H.R. 1388 (111th): Serve America Act

Introduced:
Mar 09, 2009 (111th Congress, 2009–2010)
Sponsor:
Rep. Carolyn McCarthy [D-NY4]
Status:
Signed by the President
Slip Law:
This bill became Pub.L. 111-13.

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was enacted after being signed by the President on April 21, 2009.

Progress
Introduced Mar 09, 2009
Reported by Committee Mar 11, 2009
Passed House Mar 18, 2009
Passed Senate with Changes Mar 26, 2009
Passed Senate Mar 31, 2009
Signed by the President Apr 21, 2009
Votes

On Agreeing to the Amendment: Amendment 2 to H R 1388
Mar 18, 2009 3:30 p.m.
Agreed to 388/36

On Agreeing to the Amendment: Amendment 4 to H R 1388
Mar 18, 2009 3:36 p.m.
Agreed to 261/168

On Agreeing to the Amendment: Amendment 5 to H R 1388
Mar 18, 2009 3:44 p.m.
Failed 175/256

On Agreeing to the Amendment: Amendment 6 to H R 1388
Mar 18, 2009 3:49 p.m.
Agreed to 372/57

On Agreeing to the Amendment: Amendment 8 to H R 1388
Mar 18, 2009 3:55 p.m.
Agreed to 283/147

On Agreeing to the Amendment: Amendment 11 to H R 1388
Mar 18, 2009 4:01 p.m.
Agreed to 339/93

On Motion to Recommit with Instructions: H R 1388 Generations Invigorating Volunteerism and Education (GIVE) Act
Mar 18, 2009 4:31 p.m.
Passed 318/105

House Vote on Passage
Mar 18, 2009 4:39 p.m.
Passed 321/105

On Cloture on the Motion to Proceed H.R. 1388
Mar 23, 2009 5:45 p.m.
Cloture on the Motion to Proceed Agreed to 74/14

On the Motion (Motion to Waive CBA Re: Crapo Amdt. No. 688)
Mar 25, 2009 3:06 p.m.
Motion Rejected 48/49

On the Motion to Table S.Amdt. 715 to S.Amdt. 692 to S.Amdt. 687 to H.R. 1388
Mar 25, 2009 5:17 p.m.
Motion to Table Agreed to 56/41

On the Amendment S.Amdt. 721 to S.Amdt. 687 to H.R. 1388 (GIVE Act)
Mar 26, 2009 2:32 p.m.
Amendment Agreed to 56/41

On the Amendment S.Amdt. 716 to S.Amdt. 687 to H.R. 1388 (GIVE Act)
Mar 26, 2009 2:59 p.m.
Amendment Rejected 48/49

On the Motion to Table S.Amdt. 705 to S.Amdt. 687 to H.R. 1388 (GIVE Act)
Mar 26, 2009 3:16 p.m.
Motion to Table Agreed to 53/43

Senate Vote on Passage
Mar 26, 2009 5:03 p.m.
Bill Passed 79/19

House Vote on Passage
Mar 31, 2009 2:48 p.m.
Passed 275/149

Cosponsors
37 cosponsors (37D) (show)
Committees

House Education and the Workforce

The committee chair determines whether a bill will move past the committee stage.

Full Title

A bill entitled "The Edward M. Kennedy Serve America Act, an Act to reauthorize and reform the national service laws."

Summary

No summaries available.

Text

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Last updated Jan 01, 2010.
142 pages

Primary Source

View on THOMAS (The Library of Congress)

