsection (a)
of Hmited-English proficiency. homeless youths.
and youths who are individuals with disabil-
serting after subtitle B the following new sub-
or (b) may be used to cover administrative costs.
ities) who are between those ages. and
title:
and
"(B) that portion of the assistance available
"(C) provides those participants who are
"Subtitle C-Netional Service Truet Program
to cover administrative costs should be distrib-
youths and young edults with
"PART 1-INVESTMENT IN NATIONAL
uted between-
"(I) crew-based, highly structured. and adult-
SERVICE
"(1) the original recipient of the grant or
supervised work experience. life skills, edu-
"SEC. 121. AUTHORITY TO PROVIDE ASSISTANCE
transfer of assistance under such subsection,
cation, career guidance and counseling. employ-
AND APPROVED NATIONAL SERVICE
and
ment training. and support services; and
POSITIONS.
"(II) national service programs carried out or
"(ii) the opportunity to develop citizenship
"(a) PROVISION OF ASSISTANCE.-Sabject to
supported with the assistance.
values and skifts through service to their com-
"(e) MATCHING FUNDS REQUIREMENTS.-
muntty and the United States.
the availability of apprepriations for this pur-
pose. the Corporation for National and Commu-
"(1) REQUIREMENTS-Ercept as provided in
(73) A program that provides specialized
sity Service may make grants to States. subdivi-
section 140, the Federal share of the cost of car-
training to individuals in service-learning and
storts of States. Indian tribes, public or private
rying out a national service program that re-
places the individuals after such training in po-
nongrefit organizations, and institutions of
celves the assistance under subsection (a),
sitions, including positions as service-learning
higher education for the purpose of assisting the
whether the assistance is provided directly or as
coordinators, to factittate service-learning in
recipients of the grants-
a subgrant from the original recipient of the as-
programs eligible for funding under part I of
sistance. may not acceed 75 percent of such cost.
subtitle B.
"(1) to cerry out full- or part-time national
service programs. including surrener programs,
"(2) CALCULATION.-In providing for the TE-
"(4) A service program that ts targeted at spe-
described in section 122(a): and
maining share of the cost of carrying out a na-
cific unmet human, educational. environmental,
tional service program, the program-
or public safety needs and that-
"(2) to make grants is support of other no-
"(A) shall provide for such share through a
"(A) recrutts individuals with special skills or
tional service pregrams described in section
payment - cash or in kind. fabrly evaluated, tm-
provides specialized preservice training to en-
122(a) that are carried out by other entities.
"(b) AGREEMENTS WITH FEDERAL AGENCIES.-
cluding factilities. systement, or services; and
able participants to be placed individually or to
"(1) AGREEMENTS AUTHORIZED.-The Corpora-
"(B) may provide for such share through
teams in positions in which the participants can
State services. local SELLTON, or other Federal
meet such unmet needs; and
time may enter into a contract or cooperative
sources (other them the use of funds made avail-
"(B) U consistent with the purposes of the
agreement with another Federal agency to sup-
able under the national service texas).
program. brings participants together for addi-
port a national service program curried out by
"(3) COST OF HEALTH CARE-In providing a
tional training and other activities designed to
the agency. The support provided by the Cor-
payment ta cash under paragraph (2)(A) as part
foster cloic responsibility, Increase the skills of
peration pursuant to the contract or cooperation
of presetting for the remaining share of the cost
partictpants, and improve the quality of the
agreement may include the transfer to the Fed-
of carrying out c national service program, the
service provided.
eral agency of funds auatiable to the Corpora-
program may count not more than 85 percent of
(45) An individualized placement program
flow under this subtitle
the cost of providing 4 health care pelicy de-
that includes regular group activities, rach as
"(2) MATCHING FUNDS REQUIREMENTS.-A Fed-
scribed in section 140(d)(2) toward such share.
leadership training and special service projects.
eral agency receiving assistance under this sub-
"(4) WAIVER-The Corporation may accitive in
**(6) A campus-based program that is designed
section shall not be required to antisfy the
whole or on part the requirements of paragraph
to provide substantial service in a community
matching funds requirements spectfied in sub-
(1) with respect to a national service program in
during the school term and during summer or
section (e). However, the supplementation #
any fiscal year V the Corporation determines
other vacation periods through the use of-
quirements specified the section 173 shall apply
that such 4 maker would be equitable due to a
"(A) students who are attending an institu-
with respect to the Federal national service pre-
lack of available financial resources at the local
tion of higher education, including students
grams supported with such assistance.
level.
participating is a work-study program assisted
"(3) CONSULTATION WITH STATE COMMIS-
"SBC. 182. TYPES OF MATEONAL SERVICE PRO-
under part C of title IV of the Higher Education
STONS.-A Federal agency receiving assistance
GRAMS ELIGIBLE FOR PROGRAM 45
Act of 1965 (42 U.S.C. 2751 at seq.);
under this subsection shall consult with the
SISTANCE
"(B) teams composed of such students; or
State Commissions for these States in which
"(a) ELIGABLE NATIONAL SERVICE Pao-
"C) teams composed of a combination of such
projects will be conducted using such assistance
GRAMS.-The recipient of . grant under section
students and community residents.
in order to ensure that the projects de not dupli-
(1/(a) and each Federal agency receiving assist-
"(7) A preprofessional training program tn
cate projects conducted by State or local se-
ance under section 121(b) shall use the assist-
which students enrolled in an institution of
tional service programs.
anoa, directly or through subgrants to other cm-
higher education-
"(4) SUPPORT FOR OTHER NATIONAL SERVICE
titles, to carry out full- or part-time national
"(A) receive training in specified fields, which
PROGRAMS.-A Federal agency that enters into 4
service programs, including summer programs,
may include classes containing service-learning;
contract or cooperative agreement under pare-
that address name: kuman, educational, east-
"(B) perform service related to ruch training
graph (1) shall, in on appropriate case, enter
ronmental, or public safety needs. Subject to
outside the classroom during the school term
tate a contract or cooperative agreement with
subsection (b)(1). these national service pro-
and during summer or other vacation periods;
on entity that is carrying out a national service
grams may include the following types of no-
and
program in a State that to in existence ta the
tional arrive programs:
'(C) agree w provide service KpeK graduation
State as of the date of the contract or oBopeTa-
"(I) A community corps program that meets
to meet unmet human, educational. environ-
time agreement and to of righ quality, in order
unmet human, educational environmental. or
mental, or public safety needs related to such
to support the national service program.
public safety needs and promotes greater com-
training.
"(c) PROVISION OF APPROVED NATIONAL SERV-
munity unity through the use of organized
"(8) A prefessional corps program that re-
ICE POSITIONS.-A: part of the provision of as
teams of participants of varied social and eco-
cruits and places qualified participants is
sistance under subsections (a) and (b), the Cor-
nomic backgrounds, skill levels. physical and
positions-
poration shall-
developmental capabilities, ages, ethnic back-
"(A) as teachers, nurses and other health
"(1) approve the prevision of national service
grounds. or gendera.
providers, police officers, early childhood
educational awards described in subtitle D for
"(2) A full-time, year-round youth corps pro-
opment staff, engineers, or other professionals
the participants who serve in national service
gram or full-time summer youth corre program,
providing service to meet educational. human,
programs carried out using such assistance, and
such as 4 conservation corps or youth service
environmental, or public sajety needs in commu-
"(2) deposit in the National Service Trust #
corps (including youth corps programs under
nities with an inadequate number of ruck pre-
tablished in section H5(e) OR amount equal to
subtitle I. the Public Lands Corps established
fessionals;
the product of
under the Public Lands Corps Act of 1993, the
"(B) that may include a salary in ercess of
"(A) the value of 0 national service edu-
Urban Youth Corps established under section
the marimum living allowance authorised is
cational award under section 167; and
106 of the National and Community Service
subsection (a)(1) of section 140, as provided in
"(B) the total number of approved national
Trust Act of 1993. and other conservation corps
subsection (c) of such section; and
service positions to be provided.
or youth service corps that performs service on
"(C) that are sponsored by public or private
"(d) FIVE PERCENT LIMITATION ON ADMINIS-
Federal or other public lands OT on Indian lands
employers who agree to pay 100 per-
TRATIVE COSTS.-
or Howeiten
lands). that
of the 3 a benefits (other than
"(1) LIMITATION.-Not more
5 percent of
"(A) undertakes lingful service projects
national service educational
rd
under
sub-
the amount of assistance provided to the origi-
with visible public benefits. including natural
title D) of the partict
H.
August 5, 1993
CONGRESSIONAL RECORD-HOUSE
H6185
''(9) A program in which economically dis-
uses any portion of the assistance to conduct a
"(3) A position involving service as a VISTA
advantaged individuals who are between the
grant program to support other national service
volunteer under title I of the Domestic Volun-
ages of 16 and 24 years of age. inclusive, are
programs.
teer Service Act of 1973 (42 U.S.C. 4951 et seq.).
provided with opportunities to perform service
"(4) ENCOURAGEMENT OF INTERGENERATIONAL
"(4) A position factlitating service-learning in
that, while enabling such individuals to obtain
COMPONENTS OF PROGRAMS.-The Corporation
a program described in section 122(a)(3) that is
the education and employment skills necessary
shall encourage national service programs eligi-
eligible for assistance under part I of subtitle B.
to achieve economic self-suffictency, will help
ble to receive assistance or approved national
''(5) A position for a participant in the Citil-
their communities meet-
service positions under this subtitle to establish,
tan Community Corps under subtitle E.
"(A) the housing needs of low-income families
if consistent with the purposes of the program,
''(6) A position involving service as a crew
and the homeless: and
an intergenerational component of the program
leader in a youth corps program or a similar po-
"(B) the need for community facilities in low-
that combines students. out-of-school youths,
sition supporting a national service program
income areas.
and older adults as participants to provide serv-
that receives an approved national service post-
"(10) A national service entrepreneur program
ices to address unmet human, educational. envi-
tion.
that identifies, recruits. and trains gifted young
ronmental. or public safety needs.
''(7) Such other national service positions as
adults of all backgrounds and assists them in
"(c) NATIONAL SERVICE PRIORITIES.-
the Corporation considers to be appropriate.
designing solutions to community problems.
"(1) ESTABLISHMENT.
"SEC. 124. TYPES OF PROGRAM ASSISTANCE
"(11) An intergenerational program that com-
"(A) BY CORPORATION.-In order to con-
"(a) PLANNING ASSISTANCE.-The Corporation
bines students, out-of-school youths. and older
centrate national efforts on meeting certain
may provide assistance under section 121 to a
adults as participants to provide needed commu-
unmet human, educational, environmental, or
qualified applicant that submits an application
nity services. including an intergenerational
public safety needs and to achieve the other
under section 130 for the planning of a national
component for other national service programs
purposes of this Act, the Corporation shall es-
service program. Assistance provided in accord-
described in this subsection.
tablish, and after reviewing the strategic plan
ance with this subsection may cover a period of
''(12) A program that is administered by a
approved under section 192A(g)(1). periodically
not more than 1 year.
combination of nonprofit organizations located
alter priorities as appropriate regarding the
"(b) OPERATIONAL ASSISTANCE.-The Corpora-
in a low-income area. provides a broad range of
types of national service programs to be assisted
tion may provide assistance under section 121 to
services to residents of such area, is governed by
under subsection (b) or (d) of section 129 and
a qualified applicant that submits an applica-
a board composed in significant part of low-in-
the purposes for which such assistance may be
tion under section 130 for the establishment, op-
come individuals, and is intended to provide op-
used.
eration, or expansion of a national service pro-
portunities for individuals or teams of individ-
"(B) BY STATES.-Consistent with paragraph
gram. Assistance provided in accordance with
uals to engage in community projects in such
(4). States shall establish, and through the na-
this subsection may cover a period of not more
area that meet unaddressed community and in-
tional service plan process described in section
than 3 years, but may be renewed by the Cor-
dividual needs, including projects that would
178(e)(1). periodically alter priorities as appro-
poration upon consideration of a new applica-
"(A) meet the needs of low-income children
priate regarding the national service programs
tion under section 130.
and youth aged 18 and younger, such as provid-
to be assisted under section 129(a)(1). The State
"(c) REPLICATION ASSISTANCE.-The Corpora-
ing after-school 'safe-places', including schools,
priorities shall be subject to Corporation review
tion may provide assistance under section 121 to
with opportunities for learning and recreation;
as part of the application process under section
a qualified applicant that submits an applica-
or
130.
tion under section 130 for the expansion of a
"(B) be directed to other important
"(2) NOTICE TO APPLICANTS.-The Corporation
proven national service program to another geo-
unaddressed needs in such area.
shall provide advance notice to potential appli-
graphical location. Assistance provided in ac-
"(13) A community service program designed
cants of any national service priorities to be in
cordance with this subsection may cover a pe-
to meet the needs of rural communities, using
effect under this subsection for a fiscal year.
riod of not more than 3 years. but may be re-
teams or individual placements to address the
The notice shall specifically include-
newed by the Corporation upon consideration of
development needs of rural communities and to
"(A) a description of any alteration made in
a new application under section 130.
combat rural poverty, including health care,
the priorities since the previous notice; and
"(d) APPLICATION TO SUBGRANTS.-The re-
education, and job training.
"(B) a description of the national service pro-
quirements of this section shall apply to any
"(14) A program that seeks to eliminate hun-
grams that are designated by the Corporation
State or other applicant receiving assistance
ger in communities and rural areas through
under section 133(d)(2) as eligible for priority
under section 121 that proposes to conduct a
service in projects-
consideration in the next competitive distribu-
grant program using the assistance to support
"(A) involving food banks. food pantries. and
tion of assistance under section 121(a).
other national service programs.
nonprofit organizations that provide food dur-
"(3) REGULATIONS.-The Corporation shall by
"SEC. 126. TRAINING AND TECHNICAL ASSIST-
ing emergencies;
regulation establish procedures to ensure the eq-
ANCE
"(B) involving the gleaning of prepared and
ultable treatment of national service programs
"(a) TRAINING PROGRAMS.-The Corporation
unprepared food that would otherwise be dis-
that-
may conduct, directly or by grant or contract,
carded as unusable so that the usable portion of
"(A) receive funding under this subtitle for
appropriate training programs regarding na-
such food may be donated to food banks. food
multiple years; and
tional service in order to-
pantries, and other nonprofit organizations;
"(B) would be adversely affected by annual
"(1) improve the ability of national service
"(C) seeking to address the long-term causes
revisions in such national service priorities.
programs assisted under section 121 to meet
of hunger through education and the delivery of
"(4) APPLICATION TO SUBGRANTS.-Any na-
human, educational, environmental. or public
appropriate services; or
tional service priorities established by the Cor-
safety needs in communities-
"(D) providing training in basic health, nutri-
"(A) where services are needed most. and
poration under this subsection shall also be used
tion, and Hfe skills necessary to alleviate hunger
"(B) where programs do not exist. or are too
by each recipient of funds under section 121(a)
in communities and rural areas.
limited to meet community needs. as of the date
that uses any portion of the assistance to con-
"(15) Such other national service programs
on which the Corporation makes the grant or
duct a grant program to support other national
enters into the contract:
addressing unmet human, educational, environ-
service programs.
"(2) promote leadership development in such
mental, or public safety needs as the Corpora-
"SEC. 122 TYPES OF NATIONAL SERVICE POSI-
programs;
tion may designate.
TIONS ELIGIBLE FOR APPROVAL FOR
"(3) improve the instructional and pro-
"(b) QUALIFICATION CRITERIA TO DETERMINE
NATIONAL SERVICE EDUCATIONAL
grammatic quality of such programs to build an
ELIGIBILITY.-
AWARDS.
ethic of civic responsibility;
"(1) ESTABLISHMENT BY CORPORATION.-The
"The Corporation may approve of any of the
"(4) develop the management and budgetary
Corporation shall establish qualification criteria
following service positions as an approved na-
skills of program operators;
for different types of national service programs
tional service position that includes the national
"(5) provide for or improve the training pro-
for the purpose of determining whether a par-
service educational award described in subtitle
vided to the participants in such programs. and
ticular national service program should be con-
D as one of the benefits to be provided for suc-
'*(6) encourage national service programs to
sidered to be a national service program eligible
cessful service in the position:
adhere to risk management procedures includ-
to receive assistance or approved national serv-
"(I) A position for a participant in a national
ing the training of participants in appropriate
ice positions under this subtitle.
service program described in section 122(a) that
risk management practices.
"(2) CONSULTATION.-Im establishing quali-
receives assistance under subsection (a) or (b) of
"(b) TECHNICAL ASSISTANCE.-To the extent
fication criteria under paragraph (1), the Cor-
section 121.
appropriate and necessary, the Corporation
poration shall consult with organizations and
"(2) A position for a participant in a program
shall make technical assistance available to
individuals with extensive experience in devel-
that-
States, Indian tribes, labor organizations. orga-
oping and administering effective national serv-
"(A) is carried out by a State, a subdivision of
nizations operated by young adults. organiza-
ice programs or regarding the delivery of
a State, an Indian tribe, a public or private
Hons serving economically disadvantaged indi-
human. educational. environmental, or public
nonprofit organization. an institution of higher
viduals, and other entities described in section
safety services to communities or persons.
education, or a Federal agency; and
121 that desire-
''(3) APPLICATION TO SUBGRANTS.-The quali-
"(B) would be eligible to receive assistance
"(1) to develop national service programs. or
fication criteria established by the Corporation
under section 121(a). based on criteria estab-
"(2) to apply for assistance under such section
under paragraph (1) shall also be used by each
lished by the Corporation, but has not applied
or under a 6 program conducted using us-
recipient of assistance under section 121(a) that
for such assistance.
sistance provided under such section.
H6186
CONGRESSIONAL RECORD-HOUSE
August 5, 1993
"S&C. 126. OTHER SPECIAL ASSISTANCE
paragraph for a fiscal year shall be equal to the
make grants to States on a competitive basis
(a) SUPPORT FOR STATE COMMISSIONS.-
amount that bears the same ratte to 33½ percent
under section 12Ha).
"(1) GRANTS AUTHORIZED.-PYOTE amounts ap-
of the allocated funds 109 that fiscal year as the
"(2) FEDERAL AGENCIES AND OTHER APPLI-
propriated for a fiscal year pursuant to the au-
population of the State bears to the total popu-
CANTS-The Corporation shall distribute on a
thorization of appropriation in section 501(a)(4).
lation of the several States. the District of Co-
competitive basts to subdivisions of States /n-
the Corporation may make a grant in an
Lumbra. and the Commonwealth of Puerto Rico.
diam tribes. public or prevate nonprefit organ-
amount between $125.000 and $750,000 to a State
"*(2) ONE PERCENT ALLOTMENT POR CERTAIN
ations (including laber organizations). institu-
5 assist the State to establish or operate the
TERRITORIES AND POSSESSIONS.-Of the funds al-
nons of higher education. and Federal agencies
state Commission on National and Community
located by the Corporation for provision of as-
the remainder of the funds allocated by the Cor-
Service required to be established by the State
sistance under subsections (a) and (b) of section
poration for provision of assistance under sec-
under section 178.
121 for a fiscal year. the Corporation shall re-
non 121 for a fiscal year, after operation of
(72) LIMITATION ON AMOUNT OF GRANTS -Not-
serve I percent of the allocated funds for grants
paragraph (1) and subsections (a) and (c).
withstanding the amounts spect/led IR para-
under section 121(a) to the United States Virgin
"(3) LIMITATION ON DISTRIBUTION TO FEDERAL
graph (1). the amount of a grant that may be
Islands. Guam. American Samoa. and the Com-
AGENCIES-The Corporation may not provide
provided to a State Commission under this sub-
monwealth of the Northern Mariana Islands
more than 43 of the funds available for competi-
section cogether with ocher Federal funds avail-
upon approval of an application by the Cor-
tive distribution under paragraph (2) for a fiscal
able to establish or operate the State Commis-
poration under section 133. Palas shall also be
year to Federal agencies under section 121(b).
mm. may not exceed-
eligible for a grant under this paragraph from
"(4) PRIORITY LIMITATIONS.-The Corporation
TA, RS percent of the total cost to establish or
the allotment until such time as the Compact of
may limit the outegories of eligible applicants for
operate the State Commission for the first year
Pree Association with Palow to rattfied. The
assistance under paragraph (2) consistent with
for which the State Commission receives assist-
amount aflotted as a grant to each such terri-
the priorities established by the Corporation
ance under this subsection, and
tory or possession under this paragraph for a
under section 133(d)(2).
(YB) such smaller percentage of such cost as
fiscal year shall be equal to the amount that
(YS) RESERVATION OF FUNDS FOR SUPPLE-
the Corporation may establish for the second.
bears the same ratio to I percent of the allocated
MENTAL AND OUTREACH GRANTS.-
card and fourch years of such assistance in
funds for that fiscal year as the population of
TA) RESERVATION.-From amounts appro-
order to ensure the the Federal share does not
the territory or possession bears to the total pop-
printed for a flaced pursuant to the author-
enceed 50 percent of such costs for the fifth
station of such territories and possessions.
instion of appropriation in section 501(a)(2). and
year. and any subsequent year. for which the
"(3) ONE PERCENT ALLOTMENT FOR INDIAN
subject to the limitation in such section, the
State Commission receives assistance under this
TRIBES-O1 the /wads allocated by the Corpora-
Chief Erecutive Officer shall reserve an amount
subsection.
tion for provision of assistance under sub-
that is not less than 1 percent of such amounts
(b) DISASTER SERVICE Corporation
sections (a) and (b) of section 121 for . fiscal
(encept that the amount reserved may not es-
may undertake activities. including activities
year. the Corporation shall reserve I percent of
ceed $5,000,090). tn order to make supplemental
carried our through part A of title / of the Do-
the allocated funds for grants under section
grants as provided in subparagraph (B) and
mestic Volunteer Service Act of 1973 (42 U.S.C.
121(a) to Indian tribes. to be allotted by the Cor-
outreach grants as provided in subparagraph
4951 et seq). to truolve in disaster relief efforts
poration on a competitive busis in accordance
(C). The GREDUR! reserved pursuant to this para-
south corps programs described in section
with their respective needs.
graph shall be summlable until expended.
122(aH) and other programs that receive assist-
"(4) EFFECT OF FAILURE TO APPLY.-If a State
"(B) GRANTS TO ASSIST ENTITIES IN PLACING
ance under the national service laws
or Indian tribe fatis to apply for, or fails to give
APPLICANTS WHO ARE INDIVIDUALS WITH A DIS-
"(c) CHALLENGE GRANTS FOR NATIONAL SERV-
notice to the Corporation of its tatent to apply
ABILITY.-
ICE PROGRAMS-
for. an allotment under this subsection, the Cor-
"(1) DV GENERAL-The Chief Executive Officer
"(1) ASSISTANCE ALTHORIZED-Tre Corpora-
penation shall use the that would have
shall make grants from a portion of the funds
non may make challenge grants under this sub-
been allotted under this subsection to the State
reserved under subporagrapk (A) to entities
section to national service programs that receive
or Indian tribe-
that-
assistance under section 121.
"(A) to make grants (and provide approved
"(I) receive a grant to carry out a national
''(2) SELECTION CRITERIA-The Corporation
national BEFDICE positions in connection with
service program under paragraph (1) or (2).
shall develop criteria for the selection of recipt-
such grants) to other eligible entities under sec-
"(II) demonstrate that the entity has received
ents of challenge grants under this subsection.
tion 121 that propose to carry out national BETT-
a substantial number of applications for place-
so as to make the grants widely available to a
toe programs - the State or on behalf of the Im-
ment in the national service program of persons
variety of programs that-
dian tribe and
who are individuals with e disability and who
"(A) are high-quality national service pro-
"(B) after making grants under subparagraph
require a reasonable accommodation (as.de/ined
grams: and
(A). to make a reallotment to other States and
in section 101(9) of the Americans with Disabil-
((R) are carried out by entities with dem-
Indian tribes with approved applications under
itses Act of 1999 (42 U.S.C. 12111(9)). or auril-
section 130.
onstrated experience in establishing and imple-
tery ands and services (as defined in section 3(1)
"(b) RESERVATION OF APPROVED POSITIONS-
menting projects that provide benefits to partict-
of such Act (42 U.S.C. 12102(1))). in order to per-
The Corporation shall ensure that each individ-
pants and communities.
form national service: and
'73) AMOUNT OF ASSISTANCE.-A challenge
mal selected during B flocal year for assignment
"(III) demonstrate that additional funding
as a VISTA volunteer under title 1 of the Do-
grant under this subsection may provide not
would asset the national service program in
more than $1 of assistance under this subsection
mastic Volunteer Service Act of 1973 (42 U.S.C.
placing a substantial number of such individ-
for each 11 in cash raised by the national SETU-
4951 at seq.) or as a partictpant in the Challian
uals with a disability as participants in projects
ace program from private sources tm excess of
Community Corps Demonstration Pregram
curreed out through the program.
under subtitle E shall receive the mational serv-
communts required to be provided by the program
"(ii) REQUIREMENTS-Funds made available
to satisfy matching funds requirements under
tos educational award described in subtitle D if
through such a supplemental grant under clause
section 121(e). The Corporation shall establish a
the individual satisfies the eligibility require-
(1) shall be made available for the same pur-
ceiling on the amount of assistance that may be
ments for the award. Funds for approved na-
poses, and subject to the same requirements. as
provided to a national service program under
tional service positions required by this para-
funds made available through a grant made
time subsection.
graph for . fiscal year shall be deducted from
under paragraph (1) or (2).
the total funding for approved national service
"(C) GRANTS FOR OUTREACH TO INDIVIDUALS
"PART I1-APPLICATION AND APPROVAL
positions to be available for distribution under
WITH A DISABILITY:-
PROCESS
subsections (a) and (d) for that fiscal year.
TO IN GENERAL-FYOM the portion of the
"S&C. 129. PROVISION OF ASSISTANCE AND AP.
"(c) RESERVATION POR SPECIAL ASSISTANCE.-
funds reserved under subparagraph (A) that is
PROVED NATIONAL SERVICE POSI.
From amounts appropriated for e fiscal year
not used to make grants under subparagraph
TIONS BY COMPETITIVE AND OTHER
payment to the authorization of appropriation
(B). the Chief Executive Officer shall make
MEANS
tm section 501(e)(2). and subject to the limitation
grants to public or private nonprofis organiza.
"(a) ALLOTMENTS OF ASSISTANCE AND AP-
in such section. the Corporation may reserve
tions to pay for the Federal share described in
PROVED POSITIONS TO STATES AND INDIAN
such amount as the Corporation considers to be
section 121(e) of-
TRIBES.-
appropriate for the purpose of making assist-
"(I) providing information about the programs
"(1) 33½ PERCENT ALLOTMENT OF ASSISTANCE
GROE sucilable under sections 125 and 126. The
specified in section 193 A(d)(10) to such indrud-
TO CERTAIN STATES-O/ the funds allocated by
Corporation may not reserve more than
mais with 6 disability who desire to perform na-
the Corporation for provision of assistance
$10,000,090 for a fiscal year for disaster service
tional service: and
under subsections (a) and (b) of section 121 for
under subsection (b) of section 126 oT challenge
"(II) enabling the individuals to participate in
a fiscal year, the Corporation shall make a
grants under subsection (c) of such section.
activities carried out through such programs.
grant under section 121(a) (and a corresponding
((d) COMPETITIVE DISTRIBUTION OF REMAIN-
which may include assisting the placement of
allotment of approved national service post-
ING FUNDS-
the individuals in approved national service po-
(ions) to each of the several States. the District
"(1) STATE COMPETITION.-OJ the funds allo-
sitions.
Columbia, and the Commonwealth of Puerto
cated by the Corporation for provision of assist-
"(11) APPLICATION.-To be eligible to receive a
:.00 that has on application approved by the
anot under subsections (a) and (b) of section 121
grant under this subparagraph an organization
poration under section 133. The amount al-
for 4 flacal year. the Corporation shall use not
described in clause (i) shall submit an applica-
litted as a grant to each 1 State under this
less than 33% percent of the allocated funds to
tion to the Chief Executive Officer at such time.
August 5, 1993
CONGRESSIONAL RECORD-HOUSE
H6187
in such manner. and containing such informa-
will address unmet human, educational. envi-
scribed in section 122(a) for which assistance
tion as the Chief Executive Officer may require.
ronmental, or public safety needs and produce a
may be provided under subsection (a) or (b) of
"(e) APPLICATION REQUIRED.-The allotment
direct benefit for the community in which the
section 121.
of assistance and approved national service po-
projects are performed.
"(2) SPECIAL APPLICATION REQUIREMENTS.-
sitions to a State or Indian tribe under sub-
"(5) A description of the plan to be used to TE-
For the applications described tn paragraph (1),
section (a). and the competitive distribution of
cruit participants, including youth who are in-
the Corporation shall establish special applica-
assistance under subsection (d). shall be made
dividuals with disabilities and economically dis-
non requirements in order to determine-
by the Corporation only pursuant to an applica-
advantaged young men and women. for the na-
"(A) whether the service positions meet unmet
non submitted by a State or other applicant
donal service programs referred to in para-
human, educational. environmental. or public
under section 130 and approved by the Corpora-
graphs (1) and (2).
safety needs and meet the criteria for assistance
tion under section 133.
"(6) A description of the manner in which the
under this subtitle: and
"(f) APPROVAL OF POSITIONS SUBJECT TO
national service programs rejerred to in para-
"(B) whether the Corporation should approve
AVAILABLE FUNDS.-The Corporation may not
graphs (1) and (2) build on cristing programs.
the positions as approved national service post-
approve positions as approved national service
including Federal programs.
tions.
positions under this subtitle for a fiscal year in
"(7) A description of the manner in which the
(e) SPECIAL RULE POR STATE APPLICANTS.-
excess of the number of such positions for which
national service programs referred to in para-
"(I) SUBMISSION BY STATE COMMISSION.-The
the Corporation has sufficient available funds
graphs (1) and (2) will invoive participants-
application of a State for approved national
in the National Service Trust for that flscal
"(A) in projects that build an ethic of civic re-
service positions or for a grant under section
year. taking into consideration funding needs
sponsibility and produce a bosttive change in
121(a) shall be submitted by the State Commis-
for national service educational awards under
the lives of participants through training and
non.
subtitle D based on completed service. If appro-
participation in meaningful service experiences
"(2) COMPETITIVE SELECTION.-The applica-
priations are insufficient to provide the mari-
and opportunities for reflection on such expert-
tion of a State shall contain an assurance that
mum allowable national service educational
ences; and
all assistance provided under section 121(a) to
awards under subtitle D for all eligible partici-
"(B) in leadership positions tn implementing
the State will be used to support national serv-
pants. the Corporation is authorized to make
and evaluating the program.
ice programs that were selected by the State on
necessary and reasonable adjustments to pro-
"(8) Measurable goals for the national service
a competitive basis. In making such competitive
gram rules.
programs referred to in paragraphs (1) and (2).
selections. the State shall seek to ensure the eq-
"(g) SPONSORSHIP OF APPROVED NATIONAL
and a strategy to achieve such goals. in terms
uttable allocation within the State of assistance
SERVICE POSITIONS.-
of-
and approved national service positions pro-
''(1) SPONSORSHIP AUTHORIZED.-The Corpora-
"(A) the impact to be made in meeting unmet
vided under this subtitle to the State taking into
non may enter into agreements with persons OT
human. educational environmental, or public
consideration such factors as the location of the
entities who offer to sponsor national service po-
safety needs; and
programs applying to the State. population den-
sitions for which the person or entity will be re-
'(B) the service experience to be provided to
sity. and economic distress.
sponsible for supplying the funds necessary to
participants in the programs.
"(3) ASSISTANCE TO NONSTATE ENTITIES.-The
provide a national service educational award.
"(9) A description of the manner and extent to
application of a State shall also contain an as-
The distribution of these approved national
which the national service programs referred to
surance that not less than 60 percent of the as-
service positions shall be made pursuant to the
ta paragraphs (1) and (2) con/orm to the no-
sistance will be used to make grants in support
agreement, and the creation of these positions
shall not be taken into consideration in deter-
tional service priorities established by the Cor-
of national service programs other than na-
mining the number of approved national service
poration under section 122(c).
tional service programs carried out by a State
positions to be available for distribution under
"(10) A description of the past experience of
agency. The Corporation may permit a State to
this section.
the applicant in operating a comparable pro-
deviate from the percentage specified by this
"(2) DEPOSIT OF CONTRIBUTION.-Punds pro-
gram or in conducting a grant program in sup-
subsection If the State has not received a suffl-
vided pursuant to an agreement under para-
port of other comparable service programs.
cient number of acceptable applications to com-
graph (1) and any other funds contributed to
"(11) A description of the type and number of
ply with the percentage.
the Corporation to support the activities of the
proposed service positions in which participants
"In SPECIAL RULE FOR CERTAIN APPLI-
Corporation under the national service laws
will receive the national service educational
CANTS.-
shall be deposited in the National Service Trust
award described in subtitle D and a description
"(1) WRITTEN CONCURRENCE.-Im the case of a
established in section 145 until such time as the
of the manner in which approved national serv-
program applicant that proposes to also serve as
funds are needed.
for positions will be apportioned by the appli-
the service sponsor, the application shall in-
"SEC. 138. APPLICATION FOR ASSISTANCE AND
cant.
clude the written concurrence of any local labor
APPROVED NATIONAL SERVICE POSI-
"(12) A description of the manner and extent
organization representing employees of the serv-
TTONE
to which participants, representatives of the
ice sponsor who are engaged in the same or sub-
"(a) TIME. MANNER. AND CONTENT OF APPLI-
community served, community-based agencies
stantially sundar work as that proposed to be
CATION-To be eligible to receive assistance
with a demonstrated record of experience in pro-
carried out
under section 121 or approved national service
viding services, and labor organizations contrib-
''(2) PROGRAM APPLICANT DEFINED - FOT DUT-
positions for participants who serve in the na-
uted to the development of the national service
poses of this subsection, the term program ap-
tional service programs to be carried out using
programs referred to in paragraphs (1) and (2).
plicant' means-
the assistance, a State, subdivision of a State,
including the identity of the individual rep-
"(A) a State. subdivision of a State Indian
Indian tribe. public or private nonprofit organi-
resenting each appropriate labor organization
tribe, public or private nonprofit organization.
action. institution of higher education, or Fed-
(if any) who was consulted and the nature of
institution of higher education. or Federal agen-
eral agency shall prepare and submit to the Cor-
the consultation.
cy submitting on application under this section.
poration an application at such time, in such
"(13) Such other information as the Corpora-
or
manner. and containing such information as the
tion may reasonably require.
"(B) an entity applying for assistance or ap-
Corporation may reasonably require.
"(c) REQUIRED APPLICATION INFORMATION.-
proved national service positions through a
"(b) TYPES OF PERMISSIBLE APPLICATION IN-
An application submitted under subsection (a)
grant program conducted using assistance pro-
FORMATION.-In order to have adequate infor-
shall contain the following information:
vided to a State, subdivision of a State. Indian
mation upon which to consider an application
"(l) A description of the jobs or positions into
tribe, public or private nonprofit organization.
under section 133. the Corporation may require
which participants will be placed using the as
institution of higher education, OT Federal agen-
the following information to be provided in an
sistance provided under section 121, including
cy under section 121.
application submitted under subsection (a)
descriptions of specific tasks to be performed by
"(g) LIMITATION ON SAME PROJECT N MCL
"(1) A description of the national service pro-
such participants.
TIPLE APPLICATIONS.-The Corporation shall re-
grams proposed to be carried out directly by the
(72) A description of the minimum qualifica-
fect an application submitted under this section
applicant using assistance provided under sec-
tions that individuals shall meet to become par-
If a project proposed to be conducted using as-
non 121.
ticipants in such programs.
sistance requested by the applicant is already
'`(2) A description of the national service pro-
"(d) APPLICATION TO RECEIVE ONLY AP.
described in another application pending before
grams that are selected or the applicant to re-
PROVED NATIONAL SERVICE POSITIONS.-
the Corporation.
celve a grant using assistance requested under
"(1) APPLICABILITY OF SUBSECTION.-This sub-
"SEC. 131. NATIONAL SERVICE PROGRAM ASSIST
section 121 and a description of the process and
section shall apply in the case of an application
ANCE REQUIREMENTS.
criteria by which the programs were selected.
in which-
"(a) IMPACT ON COMMUNITIES.-An applica-
"(3) A description of other funding sources to
"(A) the applicant is not seeking assistance
tion submitted under section 130 shall include
be used. or sought to be used, for the national
under subsection (a) or (b) of section 121. but re-
an assurance by the applicant that any na-
service programs referred to in paragraphs (1)
quests national service educational awards for
tional service program carried out by the appli-
and (2). and. If the application is submitted for
individuals serving in service positions described
cant using assistance provided under section 121
the purpose of seeking a renewal of assistance.
in section 123; or
and any national service program supported by
a description of the success of the programs in
"(B) the applicant requests national service
a grant made by the applicant using such assist-
reducing their reliance on Federal funds.
educational awards for service positions de-
once will-
"(4) A description of the extent to which the
scribed in section 123. but the positions are not
"(1) address unmet h n. educational. enti-
projects to be
cted using the assistance
positions in a national service program de-
vonmental, or public,safety needs through serv-
H6188
CONGRESSIONAL RECORD-HOUSE
August 5, 1993
ices that provide a direct benefit to the commu-
"(3) ALTERNATIVE EVALUATION REQUIRE-
the critena described in subsections (c) and 1.
nity in which the service is performed. and
MENTS.-The Corporation may establish alter-
in determining whether-
"(2) comply with the nonduplication and
native evaluation requirements for national
"(1) to approve an application submitted
nondisplacement requirements of section 177 and
service programs based upon the amount of as-
under section 130 and provide assistance under
the grievance procedure requirements of section
sistance received under section 121 or received
section 121 to the applicant. and
176(f).
by a grant made by a recipient of assistance
"(2) to approve service positions described in
"(b) IMPACT ON PARTICIPANTS.-An applica-
under such section. The determination of
the application as national service positions
tion submitted under section 130 shall also in-
whether a national service program is covered
that include the national service educational
clude an assurance by the applicant that any
by this paragraph shall be made in such manner
award described in subtitle D and provide such
national service program carried out by the ap-
as the Corporation may prescribe.
approved national service positions to the appli-
plicant using assistance provided under section
"(e) LIVING ALLOWANCES AND OTHER INSERV-
cant.
121 and any national service program supported
ICE BENEFITS-Except as provided in section
"(b) APPLICATION TO SUBGRANTS.-
by a grant made by the applicant using such as-
140(c). an application submitted under section
"(1) IN GENERAL.-A State or other entity that
sistance will-
130 shall also include an assurance by the appli-
uses assistance provided under section 121(a) to
"(1) provide participants in the national serv-
cant that the applicant will-
support national service programs selected on a
ice program with the training, skills. and
"(1) ensure the provision of a living allowance
competitive basis to receive a share of the assist-
knowledge necessary for the projects that par-
and other benefits specified in section 140 to
ance shall use the criteria described in rub-
ticipants are called upon to perform:
participants in any national service program
sections (c) and (d) when considering an appli-
"(2) provide support services to participants,
carried out by the applicant using assistance
cation submitted by a national service program
such as the provision of appropriate information
provided under section 121: and
to receive a portion of such assistance or an ap-
and support-
"(2) require that each national service pro-
proved national service position.
"(A) to those participants who are completing
gram that receives a grant from the applicant
"(2) CONTENTS-The application of the State
a term of service and making the transition to
using such assistance will also provide a living
or other entity under section 130 shall contain-
other educational and career opportunities; and
allowance and other benefits specified in section
"(A) a certification that the State or other en-
"(B) to those participants who are school
140 to participants in the program.
tity used these criteria in the selection of na-
dropouts in order to assist those participants in
"(f) SELECTION OF PARTICIPANTS FROM INDI-
tional service programs to receive assistance;
earning the equivalent of a high school diploma.
VIDUALS RECRUITED BY CORPORATION OR STATE
''(B) a description of the Jobs or positions into
and
COMMISSIONS.-The Corporation may also Te-
which participants will be placed using such as-
''(3) provide, If appropriate, structured oppor-
quire an assurance by the applicant that any
sistance, including descriptions of spectfic tasks
tunities for participants to reflect on their serv-
national service program carried out by the ap-
to be performed by such participants: and
ice experiences.
plicant using assistance provided under section
"(C) a description of the minimum qualifica-
"(c) CONSULTATION-An application submit-
121 and any national service program supported
tions that individuals shall meet to become par-
ted under section 130 shall also include an as-
by a grant made by the applicant using such as-
ticipants in such programs.
surance by the applicant that any national
sistance will select a portion of the participants
"(c) ASSISTANCE CRITERIA.-The critena re-
service program carried out by the applicant
for the program from among prospective partici-
quired to be applied in evaluating applications
using assistance provided under section 121 and
pants recruited by the Corporation or State
submitted under section 130 are as follows:
any national service program supported by a
Commissions under section 138(d). The Corpora-
"(1) The quality of the national service pro-
grant made by the applicant using such assist-
tion may specify a minimum percentage of par-
gram proposed to be carried out directly by the
ance will-
ticipants to be selected from the national leader-
applicant or supported by a grant from the ap-
"(1) provide in the design. recruitment, and
ship pool established under section 138(e) and
plicant.
operation of the program for broad-based input
may vary the percentage for different types of
''(2) The innovative aspects of the national
from-
national service programs.
service program. and the feasibility of replicat-
"(A) the community served and potential par-
"SEC. 123. INELIGIBLE SERVICE CATEGORIES.
ing the program.
ticipants in the program, and
"(a) IN GENERAL-Escept as provided in sub-
''(3) The sustainability of the national service
((B) community-based agencies with a dem-
section (b). an application submitted to the Cor-
program, based on evidence such as the
onstrated record of experience in providing serv-
poration under section 130 shall include an as-
existence-
ices and local labor organizations representing
surance by the applicant that any national
"(A) of strong and broad-based community
employees of service sponsors, If these entities
service program carried out using assistance
support for the program: and
exist in the area to be served by the program:
provided under section 121 and any approved
"(B) of multiple funding sources or private
"(2) prior to the placement of participants,
national service position provided to an appli-
funding for the program.
consult with the appropriate local labor organi-
cant will not be used to perform service that
"(4) The quality of the leadership of the na-
zation. V any. representing employees in the
provides a direct benefit to any-
tional service program. the past performance of
area who are engaged in the same or similar
"(1) business organized for profit;
the program, and the extent to which the pro-
work as that proposed to be carried out by such
"(2) labor union:
gram builds on eristing programs.
program to ensure compliance with the
"(3) partisan political organization;
"(5) The extent to which participants of the
nondisplacement requirements specified in sec-
"(4) organization engaged in religious activi-
national service program are recruited from
tion 177; and
ties, unless such service does not involve the use
among residents of the communities in which
"(3) in the case of a program that is not fund-
of assistance provided under section 121 or
projects are to be conducted, and the extent to
ed through a State. consult with and coordinate
participants-
which participants and community residents are
activities with the State Commission for the
"(A) to give religious instruction:
involved in the design. leadership, and oper-
State in which the program operates.
"(B) to conduct worship services;
ation of the program.
"(d) EVALUATION AND PERFORMANCE GOALS.-
"(C) to provide instruction as part of a pro-
"(6) The extent to which projects would be
"(1) IN GENERAL-AR application submitted
gram that includes mandatory religious edu-
conducted in the following areas where they are
under section 130 shall also include an assur-
cation or worship:
needed most:
ance by the applicant that the applicant will-
"(D) to construct or operate facilities devoted
"(A) Communities designated as empowerment
"(A) arrange for an independent evaluation
to religious instruction or worship or to main-
zones or redevelopment areas. targeted for spe-
of any national service program carried out
tain. facilities primarily or inherently devoted to
cial economic incentives, or otherwise identifi-
using assistance provided to the applicant under
religious instruction or worship: or
able as having high concentrations of low-
section 121 or. with the approval of the Corpora-
"(E) to engage in any form of proselytization:
income people.
tion, conduct an Internal evaluation of the pro-
or
"(B) Areas that are environmentally dis-
"(5) nonprofit organization that fails to com-
tressed.
gram:
"(B) apply measurable performance goals and
ply with the restrictions contained in section
"(C) Areas adversely affected by Federal ac-
evaluation methods (such as the use of surveys
501(c) of the Internal Revenue Code of 1986 (26
tions related to the management of Federal
of participants and persons served). which are
U.S.C. 501(c)). except that nothing in this sec-
lands that result in significant regional job
to be used as part of such evaluation to deter-
tion shall be construed to prevent participants
losses and economic dislocation.
mine the impact of the program-
from engaging in advocacy activities under-
"(D) Areas adversely affected by reductions in
"(I) on communities and persons served by the
taken at their own initiative.
defense spending or the closure oT realignment
projects performed by the program;
"(b) REGIONAL CORPORATION.-The require-
of military installations.
"(ii) on participants who take part in the
ment of subsection (a) relating to an assurance
"(E) Areas that have an unemployment rate
projects; and
regarding direct benefits to businesses organized
greater than the national average unemploy-
"(iii) in such other areas as the Corporation
for profit shall not apply with respect to a Re-
ment for the most recent 12 months for which
may require; and
gional Corporation, as defined in section 3(g) of
satisfactory data are available.
