National and Community Service Act of 1990/Title I

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National and Community Service Act of 1990
Title I - National and Community Service State Grant Program

==TITLE I — NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM==

Contents

Subtitle A — General Provisions[edit]

Sec. 101. Definitions.[edit]

As used in this title:
(1) ADULT VOLUNTEER.—
The term ``adult volunteer´´ means—
(A) an individual who is beyond the age of compulsory schooling, including an older American, an individual with a disability, and a parent;
(B) an employee of a private business;
(C) an employee of a public or nonprofit agency; or
(D) any other individual working without financial remuneration in an education institution to assist students or out-of-school youth.
(2) COMMISSION.—
The term ``Commission´´ means the Commission on National and Community Service established under section 190.
(3) COMMUNITY-BASED AGENCY.—
The term ``community-based agency´´ means a private nonprofit organization that is representative of a community or a significant segment of a community and that is engaged in meeting human, educational, or environmental community needs, including churches and other religious entities and community action agencies.
(4) CREW SUPERVISOR.—
The term ``crew supervisor´´ means the adult staff individual who is responsible for supervising a crew of participants, including the crew leader.
(5) ECONOMICALLY DISADVANTAGED.—
The term ``economically disadvantaged´´ with respect to youths has the same meaning given such term in section 4(8) of the Job Training Partnership Act (29 U.S.C. 1503(8)).
(6) ELEMENTARY SCHOOL.—
The term ``elementary school´´ has the same meaning given such term in section 1471(8) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(8)).
(7) INDIAN LANDS.—
The term ``Indian lands´´ means any real property owned by an Indian tribe, any real property held in trust by the United States for Indian tribes, and any real property held by Indian tribes that is subject to restrictions on alienation imposed by the United States.
(8) INDIAN TRIBE.—
The term ``Indian tribe´´ means an Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(9) INSTITUTION OF HIGHER EDUCATION.—
The term ``institution of higher education´´ has the same meaning given such term in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)).
(10) LOCAL EDUCATIONAL AGENCY.—
The term ``local educational agency´´ has the same meaning given such term in section 1471(12) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(12)).
(11) LOCAL GOVERNMENT AGENCY.—
The term ``local government agency´´ means a public agency that is engaged in meeting human, social, educational, or environmental needs.
(12) OUT-OF-SCHOOL YOUTH.—
The term ``out-of-school youth´´ means an individual who—
(A) has not attained the age of 27;
(B) has not completed college or the equivalent thereof; and
(C) is not enrolled in an elementary or secondary school or institution of higher education.
(13) PARTICIPANT.—
The term ``participant´´ means an individual enrolled in a program that receives assistance under this title.
(14) PARTNERSHIP PROGRAM.—
The term ``partnership program´´ means a program through which adult volunteers, public or private agencies, institutions of higher education, or businesses assist a local educational agency.
(15) PLACEMENT.—
The term ``placement´´ means the matching of a participant with a specific project.
(16) PROGRAM.—
The term ``program´´ means an activity carried out with assistance provided under this title.
(17) PROGRAM AGENCY.—
The term ``program agency´´ means—
(A) a Federal or State agency designated to manage a youth corps program;
(B) the governing body of an Indian tribe that administers a youth corps program; or
(C) a local applicant administering a youth corps program.
(18) PROJECT.—
The term ``project´´ means an activity that results in a specific identifiable service or product that otherwise would not be done with existing funds, and that does not duplicate the routine services or functions of the employer to whom participants are assigned.
(19) PUBLIC LANDS.—
The term ``public lands´´ means any lands or waters (or interest therein) owned or administered by the United States or by an agency or instrumentality of a State or local government.
(20) SECONDARY SCHOOL.—
The term ``secondary school´´ has the same meaning given such term in section 1471(21) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(21)).
(21) SERVICE-LEARNING.—
The term ``service-learning´´ means a method—
(A) under which students learn and develop through active participation in thoughtfully organized service experiences that meet actual community needs and that are coordinated in collaboration with the school and community;
(B) that is integrated into the students' academic curriculum or provides structured time for a student to think, talk, or write about what the student did and saw during the actual service activity;
(C) that provides students with opportunities to use newly acquired skills and knowledge in real-life situations in their own communities; and
(D) that enhances what is taught in school by extending student learning beyond the classroom and into the community and helps to foster the development of a sense of caring for others.
(22) SERVICE OPPORTUNITY.—
The term ``service opportunity´´ means a program or project, including service learning programs or projects, that enables students or out-of-school youth to perform meaningful and constructive service in agencies, institutions, and situations where the application of human talent and dedication may help to meet human, educational, linguistic, and environmental community needs, especially those relating to poverty.
(23) SPECIAL SENIOR SERVICE MEMBER.—
The term ``special senior service member´´ means an individual who is age 60 or over and willing to work full-time or part-time in conjunction with a full-time national service program.
(24) SPONSORING ORGANIZATION.—
The term ``sponsoring organization´´ means an organization, eligible to receive assistance under this title, that has been selected to provide a placement for a participant.
(25) STATE.—
The term ``State´´ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and Palau, until such time as the Compact of Free Association is ratified.
(26) STATE EDUCATIONAL AGENCY.—
The term ``State educational agency´´ has the same meaning given such term in section 1471(23) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(23)).
(27) STUDENT.—
The term ``student´´ means an individual who is enrolled in an elementary or secondary school or institution of higher education on a full- or part-time basis.
(28) SUMMER PROGRAM.—
The term ``summer program´´ means a youth corps program authorized under this title that is limited to the months of June, July, and August.
(29) YOUTH CORPS PROGRAM.—
The term ``youth corps program´´ means a program, such as a conservation corps or youth service program, that offers full-time, productive work (to be financed through stipends) with visible community benefits in a natural resource or human service setting and that gives participants a mix of work experience, basic and life skills, education, training, and support services.

Sec. 102. Authority to Make State Grants.[edit]

The Commission may, in accordance with the provisions of this title, make grants to States, or to local applicants, to enable such States or applicants to carry out national or community service programs under subtitles B, C, D, or E.

Subtitle B — School-Aged Service[edit]

Part I — General Program[edit]

