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National Service
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Shirley Sagawa
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66
2
6
2
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
103D CONGRESS
1ST SESSION
S.
IN THE SENATE OF THE UNITED STATES
introduced the following bill; which was read twice and
referred to the Committee on
A
BILL
To amend the National and Community Service Act of 1990
to establish a Corporation for National Service, enhance
opportunities for national service, and provide national
service educational awards to persons participating in
such service, and for other purposes.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
4
(a) SHORT TITLE.-This Act may be cited as the
5 "National Service Trust Act of 1993".
6
(b) TABLE OF CONTENTS.-The table of contents is
7 as follows:
Sec. 1. Short title; table of contents.
TITLE I-PROGRAMS
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
2
Sec. 101. Federal investment in support of national service.
Sec. 102. National Service Trust and provision of national service educational
awards.
Sec. 103. Amendments to programs for students and out-of-school youth.
Sec. 104. Quality and innovation activities.
Sec. 105. Definitions.
TITLE II-ORGANIZATION
Sec. 201. State Commissions on National Service.
TITLE III-HIGHER EDUCATION
Sec. 301. Higher education.
TITLE IV-REAUTHORIZATION
Subtitle A-National and Community Service Act of 1990
Sec. 401. Authorization of appropriations.
Subtitle B-Domestic Volunteer Service Act of 1973
Sec. 411. Short title; references.
CHAPTER 1-VISTA AND OTHER ANTI-POVERTY PROGRAMS
Sec. 421. Purpose of the VISTA program.
Sec. 422. Selection and assignment of VISTA volunteers.
Sec. 423. Terms and periods of service.
Sec. 424. Support for VISTA volunteers.
Sec. 425. Participation of younger and older persons.
Sec. 426. Literacy activities.
Sec. 427. Applications for assistance.
Sec. 428. Repeal of authority for student community service programs.
Sec. 429. University year for VISTA.
Sec. 430. Authority to establish and operate special volunteer and demonstra-
tion programs.
Sec. 431. Technical and financial assistance.
Sec. 432. Elimination of separate authority for drug abuse programs.
CHAPTER 2-NATIONAL SENIOR VOLUNTEER CORPS
Sec. 441. National Senior Volunteer Corps.
Sec. 442. The Retired and Senior Volunteer Program.
Sec. 443. Operation of the Retired and Senior Volunteer Program.
Sec. 444. Services under the Foster Grandparent Program.
Sec. 445. Stipends for low-income volunteers.
Sec. 446. Participation of non-low-income persons under parts B and C.
Sec. 447. Conditions of grants and contracts.
Sec. 448. Evaluation of the Senior Companion Program.
Sec. 449. Agreements with other Federal agencies.
Sec. 450. Programs of national significance.
Sec. 451. Adjustments to Federal financial assistance.
Sec. 452. Arrangements with private, profit-making organizations.
Sec. 453. Demonstration programs.
CHAPTER 3-ADMINISTRATION
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
3
Sec. 461. Purpose of agency.
Sec. 462. Authority of the Director.
Sec. 463. Compensation for volunteers.
Sec. 464. Repeal of report on annual recruitment plan.
Sec. 465. Application of Federal law.
Sec. 466. Evaluation of programs.
Sec. 467. Nondiscrimination provisions.
Sec. 468. Elimination of separate requirements for setting regulations.
Sec. 469. Clarification of role of Inspector General.
Sec. 470. Copyright protection.
Sec. 471. Center for research and training.
Sec. 472. Deposit requirement credit for service as a volunteer.
CHAPTER 4-AUTHORIZATION OF APPROPRIATIONS AND OTHER
AMENDMENTS
Sec. 481. Authorization of appropriations for title I.
Sec. 482. Authorization of appropriations for title II.
Sec. 483. Authorization of appropriations for title IV.
Sec. 484. Conforming amendments; compensation for VISTA FECA claimants.
Sec. 485. Repeal of authority for Youthbuild Program.
Sec. 486. Effective date.
TITLE V-TECHNICAL AND CONFORMING AMENDMENTS
Sec. 501. Definition of Director.
Sec. 502. References to ACTION and the ACTION Agency in the national
service laws.
Sec. 503. References to ACTION and the ACTION Agency in other laws.
Sec. 504. Definition of Corporation.
Sec. 505. References to Commission.
Sec. 506. Effective date.
1
TITLE I-PROGRAMS
2 SEC. 101. FEDERAL INVESTMENT IN SUPPORT OF NA-
3
TIONAL SERVICE.
4
(a) ASSISTANCE PROGRAM AUTHORIZED.-Subtitle C
5 of title I of the National and Community Service Act of
6 1990 (42 U.S.C. 12541 et seq.) is amended to read as
7 follows:
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
4
1
"Subtitle C-National Service
2
Program
3
"PART I-INVESTMENT IN NATIONAL SERVICE
4 "SEC. 121. AUTHORITY TO PROVIDE ASSISTANCE TO NA-
5
TIONAL SERVICE PROGRAMS.
6
"(a) GRANTS.-The Corporation may make grants to
7 States, subdivisions of States, Indian tribes, public and
8 private nonprofit organizations, and institutions of higher
9 education for the purpose of—
10
"(1) assisting the recipients of the grants to
11
carry out full- or part-time national service pro-
12
grams, including summer programs, and make
13
grants in support of national service programs car-
14
ried out by other entities; and
15
"(2) providing national service educational
16
awards described in subtitle D to the participants
17
who serve in such programs.
18
"(b) AGREEMENTS WITH FEDERAL AGENCIES.-The
19 Corporation may enter into a contract or cooperative
20 agreement with another Federal agency to support a na-
21 tional service program carried out by the agency. The sup-
22 port provided by the Corporation pursuant to the contract
23 or cooperative agreement may include—
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
5
1
"(1) the transfer to the Federal agency of
2
funds available to the Corporation under this part;
3
and
4
"(2) the provision of national service edu-
5
cational awards described in subtitle D to the par-
6
ticipants who serve in the supported program.
7
"(c) LIMITATION ON ADMINISTRATIVE Costs.-The
8 recipient of a grant or transfer of assistance under this
9 section may not use more than 5 percent of the amount
10 of the assistance to cover administrative costs incurred by
11 the recipient with respect to the assistance, including costs
12 to administer any grant program using the assistance in
13 support of other national service programs.
14 "SEC. 122. TYPES OF NATIONAL SERVICE PROGRAMS ELIGI-
15
BLE FOR PROGRAM ASSISTANCE.
16
"(a) ELIGIBLE NATIONAL SERVICE PROGRAMS.-
17 The recipient of a grant under section 121(a) and each
18 Federal agency receiving assistance under subsection
19 121(b) shall use the assistance, directly or through
20 subgrants to other entities, to carry out full- or part-time
21 national service programs, including summer programs,
22 that address unmet human, educational, environmental, or
23 public safety needs. Subject to subsection (b)(1), these na-
24 tional service programs may include the following types
25 of national service programs:
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
6
1
"(1) A community corps program that meets
2
unmet human, educational, environmental, or public
3
safety needs and promotes greater community unity
4
through the use of organized teams of participants
5
of varied social and economic backgrounds, skill lev-
6
els, physical capabilities, ages, ethnic backgrounds,
7
or genders to
8
"(2) A youth corps program (such as a con-
9
servation corps, a program that performs service on
10
Federal or other public lands or waters or on Indian
11
lands, or a youth service corps program) that-
12
"(A) meets unmet needs in a natural re-
13
source or human services setting;
14
"(B) gives participants a mix of work ex-
15
perience, basic and life skills, leadership train-
16
ing, education (which may include the use of
17
service-learning methods and shall include edu-
18
cational programs to enable school dropouts to
19
earn a high school diploma or its equivalent),
20
career guidance and counseling, employment
21
training, and support services; and
22
"(C) includes out-of-school youths as par-
23
ticipants.
24
"(3) A program that provides specialized train-
25
ing to individuals in service-learning and places the
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
7
1
individuals after such training in positions, including
2
positions as service-learning coordinators, to facili-
3
tate service-learning in programs eligible for funding
4
under subtitle B.
5
"(4) A service program targeted at specific
6
unmet human, educational, environmental, or public
7
safety needs that-
8
"(A) recruits individuals with special skills
9
or provides specialized preservice training to en-
10
able participants to be placed individually or in
11
teams in positions in which the participants can
12
meet such unmet needs;
13
"(B) brings participants together for addi-
14
tional training and other activities designed to
15
foster civic responsibility, increase the skills of
16
participants, and improve the quality of the
17
service provided.
18
"(5) An individualized placement program that
19
includes regular group activities, such as leadership
20
training and special service projects.
21
"(6) A campus-based program that is designed
22
to provide substantial service in a community during
23
the school year and during summer or other vaca-
24
tion periods through the use of-
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
8
1
"(A) students who are attending an insti-
2
tution of higher education, including students
3
supported by work-study funds;
4
"(B) teams composed of such students; or
5
"(C) teams composed of a combination of
6
such students and community residents or rep-
7
resentatives of the institution.
8
"(7) A preprofessional training program in
9
which students enrolled in an institution of higher
10
education—
11
"(A) receive training in specified fields,
12
which may include classes containing service-
13
learning;
14
"(B) perform service related to such train-
15
ing outside the classroom during the school
16
year and during summer or other vacation peri-
17
ods; and
18
"(C) agree upon graduation to provide
19
service to meet unmet human, educational, en-
20
vironmental, or public safety needs related to
21
such training.
22
"(8) A professional corps program that recruits
23
and places qualified participants in positions-
24
"(A) as teachers, nurses, police officers,
25
early childhood development staff, or other pro-
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
9
1
fessionals providing educational, human service,
2
environmental, or public safety service in com-
3
munities with an inadequate number of such
4
professionals;
5
"(B) that may include a salary in excess of
6
the maximum living allowance authorized in
7
subsection (a)(3) of section 140, as provided in
8
subsection (b) of such section; and
9
"(B) that are sponsored by public or pri-
10
vate nonprofit employers who agree to pay 100
11
percent of the salaries and awards (other than
12
any national service educational award under
13
subtitle D) of the participants.
14
"(9) A program in which economically dis-
15
advantaged individuals who are 16 to 24 years of
16
age, inclusive, are provided with opportunities to
17
perform service that, while enabling such individuals
18
to obtain the education and employment skills nec-
19
essary to achieve economic self-sufficiency, will help
20
their communities meet-
21
"(A) the housing needs of low-income fam-
22
ilies and the homeless; and
23
"(B) the need for community facilities in
24
low-income areas.
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
10
1
(10) A national service entrepreneur program
2
that identifies, recruits, and trains gifted young
3
adults of all backgrounds and assists them in de-
4
signing solutions to community problems.
5
"(11) An intergenerational program that com-
6
bines students, out-of-school youths, and older
7
adults as participants to provide needed community
8
services.
9
"(12) Such other national service programs ad-
10
dressing unmet human, educational, environmental,
11
or public safety needs as the Corporation may des-
12
ignate.
13
"(b) QUALIFICATION CRITERIA TO DETERMINE ELI-
14 GIBILITY.-
15
"(1) ESTABLISHMENT BY CORPORATION.-The
16
Corporation shall establish qualification criteria for
17
different types of national service programs for the
18
purpose of determining whether a particular national
19
service program should be considered to be a na-
20
tional service program eligible to receive assistance
21
or national service educational positions under this
22
subtitle. To obtain advice in establishing the quali-
23
fication criteria, the Corporation may convene panels
24
of individuals who are experts regarding national
25
service or regarding the delivery of human, edu-
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
11
1
cational, environmental, and public safety services to
2
communities and persons.
3
"(2) APPLICATION TO SUBGRANTS.-The quali-
4
fication criteria established by the Corporation under
5
this subsection shall also be used by each recipient
6
of funds under section 121 that uses any portion of
7
the assistance to conduct a grant program to sup-
8
port other national service programs.
9
"(c) NATIONAL SERVICE PRIORITIES.-
10
"(1) ESTABLISHMENT BY CORPORATION.-In
11
order to concentrate national efforts on resolving
12
certain unmet human, educational, environmental, or
13
public safety needs, the Corporation may establish,
14
and periodically alter, priorities regarding the types
15
of national service programs to be assisted under
16
section 121 and the purposes for which such assist-
17
ance may be used.
18
"(2) NOTICE TO APPLICANTS.-The Corpora-
19
tion shall provide advance notice to potential appli-
20
cants of any national service priorities to be in effect
21
under this subsection for a fiscal year. The notice
22
shall specifically include-
23
"(A) a description of any alteration made
24
in the priorities since the previous notice; and
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
12
1
"(B) a description of the national service
2
programs that are designated by the Corpora-
3
tion under section 133(c)(2) as eligible for pri-
4
ority consideration in the next competitive dis-
5
tribution of Corporation funds under section
6
121.
7
"(3) APPLICATION TO SUBGRANTS.-Any na-
8
tional service priorities established by the Corpora-
9
tion under this subsection shall also be used by each
10
recipient of funds under section 121 that uses any
11
portion of the assistance to conduct a grant program
12
to support other national service programs.
13 "SEC. 123. TYPES OF NATIONAL SERVICE POSITIONS ELIGI-
14
BLE FOR APPROVAL FOR NATIONAL SERVICE
15
EDUCATIONAL AWARDS.
16
"The Corporation may approve of any of the follow-
17 ing national service positions as a national service position
18 that includes the national service educational award de-
19 scribed in subtitle D:
20
"(1) A position for a participant in a national
21
service program described in section 122(a) that re-
22
ceives assistance under section 121.
23
"(2) A position for a participant in a program
24
that-
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
13
1
"(A) is carried out by a State, a subdivi-
2
sion of a State, an Indian tribe, a public or pri-
3
vate nonprofit organization, an institution of
4
higher education, or a Federal agency; and
5
"(B) would be eligible to receive assistance
6
under section 121 but has not applied for such
7
assistance.
8
"(3) A position involving service as a VISTA
9
volunteer under title I of the Domestic Volunteer
10
Service Act of 1973 (42 U.S.C. 4951 et seq.).
11
"(4) A position involving service as a service-
12
learning coordinator in a program that receives as-
13
sistance under subtitle B.
14
"(5) A position for a participant in the Civilian
15
Community Corps under subtitle E.
16
"(6) A position involving service on the staff of
17
a national service program receiving an approved na-
18
tional service position.
19
"(7) A position involving service as an employee
20
in certain positions that are created by a govern-
21
mental entity or a public or private nonprofit organi-
22
zation and meet human, educational, environmental,
23
or public safety needs if the position-
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
14
1
"(A) is unlikely to be filled in the next 6
2
months due to a shortage of qualified appli-
3
cants; and
4
"(B) is located in a community designated
5
as a enterprise zone or redevelopment area or
6
otherwise targeted for special economic incen-
7
tives, an area that is environmentally dis-
8
tressed, or an area adversely affected by reduc-
9
tions in defense spending or the closure or re-
10
alignment of a military installation.
11
"(8) Such other national service positions as
12
the Corporation considers to be appropriate.
13 "SEC. 124. TYPES OF PROGRAM ASSISTANCE.
14
"(a) PLANNING ASSISTANCE.-The Corporation may
15 provide assistance under section 121 to a qualified appli-
16 cant that submits an application under section 130 for the
17 planning of a national service program. Assistance pro-
18 vided under this subsection may cover a period of not more
19 than 1 year.
20
"(b) OPERATIONAL ASSISTANCE.-The Corporation
21 may provide assistance under section 121 to a qualified
22 applicant that submits an application under section 130
23 for the establishment, operation, or expansion of a na-
24 tional service program. Assistance provided under this
25 subsection may cover a period of not more than 3 years,
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
15
1 but may be renewed by the Corporation upon consider-
2 ation of a new application under section 130.
3
"(c) REPLICATION ASSISTANCE.-The Corporation
4 may provide assistance under section 121 to a qualified
5 applicant that submits an application under section 130
6 for the expansion of a proven national service program to
7 another geographical location. Assistance provided under
8 this subsection may cover a period of not more than 3
9 years, but may be renewed by the Corporation upon con-
10 sideration of a new application under section 130.
11
"(d) LIMITATION ON ADMINISTRATIVE Costs.-Ex-
12 cept in the case of assistance described in subsection (a),
13 any national service program established, operated, ex-
14 panded, or replicated using assistance provided under sec-
15 tion 121 and any national service program supported by
16 a grant made using such assistance may not use more
17 than 5 percent of the amount of such assistance to cover
18 administrative costs.
19
"(e) APPLICATION TO SUBGRANTS.-The require-
20 ments of this section shall apply to any State or other
21 applicant receiving assistance under section 121 that pro-
22 poses to conduct a grant program using the assistance to
23 support other national service programs.
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
16
1 "SEC. 125. TRAINING AND TECHNICAL ASSISTANCE.
2
"(a) TRAINING PROGRAMS.-The Corporation may
3 conduct, directly or by grant or contract, appropriate
4 training programs regarding national service in order to—
5
"(1) improve the ability of national service pro-
6
grams assisted under section 121 to meet human,
7
educational, environmental, or public safety needs in
8
communities where services are needed most and
9
where programs do not currently exist or are cur-
10
rently too limited to meet community needs;
11
"(2) promote leadership development in such
12
programs;
13
"(3) improve the instructional and pro-
14
grammatic quality of such programs to build an
15
ethic of successful and lifelong national and commu-
16
nity service;
17
"(4) develop the management and budgetary
18
skills of program operators; and
19
"(5) improve the training provided to the par-
20
ticipants in such programs.
21
"(b) TECHNICAL ASSISTANCE.-The Corporation
22 shall make appropriate technical assistance available to
23 States and other applicants that desire to develop national
24 service programs and to apply for assistance under section
25 121 or under a grant program conducted using assistance
26 provided under such section.
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
17
1 "SEC. 126. OTHER SPECIAL ASSISTANCE.
2
"(a) SUPPORT FOR STATE COMMISSIONS.-The Cor-
3 poration may make assistance available to assist a State
4 to establish or operate a State Commission on National
5 Service required to be established by the State under sec-
6 tion 178.
7
"(b) DISASTER SERVICE.-The Corporation may un-
8 dertake activities to involve youth corps programs de-
9 scribed in section 122(a)(2) and other programs that re-
10 ceive assistance under a national service law in disaster
11 relief efforts.
12
"(c) CHALLENGE GRANTS FOR NATIONAL SERVICE
13 PROGRAMS.-The Corporation may make challenge grants
14 to a national service program that receives assistance
15 under section 121 and is designated as a high-quality
16 model program by the Corporation. The challenge grant
17 may provide $1 of assistance under this subsection for
18 each $1 raised by the national service program from pri-
19 vate sources up to such ceiling as the Corporation may
20 establish.
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
18
1
"PART II-APPLICATION AND APPROVAL
2
PROCESS
3 "SEC. 129. PROVISION OF ASSISTANCE AND APPROVED NA-
4
TIONAL SERVICE POSITIONS BY COMPETI-
5
TIVE AND OTHER MEANS.
6
"(a) ALLOTMENTS OF ASSISTANCE AND APPROVED
7 POSITIONS TO STATES AND INDIAN TRIBES.-
8
"(1) 30 PERCENT ALLOTMENT OF ASSIST-
9
ANCE.-Of the funds appropriated to the Corpora-
10
tion to provide assistance under section 121 for a
11
fiscal year, the Corporation shall make a grant
12
under such section to each of the several States, the
13
District of Columbia, and the Commonwealth of
14
Puerto Rico. The amount allotted as a grant to each
15
such State under this paragraph for a fiscal year
16
shall be equal to the amount that bears the same
17
ratio to 30 percent of the funds appropriated to
18
carry out this part for that fiscal year as the popu-
19
lation of the State bears to the total population of
20
the several States, the District of Columbia, and the
21
Commonwealth of Puerto Rico.
22
"(2) ONE PERCENT ALLOTMENT OF ASSIST-
23
ANCE.-Of the funds appropriated to the Corpora-
24
tion to provide assistance under section 121 for a
25
fiscal year, the Corporation shall reserve 1 percent
26
of such appropriated funds for grants under such
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
19
1
section to Indian tribes, the Virgin Islands, Guam,
2
American Samoa, and the Commonwealth of the
3
Northern Mariana Islands, to be allotted in accord-
4
ance with their respective needs, as determined by
5
the Corporation. Palau shall also be eligible for an
6
allotment under this paragraph until such time as
7
the Compact of Free Association with Palau is rati-
8
fied.
9
"(3) CORRESPONDING ALLOTMENT OF AP-
10
PROVED POSITIONS.-A State or Indian Tribe that
11
receives an allotment under paragraph (1) or (2) for
12
a fiscal year shall also receive a number of approved
13
national service positions in an amount that bears
14
the same ratio to the total number of approved na-
15
tional service positions to be available for that fiscal
16
year (excluding positions reserved for Corporation
17
programs under subsection (b)) as the amount of as-
18
sistance provided to the State or Indian Tribe under
19
paragraph (1) or (2) bears to the total of the funds
20
appropriated to the Corporation to provide assist-
21
ance under section 121 for that fiscal year.
22
"(4) EFFECT OF FAILURE TO APPLY.-If a
23
State fails to apply for an allotment under para-
24
graph (1), the Corporation may use the amount that
25
would have been provided under such paragraph,
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
20
1
and the approved national service positions cor-
2
responding to the allotment, to make grants to sub-
3
divisions of the State, public and private nonprofit
4
organizations, and institutions of higher education in
5
the State that propose to carry out national service
6
programs in the State.
7
"(b) RESERVATION OF APPROVED POSITIONS FOR
8 CORPORATION POSITIONS.-
9
"(1) NUMBER RESERVED.-Except as provided
10
in paragraph (2), the Corporation shall ensure that
11
each individual selected during a fiscal year for as-
12
signment as a VISTA volunteer under title I of the
13
Domestic Volunteer Service Act of 1973 (42 U.S.C.
14
4951 et seq.) or as a participant in the Civilian
15
Community Corps Demonstration Program under
16
subtitle E shall receive the national service edu-
17
cational award described in subtitle D if the individ-
18
ual satisfies the eligibility requirements for the
19
award. The number of approved national service po-
20
sitions required by this paragraph for a fiscal year
21
shall be deducted from the total number of approved
22
national service positions to be available for distribu-
23
tion under subsection (a) or (c) for that fiscal year.
24
"(2) EXCEPTION.-If the total number of ap-
25
proved national service positions to be available for
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
21
1
distribution for a fiscal year does not exceed 200
2
percent of the number of such positions that would
3
be required to satisfy paragraph (1) for that fiscal
4
year, the Corporation shall not reserve the national
5
service educational award for individuals described
6
in such paragraph who are selected during that fis-
7
cal year.
8
"(c) RESERVATION FOR SPECIAL ASSISTANCE.-Of
9 the funds appropriated to the Corporation to provide as-
10 sistance under section 121 for a fiscal year, the Corpora-
11 tion shall use not less than
percent of such appro-
12 priated funds to make assistance available under section
13 126. [What about training and technical assist-
14 ance under section 125?]
15
"(d) COMPETITIVE DISTRIBUTION OF REMAINING
16 FUNDS AND APPROVED POSITIONS.-
17
"(1) STATE COMPETITION.-Of the funds ap-
18
propriated to the Corporation to provide assistance
19
under section 121 for a fiscal year, the Corporation
20
shall use not less than 20 percent of such appro-
21
priated funds to make grants to States on a com-
22
petitive basis under section 121. Of the total number
23
of approved national service positions to be available
24
under this section for a fiscal year (excluding posi-
25
tions reserved for Corporation programs under sub-
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
22
1
section (b)), the Corporation shall distribute not less
2
than 20 percent of such positions to States on a
3
competitive basis.
4
"(2) FEDERAL AGENCIES AND OTHER APPLI-
5
CANTS.-The Corporation shall distribute on a com-
6
petitive basis to subdivisions of States, Indian tribes,
7
public and private nonprofit organizations, institu-
8
tions of higher education, and Federal agencies-
9
"(A) the remainder of the funds appro-
10
priated to provide assistance under section 121
11
for a fiscal year, after operation of paragraph
12
(1) and subsections (a) and (c); and
13
"(B) the remainder of the approved na-
14
tional service positions to be available under
15
this section for a fiscal year, after operation of
16
paragraph (1) and subsections (a) and (b).
17
"(e) APPLICATION REQUIRED.-The allotment of as-
18 sistance and approved national service positions to a State
19 under subsection (a), and the competitive distribution of
20 assistance and approved national service positions under
21 subsection (c), shall be made by the Corporation only pur-
22 suant to an application submitted by a State or other ap-
23 plicant under section 130 and approved by the Corpora-
24 tion under section 133.
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
23
1
"(f) DISTRIBUTION OF APPROVED POSITIONS SUB-
2 JECT TO AVAILABLE FUNDS.-The Corporation may not
3 distribute approved national service positions under this
4 section for a fiscal year in excess of the number of such
5 positions for which the Corporation has sufficient available
6 funds in the National Service Trust for that fiscal year
7 to satisfy the maximum possible obligations likely to be
8 incurred by the United States to provide the national serv-
9 ice educational award corresponding to service in these po-
10 sitions.
11
"(g) SPONSORSHIP OF APPROVED NATIONAL SERV-
12 ICE POSITIONS.-
13
"(1) SPONSORSHIP AUTHORIZED.-The Cor-
14
poration may enter into agreements with persons or
15
entities who offer to sponsor national service posi-
16
tions for which the person or entity will be respon-
17
sible for supplying the funds necessary to provide a
18
national service educational award. The distribution
19
of these approved national service positions shall be
20
made pursuant to the agreement, and the creation
21
of these positions shall not be taken into consider-
22
ation in determining the number of approved na-
23
tional service positions to be available for distribu-
24
tion under this section.