"(C) cooperate with any evaluation activities
the Alaska Native Claims Settlement Act (43
''(7) In the case of applicants other than
undertaken by the Corporation.
U.S.C. 1602(g)). that is established in accord-
States, the extent to which the application is
"(2) EVALUATION.-Subject to paragraph (3).
ance with such Act as a for-proftt corporation
consistent with the application under section
the Corporation shall develop evaluation CTI-
but that is engaging in nonprofit activities.
130 of the State in which the projects would be
teria and performance 1 I applicable to all
133. CONSIDERATION OF APPLICATIONS.
conducted.
national service progr can out with as-
"(a) CORPORATION CONSIDERATION OF CER-
"(8) Such other criteria as the Corporation
sistance provided under section 121.
TAIN CRITERIA.-The Corporation shall apply
considers to be appropriate.
August 5, 1993
CONGRESSIONAL RECORD-HOUSE
H6189
"(d) OTHER CONSIDERATIONS.-
by a State Commission under section 130 for
and approved national service positions are pro-
"(I) GEOGRAPHIC DIVERSITY.-The Corpora-
funds described in section 129(a)(1). the Cor-
vided.
tion shall ensure that recipients of assistance
poration shall promptly notify the State Com-
(b) NONDISCRIMINATION AND NONPOLITICAL
provided under section 121 are geographically
mission of the reasons for the rejection of the
SELECTION OF PARTICIPANTS.-Tre recruitment
diverse and include projects to be conducted in
application.
and selection of individuals to serve in national
those urban and rural areas in a State with the
"(2) RESUBMISSION AND RECONSIDERATION.-
service programs receiving assistance under sec-
highest rases of poserty.
The Corporation shall provide a State Commis-
non 121 or to full approved national service part-
"(2) PRIORITIES-The Corporation may des-
stom notified under paragraph (1) with a reason-
tions shall be consistent with the requirements
ignate. under such criteria as may be estab-
able opportunity to revise and resubmit the ap-
of section 175.
lished by the Corporation, certain national serv-
plication. At the request of the State Commis-
"(c) SECOND TERM.-Acceptarce into a na-
we programs or types of national service pro-
sion, the Corporation shall provide technical as-
tional service program to serve a second term of
grams described in section 122(a) for priority
matance to the State Commission as part of the
service under section 139 shall only be available
consideration in the competitive distribution of
resubmission process. The Corporation shall
to individuals who perform satisfactorily in
funds under section 129(d)(2). in designating
promptly reconsider an application resubmitted
their first term of service.
national service programs to receive priority. the
under was paragraph.
"(d) RECRUITMENT AND PLACEMENT.-The
Corporation may include
"(3) REALLOTMENT-The amount of any
Corporation and each State Commission shall
"(A) national service programs carried out by
State's allotment under section 129(a) for a fis-
establish a system to recruit individuals who de-
another Federal agency;
cal year that the Corporation determines will
stre to perform national service and to assist the
"(B) national service programs that conform
not be provided for that fiscal year shall be
placement of these individuals in approved na-
to the national service priorities in effect under
available for distribution by the Corporation as
tional service peritions, which may include past-
section 122(c).
provided in paragraph (3) of such subsection.
tions available under titles I and II of the Do-
"(C) innovative national service programs:
"PART III-NATIONAL SERVICE
mestic Volunteer Service Act of 1973 (42 U.S.C.
"(D) national service programs that are well
PARTICIPANTS
4951 et seq.). The Corporation and State Com-
established in one or more States at the time of
the application and are proposed to be expanded
"EC. 187. DESCRIPTION OF PARTICIPANTS.
missions shall disseminate information regard-
to additional States using assistance provided
"Ya) IN GENERAL-Pet purposes of this sub-
ing available approved national service post-
title. an individual shall be considered to be a
tions through cooperation with secondary
under section 121.
"(E) grant programs in support of other na-
participant in a national service program car-
schools, institutions of higher education, -
playment service offices. State vocational reha-
tional service programs V the grant programs
ried out using assistance provided under section
are to be conducted by nonprofts organizations
121 if the tadividual-
bilitation agencies within the meaning of the
"(1) meets such eligibility requirements, di-
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)
with a demonstrated and extensive expertise in
rectly related to the tasks to be accomplished, as
and other State agencies that primarily serve La-
the provision of services to meet human, edu-
cational. environmental. or public safety needs
may be established by the program:
dividuals with disabilities. and other appro-
(2) to selected by the pregram to serve tn a
priate entities. particularly those organizations
"(F) professional corps programs described in
section 122(a)(8): and
position with the program;
that provide outreach to disadvantaged youths
"(3) will serve in the program for a term of
and youths who are individuals with disabil-
"(G) programs that-
itles.
YOU received funding under subtitle D of this
service spectfied tn section 139 to be performed
"(e) NATIONAL LEADERSHIP POOL-
Act. as in effect on the day before the date of
before. during. or after attendance at an Institu-
enactment of this subtitle.
tion of higher education;
"(1) SELECTION AND TRAINING.-Pro among
individuals recruited under subsection (d). the
"(ff) the Corporation determines to meet the
'YO to 17 years of age or older at the time the
requirements of sections 142 (other than sub-
individual begins the term 09 service;
Corporation may select individuals with signifi-
"(5) has received a high school diplema or its
cant leadership potential. as determined by the
section (g)). 143, and 148 through 150 of this Act.
Corporation. to receive special training to ex-
as in effect on such day. in addition to the re-
equivalent, agrees w obtain a high school di-
plema or its equivalent (unless this requirement
nance their leadership ability. The leadership
quirements of this subtitle: and
"(id) include an evaluation component.
is waived based on an individual education as
training shall be provided by the Corporation
(3) ADDITIONAL PRIORITY.- making a com-
sessment conducted by the program) and the in-
directly or through a grant or contract.
''(2) EMPHASIS ON CERTAIN INDIVIDUALS.-In
petitive distribution of funds under section
dividual did not drop out of on elementary or
selecting individuals to receive leadership train-
129(d)(2). the Corporation may give priority con-
secondary school to enroll in the program. or is
imp under this subsection, the Corporation shall
sideration to a national service program that
enrolled in BR institution of higher education on
make special efforts to select individuals who
is-
an ability to benefit basis and is considered ett-
have served-
"(A) proposed in an application submitted by
gible for funds under section 484 of the Higher
"(A) in the Peace Corps;
a State Commission: and
Education Act of 1963 (20 U.S.C. 1091): and
"(B) as VISTA volunteers;
"(B) not one of the types of programs de-
'Yo) is a citizen or national of the United
"(C) as participants in national service pro-
scribed tn paragraph (2),
States or hawful permanent resident aften of the
grams receiving assistance under section 121.
19 the State Commission provides on adequate
United States.
"(D) as participants in programs receiving as-
explanation of the reasons why It should not be
"To) SPECIAL RULES FOR CERTAIN YOUTH PRO-
sistance under subtitle D of the National and
a priority of such State to carry out any of such
ORAMS.-An individual shall be considered to be
Community Service Act of 1990, as in effect on
types of programs in the State.
a participant in a youth corps program de-
the day before the date of enactment of this sub-
"(4) REVIEW PANEL-The Corporation shall-
scribed in section 122(a)(2) or a program de-
title or
"(A) establish panels or experts for the pur-
scribed in section 122(a)(9) that is curried out
"(E) as members of the Armed Forces of the
pose of securing recommendations on applica-
with asststance provided under section 121(a) 1/
United States and who were honorably dis-
tions submitted under section 130 for more than
the individual-
charged from such service.
$250,000 in assistance, or for national service po-
"(I) sattsfies the requirements specified tn
"(3) ASSIGNMENT.-At the request of a pro-
sitions that would require more than $250,000 in
subsection (a). except paragraph (4) of such sub-
gram that receives assistance under the national
national service educational and
section; and
service laws. the Corporation may assign on in-
'`(B) consider the opinions of such panels
((2) is between the ages of 16 and 25, inclu-
dividual who receives leadership training under
prior to making ruch determinations.
stue. at the time the individual begins the term
paragraph (1) to work with the program in a
"(e) EMPHASIS ON AREAS MOST IN NEED.-In
of service.
leadership position and carry out assignments
making assistance available under section 121
"(c) WAIVER-The Corporation may waive
not otherwise performed by regular participants.
and in providing approved national service BOSt-
the requirements of subsection (a)(5)(A) with Te-
An individual assigned to a program shall be
tions under section 123. the Corporation shall
spect to on individual if the program in which
considered to be a participant of the program.
ensure that not less than 50 percent of the total
the individual seeks to become a participant
"0 EVALUATION OF SERVICE-The Corpora-
amount of assistance to be distributed to States
conducts an independent evaluation dem-
tion shall issue regulations regarding the man-
under subsections (a) and (d)(1) of section 129
anstrating that the individual is incapable of
ner and criteria by which the service of a partic-
for a fiscal year is provided to carry out or sup-
obtaining a high school diploma or 123 equipa-
ipant shall be evaluated to determine whether
pert national service programs and projects
lent.
the service is satisfactory and success/ul for
that-
"SEC. 138. SELECTION OF NATIONAL SERVICE
purposes of eligibility for 6 second term of serv-
"(I) are conducted in any of the Greas de-
PARTICIPANTE
ice or a national service educational award.
scribed subsection (C)(6) or on Federal or other
"(a) SELECTION PROCESS.-Subject to sub-
"SEC. 122. TERMS OF SERVICE
public lands, to address unmet human, edu-
sections (b) and (c) and section 131(S). the ac-
"(a) IN GENERAL-As a condition of receiving
cational. environmental. or public safety needs
tual recruitment and selection of an individual
a national service education award under sub-
in such areas or on such lands: and
to serve in a national service program receiving
title D. a participant in as approved national
"(2) place a priority on the recruitment of
assistance under section 121 or to fin an ap-
service position shall be required to perform full-
participants who are residents of any of such
proved national service position shall be con-
or part-time national service for at least one
areas or Federal or other public lands.
ducted by the State. subdivision of a State. In-
term of service specified in subsection (b).
"(f) REJECTION OF STATE APPLICATIONS.-
dian tribe, public or private nonprofit organiza-
"(b) TERM OF SERVICE.-
"(1) NOTIFICATION OF STATE APPLICANTS.-II
tion, institution of higher education. Federal
"(1) FULL-TIME SERVICE.-An individual per-
the Corporation rejects an application submitted
agency. or other entity to which the assistance
forming full-time national service in an ap-
H6190
CONGRESSIONAL RECORD-HOUSE
August 5, 1993
proved national service position shall agree to
annual subsistence allowance provided to
minumum standards established by the Corpora-
participate in the program sponsoring the post-
VISTA volunteers under section 105 of the Do-
tion. and LS consistent with other applicable
tion for not less than 1,700 hours during a pe-
mestic Volunteer Service Act of 1973 (42 U.S.C.
laws.
riod of not less than 9 months and not more
4955).
"(e) CHILD CARE.-
than I year.
"(4) PRORATION OF LIVING ALLOWANCE.-The
"(1) AVAILABILITY.-A State or other recipient
"(2) PART-TIME SERVICE.-Except as provided
amount provided as a living allowance under
of assistance under section 121 shall-
in paragraph (3). an individual performing part-
this subsection shall be prorated in the case of
"(A) make child care available for children of
time national service in an approved national
a participant who is authorized to serve a re-
each full-time participant who needs child care
service position shall agree to participate in the
duced term of service under section 139(b)(3).
in order to participate in a national service pro-
program sponsoring the position for not less
"(5) WAIVER OR REDUCTION OF LIVING ALLOW.
gram carried out or supported by the recipient
than 900 hours during a period of-
ANCE-The Corporation may waive or reduce
using the assistance; or
"(A) not more than 2 years; or
the requirement of paragraph (1) with respect to
"(B) provide a child care allowance to each
''(B) not more than 3 years If the individual is
such national service program If such program
full-time participant in a national service Dro-
enrolled in an institute of higher education
demonstrates that-
gram who needs such assistance in order to par-
while preforming all or a portion of the service.
"(A) such requirement is inconsistent with the
ticipate in the program.
"(3) REDUCTION IN HOURS OF PART-TIME SERV.
objectives of the program and
"(2) GUIDELINES-The Corporation shall es-
ICE-The Corporation may reduce the number
"(B) the amount of the living allowance that
tablish guidelines regarding the circumstances
of hours required to be served to successfully
will be provided to each full-time participant is
under which child care shall be made available
complete part-time national service to a level de-
sufficient to meet the necessary costs of living
under this subsection and the value of any al-
termined by the Corporation. ercept that any TO-
(Including food, housing. and transportation) in
lowance to be provided.
duction in the required term of service shall in-
the area in which the program is located.
"(I) INDIVIDUALIZED SUPPORT SERVICES-A
clude a corresponding reduction in the amount
''(6) EXEMPTION-The requirement of para-
State or other recipient of assistance under sec-
of any national service educational award that
graph (1) shall not apply to any program that
tion 121 shall provide reasonable accommoda-
may be available under subtitle D with regard to
was in existence on the date of the enactment of
tion, including auriliary aids and services (as
that service.
the National and Community Service Trust Act
defined in section 3(1) of the Americans with
"(c) RELEASE FROM COMPLETING TERM OF
of 1993.
Disabilities Act of 1990 (42 U.S.C. 12102(1))).
SERVICE-
"(b) COVERAGE OF CERTAIN EMPLOYMENT-RE-
based on the individualized need of a partici-
"(1) RELEASE AUTHORIZED.-A recipient of as-
LATED TAXES-To the extent a national service
pant who is a quall/ied individual with a dis-
sistance under section 121 or a program sponsor-
program that receives assistance under section
ability (as defined in section 101(8) of such Act
ing an approved national service position may
121 is subject. with respect to the participants in
(42 U.S.C. 12111(8))).
release a participant from completing a term of
the program. to the tares imposed on an em-
"(g) WAIVER OF LIMITATION ON FEDERAL
service in the position-
ployer under sections 3111 and 3301 of the Inter-
SHARE-The Corporation may waive in whole
"(A) for compelling personal circumstances as
nal Revenue Code of 1986 (26 U.S.C. 3111. 3301)
or in part the limitation on the Federal share
demonstrated by the participant, or
and tares imposed on an employer under a
specified in this section with respect to a par-
"(B) for cause.
workmen's compensation act, the assistance pro-
ticular national service program in any fiscal
''(2) EFFECT OF RELEASE FOR COMPELLING CIR-
vided to the program under section 121 shall in-
year If the Corporation determines that such a
CUMSTANCES.-If a participant eligible for re-
clude an amount sufficient to cover 85 percent
watver would be equitable due to a lack of
lease under paragraph (1)(A) is serving in an
of such tares based upon the lesser of-
available financial resources at the local level.
approved national service position. the recipient
"(1) the total average annual subsistence al-
"(h) LIMITATION ON NUMBER OF TERMS OF
of assistance under section 121 or a program
lowance provided to VISTA volunteers under
SERVICE FOR FEDERALLY SUBSIDIZED LIVING AL
sponsoring an approved national service post-
section 105 of the Domestic Volunteer Service
LOWANCE.-No national service program may
tion may elect-
Act of 1973 (42 U.S.C. 4955); and
use assistance provided under section 121. or
"(A) to grant such release and provide to the
"(2) the annual living allowance established
any other Federal funds. to provide a living al-
participant that portion of the national service
by the program.
lowance under subsection (a), a health care pol-
educational award corresponding to the portion
"(c) EXCEPTION FROM MAXIMUM LIVING AL-
icy under subsection (d). or child care or a child
of the term.of service actually completed. as pro-
LOWANCE FOR CERTAIN ASSISTANCE.-A profes-
care allowance under subsection (e). to an indi-
vided in section 147(c). or
sional corps program described in section
vidual for a third. or subsequen: term of service
"(B) to permit the participant to temporarily
122(a)(8) that desires to provide a living allow-
described in section 139(b) by the individual in
suspend performance of the term of service for a
ance in excess of the marimum allowance au-
a national service program carried out under
period of up to 2 years (and such additional pe-
thorized in subsection (a)(3) may still apply for
this subtitle.
riod as the Corporation may allow for extenual-
such assistance. except that-
"SEC. 141. NATIONAL SERVICE EDUCATIONAL
ing circumstances) and, upon completion of
"(1) any assistance provided to the applicant
AWARDS.
such period. to allow return to the program with
under section 121 may not be used to pay for
"(a) ELIGIBILITY GENERALLY.-A participant
which the individual was serving in order to
any portion of the allowance;
in a national service program carried out using
complete the remainder of the term of service
"(2) the applicant shall apply for such assist-
assistance provided to an applicant under sec-
and obtain the entire national service edu-
ance only by submitting an application to the
tion 121 shall be eligible for the national service
cational award.
Corporation for assistance on a competitive
educational award described in subtitle D If the
"(3) EFFECT OF RELEASE FOR CAUSE.-A par-
basis: and
participant-
ticipant released for cause may not receive any
"(3) the national service program shall be op-
"(1) serves in an approved national service
portion of the national service educational
erated directly by the applicant and shall meet
position; and
award.
urgent. unmet human, educational. environ-
"(2) satisfles the eligibility requirements speci-
"SEC. 140 LIVING ALLOWANCES FOR NATIONAL
mental, or public safety needs. as determined by
Red in section 146 with respect to service in that
SERVICE PARTICIPANTS.
the Corporation.
approved national service position
"(a) PROVISION OF LIVING ALLOWANCE.-
"(d) HEALTH INSURANCE.-
"(b) SPECIAL RULE FOR VISTA VOLUNTEERS.-
"(1) LIVING ALLOWANCE REQUIRED.-Subject to
"(1) IN GENERAL-A State or other recipient
A VISTA volunteer who serves in an approved
paragraph (3). a national service program car-
of assistance under section 121 shall provide a
national service position shall be ineligible for a
ned out using assistance provided under section
basic health care policy for each full-time par-
national service educational award if the
121 shall provide to each participant who par-
ticipant in a national service program carried
VISTA volunteer accepts the stipend authorized
ticipates on a full-time basis in the program a
out or supported using the assistance, If the
under section 105(a)(1) of the Domestic Volun-
living allowance in an amount equal to or great-
participant is not otherwise covered by a health
teer Service Act of 1973 (42 U.S.C. 4955(a)(1)).
er than the average annual subsistence allow-
care policy. Not more than 85 percent of the cost
(c) TABLE OF CONTENTS RELATED TO SUBTITLE
ance provided to VISTA volunteers under sec-
of a premium shall be provided by the Corpora-
C.-Section 1(b) of the National and Community
tion 105 of the Domestic Volunteer Service Act of
tion, with the remaining cost paid by the entity
Service Act of 1990 (Public Law 101-610; 104
1973 (42 U.S.C. 4955).
recetuing assistance under section 121. The Cor-
Stat. 3127) is amended by striking the items Te-
"(2) LIMITATION ON FEDERAL SHARE-The
poration shall establish minimum standards that
lating to subtitle C of title / of such Act and in-
amount of the annual living allowance provided
all plans must meet in order to qualify for pay-
serting the following new items.
under paragraph (1) that may be paid using as-
ment under this part. any circumstances in
sistance provided under section 121 and using
which an alternative health care policy may be
"Subtitle C-National Service Trust Program
any other Federal funds shall not exceed 85 per-
substituted for the basic health care policy. and
"PART I-INVESTMENT IN NATIONAL SERVICE
cent of the total average annual provided to
mechanisms to prohibit participants from drop-
"Sec. 121. Authority to provide assistance and
VISTA volunteers under section 105 of the Do-
ping existing coverage.
approved national service post-
mestic Volunteer Service Act of 1973 (42 U.S.C.
"(2) OPTION-A State or other recipient of as-
tions.
4955).
sistance under section 121 may elect to provide
"Sec. 122. Types of national service programs
"(3) MAXIMUM LIVING ALLOWANCE.-Ecept as
from its own funds a health care policy for par-
eligible for program assistance.
provided in subsection (c). the total amount of
ticipants that does not meet all of the standards
"Sec. 123. Types of national service positions
an annual Living allowance that may be pro-
established by the Corporation if the fair market
eligible for approval for national
vided to a participant in a national service pro-
value of such policy is equal to or greater than
service educational awards.
gram shall not exceed 200 percent of the average
the fair market value of a plan that meets the
124. Types of program assistance.
August 5, 1993
CONGRESSIONAL RECORD-HOUSE
H6191
"Sec. 125. Training and technical assistance.
(B) by striking ". to the Secretary of the Inte-
be known as the National Service Trust. The
"Sec. 126. Other special assistance.
rior, or to the Director of ACTION" and insert-
Trust shall consist of-
"PART II-APPLICATION AND APPROVAL PROCESS
ing "or to the Secretary of the Interior": and
"(1) from the amounts appropriated to the
(C) by adding at the end the folowing new
"Sec. 129. Provision of assistance and approved
Corporation and made available to carry out
sentence: "To the extent practicable, the Cor-
national service positions by com-
this subtitle pursuant to section 501(a)(2). such
poration shall apply the provisions of subtitle C
petitive and other means.
amounts as the Corporation may designate to be
in making grants under this section.
"Sec. 130. Application for assistance and ap-
available for the payment of-
(3) PURCHASE OF CAPITAL EQUIPMENT.-Sec-
"(A) national service educational awards; and
proved national service positions.
tion 199B of such Act (as redesignated in sub-
"(B) interest expenses pursuant to section
"Sec. 131. National service program assistance
section (a)(3) of this section) (42 U.S.C. 12542) is
148(e):
requirements.
amended to read as follows:
"(2) any amounts received by the Corporation
"Sec. 132. Ineligible service categories.
"SEC. 190B. LIMITATION ON PURCHASE OF CAP.
as gifts. bequests, devises, or otherwise pursuant
"Sec. 133. Consideration of applications.
ITAL EQUIPMENT.
to section 196(a)(2); and
"PART III-NATIONAL SERVICE PARTICIPANTS
"Not to exceed 10 percent of the amount of as-
"(3) the interest on, and proceeds from the
"Sec. 137. Description of participants.
sistance made available to a program agency
sale or redemption of, any obligations held by
under this subtitle shall be used for the pur-
the Trust.
"Sec. 138. Selection of national service partici-
chase of major capital equipment.".
"(b) INVESTMENT OF TRUST.-It shall be the
pants.
"Sec. 139. Terms of service.
(4) STATE APPLICATION.-Section 199C of such
duty of the Secretary of the Treasury to in
"Sec. 140. Living allowances for national serv-
Act (as redesignated in subsection (a)(3) of this
in full the amounts appropriated to the Trust.
ice participants.
section) (42 U.S.C. 12543) is amended-
Except as otherwise expressly provided in in-
"Sec. 141. National service educational
(A) in subsection (a)-
struments concerning a gift. bequest. devise. or
awards.".
(1) by striking "section 122(b)" and inserting
other donation and agreed to by the Corpora-
"section 199A": and
tion, such investments may be made only in in-
(d) LIVING ALLOWANCE UNDER SUBTITLE 1.-
(ii) by striking ". including the information
terest-bearing obligations of the United States or
Section 199M(a) of the National and Community
required under subsection (b)" before the period
in obligations guaranteed as to both principal
Service Act of 1990 (former section 133(a) of such
at the end thereof; and
and interest by the United States. For such pur-
Act as redesignated in subsection (a)(3) of this
(B) by striking subsections (c) and (d).
pose. such obligations may be acquired on origi-
section) (42 U.S.C. 12553(a)) is amended by strik-
(5) FOCUS OF PROGRAMS.-Section 199D of
nal issue at the issue price OT by purchase of
ing paragraphs (1) and (2) and inserting the fol-
such Act (as redesignated in subsection (a)(3) of
outstanding obligations at the market price.
lowing new paragraphs:
this section) (42 U.S.C. 12544) is amended-
Any obligation acquired by the Trust may be
"(1) LIVING ALLOWANCE REQUIRED -Subject to
(A) by striking subsection (b); and
sold by the Secretary at the market price.
paragraph (3). each participant in a full-time
(B) by redesignating subsection (c) as sub-
"(c) EXPENDITURES FROM TRUST.-Amounts
youth corps program that receives assistance
section (b).
in the Trust shall be available, to the extent
under this subtitle shall receive a living allow-
(6) PUBLIC LANDS.-Section 199F(b) of such
provided for in advance by appropriation, for
ance in an amount equal to or greater than the
Act (as redesignated in subsection (a)(3) of this
payments of national service educational
average annual subsistence allowance provided
section) (42 U.S.C. 12546(b)) is amended by strik-
awards in accordance with section 148.
to VISTA volunteers under section 105 of the
ing "section 123" and inserting "section 199C".
"(d) REPORTS TO CONGRESS ON RECEIPTS AND
Domestic Volunteer Service Act of 1973 (42
(7) PREFERENCE-Section 1991(a) of such Act
EXPENDITURES-No later than March I of each
U.S.C. 4955).
(as redesignated in subsection (a)(3) of this sec-
year. the Corporation shall submit a report to
''(2) LIMITATION ON FEDERAL SHARE-The
tion) (42 U.S.C. 12549) is amended by striking
the Congress on the financial status of the Trust
amount of the annual living allowance provided
"section 123" and inserting "section 199C".
during the preceding fiscal year. Such report
under paragraph (1) that may be paid using as-
(8) OBSOLETE PROVISIONS.-Such subtitle is
shall-
sistance provided under this subtitle. section
further amended-
"(1) specify the amount deposited to the Trust
121. and any other Federal funds shall not er-
(A) by striking sections 199H and 199L (as re-
from the most recent appropriation to the Cor-
ceed 85 percent of the total average annual sub-
designated in subsection (a)(3) of this section)
poration, the amount received by the Corpora-
sistence allowance provided to VISTA volun-
(42 U.S.C. 12548, 12552): and
tion as gifts. bequests, devises, or otherwise pur-
teers under section 105 of the Domestic Volun-
(B) by redesignating sections 1991. 199J. 199K,
suant to section 196(a)(2) during the period COD-
teer Service Act of 1973 (42 U.S.C. 4955).
190M. 199N, and 1990 (as previosly redesig-
ered by the report, and any amounts obtai
"(3) MAXIMUM LIVING ALLOWANCE.-The total
nated) as sections 199H. 1991, 199J, 199K, 199L.
by the Trust pursuant to subsection (a)(3):
amount of an annual living allowance that may
and 199M. respectively.
"(2) identify the number of individuals who
be provided to a participant in a full-time youth
(f) TABLE OF CONTENTS RELATED TO SUBTITLE
are currently performing service to qualify, or
corps program that receives assistance under
I.-Section 1(b) of the National and Community
have qualified, for national service educational
this subtitle shall not exceed 200 percent of the
Service Act of 1990 (Public Law 101-610; 104
awards;
average annual subsistence allowance provided
Stat. 3127) is amended by inserting after the
"(3) identify the number of individuals whose
to VISTA volunteers under section 105 of the
item relating to section 1950 the following new
expectation to receive national service edu-
Domestic Volunteer Service Act of 1973 (42
items:
cational awards during the period covered by
U.S.C. 4955).
the report-
"(4) WAIVER OR REDUCTION OF LIVIN
"(A) has been reduced pursuant to section
ANCE.-The Corporation may waive
147(c); or
the requirement of paragraph (1) with
"(B) has lapsed pursuant to section 146(d):
such national service program V suc)
and
demonstrates that-
"(4) estimate the number of additional ap-
"(A) such requirement is inconsisten
proved national service positions that the Cor-
objectives of the program: and
poration will be able to make available under
"(B) the amount of the living allow
subtitle C on the basis of any accumulated
will be provided to each full-time par
plus in the Trust above the amount requi to
sufficient to meet the necessary costs
provide national service educational awards to
(including food, housing, and transport
individuals identified under paragraph (2). in-
the area in which the program is locat
cluding any amounts available as a result of the
''(5) EXEMPTION.-The requirement
circumstances referred to in paragraph (3).
graph (1) shall not apply to any pro
"SEC. 148. INDIVIDUALS ELIGIBLE TO RECEIVE A
NATIONAL SERVICE EDUCATIONAL
was in eristence on the date of the end
AWARD FROM THE TRUST.
the National and Community Service
"(a) ELIGIBLE INDIVIDUALS.-An individual
of 1993.'.
shall receive a national service educational
(e)
TECHNICAL
AND
CONFORMING
AMEND-
SEC. 108. NATIONAL SERVICE TRUST AND PROVI.
award from the National Service Trust If the
MENTS.-
SION OF NATIONAL SERVICE EDU-
individual-
(1) REFERENCES-Subtitle I of title I of the
CATIONAL AWARDS.
(a) ESTABLISHMENT OF TRUST. PROVISION OF
"(1) successfully completes the required term
National and Community Service Act of 1990 (as
so redesignated by subsection (a)(1) of this sec-
AWARDS.-Subttle D of title I of the National
of service described in subsection (b) in an ap-
tion) is amended by striking "Commission" each
and Community Service Act of 1990 (42 U.S.C.
proved national service position;
"(2) was 17 years of age or older at the
place it appears in sections 199A. 199C, 199D,
12571 et seq.) is amended to read as follows:
the individual began serving in the approved
199F. 1991. 199M. and 199N (as redesignated in
"Subtitle D-National Service Trust and Pre-
national service position or was an out-of-school
subsection (a)(3) of this section) and inserting
vision of National Service Educational
youth serving in an approved national service
"Corporation".
Awards
position with a youth corps program described
(2) GENERAL AUTHORITY.-Section 199A of
"SEC. 145. ESTABLISHMENT OF THE NATIONAL
in section 122(a)(2) or a program described in
such Act (as redesignated in subsection (a)(3) of
SERVICE TRUST.
section 122(a)(9):
this section) (42 U.S.C. 12541) is amended-
"(a) ESTABLISHMENT-Thare is established in
"(3) at the time the individual uses the na-
(A) by striking "under section 102'':
the Treasury of the United States an account to
#
service educational award-
H6192
CONGRESSIONAL RECORD-HOUSE
August 5, 1993
"(A) has received a High school diploma, or
rehabilitation program described in paragraph
"(B) indicates. or permits the Corporation is
the equivalent of such diploma;
(2).
determine readily. the amounts of principal and
"(B) is enrolled at on institution of higher
(d) DEFINITIONS - A. used IR this subsection.
incerest outstanding on the loans:
education on the basis of meeting the standard
the term controlled substance has the meaning
"(C) specifies. If the outstanding balance is
described in paragraph (1) or (2) of subsection
groen in section 102(6) of the Controlled sub
greater than the amount disbursed under para-
(a) of section 484 of the Higher Education Act of
stances Act (21 U.S.C. 802(6)).
graph (2). which of the loans the individual pre-
1965 (20 U.S.C. 1091) and meets the requirements
(15) EFFECTIVE DATE.-This subsection shall
fers to be paid by the Corporation. and
of subsection (a) of such section; or
be effective upon publication by the Corporation
"(D) contains or is accompanied by such other
"(C) has received a watver described in sec-
in the Federal Register of criteria prescribed
information as the Corporation may require
tion 137(c): and
under paragraph (2).
"(2) DISBURSEMENT OF REPAYMENTS.-Con
"(3) has received a high school diploma. or the
"in AUTHORITY To ESTABLISH DEMONSTRA
receipt of an application from an eligible indi-
equivalent of such diploma, at the time the tndi-
TION PROGRAMS.-The Corporation may estab-
vidual of an application that complies with
vidual uses the national service educational
lish by regulation demonstration programs for
paragraph (1). the Corporation shall as prompt-
award. unless this requirement has been waited
the creation and evaluation of innovative vol-
lb as practicable consistent with paragraph (5).
based on an individual education assessment
unteer and community service programs.
disburse the amount of the national service edu-
conducted by the program. and
"SEC. 147 DETERMINATION OF THE AMOUNT OF
cational award that the eligible individual has
"(4) is a citizen or national of the United
THE NATIONAL SERVICE EDU.
CATIONAL AWARD
earned. Such disbursement shall be made by
States or lawful permanent resident alten of the
"(a) AMOUNT FOR FULL-TIME NATIONAL SERV-
check or other means that is payable to the
United States.
holder of the loan and requires the endorsement
"(b) TERM OF SERVICE-The term of service
ICE-EIcept as provided in subsection (c), an
or other certification by the eligible individual
for an approved national service position shall
individual described in section 146(a) who suc-
"(3) APPLICATION OF DISBURSED AMOUNTS.-If
not be less than the full- or part-time term of
cessfully completes a required term of full-time
the amount disbursed under paragraph (2) is
service specified in section 139(b).
national service in an approved national service
less than the principal and accrued interest on
"(c) LIMITATION ON NUMBER OF TERMS OF
position shall receive a national service edu-
any qualtfied student loan. such amount shall
SERVICE FOR AWARDS.-Although OR individual
cational award having a value, for each of not
be applied according to the specified priorities of
may serve more than 2 terms of service described
more than 2 of such terms of service, equal to 90
the individual.
in subsection (b) in an approved national serv-
percent of
"(4) REPORTS BY HOLDERS-Any holder re-
ice position, the individual skall receive a na-
"(1) one-half of an amount equal to the aggre-
celving a loan payment pursuant to this sub-
tional service educational award from the No-
gate basic educational assistance allowance pro-
vided in section 3015(b)(1) of title 38, United
section shall submit to the Corporation such in-
tional Service Trust only on the basis of the first
formation as the Corporation may require to
and second of such terms of service.
States Code (as in effect on July 28. 1993). for
the period referred to in section 3013(a)(1) of
verify that such payment was applied 171 accord-
"(d) TIME FOR USE OF EDUCATIONAL
ance with this subsection and any regulations
AWARD.-
such title (as in effect on July 28. 1993). for a
prescribed to carry out this subsection.
"(1) SEVEN-YEAR REQUIREMENT-An individ-
member of the Armed Forces who is entitled to
"(5) NOTIFICATION OF INDIVIDUAL-The Cor-
ual eligible to receive a national service edu-
such an allowance under section 3011 of such
poration upon distrussing the national service
cational award under this section may not use
title and whose tritial obligated period of active
educational award. shall nottfy the individual
such award after the end of the 7-year period
duty is 2 years. less
"(2) one-half of the aggregate basic contribu-
of the amount paid for each outstanding loan
beginning on the date the individual completes
the term of service in an approved national serv-
tion required to be made by the member in sec-
and the date of payment.
''(6) AUTHORITY TO AGGREGATE PAYMENTS.-
ice position that is the basis of the award.
tion 3011(b) of suck title (as in effect on July 28.
"(2) EXCEPTION-The Corporation may es-
1993).
The Corporation may. by regulation. provide for
(b) AMOUNT FOR PART-TIME NATIONAL SERV-
the aggregation of payments to holders under
tend the period within which an individual may
this subsection.
use a national service educational award if the
ICE-Except as provided in subsection (c). on
"(7) DEFINITION OF QUALIFIED STUDENT
Corporation determines that the individual-
individual described in section 146(a) who suc-
LOANS.-As used in this subsection. the term
"(A) was unavoidably prevented from using
cessfully completes a required term of part-time
qualified student loans' means-
the national service educational award during
national service in an approved national service
"(A) any loan made, insured. OF guaranteed
the original 7-year period. or
position shall receive a national service edu-
persuant to title IV of the Higher Education Act
"(B) performed another term of service tn on
cational award having a value. for each of not
of 1965 (20 U.S.C. 1070 et seq.). other than a !oan
approved national service position during that
move than 2 of such terms of service, equal to 50
to a parent of a student pursuant to section
period.
percent of value of the national service edu-
428B of such Act (20 U.S.C. 1078-2): and
"(e) SUSPENSION OF ELIGIBILITY FOR DRUG-
cational award determined under subsection (a).
RELATED OFFENSES-
"(c) AWARD FOR PARTIAL COMPLETION or
"(B) any loan made pursuant to title VII or
SERVICE.-11 an individual serving IN an up-
VIII of the Public Health Service Act (42 U.S.C.
"(1) IN GENERAL-An individual who. after
proved national service position is released in
292a et seq.).
qualifying under this section as on eligible Indi-
"(8) DEFINITION OF HOLDER.-As used in this
vidual. has been convicted under any Federal or
accordance with section 139(c)(1)(A) from com-
subsection, the term 'holder' with respect LO any
State law of the possession or sale of . con-
pleting the full-time or part-time term of service
eligible loan means the original lender or 1/ the
trolled substance shall not be eligible to receive
agreed to by the individual. the Corporation
loan is subsequently sold. transferred. or as-
a national service educational award during the
may provide the individual with that portion of
signed to some other person. and such other per-
period beginning on the date of such conviction
the national service educational award ap-
son acquires a legally enforceable right to re-
and ending after the interval spectfied fm the
proved for the individual that corresponds to
casue payments from the borrower. such other
following table:
the quantity of the term of service actually com-
person.
pleted by the individual.
"(c) USE OF EDUCATIONAL AWARDS TO PAY
"SEC. 148. DISBURSEMENT OF NATIONAL SERV.
CURRENT EDUCATIONAL EXPENSES.-
ICE EDUCATIONAL AWARDS
"If consicted of
"(1) APPLICATION BY ELIGIBLE INDIVIDUAL-
"(a) IN GENERAL-Amouets in the Trust shall
The possession of a con-
Ineligibility period is
An eligible individual under section 146 is no de-
be available-
trolled substance:
"()) to repay student loans in accordance
stres to apply the individual's national service
1st conviction
1 year
educational award to the payment of current
2nd consiction
2 years
with subsection (b).
Inde/inite
"(2) to pay all or part of the cost of attend-
full-time or part-time educational expenses
Jrd conviction
ance at an institution of higher education in ac-
shall. on a form prescribed by the Corporation.
The sale of . controlled
cordance with subsection (c):
submit an application to the institution of high-
substance:
1st consiction
8 years
"(3) to pay expenses incurred in participating
er education in which the student will be en-
2nd conviction
indeffinite
in an approved school-to-work program in ac-
volled that contains such information as the
cordance with subsection (d): and
Corporation may require to ver.fy the induid-
**(2) REHABILITATION.-An individual whose
"(4) to pay interest expenses in accordance
ual's eligibility.
eligibility has been suspended under paragraph
with regulations prescribed pursuant to sub-
''(2) SUBMISSION OF REQUESTS FOR PAYMENT
(1) shall resume eligibility before the end of the
section (e).
BY INSTITUTIONS.-An institution cf higher edu-
period determined under such paragraph if the
"(b) USE OF EDUCATIONAL AWARD TO REPAY
cation that receives one or more applications
individual satisfactorily completes a drug reha-
OUTSTANDING STUDENT LOANS-
that comply with paragraph (1) shall submit to
bilttation program that complies with such CTL-
"(I) APPLICATION BY ELIGIBLE INDIVIDUALS.-
the Corporation a statement. in a manner pre-
teria as the Corporation shall prescribe for pur-
An eligible individual under section 146 who de-
scribed by the Corporation, that-
poses of this paragraph.
stres to apply the national service educational
"(A) identifies each eligible individual filing
"(3) FIRST CONVICTIONS.-An individual
award of the individual to the repayment of
an application under paragraph (1) for a dts-
whose eligibility has been suspended under
qualified student loans shall submit. in a man-
bursement of the individual's national service
paragraph (1) and is convicted of a first offense
ner prescribed by the Corporation, an applica-
educational award under this subsection.
may resume eligibility before the end of the pe-
non to the Corporation that-
"(B) specifies the amounts for which such elt-
riod determined under such paragraph If the in-
"(A) identifies, or permits the Corporation to
gible individuals are, consistent with paragraph
dividual demonstrates that he or she has en-
identify readily. the holder or holders of such
(6), qualified for disbursement under this sub-
rolled or been accepted for enrollment in a drug
loans;
section;
August 5, 1993
CONGRESSIONAL RECORD-HOUSE
H 6193
"(C) certifies that-
section (b)(6)). If the eligible individual success-
(4) DEFINITION OF INCOME.-Section 480(a)(2)
"(I) the institution of higher education has in
fully completes the individual's required term of
of the Higher Education Act of 1965 (20 U.S.C.
effect a program participation agreement under
service (as determined under section 146(b)).
1087vv(a)(2)) is amended by inserting after "by
section 487 of the Higher Education Act of 1965
such regulations shall be prescribed after con-
an individual" the following: ". and no portion
(20 U.S.C. 1094):
sultation with the Secretary of Education.
of a national service educational award or post-
"(11) the institution's eligibility to participate
"(f) EXCEPTION.-With the approval of the Dr-
service benefit received by an individual under
in any of the programs under title IV of such
rector, an approved national service program
title I of the National and Community Service
Act (20 U.S.C. 1070 et seq.) has not been limited.
funded under section 121. may offer participants
Act of 1990 (42 U.S.C. 12571 et seq.)."
suspended. or terminated; and
the option of waiving their right to receive a na-
(5) IMPACT ON GENERAL NEEDS ANALYSIS.-Sec-
"(itt) individuals using national service edu-
tional service education award in order to re-
tion 480()) of the Higher Education Act of 1965
cational awards received under this subtitle to
celve an alternative post-service benefit funded
(20 U.S.C. 1087vv(i)) is amended by adding at
pay for educational costs do not comprise more
or the program entirely with non-Federal funds.
the end the following new paragraph:
than 15 percent of the total student population
"(g) DEFINITION OF INSTITUTION OF HIGHER
"(3) Notwithstanding paragraph (1). a na-
of the institution: and
EDUCATION-Notwithstanding section 101 of
tional service educational award or post-service
"(D) contains such provisions concerning fl-
this Act, for purposes of this section the term
benefit under title I of the National and Com-
nancial compliance as the Corporation may re-
institution of higher education' has the mean-
munity Service Act of 1990 (42 U.S.C. 12571 et
quire.
ing provided by section 481(a) of the Higher
seq.) shall not be treated as financial assistance
"(3) DISBURSEMENT OF PAYMENTS.-Upon re-
Education Act of 1965 (20 U.S.C. 1088(a)).
for purposes of section 471(3)."
ceipt of a statement from an institution of high-
(b) TABLE OF CONTENTS.-Section 1(b) of the
SEC. 103. SCHOOL-BASED AND COMMUNITY-
er education that complies with paragraph (2).
National and Community Service Act of 1990
BASED SERVICE-LEARNING PRO-
the Corporation shall. subject to paragraph (4),
(Public Law 101-610; 104 Stat. 3127) is amended
GRAMS
disburse the total amount of the national service
by striking the items relating to subtitle D of
(a) AMENDMENTS TO SERVE-AMERICA PRO-
educational awards for which eligible individ-
title I of such Act and inserting the following
GRAMS.-
uals who have submitted applications to that in-
new items:
(1) PURPOSE-The purpose of this subsection
stitution under paragraph (1) are scheduled to
"Subtitle D-National Service Trust and Provi-
is to improve the Serve-America programs estab-
receive. Such disbursement shall be made by
sion of National Service Educational Awards
lished under part I of subtitle B of the National
check or other means that is payable to the in-
"Sec. 145. Establishment of the National Service
and Community Service Act of 1990, and to en-
stitution and requires the endorsement or other
Trust.
able the Corporation for National and Cc -
certification by the eligible individual.
"Sec. 146. Individuals eligible to receive a na-
nity Service. and the entities receiving financial
"(4) MULTIPLE DISBURSEMENTS REQUIRED.-
tional service educational award
assistance under such part. to-
The total amount required to be disbursed to an
from the Trust.
(A) work with teachers in elementary schools
institution of higher education under paragraph
"Sec. 147. Determination of the amount of the
and secondary schools within a community. and
(3) for any period of enrollment shall be dis-
national service educational
with community-based agencies. to create and
bursed by the Corporation in 2 or more install-
award.
offer service-learning opportunities for all
ments, none of which exceeds 1/3 of such total
"Sec. 148. Disbursement of national service
school-age youth:
amount. The interval between the first and sec-
educational awards.".
(B) educate teachers, and faculty providing
and such installment shall not be less than 1/2 of
teacher training and retraining. about service-
(c) CONFORMING AMENDMENTS.-
such period of enrollment. except as necessary
(1) FORBEARANCE IN THE COLLECTION OF STAF-
learning. and incorporate service-learning op-
to permit the second installment to be paid at
FORD LOANS.-Section 428 of the Higher Edu-
portunities into classroom teaching to strength-
the beginning of the second semester. quarter, or
cation Act of 1965 (20 U.S.C. 1078) is amended-
en academic learning:
stmilar division of such period of enrollment.