Sec. 110. Short Title.[edit]
This subtitle may be cited as the ``Serve-America: The Community Service, Schools and Service-Learning Act of 1990´´.
Sec. 111. General Authority.[edit]
(a) IN GENERAL.—
The Commission, in consultation with the Secretary of Education, may make grants under section 102 to States or local applicants for—
(1) planning and building State capacity (which may be accomplished through grants and contracts with qualified organizations) for implementing statewide, school-aged service-learning programs, including—
(A) preservice and in-service training for teachers, supervisors, and personnel from community organizations in which service opportunities will be provided that will be conducted by qualified individuals or organizations that have experience in service-learning programs;
(B) developing service-learning curricula, including age-appropriate learning components for students to analyze and apply their service experiences;
(C) forming local partnerships to develop school-based community service programs in accordance with this subpart;
(D) devising appropriate methods for research and evaluation of the educational value of youth service opportunities and the effect of youth service programs on communities;
(E) establishing effective outreach and dissemination to ensure the broadest possible involvement of nonprofit community-based organizations and youth-service agencies with demonstrated effectiveness in their communities; and
(F) integration of service-learning into academic curricula;
(2) the implementation, operation, or expansion of statewide, school-based service-learning programs through State distribution of Federal funds made available under this subtitle to projects and activities coordinated and operated by local partnerships among—
(A) local educational agencies; and
(B) one or more community partners that—
(i) shall include a public or private nonprofit organization that will make service opportunities available for participants, and that is representative of the community in which such services will be provided; and
(ii) may include a private for-profit business organization or private elementary and secondary school;
(3) the implementation, operation, or expansion of community service programs for school dropouts, out-of-school youth, and other youth through State distribution of Federal funds made available under this subtitle to projects and activities coordinated and operated by local partnerships among—
(A) one or more public or private nonprofit organizations that work with disadvantaged youth; and
(B) one or more community partners that shall include a public or private nonprofit organization that will make service opportunities available for participants; and
(4) the implementation, operation, or expansion of programs involving adult volunteers in schools, or partnerships of schools and public or private organizations, to improve the education of at-risk students, school dropouts, and out-of-school youth through State distribution of Federal funds made available under this part to projects and activities coordinated and operated by local partnerships among—
(A) local education agencies; and
(B) one or more public or private nonprofit organization or private for-profit business.
(b) DIRECT GRANTS.—
In any fiscal year in which a State does not participate in programs under this subtitle, the Commission may use the allotment of that State to make direct grants for the purposes described in subsection (a) to local applicants in that State. The Commission shall apply the criteria described in section 114 in evaluating such local applications.
Sec. 112. Allotments.[edit]
(a) RESERVATIONS.—
Of the amounts appropriated to carry out this subtitle for any fiscal year, the Commission shall reserve not more than 1 percent for payments to Indian tribes, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands and Palau, until such time as the Compact of Free Association is ratified, to be allotted in accordance with their respective needs.
(b) ALLOTMENT.—
The remainder of the sums appropriated to carry out this subtitle shall be allotted among the States as follows:
(1) From 50 percent of such remainder the Secretary shall allot to each State an amount which bears the same ratio to 50 percent of such remainder as the school-age population of the State bears to the school-age population of all States.
(2) From 50 percent of such remainder the Secretary shall allot to each State an amount which bears the same ratio to 50 percent of such remainder as allocations to the State for the previous fiscal year under chapter 1 of title I of the Elementary and Secondary Education Act of 1965 bears to such allocations to all States.
(c) LIMITATION.—
For any period during which a State is carrying out planning activities under section 111(a)(1) prior to implementation under section 111(a)(2), a State may be paid not more than 25 percent of its allotment under this section.
(d) REALLOTMENT.—
The amount of any State's allotment for any fiscal year under this section that the Commission determines will not be required for that fiscal year shall be available for reallotment to other States as the Commission may determine appropriate.
(e) EXCEPTION.—
Notwithstanding this section, if less than $20,000,000 is made available in each fiscal year to carry out this subtitle, the Commission shall award grants to States on a competitive basis.
(f) DEFINITIONS.—
For purposes of this section:
(1) SCHOOL-AGE POPULATION.—
The term ``school-age population´´ means the population aged 5 through 17, inclusive.
(2) STATE.—
The term ``State´´ includes the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
Sec. 113. State Application.[edit]
To be eligible to receive a grant under this subtitle a State, acting through the State educational agency, shall prepare and submit to the Commission, an application at such time, in such manner, and containing such information as the Commission shall reasonably require, including a description of the manner in which—
(1) local applications will be ranked by the State according to the criteria described in section 114, and in a manner that ensures the equitable treatment of local applications submitted by both local educational agencies and community-based organizations;
(2) service programs within the State will be coordinated with each other and with other Federally assisted education programs, training programs, social service programs, and other appropriate programs that serve youth;
(3) cooperative efforts among local educational agencies, local government agencies, community-based agencies, businesses, and State agencies to develop and provide service opportunities, including those that involve the participation of urban, suburban, and rural youth working together, will be encouraged;
(4) economically and educationally disadvantaged youths, including individuals with disabilities, youth with limited basic skills or learning disabilities, youth in foster care who are becoming too old for foster care, youth of limited English proficiency, homeless youth and youth with disabilities, are assured of service opportunities;
(5) service programs that receive assistance under this subtitle will be evaluated;
(6) programs that receive assistance under this subtitle will serve urban and rural areas and any tribal areas that exist within such State;
(7) training and technical assistance will be provided to local grantees by qualified and experienced individuals employed by the State or through grant or contract with experienced content specialist and youth service resource organizations;
(8) non-Federal assistance will be used to expand service opportunities for students and out-of-school youth;
(9) information and outreach services will be disseminated and utilized to ensure the involvement of a broad range of organizations, particularly community-based organizations;
(10) the State will keep such records and provide such information to the Secretary as may be required for fiscal audits and program evaluation;
(11) the State will give special consideration to providing assistance to projects that will provide academic credit to participants; and
(12) the State will assure compliance with the specific requirements of this subtitle.
Sec. 114. Local Applications.[edit]
(a) IN GENERAL.—
A partnership that desires to receive financial assistance under this subtitle shall prepare and submit to the State Educational Agency a proposal that meets the requirements of this section. Such proposal shall be submitted at such time, in such manner, and containing such information as the State Educational Agency may reasonably require.
(b) REQUIREMENTS OF PROPOSAL.—
A proposal submitted under subsection (a) shall—
(1) contain a written agreement, between the members of the local partnership, stating that the program was jointly developed by the parties and that the program will be jointly executed by the parties;
(2) establish and specify the membership and role of an advisory committee that shall consist of representatives of community-based agencies including community action agencies, service recipients, youth-serving agencies, youth, parents, teachers, administrators, agencies that serve older adults, school board members, labor, and business;
(3) describe the goals of the program which shall include goals that are quantifiable, measurable, and demonstrate any benefits that flow from the program to the participants and the community;
(4) describe service opportunities to be provided under the program that shall include evidence that participants will make a sustained commitment to the service project;
(5) describe the manner in which the participants in the program will be recruited, including any special efforts that will be utilized to recruit out-of-school youth with the assistance of community-based agencies;
(6) describe the manner in which participants in the program were or will be involved in the design and operation of the program;
(7) describe the qualifications, and responsibilities of the coordinator of the program assisted under this subtitle;
(8) describe preservice and inservice training for supervisors, teachers, and participants in the program;
(9) describe the manner in which exemplary service will be recognized;
(10) describe any potential resources that will permit continuation of the program, if needed, after the assistance received under this subtitle has ended;
(11) disclose whether the program plans include preventing and treating school-age drug and alcohol abuse and dependency; and
(12) contain assurances that, prior to the placement of a participant, the program will consult with any local labor organization representing employees in the area who are engaged in the same or similar work as that proposed to be carried out by such program.
(c) SCHOOL-BASED AND COMMUNITY-BASED SERVICE LEARNING PROGRAM.—
If an applicant under this section intends to operate a program described in section 111(a)(2) or 111(a)(3) such applicant, in addition to providing the information described in subsection (b), shall provide additional information that shall include—
(1) an assurance that the applicant will develop an age-appropriate learning component for participants in the program that shall include a chance for participants to reflect on service experiences and expected learning outcomes;
(2) a disclosure of whether or not the participants will receive academic credit for participation in the program;
(3) the target levels of participants in the program and the target levels for the hours of service that such participants will provide individually and as a group;
(4) the proportion of expected participants in the program who are educationally or economically disadvantaged, including participants with disabilities;
(5) the ages or grade levels of expected participants in the program;
(6) other relevant demographic information concerning such expected participants; and
(7) assurances that participants in the program will be provided with information concerning VISTA, the Peace Corps (as established by the Peace Corps Act (22 U.S.C. 2501 et seq.)), chapter 30 of title 38, United States Code, chapter 106 of title 10, United States Code, full-time Youth Service Corps and National Service programs receiving assistance under this title, and other service options and their benefits (such as student loan deferment and forgiveness) as appropriate.
(d) PARTNERSHIP PROGRAM.—
If an applicant under this section intends to operate an adult role partnership program, under section 111(a)(4) such applicant, in addition to the information required to be included in the application under subsection (b), shall describe the students who are to be assisted through such program, including the ages and grade levels of such students.
Sec. 115. Priority; Private School Participation.[edit]
(a) IN GENERAL.—
In providing assistance under this subtitle, the State educational agency, or the Commission if section 111(b) applies, shall give priority to applications that describe programs that—
(1) involve participants in the design and operation of the program;
(2) are in the greatest need of assistance, such as programs targeting low-income areas;
(3) involve students from both public and private elementary and secondary schools or individuals of different ages, races, sexes, ethnic groups, disabilities and economic backgrounds serving together;
(4) are integrated into the academic program; or
(5) involve a focus on substance abuse prevention or school drop-out prevention.
(b) ADULT VOLUNTEER AND PARTNERSHIP PROGRAM.—
In the case of an adult volunteer and partnership program (as described in section 111(a)(4)) the State educational agency, or the Commission, if section 111(b) applies, shall give priority to applications that contain a description of programs—
(1) that involve older Americans or parents as adult volunteers;
(2) that involve a partnership between an educational institution and a private business in the community;
(3) that include a focus on substance abuse prevention, school drop-out prevention, or nutrition; or
(4) that will improve basic skills and reduce illiteracy.
(c) PARTICIPATION OF CHILDREN AND TEACHERS FROM PRIVATE SCHOOLS.—
(1) IN GENERAL.—
To the extent consistent with the number of children in the State or in the school district of the local educational agency involved who are enrolled in private nonprofit elementary and secondary schools, such State or agency shall (after consultation with appropriate private school representatives) make provision—
(A) for the inclusion of services and arrangements for the benefit of such children so as to assure the equitable participation of such children in the programs or projects implemented to carry out the purposes and provide the benefits described in this subtitle; and
(B) for the training of the teachers of such children so as to assure the equitable participation of such teachers in the programs or projects implemented to carry out the purposes and provide the benefits described in this subtitle.
(2) WAIVER.—
If a State or local educational agency or institution of higher education is prohibited by law from providing for the participation of children or teachers from private nonprofit schools as required by paragraph (1), or if the Secretary determines that a State or local educational agency substantially fails or is unwilling to provide for such participation on an equitable basis, the Secretary shall waive such requirements and shall arrange for the provision of services to such children and teachers. Such waivers shall be subject to consultation, withholding, notice, and judicial review requirements in accordance with section 1017 of the Elementary and Secondary Education Act of 1965.
Sec. 116. Federal and Local Contributions.[edit]
(a) FEDERAL SHARE.—
(1) IN GENERAL.—
The Federal share of a grant or contract for a project under this subtitle may not exceed—
(A) 90 percent of the total cost of a project for the first year for which the project receives assistance under this subtitle;
(B) 80 percent of the total cost of a project for the second year for which the project receives assistance under this subtitle; and
(C) 70 percent of the total cost of a project for the third year for which the project receives assistance under this subtitle.
(2) CALCULATION.—
The State and local share of the costs of a project may be in cash or in kind fairly evaluated, including facilities, equipment, or services.
(b) WAIVER.—
The Secretary may waive the requirements of subsection (a) with respect to any project in any fiscal year if the Secretary determines that such a waiver would be equitable due to a lack of available financial resources at the local level.
Sec. 117. Uses of Funds; Limitations.[edit]
(a) STATE USES OF FUNDS.—
The State educational agency may reserve, from funds made available to such agency under this subtitle—
(1) not more than 5 percent of such funds for administrative costs for any fiscal year;
(2) not more than 10 percent of such funds to build capacity through training, technical assistance, curriculum development, and coordination activities, described in section 111(a)(1);
(3) not less than 60 percent of such funds to carry out school-based service learning programs described in section 111(a)(2);
(4) not less than 15 percent of such funds to carry out community-based service programs described in section 111(a)(3); and
(5) not more than 10 percent of such funds to carry out adult volunteer and partnership programs described in section 111(a)(4).
(b) AUTHORIZED ACTIVITIES FOR LOCAL PROJECTS.—
(1) IN GENERAL.—
Local projects may use funds made available under this subtitle for the supervision of participating students, program administration, training, reasonable transportation costs, insurance, and for other reasonable expenses.
(2) LIMITATION.—
Funds made available under this subtitle may not be used to pay any stipend, allowance, or other financial support to any participant, except reimbursement for transportation, meals, and other reasonable out-of-pocket expenses directly related to participation in a program assisted under this subtitle.

Part II — Higher Education Innovative Projects for Community Service[edit]

Sec. 118. Higher Education Innovative Projects for Community Service.[edit]
(a) PURPOSE.—
It is the purpose of this part to support innovative projects to encourage students to participate in community service activities while such students are attending institutions of higher education.
(b) GENERAL AUTHORITY.—
The Commission, in consultation with the Secretary of Education, is authorized to make grants to, and enter into contracts with, institutions of higher education (including a combination of such institutions) and other public agencies and nonprofit organizations working in partnership with institutions of higher education—
(1) to enable the institution to create or expand community service activities for students attending that institution;
(2) to encourage student-initiated and student-designed community service projects;
(3) to facilitate the integration of community service into academic curricula, so that students can obtain credit for their community service activities;
(4) to encourage students to participate in community service activities that will engender a sense of social responsibility and commitment to the community;
(5) to encourage students to assist in the teaching of individuals with limited basic skills or an inability to read and write; and
(6) to provide for the training of teachers, prospective teachers, related education personnel, and community leaders in the skills necessary to develop, supervise, and organize community service activities, taking into consideration the particular needs of a community and the ability of the grantee to actively involve a major part of the community in, and substantially benefit the community by, the proposed community service activities.
(c) FEDERAL SHARE.—
(1) IN GENERAL.—
The Federal share of each grant awarded under this section shall not exceed 50 percent of the cost of the community service activities carried out with each such grant.
(2) NON-FEDERAL SOURCES.—
That portion of the costs of programs that receive assistance under this subtitle that are to be paid from sources other than Federal funds may be paid in cash or in kind (fairly evaluated).
(d) APPLICATION FOR GRANT.—
To receive a grant under this subtitle, an applicant shall prepare and submit to the Commission, an application at such time, in such manner, and containing such information as the Commission may reasonably require, including—
(1) a description of the proposed program to be established with assistance provided under the grant;
(2) a description of the human, educational, environmental or public safety service that participants will perform and the community need that will be addressed under such program;
(3) a description of whether or not students will receive academic credit for community service activities under the program;
(4) a description of the procedure for training supervisors and participants and for supervising and organizing participants in such proposed program;
(5) a description of the procedures to ensure that the proposed program provides participants with an opportunity to reflect on their service experiences;
(6) a description of the budget for the program; and
(7) assurances that, prior to the placement of a participant in the program, the applicant will consult with any local labor organization representing employees in the area who are engaged in the same or similar work as that proposed to be carried out by such project.

Subtitle C — American Conservation and Youth Corps[edit]

Sec. 120. Short Title.[edit]

This subtitle may be cited as the ``American Conservation and Youth Service Corps Act of 1990´´.

Sec. 121. General Authority.[edit]

The Commission may make grants under section 102 to States or local applicants, to the Secretary of Agriculture, to the Secretary of the Interior, or to the Director of ACTION for the creation or expansion of full-time or summer youth corps programs.