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
24
1
"(2) DEPOSIT OF CONTRIBUTION.-Funds pro-
2
vided pursuant to an agreement under paragraph
3
(1) shall be deposited in the National Service Trust
4
established in section 145 until such time as the
5
funds are needed.
6 "SEC. 130. APPLICATION FOR ASSISTANCE AND APPROVED
7
NATIONAL SERVICE POSITIONS.
8
"(a) TIME, MANNER, AND CONTENT OF APPLICA-
9 TION.-To be eligible to receive assistance under section
10 121 and approved national service positions for partici-
11 pants who serve in the national service programs to be
12 carried out using the assistance, a State, subdivision of
13 a State, Indian tribe, public or private nonprofit organiza-
14 tion, institution of higher education, or Federal agency
15 shall prepare and submit to the Corporation an application
16 at such time, in such manner, and containing such infor-
17 mation as the Corporation may reasonably require.
18
"(b) TYPES OF APPLICATION INFORMATION.-In
19 order to have adequate information upon which to consider
20 an application under section 133, the Corporation may re-
21 quest the following information to be provided in an appli-
22 cation submitted under subsection (a):
23
"(1) A description of the national service pro-
24
grams proposed to be carried out directly by the ap-
25
plicant using assistance provided under section 121.
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
25
1
"(2) A description of the process and criteria by
2
which national service programs, other than national
3
service programs carried out by a State agency, were
4
selected by the applicant to receive a grant from as-
5
sistance requested under section 121.
6
"(3) A description of other funding sources to
7
be used, or sought to be used, for the national serv-
8
ice programs and any grant program described in
9
paragraphs (1) and (2), and, if the application is
10
submitted for the purpose of seeking a renewal of
11
assistance, a description of the success of the pro-
12
grams in reducing their reliance on Federal funds.
13
"(4) A description of the extent to which the
14
projects to be conducted using the assistance will ad-
15
dress unmet human, educational, environmental, or
16
public safety needs and produce a direct benefit for
17
the community in which the projects are performed.
18
"(5) A description of the manner in which the
19
national service programs will involve participants—
20
"(A) in projects that build an ethic of civic
21
responsibility and produce a positive change in
22
the lives of participants through training and
23
participation in meaningful service experiences
24
and opportunities for reflection on such experi-
25
ences; and
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
26
1
"(B) in the design of the program and pro-
2
vide leadership positions to participants in im-
3
plementing and evaluating the program.
4
"(6) Measurable goals for the national service
5
programs and any grant program, and a strategy to
6
achieve such goals, in terms of-
7
"(A) the impact to be made in meeting
8
unmet human, educational, environmental, or
9
public safety needs; and
10
"(B) the service experience to be provided
11
to participants in the programs.
12
"(7) A description of the manner and extent to
13
which the proposed national service programs and
14
any proposed grant program conform to the national
15
service priorities established by the Corporation
16
under section 122(c).
17
"(8) A description of the past experience of the
18
applicant in operating a comparable program or in
19
conducting a grant program in support of other
20
comparable programs.
21
"(9) A description of the type and number of
22
approved national service positions that the appli-
23
cant requests to be approved as including the na-
24
tional service educational award described in subtitle
25
D.
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
27
1
(10) Such other information as the Corpora-
2
tion may reasonably require.
3
"(c) APPLICATION TO RECEIVE ONLY APPROVED NA-
4 TIONAL SERVICE POSITIONS.-In the case of applicant
5 that requests national service educational awards for indi-
6 viduals serving in positions described in section 123, but
7 that is not seeking assistance under section 121 or the
8 positions are not in a national service program described
9 in section 122(a), the Corporation shall establish special
10 application requirements in order to determine—
11
"(1) whether the service positions meet unmet
12
educational, human service, environmental, or public
13
safety needs; and
14
"(2) whether the Corporation should approve
15
the positions as approved national service positions
16
that include the national service educational award
17
described in subtitle D as one of the benefits to be
18
provided for successful service in the position.
19
"(d) SPECIAL RULE FOR STATE APPLICANTS.-
20
"(1) SUBMISSION BY STATE COMMISSION.-The
21
application of a State for a grant under section 121
22
or approved national service positions, whether sub-
23
mitted to obtain the allotment of the State or a com-
24
petitive grant under section 129, shall be submitted
25
by the State Commission.
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
28
1
"(2) ASSISTANCE TO NONSTATE ENTITIES.-
2
The application of a State shall also contain a guar-
3
antee that not less than
percent of any as-
4
sistance provided under section 121 to the State will
5
be used to make grants in support of national serv-
6
ice programs, other than national service programs
7
carried out by a State agency, that were selected by
8
the State on a competitive basis. The Corporation
9
may permit a State to deviate from the percentage
10
specified by this subsection if the State has not re-
11
ceived a sufficient number of acceptable applications
12
from national service programs to comply with the
13
percentage.
14
"(e) LIMITATION ON SAME PROJECT IN MULTIPLE
15 APPLICATIONS.-The Corporation may reject an applica-
16 tion submitted under this section if a project proposed to
17 be conducted using assistance requested by the applicant
18 is already pending before the Corporation in another appli-
19 cation.
20 "SEC. 131. NATIONAL SERVICE PROGRAM ASSISTANCE RE-
21
QUIREMENTS.
22
"(a) IMPACT ON PARTICIPANTS.-An application
23 submitted under section 130 shall include a guarantee by
24 the applicant that any national service program carried
25 out by the applicant using assistance provided under sec-
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
29
1 tion 121 and any national service program supported by
2 a grant made by the applicant using such assistance will-
3
"(1) provide participants in the national service
4
program with the training, skills, and knowledge
5
necessary for the projects that participants are
6
called upon to perform; and
7
"(2) provide support services to participants,
8
such as the provision of appropriate information and
9
support-
10
"(A) to those participants who are school
11
dropouts in order to assist such participants in
12
earning the equivalent of a high school diploma;
13
and
14
"(B) to those participants who are com-
15
pleting a term of service and making the transi-
16
tion to other educational and career opportuni-
17
ties.
18
"(b) NONDUPLICATION AND NONDISPLACEMENT RE-
19 QUIREMENTS.-An application submitted under section
20 130 shall also include a guarantee by the applicant that
21 the applicant will comply with the nonduplication and
22 nondisplacement requirements specified in subsections (a)
23 and (b) of section 177 in carrying out the national service
24 programs and any grant program in support of national
25 service programs.
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
30
1
"(c) CONSULTATION.-An application submitted
2 under section 130 shall also include a guarantee by the
3 applicant that any national service program carried out
4 by the applicant using assistance provided under section
5 121 and any national service program supported by a
6 grant made by the applicant using such assistance will-
7
"(1) provide in the design, recruitment, and op-
8
eration of the program for broad-based input from
9
the community served and community-based agen-
10
cies with a demonstrated record of experience in pro-
11
viding services; and
12
"(2) prior to the placement of participants, con-
13
sult with any local labor organization representing
14
employees in the area who are engaged in the same
15
or similar work as that proposed to be carried out
16
by such program to ensure compliance with the
17
nondisplacement requirements specified in section
18
177(a).
19
"(d) EVALUATION AND PERFORMANCE GOALS.-
20
"(1) IN GENERAL.-An application submitted
21
under section 130 shall also include a guarantee by
22
the applicant that the applicant will-
23
"(A) arrange for an independent evalua-
24
tion of any national service program carried out
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
31
1
using assistance provided to the applicant under
2
section 121;
3
"(B) develop measurable performance
4
goals and evaluation methods (such as the use
5
of surveys of participants and persons served),
6
which are to be used as part of such evaluation
7
to determine the impact of the program-
8
"(i) on communities and persons
9
served by the projects performed by the
10
program;
11
"(ii) on participants who take part in
12
the projects; and
13
"(ii) in such other areas as the Cor-
14
poration may require; and
15
"(C) cooperate with any evaluation activi-
16
ties undertaken by the Corporation.
17
"(2) ALTERNATIVE EVALUATION REQUIRE-
18
MENTS.-The Corporation may waive or establish al-
19
ternative evaluation requirements for national serv-
20
ice programs based upon the amount of assistance
21
received under section 121 or received by a grant
22
made by a recipient of assistance under such section.
23
The determination of whether a national service pro-
24
gram is covered by this paragraph shall be made in
25
such manner as the Corporation may prescribe.
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
32
1
"(e) LIVING ALLOWANCES AND OTHER INSERVICE
2 BENEFITS.-Except as provided in section 140(b), an ap-
3 plication submitted under section 124 shall also include
4 a guarantee by the applicant that the applicant will-
5
"(1) provide a living allowance and other bene-
6
fits specified in section 140 to participants in any
7
national service program carried out by the appli-
8
cant using assistance provided under section 121;
9
and
10
"(2) require that each national service program
11
that receives a grant from the applicant using such
12
assistance will also provide a living allowance and
13
other benefits specified in section 140 to participants
14
in the program.
15
"(f) SELECTION OF PARTICIPANTS FROM NATION-
16 ALLY RECRUITED PARTICIPANTS.-The Corporation may
17 also require a guarantee by the applicant that any national
18 service program carried out by the applicant using assist-
19 ance provided under section 121 and any national service
20 program supported by a grant made by the applicant
21 using such assistance will select a portion of the partici-
22 pants for the program from among prospective partici-
23 pants recruited by the Corporation under section 138(c).
24 The Corporation may specify a minimum percentage of
25 participants to be selected from the national leadership
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
33
1 pool established under section 138(d) and may vary the
2 percentage for different types of national service pro-
3 grams.
4 "SEC. 132. INELIGIBLE SERVICE CATEGORIES.
5
"An application submitted to the Corporation under
6 section 130 shall include a guarantee by the applicant that
7 any national service program carried out using assistance
8 provided under section 121 and any approved national
9 service position provided to an applicant will not be used
10 to perform service that provides a direct benefit to any-
11
"(1) business organized for profit;
12
"(2) labor union;
13
"(3) partisan political organization; or
14
"(4) organization engaged in religious activities,
15
unless such service does not involve the use of assist-
16
ance provided under section 121 or the occupancy of
17
an approved national service position by program
18
participants and program staff to give religious in-
19
struction, conduct worship services, or engage in any
20
form of proselytization.
21 "SEC. 133. CONSIDERATION OF APPLICATIONS.
22
"(a) CONSIDERATION OF CERTAIN CRITERIA.-The
23 Corporation shall apply the criteria described in sub-
24 sections (b) and (c) in determining whether-
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
34
1
"(1) to approve an application submitted under
2
section 130 and provide assistance under section
3
121 to the applicant; and
4
"(2) to designate positions described in the ap-
5
plication as national service positions including the
6
national service educational award described in sub-
7
title D and provide such approved national service
8
positions to the applicant.
9
"(b) ASSISTANCE CRITERIA.-The criteria required
10 to be applied by the Corporation in evaluating applications
11 submitted under section 130 are as follows:
12
"(1) The quality of the national service pro-
13
gram proposed to be carried out directly by the ap-
14
plicant or supported by a grant from the applicant.
15
"(2) The innovative aspects of the national
16
service program, and the feasibility of replicating the
17
program.
18
"(3) The sustainability of the national service
19
program, based on evidence such as the existence-
20
"(A) of strong and broad-based community
21
support for the program; and
22
"(B) of multiple funding sources or private
23
funding for the program.
24
"(4) The quality of the leadership of the na-
25
tional service program, the past performance of the
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
35
1
program, and the extent to which the program
2
builds on existing programs.
3
"(5) The extent to which participants and resi-
4
dents of the communities in which projects are to be
5
conducted are involved in the design, leadership, and
6
operation of the national service program.
7
"(6) The extent to which projects would be con-
8
ducted in areas where they are needed most, such
9
as-
10
"(A) communities designated as enterprise
11
zones or redevelopment areas or otherwise tar-
12
geted for special economic incentives;
13
"(B) areas that are environmentally dis-
14
tressed; or
15
"(C) areas adversely affected by reductions
16
in defense spending or the closure or realign-
17
ment of military installations.
18
"(7) Such other criteria that the Corporation
19
considers to be appropriate.
20
"(c) OTHER CONSIDERATIONS.-
21
"(1) GEOGRAPHIC DIVERSITY.-The Corpora-
22
tion shall ensure that recipients of assistance pro-
23
vided under section 121 on a competitive basis are
24
geographically diverse and that projects are con-
25
ducted in both urban and rural areas.
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
36
1
"(2) PRIORITIES.-The Corporation may des-
2
ignate, under such criteria as may be established by
3
the Corporation, certain national service programs
4
or types of national service programs described in
5
section 122(a) for priority consideration in the com-
6
petitive distribution of funds under section 121. In
7
designating national service programs to receive pri-
8
ority, the Corporation may include-
9
"(A) national service programs carried out
10
by another Federal agency;
11
"(B) national service programs that oper-
12
ate in more than 1 State and conform to the
13
national service priorities in effect under section
14
122(c) for that fiscal year;
15
"(C) innovative national service programs;
16
"(D) private national service programs
17
that are well established in 1 or more States at
18
the time of the application and are proposed to
19
be expanded to additional States using assist-
20
ance provided under section 121; and
21
"(E) grant programs in support of other
22
national service programs if the grant programs
23
are to be conducted by nonprofit organizations
24
with an established and extensive expertise in
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
37
1
the provision of services to meet human, edu-
2
cational, environmental, or public safety needs.
3
"(d) REJECTION OF STATE APPLICATIONS.-
4
"(1) NOTIFICATION OF STATE APPLICANTS.-If
5
the Corporation rejects an application submitted by
6
a State Commission under section 130, the Corpora-
7
tion shall promptly notify the State Commission of
8
the reasons for the rejection of the application.
9
"(2) RESUBMISSION AND RECONSIDERATION.-
10
The Corporation shall provide a State Commission
11
notified under paragraph (1) with a reasonable op-
12
portunity to revise and resubmit the application. At
13
the request of the State Commission, the Corpora-
14
tion shall provide technical assistance to the State
15
Commission as part of the resubmission process.
16
The Corporation shall promptly reconsider an appli-
17
cation resubmitted under this paragraph.
18
"(3) REALLOTMENT.-The amount of any
19
State's allotment under section 129(a) for a fiscal
20
year that the Corporation determines will not be
21
provided for that fiscal year shall be available for
22
distribution by the Corporation as provided in para-
23
graph (4) of such section.
24
"(d) APPLICATION TO SUBGRANTS.-A State or
25 other applicant that conducts a grant program with assist-
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
38
1 ance provided under section 121 shall use the criteria de-
2 scribed in subsections (b) and (c) whenever considering
3 applications submitted by national service programs to re-
4 ceive a portion of such assistance or an approved national
5 service position.
6 "SEC. 134. MATCHING FUNDS REQUIREMENTS BY RECIPI-
7
ENTS.
8
"(a) REQUIREMENTS.-A State or other applicant re-
9 ceiving assistance under section 121 which uses such as-
10 sistance to carry out directly a national service program
11 shall be required to satisfy the matching funds require-
12 ments established under section 116. Any national service
13 program that receives funds from a grant program oper-
14 ated by a State or other applicant using assistance ob-
15 tained under section 121 shall also satisfy such matching
16 funds requirements with respect to the funds provided by
17 the grant. The waiver authority provided under section
18 116(b) shall also apply with respect assistance provided
19 under this subtitle.
20
"(b) EXCEPTION.-A Federal agency receiving assist-
21 ance under section 121(b) shall not be required to satisfy
22 the matching funds requirements established under sec-
23 tion 116. However, the supplementation requirements
24 specified in section 173 shall apply with respect to the
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
39
1 Federal national service programs supported with such as-
2 sistance.
3
"PART III-NATIONAL SERVICE PARTICIPANTS
4 "SEC. 137. DESCRIPTION OF PARTICIPANTS.
5
"(a) IN GENERAL.-An individual shall be considered
6 to be a participant in a national service program carried
7 out using assistance provided under section 121 if the
8 individual-
9
"(1) meets such eligibility requirements as may
10
be established by the program;
11
"(2) is selected by the program to serve in a
12
leadership position with the program or to serve in
13
projects conducted by the program;
14
"(3) will serve in the program for a term of
15
service specified in section 139 to be performed be-
16
fore, during, or after attendance at an institution of
17
higher education;
18
"(4) is 17 years of age or older at the time the
19
individual begins the term of service;
20
"(5) has received a high school diploma or its
21
equivalent or agrees to obtain a high school diploma
22
or its equivalent during the term of service and the
23
individual did not drop out of an elementary or sec-
24
ondary school to enroll in the program; and
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
40
1
"(6) is a citizen of the United States or lawfully
2
admitted for permanent residence.
3
"(b) SPECIAL RULES FOR CERTAIN PROGRAMS.-An
4 individual shall be considered to be a participant in a
5 youth corps program described in section 122(a)(2) or a
6 program described in section 122(a)(9) that is carried out
7 with assistance provided under section 121 if the
8 individual-
9
"(1) satisfies the requirements specified in sub-
10
section (a), except paragraph (4) of such subsection;
11
and
12
"(2) is an out-of-school youth at the time the
13
individual begins the term of service.
14 "SEC. 138. SELECTION OF NATIONAL SERVICE PARTICI-
15
PANTS.
16
"(a) SELECTION PROCESS.-Subject to subsection
17 (b), the actual recruitment and selection of an individual
18 to serve in a national service program receiving assistance
19 under section 121 or to fill an approved national service
20 position shall be conducted by the State, subdivision of
21 a State, Indian tribe, public or private nonprofit organiza-
22 tion, institution of higher education, Federal agency, or
23 other entity to which the assistance or approved national
24 service position is provided.
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
41
1
"(b) NONDISCRIMINATION IN SELECTION OF PAR-
2 TICIPANTS.-The recruitment and selection of individuals
3 to serve in national service programs receiving assistance
4 under section 121 or to fill approved national service posi-
5 tions shall be consistent with the nondiscrimination re-
6 quirements of section 175 and shall be conducted without
7 regard to the political affiliation of the individuals.
8
"(c) RECRUITMENT AND PLACEMENT.-The Cor-
9 poration and each State Commission shall establish a sys-
10 tem to recruit individuals who desire to perform national
11 service and to assist the placement of these individuals in
12 approved national service positions, including positions
13 available under title I of the Domestic Volunteer Service
14 Act of 1973 (42 U.S.C. 4951).
15
"(d) NATIONAL LEADERSHIP POOL.-
16
"(1) SELECTION AND TRAINING.-From among
17
individuals recruited under subsection (c), the Cor-
18
poration may select individuals with significant lead-
19
ership potential, as determined by the Corporation,
20
to receive special training to enhance their leader-
21
ship ability. The training shall be provided by Cor-
22
poration directly or through a grant or contract.
23
"(2) ASSIGNMENT.-At the request of a pro-
24
gram that receives assistance under the national
25
service laws, the Corporation may assign an individ-
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
42
1
ual selected under paragraph (1) to work with the
2
program in a leadership position. An individual as-
3
signed to a program shall be considered to be a par-
4
ticipant of the program. The Corporation or the pro-
5
gram may provide a living allowance to the individ-
6
ual in excess of the maximum level established in
7
section 140(a)(3).
8 "SEC. 139. REQUIRED TERMS OF SERVICE OF NATIONAL
9
SERVICE PARTICIPANTS.
10
"(a) IN GENERAL.-As a condition of receiving a na-
11 tional service education award under subtitle D, a partici-
12 pant in an approved national service position shall be re-
13 quired to perform full- or part-time national service for
14 a term of service specified in subsection (b).
15
"(b) TERM OF SERVICE.-
16
"(1) FULL-TIME SERVICE.-An individual per-
17
forming full-time national service in an approved na-
18
tional service position shall agree to participate in
19
projects for not less than 1,500 hours during a pe-
20
riod of not less than 9 months and not more than
21
1 year.
22
"(2) PART-TIME SERVICE.-Except as provided
23
in paragraph (3), an individual performing part-time
24
national service in an approved national service posi-
25
tion shall agree to participate in projects for not less
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
43
1
than 1,500 hours during a period of not less than
2
1 year and not more than 2 years.
3
"(3) REDUCTION IN HOURS OF PART-TIME
4
SERVICE.-The Corporation may reduce the number
5
of hours required to be served to successfully com-
6
plete part-time national service, except that any re-
7
duction in the required term of service shall include
8
a corresponding reduction in the amount of any na-
9
tional service educational award that may be avail-
10
able under subtitle D with regard to that service.
11
"(c) RELEASE FROM COMPLETING TERM OF SERV-
12 ICE.-
13
"(1) RELEASE AUTHORIZED.-A State or other
14
recipient of assistance under section 121 or an ap-
15
proved national service position may release a partic-
16
ipant from completing a term of service in the posi-
17
tion for compelling personal circumstances as dem-
18
onstrated by the participant.
19
"(2) EFFECT OF RELEASE.-If the released
20
participant was serving in an approved national
21
service position, the participant may receive a por-
22
tion of the national service educational award cor-
23
responding to that service in the manner provided in
24
section 147(c).
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
44
1
"SEC. 140. LIVING ALLOWANCES FOR NATIONAL SERVICE
2
PARTICIPANTS.
3
"(a) PROVISION OF LIVING ALLOWANCE.-
4
"(1) LIVING ALLOWANCE PERMITTED.-Subject
5
to paragraph (3), a national service program carried
6
out using assistance provided under section 121 may
7
provide to each participant in the program a living
8
allowance in such an amount as may be established
9
by the program.
10
"(2) LIMITATION ON FEDERAL SHARE.-The
11
amount of the annual living allowance provided
12
under paragraph (1) that may be paid using assist-
13
ance provided under section 121 and using any other
14
Federal funds shall not exceed the lesser of-
15
"(A) 85 percent of the total average an-
16
nual subsistence allowance and stipend provided
17
to VISTA volunteers under section 105 of the
18
Domestic Volunteer Service Act of 1973 (42
19
U.S.C. 4955); and
20
"(B) 85 percent of the annual living allow-
21
ance established by the national service pro-
22
gram involved.
23
"(3) MAXIMUM LIVING ALLOWANCE.-Except
24
as provided in subsection (b), the total amount of a
25
living allowance, determined on an hourly basis, that
26
may be provided to a participant in a national serv-
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
45
1
ice program shall not exceed 200 percent of the
2
hourly equivalent of the total average annual sub-
3
sistence allowance and stipend provided to VISTA
4
volunteers under section 105 of the Domestic Volun-
5
teer Service Act of 1973 (42 U.S.C. 4955) for each
6
hour of national service performed by the partici-
7
pant.
8
"(b) EXCEPTION FROM MAXIMUM LIVING ALLOW-
9 ANCE FOR CERTAIN ASSISTANCE.-A State or other appli-
10 cant for assistance under section 121, such as a profes-
11 sional corps program described in section 123(a)(8), that
12 desires to provide a living allowance in excess of the maxi-
13 mum allowance authorized in subsection (a)(3) may still
14 apply for such assistance, except that-
15
"(1) any assistance provided to the applicant
16
under section 121 may not be used to pay for any
17
portion of the allowance;
18
"(2) the applicant shall apply for such assist-
19
ance only by submitting an application to the Cor-
20
poration for assistance on a competitive basis; and
21
"(3) the national service program must be oper-
22
ated directly by the applicant and must meet urgent,
23
unmet human, educational, environmental, or public
24
safety needs, as determined by the Corporation.
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DISCUSSION DRAFT
S.L.C.
46
1
"(c) HEALTH INSURANCE.-Any assistance provided
2 to a national service program under section 121, whether
3 the assistance is provided directly by the Corporation
4 under such section or by a grant from a recipient of assist-
5 ance under such section, shall be in an amount that is
6 sufficient to pay 85 percent of the cost of a basic health
7 care policy for each full-time participant in the program
8 who does not otherwise have access to health insurance.
9 The Corporation shall establish the contents of the basic
10 health care policy required to be provided under this sub-
11 section.
12
"(d) CHILD CARE.-A State or other recipient of as-
13 sistance under section 121 shall-
14
"(1) make child care available for children of
15
each full-time participant in a national service pro-
16
gram; or
17
"(2) provide a child care allowance to each full-
18
time participant in a national service program who
19
has children.
20 "SEC. 141. NATIONAL SERVICE EDUCATIONAL AWARDS.
21
"A participant in a national service program carried
22 out using assistance provided to an applicant under sec-
23 tion 121 shall be eligible for the national service edu-
24 cational award described in subtitle D if the participant-
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
47
1
"(1) serves in an approved national service po-
2
sition; and
3
"(2) satisfies the eligibility requirements speci-
4
fied in section 146 with respect to service in that ap-
5
proved national service position."
6
(b) TABLE OF CONTENTS.-Section 1(b) of the Na-
7 tional and Community Service Act of 1990 (Public Law
8 101-610; 104 Stat. 3127) is amended by striking the
9 items relating to subtitle C of title I of such Act and in-
10 serting the following new items:
"Subtitle C-National Service Program
"PART I-INVESTMENT IN NATIONAL SERVICE
"Sec. 121. Authority to provide assistance to national service programs.
"Sec. 122. Types of national service programs eligible for program assistance.
"Sec. 123. Types of national service positions eligible for approval for national
service educational awards.
"Sec. 124. Types of program assistance.