(C) coordinate the work of adult volunteers
(A) in subsection (b)(1)-
"(5) REFUND RULES-The Corporation shall,
(1) by redesignating subparagraphs (W), (X),
who work with elementary and secondary
by regulation, provide for the refund to the Cor-
and (Y) as subparagraphs (X), (Y), and (Z), re-
schools as part of their community service ac-
poration (and the crediting to the national serv-
tivities; and
spectively; and
ice educational award of an eligible individual)
(ii) by inserting immediately after subpara-
(D) work with employers in the communities
of amounts disbursed to institutions for the ben-
graph (V) the following new subparagraph:
to ensure that projects introduce the students to
efit of eligible individuals who withdraw or oth-
"(W)(i) provides that, upon written request. a
various careers and erpose the students to
erwise fail to complete the period of enrollment
lender shall grant a borrower forbearance on
ed further education and training.
for which the assistance was provided. Such
(2) PROGRAMS.-Subtitle B of title I of the Na-
such terms as are otherwise consistent with the
regulations shall be consistent with the fair and
regulations of the Secretary, during periods in
tional and Community Service Act of 1990 (42
equitable refund policies required of institutions
which the borrower is serving in a national
U.S.C. 12501 et seq.) is amended by striking the
pursuant to section 484B of the Higher Edu-
subtitle heading and all that follows through
service position, for which the borrower receives
cation Act of 1965 (20 U.S.C. 1091b). Amounts 16-
a national service educational award under the
the end of part I and inserting the following:
funded to the Trust pursuant to this paragraph
National and Community Service Trust Act of
"Subtitle B-Scheol-Based and Community-
may be used by the Corporation to fund addi-
1993:
Based Service-Learning Programs
tional approved national service positions under
"(ii) provides that clauses (ui) and (tv) of sub-
"PART I-SERVE-AMERICA PROGRAMS
subtitle C.
paragraph (V) shall also apply to a forbearance
"Subpart A-School-Based Programs for
"(6) MAXIMUM AWARD.-The portion of an elt-
granted under this subparagraph; and
Students
gible individual's total available national serv-
"(I#) provides that interest shall continue to
"SEC. 111. AUTHORITY TO ASSIST STATES AND IN-
ice educational award that may be disbursed
accrue on a loan for which a borrower receives
DIAN TRIBES.
under this subsection for any period of enroll-
forbearance under this subparagraph and shall
"(a) USE OF FUNDS.-The Corporation, in con-
ment shall not exceed the difference between-
be capitalized or paid or the borrower:"; and
sultation with the Secretary of Education. may
"(A) the eligible individual's cost of attend-
(B) in subsection (c)(3)(A). by striking "sub-
make grants under section 112(b)(1). and allot-
ance for such period of envollment, determined
section (b)(1)(V)" and inserting "subparagraphs
ments under subsections (a) and (b)(2) of section
in accordance with section 472 of the Higher
(V) and (W) of subsection (b)(1)".
112. to States (through State educational agen-
Education Act of 1965 (20 U.S.C. 108711); and
(2) ELIGIBILITY FOR STAFFORD LOAN FORGIVE-
cies). and to Indian tribes. to pay for the Fed-
"(B) the sum of-
NESS.-Section 428J of the Higher Education Act
eral share of-
"(1) the student's estimated financial assist-
of 1965 (20 U.S.C. 1078-10) is amended-
"(1) planning and building the capacity of the
ance for such period under part A of title IV of
(A) in subsection (b)(1). is amended by strik-
States or Indian tribes (which may be accom-
such Act (20 U.S.C. 1070 et seq.); and
ing "October 1. 1992'' and inserting "October 1.
plished through grants or contracts with qualt-
"(11) the student's veterans' education bene-
1989": and
fled organizations) to implement school-based
fits. determined in accordance with section
(B) in subsection (c), by adding at the end the
service-learning programs. including-
480(c) of such Act (20 U.S.C. 1087vv(c)).
following new paragraph:
"(A) providing training for teachers. super-
"(d) USE OF EDUCATIONAL AWARD To PAR-
"(5) INELIGIBILITY OF NATIONAL SERVICE EDU-
visors. personnel from community-based agen-
TICIPATE IN APPROVED SCHOOL-TO-WORK PRO-
CATIONAL AWARD RECIPIENTS.-No student bor-
cles (particularly with regard to the utilization
GRAMS.-The Corporation shall by regulation
TOWER may. for the same volunteer service, TE-
of participants). and trainers, to be conduc
provide for the payment of national service edu-
celve a benefit under both this section and sub-
by qualified individuals or. organizations that
cational awards to permit eligible individuals to
title D of title I of the National and Community
have experience with service-learning:
participate in school-to-work programs ap-
Service Act of 1990 (42 U.S.C. 12571 et seq.).'
"(B) developing service-learning curricula to
proved by the Secretaries of Labor and Edu-
(3) ELIGIBILITY POR PERKINS LOAN FORGIVE-
be integrated into academic programs, including
cation.
NESS.-Section 465(a) of the Higher Education
the age-appropriate learning component de-
''(e) INTEREST PAYMENTS DURING FORBEAR-
Act of 1965 (20 U.S.C. 1087ee(a)) is amended by
scribed in section 114(d)(2):
ANCE ON LOAN REPAYMENT.-The Corporation
adding at the end the following new paragraph:
"(C) forming local partnerships described in
shall provide by regulation for the payment on
"(6) No borrower may, for the same volunteer
paragraph (2) or (4) to develop school-t
behalf of an eligible individual of interest that
service. receive a benefit under both this section
service-learning programs in accordance with
accrues during a period for which such individ-
and subtitle D of title I of the National and
this subport;
val has obtained forbearance in the repayment
Community Service Act of 1990 (42 U.S.C. 12571
"(D) devising appropriate methods for TE-
of a qualified student loan (as defined in sub-
et seq.)."
search and evaluation of the educational value
H6194
CONGRESSIONAL RECORD-HOUSE
August 5, 1993
of service-learning and the effect of service-
allotment under subsection (a) or (b)(2) or sec-
DEFINITION section
learning activities OR communities: and
tion 112. that meets the requirements of section
101(26). 'or purposes of this subsection. the term
"(E) establishing effective outreach and die-
113 and such other requirements as the Chief
State means each of the several States. the Dis-
semination of taformation to ensure Use broadest
Erecutive Officer may determine to be appro-
trict of Columbia. and the Commonwealth of
possible involvement of community-based agen-
priate. the Corporation may use the allotment of
Puerto Rico.
clea with demonstrated effectiveness in working
that State to make direct grants to pay for the
"(c) REALLCTMENT - the Corporation deter-
with school-age youth tst their communities:
Federal share of the cost of-
mines that the allotment of a State or Intian
(1(2) implementtag. operating. or expanding
"(1) carrying out the activities described in
tribe under this section will not be required for
school-based service-learning programs. which
paragraph (2) or (4) of section 111(a). to a local
a fiscal year because the State or Indian tribe
may include paying for the cost of the recruit-
partnership described in such paragraph: or
does not submit an application for the allotment
ment, training. supervision. placement. salaries.
"(2) carrying out the activities described in
under section 113 that meets the requirements of
and benefits of service-learning coordinators
paragraph (3) of ruch section. to an agency de-
such section and such other requirements as the
through State distribution of Federal funds
scribed in such paragraph.
Chief Erecutive Officer may determine to be ap-
made available under this subport to projects
that is located to the State.
propriate. the Corporation shall. after making
operated by local partnerships among-
"SBC. 111B. AUTHORITY TO ASSIST PUBLIC OR
any grants under section 111A to a partnership
(A) local educational agencies; and
PRIVATE NONPROFIT ORGANIZA.
"(B) one or more community partners that-
TIONS.
OF agency described in such section. maice any
"(1) shall include a public or private nonprofit
remainder of such allotment available for real-
"(a) IN GENERAL-The Corporation may make
lotment to such other States and Indian tribes.
organization that-
grants under section 112(b)(1) to public or pri-
(1) has a demonstrated expertise tn the provi-
with approved applications submitted under sec-
vate nonprofit organizations that
sion of services to meet unmet human. edu-
"(1) have experience with service-learning:
tion 113. as the Corporation may determine to be
cational environmental. or public safety needs.
appropriate.
"(2) were in existence at least 1 year before
"(II) was in existence at least 1 year before
the date 0% which the organization submitted
'(d) EXCEPTION.-Notoithstanding sub-
the date on which the organization submitted
sections (a) and (b). V less than $20,000,000 is
an application under section 114(a): and
an application under section 114; and
"(3) meet such other criteria as the Chief Ex-
appropriated for any fiscal year to carry out
"(III) will make projects available for partici-
ecutive Officer may establish.
this subpart. the Corporation shall award
pants. who shall be students; and
"(b) USE OF FUNDS.Such organizations may
grants to States and Indian tribes. from the
"(ii) may include a private for-proftt business
use grants made under subsection (a) to make
amount so appropriated, on a competitive basis
or prinate elementary or secondary school:
grants to partnerships described in paragraph
to pay for the Federal share of the activities de-
"(3) planning of school-based service-learning
scribed in section III.
(2) or (4) of section 111(a) to implement, operate,
programs. through State distribution of Federal
or erpand school-based service-learning pro-
"SEC. 112 STATE OR TRIBAL APPLICATIONS.
funds made available under this subport to local
grams as described in such section and provide
"(a) SUBMISSION.-To be eligible to receive a
educational agencies, which planning may ta-
technical assistance and training to appropriate
grant under section 112(b)(1). an allotment
clude paying for the cost of-
"(A) the salaries and benefits of service-learn-
persons.
under subsection (a) or (b)(2) of section 112. a
"SBC. 112 GRANTS AND ALLOTMENTS.
reallotment under section 112(c), or a grant
tag coordinators; oT
"(B) the recruitment. training. supervision,
"(a) INDIAN TRIBES AND TERRITORIES.-Of the
under section 112(d). a State. acting through the
amounts appropriated to carry out this subport
State educational agency. or an Indian tribe.
and placement of service-learning coordinators
for any fiscal year. the Corporation shall re-
shall prepare. submit to the Corporation, and
who are participants in a program under sub-
title Coor receive a national service educational
serve OR amount of not more than 3 percent for
obtain approval of. an application at such time
award under subtitle D.
payments to Indian tribes, the United States
and in such manner as the Chief Executive Offi-
Virgin Islands, Guam. American Samoa, and the
cer may reasonably require.
who will identify the community partners de-
Commonwealth of the Northern Markina Is-
"(0) CONTENTS.-An application that is sub-
scribed to paragraph (2)(B) and assist to the de-
lands, to be allotted in accordance with thetr re-
mitted under subsection (a) with respect to serv-
sign and implementation of a program described
in paragraph (2): and
spective needs. The Corporation may also make
ice-learning programs described in section 111
shall traclude-
"(4) implementing, operating, or expanding
payments from suck amount to Palau, in ac-
school-based service-learning programs invoice
cordance with its needs, until such time as the
"(1) a 3-year strategic plan, or a revision of a
ing adult volunteers to utilize service-learising
Compact of Pree Association with Palan is rati-
previously approved 3-year strategic plan, for
to improve the education of students. through
fled.
promoting service-learning through the pro-
'YD) GRANTS AND ALLOTMENTS THROUGH
grams. which plan shall contain such informa-
State distribution of Federal funds made orall-
aole under this part to local partnerships
STATES-The Corporation shall use the remain-
tion as the Chief Erecutive Officer may reason-
among-
der of the funds apprepriated to carry out this
ably require. including information demonstral-
"(A) local educational agencies; and
subport for any flacal year as follows:
ing that the programs will be carried out in a
''') GRANTS-Except as provided tn para-
manner consistent with the approved strategic
"(B) one or more-
graph (3). from 25 percent of such remainder,
plan,
"A) public or private nonprofit organizations;
"(ii) other educational agencies: or
the Corporation may make grants. on a competi-
"(2) assurances that-
'THI) private for-profts businesses,
time basis. to-
"(A) the applicant will keep such records and
that coordinate and operate projects for partici-
'14) States and Indian tribes: or
provide such information to the Corporation
pants. who shall be students.
"(B) as described in section 111B, to
with respect to the programs as may be required
"(b) DOTIES OF SERVICE-LEARNING COORDINA-
grantmaking sutities.
for fiscal audits and program evaluation: and
TOR.-A service-learning coordinator referred to
"(2) ALLOTMENTS-
"(B) the applicant will comply with the non-
in paragraph (2) or (3) of subsection (a) shall
"(A) SCHOOL-AGE FOUTH.-Except as provided
duplication and nondisplacement requirements
provide services to a local educational agency
in paragraph (3). from 37.5 percent of such Te-
of section 177 and the grievance procedure re-
of
matnder, the Corporation spall allet to each
quirements of section 176(f): and
"(1) providing technical assistance and infor-
State on commont that bears the same ratio to
"(3) such additional information as the Chief
mation to, and factitiating the training of,
37.5 percent of such remainder as the number of
Executive Officer may reasonably require.
teachers who want to use service-learning in
school-age youth in the State bears to the total
"SEC. 114 LOCAL APPLICATIONS.
their classrooms;
number of school-age youth of all States.
"(a) APPLICATION TO CORPORATION TO MAKE
"(2) assisting local partnerships described in
"(B) ALLOCATION UNDER ELEMENTARY AND
GRANTS FOR SCHOOL-BASED SERVICE-LEARNING
subsection (a) in the planning. development,
SECONDARY EDUCATION ACT OF MIS.-Except as
PROGRAMS.-
and erecution of service-learning projects: and
provided in paragraph (1). from 37.5 percent of
"(1) IN GENERAL-To be eligible to receive a
"(3) carrying out such other duties as the
such remainder, the Corporation shall allot to
grant in accordance with section 111B(a) to
local educational agency may determine to be
each State an amount that bears the same ratio
make grants relating to school-based service-
appropriate.
to 37.5 percent of such remainder as the alloca-
learning programs described tm section 111(a). a
"(c) RELATED EXPENSES-A partnership, local
tion to the State for the previous fiscal year
grantmaking entity shall prepare. submit to the
educational agency. or other qualified organiza-
under chapter 1 of title I of the Elementary and
Corporation, and obtain approval of. an appli-
tion that receives /Inancial assistance under this
Secondary Education Act of 1965 (20 U.S.C. 2711
cation.
subpart may, in carrying out the activities do-
et seq.) bears to such allocations to all States.
"(2) SUBMISSRON.Suck application shall be
scribed in subsection (a). use such assistance to
"(3) MINIMUM AMOUNT.-No State shall re-
submitted at such time and in such manner. and
pay for the Federal share or reasonable costs re-
celve, under paragraph (2). an allotment that is
shall contain such information. as the Chief Ex-
lated to the supervision of participants. program
less than the allotment such State received for
ecutive Officer may reasonably require. Such
administration, transportation, Insurance, and
fiscal year 1993 under section 112(b) of this Act.
application shall include a proposal to assist
evaluations. and for other reasonable expenses
as in effect on the day before the date of enact-
such programs in more than 1 State.
related to the activities.
ment of this part. If the amount of funds made
"(0) DIRECT APPLICATION TO CORPORATION To
"SEC. 111A AUTHORITY TO ASSIST LOCAL APPLI.
available in a fiscal year to carry out paragraph
CARRY OCT SCHOOL-BASED SERVICE-LEARNING
CANTS IN NONPARTICIPATING
(2) is insufficient to make such allotments. the
PROGRAMS IN NONPARTICIPATING STATES.-To be
STATES.
Corporation shall make available sums from the
eligible to receive a grant from the Corporation
"In any fiscal year in which a State does not
25 percent described in paragraph (1) for such
in the circumstances described in section 111A to
submit on application under section 113. for on
fiscal year to make such allotments.
carry out an activity as described in such sec-
August 5, 1993
CONGRESSIONAL RECORD-HOUSE
H6195
tion, a partnership or agency described in such
give priority to entitles that submit applications
(12) CALCTLATION.-I providing for the Te-
section shall prepare, submit to the Corporation,
under action 116 with respect to service-lears-
marking share of the cost of carrying our such
and obtain approval of on application. Such
tag programs described in section 111 that-
a program. each recipient of assistance under
application shall be submitted at ruch time and
(1) involve participasts in the design and op-
this subpart-
in much manner. and shall contain nich th/or-
eration of the program.
"(A) shall provide for such share through a
mation. as the Chief Executive Officer may rea-
"(2) are in the greatest need of assistance,
payment in cash or in kind. fairly evaluated, in-
sonably require.
such as programs torgeting low-tacome areas:
cluding facilities. equipment. or services: and
((c) APPLICATION TO STATE OR INDIAN TRIBE
"(3) invoice-
"(B) may provide for such share through
TO RECEIVE ASSISTANCE To CARRY OUT SCHOOL-
"(A) students from public elementary or sec-
State sources. local sources, or Federal sources
BASED SERVICE-LEARNING PROGRAMS.-
ordary schools. and students from private ele-
(other than funds made available under the no-
"(1) IN GENERAL.-ARY-
mentary or secondary schools, serving together:
tional seruice laws).
"(A) qualified organization that desires to re-
or
(b) WAIVER-The Chief Executive Officer
cerve financial assistance under this subport
"(B) students of different ages, races. seres.
may waive the requirements of subsection (a) in
from a State or Indian tribe for an activity de-
ethnic groups. disabilities, or economic back-
whole OT in part with respect to any such pro-
scribed in section 111(a)(1):
grounds. serving together, or
gram in any fiscal year V the Corporation deter-
(B) partnership described in section 111(a)(2)
'(4) are integrated tate the academic program
mines that such « watver would be equitable due
that desires to receive suck assistance from a
of the participants.
to a lack of available /inancial resources at the
State. Indian tribe. or grantmaing entity for or
"(c) REJECTION OF APPLICATIONS.-If the Cor-
local level.
activity described in section 111(a)(2):
poration rejects an application submitted or a
"SBC. 1MA LIMITATIONS ON USES OF FUNDS
"(C) agency described in section 111(a)(3) that
State under section 113 for an attorment under
'(a) ADMINISTRATIVE COSTE-
desires to receive such assistance from a State or
section 112(b)(2). the Corporation shall promptly
"(1) LIMITATION.-Not more than 5 percent of
Indian tribe for OR activity described in such
notify the State of the for the rejection
the amount of assistance provided to a State
section; or
of the application. The Corporation shall pro-
educational agency. Indian tribe. or
"(D) partnership described in section 111(a)(4)
tide the State with a reasonable apportunity to
grantmaking entity that La the original recipient
that destres to receive such assistance from a
revise and resubmit the application and shall
of a grant or allotment under subsection (a). (b).
State or Indian tribe for on activity described in
provide technical assistance, w needed, to the
(c). or (d) of section 112 for a /tscal year may be
such section.
State as part of the resubmitation process. The
used to pay for administrative costs incurred
to be carried out through a service-learning pro-
Corporation shall promptly recommder such TE-
by-
gram described in section 111. shall prepare.
submitted application.
(A) the original reciptent; or
submit to the State educational agency. Indian
"SEC. 11&A. PARTICIPATION OF STUDENTS AND
"(B) the entity carrying out the service-learn-
tribe. or grantmaking entity. and obtain op-
TEACHERS FROM PRIVATE SCHOOLS.
ing programs supported with the assistance.
proval of. an application for the program.
"(a) Av GENERAL-To the extent consistent
"(2) RULES ON USE-The Chief Erecutive Of-
"(2) SCBMISSION-Such application shall be
with the number of students in the State or to
Acer may by rule prescribe the manner and CI-
submitted at such time and in such manner, and
tent to which
dian tribe or in the school district of the local
shall contain such Information. as the agency.
"(A) such assistance may be used to cover and-
educational agency Involved who are enrolled tn
tribe. or entity may reasonably require.
ministrative costs: and
private nemprefit elementary and secondary
"(d) REOULATIONS.-The Corporation shall by
*(B) that portisn or the assistance assilable
schools. such State, Indian tribe. or agency
to cover administrative costs should be distrib-
regulation establish standards for the informa-
shall (after consultation with appropriate pvt
uted between-
tion and assurances required to be contained in
vate school representatives) make provision-
an application submitted under subsection (a) OT
"(1) the original reciptent and
'Y!) for the inclusion of services and arrange-
"(11) the entity carrying our the service-learn-
(b) with respect to . service-learning program
ments for the benefit of such students se as to
tag programs supported with the assistance.
described In section 111. including or a withi-
allow for the equitable participation of such stw-
"(b) CAPACITY-BULDING ACTIVITIES.-
FREE assurances that
dents in the programs implemented to carry and
"(1) IN GENERAL-Except as provided in pera-
""(1) prior to the placement of a participant,
the objectives and provide the benefits described
graph (2). not less than 10 percent and not more
the entity carrying out the program will consult
in this subport; end
than 15 percent of the amount of assistance pro-
with the appropriate local labor organization. of
"(2) for the training of the teachers of such
vided to a State educational agency or Indian
any. representing employees in the area who are
students 00 - to allow for the aquitable partici-
tribe that is the original recipient of a grant or
engaged in the same or similar work as that pre-
patien of such teachers be the programs truple-
allotment under subsection (a). (b). (c). or (d) of
posed to be corried out by such program. to pre-
mented to carry out the objectives and provide
section 112 for 4 fiscal year may be used to build
vent the displacement and protect the rights of
the benefits described in this subport.
capacity through tratning, technical assistance.
such employees.
"(b) WAIVER.-H . State. Indian tribe. or
curriculum development, and coordination an
''(2) the entity corrying out the program will
local educational agency is prohibited by law
tivities. described in section 111(a)(T).
develop an age-appropriate learning component
from providing for the participation of students
"(2) WAIVER-The Chtef Erecutive Officer
for participants tn the program that shall tre-
or teachers from private nonprofit schools as re-
may waive the requirements of paragraph (1) in
clude a chance for participants to analyze and
quired by subsection (a). BY H the Corporation
order to permit an agency or a tribe to use not
apply their service experiences: and
determines that a State, Indian tribe, or local
less than 10 parcent and not more than 20 Der-
"(3) the entity carrying out the program will
educational agency substantially falls or # ER-
cent of such amount to build capacity as pro-
comply with the nonduplication and
willing to provide for such participation on GVL
vided in paragraph (1). To be effgible to receive
nondisplacement requirements of section IT7 and
equitable trasts, the Chief Executive Officer shall
such a unriver such an agency or tribe shall sub-
the grienance procedure requirements of section
waive such requirements and shall arrange for
mit on application to the Chief Erecuttve om-
175(f).
the provision. services to such students and
CET at such time. tn such manner, and contain-
"(e) LIMITATION ON SAME PROJECT IN MUL
teachers. Such watvers shall be subject to con-
mg such information as the Chief Brecutive Of-
TIPLE APPLICATIONS.-No applicant shall submit
rultation. withholding. notice, dived judicial Re-
ficer may require.
an application under section 113 or this section,
view requirements in accerdance with para-
"(c) LOCAL Uses OF FUNDS.-Punds made
and the Corporation shall reject an application
graphs (2) and (4) of section 18/7(b) of the Ele-
available under this subport may not be used to
that is submitted under section 113 or this sec-
mentary and Secondary Education Act of 1965
pay any stipend. allowance, or sther financial
non. If the application describes a project pro-
(20 U.S.C. 2727(b)).
support to any student who is 6 participant
posed to be conducted using assistance TE-
"ESC. m FEDERAL STATE, AND LOCAL CON.
under this submitte. except reimbursement for
quested by the applicant and the project is al-
TRESUTIONS.
transportation, meals. and other veasonable out-
ready described in another application pending
"(a) SNARE-
of-pocket expenses directly related to participo-
before the Corporation.
"(n IN GENERAL-The Federal share attrib-
DER in a program assisted under this subpart
"SEC. US CONSIDERATION OF APPLICATIONS.
utable to this subport of the cost of cerrying out
"SEC. LIMI. DEFINITIONS.
"Yas CRITERIA FOR APPLICATIONS.-ls approv-
a program for which a grant or allotment is
"As used ta this subport
ing applications for financial assistance under
made under this subport may not exceed-
"(1) GRANTMAKING ENTITY-The term
subsection (a). (b). (c). or (d) of section 112, the
"(A) 90 percent of the total cost of the pro-
grantmaking entity' mains as ergansation de-
Corporation shall consider such cruerta with R-
gram for the first your for which the program re.
scribed in section 111B(s).
spect to sustainability. replicability. innovation,
celves assistance under this subport;
"(2) SCHOOL-RASED-The term 'scheol-based'
and quality of programs under this subpart as
"(B) 80 percent of the total cost of the pro-
means based ta on elementary school or a sec-
the Chief Brecutive Officer may or regulation
gram for the second year for which the program
ondary school.
specify. In providing assistance under this rub-
receives assistance under this subport;
(3) section
part. « State educational agency. Indian tribe,
YC) 70 percent of the total cost of the pro-
101(29). the term 'student' means an individual
or grantmaking entity shall consider such
gram for the third year for which the program
who is enrolled in as elementary or secondary
criteria.
receives assistance under this subport; and
school on a full- or part-time basis.
to) PRIORITY FOR LOCAL APPLICATIONS-
"(D) 50 percent of the total cost of the pro-
"Subpart B-Community-Based Service
providing assistance under this subport. a State
gram for the fourth year, and for any subse-
Programs for Schgel-Age Youth
educational agency or Indian tribe, or the Cor-
quent your, for which the program receives as.
"SEC. ITV. DEFENTIONS
poration H section 111A 6T 111B applies. shall
sistance under this subport.
"As used in this subport:
H6196
CONGRESSIONAL RECORD-HOUSE
August 5, 1993
"(1) COMMUNITY-BASED SERVICE PROGRAM.-
at multiple sites, or that proposes an innovative
"(1) IN GENERAL-The Federal share attrib-
The term community-based service program'
community-based service program. Such appli-
utable to this subport of the cost of carrying out
means a program described in section
cation shall be submitted at such time and in
a program for which a grant is made under this
117A(b)(1)(A).
such manner. and shall contain such informa-
subpart may not exceed the percentage specified
"(2) GRANTMARING ENTITY-The term
tion. as the Chief Executive Officer may reason-
in subparagraph (A), (B). (C). or (D) of section
grantmaking entity' means a qualified organi-
ably require.
116(a)(1). as appropriate.
zation that-
"(c) APPLICATION TO STATE COMMISSION OR
'(2) CALCULATION.-Each recipient of assist-
"(A) submits an application under section
GRANTMAKING ENTITY TO RECEIVE GRANTS To
ance under this subpart shall comply with sec-
117C(a) to make grants to qualified organiza-
CARRY OUT COMMUNITY-BASED SERVICE PRO-
tion 116(a)(2).
tions:
GRAMS.-To be eligible to receive a grant from a
"(b) WAIVER.-The Chief Executive Officer
"(B) was in existence at least 1 year before
State Commission or grantmaking entity under
may waive the requirements of subsection (a). in
the date on which the organization submitted
section 117A(b)(1). a qualified organization shall
whole or in part, as provided in section 116(b).
the application and
prepare, submit to the Commission or entity.
"SEC. 117F. LIMITATIONS ON USES OF FUNDS
''(C) meets such other criteria as the Chief Er-
and obtain approval of. an application. Such
"(a) ADMINISTRATIVE COSTS-Not more than
ecutive Officer shall establish.
application shall be submitted at such time and
5 percent of the amount of assistance provided
"(3) QUALIFIED ORGANIZATION.-The term
in such manner, and shall contain such infor-
to a State Commission grantmaking entity. or
qualified organization means a public or pri-
mation. as the Commission or entity may rea-
qualified organization that is the original recipt-
vate nonprofit organization with experience
sonably require.
ent of a grant under section 117A(a) for a fiscal
working with school-age youth that meets such
"(d) REOULATIONS.-The Corporation shall by
year may be used to pay for administrative costs
criteria as the Chief Erecutive Officer may es-
regulation establish standards for the informa-
incurred ov-
tablish.
tion and assurances required to be contained in
"(1) the original recipient. or
"SEC. 117A GENERAL AUTHORITY.
an application submitted under subsection (a) or
"(2) the entity carrying out the community-
"(a) GRANTS.-From the funds appropriated
(b) with respect to a community-based service
based service programs supported with the as-
to carry out this subpart for a fiscal year. the
program. including. at a minimum-
sistance.
Corporation may make grants to State Commis-
"(1) an assurance that the entity carrying out
"(b) RULES ON USE-The Chief Executive Of-
sions. grantmaking entities. and qualified orga-
the program proposed by the applicant will com-
ficer may by rule prescribe the manner and eI-
nizations to pay for the Federal share of the im-
ply with the nonduplication and
tent to which-
plementation, operation, expansion, or replica-
nondisplacement provisions of section 177 and
"(1) such assistance may be used to cover ad-
tion of community-based service programs.
the grievance procedure requirements of section
ministrative costs: and
176(f):
"(2) that portion of the assistance available to
''(b) USE OF FUNDS.-
''(2) an assurance that the entity carrying out
cover administrative costs should be distributed
"(1) STATE COMMISSIONS AND GRANTMAKING
the program will. prior to placing a participant
between-
ENTITIES-A State Commission or grantmaking
entity may use a grant made under subsection
in the program, consult with the appropriate
"(A) the original recipient and
(a)-
local labor organization, if any. representing
"(B) the entity carrying out the community-
employees in the area in which the program will
based service programs supported with the as-
"(A) to make a grant to a qualified organiza-
sistance.
tion to implement, operate, expand, or replicate
be carried out that are engaged in the same or
sunilar work as the work proposed to be carried
"Subpart C-Clearinghouse
a community-based service program that pro-
vides for meaningful human. educational. envi-
out by the program. to prevent the displacement
"SEC. 118. SERVICE-LEARNING CLEARINGHOUSE
ronmental, or public safety service by partici-
of such employees: and
"(a) IN GENERAL-The Corporation shall pro-
pants, who shall be school-age youth; or
"(3) in the case of an application submitted by
vide financial assistance, from funds appro-
"(B) to provide training and technical assist-
a grantmaking entity, information demonstrat-
priated to carry out subtitle H. to organizations
ance to such an organization.
ing that the entity will make grants for a pro-
described in subsection (b) to establish a clear-
"(2) QUALIFIED ORGANIZATIONS.-A qualified
gram to
inghouse, which shall carry out activities. either
organization, other than a grantmaking entity.
"(A) carry out activities described in section
directly or by arrangement with another such
may use a grant made under subsection (a) to
117A(b)(1) in two or more States, under cir-
organization, with respect to information about
implement. operate, erpand, or replicate a pro-
cumstances in which the activities carried out
service-learning.
gram described in paragraph (1)(A).
under such program can be carried out more ef-
"(b) PUBLIC OR PRIVATE NONPROFIT ORGANI-
"SBC. 117B. STATE APPLICATIONS.
ficiently through one program than through two
ZATIONS.-Public or private nonprofit organiza-
or more programs; and
tions that have extensive experience with serv-
''(a) IN GENERAL.-To be eligible to receive a
"(B) carry out the same activities, such as
ice-learning, including use of adult volunteers
grant under section 117A(a), a State Commission
training activities or activities related to er-
to foster service-learning, shall be eligible to re-
shall prepare, submit to the Corporation, and
changing information on service experiences,
ceive assistance under subsection (a).
obtain approval of. an application.
through each of the projects assisted through
"(c) FUNCTION OF CLEARINGHOUSE.-An orga-
"(0) SUBMISSION.-Such application shall be
the program.
nization that receives assistance under sub-
submitted to the Corporation at such time and
"(e) LIMITATION ON SAME PROJECT IN MUL
section (a) may-
in such manner, and shall contain such injor-
TIPLE APPLICATIONS.-No applicant shall submit
"(1) assist entities carrying out State or local
mation, as the Chief Executive Officer may Tea-
an application under section 117B or this sec-
service-learning programs with needs assess-
sonably require.
tion, and the Corporation shall reject an appli-
ments and planning:
"(c) CONTENTS.Such an application shall in-
cation that is submitted under section 117B or
"(2) conduct research and evaluations con-
clude, at a minimum, a State plan that contains
this section, If the application describes a
cerning service-learning;
the information and assurances described in sec-
project proposed to be conducted using assist-
"(3)(A) provide leadership development and
tion 117C(d) with respect to each community-
ance requested by the applicant and the project
training to State and local service-learning pro-
based service program proposed to be carried out
is already described in another application
gram administrators, supervisors, service spon-
through funding distributed by the State Com-
pending before the Corporation.
sors, and participants; and
mission under this subpart.
"SEC. 117D. CONSIDERATION OF APPLICATIONS.
"(B) provide training to persons who can pro-
"SEC. 117C. LOCAL APPLICATIONS.
"(a) APPLICATION OF CRITERIA.-The Cor-
vide the leadership development and training
"(a) APPLICATION TO CORPORATION To MAKE
described in subparagraph (A):
poration shall apply the criteria described in
GRANTS FOR COMMUNITY-BASED SERVICE PRO-
"(4) facilitate communication among entities
subsection (b) in determining whether to ap-
GRAMS.-To be eligible to receive a grant from
carrying out service-learning programs and par-
prove an application submitted under section
the Corporation under section 117A(a) to make
ticipants in such programs;
117B or under subsection (a) or (b) of section
''(5) provide information, curriculum mate-
grants under section 117A(b)(1), a grantmaking
117C and to provide assistance under section
rials, and technical assistance relating to plan-
entity shall prepare, submit to the Corporation,
117A to the applicant on the basis of the appli-
ning and operation of service-learning pro-
and obtain approval of. an application that pro-
cation.
grams. to States and local entities eligible to re-
poses a community-based service program to be
"(b) ASSISTANCE CRITERIA.-In evaluating
celve financial assistance under this title:
carried out through grants made to qualified or-
such an application with respect to a program
"(6) provide information regarding methods to
ganizations. Such application shall be submitted
under this subpart, the Corporation shall con-
make service-learning programs accessible to in-
at such time and in such manner. and shall con-
sider the criteria established for national service
dividuals with disabilities;
tain such information, as the Chief Executive
programs under section 133(c).
"(7)(A) gather and disseminate information on
Officer may reasonably require.
"(c) APPLICATION TO SUBGRANTS.-A State
successful service-learning programs. compo-
"(b) DIRECT APPLICATION TO CORPORATION To
Commission or grantmaking entity shall apply
nents of such successful programs. innovative
CARRY OUT COMMUNITY-BASED SERVICE PRO-
the criteria described in subsection (b) in deter-
youth skills curricula related to service-learn-
GRAMS.-To be eligible to receive a grant from
mining whether to approve an application
ing. and service-learning projects. and
the Corporation under section 117A(a) to imple-
under section 117C(c) and to make a grant
"(B) coordinate the activities of the Clearing-
ment. operate. expand. or replicate a community
under section 117A(b)(1) to the applicant on the
house with appropriate entities to aroid dupli-
service program, a qualified organization shall
basis of the application.
cation of effort;
prepare. submit to the Corporation, and obtain
"SEC. 11TE FEDERAL STATE AND LOCAL CON-
"(8) make recommendations to State and local
approval of, an application that proposes a com-
TRIBUTIONS.
entities on quality controls to
'ove the qual-
munity-based service program to be carried out
"(a) FEDERAL SHARE.-
ity of service-learning programs.
August 5, 1993
CONGRESSIONAL RECORD-HOUSE
H6197
"ros assist organizations in recruiting screen.
(d) APPLICATION FOR GRANT -
by structure the items relatted to subtitie B
ing. and placing service-learning coordinators.
"(1) SUBWISSION- receive a grant or enter
rise / of such Act and Inserting the following
and
this a contract under this part. OR Institution or
Subtttle B-School-Based and Community
"(10) carry out such other activities as the
partnership described In subsection (h) shall
Based Service Programs
Chief Executive Officer determines to be appro-
prepare submit to the Corporation. and obtain
"PART I-SERVE-AMERICA PROGRAMS
priate.
approval of an application at such time. in
31 HIGHER EDUCATION INNOVATIVE
such manner. and containing such information
SUBPART SCHOOL-BASED PROGRAMS FOR
PRC:ECTS-Subtitle P of title I of the National
and assurances as the Corporation may reason-
STUDENTS
and Community Service Act of 1990 (42 USC.
ably require. in requesting applications for as
Sec 111. Authority is assust States and indian
12531 et seq.) 13 amended by striking part 11 and
sistance under this part. the Corporation shall
tribes.
inserting the following
specify such required information and assur-
"Sec 111A. Authority to assist local applicants
PART II-HIGHER EDUCATION INNOVA-
ances.
in nonparthetpating States.
TIVE PROGRAMS FOR COMMUNITY
"(2) CONTENTS.-An application submitted
"Sec 111B. Authority to assis: public or provate
SERVICE
under paragraph (1) shall contain, at a
nonprofit organizations
minimum-
Sec. 112. Granes and allotments
"SEC. 119. HIGHER EDUCATION INNOVATIVE PRO-
"(A) assurances that-
GRAMS FOR COMMUNITY SERVICE
"Sec. 113. State or tribal applications.
"(1) prior to the placement of a participant
"Sec. 114. Local appitcations.
"(a) PURPOSE.-It is the purpose of this part
the applicant will consult with the appropriate
"Sec. 115. Counderation of applications
20 expand participation in community service by
local labor organization. 4 any. representing
"Sec. 115A. Participation of students and
supporting innoustive community service pro-
employees 18 the area who are engaged in the
teachers from prruate scrools.
grams carried out through institutions of higher
same or sumilar work as that proposed to be car-
"Sec. 116. Federal, State. and local consion-
education. acting as cruic institutions to meet
ried out by such program. to prevent the dis-
tioms.
the human. educational. environmental or pub-
placement and protect the rights of such em-
"Sec. 116A. Limitations on uses of funds
11c safety needs of neighboring communities.
pingses: and
"Sec. 116B. Definitions
(0) GENERAL AUTHORITY -The Corporation,
YOU the applicant will comply with the non-
"SUBPART B-COMMUNITY-BASED SERVICE
E consultation with the Secretary of Education.
duplication and aonduplacement provisions of
PROGRAMS FOR SCHOOL-AGE YOUTH
is authorized to make grants $0. and enter into
section 177 and grievance procedure require-
"Sec. 187. Definitions.
contracts with Institutions of higher aducation
manage of section 176(1). and
"Sec. 117A. General authority.
(including a combination of each institutions).
"(B) such other assurances as the Chief Exec-
"See. 117B. State applications
and partnerships comprised of ruch institutions
utine Officer may reasonably require.
"Sec. 117C. Local applications.
and of other public or private nowprofit ergent
"(e) PRIORITY.-
"Sec. 1170. Consideration of applications
cattons. to pay for the Federal share of the cost
"(1) IN GENERAL.-in making grants and en-
"Sec. 117E. Federal, State. and local contribu-
01-
tering into contracts under rubsection (b). the
tions.
"(1) enabling such on institution or partner-
Corporation shall give priority to applicants
"Sec. 117F. Limitations on uses of funds
ship to create or expand an organized commu-
that submitt applications containing proposals
nity service program that-
"SUBPART C-CLEARNGHOUSE
that
"(A) engenders a sense of social responsibility
"(A) demonstrate the commitment of the insti-
"Sec. 118. Service-learning clearinghouse
and commitment to the community in which the
tution of higher education. other than by dem-
"PART U-HIGHER EDUCATION INNOVATIVE
institution is located and
onstrating the commitment of the students, to
PROGRAMS FOR COMMUNITY SERVICE
"(B) provides projects for participants. who
supporting the community service projects car-
"Sec 119. Higher education innovative pro-
shall be students. faculty. administration. or
ried call under the pregram
- for community service.
staff of the institution, or rendents of the com-
"(B) spectfy the WHER NET in which the institu-
SEC. 104. QUALITY AND INNOVATION ACTIVITIES.
musity:
non will promote faculty. administration, and
(2) supporting student-initiuted and student-
(a) REPEAL.Subtitle E of trtle / of the Na-
staff partictpation in the coverability service
designed community service projects through the
tional and Community Service Act of 1990 (42
projects;
U.S.C. 12591 et seq.) is repeated.
program.
"(C) spectfy the requirer to which the tartitu-
(3) strengthening the leadership and instruc-
(b) TRANSFER.-Title I of the National and
time will provide service to the community
tional capacity of teachers at the elementary.
Community Service Act of 7990 is amended-
through expenized programs. tocluding. where
secondary. and postsecondary levels. with TE-
(1) by redesignating subtitle H (42 S.C. 12653
appropriate. clinical programs for students in
spect to service-learning of
et seq ) as subtitle E:
professional schools:
(A) including service-learning as a key com-
(2) by inserting subtitle E (as redesignated by
"(D) describe any partnerskip that will par-
posent of the preservice teacher education of
paragraph (1) of this subsection) after subtitle
ticlate in the community service projects, such
D: and
the institution and
as a partnership compresed of-
(B) encouraging the faculty of the institu-
(3) by redesignating sections 195 through 1950
"(1) the institution:
non to use service-iearning methods throughout
as sections 151 through 106, respectively
"(#)(2) a community-ba.sed agency.
chest curriculum;
(c) INVESTMENT FOR QUALITY AND INNOVA-
"(II) a local government agency. or
(4) facilitating the integration of community
TION-Title / of the National and Community
YIII) . nongroyit entity that serves or tm-
service carried out under the program into eca-
Service Act of 1990 (as amended by subsection
volues school-age youth or older adults; and
demic curricula. including integration of clinical
(b) of this section) to amended by inserting after
"(iii) a student organization;
programs into the curriculum for students is
"(E) demonstrate community involvement in
subtitle G the following new subtitle
projessional achools, 50 that students can obtain
the development of the proposal;
"Subtit's N-Incestment for Quality and
credit for their community service projects;
"(F) specify that the institution will use such
Innocation
(15) supplementing the funds available to
assistance to strengthen the service tnfrastruc-
"SEC. 198. ADDITIONAL CORPORATION ACTIVI-
carry out work-study programs under part C of
ture in institutions of htgher education: or
THE TO SUPPORT NATIONAL SERV.
title IV of the Higher Education ACI of 1965 (42
"(G) with respect to projects tavolving delto-
ICE
U.S.C. 2751 et seq.) to support service-learning
ery of aervice, spect/y projects that tavolve lead-
"(a) METHODS OF CONDUCTING ACTIVITIES.-
and corminity service through the community
ership deselopment of achool-age youth
The Corporation may carry our this section ds-
service program:
72) DETERMINATION- giving priority to
rectly texcept as provided is subsection (T)) or
(15) strengthening the service infrastructure
applicants under paragraph (1). the Corporation
through grants. contracts. and cooperutive
within tastitutions of higher education 12 the
shall give increased priority to such as appli-
agreements with other entities.
United States through the program, and
cant for each characteristic described in sub-
"(0) INNOVATION AND QUALITY IMPROVE-
(17) providing for the training of teachers.
paracraphs (A) through (C) of paragraph (1)
MENT.-The Corporation may undersane activi-
prospective teachers. related education person-
that to reflected tn the application submitted by
thes to improve the quality or nanonal service
nel. and community leaders in the skills Rec-
the appacant.
programs. including service-iearming programs.
essary to develop. supervise. and organize serv-
"(/) NATIONAL SERVICE EDUCATIONAL
and to support mnsuative and model
ice-learning.
AWARD.-A participant to a program funded
including-
(c) FEDERAL SHARE-
under this part shall be eligible for the national
"(1) programs. including programs 100 rural
"(I) SHARE-
service educational award described in subtitle
youth. under subtitle B or C.
"(A) IN GENERAL-The Federal share of the
D. if the participant served ta OR approved no-
"R" employer-based returee programs.
cost of carrying out a community service project
tional service position.
"(3) intergenerational programs
for which a grant or contract is awarded under
"(g) DEFINITION-Noterthstoading section
"(4) programs tapoiting individuals with its-
this part may not exceed 50 percent.
101(29). as used 18 this part. the term 'student'
amlines as participants providing service and
"(B) CALCULATION Each reciptent or assist-
means an indivedual who LS enrolled TR or min-
(%)) programs spensored by Governors
are under this part shall comply with section
tution of higher education on a fair or part-
(10) SUMMER PROGRAMS.-The Corporation
115(a)(2).
time busis.
may support service programs intended to be
(12) WAIVER-The Chief Executive Officer
(c) TABLE OF CONTENTS-Section 1(b) of the
carried one Detween May 1 and October 1. e=-
may waive the requirements of paragraph (1). in
National and Community Service Act of 1980
cept that such a program may also include a
whole or the part, as provided in section 115(b).
(Public Law 101-410: 104 Stat. 3127) is amended
year-round component.
H 6198
CONGRESSIONAL RECORD-HOUSE
August 5, 1993
"(d) COMMUNITY-BASED AGENCIES.-The Cor-
"(3) ACTIVITIES.-The Corporation may make
"(A) is authorized to incur necessary erpenses
poration may provide training and technical as-
grants to public or private nonprofit organiza-
for the honorary recognition o! the indiciduals
sistance and other assistance to service sponsors
tions with demonstrated ability to carry out ap-
program. and
and other community-based agencies that pro-
propriate activities. in order to support such ac-
(B) is not authorized to make a cash award
uide volunteer placements in order to improve
tivitles on National Youth Service Day.
to such individual or program.
the ability of such agencies to use participants
"(7) ASSISTANCE POR HEAD START-The Cor-
"(b) INFORMATION President. acting
and other volunteers in a manner that results in
poration may make grants to. and enter into
through the Corporation shall ensure that in-
high-quality service and a positive service erpe-
contracts and cooperative agreements with, pub-
formation concerning individuals and programs
rience for the participants and volunteers.
lic or nonprofit private agencies and organiza-
receiving awards under this section LS widely
"(e) IMPROVE ABILITY To APPLY FOR ASSIST-
tions that receive grants or contracts under the
disseminated.
ANCE -The Corporation shall provide training
Foster Grandparent Program (part B of title 11
"S&C. 198C. MILITARY INSTALLATION CONVER.
and technical assistance. where necessary. to
of the Domestic Volunteer Service Act of 1973 (29
SION DEMONSTRATION PROGRAMS.
individuals. programs. local labor organizations.
U.S.C. 5011 et seq.)). for projects of the type de-
"(a) PURPOSES-The purposes 01 this section
State educational agencies, State Commissions.
scribed in section 211(a) of such Act (29 U.S.C.
are 10-
local educational agencies. local governments.