Sec. 122. Allocation of Funds.[edit]

(a) COMPETITIVE GRANT.—
The Commission shall award grants under this subtitle on a competitive basis to States or Indian tribes that have submitted applications under section 123.
(b) DIRECT GRANTS.—
(1) IN GENERAL.—
In the case of a State that does not apply for a grant under this subtitle or have an application approved under section 123, the Commission may award grants directly to public or private nonprofit agencies with experience in youth programs within such State.
(2) EVALUATION.—
(A) APPLICATION OF CRITERIA.—
The Commission shall apply the criteria described in section 123 in determining whether to award a grant to a local applicant under this subsection.
(B) EQUITABLE ALLOCATION.—
If more than one local applicant within a State applies for funds, the Commission shall allocate funds among such applicants in such manner as the Commission considers equitable.
(3) INDIAN TRIBES.—
An Indian tribe shall be treated the same as a State for purposes of making grants under this subtitle.
(4) GRANT TO FEDERAL AGENCY.—
If a State has failed to establish a youth corps program and no local youth corps programs exist within such State, the Commission may make a grant to a Federal agency to directly administer a youth corps program.
(c) LIMITATION.—
(1) CAPITAL EQUIPMENT.—
Not to exceed 10 percent of the amount of assistance made available to a program agency under this subtitle shall be used for the purchase of major capital equipment.
(2) ADMINISTRATIVE EXPENSES.—
(A) BY PROGRAM AGENCY.—
Not to exceed 5 percent of the amount of assistance made available to a program agency under this subtitle shall be used for administrative expenses.
(B) BY STATE.—
Not to exceed 5 percent of the amount of assistance made available to a State under this subtitle shall be used for administrative expenses.
(d) RESERVATION.—
(1) FEDERAL DISASTER RELIEF.—
The Commission shall reserve not to exceed 5 percent of the amounts made available in each fiscal year to make grants under this subtitle for Federal disaster relief programs.
(2) INDIAN TRIBES.—
The Commission shall reserve not to exceed 1 percent of the amounts made available in each fiscal year to make grants under this subtitle to Indian tribes.
(e) EQUITABLE FUNDING OF CONSERVATION AND SERVICE PROGRAMS.—
The Commission shall award an equal number of grants to conservation corps programs and youth corps programs.

Sec. 123. State Application.[edit]

(a) SUBMISSION.—
To be eligible to receive a grant under this subtitle, a State or Indian tribe (or a local applicant if section 122(b) applies) shall prepare and submit to the Commission, an application at such time, in such manner, and containing such information as the Commission may reasonably require, including the information required under subsection (b).
(b) GENERAL CONTENT.—
An application submitted under subsection (a) shall describe—
(1) any youth corps program proposed to be conducted directly by such applicant with assistance provided under this subtitle; and
(2) any grant program proposed to be conducted by such State with assistance provided under this subtitle for the benefit of entities within such State.
(c) SPECIFIC CONTENT.—
To receive a grant under this subtitle to directly conduct a youth corps program, each applicant shall include in the application submitted under subsection (a)—
(1) a comprehensive description of the objectives and performance goals for the program to be conducted, a plan for managing and funding the program, and a description of the types of projects to be carried out, including a description of the types and duration of training and work experience to be provided by such program;
(2) a plan for the certification of the training skills acquired by participants and the awarding of academic credit to participants for competencies developed through training programs or work experience obtained under this subtitle;
(3) an age-appropriate learning component for participants that includes procedures that permit participants to reflect on service experiences;
(4) an estimate of the number of participants and crew leaders necessary for the proposed program, the length of time that the services of such participants and crew leaders will be required, the support services that will be required for such participants and crew leaders, and a plan for recruiting such participants, including educationally and economically disadvantaged youth, youth with limited basic skills or learning disabilities, homeless youth, youth with disabilities, youth who are in foster care who are becoming too old for foster care, and youth of limited English proficiency;
(5) a list of requirements to be imposed on the sponsoring organizations of participants in the program, including a requirement that a sponsoring organization that invests in a program that receives assistance under this subtitle, by making a cash contribution or by providing free training to participants, shall be given preference over a sponsoring organization that does not make such an investment;
(6) a description of the manner of appointment and training of sufficient supervisory staff (including participants who have displayed exceptional leadership qualities), who shall provide for other central elements of a youth corps, such as crew structure and a youth development component;
(7) a description of a plan to ensure the on-site presence of knowledgeable and competent supervisory personnel at program facilities;
(8) a description of the facilities, quarters and board (in the case of residential facilities), limited and emergency medical care, transportation from administrative facilities to work sites, accommodations for individuals with disabilities, and other appropriate services, supplies, and equipment that will be provided by such applicant;
(9) a description of the basic standards of work requirements, health, nutrition, sanitation, and safety, and the manner that such standards shall be enforced;
(10) a description of the plan to assign participants to facilities as near to the homes of such participants as is reasonable and practicable;
(11) an assurance that, prior to the placement of a participant under this subtitle, the program agency will consult with any local labor organization representing employees in the area who are engaged in the same or similar work as that proposed to be carried out by such program;
(12) a description of formal social counseling arrangements to be made available to the participant;
(13) a plan for ensuring that individuals do not drop out of school for the purpose of participating in a youth corps program; and
(14) such other information as the Commission shall require.
(d) GRANT PROGRAM.—
To be eligible to receive a grant under this subtitle, a State shall establish and implement a program to make grants to applicants within the State pursuant to subsection (b)(2) and, in the application submitted under subsection (a), such State shall describe the manner in which—
(1) local applicants will be evaluated;
(2) service programs within the State will be coordinated;
(3) economically and educationally disadvantaged youth, including youth with disabilities, youth with limited basic skills or learning disabilities, youth with limited English proficiency, homeless youth, and youth in foster care who are becoming too old for foster care, will be recruited;
(4) programs that receive assistance under this subtitle will be evaluated;
(5) the State will encourage cooperation among programs that receive assistance under this subtitle and the appropriate State job training coordinating council established under the Job Training and Partnership Act (29 U.S.C. 1501 et seq.);
(6) such State will certify the training skills acquired by each participant and the credit provided to each participant for competencies developed through training programs or work experience obtained under programs that receive assistance under this subtitle; and
(7) prior to the placement of a participant under this subtitle, the State will ensure that program agencies consult with each local labor organization representing employees in the area who are engaged in the same or similar work as the work that is proposed to be carried out by such program.

Sec. 124. Focus of Programs.[edit]

(a) IN GENERAL.—
Programs that receive assistance under this subtitle may carry out activities that—
(1) in the case of conservation corps programs, focus on—
(A) conservation, rehabilitation, and the improvement of wildlife habitat, rangelands, parks, and recreational areas;
(B) urban and rural revitalization, historical and cultural site preservation, and reforestation of both urban and rural areas;
(C) fish culture, wildlife habitat maintenance and improvement, and other fishery assistance;
(D) road and trail maintenance and improvement;
(E) erosion, flood, drought, and storm damage assistance and controls;
(F) stream, lake, waterfront harbor, and port improvement;
(G) wetlands protection and pollution control;
(H) insect, disease, rodent, and fire prevention and control;
(I) the improvement of abandoned railroad beds and rights-of-way;
(J) energy conservation projects, renewable resource enhancement, and recovery of biomass;
(K) reclamation and improvement of strip-mined land;
(L) forestry, nursery, and cultural operations; and
(M) making public facilities accessible to individuals with disabilities.
(2) in the case of human services corps programs, include participant service in—
(A) State, local, and regional governmental agencies;
(B) nursing homes, hospices, senior centers, hospitals, local libraries, parks, recreational facilities, child and adult day care centers, programs serving individuals with disabilities, and schools;
(C) law enforcement agencies, and penal and probation systems;
(D) private nonprofit organizations that primarily focus on social service such as community action agencies;
(E) activities that focus on the rehabilitation or improvement of public facilities, neighborhood improvements, literacy training that benefits educationally disadvantaged individuals, weatherization of and basic repairs to low-income housing including housing occupied by older adults, energy conservation (including solar energy techniques), removal of architectural barriers to access by individuals with disabilities to public facilities, activities that focus on drug and alcohol abuse education, prevention and treatment, and conservation, maintenance, or restoration of natural resources on publicly held lands; and
(F) any other nonpartisan civic activities and services that the Commission determines to be of a substantial social benefit in meeting unmet human, educational, or environmental needs (particularly needs related to poverty) or in the community where volunteer service is to be performed; or
(3) encompass the focuses and services described in both paragraphs (1) and (2).
(b) INELIGIBLE SERVICE CATEGORIES.—
To be eligible to receive assistance under this subtitle, the activities conducted through programs referred to in subsection (a) shall not be conducted by any—
(1) business organized for profit;
(2) labor union;
(3) partisan political organization;
(4) organization engaged in religious activities, unless such activities do not involve the use of funds provided under this title by program participants and program staff to give religious instruction, conduct worship services, or engage in any form of proselytization; or
(5) domestic or personal service company or organization.
(c) LIMITATION ON SERVICE.—
No participant shall perform services in any project for more than a 6-month period. No participant shall remain enrolled in projects assisted under this subtitle for more than 24 months.

Sec. 125. Related Programs.[edit]

An activity administered under the authority of the Secretary of Health and Human Services, that is operated for the same purpose as a program eligible to be carried out under this subtitle, is encouraged to use services available under this subtitle.

Sec. 126. Public Lands or Indian Lands.[edit]

(a) LIMITATION.—
To be eligible to receive assistance through a grant provided under this subtitle, a program shall carry out activities on public lands or Indian lands, or result in a public benefit.
(b) REVIEW OF APPLICATIONS.—
In reviewing applications submitted under section 123 that propose programs or projects to be carried out on public lands or Indian lands, the Commission shall consult with the Secretary of the Interior.
(c) CONSISTENCY.—
A program carried out with assistance provided under this subtitle for conservation, rehabilitation, or improvement of any public lands or Indian lands shall be consistent with—
(1) the provisions of law and policies relating to the management and administration of such lands, and all other applicable provisions of law; and
(2) all management, operational, and other plans and documents that govern the administration of such lands.
(d) PARTICIPATION BY OTHER CONSERVATION PROGRAMS.—
Any land or water conservation program (or any related program) administered in any State under the authority of any Federal program is encouraged to use services available under this part to carry out its program.

Sec. 127. Training and Education Services.[edit]

(a) ASSESSMENT OF SKILLS.—
Each program agency shall assess the educational level of participants at the time of their entrance into the program, using any available records or simplified assessment means or methodology and shall, where appropriate, refer such participants for testing for specific learning disabilities.
(b) ENHANCEMENT OF SKILLS.—
Each program agency shall, through the programs and activities administered under this subtitle, enhance the educational skills of participants.
(c) PROVISION OF PRE-SERVICE AND IN-SERVICE TRAINING AND EDUCATION.—
(1) REQUIREMENT.—
Each program agency shall use not less than 10 percent of the assistance made available to such agency under this subtitle in each fiscal year to provide pre-service and in-service training and educational materials and services for participants in such a program. Program participants shall be provided with information concerning the benefits to the community that result from the activities undertaken by such participants.
(2) AGREEMENTS FOR ACADEMIC STUDY.—
A program agency may enter into arrangements with academic institutions or education providers, including—
(A) local education agencies;
(B) community colleges;
(C) 4-year colleges;
(D) area vocational-technical schools; and
(E) community based organizations;
to evaluate the basic skills of participants and to make academic study available to participants to enable such participants to upgrade literacy skills, to obtain high school diplomas or the equivalent of such diplomas, to obtain college degrees, or to enhance employable skills.
(3) COUNSELING.—
Career and educational guidance and counseling shall be provided to a participant during a period of in-service training as described in this subsection. Each graduating participant shall be provided with counseling with respect to additional study, job skills training or employment and shall be provided job placement assistance where appropriate.
(4) PRIORITY FOR PARTICIPANTS WITHOUT HIGH SCHOOL DIPLOMAS.—
A program agency shall give priority to participants who have not obtained a high school diploma or the equivalent of such diploma, in providing services under this subsection.
(d) STANDARDS AND PROCEDURES.—
(1) CONSISTENCY WITH STATE AND LOCAL REQUIREMENTS.—
Appropriate State and local officials shall certify that standards and procedures with respect to the awarding of academic credit and the certification of educational attainment in programs conducted under subsection (c) are consistent with the requirements of applicable State and local law and regulations.
(2) ACADEMIC STANDARDS.—
The standards and procedures described in paragraph (1) shall provide that an individual serving in a program that receives assistance under this subtitle—
(A) who is not a high school graduate, participate in an educational curriculum so that such individual can earn a high school diploma or the equivalent of such diploma; and
(B) may arrange to receive academic credit in recognition of the education and skills obtained from service satisfactorily completed.