"Sec. 125. Training and technical assistance.
"Sec. 126. Other special assistance.
"PART II-APPLICATION AND APPROVAL PROCESS
"Sec. 129. Provision of assistance and approved national service positions by
competitive and other means.
"Sec. 130. Application for assistance and approved national service positions.
"Sec. 131. National service program assistance requirements.
"Sec. 132. Ineligible service categories.
"Sec. 133. Consideration of applications.
"Sec. 134. Matching funds requirements by recipients.
"PART III-NATIONAL SERVICE PARTICIPANTS
"Sec. 137. Description of participants.
"Sec. 138. Selection of national service participants.
"Sec. 139. Required terms of service of national service participants.
"Sec. 140. Living allowances for national service participants.
"Sec. 141. National service educational awards.".
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
48
1 SEC. 102. NATIONAL SERVICE TRUST AND PROVISION OF
2
NATIONAL SERVICE EDUCATIONAL AWARDS.
3
(a) ESTABLISHMENT OF TRUST; PROVISION OF
4 AWARDS.-Subtitle D of title I of the National and Com-
5 munity Service Act of 1990 (42 U.S.C. 12571 et seq.) is
6 amended to read as follows:
7
"Subtitle
D-National
Service
8
Trust and Provision of National
9
Service Educational Awards
10 "SEC. 145. ESTABLISHMENT OF THE NATIONAL SERVICE
11
TRUST.
12
"(a) ESTABLISHMENT.-There is established in the
13 Treasury of the United States an account to be known
14 as the National Service Trust. The Trust shall consist
15 of-
16
"(1) such amounts as the Corporation may des-
17
ignate to be available for the payment of national
18
service educational awards from the amounts appro-
19
priated to the Corporation and made available to
20
carry out this subtitle pursuant to section 501(a)(1);
21
"(2) any amounts received by the Corporation
22
as gifts, bequests, devise, or otherwise pursuant to
23
section 196(a)(2);
24
"[(3) the interest on, and proceeds from the
25
sale or redemption of, any obligations held by the
26
Trust];
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
49
1
"[(4) other-to be supplied].
2
"(b) INVESTMENT OF TRUST.-It shall be the duty
3 of the Secretary of the Treasury to invest in full the
4 amounts appropriated to the Trust. [Except as otherwise
5 expressly provided in instruments concerning a gift, be-
6 quest, devise, or other donation and agreed to by the Cor-
7 poration,] such investments may be made only in interest-
8 bearing obligations of the United States or in obligations
9 guaranteed as to both principal and interest by the United
10 States. For such purpose, such obligations may be ac-
11 quired (1) on original issue at the issue price, or (2) by
12 purchase of outstanding obligations at the market place.
13 Any obligation acquired by the Trust may be sold by the
14 Secretary at the market price.
15
"(c) EXPENDITURES FROM TRUST.-Amounts in the
16 Trust shall be available for payments of national service
17 educational awards in accordance with section 148.
18
"(d) REPORTS TO CONGRESS ON RECEIPTS AND Ex-
19 PENDITURES.-The Corporation shall submit an annual
20 report to the Congress on the financial status of the Trust.
21 Such report shall-
22
"(1) specify (A) the amount deposited to the
23
Trust from the most recent appropriation to the
24
Corporation, (B) the amount received by the Cor-
25
poration as gifts or bequest during the period cov-
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
50
1
ered by the report, and (C) any amounts obtained by
2
the Trust pursuant to subsection [s] (a)(3) [and
3
(a)(4)];
4
"(2) identify the number of individuals who are
5
currently performing service to qualify, or have
6
qualified, for national service educational awards;
7
"(3) identify the number of individuals whose
8
ability to claim national service educational awards
9
has, during the period covered by the report (A)
10
been reduced pursuant to section 147(b), or (B)
11
lapsed pursuant to section 146(d); and
12
"(4) estimate the number of additional ap-
13
proved national service positions which the Corpora-
14
tion will be able to make available under subtitle C
15
on the basis of any accumulated surplus in the
16
Trust above the amount required to provide national
17
service educational awards to individuals identified
18
under paragraph (2).
19 "SEC. 146. INDIVIDUALS ELIGIBLE TO RECEIVE A NATIONAL
20
SERVICE EDUCATIONAL AWARD FROM THE
21
TRUST.
22
"(a) ELIGIBLE INDIVIDUALS.-An individual shall
23 receive a national service educational award from the Na-
24 tional Service Trust if the individual-
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
51
1
"(1) successfully completes the required term of
2
service described in subsection (b) in an approved
3
national service position;
4
"(2) was 17 years of age or older at the time
5
the individual began serving in the approved na-
6
tional service position or was an out-of-school youth
7
serving in an approved national service position with
8
a youth corps program described in section
9
122(a)(2) or a program described in section
10
122(a)(9);
11
"(3) has a high school diploma, or the equiva-
12
lent of such diploma, at the time the individual com-
13
pletes the term of service; and
14
"(4) is a citizen of the United States or lawfully
15
admitted for permanent residence.
16
"(b) TERM OF SERVICE.-The term of service for an
17 approved national service position shall not be less than
18 the full- or part-time term of service specified in section
19 139(b).
20
"(c) LIMITATION ON NUMBER OF TERMS OF SERV-
21 ICE FOR AWARDS.-Although an individual may serve
22 more than 2 terms of service described in subsection (b)
23 in an approved national service position, the individual
24 shall receive a national service educational award from the
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
52
1 National Service Trust only on the basis of the first and
2 second of such terms of service.
3
"(d) TIME FOR USE OF EDUCATIONAL AWARD.-
4
"(1) FIVE-YEAR REQUIREMENT.-An individual
5
eligible to receive a national service educational
6
award under this section may not use such award
7
after the end of the 5-year period beginning on the
8
date the individual completes the term of service in
9
an approved national service position that is the
10
basis of the award.
11
"(2) EXCEPTION.-The Corporation may ex-
12
tend the period within which an individual may use
13
a national service educational award if the Corpora-
14
tion determines that the individual-
15
"(A) was unavoidably prevented from
16
using the national service educational award
17
during the original 5-year period; or
18
"(B) performed another term of service in
19
an approved national service position during
20
that period.
21 "SEC. 147. DETERMINATION OF THE AMOUNT OF THE NA-
22
TIONAL SERVICE EDUCATIONAL AWARD.
23
"(a) AMOUNT GENERALLY.-Except as provided in
24 subsection (b), an individual described in section 146(a)
25 who successfully completes a required term of service in
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
53
1 an approved national service position shall receive a na-
2 tional service educational award having a value equal to
3 $6,500 for each of not more than 2 of such terms of serv-
4 ice.
5
"(b) AWARD FOR PARTIAL COMPLETION OF SERV-
6 ICE.-If an individual serving in an approved national
7 service position is released from completing the term of
8 service agreed to by the individual, the Corporation may
9 provide the individual with that portion of the national
10 service educational award approved for the individual that
11 corresponds to the quantity of the term of service actually
12 completed by the individual.
13
"(c) AWARD EXCLUSION FROM GROSS INCOME.-
14 For purposes of section 61 of the Internal Revenue Code
15 of 1986 (26 U.S.C. 61), in the case of an individual, gross
16 income shall not include any amount received as a national
17 service educational award from the National Service
18 Trust.
19
"(d) AWARD EXCLUSION FROM MEANS-TESTED PRO-
20 GRAMS.-Any amount received by an individual as a na-
21 tional service educational award shall not be included as
22 income for purposes of determining eligibility for means-
23 tested Federal programs. [Define means-tested Federal
24 programs. Move to conforming amendments?]
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
54
1 "SEC. 148. DISBURSEMENT OF NATIONAL SERVICE EDU-
2
CATIONAL AWARDS.
3
"(a) IN GENERAL.-Amounts in the Trust shall be
4 available—
5
"(1) to repay student loans in accordance with
6
subsection (b);
7
"(2) to pay all or part of the cost of attendance
8
at an institution of higher education in accordance
9
with subsection (c); and
10
"(3) to pay expenses incurred in participating
11
in an apprenticeship program in accordance with
12
subsection (d).
13
"(b) USE OF EDUCATIONAL AWARD TO REPAY OUT-
14 STANDING STUDENT LOANS.-
15
"(1) APPLICATION BY ELIGIBLE INDIVID-
16
UALS.-An eligible individual under section 146 who
17
desires to apply his or her national service edu-
18
cational award to the repayment of qualified student
19
loans shall submit, on a form prescribed by the Cor-
20
poration, an application to the Corporation that-
21
"(A) identifies, or permits the Corporation
22
to identify readily, the holder or holders of such
23
loans;
24
"(B) indicates, or permits the Corporation
25
to determine readily, the amounts of principal
26
and interest outstanding on the loans; and
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
55
1
"(C) contains or is accompanied by such
2
other information as the Corporation may re-
3
quire.
4
"(2) DISBURSEMENT OF REPAYMENTS.-Upon
5
receipt of an application from an eligible individual
6
of an application that complies with paragraph (1),
7
the Corporation shall, as promptly as practicable
8
consistent with paragraph (5), disburse the amount
9
of the national service educational award to which
10
the eligible individual is entitled. Such disbursement
11
shall be made by check or other means that is pay-
12
able to the holder of the loan and requires the en-
13
dorsement or other certification by the eligible indi-
14
vidual.
15
"(3) APPLICATION OF DISBURSED AMOUNTS.-
16
If the amount disbursed under paragraph (2) is less
17
than the principal and accrued interest on any quali-
18
fied student loan, such amount shall first be applied
19
to the repayment of principal.
20
"(4) REPORTS BY HOLDERS.-Any holder re-
21
ceiving a loan payment pursuant to this subsection
22
shall submit to the Corporation such information as
23
the Corporation may require to verify that such pay-
24
ment was applied in accordance with this subsection
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
56
1
and any regulations prescribed to carry out this sub-
2
section.
3
"(5) AUTHORITY TO AGGREGATE PAYMENTS.-
4
The Corporation may, by regulation, provide for the
5
aggregation of payments to holders under this sub-
6
section.
7
"(6) DEFINITION OF QUALIFIED STUDENT
8
LOANS.-The term 'qualified student loans' means-
9
"(A) any loan made, insured, or guaran-
10
teed pursuant to title IV of the Higher Edu-
11
cation Act of 1965 (20 U.S.C. 1070 et seq.),
12
other than a loan to a parent of a student pur-
13
suant to section 428B of such Act (20 U.S.C.
14
1078-2);
15
"(B) any loan made pursuant to title VII
16
of the Public Health Service Act (42 U.S.C.
17
292a et seq.);
18
"(C) [other - to be supplied]
19
"(7) DEFINITION OF HOLDER.-The term
20
'holder' with respect to any eligible loan means the
21
original lender or, if the loan is subsequently sold,
22
transferred, or assigned to some other person, and
23
such other person acquires a legally enforceable
24
right to receive payments from the borrower, such
25
other person.
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
57
1
"(8) [other - to be supplied]
2
"(c) USE OF EDUCATIONAL AWARDS TO PAY CUR-
3 RENT EDUCATIONAL EXPENSES.-
4
"(1) APPLICATION BY ELIGIBLE INDIVIDUAL.-
5
An eligible individual under section 146 who desires
6
to apply his or her national service educational
7
award to the payment of current educational ex-
8
penses shall, on a form prescribed by the Corpora-
9
tion, submit an application to the institution of high-
10
er education in which the student will be enrolled
11
that contains such information as the Corporation
12
may require to verify the individual's eligibility.
13
"(2) SUBMISSION OF REQUESTS FOR PAYMENT
14
BY INSTITUTIONS.-An institution of higher edu-
15
cation that receives 1 or more applications that com-
16
ply with paragraph (1) shall submit to the Corpora-
17
tion a statement, in a form prescribed by the Cor-
18
poration, that-
19
"(A) identifies the eligible individuals filing
20
applications under paragraph (1) for a dis-
21
bursement of the individual's national service
22
educational award under this subsection;
23
"(B) specifies the amounts for which such
24
eligible individuals are, consistent with para-
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
58
1
graph (6), qualified for disbursement under this
2
subsection;
3
"(C) certifies that (i) the institution of
4
higher education has in effect a program par-
5
ticipation agreement under section 487 of the
6
Higher Education Act of 1965 (20 U.S.C.
7
1094), and (ii) the institution's eligibility to
8
participate in programs under title IV of such
9
Act (20 U.S.C. 1070 et seq.) has not been lim-
10
ited, suspended, or terminated; and
11
"(D) contains such provisions concerning
12
[financial compliance] as the Corporation may
13
require.
14
"(3) DISBURSEMENT OF PAYMENTS.-Upon re-
15
ceipt of a statement from an institution of higher
16
education that complies with paragraph (2), the Cor-
17
poration shall, subject to paragraph (4), disburse the
18
total amount of the national service educational
19
awards for which eligible individuals who have sub-
20
mitted applications to that institution under para-
21
graph (1) are qualified. Such disbursement shall be
22
made by check or other means that is payable to the
23
institution and requires the endorsement or other
24
certification by the eligible individual.
April 23, 1993
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S.L.C.
59
1
"(4) MULTIPLE DISBURSEMENTS REQUIRED.-
2
The total amount required to be disbursed to an in-
3
stitution of higher education under paragraph (3)
4
for any period of enrollment shall be disbursed by
5
the Corporation in 2 or more installments, none of
6
which exceeds ½ of such total amount. The interval
7
between the first and second such installment shall
8
not be less than ½ of such period of enrollment, ex-
9
cept as necessary to permit the second installment to
10
be paid at the beginning of the second semester,
11
quarter, or similar division of such period of enroll-
12
ment.
13
"(5) REFUND RULES.-The Corporation shall,
14
by regulation, provide for the refund to the Corpora-
15
tion (and the crediting to the national service edu-
16
cational award of an eligible individual) of amounts
17
disbursed to institutions for the benefit of eligible in-
18
dividuals who withdraw or otherwise fail to complete
19
the period of enrollment for which the assistance
20
was provided. Such regulations shall be consistent
21
with the fair and equitable refund policies required
22
of institutions pursuant to section 484B of the
23
Higher Education Act of 1965 (20 U.S.C. 1091b).
24
"(6) MAXIMUM AWARD.-The portion of an eli-
25
gible individual's total available national service edu-
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DISCUSSION DRAFT
S.L.C.
60
1
cational award that may be disbursed under this
2
subsection for any period of enrollment shall not ex-
3
ceed the difference between-
4
"(A) the eligible individual's cost of attend-
5
ance for such period of enrollment, determined
6
in accordance with section 472 of the Higher
7
Education Act of 1965 (20 U.S.C. 1087ll); and
8
"(B) the sum of (i) the student's estimated
9
financial assistance for such period pursuant to
10
part A of title IV of such Act (20 U.S.C. 1070
11
et seq.), and (ii) the student's veterans' edu-
12
cation benefits, determined in accordance with
13
section 480(c) of such Act (20 U.S.C.
14
1087w(c)).
15
"(7) [Other to be supplied].-
16
"(d) USE OF EDUCATIONAL AWARD TO PARTICIPATE
17 IN APPRENTICESHIP PROGRAMS.-The Corporation shall
18 by regulation provide for the payment of national service
19 educational awards to permit eligible individuals to partici-
20 pate in recognized and approved apprenticeship programs.
21 Such regulations shall-
22
(1) [conditions for regulations to be supplied
23
on basis of labor initiatives].
24
"(e) GENERAL ADMINISTRATIVE PROVISIONS.-
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DISCUSSION DRAFT
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61
1 pate in recognized and approved apprenticeship programs.
2 Such regulations shall-
3
(1) [conditions for regulations to be supplied
4
on basis of labor initiatives].
5
"(e) GENERAL ADMINISTRATIVE PROVISIONS-
6
[to be supplied - may already be located in
7
general Corporation powers.]
8
"(f) [Additional Provisions - to be supplied].
9
"(g) DEFINITION OF INSTITUTION OF HIGHER EDU-
10 CATION.-Notwithstanding section 101 of this Act, for
11 purposes of this section the term 'institution of higher
12 education' has the meaning provided by section 481(a) of
13 the Higher Education Act of 1965 (20 U.S.C. 1088(a)).".
14
(b) TABLE OF CONTENTS.-Section 1(b) of the Na-
15 tional and Community Service Act of 1990 (Public Law
16 101-610; 101 Stut. 3127) is amended by striking the
17 items relating to subtitle D of title I of such Act and in-
18 serting the following new items:
"Subtitle D-National Service Trust and Provision of National Service
Educational Awards
"See. 145. Establishment of the National Service Trust.
"See. 146. Individuals eligible to receive & national service educational award
from the Trust.
"See 147. Determination of the amount of the national service educational
award.
"Sec. 148. Disbursement of national service educational awards.".
19
(c) CONFORMING AMENDMENTS.-
20
L(1) IMPACT ON ELIGIBILITY FOR SUBSIDIZED
21
STAFFORD LOANS.-Section 428(a)(2)(C)(i) of the
April 23, 1993
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S.L.C.
62
1
Community Service Act of 1990 (42 U.S.C. 12751
2
et
seq.)," I[This
attempts
to
prevent
3
"overborrowing" of subsidized loans by service
4
award recipients.]
5
[(2) IMPACT ON GENERAL NEEDS ANALYSIS.-
6
Section 480(j) of such Act (20 U.S.C. 1087vv(j) is
7
amended by adding at the end the following new
8
paragraph:
9
["(3) Notwithstanding paragraph (1), any na-
10
tional service educational award such student will re-
11
ceive under subtitle D of title I of the National and
12
Community Service Act of 1990 (42 U.S.C. 12751
13
et seq.) shall not be taken into account in determin-
14
ing estimated financial assistance not received under
15
this title.' ][This attempts to prevent reduction of
16
grants to service award recipients.]
17
[(3) IMPACT ON ELIGIBILITY FOR OTHER
18
NEEDS-TESTED PROGRAMS.-To be supplied, eg.
19
AFDC, EITC?]
20
(4) IMPACT ON ELIGIBILITY FOR STAFFORD
21
LOAN FORGIVENESS.-Section 428J(c) of the Higher
22
Education Act of 1965 (20 U.S.C. 1078-10(c)) is
23
amended by adding at the end the following new
24
paragraph:
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
63
1
"(5) INELIGIBILITY OF NATIONAL SERVICE
2
EDUCATIONAL AWARD RECIPIENTS.-No student
3
borrower who may, for the same volunteer service,
4
receive a benefit under both this section and subtitle
5
D of title I of the National and Community Service
6
Act of 1990 (42 U.S.C. 12751 et seq.).". [Note: as-
7
sumes prevention of double benefit for service will
8
occur at time of service, not at time of loan repay-
9
ment. How will this be implemented and coordinated
10
between Corporation and Sec. of Ed.?]
11
(5) IMPACT ON ELIGIBILITY FOR PERKINS LOAN
12
FORGIVENESS.-Section 465(a) of the Higher Edu-
13
cation Act of 1965 (20 U.S.C. 1087ee(a)) is amend-
14
ed by adding at the end the following new para-
15
graph:
16
"(6) No borrower who may, for the same volun-
17
teer service, receive a benefit under both this section
18
and subtitle D of title I of the National and Commu-
19
nity Service Act of 1990 (42 U.S.C. 12751 et
20
seq.).". [Note: assumes prevention of double benefit
21
for service will occur at time of service, not at time
22
of loan repayment. How will this be implemented
23
and coordinated between the Corporation and the
24
college to whom the loan is repaid?]
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
64
1 SEC. 103. AMENDMENTS TO PROGRAMS FOR STUDENTS
2
AND OUT-OF-SCHOOL YOUTH.
3
(a) AMENDMENTS TO SERVE-AMERICA PROGRAMS.-
4
(1) PURPOSE.-The purpose of this subsection
5
is to improve the Serve-America programs estab-
6
lished under part I of subtitle B of the National and
7
Community Service Act of 1990, and to enable the
8
Corporation for National Service, and the entities
9
receiving financial assistance under such part, to-
10
(A) work with teachers in elementary
11
schools and secondary schools within a commu-
12
nity, and with community-based agencies, to
13
create and offer service-learning opportunities
14
for all school-age youth;
15
(B) educate teachers, and faculty providing
16
teacher training and retraining, about service-
17
learning, and incorporate service-learning op-
18
portunities into classroom teaching to strength-
19
en academic learning;
20
(C) coordinate the work of adult volunteers
21
who work with elementary and secondary
22
schools as part of their community service ac-
23
tivities; and
24
(D) work with employers in the commu-
25
nities to ensure that projects for middle school
26
and high school students introduce the students
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
65
1
to various careers and expose the students to
2
needed further education and training.
3
(2) PROGRAMS.-Subtitle B of title I of the Na-
4
tional and Community Service Act of 1990 (42
5
U.S.C. 12501 et seq.) is amended by striking the
6
subtitle heading and all that follows through the end
7
of part I and inserting the following:
8 "Subtitle B-School-Based and
9
Community-Based
Service-
10
Learning Programs
11
"PART I-SERVE-AMERICA PROGRAMS
12
"Subpart A-School-Based Programs for Students
13 "SEC. 111. AUTHORITY TO ASSIST STATES AND INDIAN
14
TRIBES.
15
"(a) USE OF FUNDS.-The Corporation, in consulta-
16 tion with the Secretary of Education, may make grants
17 under section 112(b)(1), and allotments under subsections
18 (a) and (b)(2) of section 112, to States and Indian tribes
19 to pay for the Federal share of-
20
"(1) planning and building the capacity of the
21
States or Indian tribes (which may be accomplished
22
through grants or contracts with qualified organiza-
23
tions) to implement statewide or tribal school-based
24
service-learning programs, including-
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
66
1
"(A) providing preservice and inservice
2
training for teachers, supervisors, personnel
3
from community-based agencies (particularly
4
with regard to the utilization of participants),
5
and trainers, to be conducted by qualified indi-
6
viduals or organizations that have experience
7
with service-learning;
8
"(B) developing service-learning curricula
9
to be integrated into academic programs, in-
10
cluding the age-appropriate learning component
11
described in section 114(d)(5)(B);
12
"(C) forming local partnerships described
13
in paragraph (2) or (4) to develop school-based
14
service-learning programs in accordance with
15
this subpart;
16
"(D) devising appropriate methods for re-
17
search and evaluation of the educational value
18
of service-learning and the effect of service-
19
learning activities on communities; and
20
"(E) establishing effective outreach and
21
dissemination of information to ensure the
22
broadest possible involvement of community-
23
based agencies with demonstrated effectiveness
24
in working with school-age youth in their com-
25
munities;
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
67
1
"(2) implementing, operating, or expanding
2
school-based service-learning programs, which may
3
include paying for the cost of the recruitment, train-
4
ing, supervision, placement, salaries, and benefits of
5
service-learning coordinators, through State distribu-
6
tion of Federal funds made available under this sub-
7
part to projects operated by local partnerships
8
among-
9
"(A) local educational agencies; and
10
"(B) one or more community partners
11
that-
12
"(i) shall include a public or private
13
nonprofit organization that will make
14
projects available for participants, who
15
shall be students; and
16
"(ii) may include a private for-profit
17
business or private elementary or second-
18
ary school;
19
"(3) planning of school-based service-learning
20
programs through State distribution of Federal
21
funds made available under this subpart to local
22
educational agencies or elementary or secondary
23
schools, which planning may include paying for the
24
cost of-
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
68
1
"(A) the salaries and benefits of service-
2
learning coordinators; or
3
"(B) the recruitment, training, supervision,
4
and placement of service-learning coordinators
5
who are participants in a program under sub-
6
title C or receive a national service educational
7
award under subtitle D,
8
who will identify the community partners described
9
in paragraph (2) (B) and assist in the design and im-
10
plementation of a program described in paragraph
11
(2); and
12
"(4) implementing, operating, or expanding
13
school-based service-learning programs involving
14
adult volunteers to utilize service-learning to improve
15
the education of students through State distribution
16
of Federal funds made available under this part to
17
local partnerships among-
18
"(A) local educational agencies; and
19
"(B) one or more public or private non-
20
profit organizations or private for-profit busi-
21
nesses,
22
that coordinate and operate projects for participants,
23
who shall be students.
24
"(b) DUTIES OF SERVICE-LEARNING COORDINA-
25 TOR.-A service-learning coordinator referred to in para-
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
69
1 graph (2) or (3) of subsection (a) shall provide services
2 to a local educational agency, elementary school, or sec-
3 ondary school by-
4
"(1) expanding the awareness of teachers of the
5
potential of service-learning in strengthening the
6
educational achievement, leadership development,
7
and substantive learning, of students;
8
"(2) providing technical assistance and informa-
9
tion to, and facilitating the training of, teachers who
10
want to use service-learning in their classrooms;
11
"(3) assisting local partnerships described in
12
subsection (a) in the planning, development, and
13
execution of service-learning projects;
14
"(4) recruiting and supervising adult volun-
15
teers, or individuals who are participants in a pro-
16
gram under subtitle C or receive a national service
17
educational award under subtitle D, to expand serv-
18
ice-learning opportunities; and
19
"(5) coordinating the activities of the service-
20
learning coordinator with the activities of the com-
21
mittee described in section 114(d)(1), and, where
22
appropriate, assisting the committee.
23
"(c) RELATED EXPENSES.-A partnership, local edu-
24 cational agency, elementary or secondary school, or other
25 qualified organization that receives financial assistance
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
70
1 under this subpart may, in carrying out the activities de-
2 scribed in subsection (a), use such assistance to pay for
3 the Federal share of reasonable costs related to the super-
4 vision of participants, program administration, transpor-
5 tation, insurance, evaluations, and for other reasonable ex-
6 penses related to the activities.