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

4/21/2009. Amends the National and Community Service Act of 1990 (NCSA) and the Domestic Volunteer Service Act of 1973 (DVSA) to revise their programs and reauthorize appropriations for them through FY2014.
Title I - Amendments to National and Community Service Act of 1990
Revises under the NCSA: (1) the School-Based and Community-Based Service-Learning programs and Higher Education Innovative Programs for Community Service, also known as Learn and Serve programs; (2) National Service Trust programs, also known as AmeriCorps; (3) the Civilian Community Corps Demonstration program; and (4) the Investment for Quality and Innovation program.
Subtitle A - Amendments to Subtitle A (General Provisions)
Section 1101 -
Adds to NCSA purposes: (1) providing year-round opportunities in service-learning; (2) involving program participants in emergency and disaster preparedness, relief, and recovery; (3) increasing service opportunities for retiring professionals; (4) encouraging service by individuals age 55 or older and continued service by national service alumni; (5) focusing national service on the areas of national need such service has the capacity to address; (6) assisting social entrepreneurs and nonprofit community organizations in addressing national and local challenges; (7) leveraging federal investments to increase other public and private resources directed toward such challenges; (8) supporting institutions of higher education (IHEs) that engage students in service-learning; and (9) increasing veterans' participation in national service and assisting the families of veterans and military personnel.
Section 1102 -
Adds definitions of Alaska Native-serving institutions, approved silver scholar positions, approved summer of service positions, Asian American and Native American Pacific Islander-serving institutions, authorizing committees, community-based entities, disadvantaged youth, Encore Service programs, Hispanic-serving institutions, historically Black colleges or universities, medically underserved populations, Native American-serving, nontribal institutions, Native Hawaiian-serving institutions, predominantly Black Institutions, principles of scientific research, qualified organizations, scientifically valid research, territories, tribally controlled colleges or universities, and veterans.
Subtitle B - Amendments to Subtitle B (Learn and Serve America)
Section 1201 -
Revises the School-Based programs for elementary and secondary school students (part of the Learn and Serve programs) to eliminate the current competitive grant portion of such programs. Requires the Corporation for National and Community Service (Corporation) to allocate appropriated funds to states, after reserving from 2% to 3% for Indian tribes and territories, pursuant to a formula that takes into account a state's share of school age youth and funds received under title I of the Elementary and Secondary Education Act of 1965 (ESEA). Sets a minimum grant of $75,000 per state for School-Based programs when fiscal year appropriations for the School-Based programs exceed $50 million. Authorizes grants to be used for the development of civic engagement programs dealing with our nation's history and government. Limits the Corporation's share of costs for new School-Based programs at 80% for their first year, 65% for their second year, and 50% thereafter. Permits certain schools receiving funds under title I of the ESEA to use such funds to cover their share of program costs. Increases from 5% to 6% the limit on the use of program funds for administrative costs. Eliminates the current Community-Based Learn and Serve programs.
Section 1202 -
Revises the Higher Education Innovative programs (part of the Learn and Serve programs) that award grants to IHEs and partnerships of IHEs and nonprofit organizations for the provision of community service-learning opportunities to postsecondary school students. Allows the use of grant funds for the inclusion of service-learning as a key component not only of preservice teacher education, but also of education in other fields, such as medicine, criminal justice, or public policy. Directs the Corporation, to the extent practicable, to give special consideration to applications submitted by, or partnerships that include, IHEs serving primarily low-income populations, including Alaska Native-serving institutions, Asian American and Native American Pacific Islander-serving institutions, Hispanic-serving institutions, historically Black colleges and universities, Native American-serving, nontribal institutions, Native Hawaiian-serving institutions, predominantly Black institutions, tribally controlled colleges and universities, and community colleges serving predominantly minority populations. Requires that grantee IHEs meet the minimum requirement set by the Higher Education Act of 1965 regarding the participation of federal work-study students in community service activities. Establishes a Campuses of Service program under which the Corporation annually designates up to 25 IHEs, from among institutions nominated by state Commissions on National and Community Service (state Commissions), as recipients of funding to develop exemplary service-learning programs or disseminate them to other IHEs.
Section 1203 -
Establishes a new Learn and Serve program, Innovative Community-Based Service-Learning Programs and Research, providing grants to states, nonprofit organizations, territories, Indian tribes, IHEs, elementary or secondary schools, and local educational agencies (LEAs) to: (1) provide community service-learning opportunities to elementary and secondary, college, and graduate students; and (2) research and evaluate service-learning. Includes among allowable grant activities: (1) integrating service-learning programs into science, technology, engineering, and mathematics (STEM) curricula; (2) service-learning programs focused on energy conservation, emergency and disaster preparedness, and improving access to computers and other emerging technologies; and (3) involving high school age youth in the mentoring of middle school students. Authorizes new Summer of Service programs under which students who will be entering grades 6 through 12 at the end of the summer and complete 100 hours of community-based service learning summer projects become eligible for an educational award of $500 from funds deposited in the National Service Trust. Permits the Corporation to increase the award to $750 for economically disadvantaged participants. Allows participants to earn a maximum of two summer of service educational awards. Authorizes new Youth Engagement Zone programs under which partnerships between community-based agencies and LEAs that serve a high number or percentage of disadvantaged students engage students and out-of-school youth in service-learning addressing specific community challenges. Authorizes new Semester of Service programs that allow secondary school students, including a large number or percentage of disadvantaged students, to earn academic credit for a semester of coordinated school-based or community-based service-learning that totals at least 70 hours and addresses specific community challenges. Requires participants to spend at least a third of such time participating in field-based activities. Gives funding priority to programs that: (1) involve students and community stakeholders in their design and implementation; (2) operate in low-income or rural communities; and (3) utilize adult volunteers, including retired or retiring adults. Directs the Corporation to contract for a 10-year longitudinal study into the effect Learn and Serve programs have on participants' academic performance and commitment to public service. Requires the results of such study to be reported to Congress and made available to the public.
Subtitle C - Amendments to Subtitle C (National Service Trust Program)
Section 1301 -
Revises the National Service Trust (AmeriCorps) program to: (1) include territories as eligible grant recipients; (2) prohibit the provision of grants to federal agencies; and (3) require grant recipients (other than fixed amount grant recipients) to report any non-Corporation federal funding for their program. Directs the Corporation to develop and, subject to the availability of appropriations, implement a plan to establish the number of approved national service positions as 88,000 for FY2010, and increase them to 115,000 for FY2011, 140,000 for FY2012, 170,000 for FY2013, 200,000 for FY2014, 210,000 for FY2015, 235,000 for FY2016, and 250,000 for FY2017. Requires such increases to be achieved through an appropriate balance of full- and part-time service positions.