Sec. 128. Amount of Award; Matching Requirement.[edit]

(a) AMOUNT OF AWARD.—
In determining the amount of a grant to be awarded to an applicant under this subtitle, the Commission shall consider—
(1) the number of participants to be served;
(2) the youth unemployment rate in the State; and
(3) the type of project or service proposed to be carried out with the assistance provided under this subtitle.
(b) MATCHING REQUIREMENT.—
(1) FEDERAL SHARE.—
The Federal share of the cost of activities for which a grant is made to a State or local applicant under this subtitle shall not exceed 75 percent of the total cost of such activities.
(2) DEMONSTRATION OF EFFECTIVENESS.—
In addition to the matching requirement in paragraph (1), the State or local applicant shall demonstrate to the satisfaction of the Commission that the effectiveness of the project will be enhanced by the use of Federal funds.

Sec. 129. Preference for Certain Projects.[edit]

(a) IN GENERAL.—
In the consideration of applications submitted under section 123, the Commission shall give preference to programs that—
(1) will provide long-term benefits to the public;
(2) will instill a work ethic and a sense of public service in the participants;
(3) will be labor intensive, and involve youth operating in crews;
(4) can be planned and initiated promptly; and
(5) will enhance skills development and educational level and opportunities for the participants.
(b) SPECIAL RULE.—
In the consideration of applications under this subtitle the Commission shall ensure the equitable treatment of both urban and rural areas.

Sec. 130. Age and Citizenship Criteria for Enrollment.[edit]

(a) AGE AND CITIZENSHIP.—
Enrollment in programs that receive assistance under this subtitle shall be limited to individuals who, at the time of enrollment, are—
(1) not less than 16 years nor more than 25 years of age, except that summer programs may include individuals not less than 15 years nor more than 21 years of age at the time of the enrollment of such individuals; and
(2) citizens or nationals of the United States or lawful permanent resident aliens of the United States.
(b) PARTICIPATION OF DISADVANTAGED YOUTH.—
Programs that receive assistance under this subtitle shall ensure that educationally and economically disadvantaged youth, including youth in foster care who are becoming too old for foster care, youth with disabilities, youth with limited English proficiency, youth with limited basic skills or learning disabilities and homeless youth, are offered opportunities to enroll.
(c) SPECIAL CORPS MEMBERS.—
Notwithstanding subsection (a)(1), program agencies may enroll a limited number of special corps members over age 25 so that the corps may draw on their special skills to fulfill the purposes of this Act. Programs are encouraged to consider senior citizens as special corps members.
(d) JOINT PROJECTS WITH SENIOR CITIZENS ORGANIZATIONS.—
Program agencies shall use not more than 2 percent of amounts received under this subtitle to conduct joint projects with senior citizens organizations to enable senior citizens to serve as mentors for youth participants.
(e) CONSTRUCTION.—
Nothing in subsection (a) shall be construed to prohibit any program agency from limiting enrollment to any age subgroup within the range specified in subsection (a)(1).

Sec. 131. Use of Volunteers.[edit]

Program agencies may use volunteer services for purposes of assisting projects carried out under this subtitle and may expend funds made available for those purposes to the agency, including funds made available under this subtitle, to provide for services or costs incidental to the utilization of such volunteers, including transportation, supplies, lodging, recruiting, training, and supervision. The use of volunteer services under this section shall be subject to the condition that such use does not result in the displacement of any participant.

Sec. 132. Post-Service Benefits.[edit]

The program agency shall provide post-service education and training benefits (such as scholarships and grants) for each participant in an amount that is not in excess of $100 per week, or in excess of $5,000 per year, whichever is less.

Sec. 133. Living Allowance.[edit]

(a) FULL-TIME SERVICE.—
(1) IN GENERAL.—
From assistance provided under this subtitle, each participant in a full-time youth corps program that receives assistance under this subtitle shall receive a living allowance of not more than an amount equal to 100 percent of the poverty line for a family of two (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))).
(2) NON-FEDERAL SOURCES.—
Notwithstanding paragraph (1), a program agency may provide participants with additional amounts that are made available from non-Federal sources.
(b) REDUCTION IN EXISTING PROGRAM BENEFITS.—
(1) IN GENERAL.—
Nothing in this section shall be construed to require a program in existence on the date of enactment of this Act to decrease any stipends, salaries, or living allowances provided to participants under such program so long as the amount of any such stipends, salaries, or living allowances that is in excess of the levels provided for in this section are paid from non-Federal sources.
(2) FAIR LABOR STANDARDS ACT OF 1938.—
For purposes of the Fair Labor Standards Act of 1938, residential youth corps programs under this subtitle will be considered an organized camp.
(c) HEALTH INSURANCE.—
In addition to the living allowance provided under subsection (a), program agencies are encouraged to provide health insurance to each participant in a full-time youth corps program who does not otherwise have access to health insurance.
(d) FACILITIES, SERVICES, AND SUPPLIES.—
(1) IN GENERAL.—
The program agency may deduct, from amounts provided under subsections (a) and (c) to a participant, a reasonable portion of the costs of the rates for any room and board that is provided for such participant at a residential facility. Such deducted funds shall be deposited into rollover accounts that shall be used solely to defray the costs of room and board for participants.
(2) EVALUATION.—
The program agency shall establish the amount of the deductions and rates under paragraph (1) after evaluating the costs of providing such room and board to the participant.
(3) DUTIES OF PROGRAM AGENCY.—
A program agency may provide facilities, quarters, and board and shall provide limited and emergency medical care, transportation from administrative facilities to work sites, accommodations for individuals with disabilities, and other appropriate services, supplies, and equipment to each participant.
(4) OTHER FEDERAL AGENCIES.—
(A) IN GENERAL.—
The Commission may provide services, facilities, supplies, and equipment, including any surplus food and equipment available from other Federal programs, to any program agency carrying out projects under this subtitle.
(B) SECRETARY OF DEFENSE.—
Whenever possible, the Commission shall make arrangements with the Secretary of Defense to have logistical support provided by a military installation near the work site, including the provision of temporary tent centers where needed, and other supplies and equipment.
(5) HEALTH AND SAFETY STANDARDS.—
The Commission and program agencies shall establish standards and enforcement procedures concerning the health and safety of participants for all projects, consistent with Federal, State, and local health and safety standards.

Sec. 134. Joint Programs.[edit]

(a) DEVELOPMENT.—
The Commission may develop, in cooperation with the heads of other Federal agencies, regulations designed to permit, where appropriate, joint programs in which activities supported with assistance made available under this subtitle are coordinated with activities supported with assistance made available under programs administered by the heads of such agencies (including the Job Training Partnership Act (29 U.S.C. 1501 et seq.)).
(b) STANDARDS.—
Regulations promulgated under subsection (a) shall establish standards for the approval of joint programs that meet both the purposes of this title and the purposes of such statutes under which assistance is made available to support such projects.
(c) OPERATION OF MANAGEMENT AGREEMENTS.—
Program agencies may enter into contracts and other appropriate arrangements with local government agencies and nonprofit organizations for the operation or management of any projects or facilities under the program.
(d) COORDINATION.—
The Commission and program agencies carrying out programs under this subtitle shall coordinate the programs with related Federal, State, local, and private activities.

Sec. 135. Federal and State Employee Status.[edit]

(a) IN GENERAL.—
Participants and crew leaders shall be responsible to, or be the responsibility of, the program agency administering the program on which such participants, crew leaders, and volunteers work.
(b) NON-FEDERAL EMPLOYEES.—
(1) IN GENERAL.—
Except as otherwise provided in this subsection, a participant or crew leader in a program that receives assistance under this subtitle shall not be considered a Federal employee and shall not be subject to the provisions of law relating to Federal employment.
(2) WORK-RELATED INJURY.—
For purposes of subchapter I of chapter 81 of title 5, United States Code, relating to the compensation of Federal employees for work injuries, a participant or crew leader serving in a program that receives assistance under this subtitle shall be considered an employee of the United States within the meaning of the term ``employee´´ as defined in section 8101 of title 5, United States Code, and the provision of that subchapter shall apply, except—
(A) the term ``performance of duty´´, as used in such subchapter, shall not include an act of a participant or crew leader while absent from the assigned post of duty of such participant or crew leader, except while participating in an activity authorized by or under the direction and supervision of a program agency (including an activity while on pass or during travel to or from such post of duty); and
(B) compensation for disability shall not begin to accrue until the day following the date that the employment of the injured participant or crew leader is terminated.
(3) TORT CLAIMS PROCEDURE.—
For purposes of chapter 171 of title 28, United States Code, relating to tort claims procedure, a participant or crew leaders assigned to a youth corps program for which a grant has been made to the Secretary of Agriculture, Secretary of the Interior, or the Director of ACTION, shall be considered an employee of the United States within the meaning of the term ``employee of the government´´ as defined in section 2671 of such title.
(4) ALLOWANCE FOR QUARTERS.—
For purposes of section 5911 of title 5, United States Code, relating to allowances for quarters, a participant or crew leader shall be considered an employee of the United States within the meaning of the term ``employee´´ as defined in paragraph (3) of subsection (a) of such section.
(c) AVAILABILITY OF APPROPRIATION.—
Contract authority under this subtitle shall be subject to the availability of appropriations. Assistance made available under this subtitle shall only be used for activities that are in addition to those which would otherwise be carried out in the area in the absence of such funds.

Sec. 136. Regulations and Assistance.[edit]

(a) IN GENERAL.—
Before the end of the 120-day period beginning on the date of the enactment of this Act, the Commission shall promulgate regulations necessary to implement the program established by this subtitle.
(b) NOTICE AND COMMENT.—
(1) IN GENERAL.—
Prior to the end of the 30-day period beginning on the date of the enactment of this Act, the Commission shall establish procedures to provide program agencies and other interested parties (including the general public) with adequate notice and an opportunity to comment on and participate in the formulation of regulations promulgated under subsection (a).
(2) REPORTING.—
The regulations promulgated under subsection (a) shall include provisions to assure uniform reporting on—
(A) the activities and accomplishments of Youth Corps programs;
(B) the demographic characteristics of participants in the Youth Corps; and
(C) such other information as may be necessary to prepare the annual report required by section 172.

Subtitle D — National and Community Service[edit]

Sec. 140. Short Title.[edit]

This subtitle may be cited as the ``National and Community Service Act´´.

Sec. 141. General Authority.[edit]

The Commission may make grants under section 102 to States for the creation of full- and part-time national and community service programs.