7 "SEC. 111A. AUTHORITY TO ASSIST LOCAL APPLICANTS IN
8
NONPARTICIPATING STATES.
9
"In any fiscal year in which a State or Indian tribe
10 does not participate in programs under this subpart, the
11 Corporation may use the allotment of that State or Indian
12 tribe under subsection (a) or (b)(2) of section 112 to make
13 direct grants to pay for the Federal share of the cost of-
14
"(1) carrying out the activities described in
15
paragraph (2) or (4) of section 111(a), to a local
16
partnership described in such paragraph; or
17
"(2) carrying out the activities described in
18
paragraph (3) of such section, to an agency or
19
school described in such paragraph,
20 that is located in the State, or serves the Indian tribe.
21 "SEC. 111B. AUTHORITY TO ASSIST PUBLIC OR PRIVATE
22
NONPROFTT ORGANIZATIONS.
23
"(a) IN GENERAL.-The Corporation may make a
24 grant under section 112(b)(1) to a public or private non-
25 profit organization that-
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
71
1
"(1) has experience with service-learning; and
2
"(2) was in existence 1 year before the date on
3
which the organization submitted an application
4
under section 114(a).
5
"(b) USE OF FUNDS.-Such an organization may use
6 a grant made under subsection (a) to make grants to part-
7 nerships described in section 111(a)(2) to implement, op-
8 erate, or expand school-based service-learning programs as
9 described in such section.
10 "SEC. 112. GRANTS AND ALLOTMENTS.
11
"(a) INDIAN TRIBES AND TERRITORIES.-Of the
12 amounts appropriated to carry out this subpart for any
13 fiscal year, the Corporation shall reserve an amount of not
14 more than 1 percent for payments to Indian tribes, the
15 Virgin Islands, Guam, American Samoa, and the Com-
16 monwealth of the Northern Mariana Islands, to be allotted
17 in accordance with their respective needs. The Corporation
18 may also make payments from such amount to Palau, in
19 accordance with its needs, until such time as the Compact
20 of Free Association is ratified.
21
"(b) GRANTS AND ALLOTMENTS THROUGH
22 STATES.-The Corporation shall use the remainder of the
23 funds appropriated to carry out this subpart for any fiscal
24 year as follows:
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
72
1
"(1) GRANTS.-Except as provided in para-
2
graph (3), from [25 percent] of such funds, the
3
Corporation may make grants, on a competitive
4
basis, to—
5
"(A) State educational agencies and Indian
6
tribes; or
7
"(B) as described in section 111B, to pub-
8
lic or private nonprofit organizations.
9
"(2) ALLOTMENTS.-
10
"(A) SCHOOL-AGE YOUTH.-Except as pro-
11
vided in paragraph (3), from [37.5 percent] of
12
such funds, the Corporation shall allot to each
13
State an amount that bears the same ratio to
14
[37.5 percent] of such funds as the number of
15
school-age youth in the State bears to the total
16
number of school-age youth of all States.
17
"(B) ALLOCATION UNDER ELEMENTARY
18
AND SECONDARY EDUCATION ACT OF 1965.-
19
Except as provided in paragraph (3), from
20
[37.5 percent] of such funds, the Corporation
21
shall allot to each State an amount that bears
22
the same ratio to [37.5 percent] of such funds
23
as the allocation to the State for the previous
24
fiscal year under chapter 1 of title I of the Ele-
25
mentary and Secondary Education Act of 1965
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
73
1
(20 U.S.C. 2711 et seq.) bears to such alloca-
2
tions to all States.
3
"(3) MINIMUM AMOUNT.-No State shall re-
4
ceive, under paragraph (2), an allotment that is less
5
than the allotment such State received for fiscal year
6
1993 under section 112(b) of this Act, as in effect
7
on the day before the date of enactment of this part.
8
If the amount of funds made available in a fiscal
9
year to carry out paragraph (2) is insufficient to
10
make such allotments, the Corporation shall make
11
available sums from the [25 percent] described in
12
paragraph (1) for such fiscal year to make such al-
13
lotments.
14
"(4) DEFINITION.-Notwithstanding section
15
101(25), for purposes of this subsection, the term
16
'State' means each of the several States, the District
17
of Columbia, the Commonwealth of Puerto Rico, and
18
an Indian tribe.
19
"(c) REALLOTMENT.-If the Corporation determines
20 that the allotment of a State or Indian tribe under this
21 section will not be required for a fiscal year because the
22 State or Indian tribe does not participate in programs
23 under this subpart in such fiscal year, the Corporation
24 shall, after making any grants under section 111A to a
25 partnership, agency, or school described in such section,
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
74
1 make any remainder of such allotment available for real-
2 lotment to such other States, and Indian tribes, with ap-
3 proved applications submitted under section 113, as the
4 Corporation may determine to be appropriate.
5
"(d) EXCEPTION.-Notwithstanding subsections (a)
6 and (b), if less than $20,000,000 is appropriated for any
7 fiscal year to carry out this subpart, the Corporation shall
8 award grants to States and Indian tribes, from the
9 amount SO appropriated, on a competitive basis to pay for
10 the Federal share of the activities described in section 111.
11 "SEC. 113. STATE OR TRIBAL APPLICATIONS.
12
"(a) SUBMISSION.-To be eligible to receive a grant
13 under section 112(b)(1), an allotment under subsection
14 (a) or (b)(2) of section 112, a reallotment under section
15 112(c), or a grant under section 112(d), a State, acting
16 through the State educational agency, or an Indian tribe,
17 shall prepare, submit to the Corporation, and obtain ap-
18 proval of, an application at such time and in such manner
19 as the Chairperson may reasonably require.
20
"(b) CONTENTS.-An application that is submitted
21 under subsection (a) with respect to service-learning pro-
22 grams described in section 111 shall include—
23
"(1) a 3-year strategic plan for promoting serv-
24
ice-learning through the programs, which plan shall
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
75
1
contain such information as the Chairperson may
2
reasonably require, such as-
3
"(A) a description of the goals to be at-
4
tained in promoting service-learning through
5
such programs;
6
"(B) a description of-
7
"(i) the resources and organization
8
needed to achieve the goals of such pro-
9
grams within elementary schools and sec-
10
ondary schools; and
11
"(ii) the manner in which such pro-
12
grams and the activities to be carried out
13
under such programs relate to the goals
14
described in subparagraph (A); and
15
"(C) a description of the manner in
16
which—
17
"(i) the programs will promote in-
18
volvement in service-learning activities
19
within the State or Indian tribe and within
20
such schools;
21
"(ii) the applicant will evaluate the
22
success of the programs and the extent of
23
community involvement in the programs,
24
and measure the extent to which the pro-
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
76
1
grams meet the goals described in subpara-
2
graph (A);
3
"(iii) the applicant will rank applica-
4
tions submitted under section 114(c) ac-
5
cording to the criteria described in section
6
115(b), and in a manner that ensures the
7
equitable treatment of all such applica-
8
tions;
9
"(iv) the programs will be coordinated
10
with-
11
"(I) the education reform efforts
12
of the applicant;
13
"(II) other efforts to meet the
14
[National Education Goals,];
15
"(III) other service activities in
16
the State or serving the Indian tribe;
17
and
18
"(IV) other education programs,
19
training programs, social service pro-
20
grams, and appropriate programs that
21
serve school-age youth, that are au-
22
thorized under Federal law;
23
"(v) the applicant will disseminate in-
24
formation, conduct outreach, and take
25
other measures, to encourage cooperative
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
77
1
efforts among the local educational agen-
2
cies, local government agencies, commu-
3
nity-based agencies, State agencies, and
4
private for-profit businesses that will carry
5
out the service-learning programs proposed
6
by the applicant, to develop and provide
7
projects, including those that involve the
8
participation of urban, suburban, and rural
9
students working together;
10
"(vi) the applicant will promote ap-
11
propriate projects in such programs for
12
economically disadvantaged students, stu-
13
dents with limited basic skills, students in
14
foster care who are becoming too old for
15
foster care, students of limited-English
16
proficiency, homeless students, and stu-
17
dents with disabilities;
18
"(vii) service-learning training and
19
technical assistance will be provided
20
through the programs-
21
"(I) to State and local edu-
22
cational agency personnel, federally
23
assisted education specialists in the
24
State or serving the Indian tribe, and
25
local recipients of grants under this
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
78
1
subpart, to raise the awareness of
2
service-learning among such person-
3
nel, specialists, and recipients; and
4
"(II) by qualified and experi-
5
enced individuals employed by the
6
State or Indian tribe or through
7
grants or contracts with such individ-
8
uals;
9
"(viii) a service-learning network will
10
be established for the State or Indian
11
tribe, comprised of expert teachers and ad-
12
ministrators who have carried out success-
13
ful service-learning activities within the
14
State or serving the Indian tribe; and
15
"(ix) the applicant will use payments
16
from sources described in section
17
116(a)(2)(B) to expand projects for stu-
18
dents through the programs proposed by
19
the applicant;
20
"(2) assurances that—
21
"(A) the applicant will keep such records
22
and provide such information to the Corpora-
23
tion with respect to the programs as may be re-
24
quired for fiscal audits and program evaluation;
25
and
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
79
1
"(B) the applicant will comply with the
2
nonduplication and nondisplacement require-
3
ments of section 177; and
4
"(3) such additional information as the Chair-
5
person may reasonably require.
6 "SEC. 114. LOCAL APPLICATIONS.
7
"(a) APPLICATION TO CORPORATION TO MAKE
8 GRANTS FOR SCHOOL-BASED SERVICE-LEARNING PRO-
9 GRAMS.-
10
"(1) IN GENERAL.-To be eligible to receive a
11
grant in accordance with section 111B(a) to make
12
grants relating to school-based service-learning pro-
13
grams described in section 111(a)(2), a public or
14
private nonprofit organization shall prepare, submit
15
to the Corporation, and obtain approval of, an appli-
16
cation.
17
"(2) SUBMISSION.-Such application shall be
18
submitted at such time and in such manner, and
19
shall contain such information, as the Chairperson
20
may reasonably require. Such application shall in-
21
clude a proposal to assist such programs in more
22
than 1 State.
23
"(b) DIRECT APPLICATION TO CORPORATION TO
24 CARRY OUT SCHOOL-BASED SERVICE-LEARNING PRO-
25 GRAMS IN NONPARTICIPATING STATES.-To be eligible to
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
80
1 receive a grant from the Corporation in the circumstances
2 described in section 111A to carry out an activity de-
3 scribed in such section, a partnership, agency, or school
4 described in such section shall prepare, submit to the Cor-
5 poration, and obtain approval of, an application. Such ap-
6 plication shall be submitted at such time and in such man-
7 ner, and shall contain such information, as the Chair-
8 person may reasonably require.
9
"(c) APPLICATION TO STATE OR INDIAN TRIBE TO
10 RECEIVE ASSISTANCE TO CARRY OUT SCHOOL-BASED
11 SERVICE-LEARNING PROGRAMS.-
12
"(1) IN GENERAL.-Any-
13
"(A) qualified organization that desires to
14
receive financial assistance under this subpart
15
from a State or Indian tribe for an activity de-
16
scribed in section 111(a)(1);
17
"(B) partnership described in section
18
111(a)(2) that desires to receive such assistance
19
from a State, Indian tribe, or grantmaking en-
20
tity for an activity described in section
21
111(a)(2);
22
"(C) agency or school described in section
23
111(a)(3) that desires to receive such assistance
24
from a State or Indian tribe for an activity de-
25
scribed in such section; or
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
81
1
"(D) partnership described in section
2
111(a)(4) that desires to receive such assistance
3
from a State or Indian tribe for an activity de-
4
scribed in such section,
5
to be carried out through a service-learning program
6
described in section 111, shall prepare, submit to
7
the State educational agency, Indian tribe, or
8
grantmaking entity, and obtain approval of, an ap-
9
plication for the program.
10
"(2) SUBMISSION.-Such application shall be
11
submitted at such time and in such manner, and
12
shall contain such information, as the agency, tribe,
13
or entity may reasonably require.
14
"(d) CONTENTS OF APPLICATION.-An application
15 that is submitted under subsection (a), (b), or (c) with
16 respect to a service-learning program described in section
17 111 shall, at a minimum, contain a proposal that
18 includes-
19
"(1) information specifying the membership and
20
role of an established advisory committee, consisting
21
of representatives of community-based agencies in-
22
cluding service recipients, students, parents, teach-
23
ers, administrators, representatives of agencies that
24
serve school-age youth or older adults, school board
25
members, representatives of labor, and representa-
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
82
1
tives of business, that will provide advice with re-
2
spect to the program;
3
"(2) a description of—
4
"(A) the goals of the program which shall
5
include goals that are quantifiable and dem-
6
onstrate any benefits from the program to par-
7
ticipants and the community;
8
"(B) service-learning projects to be pro-
9
vided under the program, and evidence that
10
participants will make a sustained commitment
11
to service in the projects;
12
"(C) the manner in which participants in
13
the program were or will be involved in the de-
14
sign and operation of the program;
15
"(D) preservice and inservice training for
16
supervisors, teachers, service sponsors, and par-
17
ticipants in the program;
18
"(E) the manner in which exemplary serv-
19
ice will be recognized under the program; and
20
"(F) any resources that will permit con-
21
tinuation of the program, if needed, after the
22
assistance received under this subpart for the
23
program has ended;
24
"(3) information that shall include—
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
83
1
"(A) a disclosure of whether or not the
2
participants will receive academic credit for par-
3
ticipation in the program;
4
"(B) the expected number of participants
5
in the program and the hours of service that
6
such participants will provide individually and
7
as a group;
8
"(C) the proportion of expected partici-
9
pants in the program who are economically dis-
10
advantaged, including participants with disabil-
11
ities; and
12
"(D) any role of adult volunteers in imple-
13
menting the program, and the manner in which
14
such volunteers will be recruited;
15
"(4) in the case of an application submitted by
16
a local partnership, a written agreement, between
17
the members of the local partnership, stating that
18
the program was jointly developed by the members
19
and that the program will be jointly executed by the
20
members; and
21
"(5) assurances that-
22
"(A) prior to the placement of a partici-
23
pant, the entity carrying out the program will
24
consult with any local labor organization rep-
25
resenting employees in the area who are en-
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1
gaged in the same or similar work as that pro-
2
posed to be carried out by such program, to
3
prevent the displacement and protect the rights
4
of such employees;
5
"(B) the entity carrying out the program
6
will develop an age-appropriate learning compo-
7
nent for participants in the program that shall
8
include a chance for participants to analyze and
9
apply their service experiences; and
10
"(C) the entity carrying out the program
11
will comply with the nonduplication and
12
nondisplacement requirements of section 177.
13 "SEC. 115. CONSIDERATION OF APPLICATIONS.
14
"(a) CORPORATION CRITERIA FOR APPLICATIONS.-
15 In making grants under section 112(b)(1), the Corpora-
16 tion shall give priority to States and Indian tribes that
17 submit applications under section 113 that meet such cri-
18 teria with respect to sustainability, replicability, innova-
19 tion, and quality of programs under this subpart as the
20 Chairperson may by regulation specify.
21
"(b) PRIORITY FOR LOCAL APPLICATIONS.-
22
"(1) IN GENERAL.-In providing assistance
23
under this subpart, a State educational agency or
24
Indian tribe, or the Corporation if section 111A or
25
111B applies, shall give priority to entities that sub-
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85
1
mit applications under section 114 with respect to
2
service-learning programs described in section 111
3
that-
4
"(A) involve participants in the design and
5
operation of the program;
6
"(B) are in the greatest need of assistance,
7
such as programs targeting low-income areas;
8
"(C) involve-
9
"(i) students from public elementary
10
or secondary schools, and students from
11
private elementary or secondary schools,
12
serving together; or
13
"(ii) students of different ages, races,
14
sexes, ethnic groups, disabilities, or eco-
15
nomic backgrounds, serving together; or
16
"(D) are integrated into the academic pro-
17
gram of the participants.
18
"(c) REJECTION OF APPLICATIONS.-
19
"(1) NOTIFICATION OF APPLICANTS.-If the
20
Corporation rejects an application submitted by a
21
State or Indian tribe under section 113, the Cor-
22
poration shall promptly notify the State or Indian
23
tribe of the reasons for the rejection of the applica-
24
tion. The Corporation shall provide the State or In-
25
dian tribe with a reasonable opportunity to revise
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S.L.C.
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1
and resubmit the application and shall provide tech-
2
nical assistance, if needed, to the State or Indian
3
tribe as part of the resubmission process. The Cor-
4
poration shall promptly reconsider such resubmitted
5
application.
6
"(2) OTHER APPLICANTS.-The Corporation is
7
not required to provide notice to applicants other
8
than States and Indian tribes of the failure of the
9
Corporation to approve an application under section
10
114 for assistance.
11 "SEC. 115A. PARTICIPATION OF STUDENTS AND TEACHERS
12
FROM PRIVATE SCHOOLS.
13
"(a) IN GENERAL.-To the extent consistent with the
14 number of students in the State or Indian tribe or in the
15 school district of the local educational agency involved who
16 are enrolled in private nonprofit elementary and secondary
17 schools, such State, Indian tribe, or agency shall (after
18 consultation with appropriate private school representa-
19 tives) make provision-
20
"(1) for the inclusion of services and arrange-
21
ments for the benefit of such students SO as to allow
22
for the equitable participation of such students in
23
the programs implemented to carry out the objec-
24
tives and provide the benefits described in this sub-
25
part; and
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1
"(2) for the training of the teachers of such
2
students SO as to allow for the equitable participa-
3
tion of such teachers in the programs implemented
4
to carry out the objectives and provide the benefits
5
described in this subpart.
6
"(b) WAIVER.-If a State, Indian tribe, or local edu-
7 cational agency is prohibited by law from providing for
8 the participation of students or teachers from private non-
9 profit schools as required by subsection (a), or if the Cor-
10 poration determines that a State, Indian tribe, or local
11 educational agency substantially fails or is unwilling to
12 provide for such participation on an equitable basis, the
13 Chairperson shall waive such requirements and shall ar-
14 range for the provision of services to such students and
15 teachers. Such waivers shall be subject to consultation,
16 withholding, notice, and judicial review requirements in
17 accordance with paragraphs (3) and (4) of section 1017(b)
18 of the Elementary and Secondary Education Act of 1965
19 (20 U.S.C. 2727(b)).
20 "SEC. 116. FEDERAL, STATE, AND LOCAL CONTRIBUTIONS.
21
"(a) SHARE.-
22
"(1) IN GENERAL.-The Federal share attrib-
23
utable to this subpart of the cost of carrying out a
24
program for which a grant or allotment is made
25
under this subpart may not exceed—
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S.L.C.
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1
"(A) 90 percent of the total cost of the
2
program for the first year for which the pro-
3
gram receives assistance under this subpart;
4
"(B) 80 percent of the total cost of the
5
program for the second year for which the pro-
6
gram receives assistance under this subpart;
7
"(C) 70 percent of the total cost of the
8
program for the third year for which the pro-
9
gram receives assistance under this subpart;
10
and
11
"(D) 50 percent of the total cost of the
12
program for the fourth year, and for any subse-
13
quent year, for which the program receives as-
14
sistance under this subpart.
15
"(2) CALCULATION.-In providing for the re-
16
maining share of the cost of carrying out such a pro-
17
gram, each recipient of assistance under this
18
subpart-
19
"(A) shall provide for such share through
20
a payment in cash or in kind, fairly evaluated,
21
including facilities, equipment, or services; and
22
"(B) may provide for such share through
23
State sources, local sources, or Federal sources
24
(other than funds made available under this
25
Act).
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89
1
"(b) WAIVER.-The Chairperson may waive the re-
2 quirements of subsection (a) with respect to any such pro-
3 gram in any fiscal year if the Corporation determines that
4 such a waiver would be equitable due to a lack of available
5 financial resources at the local level.
6 "SEC. 116A. LIMITATIONS ON USES OF FUNDS.
7
"(a) ADMINISTRATIVE COSTS.-
8
"(1) STATE EDUCATIONAL AGENCY, INDIAN
9
TRIBE, OR GRANTMAKING ENTITY.-A State edu-
10
cational agency, Indian tribe, or grantmaking entity
11
that receives a grant or allotment under this subpart
12
for a fiscal year may reserve not more than 5 per-
13
cent of the funds made available through the grant
14
or allotment for the fiscal year, for administrative
15
costs of programs carried out under this subpart.
16
"(2) GRANT RECIPIENT.-If a grantmaking en-
17
tity makes a reservation under paragraph (1) of
18
funds made available for a fiscal year, a partnership
19
that receives a grant from the grantmaking entity
20
under this subpart for such fiscal year may not use
21
funds made available through the grant for adminis-
22
trative costs. If the grantmaking entity does not
23
make such a reservation, the partnership that re-
24
ceives the grant may use not more than 5 percent
25
of the funds made available through the grant for
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S.L.C.
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1
administrative costs of programs carried out under
2
this subpart.
3
"(b) CAPACITY-BUILDING ACTIVITIES.-A State edu-
4 cational agency or Indian tribe that receives a grant or
5 allotment under this subpart for a fiscal year may reserve
6 not less than 10 percent and not more than 15 percent
7 of such funds, to build capacity through training, technical
8 assistance, curriculum development, and coordination ac-
9 tivities, described in section 111(a)(1).
10
"(c) LOCAL USES OF FUNDS.-Funds made available
11 under this subpart may not be used to pay any stipend,
12 allowance, or other financial support to any elementary or
13 secondary school student who is a participant under this
14 subtitle, except reimbursement for transportation, meals,
15 and other reasonable out-of-pocket expenses directly relat-
16 ed to participation in a program assisted under this sub-
17 part.
18 "SEC. 116B. DEFINITIONS.
19
"As used in this subpart:
20
"(1) GRANTMAKING ENTITY.-The term
21
'grantmaking entity' means an organization de-
22
scribed in section 111B(a).
23
"(2) SCHOOL-BASED.-The term 'school-based'
24
means based in an elementary school or a secondary
25
school.
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S.L.C.
91
1
"(3) STUDENT.-Notwithstanding section
2
101(28), the term 'student' means an individual who
3
is enrolled in an elementary or secondary school on
4
a full- or part-time basis.
5 "Subpart B-Community-Based Service Programs for
6
School-Age Youth
7 "SEC. 117. DEFINITIONS.
8
"As used in this subpart:
9
"(1) COMMUNITY-BASED SERVICE PROGRAM.-
10
The term "community-based service program' means
11
a program described in section 117A(b)(1)(A).
12
"(2) GRANTMAKING ENTITY.-The term
13
'grantmaking entity' means a qualified organization
14
that-
15
"(A) submits an application under section
16
117C(a) to make grants to qualified organiza-
17
tions;
18
"(B) has experience with service-learning;
19
and
20
"(C) was in existence 1 year before the
21
date on which the organization submitted the
22
application.
23
"(3) QUALIFIED ORGANIZATION.-The term
24
'qualified organization' means a public or private
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S.L.C.
92
1
nonprofit organization with experience working with
2
school-age youth.
3 "SEC. 117A. GENERAL AUTHORITY.
4
"(a) GRANTS.-From the funds appropriated to
5 carry out this subpart for a fiscal year, the Corporation
6 may make grants to State Commissions, grantmaking en-
7 tities, and qualified organizations to pay for the Federal
8 share of the implementation, operation, expansion, or rep-
9 lication of community-based service programs.
10
"(b) USE OF FUNDS.-
11
"(1) STATE COMMISSIONS AND GRANTMAKING
12
ENTITIES.-A State Commission or grantmaking en-
13
tity may use a grant made under subsection (a)-
14
"(A) to make a grant to a qualified organi-
15
zation to implement, operate, expand, or rep-
16
licate such a program that provides projects in-
17
volving meaningful human, educational, envi-
18
ronmental, or public safety service by partici-
19
pants, who shall be school-age youth; or
20
"(B) to provide training and technical as-
21
sistance to a such an organization.
22
"(2) QUALIFIED ORGANIZATIONS.-A qualified
23
organization, other than a grantmaking entity, may
24
use a grant made under subsection (a) to implement,
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
93
1
operate, expand, or replicate a program described in
2
paragraph (1)(A).
3 "SEC. 117B. STATE APPLICATIONS.
4
"(a) IN GENERAL.-To be eligible to receive a grant
5 under section 117A(a), a State Commission shall prepare,
6 submit to the Corporation, and obtain approval of, an ap-
7 plication.
8
"(b) SUBMISSION.-Such application shall be submit-
9 ted to the Corporation at such time and in such manner,
10 and shall contain such information, as the Chairperson
11 may reasonably require.
12
"(c) CONTENTS.-Such an application shall include,
13 at a minimum, a State plan that contains the descriptions,
14 proposals, and assurance described in section 117C(d)
15 with respect to each community-based service program
16 proposed to be carried out through funding distributed by
17 the State Commission under this subpart.
18 "SEC. 117C. LOCAL APPLICATIONS.
19
"(a) APPLICATION TO CORPORATION TO MAKE
20 GRANTS FOR COMMUNITY-BASED SERVICE PROGRAMS.-
21 To be eligible to receive a grant from the Corporation
22 under section 117A(a) to make grants under section
23 117A(b)(1), a qualified organization shall prepare, submit
24 to the Corporation, and obtain approval of, an application
25 that proposes a community-based service program to be
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
94
1 carried out through grants made to qualified organiza-
2 tions. Such application shall be submitted at such time
3 and in such manner, and shall contain such information,
4 as the Chairperson may reasonably require.