Section 1302 -
Requires Americorps grant recipients and federal agencies operating or supporting national service programs to devote a portion of their funding to operating or supporting: (1) an Education Corps to address unmet educational needs; (2) a Healthy Futures Corps to address unmet health needs; (3) a Clean Energy Service Corps to address unmet environmental needs; (4) a Veterans Corps to address the unmet needs of veterans and members of the Armed Forces who are on active duty; or (5) an Opportunity Corps to address the unmet needs of economically disadvantaged individuals. Sets forth authorized Americorps programs that include those that: (1) meet the development needs of rural communities; (2) engage citizens in public safety, health, and emergency preparedness services; (3) expand the number of mentors for disadvantaged and other youths; (4) provide life skills training, employment training, educational assistance, counseling, or a mentoring relationship with an adult volunteer to individuals who are mostly disadvantaged youth; and (5) reduce recidivism by re-engaging court-involved youth and adults. Authorizes AmeriCorps grantees to implement program models that include: (1) community corps programs that promote community unity through the use of organized teams that include participants with diverse backgrounds and abilities; (2) service programs that recruit individuals with special skills or provide participants with specialized preservice training; (3) campus based programs involving postsecondary school students; (4) professional corps programs that recruit professionals for service positions that include salaries that are covered by public or private employers and may exceed the maximum living allowance; (5) programs that give veterans opportunities to participate in service projects; and (6) programs carried out by intermediaries that build the capacity of local nonprofit and faith-based organizations to expand and enhance services. Requires AmeriCorps programs to meet or exceed specified performance indicators. Requires national service programs that provide tutoring to elementary and secondary school students to: (1) certify that tutors have obtained their high school diploma and successfully completed pre- and in-service tutor training; and (2) offer high quality curricula that meet state academic content standards. Requires national service programs that promote citizenship and civic engagement to meet guidelines, to be established by the Corporation, that are consistent with the principles on which the U.S. Citizenship and Immigration Services' citizenship programs are based.
Section 1303 -
Allows the Corporation to approve programs carried out by territories as national service programs that include education awards.
Section 1305 -
Increases the minimum and maximum grant the Corporation may make to states to operate state Commissions. Requires states to match such grants at least dollar-for-dollar, though the Corporation may allow certain alternative matches where a state demonstrates hardship or a new state Commission. Requires challenge grants for national service programs to be completely matched by private funds for an initial three-year grant period and matched by private amounts that are twice the grant amount thereafter. Allows the Corporation to permit the use of state or local funds as matching funds if private funds are unavailable.
Section 1306 -
Requires 62.7% of the AmeriCorps funds allocated by the Corporation to be for competitive grants to states, national nonprofit organizations, and Indian tribes, 35.3% for state formula grants, at least 1% for Indian tribes, and 1% for territories. Establishes a minimum state formula grant of $600,000 or 0.5% of the amount allocated for formula grants, whichever is greater. Directs the Corporation to make an effort to allocate at least 10% of the competitive grant funds available each fiscal year to Encore Service programs (authorized under section 1805 of this Act). Allows the Corporation to provide fixed-amount grants to national service programs. Requires such grants to be significantly less than the reasonable and necessary costs of administering the national service programs receiving them.
Section 1307 -
Establishes the Educational Awards Only program, as part of the AmeriCorps program, allowing the Corporation to provide operational support, in the form of fixed-amount grants, to programs that have approved national service positions but do not otherwise receive AmeriCorps funds. Limits operational support to $800 per program participant, or $1,000 per participant for programs serving at least 50% disadvantaged youth.
Section 1308 -
Prohibits the Corporation from providing more than one national service grant for the same project, unless specifically authorized by law.
Section 1310 -
Prohibits the use of AmeriCorps positions for specified activities, including: (1) attempting to influence legislation; (2) engaging in protests, partisan political activities, or religious instruction; (3) assisting or deterring union organizing; (4) providing abortion services or referrals; or (5) conducting voter registration drives. Prohibits the provision of AmeriCorps assistance to any organization that has violated a federal criminal statute. Prohibits participants in approved national service positions from displacing employed workers or other volunteers.
Section 1311 -
Requires the Corporation to solicit and consider the views of state Commissions in making competitive AmeriCorps grants.
Section 1313 -
Requires the Corporation to place special emphasis on disadvantaged youth when selecting individuals to receive national service leadership training.
Section 1314 -
Allows individuals performing national service in disaster relief to continue to serve for 90 days after their term of service would otherwise end.
Section 1315 -
Reduces the national service living allowance by the amount of the federal work study award provided to individuals during their national service.
Subtitle D - Amendments to Subtitle D (National Service Trust and Provision of National Service Educational Awards)
Section 1401 -
Permits the Corporation to use National Service Trust funds to pay for the new Summer of Service and Silver Scholar educational awards authorized under subtitles B and H of this Act, respectively.
Section 1402 -
Prohibits individuals from receiving a national service educational award from the Trust if they complete less than 15% of their required term of service. Limits an individual's receipt of such awards to the aggregate value of two national service educational awards for full time service; but excludes Summer of Service educational awards from such calculation. Gives Summer of Service participants 10 years to use their educational awards for such service. Gives individuals to whom national service or silver scholar educational awards are transferred 10 years to use such awards (transferors have 7 years to use them).
Section 1403 -
Requires the Corporation, when making educational awards, to rely on certifications made by the entities that selected and supervised the individuals in the approved national service positions that such individuals have successfully completed their required term of service.
Section 1404 -
Sets the national service educational awards for full-time AmeriCorps, National Civilian Community Corps (NCCC), and Volunteers in Service to America (VISTA) participants at a level equal to the maximum Pell Grant that students may receive in the aggregate under the Higher Education Act of 1965.
Section 1405 -