Sec. 142. Grants.[edit]

(a) CRITERIA FOR RECEIVING APPLICATIONS.—
In determining whether to award a grant to a State under section 141, the Commission shall consider—
(1) the ability of the proposed program of such State to serve as an effective model for a large-scale national service program;
(2) the quality of the application of such State, including the plan of such State for training, recruitment, placement, and data collection;
(3) the extent that the proposed program builds on existing programs; and
(4) the expediency with which the State proposes to make the program operational.
(b) DIVERSITY.—
The Commission shall ensure that programs receiving assistance under this subtitle are geographically diverse and include programs in both urban and rural States.
(c) TRAINING AND SKILLS.—
The Commission shall ensure that some of the programs funded under this subtitle enroll individuals who have completed undergraduate education or specialized post-secondary training and whose training and skills enable them to provide needed services in the State.
(d) COMPOSITION OF PROGRAMS.—
The Commission shall ensure that not less than 25 percent of the programs that receive assistance under this subtitle include full-time, part-time and special senior service participants.
(e) DESIGN OF PROGRAMS.—
States shall design programs, consistent with the provisions of this Act, that meet the unique needs of the State, which may include programs that limit the type of service participants may perform or limit the age of participants to a narrower age subgroup.
(f) STATE APPLICATION FOR GRANT.—
To receive a grant under section 141, a State shall prepare and submit, to the Commission, an application at such time, in such manner, and containing such information as the Commission may reasonably require, including—
(1) a description of the State administrative plan for the implementation of a program with assistance provided under this subtitle, including such functions, if any, that will be carried out by public and private nonprofit organizations pursuant to a grant or contract;
(2) a description of the manner in which an ethnically and economically diverse group of participants, including economically and educationally disadvantaged individuals, college-bound youth, individuals with disabilities, youth in foster care who are becoming too old for foster care, and employed individuals, shall be recruited and selected for participation in a program receiving assistance under this subtitle;
(3) a description of the procedures for training supervisors and participants and for supervising and organizing participants in such program;
(4) a description of the procedures to ensure that the program provides participants with an opportunity to reflect on their service experience;
(5) a description of the geographical areas within such State in which the program would be operated to provide the optimum match between the need for services and the anticipated supply of participants;
(6) a description of the plan for placing such participants in teams or making individual placements in such program;
(7) assurances that, prior to such placement, the State will consult with any local labor organization representing employees in the area who are engaged in the same or similar work as that proposed to be carried out by such program;
(8) assurances that, prior to such placement, such State will consult with employees at the proposed project site who are engaged in the same or similar work as that proposed to be carried out by such program;
(9) a description of the anticipated number of full- and part-time participants and special senior service members in such program;
(10) a plan for the recruitment and selection of sponsoring organizations that will receive participants under programs that receive assistance under this subtitle;
(11) a description of the procedures for matching such participants with such sponsoring organizations;
(12) a description of the procedures to be used to assure that sponsoring organizations that are not matched with participants shall be provided with information concerning the VISTA program and the programs established under title II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5001 et seq.);
(13) the State budget for the program;
(14) a plan for evaluating the program and assurances that such State will fully cooperate with any evaluation undertaken by the Commission pursuant to section 178; and
(15) any other information as the Commission may reasonably require.
(g) NUMBER OF STATES.—
(1) IN GENERAL.—
The Commission shall ensure that not more than five States are authorized to operate full-time programs and not more than five States are authorized to operate part-time programs in fiscal year 1991 under this subtitle.
(2) SINGLE PROGRAM.—
For purposes of paragraph (1), a State operating a single national service program with both full- and part-time options shall be counted as a State operating a full-time program and a State operating a part-time program.
(3) COOPERATIVE ARRANGEMENT.—
For purposes of paragraph (1), a State operating a national service program involving a cooperative arrangement with a multi-State organization or with sites in more than one State shall be counted as a single State.
(4) AUTHORIZED PROGRAMS IN FISCAL YEAR 1991.—
The Commission shall ensure that not more than eight States are authorized to operate programs in fiscal year 1991 under this subtitle.
(h) INDIAN TRIBES.—
An Indian tribe shall be treated the same as a State for purposes of making grants under this subtitle.

Sec. 143. Types of National Service.[edit]

A participant in a program that receives assistance under this subtitle shall perform national service to meet unmet educational, human, environmental, and public safety needs, especially those needs relating to poverty.

Sec. 144. Terms of Service.[edit]

(a) LENGTH OF SERVICE.—
(1) PART-TIME.—
An individual performing part-time national service under this subtitle shall agree to perform community service for not less than 3 years.
(2) FULL-TIME.—
An individual performing full-time national service under this subtitle shall agree to perform community service for not less than 1 year nor more than 2 years, at the discretion of such individual.
(3) SPECIAL SENIOR SERVICE.—
A special senior service participant performing national service under this subtitle shall serve for a period of time as determined by the Commission.
(b) PARTIAL COMPLETION OF SERVICE.—
If the State releases a participant from completing a term of service in a program receiving assistance under this subtitle for compelling personal circumstances as demonstrated by such participant, the Commission may provide such participant with that portion of the financial assistance described in section 146 that corresponds to the quantity of the service obligation completed by such individual.
(c) TERMS OF SERVICE.—
(1) PART-TIME.—
A participant performing part-time national service under this subtitle shall serve for—
(A) 2 weekends each month and 2 weeks during the year; or
(B) an average of 9 hours per week each year of service.
(2) FULL-TIME.—
A participant performing full-time national service under this subtitle shall serve for not less than 40 hours per week each year of service.
(3) SPECIAL SENIOR SERVICE.—
A special senior service participant performing national service under this subtitle shall serve either part- or full-time as permitted by the Commission.

Sec. 145. Eligibility.[edit]

(a) PART-TIME.—
(1) REQUIREMENTS.—
An individual may serve in a part-time national service program under this subtitle if such individual—
(A) is 17 years of age or older; and
(B) is a citizen of the United States or lawfully admitted for permanent residence.
(2) PRIORITY.—
In selecting applicants for a part-time program, States shall give priority to applicants who are currently employed.
(b) FULL-TIME.—
An individual may serve in a full-time national service program under this subtitle if such individual—
(1) is 17 years of age or older;
(2) has received a high school diploma or the equivalent of such diploma, or agrees to achieve a high school diploma or the equivalent of such diploma while participating in the program; and
(3) is a citizen of the United States or lawfully admitted for permanent residence.
(c) SPECIAL SENIOR SERVICE.—
An individual may serve as a special senior service member under this subtitle if such individual—
(1) is 60 years of age or older; and
(2) meets the eligibility criteria for special senior service membership established by the Commission.

Sec. 146. Post-Service Benefits.[edit]

(a) PART-TIME.—
(1) FEDERAL SHARE.—
The Commission shall annually provide to each part-time participant a nontransferrable post-service benefit that is equal in value to $1,000 for each year of service that such participant provides to the program.
(2) STATE SHARE.—
(A) IN GENERAL.—
The State shall annually provide to each part-time participant a nontransferrable post-service benefit that is equal in value to $1,000 for each year of service that such participant provides to the program.
(B) WAIVER.—
A State may apply for a waiver to reduce the amount of the post-service benefit to an amount that is equal to not less than the average annual tuition and required fees at 4-year public institutions of higher education within such State.
(3) CONSTRUCTION.—
Nothing in this subsection shall be construed to prevent a State from using funds made available from non-Federal sources to increase the amount of post-service benefits provided under paragraph (1) to an amount in excess of that described in such paragraph.
(b) FULL-TIME.—
(1) FEDERAL SHARE.—
The Commission shall annually provide to each full-time participant a nontransferrable post-service benefit that is equal in value to $2,500 for each year of service that such participant provides to the program.
(2) STATE SHARE.—
(A) IN GENERAL.—
The State shall annually provide to each full-time participant a nontransferrable post-service benefit that is equal in value to $2,500 for each year of service that such participant provides to the program.
(B) WAIVER.—
A State may apply for a waiver to reduce the amount of the post-service benefit to an amount that is equal to not less than the average annual tuition, required fees, and room and board costs at 4-year public institutions of higher education within such State.
(3) CONSTRUCTION.—
Nothing in this subsection shall be construed to prevent a State from using funds made available from non-Federal sources to increase the amount of post-service benefits provided under paragraph (1) to an amount in excess of that described in such paragraph.
(c) SPECIAL SENIOR SERVICE PARTICIPANT.—
A special senior service participant shall be ineligible to receive post-service benefits under this section.
(d) INDEXING.—
The Commission shall increase the value of post-service benefits provided under this section in each fiscal year based on the increase in the costs associated with attending a 4-year institution of higher education during that fiscal year. The Commission shall determine such increases in costs based on information made available by the Bureau of Labor Statistics and the National Center for Education Statistics.
(e) POST-SERVICE BENEFIT.—
(1) PART-TIME.—
A post-service benefit provided under subsection (a) shall only be used for—
(A) payment of a student loan from Federal or non-Federal sources;
(B) downpayment or closing costs associated with purchasing a first home; or
(C) tuition at an institution of higher education on a full-time basis, or to pay the expenses incurred in the full-time participation in an apprenticeship program approved by the appropriate State agency.
(2) FULL-TIME.—
A post-service provided under subsection (b) shall only be used for—
(A) payment of a student loan from Federal or non-Federal sources; or
(B) tuition, room and board, books and fees, and other costs associated with attendance (pursuant to section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll)) at an institution of higher education on a full-time basis, or to pay the expenses incurred in the full-time participation in an apprenticeship program approved by the appropriate State agency.

Sec. 147. Living Allowance.[edit]

(a) FULL-TIME SERVICE.—
(1) IN GENERAL.—
From assistance provided under this subtitle, each participant in a full-time national service program receiving assistance under this subtitle shall receive a living allowance of not more than an amount equal to 100 percent of the poverty line for a family of two (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))).
(2) NON-FEDERAL SOURCES.—
Notwithstanding paragraph (1), a program agency may provide participants with additional amounts that are made available from non-Federal sources.
(b) REDUCTION IN EXISTING PROGRAM BENEFITS.—
Nothing in this section shall be construed to require a program in existence on the date of enactment of this Act to decrease any stipends, salaries, or living allowances provided to participants under such program.
(c) HEALTH INSURANCE.—
In addition to the living allowance provided under subsection (a), grantees are encouraged to provide health insurance to each participant in a full-time national service program who does not otherwise have access to health insurance.
(d) SPECIAL SENIOR SERVICE PARTICIPANT.—
(1) FULL-TIME.—
Each full-time special senior service participant shall receive a living allowance equal to the living allowance provided to full-time participants under subsection (a), and such other assistance as the Commission considers necessary and appropriate for a special senior service participant to carry out the service obligation of such participant.
(2) PART-TIME.—
Each part-time special senior service participant shall receive a living allowance equal to a share of such allowance offered to a full-time special senior service participant under paragraph (1), that has been prorated according to the number of hours such part-time participant serves in the program, and such other assistance that the Commission considers necessary and appropriate for a special senior service participant to carry out the service obligation of such participant.

Sec. 148. Training.[edit]

(a) PROGRAM TRAINING.—
(1) IN GENERAL.—
Each participant shall receive 3 weeks of training provided by the Commission in cooperation with the State.
(2) CONTENTS OF TRAINING SESSION.—
Each training session described in paragraph (1) shall—
(A) orient each participant in the nature, philosophy, and purpose of the program;
(B) build an ethic of community service; and
(C) train each participant to effectively perform the assigned program task of such participant by providing—
(i) general training in citizenship and civic and community service; and
(ii) if feasible, specialized training for the type of service that each participant will perform.
(b) ADDITIONAL TRAINING.—
Each State may provide additional training for participants as such State determines necessary.
(c) AGENCY OR ORGANIZATION TRAINING.—
Each participant shall receive training from the sponsoring organization in skills relevant to the work to be conducted.
(d) ACCOMMODATIONS FOR INDIVIDUALS WITH DISABILITIES.—
In accordance with the nondiscrimination provisions of section 175, each training program shall provide reasonable accommodations for individuals with disabilities.