5011) operating under memoranda of agreement
"(1) provide meaningful service opportunities
community-based agencies. and other entities LO
with the ACTION Agency. for the purpose of in-
for economically disadvantaged youth.
enable them to apply for funding under one of
creasing the number of low-income individuals
"(2) fully utilize military installations affected
the national service laws. to conduct high-qual-
who provide services under such program to
by closures or realignments:
ity programs. to evaluate such programs. and
children who participate in Head Start pro-
"(3) encourage communities affected by such
for other purposes.
grams under the Head Start Act (42 U.S.C 9831
closures 09 realignments to convert the installa-
"(n NATIONAL SERVICE FELLOWSHIPS.-The
et seq).
tions to community use. and
Corporation may award national service fellow-
"SEC. 196A. CLEARINGHOUSES.
'(4) foster a sense of community pride in the
ships.
"(a) ASSISTANCE.-The Corporation shall pro-
youth in the community.
"(g) CONFERENCES AND MATERIALS.-The Cor-
"(b) DEFINITIONS.-As used :n this section
vide assistance to appropriate entities to estab-
poration may organize and hold conferences.
"(1) AFFECTED MILITARY INSTALLATION.-The
lish one or more clearinghouses. including the
and prepare and publish materials, to dissemi-
term 'affected military installation means a
clearinghouse described in section 118.
nate information and promote the sharing of in-
military installation described in section
"(b) APPLICATION-T be eligible to receive
formation among programs for the purpose of
assistance under subsection (a), an entity shall
325(e)(1) of the Job Training Partnership Act (29
improving the quality of programs and projects.
U.S.C. 1662d(e)(1)).
submit an application to the Corporation at
"(h) PEACE CORPS AND VISTA TRAINING.-
"(2) COMMUNITY.-The term 'community' in-
such time. in such manner. and containing such
The Corporation may provide training assist-
cludes a county.
information as the Corporation may require.
'(3) CONVERT TO COMMUNITY USE-The term
ance to selected individuals who volunteer to
"(c) FUNCTION OF CLEARINGHOUSES-An en-
serve in the Peace Corps or a program author-
'convert to community use used with respect to
tity that receives assistance under subsection (a)
ized under title / of the Domestic Volunteer
an affected military installation includes-
may-
Service Act of 1973 (42 U.S.C. 4951 et seq.). The
'(A) conversion of the installation or a part of
"(1) assist entities carrying out State or local
the installation 10
training shall be provided as part of the course
community service programs with needs assess-
"(1) a park:
of study of the individual at an institution of
ments and planning.
"(it) a community center
higher education, shall involve service-learning,
"(2) conduct research and evaluations con-
"(fit) a recreational facility; or
and shall cover appropriate skills that the Indi-
cerning community service:
"(it) a facility for a Head Start program
vidual will use in the Peace Corps or VISTA.
"(3)(A) provide leadership development and
under the Head Start Act (42 U.S.C. 9831 et
"(1) PROMOTION AND RECRUITMENT-T Cor-
training to State and local community service
seq.). and
poration may conduct a campaign to solicit
program administrators. supervisors. and par-
"(B) carrying out, at the installation a con-
funds for the National Service Trust and other
ticipants; and
struction or economic development project that
programs and activities authorized under the
"(B) provide training to persons who can pro-
is of substantial benefit. as determined by the
national service laws and to promote and recruit
vide the leadership development and training
Chief Erecutive Officer. :a
participants for programs that receive assistance
described in subparagraph (A);
"(1) the community in which the installation
under the national service laws.
"(4) facilitate communication among entities
is located: or
(1)) TRAINING-The Corporation may support
carrying out community service programs and
"(11) a community located within such dis.
national and regional participant and super-
participants;
tance of the installation as the Chief Executive
visor training. including leadership training
''(5) provide information, curriculum mate-
Officer may determine by regulation to be ap-
and training in specific types of service and in
rials, and technical assistance relating to plan-
propriate.
building the ethic of civic responsibility.
ning and operation of community service pro-
"(4) DEMONSTRATION PROGRAM-The term
"(k) RESEARCH-The Corporation may sup-
grams. to States and local entities eligible to Te-
demonstration program' means a program de-
port research on national service. including
celve funds under this title:
scribed in subsection (c).
service-learning.
"(6)(A) gather and disseminate information on
"(c) DEMONSTRATION PROGRAMS-
"(1) INTERGENERATIONAL SUPPORT-The Cor-
successful community service programs. compo-
"(I) GRANTS-The Corporation may make
poration may assist programs in developing a
nents of such successful programs. innovative
grants to communities and community-based
service component that combines students. out-
youth skills curriculum. and community service
agencies to pay for the Federal share of estab-
cf-school youths. and older adults as partici-
projects: and
lishing and carrying out military installation
pants to provide needed community services.
"(B) coordinate the activities of the clearing-
conversion demonstration programs. to assist in
'(m) PLANNING COORDINATION.-The Corpora-
house with appropriate entities to avoid dupli-
converting to community use affected military
tion may coordinate community-wide planning
cation of effort;
installations located-
among programs and projects.
"(7) make recommendations to State and local
"(A) within the community: or
"(n) YOUTH LEADERSHIP.-The Corporation
entities on quality controls to improve the deliv-
"(B) within such distance from the community
may support activities to enhance the ability of
ery of community service programs and on
as the Chief Erecutive Officer may by regula-
youth and young adults to play leadership roles
changes in the programs under this title; and
tion determine to be appropriate
in national service.
''(8) carry out such other activities as the
''(2) DURATION-In carrying out such a dem-
''(o) NATIONAL PROGRAM IDENTITY-The Cor-
Chief Executive Officer determines to be appro-
onstration program. the community or commu-
poration may support the development and dis-
priate.
nity-based agency may carry out-
semination of materials. including training ma-
"SEC. 198.B. PRESIDENTIAL AWARDS FOR SERV.
"(A) a program of not less than 6 months in
tenals. and arrange for uniforms and insignia,
ICE
duration; oT
designed to promote unity and shared features
"(a) PRESIDENTIAL AWARDS
"(B) a full-time summer program.
among programs that receive assistance under
"(1) IN GENERAL-The President, acting
"(d) USE OF FUNDS.-
the national service laws.
through the Corporation. may make Presidential
"(1) STIPEND-A community or community-
"(p) SERVICE-LEARNING.-The Corporation
awards for service to individuals providing sig-
based agency that receives a grant under sub-
shall support innovative programs and activities
niflcant service. and to outstanding service pro-
section (c) to establish and carry out a project
that promote service-learning.
grams.
through a demonstration program may use the
"(q) NATIONAL YOUTH SERVICE DAY-
"(2) INDIVIDUALS AND PROGRAMS.-Notwtth-
funds made available through such grant to pay
"(1) DESIGNATION.-Aprl 19. 1994. and April
standing section 101(19)-
for a portion of a stipend for the participants in
18. 1995 are each designated as National Youth
"(A) an individual receiving an award under
the project.
Service Day'. The President is authorized and
this subsection need not be a participant in a
"(2) LIMITATION ON AMOUNT OF STIPEND
directed to issue a proclamation calling on the
program authorized under this Act. and
amount of the stipend provided to 1 participant
people of the United States to observe the day
"(B) a program receiving an award under this
under paragraph (1) that may be paid using as-
with appropriate ceremonies and activities.
subsection need not be a program authorized
sistance provided under this section and using
"(2) FEDERAL ACTIVITIES-In order to observe
under this Act.
any other Federal funds shall not exceed the
National Youth Service Day at the Federal
"(3) NATURE OF AWARD-In making an award
lesser of-
level. the Corporation may organize and carry
under this section to an individual OF program.
"(A) 85 percent of the total aterage annual
out appropriate ceremonies and activities.
the President, acting through the Corporation-
subsistence allowance provided to VISTA volun-
August 5, 1993
CONGRESSIONAL RECORD-HOUSE
H6199
Leers under section 105 of the Domestic Volun-
(11) the needs and desires of residents of the
(111) in subsection (d)(3), by striking
Leer Service Act of 1973 (42 USC 4955). and
local communities in the region. and
"195K(a)(3)" and inserting '162(a)(3)''
"(B) 85 percent of the stipend established by
"(C) include specific strategies, developed in
(D) Section 156 of such Act (as redesignated in
the demonstration program involved.
cooperation with the Yupik speaking popu-
subsection (0)(3) of this section) (42 U.S.C.
''(e) PARTICIPANTS.-
lation that resides in such communities. for com-
12553e) IS amended-
"(1) ELIGIBILITY- person shall be eligible to
prehensive and intensive community develop-
(1) in subsection (c)(1). by striking
be selected as a participant in a project carried
ment for communities in the Yukon-Kuskokurm
"195H(c)(2)" and inserting "159(c)(2)": and
out through a demonstration program If the per-
delta region.
(ti) in subsection (d). by striking "195K(a)(3)"
son H-
(d) TABLE OF CONTENTS.-
and inserting "162(a)(3)".
"(A) an economically disadvantaged individ-
(1) CIVILIAN COMMUNITY CORPS.-Section 1(b)
(E) Section 159 of such Act (as redesignated in
val: and
of the National and Community Service Act of
subsection (b)(3) of this section) (42 U.S.C.
"(B)(1) a person described in section 153(b).
1990 (Public Law 101-610; 104 Stat. 3127) is
12653h) is amended-
"(11) a youth described in section 154(a). or
amended by striking the items relating to sub-
(1) in subsection 10)-
"(111) an eligible youth described in section 423
title E of title 1 of such Act and inserting the
(1) by striking "195A" and inserting 1152
of the Job Training Partnership Act (29 U.S.C.
following
and
1693).
"Subtitle E-Civilian Community Corps
(II) in paragraph (2). by striking ''195' and
''(2) PARTICIPATION.-Persons desiring to par-
"Sec. 151. Purpose.
inserting "151". and
ticipate in such a project shall enter into an
"Sec. 152. Establishment of Civilian Community
(11) in subsection (c)(2)(C)(1). by striking
agreement with the service sponsor of the
Corps Demonstration Program.
``195K(a)(2)'' and inserting "section 162(a)(2)
project to participate-
"Sec. 153. National service program.
(F) Section 161(b)(1)(B) of such Act (as redes-
"(A) on a full-time or a part-time basis: and
"Sec. 154. Summer national service program.
ignated in subsection (b)(3) of this section) (42
"(B) for the duration referred to in subsection
"Sec. 155. Civilian Community Corps.
U.S.C. 12653)(b)(1)(B)) is amended by striking
(f)(2)(C).
"Sec. 156. Training.
"195K(a)(3)" and inserting "162(a)(3)".
"(n APPLICATION.-
"Sec. 157. Service projects.
(G) Section 162(a)(2)(A) of such Act (as redes-
"(1) IN GENERAL-TO be eligible to receive a
"Sec. 158. Authorized benefits for Corps mem-
ignated in subsection (0)(3) of this section) (42
grant under subsection (c). a community or com-
bers.
U.S.C. 12653k(a)(2)(A)) is amended by striking
munity-based agency shall submit an applica-
"Sec. 159. Administrative provisions.
"195(3)" and inserting "151(3)".
tion to the Chief Executive Officer at such time.
"Sec. 160. Status of Corps members and Corps
(H) Section 166 of such Act (as redesignated in
in such manner. and containing such informa-
personnel under Federal law.
subsection (6)(3) of this section) (42 U.S.C.
tion as the Chief Erecutive Officer may require.
"Sec. 161. Contract and grant authority.
126530) is amended-
"(2) CONTENTS.-At a minimum, such applica-
"Sec. 162. Responsibilities of other departments.
(1) in paragraph (2). by striking "125D" and
tion shall contain-
"Sec. 163. Advisory board.
inserting "155";
"(A) a description of the demonstration pro-
"Sec. 164. Annual evaluation.
(11) in paragraph (8). or striking "195A" and
gram proposed to be conducted by the applicant:
"Sec. 165. Funding limitation
inserting "152",
"(B) a proposal for carrying out the program
"Sec. 166. Definitions."
(111) in paragraph (10), by striking "195D(d)"
that describes the manner in which the appli-
(2) QUALITY AND INNOVATION.-Section 1(b) of
and inserting "155(d)": and
cant will-
the National and Community Service Act of 1990
(iv) in paragraph (11). by striking "195D(c)"
"(1) provide preservice and inservice training.
(Public Law 101-610: 104 Stat. 3127) is amended
and inserting "155(c)".
for supervisors and participants, that will be
by striking the items relating to subtitle H of
(f) EXTENSION OF AUTHORITY TO CONDUCT C1-
conducted or qualified individuals or qualified
title I of such Act and inserting the following:
VILIAN COMMUNITY CORPS.-Section 1092(c) of
organizations:
"Subtitle H-Investment for Quality and
the National Defense Authorization Act for Fis-
"(ii) conduct an appropriate evaluation of the
Innovation
cal Year 1993 (Public Law 102-484 106 Stat
program. and
2534). as amended by subsection (e)(1) of this
"Sec. 198. Additional corporation activities to
"(iii) provide jor appropriate community in-
section. is further amended by adding at the end
support national service.
volvement in the program.
the following new sentence: "The amount made
"Sec. 198A. Clearinghouses.
"(C) information indicating the duration of
available for the Civilian Community Corps
"Sec. 198B. Presidential awards for service.
the program. and
Demonstration Program pursuant to this sub-
"Sec. 198C. Military installation conversion
"(D) an assurance that the applicant will
section shall remain available for expenditure
demonstration programs.
comply with the nonduplication and
during fiscal years 1993 and 1994.".
"Sec. 198D. Special demonstration project."
nondisplacement provisions of section 177 and
(g) ADDITIONAL AMENDMENT REGARDING CI-
(e) TECHNICAL AND CONFORMING AMEND-
the grievance procedure requirements of section
VILIAN COMMUNITY CORPS.-Section 158 of the
MENTS.-
176(f).
National and Community Service Act of 1990 (as
"(g) LIMITATION ON GRANT-In making a
(1) NATIONAL DEFENSE AUTHORIZATION ACT
redesignated in subsection (b)(3) of this section)
FOR FISCAL YEAR 1993.-
grant under subsection (c) with respect to a
(42 U.S.C. 12653g) is amended by striking sub-
(A) Section 1091(f)(2) of the National Defense
demonstration program to assist in converting
sections (Ω. (g). and (h) and inserting the fol-
an affected military installation. the Corpora-
Authorization Act for Fiscal Year 1993 (Public
lowing new subsections:
tion shall not make a grant for more than 25
Law 102-484) is amended by striking "195G" and
"(f) NATIONAL SERVICE EDUCATIONAL
percent of the total cost of the conversion.
inserting "158".
AWARDS.-A Corps member who successfully
(B) Paragraphs (1) and (2) of section 1092(b).
"SEC. 198D. SPECIAL DEMONSTRATION PROJECT.
completes a period of agreed service in the Corps
and sections 1092(c). 1093(a). and 1094(a) of such
"(a) SPECIAL DEMONSTRATION PROJECT FOR
may receive the national service educational
Act are amended by striking "195A" and insert-
award described in subtitle D if the Corps
THE YURON-KUSKORWIM DELTA OF ALASKA.-
ing "152".-
member-
The President may award grants to, and enter
(C) Sections 1091(f)(2). 1092(b)(1). and 1094(a),
"(1) serves in an approved national service
into contracts with, organizations to carry out.
and subsections (a) and (c) of section 1095 of
position: and
programs that address significant human needs
such Act are amended by striking "subtitle H"
"(2) satisfies the eligibility requirements speci-
in the Yukon-Kuskokwim delta region of Alas-
and inserting "subtitle E".
fled in section 146 with respect to service in that
ka.
(D) Section 1094(b)(1) and subsections (b) and
"(b) APPLICATION.-
approved national service position.
(c)(1) of section 1095 of such Act are amended by
"(g) ALTERNATIVE BENEFIT.-1) a Corps mem-
"(1) GENERAL REQUIREMENTS.-To be eligible
striking "subtitles B. C, D, E, F. and G" and in-
ber who successfully completes a period of
to receive a grant or enter into a contract under
serting "subtitles B. C, D. F. G. and H".
agreed service in the Corps is ineligible for the
subsection (a) with respect to a program, an or-
(2) NATIONAL AND COMMUNITY SERVICE ACT OF
national service educational award described in
ganization shall submit an application to the
1990.-
President at such time, in such manner. and
subtitle D. the Director may provide for the pro-
(A) Section 153(a) of the National and Com-
vision of a suitable alternative benefit for the
containing such information as the President
munity Service Act of 1990 (as redesignated in
Corps member.
may require.
subsection (b)(3) of this section) (42 U.S.C.
(2) CONTENTS.-The application submitted by
SEC. 105. PUBLIC LANDS CORPE
12653b(a)) is amended by striking "195A(a)" and
the organization shall. at a minimum-
inserting "152(a)".
Public Law 91-378 (16 U.S.C. 1701-1706; com-
"(A) include information describing the man-
(B) Section 154(a) of such Act (as redesignated
monly known as the Youth Conservation Corps
ner in which the program will utilize VISTA vol-
in subsection (b)(3) of this section) (42 U.S.C.
Act of 1970) is amended-
unteers. individuals who have served in the
12653c(a)) is amended by striking "195A(a)" and
(1) by inserting before section 1 the following:
Peace Corps. and other qualified persons. in
inserting "152(a)".
"TITLE I-YOUTH CONSERVATION CORPS",
partnership with the local nonprofit organiza-
(C) Section 155 of such Act (as redesignated in
(2) by striking "Act" each place it appears
tions known as the Yukon-Kuskokwim Health
subsection (b)(3) of this section) (42 U.S.C.
and inserting "title";
Corporation and the Alaska Village Council
12653d) is amended-
(3) by redesignating sections 1 through 6 as
Presidents.
(1) in subsection (a), by striking "195H(c)(1)"'
sections 101 through 106. respectively.
"(B) take into consideration-
and inserting "159(c)(1)";
(4) in section 102 (as 30 redesignated). by in-
"(i) the primarily noncash economy of the re-
(11) in subsection (c)(2). by striking
serting "in this title" after "heretnafter" in
gion: and
"195H(c)(2)" and inserting "159(c)(2)"; and
subsection (a):
6200
CONGRESSIONAL RECORD-HOUSE
August 5, 1993
(5) in section 104 (as to redesignated). by
"(A) is a member of on Indian tribe: or
Td) PROJECTS TC BE CARRIED OCT -The Sec-
striking "section 6" in subsection (d) and insert-
(B) is a Native: as defined in section 3(b) of
retary of the Intertor and the Secretary of Agrt-
mg "section 106". and
the Alaska Native Claims Settlement Act (43
culture may each urilize the Corps or any quali-
(6) by adding at the end the following new
U.S.C. 1602(b)).
fied youth OF conservation corps to carry out
Mile:
''(6) INDIAN LANDS-The term Indian lands'
appropriate conservation projects which such
TITLE II-PUBLIC LANDS CORPS
means-
Secretary is authorized to carry out under other
"(A) any Indian reservation;
"SBC. 201. SHORT TITLE
authority of law on public lands. Appropriate
"(B) any public domain Indian allotments:
This title may be cited as the Public Lands
conservation projects may also be carried out
"(C) any former Indian reservation in the
Corps Act of 1993'.
under this title on Indian lands with the op-
State of Oklahoma:
"SSC. 302. CONGRESSIONAL FINDINGS AND PUR-
proval of the Indian tribe involved and on Ha-
'(D) any land held by incorporated Native
POSE
wanan home lands with the approval of the De
groups. regional corporations. and village COV-
(a) FINDINGS-The Congress finds the fol-
partment of Hawanan Home Lands of the State
porations under the Alaska Native Claims Set-
lowing
of Hawan The Secretaries may also authorize
tiement Act (43 U.S.C. 1701 et seq.): and
"(1) Conserving or developing natural and
"(E) any land held by dependent Indian com-
appropriate conservation projects and other ap-
cultural resources and enhancing and maintain-
munities within the borders of the United States
propriate projects to be carried out on Federal,
ing environmentally important lands and waters
whether within the original or subsequently ac-
State local. or private lands as part of disaster
through the use of the Nation's young men and
quired territory thereof. and whether within or
prevention or rellef efforts tn response to an
women in a Public Lands Corps can benefit
without the limits of a State.
emergency or major disaster declared by the
those men and women by providing them with
"(7) INDIAN TRIBE-The term Indian tribe'
President under the Robert T. Stafford Disaster
education and work opportunities. furthering
means an Indian tribe. band. nation, or other
Relief and Emergency Assistance Act (42 U.S.C.
their understanding and appreciation of the
5121 et seq.).
organized group or community. including any
natural and cultural rescurces, and providing a
Native village. Regional Corporation. OT Village
"(e) PREFERENCE FOR CERTAIN PROJECTS-In
means :0 pay for higher education or to repay
Corporation. as defined in subsection (c). (g). or
selecting appropriate conservation projects to be
indebtedness they have incurred to obtain high-
(j). respectively. of section 3 of the Alaska No-
carried out under this title. the Secretary of the
er education while at the same time benefiting
tive Claims Settlement Act (43 U.S.C. 1602 (c).
Interior and the Secretary of Agriculture shall
the Nation's economy and its environment.
(g). or (g)). that is recognized as eligible for the
give preference to those projects which
(12) Many facilities and natural resources 10-
cated on eligible service lands are in disrepair or
special programs and services provided by the
"(I) will provide long-term benefits to the pub-
United States under Federal law to Indians be-
lic:
degraded and In need of labor intensive reha-
cause of their status as Indians.
"(2) will instill in the enrollee involved a work
bilitation. restoration. and enhancement work
''(8) PUBLIC LANDS.-The term 'public lands'
ethic and a sense of public service;
which cannot be carried out by Federal agencies
means any lands or waters (or interest therein)
"(3) will be labor intensive:
a: eristing personnel levels.
"(3) Youth conservation corps have estab-
owned or administered by the United States. CI-
"(4) can be planned and initiated promptly:
cept that such term does not include any Indian
and
lished a good record of restoring and maintain-
lands.
ing these kinds of facilities and resources in a
'(5) will provide academic. erperiential, OF en-
''(9) QUALIFIED YOUTH OR CONSERVATION
cost effective and efficient manner, especially
cironmental education opportunities.
CORPS.-The term qualified youth or conserva-
hen they have worked in partnership arrange-
"(n CONSISTENCY.-Each appropriate con-
tion corps' means any program established or a
ments with government land management agen-
servation project carried out under this title on
State or local government, by the governing
cles.
eligible service lands shall be consistent with the
(b) PERPOSE-It is the purpose of this title
body of any Indian tribe, or by a nonprofit or-
provisions of law and policies relating to the
ganization that-
10-
management and administration of such lands.
(1) perform. in a cost-effective manner, ap-
'(A) is capable of offering meaningful. full-
with all other applicable provisions of law. and
propriate conservation projects OR eligible serv-
time. productive work for individuals between
with all management, operational. and ocher
ice lands where such projects will not be per-
the ages of 16 and 25. inclusive, in a natural or
plans and documents which govern the adminis-
formed or existing employees;
cultural resource setting:
tration of the area.
(2) assist governments and Indian tribes in
"(B) gives participants a mir of work expert-
"SEC. 106. CONSERVATION CENTERS
performing research and public education tasks
ence. basic and life skills, education, training,
associated with natural and cultural resources
and support services: and
''(a) ESTABLISHMENT AND L'SE.-The Secretary
"(C) provides participants with the oppor-
of the Interior and the Secretary of Agriculture
on eligible service lands,
tunity to develop citizenship values and skills
are each authorized to provide such quarters.
(3) erpose young men and women to public
service while furthering their understanding
through service to their community and the
board, medical care, transportation, and other
and appreciation of the nation's natural and
United States.
services. factlities, supplies. and equipment as
''(10) RESOURCE ASSISTANT.-The term 're-
such Secretary deems necessary in connection
cultural resources:
source assistant' means a resource assistant se-
with the Public Lands Corps and appropriate
(4) erpand educational opportunities by re-
lected under section 206.
conservation projects carried out under this ritle
warding individuals who participate in national
service with an increased ability to pursue high-
"(11) STATE-The term 'State' means any
and to establish and use conservation centers
owned and operated by such Secretary for pur-
et education or 100 training: and
State of the United States. the District of Co-
''(5) stimulate interest among the nation's
lumbia. the Commonwealth of Puerto Rico.
poses of the Corps and such projects. The Sec-
young men and women in conservation careers
Guam. the Virgin Islands of the United States.
retaries shall establish basic standards of
by erposing them to conservation professionals
American Samoa. and the Commonwealth of the
health. nutrition, sanitation, and sajety for all
Northern Mariana Islands.
conservation centers established under this sec-
in land managing agencies.
"SEC. soa DEFINITIONS.
"SEC. 204 PUBLIC LANDS CORPS PROGRAM.
tion and shall assure that such standards are
For purposes of this title:
"(a) ESTABLISHMENT OF PUBLIC LANDS
enforced. Where necessary OF appropriate. the
"(1) APPROPRIATE CONSERVATION PROJECT.-
CORPS.-There is hereby established in the De-
Secretaries may enter into contracts and other
The term appropriate conservation project'
partment of the Interior and the Department of
appropriate arrangements with State and local
means any project for the conservation, restora-
Agriculture a Public Lands Corps.
government agencies and private organizations
non. construction or rehabilitation of natural,
"(b) PARTICIPANTS.-The Corps shall consist
for the management of such conservation cen-
of individuals between the ages of 16 and 25. in-
ters.
cultural. historic. archaeological, recreational.
or scenic resources.
clusive. who are enrolled as participants in the
"(b) LOGISTICAL SUPPORT.-The Sect y of
"(2) CORPS AND PUBLIC LANDS CORPS.-The
Corps by the Secretary of the Interior or the
the Interior and the Secretary of Agriculture
terms 'Corps' and Public Lands Corps' mean
Secretary of Agriculture. To be eligible for en-
may make arrangements with the Secretary of
the Public Lands Corps established under sec-
rollment in the Corps, an individual shall sat-
Defense to have logistical support provided by
tion 204.
isfy the criteria specified in section 137(b) of the
the Armed Forces to the Corps and any con-
"(3) ELIGIBLE SERVICE LANDS-The term 'elt-
National and Community Service Act of 1990.
servation center established under this section,
gible service lands' means public lands. Indian
The Secretaries may enroll such individuals in
where feasible. Logistical support may include
lands. and Hawaiian home lands.
the Corps without regard to the civil service and
the provision of temporary tent shelters M
I
"(4) HAWAIIAN HOME LANDS-The term 'Ha-
classification laws. rules. or regulations of the
needed. transportation, and residential super-
watten home lands' means all lands given the
United States. The Secretaries may establish a
vision.
status of Hawaiian home lands under section
preference for the enrollment in the Corps of in-
"(c) USE OF MILITARY INSTALLATIONS.-TRe
204 of the Hawattan Homes Commission Act.
dividuals who are economically. physically. or
Secretary of the Interior and the Secretary of
1920 (42 Stat. 110). or under the corresponding
educationally disadvantaged.
Agriculture may make arrangements with the
provision of the Constitution of the State of Ha-
"(c) QUALIFIED YOUTH OR CONSERVATION
Secretary of Defense to identify military instal-
wall adopted under section , of the Act entitled
CORPS.-The Secretary of the Interior and the
lations and other facilities of the Department of
An Act to provide for the admission of the State
Secretary of Agriculture are authorized to enter
Defense and. in consultation with the adjutant
of Hawati into the Union: approved March 18.
into contracts and cooperative agreements with
generals of the State National Guards Nanonal
1959 (Public Law 86-3. 73 Stat. 5).
any qualified youth or conservation corps to
Guard facilities that may be used. IR whole or in
"(5) INDIAN-The term 'Indian' means a per-
perform appropriate conservation projects re-
part. by the Corps for training or housing Corps
son who-
ferred to in subsection (d).
participants.
August 5, 1993
CONGRESSIONAL RECORD-HOUSE
H6201
"SEC. 208. RESOURCE ASSISTANTS
serving as such a participant or a resource as-
(1) to perform. in a cost-effective manner. ap-
"(a) AUTHORIZATION -The Secretary of the
sistant.
propriate service projects to rehabilitate. re-
Interior and the Secretary of Agriculture are
"SEC. 300. NONDISPLACEMENT.
claim. beautify. and improve public housing and
each authorized to provide individual place-
The nondisplacement requirements of section
public works and transportation facilities and
ments of resource assistants with any Federal
177 of the National and Community Service Act
resources in urban areas suffering from high
land managing agency under the jurisdiction of
of 1990 shall be applicable to all activities car-
rates of poverty where work will not be per-
such Secretary to carry out research. or resource
ried out by the Public Lands Corps. to all activi-
formed by eristing employees:
protection activities on behalf of the agency. To
thes carried out under this title by a qualified
(2) to assist government housing. public
be eligible for selection as a resource assistant,
youth or conservation corps. and to the selec-
works. and transportation authorities and agen-
an individual must be at least 17 years of age.
tion and service of resource assistants.
cies:
The Secretaries may select resource assistants
"SEC. 310 FUNDING.
(3) to erpose young people in the United
without regard to the civil service and classi-
"(a) COST SHARING.-
States to public service while furthering their
fication laws. rules. or regulations of the United
"(1) PROJECTS BY QUALIFIED YOUTH OR CON.
understanding and appreciation of their com-
States. The Secretaries shall give a preference to
SERVATION CORPS-The Secretary of the Interior
munity.
the selection of individuals who are enrolled in
and the Secretary of Agriculture are each au-
(4) to expand educational opportunity for in-
an institution of higher education or are recent
thorized to pay not more than 75 percent of the
dividuals who participate in the Urban Youth
graduates from an institution of higher edu-
costs of any appropriate conservation project
Corps established by this section by providing
cation. with particular attention given to ensure
carried out pursuant to this title on public lands
them with an increased ability to pursue post-
full representation of women and participants
by a qualified youth or conservation corps. The
secondary education or job training: and
from historically black, Hispanic, and Native
remaining 25 percent of the costs of such a
(5) to stimulate interest among young people
American schools.
project may be provided from non/ederal sources
in the United States in lifelong service to their
"(b) USE OF EXISTING NONPROFIT ORGANIZA-
in the form of funds. services. facilities, mate-
communities and the United States.
TIONS.-Whenever one or more existing non-
rials, equipment. OF any combination of the fore-
(c) DEFINITIONS-Fo purposes of this section:
profit organizations can provide. in the rudg-
(1) APPROPRIATE SERVICE PROJECT.-The term
going. No cost sharing shall be required in the
ment of the Secretary of the Interior or the Sec-
case of any appropriate conservation project
"appropriate service project" means any project
retary of Agriculture. appropriate recruitment
for the rehabilitation, reclamation, or beautift-
carried out on Indian lands or Hawaiian home
and placement services to fulful the require-
lands under this title.
cation of urban public housing and public
ments of this section. the Secretary may imple-
"(2) PUBLIC LANDS CORPS PROJECTS.-The Sec-
works and transportation resources or facilities.
ment this section through such eristing organi-
(2) CORPS AND URBAN YOUTH CORPS.-The term
retary of the Interior and the Secretary of Agrt-
zations. Participating nonprofit organizations
"Corps" and "Urban Youth Corps" mean the
culture are each authorized to accept donations
shall contribute to the expenses of providing
Urban Youth Corps established under sub-
of funds. services. facilities. materials, or equip-
and supporting the resource assistants. through
section (d)(1).
ment for the purposes of operating the Public
private sources of funding. at a level equal to 25
(3) QUALIFIED URBAN YOUTH CORPS-The term
Lands Corps and carrying out appropriate con-
percent of the total costs of each participant in
"qualified urban youth corps" means any pro-
servation projects by the Corps. However, noth-
the Resource Assistant program who has been
gram established by a State or local government
Ing in this title shall be construed to require any
recruited and placed through that organization.
or by a nonprofit organization that-
cost sharing for any project carried out directly
Any such participating nonprofit conservation
(A) is capable of offering meaningful. full-
by the Corps.
service organization shall be required. by the Te-
time. productive work for individuals between
"(b) FUNDS AVAILABLE UNDER NATIONAL AND
spective land managing agency. to submit an
the ages of 16 and 25, inclusive. in an urban OF
COMMUNITY SERVICE ACT.-In order to carry out
annual report evaluating the scope, size. and
public works or transportation setting.
the Public Lands Corps or to support resource
quality of the program. including the value of
(B) gives participants a mir of work erpert-
assistants and qualified youth or conservation
work contributed by the Resource Assistants, to
ence. basic and life skills. education. training.
corps under this title. the Secretary of the Inte-
the mission of the agency.
and support services. and
Flor and the Secretary of Agriculture shall be el-
(C) provides participants with the opportunity
"SEC. 307. LIVING ALLOWANCES AND TERMS OF
ligible to apply for and receive assistance under
to develop citizenship values and skills through
SERVICE
section 121(b) of the National and Community
service to their communities and the United
"(a) LIVING ALLOWANCES.-The Secretary of
Service Act of 1990."
States.
the Interior and the Secretary of Agriculture
SEC. 106. URBAN YOUTH CORPS
(4) SECRETARY.-The term "Secretary" means
shall provide each participant in the Public
(a) FINDINGS-The Congress finds the follow-
the Secretary of Housing and Urban Develop-
Lands Corps and each resource assistant with a
ing:
ment or the Secretary of Transportation
living allowance in an amount not to exceed the
(1) The rehabilitation. reclamation. and beau-
(5) STATE-The term "State" means any State
marimum living allowance authorized by section
tification of urban public housing. recreational
of the United States. the District of Columbia,
140(a)(3) of the National and Community Service
sites. youth and senior centers, and public roads
the Commonwealth of Puerto Rico, Guam, the
Act of 1990 for participants in a national service
and public works facilities through the efforts of
Virgin Islands of the United States. American
program assisted under subtitle C of title / of
young people in the United States in an Urban
Samoa. and the Commonwealth of the Northern
such Act.
Youth Corps can benefit these youths. while
Manana Islands.
"(b) TERMS OF SERVICE-Each participant in
also benefiting their communities, by-
(d) ESTABLISHMENT OF URBAN YOUTH
the Corps and each resource assistant shall
(A) providing them with education and work
CORPS -
agree to participate in the Corps or serve as a
opportunities;
(1) ESTABLISHMENT-There is hereby estab-
resource assistant, as the case may be, for such
(B) furthering their understanding and appre-
lished in the Department of Housing and Urban
term of service as may be established or the Sec-
clation of the challenges faced by individuals
Development and the Department of Transpor-
retary enrolling or selecting the individual.
residing in urban communities; and
tation an Urban Youth Corps. The Corps shall
"SEC. 308. NATIONAL SERVICE EDUCATIONAL
(C) providing them with a means to pay for
consist of individuals between the ages of 16 and
AWARDS.
higher education or to repay indebtedness they
25, inclusive, who are enrolled as participants in
"(a) EDUCATIONAL BENEFITS AND AWARDS.-If
have incurred to obtain higher education.
the Corps by the Secretary of Housing and
a participant in the Public Lands Corps or a Te-
(2) A significant number of housing units for
Urban Development and the Secretary of Trans-
source assistant also serves in an approved na-
low-income individuals in urban areas has be-
portation. To be eligible for enrollment in the
nonal service position designated under subtitle
come substandard and unsafe and the deteriora-
Corps. an individual shall satisfy the criteria
C of title I of the National and Community Serv-
tion of urban roadways, mass transit systems,
specified in section 139(b) of the National and
ice Act of 1990. the participant or resource as-
and transportation facilities in the United
Community Service Act of 1990. The Secretaries
sistant shall be eligible for a national service
States have contributed to the blight encoun-
may enroll such individuals in the Corps with-
educational award in the manner prescribed in
tered in many cities in the United States.
out regard to the civil service and classification
subtitle D of such title upon successfully com-
(3) As a result, urban housing. public works.
laws. rules. or regulations of the United States.
plying with the requirements for the award. The
and transportation resources are in need of
The Secretaries may establish a preference for
period during which the national service edu-
labor intensive rehabilitation. reclamation, and
the enrollment in the Corps of individuals who
cational award may be used. the purposes for
beautification work that has been neglected in
are economically. physically. or educationally
which the award may be used. and the amount
the past and cannot be adequately carried out
disadvantaged.
of the award shall be determined as provided
by Federal, State, and local government at erist-
(2) USE OF QUALIFIED URBAN YOUTH CORPS.-
under such subtitle.
ing personnel levels.
The Secretaries are authorized to enter into con-
"(b) FORBEARANCE IN THE COLLECTION OF
(4) Urban youth corps have established a good
tracts and cooperative agreements with any
STAFFORD LOANS.-Fo purposes of section 128
record of rehabilitating. reclaiming, and
qualified urban youth corps to perform appro-
of the Higher Education Act of 1965. in the case
beautifying these kinds of resources in a cost ef-
priate service projects described in paragraph
of borrowers who are either participants in the
ficient manner. especially when they have
(3). As part of the Urban Youth Corps estab-
Corps or resource assistants, upon written re-
worked in partnership with government hous-
lished in the Department of Transportation the
quest. a Lender shall grant a borrower forbear-
ing. public works. and transportation authort-
Secretary of Transportation may make grants to
ance on such terms as are otherwise consistent
ties and agencies.
States (and through States to local govern.
with the regulations of the Secretary of Edu-
(b) PURPOSE.It is the purpose of this
ments) for the purpose of establishing. operat-
cation, during periods in which the borrower is
section-
ing. or supporting qualified urban youth corps
6202
CONGRESSIONAL RECORDHOUSE
August 5, 1993
that will perform appropriate service projects re-
project may be provided from non/ederal sources
"(11) INDIAN TRIBE-The term Indian tribe
lating to transportation resources or facilities.
in the form of funds. services, facilities. mate-
means
(3) SERVICE PROJECTS.-The Secretaries may
rials. equipment. or any combination of the fore-
"(A) an Indian tribe, band. nation. or other
each utilize the Corps or any qualified urban
going.
organized group or community. including-
youth corps to carry out appropriate service
(2) DONATIONS.-The Secretaries are each au-
"(1) any Native village. as defined in section
projects that the Secretary involved is author-
thorized to accept donations of funds. services,
3(c) of the Alaska Native Claims Settlement Act
ized to carry out under other authority of law
factlities, materials. or equipment for the pur-
(43 U.S.C. 1602(c)). whether organized tradition-
involving public housing projects or public
poses of operating the Urban Youth Corps and
ally or pursuant to the Act of June 18. 1934
works resources or factlities.
carrying out appropriate service projects or the
(commonly known as the Indian Reorganiza-
(4) PREFERENCE FOR CERTAIN PROJECTS.-In
Corps. However, nothing in this section shall be
tion Act'; 48 Stat. 984, chapter 576. 25 U.S.C 461
selecting an appropriate service project to be
construed to require any cost sharing for any
et seq.): and
carried out under this section, the Secretaries
project carried out directly by the Corps.
"(ii) any Regional Corporation or Village Cor.
shall give a preference to those projects which
(3) FUNDS AVAILABLE UNDER NATIONAL AND
poration. as defined in subsection (g) or (1) -e-
(A) will provide long-term benefits to the pub-
COMMUNITY SERVICE ACT-In order to carry out
spectively, of section 3 of the Alaska Native
ILC:
the Urban Youth Corps or to support qualified
Claims Settlement Act (43 U.S.C. 1602 (g) or (j)),
(B) will instill in the participant a work ethic
urban youth corps under this section, the Sec-
that is recognized as eligible for the special pro-
and a sense of public service:
retaries shall be eligible to apply for and receive
grams and services provided by the United
(C) will be labor intensive;
assistance under section 121(b) of the National
(D) can be planned and initiated promptly.
and Community Service Act of 1990.
States under Federal law to Indians because of
their status as Indians. and
and
Subtitle B-Related Procisions
(E) will provide academic, experiential. or
"(B) any tribal organization controlled. sanc-
SEC. 111. DEFINITIONS
community education opportunities.
tioned. or chartered by an entity described in
(a) IN GENERAL-Section 101 of the National
(5) CONSISTENCY.-Each appropriate service
subparagraph (A).
project carned out under this section in any
and Community Service Act of 1990 (42 U.S.C.
"(12) INDIVIDUAL WITH A DISABILITY - Except
public housing project or public works resource
12511) is amended to read as follows:
as provided in section 175(a). the term individ-
"SEC. 101. DEFINITIONS.
or facility shall be consistent with the provisions
ual with a disability' has the meaning given the
of law and policies relating to the management
"For purposes of this title:
term in section 7(8)(B) of the Rehabilitation Act
and administration of such projects. facilities.
"(1) ADULT VOLUNTEER.-The term adult
of 1973 (29 U.S.C. 706(8)(B)).
or resources, with all other applicable provisions
volunteer' means an individual, such as an
"(13) INSTITUTION OF HIGHER EDUCATION.-
of law. and with all management, operational.
older adult, on individual with a disability. a
The term institution of higher education' has
and other plans and documents which govern
parent, or on employee of a business or public or
the same meaning given such term in section
the administration of such projects. facilities. or
private nonprofit organization, who
1201(a) of the Higher Education Act of 1965 (20
"(A) works without financial remuneration in
U.S.C. 1141(a)).
resources.
(e) LIVING ALLOWANCES.-The Secretaries
an educational institution to assist students or
"(14) LOCAL EDUCATIONAL AGENCY-The term
shall provide each participant in the Urban
out-of-school youth; and
local educational agency' has the same mean-
"(B) is beyond the age of compulsory school
Youth Corps with a Huing allowance in an
ing given such term in section 1471(12) of the EI-
attendance in the State in which the edu-
amount not to exceed the marimum living allow-
ementary and Secondary Education Act of 1965
cational institution is located.
ance authorized by section 140(a)(3) of the Na-
(20 U.S.C. 2891(12)).
"(2) APPROVED NATIONAL SERVICE POSITION.-
tional and Community Service Act of 1990 for
"(15) NATIONAL SERVICE LAWS.-The term 'na-
The term approved national service position'
participants in a national service program as
tional service laws' means this Act and the Do-
means a national service position for which the
sisted under subtitle C of title I of such Act.
mestic Volunteer Service Act of 1973 (42 U.S.C.
Corporation has approved the provision of a na-
(f) TERMS OF SERVICE-Each participant in
4950 et seq.).
tional service educational award described in
the Urban Youth Corps shall agree to partici-
''(16) OUT-OF-SCHOOL YOUTH.-The term 'out-
pate in the Corps for a term of service estab-
section 147 as one of the benefits to be provided
of-school youth' means an individual who
Hsked or the Secretary involved. consistent with
for successful service in the position.
"(A) has not attained the age of 27;
"(3) CARRY OUT.-The term carry out'. when
the terms of service required under section 139(b)
"(B) has not completed college or the equiva-
used in connection with a national service pro-
of the National and Community Service Act of
lent thereof; and
gram described in section 122, means the plan-
1990 for participants in a national service pro-
"(C) is not enrolled in an elementary or sec-
ning, establishment, operation, expansion, or
gram assisted under subtitle C of title / of such
ondary school or institution of higher edu-
replication of the program.
Act.
cation.
"(4) CHIEF EXECUTIVE OFFICER.-The term
(g) EDUCATIONAL AWARDS.-
"(17) PARTICIPANT.-
Chief Executive Officer', except when used to
(1) ELIGIBILITY.-Each participant in the
"(A) IN GENERAL-The term 'participant'
refer to the chief executive efficer of a State.
Urban Youth Corps shall be eligible for a na-
means-
means the Chief Erecutive Officer of the Cor-
tional service educational award in the manner
"(1) for purposes of subtitle C. an individual
poration appointed under section 193.
prescribed in subtitle D of title I of the National
"(5) COMMUNITY-BASED AGENCY-The term
in an approved national service position. and
and Community Service Act of 1990 if such par-
"(ii) for purposes of any other provision of
'community-based agency' means a private non-
ticipant complies with such requirements as may
this Act. an individual enrolled in a program
profit organization (including a church or other
be established under this subtitle by the Sec-
that receives assistance under this title.
religious entity) that-
retary involved respecting eligibility for the
"(A) is representative of a community or a no-
"(B) RULE.-A participant shall not be COR-
award. The period during which the award may
nificant segment of a community: and
sidered to be an employee of the program in
be used. the purposes for which the award may
"(B) is engaged in meeting human, edu-
which the participant is enrolled.
be used. and the amount of the award shall be
cational, environmental, or public safety com-
"(18) PARTNERSHIP PROGRAM.-The term
determined as provided under such subtitle.
munity needs.
'partnership program' means a program through
(2) FORBEARANCE IN THE COLLECTION OF STAF-
"(6) CORPORATION.-The term 'Corporation'
which an adult volunteer, a public or private
FORD LOANS.-FOT purposes of section 428 of the
means the Corporation for National and Com-
nonproft organization. an institution of higher
Higher Education Act of 1965. in the case of bor-
munity Service established under section 191.
education, or a business assists a local edu-
rowers who are participants in the Urban Youth
"(7) ECONOMICALLY DISADVANT AGED-TRe
cational agency.