5
"(b) DIRECT APPLICATION TO CORPORATION TO
6 CARRY OUT COMMUNITY-BASED SERVICE PROGRAMS.-
7 To be eligible to receive a grant from the Corporation
8 under section 117A(a) to implement, operate, expand, or
9 replicate a community service program, a qualified organi-
10 zation shall prepare, submit to the Corporation, and ob-
11 tain approval of, an application that proposes a commu-
12 nity-based service program to be carried out at multiple
13 sites, or that proposes an innovative community-based
14 service program. Such application shall be submitted at
15 such time and in such manner, and shall contain such in-
16 formation, as the Chairperson may reasonably require.
17
"(c) APPLICATION TO STATE COMMISSION OR
18 GRANTMAKING ENTITY TO RECEIVE GRANTS TO CARRY
19 OUT COMMUNITY-BASED SERVICE PROGRAMS.-To be el-
20 igible to receive a grant from a State Commission or
21 grantmaking entity under section 117A(b)(1), a qualified
22 organization shall prepare, submit to the Commission or
23 entity, and obtain approval of, an application. Such appli-
24 cation shall be submitted at such time and in such man-
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S.L.C.
95
1 ner, and shall contain such information, as the Commis-
2 sion or entity may reasonably require.
3
"(d) REQUIREMENTS OF APPLICATION.-An applica-
4 tion submitted under subsection (a), (b), or (c) shall, at
5 a minimum, contain-
6
"(1) a description of any community-based
7
service program proposed to be implemented, oper-
8
ated, expanded, or replicated directly by the appli-
9
cant using assistance provided under this subpart;
10
"(2) a description of any grant program pro-
11
posed to be conducted by the applicant with assist-
12
ance provided under this subpart to support a com-
13
munity-based service program;
14
"(3) a proposal for carrying out the commu-
15
nity-based service program that describes the man-
16
ner in which the entity carrying out the program
17
will-
18
"(A) provide preservice and inservice train-
19
ing, for supervisors and participants, that will
20
be conducted by qualified individuals, or quali-
21
fied organizations, that have experience in com-
22
munity-based service programs;
23
"(B) include economically disadvantaged
24
individuals as participants in the program pro-
25
posed by the applicant;
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S.L.C.
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1
"(C) provide an age-appropriate service-
2
learning component described in section
3
114(d)(5)(B);
4
"(D) conduct an appropriate evaluation of
5
the program;
6
"(E) provide for appropriate community
7
involvement in the program;
8
"(F) provide service experiences that pro-
9
mote leadership abilities among participants in
10
the program, including experiences that involve
11
such participants in program design;
12
"(G) involve participants in projects ap-
13
proved by community-based agencies;
14
"(H) establish and measure progress to-
15
ward the goals of the program; and
16
"(I) organize participants in the program
17
into teams, with team leaders who may be par-
18
ticipants in a program under subtitle C or indi-
19
viduals who receive a national service edu-
20
cational award under subtitle D; and
21
"(4) an assurance that the entity carrying out
22
the program proposed by the applicant will comply
23
with the nonduplication and nondisplacement provi-
24
sions of section 177.
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S.L.C.
97
1 "SEC. 117D. CONSIDERATION OF APPLICATIONS.
2
"(a) APPLICATION OF CRITERIA.-The Corporation
3 shall apply the criteria described in subsection (b) in de-
4 termining whether to approve an application submitted
5 under section 117B or under subsection (a) or (b) of sec-
6 tion 117C and to provide assistance under section 117A
7 to the applicant on the basis of the application.
8
"(b) ASSISTANCE CRITERIA.-The Corporation shall
9 consider, in evaluating such an application-
10
"(1) in the case of an application submitted by
11
a State Commission, the quality of the State plan
12
required under section 117B;
13
"(2) the quality of the community-based service
14
program to be conducted directly or supported by
15
the applicant;
16
"(3) the innovative aspects of the program, and
17
the extent to which the program can be replicated;
18
"(4) the sustainability of the program, based
19
on-
20
"(A) evidence of strong and broad-based
21
community support for the program; and
22
"(B) the existence of multiple funding
23
sources and private funding that will permit
24
continuation of the program after the assistance
25
received under this subpart for the program has
26
ended;
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1
"(5)(A) the extent to which the program builds
2
on programs, authorized under this Act or under
3
other authority, that are in existence on the date of
4
submission of the application; and
5
"(B) the past performance of such programs;
6
"(6) the extent to which the community-based
7
service program involves participants in the design,
8
operation, and leadership of the program;
9
"(7) the extent to which the program provides
10
services where the services are needed most, such as
11
in communities that are designated as enterprise
12
zones or redevelopment areas or are otherwise tar-
13
geted for special economic incentives, areas that are
14
environmentally distressed, and communities ad-
15
versely affected by reductions in defense spending;
16
and
17
"(8) such other factors as the Chairperson con-
18
siders to be appropriate.
19
"(c) APPLICATION TO SUBGRANTS.-A State Com-
20 mission or grantmaking entity shall apply the criteria de-
21 scribed in subsection (b) in determining whether to ap-
22 prove an application under section 117C(c) and to make
23 a grant under section 117A(b)(1) to the applicant on the
24 basis of the application.
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99
1 "SEC. 117E. FEDERAL, STATE, AND LOCAL CONTRIBUTIONS.
2
"(a) FEDERAL SHARE.-
3
"(1) IN GENERAL.-The Federal share attrib-
4
utable to this subpart of the cost of carrying out a
5
program for which a grant is made under this sub-
6
part may not exceed the percentage specified in sub-
7
paragraph (A), (B), (C), or (D) of section 116(a)(1),
8
as appropriate.
9
"(2) CALCULATION.-Each recipient of assist-
10
ance under this subpart shall comply with section
11
116(a)(2).
12
"(b) WAIVER.-The Chairperson may waive the re-
13 quirements of subsection (a) as provided in section 116(b).
14 "SEC. 117F. LIMITATIONS ON USES OF FUNDS.
15
"(a) STATE COMMISSION OR GRANTMAKING EN-
16 TITY.-A State Commission or grantmaking entity that
17 receives a grant under this subpart for a fiscal year may
18 reserve not more than 5 percent of the funds made avail-
19 able through such grant for the fiscal year, for administra-
20 tive costs of programs carried out under this subpart.
21
"(b) QUALIFIED ORGANIZATION.-If a grantmaking
22 entity makes a reservation under subsection (a) of funds
23 made available for a fiscal year, a qualified organization
24 that receives a grant from the entity under this subpart
25 for such fiscal year may not use funds made available
26 through the grant for administrative costs. If the entity
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S.L.C.
100
1 does not make such a reservation, the qualified organiza-
2 tion that receives the grant may use not more than 5 per-
3 cent of the funds made available through the grant for
4 administrative costs of programs carried out under this
5 subpart.
6
"Subpart C-Clearinghouse
7 "SEC. 118. SERVICE-LEARNING CLEARINGHOUSE.
8
"(a) IN GENERAL.-The Corporation shall provide fi-
9 nancial assistance, from funds appropriated to carry out
10 subtitle G, to agencies described in subsection (b) to estab-
11 lish a clearinghouse, which shall carry out activities, either
12 directly or by contract with another such entity, with re-
13 spect to information about service-learning.
14
"(b) PUBLIC AND PRIVATE NONPROFIT AGENCIES.-
15 Public and private nonprofit agencies that have extensive
16 experience with service-learning, including use of adult vol-
17 unteers to foster service-learning, shall be eligible to re-
18 ceive assistance under subsection (a).
19
"(c) FUNCTION OF CLEARINGHOUSE.-An entity
20 that receives assistance under subsection (a) may-
21
"(1) assist entities carrying out State or local
22
service-learning programs with needs assessments
23
and planning;
24
"(2) conduct research and evaluations concern-
25
ing service-learning;
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S.L.C.
101
1
"(3)(A) provide leadership development and
2
training to State and local service-learning program
3
administrators, supervisors, service sponsors, and
4
participants; and
5
"(B) provide training to persons who can pro-
6
vide the leadership development and training de-
7
scribed in subparagraph (A);
8
"(4) facilitate communication among entities
9
carrying out service-learning programs and partici-
10
pants in such programs;
11
"(5) provide information, curriculum materials,
12
and technical assistance relating to planning and op-
13
eration of service-learning programs, to States and
14
local entities eligible to receive financial assistance
15
under this title;
16
(6)(A) gather and disseminate information on
17
successful service-learning programs, components of
18
such successful programs, innovative youth skills
19
curricula related to service-learning, and service-
20
learning projects; and
21
"(B) coordinate the activities of the Clearing-
22
house with appropriate entities to avoid duplication
23
of effort;
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S.L.C.
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1
"(7) make recommendations to State and local
2
entities on quality controls to improve the quality of
3
service-learning programs;
4
"(8) assist organizations in recruiting, screen-
5
ing, and placing service-learning coordinators; and
6
"(9) carry out such other activities as the Cor-
7
poration determines to be appropriate.
8
"Subpart D-General Provisions
9 "SEC. 119. AVAILABILITY OF APPROPRIATIONS.
10
"Of the aggregate amount appropriated to carry out
11 this part for each fiscal year-
12
"(1) a sum equal to 85 percent of such amount
13
shall be available to carry out subpart A; and
14
"(2) a sum equal to 15 percent of such amount
15
shall be available to carry out subpart B.".
16
(b) HIGHER EDUCATION INNOVATIVE PROJECTS.-
17 Part II of subtitle B of title I of the National and Commu-
18 nity Service Act of 1990 (42 U.S.C. 12531 et seq.) is
19 amended to read as follows:
20
"PART II-HIGHER EDUCATION INNOVATIVE
21
PROGRAMS FOR COMMUNITY SERVICE
22 "SEC. 120. HIGHER EDUCATION INNOVATIVE PROGRAMS
23
FOR COMMUNITY SERVICE.
24
"(a) PURPOSE.-It is the purpose of this part to ex-
25 pand participation in community service by supporting in-
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103
1 novative community service programs carried out through
2 institutions of higher education, acting as civic institutions
3 to improve the health and well-being of neighboring com-
4 munities.
5
"(b) GENERAL AUTHORITY.-The Corporation, in
6 consultation with the Secretary of Education, is author-
7 ized to make grants to, and enter into contracts with, in-
8 stitutions of higher education (including a combination of
9 such institutions), and partnerships comprised of such in-
10 stitutions and of other public agencies or nonprofit private
11 organizations, to pay for the Federal share of the cost of-
12
"(1) enabling such an institution or partnership
13
to create or expand an organized community service
14
program that engenders a sense of social responsibil-
15
ity and commitment to the community in which the
16
institution is located, and provides projects for par-
17
ticipants, who shall be students, faculty, administra-
18
tion, or staff of the institution, or residents of the
19
community;
20
"(2) supporting student-initiated and student-
21
designed community service projects through the
22
program;
23
"(3) facilitating the integration of community
24
service carried out under the program into academic
25
curricula, including integration of clinical programs
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104
1
into the curriculum for students in professional
2
schools, SO that students can obtain credit for their
3
community service projects;
4
"(4) supplementing the funds available to carry
5
out work-study programs under part C of title IV of
6
the Higher Education Act of 1965 (42 U.S.C. 2751
7
et seq.) to support service-learning and community
8
service through the community service program;
9
"(5) strengthening the service infrastructure
10
within institutions of higher education in the United
11
States through the program; and
12
"(6) providing for the training of teachers, pro-
13
spective teachers, related education personnel, and
14
community leaders in the skills necessary to develop,
15
supervise, and organize service-learning.
16
"(c) FEDERAL SHARE.-
17
"(1) SHARE.-
18
"(A) IN GENERAL.-The Federal share of
19
the cost of carrying out a community service
20
project for which a grant or contract is awarded
21
under this part may not exceed 50 percent.
22
"(B) CALCULATION.-Each recipient of as-
23
sistance under this part shall comply with sec-
24
tion 116(a)(2).
April 23, 1993
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DISCUSSION DRAFT
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105
1
"(2) WAIVER.-The Chairperson may waive the
2
requirements of paragraph (1) as provided in section
3
116(b).
4
"(d) APPLICATION FOR GRANT.-
5
"(1) SUBMISSION.-To receive a grant or enter
6
into a contract under this part, an institution or
7
partnership described in subsection (b) shall pre-
8
pare, submit to the Corporation, and obtain approval
9
of, an application at such time and in such manner
10
as the Chairperson may reasonably require.
11
"(2) CONTENTS.-An application submitted
12
under paragraph (1) shall contain-
13
"(A) such information as the Chairperson
14
may reasonably require, such as a description
15
of-
16
"(i) the proposed program to be es-
17
tablished with assistance provided under
18
the grant or contract;
19
"(ii) the human, educational, environ-
20
mental, or public safety service that par-
21
ticipants will perform and the community
22
need that will be addressed under such
23
program;
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S.L.C.
106
1
"(iii) whether or not students will re-
2
ceive academic credit for community serv-
3
ice projects under the program;
4
"(iv) the procedure for training super-
5
visors and participants and for supervising
6
and organizing participants in such pro-
7
gram;
8
"(v) the procedures to ensure that the
9
program includes the age-appropriate
10
learning component described in section
11
114(d)(5)(B);
12
"(vi) the roles played by community
13
members, including service recipients, in
14
the design and implementation of the pro-
15
gram; and
16
"(vii) the budget for the program;
17
"(B) assurances that-
18
"(i) prior to the placement of a partic-
19
ipant, the applicant will consult with any
20
local labor organization representing em-
21
ployees in the area who are engaged in the
22
same or similar work as that proposed to
23
be carried out by such program, to prevent
24
the displacement and protect the rights of
25
such employees; and
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
107
1
"(ii) the applicant will comply with
2
the nonduplication and nondisplacement
3
provisions of section 177; and
4
"(C) such other assurances as the Chair-
5
person may reasonably require.
6
"(e) PRIORITY.-
7
"(1) IN GENERAL.-In making grants and en-
8
tering into contracts under subsection (b), the Cor-
9
poration shall give priority to applicants that submit
10
applications containing proposals that-
11
"(A) demonstrate the commitment of the
12
institution of higher education, other than by
13
demonstrating the commitment of the students,
14
to supporting the community service projects
15
carried out under the program;
16
"(B) specify the manner in which the insti-
17
tution will promote faculty, administration, and
18
staff participation in the community service
19
projects;
20
"(C) specify the manner in which the insti-
21
tution will provide service to the community
22
through organized programs, including, where
23
appropriate, clinical programs for students in
24
professional schools;
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
108
1
"(D) describe any partnership that will
2
participate in the community service projects,
3
such as a partnership comprised of-
4
"(i) the institution;
5
"(ii)(I) a community-based agency;
6
"(II) a local government agency; or
7
"(III) a nonprofit entity that serves or
8
involves school-age youth or older adults;
9
or
10
"(iii) a student organization;
11
"(E) demonstrate community involvement
12
in the development of the proposal;
13
"(F) specify that the institution will use
14
such assistance to strengthen the service infra-
15
structure in institutions of higher education; or
16
"(G) with respect to projects involving de-
17
livery of service, specify projects that involve
18
leadership development of school-age youth.
19
"(2) DETERMINATION.-In giving priority to
20
applicants under paragraph (1), the Corporation
21
shall give increased priority to such an applicant for
22
each characteristic described in subparagraphs (A)
23
through (G) of paragraph (1) that is reflected in the
24
application submitted by the applicant.
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S.L.C.
109
1
"(f) NATIONAL SERVICE EDUCATIONAL AWARD.-A
2 participant in a program funded under this part shall be
3 eligible for the national service educational award de-
4 scribed in subtitle D, if the participant served in an ap-
5 proved national service position.
6
"(g)
DEFINITION.-Notwithstanding
section
7 101(28), as used in this part, the term 'student' means
8 an individual who is enrolled in an institution of higher
9 education on a full- or part-time basis."
10
(c) TABLE OF CONTENTS.-Section 1(b) of the Na-
11 tional and Community Service Act of 1990 (Public Law
12 101-610; 104 Stat. 3127) is amended by striking the
13 items relating to subtitle B of title I of such Act and in-
14 serting the following:
"Subtitle B-School-Based and Community-Based Service-Learning Programs
"PART I-SERVE-AMERICA PROGRAMS
"SUBPART A-SCHOOL-BASED PROGRAMS FOR STUDENTS
"Sec. 111. Authority to assist States and Indian tribes.
"Sec. 111A. Authority to assist local applicants in nonparticipating States.
"Sec. 111B. Authority to assist public or private nonprofit organizations.
"Sec. 112. Grants and allotments.
"Sec. 113. State or tribal applications.
"Sec. 114. Local applications.
"Sec. 115. Consideration of applications.
"Sec. 115A. Participation of students and teachers from private schools.
"Sec. 116. Federal, State, and local contributions.
"Sec. 116A. Limitations on uses of funds.
"Sec. 116B. Definitions.
"SUBPART B-COMMUNITY-BASED SERVICE PROGRAMS FOR SCHOOL-AGE
YOUTH
"Sec. 117. Definitions.
"Sec. 117A. General authority.
"Sec. 117B. State applications.
"Sec. 117C. Local applications.
"Sec. 117D. Consideration of applications.
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S.L.C.
110
"Sec. 117E. Federal, State, and local contributions.
"Sec. 117F. Limitations on uses of funds.
"SUBPART C-CLEARINGHOUSE
"Sec. 118. Service-learning clearinghouse.
"SUBPART D-GENERAL PROVISIONS
"Sec. 119. Availability of appropriations.
"PART II-HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY
SERVICE
"Sec. 120. Higher education innovative programs for community service.".
1
(d) TECHNICAL AND CONFORMING AMENDMENTS.-
2 Section 172(a)(3)(A) of the National and Community
3 Service Act of 1990 (42 U.S.C. 12632(a)(3)(A)) is amend-
4 ed by striking "113(9)" and inserting "113(b)(1)(C)(v)"
5 SEC. 104. QUALITY AND INNOVATION ACTIVITIES.
6
(a) REPEAL.-Subtitle E of title I of the National
7 and Community Service Act of 1990 (42 U.S.C. 12591
8 et seq.) is repealed.
9
(b) TRANSFER.-Title I of the National and Commu-
10 nity Service Act of 1990 is amended—
11
(1) by redesignating subtitle H (42 U.S.C.
12
12653 et seq.) as, and transferring such subtitle to,
13
subtitle E;
14
(2) by inserting subtitle E (as SO redesignated
15
by paragraph (1) of this subsection) after subtitle D;
16
and
17
(3) by redesignating sections 195 through 1950
18
as sections 151 through 166, respectively.
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
111
1
(c) INVESTMENT FUND FOR QUALITY AND INNOVA-
2 TION.-Title I of the National and Community Service Act
3 of 1990 (as amended by subsection (b) of this section)
4 is amended by adding at the end the following new sub-
5 title:
6
"Subtitle H-Quality and
7
Innovation Activities
8 "SEC. 198. ADDITIONAL CORPORATION ACTIVITIES TO SUP-
9
PORT NATIONAL SERVICE.
10
"(a) METHODS OF CONDUCTING ACTIVITIES.-The
11 Corporation may carry out this section directly or through
12 grants, contracts, and cooperative agreements with other
13 entities.
14
"(b) INNOVATION AND QUALITY IMPROVEMENT.-
15 The Corporation may undertake activities to improve the
16 quality of national service programs and to support inno-
17 vative and model programs, including programs for rural
18 youth, employer-based retiree programs, intergenerational
19 programs, and programs sponsored by State Governors.
20 An intergenerational program referred to in this sub-
21 section may include a program in which older adults pro-
22 vide services to children who participate in Head Start
23 programs.
24
"(c) SUMMER PROGRAMS.-The Corporation may
25 support service programs intended to be carried out be-
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
112
1 tween May 1 and October 1, except that such a program
2 may also include a year-round component.
3
"(d) COMMUNITY-BASED AGENCIES.-The Corpora-
4 tion may provide training and technical assistance and
5 other assistance to service sponsors and other community-
6 based agencies that provide volunteer placements in order
7 to improve the ability of such agencies to use participants
8 and other volunteers in a manner that results in high-qual-
9 ity service and a positive service experience for the partici-
10 pants and volunteers.
11
"(e) IMPROVE ABILITY TO APPLY FOR ASSIST-
12 ANCE.-The Corporation may provide training and tech-
13 nical assistance to individuals, programs, State edu-
14 cational agencies, State commissions, local educational
15 agencies, local governments, community-based agencies,
16 and other entities to enable them to apply for funding
17 under a national service law, to conduct high-quality pro-
18 grams, to evaluate such programs, and for other purposes.
19
"(f) NATIONAL SERVICE FELLOWSHIPS.-The Cor-
20 poration may award national service fellowships.
21
"(g) CONFERENCES AND MATERIALS.-The Corpora-
22 tion may organize and hold conferences, and prepare and
23 publish materials, to disseminate information and promote
24 the sharing of information among programs for the pur-
25 pose improving the quality of programs and projects.
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
113
1
"(h) PEACE CORPS AND FEDERAL PROGRAMS.-The
2 Corporation may provide training assistance to selected in-
3 dividuals who volunteer to serve in the Peace Corps or a
4 program authorized under title I of the Domestic Volun-
5 teer Service Act of 1973 (42 U.S.C. 4951 et seq.). The
6 training shall be provided as part of the course of study
7 of the individual at an institution of higher education and
8 shall cover appropriate skills that the individual will use
9 in the Peace Corps or VISTA.
10
"(i) PROMOTION AND RECRUITMENT.-The Corpora-
11 tion may conduct a campaign to raise funds for the Na-
12 tional Service Trust and to promote and recruit partici-
13 pants for programs that receive assistance under the na-
14 tional service laws.
15
"(j) TRAINING.-The Corporation may support na-
16 tional and regional participant and supervisor training, in-
17 cluding training in specific types of service and in building
18 a national service ethic.
19
"(k) RESEARCH.-The Corporation may support re-
20 search on national service, including service-learning.
21
"(l) INTERGENERATIONAL SUPPORT.-The Corpora-
22 tion may assist programs in developing a service compo-
23 nent that combines students, out-of-school youths, and
24 older adults as participants to provide needed community
25 services.
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DISCUSSION DRAFT
S.L.C.
114
1
"(m) PLANNING COORDINATION.-The Corporation
2 may coordinate community-wide planning among pro-
3 grams and projects.
4
"(n) POINTS OF LIGHT FOUNDATION.-The Cor-
5 poration may support the activities of the Points of Light
6 Foundation under title III.
7
"(o) ESPRIT DE CORPS.-The Corporation may sup-
8 port the development and dissemination of materials, in-
9 cluding training materials and uniforms, designed to pro-
10 mote unity and shared features among programs that re-
11 ceive assistance under the national service laws.
12 "SEC. 198A. CLEARINGHOUSES.
13
"(a) ASSISTANCE.-The Corporation shall provide as-
14 sistance to appropriate entities to establish one or more
15 clearinghouses, including the clearinghouse described in
16 section 118.
17
"(b) APPLICATION.-To be eligible to receive assist-
18 ance under subsection (a), an entity shall submit an appli-
19 cation to the Corporation at such time, in such manner,
20 and containing such information as the Corporation may
21 require.
22 "SEC. 198B. PRESIDENTIAL AWARDS FOR SERVICE.
23
"(a) PRESIDENTIAL AWARDS.-
24
"(1) IN GENERAL.-The President, acting
25
through the Corporation, may make Presidential
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
115
1
awards for service to individuals providing signifi-
2
cant service, and to outstanding service programs.
3
"(2) INDIVIDUALS AND PROGRAMS.-Notwith-
4
standing section 101(17)-
5
"(A) an individual receiving an award
6
under this subsection need not be a participant
7
in a program authorized under this Act; and
8
"(B) a program receiving an award under
9
this subsection need not be a program author-
10
ized under this Act.
11
"(3) NATURE OF AWARD.-In making an award
12
under this section to an individual or program, the
13
President, acting through the Corporation-
14
"(A) is authorized to incur necessary ex-
15
penses for the honorary recognition of the indi-
16
vidual or program; and
17
"(B) is not authorized to make a cash
18
award to such individual or program.
19
"(b) INFORMATION.-The President, acting through
20 the Corporation, shall ensure that information concerning
21 individuals and programs receiving awards under this sec-
22 tion is widely disseminated."
23
(d) TABLE OF CONTENTS.-
24
(1) CIVILIAN COMMUNITY CORPS.-Section 1(b)
25
of the National and Community Service Act of 1990
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
116
1
(Public Law 101-610; 104 Stat. 3127) is amended
2
by striking the items relating to subtitle E of title
3
I of such Act and inserting the following:
"Subtitle E-Civilian Community Corps
"Sec. 151. Purpose.
"Sec. 152. Establishment of Civilian Community Corps Demonstration
Program.
"Sec. 153. National service program.
"Sec. 154. Summer national service program.
"Sec. 155. Civilian Community Corps.
"Sec. 156. Training.
"Sec. 157. Service projects.
"Sec. 158. Authorized benefits for Corps personnel under Federal law.
"Sec. 159. Administrative provisions.
"Sec. 160. Status of Corps members and Corps personnel under Federal
law.
"Sec. 161. Contract and grant authority.
"Sec. 162. Responsibilities of other departments.