Sec. 149. Public-Private Partnership.[edit]

The Commission shall consider and develop opportunities for cooperation between public and private entities in the funding and implementation of a program receiving assistance under this subtitle, including cost-sharing arrangements with sponsoring organizations.

Sec. 150. In-Service Education Benefits.[edit]

Each State that receives assistance under this subtitle shall provide to each participant enrolled in a full-time program in-service educational services and materials to enable such participant to obtain a high school diploma or the equivalent of such diploma.

Subtitle E — Innovative and Demonstration Programs and Projects[edit]

Part I — Limitation on Grants[edit]

Sec. 155. Limitation on Grants.[edit]
The Commission shall make grants for not fewer than three programs authorized in this subtitle.

Part II — Governors' Innovative Service Programs[edit]

Sec. 156. General Authority.[edit]
The Commission may make grants under section 102 to States or Indians tribes for the creation of innovative volunteer and community service programs.
Sec. 157. Grants.[edit]
(a) CRITERIA FOR RECEIVING APPLICATIONS.—
In determining whether to award a grant under section 156, the Commission shall consider—
(1) the ability of the proposed program to serve as an effective model;
(2) the quality of the application submitted for the grant;
(3) the extent to which the proposed program builds on existing programs; and
(4) the degree to which the program responds to human, educational, environmental and public safety needs in an innovative manner.
(b) AUTHORIZED ACTIVITIES.—
Grants under this part may be used for—
(1) enhancing volunteer and community service programs;
(2) demonstration programs;
(3) research concerning, assessment of, and evaluation of service programs;
(4) coordination of service programs;
(5) technical assistance;
(6) training and staff development; and
(7) collection and dissemination of information concerning service programs.
(c) APPLICATION FOR GRANT.—
To receive a grant under this part, a State or Indian tribe shall prepare and submit to the Commission, an application at such time, in such manner, and containing such information as the Commission may reasonably require, including—
(1) a description of the proposed program to be established with assistance provided under the grant;
(2) a description of the human, educational, environmental or public safety service that participants will perform and the State or community need that will be addressed under such proposed program;
(3) a description of the target population of participants and how they will be recruited;
(4) a description of the procedure for training supervisors and participants and for supervising and organizing participants in such proposed program;
(5) a description of the procedures to ensure that the proposed program provides participants with an opportunity to reflect on their service experiences;
(6) a description of the budget for the program;
(7) assurances that, prior to the placement of a participant in the program, the applicant will consult with any local labor organization representing employees in the area who are engaged in the same or similar work as that proposed to be carried out by such project; and
(8) assurances that, prior to the placement of a participant in a program, the applicant will consult with employees at the proposed program site who are engaged in the same or similar work as that proposed to be carried out by such program.

Part III — Peace Corps[edit]

Sec. 160. Program Authorized.[edit]
(a) GENERAL AUTHORITY.—
The Commission is authorized to make grants to the Director of the Peace Corps or the Director of ACTION to carry out training and educational benefits demonstration programs in accordance with this part.
(b) CONTRACT AUTHORITY.—
The Director of the Peace Corps and the Director of ACTION are authorized, either directly or by way of grant, contract, or other arrangement, to carry out the provisions of this part. The authority to enter into contracts under this part shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriations Acts.
Sec. 161. Eligibility and Selection Procedures.[edit]
(a) ELIGIBILITY.—
Any individual who—
(1) has completed at least 2 years of satisfactory study at an institution of higher education, is enrolled in an educational program of at least 4 years at an institution of higher education for which such institution awards a bachelor's degree, and will complete such program within 2 years;
(2) enters into an agreement with the Director of the Peace Corps or the Director of ACTION to serve at least 3 years as a volunteer in the Peace Corps or in VISTA; and
(3) is selected pursuant to the competitive process established under subsection (b);
is eligible to participate in the demonstration program authorized by this part.
(b) SELECTION PROCEDURES.—
The Director of the Peace Corps and the Director of ACTION shall each establish uniform criteria for the selection on a competitive basis of individuals to participate in the training programs established under section 162 and to receive educational benefits under section 163. The selection procedures established under this section shall be designed to provide for the awarding of grants for benefits only to students from groups traditionally underrepresented in the Peace Corps or VISTA and to students who will specialize in courses of instruction for which there is a special need in the Peace Corps or VISTA. Not more than 50 individuals shall be selected to participate in the training programs established under section 162.
Sec. 162. Training Program.[edit]
The Director of the Peace Corps and the Director of ACTION shall each establish and carry out a training program under which each individual selected under section 161(b), as part of the course of study which the individual is pursuing at the institution of higher education of such individual, receives appropriate training in skills that such individual will employ in the Peace Corps or VISTA.
Sec. 163. Educational Benefits.[edit]
(a) BENEFITS PROVIDED.—
Each individual who has been selected under section 161(b) shall be eligible to receive educational benefits in an amount that the Director of the Peace Corps or the Director of ACTION finds reasonable and appropriate, but that shall not exceed the costs of tuition, room and board, books, and fees that the individual incurs in attending the institution of higher education of such individual during the remaining 2 years of the educational program in which the individual is enrolled.
(b) FORM OF BENEFITS.—
The educational benefits provided to an individual under subsection (a) shall be in the form of grants, remissions of expenses, or such other form as the Director of the Peace Corps or the Director of ACTION considers appropriate.
(c) REPAYMENT OF BENEFITS.—
An individual provided benefits under subsection (a) shall repay the amount of the benefits so provided, plus interest not to exceed that permitted under section 427A of the Higher Education Act of 1965 (20 U.S.C. 1077a)—
(1) if the individual fails to complete the educational program of such individual within the 2-year period specified in section 161(a)(1), or
(2) if the individual fails to serve 3 years as a volunteer in the Peace Corps or VISTA upon completing the educational program of such individual.
The Director of the Peace Corps or the Director of ACTION may waive the repayment requirement if exceptional circumstances, such as illness or death, prevent an individual from meeting such 2-year or 3-year requirement.
(d) COLLECTION BY SECRETARY OF EDUCATION.—
The Secretary of Education shall have the authority to collect amounts owed by an individual under subsection (c). The Secretary may, for the purpose of collecting such amounts, exercise the authorities conferred on the Secretary by sections 467 and 468 of the Higher Education Act of 1965 (20 U.S.C. 1087gg and 1087hh) with respect to the collection of defaulted loans under part E of title IV of that Act. Amounts collected under this subsection shall be deposited in the general fund of the Treasury.
Sec. 164. Evaluation and Report.[edit]
The General Accounting Office shall conduct an evaluation of any program authorized by this part and shall prepare and submit to the President and the appropriate committees of Congress—
(1) not later than October 31, 1993, an interim report on such evaluation; and
(2) not later than October 31, 1995, a final report on such evaluation, together with such recommendations, including recommendations for legislation, as the Director of the Peace Corps, the Director of ACTION, and the Secretary consider appropriate.

Part IV — Other Volunteer Programs[edit]

Sec. 165. Rural Youth Service Demonstration Project.[edit]
The Commission is authorized, in accordance with this subtitle, to make grants and enter into contracts under section 102 for the establishment of demonstration projects in rural areas. Such projects may include volunteer service involving the elderly and assisted-living services performed by students, school dropouts, and out-of-school youth.
Sec. 166. Assistance for Head Start.[edit]
The Commission, in consultation with the Director of ACTION, is authorized to make grants under section 102 to grantees under the Foster Grandparent Program (part B of title II of the Domestic Volunteer Service Act) for the purpose of increasing the number of low-income individuals who provide services under such program to children who participate in Head Start programs.
Sec. 167. Employer-Based Retiree Volunteer Programs.[edit]
The Commission is authorized to make grants under section 102 to public and private nonprofit organizations for the purpose of bringing together retirees, their former employers, and community agencies to develop employer-based retiree volunteer programs.

Subtitle F — Administrative Provisions[edit]

Sec. 171. Limitation on Number of Grants.[edit]

(a) IN GENERAL.—
The Commission shall not award more than one grant during each fiscal year to each State under section 102.
(b) NUMBER OF APPLICATIONS.—
In submitting applications for a grant under section 102, a State shall consolidate all of the applications of such State for the conduct of programs under subtitles B through E, into a single application that meets the requirements of such subtitles.
(c) MULTIPLE USE.—
A grant awarded under section 102 to a State may be used by the State in accordance with the applications consolidated, submitted, and approved under subtitles B through E.

Sec. 172. Reports.[edit]

(a) STATE REPORTS.—
(1) IN GENERAL.—
Each State receiving assistance under this title shall prepare and submit, to the Commission, an annual report concerning the use of assistance provided under this title and the status of the national and community service programs that receive assistance under such title in such State.
(2) LOCAL GRANTEES.—
Each State may require local grantees that receive assistance under this title to supply such information to the State as is necessary to enable the State to complete the report required under paragraph (1), including a comparison of actual accomplishments with the goals established for the program, the number of participants in the program, the number of service hours generated, and the existence of any problems, delays or adverse conditions that have affected or will affect the attainment of program goals.
(3) REPORT DEMONSTRATING COMPLIANCE.—
(A) IN GENERAL.—
Each State receiving assistance under this title shall include information in the report required under paragraph (1) that demonstrates the compliance of the State with the provisions of this Act, including sections 177 and 113(9).
(B) LOCAL GRANTEES.—
Each State may require local grantees to supply such information to the State as is necessary to enable the State to comply with the requirement of paragraph (1).
(4) AVAILABILITY OF REPORT.—
Reports submitted under paragraph (1) shall be made available to the public on request.
(b) REPORT TO CONGRESS.—
(1) IN GENERAL.—
Not later than 120 days after the end of each fiscal year, the Commission shall prepare and submit, to the appropriate authorizing and appropriation Committees of Congress, a report concerning the programs that receive assistance under this title.
(2) CONTENT.—
Reports submitted under paragraph (1) shall contain a summary of the information contained in the State reports submitted under subsection (a), and shall reflect the findings and actions taken as a result of any evaluation conducted by the Commission.

Sec. 173. Supplementation.[edit]

(a) IN GENERAL.—
Assistance provided under this title shall be used to supplement the level of State and local public funds expended for services of the type assisted under this title in the previous fiscal year.
(b) AGGREGATE EXPENDITURE.—
Subsection (a) shall be satisfied, with respect to a particular program, if the aggregate expenditure for such program for the fiscal year in which services are to be provided will not be less than the aggregate expenditure for such program in the previous fiscal year, excluding the amount of Federal assistance provided and any other amounts used to pay the remainder of the costs of programs assisted under this title.

Sec. 174. Prohibition on Use of Funds.[edit]

(a) PROHIBITED USES.—
No assistance made available under a grant under this title shall be used to provide religious instruction, conduct worship services, or engage in any form of proselytization.
(b) POLITICAL ACTIVITY.—
Assistance provided under this title shall not be used by program participants and program staff to—
(1) assist, promote, or deter union organizing; or
(2) finance, directly or indirectly, any activity designed to influence the outcome of an election to Federal office or the outcome of an election to a State or local public office.
(c) CONTRACTS OR COLLECTIVE BARGAINING AGREEMENTS.—
A program that receives assistance under this title shall not impair existing contracts for services or collective bargaining agreements.

