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H.R. 4330 (101st): National Service Act of 1990

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

9/13/1990--Passed House amended. National Service Act of 1990 - Requires the head of each department and agency participating in programs assisted under title II of this Act or under amendments made by this Act to establish and administer a program of random testing of individuals participating in such programs for the illegal use of drugs. Title I: School-Based and Higher Education Community Service - Part A: School-Based Community Service - Schools and Service-Learning Act of 1990 - Subpart 1: School-Based Service Learning - Authorizes the Secretary of Education (the Secretary, for purposes of this title) to make grants to States for state-wide school-based service learning programs involving local partnerships of local educational agencies (LEAs) and other organizations. Authorizes appropriations. Subpart 2: Youthbuild Projects - Authorizes the Director of the ACTION Agency to make grants for up to 90 percent of the cost of Youthbuild projects. Requires that eligible participants in Youthbuild projects be employed in construction, rehabilitation, or improvement of: (1) residential rental housing for homeless individuals and low-income families; (2) transitional housing for homeless individuals; or (3) facilities for providing health, education, and other social services to low-income families. Requires that participants be provided: (1) service opportunities on such construction or rehabilitation projects which are integrated with appropriate skills training and preapprenticeship or apprenticeship programs; (2) education services; (3) personal and peer supports; (4) leadership development; (5) preparation for and placement in unsubsidized employment; and (6) support services and need-based stipends to enable participation, and support services, for up to six months after completion of training, to assist in retaining employment. Conditions provision of service opportunities upon individual attendance and participation in educational services and activities. Bases participant eligibility, with certain exceptions, on the individual's being: (1) 16 to 24 years of age; (2) economically disadvantaged; and (3) a high school dropout with reading and mathematics skills at or below the eighth grade level. Limits an individual's full-time participation to between six and 18 months. Authorizes appropriations. Subpart 3: Other Federal Volunteer Service Programs - Authorizes the Secretary of Education to make grants and contracts for: (1) rural youth service demonstration projects; (2) model community service and service-learning programs; and (3) model service programs for dropouts and out-of-school youth. Authorizes appropriations. Authorizes the Director of the ACTION Agency to make grants to State Governors for initiatives involving non-school-based voluntary service projects in their States. Sets forth provisions for authorized activities and allotments based on school-age population. Authorizes appropriations. Prohibits the Director from making such grants for FY 1993 and thereafter unless State laws provide protection from personal liability for volunteers performing their official duties and functions. Amends the Domestic Volunteer Service Act to authorize appropriations to increase the number of low-income individuals who provide services under the Foster Grandparent Program to children who participate in Head Start programs. Subpart 4: Activities of the Secretary of Education - Directs the Secretary of Education to: (1) widely disseminate information about programs under this part; (2) provide for program evaluation, including participant and community opinions; and (3) make such evaluations available to the public, and to congressional committees in the Secretary's annual report. Authorizes the Secretary to make grants to or contracts with experienced public and private nonprofit agencies for national or regional clearinghouses for information on volunteer service with respect to subpart 1 programs. Authorizes appropriations. Subpart 5: Volunteer Service Activities of the President - Authorizes the President to make Presidential Awards for School-Based Service recognizing excellence in school-based service programs. Authorizes the President to create an interagency task force to: (1) create and monitor effective measures for coordinating the various parts of this Act; and (2) design a comprehensive Federal service strategy, including specified components. Authorizes appropriations. Subpart 6: General Provisions - Prohibits making grants under this part for any educational program, activity, or service related to sectarian instruction or religious worship, or provided by a school or department of divinity. Applies the General Education Provisions Act to the programs authorized by this part. Part B: Higher Education Community Service - Subpart 1: Innovative Projects for Community Service - Authorizes the Secretary to make grants to and contracts with higher education institutions, (and other public agencies and nonprofit organizations working in partnership with such institutions) to: (1) enable them to create or expand their student community service activities; (2) encourage student initiated and designed community service projects; and (3) help integrate community service into academic curricula and crediting. Directs the Secretary to make grants to colleges, universities, and other nonprofit organizations to train teachers (and those planning teaching careers), education personnel, and community leaders in skills for developing, supervising, and organizing community service activities. Limits the Federal share under this