Permits the use of such awards to cover education expenses other than attendance at institutions of higher education, including enrollment in an educational institution or training establishment approved for veterans' education and offering programs of education, apprenticeship, or on-job training. Allows the application of Summer of Service or Silver Scholar educational awards to the repayment of qualified student loans. Excludes an individual's veterans' education benefits from the calculation of a maximum national service, Summer of Service, or Silver Scholar educational award. Allows national service educational awards to be transferred to the children, foster children, or grandchildren of award recipients who were 55 or older when they began their term of service. Requires the Corporation to prevent waste, fraud, or abuse in connection with educational award transfers.
Subtitle E - Amendments to Subtitle E (National Civilian Community Corps)
Section 1502 -
Renames the Civilian Community Corps Demonstration program as the National Civilian Community Corps (NCCC) program. Permits the NCCC to operate nonresidential programs.
Section 1503 -
Makes individuals eligible for participation in the NCCC program, other than the summer program, if they will be at least 18 before the end of the calendar year in which they enroll, but are no more than 24 when they begin participating in the program. Requires the NCCC Director to take measures to increase the percentage of program participants who are disadvantaged youth toward 50% by 2012.
Section 1504 -
Requires, to the extent practicable, that at least 50% of the participants in the NCCC summer program are from economically and ethnically diverse backgrounds, including youth who are in foster care.
Section 1505 -
Permits the Director to select Corps members with prior supervisory or service experience to be team leaders within NCCC units. Requires assignment of units to campuses, rather than camps, which shall be headed by campus directors, rather than camp superintendents. Requires campus locations to be cost-effective (as determined by a feasibility study), and distributed in a manner that allows Corps units to be easily deployed for disaster and emergency response.
Section 1506 -
Requires the Director to ensure, to the extent practicable, that each NCCC participant receives training in cardiopulmonary resuscitation (CPR), first aid, and other skills related to disaster preparedness and response.
Section 1507 -
Places a specific emphasis on NCCC projects that support infrastructure improvement, energy conservation, and urban and rural development. Specifies additional federal agencies required to develop NCCC project proposals.
Section 1509 -
Makes the Chief Executive Officer (CEO) of the Corporation, rather than the NCCC Director, responsible for appointing a permanent cadre of NCCC supervisors and training instructors. Requires the CEO, in appointing members of the permanent cadre, to give consideration to retired and other former law enforcement, fire, rescue, and emergency personnel, and other individuals with backgrounds in disaster preparedness and recovery. Requires such cadre to receive training in working with disadvantaged youth.
Section 1513 -
Expands the NCCC Advisory Board to include the Administrator of the Federal Emergency Management Agency (FEMA), the Secretary of Transportation, the Chief of the United States Forest Service, the Administrator of the Environmental Protection Agency (EPA), and the Secretary of Energy. Includes among the Board's activities helping to coordinate activities with the Corps, including disaster response activities.
Section 1514 -
Requires the Corporation to periodically (currently, annually) evaluate NCCC programs and report its findings to Congress.
Subtitle F - Amendments to Subtitle F (Administrative Provisions)
Section 1603 -
Prohibits national service programs from existing solely to refer individuals to federal assistance programs or state assistance programs that receive federal funding.
Section 1604 -
Alters hearing and grievance procedures to: (1) allow the emergency suspension of national service assistance to grantees for up to three 30-day periods; and (2) require all grantees, not just states and localities, to establish grievance procedures.
Section 1605 -
Requires grantees that serve children to consult with parents when developing or operating their programs, and obtain written permission from parents when transporting minor children.
Section 1606 -
Adds to the duties of state Commissions in preparing national service plans for their states, to include such duties as developing measurable state goals and coordinating national service funding applications in the state. Requires states to develop comprehensive state service plans for service by adults who are age 55 or older.
Section 1607 -
Requires the Corporation to: (1) establish performance levels for national service grantees in consultation with such grantees; and (2) provide technical assistance to failing grantees who have received assistance for less than three years. Requires national service grantees to reach agreements with the Corporation on corrective action plans if they fail to achieve such levels. Provides for the reduction or termination of assistance to grantees who continue to fall short of performance standards after an agreed upon correction period. Allows the Corporation to reserve up to 1% of the total NCSA and DVSA program funds appropriated in a fiscal year for program accountability activities.
Section 1608 -
Directs the Corporation, in partnership with the National Conference on Citizenship, to select a set of civic health indicators to comprise a Civic Health Assessment that enables states and communities to assess their civic health. Requires such partnership to: (1) periodically evaluate and update the Assessment; (2) issue a detailed report, at least annually, analyzing the civic health indicators which, to the extent practicable, include data on different demographic groups; and (3) arrange for the research and tracking of domestic and international volunteering, and an independent evaluation of its impact.
Section 1611 -
Entitles the Inspector General of the Corporation to access to the records of national service program grantees that relate to such assistance.
Section 1612 -
Requires the Corporation to consolidate or modify national service application procedures and reporting requirements. Authorizes the Corporation to set sustainability goals for national service programs which are in writing and used to provide technical assistance to program sponsors in acquiring and leveraging nonfederal funds. Limits the Corporation's national service grants or agreements to three years, unless a different term is specifically authorized. Requires the Corporation, when weighing applications for assistance or approved national service positions, to consider the extent to which the applicant's proposal addresses community needs. Limits Corporation grants for national service programs to $18,000 per full-time national service position, with adjustments for inflation. Frees severely economically distressed communities from any requirement to provide matching funds for national service assistance they receive from the Corporation. Prohibits the Corporation from using NCSA funds to endorse any elementary or secondary school curriculum, and the federal government from requiring states to submit their academic content and achievement standards for federal approval in order to receive such funds. Requires entities that select individuals for national service positions to run criminal background checks on such individuals. Prohibits sex offenders, murderers, and those who make false statements in connection with such background checks from serving. Requires criminal background checks, beginning two years after this Act's enactment, to be conducted on all individuals working in national service positions with certain vulnerable populations. Directs the Attorney General to study and report to Congress on the feasibility, status, and effectiveness of criminal background check systems. Specifies that nonprofit organizations promoting competitive and noncompetitive sporting events for the disabled, such as the Special Olympics, are eligible for direct and indirect national service assistance.
Subtitle G - Amendments to Subtitle G (Corporation for National and Community Service)
Section 1701 -
Allows voting members of the Corporation's Board of Directors whose term expires to continue serving until their successor takes office, but no longer than one year after their term expires.
Section 1702 -
States that it is the Board's responsibility to set overall policy for the Corporation. Requires the Board to review the CEO's budget proposal in advance of its submission to the Office of Management and Budget (OMB) and review the CEO's performance annually.