Sec. 175. Nondiscrimination.[edit]

(a) IN GENERAL.—
An individual with responsibility for the operation of a project that receives assistance under this title shall not discriminate against a participant or member of the staff of such project on the basis of race, color, national origin, sex, age, disability, or political affiliation of such member.
(b) FEDERAL FINANCIAL ASSISTANCE.—
Any assistance provided under this title shall constitute Federal financial assistance for purposes of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and the regulations issued under such Acts.
(c) RELIGIOUS DISCRIMINATION.—
(1) IN GENERAL.—
Except as provided in paragraph (2), an individual with responsibility for the operation of a project that receives assistance under this title shall not discriminate on the basis of religion against a participant or a member of the project staff who is paid with funds received under this title.
(2) EXCEPTION.—
Paragraph (1) shall not apply to the employment, with assistance provided under this title, of any member of the staff of a project that receives assistance under this title who was employed with the organization operating the project on the date the grant under this title was awarded.
(d) RULES AND REGULATIONS.—
The Commission shall promulgate rules and regulations to provide for the enforcement of this section that shall include provisions for summary suspension of assistance for not more than 30 days, on an emergency basis, until notice and an opportunity to be heard can be provided.

Sec. 176. Notice, Hearing, and Grievance Procedures.[edit]

(a) IN GENERAL.—
(1) SUSPENSION OF PAYMENTS.—
The Commission may in accordance with the provisions of this title, suspend or terminate payments under a contract or grant providing assistance under this title whenever the Commission determines there is a material failure to comply with this title or the applicable terms and conditions of any such grant or contract issued pursuant to this title.
(2) PROCEDURES TO ENSURE ASSISTANCE.—
The Commission shall prescribe procedures to ensure that—
(A) assistance provided under this title shall not be suspended for failure to comply with the applicable terms and conditions of this title except, in emergency situations, a suspension may be granted for 30 days; and
(B) assistance provided under this title shall not be terminated for failure to comply with applicable terms and conditions of this title unless the recipient of such assistance has been afforded reasonable notice and opportunity for a full and fair hearing.
(b) HEARINGS.—
Hearings or other meetings that may be necessary to fulfill the requirements of this section shall be held at locations convenient to the recipient of assistance under this title.
(c) TRANSCRIPT OR RECORDING.—
A transcript or recording shall be made of a hearing conducted under this section and shall be available for inspection by any individual.
(d) STATE LEGISLATION.—
Nothing in this title shall be construed to preclude the enactment of State legislation providing for the implementation, consistent with this title, of the programs administered under this title.
(e) CONSTRUCTION.—
Nothing in this title shall be construed to link performance of service with receipt of Federal student financial assistance.
(f) GRIEVANCE PROCEDURE.—
(1) IN GENERAL.—
State and local applicants that receive assistance under this title shall establish and maintain a procedure to adjudicate grievances from participants, labor organizations, and other interested individuals concerning programs that receive assistance under this title, including grievances regarding proposed placements of such participants in such projects.
(2) DEADLINE FOR GRIEVANCES.—
Except for a grievance that alleges fraud or criminal activity, a grievance shall be made not later than 1 year after the date of the alleged occurrence.
(3) DEADLINE FOR HEARING AND DECISION.—
(A) HEARING.—
A hearing on any grievance conducted under this subsection shall be conducted not later than 30 days of filing such grievance.
(B) DECISION.—
A decision on any grievance shall be made not later than 60 days after the filing of such grievance.
(4) ARBITRATION.—
(A) IN GENERAL.—
On the occurrence of an adverse grievance decision, or 60 days after the filing of such grievance if no decision has been reached, the party filing the grievance shall be permitted to submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the interested parties.
(B) DEADLINE FOR PROCEEDING.—
An arbitration proceeding shall be held not later than 45 days after the request for such arbitration.
(C) DEADLINE FOR DECISION.—
A decision concerning such grievance shall be made not later than 30 days after the date of such arbitration proceeding.
(D) COST.—
The cost of such arbitration proceeding shall be divided evenly between the parties to the arbitration.
(5) PROPOSED PLACEMENT.—
If a grievance is filed regarding a proposed placement of a participant in a program that receives assistance under this title, such placement shall not be made unless it is consistent with the resolution of the grievance pursuant to this subsection.
(6) REMEDIES.—
Remedies for a grievance filed under this subsection include—
(A) suspension of payments for assistance under this title;
(B) termination of such payments; and
(C) prohibition of such placement described in paragraph (5).

Sec. 177. Nonduplication and Nondisplacement.[edit]

(a) NONDUPLICATION.—
(1) IN GENERAL.—
Assistance provided under this title shall be used only for a program that does not duplicate, and is in addition to, an activity otherwise available in the locality of such program.
(2) PRIVATE NONPROFIT ENTITY.—
Assistance made available under this title shall not be provided to a private nonprofit entity to conduct activities that are the same or substantially equivalent to activities provided by a State or local government agency that such entity resides in, unless the requirements of subsection (b) are met.
(b) NONDISPLACEMENT.—
(1) IN GENERAL.—
An employer shall not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving assistance under this title.
(2) SERVICE OPPORTUNITIES.—
A service opportunity shall not be created under this title that will infringe in any manner on the promotional opportunity of an employed individual.
(3) LIMITATION ON SERVICES.—
(A) DUPLICATION OF SERVICES.—
A participant in a program receiving assistance under this title shall not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee.
(B) SUPPLANTATION OF HIRING.—
A participant in any program receiving assistance under this title shall not perform any services or duties or engage in activities that will supplant the hiring of employed workers.
(C) DUTIES FORMERLY PERFORMED BY ANOTHER EMPLOYEE.—
A participant in any program receiving assistance under this title shall not perform services or duties that have been performed by or were assigned to any—
(i) presently employed worker;
(ii) employee who recently resigned or was discharged;
(iii) employee who is subject to a reduction in force;
(iv) employee who is on leave (terminal, temporary, vacation, emergency, or sick); or
(v) employee who is on strike or who is being locked out.
(c) LABOR MARKET INFORMATION.—
The Secretary of Labor shall make available to the Commission and to any program agency under this title such labor market information as is appropriate for use in carrying out the purposes of this title.
(d) TREATMENT OF BENEFITS.—
Section 142(b) of the Job Training Partnership Act shall apply to the projects conducted under this title as such projects were conducted under the Job Training Partnership Act.
(e) STANDARDS OF CONDUCT.—
Programs that receive assistance under this title shall establish and stringently enforce standards of conduct at the program site to promote proper moral and disciplinary conditions.

Sec. 178. State Advisory Board.[edit]

(a) FORMATION OF BOARD.—
Each State that applies for assistance under this title is encouraged to establish a State Advisory Board for National and Community Service.
(b) MEMBERS.—
(1) IN GENERAL.—
The chief executive officer of a State referred to in subsection (a) shall appoint members to such Advisory Board from among—
(A) representatives of State agencies administering community service, youth service, education, social service, senior service, and job training programs; and
(B) representatives of labor, business, agencies working with youth, community-based organizations such as community action agencies, students, teachers, Older American Volunteer Programs as established under title II of the Domestic Volunteer Act of 1973 (42 U.S.C. 5001 et seq.), full-time youth service corps programs, school-based community service programs, higher education institutions, local educational agencies, volunteer public safety organizations, educational partnership programs, and other organizations working with volunteers.
(2) BALANCE OF MEMBERSHIP.—
To the extent practicable, the chief executive officer of a State referred to in subsection (a) shall ensure that the membership of the Advisory Board is balanced according to race, ethnicity, age, and gender.
(c) DUTIES OF BOARD.—
A State Advisory Board for National and Community Service established under subsection (a) shall assist the State agency administering a program receiving assistance under this title in—
(1) coordinating programs that receive assistance under this title and related programs within the State;
(2) disseminating information concerning service programs that receive assistance under this title;
(3) recruiting participants for programs that receive assistance under this title; and
(4) developing programs, training methods, curriculum materials, and other materials and activities related to programs that receive assistance under this title.

Sec. 179. Evaluation.[edit]

(a) IN GENERAL.—
The Commission shall provide, through grants or contracts, for the continuing evaluation of programs that receive assistance under this title, including evaluations that measure the impact of such programs, to determine—
(1) the effectiveness of various program models in achieving stated goals and the costs associated with such;
(2) for purposes of the reports required by subsection (h), the impact of such programs, in each State in which a program is conducted, on the ability of—
(A) the VISTA and older American volunteer programs (established under the Domestic Volunteer Services Act of 1973 (42 U.S.C. 4950 et seq.));
(B) each regular component of the Armed Forces (as defined in section 101(4) of title 10, United States Code);
(C) each of the reserve components of the Armed Forces (as described in section 216(a) of title 5, United States Code); and
(D) the Peace Corps (as established by the Peace Corps Act (22 U.S.C. 2501 et seq.));
to recruit individuals residing in such State to serve in such program; and
(3) the structure and mechanisms for delivery of services for such programs.
(b) COMPARISONS.—
The Commission shall provide for inclusion in the evaluations required under subsection (a), where appropriate, comparisons of participants in such programs with individuals who have not participated in such programs.
(c) CONDUCTING EVALUATIONS.—
Evaluations of programs under subsection (a) shall be conducted by individuals who are not directly involved in the administration of such program.
(d) STANDARDS.—
The Secretary shall develop and publish general standards for the evaluation of program effectiveness in achieving the objectives of this title.
(e) COMMUNITY PARTICIPATION.—
In evaluating a program receiving assistance under this title, the Commission shall consider the opinions of participants and members of the communities where services are delivered concerning the strengths and weaknesses of such program.
(f) COMPARISON OF PROGRAM MODELS.—
The Commission shall evaluate and compare the effectiveness of different program models in meeting the program objectives described in subsection (g) including full- and part-time programs, programs involving different types of national service, programs using different recruitment methods, programs offering alternative voucher options, and programs utilizing individual placements and teams.
(g) PROGRAM OBJECTIVES.—
The Commission shall ensure that programs that receive assistance under subtitle D are evaluated to determine their effectiveness in—
(1) recruiting and enrolling diverse participants in such programs, consistent with the requirements of section 145, based on economic background, race, ethnicity, age, marital status, education levels, and disability;
(2) promoting the educational achievement of each participant in such programs, based on earning a high school diploma or the equivalent of such diploma and the future enrollment and completion of increasingly higher levels of education;
(3) encouraging each participant to engage in public and community service after completion of the program based on career choices and service in other service programs such as the Volunteers in Service to America Program and older American volunteer programs established under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.), the Peace Corps (as established by the Peace Corps Act (22 U.S.C. 2501 et seq.)), the military, and part-time volunteer service;
(4) promoting of positive attitudes among each participant regarding the role of such participant in solving community problems based on the view of such participant regarding the personal capacity of such participant to improve the lives of others, the responsibilities of such participant as a citizen and community member, and other factors;
(5) enabling each participant to finance a lesser portion of the higher education of such participant through student loans;
(6) providing services and projects that benefit the community;
(7) supplying additional volunteer assistance to community agencies without overloading such agencies with more volunteers than can effectively be utilized;
(8) providing services and activities that could not otherwise be performed by employed workers and that will not supplant the hiring of, or result in the displacement of, employed workers or impair the existing contracts of such workers; and
(9) attracting a greater number of citizens to public service, including service in the active and reserve components of the Armed Forces, the National Guard, the Peace Corps (as established by the Peace Corps Act (22 U.S.C. 2501 et seq.)), and the VISTA and older American volunteer programs established under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.).
(h) OBTAINING INFORMATION.—
(1) IN GENERAL.—
In conducting the evaluations required under subsection (g), the Commission may require each program participant and State or local applicant to provide such information as may be necessary to carry out the requirements of this section.
(2) CONFIDENTIALITY.—
The Commission shall keep information acquired under this section confidential.
(i) DEADLINE.—
The Commission shall complete the evaluations required under subsection (g) not later than 30 months after the date of enactment of this Act.
(j) REPORT.—
Not later than 24 months after the date on which the first program is initiated under this title, the Commission shall prepare and submit, to the appropriate Committees of Congress, a report containing the results of the evaluations conducted under subsection (a)(2) with respect to the first 18 months after such initiation date.