Corps. upon written request, a lender shall
term 'economically disadvantaged' means, with
"(19) PROGRAM-The term 'program'. unless
grant a borrower forbearance on such terms as
respect to an individual, an individual who is
the context otherwise requires, and except when
are otherwise consistent with the regulations of
determined by the Chief Executive Officer to be
used as part of the term academic program',
the Secretary of Education, during periods in
low-income according to the latest available
means a program described in section 111(a)
which the borrower is serving as such a partici-
data from the Department of Commerce.
(other than a program referred to in paragraph
part and eligible for a national service edu-
"(8) ELEMENTARY SCHOOL-The term 'elemen-
(3)(B) of such section), 117A(a). 119(b)(1). or
cational award under paragraph (1).
tary school' has the same meaning given such
122(a). or in paragraph (1) or (2) of section
(h) NONDISPLACEMENT-The nondisplacement
term in section 1471(8) of the Elementary and
152(b). or an activity that could be funded
requirements of section 177 of the National and
Secondary Education Act of 1965 (20 U.S.C.
under section 198. 198C. or 198D.
Community Service Act of 1990 shall be applica-
2891(8)).
"(20) PROJECT.-The term project means an
ble to all activities carried out by the Urban
''(9) INDIAN-The term 'Indian' means a per-
activity. carried out through a program that Te-
Youth Corps and to all activities carried out
son who is a member of an Indian tribe, or is a
celves assistance under this title. that results tn
under this section by a qualified urban youth
'Native'. as defined in section 3(b) of the Alaska
a specific identifiable service or improvement
corps.
Native Claims Settlement Act (43 U.S.C. 1602(b)).
that otherwise would not be done with eristing
(1) COST SHARING.-
"(10) INDIAN LANDS-The term Indian lands'
funds, and that does not duplicate the routine
(1) PROJECTS BY QUALIFIED URBAN YOUTH
means any real property owned by on Indian
services or functions of the employer to whom
CORPS-The Secretaries are each authorized to
tribe, any real property held in trust by the
participants are assigned.
pay not more than 75 percent of the COSTS of any
United States for an Indian or Indian tribe, and
"(21) SCHOOL-AGE YOUTH.-The term 'school-
appropriate service project carried out pursuant
any real property held by an Indian or Indian
age youth' means-
to this section by a qualified urban youth corps.
tribe that is subject to restrictions on alienation
"(A) individuals between the ages of 5 and 17,
The remaining 25 percent of the costs of such a
imposed by the United States.
inclusive; and
August 5, 1993
CONGRESSIONAL RECORD-HOUSE
H6203
"YB) children with disabilities. as defined in
section 101(30) of the National and Community
S&C. 11& NONDISCRIMINATION.
section 602(a)(1) of the Individuals with Disabil-
Service Act of 1990" and inserting 'youth corps
Section 175 of the National and Community
:ttes Education Act (20 U.S.C. 1401(a)(1)), uho
programs, as described in section 122(a)(2) of the
Service Act of 1990 (42 U.S.C. 12635) is amended
receive services under part B of such Act.
National and Community Service Act of 1990
to read as follows:
11(22) SECONDARY SCHOOL-The term 'second-
(5) Section 1201(p) of the Higher Education
*SEC. 178. NONDISCRIMINATION.
ary school' has the same meaning given such
Act of 1965 (20 U.S.C. 1141(p)) LE amended or
"(a) IN GENERAL.-
term in section 1471(27) of the Elementary and
strucing "section 101(22) of the National and
"(1) individual with responsibility
Secondary Education Act of 1965 (20 U.S.C.
Community Service Act of 1990" and inserving
for the operation of a project :ha: receives us-
2891(21)).
"section 101(23) of the National and Community
sistance under this title shall not discriminate
(23) term service-
Service Act of 1990 (42 U.S.C. 12511(21))".
against a participant in. or member of the staff
learning means a mechod
SBC. 112 AUTHORITY TO MAKE STATE GRANTS.
of. such project on the basis of race. color. na-
(1(.4) under when students or participants
Section 102 of the National and Community
tional origin, ser, age, or political affiliation of
learn and develop through active participation
Service Act of 1990 (42 U.S.C. 12512) is repealed.
such participant or member. or on the basis of
in thought/ully organized service that-
SEC. 112 FAMILY AND MEDICAL LEAVE
disability. if the participant OF member 13 a
"(1) is conducted in and meets the needs of a
(a) IN GENERAL-Section 171 of the National
qualified individual with a discoility.
community.
"(ii) IS coordinated with an elementary
and Community Service Act of 1990 (42 U.S.C.
"(2) DEFINITION-As used in paragraph (1).
school. secondary school. institution of higher
12631) is amended to read as follows:
the term qualified individual with a disability'
"SEC. 171. FAMILY AND MEDICAL LEAVE
has the meaning given the term in section 101(8)
education, or community service program, and
"(a) PARTICIPANTS IN PRIVATE, STATE, AND
of the Americans with Disabilities Act of 1990 (42
with the community: and
U.S.C. 12111(8)).
"(iti) helps foster cluic responsibility: and
LOCAL PROJECTS.-For purposes of title / of the
"(b) FEDERAL FINANCIAL ASSISTANCE.-Any
"(B) that-
Family and Medical Leave Act of 1993 (29 U.S.C.
assistance provided under this title shall con-
"(1) is integrated into and enhances the aca-
2601 et seq.). If-
stitute Federal financial assistance for purposes
demic curriculum of the students, or the edu-
"(1) a participant has provided service for the
of title VI of the Civil Rights Act of 1964 (42
cational components of the community service
period required by section 101(2)(A)(1) (29 U.S.C.
U.S.C. 2000d et seq.), title IX of the Education
program in which the participants are enrolled;
2€11(2)(A)(i)). and has met the hours of service
Amendments of 1972 (20 U.S.C. 1681 et seq.). sec-
and
requirement of section 101(2)(A)(ii). of such Act
tion 504 of the Rehabilitation Act of 1973 (29
"(ii) provides structured time for the students
with respect to a project; and
U.S.C. 794). and the Age Discrimination Act of
oT participants to reflect on the service expert-
"(2) the service sponsor of the project is an
1975 (42 U.S.C. 6101 et seq.), and shall constitute
ence.
employer described in section 101(4) of such Act
Federal financial assistance to an education
"(24) SERVICE-LEARNING COORDINATOR.-The
(other than an employing agency within the
program or activity for purposes of the Edu-
term 'service-learning coordinator' means an in-
meaning of subchapter V of chapter 63 of title 5,
cation Amendments of 1972 (20 U.S.C. 1681 et
dividual who provides services as described in
United States Code),
seq.).
subsection (a)(3) or (b) of section 111.
the participant shall be considered to be an eli-
"(c) RELIGIOUS DISCRIMINATION.-
"(25) SERVICE SPONSOR.-The term 'service
gible employee of the service sponsor.
"(1) IN GENERAL.Except as provided in para-
sponsor means an organization, or other entity.
"(b) PARTICIPANTS IN FEDERAL PROJECTS.-
graph (2). an individual with responsibility for
that has been selected to provide a placement
For purposes of subchapter V of chapter 63 of
the operation of a project that receives assist-
for a participant.
title 5, United States Code, If-
ance under this title shall not discriminate on
"(26) STATE-The term 'State' means each of
"(1) a participant has provided service for the
the basis of religion against a participant in
the several States. the District of Columbia, the
period required by section 6381(1)(B) of such
Commonwealth of Puerto Rico, the United
such project or a member of the staff of such
title with respect to a project; and
States Virgin Islands, Guam, American Samoa,
project who is paid with funds received under
"(2) the service sponsor of the project is an
this title.
and the Commonwealth of the Northern Mari-
employing agency within the meaning of such
"(2) EXCEPTION.-Paragraph (1) shall not
ana Islands The term also includes Palau. until
subchapter,
apply to the employment. with assistance pro-
such time as the Compact of Pree Association is
the participant shall be considered to be an em-
vided under this title, of any member of the
ratified.
ployee of the service sponsor.
staff. of a project that receives assistance under
"(27) STATE COMMISSION.-The term 'State
Commission' means a State Commission on Na-
"(c) TREATMENT OF ABSENCE.-The period of
this title. who was employed with the organiza-
tional and Community Service maintained by a
any absence of a participant from a service post-
tion operating the project on the date the grant
non pursuant to title / of the Family and Medi-
under this title was awarded.
State pursuant to section 178. Except when used
cal Leave Act of 1993 or subchapter V of chapter
"(d) RULES AND REGULATIONS-The Chief Er-
in section 178, the term includes an alternative
63 of title 5. United States Code, shall not be
ecutive Officer shall promulgate rules and regu-
administrative entity for a State approved by
counted toward the completion of the term of
lations to provide for the enforcement of this
the Corporation under such section to act in
service of the participant under section 139 of
section that shall include provisions for sum-
lieu of a State Commission.
this Act.".
mary suspension of assistance for not more than
"(28) STATE EDUCATIONAL AGENCY-The term
(b) TABLE OF CONTENTS.-Section 1(b) of the
30 days, on an emergency basis, until notice and
State educational agency' has the same mean-
National and Community Service Act of 1990
an opportunity to be heard can be provided."
ing given such term in section 1471(23) of the BI-
(Public Law 101-610; 104 Stat. 3127) is amended
SEC. 11a. NOTICE, HEARING, AND GRIEVANCE
ementary and Secondary Education Act of 1965
by striking the item relating to section 171 of
PROCEDURES.
(20 U.S.C. 2891(23)).
"(29) STUDENT-The term 'student' means an
such Act and inserting the following:
(a) DECERTIFICATION OF POSITIONS.-Section
"Sec. 171. Family and medical leave.".
176(a) of the National and Community Service
individual who is enrolled in an elementary or
secondary school or institution of higher edu-
SEC. 114 REPORTS.
Act of 1990 (42 U.S.C. 12636(a)) is amended-
(1) in paragraph (1). by inserting ". or revoke
cation on a full- or part-time basis.".
Section 172 of the National.and Community
(b) TECHNICAL AND CONFORMING AMEND-
Service Act of 1990 (42 U.S.C. 12632) is
the designation of positions, related to the grant
amended-
or contract, as approved national service post-
MENTS.-
tions." before "whenever the Commission"; and
(1) Section 182(a)(2) of the National and Com-
(1) in subsection (a)(3)(A). by striking "sec-
(2) in paragraph (2)(B). by inserting "or Te-
munity Service Act of 1990 (42 U.S.C 12642(a)(2))
tions 177 and 113(9)" and inserting "section
voked" after "terminated".
is amended by striking "adult volunteer and
177":
(b) CONSTRUCTION.-Section 176(e) of such Act
partnership" each place the term appears and
(2) in subsection (0)-
(42 U.S.C. 12636(e)) is amended by adding before
inserting "partnership".
(A) by striking "REPORT TO CONGRESS"; and
the period the following ", other than assistance
(2) Section 182(a)(3) of the National and Com-
inserting "REPORT TO CONGRESS BY CORPORA-
provided pursuant to this Act".
munity Service Act of 1990 (42 U.S.C 12642(a)(3))
TION": and
(c) GRIEVANCE PROCEDURE.-Section 176(f) of
is amended by striking "adult volunteer and
(B) in paragraph (1), by striking "this title"
such Act is amended to read as follows:
partnership" and inserting "partnership".
and inserting "the national service laws": and
"(n GRIEVANCE PROCEDURE.-
(3) Section 441(c)(2) of the Higher Education
(3) by adding at the end the following:
"(1) IN GENERAL.-A State or local applicant
Act of 1965 (42 U.S.C. 2751(c)(2)) is amended by
"(c) REPORT TO CONGRESS BY SECRETARY OF
that receives assistance under this title shall es-
striking "service opportunities or youth corps as
DEFENSE.-
tablish and maintain a procedure for the filing
defined in section 101 of the National and Com-
"(1) STUDY.-The Secretary of Defense shall
and adjudication of grievances from partici-
munity Service Act of 1990, and service in the
annually conduct a study of the effect of the
pants. labor organizations, and other interested
agencies. institutions and activities designated
programs carried out under this title on recruit-
individuals concerning projects that receive as-
in section 124(a) of the National and Community
ment for the Armed Forces.
sistance under this title. including grievances
Service Act of 1990" and inserting "a project. as
"(2) REPORT-The Secretary of Defense shall
regarding proposed placements of such partict-
defined in section 101(20) of the National and
annually submit a report to the appropriate
pants in such projects.
Community Service Act of 1990 (42 U.S.C.
committees 01 Congress containing the findings
"(2) DEADLINE FOR GRIEVANCES.-Ecept for a
12511(20))".
of the study described in paragraph (1) and
grievance that alleges fraud or criminal activity,
(4) Section 1122(a)(2)(C) of the Higher Edu-
such recommendations for legislative and ad-
a grievance shall be made not later than 1 year
cation Act of 1965 (20 U.S.C. 1137a(a)(2)(C)) is
ministrative reform as the Secretary may deter-
after the date of the alleged occurrence of the
amended by striking "youth corps as defined in
mine to be appropriate.".
event that is the subject of the grievance.
6204
CONGRESSIONAL RECORD-HOUSE
August 5, 1993
(1)) DEADLINE FOR HEARING AND DECISION.-
(1) in subparagraph (B). to read as follows
by striking post-service benefits and riserving
T(A) HEARING - A hearing on any grievance
"(B) SUPPLANTATION OF HIRING.-A partici-
"national service educational awards
conducted under this subsection shall be con-
pant in any program receiving assistance under
SEC. 180. CONTINGENT EXTENSION
ducted not later than 30 days after the filing of
this title shall not perform any services OF du-
(a) IN GENERAL-Secton 181 of the National
such grievance.
ties. or engage in activities. that-
((B) DECISION-A decision on any such griev-
and Community Service Act of 1990 (42 USC
"(1) will supplant the hiring of employed
ance shall be made not later than 60 days after
12641) LS amended to read as follows
workers: or
the fliting of such grievance.
"SEC. 181. CONTINGENT EXTENSION
"(11) are services. duties. or activities with Te-
"(4) ARBITRATION-
spect to which an individual has recall rights
Section 414 of the General Education Provi-
(A) IN GENERAL.-
"(1) JOINTLY SELECTED AR.BITRATOR.-in the
pursuant to a collective bargaining agreement or
sions Act (20 U.S.C. 1226a) shall apply to this
AC!
event o! 1 decision on a grievance that LS ad-
applicable personnel procedures." and
verse to the party who filed such grievance. or
(2) in subparagraph (C)(iii). to read as fol-
(b) TABLE OF CONTENTS:-Sectuon (15) of the
60 days after the filing of such grievance 11 no
lows:
National and Community Service Act of (2)
decision has been reached. such party shall be
(111) employee who
(Public Law 101-610, 104 Sta: 3127) 13 amended
''(I) La subject to a reduction in force: or
by striking the item relating :0 section 181 of
permitted to submit such grievance to binding
arbitration before a qualified arbitrator who is
"(II) has recall rights pursuant to a collective
such Act and inserting the following
jointly selected and independent of the inter-
bargaining agreement or applicable personnel
"Sec. 181. Contingent extension."
procedures;"
SEC. 121. AUDITS
ested parties.
"(11) APPOINTED ARBITRATOR.-11 the parties
SEC. 118. EVALUATION.
(a) IN GENERAL.Section 183 of the National
cannot agree on an arbitrator. the Chief Erecu-
Section 179 of the National and Community
and Community Service Act of 1990 142 U.S.C.
tive Officer shall appoint an arbitrator from a
Service Act of 1990 (42 U.S.C. 12639) is
12643) is amended to read as follows.
list of qualified arbitrators within 15 days after
amended-
"SEC. 183. RIGHTS OF ACCESS, EXAMINATION,
receiving a request for such appointment from
(1) in subsection (a)(2)-
AND COPYLNG.
one of the parties to the grievance.
(A) in the matter preceding subparagraph (A),
"(a) COMPTROLLER GENERAL-The Comptro:-
"(B) DEADLINE FOR PROCEEDING.-An arbitra-
by striking "for purposes of the reports required
ler General, or any of the duly authorized rep-
Non proceeding shall be held not later than 45
by subsection (j)." and inserting "with respect
resentatives of the Comptroller General. shall
days after the request for such arbitration pro-
to the programs authorized under subtitle C,":
have access to, and the right to examine and
ceeding. or, If the arbitrator is appointed by the
and
copy, any books. documents. papers. records.
Chief Erecutive Officer in accordance with sub-
(B) in subparagraph (A). by striking "older
and other recorded information in any form-
paragraph (A)(ii). not later than 30 days after
American volunteer programs" and inserting
"(1) within the possession or control of the
the appointment of such arbitrator.
"National Senior Volunteer Corps programs":
Corporation OT any State OT local government,
"(C) DEADLINE FOR DECISION-A decision
(2) in subsection (g)
Indian tribe. 09 public or private nonprofit orga-
concerning a grievance shall be made not later
(A) in the matter preceding paragraph (1). by
nization receiving assistance directly or indi-
than 30 days after the date such arbitration pro-
striking "subtitle D" and inserting "subtitle C";
rectly under this Act. and
ceeding begins.
and
"(2) that the Comptroller General. or his rep-
"(D) COST-
"(1) IN GENERAL-Ercept as provided in
(B) in paragraphs (3) and (9), by striking
resentative, considers necessary to the perjorm-
"older American volunteer programs" and in-
ance of an evaluation. audit. or review
clause (11). the cost of an arbitration proceeding
shall be divided evenly between the parties to
serting "National Senior Volunteer Corps pro-
"(b) CHIEF FINANCIAL OFFICER.-The Ch.ef
grams":
Financial Officer of the Corporation shall have
the arbitration.
"(II) EXCEPTION.- a participant, labor orga-
(3) by striking subsections (1) and (f); and
access to, and the right to examine and copy.
nization. or other interested individual de-
(4) by adding at the end the following:
any books. documents. papers, records. and
scribed in paragraph (1) prevails under a bind-
"(1) INDEPENDENT EVALUATION AND REPORT
other recorded information in any form-
ing arbitration proceeding. the State or local ap-
OF DEMOGRAPHICS OF NATIONAL SERVICE PAR-
"(1) within the possession OF control of the
plicant described in paragraph (1) that is a
TICIPANTS AND COMMUNITIES.-
Corporation or any State or local government,
party to such grievance shall pay the total cost
"(1) INDEPENDENT EVALUATION.-
Indian tribe. or public or private nonprofit orga-
of such proceeding and the attorneys' fees of
"(A) IN GENERAL.-The Corporation shall. on
nization receiving assistance directly of indi-
such participant. Labor organization. or individ-
an annual basis, arrange for an independent
rectly under this Act. and
val. as the case may be.
evaluation of the programs assisted under sub-
"(2) that relates to the duties of the Chief F1-
''(5) PROPOSED PLACEMENT.-11 a grievance is
title C.
nancial Officer.".
flied regarding a proposed placement of a par-
"(B) PARTICIPANTS.-
(b) TABLE OF CONTENTS-Section 1(b) of the
acipant in a project that receives assistance
"(1) IN GENERAL-The entity conducting such
National and Community Service Act of 1990
under this title. such placement shall not be
evaluation shall determine the demographic
(Public Law 101-610: 104 Stat. 3127) IS amended
made unless the placement is consistent with the
characteristics of the participants in such pro-
by striking the item relating to section 183 of
resolution of the grievance pursuant to this sub-
grams.
such Act and inserting the following
section.
"(11) CHARACTERISTICS-The entity shall de-
"Sec. 183. Rights of access, examination. and
''(6) REMEDIES-Remedies for a grievance
termine, for the year covered by the evaluation.
copying.".
filed under this subsection include-
the total number of participants in the pro-
SEC. 132 REPEALS.
"(A) suspension of payments for assistance
grams. and the number of participants within
under this title:
the programs in each State, by ser, age, eco-
(a) IN GENERAL-Subtitle F of title I of the
(B) termination of such payments;
National and Community Service Ac: of 1990 (42
nomic background, education level, ethnic
"(C) prohibition of the placement described in
group. disability classification, and geographic
U.S.C. 12631 et seq.) is amended by repealing
paragraph (5). and
sections 185 and 186.
region,_
((D) in a case in which the grievance involves
(b) TABLE OF CONTENTS-Section 113, of the
"(iii) CATEGORIES.-The Corporation shall de-
a trolation of subsection (a) or (b) of section 177
National and Community Service Act of 1990
termine appropriate categories for analysis of
and the employer of the displaced employee is
(Public Law 101-610; 104 Stat. 3127) is amended
each of the characteristics referred to in clause
the recipient of assistance under this title-
by striking the item relating to section 185 of
(ii) for purposes of such an evaluation.
"(1) reinstatement of the displaced employee to
such Act.
"(C) COMMUNITIES.-In conducting the eval.
the position held by such employee prior to dis-
nation, the entity shall determine the amount of
SEC. 123 EFFECTIVE DATE
placement;
assistance provided under section 121 during the
This title. and the amendments made by this
"(it) payment of lost wages and benefits of the
displaced employee:
year that has been expended for projects con-
title. shall take effect on October 1. 1993.
"(iii) reestablishment of other relevant terms.
ducted under the programs in areas described in
TITLE II-ORGANIZATION
conditions. and privileges of employment of the
section 133(c)(6).
SEC. 201. STATE COMMISSIONS ON NATIONAL
displaced employee. and
"(2) REPORT-The entity conducting the eval-
AND COMMUNITY SERVICE
(it) such equitable relief as is necessary to
nation shall submit a report to the President.
(a) COMPOSITION AND DUTIES OF STATE COM.
correct any violation of subsection (a) or (b) of
Congress, the Corporation. and each State Com-
MISSIONS.-Subtitle F. of title I of the National
section 177 or to make the displaced employee
mission containing the results of the
and Community Service Act of 1990 is amended
whole.
evaluation-
by striking section 178 (42 U.S.C. 12638) and in-
"(7) ENFORCEMENT-Suits to enforce arbitra-
"(A) with respect to the evaluation covering
serting the following new section:
tion awards under this section may be brought
the year beginning on the date of enactment of
"SEC. 178. STATE COMMISSIONS ON NATIONAL
in any district court of the United States having
this subsection. not later than 18 months after
AND COMMUNITY SERVICE
jurisdiction of the parties. without regard to the
such date: and
"(a) EXISTENCE REQUIRED.-
amount in controversy and without regard to
"(B) with respect to the evaluation covering
"(I) STATE COMMISSION-Except as provided
the citizenship of the parties.".
each subsequent year. not later than 18 months
in paragraph (2). to be eligible to receive a grant
SRC. 117. NONDISPLACEMENT.
after the first day of each such year."
or allotment under subtitle B OT C or to receive
Section 177(b)(3) of the National and Commu-
SEC. 110. ENGAGEMENT OF PARTICIPANTS.
a distribution of approved national service post-
nity Service Act of 1990 (42 U.S.C. 12637(b)(3)) is
Section 180 of the National and Community
tions under subtitle C. a State shall maintain a
amended-
Service Act of 1990 (42 U.S.C. 12640) is amended
State Commission on National and Community
August 5, 1993
CONGRESSIONAL RECORD-HOUSE
6205
Service that satisfies the requirements of this
duced to the nearest whole number) of the total
"(A) is developed through an open and public
section.
membership of the State Commission.
process (such as through regional forums. hear-
"(2) ALTERNATIVE ADMINISTRATIVE ENTITY.-
"(d) MISCELLANBOUS MATTERS.-
ings, and other means) that provides for mari-
The chief executive officer of a State may apply
"(1) MEMBERSHIP BALANCE.-The chief erecu-
mum participation and input from national
to the Corporation for approval to use an alter-
tive officer of a State shall ensure. to the mari-
service programs within the State and other in-
native administrative entity to carry out the du-
mum extent practicable. that the membership of
terested members of the public;
ties otherwise entrusted to a State Commission
the State Commission for the State is diverse
"(B) covers a 3-year period:
under this Act. The chief executive officer shall
with respect to race, ethnicity. age, gender, and
"(C) is updated annually:
ensure that any alternative administrative en-
disability characteristics. Not more than 50 per-
"(D) ensures outreach to diverse community-
tity used in her of a State Commission provides
cent of the voting members of a State Commis-
based agencies that serve underrepresented pop-
for the individuals described in paragraph (1).
non, plus one additional member, may be from
ulations, by-
and some of the individuals described in para-
the same political party.
"(1) using established networks. and registries.
graph (2). of subsection (c) to play a significant
"(2) TERMS.-Each member of the State Com-
at the State level; or
policymaking role in carrying out the duties
mission for a State shall serve for a term of 3
"(ii) establishing such networks and reg-
otherwise entrusted to a State Commission. in-
years. except that the chief executive officer of
istries: and
cluding the submission of applications on behalf
a State shall initially appoint a portion of the
"(E) contains such information as the State
of the State under sections 117B and 130.
members :0 terms of I year and 2 years.
Commission considers to be appropriate or as the
((b) APPOINTMENT AND SIZE-Ercept as pro-
''(3) VACANCIES.-II a vacancy occurs on a
Corporation may require.
vided in subsection (c)(3). the members of a
State Commission, a new member shall be ap-
''(2) Preparation of the applications of the
State Commission for a State shall be appointed
pointed by the chief executive officer of the
State under sections 117B and 130 for financial
by the chief executive officer of the State. A
State and serve for the remainder of the term for
assistance.
State Commission shall consist of not fewer than
which the predecessor of such member was ap-
"(3) Assistance in the preparation of the ap-
15. and not more than 25, voting members, and
pointed. The vacancy shall not affect the power
plication of the State educational agency for as-
any er officio nonvoting members. as described
of the remaining members to execute the duties
sistance under section 113.
in paragraph (3) or (4) of subsection (c).
of the State Commission.
"(4) Preparation of the application of the
"(c) COMPOSITION AND MEMBERSHIP.-
"(4) COMPENSATION.-A member of a State
State under section 130 for the approval of serv-
"(1) REQUIRED MEMBERS.-The State Commis-
Commission or alternative administrative entity
ice positions that include the national service
non for a State shall include as voting members
shall not receive any additional compensation
educational award described in subtitle D.
at least one of each of the following individuals:
by reason of service on the State Commission or
"(5) Make recommendations to the Corpora-
"(A) An individual with expertise in the edu-
alternative administrative entity. except that
tion with respect to priorities for programs re-
cational, training. and development needs of
the State may authorize the reimbursement of
ceiving assistance under the Domestic Volunteer
youth, particularly disadvantaged youth.
travel expenses. including a per diem in lieu of
Service Act of 1973 (42 U.S.C. 4950 et seq.).
"(B) An individual with experience in promot-
subsistence, in the same manner as other em-
''(6) Make technical assistance available to
ing the involvement of older adults in service
ployees serving intermittently in the service of
enable applicants for assistance under section
and voluntarism.
the State.
121-
"(C) A representative of community-based
"(5) CHAIRPERSON.-The voting members of a
"(A) to plan and implement service programs:
agencies or community-based organizations
State Commission shall elect one of the voting
and
within the State.
members to serve as chairperson of the State
"(B) to apply for assistance under the па-
"(D) The head of the State educational agen-
Commission.
tional service laws using If appropriate, infor-
CV.
''(6) LIMITATION ON MEMBER PARTICIPATION.-
mation and materials available through a clear-
"(E) A representative of local governments in
"(A) GENERAL LIMITATION.-Except as pro-
inghouse established under section 198A.
the State.
vided in subparagraph (B), a voting member of
"(7) Assistance in the provision of health care
"(F) A representative of local labor organiza-
the State Commission (or of an alternative ad-
and child care benefits under section 140 to par-
tions in the State.
ministrative entity) shall not participate in the
ticipants in national service programs that re-
"(G) A representative of business.
administration of the grant program (including
celve assistance under section 121.
"(H) An individual between the ages of 16 and
any discussion or decision regarding the provi-
"(8) Development of a State system for the re-
25 who is a participant or supervisor in a pro-
sion of assistance or approved national service
cruitment and placement of participants in pro-
gram.
positions, or the continuation, suspension, or
grams that receive assistance under the national
"(I) representative of a national service pro-
termination of such assistance or such positions.
service laws and dissemination of information
gram described in section 122(a), such as a
to any program or entity) described in sub-
concerning national service programs that re-
youth corps program described in section
section (e)(9) 1/-
celve such assistance or approved national serv-
122(a)(2).
"(1) a grant application relating to such pro-
ice positions.
''(2) SOURCES OF OTHER MEMBERS.-The State
gram is pending before the Commission (or such
"(9) Administration of the grant program in
Commission for a State may include as voting
entity): and
support of national service programs that is con-
members the following individuals:
"(II) the application was submitted by a pro-
ducted by the State using assistance provided to
"(A) Members selected from among local edu-
gram or entity of which such member is. or in
the State under section 121. including selection,
cators.
the 1-year period before the submission of such
oversight. and evaluation of grant recipients.
"(B) Members selected from among experts in
application was, an officer. director, trustee,
"(10) Development of projects. training meth-
the delivery of human, educational, environ-
full-time volunteer, or employee.
ods, curriculum materials, and other materials
mental, or public safety services to communities
"(B) EXCEPTION.-If. as a result of the oper-
and activities related to national service pro-
and persons.
ation of subparagraph (A), the number of voting
grams that receive assistance directly from the
"(C) Representatives of Indian tribes.
members of the Commission (or of such entity) is
Corporation (to be made available in a case in
"(D) Members selected from among out-of-
insufficient to establish a quorum for the pur-
which such a program requests such a project.
school youth or other at-risk youth.
pose of administering such program, then voting
method. material, or activity) or from the State
"(E) Representatives of entities that receive
members excluded from participation by sub-
using assistance provided under section 121. for
assistance under the Domestic Volunteer Service
paragraph (A) may participate in the adminis-
use by programs that request such projects.
Act of 1973 (42 U.S.C. 4950 et seq.).
tration of such program. notwithstanding the
methods. materials. and activities.
"(3) CORPORATION REPRESENTATIVE.-The rep-
limitation in subparagraph (A). to the extent
"() ACTIVITY INELIGIBLE POR ASSISTANCE.-A
resentative of the Corporation designated under
permitted by regulations issued under section
State Commission or alternative administrative
section 195(c) for a State shall be an er officio
193A(b)(11) by the Corporation.
entity may not directly carry out any national
nonvoting member of the State Commission or
"(C) RULE OF CONSTRUCTION.-Subparagraph
service program that receives assistance under
alternative administrative entity for that State,
(A) shall not be construed to limit the authority
section 121.
unless the State permits the representative to
of any voting member of the Commission (or of
"(g) DELEGATION.-Subject to such require-
serve as a voting member of the State Commis-
such entity) to participate in-
ments as the Corporation may prescribe. a State
sion or alternative administrative entity.
"(i) discussion of, and hearing and forums
Commission may delegate nonpolicymaking du-
"(4) Ex OFFICIO STATE REPRESENTATIVES.--
on-
ties to a State agency or public or private non-
The chief executive officer of a State may ap-
"(I) the general duties. policies. and oper-
profit organization.
point. as er officio nonvoting members of the
ations of the Commission (or of such entity): or
"(h) APPROVAL OF STATE COMMISSION OR AL
State Commission for the State, representatives
"(II) the general administration of such pro-
TERNATIVE.-
selected from among officers and employees of
gram: or
"(1) SUBMISSION TO CORPORATION.-The chief
State agencies operating community service.
"(11) similar general matters relating to the
executive officer for a State shall notify the Cor-
youth service, education, social service, senior
Commission (or such entity).
poration of the establishment or designation of
service. and 10b training programs.
"(e) DUTIES OF A STATE COMMISSION -The
the State Commission or use of an alternative
'*(5) LIMITATION ON NUMBER OF STATE S.M.
State Commission or alternative administrative
administrative entity for the State. The nottisca-
PLOYERS AS MEMBERS.-The number of voting
entity for a State shall be responsible for the fol-
tion shall include a description of-
members of a State Commission selected under
louring duties:
"(A) the composition and membership of the
paragraph (1) or (2) who are officers or employ-
"(I) Preparation of a national service plan for
State Commission or alternative administrative
ees of the State may not es
25 percent (re-
the State that-
entity: and
6206
CONGRESSIONAL RECORDHOUSE
August 5, 1993
"(B) the authority of the State Commission or
any such division, shall exchange information
tion. as defined in section 103 of title 5 United
alternative administrative entity regarding na-
about-
States Code.
tional service activities carried out or the State
"(1) the programs carried out in the State or
"SBC. 192. BOARD OF DIRECTORS.
"(2) APPROVAL OF ALTERNATIVE ADMINISTRA-
the Commission. entity. or division, as appro-
"(a) COMPOSITION.-
TIVE ENTITY-ARK designation of a State Com-
priate; and
"(1) IN GENERAL.-There shall be in the Cor-
mission or use of an alternative administrative
"(11) opportunities to coordinate activities.
poration a Board of Directors (referred to in this
entity to carry out the duties of a State Commis-
"(f) LIABILITY-
subtitle as the 'Board') that shall be composed
sion shall be subject to the approval of the Cor-
"(1) LIABILITY OF STATE.-Except as provided
of-
poration. which shall not be unreasonably with-
in paragraph (2)(B), a State shall agree to as-
"(A) 15 members. including an individual be-
held. The Corporation shall approve an alter-
sume hability with respect to any claim arising
tween the ages of 16 and 25 who
native administrative entity If such entity pro-
out of or resulting from any act or omission by
"(1) has served in a school-based or commu-
vides for individuals described in paragraph (1),
a member of the State Commission or alternative
nity-based service-learning program: or
and some of the individuals described in para-
administrative entity of the State. within the
"(ti) is or was a participant or a supervisor in
graph (2). of subsection (c) to play a significant
scope of the service of the member on the State
a program,
policymaking role in carrying out the duties
Commission or alternative administrative entity.
to be appointed by the President. by and with
otherwise entrusted to a State Commission. In-
''(2) OTHER CLAIMS.-
the advice and consent of the Senate. and
cluding the duties described in paragraphs (1)
"(A) IN GENERAL.-A member of the State
"(B) the er officto nonvoting members de-
through (4) of subsection (e).
Commission or alternative administrative entity
scribed in paragraph (3).
"(3) REJECTION.-The Corporation may reject
shall have no personal liability with respect to
"(2) QUALIFICATIONS.-To the maximum er-
a State Commission if the Corporation deter-
any claim arising out of or resulting from any
tent practicable, the President shall appoint
mines that the composition. membership. or du-
act or omission by such person, within the scope
members-
ties of the State Commission do not comply with
of the service of the member on the State Com-
"(A) who have extensive experience in volun-
the requirements of this section. The Corpora-
mission or alternative administrative entity.
teer or service activities, which may include pro-
tion may reject a request to use an alternative
"(B) LIMITATION.-This paragraph shall not
grams funded under one of the national service
administrative entity in lieu of a State Commis-
be construed to limit personal liability for crimi-
laws. and in State government;
sion If the Corporation determines that the en-
nal acts or omissions, willful or malicious mis-
"(B) who represent a broad range of view-
city does not provide for the individuals de-
conduct, acts or omissions for private gain. or
points;
scribed in paragraph (1). and some of the indi-
any other act or omission outside the scope of
"(C) who are experts in the delivery of
viduals described in paragraph (2), of subsection
the service of such member on the State Commis-
human, educational, environmental. or public
(c) to play a significant policymaking role as de-
ston or alternative administrative entity.
safety services;
scribed in paragraph (2). If the Corporation TE-
"(3) EFFECT ON OTHER LAW.-This subsection
"(D) so that the Board shall be diverse ac-
fects a State Commission or alternative adminis-
shall not be construed-
cording to race, ethnicity. age, gender. and dis-
trative entity under this paragraph. the Cor-
"(A) to affect any other immunities and pro-
ability characteristics; and
poration shall promptly notify the State of the
tections that may be available to such member
"(E) so that no more than 50 percent of the
reasons for the rejection.
under applicable law with respect to such serv-
appointed members of the Board, plus 1 addi-
"(4) RESUBMISSION AND RECONSIDERATION.-
ice;
tional appointed member, are from a single po-
The Corporation shall provide a State notified
"(B) to affect any other right or remedy
litical party.
under paragraph (3) with a reasonable oppor-
against the State under applicable law. or
"(3) Ex OFFICIO MEMBERS-The Secretary of
tunity to revise the rejected State Commission or
against any person other than a member of the
Education, the Secretary of Health and H1 n
alternative administrative entity. At the request
State Commission or alternative administrative
Services, the Secretary of Labor. the Secretary
of the State, the Corporation shall provide tech-
entity; or
of the Interior, the Secretary of Agriculture. the
nical assistance to the State as part of the revi-
"(C) to limit or alter in any way the immuni-
Secretary of Housing and Urban Development.
sion process. The Corporation shall promptly TE-
ties that are available under applicable law for
the Secretary of Defense, the Attorney General,
consider any resubmission of a notification
State officials and employees not described in
the Director of the Peace Corps, the Adminis-
under paragraph (1) or application to use an al-
this subsection.".
trator of the Environmental Protection Agency,
ternative administrative entity under paragraph
(b) TABLE OF CONTENTS.-Section 1(b) of the
and the Chief Erecutive Officer shall serve as er
(2).
National and Community Service Act of 1990
officio nonvoting members of the Board.
"(5) SUBSEQUENT CHANGES.-This subsection
(Public Law 101-610; 104 Stat. 3127) is amended
"(0) OFFICERS.-
shall also apply to any change in the compost-
by striking the item relating to section 178 and
"(1) CHAIRPERSON.-The President shall ap-
tion or duties of a State Commission or an alter-
inserting the following new item:
point a member of the Board to serve as the ini-
native administrative entity made after approval
"Sec. 178. State Commissions on National and
tial Chairperson of the Board. Each subsequent
of the State Commission or the alternative ad-
Community Service.".
Chairperson shall be elected by the Board 11
ministrative entity.
(c) EFFECTIVE DATE-The amendments made
among its members.
''(6) RIGHTS.-An alternative administrative
by this section shall take effect on October 1.
"(2) VICE CHAIRPERSON.-The Board shall
entity approved by the Corporation under this
1993.
elect a Vice Chairperson from among its
subsection shall have the same rights as a State
(d) TRANSITIONAL PROVISIONS.-
bership.
Commission.
(1) USE OF ALTERNATIVES TO STATE COMMIS-
"(3) OTHER OFFICERS.-The Board may elect
"(1) COORDINATION.-
SION.-If a State does not have a State Commis-
from among its membership such additional offi-
"(1) COORDINATION WITH OTHER STATE AGEN-
sion on National and Community Service that
CETS of the Board as the Board determines to be
CIES-The State Commission or alternative ad-
satisfies the requirements specified in section 178
appropriate.
ministrative entity for a State shall coordinate
of the National and Community Service Act of
"(c) TERMS.-Each appointed member of the
the activities of the Commission or entity under
1990, as amended by subsection (a). the Corpora-
Board shall serve for a term of 5 years. except
this Act with the activities of other State agen-
tion for National and Community Service may
that. as designated by the President-
cies that administer Federal financial assistance
authorize the chief erecutive officer of the State
"(1) 3 of the members first appointed to the
programs under the Community Services Block
to use an existing agency of the State to perform
Board shall serve for a term of 1 year;
Grant Act (42 U.S.C. 9901 et seq.) or other ap-
"(2) 3 of the members first appointed to the
the duties otherwise reserved to a State Commis-
propriate Federal financial assistance programs.
sion under subsection (e) of such section.
Board shall serve for a term of 2 years.
"(2) COORDINATION WITH VOLUNTEER SERVICE
"(3) 3 of the members first appointed to the
(2) APPLICATION OF SUBSECTION.-This sub
PROGRAMS.-
Board shall serve for a term of 3 years;
section shall apply only during the 27-month pe-
"(A) IN GENERAL-The State Commission or
"(4) 3 of the members first appointed to the
riod beginning on the date of the enactment of
alternative administrative entity for a State
Board shall serve for a term of 4 years: and
this Act.
shall coordinate functions of the Commission or
"(5) 3 of the members first appointed to the
SEC. 101. INTERIM AUTHORITIES OF THE COR-
entity (including recruitment, public awareness.
Board shall serve for a term of 5 years.
PORATION FOR NATIONAL AND COM.
and training activities) with such functions of
"(d) VACANCIES.-II a vacancy occurs on the
MUNITY SERVICE AND ACTION
any division of ACTION. or of the Corporation,
Board, a new member shall be appointed by the
AGENCY.
that carries out volunteer service programs in
President, by and with the advice and consent
(a) NATIONAL AND COMMUNITY SERVICE ACT
the State.
of the Senate, and serve for the remainder of the
OF 1990.-Subtitle G of title I of the National
"(B) AGREEMENT.-In coordinating functions
term for which the predecessor of such member
and Community Service Act of 1990 (42 U.S.C.
under this paragraph, such Commission or en-
was appointed. The vacancy shall not affect the
12651) is amended to read as follows:
city. and such division. may enter into an agree-
power of the remaining members to execute the
"Subtitle G-Cerporation for National and
ment to
duties of the Board.
"(1) carry out such a function jointly:
Community Service
"SEC. 192A. AUTHORITIES AND DUTIES OF THE
"(ii) to assign responsibility for such a func-
"SEC. 191. CORPORATION POR NATIONAL AND
BOARD OF DIRECTORS.
tion to the Commission or entity: or
COMMUNITY SERVICE
"(a) MEETINGS.-The Board shall meet not
"(111) to assign responsibility for such a func-
"There is established a Corporation for Na-
less often than 3 times each year. The Board
tion to the division.
tional and Community Service that shall admin-
shall hold additional meetings at the call of the
"(C) INFORMATION.-The State Commission or
ister the programs established under this Act.
Chairperson of the Board. or if 6 members of the
alternative entity for a State, and the A
of
The Corporation shall he a Government corpora-
Board request such meetings in writing.
August 5, 1993
CONGRESSIONAL RECORDHOUSE
H6207
"(b) QUORUM. majority of the appointed
''(6) receive any report as provided under sub-
"(B) after receiving and reviewing an ap-
members of the Board shall constitute a quorum.
section (0). (c). or (d) of section 8E of the In-
proved proposal under section 192A(g)(2). make
"(c) AUTHORITIES OF OFFICERS.-
spector General Act of 1978:
such grants and allotments. enter into such con-
"(1) CHAIRPERSON-The Chairperson of the
"(7) make recommendations relating to a pro-
tracts. award such other financial assistance,
Board may call and conduct meetings of the
gram of research for the Corporation with re-
make such payments (in lump sum or install-
Board.
spect to national and community service pro-
ments. and in advance or by way of reumburse-
''(2) VICE CHAIRPERSON-The Vice Chair-
grams. including service-learning programs:
ment, and in the case of financial assistance
person of the Board may conduct meetings of
"(8) advise the President and the Congress
otherwise authorized under this Act. with nec-
the Board in the absence of the Chairperson.
concerning developments in national and com-
essary adjustments on account of overpayments
"(d) EXPENSES - While away from their homes
munity service that merit the attention of the
and underpayments). and designate swin post-
or regular places of business on the business of
President and the Congress:
tions as approved national service positions as
the Board. members of such Board shall be al-
''(9) ensure effective dissemination of informa-
are necessary or appropriate to carry out this
lowed travel expenses. including per diem in lieu
tion regarding the programs and initiatives of
Act;
of subsistence. at rules authorized for employees
the Corporation, and
"(3)(A) prepare and submit to the Board a
of agencies under subchapter / of chapter 57 of
(10) prepare and make recommendations to
proposal regarding, the regulations established
title 5. United States Code. for persons employed
the Congress and the President for changes in
under section 195(b)(3)(A), and such other
intermittently in the Government service
this Act resulting from the studies and dem-
standards, policies, procedures, programs. and
"(e) SPECIAL GOVERNMENT EMPLOYEES-For
onstrations the Chief Erecutive Officer is re-
initiatives as are necessary or appropriate to
purposes of the provisions of chapter 11 of part
quired to carry out under section 193A(b)(10).
carry out this Act. and
I of title 18. United States Code. and any other
which recommendations shall be submitted to
"(B) after receiving and reviewing an ap-
provision of Federal law. a member of the Board
the Congress and President not later than Sep-
proved proposal under section 192A(g)(3)
(to whom such provisions would not otherwise
tember 30. 1995.
"(1) establish such standards. policies. and
apply except for this subsection) shall be a spe-
(h) ADMINISTRATION.-The Federal Advisory
procedures as are necessary or appropriate to
cral Government employee.
Committee Act (5 U.S.C. App.) shall not apply
carry out this Act; and
"In STATUS OF MEMBERS.-
with respect to the Board.