Section 1703 -
Increases the compensation of the Corporation's CEO by 3%.
Section 1704 -
Requires the Corporation's CEO to: (1) submit a plan to the Board for reaching the goal of 50% full-time approved national service positions by 2012; (2) bolster public awareness of, and recruitment efforts for, the wide range of service opportunities for all citizens; (3) identify and implement recruitment methods that increase the diversity of national service participants and program sponsors; (4) identify and implement recruitment strategies and training programs for bilingual volunteers in the DVSA's National Senior Service Corps; and (5) obtain the opinions of peer reviewers in evaluating applications to the Corporation for assistance. Allows the CEO to solicit funds to support outreach and recruitment efforts.
Section 1705 -
Gives the CEO authority to appoint and determine the compensation of the Corporation's Chief Financial Officer.
Section 1706 -
Allows the Corporation to enter into personal services contracts for national service research, evaluation, and public awareness activities.
Section 1707 -
Allows the Corporation to solicit and accept the donation of services from individuals or organizations.
Section 1708 -
Allows the CEO to assign programmatic functions to state Commissions in order to increase the efficiency or oversight of a national service program.
Section 1709 -
Directs the Corporation to study and report to Congress on the involvement of veterans in national service programs.
Section 1710 -
Requires the Corporation to study national service programs for displaced workers to identify how existing programs could better serve such workers and communities that have been adversely affected by plant closings and job losses, and then implement a pilot program based on the study's findings.
Section 1711 -
Directs the Corporation to study the feasibility and effectiveness of implementing a data matching system to verify an individual's claim to be a citizen, national, or lawful permanent resident alien, and thus eligible for a national service educational award, by using information in the possession of other federal agencies. Authorizes the Corporation to implement a pilot data matching program based on the study's findings.
Section 1712 -
Requires the Comptroller General to: (1) develop performance measures for each program receiving federal assistance under the NCSA and DVSA programs; and (2) report to Congress and the Corporation's Board of Directors, within two years of developing such measures and then every five years, on each program's performance against such measures.
Section 1713 -
Directs the Corporation to study and report to Congress on the development of a Volunteer Management Corps program giving managers the opportunity to contribute their talents to their communities and country.
Subtitle H - Amendments to Subtitle H (Investment for Quality and Innovation)
Section 1802 -
Redesignates National Youth Service Day as Global Youth Service Day and designates April 24, 2009, and April 23, 2010, as Global Youth Service Days. Requires the Corporation to conduct a nationwide Call To Service campaign to encourage everyone to perform public service in the nonprofit sector or government, or by volunteering. Authorizes the Corporation to undertake appropriate ceremonies and activities to observe September 11 as a National Day of Service and Remembrance.
Section 1803 -
Repeals the Military Installation Conversion Demonstration programs and the Special Demonstration Project in Alaska.
Section 1805 -
Establishes a ServeAmerica Fellowships program which directs the Corporation to provide formula grants to states that enable them to award fellowships to individuals they have chosen to participate in service projects, run by nonprofit organizations, which address certain areas of national need. Includes as ServeAmerica areas of national need: (1) the education of economically disadvantaged students; (2) access to health care; (3) energy efficiency and natural resource conservation; (4) economic opportunities for economically disadvantaged individuals; and (5) disaster preparedness and response. Requires the number of ServeAmerica positions to increase from 500 for FY2010 to 1,500 for FY2014. Makes ServeAmerica Fellows eligible for national service educational awards. Authorizes the Corporation to award fixed-amount grants to community-based nonprofit entities to carry out a Silver Scholarship Grant Program which provides $1,000 scholarships to individuals age 55 or older who complete at least 350 hours of service in a year in an area of national need. Establishes an Encore Fellowships program providing one-year fellowships to individuals age 55 or older who are placed with nonprofit organizations to serve in areas of national need and receive training to transition to public service employment in the nonprofit sector or government. Provides matching grants to the nonprofit organizations with which Encore Fellows are placed. Requires the Corporation to conduct an independent evaluation of the Silver Scholarship and Encore Fellowships programs and widely disseminate the results to the service community.
Section 1806 -
Establishes a National Service Reserve Corps of individuals who have completed a term of national service or are veterans and are interested in being deployed, for 30-day periods, in response to national disasters and emergencies. Requires the Corporation to develop or contract for the development of a database of all National Service Reserve Corps members and all nonprofit organizations designated to participate in the program.
Section 1807 -
Directs the Corporation to establish a Social Innovation Funds grant program awarding competitive, renewable, five-year, matching grants to existing grantmaking institutions or partnerships between such institutions and state or local governments which will use the grants to provide competitive, three-to-five year, matching subgrants to community organizations for use in supporting new initiatives or replicating or expanding proven initiatives in low-income communities. Requires Fund grantees to be focused on improving measurable outcomes relating to: (1) the education of disadvantaged students; (2) child and youth development; (3) economic opportunity for the disadvantaged; (4) health; (5) resource conservation and environmental quality; (6) energy efficiency; (7) civic engagement; or (8) crime reduction. Authorizes the Corporation to reserve program funds for: (1) direct grants to community organizations serving low-income communities or addressing one of the issue areas listed above in geographical areas that have the highest need in such area; and (2) researching and evaluating the use of program funds.
Section 1808 -
Replaces the current Clearinghouse program with one that requires the Corporation to provide assistance to entities for the establishment of one or more clearinghouses providing information, research, and training services designed to enhance service-learning and national service programs. Creates a Volunteer Generation Fund program authorizing the Corporation to award matching grants to states and nonprofit organizations to develop and carry out volunteer programs or make subgrants to support and create new local community-based entities that recruit, manage, or support volunteers. Requires one-half of such grant funds to be awarded on a competitive basis and the remainder to be allotted to states pursuant to a formula. Reduces the Corporation's maximum share of the cost of programs receiving assistance from 80% for the first year of such assistance to 50% for the fourth year and each year thereafter.
Section 1809 -
Establishes a Nonprofit Capacity Building program requiring the Corporation to award matching grants to intermediary nonprofit organizations for the delivery of organizational development assistance, including training on best practices, financial planning, grant writing, and compliance with the applicable tax laws, to small and midsize nonprofit organizations, especially those facing resource hardship challenges. Directs the Corporation, to the extent practicable, to award such a grant to an intermediary nonprofit organization in each state. Requires each grant to be at least $200,000. Requires grantees to raise their share of the costs of providing such assistance through contributions from third parties, except where the grantee is a private foundation or specified charity. Reserves for such program, from the amounts authorized for financial assistance under subtitle H of the Act, $5 million for each of FY2010-FY2014.