Sec. 180. Engagemnt of Participants.[edit]

A State shall not engage a participant to serve in any program that receives assistance under this title unless and until amounts have been appropriated under section 501 for the provision of post-service benefits and for the payment of other necessary expenses and costs associated with such participant.

Sec. 181. National Service Demonstration Program Amendments.[edit]

(a) TREATMENT OF EDUCATION AND HOUSING BENEFITS.—
For purposes of determining eligibility for programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) (hereafter in this section referred to as the ``Act´´), post-service benefits received under this Act shall be considered as estimated financial assistance as defined in section 428(a)(2)(C)(i) of title IV of the Act (20 U.S.C. 1078(a)(2)(C)(i)), except that in no case shall such a post-service benefit be considered as—
(1) annual adjusted family income as defined in section 411F(1) of subpart 1 of part A of title IV of such Act (20 U.S.C. 1070a-6); or
(2) total income as defined in section 480(a) of part F of title IV of such Act (20 U.S.C. 1087vv(a)).
(b) TREATMENT OF STIPEND FOR LIVING EXPENSES.—
In no case shall living allowances received under this Act be considered in the determination of expected family contribution or independent student status under—
(1) subpart 1 of part A of title IV of such Act (20 U.S.C. 1070a et seq.); or
(2) part F of title IV of such Act (20 U.S.C. 1087kk et seq.).
(c) CONTINGENT EXTENSION.—
Section 414 of the General Education Provisions Act (20 U.S.C. 1226a) shall apply to this Act.

Sec. 182. Partnerships with Schools.[edit]

(a) DESIGN OF PROGRAMS.—
The head of each Federal agency and department shall design and implement a comprehensive strategy to involve employees of such agencies and departments in partnership programs with elementary schools and secondary schools. Such strategy shall include—
(1) a review of existing programs to identify and expand the opportunities for such employees to be adult volunteers in schools and for students and out-of-school youth;
(2) the designation of a senior official in each such agency and department who will be responsible for establishing adult volunteer and partnership and youth service programs in each such agency and department and for developing adult volunteer and partnership and youth service programs;
(3) the encouragement of employees of such agencies and departments to participate in adult volunteer and partnership programs and other service projects;
(4) the annual recognition of outstanding service programs operated by Federal agencies; and
(5) the encouragement of businesses and professional firms to include community service among the factors considered in making hiring, compensation, and promotion decisions.
(b) REPORT.—
Not later than 180 days after the date of enactment of this Act, and on a regular basis thereafter, the head of each Federal agency and department shall prepare and submit, to the appropriate Committees of Congress, a report concerning the implementation of this section.

Sec. 183. Service as Tutors.[edit]

Notwithstanding any other provision of this Act, a service opportunity through which a part-time participant serves as a classroom tutor under the supervision of a certified professional shall be considered an acceptable placement if the requirements of section 177(b) (1) and (2) and section 174 are met.

Sec. 184. Drug-Free Workplace Requirements.[edit]

All programs receiving grants under this title shall be subject to the Drug-Free Workplace Requirements for Federal Grant Recipients under sections 5153 through 5158 of the Anti-Drug Abuse Act of 1988 (41 U.S.C. 702-707).

Sec. 185. Conforming Amendments.[edit]

The Higher Education Act of 1965 is amended—
(1) in section 411F(9) (20 U.S.C. 1070a-6(9)), by adding at the end thereof the following new subparagraph:


``(F) Annual adjusted family income does not include any living allowance received by a participant in programs established under the National and Community Service Act of 1990.´´;


(2) in section 411F(12)(B)(vi) (20 U.S.C. 1070a-6(12)(B)(vi)), by striking ``(including all sources of resources other than parents)´´ and inserting ``(including all sources of resources other than parents and living allowances received as a result of participation in a program established under the National and Community Service Act of 1990.)´´;
(3) in section 480(f) (20 U.S.C. 1087vv(f)), by—
(A) striking ``and´´ at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and inserting a semicolon and ``and´´; and
(C) adding at the end thereof the following new paragraph:


``(3) any living allowance received by a participant in a program established under the National and Community Service Act of 1990.´´; and


(4) in section 480(d)(2)(F) (20 U.S.C. 1087vv(d)(2)(F)), by inserting after ``other than parents´´ and living allowances as a result of participation in a program established under the National and Community Service Act of 1990)´´.

Subtitle G — Commission on National and Community Service[edit]

Sec. 190. Commission on National and Community Service.[edit]

(a) ESTABLISHMENT.—
There is established a Commission on National and Community Service that shall administer the programs established under this title.
(b) BOARD OF DIRECTORS.—
(1) COMPOSITION.—
(A) IN GENERAL.—
The Commission shall be administered by a Board of Directors (hereinafter referred to in this section as the ``Board´´) that shall be composed of 21 members, to be appointed by the President with the advice and consent of the Senate, who shall be individuals who have extensive experience in volunteer and service opportunity programs and who represent a broad range of viewpoints. The membership of the Board shall be balanced according to the race, ethnicity age and gender of its members.
(B) EX-OFFICIO MEMBERS.—
The Secretary of Education, Secretary of Health and Human Services, Secretary of Labor, Secretary of Interior, Secretary of Agriculture, and the Director of the ACTION agency shall serve as ex-officio members of the Board.
(2) POLITICAL PARTIES.—
Not more than 11 members of the Board shall belong to the same political party.
(3) NOMINATIONS.—
Seven members of the Board shall be appointed from among individuals nominated by the Speaker of the House of Representatives, and seven of such members shall be appointed from among individuals nominated by the majority leader of the Senate.
(4) TERMS.—
Each member of the Board shall serve for a term of 2 years, except that, subject to the provisions of paragraph (4), 11 of the initial members of the Board shall serve for a term of 1 year, as designated by the President.
(5) VACANCIES.—
As vacancies occur on the Board, new members shall be appointed by the President, with the advice and consent of the Senate, and serve for the remainder of the term for which the predecessor of such member was appointed.
(6) CHAIRPERSON.—
The Board shall elect a chairperson and vice-chairperson from among its membership.
(7) MEETINGS.—
The Board shall meet not less than three times each year. The Board shall hold additional meetings if seven members of the Board request such meetings in writing. A majority of the Board shall constitute a quorum.
(8) EXPENSES.—
While away from their homes or regular places of business on the business of the Board, members of such Board may be allowed travel expenses, including per diem in lieu of subsistence, as is authorized under section 5703 of title 5, United States Code, for persons employed intermittently in the Government service.
(c) DUTIES.—
The Board shall—
(1) advise the President and the Congress concerning developments in national and community service that merit the attention of the President and the Congress;
(2) design, administer and disseminate information regarding the programs and initiatives established under this title;
(3) consult with appropriate Federal agencies in administering programs that receive assistance under this title;
(4) have the authority to delegate authority to administer the programs established under this title to any other agency or entity of the Federal Government, on the agreement of such agency or entity, as the Board determines appropriate;
(5) provide, directly or through contract with public or private nonprofit organizations that have extensive experience in service programs, training and technical assistance to States, school and community-based service programs, full-time youth service corps, and national service demonstration programs;
(6) arrange for the evaluation of programs established under this title, in accordance with section 179;
(7) coordinate with the Secretary of Defense in evaluating the effect of the national service demonstration program on the recruitment efforts of the active and reserve components of the Armed Forces; and
(8) carry out any other activities determined appropriate by the Secretary.
(d) EXECUTIVE DIRECTOR OF THE BOARD.—
(1) IN GENERAL.—
The Board shall appoint an individual to serve as Executive Director of the Board (hereinafter referred to in this section as the ``Director´´).
(2) DUTIES.—
The Director shall advise the Board concerning developments in volunteer or national service that the Director determines merits the attention of the Board, identify promising service initiatives, and coordinate the work of the Board with the work of other Federal agencies involved in service activities and in the design of a competitive grant to provide assistance as authorized under this title.
(e) TECHNICAL EMPLOYEES.—
The Director may, at the discretion of the Board, appoint not more than 10 technical employees to administer the Committee. Such employees shall be appointed for terms that shall not exceed 2 years, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.
(f) CLEARINGHOUSES.—
(1) IN GENERAL.—
The Commission shall provide assistance to not more than four regional service clearinghouses.
(2) PUBLIC AND PRIVATE NONPROFIT AGENCIES.—
Public and private nonprofit agencies that have extensive experience in community service, adult volunteer and partnership programs, youth service, intergenerational service programs, and programs working with at-risk youth shall be eligible to receive assistance under paragraph (1).
(3) FUNCTION OF CLEARINGHOUSES.—
National and regional clearinghouses that receive assistance under paragraph (1) shall—
(A) assist State and local community service programs with needs assessments and planning;
(B) conduct research and evaluations concerning community service;
(C) provide leadership development and training to State and local community service program administrators, supervisors, and participants;
(D) administer award and recognition programs for outstanding community service programs and participants;
(E) facilitate communication among community service programs and participants;
(F) provide information, curriculum materials, technical assistance on program planning and operation, and training to States and local entities eligible to receive funds under this title;
(G) gather and disseminate information on successful programs, components of successful programs, innovative youth skills curriculum, and projects being implemented nationwide; and
(H) make recommendations to State and local entities on quality controls to improve program delivery and on changes in the programs under this title.
(g) PRESIDENTIAL AWARDS FOR SERVICES.—
(1) PRESIDENTIAL AWARDS.—
(A) IN GENERAL.—
The President, acting through the Commission, is authorized to make Presidential Awards for service to—
(i) individuals demonstrating outstanding community service including school-based service;
(ii) outstanding service learning and community service programs; and
(iii) outstanding teachers in service-learning programs.
(B) NUMBER OF AWARDS.—
The President is authorized to make one or more individual, one or more teaching, and one or more program awards in each Congressional district, and one or more Statewide individual program and teaching awards in each State.
(C) CONSULTATION.—
The President shall consult with the Governor of each State, and with the Board, in the selection of individuals and programs for Presidential Awards.
(D) PARTICIPANTS IN PROGRAMS.—
An individual receiving an award under this subsection need not be a participant in a program assisted under this title.
(2) INFORMATION.—
The President shall ensure that information concerning individuals and programs receiving awards under this subsection is widely disseminated.
(h) REPORT.—
Not later than January 1, 1993, the President shall prepare and submit to the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives, a report containing recommendations for the improvement of the administration and coordination of volunteer, national, and community service programs administered by the ACTION Agency, the Commission on National Service, and other Federal entities. Such report shall include—
(1) an assessment of whether Federal volunteer, national and community service programs could be more cost effectively and efficiently administered by a single Federal entity or fewer entities, including an estimate of any cost savings that could be achieved by consolidating or centralizing the management of such programs; and
(2) a description of the roles and responsibilities of the ACTION Agency, the Commission on National Service and other Federal entities in developing and coordinating National policy on voluntarism and national and community service and any recommendations for clarifying or altering the missions and responsibilities of such entities which may be appropriate.