subpart to not more than 50 percent of the cost of the community service activities. Authorizes appropriations. Subpart 2: Campus-Based Community Work Learning Jobs - Amends the Higher Education Act of 1965 (HEA) to provide for additional reservations of certain funds for: (1) campus-based community work learning study jobs; and (2) work-study for community service-learning on behalf of low-income individuals and families. Subpart 3: Guaranteed Student Loans - Amends HEA to provide for up to three-year loan deferments under the guaranteed student loan (GSL) and the federally-insured student loan (FISL) program for: (1) certain full-time volunteer service; (2) full-time employment as a professional in drug counseling, prevention, intervention, treatment, or education by a public or nonprofit private agency; and (3) full-time volunteers providing Indian health services. Subpart 4: Direct Loans to Students in Institutions of Higher Education - Amends HEA to provide for certain rates of partial cancellation of loans and certain deferments of loan repayments under the national direct student loan (NDSL) program for: (1) certain full-time volunteer service; (2) full-time employment as a professional in drug counseling and treatment; and (3) full-time volunteers providing Indian health services. Subpart 5: Publication - Amends HEA to require that specified information on student loan deferments and cancellations for certain full-time voluntary service be included in institutional information for students, exit counseling for borrowers, and Department of Education information on student loans. Subpart 6: Student Literacy Corps - Amends HEA to require Student Literacy Corps programs to give priority to tutoring services to illiterate parents of educationally or economically disadvantaged elementary school students, with special emphasis on single-parent households. Authorizes increased appropriations for the Student Literacy Corps. Subpart 7: Student Tutorial Corps Initiative - Amends HEA to create a Student Tutorial Corps. Authorizes the Secretary to make demonstration grants to higher education institutions for student tutorial programs that: (1) encourage their students to tutor educationally disadvantaged students in schools assisted under chapter 1 of title I of the Elementary and Secondary Education Act of 1965; (2) are conducted at such schools, at the request and with the direction of school personnel; and (3) do not displace any of such personnel. Authorizes appropriations. Part C: Peace Corps - Peace Corps Volunteer Education Demonstration Program Act - Authorizes the Director of the Peace Corps (the Director) to carry out a training and educational benefits demonstration program. Makes eligible for such program participation any individual who: (1) has satisfactorily completed at least two years at a higher education institution, is enrolled in a bachelor's degree program of at least four years and will complete it within two years; (2) agrees to serve at least three years as a Peace Corps volunteer; and (3) is selected under a specified competitive process. Requires the Director to provide a Peace Corps training program for the selectees as part of their course of study at their institution. Requires that selectees receive certain educational benefits to cover costs of their last two years of study. Requires repayment if the individual fails to complete the educational program or the service requirement. Authorizes the Secretary of Education to collect such repayments. Requires the Director and the Secretary to evaluate such demonstration program jointly and submit an interim and a final report to the President and the Congress. Authorizes appropriations. Part D: Community Action Agencies - Treats community action agencies as community-based organizations for purposes of this title. Title II: To Establish the American Conservation and Youth Service Corps - Part A: American Conservation Corps - Establishes the American Conservation Corps (ACC), to be administered by Federal agencies and through a State grant component. Directs the Secretaries of the Interior and of Agriculture to establish the Federal component of the ACC within their agencies to administer programs on Federal lands. Directs these Secretaries to enter into program agreements with program agencies, local governments, and nonprofit organizations. Requires program participants to contract with qualified existing youth corps programs in the regions or areas where Federal component activities will occur. Provides that the administering Secretary will directly administer a program for a Federal component only if a State, after receiving encouragement, has failed to establish a youth corps program. Directs the Secretary of the Interior to establish a program of grants to States to administer the State component of the ACC involving work on non-Federal public lands and waters. Directs each Governor to designate a State program agency. Requires States carrying out such programs to provide mechanisms for participation by local governments and nonprofit organizations. Authorizes the ACC to carry out conservation, rehabilitation, and improvement projects relating to: (1) wildlife habitat, rangelands, parks, recreational areas; (2) urban revitalization and historical and cultural sites; (3) fish and fisheries; (4) roads and trails; (5) erosion, floods, droughts, and storm damage assistance and control; (6) streams, lakes, waterfront harbors, and ports; (7) wetlands protection and pollution control; (8) insect, disease, rodent, and fire prevention and control; (9) improvement of abandoned railroad beds and rights-of-way; (10) energy conservation, renewable resources, and biomass recovery; (11) reclamation and improvement of