Subtitle I - Training and Technical Assistance
Section 1821 -
Creates a new subtitle of the NCSA, consolidating training and technical assistance provisions of the NCSA and DVSA that require the Corporation to provide such assistance to NCSA and DVSA programs. Gives priority to programs where services are needed most, that focus on service opportunities for underserved rural and urban areas, or that seek a service component combining students, out-of-school youth, and older adults as participants providing community services.
Subtitle J - Repeal of Title III (Points of Light Foundation)
Section 1831 -
Eliminates federal funding for the Points of Light Foundation.
Subtitle K - Amendments to Title V (Authorization of Appropriations)
Section 1841 -
Authorizes appropriations for FY2010-FY2014. Reserves up to 2.5% of certain appropriations under the NCSA and the DVSA for: (1) School-Based service-learning improvement initiatives with the Secretary of Education; (2) Civic Health Assessment activities; and (3) training and technical assistance.
Title II - Amendments to the Domestic Volunteer Service Act of 1973
Revises under DVSA: (1) the VISTA program; and (2) the National Senior Volunteer Corps (Senior Corps), including the Retired and Senior Volunteer program (RSVP), the Foster Grandparent program, and the Senior Companion program.
Subtitle A - National Volunteer Antipoverty Programs
Chapter 1 - Volunteers in Service to America
Section 2102 -
Amends the VISTA program under part A of title I of the DVSA to include the Northern Mariana Islands as a recipient of program services. Adds to the work to which VISTA volunteers may be assigned: (1) drug abuse rehabilitation and treatment; (2) addressing mental illness; (3) assisting with the reintegration of formerly incarcerated youth and adults into society; (4) financial literacy and planning programs in low-income communities; (5) before- and after-school programs serving children in low-income communities; (6) community economic development initiatives; (7) assistance to veterans and their families in obtaining access to support services; and (8) health and wellness services to low-income and underserved communities. Authorizes public or nonprofit organizations to pay all or a portion of the costs of supporting the service of VISTA volunteers.
Section 2103 -
Establishes a minimum monthly stipend for VISTA volunteers of $125 and a maximum monthly stipend of $150, subject to the availability of funds. Allows the Director to provide a stipend of $250 per month for volunteer leaders.
Section 2104 -
Eliminates the VISTA Literacy Corps program.
Chapter 2 - University Year for VISTA
Section 2121 -
Eliminates the University Year for VISTA program.
Chapter 3 - Special Volunteer Programs
Section 2132 -
Eliminates the Literacy Challenge Grants program.
Subtitle B - National Senior Service Corps
Section 2141 -
Amends title II of the DVSA to rename the National Senior Volunteer Corps program the National Senior Service Corps (NSSC) program.
Section 2143 -
Amends the Retired and Senior Volunteer program (RSVP) to eliminate the priority given to RSVP participation by volunteers who are 60 or older. Requires RSVP programs to be designed and implemented with the advice of experts in the field of service being offered, as well as with those who have expertise in the management of volunteers and the needs of older individuals. Requires RSVP grants, beginning in FY2013, to be awarded for three-year terms through a competitive process, with an option for a three-year grant renewal if the grantee meets certain performance criteria. Subjects each RSVP grant expiring in FY2011-FY2013 to an evaluation process requiring its recipient to meet such performance criteria before the grant may be renewed. Requires that training, technical assistance, and an online resource guide be made available to help grantees meet performance criteria.
Section 2144 -
Amends the Foster Grandparent program to lower the minimum age for program volunteers from 60 to 55. Authorizes providers to determine whether it is in the best interest of a disabled child and foster grandparent to continue their relationship after the child reaches age 21. Requires foster grandparent replacements to be determined through the mutual agreement of all parties providing services to the child. Increases the minimum stipend provided to low-income foster grandparents to $3 an hour. Redefines low-income foster grandparents as those whose income does not exceed 200% of the poverty level. Loosens restrictions on Foster Grandparent program participation by volunteers who are not low-income persons.
Section 2145 -
Amends the Senior Companion program to lower the minimum age for program volunteers from 60 to 55.
Section 2146 -
Requires the provision of at least 25% of the funds for RSVP, Foster Grandparent, and Senior Companion programs of national significance, to the maximum extent practicable, to new program sponsors or to sponsors from areas where no RSVP, Foster Grandparent, or Senior Companion programs are in effect. Alters the list of RSVP, Foster Grandparent, and Senior Companion programs of national significance. Adds to such list programs that support: (1) drug abuse rehabilitation and treatment; (2) mentoring for low-income youth; (3) energy conservation and environmental protection; and (4) crime prevention activities directed toward low-income or formerly incarcerated youth. Allows NSSC programs to accept donations.
Subtitle C - Administration and Coordination
Section 2151 -
Prohibits volunteer activities under the DVSA from displacing volunteers who are not participants under the national service laws.
Section 2154 -
Includes the Northern Mariana Islands in DVSA programs.
Subtitle D - Authorization of Appropriations
Section 2161 -
Authorizes: (1) $100 million for the VISTA program for FY2010; (2) $70 million for the RSVP for FY2010; (3) $115 million for the Foster Grandparent Program for FY2010; and (4) $55 million for the Senior Companion program for FY2010. Authorizes such sums as may be necessary for these programs and activities for FY2011-FY2014. Authorizes such sums as may be necessary for the Special Volunteer (under part C of title I of the DVSA) and NSSC demonstration programs for FY2010-FY2014. Reauthorizes appropriations for the administration and evaluation of DVSA programs through FY2014.
Title III - Technical Amendments to Tables of Contents
Section 3101 -
Makes technical amendments to the tables of contents of the NCSA and the DVSA.
Title IV - Amendments to Other Laws
Section 4101 -
Makes a technical amendment to the Inspector General Act of 1978.
Title V - Volunteers for Prosperity Program
Section 5103 -
Requires the Office of Volunteers for Prosperity (VfP) of the United States Agency for International Development (USAID) to implement a VfPServe program providing skilled professionals with fixed-amount stipends to offset their costs of volunteering abroad to address specified VfP objectives aimed at ameliorating living conditions in developing countries. Lists those objectives as: (1) eliminating extreme poverty; (2) reducing world hunger and malnutrition; (3) increasing access to safe potable water; (4) enacting universal education; (5) reducing child mortality and childhood diseases; (6) combating the spread of preventable diseases; (7) providing educational and work skill support for girls and empowering women to achieve independence; (8) creating sustainable business and entrepreneurial opportunities; and (9) increasing access to information technology. Requires the sponsors of VfP volunteers to provide a dollar-for-dollar match for their VfP grant. Authorizes appropriations for the VfP program for FY2010-FY2014.
Title VI - Effective Date
Section 6101 -
Makes this Act effective on October 1, 2009.
Section 6102 -
Expresses the sense of the Senate that Congress should preserve the income tax deduction for charitable contributions and look for additional ways to encourage charitable giving.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