(11) establish and administer such programs
"(1) TORT CLAIMS-FOT the purposes of the
"(i) LIMITATION ON PARTICIPATION.-All em-
and initiatives as are necessary or appropriate
tort claims provisions of chapter 171 of title 28,
ployees and officers of the Corporation shall
to carry out this Act;
United States Code, a member of the Board shall
recuse themselves from decisions that would
"(4)(A) prepare and submit to the Board a
be considered to be a Federal employee.
constitute conflicts of interest.
plan for the evaluation of programs established
''(2) OTHER CLAIMS.-A member of the Board
"(j) COORDINATION WITH OTHER FEDERAL AC-
under this Act. in accordance with section 179:
shall have no personal liability under Federal
TIVITIES.-A part of the agenda of meetings of
and
law with respect to any claim arising out of or
the Board under subsection (a). the Board shall
"(B) after receiving an approved proposal
resulting from any act or omission by such per-
review projects and programs conducted or
under section 192A(g)(4)-
son, within the scope of the service of the mem-
funded by the Corporation under the national
"(1) establish measurable performance goals
ber on the Board. in connection with any trans-
service laws to improve the coordination be-
and objectives for such programs, in accordance
action involving the provision of financial as-
tween such projects and programs. and the ac-
with section 179; and
sistance by the Corporation. This paragraph
tivities of other Federal agencies that deal with
"(11) provide for periodic evaluation or such
shall not be construed to limit personal liability
the individuals and communities participating
programs to assess the manner and extent to
for criminal acts or omissions, willful or mali-
in or benefiting from such projects and pro-
which the programs achieve the goals and objec-
clous misconduct. acts or omissions for private
grams. The er officio members of the Board
tives, in accordance with such section;
gain, or any other act or omission outside the
specified in section 192(a)(3) shall jointly plan,
"(5) consult with appropriate Federal agen-
scope of the service of such member on the
implement. and fund activities in connection
cies in administering the programs and initia-
Board.
with projects and programs conducted under the
tives:
''(3) EFFECT ON OTHER LAW-This subsection
national service laws to ensure that Federal ef-
"(6) suspend or terminate payments and Dost-
shall not be construed
forts attempt to address the total needs of par-
tions described in paragraph (2)(B). in accord-
"(A) to affect any other immunities and pro-
ticipants in such programs and projects. their
ance with section 176;
tections that may be available to such member
communities. and the persons and communities
"(7) prepare and submit to the Board an an-
under applicable law with respect to such trans-
the participants serve.
nual report, and such interim reports as may be
actions.
"SEC. 193. CHIEF EXECUTIVE OFFICER
necessary, describing the major actions of the
"(8) to affect any other right or remedy
against the Corporation. against the United
"(a) APPOINTMENT.-The Corporation shall be
Chief Executive Officer with respect to the Der-
States under applicable law. or against any per-
headed by an individual who shall serve as
sonnel of the Corporation. and with respect to
Chief Executive Officer of the Corporation, and
such standards. policies. procedures. programs.
son other than a member of the Board partici-
and initiatives:
pating in such transactions; or
who shall be appointed by the President, by and
"(8) inform the Board of. and provide an CI-
"(C) to limit or alter in any way the immunt-
with the advice and consent of the Senate.
ties that are available under applicable law for
"(b) COMPENSATION-The Chief Erecutive Of-
planation to the Board regarding. any substan-
tial differences regarding the implementation of
Federal officials and employees not described in
ficer shall be compensated at the rate provided
this Act between-
this subsection.
for level III of the Erecutive Schedule under
"(A) the actions of the Chief Executive Offl-
"(g) DUTIES.-The Board shall-
section 5314 of title 5, United States Code.
cer; and
"(1) review and approve the strategic plan de-
"(c) REGULATIONS.-The Chief Erecutive Offi-
"(8)(t) the strategic plan approved by the
scribed in section 193A(b)(1). and annual up-
cer shall prescribe such rules and regulations as
Board under section 192A(g)(1):
dates of the plan:
are necessary or appropriate to carry out this
"(ii) the proposals approved by the Board
"(2) review and approve the proposal de-
Act.
under paragraph (2) or (3) of section 192A(g). or
scribed in section 193A(b)(2)(A). with respect to
"SEC. 193A. AUTHORITIES AND DUTIES OF THE
"(iii) the evaluation plan approved by the
the grants. allotments, contracts, financial as-
CHIEF EXECUTIVE OFFICER
Board under section 192A(g)(4):
sistance. payment. and positions referred to in
"(a) GENERAL POWERS AND DUTIES.-The
"(9) prepare and submit to the appropriate
such section;
Chief Erecutive Officer shall be responsible for
committees of Congress an annual report. and
"(3) review and approve the proposal de-
the exercise of the powers and the discharge of
such interim reports as may be necessary,
scribed in section 193A(b)(3)(A). regarding the
the duties of the Corporation that are not re-
describing-
regulations. standards. policies. procedures. pro-
served to the Board, and shall have authority
"(A) the services referred to in paragraph (1).
grams. and initiatives referred to in such sec-
and control over all personnel of the Corpora-
and the money and property referred to in para-
tion:
tion, except as provided in section BE of the In-
graph (2). of section 196(a) that have been ac-
"(4) review and approve the evaluation plan
spector General Act of 1978.
cepted by the Corporation:
described in section 193A(b)(4)(A):
"(b) DUTIES.-In addition to the duties con-
"(B) the manner in which the Corporation
"(5)(A) review. and advise the Chief Executive
ferred on the Chief Executive Officer under any
used or disposed of such services, money. and
Officer regarding. the actions of the Chief Erec-
other provision of this Act. the Chief Erecutive
property: and
utive Officer with respect to the personnel of the
Officer shall-
"(C) information on the results achieved by
Corporation. and with respect to such stand-
"(1) prepare and submit to the Board a strate-
the programs funded under this Act during the
ards. policies, procedures. programs. and initia-
gic plan every 3 years, and annual updates of
year preceding the year in which the report is
tives as are necessary or appropriate to carry
the plan. for the Corporation with respect to the
prepared;
out this Act; and
major functions and operations of the Corpora-
"(10) provide for studies (including the eval-
"(B) inform the Chief Executive Officer of any
tion;
nations described in subsection (f)) and dem-
aspects of the actions of the Chief Erecutive Of-
"(2)(A) prepare and submit to the Board a
onstrations that evaluate. and prepare and sub-
ficer that are not in compliance with the annual
proposal with respect to such grants and allot-
mit to the Board by June 30. 1995. a report con-
strategic plan referred to in paragraph (1). the
ments. contracts. other financial assistance, and
taining recommendations regarding. issues relat-
proposals referred to in paragraphs (2) and (3).
designation of positions as approved national
ed 10
or the plan referred to ta paragraph (4). or are
service positions, as are necessary or appro-
"(A) the administration and organization of
not consistent with the objectives of this Act.
priate to carry out this Act: and
programs authorized under the national service
16208
CONGRESSIONAL RECORD-HOUSE
August 5, 1993
laws or under Problic Law 91-378 (referred to in
out reimbursement, and, with the consent of
tion of the operation of subtitle C to determine
this subparagraph as service programs)
any State. or political subditision of a State, ac.
the levels of participation of economically as-
including
cept and utilize the services and facilities of the
advantaged individuals in national service pro-
"(1) whether the State and national priorities
agencies of such State or subdivisions without
grams carried out or supported using assistance
designed to meet the unmet human. education.
reimbursement.
provided under section 121.
environmental 07 public safety needs described
"(4) allocate and expend funds made available
'(B) PERIOD COVERED BY EVALUATION -The
in section 122(c)(1) are being addressed by this
under this Act:
evaluation required by this paragraph shall
Act;
(15) disseminate without regard to the provi-
cover the period beginning on the date the Cor-
(11) the manner in which-
sions of section 3204 of title 39, United States
poration list makes a grant under section 12:
"(/) educational and other outcomes of both
Code. data and information. in such form as the
and ending on a date that is us close as is prac-
stipended and nonstipended service and service-
Chief Erecutive Officer shall determine to be ap-
ticable to the date specified in subsection (5)(19).
learning are defined and measured in such serv-
propriate to public agencies, private organiza-
"(C) INCOME LEVELS OF PARTICIPANTS -The
Ice programs and
tions. and the general public.
evaluating entity shall determine the total in-
"(il) such outcomes should be defined and
(16) collect or compromise all obligations to or
come of each participant who serves. during the
measured in such service programs:
held by the Chief Executive Officer and all legal
period covered by the evaluation in a national
(th) wherner stipended service programs. and
or equitable rights accruing to the Chief Execu-
service program carried out or supported using
service programs providing educational benefits
tive Officer in connection with the payment of
assistance provided under section 121 or in an
in return for service. should focus on economi-
obligations in accordance with chapter 37 of
approved national service position. The total 15-
cally disadvantaged individuals or at-risk youth
title 31. United States Code (commonly known
come of the participant shall be determined as of
or whether such programs should include a mLI
as the 'Federal Claims Collection Act of 1966'):
the date the participant was first selected to
of individuals. including individuals from
"(7) file a civil action in any court of record
participate in such a program and shall include
middle- and upper-income families:
of a State having general jurisdiction or in any
family total income unless the evaluating entity
"(iv) the role and importance of stipends and
district court of the United States. with respect
determines that the participant was independ-
educational benefits in achieving desired out-
to a claim arising under this Act;
ent at the time of selection.
comes in the service programs:
"(8) exercise the authorities of the Corpora-
"(D) ASSISTANCE FOR DISTRESSED AREAS-The
"(v) the potential for cost savings and coordi-
tion under section 196;
evaluating entity shall also determine the
nation of support and oversight services from
"(9) consolidate the reports to Congress Te-
amount of assistance provided under section 121
combining functions performed by ACTION
quired under this Act, and the report required
during the period covered by the report that has
State offices and State Commissions;
under section 9106 of title 31. United States
been expended for projects conducted in areas of
"(vi) the implications of the results from such
Code, into a single report, and submit the report
economic distress described in section 133(c)(6).
studies and demonstrations for authorized fund-
to Congress on an annual basis; and
"(E) DEFINITIONS.-As used in this para-
ing levels for the service programs. and
''(10) generally perform such functions and
graph:
"(vii) other issues that the Director determines
take such steps consistent with the objectives
"(I) INDEPENDENT.-The term 'Independent'
to be relevant to the administration and organi-
and provisions of this Act, as the Chief Execu-
has the meaning given the term in section 430(d)
zation of the service programs: and
tive Officer determines to be necessary or appro-
of the Higher Education Act of 1965 (20 U.S.C.
"(B) the number. potential consolidation. and
priate to carry out such provisions.
1087vv(d)).
future organization of national service or do-
"(d) DELEGATION.-
"(11) TOTAL INCOME-The term total income
mestic volunteer service programs that are au-
"(1) DEFINITION.-As used in this subsection.
has the meaning given the term in section 430(a)
thorized under Federal law. including VISTA.
the term 'function' means any duty. obligation.
of the Higher Education Act of 1965 (20 U.S.C.
service corps assisted under subtitle C and other
power, authority. responsibility, right. privilege.
1087uv(a)).
programs authorized by this Act. programs ad-
activity. or program.
"(2) IN GENERAL-Except as otherwise prohib-
"S&C. 194. OFFICERS.
ministered by the Public Health Service, the De-
ited by law or provided in this Act, the Chief
"(a) MANAGING DIRECTORS.-
partment of Defense. or other Federal agencies,
programs regarding teacher corps, and programs
Executive Officer may delegate any function
"(1) IN GENERAL-There shall be in the Cor-
under this Act, and authorize such successive
poration 2 Managing Directors. who shall be ap-
regarding work-study and higher education
loan forgiveness or forbearance programs ou-
redelegations of such function as may be nec-
pointed by the President. by and with the ad-
essary OF appropriate. No delegation of a func-
vice and consent of the Senate. and uno shall
thorized by the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) related to community service:
tion by the Chief Executive Officer under this
report to the Chief Executive Officer.
subsection or under any other provision of this
"(2) COMPENSATION-Tre Managing Direc-
and
"(11) for purposes of section 178(d)(6)(B). issue
Act shall relieve such Chief Executive Officer of
tors shall be compensated at the rate provided
regulations to waive the disqualification of
responsibility for the administration of such
for level IV of the Executive Schedule under sec-
members of the Board and members of the State
function.
tion 5315 of title 5. United States Code.
"(3) FUNCTION OF BOARD-The Chief Erecu-
"(3) DUTIES.-The Corporation shall deter-
Commissions selectively in a random, non-
tive Officer may not delegate a function of the
mine the programs for which the Managing Di-
discretionary manner and only to the extent
Board without the permission of the Board.
rectors shall have primary responsibility and
necessary to establish the quorum involved, in-
"(e) ACTIONS.-In an action described in sub-
shall establish the divisions of the Corporation
cluding rules that forbid each member of the
section (c)(7)-
to be headed by the Managing Directors.
Board and each voting member of a State Com-
"(1) a district court referred to in such sub-
"(b) INSPECTOR GENERAL.-
mission to participate in any discussion or deci-
section shall have furisdiction of such a civil ac-
"(1) OFFICE.-There shall be in the Corpora-
ston regarding the provision of assistance or ap-
tion without regard to the amount in COR-
tion an Office of the Inspector General.
proved national service positions. or the COR-
troversy:
"(2) APPOINTMENT.-The Office shall be head-
cinuation, suspension, or termination of such
"(2) such an action brought or the Chief Er-
ed by an Inspector General, appointed in ac-
assistance or such positions, to any program or
ecutive Officer shall survive notwithstanding
cordance with the Inspector General Act of 1978.
entity of which such member of the Board or
any change in the person occupying the office
"(3) COMPENSATION.-The Inspector General
such member of the State Commission is. or in
of Chief Executive Officer or any vacancy in
shall be compensated at the rate provided for
the 1-year period before the submission of the
that office:
level IV of the Erecutive Schedule under section
application referred to in such section was, an
"(3) no attachment. injunction, garnishment.
5315 of title 5. United States Code.
officer. director, trustee, full-time volunteer. or
or other similar process, mesne or final, shall be
"(c) CHIEF FINANCIAL OFFICER.-
employee.
issued against the Chief Executive Officer or the
"(I) OFFICE.-There shall be in the Corpora-
"(c) POWERS.-In addition to the authority
Board or property under the control of the Chief
tion a Chief Financial Officer, who shall be ap-
conferred on the Chief Erecutive Officer under
Executive Officer or the Board, and
pointed by the President, by and with the ad-
any other provision of this Act. the Chief Execu-
"(4) nothing in this section shall be construed
vice and consent of the Senate.
tive Officer may-
to except litigation arising out of activities
"(2) COMPENSATION.-The Chief Financial Of-
"(1) establish, alter. consolidate, or dis-
under this Act from the application of sections
Acer shall be compensated at the rate provided
continue such organizational units or compo-
509. 517. 547, and 2679 of title 28, United States
for level IV of the Erecutive Schedule under sec-
nents within the Corporation as the Chief Ereo-
Code.
tion 5315 of title 5. United States Code
utive Officer considers necessary or appropriate.
"If) EVALUATIONS.-
"(3) DUTIES.-The Chief Financial Officer
consistent with Federal law. and shall. to the
"(1) EVALUATION OF LIVING ALLOWANCE.-The
shall-
mazumum extent practicable. consolidate such
Corporation shall arrange for an independent
"(A) report directly to the Chief Executive 01-
units or components of the divisions of the Cor-
evaluation to determine the levels of living al-
ficer regarding financial management matters;
poration described in section 194(a)(3) as may be
lowances paid in all programs under subtitles C
"(B) oversee all financial management activi-
appropriate to enable the two divisions to co-
and I, individually, by State, and by region:
ties relating to the programs and operations of
ordinate common support functions:
Such evaluation shall determine the effects that
the Corporation:
''(2) with the approval of the President. ar-
such living allowances have had on the ability
"(C) develop and maintain an integrated ac-
range with and remburse the heads of other
of individuals to participate in such programs.
counting and financial management system for
Federal agencies for the performance of any of
"(2) EVALUATION OF SUCCESS OF INVESTMENT
the Corporation, including financial reporting
the provisions of this Act:
IN NATIONAL SERVICE-
and internal controls:
"(3) with their consent. utilize the services
"(A) EVALUATION REQUIRED.-The Corpora-
"(D) develop and maintain any join: financial
and factlities of Federal agencies with or with-
Non shall arrange for the independent evalua-
management systems with the Department of
August 5, 1993
CONGRESSIONAL RECORD-HOUSE
H6209
Education necessary to carry out the programs
non of employees in accordance with the selec-
Corporation to advise the Board with respect to
of the Corporation and
tion and compensation system established under
national service issues. such JS the type of pro-
(E) direct, manage. and provide policy guid-
subparagraph (A).
grams to be established or assisted under the na-
ance and oversight 01 the financial management
WC) SELECTION-The system established
tional service laws. priorities and criteria for
personnel, activities. and operations of the Cor-
under subwaragraph (.4) shall provide for the se-
such programs. and methods of conducting out-
poration.
lection of employees
reach for and evaluation 01. such programs.
(id) ASSISTANT DIRECTORS POR. VISTA AND
"(1) through a competitive process. and
(2) COMPOSITION-Such in advisory commit-
NATIONAL SENIOR VOLUNTEER CORPS.-
"(1:) on ihe basis or the qualifications of ap-
TO APPOINTMENT-OM of the Managing D1-
:ee shall be composed of members appointed by
plicants and the requirements of the positions
the Chie! Executive Office u:t ruch qualifica-
rectors appointed under subsection (a) shuli in
(D) COMPENSATION-The system established
accordance unin applicable provisions of nue 5.
tions as the Chief Executive Differ may specify.
under subparagraph (4) shall include a scheme
United Sustes Code appoint , Assistant Direc.
(13) EXPENSES.-Membes C: such in advisory
for the classification of positions in the Cor-
committee may be allowed travel expenses JJ de-
tors who shall report directly to such Managing
poration. The system shall require that the com-
scribed in section 192A(d).
Director of
pensation of an employee be determined in part
"(.4) I Assistant Director shall be responsible
114) STAFF -
on the basis of the 100 performance of the em-
(or programs carried out under parts A and B of
"(A) IN GENERAL.EICET: is provided 15 sub-
playee. and in a manner consistent with the
title 1 of the Domestic Volunteer Service Act of
paragraph (B), the Chief Executive Officer is
principles described in section 5301 of title 5,
1973 (the Volunteers in Service to America
authorized to appoint and "I the compensation
United States Code. The rate of compensation
(VISTA) program) and other antipoverty pro-
of such staff as the Chief Executive Officer de-
for each employee compensated under the sys-
grams under title ! of that Act:
termines to be necessary to carry out the func-
tem shall not exceed the annual rate of basic
"(B) 1 Assistant Director shall be responsible
tions of the advisory committee. without regard
for programs carried out under part A of title 11
pay payable for level IV of the Executive Sched-
to
of that Act (relating to the Retired Senior Vol-
ule under section 5315 of title 5, United States
"(1) the provisions of title 5. United States
Code.
unteer Program):
Code, governing appointments in the competitive
"(C) 1 Assistant Director shall be responsible
"(c) CORPORATION REPRESENTATIVE IN EACH
service; and
STATE.-
for programs carried out under part B of title 11
"(H) the provisions of chapter 51 and sub-
"(1) DESIGNATION OF REPRESENTATIVE.-The
of that Act (relating to the Foster Grandparent
chapter III of chapter 53 of such title relating to
Program): and
Corporation shall designate I employee of the
classification and General Schedule pay rates.
"(D) I Assistant Director shall be responsible
Corporation for each State or group of States to
"(B) COMPENSATION.-I a member of the staff
for programs carried out under part c of title II
serve as the representative of the Corporation in
appointed under subparagraph (A) was ap-
of that Act (relating to the Senior Companion
the State or States and to assist the Corporation
pointed without regard to the provisions de-
Program).
in carrying out the activities described in this
scribed in clauses (1) and (ii) of subparagraph
"(2) EFFECTIVE DATE FOR EXERCISE OF AL'-
Act in the State or States.
(A), the rate of compensation for such member
THORITY.-Each Assistant Director appointed
"(2) DUTIES-The representative designated
may not exceed the marimum ate of basic pay
pursuant to paragraph (1) may exercise the au-
under this subsection for a State or group of
payable for GS-13 of the General Schedule
thority assigned to each such Director only after
States shall serve as the liaison between-
under section 5332 of title 5. United States Code.
the effective date of section 203(c)(2) of the Na-
"(A) the Corporation and the State Commis-
sion that is established in the State or States:
"SEC. 196. ADMINISTRATION.
tional and Community Service Trust Act of 1993.
"(B) the Corporation and any subdivision of a
"(a) DONATIONS.-
"SEC. 196. EMPLOYEES, CONSULTANTS, AND
OTHER PERSONNEL
State, Indian tribe, public or private nonproft
"(1) SERVICES.-
"(a) EMPLOYEES-Ercept as provided in sub-
organization. or institution of higher education.
"(A) VOLUNTEERS.-Notmthstanding section
section (b). section 194(d). and section 8E of the
tx the State or States. that is awarded a grant
1342 of title 31. United States Code, the Corpora-
Inspector General Act of 1978. the Chief Erecu-
under section 121 directly from the Corporation;
tion may solicit and accept the voluntary serv-
tive Officer shall, in accordance with applicable
and
ices of individuals to assist the Corporation in
provisions of title 5. United States Code, appoint
"(C) after the effective date of section
carrying out the duties of the Corporation under
and determine the compensation of such em-
203(c)(2) of the National and Community Service
this Act, and may provide to such individuals
playees as the Chief Erecutive Officer deter-
Trust Act of 1993. the State Commission and the
the travel expenses described in section 192A(d).
mines to be necessary to carry out the duties of
Corporation employee responsible for programs
"(B) LIMITATION.-Such a volunteer shall not
the Corporation.
under the Domestic Volunteer Service Act of
be considered to be a Federal employee and shall
"(b) ALTERNATIVE PERSONNEL SYSTEM.-
1973 in the State. If the employee is not the Tep-
not be subject to the provisions of law relating
"(1) AUTHORITY.-The Chief Erecutive Officer
resentative described in paragraph (1) for the
to Federal employment, including those relating
may designate positions in the Corporation as
State.
to hours of work, rates of compensation. leave,
positions to which the Chief Erecutive Officer
"(3) MEMBER OF STATE COMMISSION.-The rep-
unemployment compensation, and Federal em-
may make appointments, and for which the
resentative designated under this subsection for
ployee benefits. arcept that-
Chief Executive Officer may determine com-
a State or group of States shall also serve as a
"(i) for the purposes of the tort claims provi-
pensation, without regard to the provisions of
member of the State Commission established in
stone of chapter 171 of title 28, United States
title 5. United States Code, governing appoint-
the State or States, as described in section
Code, a volunteer under this subtitle shall be
ments in the competitive service. and without re-
178(c)(3).
considered to be a Federal employee;
gard to the provisions of chapter 51 and sub-
"(i) COMPENSATION.-1/ the employee des-
"(ii) for the purposes of subchapter I of c
chapter III of chapter 53 of such title relating to
ignated under paragraph (1) is an employee
ter 81 of title 5, United States Code, relating to
classification and General Schedule pay rates,
whose appointment was made pursuant to sec-
compensation to Federal employees for work in-
to the extent the Chief Executive Officer deter-
tion 195(b), the rate of compensation for such
juries. volunteers under this subtitle shall be
mines that such a designation is appropriate
employee they not exceed the maximum rate of
considered to be employees, as defined in section
and desirable to further the effective operation
basic pay payable for 03-13 of the General
8101(1)(B) of title 5. United States Code. and the
of the Corporation. The Chief Erecutive Officer
Schedule under section 5332 of title 5, United
provisions of such subchapter shall apply: and
may provide for appointments to such positions
States Code.
"(id) for purposes of the provisions of chapter
to be made on a limited term basis.
"(d) CONSULTANTS-The Chief Erecutive Of-
11 of part I of title 18, United States Code, ruck
''(2) APPOINTMENT IN THE COMPETITIVE SERV-
floer may procure the temporary and intermit-
a volunteer (to whom such provisions would not
ICE AFTER EMPLOYMENT UNDER ALTERNATIVE
tent services of experts and consultants and
otherwise apply except for this subsection) shall
PERSONNEL SYSTEM.-The Director of the Office.
compensate the experts and consultants in ac-
be a special Government employee.
of Personnel Management may grant compett-
cordance with section 3109(b) of title 5. United
"(C) INHERENTLY GOVERNMENTAL FUNCTION-
tive status for appointment to the competitive
States Code.
"(I) IN GENERAL-Such a polunteer shall not
service, under such conditions as the Director
"(e) DETAILS OF PERSONNEL-The head of
carry out an inherently governmental function.
may prescribe. to an employee who is appointed
any Federal department or agency may detail
"(d) REGULATIONS.-The Chief Srecutive Offi-
under this subsection and who is separated from
on a reimbursable basis, or on a
cer shall promulgate regulations to carry out
the Corporation (other than by removal for
nonretmbursable basis for not to exceed 180 cal-
this subparagraph.
cause).
endar days during any fiscal year, as agreed
"(Hi) INHERENTLY GOVERNMENTAL FUNCTION.-
"(3) SELECTION AND COMPENSATION SYSTEM-
upon by the Chief Executive Officer and the
As used in this subparagraph, the term mher-
"(A) ESTABLISHMENT OF SYSTEM-The Chief
head of the Federal agency. any of the person-
ently governmental function' means any activ-
Executive Officer, after obtaining the approval
nel of that department or agency to the Cor-
ity that is so intimately related to the public in-
of the Director of the Office of Personnel Man-
poration to assist the Corporation in carrying
terest as to mandate performance by on officer
agement. shall issue regulations establishing a
out the duties of the Corporation under this Act.
or employee of the Federal Government. includ-
selection and compensation system for employ-
Any detail shall not interrupt or otherwise of-
ing an activity that requires either the exercise
ees of the Corporation appointed under para-
fect the civil service status or privileges of the
of discretion in applying the authority of the
graph (1). in issuing such regulations. the Chief
Federal employee.
Government or the use of value judgment in
Erecutive Officer shall take into consideration
"(n ADVISORY COMMITTEES.-
making a decision for the Government.
the need for flexibility in such a system.
"(1) ESTABLISHMENT.-TRe Chief Executive
"(2) PROPERTY.-
"(B) APPLICATION.-The Chief Executive Offi-
Officer, acting upon the recommendation of the
"(A) IN GENERAL-The Corporation may so-
cer shall appoint and determine the compensa-
Board, may establish advisory committees in the
licit, accept. hold. administer, use, and dispose
H6210
CONGRESSIONAL RECORD-HOUSE
August 5, 1993
of. in furtherance of the purposes of this Act.
(b) DOMESTIC VOLUNTEER SERVICE ACT OF
tional and Community Service Act of 1990 for
donations of any money or property. real. per.
1973.-Section 401 of the Domestic Volunteer
such activities
sonal. or mired. langible or intangible received
Service Act of 1973 (42 U.S.C. 5041) is amended
(C) In fizing the sale 09 lease value of 5-ch
by gift. devise. bequest. or otherwise. Donations
by inserting after the second sentence the fol-
property. the Chief Executive Officer of the Cor-
accepted under this subparagraph shall be used
lowing "The Director shall report directly to
poration for National and Community Service
as nearly as possible in accordance with the
the Chief Erecutive Officer of the Corporation
snall comply with the requirements of para-
terms. If any of such donation.
for National and Community Service."
graph (inC).
"(B) STATUS CF CONTRIBUTION-ATy donn-
(c) TRANSFER OF FUNCTIONS OF COMMISSION
(2) INSPECTOR GENERAL -
tion accepted under subparagraph (A) shall be
ON NATIONAL AND COMMUNITY SERVICE.-
(:) SPECIAL PROVISIONS IN INSPECTOR GENERAL
considered to be a gift. devise. 07 beques: 10. OF
(i) DEFINITIONS.-FOT purposes of this 515-
ACT OF 1978.-The Inspector General Act of 1978
for the use of. the United States.
section. unless otherwise provided or indicated
15 C. App.) is amended by redesignating sec-
"(C) RULES-The Chief Executive Officer
by the contert. each term specified in section
tions 85 and 8F CS sections 8F and 3G. respec-
shail establish written rules to ensure that the
203(c)(1) shall have the meaning given the term
tively. and inserting after section 3D the follow-
solicitation acceptance. holding. administra-
in such section.
ing new section
non. and use o! property described in subpara-
(2) TRANSFER OF FUNCTIONS.-There are trans-
SPECIAL PROVISIONS CONCERNING THE CORPORA.
graph (A)
ferred to the Corporation the functions that the
(11) will not reflect unfavorably upon the atil-
TION FOR NATIONAL AND COMMUNITY SERVICE
Board of Directors or Executive Director of the
ity of the Corporation. OF of any officer or em-
"SEC. 3E. (a) Notwithstanding the provisions
Commission on National and Community Service
ployee of the Corporation, to carry out the Te-
of paragraphs (7) and (8) of section 6(a). if is
exercised before the effective date of this sub-
sponsibilities or official duties of the Corpora-
within the exclusive jurisdiction of the Inspector
section (including all related functions of any
tion in a fair and objective manner, and
General or the Corporation for National and
officer or employee of the Commission).
"(1) will not compromise the integrity of the
Community Service 10-
(3) APPLICATION.-The provisions of para-
programs of the Corporation or any official or
graphs (3) through (10) of section 203(c) shall
"(1) appoint and determine the compensation
employee of the Corporation involved in such
apply with respect to the transfer described in
of rich officers and employees in accordance
programs.
with section 195(b) of the National and Commu-
"(D) DISPOSITION.-Upon completion of the
paragraph (2). except that
(A) for purposes of such application. ref-
nity Service Trust Act of 1993. and
use by the Corporation of any property accepted
pursuant to subparagraph (A) (other than
erences to the term "ACTION Agency" shall be
(2) procure the temporary and intermittent
deemed to be references to the Commission on
services of and compensate such experts and
money or monetary proceeds from sales of prop-
National and Community Service: and
consultants. in accordance with section 3109(b)
erty so accepted). such completion shall be re-
(B) paragraph (10) of such section shall not
of title 5. United States Code.
ported to the General Services Administration
preclude the transfer of the members of the
as may be necessary to carry out the functions.
and such property shall be disposed of in ac-
Board of Directors of the Commission to the Cor-
powers and duties of the Inspector General.
cordance with title 11 of the Federal Property
and Administrative Services Act of 1949 (40
poration if. on the effective date of this sub-
"(b) No later than the date on which the
U.S.C. 481 et seq.).
section, the Board of Directors of the Corpora-
Chief Executive Officer of :he Corporation CT
non has not been confirmed.
National and Community Service transmits any
"(3) VOLUNTEER used in this subsection.
the term 'volunteer' does no: include a partici-
(d) CONTINUING PERFORMANCE OF CERTAIN
report to the Congress under subsection (a) If
FUNCTIONS.-The individuals who, on the day
(b) of section 5. the Chief Executive Officer shill
pant.
(b) CONTRACTS:-Sublect to the Federal
before the date of enactment of this Act, are per-
transmit such report to the Board of Directors if
Property and Administrative Services Act of
forming any of the functions required by section
such Corporation.
1949. the Corporation may enter into contracts.
190 of the National and Community Service Act
"(c) No later than the date on which the Chief
and cooperative and interagency agreements.
of 1990 (42 U.S.C. 12651). as in effect on such
Executive Officer of the Corporation for No-
with Federal and State agencies. private firms.
date, to be performed by the members of the
tional and Community Service transmits a re.
institutions. and individuals to conduct activi-
Board of Directors of the Commission on Na-
port described under section 5(b) to the Board of
ties necessary to assist the Corporation in carry-
tional and Community Service may. subject to
Directors as provided under subsection (5) of
ing out the duties of the Corporation under this
section 193A of the National and Community
this section. the Chief Executive Officer shall
Act.
Service Act of 1990, as added by subsection (a)
also transmit any audit report which L3 de-
"(C) OFFICE OF MANAGEMENT AND BUDGET-
of this section, continue to perform such func-
scribed in the statement required under section
Appropriate circulars 09 the Office of Manage-
tions until the date on which the Board of Di-
5(b)(4) to the Board of Directors. All such audit
ment and Budget shall apply to the Corpora-
rectors of the Corporation for National and
reports shall be placed on the agenda for review
tion.
Community Service conducts the first meeting of
at the nert scheduled meeting of the Board of
"S&C. 1964. CORPORATION STATE OFFICES
the Board. The service of such individuals as
Directors following such transmittal The Chief
''(a) IN GENERAL.-The Chief Executive Offi.
members of the Board of Directors of such Com-
Erecutive Officer of the Corporation shall be
cer shall establish and maintain a decentralized
mission, and the employment of such individuals
present a: such meeting to provide any informa-
field structure that provides for an office of the
as special Government employees, shall termi-
tion relating to such audit reports.
Corporation for each State. The office for a
note on ruch date.
"(d) No later than the date on which the In-
State shall be located in. or in reasonable prox-
(e) GOVERNMENT CORPORATION CONTROL.-
spector General of the Corporation for National
truty to. such State. Only one such office may
(1) WHOLLY OWNED GOVERNMENT CORPORA-
and Community Service reports a problem.
carry out the duties described in subsection (b)
TION.-Section 9101(3) of title 31. United States
abuse. or definency under section Sid) to the
with respect to a State at any particular time.
Code, is amended by inserting after subpara-
Chief Executive Officer of the Corporation. the
Such State office may be directed by the TEP-
graph (D) the following:
Chief Executive Officer snall report such prob-
resentative designated under section 195(c).
"(E) the Corporation for National and Com-
lem. abuse. or deficiency to the Board of Direc-
"(b) DUTIES.Each State office established
munity-Service.".
tors.
pursuant to subsection (a) shall-
(2) AUDITS.-Section 9105(a)(1) of title 31.
(2) TERMINATION OF STATUS AS DESIGNATED
'(1) provide to the State Commissions estab-
United States Code. is amended by inserting ".
FEDERAL ENTITY.-
lished under section 178 technical and other as-
or under other Federal law," before "or by an
(A) IN GENERAL.-Section 8F(a)(2) of the In-
sistance for the development and implementa-
independent".
spector General Act of 1978 (5 U.S.C. App.) is
tion of national service plans under section
S DISPOSAL OF PROPERTY-Section 203(k) of
redesignated by paragraph (1) of this sub-
178(e)(1);
the Federal Property and Administrative Serv-
section, 15 amended by striking out "ACTION,".
"(2) provide to community-based agencies and
ices Act of 1949 (40 U.S.C. 484(k)) is amended by
(B) EFFECTIVE DATE.-This paragraph shall
other entities within the State technical assist-
adding at the end the following:
take effect on the ejfective date of section
ance for the preparation of applications for as-
"(5)(A) Under such regulations as the Admin-
203(c)(2).
sistance under the national service laws, utiliz-
istrator may prescribe, the Administrator is au-
(3) TRANSFER.-
ing. as appropriate. information and materials
thorized. in the discretion of the Administrator.
(A) IN GENERAL-Section 3(a)(1) of the In-
provided by the clearinghouses established our-
to assign to the Chief Executive Officer of the
spector General Act of 1978 15 U.S.C. ADD.) is
suant to section 198A:
Corporation for National and Community Serv-
amended-
(3) provide to the State Commission and
ice for disposal such surplus property as is rec-
(1) in subparagraph (T). by striking out "and"
other entities within the State support and tech-
ommended by the Chief Erecutive Officer as
at the end thereof: and
nical assistance necessary to assure the erist-
being needed for national service activities.
(11) by adding at the end thereof the following
ence of on effective system of recruitment. place-
"(B) Subject to the disapproval of the Admin-
new subparagraph:
ment. and training of volunteers within the
istrator. within 30 days after notice to the Ad-
"(V) of the Corporation for National and
State:
ministrator by the Chief Erecutive Officer of the
Community Service. the Office of Inspector Gen-
(4) monitor and evaluate the performance of
Corporation for National and Community Serv-
eral of ACTION. and".
all programs and projects within the State that
ice of a proposed transfer of property for such
(B) EFFECTIVE DATE-This paragraph shall
receive assistance under the national service
activities, the Chie! Executive Officer. through
take effect on the effective date of section
laus: and
such officers or employees of the Corporation as
203(c)(2).
(5) perform such other duties and functions
the Chief Erecutive Officer may designate. may
(4) HEAD OF ESTABLISHMENT AND ESTABLISH-
as may be assigned or delegated or the Chief
sell. lease. or donate such property to any entity
MENT.Section 11 of the Inspector General Act
Erecutive Officer."
that receives financial assistance under the Na-
of 1978 (5 U.S.C. App.) is amended-
August 5, 1993
CONGRESSIONAL RECORD-HOUSE
H6211
(A) in paragraph (1) by inserting ", the Chief
term appears and inserting the national service
Director of the ACTION Agency exercised before
Executive Officer of the Corporation for Na-
laws"
the effective date of this subsection (including
nonal and Community Service;" after Thrist
(2) GRAVTS.-Section 192A(g) of the National
all related functions of any officer or employee
Depositor Protection Oversight Board": and
and Community Service Act of 1990 (as added by
of the ACTION Agency).
(B) in paragraph (2) or inserting ", the Cor-
section 202 of this Act) is amended-
(3) DETERMINATIONS OF CERTAIN FUNCTIONS BY
poration for National and Community Service."
(A) by striking "and" at the end of paragraph
THE OFFICE OF MANAGEMENT AND BUDGET
after "United States Information Agency"
(9):
necessary, the Office of Management and Budg-
(5) TECHNICAL AND CONFORMING AMENDMENTS
(B) by redesignating paragraph (10) as para-
et shall make any determination of the func-
TO THE INSPECTOR GÉNERAL ACT OF 1978-The
graph (11). and
nons that are transferred under paragraph (2).
inspector General Act of 1978 (5 U.S.C. ADD.) 13
(C) by inserting after paragraph (9) the fol-
(4) REORGANIZATION - Chief Executive
louing.
amended
Officer is authorized to allocate or reallocate
(10) noticithstanding ary other provision of
(A) in section 1(b)(2)-
any function transferred under paragraph (2)
(:) 0; striking out "section 8E(a)(2). and any"
law. make grants to or contracts with Federal or
among the officers of the Corporation.
and inserting in lieu thereof "section 8F(a)(2).
other public departments or agencies and pri-
(5) TRANSFER AND ALLOCATIONS OF APPRO-
vate nonprofit organizations for the assignment
PRIATIONS AND PERSONNEL.- as otherwise
and any
or referral of volunteers under the provisions of
(tt) by striking out "section 8E(a)(1)" and In-
provided in this subsection. the personnel em-
the Domestic Volunteer Service Act of 1973 (ei-
serting in heu thereof "section 8F(a)(1)". and
ployed in connection with, and the assets. 11-
(iii) by striking out "section 8E(a)(2).' and in-
cept as provided in section 108 of the Domestic
abilities. contracts, property. records. and unex-
setting in here thereof "section 8F(a)(2). and
Volunteer Service Act of 1973). which may pro-
pended balances of appropriations. authoriza-
(B) in section 8G (as redesignated by para-
uide that the agency or organization shall pay
tions. allocations. and other funds employed.
all or a part of the costs of the program. and".
used. held. arising from, available to. or to be
graph (1) of this subsection)-
(3) RECRUITMENT AND PUBLIC AWARENESS
(1) by striking out ''or 8D" and inserting in
made available in connection with the functions
FUNCTIONS.-Section 193A of the National and
transferred by this subsection. subject to section
her thereof "8D, or 8E"; and
Community Service Act of 1993 (as added by sec-
1531 of title 31. United States Code. shall be
(ii) by striking out "section 8E(a)" and insert-
non 202 of this Act) is amended by adding at the
ing in lieu thereof "section 8F(a)".
transferred to the Corporation. Unerpended
end the following:
(6) POSTAL SERVICE TECHNICAL AND CONFORM-
funds transferred pursuant to this paragraph
"(g) RECRUITMENT AND PUBLIC AWARENESS
ING AMENDMENTS.-Section 410(b) of title 39.
shall be used only for the purposes for which
FUNCTIONS-
United States Code. is amended-
the funds were originally authorized and appro-
"(1) EPPORT-The Chief Executive Officer
priated.
(A) in paracraph (8) by striking out "and"
shall ensure that the Corporation, in carrying
(6) INCIDENTAL TRANSFER.-The Director of
after the semicolon;
out the recruiting and public awareness func-
the Office of Management and Budget. at such
(B) in the first paragraph (9) by striking out
tions of the Corporation, shall expend at least
time or times as the Director shall provide. 13 au-
the period and inserting in Her thereof a semi-
the level of effort on recruitment and public
thorized to make such determinations as may be
colon and "and". and
awareness activities related to the programs car-
necessary with regard to the functions trans-
(C) by striking out the second paragraph (9)
ried out under the Domestic Volunteer Service
ferred by this subsection, and to make such ad-
and inserting in lieu thereof the following:
Act of 1973 (42 U.S.C. 4950 et seq.) as ACTION
ditional incidental dispositions of personnel, as-
(10) the provisions of section 8F of the In-
expended on recruitment and public awareness
sets. liabilities. grants, contracts. property.
spector General Act of 1978.''.
activities related to programs under the Domes-
records, and unerpended balances of appropria-
(h) TABLE OF CONTENTS.-Section 1(b) of the
tic Volunteer Service Act of 1973 during fiscal
tions, authorizations, allocations. and other
National and Community Service Act of 1990
year 1993.
funds held, used. arising from. available to. or
(Public Law 101-610; 104 Stat. 3127) is amended
"(2) PERSONNEL.-The Chief Executive Officer
to be made available in connection with such
by striking the items relating to subtitle G of
shall assign or hire. as necessary, such addi-
functions. as may be necessary to carry out the
title I of such Act and inserting the following:
tional national. regional. and State personnel to
provisions of this subsection. The Director of the
"Subtitle G-Corporation for National and
carry out such recruiting and public awareness
Office of Management and Budget shall provide
Community Service
functions as may be necessary to ensure that
for the termination of the affairs of all entities
"Sec. 191. Corporation for National and Com-
such functions are carried out in a timely and
terminated by this subsection and for such fur-
munity Service.
effective manner. The Chief Executive Officer
ther measures and dispositions as may be nec-
"Sec. 192. Board of Directors.
shall give priority in the hiring of such addi-
essary to effectuate the purposes of this sub-
"Sec. 192A. Authorities and duties of the Board
tional personnel to individuals who have for-
section.
of Directors.
merly served as volunteers in the programs car-
(7) EFFECT ON PERSONNEL.-
"Sec. 193. Chief Executive Officer.
ned out under the Domestic Volunteer Service
(A) IN GENERAL-EICEP as otherwise pro-
"Sec. 193A. Authorities and duties of the Chief
Act of 1973 or similar programs. and to individ-
vided by this subsection. the transfer pursuant
Executive Officer.
uals who have specialized experience in the re-
to this subsection of full-time personnel (except
"Sec. 194. Officers.
cruitment of volunteers.
special Government employees) and part-time
"Sec. 195. Employees. consultants. and other
"(3) FUNDS.-For the first fiscal year after the
personnel holding permanent positions shall be
personnel.
effective date of this subsection, and for each
to positions in the Corporation subject to section
"Sec. 196. Administration.
fiscal year thereafter, for the purpose of carry-
195(a) of the National and Community Service
Ing out such recruiting and public awareness
Act of 1990. as added by section 202(a) of this
"Sec. 196A. Corporation State offices."
(1) EFFECTIVE DATES.-
functions. the Chief Executive Officer shall obli-
Act, and shall not cause any such employee to
gate not less than 1.5 percent of the amounts
be separated or reduced in grade OF compensa-
(1) IN GENERAL.Except as provided in para-
appropriated for the fiscal year under section
tion, or to have the benefits of the employee re-
graph (2). or paragraph (2) or (3) of subsection
(g). the amendments made by this section shall
501(a) of-the Domestic Volunteer Service Act of
duced, for 1 year after the date of transfer of
take effect on October 1. 1993.
1973.".
such employee under this subsection. and such
(b) AUTHORITIES OF ACTION AGENCY.-Sec-
transfer shall be deemed to be a transfer of
(2) ESTABLISHMENT AND APPOINTMENT AU-
tions 401 and 402 of the Domestic Volunteer
functions for purposes of section 3503 of title 5.
THORITIES.-Sections 191. 192. and 193 of the Na-
Service Act of 1973 (42 U.S.C. 5041 and 5042) are
United States Code.
cional and Community Service Act of 1990. as
added by subsection (a), shall take effect on the
repealed.
(B) EXECUTIVE SCHEDULE POSITIONS - Ezept
as otherwise provided in this subsection. any
date of ench tment of this Act.
(c) TRANSFER OF FUNCTIONS FROM ACTION
AGENCY.-
person who. on the day preceding the effective
SEC. 203. FINAL AUTHORITIES OF THE CORPORA.
TION FOR NATIONAL AND COMMU-
(1) DEPINITIONS.-FOT purposes of this sub-
date of this subsection, held a position com-
NITY SERVICE
section, unless otherwise provided or indicated
pensated in accordance with the Erecutive
by the contest-
Schedule prescribed in chapter 53 of title 5,
(a) NATIONAL AND COMMUNITY SERVICE ACT
(A) the term "Chiel Erecutive Officer" means
United States Code, and who. without a break
OF 1990.-
the Chief Executive Officer of the Corporation;
in service, is appointed in the Corporation to a
(1) APPLICATION-
(B) the term "Corporation" means the Cor-
position having duties comparable to the duties
(A) EVALUATION-Subsections (a). (d). and (e)
poration for National and Community Service,
performed immediately preceding such appoint-
of section 179 of the National and Community
established under section 191 of the National
ment shall continue to be compensated in such
Service Act of 1990 (42 U.S.C. 12639) are amend-
and Community Service Act of 1990:
new position at not less than the rate provided
ed by striking "this title" and inserting "the
(C) the term "Federal agency" has the mean-
for such previous position, for the duration of
national service laws".
ing given to the term "agency" by section 551(1)
the service of such person in such new position.