strip-mined land; and (12) forestry, nursery, and cultural operations. Limits such projects to those on public lands or Indian lands, except where the administering Secretary determines that a project involving other lands will provide a public benefit. Part B: Youth Service Corps - Requires the Director of the ACTION Agency to appoint an Assistant Director to make grants for youth service projects to eligible public and private nonprofit agencies, and to otherwise administer Youth Service Corps (YSC) programs under this part. Provides for designation of specific activities as eligible service categories if: (1) they are of substantial social benefit in meeting unmet human, social (especially poverty-related), or environmental needs in a community; (2) they will not interfere unreasonably with employment availability and terms of employees of sponsoring organizations; and (3) participants are qualified for such activities. Allows such service categories to include service in: (1) State, local, and regional governmental agencies; (2) nursing homes, hospices, senior centers, hospitals, local libraries, parks, recreational facilities, day care centers, and schools; (3) law enforcement, penal, and probation agencies; (4) private nonprofit social services organizations; (5) rehabilitation or improvement of public facilities or neighborhoods, literacy programs, weatherization and repair of low-income housing, energy conservation (including solar energy), removal of public facility architectural barriers to the handicapped, and conservation, maintenance, or restoration of natural resources on publicly held lands; and (6) any other nonpartisan civic activities and services determined appropriate by the Assistant Director. Prohibits such service categories from including any position in any: (1) business organized for profit; (2) labor union; (3) partisan political organization; (4) religious organization, unless the position does not involve any religious functions; or (5) domestic or personal service organization. Part C: Youth Skills Enhancement - Requires the administering Secretary or the Assistant Director (as the case may be) to provide guidance and assistance to States in securing certification of training skills or academic credit for competencies developed under this title. Directs each program agency to maintain or enhance, through programs and projects under this title, the educational skills of program enrollees. Directs appropriate State and local officials to certify standards and procedures (that meet specified Federal criteria) for awarding academic credit and certifying educational attainment in such programs. Part D: Administrative Provisions - Sets forth requirements for award of grants to eligible entities, including matching requirements and limitations on use of funds. Limits enrollment in the ACC and YSC to individuals who, at the time of enrollment, are: (1) 16 through 25 years old (15 through 21 for summer programs); and (2) U.S. citizens or nationals or lawful permanent resident aliens. Requires the State job training coordinating council to appoint an advisory board for oversight and review of ACC and YSC projects under this title. Authorizes appropriations. Part E: Youth Service Clearinghouses - Authorizes the Secretary of the Interior and the Director of the ACTION Agency to provide financial assistance to one or more national or regional clearinghouses on youth corps and youth service. Allows experienced public and private nonprofit agencies to apply for such assistance, and sets forth required clearinghouse functions. Part F: Community Action Agencies - Treats community action agencies as community-based organizations and nonprofit organizations for purposes of this title. Title III: Proposed Model Good Samaritan Food Donation Act - Expresses the sense of the Congress that the States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States should: (1) encourage the donation of food and grocery products to nonprofit organizations for distribution to the needy; and (2) consider the model Good Samaritan Food Donation Act as a means of encouraging such donations. Good Samaritan Food Donation Act - Defines specified terms relative to food donation activities. Exempts gleaners and owners of property used for gleaning from liability for damages resulting from such activities except for situations of gross negligence or intentional misconduct. States that such Act is intended only to serve as a model law. Title IV: Military Selective Service Provisions - Makes ineligible for participation in a service program under this Act individuals who are or were required to register under the Military Selective Service Act and who are not so registered or knowingly and willfully did not so register before such requirement terminated or became inapplicable to the individual. Requires the head of each Federal agency administering such a service program to ensure that each participant has not violated such registration requirement. Sets forth a Buy American provision which authorizes award of a contract, pursuant to any grant made under this Act to a domestic firm rather than a foreign firm to which such contract would have been awarded under competitive procedures. Requires, as conditions for such a domestic award, that: (1) the final product be completely assembled in the United States; (2) at least 51 percent of such final product be domestically produced; (3) the difference between the domestic and foreign bids not exceed six percent; and (4) the Secretary of Education, with the concurrence of the Secretary of Commerce and the U.S. Trade Representative determining that the public interest so desires, taking U.S. international obligations and trade relations into account.