This summary can be found at http://www.gop.gov/bill/111/1/hr1388.

Background

Executive Summary:

H.R. 1388 reauthorizes through FY 2014 the National and Community Service Act of 1990 (NSCA) and the Domestic Volunteer Service Act of 1973 (DVSA).

The Corporation for National and Community Service administers volunteer and community service programs that are funded under the National Community Service Act of 1990 and the Domestic Volunteer Service Act of 1973, which include AmeriCorps, the National Senior Service Corps, and School- and Community- Based Service Learning (Learn and Serve America). H.R. 1388 reauthorizes many of these programs, authorizes new programs and studies, and increases the authorization amounts on numerous programs.

Background: 

The Corporation for National and Community Service administers national and community service programs that are funded under the National Community Service Act of 1990 and the Domestic Volunteer Service Act of 1973.  These programs were last amended by the National and Community Service Trust Act of 1993.

The National Community Service Act of 1990 authorizes a number of community service programs including, School- and Community- Based Service Learning (Learn and Serve America), AmeriCorps, and the National Civilian Community Corps. 

The Domestic Volunteer Service Act of 1973 authorizes the Volunteers in Service to America (VISTA) program and the National Senior Volunteer Corps, which includes the Foster Grandparents Program, the Senior Companion Program, and the Retired and Senior Volunteer Program (RSVP).

Similar legislation to reauthorize the National Community Service Act of 1990 and the Domestic Volunteer Service Act of 1973 (H.R. 2857) was brought up in the 110th Congress.  The bill was brought to the House floor under a structured rule, but was pulled by the majority after a Republican Motion to Recommit was offered to codify a regulation requiring criminal background checks for all participants of community service programs.  The bill was then brought to the House floor on suspension, with the motion to recommit language included, but concerns with the bill's increased spending levels by Members, the bill did not receive the required two-third vote.  The criminal background check language remains in H.R. 1388. 

Summary

Title I - Amendments to National and Community Service Act of 1990

Subtitle A

H.R. 1388 expands service learning programs by offering year-round opportunities for children and youth and providing service opportunities for retirees.  In addition, it requires the Director of the Corporation for National and Community Service to encourage members of the Baby Boom generation to volunteer.  The bill also includes a Sense of Congress that AmeriCorps programs should grow to reach 250,000 participants by 2014 (this number is up from 100,000 in the 110th Congress version of the bill.) 

Subtitle B - Service Learning
The Learn and Service America program awards grants to community organizations and education institutions that implement or promote service-learning programs to increase the likelihood that student participants will become more civically engaged and volunteer more in their communities.  The bill eliminates the current Community-Based Learn and Serve programs and creates two new Learn and Service programs (see below). 

 

Service Learning:  The bill restructures the funding streams available under the service learning authorization to provide 60 percent of the funds to programs for elementary and secondary students; 25 percent of the funds to higher education programs; and 15 percent of the funds to innovative and demonstration service-learning programs.  (Under current law, 63.75 percent of the funds are available to the programs for elementary and secondary students; 11.25 percent is available for community-based programs for school-age youth; and 35 percent is available for higher education programs.)

Elementary and Secondary Students:  H.R. 1388 establishes a "Summer of Service" program that would provide students who complete 100 hours of service a $500 education award (can be up to $1,000 if the student is disadvantaged).  H.R 1388 also increases the cap that grantees can spend on administrative expenses from 5 percent to 6 percent.

Higher Education:  H.R 1388 allows institutions of higher education to incorporate service learning as a part of health professions, criminal justice, public policy, and teacher education curricula.  In addition, it provides special consideration of applications submitted by Historically Black Colleges and Universities, Hispanic Serving Institutions, and Tribal Colleges and Universities.  H.R. 1388 requires institutions of higher education to meet the requirements for the Federal Work Study program to participate. 

Campuses of Service (new program):  H.R. 1388 creates a new program to designate 25 institutions as "Campuses of Service."  The selection criteria will be based on the number of service learning courses offered, percentage of federal work study funds spent on community service, etc.

Innovative Service Learning Programs and Research:  H.R. 1388 creates a new program to provide 3-year competitive grants that can be used to integrate service learning into science, technology, engineering, and mathematics curriculum in elementary, secondary and post-secondary institutions.  In addition, grants can be provided to programs with a focus on energy conservation, emergency and disaster preparedness, emerging technologies for low-income communities, mentoring of middle school youth by high school youth, and research and evaluation on service learning. 

Authorization Level:  In FY 2007, service learning programs were funded at $37 million.  This bill authorizes $97 million for fiscal year 2010 and such sums for subsequent years.  This is a 262 percent proposed spending increase. 

Subtitle C - National Service Trust Program

AmeriCorps:  H.R. 1388 reauthorizes "such sums" for AmeriCorps.  In Fiscal Year 2009, the program received $271.2 million in funding.  The bill prohibits the Corporation from providing grants directly to other federal agencies to operate national service organizations.  In addition, it increases the amount of the grant allowed for administrative costs from 5 percent to 6 percent.

H.R. 1388 recognizes the following national service programs eligible for program assistance:  

  •          Education Corps
  •          Healthy Futures Corps (to identify unmet health needs within communities)
  •          Clean Energy Corps (to identify unmet environmental needs within communities)
  •          Veterans' Corps
  •          Opportunity Corps

The bill adds additional accountability measures, and new indicators of achievement for each new Corps.  The bill also requires the Corporation to report to Congress about the projects funded under the different Corps and whether they are meeting their requirements.  The bill also allows the Corporation to phase in a fixed price grant which will eliminate administrative requirements that have kept smaller, more local, organizations from participating in the program.

With regard to the Corporation's grant funding ability, the bill creates a non-federal match requirement of 24 percent during the first three years, increasing to 50 percent by the tenth year.  The bill allows for this requirement to be adjusted for programs in rural or severely economically distressed communities. 

Subtitle D - National Service Trust and Provision of National Service Education Awards

Limits on National Service Awards:  H.R. 1388 reauthorizes "such sums" for the National Service Trust, which provides educational grants to AmeriCorps volunteers as well as funding for scholarships to high school students rewarded for outstanding community service, and allows individuals who meet the requirements to receive no more than two full-time National Service Educational Awards. 

Subtitle E - National Civilian Community Corps (NCCC)

The National Civilian Community Corps (NCCC) is a residential community service program for young adults between the ages of 14-24 (H.R. 1388 increases the minimum age of participants to 18), the purpose of which is to promote civic engagement.  Participants serve disaster preparedness and response needs across the country.  This program has previously been rated as ineffective according to the U.S. Office of Management and Budget. 