(B) CORPORATION-Subttle / of the National
of title 5. United States Code:
(C) TERMINATION OF CERTAIN POSITIONS.-Po-
and Community Service Act of 1990 (as amended
(D) the term "function" means any duty. obli-
sitions whose incumbents are appointed by the
by section 202 of this Act) is amended in section
gation, power, authority. responsibility. right.
President. by and with the advice and consent
191. paracraphs (5) and (10) of section 192A(g).
privilege. activity. or program: and
of the Senate, the functions of which are trans-
section 193(c). subsections (b) (ather than para-
(E) the term "office" includes any office. ad-
ferred by this subsection: shail terminate on the
graph (10)). (c) (other than paragraph (7)). and
ministration, agency. institute, unit. organiza-
effective date 01 this subsection.
(d) of section 193A. subsections (c) and (e) of
tional entity. or component thereof.
(8) SAVINGS PROVISIONS.-
section 195, and subsections (a) and (b) of sec-
(2) TRANSFER OF FUNCTIONS.-There are trans-
(A) CONTINUING EFFECT OF LEGAL DOCU.
tion 196. by striking "this Act" each place the
ferred to the Corporation the functions that the
MENTS.-All orders. determinations. rules. regu-
H6212
CONGRESSIONAL RECORD-HOUSE
August 5, 1993
lations, permits. agreements, grants, contracts.
(A) 18 months after the date of enactment of
detailed or assigned to the Corporation and 10.
certificates, licenses. registrations. primieges,
this Act: or
scribe the hiring activity of the Corporation
and other administrative actions-
(B) on such earther date as the President shall
during the transition period.
(1) that have been issued, made. granted. or
determine to be appropriate and announce or
(C) STRUCTURE.-The business plan shall in.
allowed to become effective by the President.
proclamation published tn the Pederal Register
ctude a description of the organizational struc-
any Federal agency or official thereof. or by a
(2) TRANSITTON-Subsection (CM10) shall take
ture of the Corporation during the transition pe-
court of competent purisdiction. in the perform-
effect on the date of enactment of this ACL
nod.
once of functions that are transferred under
SEC. 204. BUSINESS PLAN.
(D) STAFFING-The bustness plan shall in-
this subsection; and
(a) BUSINESS PLAN REQUIRED.-
clude a description 01-
(11) that are in effect at the time this sub-
(1) IN GENERAL-The Corporation for Na-
(1) measures to ensure adequate staffing du-
section takes effect. or were final before the ef-
tional and Community Service (referred to in
ing the transition period urin respect to I')-
fective date of this subsection and are to become
this section as the "Corporation") shall prepare
grams carried out by the Corporation after Oc.
effective on or after the effective date of this
and submit LO Congress a business plan. The
tober 1. 1993: and
subsection.
Corporation may not provide assistance under
(H) the responsibilities and authorities of the
shall continue in effect according to their terms
section 121 of the National and Community
Managing Directors and other key personnel of
until modified. terminated. ruperseded. set
Service Act of 1990 before the twentieth day of
the Corporation.
aside. or revoked in accordance with law by the
continuous reasion of Congress after the date on
(E) SENIOR EXECUTIVE SERVICE -The business
President. the Chief Erecutive Officer. or other
which the Corporation submits the business
plan shall include-
authorized official. a court of competent turts-
plan to Congress.
(1) an explanation of the number of the em-
diction. or or operation of law.
(2) COMPUTATION.-For purposes of the com-
ployees of the Corporation who will be paid at
(B) PROCEEDINGS NOT AFFECTED.-The provi-
pulation of the 20-day period referred to in
or above the rate of pay for level I of the Senior
stons of this subsection shall not affect any pro-
paragraph (1). continuity of a session of the
Executive Service Schedule under section 5382 of
ceedings. including notices of proposed rule-
Congress shall be considered to be broken only
title 5. United States Code: and
making. or any application for any license. per-
by-
(H) information fustifying such pay for such
mit. certificate. or financial assistance pending
(A) an adjournment of the Congress stre die.
employees.
before the ACTION Agency as the time this sub-
and
(6) DUPLICATION OF FUNCTIONS The business
section takes effect. with respect to functions
(B) the days on which either House is not in
plan shall include a description of the measures
transferred by this subsection. Such proceedings
session because of OR adjustment of more than
that the Corporation is taking or will take to
and applications shall be continued Orders
J days to « date certain.
minimize duplication of functions tn the Cor-
shall be issued in such proceedings, appeals
(b) REQUIRED ELEMENTS OF BUSINESS PLAN.-
poration caused by the transfer of the functions
shall be taken therefrom, and payments shall be
(1) ALLOCATION OF PUNDS-The business plan
of the Commission on National and Community
made pursuant to such orders. as V this sub-
shall contain-
Service. and the transfer of the functions of AC-
section had not been enacted, and orders issued
(A) a description of the monner in which the
TION. to the Corporation. This description shall
in any such proceedings shall continue in effect
Corporation will allocate funds for programs
address functions at both the national and State
until modified, terminated, superseded, or re-
carried out by the Corporation after October 1.
levels.
voked by a duiy authorized official. by a court
1993;
(c) DEFINITION.-The term "transition period"
of competent jurisdiction, or by operation of
(B) information on the principal offices and
means the period beginning on October 1. 1993
lane. Nothing in this rubporagraph shall be
officers of the Corporation that will allocate
and ending on the day before the effective date
deemed to prohibit the discontinuance 07 modi-
such funds; and
of section 203(c)(2).
floation of any such preceeding under the same
(C) information that indicates how account-
SEC. 206. ACTIONS UNDER THE NATIONAL SERV.
terms and conditions and to the same extent
ability for such funds can be determined, in
ICE LAWS TO BE SUBJECT TO THE
that such proceeding could have been discon-
terms of the office or officer responsible for such
AVAILABILITY OF APPROPRIATIONS.
timued or modified If Unis subsection had not
funds.
No action truelving the obhgation or erpendi-
been enacted.
(2) INVESTIGATIVE AND AUDIT PUNCTIONS.-The
ture of funds may be taken under one of the na-
(C) SUITS NOT AFFECTED.-The provisions of
business plan shall include a description of the
tional service laws (as defined IR section 101(15)
this subsection shall not affect ruits commenced
plans of the Corporation-
of the National and Community Service Act of
before the effective date of this subsection, and
(A) to ensure continuity. during the transition
1990 (42 U.S.C. 12511(15))) unless and until the
in all such suits. proceedings shall be had, es-
period. and after the transition period. in the
Corporation for National and Community Serv-
peals taken. and fudgements readered in the
investigative and audit functions carried out by
ice has sufficient appropriations available at the
same market and with the same effect as V this
the Inspector General of ACTION prior to such
time such action is taken to satisfy the obliga-
subsection had not been exacted.
period, consistent with the inspector General
tion to be incurred or make the expenditure to
(D) NONABATEMENT OF ACTIONS-No rult, ac-
Act of 1978 (5 U.S.C. App.): and
be made.
non. or other proceeding commenced by or
(B) to carry out investigative and audit func-
TITLE III-REAUTHORIZATION
against the ACTION Agency, or by or against
tions and implement Amancial management con-
Subtitle A-National and Community Service
any individual is the official capacity of such
trois regarding programs carried out by the Cor-
Act of 1990
tedteidual as on officer of the ACTION Agency,
poration after October 1. 1993, consistent with
shall abate by reason of the enactment of this
the Inspector General Act of 1978, including a
S&C. 301. AUTHORIZATION OF APPROPRIATIONS.
subsection.
spectfic description of
(a) IN GENERAL.-Section 501 of the National
(E) ADMINISTRATIVE ACTIONS RELATING TO
(0) the searnet 13 which the Office of Inspec-
and Community Service Act of 1990 (12 U.S.C.
PROMULATION OF REGULATIONS.-Ang adminis-
too General shall be established in the Corpora-
12681) is amended to read as follous
trative action relating to the preparation or pro-
tion, in accerdance with section 194(b) of the
"SEC. SAL AUTHORIZATION OF APPROPRIATIONS
mulgation of a regulation by the ACTION Agen-
National Community Service Act of 1990. as
"(a) TITLE 1.-
cy relating to a function transferred under this
added by section 202 of the Act: and
"(1) SUBTITLE B.-
subsection may be continued by the Corporation
($) the manner in which grants made by the
"(A) IN GENERAL-There are authorized to be
with the same effect as if this subsection had
Corporation shall be audited by such Office and
appropriated to provide financial assistance
not been enacted.
the financial management controls that shall
under subtitle B of title 1. $45,000.00 ' : ' fiscal
(9) SEVERABILITY.-HI a provision of this sub-
apply with regard to such grants and programs.
year 1994 and such sums as may De necessary
section or its application to any person or ctr-
(3) ACCOUNTABILITY MEASURES.-The business
for each of the fiscal years 1995 through 1396.
curristance is held treated. netther the semainder
plan shall include 6 detailed description of the
"(B) PROGRAMS.-O/ the amount appropriated
of this subsection net the application of the pro-
occountability measures to be established by the
under subparagraph (A) for a fiscal year-
vision to other persons or circumstances shall be,
Corporation to ensure effective control of all
"(W not more than 63.75 percent shail be avail-
affected.
funds for programs curried out by the Corpora-
able to provide financial assistance under sub-
(10) TRANSITION.-Prlor to. or after, any
tion after October 1. 1993.
part A of part / of subtitle B of title 1.
transfer of a function under this subsection, the
(4) INFORMATION RESOORCES.-The business
(iii) not more than 11.25 percent shall be
Chief Brecutive Officer is authorized to utilize-
plan shall tractude a description of an informa-
available to provide financial assistance under
(A) the services of such officers. employees,
tion resource management program that will
subpart B of part I of such subtitle. and
and other personnel of the ACTION Agency
support the program and financial management
((iii) not move than 25 percent shall be avail-
with respect to functions that will be or have
needs of the Corporation.
able to provide financial assistance under part
been transferred to the Corporation by this sub-
(5) CORPORATION STAFFING AND INTEGRATION
II of such subtitle.
section; and
OF ACTION.-
"(2) SUBTITLES C. D. AND H.-
(B) funds appropriated to such functions for
(A) TRANSFERS-The business plan shall in-
"(A) IN GENERAL.-There are authorized to be
such period of time as may reasonably be needed
clude a report on the progress and plans of the
appropriated to provide financial assistance
to facilitate the orderly implementation of this
President for transferring the functions. pro-
under subtitles C and H of title I. to provide na-
subsection.
grams. and related personnel of ACTION to the
tional service educational awards under subtitle
(d) EFFECTIVE DATE.-
Corporation, and shall include a timetable for
D of title 1. and to carry out such audits and
(1) IN as provided in para-
the transfer.
evaluations as the Chief Erecutive Client or the
graph (2). this section, and the amendments
(B) DETAILS AND ASSIGNMENTS.-The report
Inspector General of the Corporation may dete:-
made by this section. shall take effect-
shall spectfy the number of ACTION employees
mine to be necessary. $300,000.000 for fiscal year
August 5, 1993
CONGRESSIONAL RECORDHOUSE
H6213
1994. $500,000,000 for fiscal year 1995. and
(2) in paragraph (2). by striking "and" at the
"(2) Volunteers serving under this part may
$700,000,000 for fiscal year 1996.
end,
be enrolled for periods of service of less than I
``(B) PROGRAMS.-O/ the amount appropriated
(3) in paragraph (3), by striking "illiterate or
year If the Director determines. on an individual
under subparagraph (A) for a fiscal year. up to
functionally illiterate youth and other individ-
basis. that a period of service of less than / year
15 percent shall be made available to provide fl.
uals."
is necessary to meet a critical scarce skill need.
nancial assistance under section 125, under sub-
(4) in paragraph (5). by striking "and" at the
"(3) Volunteers serving under this part may
sections (b) and (c) of section 126,- and under
end.
be reenrolled for periods of service in a manner
subtitle H of title 1.
(5) in paragraph (6)-
to be determined by the Director No volunteer
(13) SUBTITLE E.-There are authorized to be
(A) by striking ''Or the Community Economic"
shall serve for more than a total of 5 years
appropriated to provide financial assistance
and inserting "the Community Economic":
under this part."
under subtitle E of title 1. such sums as may be
(B) by inserting "or other similar Acts.' after
(b) SUMMER PROGRAM.-Section 104 (42 U.S.C.
necessary for each of the fiscal years 1995
"1981,": and
4954) is amended by adding at the end the fol-
through 1996.
(C) by striking the period and inserting
lourng new subsection:
"(4) ADMINISTRATION.-
and": and
((e)(1) Notwithstanding any other provision
"(A) IN GENERAL-There are authorized to be
(6) by adding at the end the following new
of this part, the Director may enroll full-time
appropriated for the administration of this Act
paragraph
VISTA summer associates in a program for the
$40,000,000 for fiscal year 1994, $60,000,000 for
"(7) in strengthening. supplementing. and eI-
summer months only. under such terms and con-
fiscal year 1995. and $70,000,000 for fiscal year
panding efforts to address the problem of illit-
ditions as the Director shall determine to be ap-
1996.
eracy throughout the United States."
propriate. Such individuals shall be assigned to
"(B) CORPORATION.-Of the amounts appro-
(b) RECRUITMENT PROCEDURES.-Section
projects that meet the critena set forth in sec-
priated under subparagraph (A) for a fiscal
103(b) (42 U.S.C. 4953(b)) is amended-
tion 103(a).
year-
(1) in paragraph (2)-
"(2) in preparing reports relating to programs
"(1) up to 60 percent shall be made available
(A) by amending subparagraph (A) to read as
under this Act. the Director shall report on par-
to the Corporation for the administration of this
follows:
ticipants, costs. and accomplishments under the
Act. and
"(2)(A) The Director shall establish and main-
summer program separately.
"(ii) the remainder shall be available to pro-
tain within the national headquarters of the
''(3) The limitation on funds appropriated for
vide financial assistance under section 126(a).
ACTION Agency (or any successor entity of
grants and contracts, as contained in section
"(b) TITLE III-There are authorized to be
such agency) a volunteer placement office which
108. shall not apply to the summer program.".
appropriated to carry out title III $5,000,000 for
shall be responsible for all functions related to
SEC. 336 SUPPORT FOR VISTA VOLUNTEERS.
each of the fiscal years 1994 through 1996.
the recruitment and placement of volunteers
(a) POSTSERVICE STIPEND.-Section 105(a)(1)
"(c) AVAILABILITY OF APPROPRIATIONS.-
under this part. Such functions and activities
(42 U.S.C. 4955(a)(1)) is amended
Funds appropriated under this section shall Te-
shall be carried out in coordination or in con-
(1) by inserting "(A)" after "(a)(1)"; and
main available until expended.
function with recruitment and placement activi-
(2) by striking the second sentence and insert-
''(d) SPECIFICATION OF BUDGET FUNCTION-
ties carried out under the National and Commu-
ing the following:
The authorizations of appropriations contained
nity Service Trust Act of 1993. Upon the transfer
"(B) Such stipend shall not exceed $95 per
in this section shall be considered to be a compo-
nent of budget function 500 as used by the Of-
of the functions of the ACTION Agency to the
month in fiscal year 1994, but shall be set at a
Corporation for National and Community Serv-
minimum of $100 per month, and a marimum of
fice of Management and Budget to cover edu-
cation, training. employment. and social serv-
ice, the office established under this subpara-
$125 per month assuming the availability of
ices. and. as such. shall be considered to be Te-
graph shall be merged with the recruitment of-
funds to accomplish such marimum. during the
lated to the programs of the Departments of
fice of such Corporation. At no time after such
service of the volunteer after October 1, 1994.
transfer of functions shall more than one office
The Director may provide a stipend of a mari-
Labor, Health and Human Services, and Edu-
responsible primarily for recruitment erist with-
mum of $200 per month in the case of persons
cation for budgetary purposes.
(b) EFFECTIVE DATE.-The amendment made
in the Corporation.";
who have served as volunteers under this part
by subsection (a) shall take effect on October 1.
(B) by striking subparagraph (C): and
for at least 1 year and who. in accordance with
1993.
(C) by redesignating subparagraph (D) as sub-
standards established in such regulations as the
paragraph (C):
Director shall prescribe, have been designated
Subtitle B-Domestic Volunteer Service Act of
(2) by striking paragraphs (4) and (6): and
volunteer leaders on the basis of experience and
1973
(3) by redesignating paragraphs (5) and (7) as
special skills and a demonstrated leadership
SEC. 311. SHORT TITLE; REFERENCES.
paragraphs (4) and (6). respectively.
among volunteers.
(a) SHORT TITLE.-This subtitle may be cited
(c) PUBLIC AWARENESS AND RECRUITMENT-
"(C) The Director shall not provide a stipend
as the "Domestic Volunteer Service Act Amend-
Subsection (c) of section 103 (42 U.S.C. 4953(c))
under this subsection to an individual who
ments of 1993".
is amended-
elects to receive a national service educational
(b) REFERENCES.-Ecept as otherwise specifi-
(1) in paragraph (1)-
award under subtitle D of title I of the National
cally provided, whenever in this subtitle an
(A) in the 1st sentence by striking "regional or
and Community Service Act of 1990.".
amendment or repeal is expressed in terms of an
State employees designated in subparagraphs
(b) SUBSISTENCE ALLOWANCE.-Section 105(b)
amendment to, or repeal of. a section or other
(C) and (D) of subsection (b)(2)" and inserting
(42 U.S.C. 4955(b)) is amended-
provision, the reference shall be considered to be
"personnel described in subsection (b)(2)(C)",
(1) in paragraph (3)-
made to a section or other provision of the Do-
(B) in the second sentence, by striking "shall
(A) by striking subparagraph (A);
mestic Volunteer Service Act of 1973 (42 U.S.C.
include" and inserting "may include";
(B) in subparagraph (B), by striking the sub-
4950 et seq.).
(C) by redesignating subparagraphs (F) and
paragraph designation; and
CHAPTER 1-VISTA AND OTHER ANTI-
(G) as subparagraphs (G) and (H), respectively;
(C) by adding at the end the following new
sentence: "The Director shall review such ad-
POVERTY PROGRAMS
and
justments on an annual basis to ensure that the
SEC. 331. PURPOSE OF THE VISTA PROGRAM.
(D) by inserting after subparagraph (E) the
adjustments are current."; and
The last sentence of section 101 (42 U.S.C.
following new subparagraph:
(2) by striking paragraph (4).
4951) is amended to read as follows: "In addi-
"(F) publicizing national service educational
(c) CHILD CARE.Section 105 (42 U.S.C. 4955)
tion, the objectives of this part are to generate
awards available under the National and Com-
is amended by adding at the end the following:
the commitment of private sector resources, to
munity Service Trust Act of 1993;";
"(c)(1) The Director shall-
encourage volunteer service at the local level,
(2) by striking paragraphs (4) and (5); and
"(A) make child care available for children of
and to strengthen local agencies and organiza-
(3) by redesignating paragraph (6) as para-
each volunteer enrolled under this part who
tions to carry out the purpose of this part.".
graph (4).
need such child care in order to participate as
SEC. 111 ASSISTANT DIRECTOR FOR VISTA PRO-
(d) COORDINATION WITH OTHER FEDERAL
volunteers; or
GRAM.
AGENCIES.-Section 103 (42 U.S.C. 4953) is
"(B) provide a child care allowance to each
(a) IN GENERAL.-Section 102 (42 U.S.C. 4962)
amended by adding at the end the following
such volunteer who needs such assistance in
is amended by striking "The Director" and in-
new subsection:
order to participate as volunteers.
serting "This part shall be administered or one
"(h) The Director is encouraged to enter into
"(2) The Corporation shall establish guide-
of the Assistant Directors appointed pursuant to
agreements with other Federal agencies to use
lines regarding the circumstances under which
section 194(d)(1)(A) of the National and Commu-
VISTA volunteers in furtherance of program ob-
child care shall be made available under this
nity Service Act of 1990. Such Director".
fectives that are consistent with the purposes
subsection and the value of any child care al-
(b) EFFECTIVE DATE.-The amendments made
described in section 101.".
lowance to be provided.".
by subsection (a) shall take effect on the effec-
SEC. 134 TERMS AND PERIODS OF SERVICE
SEC. 136. PARTICIPATION OF YOUNGER AND
tive date of section 203(b).
(a) CLARIFICATION AND PERIODS OF SERVICE.-
OLDER PERSONS.
SEC. 111 SELECTION AND ASSIGNMENT OF VISTA
Subsection (b) of section 104 (42 U.S.C. 4954(b))
Section 107 (42 U.S.C. 4957) is amended to read
VOLUNTEERS
is amended to read as follows:
as follows:
(a) VOLUNTEER ASSIGNMENTE.-Section 103(a)
"(b)(1) Volunteers serving under this part may
"SEC. 107. PARTICIPATION OF YOUNGER AND
(42 U.S.C. 4953(a)) is amended-
be enrolled initially for periods of service of not
OLDER PERSONS.
(1) in the matter preceding paragraph (1). or
less than ! year. not more than 2 years, except
"In carrying out this part and part C. the DI-
striking "a public" and inserting "public":
as provided in paragraph (2) or subsection (e).
rector shall take necessary steps. including the
H6214
CONGRESSIONAL RECORD-HOUSE
August 5, 1993
development of special projects. where appro-
conditions as the Director shall determine to be
SBC. 344 SERVICES UNDER THE FOSTER GRAND-
priate. to encourage the fulless participation of
appropriate. but shall not exceed the level of
PARENT PROGRAM.
individuals 18 through 27 years of age. and indi-
support provided under section 105. Projects
Section 211(a) (42 U.S.C. 5011(a)) is amended
viduals 55 years of age and older. in the various
using volunteers who do not receive stipends
by striking ", including services and all that
programs and activities authorized under such
may also be supported under this section.
follows through "with special needs. and in-
parts.
"(c) CRITERIA AND PRIORITIES.-In carrying
serting a period and the following: "Such serv-
SEC. 127. LITERACY ACTIVITIES.
out this section and section 123. the Director
ices may include services by individuals serving
Section 109 (12 U.S.C. 4959) is amended-
shall establish criteria and priorities for award-
as foster grandparents to children who are indi-
(1) in subsection 18)-
ing grants and entering into contracts under
anduals with disabilities. who have chronic
(A) by striking paragraph (1): and
this part in each fiscal year. No grant or con-
health conditions. who are receiving care ITL
(B) by striking the paragraph designation of
tract exceeding $100,000 shall be made under this
Respitals. who are residing in homes for depend-
paragraph (2): and
part unless the recipient of the grant or contrac-
ent and neglected children. or who are receiving
(2) in subsection (h)-
tor has been selected by a competitive process
services provided by day care centers. schools.
(A) IR paragraph (1) by striking "paragraphs
that includes public announcement of the avail-
early intervention programs under part H of the
(2) and (3)" and inserting "paragraph (2)*: and
ability of funds for such grant or contract, gen-
Individuals with Disabilities Education Act 120
(B) by striking paragraph (3).
eral criteria for the selection of recipients or
U.S.C. 1471 et seq.), Head Start agencies under
SEC. 338 APPLICATIONS FOR ASSISTANCE
contractors, and a description of the application
the Head Start Act. or any of a variety of other
Section 110 (42 U.S.C. 4960) is amended to read
process and application review process."
programs. establishments and institutions DTO-
as follows:
SEC. 332 TECHNICAL AND FINANCIAL ASSIST.
viding services for children with special or er-
ANCE
"SEC. 110. APPLICATIONS FOR ASSISTANCE
ceptional needs. Individual foster grandparents
Section 123 (42 U.S.C. 4993) is amended to read
"In reviewing an application for assistance
may provide person-to-person services to one or
as follows:
under this part. the Director shall not deny
more children. depending on the needs of the
"SEC. 123. TECHNICAL AND FINANCIAL ASSIST.
project and local slie.".
such assistance to any project or program. or
ANCE
any public or private nonprofit organization,
SEC. 345. STIPENDS FOR LOW-INCOME VOLUN.
"The Director may provide technical and π-
TEERS
solely on the basis of the duration of the assist-
mancial assistance to Federal agencies, State
ance such project, program. or organization has
Section 211(d) (42 U.S.C. 5011(d)) is amended
and local governments and agencies, private
received under this part prior to the date of sub-
(1) in the second sentence by striking "Any
nonprofit organizations, employers, and other
mission of the application. The Director shall
stipend or allowance provided under this sub-
private organizations that utilize or desire to
grant assistance under this part on the basis of
section shall not be less than $2.20 per hour
utilize volunteers in carrying out the purpose of
merit and to accomplish the goals of the VISTA
until October 1. 1990. $2.35 per hour during fis-
this part.".
program. and shall consider the needs and re-
cal year 1991, and $2.50 per hour on and after
SEC. 331. ELIMINATION OF SEPARATE AUTHORITY
quirements of projects in eristence on such date
October 1. 1992," and inserting "Any stipend or
FOR DRUG ABUSE PROGRAMS
as well as potential new projects.".
allowance provided under this section shall not
Title I (42 U.S.C. 4951 et seq.) is amended-
SEC. 112 REPEAL OF AUTHORITY FOR STUDENT
be less than $2.45 per hour on and after October
(1) by repealing section 124; and
COMMUNITY SERVICE PROGRAMS.
1. 1993, and shall be adjusted once prior to De-
(2) or redesignating section 125 as section 124.
Section 114 (42 U.S.C. 4974) is repealed.
cember 31. 1997, to account for inflation as de-
CHAPTER &-NATIONAL SENIOR
termined by the Director and rounded to the
SSC. 332. UNIVERSITY YEAR FOR VISTA
VOLUNTEER CORPS
nearest frue cents.". and
(a) PROGRAM TITLE.-Part B of title I (42
SEC. 341. NATIONAL SENIOR VOLUNTEER CORPS.
(2) by adding at the end the following
U.S.C. 4971 et seq.) is amended-
(a) TITLE HEADING.-The heading for title II
"In establishing the amount of and the effec-
(1) in the part heading. to read as follows:
is amended to read as follows:
five date for. such adjustment. the Director in
"PART B-UNIVERSITY YEAR POR VISTA",
"TITLE II-NATIONAL SENIOR VOLUNTEER
consultation with the State Commissions on No-
(2) by striking "University Year for ACTION"
CORPS".
tional and Community Service (as established
each place that such term appears in such part
(b) REFERENCES.-
under section 178 of the National and Commu-
and inserting "University Year for VISTA";
(1) Section 200(1) (42 U.S.C. 5000(1)) is amend-
nity Service Act of 1990) and the heads of the
(3) by striking "UYA" each place that such
ed by striking "Older American Volunteer PTO-
State offices established under section 195 of
term appears in such part and inserting "UYV";
grams" and inserting "National Senior Volun-
such Act. shall consider the effect such adjust.
and
lear Corps".
ment will have on the ability of non-Federally
(4) in section 112 (42 U.S.C. 4972) by striking
(2) The heading for section 221 (42 U.S.C.
funded volunteer programs sumilar to the pro-
the section heading and inserting the following
5021) is amended by striking "OLDER AMERICAN
grams under this title to maintain their current
new section heading:
VOLUNTEER PROGRAMS" and inserting "NA-
level of volunteer hours.".
"AUTHORITY TO OPERATE UNIVERSITY YEAR POR
TIONAL SENIOR VOLUNTEER CORPS".
SEC. 346. CONDITIONS OF GRANTS AND CON-
VISTA PROGRAM".
(3) Section 224 (42 U.S.C. 5024) is amended-
TRACTS.
(b) SPECIAL CONDITIONS-Section 113(a) (12
(A) in the section heading by striking "OLDER
Section 212 (42 U.S.C. 5012) is repealed.
U.S.C. 4973(a)) is amended-
AMERICAN VOLUNTEER PROGRAMS" and inserting
SEC. 367. EVALUATION OF THE SENIOR COMPAN-
(1) by striking "of not less than the duration
"NATIONAL SENIOR VOLUNTEER CORPS"; and
ION PROGRAM.
of an academic year" and inserting "of not less
(B) by striking "volunteer projects for Older
Section 213(c) (42 U.S.C. 5013(c)) 13 amended
than the duration of an academic semester or its
Americans" and inserting "National Senior Vol-
by striking paragraph (3).
equivalent"; and
unteer Corps projects".
(2) by adding at the end the following new
(4) Section 205(c) of the Older Americans
SEC. 348. AGREEMENTS WITH OTHER FEDERAL
AGENCIES.
sentence: "Volunteers may receive a Noing al-
Amendments of 1975 (Public Law 94-135; 89 Stat.
lowance and such other support or allowances
727; 42 U.S.C. 5001 note) is amended by striking
(a) PROMOTION.-Section 221(a) (42 U.S.C.
"national older Americam.volunteer programs"
5021(a)) is amended-
as the Director determines to be appropriate.".
each place the term appears and inserting "Na-
(1) by striking "(a)" and inserting "(a)(1)",
SEC. 331. AUTHORITY TO ESTABLISH AND OPER.
and
tional Senior Volunteer Corps programs".
ATE SPECIAL VOLUNTEER AND D&M-
SBC. 342 THE RETIRED AND SENTOR VOLUNTEER
(2) by adding at the end the following
ONSTRATION PROGRAMS.
PROGRAM.
"(2) To the marimum extent practicable. the
Section 122 (42 U.S.C. 4992) is amended to read
(a) PART HEADING.-The heading for part A of
Director shall enter into agreements with-
as follows:
title " is amended by striking "RETIRED SENIOR
"(A) the Department of Health and Human
"SEC. 122 AUTHORITY TO ESTABLISH AND OPER
VOLUNTEER PROGRAM" and inserting "RETIRED
Services to
ATE SPECIAL VOLUNTEER AND DEM.
ONSTRATION PROGRAMS.
AND SENIOR VOLUNTEER PROGRAM".
"(1) involve retired and senior volunteers, and
(b) REFERENCES.-Section 200 (42 U.S.C. 5000)
foster grandparents. in Head Start programs.
"(a) IN GENERAL.-The Director is authorized
to conduct special volunteer programs for dem-
is amended by striking "retired senior volunteer
"(ii) involve rettred and senior tolunteers.
program" each place that such term appears in
and senior companions. in providing services
onstration programs. or award grants to or
such section and the Act and inserting "Retired
authorized by tttle III of the Older Americans
enter into contracts with public or nonprofit or-
and Senior Volunteer Program".
Act of 1965. and
ganizations to carry out such programs. Such
SBC. 343. OPERATION OF THE RETIRED AND SEN-
"(iii) promote the recognition of such volum-
programs shall encourage wider volunteer par-
ЮД VOLUNTEER PROGRAM
teers who are qualified to provide in-home serv-
ticipation on a full-time, part-time, or short-
Section 201(a) (42 U.S.C. 5001(a)) is amended-
tces for reimbursement under title XVIII of the
term basis to further the purpose of this part,
(1) in the matter preceding paragraph (1) by
Social Security Act for providing such services:
and identify particular segments of the poverty
striking "rettred persons" and inserting "retired
"(B) the Department of Education to promote
community that could benefit from volunteer
individuals and working older individuals"; and
intergenerational tutoring and mentoring for at-
and other antipoverty efforts
(2) in paragraph (2)-
risk children. and
"(0) ASSIGNMENT AND SUPPORT OF VOLUN.
(A) by striking "aged strty oT over" and in-
"(C) the Environmental Protection Agency to
TEERS -The assignment of volunteers under this
serting "55 years of age or older". and
support conservation efforts.".
section, and the provision of support for such
(B) by inserting and individuals 60 years of
(b) MINIMUM EXPENDITURE.-Section 221(5)(3)
volunteers. including any subsistence allow-
age or older will be given priority for enroll-
(42 U.S.C. 5021(b)(3)) is amended by striking
ances and stipends. shall be on such terms and
ment." after "enrolled".
"$250,000" and inserting "$375,000".
August 5, 1993
CONGRESSIONAL RECORDHOUSE
H6215
SEC. 343. PROGRAMS OF NATIONAL SIGNIFT.
(1) by inserting after the first sentence the fol-
"(b) FEDERAL FINANCIAL ASSISTANCE.-Any
CANCE
lowing: "Such Agency shall also promote the co-
assistance provided under this Act shall con-
Section 225 (42 U.S.C. 5025) is amended
ordination of volunteer efforts among Federal.
stitute Federal financial assistance for purposes
(1) in subsection (a)(2)(B) by struding "para-
State, and local agencies and organizations. ex-
of title VI of the Clvil Rights Act of 1964 (42
graph (10)" and inserting "paragraphs (10).
change technical assistance information among
U.S.C. 2000d et seq.), title IX of the Education
(12). (15). and (16)":
such agencies and organizations." and
Amendments of 1972 (20 U.S.C. 1681 et seq.). sec-
(2) in subsection (b), by adding at the end the
(2) by striking "Older American Volunteer
Non 504 of the Rehabilitation Act of 1973 (29
following new paragraphs:
Programs" each place the term appears and in-
U.S.C. 794). and the Age Discrimination Act of
"(12) Programs that address environmental
serting "National Senior Volunteer Corps".
1975 (42 U.S.C. 6101 et seq.).
needs.
SEC. ML AUTHORITY OF THE DIRECTOR
"(c) RELIGIOUS DISCRIMINATION.-
"(13) Programs that reach out to organiza-
Section 402 (42 U.S.C. 5042) is amended in
"(I) IN as provided in para-
tions (such as labor unions and profitmaking or-
paragraphs (5) and (6) by inserting "solicit
graph (2), an individual with responsibility for
ganizations) not previously involved in address-
and" before "accept" in each such paragraph.
the operation of a program that receives assist-
tng national problems of local concern.
SEC. 362. POLITICAL ACTIVITIES.
ance under this Act shall not discriminate on
"(14) Programs that provide for outreach to
Section 403 (42 U.S.C. 5043) is amended-
the basis of religion against a participant in
increase participation of members of ethnic
(1) by redesignating subsections (b)(2) and (c)
such program or a member of the staff of such
groups who have limited English proficiency.
as subsections (c) and (d). respectively:
program who is paid with funds received under
"(15) Programs that support criminal justice
(2) in subsection (c). as so redesignated, by re-
this Act.
activities and juvenile fustice activities.
designating subparagraphs (A) and (B) as para-
"(2) EXCEPTION.-Paragraph (1) shall not
''(16) Programs that invoive older volunteers
graphs (1) and (2), respectively; and
apply to the employment. with assistance pro-
working with young people in apprenticeship
(3) by striking subsection (b)(1) and inserting
vided under this Act. of any member of the staff.
programs.
the following:
of a program that receives assistance under this
"(17) Programs that support the community
"(b)(1) Programs assisted under this Act shall
Act. who was employed with the organization
integration of individuals with disabilities.
not be carried on in a manner involving the use
operating the program on the date the grant
"(18) Programs that provide health, edu-
of /unds. the provision of services. or the on-
under this Act was awarded.
cation, and welfare services that augment the
ployment or assignment of personnel in a man-
"(d) RULES AND REGULATIONS.-The Director
activities of State and local agencies, to be car-
net supporting or resulting in the identification
shall promulgate rules and regulations to pro-
ried out in a fiscal year for which the aggregate
of such programs with
vide for the enforcement of this section that
amount of funds available to such agencies is
"(A) any partisan or nonpartisan political ac-
shall include provisions for summary suspension
not less than the annual average aggregate
tivity associated with a candidate, or a contend-
of assistance for not more than 30 days. on an
amount of funds available to such agencies for
ing faction or group, in an election for public or
emergency basis, until notice and an oppor-
the period of 3 fiscal years preceding such fiscal
party office:
tunity to be heard can be provided."
year.";
"(B) any activity to provide voters or prospec-
SEC. 361. ELIMINATION OF SEPARATE REQUIRE
(3) in subsection (c)(1). by striking "under this
tive voters with transportation to the polls or
MENTS FOR SETTING REGULATIONS
title"; and
similar assistance in connection with any such
Section 420 (42 U.S.C. 5060) is repealed.
(4) in subsection (d). by striking paragraph (1)
election; or
SEC. MI. CLARIFICATION OF ROLE OF INSPEC-
and inserting the following new paragraph:
"(C) any voter registration activity:
TOR GENERAL
"(1) Except as provided in paragraph (2). from
except that programs assisted under this Act
Section 422 (42 U.S.C. 5062) is amended-
the amounts appropriated under subsection (a),
may make voter registration applications and
(1) in subsection (a), by inserting "or the In-
(b). (c), or (d) of section 502, for each flacal year
nonpartisan voter registration information
spector General" after "Director": and
there shall be available to the Director such
available to the public on the premises of such
(2) in subsection (b). by inserting ". the In-
sume as may be necessary to make grants under
programs.
spector General." after "Director" each place
subsection (a)
"(2) In carrying out any voter registration ac-
that such term appears.
SEC. 150 ADJUSTMENTS TO FEDERAL FINANCIAL
tivity permitted under paragraph (1), an indi-
SEC. 370 COPYRIGHT PROTECTION.
ASSISTANCE
vidual who is affiliated with, or employed to
Section 226(b) (42 U.S.C. 5026(b)) is amended-
Title IV is amended by adding at the end. the
carry out a program assisted under this Act
following new section:
(1) in paragraph (1)-
shall not
(A) by striking "(1)"; and
"SEC. 496. PROTECTION AGAINST IMPROPER USE
"(A) indicate a preference with respect to any
(B) by striking "annually" and inserting ".
candidate, political party, OT election issue, or
"Whoever falsely-
once every 2 years"; and
"(B) seek to influence the policical or party
"(1) advertises or represents: OF
(2) by striking paragraph (2).
affiliation, or voting decision, of any individ-
"(2) publishes or displays any sign. symbol. or
SEC. 351 DEMONSTRATION PROGRAME
wal.".
advertisement, reasonably calculated to convey
the impression,
Title Il (42 U.S.C. 5000 at seq.) is amended by
SBC. 306 COMPENSATION FOR VOLUNTEERS.
adding at the end the following new part:
Section 404 (42 U.S.C. 5044) is amended-
that an entity is affiliated with, funded by. or
operating under the authority of ACTION.
"PART B-DEMONSTRATION PROGRAMS
(1) in subaction (c), by inserting "from such
"SBC. 231. AUTHORITY OF DIRECTOR.
volunteers or from beneficiaries" after "com-
VISTA. or any of the programs of the National
pensation";
Senior Volunteer Corps may be enjoined under
"(s) IN GENERAL-The Director to authorized
(2) by striking subsection U: and
an action filed by the Attorney General, on a
to make grants to or enter into contracts with
(3) by redesignating subsection (g) as sub-
complaint by the Director.".
public or nonprofit organizations, including or-
section S.
SEC. 871. DEPOSIT REQUIREMENT CREDIT FOR
ganizations funded under part A, B. or C. for
SBC. 105,REPEAL OF REPORT.
SERVICE AS A VOLUNTEER
the purposes of demonstrating innovative activi-
ties involving older Americans as volunteers.
Section 407 (42 U.S.C. 5047) is repealed.
(a) CIVIL SERVICE RETIREMENT SYSTEM-
SEC. 366. APPLICATION OF FEDERAL LAW.
(1) CREDITABLE SERVICE.-Section 8332(j) of
The Director may support under this part both
title 5, United States Code, is amended-
volunteers receiving stipends and volunteers not
Section (15(b)(4)(A) (42 U.S.C. 5055(b)(4)(A)) is
(A) in paragraph (1)-.
receiving stipends.
amended by striking "a grade GS-1 employee"
(i) in the first sentence, by inserting "the pe-
"(b) ACTIVITIES.-As organization that re-
and inserting "an employee at grade GS-5 of the
riad of an individual's service as a full-time voi-
celves a grant or enters into a contract under
General Schedule under section 5332 of title 5,
unteer enrolled in a program of at least 1 year's
subsection (a) may use funds made gegilable
United States Code".
duration under part A. B. or C of title I of the
through the grant or contract for activities such
asc. 262. NONDISCEIMINATION PROVISIONS.
Domestic Volunteer Service Act of 1973." after
as
Section 417 (42 U.S.C. 5057) is amended to read
"Economic Opportunity Act of 1964,"
"(1) linking youth groups and older American
as follows:
(ti) in the second sentence, by inserting ". as
organizations in volunteer activities:
"EBC. 417. NONDABCRIMINATION PROVISIONS
a full-time volunteer enrolled in a program of at
''(2) involving older volunteers is programs
"(a) IN GENERAL.-
least I year's duration under part A. B. or C of
and activities different from programs and 6c-
"(1) BASIS-An individual with responsibility
title I of the Domestic Volunteer Service Act of
livities supported in the community; and
for the operation of a program that receives as-
1973." after "Sconomic Opportunity Act of
"(3) testing whether older American volunteer
sistance under this Act shall not discriminate
1964": and
programs may contribute to new objectives or
against a participant tm. or member of the staff
(iti) in the last sentence-
certain national priorities.
of, such program on the basis of race. color, na-
(I) by inserting "or under part A, B. or C of
"SBC. 332 PROHIBITION.
tional origin, ser, age, or political affiliation of
title 1 of the Domestic Volunteer Service Act of
"The Director may not reduce the activities.
such participant or member, or on the basis of
1973" after "Economic Opportunity Act of
projects. or volunteers funded under the other
disability, If the participant or member is a
1964"; and
parts of this title in order to support projects
qualified individual with a disability.
(II) by inserting "or the Chief Executive Offi-
under this part.".
"(2) DEFINITION.-As used in paragraph (1),
CET of the Corporation_for National and Commu-
CHAPTER --ADMINISTRATION
the term 'qualified individual with a disability'
nity Service, as appropriate." after "Direx of
has the meaning given the 16TM in section 101(8)
the Office of Economic Opportunity": and
SEC. 361. PURPOSE OF AGENCY.
of the Americans with Disabilities Act of 1990 (42
(B) by adding at the
the following
Section 401 (42 U.S.C. 5041) is amended-
U.S.C. 12111(8)).
paragraph:
H6216
CONGRESSIONAL RECORDHOUSE
August 5, 1993
"(3) The provisions of paragraph (1) relating
"(f)(1) Each employee or Member who has
volunteer leader under the Economic Oppor
to credit for service as a volunteer or volunteer
performed service as a volunteer or volunteer
tunity Act of 1964, the Domestic Volunteer Serv
leader under the Economic Opportunity Act of
leader under part A of title VIII of the Economic
ice Act of 1973. or the Peace Corps Act) which
1964. part A. B, or C of title 1 of the Domestic
Opportunity Act of 1964, as a full-time volunteer
is payable for any month shall be reduced by at
Volunteer Service Act of 1973, or the Peace
enrolled in a program of at least 1 year's dura-
amount determined by multiplying the amoun
Corps Act shall not apply to any period of serv-
tion under part A. B. or C of title I of the Do-
of such old-age or survivors insurance benefit
ice as a volunteer or volunteer leader of an am-
mestic Volunteer Service Act of 1973, or as a vol-
for the determination month by a fraction-
ployee or Member with respect to which the em-
unteer or volunteer leader under the Peace
(1) the numerator of which is the total of the
ployee or Member has made the deposit with in-
Corps Act before the date of the separation on
wages (within the meaning of section 209 of the
terest, if any, required by section 8334(1).*
which the entitlement to any annuity under this
Social Security Act) for service as a volunteer 0
(2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS-
subchapter. or subchapter V of this chapter, is
volunteer leader under the Economic Oppor
ITS.-
based may pay. in accordance with such regula-
tunity Act of 1964, the Domestic Volunteer Serv
(A) IN GENERAL.-Section 8334 of title 5. Unit-
tions as the Office of Personnel Management
ice Act of 1973. or the Peace Corps Act of such
ed States Code, is amended by adding at the end
shall issue. an amount equal to 3 percent of the
individual credited for years before the calenda
the following new subsection:
readjustment allowance paid to the employee or
year in which the determination month occurs
"(I)(1) Each employee or Member who has per-
Member under title VIII of the Economic Oppor-
up to the contribution and benefit base deter
formed service as a volunteer or volunteer leader
tunity Service Act of 1964 or section 5(c) or 6(1)
mined under section 230 of the Social Security
under part A of title VIII of the Economic Op-
of the Peace Corps Act or the stipend paid to the
Act (or other applicable marimum annua
portunity Act of 1964, as a full-time volunteer
employee or Member under part A, B, or C of
amount referred to in section 215(e)(1) of such
enrolled in a program of at least 1 year's dura-
title I of the Domestic Volunteer Service Act of
Act for each such year): and
tion under part A, B. or c of title I of the Do-
1973, for each period of service as such a volun-
(ti) the denominator of which is the total o
mestic Volunteer Service Act of 1973, or as a vol-
teer or volunteer leader.
all wages described in clause (1), plus all other
unteer or volunteer leader under the Peace
"(2) Any deposit made under paragraph (1)
wages (within the meaning of section 209 o
Corps Act before the date of the separation on
more than 2 years after the later of
such Act) and all self-employment income (with
which the entitlement to any annuity under this
"(A) October 1, 1993, or
in the meaning of section 211(b) of such Act) o
subchapter is based may pay, in accordance
"(B) the date on which the employee or Mem-
such individual credited for years after 1936 and
with such regulations as the Office of Personnel
ber making the deposit first becomes on em-
before the calendar year in which the deter
Management shall issue, an amount equal to 7
ployee or Member,
mination month occurs, up to the contribution
percent of the readjustment allowance paid to
shall include interest on such amount computed
and benefit base (or such other amount referred
the employee or Member under title VIII of the
and compounded annually beginning on the
to in section 215(e)(1) of such Act for $ suci
Economic Opportunity Act of 1964 or section 5(c)
date of the expiration of the 2-year period. The
year.
or 6(1) of the Peace Corps Act or the stipend
interest rate that is applicable in computing in-
(B) LIMITATIONS.-
paid to the employee or Member under part A.
terest in any year under this paragraph shall be
(1) REDUCTION IN ANNUITY.-Subparagraph (A)
B, or C of title / of the Domestic Volunteer Serv-
equal to the interest rate that is applicable for
shall not reduce the annuity of an individual
ice Act of 1973, for each period of service as such
such year under section 8334(e).
below the amount of the annuity which would
a volunteer or volunteer leader.