"Sec. 163. Advisory board.
"Sec. 164. Annual evaluation.
"Sec. 165. Funding limitation.
"Sec. 166. Definitions.".
4
(2) QUALITY AND INNOVATION.-Section 1(b)
5
of the National and Community Service Act of 1990
6
(Public Law 101-610; 104 Stat. 3127) is amended
7
by striking the items relating to subtitle H of title
8
I of such Act and inserting the following:
"Subtitle H-Quality and Innovation Activities
"Sec. 198. Additional corporation activities to support national service.
"Sec. 198A. Clearinghouses.
"Sec. 198B. Presidential awards for service.".
9
(e) TECHNICAL AND CONFORMING AMENDMENTS.-
10
(1) NATIONAL DEFENSE AUTHORIZATION ACT
11
FOR FISCAL YEAR 1993.-
12
(A) Section 1091(f)(2) of the National De-
13
fense Authorization Act for Fiscal Year 1993
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
117
1
(Public Law 102-484) is amended by striking
2
"195G" and inserting "158".
3
(B) Paragraphs (1) and (2) of section
4
1092(b), and sections 1092(c), 1093(a), and
5
1094(a) of such Act are amended by striking
6
"195A" and inserting "152".
7
(C) Sections 1091(f)(2), 1092(b)(1), and
8
1094(a), and subsections (a) and (c) of section
9
1095 of such Act are amended by striking
10
"subtitle H" and inserting "subtitle E".
11
(D) Section 1094(b)(1) and subsections (b)
12
and (c)(1) of section 1095 of such Act are
13
amended by striking "subtitles B, C, D, E, F,
14
and G" and inserting "subtitles B, C, D, F, G,
15
and H".
16
(2) NATIONAL AND COMMUNITY SERVICE ACT
17
OF 1990
18
(A) Section 102 of the National and Com-
19
munity Service Act of 1990 (42 U.S.C. 12512)
20
is amended by striking "B, C, D, or E" and in-
21
serting "B, C, D, or H".
22
(B) Subsections (b) and (c) of section 171
23
of such Act (42 U.S.C. 12631) are amended by
24
striking "B through E" and inserting "B, C, D,
25
and H".
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
118
1
(C) Section 195B(a) of such Act (42
2
U.S.C. 12635b(a)) is amended by striking
3
"195A(a)" and inserting "152(a)".
4
(D) Section 195C(a) of such Act (42
5
U.S.C. 12635c(a)) is amended by striking
6
"195A(a)" and inserting "152(a)".
7
(E) Section 195D of such Act (42 U.S.C.
8
12635d) is amended-
9
(i) in subsection (a), by striking
10
"195H(c)(1)" and inserting "159(c)(1)";
11
(ii) in subsection (c)(2), by striking
12
"195H(c)(2)" and inserting "159(c)(2)";
13
and
14
(iii) in subsection (d)(3), by striking
15
"195K(a)(3)" and inserting "162(a)(3)".
16
(F) Section 195E of such Act (42 U.S.C.
17
12635e) is amended—
18
(i) in subsection (c)(1), by striking
19
"195H(c)(2)" and inserting "159(c)(2)";
20
and
21
(ii) in subsection (d), by striking
22
"195K(a)(3)" and inserting "162(a)(3)'.
23
(G) Section 195H of such Act (42 U.S.C.
24
12635h) is amended-
25
(i) in subsection (a)—
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
119
1
(I) by striking "195A" and in-
2
serting "152"; and
3
(II) by striking "195" and in-
4
serting "151"; and
5
(ii) in subsection (c)(2)(C)(i), by
6
striking "195K(a)(2)" and inserting "sec-
7
tion 162(a)(2)".
8
(H) Section 195J(b)(1)(B) of such Act (42
9
U.S.C. 12635j(b)(1)(B)) is amended by striking
10
"195K(a)(3)" and inserting "162(a)(3)".
11
(I) Section 195K(a)(2)(A) of such Act (42
12
U.S.C. 12635k(a)(2)(A)) is amended by strik-
13
ing "195(3)" and inserting "151(3)".
14
(J) Section 1950 of such Act (42 U.S.C.
15
126350) is amended—
16
(i) in paragraph (2), by striking
17
"195D" and inserting "155";
18
(ii) in paragraph (8), by striking
19
"195A" and inserting "152";
20
(iii) in paragraph (10), by striking
21
"195D(d)" and inserting "155(d)"; and
22
(iv) in paragraph (11), by striking
23
"195D(c)" and inserting "155(c)".
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
120
1
SEC. 105. DEFINITIONS.
2
(a) IN GENERAL.-Section 101 of the National and
3 Community Service Act of 1990 (42 U.S.C. 12511) is
4 amended to read as follows:
5 "SEC. 101. DEFINITIONS.
6
"For purposes of this title:
7
"(1) ADULT VOLUNTEER.-The term 'adult vol-
8
unteer' means an individual, such as an older adult,
9
an individual with a disability, a parent, or an em-
10
ployee of a business or public or private nonprofit
11
agency, who-
12
"(A) works without financial remuneration
13
in an educational institution to assist students
14
or out-of-school youth; and
15
((B) is beyond the age of compulsory
16
school attendance in the State in which the edu-
17
cational institution is located.
18
"(2) APPROVED NATIONAL SERVICE POSI-
19
TION.-The term 'approved national service position'
20
means a national service position designated by the
21
Corporation as a position that includes a national
22
service educational award described in section 147
23
as one of the benefits to be provided for successful
24
service in the position.
25
"(3) CARRY OUT.-The term 'carry out', when
26
used in connection with a national service program
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
121
1
described in section 122, means the planning, estab-
2
lishment, operation, expansion, or replication of the
3
program.
4
"(4) CHAIRPERSON.-The term 'Chairperson'
5
means the Chairperson and Director of the Corpora-
6
tion appointed under section 193.
7
"(5) COMMUNITY-BASED AGENCY.-The term
8
'community-based agency' means a private nonprofit
9
organization that is representative of a community
10
and that is engaged in meeting human, educational,
11
environmental, or public safety community needs.
12
"(6) CORPORATION.-The term 'Corporation'
13
means the Corporation for National Service estab-
14
lished under section 191.
15
"(7) ECONOMICALLY DISADVANTAGED.-The
16
term 'economically disadvantaged' has the same
17
meaning given such term in section 4(8) of the Job
18
Training Partnership Act (29 U.S.C. 1503(8)).
19
"(8) ELEMENTARY SCHOOL.-The term 'ele-
20
mentary school' has the same meaning given such
21
term in section 1471(8) of the Elementary and Sec-
22
ondary Education Act of 1965 (20 U.S.C. 2891(8)).
23
"(9) INDIAN.-The term 'Indian' means a per-
24
son who is a member of an Indian tribe.
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DISCUSSION DRAFT
S.L.C.
122
1
(10) INDIAN LANDS.-The term 'Indian lands'
2
means any real property owned by an Indian tribe,
3
any real property held in trust by the United States
4
for an Indian or Indian tribe, and any real property
5
held by an Indian or Indian tribe that is subject to
6
restrictions on alienation imposed by the United
7
States.
8
"(11) INDIAN TRIBE.-The term 'Indian tribe'
9
means an Indian tribe, band, nation, or other orga-
10
nized group or community, including any Native vil-
11
lage, Regional Corporation, or Village Corporation,
12
as defined in subsection (c), (g), or (j), respectively,
13
of section 3 of the Alaska Native Claims Settlement
14
Act (43 U.S.C. 1602 (c), (g), or (j)), that is recog-
15
nized as eligible for the special programs and serv-
16
ices provided by the United States under Federal
17
law to Indians because of their status as Indians.
18
"(12) INSTITUTION OF HIGHER EDUCATION.-
19
The term 'institution of higher education' has the
20
same meaning given such term in section 1201(a) of
21
the Higher Education Act of 1965 (20 U.S.C.
22
1141(a)).
23
"(13) LOCAL EDUCATIONAL AGENCY.-The
24
term 'local educational agency' has the same mean-
25
ing given such term in section 1471(12) of the Ele-
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
123
1
mentary and Secondary Education Act of 1965 (20
2
U.S.C. 2891(12)).
3
"(14) NATIONAL SERVICE LAWS.-The term
4
national service laws' means this Act and the Do-
5
mestic Volunteer Service Act of 1973 (42 U.S.C.
6
4950 et seq.).
7
"(15) OUT-OF-SCHOOL YOUTH.-The term 'out-
8
of-school youth' means an individual who-
9
"(A) has not attained the age of 27;
10
"(B) has not completed college or the
11
equivalent thereof; and
12
"(C) is not enrolled in an elementary or
13
secondary school or institution of higher edu-
14
cation.
15
"(16) PARTICIPANT.-
16
"(A) IN GENERAL.-The term 'participant'
17
means—
18
"(i) for purposes of subtitle C, an in-
19
dividual in an approved national service
20
position; and
21
"(ii) for purposes of any other provi-
22
sion of this Act, an individual enrolled in
23
a program that receives assistance under
24
this title.
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1
"(B) RULE.-A participant shall not be
2
considered to be an employee of the program in
3
which the participant is enrolled.
4
"(17) PARTNERSHIP PROGRAM.-The term
5
'partnership program' means a program through
6
which an adult volunteer, a public or private non-
7
profit agency, an institution of higher education, or
8
a business assists a local educational agency.
9
(18) PROGRAM.-The term 'program', except
10
when used as part of the term 'academic program',
11
means a program described in section 111(a) (other
12
than a program referred to in paragraph (3)(B) of
13
such section), 117A(a), 120(b)(1), or 122(a) (other
14
than a program referred to in paragraph (2)(B) of
15
such section), in paragraph (1) or (2) of section
16
152(b), or in section 198.
17
(19) PROJECT.-The term 'project' means an
18
activity, carried out through a program that receives
19
assistance under this title, that results in a specific
20
identifiable service or improvement.
21
"(20) SCHOOL-AGE YOUTH.-The term 'school-
22
age youth' means an individual between the ages of
23
5 and 18, inclusive.
24
"(21) SECONDARY SCHOOL-The term 'second-
25
ary school' has the same meaning given such term
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S.L.C.
125
1
in section 1471(21) of the Elementary and Second-
2
ary Education Act of 1965 (20 U.S.C. 2891(21)).
3
"(22) SERVICE-LEARNING.-The term 'service-
4
learning' means a method-
5
"(A) under which students or participants
6
learn and develop through active participation
7
in thoughtfully organized service that-
8
"(i) is conducted in and meets the
9
needs of a community;
10
"(ii) is coordinated with an elemen-
11
tary school, secondary school, institution of
12
higher education, or community service
13
program, and with the community; and
14
"(iii) helps foster civic responsibility;
15
and
16
"(B) that-
17
"(i) is integrated into and enhances
18
the academic curriculum of the students,
19
or the educational components of the com-
20
munity service program in which the par-
21
ticipants are enrolled; and
22
"(ii) provides structured time for the
23
students or participants to reflect on the
24
service experience.
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1
"(23) SERVICE-LEARNING COORDINATOR.-The
2
term 'service-learning coordinator' means an individ-
3
ual who provides services as described in section
4
subsection (a)(3) or (b) of section 111.
5
"(24) SERVICE SPONSOR.-The term 'service
6
sponsor' means an organization, or other entity, that
7
has been selected to provide a placement for a par-
8
ticipant.
9
"(25) STATE.-The term 'State' means each of
10
the several States, the District of Columbia, the
11
Commonwealth of Puerto Rico, the Virgin Islands,
12
Guam, American Samoa, and the Commonwealth of
13
the Northern Mariana Islands. The term also in-
14
cludes Palau, until such time as the Compact of
15
Free Association is ratified.
16
"(26) STATE COMMISSION.-The term 'State
17
Commission' means a State Commission on National
18
Service established pursuant to section 178.
19
"(27) STATE EDUCATIONAL AGENCY.-The
20
term 'State educational agency' has the same mean-
21
ing given such term in section 1471(23) of the Ele-
22
mentary and Secondary Education Act of 1965 (20
23
U.S.C. 2891(23)).
24
"(28) STUDENT.-The term 'student' means an
25
individual who is enrolled in an elementary or sec-
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127
1
ondary school or institution of higher education on
2
a full- or part-time basis.".
3
(b) TECHNICAL AND CONFORMING AMENDMENTS.-
4
(1) Section 182(a)(2) of the National and Com-
5
munity Service Act of 1990 (42 U.S.C 12642(a)(2))
6
is amended by striking "adult volunteer and partner-
7
ship" each place the term appears and inserting
8
"partnership".
9
(2) Section 182(a)(3) of the National and Com-
10
munity Service Act of 1990 (42 U.S.C 12642(a)(3))
11
is amended by striking "adult volunteer and partner-
12
ship" and inserting "partnership".
13
(3) Section 441(c)(2) of the Higher Education
14
Act of 1965 (42 U.S.C. 2751(c)(2)) is amended by
15
striking "service opportunities or youth corps as de-
16
fined in section 101 of the National and Community
17
Service Act of 1990, and service in the agencies, in-
18
stitutions and activities designated in section 124(a)
19
of the National and Community Service Act of
20
1990" and inserting "a project, as defined in section
21
101(19) of the National and Community Service Act
22
of 1990 (42 U.S.C. 12511(18))".
23
(4) Section 1122(a)(2)(C) of the Higher Edu-
24
cation Act of 1965 (20 U.S.C. 1137a(a)(2)(C)) is
25
amended by striking "youth corps as defined in sec-
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S.L.C.
128
1
tion 101(30) of the National and Community Service
2
Act of 1990" and inserting "youth corps programs,
3
as described in section 122(a)(1) of the National
4
and Community Service Act of 1990".
5
(5) Section 1201(p) of the Higher Education
6
Act of 1965 (20 U.S.C. 1141(p)) is amended by
7
striking "section 101(22) of the National and Com-
8
munity Service Act of 1990" and inserting "section
9
101(22) of the National and Community Service Act
10
of 1990 (42 U.S.C. 12511(21))".
11
TITLE II-ORGANIZATIONS
12 SEC. 201. STATE COMMISSIONS ON NATIONAL SERVICE.
13
(a) ESTABLISHMENT REQUIRED.-Subtitle F of title
14 I of the National and Community Service Act of 1990 is
15 amended by striking section 178 (42 U.S.C. 12638) and
16 inserting the following new section:
17 "SEC. 178. ESTABLISHMENT OF STATE COMMISSIONS ON
18
NATIONAL SERVICE.
19
"(a) ESTABLISHMENT REQUIRED.-To be eligible to
20 receive a grant or allotment under subtitle B or C, or to
21 receive a distribution of approved national service posi-
22 tions under subtitle C, a State shall establish a State Com-
23 mission on National Service that satisfies the require-
24 ments of this section.
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129
1
"(b) APPOINTMENT AND SIZE.-Except as provided
2 in subsection (c)(2), the members of a State Commission
3 for a State shall be appointed by the chief executive officer
4 of the State. A State Commission shall consist of not less
5 than 7 members and not more than 11 members.
6
"(c) COMPOSITION AND MEMBERSHIP.-
7
"(1) IN GENERAL.-Except as provided in para-
8
graph (2), the members of a State Commission shall
9
be appointed from among the following:
10
"(A) Representatives, including partici-
11
pants, of national service programs, such as
12
youth corps programs, service programs for
13
school-age youth, programs in which older
14
Americans are participants, and other national
15
service programs.
16
"(B) Representatives of labor and business
17
groups and community-based organizations.
18
"(C) Educators and experts regarding na-
19
tional service or regarding the delivery of
20
human, educational, environmental, and public
21
safety services to communities and persons.
22
"(2) CORPORATION REPRESENTATIVE.-The
23
representative of the Corporation designated under
24
section 195(b) for a State shall be a full voting
25
member of the State Commission for that State.
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S.L.C.
130
1
"(3) Ex OFFICIO STATE REPRESENTATIVES.-
2
The chief executive officer of a State may appoint as
3
nonvoting ex officio members of the State Commis-
4
sion for the State not more than
[number]
5
representatives selected from among officers and em-
6
ployees of State agencies operating community serv-
7
ice, youth service, education, social service, senior
8
service, and job training programs.
9
"(d) MISCELLANEOUS MATTERS.-
10
"(1) MEMBERSHIP BALANCE.-The chief execu-
11
tive officer of a State shall ensure that the member-
12
ship of the State Commission for the State is bal-
13
anced according to political affiliation, race, ethnic
14
background, age, and gender.
15
"(2) TERMS.-Each member of the State Com-
16
mission for a State shall serve for a term of 3 years,
17
except that the chief executive officer of a State
18
shall initially appoint a portion of the members to
19
terms of 1 year and 2 years.
20
"(3) VACANCIES.-As vacancies occur on a
21
State Commission, new members shall be appointed
22
by the chief executive of the State and serve for the
23
remainder of the term for which the predecessor of
24
such member was appointed. The vacancy shall not
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S.L.C.
131
1
affect the power of the remaining members to exe-
2
cute the duties of the State Commission.
3
"(4) COMPENSATION.-A member of a State
4
Commission shall not receive any additional com-
5
pensation by reason of service on the State Commis-
6
sion, except that the State may authorize the reim-
7
bursement of travel expenses, including a per diem
8
in lieu of subsistence, in the same manner as other
9
employees serving intermittently in the service of the
10
State.
11
"(5) CHAIRPERSON.-The members of a State
12
Commission shall elect one of the voting members to
13
serve as chairperson of the State Commission.
14
"(e) DUTIES OF A STATE COMMISSION.-The State
15 Commission for a State shall be responsible for the follow-
16 ing duties:
17
"(1) Preparation of the applications of the
18
State under sections 117B and 130 for financial as-
19
sistance.
20
"(2) Assist in the preparation of the application
21
of the State educational agency for assistance under
22
section 113.
23
"(3) Preparation of the application of the State
24
under section 130 for the approval of national serv-
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S.L.C.
132
1
ice positions that include the national service edu-
2
cational award described in subtitle D.
3
"(5) Assist in the provision of health care and
4
child care benefits under section 140 to participants
5
in national service programs that receive assistance
6
under section 121.
7
"(6) Development of a State system for the recruit-
8 ment and placement of participants in national service
9 programs that receive assistance under section 121 and
10 dissemination of information concerning national service
11 programs that receive assistance and approved national
12 service positions..
13
"(7) Administration of any grant program in
14
support of national service programs that is con-
15
ducted by the State using assistance provided to the
16
State under section 121, including oversight and
17
evaluation of grant recipients.
18
"(8) Development of projects, training methods,
19
curriculum materials, and other materials and activi-
20
ties related to national service programs that receive
21
assistance directly from the Corporation or from the
22
State using assistance provided under section 121..
23
"(f) PROHIBITED ACTIVITY.-A State Commission
24 may not directly carry out any national service program
25 that receives assistance under section 121.
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133
1
"(g) APPROVAL OF STATE COMMISSION.-
2
"(1) SUBMISSION TO CORPORATION.-The chief
3
executive officer for a State shall notify the Corpora-
4
tion of the establishment of the State Commission
5
for the State. The notification shall include a de-
6
scription of-
7
"(A) the composition and membership of
8
the State Commission; and
9
"(B) the authority of the State Commis-
10
sion regarding national service activities carried
11
out by the State.
12
"(2) REJECTION.-The Corporation may reject
13
a State Commission if the Corporation determines
14
that the composition, membership, or duties of the
15
State Commission do not comply with the require-
16
ments of this section. If the Corporation rejects a
17
State Commission under this paragraph, the Cor-
18
poration shall promptly notify the State of the rea-
19
sons for the rejection.
20
"(3) RESUBMISSION AND RECONSIDERATION.-
21
The Corporation shall provide a State notified under
22
paragraph (2) with a reasonable opportunity to re-
23
vise the State Commission. At the request of the
24
State, the Corporation shall provide technical assist-
25
ance to the State as part of the revision process.
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1
The Corporation shall promptly reconsider any re-
2
submission of a notification under paragraph (1).
3
"(4) SUBSEQUENT CHANGES.-This subsection
4
shall also apply to any change in the composition or
5
duties of a State Commission made after approval of
6
the Commission.".
7
(b) TABLE OF CONTENTS.-Section 1(b) of the Na-
8 tional and Community Service Act of 1990 (Public Law
9 101-610; 104 Stat. 3127) is amended by striking the item
10 relating to section 178 and inserting the following new
11 item:
"Sec. 178. Establishment of State Commissions on National Service.".
12
(c) EFFECTIVE DATE.-The amendments made by
13 this section shall take effect on the date of the enactment
14 of this Act.
15
(d) TRANSITIONAL PROVISIONS.-
16
(1) USE OF ALTERNATIVES TO STATE COMMIS-
17
SION.-If a State does not have a State Commission
18
on National Service that satisfies the requirements
19
specified in section 178 of the National and Commu-
20
nity Services Act of 1990, as amended by subsection
21
(a), the Corporation for National Service may au-
22
thorize another agency of the State to perform the
23
duties otherwise reserved to a State Commission
24
under subsection (e) of such section.
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S.L.C.
135
1
(2) APPLICATION OF SUBSECTION.-This sub-
2
section shall apply only during the 1-year period be-
3
ginning on the date of the enactment of this Act.
4 SEC. 202. INTERIM AUTHORITIES OF THE CORPORATION
5
FOR NATIONAL SERVICE AND ACTION AGEN-
6
CY.
7
(a) NATIONAL AND COMMUNITY SERVICE ACT OF
8 1990.-Subtitle G of title I of the National and Commu-
9 nity Service Act of 1990 (42 U.S.C. 12651) is amended
10 to read as follows:
11
"Subtitle G-Corporation for
12
National Service
13 "SEC. 191. CORPORATION FOR NATIONAL SERVICE.
14
"There is established a Corporation for National
15 Service that shall administer the programs established
16 under this Act. The Corporation shall be a Government
17 corporation, as defined in section 103 of title 5, United
18 States Code.
19 "SEC. 192. BOARD OF DIRECTORS.
20
"(a) COMPOSITION.-
21
"(1) IN GENERAL.-There shall be in the Cor-
22
poration a Board of Directors (referred to in this
23
subtitle as the 'Board') that shall be composed of-
24
"(A) 11 members, including the Chair-
25
person appointed under section 193, to be ap-
April 23, 1993
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S.L.C.
136
1
pointed by the President, by and with the ad-
2
vice and consent of the Senate; and
3
"(B) the ex officio members described in
4
paragraph (4).
5
"(2) QUALIFICATIONS.-
6
"(A) IN GENERAL.-To the maximum ex-
7
tent practicable, the President shall appoint
8
members—
9
"(i) who have extensive experience in
10
volunteer and service programs, including
11
programs not authorized under this title;
12
"(ii) who represent a broad range of
13
viewpoints;
14
"(iii) who have expertise in the area
15
of human, educational, environmental, or
16
public safety service; and
17
"(iv) SO that the Board shall be di-
18
verse according to race, ethnicity, age, and
19
gender, and shall have bipartisan represen-
20
tation.
21
"(B) GRANT APPLICANTS AND RECIPI-
22
ENTS.-An individual who receives financial as-
23
sistance to carry out activities under this Act
24
during a period shall not be eligible to be ap-
25
pointed to the Board during such period. An in-
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
137
1
dividual who is an applicant for such financial
2
assistance may be appointed to the Board, but
3
shall not participate in any decision involving
4
such assistance.
5
"(3) INITIAL MEMBERS.-The members first
6
appointed to the Board after the date of enactment
7
of this section shall be appointed from among indi-
8
viduals who served on the Board of Directors of the
9
Commission on National and Community Service.
10
"(4) Ex OFFICIO MEMBERS.-The Secretary of
11
Education, the Secretary of Health and Human
12
Services, the Secretary of Labor, the Secretary of
13
the Interior, the Secretary of Agriculture, the Sec-
14
retary of Housing and Urban Development, the Sec-
15
retary of Defense, the Attorney General, and the
16
Administrator of the Environmental Protection
17
Agency shall serve as ex officio nonvoting members
18
of the Board.
19
"(b) TERMS.-Each appointed member of the Board
20 shall serve for a term of 3 years, except that 4 of the mem-
21 bers first appointed to the Board after the date of enact-
22 ment of this section shall serve for a term of 1 year and
23 4 shall serve for a term of 2 years, as designated by the
24 President.
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S.L.C.
138
1
"(c) VACANCIES.-As vacancies occur on the Board,
2 new members shall be appointed by the President, by and
3 with the advice and consent of the Senate, and serve for
4 the remainder of the term for which the predecessor of
5 such member was appointed. The vacancy shall not affect
6 the power of the remaining members to execute the duties
7 of the Board.
8 "SEC. 192A. AUTHORITIES AND DUTIES OF THE BOARD OF
9
DIRECTORS.
10
"(a) MEETINGS.-The Board shall meet not less than
11 3 times each year. The Board shall hold additional meet-
12 ings if 6 members of the Board request such meetings in
13 writing.
14
"(b) QUORUM.-A majority of the appointed mem-
15 bers of the Board shall constitute a quorum.
16
"(c) OFFICERS.-
17
"(1) VICE CHAIRPERSON.-The Board shall
18
elect a Vice Chairperson from among its member-
19
ship. The Vice Chairperson may conduct meetings of
20
the Board in the absence of the Chairperson.
21
"(2) OTHER OFFICERS.-The Board may elect
22
from among its membership such additional officers
23
of the Board as the Board determines to be appro-
24
priate.
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S.L.C.