Establishment of the NCCC Program: H.R. 1388 amends the NCCC to require that at least 50 percent of participants be disadvantaged youth and be composed of youth from ethnically diverse backgrounds. 

*Note: The NCCC was included as a demonstration program in a law enacted in 1993, but has continued to receive funding via the appropriations process.

In FY 2007, NCCC was funded at $27 million.  H.R. 1388 authorizes $30 million for fiscal year 2010 and such sums for subsequent years. 

Subtitle F - Administrative Positions

Referrals to Federal Assistance Programs:  H.R. 1388 would prohibit programs from receiving assistance under the national service laws for the sole purpose of referring individuals to federal assistance programs or state assistance programs (funded in part by the federal government).

Parental Involvement: The bill requires organizations that receive funds under this act to consult with the parents or legal guardians of the children in their programs.  In addition, it requires the organization to receive parental permission before transporting children.

Evaluation and Accountability:  The bill requires the Corporation to provide ongoing evaluations of the programs receiving funding under these laws.  The evaluations require the Corporation to develop performance measures for each grantee. If a grantee fails to meet the performance measures, it must develop a corrective action plan.  Federal assistance will be terminated if the grantee does not improve.  The bill also requires the Corporation to set sustainability goals for organizations to ensure that programs are not dependent on federal assistance.  The bill also requires the Corporation to take into consideration the ability of the applicants to increase the involvement of volunteers in the community (taking into consideration the mission of the applicant) when approving an application.

Criminal Background Checks:  The bill includes a Republican motion to recommit from last Congress to expand a current regulation to require organizations receiving grants under the national service laws to run criminal background checks for individuals receiving funds under these laws.  The bill also prohibits from eligibility those individuals who refuse to go through the background check, make false statements while undergoing the check or are registered sex offenders.

Subtitle G - Corporation for National and Community Service

Displaced Workers Study and Pilot:  H.R. 1388 authorizes the Corporation to conduct a new study to identify displaced workers and recommend how national service programs can be better geared towards helping these individuals.  The bill authorizes such sums for this study for FY 2010 through 2014. 

Study of Centralized Electronic Citizenship Verification System:  H.R. 1388 authorizes the Corporation to conduct a new study on establishing an electronic citizenship verification system and then implement a pilot based on the recommendations from the study.  The bill authorizes such sums for this study from FY 2010 through 2014.

Veterans Programs: The bill requires the Corporation to conduct a new study to identify areas of need for veterans and methods for utilizing veterans as resources and volunteers.  It allows the Corporation to conduct a pilot program based on the findings in the report.

Innovative Program Support: The legislation authorizes the Corporation to provide grants to carry out programs focused on disadvantaged youth, learning and thinking skills, youth under the age of seventeen, health and wellness, and recidivism reduction.

Points of Light Foundation:  H.R. 1388 repeals this program. 

Social Innovation Fund:  The bill creates a new use of funds to provide grants to organizations to leverage their funds to test new initiatives, with the focus on some of the following areas: resource conservation, individual or community energy efficiency, civic engagement, etc.  The bill authorizes "such sums" for FY 2010 through 2014. 

Title II - Amendments to the Domestic Volunteer Service Act of 1973

Subtitle A - National Volunteer Antipoverty Programs

VISTA Program:  H.R. 1388 expands the programs and projects to include work with the re-entry and re-integration of formerly incarcerated youth and adults into society, developing financial literacy programs, supporting before- and after- school programs for children in low-income communities, supporting community economic development initiatives, assisting veterans and their families, and addressing health and wellness of low-income and underserved communities.

Programs for National Significance:  The bill creates a new program (under an existing authorization) for VISTA programs of national significance for a variety of programs focused on things such as financial literacy, after-school programs, community economic-development, and assistance for veterans. 

VISTA Programs Repealed:  The bill repeals the VISTA Literacy Corps, the University Year for Vista and Literacy Challenge Grants.

Increases Stipends:  The bill increases the stipends for VISTA participants by at least $25 per month.

Authorization Level:  Funded at just over $95 million in FY 2009, H.R. 1388 authorizes $100 million for the VISTA program. 

Subtitle B - National Senior Volunteer Corps

H.R. 1388 changes the name of the program from the "National Senior Volunteer Corps" to the "National Senior Service Corps."

Age Requirement:  The National Senior Service Corps is made up of the Retired and Senior Volunteer Program, the Foster Grandparent Program, and the Senior Companion Program.  The bill lowers the age to participate in these programs from age 60 to 55.  The bill caps the stipend participants receive at 75 percent of minimum wage. 

Foster Grandparent Program:  The bill increases eligibility for the program by changing the definition of "low-income person" from one living at 125 percent of poverty to 200 percent above the poverty line.  The bill would also allow for a 10 percent increase in the stipend for experienced participants.

Senior Companion:  The bill permits trainers and leaders in these programs to receive a stipend.

Retired and Senior Volunteer Program: The bill requires grantees to undergo competitive re-evaluation for the first time.

Authorization Level:  H.R. 1388 authorizes $240 million for FY 2010 (and such sums thereafter).  The bill specifies that $115 million is to be allocated to the Foster Grandparent program; $55 million for the Senior Companion Program; and $70 million for the Retired Senior Program.  Total funding for these programs was $213.8 million in FY 2009.  The bill also authorizes such sums for FY 2010 through 2014 for the Special Volunteer Program and Demonstration Program.  

 

Cost

CBO estimates that implementing H.R. 1388 would cost $6 billion over 5 years.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

The bill contains the following citations to other parts of U.S. law:

Slip Laws

Slip laws refer to enacted bills and joint resolutions in their original form as enacted by Congress, that is, before other laws amend them. Slip laws are cited as “Public Law XXX-YYY”, where XXX is the number of the Congress in which the bill or resolution was introduced.

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Other Citations

  • 31 U.S.C. Chapter 75
  • 31 U.S.C. Chapter 91
  • 38 U.S.C. Chapter 36