"(3) The Director of the Peace Corps and the
be payable to the individual for the determina
"(2) Any deposit made under paragraph (1)
Chief Executive Officer of the Corporation for
tion month If the provisions of section 8332(j) o
more than 2 years after the later of
National and Community Service shall furnish
title 5. United States Code, relating to service a
"(A) October 1. 1993; or
such information to the Office of Personnel
a volunteer or volunteer leader, applied to the
"(B) the date on which the employee or Mem-
Management as the Office may determine to be
individual for such month.
ber making the deposit first becomes an -
necessary for the administration of this rub-
(ii) APPLICATION.-Subparagraph (A) shal
ployee or Member,
section.".
not apply in the case of an individual who
shall include interest on such amount computed
(c) APPLICABILITY AND OTHER PROVISIONS.-
prior to the date of enactment of this Act,
and compounded annually beginning on the
(1) APPLICABILITY.-
a deposit under section 8334(c) of title 5, United
date of the expiration of the 2-year period. The
(A) AMENDMENTS RELATING TO CERS.-
States Code, with respect to service as a volum
interest rate that is applicable in computing in-
(1) IN GENERAL-The amendments made by
tear or volunteer leader (as described in
terest in any year under this paragraph shall be
subsection (a) shall apply with respect to any
paragraph (A)).
equal to the interest rate that is applicable for
individual entitled to an annuity on the basts of
(#) DETERMINATION MONTH.-For purposes 0,
such year under subsection (e).
6 separation from service occurring on or after
this paragraph, the term "determination
"(3) The Director of the Peace Corps and the
the effective date of this subtitle.
month" means-
Chief Executive Officer of the Corporation for
(ii) RULES RELATING TO ANNUITIES BASED ON
(I) the first month the individual described "
National and Community Service shall furnish
EARLIER REPARATIONS.-An annuity under sub-
paragraph (1)(A)(ii) is entitled to old-age or
such information to the Office of Personnel
chapter III of chapter as of title 5, United States
vivors benefits under section 202 of the Socia
Management as the Office may determine to be
Code, payable to an individual based on a seps-
Security Act (or would be entitled to such
necessary for the administration of this sub-
ration from service occurring before the effective
fits upon filing on application therefor); or
section."
date of this subtitle shall be subject to the provi-
(II) the first calendar month beginning afte
(B) CONFORMING AMENDMENT.-Section 8334(e)
stons of paragraph (2).
the date of enactment of this Act, in the
o
of title 5. United States Code, is amended in
(B) AMENDMENTS RELATING TO FERS.-
any individual entitled to such benefits for
paragraphs (1) and (2) by striking "or (k)" each
(1) IN GENERAL-The amendments made by
month.
place that such term appears and inserting "(k),
subsection (b) shall apply with respect to any
(to) RULE RELATING TO ANNUITIES BASED a
or (I)".
individual sutitled to an annuity on the basis of
EARLIER REPARATIONS.-ARR increase in an an
(b) FEDERAL EMPLOYEES' RETIREMENT SYS-
a separation from service occurring before, on,
auity which occurs by virtue of the enactmen
TEM.-
or after the effective date of this subtitle, subject
of this paragraph shall be effective beginning
(1) CREDITABLE SERVICE.-Section 8411 of title
to clause (ti).
with the annuity payment payable for the firs
5. United States Code, is amended-
(ti) RULE RELATING TO ANNUITIES BASED ON
calendar month beginning after the effective
(A) in subsection (0)(3), by striking "sub-
EARLIER EXPARATIONS-IN the case of any indi-
date of this subtitle.
section (f)" and tnserting "subsection S or
vidual whose entitlement to on anauity is based
(3) FURNISHING OF INFORMATION.-The Sec
(k)"; and
on a separation from service occurring before
retary of Health and Human Services
fur
(B) by adding at the end the following new
the effective date of this subtitle, any increase
nish such information to the Office of Personne
subsection:
in such individual's annuity on the basis of a
Management as may be recessary to carry ou
"(h) An employee or Member shall be allowed
deposit made under section 8442(f) of title 5,
this subsection.
credit for service as a volunteer or volunteer
United States Code, as amended by subsection
(4) ACTION TO INFORM INDIVIDUALS.-TRe DI
leader under part A of title VIII of the Economic
(b)(2). shall be effective beginning with the an-
rector of the Office of Personnel Managemen
Opportunity Act of 1964, as a full-time volunteer
nuity payment payable for the first calendar
shall take such action as may be Rd
M an
enrolled in a program of at least 1 year's dura-
month beginning after the effective date of this
appropriate to inform individuals .
&
tion under part A. B. or c of title 1 of the Do-
subtttle.
credit under this section for service as a volue
mestic Volunteer Service Act of 1973. or as a vol-
(2) SPECIAL RULES.-
tear or volunteer leader, or to have any annuit
unteer or volunteer leader under the Peace
(A) OLD-AGE OR SURVIVORS DISURANCE BENE-
recomputed, or to make a deposit under this sec
Corps Act performed at any time prior to the
FITE.-Subject to subparagraph (B). in any case
tion, of such antitlement.
separation on which the entitlement to any on-
in which an individual described in paragraph
CHAPTER -AUTHORIZATION OF APPRO
auity under this subchapter is based V the em-
(1)(A)(I) is also entitled to old-age or survivors
PRIATIONS AND OTHER AMENDMENTS
ployee OT Member has made a deposit with inter-
insurance benefits under section 202 of the So-
SEC. 201. AUTHORIZATION OF APPROPRIA
est, If any. with respect to such service under
ctal Security Act (or would be satitled to such
FOR TITLE L
section 8422().".
benefits upon filing on application therefor), the
Section 501 (42 U.S.C. 5081) is amended to TEG.
(2) DEDUCTIONS, CONTRIBUTIONS.-Saction
amount of the casulty to which such individual
as follows:
8422 of title 5, United States Code, is amended
is entitled under subchapter III of chapter as of
"EEC. 502. NATIONAL VOLUNTEER ANTIPOVERT
by adding at the
the following
sub-
5. United
Code (after taking into ac-
PROGRAMS.
section:
: any creditable service a volunteer or
"(a) AUTHORIZAT
August 5, 1993
CONGRESSIONAL RECORD-HOUSE
H6217
"(1) VOLUNTEERS IN SERVICE TO AMERICA.-
"(d) DEMONSTRATION PROORAMS-There are
"PART C-SENIOR COMPANION PROGRAM
There are authorized to be appropriated to carry
authorized to be appropriated to carry out part
"Sec. 213. Grants and contracts for volunteer
out parts A and B of title I, excluding section
E of title 11. such sums as may be necessary for
service projects.
109, $56,000,000 for fiscal year 1994, and such
each of the fiscal years 1994 through 1996.".
"PART D-GENERAL PROVISIONS
sums as may be necessary for each of the fiscal
SEC. 263. AUTHORIZATION OF APPROPRIATIONS
years 1995 and 1996.
FOR TITLE IV.
"Sec. 221. Promotion of National Senior Volun-
"(2) LITERACY ACTIVITIES-There are author-
Section 504 (42 U.S.C. 5084) is amended to read
teer Corps.
tred to be appropriated to carry out section 109.
as follows:
"Sec. 222. Payments.
$5,600,000 for fiscal year 1994, and such sume as
"SEC. 604. ADMINISTRATION AND COORDINA.
"Sec. 223. Minority group participation.
may be necessary for each of the fiscal years
TION.
"Sec. 224. Use of locally generated contribu-
1995 and 1996.
"(a) IN GENERAL-POT each of the fiscal years
tions in National Senior Volun-
"(3) SPECIAL VOLUNTEER PROGRAMS.-There
1994 through 1996, there are authorized to be ap-
teer Corps.
are authorized to be appropriated to carry out
propriated for the administration of this Act as
"Sec. 225. Programs of national significance.
part C of title 1. excluding section 125. such
provided for ta title IV, 18 percent of the total
"Sec. 226. Adjustments to Federal financial as.
sums as may be necessary for each of the fiscal
sistance.
amount appropriated under sections 501 and 502
years 1994 through 1996.
with respect to such year.
"Sec. 227. Multiyear grants or contracts.
"(4) LITERACY CHALLENGE GRANTS-There are
"(b) EVALUATION.-Po each of the fiscal
"PART E-DEMONSTRATION PROGRAMS
authorized to be appropriated to carry out sec-
years 1994 through 1996, the Director is author-
"Sec. 231. Authority of Director.
tion 125, such sums as may be necessary for
ised to expend not less than 2½ percent. and not
"TITLE IV-ADMINISTRATION AND
each of the flacal years 1994 through 1996.
more than 5 percent, of the amount appro-
COORDINATION
"(5) SPECIFICATION OF BUDGET FUNCTION.-
priated under subsection (a), for the purposes
The authorisations of appropriations contained
"Sec. 403. Political activities.
prescribed in section 416.".
in this subsection shall be considered to be a
"Sec. 404. Special limitations.
SEC. 264. CONFORMING AMENDMENTS; COM.
component of budget function 500 as used by the
"Sec. 406. Labor standards.
PENSATION FOR VISTA FECA CLAIM-
Office of Management and Budget to cover edu-
ANTS.
"Sec. 408. Joint funding.
cation, training, employment, and social serv-
"Sec. 409. Prohibition of Federal control.
Section 8143(b) of title 5, United States Code,
ices. and. as such. shall be considered to be TE-
is amended by striking "GS-7" and Inserting
"Sec. 410. Coordination with other programs.
lated to the programs of the Departments of
"Sec. 411. Prohibition.
"GS-5 of the General Schedule under section
Labor, Health and Human Services, and Edu-
"Sec. 412. Notice and hearing procedures for
5332 of title 5. United States Code".
cation for budgetary purposes.
suspension and termination of fl-
SEC. 384. REPEAL OF AUTHORITY.
"(b) SUBSISTENCE-The minimum level of an
mancial assistance.
allowance for substatence required under section
Title VII (42 U.S.C. 5091 et seq.) is repealed.
"Sec. 414. Distribution of benefits between rural
105(b)(2). to be provided to each volunteer under
CHAPTER 6-GENERAL PROVISIONS
and urban areas.
title 1. may not be reduced or limited in order to
SEC. 291. TECHNICAL AND CONFORMING AMEND-
"Sec. 415. Application of Federal law.
provide for an increase in the number of volun-
MENTS.
"Sec. 416. Evaluation.
teer service years under part A of title I.
The Domestic Volunteer Service Act of 1973 (42
"Sec. 417. Nondiscrimination provisions.
"(c) LIMITATION.-No part of the funds appro-
U.S.C. 4950 et seq.) is amended by striking
"Sec. 418. Eligibility for other benefits.
printed to carry out part A of title I may be used
"That this Act" and all that follows through
"Sec. 419. Legal expenses.
to provide volunteers or assistance to any pro-
the end of the table of contents and inserting
"Sec. 421. Definitions.
gram or project authorized under part B or C of
the following:
"Sec. 422. Audit.
title I. or under title 11. unless the program or
"Sec. 423. Reduction of paperwork.
"SECTION L SHORT TITLE TABLE OF CONTENTS.
project mosts the antipoverty criteria of part A
"Sec. 424. Review of project renewals.
"(a) SHORT TITLE.-TRis Act may be cited as
of title 1.
"Sec. 425. Protection against Improper use.
the 'Domestic Volunteer Service Act of 1973'.
"(d) AVAILABILITY.-Amounts appropriated
"Sec. 426. Center for Research and Training.
"(b) TABLE OF CONTENTS-The table of con-
for part A of title I shall remain available for
tents is as follows:
"TITLE V-AUTHORIZATION OF
obligation until the end of the fiscal year foi-
"Sec. 1. Short title: table of contents.
APPROPRIATIONS
lowing the fiscal year for which the amounts
"Sec. 2. Volunteerism policy.
"Sec. 501. National volunteer antipoverty pro-
were appropriated.
"TITLE I-NATIONAL VOLUNTEER
grams.
"(e) VOLUNTEER SERVICE REQUIREMENT.-
ANTIPOVERTY PROGRAMS
"Sec. 502. National Senior Volunteer Corps.
"(1) VOLUNTEER SERVICE TEARS-Of the
"Sec. 504. Administration and coordination.
amounts appropriated under this section for
"PART A-VOLUNTEERS IN SERVICE TO AMERICA
"Sec. 505. Availability of appropriations.
parts A. B. and C of title 1, including section
"Sec. 101. Statement of purpose.
"TITLE VI-AMENDMENTS TO OTHER
124. there shall first be available for part A of
"Sec. 102. Authority to operate VISTA program.
LAWS AND REPEALERS
title 1. including sections 104(e) and 109, an
"Sec. 103. Selection and assignment of volum-
amount not lase than the amount necessary to
teers.
"Sec. 601. Supersedence of Reorganization Plan
provide 3,700 volunteer service years in fiscal
"Sec. 104. Terms and periods of service.
No. I of July 1. 1971.
year 1994. 4,000 volunteer service years is fiscal
"Sec. 105. Support service.
"Sec. 602. Creditable service for civil service Te-
"Sec. 108. Participation of beneficiaries.
tirement.
year 1995, and 4,500 voluntes service years in
fiscal year 1996.
"Sec. 107. Participation of younger and older
"Sec. 603. Repeal of title VIII of the Economic
"(2) PLAN.-15 the Director determines that
persons.
Opportunity Act.
funds appropriated to carry out part A. B. or.C
"Sec. 108. Limitation.
"Sec. 604. Repeal of title VI of the Older
:-
of title I are insufficient to provide for the years
"Sec. 109. VISTA Literacy Corps.
cans Act.".
of volunteer service required by paragraph (1).
"Sac. 110. Applications for assistance.
SEC. 392. EFFECTIVE DATE
the Director shall submit a plan to the relevant
"PART B-UNIVERSITY YEAR FOR VISTA
This subtitle shall become effective on October
authorizing and appropriations committees of
1. 1993.
"Sec. 111. Statement of purpose.
Congress that will detail what is necessary to
"Sec. 112. Authority to operate University Year
TITLE IV-TECHNICAL AND CONFORMING
fully meet this requirement.".
for VISTA program.
AMENDMENTS
SBC. 382. AUTHORIZATION OF APPROPRIATIONS
"Sec. 113. Special conditions.
SEC. 401. DEFINITIONS.
FOR TITLE
"PART C-SPECIAL VOLUNTEER PROGRAMS
Section 421 of the Domestic Volunteer Service
Section 502 (42 U.S.C. 5082) is amended to read
Act of 1973 (42 U.S.C. 5061) is amended
as follows:
"Sec. 121. Statement of purpose.
"Sec. 122. Authority to establish and operate
(1) by striking "and" at the end of paragraph
"SBC. ML NATIONAL SENTOR VOLUNTEER CORPE
"(a) RETIRED AND SENIOR VOLUNTEER PNO-
special volunteer and demonstra-
(6);
GRAM.-There are authorized to be appropriated
tion programs.
(2) by striking the period at the end of para-
"Sec. 123. Technical and financial assistance.
graph (7) and inserting a semicolon; and
to carry out part A of title 11, $45,000,000 for fir
"Sec. 125. Literacy challenge grants.
(3) by adding at the end the following new
cal year 1994. and such sums as may be nec-
paragraphs:
essary for each of the fiscal years 1995 and 1996.
"TITLE II-NATIONAL SENIOR VOLUNTEER
"(8) the term 'Corporation' means the Cor-
"(0) FOSTER GRANDPARENT PROGRAM.-There
CORPS
poration for National and Community Service
are authorized to be appropriated to carry out
"Sec. 200. Statement of purposes.
established under section 191 of the National
part B of title II. $85,000,000 for fiscal year 1994,
"PART A-RETIRED AND SENIOR VOLUNTEER
and Community Service Act of 1990;
and such sume as may be necessary for each of
PROORAM
''(9) the term 'foster grandparent' is a
the fiscal years 1995 and 1996.
"(c) SENIOR COMPANION PROGRAM.-There are
"Sec. 201. Grants and contracts for volunteer
volunteer in the Foster Grandparent Program:
''(10) the term 'Foster Grandparent Program'
authorized to be appropriated to carry out part
service projects.
means the program established under part B of
C of title II. $40,000,000 for flocal year 1994, and
"PART B-FOSTER GRANDPARENT PROGRAM
title II;
such
as may be nex
V for
1 of the
211. Grants
contracts for volunteer
"(11) except as provided in section 417, the
fiscal years 1 and
service projects.
term individual with a disability has the
n-
H6218
CONGRESSIONAL RECORD-HOUSE
August 5, 1993
ing given the term in section 7(8)(B) of the Re-
"Sec. 1094. Other programs of the Corporation
S&C. 404. DEFINITION OF DIRECTOR
habilitation Act of 1973 (29 U.S.C. 706(8)(B)):
for National and Community
Section 421 of the Domestic Volunteer Service
"(12) the term Inspector General' means the
Service.".
Act of 1973 (42 U.S.C. 5061) is amended by strik-
Inspector General of ACTION;
(b) NATIONAL AND COMMUNITY SERVICE ACT
ing paragraph (1) and inserting the following
(13) the term 'national senior volunteer'
OF 1990.-
new paragraph:
means a volunteer in the National Senior Vol-
(1) Sections 159(b)(2) (as redesignated in sec-
"(1) the term 'Director' means the Chief Erec-
unteer Corps:
tion 104(b)(3) of this Act) and 165 (as redesig-
utive Officer of the Corporation for National
"(14) the term 'National Senior Volunteer
nated in section 104(b)(3) of this Act), sub-
and Community Service appointed under section
Corps' means the programs established under
sections (a) and (b) of section 172. sections
193 of the National and Community Service Act
parts A. B. C. and E of title II;
176(a) and 177(c). and subsections (a). (b). and
of 1990;".
"(15) the term Retired and Senior Volunteer
(d) through (h) of section 179. of the National
SEC. 405. REFERENCES TO ACTION AND THE AC.
Program' means the program established under
and Community Service Act of 1990 (42 U.S.C.
TION AGENCY
part A of title 11;
12653h(b)(2). 12653n, 12632 (a) and (b). 12636(a).
(a) DOMESTIC VOLUNTEER SERVICE ACT OF
"(16) the term 'rettred or senior volunteer'
12637(c). and 12639 (a). (b). and (d) through (h))
1973.-
means a volunteer in the Retired and Senior
are each amended by striking the term "Com-
(1) Section 2(b) of the Domestic Volunteer
Volunteer Program:
mission" each place the term appears and in-
Service Act of 1973 (42 U.S.C. 4950(b)) is
"(17) the term 'sentor companion' means a
volunteer in the Senior Companion Program:
serting "Corporation".
amended-
(2) Sections 152, 157(b)(2). 162(a)(2)(C), 164.
(A) by striking "ACTION, the Federal domes-
''(18) the term 'Senior Companion Program'
and 166(1) of such Act (in each case, as redesig-
tic volunteer agency," and inserting "this Act":
means the program established under part C of
nated in section 104(b)(3) of this Act) (42 U.S.C.
and
title 11:
''(19) the terms 'VISTA' and 'Volunteers in
12653a. 12653f(b)(2), 12653k(a)(2)(C). 12653m. and
(B) by striking "ACTION shall" and inserting
"the Corporation for National and Community
Service to America' mean the program estab-
126530(1)) are each amended by striking "Com-
lished under part A of title 1: and
mission on National and Community Service"
Service shall".
"(20) the term VISTA volunteer' means a vol-
and inserting "Corporation".
(2) Section 103(b)(2)(A) of such Act (as amend-
unteer in VISTA.".
(3) Section 163(b)(9) of such Act (as redesio-
ed by section 323(b)(1)(A) of this Act) is amend-
nated in section 104(b)(3) of this Act) (42 U.S.C.
ed by striking "the ACTION Agency" the first
SEC. 403. REFERENCES TO THE COMMISSION ON
NATIONAL AND COMMUNITY SERV-
126351(b)(9)) is amended by striking "Chair of
place that such term appears and inserting "the
ICE
the Commission on National and Community
Corporation".
(a) NATIONAL DEFENSE AUTHORIZATION ACT
Service" and inserting "Chief Erecutive Offi-
(3) Section 103(b)(4) of such Act (as redestg-
nated by section 323(b)(3) of this Act) is amend-
FOR FISCAL YEAR 1993.-
cer".
(4) Section 303(a) of such Act (42 U.S.C.
ed by striking "the ACTION Agency" each
(1) Section 1092(b) of the National Defense
place that such appears and inserting "the Cor-
Authorization Act for Fiscal Year 1993 (42
12662(a)) is amended
(A) by striking "The President" and inserting
poration".
U.S.C. 12653a note) is amended-
(4) Section 103(c)(1)(D) of such Act is amended
(A) in paragraph (1)-
"The President, acting through the Corpora-
(1) by striking "Commission on National Com-
by striking "the ACTION Agency" and insert-
tion.".
munity Service" and inserting "Corporation for
ing "the Corporation".
(B) by inserting "in furtherance of activities
(5) Section 124(b) of such Act (as redesignated
National and Community Service": and
under section 302" after "section 501(b)": and
(11) by striking "Commission shall prepare"
by section 333(2) of this Act) is amended by
(C) by striking "the President" both places It
and inserting "Board of Directors of the Cor-
striking "the ACTION Agency" and inserting
appears and inserting "the Corporation".
poration shall prepare"; and
"the Corporation".
SEC. 403. REFERENCES TO DIRECTORS OF THE
(B) in paragraph (2). by striking "Board of
(6) Section 225(e) of such Act (42 U.S.C.
COMMISSION ON NATIONAL AND
Directors of the Commission on National and
5025(e)) is amended by striking "the ACTION
COMMUNITY SERVICE
Community Service" and inserting "Board of
Agency" and inserting "the Corporation".
(a) BOARD OF DIRECTORS-
Directors of the Corporation for National and
(7) Section 403(a) of such Act (42 U.S.C.
(1) Section 159(a) of such Act (as redesignated
5043(a)) is amended-
Community Service".
in section 104(b)(3) of this Act) (42 U.S.C.
(2) Section 1093(a) of such Act (42 U.S.C.
(A) by striking "the ACTION Agency" the
12653h(b)) is amended-
12653a note) is amended by striking "the Board
first place such term appears and inserting "the
(A) by striking "BOARD.-The Board" and in-
of Directors and Erecutive Director of the Com-
Corporation under this Act": and
serting 'SUPERVISION.-Th Chief Executive Of-
mission on National and Community Service"
(B) by striking "the ACTION Agency" the
ficer";
and inserting "the Board of Directors and Chief
second place such term appears and inserting
(B) by striking "the Board" in the matter pre-
Executive Officer of the Corporation for Na-
"the Corporation".
ceding paragraph (1). and in paragraph (1). and
(8) Section 408 of such Act (42 U.S.C. 5048) is
tional and Community Service".
inserting "the Chief Erecutive Officer"; and
(3) Section 1094 of such Act (Public Law 102-
amended by striking "the ACTION Agency"
(C) by striking "the Director" in paragraph
and inserting "the Corporation".
484: 106 Stat. 2535) is amended-
(1) and inserting "the Board".
(A) in the title. by striking "COMMISSION
(9) Section 416(f)(1) of such Act (42 U.S.C.
(2) Section 159(b) of such Act (as redesignated
ON NATIONAL AND COMMUNITY SERV.
5056(f)(1)) is amended by striking "ACTION
in section 104(b)(3) of this Act) (42 U.S.C.
ICE" and inserting "CORPORATION FOR
Agency" and inserting "Corporation".
12653h(b)) is amended by striking "(b)" and all
NATIONAL AND COMMUNITY SERVICE":
(10) Section 421(12) of such Act (as added by
that follows through "Commission on National
(B) in subsection (a)-
section 401 of this Act) is amended by striking
(1) in the heading. by striking "COMMISSION"
and Community Service" and inserting "(0)
"ACTION" and inserting "the Corporation".
MONITORING AND COORDINATION.-The Chief
and inserting "CORPORATION";
(11) Section 425 of such Act (as added by sec-
(11) in the first sentence, by striking "Commis-
Executive Officer".
tion 370 of this Act) is further amended by strik-
sion on National and Community Service". and
(3) Section 159(c)(1) (as redesignated in section
ing "ACTION" and inserting "the Corpora-
inserting "Corporation for National and Com-
104(b)(3) of this Act) (42 U.S.C. 12653h(c)(1)) is
tion'.
amended-
munity Service": and
(b) CIVIL SERVICE RETIREMENT SYSTEM.-Sec-
(iii) in the second sentence, by striking "The
(A) in subparagraph (A). by striking "the
tion 8332(j)(1) of title 5. United States Code (as
Commission" and inserting "The Chief Erecu-
Board, in consultation with the Executive Dt-
amended by section 371(a)(1)(A)(iii)(11) of this
tive Officer of the Corporation"; and
rector." and inserting "the Chief Erecutive Of-
Act) is amended by striking "the Director of AC-
(C) in subsection (b)-
Acer": and
TION" and inserting "the Chief Erecutive Offl-
(1) in paragraph (1). by striking "Board of DI-
(B) in subparagraph (B)(ii), by striking "the
CET of the Corporation for National and Commu-
rectors of the Commission on National and Com-
Board through the Executive Director" and in-
nity Service".
munity Service" and inserting "Chief Executive
serting "the Chief Erecutive Officer".
(c) PUBLIC HOUSING SECURITY.-Section 207(c)
Officer of the Corporation for National and
(4) Section 166(6) (as redesignated in section
of the Public Housing Security Demonstration
Community Service". and
104(b)(3) of this Act) (42 U.S.C. 12653o(6)) is
Act of 1978 (Public Law 95-557: 92 Stat. 2093; 12
(it) in paragraph (2). by striking "the Commis-
amended-
U.S.C. 17012-6 note) is amended-
sion" and inserting "the Chief Executive Officer
(A) by striking paragraph (6); and
(I) in paragraph (3)(ii). by striking "AC-
of the Corporation for National and Community
(B) by redesignating paragraphs (7) through
TION" and inserting "the Corporation for Na-
Service".
(11) as paragraphs (6) through (10). respectively.
tional and Community Service": and
(4) Section 1095 of such Act (Public Law 102-
(b) DIRECTOR OF CIVILIAN COMMUNITY
(2) in paragraph (4). by striking "ACTION"
484; 106 Stat. 2535) is amended in the heading
CORPS-Sections 155(a), 157(b)(1)(A), 158(a),
and inserting "the Corporation for National and
for subsection (b) by striking "COMMISSION ON
159(c)(1)(A). and 163(a) (in each case. as redes-
Community Service".
NATIONAL AND COMMUNITY SERVICE" and insert-
ignated in section 104(b)(3) of this Act) of the
(d) NATIONAL FOREST VOLUNTEERS.-Section 1
ing "CORPORATION FOR NATIONAL AND COMMU-
National and Community Service Act of 1990 (42
of the Volunteers in the National Forests Act of
NITY SERVICE".
U.S.C. 12653d(a). 12653((b)(1)(A), 12653g(a).
1972 (16 U.S.C. 558a) is amended by striking
(5) Section 2(b) of such Act (Public Law 102-
12653k(c)(1)(A). and 12653l(a)) are amended by
"ACTION" and inserting "the Corporation for
484: 106 Stat. 2315) is amended by striking the
striking "Director of the Civilian Community
National and Community Service".
item relating to section 1094 of such Act and in-
Corps" each place the term appears and insert-
(e) PEACE CORPS.-Section 2A of the Peace
serting the following:
ing "Director".
Corps Act (22 U.S.C. 2501-1) is amended by tn-
August 5, 1993
CONGRESSIONAL RECORD-HOUSE
H6219
serting after "the ACTION Agency" the follow-
by section 201 of this Act) is further amended by
NORMAN Y. MINETA.
ing: the successor to the ACTION Agency.".
striking "ACTION, or of the Corporation," and
NICK J. RAHALL.
(f) INDIAN ECONOMIC DEVELOPMENT.-Section
inserting "the Corporation".
JAMES A. TRAFICANT. Jr.,
502 of the Indian Financing Act of 1974 (25
(2) Subsection (1) of section 198 of such Act (as
Managers on the Part of the House.
U.S.C. 1542) is amended by striking "ACTION
amended by section 104(c) of this Act) is further
From the Committee on Labor and Human
Agency" and inserting "the Corporation for Na-
amended by striking "ACTION Agency" and in-
Resources:
tional and Community Service".
serting "Corporation".
EDWARD M. KENNEDY.
(g) OLDER AMERICANS.-The Older Americans
SEC. 408. EFFECTIVE DATE
CLAIBORNE PELL.
Act of 1965 is amended
(a) COMMISSION.-The amendments made by
HOWARD M. METZENBAUM.
(1) in section 202(c)(1) (42 U.S.C. 3012(c)(1)),
sections 401 through 402 will take effect on Oc-
CHRISTOPHER J. DODD.
by striking "the Director of the ACTION Agen-
tober 1. 1993.
cy" and inserting "the Corporation for National
(b) ACTION.-The amendments made by sec-
PAUL SIMON,
ToM HARKIN,
and Community Service";
tions 404 and 405 shall take effect on the effec-
JEFF BINGAMAN,
(2) in section 203(a)(1) (42 U.S.C. 3013(a)(1)).
tive date of section 203(c)(2).
PAUL WELLSTONE.
by striking "the ACTION Agency" and insert-
TITLE V-MISCELLANEOUS PROVISIONS
HARRIS WOFFORD.
ing "the Corporation for National and Commu-
SEC. 501. COMPLIANCE WITH BUY AMERICAN ACT.
JIM JEFFORDS.
nity Service": and
No funds appropriated pursuant to this Act
DAVE DURENBERGER.
(3) in section 422(b)(12)(C) (42 U.S.C.
(including the amendments made by this Act)
From the Committee on Governmental Af-
3035a(b)(12)(C)), by striking "the ACTION
may be expended by an entity unless the entity
fairs (with respect to those provisions within
Agency" and inserting "the Corporation for Na-
agrees that in expending the assistance the en-
the jurisdiction of that Committee):
tional and Community Service".
tity will comply with sections 2 through 4 of the
JOHN GLENN,
(h) VISTA SERVICE EXTENSION-Section
Act of March 3, 1933 (41 U.S.C. 10a-10c, popu-
DAVID PRYOR.
101(c)(1) of the Domestic Volunteer Service Act
larly known as the "Buy American Act").
Managers on the Part of the Senate.
Amendments of 1989 (Public Law 101-204; 103
SEC. 603. SENSE OF CONGRESS REQUIREMENT
Stat. 1810; 42 U.S.C. 4954 note) is amended by
REGARDING NOTICE.
JOINT EXPLANATORY STATEMENT OF
striking "Director of the ACTION Agency" and
(a) PURCHASE OF AMERICAN-MADE EQUIPMENT
THE COMMITTEE OF CONFERENCE
inserting "Chief Erecutive Officer of the Cor-
AND PRODUCTS.-In the case of any equipment
The managers on the part of the House and
poration for National and Community Service".
or product that may be authorized to be pur-
the Senate at the conference on the disagree-
(i) AGING RESOURCE SPECIALISTS.-Section
chased with financial assistance provided under
ing votes of the two Houses on the amend-
205(c) of the Older Americans Amendments of
this Act (including the amendments made by
ment of the Senate to the bill (H.R. 2010) to
1975 (Public Law 94-135; 89 Stat. 727; 42 U.S.C.
this Act), it is the sense of the Congress that en-
amend the National and Community Service
5001 note) is amended-
titles receiving such assistance should, in er-
Act of 1990 to establish a Corporation for Na-
(1) in paragraph (1)-
pending the assistance, purchase only Amer-
tional Service, enhance opportunities for na-
(A) by striking "the ACTION Agency." and
ican-made equipment and products.
tional service, and provide national service
inserting "the Corporation for National and
(b) NOTICE TO RECIPIENTS OF ASSISTANCE.-In
educational awards to persons participating
Community Service."; and
providing financial assistance under this Act
in such service, and for other purposes, sub-
(B) by striking "the Director of the ACTION
(including the amendments made by this Act),
mit the following joint statement to the
Agency" and inserting "the Chief Erecutive Of-
the Secretary of Education shall provide to each
House and the Senate in explanation of the
ficer of the Corporation";
recipient of the assistance a notice describing
effect of the action agreed upon the man-
(2) in paragraph (2)(A), by striking "ACTION
the statement made in subsection (a) by the
agers and recommended in the accompany-
Agency" and inserting "Corporation": and
Congress.
ing conference report:
(3) in paragraph (3), by striking subparagraph
SEC. 503. PROHIBITION OF CONTRACTS WITH
The Senate amendment struck all of the
(A) and inserting the following new subpara-
PERSONS FALSELY LABELING PROD-
House bill after the enacting clause and in-
graph:
UCTS AS MADE IN AMERICA.
serted a substitute text.
"(A) the term 'Corporation' means the Cor-
If it has been finally determined by a court or
The House recedes from its disagreement
poration for National and Community Service
Federal agency that any person intentionally
to the amendment of the Senate with an
established by section 191 of the National and
affired a label bearing a "Made in America" in-
amendment that is a substitute for the
Community Service Act of 1990.'
scription, or any inscription with the same
House bill and the Senate amendment. The
(j) PROMOTION OF PHOTOVOLTAIC ENERGY.-
meaning, to any product sold in or shipped to
differences between the House bill. the Sen-
Section 11(a) of the Solar Photovoltaic Energy
the United States that is not made in the United
ate amendment, and the substitute agreed to
Research, Development, and Demonstration Act
States, the person shall be ineligible to receive
in conference are noted below. except for
of 1978 (42 U.S.C. 5590) is amended by striking
any contract or subcontract made with funds
clerical corrections, conforming changes
"the Director of ACTION,".
appropriated to carry out this Act, pursuant to
(k) COORDINATING COUNCIL ON JUVENILE JUS-
made necessary by agreements reached by
the debarment, suspension, and ineligibility pro-
TICE-Section 206(a)(1) of the Juvenile Justice
the conferees, and minor drafting and cleri-
cedures described in sections 9.400 through 9.409
and Delinquency Prevention Act of 1974 (42
cal changes.
of title 48, Code of Federal Regulations.
The House bill is entitled "The National
U.S.C. 5616(a)(1)) is amended by striking "the
And the Senate agree to the same.
Service Trust Act." The Senate bill is enti-
Director of the ACTION Agency" and inserting
From the Committee on Education and
tled "The National and Community Service
"the Chief Erecutive Officer of the Corporation
Labor:
Trust Act." The House recedes.
for National and Community Service".
WILLIAM D. FORD.
(l) ENERGY CONSERVATION-Section 413(b)(1)
The findings of the Senate bill. but not the
AUSTIN J. MURPHY,
of the Energy Conservation and Production Act
House bill. include the goal of transcending
DALE E. KILDER,
(42 U.S.C. 6863(b)(1)) is amended by striking
gender, age, and income. in addition to race,
M.G. MARTINEZ,
"the Director of the ACTION Agency,".
religion. disability, and region. The House
MAJOR R. OWENS,
(m) INTERAGENCY COUNCIL ON THE HOME-
recedes.
STEVE GUNDERSON,
LESS.-Section 202(a) of the Stewart B. McKin-
The purposes of the Senate bill. but not
Additional conferees from the Committee on
ney Homeless Assistance Act (42 U.S.C. 11312(a))
the House bill. include certain additional
Government Operations:
is amended by striking paragraph (12) and in-
provisions. The Senate recedes.
JOHN CONYERS. Jr.,
serting the following new paragraph:
TITLE I-PROGRAMS AND RELATED PROVISIONS
"(12) The Chief Erecutive Officer ofthe Cor-
CARDISS COLLINS,
The House bill. but not the Senate bill. re-
poration for National and Community Service,
HENRY A. WAXMAN,
tains Subtitle C of the National and Commu-
or the designee of the Chief Brecutive Officer.
Additional conferees from the Committee on
nity Service Act and renames it Subtitle I.
(n) ANTI-DRUG ABUSE.Section 3601 of the
the Judiciary:
The Senate recedes with amendments con-
Anti-Drug Abuse Act of 1988 (42 U.S.C. 11851) is
JACK BROOKS,
amended by striking paragraph (5) and insert-
JOHN BRYANT,
forming Subtitle I to the new legislation.
ing the following new paragraph:
ROBERT C. SCOTT.
SUBTITLE C-NATIONAL SERVICE TRUST
Additional conferees from the Committee on
PROGRAM
"(5) the term 'Director' means the Chief Erec-
Natural Resources:
The Senate bill. but not the House bill. ref-
utive Officer of the Corporation for National
and Community Service,".
GEORGE MILLER,
erences labor organizations and community
(o) ADMINISTRATION ON CHILDREN, YOUTH,
BRUCE F. VENTO.
action agencies as a modifier of public and
AND FAMILIES.-Section 916(b) of the Claude
Additional conferees from the Committee on
private not-for-profit organizations. The
Pepper Young Americans Act of 1990 (42 U.S.C.
Post Office and Civil Service:
Senate recedes here and throughout and con-
12312(b)) is amended by striking "the Director of
WILLIAM L. CLAY.
solidates the references into the definitions.
the ACTION Agency" and inserting "the Chief
PAT SCHROEDER,
The Senate bill. but not the House bill. re-
Executive Officer of the Corporation for Na-
FRANK MCCLOSKEY.
quires Federal agencies to enter into con-
tional and Community Service".
JOHN T. MYERS.
tracts with local providers where appro-
(D) NATIONAL AND COMMUNITY SERVICE.-
CONNTE MORELLA,
priate. The House recedes.
(1) Subsection (1) of section 178 of the National
Additional conferees from the Committee on
The Senate bill requires a 50 percent
and Community Service Act of 1990 (as amended
Public Works and Transportation:
matching requirement from Federal agen-
MEMORANDUM ON POST-SERVICE BENEFITS
August 7, 1993
As stated in the Notice of Funds Availability (NOFA) and in the terms of
your grant for Summer of Service, the post-service benefit can be used for
"education and training." This requirement was stated very generally in
order to give local programs maximum flexibility provided that programs
"have the capacity to assure appropriate payment of post-service benefits and
to ensure that they are used for education and training purposes."
The following memo responds to several frequently asked questions with
regard to the administration of the post-service benefit:
1)
For what purpose can the post-service benefit be used?
The post-service benefit of $1,000 will be paid out by the local program or by
the grantee after the program has ceased operation. The benefit need not be
awarded in one lump sum and can be used for a) tuition, b) educational and
training expenses, and c) educational loan repayment, for any accredited
institution of education or training, including but not limited to, public or
private colleges, community colleges, vocational schools, night schools,
graduate schools, GED courses and apprenticeship schools. 1 In general,
programs have the responsibility to ensure that funds for post-service benefits
are spent in accordance with the grant award. The following is provided as
guidance:
a) tuition: Checks for tuition can be made out in three ways: 1) tu
participants directly, 2) to educational or training institutions on
behalf of a participant, or 3) to both a participant and an institution. In
order to assist in guarding against misuse of government funds, a
check may be written to a participant for tuition upon written
verification of attendance at an educational or training institution and
upon receipt of a signed statement that the money is being used
exclusively for education and training. A sample form which can be
used for this purpose is attached. Programs may need to follow this
procedure with verification of attendance or course completion.
b) other educational and training expenses The post-service benefit
may be used for other educational and training expenses. Program
1 Please note the phrase "Including but not limited to." This definition allows for flexibility
and relies on the good jud gment of program directors to determine appropriate uses of taxpayer
money for "education and training."
directors do have latitude in determining appropriate educational and
training expenses. But we suggest that program directors abide by the
definition of "educational expenses" as outlined in the National and
Community Service Act of 1990, as amended; the definition allows for
use of the educational award for the cost of full-time attendance at an
institution of higher education. Tuition, educational books, room,
board, fees and other costs associated with attendance as defined by the
Higher Education Act of 1965 are included. For example, program
directors do not necessarily have to write checks directly to a university
bookstore. If a participant can furnish appropriate receipts and can
show proof of attendance at an educational institution, a program
could certainly reimburse the participant directly.
c) educational loan repayment Programs have the option of writing
checks to holders of loans in the names of SOS participants, thus
reducing the amount of the loan. Programs may also write checks to
participants directly for the purposes of educational loan repayment
consistent with the written requirements of verification of the loan
and upon receipt of a statement of use.
Several program directors have asked specific questions as to other uses of the
post-service benefit. Several examples of appropriate uses of benefits, in
addition to the three categories outlined above, include:
post-graduate college preparatory school tuition
a GED course
a LSAT preparation course
a job training course
a computer training and repair course
an apprenticeship program
professional tutoring
Examples of inappropriate uses include:
a firearms training course
a weight loss program
a health club membership
dance or hobby lessons
the purchase of an automobile for transportation
2)
How does the post-service benefit affect financial aid?
In terms of the impact the benefit has on financial aid, we have requested a
ruling from the Department of Education as to whether the SOS post-service
benefit counts as "available income" for the purposes of federal financial aid
(Pell Grants and Stafford loans). The ruling will depend on the new language
of the President's National Service legislation. We will let you know the
results of the ruling as soon as we receive it.
Please note that it is the prerogative of the institution where the participant is
enrolled for education or training to determine whether the post-service
benefit counts as "available income" for other types of non-federal financial
aid such as private or state sponsored grants and loans. The Commission
strongly encourages institutions not to decrease a student's financial aid
awards based on the $1,000 post-service benefit. We are working with the
White House on a letter that urges educational institutions not to deduct the
SOS post-service benefit from financial aid.
3)
Is the post-service benefit exempt from taxes as income?
The Internal Revenue Service will make the final decision regarding
taxability. A section of the IRS code allows for such "scholarships" to be tax
exempt "when not awarded in exchange for services rendered, and when
used for certain permissible educational purposes." Unfortunately, in this
case, the award is likely to be treated as "in exchange for services rendered,"
and therefore subject to taxation. We will seek confirmation of this by the
IRS including a ruling whether the benefit is taxed when earned or when
used.
4)
Within what time period must the post-service benefit be used?
As stated in the grant award letter, post-service benefits must be used by
February 28, 1995. Requests for exceptions to this deadline must be made in
writing to the General Counsel of the Commission, or after October 1. 1993, to
the General Counsel of the Corporation for National Service.
THE WHITE HOUSE
WASHINGTON
August 24, 1993
Dear Financial Aid Administrator:
As you may know, Summer of Service (SOS) was the President's pilot national service program - the
first step on the road to national service. SOS operated in 11 cities this summer and was an immediate
initiative designed to meet the critical needs of children at-risk. The 1,475 participants in the Summer of
Service (ages 17-25) served their country and their communities in a wide variety of service projects
ranging from immunizing inner-city infants to tutoring and mentoring at-risk middle school students.
Participants in SOS received a post-service benefit of $1,000 to be used for "education and training."
(Notice of Funds Availability, 58 Fed. Reg. 12990, March 8, 1993) The benefit is administered and
disbursed by each program on behalf of each participant and cannot be used by a participant after
February 28, 1995.
According to the National and Community and Service Act of 1990, as amended, post-service benefits
received by SOS participants are not to be counted as income for purposes of determining eligibility for
the Title IV, federal student financial assistance programs. 42 U.S.C. §12641(a). Under the law currently
in effect, the post-service benefit is treated as financial assistance from non-Title IV sources in
determining a student's eligibility for the campus-based (Federal Perkins loans, Federal Work-Study and
Federal Supplemental Educational Opportunity Grant) programs and the Federal Family Education Loan
program. The post-service benefit does not affect a student's eligibility for a Federal Pell Grant.
However, the National and Community Service Trust Act of 1993 (NCSTA), expected to be passed by
Congress and signed into law by President Clinton after Congress returns from its recess in early
September, would change the law by providing that the post-service benefit not be treated as a source of
financial assistance for purposes of determining a student's eligibility for any Title IV program. The Act
also would continue to exclude the post-service benefit from inclusion in the student's income.
Consequently, students who redeem their post-service benefits after enactment of the National and
Community Service Trust Act of 1993 would not have their award under any Title IV programs reduced
by the amount of the post-service benefit. Further, after NCSTA is enacted, we would encourage
financial aid officers to review the financial aid package of SOS participants who are receiving federal
student aid to determine whether any adjustments should be made to their aid package.
We also encourage educational or training institutions in which a SOS participant is enrolled to disregard
the $1,000 post-service benefit in awarding student financial aid from non-federal sources. This will give
the SOS educational award its intended effect of benefiting each participant, consistent with the policy
expressed in the pending National and Community Service Trust Act of 1993. If you have any questions,
please feel free to call the Department of Education regional office that serves your state. Thank you.
Sincerely,
Daik Richard Riley Reley
Eli J. Segal
Secretary of Education
Assistant to the President and
Director, White House Office of National Service