139
1
"(d) EXPENSES.-While away from their homes or
2 regular places of business on the business of the Board,
3 members of such Board may be allowed travel expenses,
4 including per diem in lieu of subsistence, as is authorized
5 under section 5703 of title 5, United States Code, for per-
6 sons employed intermittently in the Government service.
7
"(e) SPECIAL GOVERNMENT EMPLOYEES.-For pur-
8 poses of the provisions of chapter 11 of part I of title 18,
9 United States Code, and any other provision of Federal
10 law, a member of the Board (to whom such provisions
11 would not otherwise apply except for this subsection) shall
12 be a special Government employee.
13
"(f) TORT CLAIMS.-For the purposes of the tort
14 claims provisions of chapter 171 of title 28, United States
15 Code, a member of the Board shall be considered to be
16 a Federal employee.
17
"(g) DUTIES.-The Board shall-
18
"(1) prepare an annual strategic plan for the
19
Corporation with respect to the grants, allotments,
20
contracts, assistance, and payments described in sec-
21
tion 193A(b)(4)(A), and with respect to such stand-
22
ards, policies, procedures, programs, and initiatives
23
as are necessary or appropriate to carry out this
24
Act;
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S.L.C.
140
1
"(2) make recommendations with respect to the
2
regulations
established
under
section
3
195(a)(3)(B)(i);
4
"(3)(A) review the actions of the Chairperson
5
with respect to the personnel of the Corporation,
6
and with respect to the standards, policies, proce-
7
dures, programs, and initiatives; and
8
"(B) inform the Chairperson of any aspects of
9
the actions that are not in compliance with the an-
10
nual strategic plan described in paragraph (1) or the
11
recommendations described in paragraph (2), or are
12
not consistent with the objectives of this Act;
13
"(4) receive, and act on, the reports issued by
14
the Inspector General of the Corporation;
15
"(5) advise the Chairperson and the Congress
16
concerning developments in national and community
17
service that merit the attention of the Chairperson
18
and the Congress;
19
"(6) provide for research with respect to na-
20
tional and community service programs, including
21
service-learning programs;
22
"(7) arrange for the evaluation of programs es-
23
tablished under this Act, in accordance with section
24
179;
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141
1
"(8) disseminate information regarding the pro-
2
grams and initiatives of the Corporation; and
3
"(9) carry out any other activities determined
4
to be appropriate by the Chairperson.
5
"(h) ADMINISTRATION.-The Federal Advisory Com-
6 mittee Act (5 U.S.C. App.) shall not apply with respect
7 to the Board.
8 "SEC. 193. CHAIRPERSON AND DIRECTOR.
9
"(a) APPOINTMENT.-The Corporation shall be head-
10 ed by an individual who shall serve as Chairperson of the
11 Board and as Director of the Corporation, and who shall
12 be appointed by the President, by and with the advice and
13 consent of the Senate.
14
"(b) COMPENSATION.-The Chairperson shall be
15 compensated at the rate provided for level III of the Exec-
16 utive Schedule under section 5314 of title 5, United States
17 Code.
18
"(c) REGULATIONS.-The Chairperson shall pre-
19 scribe such rules and regulations as are necessary or ap-
20 propriate to carry out this Act.
21 "SEC. 193A. AUTHORITIES AND DUTIES OF THE CHAIR-
22
PERSON.
23
"(a) GENERAL POWERS AND DUTIES.-The Chair-
24 person shall be responsible for the exercise of the powers
25 and the discharge of the duties of the Corporation that
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S.L.C.
142
1 are not reserved to the Board, and shall have authority
2 and control over all personnel of the Corporation.
3
"(b) DUTIES.-In addition to the duties conferred on
4 the Chairperson under any other provision of this Act, the
5 Chairperson shall-
6
"(1) submit a proposal to the Board regarding,
7
and establish, such standards, policies, and proce-
8
dures, as are necessary or appropriate to carry out
9
this Act;
10
"(2) establish and administer such programs
11
and initiatives as the Chairperson, acting on the rec-
12
ommendation of the Board, may determine to be
13
necessary or appropriate to carry out this Act;
14
"(3) consult with appropriate Federal agencies
15
in administering such programs and initiatives;
16
"(4) on the recommendation of the Board-
17
"(A) make such grants and allotments,
18
enter into such contracts, award such other fi-
19
nancial assistance, and make such payments (in
20
lump sum or installments, and in advance or by
21
way of reimbursement, and in the case of finan-
22
cial assistance otherwise authorized under this
23
Act, with necessary adjustments on account of
24
overpayments and underpayments), as are nec-
25
essary or appropriate to carry out this Act; and
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
143
1
"(B) suspend or terminate such payments
2
in accordance with section 176;
3
"(5) prepare and submit to the Board an an-
4
nual report, and such interim reports as may be nec-
5
essary, describing the major actions of the Chair-
6
person with respect to the personnel of the Corpora-
7
tion, and with respect to such standards, policies,
8
procedures, programs, and initiatives;
9
"(6) notify, and provide an explanation to, the
10
Board regarding any substantial differences between
11
the actions of the Chairperson and the strategic plan
12
described in section 192A(g)(1); and
13
"(7) prepare and submit to the appropriate
14
committees of Congress an annual report, and such
15
interim reports as may be necessary, describing-
16
"(A) the services referred to in paragraph
17
(1), and the money and property referred to in
18
paragraph (2), of section 196(a) that have been
19
accepted by the Corporation; and
20
"(B) the manner in which the Corporation
21
used or disposed of such services, money, and
22
property.
23
"(c) POWERS.-In addition to the authority conferred
24 on the Chairperson under any other provision of this Act,
25 the Chairperson may-
April 23, 1993
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144
1
"(1) establish, alter, consolidate, or discontinue
2
such organizational units or components within the
3
Corporation as the Chairperson considers necessary
4
or appropriate;
5
"(2) with the approval of the President—
6
"(A) arrange with and reimburse the heads
7
of other Federal agencies for the performance
8
of any of the provisions of this Act; and
9
"(B) as necessary or appropriate-
10
"(i) delegate any of the functions of
11
the Chairperson under this Act, or, with
12
the permission of the Board, any of the
13
functions of the Board under this Act, to
14
such heads of Federal agencies; and
15
"(ii) authorize the redelegation of
16
such functions,
17
subject to provisions to assure the maximum
18
possible liaison between the Corporation and
19
such other agencies at all operating levels;
20
"(3) with their consent, utilize the services and
21
facilities of Federal agencies without reimbursement,
22
and, with the consent of any State or a political sub-
23
division of a State, accept and utilize the services
24
and facilities of the agencies of such State or sub-
25
divisions without reimbursement;
April 23, 1993
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S.L.C.
145
1
"(4) allocate and expend, or transfer to other
2
Federal agencies for expenditure, such funds made
3
available under this Act as the Chairperson deter-
4
mines to be necessary to carry out the provisions of
5
this Act, including expenditure for construction, re-
6
pairs, and capital improvements;
7
"(5) disseminate, without regard to the provi-
8
sions of section 3204 of title 39, United States
9
Code, data and information, in such form as the
10
Chairperson shall determine to be appropriate to
11
public agencies, private organizations, and the gen-
12
eral public;
13
"(6) collect or compromise all obligations to or
14
held by the Chairperson and all legal or equitable
15
rights accruing to the Chairperson in connection
16
with the payment of obligations in accordance with
17
chapter 37 of title 31, United States Code (com-
18
monly known as the 'Federal Claims Collection Act
19
of 1966');
20
"(7) expend funds made available for purposes
21
of this Act, without regard to any other law or regu-
22
lation, for rent of buildings and space in buildings
23
and for repair, alteration, and improvement of build-
24
ings and space in buildings rented by the Chair-
25
person;
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S.L.C.
146
1
"(8) sue [and be sued] in any court of record
2
of a State having general jurisdiction or in any dis-
3
trict court of the United States, [with respect to a
4
civil action arising under this Act];
5
"(9) exercise the authorities of the Corporation
6
under section 196; and
7
(10) generally perform such functions and
8
take such steps consistent with the objectives and
9
provisions of this Act, as the Chairperson determines
10
to be necessary or appropriate to carry out such pro-
11
visions.
12
"(d) DELEGATION.-
13
"(1) DEFINITION.-As used in this subsection,
14
the term 'function' means any duty, obligation,
15
power, authority, responsibility, right, privilege, ac-
16
tivity, or program.
17
"(2) IN GENERAL.-Except as otherwise pro-
18
hibited by law or provided in this Act, the Chair-
19
person may delegate any function under this Act,
20
and authorize such successive redelegations of such
21
function as may be necessary or appropriate. No del-
22
egation of a function by the Chairperson under this
23
subsection or under any other provision of this Act
24
shall relieve such Chairperson of responsibility for
25
the administration of such function.
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
147
1
"(3) FUNCTION OF BOARD.-The Chairperson
2
may not delegate a function of the Board without
3
the permission of the Board.
4
"(4) FULL-TIME FEDERAL EMPLOYEE.-The
5
Chairperson may delegate a function under this Act
6
only to a full-time Federal employee.
7
"(e) ACTION.-In an action described in subsection
8 (c)(8)-
9
"(1) a district court referred to in such sub-
10
section shall have jurisdiction of such a civil action
11
without regard to the amount in controversy;
12
"(2) such an action brought by [or against]
13
the Chairperson shall survive notwithstanding any
14
change in the person occupying the office of Chair-
15
person or any vacancy in that office;
16
"(3) no attachment, injunction, garnishment, or
17
other similar process, mesne or final, shall be issued
18
against the Chairperson or property under the con-
19
trol of the Chairperson; and
20
"(4) [nothing in this section shall be construed
21
to except litigation arising out of activities under
22
this Act from the application of sections 509, 517,
23
547, and 2679 of title 28, United States Code.]
24 "SEC. 194. OFFICERS.
25
"(a) MANAGING DIRECTORS.-
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DISCUSSION DRAFT
S.L.C.
148
1
"(1) IN GENERAL.-There shall be in the Cor-
2
poration 2 Managing Directors, who shall be ap-
3
pointed by the President, by and with the advice and
4
consent of the Senate.
5
"(2) COMPENSATION.-The Managing Direc-
6
tors shall be compensated at the rate provided for
7
level IV of the Executive Schedule under section
8
5315 of title 5, United States Code.
9
"(3) DUTIES.-
10
"(A) FEDERAL PROGRAMS.-One of the
11
Managing Directors shall be primarily respon-
12
sible for the Federal programs carried out by
13
the Corporation.
14
"(B) INVESTMENT PROGRAMS.-The other
15
Managing Director shall be primarily respon-
16
sible for the financial assistance programs car-
17
ried out by the Corporation.
18
"(b) INSPECTOR GENERAL.-
19
"(1) OFFICE.-There shall be in the Corpora-
20
tion an Office of the Inspector General.
21
"(2) APPOINTMENT.-Such Office shall be
22
headed by an Inspector General appointed in accord-
23
ance with the Inspector General Act of 1978, who
24
shall report directly to the Board.
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
149
1
"(3) COMPENSATION.-The Inspector General
2
shall be compensated at the rate provided for level
3
IV of the Executive Schedule under section 5315 of
4
title 5, United States Code.
5
"(4) DUTIES.-[To be supplied.]
6 "SEC. 195. EMPLOYEES, CONSULTANTS, AND OTHER PER-
7
SONNEL.
8
"(a) EMPLOYEES.-
9
"(1) IN GENERAL.-The Chairperson may ap-
10
point and determine the compensation of such em-
11
ployees as the Chairperson determines to be nec-
12
essary to carry out the duties of the Corporation.
13
"(2) TERMS.-
14
"(A) INITIAL TERM.-
15
"(i) LENGTH OF TERM.-Such an em-
16
ployee shall be appointed for an initial
17
term that shall not exceed 5 years.
18
"(ii) PROBATION PERIOD.-The
19
Chairperson shall take such action, includ-
20
ing the issuance of rules, regulations, and
21
directives, as shall provide, as nearly as
22
conditions of good administration warrant,
23
for a 1-year period of probation before
24
such an appointment becomes final.
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DISCUSSION DRAFT
S.L.C.
150
1
"(B) ADDITIONAL TERMS.-Such an em-
2
ployee may be appointed for one or more addi-
3
tional terms, if the Chairperson determines that
4
such an appointment is necessary to ensure the
5
continuity of functions under this Act.
6
"(C) LIMITATIONS.-
7
"(i) IN GENERAL.-No such employee
8
shall be appointed for a total period of
9
more than 7 years, unless the Chairperson
10
determines that special circumstances re-
11
quire the appointment of an employee for
12
a longer period.
13
"(ii) DETERMINATION.-The Chair-
14
person may not delegate the authority to
15
make the determination described in clause
16
(i).
17
"(D) APPOINTMENT IN THE COMPETITIVE
18
SERVICE AFTER EMPLOYMENT IN THE COR-
19
PORATION.-
20
"(i) EMPLOYEES WITH NOT LESS
21
THAN 3 YEARS OF EMPLOYMENT.-If an
22
employee, other than a representative de-
23
scribed in section 195(b), is separated
24
from the Corporation on the basis of any
25
requirement of this paragraph, and has
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
151
1
been continuosly employed by the Corpora-
2
tion for a period of not less than 3 years,
3
such period shall be treated as period of
4
service in the competitive service for pur-
5
poses of chapter 33 of title 5, United
6
States Code.
7
"(ii) EMPLOYEES WITH NOT LESS
8
THAN 1 BUT LESS THAN 3 YEARS OF EM-
9
PLOYMENT.-If an employee, other than a
10
representative described in section 195(b),
11
is separated from the Corporation on the
12
basis of any requirement of this para-
13
graph, and has been continuosly employed
14
by the Corporation for a period of not less
15
than 1 year, but less than 3 years, such
16
period shall be treated as period of service
17
in the competitive service for purposes of
18
chapter 33 of title 5, United States Code,
19
until the date that is 3 years after the date
20
of separation.
21
"(iii) DEFINITION.-As used in this
22
subparagraph, the term 'competitive serv-
23
ice' has the meaning given the term in sec-
24
tion 2102 of title 5, United States Code.
25
"(3) APPOINTMENT AND COMPENSATION.-
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
152
1
"(A) IN GENERAL.-Except as provided in
2
subparagraphs (B) (iv) and (C)(ii), the Chair-
3
person may appoint and determine the com-
4
pensation of employees under this subsection
5
without regard to the provisions of title 5, Unit-
6
ed States Code, governing appointments in the
7
competitive service, and without regard to the
8
provisions of chapter 51 and subchapter III of
9
chapter 53 of such title relating to classification
10
and General Schedule pay rates.
11
"(B) CORPORATION SELECTION AND COM-
12
PENSATION SYSTEMS.-
13
"(i) ESTABLISHMENT OF SYSTEM.-
14
The Chairperson, after consultation with
15
the Director of the Office of Personnel
16
Management and after reviewing the rec-
17
ommendations of the Board under section
18
192A(g)(2), shall issue regulations estab-
19
lishing selection and compensation systems
20
for the Corporation.
21
"(ii) APPLICATION.-The Chairperson
22
shall appoint and determine the compensa-
23
tion of employees referred to in paragraph
24
(1), other than representatives described in
25
section 195(b), in accordance with the se-
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
153
1
lection and compensation systems referred
2
to in clause (i).
3
"(iii) SELECTION SYSTEM.-The se-
4
lection system shall include a scheme for
5
the classification of positions in the Cor-
6
poration, and shall provide for the selection
7
of such an employee for such a position-
8
"(I) through a competitive proc-
9
ess; and
10
"(II) on the basis of the quali-
11
fications of applicants and the re-
12
quirements of the position.
13
"(iv) COMPENSATION SYSTEM.-The
14
compensation system shall require that the
15
compensation of such an employee be de-
16
termined on the basis of the job perform-
17
ance of the employee, and shall be consist-
18
ent with the principles described in section
19
5301 of title 5, United States Code. The
20
rate of compensation for each employee
21
compensated through the system shall not
22
exceed the annual rate of basic pay payable
23
for level IV of the Executive Schedule
24
under section 5315 of title 5, United
25
States Code.
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
154
1
"(C) SELECTION AND COMPENSATION OF
2
CORPORATION REPRESENTATIVES.-
3
"(i) IN GENERAL.-The Chairperson
4
may appoint and determine the compensa-
5
tion of representatives described in section
6
195(b) without regard to the selection and
7
compensation systems described in sub-
8
paragraph (B).
9
"(ii) LIMITATION ON COMPENSA-
10
TION.-The rate of compensation for each
11
representative described in section 195(b)
12
shall not exceed the maximum rate of basic
13
pay payable for GS-15 of the General
14
Schedule under section 5332 of title 5,
15
United States Code.
16
"(b) CORPORATION REPRESENTATIVE IN EACH
17 STATE.-
18
"(1) DESIGNATION OF REPRESENTATIVE.-The
19
Corporation shall designate 1 employee of the Cor-
20
poration for each State or group of States to serve
21
as the representative of the Corporation in the State
22
or States and to assist the Corporation in carrying
23
out the activities described in this Act in the State
24
or States.
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
155
1
"(2) DUTIES.-The representative designated
2
under this subsection for a State or group of States
3
shall serve as the liaison between-
4
"(A) the Corporation and the State Com-
5
mission that is established in the State or
6
States; and
7
"(B) the Corporation and any subdivision
8
of a State, Indian tribe, public or private non-
9
profit organization, or institution of higher edu-
10
cation, in the State or States, that is awarded
11
a grant under section 121 directly from the
12
Corporation.
13
"(3) MEMBER OF STATE COMMISSION.-The
14
representative designated under this subsection for a
15
State or group of States shall also serve as a voting
16
member of the State Commission established in the
17
State or States.
18
"(c) CONSULTANTS.-The Chairperson may procure
19 the temporary and intermittent services of experts and
20 consultants and compensate the experts and consultants
21 in accordance with section 3109(b) of title 5, United
22 States Code.
23
"(d) DETAILS OF PERSONNEL.-The head of any
24 Federal department or agency may detail on a reimburs-
25 able basis, or on a nonreimbursable basis for not to exceed
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
156
1 180 calendar days during any fiscal year, as agreed upon
2 by the Chairperson and the head of the Federal agency,
3 any of the personnel of that department or agency to the
4 Corporation to assist the Corporation in carrying out the
5 duties of the Corporation under this Act. Any detail shall
6 not interrupt or otherwise affect the civil service status
7 or privileges of the Federal employee.
8
"(e) ADVISORY COMMITTEES.-
9
"(1) ESTABLISHMENT-The Chairperson may
10
establish advisory committees in the Corporation to
11
advise the Board with respect to national service is-
12
sues, such as the type of programs to be established
13
or assisted under the national service laws, priorities
14
and criteria for such programs, and methods of con-
15
ducting outreach for, and evaluation of, such pro-
16
grams.
17
"(2) COMPOSITION.-Such an advisory commit-
18
tee shall be composed of members appointed by the
19
Chairperson, with such qualifications as the Chair-
20
person may specify.
21
"(3) EXPENSES.-Members of such an advisory
22
committee may be allowed travel expenses as de-
23
scribed in section 192A(d).
24
"(4) STAFF.-The Chairperson is authorized to
25
appoint and fix the compensation of such staff as
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
157
1
the Chairperson determines to be necessary to carry
2
out the functions of the advisory committee, in ac-
3
cordance with subsection (a)(3)(A), and without re-
4
gard to the selection and compensation systems de-
5
scribed in subsection (a)(3)(B). Such compensation
6
shall not exceed the rate described in subsection
7
(a)(3)(C)(ii).
8
"SEC. 196. ADMINISTRATION.
9
"(a) DONATIONS.-
10
"(1) SERVICES.-
11
"(A) VOLUNTEERS.-Notwithstanding sec-
12
tion 1342 of title 31, United States Code, the
13
Corporation may solicit and accept the vol-
14
untary services of individuals to assist the Cor-
15
poration in carrying out the duties of the Cor-
16
poration under this Act, and may provide to
17
such individuals the travel expenses described in
18
section 192A(d).
19
"(B) LIMITATION.-Such a volunteer shall
20
not be considered to be a Federal employee and
21
shall not be subject to the provisions of law re-
22
lating to Federal employment, including those
23
relating to hours of work, rates of compensa-
24
tion, leave, unemployment compensation, and
25
Federal employee benefits, except that-
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
158
1
"(i) for the purposes of the tort
2
claims provisions of chapter 171 of title
3
28, United States Code, a volunteer under
4
this subtitle shall be considered to be a
5
Federal employee; and
6
"(ii) for the purposes of subchapter I
7
of chapter 81 of title 5, United States
8
Code, relating to compensation to Federal
9
employees for work injuries, volunteers
10
under this subtitle shall be considered to
11
be employees, as defined in section
12
8101(1)(B) of title 5, United States Code,
13
and the provisions of such subchapter shall
14
apply.
15
"(2) PROPERTY.-The Corporation may solicit,
16
accept, use, and dispose of, in furtherance of the
17
purposes of this Act, donations of any money or
18
property, real, personal, or mixed, tangible or intan-
19
gible, received by gift, devise, bequest, or otherwise.
20
"(3) RULES.-The Chairperson shall establish
21
written rules setting forth the criteria to be used in
22
determining whether the solicitation or acceptance of
23
contributions of money or property, real, personal,
24
or mixed, tangible or intangible, received by gift, de-
25
vice, bequest, or otherwise (pursuant to paragraph
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
159
1
(2)) would reflect unfavorably upon the ability of the
2
Corporation or any employee of the Corporation to
3
carry out the responsibilities or official duties of the
4
Corporation in a fair and objective manner, or would
5
compromise the integrity of the programs of the
6
Corporation or any official involved in such pro-
7
grams.
8
"(4) DISPOSITION.-Upon completion of the
9
use by the Corporation of any affected property,
10
such completion shall be reported to the General
11
Services Administration and such property shall be
12
disposed in accordance with title II of the Federal
13
Property and Administrative Services Act of 1949
14
(40 U.S.C. 471 et seq.).
15
"(5) VOLUNTEER.-As used in this subsection,
16
the term 'volunteer' does not include a participant.
17
"(b) CONTRACTS.-Subject to the Federal Property
18 and Administrative Services Act of 1949, the Corporation
19 may enter into contracts, and cooperative and interagency
20 agreements, with Federal and State agencies, private
21 firms, institutions, and individuals to conduct activities
22 necessary to carry out the duties of the Corporation under
23 this Act.".
24
(b) DOMESTIC VOLUNTEER SERVICE ACT OF
25 1973.-Section 401 of the Domestic Volunteer Service Act
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
160
1 of 1973 (42 U.S.C. 5041) is amended by inserting after
2 the second sentence the following: "The Director shall re-
3 port directly to the Chairperson of the Corporation for Na-
4 tional Service.
5
(c) TRANSFER OF FUNCTIONS OF COMMISSION ON
6 NATIONAL AND COMMUNITY SERVICE.-
7
(1) DEFINITIONS.-For purposes of this sub-
8
section, unless otherwise provided or indicated by
9
the context, each term specified in section 203(c)(1)
10
shall have the meaning given the term in such sec-
11
tion.
12
(2) TRANSFER OF FUNCTIONS.-There are
13
transferred to the Corporation the functions that the
14
Board of Directors or Executive Director of the
15
Commission on National and Community Service ex-
16
ercised before the effective date of this subsection
17
(including all related functions of any officer or em-
18
ployee of the Commission).
19
(3) APPLICATION.-The provisions of para-
20
graphs (3) through (10) of section 203(c) shall
21
apply with respect to the transfer described in para-
22
graph (2), except that-
23
(A) for purposes of such application, ref-
24
erences to the term "ACTION Agency" shall be
25
deemed to be references to the Corporation; and
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
161
1
(B) paragraph (10) of such section shall
2
not preclude the transfer of the members of the
3
Board of Directors of the Commission to the
4
Corporation if, on the effective date of this sub-
5
section, the Board of Directors of the Corpora-
6
tion has not been appointed.
7
(d) CONTINUING PERFORMANCE OF CERTAIN FUNC-
8 TIONS.-The individuals who, on the day before the date
9 of enactment of this Act, are performing any of the func-
10 tions required by section 190 of the National and Commu-
11 nity Service Act of 1990 (42 U.S.C. 12651), as in effect
12 on such date, to be performed by the members of the
13 Board of Directors of the Commission on National and
14 Community Service may, subject to section 193A of the
15 National and Community Service Act of 1990, as added
16 by subsection (a) of this section, continue to perform such
17 functions until the date on which such functions are as-
18 signed to the Board of Directors of the Corporation for
19 National Service. The service of such individuals as mem-
20 bers of the Board of Directors of such Commission, and
21 the employment of such individuals as special government
22 employees, shall terminate on such date.
23
(e) JOB SEARCH ASSISTANCE.-The Chairperson
24 shall establish a program to provide, or shall seek to enter
25 into a memorandum of understanding with the Secretary
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
162
1 of Labor to provide, job search and related assistance to
2 employees of the ACTION agency who are not transferred
3 to the Corporation for National Service under section
4 203(c).
5
(f) TABLE OF CONTENTS.-Section 1(b) of the Na-
6 tional and Community Service Act of 1990 (Public Law
7 101-610; 104 Stat. 3127) is amended by striking the
8 items relating to subtitle G of title I of such Act and in-
9 serting the following:
"Subtitle G-Corporation for National Service
"Sec. 191. Corporation for National Service.
"Sec. 192. Board of Directors.
"Sec. 192A. Authorities and duties of the Board of Directors.
"Sec. 193. Chairperson and Director.
"Sec. 193A. Authorities and duties of the Chairperson.
"Sec. 194. Officers.
"Sec. 195. Employees, consultants, and other personnel.
"Sec. 196. Administration.".
10
(g) EFFECTIVE DATES.-
11
(1) IN GENERAL.-Except as provided in para-
12
graph (2), the amendments made by this section
13
shall take effect on October 1, 1993.
14
(2) ESTABLISHMENT AND APPOINTMENT AU-
15
THORITIES.-Sections 191, 192, and 193 of the Na-
16
tional and Community Service Act of 1990, as added
17
by subsection (a), shall take effect on the date of en-
18
actment of this Act.
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
163
1 SEC. 203. FINAL AUTHORITIES OF THE CORPORATION FOR
2
NATIONAL SERVICE.
3
(a) NATIONAL AND COMMUNITY SERVICE ACT OF
4 1990.-
5
(1) APPLICATION.-Subtitle I of the National
6
and Community Service Act of 1990 (as amended by
7
section 202 of this Act) is amended in section 191,
8
paragraphs (1) and (3) of section 192A(g), section
9
193(c), subsections (b), (c) (other than paragraph
10
(8)), and (d) of section 193A, subsections (a), (b),
11
and (d) of section 195, and subsections (a) and (b)
12
of section 196, by striking "this Act" each place the
13
term appears and inserting "the national service
14
laws".
15
(2) GRANTS.-Section 192A(g) of the National
16
and Community Service Act of 1990 (as added by
17
section 202 of this Act) is amended-
18
(A) by striking "and" at the end of para-
19
graph (8);
20
(B) by redesignating paragraph (9) as
21
paragraph (10); and
22
(C) by inserting after paragraph (8) the
23
following:
24
"(9) notwithstanding any other provision of
25
law, make grants to or contracts with Federal or
26
other public departments or agencies and private
April 23, 1993
O:\ALD\ALD93.244
DISCUSSION DRAFT
S.L.C.
164
1
nonprofit organizations for the assignment or refer-
2
ral of volunteers under the provisions of the Domes-
3
tic Volunteer Service Act of 1973 (except as pro-
4
vided in section 108 of the Domestic Volunteer Serv-
5
ice Act of 1973), which may provide that the agency
6
or organization shall pay all or a part of the costs
7
of the program; and".
8
(b) AUTHORITIES OF ACTION AGENCY.-Sections
9 401 and 402 of the Domestic Volunteer Service Act of
10 1973 (42 U.S.C. 5041 and 5042) are repealed.
11
(c) TRANSFER OF FUNCTIONS FROM ACTION
12 AGENCY.-
13
(1) DEFINITIONS.-For purposes of this sub-
14
section, unless otherwise provided or indicated by
15
the context-
16
(A) the term "Chairperson" means the
17
Chairperson of the Corporation;
18
(B) the term "Corporation" means the
19
Corporation for National Service, established
20
under section 191 of the National and Commu-
21
nity Service Act of 1990;
22
(C) the term "Federal agency" has the
23
meaning given to the term "agency" by section
24
551(1) of title 5, United States Code;
April 23, 1993
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DISCUSSION DRAFT
S.L.C.
165
1
(D) the term "function" means any duty,
2
obligation, power, authority, responsibility,
3
right, privilege, activity, or program; and
4
(E) the term "office" includes any office,
5
administration, agency, institute, unit, organi-
6
zational entity, or component thereof.
7
(2) TRANSFER OF FUNCTIONS.-There are
8
transferred to the Corporation such functions as the
9
President determines to be appropriate that the Di-
10
rector of the ACTION Agency exercised before the
11
effective date of this subsection (including all related
12
functions of any officer or employee of the ACTION
13
Agency).
14
(3) DETERMINATIONS OF CERTAIN FUNCTIONS
15
BY THE OFFICE OF MANAGEMENT AND BUDGET.-
16
If necessary, the Office of Management and Budget
17
shall make any determination of the functions that
18
are transferred under paragraph (2).
19
(4) REORGANIZATION.-The Chairperson is au-
20
thorized to allocate or reallocate any function trans-
21
ferred under paragraph (2) among the officers of the
22
Corporation.
23
(5) TRANSFER AND ALLOCATIONS OF APPRO-
24
PRIATIONS AND PERSONNEL.-Except as otherwise
25
provided in this subsection, the personnel employed
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1
in connection with, and the assets, liabilities, con-
2
tracts, property, records, and unexpended balances
3
of appropriations, authorizations, allocations, and
4
other funds employed, used, held, arising from,
5
available to, or to be made available in connection
6
with the functions transferred by this subsection,
7
subject to section 1531 of title 31, United States
8
Code, shall be transferred to the Corporation. Unex-
9
pended funds transferred pursuant to this paragraph
10
shall be used only for the purposes for which the
11
funds were originally authorized and appropriated.
12
(6) INCIDENTAL TRANSFER.-The Director of
13
the Office of Management and Budget, at such time
14
or times as the Director shall provide, is authorized
15
to make such determinations as may be necessary
16
with regard to the functions transferred by this sub-
17
section, and to make such additional incidental dis-
18
positions of personnel, assets, liabilities, grants, con-
19
tracts, property, records, and unexpended balances
20
of appropriations, authorizations, allocations, and
21
other funds held, used, arising from, available to, or
22
to be made available in connection with such func-
23
tions, as may be necessary to carry out the provi-
24
sions of this subsection. The Director of the Office
25
of Management and Budget shall provide for the ter-
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1
mination of the affairs of all entities terminated by
2
this subsection and for such further measures and
3
dispositions as may be necessary to effectuate the
4
purposes of this subsection.
5
(7) EFFECT ON PERSONNEL.-
6
(A) IN GENERAL.-Except as otherwise
7
provided by this subsection, the transfer pursu-
8
ant to this subsection of full-time personnel (ex-
9
cept special Government employees) and part-
10
time personnel holding permanent positions
11
shall not cause any such employee to be sepa-
12
rated or reduced in grade or compensation, or
13
to have the benefits of the employee reduced,
14
for 1 year after the date of transfer of such em-
15
ployee under this subsection.
16
(B) EXECUTIVE SCHEDULE POSITIONS.-
17
Except as otherwise provided in this subsection,
18
any person who, on the day preceding the effec-
19
tive date of this subsection, held a position com-
20
pensated in accordance with the Executive
21
Schedule prescribed in chapter 53 of title 5,
22
United States Code, and who, without a break
23
in service, is appointed in the Corporation to a
24
position having duties comparable to the duties
25
performed immediately preceding such appoint-
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1
ment shall continue to be compensated in such
2
new position at not less than the rate provided
3
for such previous position, for the duration of
4
the service of such person in such new position.
5
(C) TERMINATION OF CERTAIN POSI-
6
TIONS.-Positions whose incumbents are ap-
7
pointed by the President, by and with the ad-
8
vice and consent of the Senate, the functions of
9
which are transferred by this subsection, shall
10
terminate on the effective date of this sub-
11
section.
12
(8) SAVINGS PROVISIONS.-
13
(A) CONTINUING EFFECT OF LEGAL DOCU-
14
MENTS.-All orders, determinations, rules, reg-
15
ulations, permits, agreements, grants, contracts,
16
certificates, licenses, registrations, privileges,
17
and other administrative actions—
18
(i) that have been issued, made,
19
granted, or allowed to become effective by
20
the President, any Federal agency or offi-
21
cial thereof, or by a court of competent ju-
22
risdiction, in the performance of functions
23
that are transferred under this subsection;
24
and
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1
(ii) that are in effect at the time this
2
subsection takes effect, or were final before
3
the effective date of this subsection and
4
are to become effective on or after the ef-
5
fective date of this subsection,
6
shall continue in effect according to their terms
7
until modified, terminated, superseded, set
8
aside, or revoked in accordance with law by the
9
President, the Chairperson, or other authorized
10
official, a court of competent jurisdiction, or by
11
operation of law.
12
(B) PROCEEDINGS NOT AFFECTED.-The
13
provisions of this subsection shall not affect any
14
proceedings, including notices of proposed rule-
15
making, or any application for any license, per-
16
mit, certificate, or financial assistance pending
17
before the ACTION Agency at the time this
18
subsection takes effect, with respect to func-
19
tions transferred by this subsection but such
20
proceedings and applications shall be continued.
21
Orders shall be issued in such proceedings, ap-
22
peals shall be taken therefrom, and payments
23
shall be made pursuant to such orders, as if
24
this subsection had not been enacted, and or-
25
ders issued in any such proceedings shall con-
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170
1
tinue in effect until modified, terminated, su-
2
perseded, or revoked by a duly authorized offi-
3
cial, by a court of competent jurisdiction, or by
4
operation of law. Nothing in this subparagraph
5
shall be deemed to prohibit the discontinuance
6
or modification of any such proceeding under
7
the same terms and conditions and to the same
8
extent that such proceeding could have been
9
discontinued or modified if this subsection had
10
not been enacted.
11
(C) SUITS NOT AFFECTED.-The provi-
12
sions of this subsection shall not affect suits
13
commenced before the effective date of this sub-
14
section, and in all such suits, proceedings shall
15
be had, appeals taken, and judgments rendered
16
in the same manner and with the same effect
17
as if this subsection had not been enacted.
18
(D) NONABATEMENT OF ACTIONS.-No
19
suit, action, or other proceeding commenced by
20
or against the ACTION Agency, or by or
21
against any individual in the official capacity of
22
such individual as an officer of the ACTION
23
Agency, shall abate by reason of the enactment
24
of this subsection.
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1
(E) ADMINISTRATIVE ACTIONS RELATING
2
TO PROMULGATION OF REGULATIONS.-Any ad-
3
ministrative action relating to the preparation
4
or promulgation of a regulation by the AC-
5
TION Agency relating to a function transferred
6
under this subsection may be continued by the
7
Corporation with the same effect as if this sub-
8
section had not been enacted.
9
(9) SEVERABILITY.-If a provision of this sub-
10
section or its application to any person or cir-
11
cumstance is held invalid, neither the remainder of
12
this subsection nor the application of the provision
13
to other persons or circumstances shall be affected.
14
(10) TRANSITION.-The Chairperson is author-
15
ized to utilize-
16
(A) the services of such officers, employ-
17
ees, and other personnel of the ACTION Agen-
18
cy with respect to functions transferred to the
19
Corporation by this subsection; and
20
(B) funds appropriated to such functions
21
for such period of time as may reasonably be
22
needed to facilitate the orderly implementation
23
of this subsection.
24
(d) EFFECTIVE DATE.-This section, and the amend-
25 ments made by this section, shall take effect-
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1
(1) 18 months after the date of enactment of
2
this Act; or
3
(2) on such earlier date as the President deter-
4
mines to be appropriate.
5
TITLE III-HIGHER EDUCATION
6 SEC. 301. HIGHER EDUCATION.
7
[To be supplied.]
8
TITLE IV-REAUTHORIZATION
9
Subtitle A-National and
10
Community Service Act of 1990
11 SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
12
[To be supplied. Language should include carryover
13 provisions and an advance funding provision similar to the
14 following:
15
"(_____) ADVANCE FUNDING.-
16
"(1) IN GENERAL.-In order to afford the re-
17
sponsible State, local, and Federal officers concerned
18
adequate notice of available Federal financial assist-
19
ance for programs under the [national service
20
Acts], appropriations for grants, contracts, or other
21
payments under any applicable program under such
22
Acts are authorized to be included in the appropria-
23
tion Act for the fiscal year preceding the fiscal year
24
for which the appropriations are available for obliga-
25
tion.
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173
1
"(2) APPLICATION.-In order to effect a transi-
2
tion to the method of timing appropriation action
3
described in paragraph (1), paragraph (1) shall
4
apply notwithstanding that the initial application of
5
the paragraph under such program will result in the
6
enactment in the same year (whether in the same
7
appropriation Act or otherwise) of two separate ap-
8
propriations, one for the then current fiscal year and
9
one for the succeeding fiscal year.".]
10
Subtitle B-Domestic Volunteer
11
Service Act of 1973
12 SEC. 411. SHORT TITLE; REFERENCES.
13
(a) SHORT TITLE.-This subtitle may be cited as the
14 "Domestic Volunteer Service Act Amendments of 1993".
15
(b) REFERENCES.-Except as otherwise specifically
16 provided, whenever in this subtitle an amendment or re-
17 peal is expressed in terms of an amendment to, or repeal
18 of, a section or other provision, the reference shall be con-
19 sidered to be made to a section or other provision of the
20 Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950
21 et seq.).
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174
1
CHAPTER 1-VISTA AND OTHER ANTI-
2
POVERTY PROGRAMS
3 SEC. 421. PURPOSE OF THE VISTA PROGRAM.
4
The last sentence of section 101 (42 U.S.C. 4951)
5 is amended to read as follows: "In addition, the objective
6 of this part is to generate the commitment of private sec-
7 tor resources, to encourage volunteer service at the local
8 level, and to strengthen local agencies and organizations
9 to carry out the purpose set forth in this part.".
10 SEC. 422. SELECTION AND ASSIGNMENT OF VISTA VOLUN-
11
TEERS.
12
(a) VOLUNTEER ASSIGNMENTS.-Section 103(a) (42
13 U.S.C. 4953(a)) is amended—
14
(1) in the matter preceding paragraph (1), by
15
striking "a public" ;
16
(2) in paragraph (2), by striking "and" at the
17
end thereof;
18
(3) in paragraph (3), by striking "illiterate or
19
functionally illiterate youth and other individuals,";
20
(4) in paragraph (5), by striking "and" at the
21
end thereof;
22
(5) in paragraph (6)-
23
(A) by striking "or the Community Eco-
24
nomic" and inserting "the Community Eco-
25
nomic";
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175
1
(B) by inserting "or other similar Acts"
2
after "1981,"; and
3
(C) by striking the period and inserting ";
4
and"; and
5
(6) by adding at the end thereof the following
6
new paragraph:
7
"(7) in strengthening, supplementing, and ex-
8
panding efforts to address the problem of illiteracy
9
throughout the United States.".
10
(b) RECRUITMENT PROCEDURES.-Section 103(b)
11 (42 U.S.C. 4953(b)) is amended—
12
(1) by striking paragraphs (2), (4), (5) and (6);
13
and
14
(2) by redesignating paragraphs (3) and (7) as
15
paragraphs (2) and (3), respectively; and
16
(3) in paragraph (2) (as SO redesignated), by
17
striking "paragraph (7)" and inserting "paragraph
18
(3)"; and
19
(4) in paragraph (3) (as so redesignated)-
20
(A) by striking "paragraph (4)" in sub-
21
paragraph (A) and inserting "paragraph (2)";
22
(B) by striking subparagraphs (B) and
23
(E);
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176
1
(C) by redesignating subparagraphs (C),
2
(D) and (F) as subparagraphs (B), (C) and
3
(D), respectively;
4
(D) by striking subparagraph (B) (as SO
5
redesignated) and inserting the following new
6
subparagraph: and
7
"(B) A sponsoring organization may recruit volun-
8 teers for service under this part subject to final selection
9 approval by the Director of ACTION.".
10
(c) PUBLIC AWARENESS AND RECRUITMENT.-Sub-
11 section (c) of section 103 (42 U.S.C. 4953(c)) is
12 amended—
13
(1) in paragraph (1), to read as follows:
14
"(1) The Director shall conduct national and local
15 public awareness and recruitment activities in order to
16 meet the volunteer goals of the program. Such activities
17 may include public service announcements, advertise-
18 ments, publicity on loan deferments and cancellations
19 available to VISTA Volunteers, maintenance of a toll-free
20 telephone system, and provision of technical assistance for
21 the recruitment of volunteers to programs and projects re-
22 ceiving assistance under this part. Further, the Director
23 shall take steps to recruit individuals 18 through 27 years
24 of age, 55 years of age and older, recent graduates of in-
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177
1 stitutions of higher education, and special skilled volun-
2 teers.";
3
(2) in paragraph (3), by adding at the end
4
thereof the following new sentence: "In addition, the
5
Director shall take steps to provide opportunities for
6
returned Peace Corps Volunteers to serve in Vista.";
7
(3) by striking paragraphs (4) and (5);
8
(4) by redesignating paragraphs (6) as para-
9
graph (4); and
10
(5) by striking paragraph (4) (as SO redesig-
11
nated), and inserting the following new paragraph:
12
"(4) Beginning in fiscal year 1994 and for each fiscal
13 year thereafter, for the purpose of carrying out this sub-
14 section, the Director shall obligate such sums as necessary
15 of the amounts appropriated for each fiscal year under
16 section 501(a)."
17
(d) COORDINATION WITH OTHER FEDERAL AGEN-
18 CIES.-Section 103 (42 U.S.C. 4953) is amended by add-
19 ing at the end thereof the following new subsection:
20
"(h) The Director of ACTION is encouraged to enter
21 into agreements with other Federal agencies to use VISTA
22 Volunteers in furtherance of program objectives that are
23 consistent with the purposes described in section 101.".
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178
1 SEC. 423. TERMS AND PERIODS OF SERVICE.
2
(a) CLARIFICATION AND PERIODS OF SERVICE.-
3 Subsection (b) of section 104 (42 U.S.C. 4954(b)) is
4 amended to read as follows:
5
"(b) Volunteers serving under this part may be en-
6 rolled initially for not less than 1 year, nor more than 2
7 years, except as provided for under subsection (e), except
8 that volunteers serving under this part may be enrolled
9 for periods of service of less than 1 year when the Director
10 determines, on an individual basis, that a period of service
11 of less than 1 year is necessary to meet a critical scarce
12 skill need. Volunteers serving under this part may be
13 reenrolled for periods of service in a manner to be deter-
14 mined by the Director. No volunteer shall serve for more
15 than a total of 5 years under this part.".
16
(b) SUMMER PROGRAM.-Section 104 (42 U.S.C.
17 4954) is amended by adding at the end thereof the follow-
18 ing new subsection:
19
"(e) Notwithstanding any other provision under this
20 part, the Director may enroll full-time VISTA Summer
21 Associates for the summer months only, under the terms
22 and conditions to be set by the Director. Such individuals
23 must be assigned to projects that meet the criteria set
24 forth in section 103(a). The Agency shall report on par-
25 ticipants, costs, and accomplishments under the summer
26 program separately. The limitation on funds appropriated
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179
1 for grants and contracts, as contained in section 108, shall
2 not apply to the summer program.".
3 SEC. 424. SUPPORT FOR VISTA VOLUNTEERS.
4
(a) POSTSERVICE STIPEND.-Section 105(a)(1) (42
5 U.S.C. 4955(a)(1)) is amended by striking the second sen-
6 tence and inserting the following: "Such stipend shall not
7 exceed $95 per month in fiscal year 1994, but shall be
8 set at a minimum of $125 per month during the volun-
9 teer's service after October 1, 1994, assuming the avail-
10 ability of funds to accomplish this increase. The Director
11 may provide a stipend of a minimum of $200 per month
12 in the case of persons who have served for at least 1 year
13 and who, in accordance with standards established in reg-
14 ulations which the Director shall prescribe, have been des-
15 ignated volunteer leaders on the basis of experience and
16 special skills and a demonstrated leadership among volun-
17 teers."
18
(b) SUBSISTENCE ALLOWANCE.-Section 105(b) (42
19 U.S.C. 4955(b)) is amended-
20
(1) in paragraph (3)-
21
(A) by striking subparagraph (A);
22
(B) by striking the subparagraph of sub-
23
paragraph (B); and
24
(C) by adding at the end thereof the fol-
25
lowing new sentence: "The Director shall review
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180
1
such adjustments on an annual basis to assure
2
they are current."; and
3
(2) by striking paragraph (4).
4 SEC. 425. PARTICIPATION OF YOUNGER AND OLDER PER-
5
SONS.
6
Section 107 (42 U.S.C. 4957) is amended to read as
7 follows:
8
"PARTICIPATION OF YOUNGER AND OLDER PERSONS
9
"SEC. 107. In carrying out this part and part C, the
10 Director shall take necessary steps, including the develop-
11 ment of special projects, where appropriate, to encourage
12 the fullest participation of individuals 18 through 27 years
13 of age and individuals 55 years of age and older in the
14 various programs and activities authorized under such
15 parts.".
16 SEC. 426. LITERACY ACTIVITIES.
17
Section 109 (42 U.S.C. 4959) is amended—
18
(1) in subsection (g)-
19
(A) by striking paragraph (1); and
20
(B) by striking the paragraph designation
21
of paragraph (2); and
22
(2) in subsection (h), by striking paragraph (3).
23 SEC. 427. APPLICATIONS FOR ASSISTANCE.
24
Section 110 (42 U.S.C. 4960) is amended to read as
25 follows:
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1
"APPLICATIONS FOR ASSISTANCE
2
"SEC. 110. The Director shall not deny assistance
3 under this part to any project or program, or any public
4 or private nonprofit organization, solely on the basis of
5 the duration of the assistance such project, program, or
6 organization has previously received under this part. The
7 Director shall grant assistance under this part on the
8 basis of merit and to accomplish the goals of the VISTA
9 program, and shall consider the needs and requirements
10 of existing projects as well as potential new projects.".
11 SEC. 428. REPEAL OF AUTHORITY FOR STUDENT COMMU-
12
NITY SERVICE PROGRAMS.
13
Part B of title I (42 U.S.C. 4971 et seq.) is
14 amended—
15
(1) in section 111 (42 U.S.C. 4971(a))-
16
(A) by striking out subsection (a); and
17
(B) by striking out the subsection designa-
18
tion of subsection (b); and
19
(2) by repealing section 114 (42 U.S.C. 4974).
20 SEC. 429. UNIVERSITY YEAR FOR VISTA.
21
Part B of title I (42 U.S.C. 4971 et seq.) is
22 amended-
23
(1) in the part heading to read as follows:
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182
1
"PART B-UNIVERSITY YEAR FOR VISTA";
2
(2) by striking "University Year for ACTION"
3
each place that such appears in such part and in the
4
Act and inserting "University Year for VISTA";
5
(3) by striking "UYA" each place that such ap-
6
pears in such part and in the Act and inserting
7
"UYV";
8
(4) in section 112 (42 U.S.C. 4972) by striking
9
the section heading and inserting the following new
10
section heading:
11
"AUTHORITY TO OPERATE UNIVERSITY YEAR FOR VISTA
12
PROGRAM"; AND
13
(5) in section 113(a) (42 U.S.C. 4973(a))-
14
(A) by striking "of not less than the dura-
15
tion of an academic year" and inserting "of not
16
less than the duration of an academic semester
17
or its equivalent"; and
18
(B) by adding at the end thereof the fol-
19
lowing new sentence: "Volunteers may receive a
20
living allowance and such other support or al-
21
lowances as the Director determines appro-
22
priate.".
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183
1 SEC. 430. AUTHORITY TO ESTABLISH AND OPERATE SPE-
2
CIAL VOLUNTEER AND DEMONSTRATION
3
PROGRAMS.
4
Section 122 (42 U.S.C. 4992) is amended to read as
5 follows:
6
"AUTHORITY TO ESTABLISH AND OPERATE SPECIAL
7
VOLUNTEER AND DEMONSTRATION PROGRAMS
8
"SEC. 122. (a) IN GENERAL.-The Director is au-
9 thorized to conduct or award grants or contracts to public
10 and nonprofit organizations for special volunteer programs
11 or demonstration programs to encourage wider volunteer
12 participation on a full-time, part-time, or short-term basis
13 to further the purpose of this part, and to identify particu-
14 lar segments of the poverty community which could benefit
15 from volunteer and other antipoverty efforts. The assign-
16 ment of volunteers under this section, and the provision
17 of support for such volunteers, including any subsistence
18 allowances and stipends, shall be on such terms and condi-
19 tions as the Director shall determine but shall not exceed
20 the level of support provided under section 105. Projects
21 using nonstipend volunteers may also be supported under
22 this section.
23
"(b) CRITERIA.-In carrying out the activities au-
24 thorized under this section and section 123, the Director
25 shall establish criteria and priorities to award grants and
26 enter into contracts in each fiscal year. No grant or con-
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184
1 tract exceeding $100,000 shall be made under this part
2 unless the grantee or contractor has been selected by a
3 competitive process which includes public announcement
4 of the availability of funds for such grant or contract, gen-
5 eral criteria for the selection of recipients or contractors,
6 and a description of the application process and applica-
7 tion review process.'
8 SEC. 431. TECHNICAL AND FINANCIAL ASSISTANCE.
9
Section 123 (42 U.S.C. 4993) is to read as follows:
10
"TECHNICAL AND FINANCIAL ASSISTANCE
11
"SEC. 123. The Director may provide technical and
12 financial assistance to Federal agencies, State and local
13 governments and agencies, private nonprofit organiza-
14 tions, employers, and other private organizations which
15 utilize or desire to utilize volunteers in carrying out the
16 purpose of this part.'
17 SEC. 432. ELIMINATION OF SEPARATE AUTHORITY FOR
18
DRUG ABUSE PROGRAMS.
19
Section 124 (42 U.S.C. 4994) is repealed.
20
CHAPTER 2-NATIONAL SENIOR
21
VOLUNTEER CORPS
22 SEC. 441. NATIONAL SENIOR VOLUNTEER CORPS.
23
(a) REFERENCES.-The Act is amended by striking
24 "Older American Volunteer Programs" each place that
25 such appears and inserting "National Senior Volunteer
26 Corps.".
April 23, 1993